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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_01/10/2006 i � � �:� lYIINiJTES VILLAGE OF TEQUESTA ETxNG REGULAR VILLAGE C MBER S, 20 5 THURSDAY, DECE was called to order by I, CALL TO ORDER AND ROLL �-'L call was taken by Village Clerk Gwen Mayor Jim Humpage at 7:00 P.M• Council Cazlisle. Present were: Mayor Jim HumpaSe, Vice Mayor Pat Watkins, eraldine A. Genco, and Council Member Tom villa e Attorn y Member G er Michael R.. Couzzo, Jr., g attendance were: Village Manag �ent Heads. AttorneY Karen Roselli, Village Clerk Gwen CarlisH �� was delayed, and would be Roselli mentioned Village Attorney Scott late to the meeting. II, INVOCATION AND PLEDGE OF ALLEGIANCE Ma or Humpage gave the invocation and led in the pledge of allegiance to the _ Y flag. III, pRESENTATIONS AND PROCLAMATIONS 1 PO5TPONED TO JANiTARY 10 2006 RE �� MEK�en Ma�cus, Presentation on Workforce Housmg District 1 Mayor HumpaSe mentioned Commissioner Marcus had a conflict in her schedule and would be a�ailable for next months meeting. en Space System Planning — David Barth — 1.1. Presentation on Parks &�p lin Lo ez Rinehart, �c. Glatting Jackson Kercher Ang � P Village Manager Couzzo introduced Mr. David Baxth a planner with expertise in open space, especially with bicy �l�e�pe �S��h ��c�p e pathways. He mentioned he had the opportumtY of months ago, and he came and made a p ould be� nteresting to have offices. He explained he thought rt w resenta.tion to Council and the communitY to give some of the ideas he p and the potential of these pathways and bikeways. has for the communitY� He indicated he is familiar with what the Village has done, and what �'r'e will be doing on Old Dixie HighwaY• Mr. David Barth, Land Planner introduced Ms. Connie Roy-Fisher. He Club residents, and he indicated he mentioned both of them are Country ose this was proposing this as a volunteer effort. He mentioned t�ie p�'P evening was to ask Council if they would be in more t Q G eenwaym T� g like this. He explained the presentanon was r: i Minutes - Village Council Regulaz Meeting 12/08/OS � Page 2 and Bikeways Plan Systems. He mentioned he manages the West Palm Beach office, with approximately 150 employees. He indicated what he specializes in prafessionally is Park System Planning (parks and open space). He mentioned his firm has done about 40 different types of system plans, bikeways, trails, natural lands, open space for different cities and towns. He mentioned what eh d cated a11 the elemen�s of ptan�make up Great Open Space Model. H a really good system. He �emla such as a Con �itut on Park PTequesta Park, of a good open space sy , and same sidewalks and bikeway linkages. He mentioned there were also some dead zones. Mr. Barth noted the Village is a great place to live and by es fog a m ea these elements, such as access to the water, it mak �' community He pointed out through time and through experience they have developed a model, which defines a great system and that it meets the community needs. He mentioned in Tequesta most people can get to some type of pazk within a%Z mile or 1 mile from their homes. He asked, as connectors, is each o f t he Vi l lages streets designed as a linear pazk. He suggested that would be something to him that would be desirable goal to have and can it be achieved in Tequesta. He asked is there a pedestrian bicycle in transit access to every public park and open space. He explained right now as an example, he can ride his bike from the Country Club to Publix. He indicated it is not a prefect ride, but he can use his bike to get almost anywhere in the community, but there are places where he hits potholes, dead ends, or he has to get off the path hecause someone is coming at him. He mentioned for the most part the Village has the framework for a good plan; so the question is can the Village make it better. He asked how can Tequesta improve the plan, and have better bone structure. He showed slides from different commu�� � ails�. He noted over the improved their street networks, bikeways summer he went to Europe and after visiting Belgium; he started to see what it would be like to live in a community that believed in the plan principles. He mentioned in Mole, Belgium he could go anywhere he wanted by foot, or bicycle and it was integrated into the society. He then said if Mole, Belgium can do this, can the citizens aspire to make Tequesta one of the most livable, walkable communities in United Sta.tes. He commented a community that promotes health and wellness. Mr, $arth mentioned the question he asked when he met with the Village Manager and the Vice Mayor was; was the community interested in taking a look at our pedestrian and bikeway systems, and engaging in some type of planning process.. He noted he has no preconceived notions about how much detail the Village would want to get into, but the typical planning 2 5 �� Minutes - Village Council Regular Meeting 12/08/0 Page 3 � rocess is to look at where you are, identify a long range vision, and figure P out how to break that vision dowri into a Capital � h Vi lage and Village codes. He commented whatever plamm�g p would want to engage in has those elements in it. He nels a e lan h interesting to create some type of map, that an overall ope p p la ers, but indicated he was addressing more the trails and b ome hing ke Y for the Village. He asked if Council was interested in oi g this for Tequesta. were interested in Ivir, garth indicated Ms. Roy-Fisher and � rocess. He felt there volunteering their time and leading some type of p of Citizens Advisory Committee, would probably need to be some type ut to ether a ou of either have an established co a1ttHe noted they l could do some S�aturday people that would be intere and evening workshop sessions, and suggested the Village put together some base maps. He mentioned the group could then talk abou�t �w�r = works and what does not work, and where does the Villag � connections. He explained ultimately they could come up with a plan, and identify projects. He stated the objective to him was��h m�e it one the take this wonderful communitY that we hve in, most livable and walkable cbmmunities I ed e t�and �,astenoHbroken or out the community a1readY has all the mgr needed to be fixed. Council Member Genco asked to see the slide r�e dOr g checkl st components. Mr. Barth reviewed the slide on the Co He indicated when they talk about the trails and bikeway � ae p H checklist has some items they generally see missing commented for example, if he was riding�e abrig �o� �e bridge when went to the Alternate AlA bridge; as you dan erous. He you get to the bottom the sidewalk ends, and it very g stressed that is outside the Village's limi�s, Tet esta Drive. e Tequesta where the sidewalk dies, such q resentation, smce Watkins noted she was very interested in hearing the P the Mayor and Council Member R l m �'�'want to keep of these sidewalks in the Village, that Counci them that they are adequate for ideas in mind when they are planning bikers as well as pedestrians. She thanked M�• B�h for the gresentation. Mayor Humpage noted one of the mo�e nH� noted whe the V� ilage pu made, was he offered to volunteer his ti out the Mayor's survey one of the commV �,a�e�Oe dh ve some miss' g. in was sidewalks. He commented the g links, and plans are over the next 3 years to complete S before the V'llage links. He explained he sees this as a great opportunity, begins to complete the missing links, to get some input from the residents. 3 , Minutes - Village Council Regular Meeting 12/08/OS Page 4 Mayor Humpage thanked Ms. Roy-Fisher and Mr. Barth for any assistance they would give to the Village. Mr. Barth stated they would need a staff person to be a liaison, because they would need help getting base maps ou and figure out some type of together, and need to set up an advisory gr p, . schedule. Council Member Genco asked whether the Village had it all the streets and maps on CADD. Village Manager Couzzo indicated Staff could provide them with more information. Mayor Humpage noted since the Village has some of this work in the 2005/2006 budget, it would behoove the `Iillage to take a quick look at this and put something together. He thanked Mr• Barth• IV, APPROVAL OF AGENDA MOTION Vice Mayor Watkins moved to approve the agenda, as amended; seconded by Council Member Paterno. Vice Mayor Watkins asked if she could clarify the minutes provided under Item 2, Unfinished Business regarding her ex-parte communications: She stated for the record that she had spoken with more than 1V1�'• Burkhart, th�t the group included, Mr. Nick Mastroianni, Mr. Ed Oliver, and she could not remember the 4 gentleman. Council Member Genco removed Items 15, 16 and 18 from the Consent Agenda. Council Member Paterno removed Items 14, and 17 from the Consent Agenda. Motion passed 4-0. V, UNFINISHED BUSINESS/DEVELOPMENT MATTERS 2. Quasi judicial Public Hearing for Special Exceptions. Allied Capital & Development known as Roya1 Tequesta located at 740 N. U.S. Highway One to allow a Planned Commercial Development in the C-2 Community Commercial District. Village Attorney Hawkins swore in 5 people. Ex parte communications: Mayor Humpage mentioned he had he 1 � l� d the ge t emen for their Vice Mayor Watk�ns mentioned presentation at the break during the last Council Meeting, but they did not discuss the project. 4 Minutes -.Village Council Regular Meeting 12��g�0 5 � Page 5 Council Member Paterno mentioned he ha�de � Gent le this Council Member Genco indicated she sp �tems that she may want to evening, and he asked if there were any address at this meeting. She stated no. Ms. Catherine Harding, Director of Community Development indicated Staff had not received any correspondence or communications from the applicant since the last meeting. ma not have seen a letter that A tt o rn e y Hawkins mentionee an d was se n t t o e a c h C o u n c il Member• He went to the Village Manag , licant, Allied Capital stated �'• Te�'Y Lewis, Counsel for the aPP bmitted the letter, and the letter discusses a detai 1 d�g � u 1 �t az su ecifical y the application of the subject ordinances, sp e last ublic hearing on this matter in Novembe �� �e� n or not the at th P question at the time, the issue was deferred as to ` , r ,� c h was adjustments to the code Were reflected in 1 �� �t ��o�o�ted in the adopted back in 1989. He stated ev� �h°a �ffect June 2004, the question latest codification of the code, w was whether or not those adjustments to the e was questi n he O was asked 390 bore upon the issue. He commented th to look into, which he has looked into� and h� ssuesa He stated t is his Village Manager last week dealing with thos legal view that, and it is consistent with fo�'�asori �aa�� onan� 390 is still the code, still the law, even th gh to him, the codification did not reflect Ordi s o� T flec ed m O dinance judgment it is sti l l t he law, s o t h e h e i g h t p r o v i 390 do pertain, and the scriveners error in the co�d� ad �� p,� �d was the adjustment downward of 50 feet, iinst�e d of J a mistake. He stated Ordinance 390 p Council Member Paterno indicated he di o noted Council rece� ed some Hawkins memo. Council Member Genc other notes, but they did not receive the mem�orandas e�� �o � e V llage Attorney's letter he a d• A tto rn e y H a w k m s n o t e Manager. He stated he thought it Was da but t at he would ck i and Manager Couzzo believed it was distnbute , see. Council Member Genco asked AttorneY o a November w� �e oldest of the three memos CouH ��ns it is his opinion that one that prevailed. Attorney Ordinance 390, adopted in 1989 is still the law. He indicated his memo was da.ted December 1, 2005, which explains in detail his opinion��. Mayor e noted Mr. Lewis's legal opinion is dated December 7, which Humpag came in yesterday. Council Member Ge o themas overwhelming o read a11 of the notes and memos and try t 5 Minutes - Village Council Regular Meeting 12/08/OS Page 6 Mayor Humpage stated he understands Ordinance 390 and has no problem with it. Council Member Genco felt Attorney Hawkins memo was a little. bit different from Mr. Lewis' opinion, and that it would have been very useful understand what the differences were. Mayor Humpage asked Attorney Hawkins if he would cite the differences in the two opinions. Attorney Hawkins stated he could not tell the exact differences in the opinions, but his view is Ordinance 390 was adopted in 1989, should have been codified in June 2004. He noted he could not explain why it was not codified, but there is no proof that the Village ever intended not to codify it, and there is no evidence the Village ever intended to repeal it, and without that showing you can not deem a provision repealed 3ust because for error it was not included in the codification. He indicated that was his legal view. Council Member Genco commented she was one of the Council Members at the time, along with Vice Mayor Watkins and Mayor Humpage and she distinctively remembers Stai� making changes when they recodified, and Ordinance 589 was adopted. Attorney Hawkins indicated technically Ordinance 390 does not appear in the current code book, it should be included, and the fact that it does not appear in the book does not mean it is not the law. Mayor Humpage asked Mr. Lewis where did he see the codification. Attorney Lewis mentioned the codification is the code that Council has, it � contains the language that is on Page 2 of his opinion. He mentioned Ordinance 589 is a short ordinance that codified the current code, and to the extent that they are not included they are repealed. He noted in this case if you look at the la.nguage he quoted, in fact the language in Ordinance 390 is included; until you get to the deep ended clause that says however, at the discretion of the Village Council building heights may be increased to maximum of 4 stories/50 feet. He sta.ted that is a law that he quated, a case law that says that you are entitled to read absurdities out of the law. He commented if you look at Section 78-143 of the Village code, the schedule of heights that has been adopted for C-2 is 70 feet/5 stories. He stated the first part of the language on his Page 2, accurately quotes what is.in Ordinance 390. �-Ie stated it says that the allowable height will be that allowable height in C-2. He felt the remainder of that sentence simply makes no sense. He noted if you are allowed 70 feet, you can not very well increase to 50 feet. He mentioned when you encounter a scriveners error and there is no evidence of any intent for this Council to have made the change, then you are entit�ed to read the correct language into the code. He mentioned that is what the courts have consistently done, and that is what he is asking this Council to do. Attorney.Lewis noted the item that he just spoke to appeared to be the lone remaining issue when they left the last meeting. He noted the applicant was here to ask for the PCD Special Exception. He sta.ted they know they will then have to come for a site plan review, if they are granted the Special Exception. He noted other then his opinion letter they did not submit any additional materials. 6 � ,, ,; Minutes - Village Council Regular Meeting 12/08/OS Page 7 Mayor Humpage stated it is the applicant's position there is no new information brought to Council other �an �e he ntent of Sta.ff and relative to Ordmance 390. Mr. Lewis stated rt was previous Council to adopt the verbatim language in Ordinance 390. Council Member Genco mentioned the current black b of code sections __ bible and when the Village recodified and all the numbers � were changed, and those numbers are no longer referenced in any of these � resolutions or ordinances, she felt there was an obvious deliberate attempt to changes things, she asked how to resolve that issue. Attorney Lewis stated there are two ways to look at the issue; to begin with when the Village was recodifying their ordinances in 2004, if some substantiate portion of Ordinance 390 was changed that should have been indicated on the face of the codification ordinance. Council Member Genco noted that was Mr. Lewis' apinion. Attorney Lewis mentioned thaT Ge ���e black letter law of statutory construction. Council Membe language as stated in Ordinance 589 regarding the recodification and repeal of ordinances. Attorney Lewis pointed out and referred the Armstrong vs. City of Edgewater case as stated ��1 P �°�e code Council Member Genco mentioned the absence of s g does not mean Council should delib�rately omit it, and that in her opinion it does mean that the Village deliberately omitted the ordinances. Attorney Lewis asked why would Council amend the code to include a phrase that makes no sense. Council Member Genco agreed there are inconsistencies in Chapter 78 the PCD versus the commercial code, however it also says if there are inconsistencies you are suppose to ignore the other parts, you just follow the rule that is stated in eT �g 255 states that the lding he ght _ Attorney Lewis pointed out Chapt will be the same building height as C-2. He mentioned if youschedule�70 schedule that was also adopted in the code it has a confirming feet/5 stories. Mayor Humpage indicated what the Council has be O�d'�ce 390 s opinion of two attorneys. He noted he understood that e su ested only relative to height. Attorney Lewis agreed. Mayor Humpag Sg moving off the height, and move forwazd with the rest of the presentation. Council Member Genco noted the height was an issue. She noted Council has to either approve it for 5 stories, or approve it for something else, or deny it. Attorney Hawkins mentioned the height that Council ultimately decides on is a matter of discretion, as he interprets the code. He s�� on; Council wants to go down, they have the discretion to take that po he stated it is not mandated. He noted in terms of what Mr. Lewis has said, they are in agreement, that Ordinan a�erno asked what the attorn y meant t he c u r r e n t c o d e. C o u n c i l M e m b e r P by discretion for height. 7 . /OS � Ivlinutes - Village Council Regular Meeting 12/08 , Page 8 on the � Attorne Hawkins indicated discretion means ��° 5 stor esl 0 fe tpor with Y height within the restr�ctions, which a11ow up ce 390, 6 stories/84 feet. He noted the codee ber Genco asked Ordman to specify the reasons to their objecton something that is not clear in the they make a decision this evening oin forwazd that the V illage has ' code would it establish a precedent with g g . Lewis explained in the position the Village is currently in to live wit1�• �' ro ect would be the only proJect with the zoning-in-proeess aetion thi� p� e zoning in process. He stated no one else Co 1�� nat under th and before anyone could come back be �sh. A o y Roselli agreed opportunity to make the code read as theY rocess of redrafting the with Attorney Lewis. She indicated she is in the p �, e of ' ance fixing this, and the new ordinance will ine 1�e�eth�o dgha the ordm � * Ordinance 390. Council Member Paterno az n t�e C-2/PCD, but nated app lic a n t w a s t h e o n l Y o ne before them reg g l e o f m o n t h s a g o so to that was why he voted against it the last time; a�uP for everydne. He rtunity to clarify, and make it easy �t of give Council the oPP� licant eould have waited until th� P° commented he wished the app clarification. r Watkins mentioned she expressed her thoughts at the last Vice Mayo meeting. . (Public Comments) r. Russell von Frank, resident of Dover R�o deand �1�p M Member commented these gentlemen we � pa �alk away, and the Village after everything is said and done they e �. He displayed a residents will have to live with the project 365 days a y and ag � project model as it would look in �no�°��ng in the communit3'• surrounding properties. He felt rt does Attorney Lewis indicated he understood Counci Or�lmbo cone t the concerns, and if it makes her more comfortable tem �all read, he would ordinance so that it read �e.ona Ordro � so that they could not bring this be willing to accept a conditi PP back to them, until the Village had � a leastall w�em to g�� � Ordinance 390 read. He noted that would asti pl�ing the site plan process. He felt the �� d that the 50-footeheight was an Director almost in every case co more. He explained error that was made in the codification and nothi e�� they have operated since he has been doing this, v�'luch is going on a y der the direction from Staff that the allowaa� � uldhave to ome to � building th stories, and if they wanted a 6 story Co uncil for a special exception for that as well. Hecommended his cl en on the Staff direction. He noted as well that e comply to the letter with the Village code. 8 ` '! Minutes - Village Council Regular Meeting 12/08(OS '' Page 9 hcant has yet to inform Council Member Paterno e cnal �ses will be, the square footage, what Council af what the comm kind of business. He noted by code that is required, and asked Mr. Lewis if he was prepared this evening to do that. Mr. Lewis sta.ted Mr. Genrile at the last meeting identified in a11 likelihood th i ps ncio e to be a Planned spa. Counci l Me m b e r P a t e r n o p o i n t e d o u t t h i s p p , Commercial Development (PCD) so Council needs more information in , reference to what businesses would be set up, �d � stated at doing. Mr. George Gentile, Gentile Holloway and O Y the last meeting they indicated they have a potential use for a portion of the space. He explained they would be providing space in there, possibly a spa, a facility the public could use and utilize, and if necessary any of allowable commercial uses in the District as l�sted in the code book. Council Member Paterno noted under Section 78-368b a petitioner seeking a special exception approval shall submit a development concept � plan in the 24x36 and to scale. He felt the applicant had not done this. Mr. Lewis stated the applicant did, and if he remembers C 1 M mber the evening t he las t t i m e t h e y w e r e b e f o r e C o u n Paterno noted the applicant was to estimate the number of employees, seating, users, members, etc. He indicated he does not remember getting any detailed information. Mr. Lewis felt Council Member Paterno was addressing the site plan, and that would be later. Council Member Paterno felt Council needed to know now to do a conceptual to understand what the applicant was going to do. Mayor Humpage noted they have 3,900 squaxe feet in the fitness center, and 7,500 in total square foota.ge. Mr. Gentile agreed and noted that was on two floors, and untii they lease the space they do not know the use at this time. He stated the applicant did give all the right sizes in the plans, and all the pages. He indicated the Village staff requested that the larger scale drawings be reduced to l 1x17 so Council did not have to carry around the larger, bulkier plans. He stated they also supplied aerials, which are not normally submitted at this sta.ge of the process for their review. Attorney Lewis noted if Council was to read everything in the mandatory fashion, the simple practical answer would be that they do not know how many employees there will be, and that Council is able to waive that requirement. He noted they have tried to address everything the Council has asked. Council Member Genco noted Section 78-358 what was required for a conceptual review, and that is what Council is doing at this point. Council Member Paterno stated he was addressing Section 78-368 (b). Attorney Lewis sta.ted if they needed a number for a spa it would be approximately 16 employees, according to Mr. Gentile. 9 � Nlinutes - Village Council Regular Meeting 12/08/05 ,� Page 10 Council Member Genco suggested a couple of ideas. She felt part of the process in the conceptual review is to take a.nd integrate this building into our society, which means the environment, the structure he economic needs of our communitY• She sta.ted one o p sees with this project conceptuallY is in part that integration. She noted the project is taking this proPert�' from a high-density commercial area to a residential azea. She suggested if there was a way o f��at wou d S be to a little more where it would flow and be moreWO ld be looking for and her more in fitting with what the communitY - help preserve some of the commercial use Council wo and� S ant�e fron along U.S. One. She mentioned she looks at the building ou can section where it could be split in half ri ffeTe ��d o f p ds.� She asked if a lso sp li t t h e b u i l d i n g i n t o f i v e o r s ix d there were six parapets• Mr• Oliver responded in the aff'u�native. S he fe l t the amount of commercial space t hey have pro p osed takest t p e�� f o� them, from what s he can see. S h e s u g g e s t e d h a v m g a t l e a s 1 the building, on the ground floor, be commercial, where at least from U.S. �} One that would appear to be a commercial use that would work very nicely as a spa, or a doctor's off'ice, etc. Mayor Humpage noted Council was to decid ntioned it was a con ep use this evening. Council Member Genco me review and one of the processes for the conceptual review is to give the a licant input. Attorney Lewis noted he has �en Ce was not sureif pp , ro ect. He mdicated h Genco s comments as input for the p j the suggestions would work, but they would take those comments with them and between now and site plan, see what they could do with it. Council Member Genco commented that would ld need Pa see if that of commercial area. She mentioned they wou suggestion would be economically feasible. She f Sh ��e ed he was better with the profile and fitting in the community also very troubled by the height differences between the four and the five stories, however, the way the building�s�u �d i�ey were t stagger the where they could have a number of pen height. She suggested the height co tories on the next pod, and er�efore stones on the second pod, and five s when on U.S. One it would probably look really beautiful. She felt they would be able to have more density by staggering or elevating the building that way. She pointed out that would probab�ly int �' � a amount�of area. She explained she understood this pr pert3' money, and one thing that she would hate to see happen, which could be a potential is for someone to go bankrupt, and then the Village ends up with a vacant lot. 5he stated at the S� ld 1 ke to see the developer makea community get some benefit, and wou workable project. 10 � i Minutes - Village Council Regular Meeting 12/08/05 ; Page 11 Vice Mayor Watkins asked the applicants if there was aof Council was the minds, because one of the issues troubling the ma�onty amount of commercial space; she asked if there was a way to satisfy the problem by doing some additional amount of commtenc�lri �� rently. Gentile sta.ted there is always a possibility of looku�g � He indicated when this project came into the Vil lain� �ro osed wluch involved at the time, there was a much higher btu g p P provided the ability on grade to put a freestanding commercial building in front on U.S. One. He noted that would allow for a greater amount of � commercial space. He mentioned the applicants took the plan and did a � number of things: 1) they heazd Council, and the Planning Commission � and they came down in height substantially, in fact below S°,70 feet; � discretion and came to what the code allowed which was 5 sto 3 took the 2) they came down in density when they reconfigured �e � as�cts on use and sprea d rt ou t m o r e, an d b r o u g h t i n t h e e n v u the site, which left a huge preserve area. He commented they could have mitigated it like the Casa Del Sol did to the north. Mr. Gentile noted they would take Council's comments and look at in the site planning process. He mentione�d�d be to�the othe� a pects that hey overall and see what the impacts w are trying to preserve on the site. Council Member Paterno stated if they approve this and the applicant does not incorporate Council's comments, Council would be stuck with this p c�� a tha��t all ws for PCD's� but differently, he sees this as a comm the thing is it is suppose to be oriented to commercial for the community• when they bought it knew it He mentioned whoever bought the property, a chance coming to Council was commercial, they knew they were taking He felt the and trying to push something else on the communitS'• developers knew that coming in, and that they could have come in with something more evenly mixed, and ha.d an easier time, but he felt they were pushing the limit. He stated realistically this is to be a commercial oriented project, and all they have been talking about it residential. He felt it does not meet the criteria. Mayor Humpage commented when Council votes ested while comments at that time. Village Manager Couzzo sugg is considering the applicants request for a Special Exception that if they are going to allow this to go forward, he reviewed with the attorney roval, he felt it would be prudent to have specific conditions upon any app if not the ability for them to control the destiny of site would be jeopardized. Council Member Genco noted there were basically three choices: 1) conceptually approve the design that is before Council; 2) decide that there will be modifications to it; or 3) deny it. Attorney Hawkins agreed with Council Member Genco noting Council could pass it with conditions, but he would want the conditions to be very specific. 11 � � Minutes - Village Council Regular Meeting 12/08/OS ,; . 'a Page 12 Attorne Hawkins mentioned it is important that Coune i�e oned he d d y licant. Mayor Humpag everyone, particularly phe apP ro ect eould look one way or not want to get into s ecifics of how the p j another. - ncil Member Paterno moved to deny the Special Excep�t�o�a��q MpTIpN: Cou e motion to deny passed 3-1, with Vice May seconded by Mayor Humpag , opposition to the motion. Ma or HumpaSe indicated the reason that he votn n� w�bem use g he Y to the November 17�' Council Meeting, an sen ed in evidence by the � reviewed all the information anti facts p and ��ng Board Atiantis representatives and Staff, a1s° the Pl�ng comments, and the conceptual plans submitted. He stated his decision this evemng was based on Section 78-362, criteria item #4, �d Section 78- 363, findings required Items 10 and 11. He men�a e be W�Ve�� �d 366(b) t1ie time limits of this subsection �a) y roves of ha.�S an sa s that if a majoriry of the Council app hcants can come ` subsection (b) Y ' additional presentation that within � 1 ke to eave tha open to the back to Council. He stated he would a licant, and take a look at the criteria he specifically mentioned. Pp Council Member Genco felt the Mayor's comm�e s ri�e �e oted on into the record before Council voted, because y HaW something that does not incorporate those comments. Attorney suggested all the reasons behind the motio ecord. d that there should be a new motion sta.ted so that it is clear for the ON: Council Member Paterno moveri to deny oes r�o�emeet the of the MO__ TI-- based on Section 78-363, Items 1 D and I1, and that it PCD. Council Member Genco felt the originallmoaioe d t e first mot on taken off, or substituted. Attorney Hawk �' to be withdrawn. TION: Council Member Paterno moved to withdraw his ariginal motion; M�-- seconded by Mayor Humpage. uwkins clarified for the record the motion to withd io needed a vote, and Attorney H asked Council to vote on the motion to withdraw the oragtnal m Motion passed 4-0 to withdraw the original motion. 12 � Minutes - Village Council Regular Meeting 12/08/OS Page 13 MOTI_pN: Council Member Paterno moved to de� �Oe e�p me lt �he e � iteria of the based on Section 78-363, Items 10 and 11, and tha PCD; seconded by Mayor Humpage. � Village Clerk Carlisle pointed out the motion would also need to � incorporate Mayor Humpage's comments regardncernetoothegmovement 4. Attorney Hawkins stated everything of co needed to be included in these findings. a e what art of Item 4 was Council Member Paterno asked Mayor Hump g P he referencing. MOTION: Council Member Paterno restated his motion to deny the Special Exception request based on Section 78-362 Item 4, Section 78-363 Items 10 and 11, and that it does nat conform to the definition af the PCD; seconded by Mayor Humpage. Attorney Lewis mentioned he took the comments regarding the waiver kindly; he asked Couneil to reconsider. Mayor Humpage suggested finishing the motion. Motion failed 2-2. The motion to derry failed. Council Member Genco suggested ta.bling this item. Attorney Lewis noted he was starting to ask Council (one person on the prevailing side) to consider the denial, and leave it pending for the moment, and postpone the item until the ordinance could be corrected. Council Member Genco indicated that would be useful, although- it brings Council back to the conceptual approval. She sta�ted n�o n�ae �ea�phey�cou d com back to what Council would hke t Council with a conceptual drawing of what would be closer to what they envision. Council Member Genca noted Council could table this item again, or deny it and have the applicant hring it back again. MOTION: Vice Mayor Watkins moved to accept the conceptual review this evening for the Special Exception with the condition that the applicant bring Council back a new concept including some additional commercial space, and possibly a different design of the building to incorporate Council Member Genco's comments regarding the stepping of the building. Attorney Hawkins clarified if the motion was to gant the Special Exception based on the conceptual plan that had been presented, with the conditions as stated in her motion. Vice Mayor Watkins agreed. Motion failed for a lack of a second. 13 Minutes - Village Council Regular Meeting 12/08/OS Page 14 Council Member Paterno commented he understood where Council was going with this. He suggested he would make a motion to deny, and he was willing, if the applicants were willing to make the changes that would be made and come back with the conceptual, it would be three months by the time they are done. He stated the applicants know where Council is headed, and hopefully everything v�ill go a lot smoother for everyone. Attorney Lewis stated that puts him in the position of the lawyer again. He noted Attorney Hawkins would tell them that it is his opinion that his client has the right to rely upon the code as the code is now. He commented if the applicant willing waives that right, that would be � enormous. He stated he did not know what the Village would do with the code in three months. MOTION: Council Member Genco moved to tabde the item. Attorney Hawkins asked how long does Council plan to table the item. Gouncil Member Genco mentioned it could be tabled until they could bring a revised conceptual to Council. Attorney Roselli felt that what Council was saying was: this section that requires a11 this information on the conceptual plan has not been provided, exact number of employees, they are estimating. The commercial hours of operation, what types of commercial uses, how many people patronize the commercial use, because . that will affect how much parking will be needed. She sta.ted if it is a restaurant, or a nail salon, etc, they would t�eyddo not have explained what she is hearing Council say, information presented in their conceptual plans to evaluate what the commercial uses are, and some of the other stuff, and that maybe they need to supplement or amend their conceptual plan so that they thoroughly � address the criteria in the code, that should have been addressed. Council Member Genco commented that li o ed th se are a11 cond ti n� under Section 78-368 (b). Attorney Rose� that precede a Special Exception. She explained if it is a PCD Council needs to know what the PCD is. Mayor Humpage agreed, but indicated he still relies on Section 78-366 (b). He read for the record: "'The time limits of subsection (a) of the section may be waived by three affirmative votes of the Village Council when such action is deemed necessary to prevent injustice or to facilita.te the proper development for this Village". Attorney Lewis mentioned at this point he does not have a denial. He no te d o f t he o p t i o n s presented to him, he would prefer Council Member Genco's, if Council were going to do something. He suggested tabling the item for the moment. He indicated he understood very clearly what the basic concerns were on the conceptual plan, and his advise to }us clients and to their professionals, would be to address those issues and come back to Council. 14 :i ; , Minutes - Village Council Regular Meeting l2/48/OS =; Page 15 MOTI ON: Motion seconded by Mayor Humpage to a future date. C'H��n� no�ed Paterno asked how long was this item going to be tabled. Attorney typically there is no discussion on a motion to table an item. Motion passed 4-0 to table this item to a future date. 3, C4NTINUED TO THE JANUARY 2006 REGIIL C4UNp IL MEETING -Quasi-judicial Public Hearing for r "Members Only" Club, located at 1 Main Street Building 3` Floor. Swearing-In of Witnesses Disclosure of ex parte communications Testimony: a � StOff comments b) Applicants comments �) Village Council questzons d) Public comments e) Final comments by the applicant � Village Council comments � Motion to approve/disapprove the Special Exception Use to allow a"Members On�y" Club on the 3 floor of the I Main Street Building. VI. STANDING REpORTS VILLAGE ATTORNEY - None VILLAGE MANAGER - None VII. CONSENT AGENDA Ald items listed under ConsentAgenda are con �i d cus�on�of these item� by one motion. There will be no separate Village Council Member so requests, in whs normal sequence on the Agenda. from the Consent Agenda and considered in tt Council Member Genco removed Items 15, 16 and 18 from the Consent Agenda. Council Member Paterno remaved Items 14, and 17 from the Consent Agenda. MOTION: Council Member Genco moved to approve the Consent Agenda, as amended; secanded by Vice Mayor Watkins; motion passed 4-0. Therefore the following items were approved on the Consent Agenda. 4, Village Council Special Meeting Minutes October 31, 2005. 5, General Employees Pension Board of Trustees Quarterly Regular Meeting Minutes August 15, 2005. 15 � Minutes - Villag e Council Regular Meeting 12/08/OS <� Page 16 plannin and Zoning Advisory Board Meeting Minutes October 6, 2005. 6. � ?. Public Safety Officers Pension Board of Trustees Quarterly Regular Meeting Minutes August 1 l, 2005. 8. General Employees Pension Board of Trustees 5pecial Meeting Minutes September 19, 2005. 9. General Employees Pension Board of Trustees Special Meeting Minutes Septernber 27, 2405. 10. Special Master Meeting Minutes September 22, Z005. 11. Board of Adjustment Meeting Minutes November 15, 2004. 12, Board of Adjustment Meeting Minutes JanuarY 4, 2005. RESOLUTION 33-05/06 — A Resolution of the Villag nCA ropri t d 13. Flonda, Reduc g PP Village of Tequesta, Palm Beach County> Fund Balance and Decreasing Budgeted 24 0� �d Wat r F d #001 $30,925; Capital Projects Fund #303 $ � #401 $9,925. END OF CON5ENT AGENDA � ITEMS gE1VipVED FROM CONSENT AGENDA TO REGULA� AGENDA 14. a) RESOLUTION 34-05/06 - A Resoluto� o� �l �a�g � f �d Village of Tequesta, Palm Beach C ty increasing the 2005/2006 Water Utility F� and Inc g Reven us and By Appropriating Additional Fund Balan Expenditures to Fund the Construction of Well #4 and Associated Pipelme as Follows: . Revenues: $ 484,000 Grant SFWMD #401-040-33 �� 1_ b�ppp Appropriate Fund Balance �1,Z,00 Expenditures: $ 757,500 Well Construction #401-414-6 $ 92,500 Well Engineering #401-414-663. $ 3�7,500 Const-Pipeline We114 #401-414-662.641 �pp Eng. Pipeline #4QI-414-66 �1 O.QOQ RESOLUTION 35-05l06 — A Resolution of the Vi1lag Cho c�gf �e b) Flonda, Village of Tequesta, Palm Beach County, Execution of Work Authorizations in the amount of $115,000.00 to 16 Minutes - Village Council Regular Meeting 12/08/OS Page 17 Arcadis, Reese, Macon $ Associates for the Capital Projects Accounts #401-414 663.642 and the #401-414 665.640 for RO Well 4 and the Associated Pipeline and Authorizing the Village Manager to Execute the Applicable Work Authorizations on Behalf of the Village. Council Member Paterno removed this item and asked Staff possibly to entertain the idea at some future date to put out bids, and incorporate the engineering into the project versus having the engineer prepare the documents and having it built. He pointed out if accepting the bids with the engineering included, if the Staff does not like them, they do not have to take them. He felt it could possibly save the Village some money. He sta.ted it is just another way of looking at it. He mentioned he understood both ways of doing it, but just wanted to throw it out on the table. He noted he was not against this item, but that sometimes the Village could take another approach. Mayor Humpage commented he would agree, but asked how would a job be bid without the engineering. Council Member Paterno mentioned a lot of companies say what the project is and tell the construction companies that are going to bid on it and to incorporate their engineering into the price. He commented they will come up with the criteria that they believe is going to work. He commented it happens all the time. Council Member Genco explained when Reese Macon designed the Water Plant, they did a design that included all the trains and all four wells, and now the Village is paying them again to resubmit and to monitor it. She felt that did not make much sense. Mayor Humpage noted none of that is in this project, and they were directed to do that by a previous Council to have the provision made to design the Plant in that fashion. Council Member Genco noted it was designed that way already. Council Member Paterno pointed out he was not stating that for this item, he was talking about the engineering so that it could be brought to everyone's attention. He stressed sometimes there is money to be potentially saved, because the design is already there in the future of the Plant. Village Manager Couzzo mentioned there is a design-build concept, and the Village could go out and advertise for design-build contractors. He indicated what they do is to take a look at the whole project, and they will give a scope and provide all the services in a package. He stated that is a " possibility. Village Clerk Cazlisle read for the record the title of Resolution 34-OS/06. MOTION: Council Member Genco moved to apprave Item 14a, Resolution 34-OS/06; seco nded by Council Member Paterno; motion passed 4-0. 17 Minutes - Village Council Regular Meeting 12/08/OS Page 18 Village Clerk Carlisle read for the record the title of Resolution 35-OS/06. MOTION Council Member Genco moved to approve Item 14b, Resolution 35-OS/06; seconded by Vice Mcryor Watkins; motiotz passed 4-0. r 15. RESOLUTION 36-05/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the Execution of an Aitached Exhibit "A", Engineering Services Work Authorization, in the amount of $26,000.00 to Arcadis, RMA, Budgeted in Stormwater Utility Fund #403, Account # 403-320-662.632, Architect & Engineering, Other, with a 2005/2006 Budget f�$30, 00�0 � wo Authorizing the V illage Manager to Execute t pp Authorization on Behalf of the Village. MOTION Council Member Genco moved to approve Resolution 36-OSI06; seconded by Vice Mayor Watkins. Council Member Genco mentioned she saw e he e d be�any final South Cypress Drive project, but asked wheth plans. She asked if this was going to be a one-phase project. Village Manager Couzzo indicated it would�b 1 a�w ng� of full-blown Council had seen some concep drawings to keep the cost down. He explained it would be the center median concept, and the stormwater drainage improvements to South CypTess. Council Member Genco questioned whether this would complete the Village's South Cypress Drive stormwater and landscaping improvements. Village Manager Couzzo responded in the �rmative. He mentioned this was an arrangement the Village had with the property owners on South Cypress where they participated to fill Ordinance 377 requirements. Mayor Humpage commented the Village had some issues with. Ordinance 377, and the o had a couple of ineet ngs to work indicated Staff and the property the issue through, and now the Village needs to get an engineer to get the project moving forward• Attorney Hawkins read for the record the title of Resolution 36-OS/06. Motion passed 4-0. 16. RESOLUTION 37-OS/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending and Increasing the Water Utility Fund #401 Annual Budget by Increasing TZevenues in Account $401-000-363.1 in the Amount Received from Martin County from Tropic Vista Residents and Increasing Debt Service Payments in Aecounts #401-700-571.745 Principal — 2004 B.O.A. Notes Payable and #401-700-581.705 Interest — 2004 B.O.A. Notes Payable. 18 � � �� Minutes - Village Council Regular Meeting 12/08/OS ; Page 19 � Attorney Hawkins read for the record the title of Resolution 37-OSi06. MO_ T�N: Cou ncil Member Genco moved to approve Resolution 37-05106; seconded by Vice Mayor Watkins. Council Member Genco noted the reason she pulled nhi on his and how t Council had talked about the concept of thsrie askedf or the status of the would be paid back from Martin County. payments, and , if it was the amount of �e t d it was more money than JoAnn Forsythe, Director of F�nance co was expected because more people reside there. Motion passed 4-0. eement between Florida 1 �, Council appr+�va1 of the Real Estate Lease Agr East Coast Railway (FEC) and the Village of Tequesta. for the ;_ beautification and walkpath along �ld Dixie Highv+�ay � resenta.tion at the beginning of Council Member Paterno pointed out the p to ether in the meeting on the bike paths and parks, and tying everything g Tequesta. He noted he was glad to see that FEC signe er Robert Garlo . questioned the term of the lease. Assistan�c i 1� � anPaterno asked if it confirmed the lease was for 50 years. would be $2500 per year for 50 years. Council Member Genco explained it had a 5% escalation after 50 years. Cous i�M t��ager o noted he escalation would start after 50 years. A could not answer that question at this time•ra e for the termrimmediat ly from Page 2, paragraph 2`that the rental preceding the renewal term"• She note �a h s henotic d�in the docwnen years. She commented the other thmg was after the 50-year term the lease �e amended. She omment d after month penod. She asked if that could e �, She 50 years she would hate to have to renew this lease every y suggested adding language that if all parties agree then the Village can renew for another 54 years. Assistan to o back o FEC, and then bring it could be arriended but he would have g back to Council. Council Member Paterno indicated from his u a� b dhang d to ad u ess year to get this lease; he suggested if rt neede the issue after the 50 years. Village M o� H� ° g agre S suggested an amendment to the agreement. May P first lock in the agreement, then amend the �o i d prov de for an Council agreed• Attorney Hawkms clanfie annual escalation of rent, he felt it was $2500 per year for 54 years. 19 � Minutes - Village Council Regulax Meetin� 12/08/OS Page 20 il Member Genco stated after the 50 years it goes up 5%. Council Counc rove the lease for 50 yeazs, and Member Paterno suggested Council app then amend the lease, so that the Village could lock it in. t Mana er Gazlo felt now that the lease has been �tt� d ou�the Assistan � be easier to change in thWO � e ect f nce or barrier She asked if that lease stated: "the Leasee would be a permanent structure, or if it would be something during con struction. She noted it was on Page 10, under #17, S�c ed with 30 Manager Co�O i cussed theefence/buarriereand felt i would need to be days". Council d anent to keep the public away from the tracks. Council Member perm co commented that would be an additional expense that Council did Gen not anticipate. Council Member Genco also pointed out the indemnicif ch nsuranc�e. She that the lease requires the Village carry some very sp asked if that would carry an additional cost to the Village. Village Manager Couzzo indicated he had spoke � M�'eD a�eu C le�ase Manager for the Village, and the Village insurance. He noted he did not know the ex�et� d Co�c am Member G nco was reasonable and what Staff had anticipa asked if the Village had the specific limi itional l costs Village e Manager . Village would not have to incur any add er Garlo Couzzo sta.ted that was �S in wean��He no ed th e�s�an� coverage indicated he would verify the was for the railroad crossing at Tequesta Drive, but he would determine whether the existing insurance would satisfy these requirements. Council Member Genco noted when she read this docuxnent it appe�ed that the Village would not be able to place anytlung more than 2 feet high. She pointed out the existing shrubbery, the Florida Holly and scrub oak, were probably 15 feet high or more. She stated 2 feet high would be nothing• Assistant ManaSer Gazlo indicated the lease was forwarded to iven to Mr. Gary Preston, Director of ]egal counsel, and then it was g oin to forward the Public Wor1�s to oversee the project. He noted he was g rovisions would lease to the landscape architect to see Co�cil p Member Genco accommodate the proposed landscaping. commented the conceptual design that the Villa ae e ndhca d the ower and moderate height shrubbery. Mayor Hump g heights were only on the FEC property. Vice Mayor Watkins commented what she understood was it could not obstruct a uld onl be in t e first 25 Council Member Genco commented then it �'o closer to the txacks, feet. Mayor HumpaSe agreed, and clarified o�Y t of-wa because the Village owns the Old Dixie Highway rigli - Y• 20 ; Minutes - Village Council Regular Meeting 12/08/OS Page 21 Council Member Genco pointed out the Village would need to use ground covers on the side closest to the tracks. Village Manager Couzzo explained Ms. Roy-Fisher, Landscape Architect for the Village designed it that way. ; MOTION Council Member Genco moved to approve the Real Estate Lease Agreement between Florida East Coast (FEC) Raidway and the Village of Tequesta for beautification and walkpath along Old Di.zie Highway for a term of 50 years; seconded by Vice Mayor Watkins; motion passed 4-0. 18. Council acceptance of the Fiscal Year End Budget Adjustments 2004/2005. Council Member Genco commented one of the things the Village was doing was transferring $1,96Q in public donations for the Hurricane Katrina relief fund. She wanted to acknowledge the contributors: Alfred and Mary VVilshire, Ms. Eunice D. Yaffa, Magdalena and Michael Martin, Ms. Carol A. Fuchs, Susan and William Rezende, Pat and William Watkins, Ms. JoAnn Forsythe, Mr. Charles Adelseck and Mr. Tom Paterno. Council Member Genco pointed out the transfers of monies which were appazently not intended or not going to be allocated towards Health and Life Insurance. She proposed from this day forward that the budget for Life and Health insurance, no longer be part of the budget for individual deparhnents, that it be part of the Personnel budget. She explained it would be a mathematical quote from the insurance campanies based on the number of employees, and felt the individual departments should not have control or knowledge of the life or health costs or issues are. She � suggested moving the monies into Personnel. Mayor Humpage asked if she wanted to keep it on the administrative end, instead of each department. Council Member Genco agreed. Village Manager Couzza noted it could go into Personnel or in Other General Government. He indicated Council would see a decrease in the department budgets next year, because that line item would be eliminated. Cou.ncil Member Genco noted it should not be in their budget, because it is a cost to do business, not a cost to their department. Village Manager Couzzo agreed it was an excellent suggestion. He noted there were more items Staff was looking to consolidate that were not necessarily the responsibility of a department that should be in Other Government. He felt it would be less line items, less confusion, a.nd less man hours to do them. Consensus of Council agreed. Council Member Paterno asked if there was a reason it was done that way. Village Manager Couzzo noted it was done that way to give Council more accountability to that particulaz deparhnent. He indicated he would show that to Council in the General Fund, and break it out by department. 21 ; � Minutes - Village Council Regular Meeting 12/08/OS Page 22 Council Member Genco agreed the departments have no control over the amaunt. Village Manager Couzzo agreed the Finance Department budgets � those monies for the departments, the same as Social Security, Worker's � Comp, etc. Ms. JoAnn Forsythe, Director of Finance noted the departments do not do the calculations; the finance department does it for them, and it is allocated by function for accounting and reporting purposes. ' � Council Member Paterno referenced the $67,684 transfer in the Utility services. He noted _ as he understands it is for FPL, because the electricity use has gone so high in the last year. He commented the line item is under budgeted a# the Water Plant in reference to the electrical supply; he suggested Council consider instructing Staff to make an adjuslment to straighten it out, so at the end of the yeaz the Village is not caught short. Village Manager Couzzo indicated Staf� was going to review it next month, after the first quarter of the budget year, and then be able to project. He noted there would be other items such as gasoline, and fuel adjustment costs, etc. Mayor Humpage nated there would be an increase January 1, 2006 in fuel. Village Manager Couzzo indicated Staff is going to try and track those better. Council Member Paterno asked if the Finance Director had the end yeaz numbers. Village Manager Couzzo clarifzed what Council Member Paterno was referring ta was an analysis of the budget, expenditures and revenues for last year. He noted it was a picture of how well the Village did; did they exceed, did they go over, or did the Village go under. Ms. � Forsythe reported this was for the General Fund• She commented it appeared the excess revenues (actual operating revenues) over expenditures were going to be over $1.4 million. She noted she went back and found out the major changes in revenues were: General property taxes went up, and the change there, budget to actual, was approximately $80,000; public service taxes, $75,000; investment earnings, $147,000; intergovernmental (other sales taxes, etc), $72,000; JMZ Tequesta properties, $55,000; FEMA, $476,000; Licenses and Permits, $188,000; Police revenue, $20,000; and EMS revenues, $16,000. She pointed out the reasons the expenditures were so low was because every single department came in under budget: uillage Manager, 14%; Council, 4.7%; Human Resources, 4%; Village Clerk, 11%; Finance, 6%; Legal 1.7%; Planning, 5%; Other General Government, 10%; Police, 4.7%; Building and Zoning, .7%; Code Compliance, 3.8%; and Fire, 5% or $101,000. She mentioned Public Works caxne in at 6.5% below; Parks, 18%, and Recreation 12% below. Vice Mayor Watkins thanked Ms. Forsythe for taking the time to do the analysis. Mayor Humpage congratulated all the entire Staff. Council Member Paterno wanted everyone to know all the good things going on, because sometimes people only hear the bad side. He stated he wanted to emphasize the positive things going on in the community 22 � l ,, Minutes - Village Council Regular Meeting 12/08/OS Page 23 OTION Yice Mayor Watkins moved to approve the Fiscal Year End Budget. M Adjustments 2004/2005; seconded by Council Member Paterno; motion passed 4-0. VIII. COMMUNICATIONS FROM CITIZENS Ms. Bridget Foreman, resident for 13 years, and residing on Seabrook Road mentioned about 4 or 5 months ago the Vill someone to turn ft go back t° America. She noted the sign does not allow Tequesta Drive. She asked that the sign be removed so the public de o� tC �c 1 make a u-turn on U.S. Highway One, because it is very �g attern to exit : Member Genco noted the idea of the sign was to move the ttaffic P ' onto Bridge Road. Village Manager Couzzo noted the intent was to exit at the k back of the bank, and go to Bridge Road and then go Main Street to Tequesta f Drive. Ms. Foreman noted then someone has to go through the CV S parkin8 lot. She commented a lot of people in the community do not see the sign, and the fine is $250 and four points off your license. She cautioned that a loi ft�1 Village be getting tickets, because they are still making the �llegal Matiager Couzzo commented Staff would be happy to �e ���er look at signage. Council Member Genco_ suggested putting exit signs with directional arrows to U. S. One and Old Dixie Highway. _ Ms. Betty Nagy, resident of Shay Place mentioned up�pnl l�d not being willing friends had discussed with Hattie Siegel that she was S� to admit that she did not do what the Villa osed o be advertised 'in th paper, and Village decided to sell the lien, it was supp then sold at the courthouse, instead the V arch 1 S 20Q5 V'illage Co 1 Meeting without letting the two gentlemen at the M ' ghe noted the men had even ha�e any say, or anyone else to bid on this property. offered the Village more money that nighbe h would have had some compass may not have been so greedy, or may towards an elderly woman. She stressed now she does not have any money to pay her taxes, because Silver Fidelity took wha De osit�She ind ca ed he hopes Ms. the insurance policy, and a Certificate of p Siegel's lawyer can straighten out the mess, because they felt w�en� e Vi�ll�ag � it was ust erta.ining to her Florida ro rty, put the lien on the property, J p did not include the bank accounts. Shee ls the hou e, S le r FidelgTy wral g�e move out of her house, because if she s money. She commented she hopes something can be straighten out. IX. COMMUNICATIONS FROM CUUNCIL VICE MAYOR WATKINS _ International City Managers Award — She mentioned Village Manager Couzzo had received the International She fe t rs C uzzo sho d be for more than 20 years of service. recognized for it, and congratulated him. 23 � Minutes - Village Council Regular Meeting 12/08/OS :� � Page 24 _ Tequesta Drive Bridge Workshop — She suggested Council do a workshop, and take a good look at the bridge, get a11 the information on the true condition of the bridge, and what the Village's options would be on getting it fixed. She indicated she would like to have public input, if the Village gets to the point where it needs major redesign• 1 ke o do it ght the Village has to address any serious issues she would the first time. _ Wished everyone a Happy Holiday, and the best for the coming New Year. COUNCIL MEMBER PATERNO �5��' and Happy Holidays. He thanked the = _ Wished everyone a Merry residents for the opportunitY over the past year to serve, and stressed he wanted to try and do an even better job this year. I COUNCIL MEMBER GENCO _ Tequesta Drive Bridge Workshop — She agreed with Vice Mayor Watkins on the Bridge issue, and commented she understood the Village was going to be having a lo�.d test done sometime in January, and they were going to tr� rushing getting the report to Council. She fe1 She noted mce Coun�il report by the end of January, the first of February• will be elected in March, maybe look at the calendar for sometime in April. She felt they may want to wait until the new Council is seated, because it is a really important issue. _ Hattie Siegel Case — She mentioned she had read all the articles in the paper about Ms. Siegel, and one of the things addressed appazently by her attorney was an issue on the judgment, which Council sold to Silver Fidelity. She commented it appears to her that it is something that Council needs to take a look at. She noted she did not know if that is in anticipation of a potential lawsuit, or if it is just a workshop. She mentioned she also does not know if there aze some issues that might be addressed when Council was to discuss the issue on the judgment that may also be useful. She indicated it was h�fe�e g e f he on t he a tt o rn e y t h a t M s. S i e g e l h i r e d, t hat t he t r ying to find that the Village was wrong in selling that judgment, Village will probably end up being involved in a lawsuit wi t h Silver Fidelity. She noted she does not know what kind of advise the Village attorney could give on the situation, nor does she know if any of the outcome of that might be something that Council could address, which might be beneficial somehow to Ms. Siegel. Mayor Humpage commented at this time he would reserve any comment on the issue, because he felt it wa,s unwise to do at this time. _ Wished everyone a Merry Christmas. 24 Minutes - Village Council Regular Meeting 12/08/OS Page 25 MAYOR HUMPAGE - Commented he would wish everyone a Happy Holiday at the end of the meeting. X. NEW BUSINES5 19. RESOLiTTION 32-OS/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Calling a General Municipal Election to be Held Tuesday, March 14, 2006, and if Necessary the Municipal Run Off Election to be Held Tuesday, March 28, 2006, for the Purpose of Electing Council Seats 1,3 and 5; Designating Polling Locations, Election Officials and Inspectors of Election; Establishing Election Procedures; Providing an Effective Date. Attorney Hawkins read for the record the title of Resolution 32-05106. MOTION: Vice Mayor Watkins moved to approve Resolution 32-OS/06; seconded by C'ouncil Member Paterno; motion passed 4-0. 20. Consideration and possible action by the Village Council regazding allocation of funds for charitable and non-profit organizatians, with funds being derived from account # 001-100-582.800 Councii's Aid to Organizations, with a 2005/2006 budget allocation of $11,000.00. Mayor Humpage noted in Council's backup materials last years list of contributions were included. He mentioned each year it seems there are more requests for assistance. Council Member Genco asked what happened to the $30,000 that Council Member von Frank had asked to be allocated from the telecommunication revenues. Vice Mayor Watkins noted she did not remember that. Village Manager Couzzo mentioned that was discussed by Council, and Council thought it was a good idea, but there was never a formal action taken to move the monies. Council Member Genco remembered agreeing to increase the contribution amount, but acknowledged there was never a formal action taken. She felt the concept was every year the Village wouid be receiving the money, and they would set it aside for donations/contributions. Village Manager Couzzo explained the way the telecommunication lease was structured the Village received the first five years of funds in advance. He mentioned the Finance Department allocates. the money on a year-by-year basis, and shows the revenue. He indicated the Village does have the money. Council Member Genco mentioned when the Village sold additional space they were able to add more carriers. She felt Council had discussed this item when the Village received the additional monies. Mayor Humpage suggested a motion to increase the contribution amount from $11,000.00 to $41,000 to add the $30,000 as previously discussed. 25 a ,� � � ! Minutes - Village Council Regular Meeting 12I08/OS = Page 26 Council Member Genco suggested a total °£ ointed 4 out an donations/contributions. Village Manage =o �a ed�from fund balance. additional $29,000 would need to be apP P Mayor Humpage suggested approving the appropriation this evening and have Sta.ff brinS this item back in January. Vice Mayor Watkins asked if the $29,000 was being used elsewhere for the budg�et', eted for anything Couzzo commented the money was not spe l�l�om the fund balance and specif c. He mentioned Council would bring bring it over to the General Operating Fund to Council's Aid to Organizations from $11,000 to $40,000. He suggested Council also direct him and the Finance Director to mave the funds. Ms. JoAnn Forsythe, Finance Director noted Council co�u�idt to �40 000 so come back with a budget adjustment to increase the acc that it could be spent. Village Manager Couzzo explained Council could authorize the Village Manager and the Finance Director to do this by motion this evening• Council Member Paterno mentioned he was prepared but was not prepazed to do the j to do the original $11,000 this evening, � other $30,000. Council Member Genco stressed all the money did not need to be divided up at this meeting hen t so h meone e equets ass stance,� or so Council knows there is money w the V illage has another crisis. MOTION: Council Member Genco moved to move money from the telecommunications fund to Council Aid to Organizations und�do not need to donation/contribution amount to $40, 000, even though all the f allocated this evening; seconded by Mayor Humpage• Ms. Forsythe noted if Council wanted to increase the budget the motion would be to increase the amount in Council's Aid to $40,000, and to appropriate fund balance for $29,000. She noted Council was not moving - the money, they were actually budgeting the money. Council Member Patemo asked whethar it was Council' ha� S �ould be the amount every yeaz. Council Member Genco mdicated t budgeted amount every year that Council could also n the commuxvty, or Paterno asked if it would be used toward thing outside the community to other organizations, such as the Red Cross. Mayor Humpage commented Council donations help both groups; such as Busch Wildlife and Jupiter High School Project Graduation, which help our comxnunity> and save the Children which helps outside the comm.unity Council Member Paterno suggested keeping the funds within- the general area. Council Member Genco commented Tequesta's children are going to these schools, which are outside of the Village boundaries. 26 1 , � Minutes - Village Council Regular Meeting 12/08/OS ' Page 27 MOTION: Council Member Genco amended her motion to restate Ms. Forsythe's comments: to appropriate fund balance in the amount of $29, 000 to increase the amount budgeted in Council's Aid to Organizations to total $40,000; seconded by Mayor Humpage; motion passed 3-1, with Vice Mayor Watkins being opposed to the motion. Council Member Genco asked Council if o e ci had already i eceived a money. V i c e M a y o r W a t k i n s c o m m e n t e d C , letter from Jupiter Project Graduation. Council Member Genco asked if � there was anyone else that Council would like to add. She noted her list , (included as an email) was a little different that what was allocated for last year. She suggested adding Hannah's House. Vice Mayor Watkins indicated she would support Jupiter Elementary School Preservation. She explained the group was looking to the communitiesa �e asked if an one save the school from being demolished. Mayor Hump g Y wanted to change last years Iist. He indicated he would wait to next month to add any new ones. Council Member Paterno asked what Save the Children was. Vice Mayor Watkins noted that was a hurricane related, tusumia effort. Mayor Humpage indicated it does not always go for tusumia relief, and suggested giving Save the Children $1,000 this year. Consensus of Council agreed.. Council Member Genco commented that was th 1 000 or t Hannah's Member Resnik picked last year. 5he suggested $, House, and $2,000 for Jupiter Elementary School Preservation. Consensus of Council agreed. Mayor Humpage noted CS h ol Prese at on afterit look at additional funds for Jupiter Elementary gets going, and depending where they are in the future• Mayor Humpage suggested staying with the original list, with the following exceptions: Sa�e the Children, $1,004; adding Hannah's Home, $1,000; and adding Jupiter Elementary School Preservation, $2,000. MOTION: Vice Mayor Watkins moved to approve the original list, as amended; seconded by Council Member Genco; motian passed 4-0. 21. Discussion of the Calendar of Important Dates. Mayor Humpage noted no action was needed on this item, that it was for infortnation only. Council Member Genco indicated this was great. Mayor Humpage commented it gives all the meeting dates, etc. Cauncil Member Genco pointed out it was color-coded which was really nice. Vi�lage Manager Couzzo explained nothing was set in stone, and that it couid change. Council Member Genco asked if she could receive the list electronically. Village Manager Couzzo stated he would send it electronically to Council. 27 � Minutes - Village Council Regular Meeting 12/08/OS a Page 28 � Council Member Paterno questioned the asterisk in front of the February Villa e Clerk Carlisle indicated 16, 2005 Regular Council Meeting. S Council would be discussing this under Item 23 on the agenda. 22 . Reschedule the Council Regular Meeting of Januaiy 12, 2006 to January 10, 2006. Consensus of Council agreed to hold the Regular V Ma g or Humpag no ed on January 10, 2006 instead of January 12, 20Q6. y he Vice Mayor Watkins would be out of town to attend Council Member Resnik's burial at Arlington National Cemetery. 23. Reschedule the Council Regular Meeting of February 9, 200b to February 16, 2006. otential where she may not be Council Member Genco noted she has a p Meetin Mayor there. She asked that Council continue �is 16 2006, an sd �e wha happens �-Iumpage suggested leaving it as February , � R� ar Co�ncil Meeting. Village Manager Couzzo at the 3anuary � 9, 2006. indicated he would be out o�� ° ble the tem the January 10, 2006 Consensus of Council agreed Reguiar Council Meeting. 24. Council discussion on the resignation of eementU�rks Director, Mr• GarY Preston, and approval of a Consulting Agr Village Manager Couzzo mentioned he sent tter from Mr. Gary Preston, in their packet they have a resignation le eazs of service Director of Public Works to begin his re�r�em� �o some type of to the Village. He felt it would be p contractual consulting arrangement with 1VI�'• Preston for the bo � of the fiscal year during the t�'ansition. He xecommended app Consulting Agreement. Council Member Genco questioned if Council did not approve this agreement what did �'• ent sta us an indefinite time. would contiriue his employment in the curr Village Manager Couzzo stated �'• P � t � a so he p�Mr P es on Village. He felt the consulting agreemen transition himself with insurance and other issues. Vice Mayor Watkins commented Mr. Preston has b� d to kee him as a Village and has been a 1 as a wealth of knowledge a She stated she wanted consultant because he h him to know she appreciated all the work he has done for the Village. Mayor Humpage commented Mr. Presto n�11 head p dep�artmen e search for someone new, because th�s perso 28 � :� Minutes - Village Council Regular Meeting 12/08/OS Page 29 Mayor Humpage mentioned during budget sessions the department was going to change dramatically, and felt Mr. Preston would be the most effective person to help with that transition. _�o l�o �s of payC V llage i f t h e i n t e n t i o n w a s t o g i v e h u n a b o n u s f o Manager Couzzo indicated the agreement would be spend out over the balance of the fiscal year to September 30, 2006, with a rate of pay at ; $2578.60 per month. He noted there was no bonus. Council Member � Genco pointed out she did not understand the wording, because it said an additional two months of pay through February 28, 2006. Village Manager Couzzo noted in the agreement Staff took � He noted tha would be the remaining months to the end of the fiscal y , $2578.60 per month plus the health insurance. Council Member Genco suggested striking the language in the letter for the additional two months, because the consulting agreement pays him that whether it is spread out monthly or paid up front. Village Manager Couzzo agreed. Council Member Genco asked whether the Village could give him a retirement gift, something special, like a handcarved pocketknife, or something like that. Consensus of Council agreed. to give Mr. Preston something really nice. Mayor Humpage suggested the Village Manager come up with some suggestions. Village Manager Couzzo indicated he would give some suggestions and let Council pick out what they think. A Village resident asked when would Mr. Preston be resigning. Village Manager Couzzo sta.ted January 4, 2006. The resident e d because called resigning rather than retirement. Mayor Humpag he was resigning to retire. ' MOTION: Vice Mayor Watkins moved to ap n r �� ve � he tember l 30g 2006, seconded�by the Village of Tequesta and Mr. Gary Presto p Council Member Paterno; motion passed 4-0. XI, ANY OTHER MATTERS Mayor Humpage mentioned he and the Vice Mayor were planning on attending the burial at Arlington National Cemetery for Council Member Resnik on January 12, 2006. He asked Council to consider letting him place something at the gravesite during the service on behalf of the Village. Council Member Genco suggested the Mayor check on whether that was allowed. Mayor Humpage explained he did check, so he thought it would be nice, not a lot of money, but it would be something. Council Member Genco asked what Council would be allowed to do. Mayor Humpage stated after the ceremony was over, they could put a flower or live plant. He suggested �ouncil could get something like a small potted evergreen tree with a little plaque in it from the Village. He indicated he would make arrangements to get it there, and have it there when the service ended. Consensus of Council agreed. 29 � , Minutes - Village Cauncil Regular Meeting 12/08/OS j Page 30 Mayor Hurnpage wished everyone a great Christmas and a Happy New Year. He stated it has been a really great year being in the Village and God Bless everyone. XII. ADJOURNMENT MOTION: Vice Mayor Watkins moved to adjourn the meeting; seconded by Council Mem er Genco; motion passed 4-0. Therefore the meeting was adJourned at 9:30 P.M. Gwen Cazlisle Village Clerk 30