HomeMy WebLinkAboutMinutes_Regular_10/11/2005MINUTES
• VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
OCTOBER 11, 2005
I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by
Mayor Jim Humpage at 7:00 P.M. A roll call was taken by Village Clerk, Gwen
Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council
Member Geraldine A. Genco, and Council Member Tom Paterno. Also in
attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney
Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. Council
Member Edward D. Resnik was absent due to illness.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Watkins gave the invocation and led in the Pledge of Allegiance to
the flag.
III. PRESENTATIONS AND PROCLAMATIONS
1. Proclamation declaring the Week of October 16-22, 2005 as Florida City
Government Week in the Village of Tequesta.
Mayor Humpage read for the record the title of the Proclamation declaring
• the Week of October 16-22, 2005 as Florida City Government Week in the
Village of Tequesta.
IV. APPROVAL OF AGENDA
Council Member Genco removed Items 13, 19, 21 and 22 from the Consent
Agenda. She asked that Item 26, the Medical Director Agreement remain on the
consent agenda with one correction that the agenda reflect the contract amount
was for $981.33 per month for 12 months.
Council Member Paterno removed Item 25 from the Consent Agenda. He asked
that Item 4, Village Council Workshop Meeting Minutes of August 31, 2005
remain on the consent agenda, with one correction; Page 12, Paragraph 3, delete
the work "saved" and replace with "safe".
Vice Mayor Watkins asked that a correction be made to the agenda summary on
Item 2, Resolution 03-05/06, Zoning in Progress. She asked to delete "September
25, 2005, and replace with "September 15, 2005".
Mayor Humpage removed Items 12, 14, 15, 16, 17, and 18.
MOTION: Vice Mayor Watkins moved to approve the agenda, as amended, seconded
by Council Member Genco; motion passed 4-0.
Minutes -Village Council Regular Meeting 10/11/OS
Page 2
V. UNFINISHED BUSINESS
2. RESOLUTION 03-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, DECLARING AZONING-IN-PROGRESS FOR
THE ZONING AREAS KNOWN AS THE C-2, COMMUNITY
COMMERCIAL DISTRICT AND FOR PLANNED COMMERCIAL
DEVELOPMENTS (PCD) TO CONDUCT A STUDY OF THE
VILLAGE'S CODE OF ORDINANCES CHAPTER 78, ZONING;
COMMENCING ON SEPTEMBER 15, 2005 FOR APPROXIMATELY
4 MONTHS.
Attorney Hawkins read for the record the title of Resolution 03-05/06.
MOTION: Vice Mayor Watkins moved to approve discussion of Resolution 03-05/06;
seconded by Council Member Paterno.
Council Member Genco noted for the record Council just received a
revised copy of the Resolution. She pointed out in the fourth paragraph,
the fourth Whereas, that she really did not believe that there were
"inconsistencies" within the current code; only the manner in which some
of code was laid out was very difficult to follow. She felt it was not
inconsistent; and that she would like to change the language if the
Attorney could come up with something that she thinks reflects the actual
code, rather than saying that the code is inconsistent. Vice Mayor Watkins
stated one of the reasons that she was willing to entertain this Resolution
was because, particularly relating to the three different instances, to her
recollection where there was height discrepancies that Attorney Roselli
pointed out at the last meeting that led Council to believe that the code
needed to be more accurate. She mentioned that was what she saw as
inconsistencies.
Council Member Genco felt the code was not inconsistent, that there were
different areas that have different height qualifications or requirements,
and that it was very difficult to follow it through. She pointed out some of
the text has it in the paragraph of the code, where as in C-2 you have to go
to the chart to find it; and if Council wanted to say there is an
inconsistency in the layout, but there is not an inconsistency within the
code itself. She noted everything is there that it is just not laid out the
same. Vice Mayor Watkins indicated she saw Council Member Genco's
point, but did not see it as something that needed to be changed. Mayor
Humpage noted he did not know if Council had the ability to change the
Resolution. Attorney Hawkins mentioned the fourth Whereas clause was
intended to identify the fact that at the meeting on September 15, 2005,
there were concerns expressed about the inconsistencies.
•
2
Minutes -Village Council Regular Meeting 10/11/OS
Page 3
Attorney Hawkins stated he did not believe the Whereas clause was a
• determination of inconsistency, but that there was discussion presented by
zoning Counsel Roselli, of what she viewed as potential inconsistencies.
He commented she noted differences in the code in various areas in regard
to height, and there were a couple of other areas that she had documented
in a memo that had been circulated. He stated he does not believe this
language definitely establishes that there are inconsistencies, but there
were concerns expressed, and that this is what the language was intended
to capture. He mentioned it is to recognize that there were concerns
expressed by multiple members of the Council.
Council Member Genco asked if the Resolution could be changed to say
that the Village Council expressed concerns. She indicated she did not like
using the word inconsistencies because that sounded almost like there is
an issue with the code, and felt it is just difficult to read. Mayor Humpage
noted he was reviewing Attorney Roselli's comments under Tab 9, Page 7
of the September 15, 2005 Council Workshop Minutes where she had
commented. Council Member Genco commented she used "vague".
Mayor Humpage stated "vague and problematic". Council Member Genco
noted that she also said it did not express the intent. Council Member
Paterno commented Attorney Roselli also mentioned it did not "articulate"
the meaning. Council Member Genco agreed. Vice Mayor Watkins
mentioned it may be vague, but that it was still an inconsistency, and that
she did not see a problem with the word. She felt it just means that the
language in the code is not consistent throughout, so therefore it requires
someone to jump around, and that it is obviously not clear. Council
Member Genco suggested using "format" inconsistencies. Mayor
Humpage agreed there are formatting issues in the code.
Attorney Hawkins noted if Council wished to include the adjective
"format", it could be inserted if that was congruent with Council's
understanding of what occurred, and what was discussed. Council
Member Genco noted if you read it that was actually one of the words that
was used. Mayor Humpage clarified the new language, "Whereas the
Village Council expressed concerns that there are format inconsistencies
in the code". Consensus of Council agreed. Council Member Genco noted
she did not want to make a statement that there are inconsistencies;
because she did not feel the code is inconsistent. She felt it was a
formatting issue, and not really an inconsistent issue with the code being
different in one area and another. Vice Mayor Watkins commented it was
just the language, the way it is written that Council is trying to straighten
up, not the base itself. Council Member Genco agreed. Mayor Humpage
noted it was a Consensus of Council to enter the word "format" before the
word "inconsistencies".
•
3
Minutes -Village Council Regular Meeting 10/11/OS
Page 4
Attorney Hawkins indicated if that works for Council and the Clerk, he
stated the motion would be to have the Resolution passed, as amended to
include that language, and that language is noted in the record. Consensus
of Council agreed.
(Public Comments)
Mr. Terry Lewis, Attorney, Lewis Longman and Walker and representing
Royal Tequesta indicated also in attendance was Mr. Nick Mastranoni,
and Ms. Sherie Pavalick, and Mr. Ed Oliver. He noted the purpose of him
speaking was to formally object to the passage of the Resolution which
Council is discussing this evening. He asked that Council treat Royal
Tequesta fairly under the law in exempting them from what is effectively a
moratorium on their application. He mentioned he hand delivered to
Council a detailed letter, that contains three basic legal reasons why Royal
Tequesta should not be included in this moratorium, and potentially the
retroactive application of any amendments to the zoning code. He
mentioned the first one procedurally deals with Municipal Home Rule
Powers Act, noting that this is really a moratorium. He stated a
municipally can not adopt a moratorium by Resolution, it has to be done
by ordinance, with notice of a public hearing, and an opportunity to be
heard. He noted that is a fundamental right. He commented when an
applicant has gone as far down the road, as this, and has invested time and
• money taking direction from Staff, taking direction from individual
Council Members, changing their positions substantially, he felt they were
entitled to a consideration known as Equitable Estoppel. He noted in his
opinion this fits exactly in this case, and should be applied.
He commented more importantly, it is just the pure concept to fairness,
and retroactively considering changes to the code and applying them to
Royal Tequesta. He stated the applicant has spent one year and three
months attempting to comply with the code. He explained there were
many meetings, many hearings, and many modifications, all aimed at
trying to respond to the directions of Council and their code. He indicated
he repeated that because the letter that he has sent to Council is a year and
three months chronology of the meetings, and the changes that have a
occurred, to the point, up to and including September 14, when the
applications for this particular project, Atlantis, were deemed complete by
Staff and ready for hearing.
Mr. Lewis noted also at that time they had been reviewed by the Planning
and Zoning Board, and recommended for approval, unanimously. He
stated the concept of zoning in progress that is mentioned is not applicable
in a situation like this, where the application has been completed, and the
time has been spent, and they are ready to go.
4
Minutes -Village Council Regular Meeting 10/11/OS
Page 5
• Mr. Lewis commented at that point the code that is in place, the one that
the applicant was instructed to comply with should be the code that applies
to Royal Tequesta. He went on to say, that is the sum and substance of
what he has included in his three-age letter. He noted in truth, and in his
thirty years of practicing this kind of law, he has not seen an applicant that
was this far along, with a completed application, ever subjected to a
change in the zoning code, in retroactive application. He mentioned if
there were any questions he would be happy to respond to them.
Vice Mayor Watkins asked Council if this Resolution was appropriate,
stating she assumed that it was, or Council would not be doing it, as far as
Resolution versus Ordinance. Attorney Hawkins stated Mr. Lewis and he
have a difference of opinion with respect to his client's position and the
Village's position. He stated it is his position under the Smith case, based
on the consensus presented at the Workshop, that was dually called, and
dually noticed, and based on the Resolution that is before Council, the
Village Council has within it's powers the ability to declare zoning in
progress. He stated that is the terminology that he believes is applicable
here, and not a moratorium. He stated the declared zoning in progress is
based about points that have been made by this Council, several times,
including in August when concerns were expressed by multiple members
of Council about whether or not the Council was acting appropriately to
take steps to preserve the character of the C-2 zoning district. He noted
based upon those questions, and the request at that time for a workshop, a
workshop was conducted; and at that workshop the Consensus of Council
was that a zoning in progress be declared. He commented at his urging, it
was provided that the zoning in progress would be for four months, and
that it would apply broadly to all matters in C-2, with respect to Planned
Commercial Developments (PCD).
Attorney Hawkins indicated Mr. Lewis and he have a difference of
opinion, with respect to his position. He noted he also has a difference of
opinion with respect to the application of the Equitable Estoppel doctrine.
He stated he did not think under Hollywood Beach that this applicant has
placed himself in a position so as to claim detrimental reliance. He noted
he has done nothing more than the normal applicant would do. He noted
although he has spent considerable time at this, but it needs to be noted in
the record that the application we are traveling on today, is really not that
old, that he believes it was filed in April or May. He commented there had
been a prior application which the applicant voluntarily withdrew, but he
did not believe the time spent on that prior failed effort counts for the time
spent on the second effort, which was brought before Council, and that is
the one solely dealing with the PCD. He pointed out they are lawyers and
they litigate issues, and they have differences of opinion on these issues.
Attorney Hawkins indicated he has not read the cases that Mr. Lewis has
cited in the letter, so he does not have the benefit of looking at those, but
5
Minutes -Village Council Regular Meeting 10/11/OS
Page 6
• that is his view on their question. Council Member Genco asked Mr.
Lewis, what does he feel primarily, other than his interpretation here, that
there is a moratorium. She went on to say, which means that with the
zoning in progress that he would not be able to present his application to
the Council. She asked how he feels this is harming his client, noting that
it has been almost two years since his original application came in to the
Village. Mr. Lewis responded by saying in a variety of ways. He stated
certainly the time spent, and the time lost that has been accumulated. He
noted again taking direction on how to comply with the Village's code
was number one. He noted but keep in mind, they were scheduled, and
already through with the Planning and Zoning Board, and scheduled to be
heard in August, and then scheduled again to be heard in September by
Village Council. He noted both times the applicant willing postponed
those meetings, with the understanding that they would be on the agenda
and heard in October. He indicated after they agreed to that, he had never
heard anyone talk or speak of amending the C-2 zone, and certainly
amending so that it would apply to an application that had been deemed
complete, before there was any consideration what the amendments might
be to the zoning code.
Mr. Lewis mentioned he has only been with this project since April of this
year, but every time he has been to a meeting, and every time he has
talked with someone, whether it was Staff or Council, the clear direction
. that he received was to comply with the current code in place. He noted he
has given his client that advice at every turn to comply with the current
code. He commented the first letter that he sent, about a week or so ago,
says actually how he feels, that it was an enormous surprise to suddenly
say, we are going to amend the code, with a new code, what ever it is,
which might apply to the applicant. He noted anew code could
conceivably negate the project all together, or certainly send it back into
an incomplete kind of mode, where they would have to expend dollars and
time, and modify the application, and resubmit and go back through the
entire development process. He stated to him that is clear harm.
Council Member Genco indicated the September agenda that the applicant
was asked to delay the hearing before Council was not at the request of
Council as far as she knew. Mr. Lewis stated what he was given to
understand is that the Village Attorney noted in effect that Council
Member Genco was not going to be at the meeting. Council Member
Genco noted that was August's meeting. Mr. Lewis indicated they were
also asked to delay in September as well, and they met on that, and he said
that he would recommend to the client to delay in September, provided
that the applicant could bring the PCD request, and the site plan review to
Council in October.
Council Member Genco asked Council whether they knew that he was
scheduled for September, and rescheduled for October. She asked if
6
Minutes -Village Council Regular Meeting 10/11/OS
Page 7
• everyone was aware this was to be an agenda item for October. Mayor
Humpage noted he did not think everyone was aware that it was going to
be an agenda item m October. He indicated his recollection was m August
one of, or actually several of Council that the C-2 was the primary issue.
He noted Council Member Paterno was considerably interested in the C-2
remaining the character of the C-2, Commercial. Council Member Genco
indicated that was at the August workshop. Mayor Humpage noted it was
at that time, because Council was not sure of C-2, in reference to PCD,
that Council decided to have a workshop on the issue. He mentioned it
was at the workshop that Council felt they needed to take another look at
the C-2 zoning. He commented Council decided to go into this zoning in
progress, until they were comfortable with it.
Mayor Humpage noted at one time he spoke with Mr. Lewis on the phone.
Mr. Lewis indicated that was in July. Mayor Humpage explained that he
told Mr. Lewis that Council liked the code the way it is. He mentioned he
understood Mr. Lewis's concerns and comments, and that they had been
through the Planning and Zoning Board. He pointed out it is his
understanding C-2 is C-2, and a PCD is still an exception to the C-2,
which does require the approval of Council. Mr. Lewis commented he did
not disagree with that, and that Mr. Hawkins and himself have discussed
that on a number of occasions. He noted a PCD is a Special Exception, but
within the code there is approximately 12 criteria that lay out what it takes
• to qualify for a special exception. He commented if an applicant complies
with each of those 12, and no one has pointed to any one of them that the
applicant is in violation too, and the Planning and Zoning Board approved
the request unanimously, He noted at that point the Village does not have
an absolute obligation to agree with him, but the Village does have an
absolute obligation to lay out findings of fact, specifically where the
applicant is in violation to the criteria. He mentioned the Village does not
have unbridled discretion, simply because it is a special exception.
Mayor Humpage commented he is not an attorney, so he is not going to
exchange dialog. Council Member Genco mentioned it is an option that
the applicant can receive an exception to, but that he is not entitled to it,
unless Council approves it. Mr. Lewis stated the applicant has to prove the
fact that they qualify, and if they do that, then Council would have to find
some specific fact to reject them. Council Member Genco agreed, but
noted Council .still has to exercise their right in granting it to them. She
indicated they do not have the right; Council is the one with the right. She
commented they have the right to apply for it, but do not have the right to
get it unless they grant it. Mr. Lewis agreed they have to prove there right.
Council Member Genco noted she would disagree with that, but noted she
did not think that is the point. She commented she just wanted to be
certain that Council understood the timeframes prior to August, September
and October.
7
Minutes -Village Council Regular Meeting 10/11/OS
Page 8
• Attorney Hawkins asked to clarify a point in regards to September. He
stated he and Village Manager Couzzo made the request that the matter be
moved to October. He noted the reasons for the request were: 1) Attorney
Hawkins was scheduled to be out of town, and the meeting got changed;
2) Council Member Genco was scheduled to be in New York testifying.
Council Member Genco noted she called way ahead of the meeting to say
she would not be out of town. Attorney Hawkins noted his point was at the
time the request was made to change the setting of the meeting, it was his
understanding that she would be in Manhattan. Council Member Genco
agreed, and requested that the meeting not be delayed due to her absent,
because she thought her case was going to settle. Attorney Hawkins
indicated those were the reasons, and lastly and very important was the
Zoning Director, Mr. Newell, was no longer in office. He stated those
were the reasons presented to the applicant. He noted Mr. Lewis and his
client agreed to the extension to October.
Council Member Genco felt it was a very aggressive thing this zoning in
progress situation, and if Council could get it done in four months that
would be wonderful. She commented it was her understanding that the
application was complete, and that it should have been scheduled for this
meeting. She noted the zoning in progress that was agreed to September
15, and this Resolution that Council has before them this evening is
obviously going to affect this project. She asked whether it was considered
• at the time that Council decided to implement zoning in progress. She
stated she did not know if that effects anybody's decision. She wanted to
bring that up is so everyone on Council thinks about that before they
decide whether or not to adopt this Resolution, or if Council wants to grant
an exception to the Resolution. Mayor Humpage commented his concerns
regarding this issue are primary that Council is talking C-2, and looking at
a special exception, because of the PCD. He mentioned when he reviews
the code, as he understands the C-2 zoning, there are format
inconsistencies that he needs clarified in his mind, so when he talks to his
constituents, he can say this is what the Village expects in a PCD, special
exception. He indicated it was not his intent to delay Mr. Lewis' client
progress in this application. He stated he did not know if he was
comfortable with the way he interprets this, and perhaps his interpretation
was inaccurate. He indicated he was looking for direction after the August
meeting when Council Member Paterno brought up the C-2 and it's
composure. He noted then Council had the workshop, and he personally
wanted to take some serious time to review this, and felt that was reflected
in the workshop. He commented he was not sure how to answer some of
the questions that would arise if this goes forward, as far as the criteria for
a PCD.
Council Member Paterno indicated he concurred with the Mayor. He
• noted he would like to see the zoning in progress go forward, as to help
8
Minutes -Village Council Regular Meeting 10/11/OS
Page 9
• clarify some format inconsistencies, and the development and preservation
of the commercial character of C-2. He felt it would be in the best interest
of the community, and all the people present, that Council makes that
decision this evening to go with the zoning in process to clarify some of
these codes, so that the Community Development Department and the
other departments do what they need to do to process the applications in
the best interest of the community. Mayor Humpage felt the decisions
Council makes in the C-2, whether they are purely C-2 or C-2 with PCD's,
the decisions that they make at this juncture will affect all of C-2, and
PCD's here on out. Mr. Lewis noted he understood that, but indicated this
landowner/applicant was the only one that had a completed application.
He stated it's the only one that has invested the time, money and effort to
get to this point, and then to be told this may not necessarily be the code
that they will have to follow is fundamentally not fair.
Mayor Humpage noted there is another application, a restaurateur who is
also affected by this decision that they could not be able to go forward for
four months. Vice Mayor Watkins commented this process is something
the Village is trying very hard to protect, and to nurture what is in place.
She agreed the timeframe has not been ideal, but what troubled her
coming out of the workshop was in specifically highlighting places, that
she believes for better terms, there are inconsistencies that need to be
addressed. She indicated it was not aimed at Mr. Lewis's client, but
• unfortunately his client is part of what the Village needs to look at in order
for Council to be comfortable that the language in the code is consistent,
and what they mean to say. She stated she personally feels like regardless
of the project, the code. needs to be straightened out, and unfortunately that
is a timeframe not favorable to his client. She noted at this point she is
uncomfortable enough with the way it reads now that it needs to be
clarified, that she feels she will support the zoning in process.
Mr. Ed Oliver, Oliver Glidden Partners and representing the applicant,
Royal Tequesta commented he felt this community was a good place to
live, and that there is a fair process that the applicants go through. He
noted in his years of practice, and 9 years being on the West Palm Beach
Planning Board and representing various clients, and various projects, as
an architect and planner when they look at the code, in which he feels is
consistent, he noted while everyone is talking about formatting
inconsistencies, that the substance of the code is quite clear to them as
architects and planners. He commented the reason that perhaps prior
Council members voted, and approved the current code with this PCD,
special exception is to allow landowners, architects, and planners to look
creatively at various portions of land, in a specific zoning district in the
Village to determine what they believe is the right planning tool, and the
right marketing approach for a potential piece of property they would
purchase. He mentioned understanding that it seems like, like Mr. Lewis
9
Minutes -Village Council Regular Meeting 10/11/OS
Page 10
• said, he believes Council is a fair Council, that it does not seem either
appropriate or fair to go through what could be at least four months, or
maybe more while the Council is trying to determine this formatting
inconsistencies. He noted he does not believe they are addressing
substance. He noted any architect, planner, or attorney could read the code
and determine what can or can not be done, and with the most current
application, which has been deemed complete by the Planning and Zoning
Advisory Board, does in fact comply with the Village code. He explained
from the Council standpoint to allay concerns that they might have, if it is
a formatting question, or simply their personal interpretation of the code,
he went on to say that they believe they have in fact complied with those
12 items, that Mr. Lewis referenced, and that they must come back to
Council to present the specific project. He stated they have a client who
has made a substantial financial commitment on a piece of property, in
this community, with the clear intent of developing it consistent with the
code. He stated if Council feels compelled to past this Resolution, or what
he calls a moratorium, this would effectively stall the applicant from
moving forward with their project. He mentioned he would respectively
ask that Council not include the Royal Tequesta property in the particular
zoning in progress Resolution, should they enact it. He stated that would
be the fair thing to do, and it is not giving them anything that is going to
be decided at this meeting this evening, because they still must come back
• before Council with their project's presentation, and they still have to vote
on it. He indicated although it has taken a long time to go through the
process, they are sincere in their attempt to develop the property, and that
Council could exclude the applicant from the Resolution should Council
adopt it.
Mayor Humpage asked Attorney Hawkins if he could analysis this for
Council. He felt what the representatives of this project were saying it is
their opinion that they feel that their efforts to this point, they are asking to
be excluded from this zoning in progress. He commented this work has to
be done for the sake of the Village's constituents and everybody's interest.
He asked Attorney Hawkins for his legal opinion. Attorney Hawkins
stated the Mayor's question is not a question that he can give an answer to
with absolute certainty one way or the other. He stated there are two
positions here that potentially will be presented to a judge, and the judge
would have to decide. He felt it was within Council's province to give
them what they wish, and Council could say tonight that in deference to
the applicant, Council will permit the applicant to proceed, but otherwise
will impose the zoning in progress declaration as to other applications.
Attorney Hawkins noted it is within Council's province to go with the
Resolution as it is. He commented the question that was asked may one
day find its way before a court, and that it is not a black and white
question, and he does not want anyone at the meeting to conclude that it is.
• He commented he does not believe under Hollywood Beach, the case he
10
Minutes -Village Council Regular Meeting 10/11/OS
Page 11
cited earlier, Equitable Estoppel has been established, but they have good
• arguments. He explained they have arguments that they have worked very
to accommodate the Village codes, and that they have spent a lot of money
to accommodate the code. He noted on the other hand he did not believe
under that case law that they have acquired what's known as a vested right
in the law of land use. He indicated a judge may differ with him, or an
appellate court may differ with the applicant. He noted he could not give
Council an absolute answer one way or the other. He stressed Council
does have a duty to fairly uphold the code, and have a duty to implement
the code, and to protect the community. He stated in August there were
comments from Council about whether or not the C-2 needs to be
examined with respect to, is Council taking the steps to preserve the C-2
district. He indicated these are complicated questions, and he could not
give Council a certain answer this evening.
Vice Mayor Watkins questioned whether it has ever happened before in
Tequesta where an applicant was approved to the point of going to
Planning and Zoning Board, and things substantively change after the fact.
She noted one thing that she was troubled about that it did get to Planning
and Zoning Board, therefore she would assume it would not have been
sent to Planning and Zoning had it not been complete. Attorney Hawkins
mentioned he just finished litigating a case that lasted about 7 years;
resolved it, and it involved the City of West Palm Beach. He noted his
• client had been approved every step of the way, at every Board, and at
West Palm Beach there are multiple Boards. He noted the City
Commission rejected the application; and they filed a lawsuit,. and it went
on for a lengthy time. He noted that circumstance is not the same as this
circumstance. He indicated in this application they are looking for an
exception to the code, it is a special exception contemplated in the code
with language. It is not a permitted use; it is a special exception use to the
C-2 district. He noted it is a matter where Council has to sit and listen to
the facts presented regarding the concept and the 12 items that Mr. Lewis
has referenced, and make a determination. He pointed out he is not aware
of a situation in Tequesta where a circumstance like this has been
presented before. He mentioned he has only been the Village's day-to-day
Counsel for about 2 %2 years, but he has been the litigation Counsel since
the 1990's.
Council Member Genco asked what is to prevent Council from allowing
them an exception from this zoning in progress, and allowing them to
proceed to the next step of the process, which is the conceptual review.
She mentioned at that point in time, Council could take a look at that
concept, the conceptual site plan, and determine whether or not they feel
that this will meet the criteria which is, as she understands, discretionary
based on the Council's wishes. She noted if it does not meet what Council
. feels a special exception should be, based on the exception criteria,
11
Minutes -Village Council Regular Meeting 10/11/05
Page 12
• Council will have to deny it, and if it does meet the criteria, and it happens
that the mindset that it will be going along with what Council envisioned
happening as a result of any verbiage changes to the C-2 district, it could
go on to the next step which would be a site plan review.
Attorney Hawkins noted to answer the first part of Council Member
Genco's question, there is probably nothing to prevent Council from
allowing the course she described. He commented if tonight Council as a
legislative body decides that they would like the zoning in process
restriction not to bear upon the applicant with respect to their proceeding
through the process, Council could certainly chose that, and there is
nothing to prevent Council from exempting them from the zoning in
progress. Council Member Genco noted she understands the conceptual
review if it turns out that they are denied, typically they would have to
wait 12 months to reapply, but unless Council gives them the waiver, they
could rehear it the following month. She felt exempting them could be a
better situation out of this, since she would not want to welcome any type
of litigious situation by doing this. Vice Mayor Watkins indicated Council
was trying to be fair. Council Member Genco agreed.
Attorney Hawkins commented on Council Member Genco's last point. He
noted Mr. Lewis and he has met twice with representatives of his client,
and Mr. Couzzo, and the meeting in the early part of September, everyone
came to an agreement that the hearing before Council, whether it was
going to be in September or October, it was going to be his
recommendation that Council permits the applicant to basically make a
joint presentation. He indicated presentation A, would be they want a
Special Exception to be granted, and presentation B, all rolled together
this would be their concept. He commented they would essentially go
through the concept and address the 12 items. He noted that stuck him as
the most efficient way to process this, subject to Council saying no they
did not want to do it that way. He indicated that was the approach that he
saw unfolding at the proceeding, whether it was going to be September or
October.
Council Member Genco indicated whenever someone is asking for a
special exception there needs to be a conceptual first, because they would
need to know what type of special exception that is going to be given,
because there is latitude with regard to that, so it is very difficult to have a
finished site plan, not knowing what the mindset of the Council will be
with regard to that special exception. She pointed out the site plan process
is the next step after the conceptual approval has been granted. She noted
basically there is a special exception, and there is basically phasing, both
of those which require conceptual approval. She indicated this project
obviously requires a special exception for the PCD. She felt Council could
• go ahead and hear the conceptual, and hopefully it will be what Council
12
Minutes -Village Council Regular Meeting 10/11/OS
Page 13
• feels the C-2 district is going to evolve to. She noted she does not know
what will happen, but at least they can find out, and get on track, and it
will basically cut off another month from the application process if
Council was to go with this. She indicated it would not change anything,
but it would help.
Council Member Paterno noted the thing that he would be concerned with
is that if Council is going to go through and review some of the code, and
possibly make some changes, corrections, or whatever terminology the
Attorneys want to use, is that he feels Council needs to treat everybody
with the same rules, and if the Village lets them go on, and treat them with
a separate set of rules possibly, compared to everybody else that may
come before Council with an application, it would be unfair to all the other
applicants potentially. He felt it was actually giving this applicant the
special treatment, besides the special exemption. He commented he felt
that was the idea of this to go through the process and do it, do our
homework, and make the changes necessary, and then apply it. He noted
by doing it the other way, Council is giving them a special exception to a
special exception. Council Member Genco noted whatever the applicant
brings before Council is the conceptual, Council does not have to approve,
~ that is the reason it is a special exception. Mayor Humpage noted it still
requires Council approval on the PCD, because the PCD is a special
• exception to the C-2. Council Member Genco agreed.
Mayor Humpage asked if there were any other projects that have
submitted an application. Attorney Hawkins commented he understood
there were 2 or 3 projects somewhere in the course that arise under C-2.
He indicated he could not be specific on what they were. Council Member
Paterno noted the Village is in the position that we do not have a
Community Development Director to help with the situation and give
advise, since she is starting on November 1St . H e did not think it was fair
to her to be put into a position such as this, without even having one day
on the job, and all of a sudden she is being throw into a special situation;
he felt the Village would be making a big mistake.
Mr. Michael Vaccaro, (Chef Mike) resident of Franklin Road, Tequesta
noted he had a business in Jupiter for 13 years, and now wants to move his
business into Tequesta. He felt this apparently affected him also because
he is not able to get any licensing done. He noted when Mr. Newell, the
previous Community Development Director left apparently a lot of things
stopped. He noted he has his application in, and now he is not able to get
the project to Council for a variance for a liquor license. He indicated this
zoning in process does affect him. He noted he was told he could apply for
his occupational license, but not his liquor license. He stated he can not
. open without the license. He asked if there was an exception on his end,
because he has already signed the lease before this zoning in progress
13
Minutes -Village Council Regular Meeting 10/11/OS
Page 14
went into effect. He indicated now he is liable, and it will definitely be a
burden.
Mayor Humpage noted Mr. Vaccaro is Chef Mike from Cypress Drive. He
asked Mr. Vaccaro what the former restaurant was there. Mr. Vaccaro
commented it was Opie's. Mayor Humpage indicated he is now ready to
open up in Tequesta, but he will have to wait 4 months because he can not
apply for his liquor license. He noted even though the new location in
Tequesta was a former restaurant, he was now taking it over. Council
Member Genco noted this was the first time she had heard about it. Mayor
Humpage noted this was a preexisting business that has just changed
hands, but that Mr. Vaccaro falls into this situation. Village Manager
Couzzo indicated he falls into this because it requires a variance by
Council. Attorney Hawkins commented because of the zoning code.
Village Manager Couzzo indicated he had spoke with Mr. Vaccaro late
this afternoon for the first time. Mayor Humpage noted even though there
was a liquor license there, because he is a new owner it is not transferable.
Mr. Vaccaro stated unfortunately in order for him to be successful, it
would be feasible to have liquor with the type of operation that he is
opening, which is a family restaurant. He indicated he is trying to keep the
prices down low, and with liquor the percentages are better. He indicated
it was feasible for him, and very difficult to make a go of this without the
variance.
Council Member Genco asked if there were others. Mayor Hum a e
pg
commented no one with paperwork in. Village Manager Couzzo
commented there was another gentlemen that is trying to develop a office
building which would be north of Baldino's, he wants Council to consider
abandoning the alleyway behind the property. Council Member Genco
questioned which property. Mayor Humpage noted the vacant property
north of Baldino's. Village Manager Couzzo explained he was asking for
special consideration to abandon the alleyway. Attorney Hawkins
mentioned he heard there was a 4th application. Village Manager Couzzo
agreed there may be a 4th one, but could not think of the project at this
time. Mayor Humpage commented in all fairness, the Village only has two
applications with paperwork in. He noted it would take time to get
together the other paperwork on the other projects. He thanked Council
Member Paterno for his comments back in August to bring this to
Council's attention. He commented he was the catalyst in this, so now
Council has themselves in the situation that they are in today. He felt
Council Member Genco brings a good argument to the table, when she
said Council still needs to approve the PCD in the C-2, and that Council
still has the option to take another look at this project.
•
14
Minutes -Village Council Regular Meeting 10/11/OS
Page 15
• He noted Mr. Vaccaro's project is not even on the agenda this evening, he
found out at three o'clock yesterday when Mr. Vaccaro called him. He
mentioned he when he arrived at the meeting his mind was made up, and
now he was not sure. He commented he has always been a person to
encourage business to come into the Village. He noted in reviewing some
projects this section of the code was brought to light. He indicated he was
somewhat comfortable knowing that it is a PCD, to know that Council still
has their turn, because there were some issues in this code that he is not
comfortable with, and he felt it would behoove all members to make sure
everyone is comfortable with this. He mentioned he did not wish to deter
development within the Village.
Council Member Paterno questioned if there was no construction involved
on this project would it still fall under the zoning in progress. Attorney
Hawkins mentioned he understood Council Member Paterno's question;
he commented Mr. Vaccaro needs to obtain a variance from the zoning
code, and the variance is to allow him to sell alcoholic beverages within
1,000 feet of a church. He indicated that means he has to come in and
assert a hardship to establish entitlement to a variance from the code, and
that falls within a zoning issue relative to C-2. He stated in his judgment it
is not something that could come before Council, unless Council makes an
exception to him. He noted he was not recommending that. Council
Member Genco commented the Village has to have a hearing process
. • anyway for that. Council Member Paterno questioned if he needed to go to
Planning and Zoning Board first, he would need to go through the process
and it could take 2 to 3 months. He noted it was a commercial variance
and that it needed to go through the process. Mayor Humpage pointed out
he did not think it needed to go to P&Z Board, that it goes directly to
Council to be placed on the agenda for a variance. Council Member Genco
commented it would be a minimum of 2 months, 2 meetings. Vice Mayor
Watkins commented she did not see at this point how they could start, and
that she was sympathetic to Chef Mike, but if Council is going to even
consider an exception of one, then it destroys her level of comfort. She
asked if there was any level of comfort with the Council, and noted at
some point this zoning in progress needs to be declared, and the code
straightened out. She commented at the same time Council has been at
several meetings, where they have said they want to promote commercial
business in the Village, and now it seemed Council was trying to keep Mr.
Vaccaro from doing it. She asked Council if they would be willing to
consider a time certain for a zoning in progress, and any applications that
come in would be warned that this would affect them from this day
forward, and the two that were in progress could this be delayed.
Mayor Humpage suggested the easiest way to do this would be to pass the
Resolution, effective September 15, 2005, with the two exceptions.
Attorney Hawkins indicated Council could do that and to make it clear by
15
Minutes -Village Council Regular Meeting 10/11/OS
Page 16
modifying the motion. Mayor Humpage indicated Mr. Vacarro would still
have to come back before Council. Council Member Paterno asked if the
only application at this time was Atlantis. He commented he feels for Mr.
Vaccaro because he only wants to open a business. He asked what
happens if he puts in an application, and three other people realize and do
it. Mayor Humpage commented Council could pass the Resolution tonight
effective September 15, with the two exceptions, and if anybody else
comes in they would fall under the zoning in progress. Council Member
Paterno questioned how could Council give Mr. Vaccaro an exception if
he does not have an application in at this time. Council Member Genco
indicated he does have an application in at this time.
Attorney Hawkins stated the previous motion needed to be withdrawn.
Vice Mayor Watkins withdrew her motion. Attorney Hawkins asked if
there was another motion.
MOTION: Vice Mayor Watkins moved to approve accepting Resolution 03-05/06,
with the exceptions of Royal Tequesta, and Grassy Flats Restaurant; seconded by
Council Member Genco.
Village Manager Couzzo stated for clarification if Council was to pass the
motion exempting the two applicants what would Council's intent be for
the applicant to come back to Council, conceptually only. Council
Member Genco commented the process requires conceptual approval
before they can give a site plan review. She stated conceptual has to be
done first. Mayor Humpage pointed out conceptual review will bring some
questions, and Council would want that done before site plan review.
Council Member Genco stated it might bring some issues out that may
require them to change something in their plan.
Mr. Lewis noted because of the agreement the three of them worked out,
and the time lost in August and September, when they met his proposal to
Staff was that Council hears the PCD request. He stated Council Member
Genco was correct that the conceptual goes with the PCD. He indicated he
has looked at the code, and it appears Council has the discretion to review
the site plan at the same time. He stated that would at least allow the
applicant to make up a month of time. He explained it does not say either
way, however, to move forward with the conceptual review, since is going
to be 95% of the substance of the site plan anyway, that he would be
speaking for his client and he would be agreeable to that. Attorney
Hawkins clarified that if the hearing was going to occur, say for example
in November, it would be a hearing that would involve both the PCD
request and the conceptual review. Mr. Lewis indicated that is the way he
reads the PCD, is that the applicant is to come forward with the PCD
• request, and the conceptual plan for the Council to review. Council
Member Genco commented that is actually one in the same. She noted it is
16
Minutes -Village Council Regular Meeting 10/11/OS
Page 17
• a concept plan that the applicant brings before Council for a conceptual
review. Mr. Lewis indicated that was correct. Council Member Genco
noted once Council has that, they are free to make whatever changes that
Council negotiates with them at the conceptual review and go ahead from
that point and develop the site plan that comes back to Council for final
approval.
Mayor Humpage asked if Mr. Lewis wanted to bring the site plan. Mr.
Lewis stated no and clarified he was agreeable to what Council wanted.
Mayor Humpage commented he would not want the site plan at the same
time of the conceptual, and felt Council needed to go through one before
they could get to the other. Mr. Lewis noted he was agreeing to that.
Council Member Paterno indicated he was having a hard time with this
because he felt sometimes you need to bite the bullet, and make a
decision. He stated he feels for everybody, but he could not see going
forward for him, making it very difficult without clarification on the C-2
zoning, and PCD to make a determination for him in reference to the
applicant. He commented he just finds that hard, at the same time Council
is saying they need to do something with the inconsistencies, clarification
as the P&Z Attorney Mr. Roselli stated, but yet the Village is going to try
and use a different criteria in reference to these gentlemen in the mean
time.
'
Mayor Humpage indicated he understood Council Member Paterno
s
position and agreed with him that this needed to be done, and him bringing
this forward in August, he was appreciative of that. He stated what he
thinks Council is saying this evening, and because he understands his
concerns, but what Council will address at the special exception for the
PCD and conceptual will be, in his opinion the issues that the Village is
attempting to format in the reformatting in the inconsistencies in the code.
He mentioned Council can take the time to look under the special
exception those issues which Council Member Paterno has brought
forward, and discuss them with this group. Council Member Paterno stated
so what the Mayor was saying is that at the Meeting when they have their
conceptual heard, at the same time Council is going to try everything that
they discussed two weeks ago, that is supposedly to take 4 months, and try
to do it that night. Council Member Genco stated no. Council Member
Paterno commented in some ways Council will have to make some
decisions. Council Member Genco commented you have to have a vision
of what it is that you want to accomplish in the C-2 district. Mayor
Humpage stated Council does not know that now. Council Member Genco
explained when someone sees the plan, it may suit the vision that they
have, and if there are some things that needed to be incorporated into the
conceptual plan that would make that vision come to fruition, then Council
• could make that statement at the time. She stated Council -has a huge
f l
i
d
amount o
at
tu
e on a special exception and PCD project.
17
Minutes -Village Council Regular Meeting 10/11/OS
Page 18
She explained it allows the Village to have any mix of commercial and
residential development that Council deems is an economic benefit or a
physical enrichment to the community. She commented that would be up
to Council to decide, and that gives them the latitude and that is the way it
reads.
Mayor Humpage felt the conceptual would help Council in their
deliberations, and Staff of where the Village is going to go with the C-2.
He noted he did not think that way when he came into the meeting earlier.
He commented he was glad that Council was having this dialog, and that
he wanted to be fair to everyone and the quality of life that is in Tequesta,
and that it has to be fair to the people who want to join the Village. He felt
Council could accomplish that by passing this Resolution effective
September 15, 2005, with these two exceptions, because Council will still
have the ultimate authority when it comes down to the PCD, and Mr.
Vaccaro. Council Member Genco pointed out they were the only two
applications that the Village has that are currently complete. Vice Mayor
Watkins agreed. Mayor Humpage asked Attorney Hawkins to frame the
motion in legal terminology.
MOTION: Attorney Hawkins stated as he understands the motion, the motion by Vice
Mayor Watkins is to move the approval of Resolution 03-05/06, with the modification that
the zoning in progress declared under this Resolution would not apply to the applications
. filed by Royal Tequesta and by Grassy Flats, applicant Mr. Vaccaro, and that otherwise
the Resolution would be applicable to all proposed projects that pertain to C-2 zoning
district, and the PCD designation under the code; that the word `format " be included in
the Resolution in Paragraph 4. He noted he believed that motion was stated and was
seconded by Council Member Genco.
Consensus of Council agreed to the terminology. Council Member Paterno
mentioned that he still felt like he was in a hard place. Mayor Humpage
indicated it was still a PCD, and still a special exception, and Council will
still have their turn when it comes before them. Attorney Hawkins stated
to Council Member Paterno that he honestly thinks there is a lot of detail
in the code that could be brought to bear in terms of analyzing the
proposed project and the concept that will be presented to Council when it
occurs. He noted there was quite a bit of detail in the code, but commented
there are some formatting inconsistencies.
Motion passed 3-1, with Council Member Paterno dissenting.
VI. STANDING REPORTS
18
Minutes -Village Council Regular Meeting 10/11/OS
Page 19
VILLAGE ATTORNEY
3. Annual Presentation -Government in the Sunshine Law Review
Attorney Hawkins mentioned the issue he wanted to address this evening
had to do with communications between Council Members. He noted he
was not referring to a particular instance, but that he wanted to remind
Council of the basic rules. He indicated the outgrowth of this comes from
the fact that Village Manager Couzzo was sent by Council to the recent
Government Ethics Conference. He noted he was not singling out a
particular instance, but asked Council to keep in mind the activities of a
governmental body, whether is it another Governmental body, or the
Village Council are to occur within the Sunshine, under Florida Statute
286. He stated that means actions that are taken by Council on a matter
before this Council, has to be in a public setting, so that the citizenry has
the opportunity to hear the discussion. He noted he is not aware of any
action that violated that statute. He commented he wanted to remind
Council of a couple of things. He mentioned because of that prohibition on
non-sunshine communications, Council needs to be very careful not to
discuss business, Council business, matters coming before the Council, at
a cocktail party, at a church bizarre, on the telephone, or by email. He
stated the email issue is a little subtle, because in this era it is faster to
• send something out by email than it is to call someone. He commented
Council needs to bear in mind if they send something out and there is a
response, such as there is a communication, that could be viewed as a
violation. He noted he was not singling any instance out, but he cautioned
Council in this era of electronic communication to be really careful
regarding that. He stressed also keep in mind if Council sends something
out from their home computers, that is a public record, and if someone
requested that information, those communications would have to be
delivered to Staff, and collected for the public records response. He stated
he has looked at recent law on the matter, and it is absolutely clear that if
Council is communicating email with regard to a pending matter that
could come before them that could violate the sunshine law.
Attorney Hawkins stated Council needed to keep in mind that it is not
appropriate for government officials on the same body to use an
intermediary. He stressed for example, if you want to say to Lawyer A,
why don't you tell so and so that my views on this issue are X, so that
Lawyer A goes off and tells the other Commissioner. He noted in this era
of busyness with electronic communications these type of traps can be
stumbled into, so do not use intermediaries, and Council should not be
communicating via email. He stated he does not know of any instance
where that has occurred that would have violated the sunshine law.
.7
19
Minutes -Village Council Regular Meeting 10/11/OS
Page 20
VILLAGE MANAGER -None
VIL(a) CONSENT AGENDA
All items listed under Consent Agenda are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a
Village Council Member so requests, in which event the item will be removed
from the Consent Agenda and considered in its normal sequence on the Agenda.
Council Member Genco removed Items 13, 19, 21 and 22.
Council Member Paterno removed Item 25.
Mayor Humpage removed Items 12, 14, 15, 16, 17, and 18.
MOTION: Vice Mayor Watkins moved to approve the Consent Agenda, as amended;
seconded by Council Member Genco; motion passed 4-0.
Therefore the following items are approved on the Consent Agenda.
4. Village Council Workshop Meeting Minutes August 31, 2005.
5. Village Council Special Meeting Minutes September 1, 2005.
6. Village Council First Public Hearings for the Tentative Millage and
• Tentative Budgets FY 2005/2006 Meeting Minutes of September 7, 2005.
7. Village Council Regular Meeting Minutes of September 7, 2005.
8. Village Council Final Public Hearings for the Millage and Budgets FY
2005/2006 Meeting Minutes of September 15, 2005.
9. Village Council Workshop Meeting Minutes of September 15, 2005.
10. General Employees Pension Board of Trustees Quarterly Meeting Minutes
of August 15, 2005.
11. Special Master Code Enforcement Hearing Meeting Minutes of July 28,
2005.
20. RESOLUTION 12-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, ESTABLISHING A MILEAGE
REIUMBURSEMENT RATE THAT IS IN ACCORDANCE WITH THE
MILEAGE REIUMBURSEMENT RATE AS ESTABLISEHD BY THE
INTERNAL REVENUE SERVICE (IRS).
•
20
Minutes -Village Council Regular Meeting 10/11/OS
Page 21
23. RESOLUTION 15-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA ADOPTING THE NATIONAL INCIDENT
MANAGEMENT SYSTEM (NIMS) AS REQUIRED BY HOMELAND
SECURITY PRESIDENTIAL DIRECTIVE - 5.
24. RESOLUTION 17-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE FY 2006 NICHOLS
SANITATION RESIDENTIAL CURBSIDE COLLECTION
CONTRACT IN THE AMOUNT OF $264,314.88, WHICH $269,300.00
WAS ALLOCATED IN THE FY 2006 BUDGET.
26. Council consideration for the automatic renewal of Medical Director
Agreement for FY 05/06 between the Village of Tequesta and Dr. Don T.
Tanabe, M.D. to provide Medical Director Services to the Fire
Department.
END OF CONSENT AGENDA
Mayor Humpage noted he had a number of cards from the citizens that would like
to speak, and since Council may be a while going through the items removed
from the Consent Agenda, if Council would entertain the thought of having the
citizens speak before moving on. Council Member Genco questioned whether a
motion was needed to reorder the agenda. Mayor Humpage indicated Council
needed to make a motion to bring the Communications from Citizens, Item VIII
to be placed before the consent agenda items. Council Member Genco indicated
the consent agenda items were already approved, and suggested making the
Communications from Citizens Item VII(b).
MOTION: Council Member Genco moved to reorder Roman Numeral VIII to VII(b);
seconded by Vice Mayor Watkins; motion passed 4-0.
VII. (b) COMMUNICATIONS FROM CITIZENS (Previously VIII)
Mr. Vince Arena, resident of Tequesta Drive indicated he was speaking
for the homeowners in the community without a Homeowner's
Association (HOA). He noted he has been a resident of Tequesta for 17
years, and lived in this area for 45 years. He mentioned Tequesta was one
of the last remaining communities from the old school that considers the
homeowners and individuals. He felt Tequesta has one of the finest police
and fire, and emergency personnel in the State. He noted the Village
allows the homeowners the freedom to express themselves through home
design, yard landscape, color driveways, and roofs with certain amount of
restrictions for a certain way of life. He noted Tequesta residents live in
one of the last boating communities that allow the parking of boats on land
21
Minutes -Village Council Regular Meeting 10/11/OS
Page 22
as well as water. He felt the Village has one of the fairest and most
consider governing bodies that look at the community as a whole and not
the concerns of a few. He noted the residents are proud to live here, and
felt it was a privilege to be allowed to park boats on their properties. He
noted the Village has fair restrictions, and because of that the homes are
worth far more than others without this privilege. He indicated he has
driven the community and some people do not follow the old rules and
that is why the Village has Mr. Cooper, the Code Enforcement Officer. He
commented he has read the proposed rule, every new rule listed, and every
old rule removed. He felt it is a tragedy. He noted boaters love the sport,
and pass it on to their children. He felt to adopt these new rules would
eliminate boating in the community, and the desire to live in Tequesta will
decrease. He indicated if he sounded upset, Council was correct, and that
he was not alone in this. He mentioned when the Village establishes a
Workshop to go over the proposed rule; he would like to be invited to
represent the people in the community that do not have a HOA.
Mr. Russell von Frank, resident of Dover Road and former Council
Member commented on Ordinance 599 regarding the creation of the
Planning and Zoning Advisory Board. He mentioned the one key is that
the Planning and Zoning Board did not have the authority to make any
decision, that they could only make a recommendation to Council. He
indicated Council had the final word. He displayed hand drawn pictures of
the commercial area the way it looks today, and what it may look like with
development. He explained if the village opens up one door on the
commercial area, there would be other developers interested in what is
happening in the Village, and it could end up destroying the Village. He
mentioned it would not be just one, but many, and it will cause the Village
to lose its character.
Mr. Bill Scoville, resident of Yacht Club Place mentioned he has been a
resident of Tequesta for 39 years. He indicated he has asked the Mayor for
a letter defining when the Village felt it would be appropriate to open the
locked fence/gate at Tequesta Drive and Country Club Drive by the lift
station. He noted Council did a great job in putting up the fence, and it
stopped the safety hazard, and beautified the landscape. He indicated at
the time the fence was put up the Village also put up a sign that in the
future that gate would be locked and only opened on an emergency basis.
He noted it is now locked, and that it has only been opened once for Mr.
Anderson to bring in a boat, since it was installed. He felt it was not an
emergency for what Mr. Anderson wanted. He indicated he saw the draft
of the Mayor's letter, and agreed with everything, except that he would
want a definition of what is an emergency. He asked that one sentence be
added that the gate will not be opened for use as a private road. He felt
there were not supposed to be any private roads in Tequesta, and that it
was not an emergency when the gate was opened for Mr. Anderson's
22
Minutes -Village Council Regular Meeting 10/11/OS
Page 23
personal use. Mayor Humpage indicated he agreed with Mr. Scoville, but
felt the letter tells it the way it is. He indicated the Police Chief
understands what the gate is all about. Council Member Genco felt the
police were deceived, because they said they had to get something out, and
instead brought something in. Mayor Humpage pointed out the police
have standing orders that it only be opened in an emergency. Council
Member Genco noted he is going to have to get that boat out, and once he
does, he will not be able to get it back in. Council Member Paterno
indicated that Council agreed it is only in the case of an emergency, and
that the Police Chief and the Fire Chief understand what Council is saying
this evening. He felt that it would probably work out the way it should.
Mayor Humpage indicated it would not happen again, and if it does he is
to come back before Council.
Mr. Jeff Leslie, resident of Golfview Drive, Tequesta Country Club
thanked Council for the opportunity to speak this evening regarding
Section 78, on the adjustments proposed to the ordinance on boats. He
noted he was speaking for many, and that the proposed revisions to the
ordinance do not accurately reflect the views of the majority of the people
in the Country Club. He indicated the residents would like to have the
opportunity to work on a joint committee to develop with boaters and non-
boaters some recommendations for what might be more acceptable and
fair to all. He indicated he did not have suggestions to the ordinance at this
time, but felt the communication is very important on both sides. He
explained he has met with 40 to 50 people from the Country Club in an
effort to see if there is support. He felt there was overwhelming support
there to be able to maintain boats that might be visible from the road, and
possibly from the water. He mentioned however that the group believes
that restrictions are very important. He suggested with everyone working
together that the Village could come up with a concept that everyone
would be happy with. He noted the right to park boats next to one's house,
is the reason that people moved to the Country Club, and that it may
enhance values for everyone, whether or not they have a boat. He felt
many people moved here for that purpose, and with the storage that is not
readily available in the area, and that is not affordable, the group believes
that the costs of storage were extremely high. He felt people were willing
to send up to $100,000 more on a house where there are boating
restrictions that could be well thought out, and that everyone can live with.
He felt the realtors believe that, and that the Country Club bills itself as a
boating and golfing community. He noted the Country Club even has a
boat ramp, and that people are lead to believe it is a boating community,
and a golfing community.
Mr. Lesiie felt there should be restrictions, and was highly in favor of
those restrictions, but he felt there have not been many significant reasons
not to have boats, except for the aesthetics. He felt it was hard to see
23
Minutes -Village Council Regular Meeting 10/11/OS
Page 24
where anyone has lost property values on the aesthetics over the five
years. He suggested the goal is to hopefully petition the Council to
consider developing some group that consist of boaters and non-boaters to
try and make some sense of this proposal that would make sense to
everyone, and retain property values, and allow the people to enjoy boats.
He felt there was a significant number of population in the Country Club
that believes they should.
Mr. Jack Noms, resident of Ridgewood Circle mentioned he also has
concerns about the ordinance as it is written. He felt that it is unfair as it is
proposed right now. He urged Council to reconsider further action on it.
Mayor Humpage mentioned Council has received numerous emails and
phone calls on this issue. He noted Council understands it is an issue of
great importance, and are cognizant, and Vice Mayor Watkins has made
some suggestions. He noted there will be dialog with everyone, and that
Council will have workshops on the issue, and that Council is aware of
how the residents feel. He indicated the Village was just trying to come to
some resolution, and will not cut anybody out of the mix. Council is aware
of their issues.
ITEMS REMOVED FROM THE CONSENT AGENDA
• 12. Village Council Special Meeting Minutes of October 3, 2005
Mayor Humpage noted he removed this item to comment that this was a
Special Meeting that Council had on October 3, 2005 where they
discussed the Resolution that was sent to Martin County. He mentioned
Council had received the newspaper article that was in the Stuart News,
and the response of what occurred at the Martin County Council Meeting.
He pointed out he found it interesting that it was a 3-2 decision and what
the Village was asking Martin County to consider because of the traffic
impact on the Village, is exactly what made the big news in the Stuart
News, because Martin County is requesting the same consideration for
Port St. Lucie. He felt it was interesting for them to look at the north side
of the County and know that they are being impacted by traffic from St.
Lucie County, and wanted St. Lucie County to assist them with costs
incurred, road costs and widening. He noted according to the article Port
St. Lucie was not receptive. He noted looking at the south county the
Village asked for the same consideration, and it was defeated 3-2. He
mentioned the Village asked for something that they themselves were
asking for.
Council Member Genco commented she thought it was interesting that
they did endorse the septic tank and the potable water supply, which she
thought was a big concession on their behalf.
24
Minutes -Village Council Regular Meeting 10/11/OS
Page 25
Mayor Humpage noted he had also asked the Village Manager, when he
got the article, if he could find any information. He mentioned Council
was provided with a brief study from Martin County regarding the traffic.
He felt it was interesting in their study that Country Club Drive/Island
Way in Palm Beach County, which ends up in Tequesta, they consider a
2.4% increase in traffic. He commented they recognize the fact that there
will be some traffic. He hoped that their Commission would reconsider
this traffic issue, and the extension of Western Corridor, and know that the
Village does appreciate that they are looking at the water and sewer. He
felt it would be a plus for everyone, Tequesta, Jupiter, Palm Beach
County, and Martin County. Council Member Genco commented if the
traffic does increase a bit, it would probably be to use the Village's
businesses, which may be a benefit, but she has looked at the Western
Corridor extension extensively, and to think the biggest reluctance to
opening it up is the River. She mentioned there is a bridge that goes over
the North Fork, which goes into Jonathan Dickinson Park, and in order to
increase the traffic on the bridge, the one near the walkway; Council
Member Paterno indicated it was by the Girl Scout Rd; Council Member
Genco noted the bridge was to be replaced and that would be an
significant impact. She mentioned when you think about the preservation
of the environment and the River environment the 2% traffic increase,
which might benefit our businesses, is not a bad tradeoff. She noted that
was her biggest concern, and has spent considerable time in the last month
or two evaluating it. Council Member Paterno asked if the 2% was the
current study. Mayor Humpage indicated it was done in 2004. Council
Member Paterno noted as they build out more it would increase more than
the 2%. Mayor Humpage explained it was the 2004 study before Section
28 comes into play. Council Member Paterno noted also all the homes out
in Jupiter have not been built yet, so there will be a change. Council
Member Genco indicated she did not understand that. She indicated it was
going to be 170 units in total, unless Jupiter gives an exception. Mayor
Humpage asked that everyone continue to communicate, and hopefully
Martin County will continue to communicate with Port St. Lucie, and for
Council to communicate with Martin County on the Tequesta side. He
agreed with Council Member Genco to thank them for looking at the water
and sewer issues, because that does affect everybody.
MOTION: Vice Mayor Watkins moved to approve the Meeting Minutes of October 3,
2005 Special Meeting; seconded by Council Member Genco; motion passed 4-0.
13. RESOLUTION OS-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO ROOD LANDSCAPE CO., TEQUESTA, FLORIDA,
• FOR PUBLIC WORKS LAWN AND LANDSCAPE MAINTENANCE
25
Minutes -Village Council Regular Meeting 10/11/OS
Page 26
IN THE AMOUNT OF $71,720, WHICH $71,720 (ACCOUNT #001-
210-546.309) WAS ALLOCATED IN THE FY 2006 BUDGET.
Council Member Genco read for the record the title of Resolution 05-
05/06.
Council Member Genco asked if this Item 13 and Item 19 were the same
contract, and that it appeared an additional $30,000 was being added to the
contract. She noted Staff does this every year and asked why the two items
could not be combined into one contract.
Mr. Gary Preston, Director of Public Works indicated Staff could combine
the two, but noted Item 13 is a set amount for $71,720, and Item 19 is for
$30,000, but Staff is hoping that they do not need to spend the entire
$30,000. Council Member Genco indicated she understood. Mr. Preston
explained Item 19 was for irrigation and repairs since there was a
tremendous amount of work on Beach Road, U.S. One, and Tequesta
Drive. Mayor Humpage asked whether this item could cover Items 13 and
19. Council Member Genco indicated she would remove her objection on
Item 19. She noted Council would still need to make a motion, and have it
seconded to approve both of them.
• Attorney Hawkins disclosed that his law firm represents Rood
Landscaping on an irregular basis, and he has been asked from time to
time to do environmental related work. He felt it did not bear upon the
issue this evening, but he did want Council to be aware of that.
Mr. Preston noted he just became aware the agenda summary has Item 19
as contracting with Terracon Serivices, and the Resolution with Rood
Landscaping. He noted the Resolution was correct that it should be Rood
Landscaping.
MOTION: Council Member Genco moved to approve Item 13, Resolution OS-05/06,
and Item 19, Resolution 11-05/06; seconded by Vice Mayor Watkins.
Council Member Genco asked if the title of Resolutions needed to be read
into the record. Attorney Hawkins suggested reading them into the record
because they are no longer on the Consent Agenda. Council Member
Genco indicated she read the title of Item 13, Resolution OS-05/06.
Council Member Paterno noted he had a couple of questions that pertained
to all of the items. He commented on Item 19 that $15,000 was for repairs,
and asked what the other $15,000 was for of the $30,000. Mr. Preston
explained Item 19 also covers the trimming of the Royal Palms, and there
would be $7,000 for additional improvements on Beach Road. He noted
this contract was for $25,000 last year, and Staff has added in another
26
Minutes -Village Council Regular Meeting 10/11/OS
Page 27
$5,000 to cover the additional work. Council Member Paterno questioned
where was the work going to be on Beach Road. Mr. Preston pointed out it
would be on the west side of the 707 Bridge, since when the bridge was
closed they tore up a lot of landscape plants there. Council Member
Paterno questioned what are the contractors suppose to do for their
maintenance fee. He asked if they are to fix the sprinklers, fertilize, or how
often are they to cut, etc. He pointed out in the contract there is no
description or criteria; it just says take care of this area. Mr. Preston
indicated in the original proposal it specifics 42 times a year, basically
meaning from April through October once a week, and winter times every
other week. He mentioned they also check the irrigation system, but they
are not required to fix it unless it is a minor problem. He indicated if it is
something major that is where Item 19 has the additional monies for that
repair. He mentioned they do fertilize twice a year, and mulch all year.
Village Manager Couzzo indicated if Council looks at the scope of work
on page SW1, under Item 13, that scope is very encompassing. Council
Member Paterno asked if that included the bushes also. Mr. Preston
responded in the affirmative. Council Member Paterno noted the CPI of
3.5%, and noticed the fire department, which comes up later, used the CPI
of 2.9%. Mr. Preston explained the time period for Rood Landscaping
contract was also the same time period for Nichols Sanitation contract
• Item 24. He noted Nichols Sanitation is also 3.5%, and that contracts runs
from May 1 to Apri130th, and during that time period it was 3.5%.
Mayor Humpage noted there is a motion on Items 13 and 19. Attorney
Hawkins suggested voting on Item 13 first.
MOTION: Council Member Genco moved to approve Item 13, Resolution OS-05/06;
seconded by Vice Mayor Watkins; motion passed 4-0.
19. RESOLUTION 11-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING THE CONTRACT WITH ROOD
LANDSCAPE CO., INC., WITH AN EXISTING PUBLIC WORKS
CONTRACT PRICE IN THE AMOUNT OF $71,720, TO ADD $30,000
FOR ADDITIONAL LANDSCAPE AND Il2RIGATION
MAINTENANCE FOR AREA "A", HAVING A FISCAL YEAR
BUDGET ALLOCATION OF $30,000, AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE CONTRACT ON BEHALF
OF THE VILLAGE.
Council Member Genco noted there may be a mistake on the Resolution.
She indicated if you look at the account of Item 13, it is the same account
• number as Item 19, and it says the account number for Landscaping and
Irrigation has a budget of $70,498, and Council just approved $71,720 and
27
Minutes -Village Council Regular Meeting 10/11/OS
Page 28
• if Council was to pass Item 19, they are approving an additional $30,000.
She asked where the money would come from to cover the costs. Mr.
Preston mentioned that line item is actually $155,000. Village Manager
Couzzo noted it has $172,000 that is handwritten. Council Member
Paterno noted it was handwritten but it says $70,498. Village Manager
Couzzo indicated it is $172,000 on Item 13, and the remaining amount
after the $71,720 was taken off, would be approximately $100,000 left.
Council Member Genco noted when Item 13 was passed the remaining
budget was $70,000. Village Manager Couzzo mentioned what Staff is
trying to keep track these amounts as they come off. He noted this was a
new form.
Mayor Humpage read for the record the title of Resolution 11-05/06.
MOTION: Vice Mayor Watkins moved to approve Item 19, Resolution 11-05/06;
seconded by Council Member Genco; motion passed 4-0.
14. RESOLUTION 06-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO ROOD LANDSCAPE CO., TEQUESTA, FLORIDA,
FOR UTILITY (STORMWATER AND DISTRIBUTION) LAWN AND
LANDSCAPE MAINTENANCE IN THE AMOUNT OF $6,155 WHICH
• $6,155 (ACCOUNT #'S 401-243-546.309 AND 403-250-546.308) WAS
ALLOCATED IN THE FY 2006 BUDGET.
15. RESOLUTION 07-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO ROOD LANDSCAPE CO., TEQUESTA, FLORIDA,
FOR UTILITY (PUMPING AND STORAGE) LAWN AND
LANDSCAPE MAINTENANCE IN THE AMOUNT OF $25,454
WHICH $25,454 (ACCOUNT #401-242-546.309) WAS ALLOCATED
IN THE FY 2006 BUDGET.
16. RESOLUTION 08-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO TERRACON SERVICES, INC. OF JUPITER,
FLORIDA FOR PUBLIC WORKS LAWN AND LANDSCAPE
MAINTENANCE IN THE AMOUNT OF $29,782 WHICH $29,782
(ACCOUNT #001-210-546.309) WAS ALLOCATED IN THE FY 2006
BUDGET.
17. RESOLUTION 09-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
28
Minutes -Village Council Regular Meeting 10/11/OS
Page 29
• COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO TERRACON SERVICES, INC. OF JUPITER,
FLORIDA FOR PARKS AND RECREATION LAWN AND
LANDSCAPE MAINTENANCE IN THE AMOUNT OF $24,656
WHICH $24,656 (ACCOUNT #001-230-546.306) WAS ALLOCATED
IN THE FY 2006 BUDGET.
18. RESOLUTION 10-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A ONE-YEAR CONTRACT
EXTENSION TO TERRACON SERVICES, INC. OF JUPITER,
FLORIDA FOR UTILITY (STORMWATER AND DISTRIBUTION)
LAWN AND LANDSCAPE MAINTENANCE IN THE AMOUNT OF
$15,828 WHICH $15,828 (ACCOUNT #'s 403-250-546.308 AND
403.000.115.000) WAS ALLOCTED IN THE FY 2006 BUDGET.
Mayor Humpage mentioned he removed Items 14, 15, 16, 17, and 18. He
noted the reason he pulled them was because he did not have any issues
with them, but when he went through these items he asked Council to
consider down the road that the Village is spending as of this day, almost
$200,000 a year to mow the lawns on the map area. He thanked Mr. Gary
Preston, Director of Public Works for the map. He mentioned with taking
all these items and putting them together, that Council may want to
• consider (if the Village runs true to form with some of the budgetary
numbers that have been talked about, say 3%, 6% with these numbers and
the new grassy areas, for instance all the way Old Dixie, and south on Old
Dixie. Council Member Genco noted Country Club Drive that is another
$400,000). Mayor Humpage suggested the Village may need to take
another look at doing this work in-house next year, because the Village is
going to be at $250,000 to $300,000. He suggested Council may want to
consider Staff doing this work. He mentioned that was the only reason he
pulled the items because it seemed like such a large amount of money, it
may be an item that could go into Public Works budget. He noted one
thing that Staff may want to consider, if there are people in Public Works
mowing in Area B, and when they are done with Area B, they can go to
Area A. He pointed out if the Village needs something fixed in Tequesta
Park or Constitution Park these people could also assist in those areas,
because they would be full-time employees not contract employees.
Council Member Genco commented the Village is already over $250,000
to $300,000. Mayor Humpage suggested making this part of the Public
Works budget. Vice Mayor Watkins mentioned she totally agreed with the
Mayor, and noted it was brought up last year, hoping that in the future we
get to do that.
•
29
Minutes -Village Council Regular Meeting 10/11/OS
Page 30
• Mayor Humpage noted the landscaping that will be put into the Village in
the future will be considerable, and he would not be surprised the budget
increases an additional $100,000.
Mr. Preston commented the Village will be bringing on five additional
areas: Village Hall, FEC Property, Linear Park, South Cypress Drive, and
some changes to Beach Road. He indicated it was the intent of Staff to see
what they could bring in house next year. Mayor Humpage noted there
would be a one-time investment on the equipment, and then thereafter the
maintenance of it. Mr. Preston indicated there are certain areas Staff may
not want to go into such as U.S. One, because it is an unsafe area to be
working in, and very difficult to maintain. Mayor Humpage asked that
Staff provide some information on how many people it would take to do
the work. He indicated one good thing about having those people would
be that they would be available for other work. He mentioned also there
could be times when Mr. Russell White, Public Services Manager had
work for these people. Council Member Paterno asked if the contracts
were guaranteed for the year, or does the Village have a way to back out if
the Village so chooses to take on these areas. He asked if the Village has
the option to look into it. Village Manager Couzzo noted the contracts
were annual renewals, and could be ended at any time.
Mayor Humpage suggested in Area B, the contractor do a little bit better
job around the Mobil station, the logo looks terrible. Mr. Preston noted he
went and spoke with the Mobil station today, and it is the responsibility of
Mobil, and told them if they did not come into compliance, it would go to
Code Enforcement. He indicated they said they would have it taken care
immediately.
Council Member Paterno noted he had one question on Item 18. He asked
if Jupiter was reimbursing the Village $5,000 towards Dover Ditch.
Village Manager Couzzo indicated that was correct. Council Member
Paterno questioned why it was not half (50%). Mr. Russell White, Public
Services Manager mentioned Jupiter pays the Village 40%. He indicated
he did not know how they agreed to that number. Council Member Genco
felt it was based on the property that abutted it. Village Manager Couzzo
commented that has been a long standing agreement. Mr. White felt there
was more area that needed to be mowed on our side of the ditch. Council
Member Genco mentioned the Village has been offered some grant money
for stormwater projects, and Dover Ditch could be one of the projects, or
some other stormwater projects. She noted if Staff has some ideas, all
Council needs to do is come up with a list, and a proposal and get some
money for them. Mr. Preston commented the Village would very much
like to pipe Dover Ditch, and after contacting the residents they were very
much opposed to that, and that is why Staff has not pursued it in the past.
30
Minutes -Village Council Regular Meeting 10/11/OS
Page 31
. Council Member Genco suggested maybe the Village could do some
better landscaping or some storm drainage work, because there is money
out there for the Village, if the Village could come up with some projects.
Mayor Humpage indicated the Village Attorney will read the resolutions
for the record, and Council will be voting en masse on all Items. Attorney
Hawkins read for the record the titles of Items 14-18, Resolutions 06-05/6
through 10-05/06.
MOTION: Council Member Genco moved to approve Item 14, Resolution 06/05-04,
Item 1 S Resolution 07-05/06, Item 16, Resolution 08-05/06, Item 17, Resolution 09-05/06,.
and Item 18, Resolution 10-05/06; seconded by Vice Mayor Watkins; motion passed 4-0.
21. RESOLUTION 13-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AWARDING A PROPOSAL TO ATLANTIC
TRUCK CENTER, OF FT. LAUDERDALE, FLORIDA FOR THE
AMOUNT OF $45,639.00 FOR THE PURCHASE OF A FORD F-650
DUMP TRUCK, WITH FUNDING COMING FROM THE
STORMWATER #403-250 664.600 AND WATER FUND 401-411
664.600 AND AUTHORIZING THE VILLAGE MANAGER TQ
EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE
• VILLAGE.
Council Member Genco noted this was the purchase of a new truck, and
the Village already has a flat bed dump truck. Village Manager Couzzo
indicated it was a modified flat bed. Council Member Genco commented
the Village just bought afront-end loader. She questioned whether this
was really needed. Village Manager Couzzo indicated yes. Council
Member Genco commented when you buy something; there needs to be an
operator and time, and insurance. Village Manager Couzzo clarified the
Village was not adding any personnel.
Mr. Russell White, Public Services Manager mentioned the reason they
are purchasing the truck was because Staff planned to do more work in-
house by having this additional truck. Council Member Genco indicated
Council has not reviewed any contracts for additional work. Mr. White
pointed out they have a flat bed dump truck and Staff uses that as much as
possible, but they have to make more trips and it takes more time to go get
small loads on the truck. He explained by purchasing this truck it is a full
size dump truck, and Staff could make less trips, and have two trucks
running on the job. Council Member Genco felt this truck was more for
moving earth, and what why would the Village need to be moving earth.
Mr. White commented for whatever was needed, such as moving earth or
• debris. He noted with this truck more could be packed in, and more could
be moved at one time.
31
Minutes -Village Council Regular Meeting 10/11/OS
Page 32
• Council Member Genco asked if Staff was planning to get rid of the
existing truck. Mr. White suggested keeping that one also. Council
Member Genco felt that was a lot of equipment for moving earth, and stuff
like that, that she could not understand why the Village needed to have so
much equipment. She commented the Village has not had a lot of
contracts that the Village has had to have someone come in, except for the
hurricane that is about the only time. Mr. White indicated the truck would
help stormwater, the water utility, and the public works department when
Staff is out picking up debris, and trimming trees. Council Member Genco
felt the Village contracts all that work. Village Manager Couzzo noted last
year when Staff was cleaning up from the hurricane, they realized that
were at a shortage not having this type of equipment. He commented they
had utility personnel making do with their equipment. He mentioned his
personal truck was put into service for the Village to take things, that Staff
just did not have the equipment needed. He indicated over the last five
years they have started to build a good fleet, but it should be
complimented, and consideration should be given for this type of truck.
He noted Staff will be doing the work on the retention area at Village Hall,
and that could be a savings in money on that project. Council Member
Genco commented the Village is not saving any money if Staff has to go
out and buy a truck to do it. She stated if the Village is going to be getting
a crew come out in another year that would be the appropriate time to buy
new equipment for them. She commented if Council was reviewing
contracts, then she would say yes then the Village needs to buy a truck.
She commented the Village has not gotten any new contracts, except with
the hurricane. Mr. White stated the Village does not contract out dump
truck work, but that Staff does what they can with what they have, and the
idea of this vehicle was so that Staff could do more.
Council Member Paterno asked how often does Staff use the other truck.
Mr. White stated at least two or three times a week, depending on the
situation. He noted after the storms last year it was used a lot, and there
were a lot of trips and it just took so much longer. Council Member
Paterno asked if the boards could be removed, and new higher boards be
put on the truck to accommodate more trees. Village Manager Couzzo
noted the truck body could be changed if needed. He indicated Staff was
just giving Council a recommendation. He commented would Staff use it
everyday, probably not. He explained this would be truck that lasts 15 to
20 years in the Village without question. Council Member Paterno
questioned how many trucks does the Village have in total over at Public
Works, and Utilities. Mr. Gary Preston, Director of Public Works
indicated they have four trucks in Public Works. Council Member Paterno
asked how many employees were there in Public Works. Mr. Preston
noted 2 employees. Council Member Paterno asked how many trucks are
in Utilities. Mr. White stated 6 trucks. Council Member Paterno asked if
that included Mr. White `s truck.
32
Minutes -Village Council Regular Meeting 10/11/OS
Page 33
• Mr. White responded yes, and two that the Village is going to surplus next
month. Council Member Genco asked how many employees does Mr.
White have. Mr. White responded six employees. Council Member Genco
felt the departments have a lot more vehicles than they have people. Vice
Mayor Watkins stated if they were to surplus two vehicles then they would
be down to four. Mayor Humpage asked what do they typically use the flat
bed truck for. Mr. White mentioned when Staff does road cuts they move
the asphalt, and then they have to haul the asphalt and concrete to West
Palm Beach. Council Member Genco questioned how many of his staff
could drive trucks like this. Mr. White stated all his employees; he
clarified all the field employees. Vice Mayor Watkins noted when the
Village gets to the point of bringing things in-house this truck would be
around for that transition and use. She commented she has never known
Mr. White to ask Council for something that they did not have a need for.
Mr. White stated with the way the departments were running it would help
things out, Staff could do more when there was a cleanup and one vehicle
was being used, the other truck could still be doing other work.
Council Member Paterno commented Mr. White only has 6 employees,
and if 2 employees were on the front loaders, and 2 driving trucks, and 2
reading meters, there is not any left. Council Member Genco noted there
was only one person they could devote, and they already have one truck,
• so if they wanted to get rid of truck and buy a new one, and if Staff thinks
the Village is going to need it, maybe the time to look at it would be when
Mr. Preston is reviewing equipment and bringing services in-house for
next year. She felt maybe than the Village would need to get a different
kind of truck for different functions. Village Manager Couzzo noted Staff
could certainly do that, but what Mr. Preston was proposing to do for next
year would not use this truck regularly. Council Member Genco noted
they are not using the flat bed regularly. She mentioned what she was
talking about was for sod and trees, mulch and things like that. She felt it
made sense to use a big truck for that. Village Manager Couzzo felt it
would make sense for the trees, but commented the hard part with a truck
like this is that you can not just take sod and dump it off the back, you
would have to trailer it. He mentioned trees could be placed on the flat
bed, but then another piece of equipment would be needed to take it off
the bed. He mentioned it was to complement the fleet, and if Council's
desire was to wait; he certainly would understand that.
Council Member Genco stated the Village has a fleet that is almost one
vehicle per employee, and the fleet is starting to get huge. Mr. White
commented each technician has a vehicle, but when a prof ect comes up
where there is a big road cut, removing asphalt, usually someone is on the
backhoe, and someone is on the truck. He stated he does not have an
• employee for every piece of equipment that the Village has, but all the
employees are trained to use all the equipment.
33
Minutes -Village Council Regular Meeting 10/11/OS
Page 34
Village Manager Couzzo commented the reason they would like another
truck is so that the employees could work independently, and go in
different directions. Mayor Humpage asked how old is the flat bed truck.
Mr. White stated 7 years old. Mayor Humpage asked if it was one of the
trucks the department was planning to surplus. Mr. White stated no,
because they will still need to use the truck. Mayor Humpage noted for
example if Mr. White was to do a road cut, would he put the asphalt on the
flat bed and haul it to West Palm Beach. Mr. White stated yes, as much as
they could get on the truck. He commented when Staff did the swell work
on Beach Road there was multiple trips to remove the concrete and asphalt
before sodding it. He noted that was something Staff was trying to do
instead of paying a contractor to truck it out. He indicated it was more cost
effective to have Staff do it. Mayor Humpage asked about leasing a
vehicle, if the Village was going to take over the maintenance. Mr. White
indicated the Village could lease it. Village Manager Couzzo commented
leasing is an option. Mayor Humpage suggested tabling this item. Council
Member Paterno agreed. Mayor Humpage mentioned if the Village was
going to fund all this equipment for the maintenance maybe they ought to
fund some of that equipment ahead of time. Village Manager Couzzo
stressed this truck would be funded out of two funds, water and
stormwater, 50/50 split. Mayor Humpage asked if the money had been
budgeted for this truck. Village Manager Couzzo responded in the
• affirmative. Mayor Humpage asked if Staff felt it would be an asset to the
Village, and if it would save some production time and labor. Mr. White
felt it would be an asset, especially with debris from the hurricane. Mayor
Humpage indicated he did not want to buy just because of the hurricanes.
Mr. White noted it would not be used just for that. Mayor Humpage asked
if Staff would use the vehicle at least once a week. Mr. White stated yes,
and noted when the flat bed truck is being used they would not have to
wait for another job to use it at the same time.
Attorney Hawkins read for the record the title of Resolution 13-05/06.
MOTION: Vice Mayor Watkins moved to approve Item 21, Resolution 13-OS/06.
(Motion failed for lack of a second).
22. .RESOLUTION 14-05/06 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AWARDING A PROPOSAL TO GABBER
FORD, MERCURY, OF GREEN COVE SPRINGS, FLORIDA FOR
THE AMOUNT OF $22,721 FOR THE PURCHASE OF A FORD F-150
PICKUP TRUCK, WITH FUNDING COMING FROM THE
STORMWATER VEHICLES ACCOUNT #403-250 664.602, HAVING
A FISCAL YEAR 05/06 BUDGETED AMONUT OF $25,000.00 AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
• APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE
34
Minutes -Village Council Regular Meeting 10/11/OS
Page 35
• Council Member Genco mentioned she had spoke with Village Manager
Couzzo, was told Staff would be surplusing another one and replacing it
with this one. Mr. Russell White, Public Services Manager explained the
truck that is replacing this vehicle would go to the water plant. He noted
the truck that currently pulls the emergency generator for the well sites
will go to the water plant, and be used there to pull the generator, or for
anything else they might need. Council Member Genco commented she
felt the generator was going to stay on the site behind the plant. Mr. White
stated this is the portable generator to two different well sites. Council
Member Genco asked which well sites.
Mr. White stated Well 23, and Well 8. He indicated they have been using
a stormwater truck to move it, and they periodically have to take it out and
hook it up to the well, and run the generator to test it. Council Member
Genco questioned whether they leave the generator on the truck to test it.
Mr. White noted yes, they run it for a couple hours at a time, and in the
case of emergency the truck would be disconnected from the generator.
Council Member Genco asked what was wrong with the truck that was
being used to pull the generator. Mr. White explained Staff is using a
stormwater truck to pull the generator out to the wells. Council Member
Genco asked how often is the stormwater truck used that they could not do
that. Mr. White indicated it was one of the technician's trucks that could
• not be used at that time. Mayor Humpage asked how often does is the
generator tested. Mr. White explained once a month, and that it is an older
truck that needs to be replaced. Mayor Humpage asked if it was a truck
that Staff would normally be for surplus, but they are going to give it to
the Water Plant. Mr. White agreed. Council Member Paterno asked how
many trucks would the water plant have with this truck. Mr. White stated
4 including this truck, and they may surplus one when they get this one.
Council Member Genco mentioned if the Village surpluses something and
gets rid of it, and gets rid of the insurance, and they know that the ratio of
staff to vehicles is the same, than she is ok with it. She commented just
having vehicles around for that one time of month, she would not agree to,
because it would not be worth the $600 the Village pays for insurance.
Council Member Paterno asked which truck would the Village surplus,
and how old is it. Mr. White indicated the truck that is going to the water
plant is a 1997 Chevy pickup. Council Member Genco asked if he would
be using an F150 to go back and forth to work. Mr. White stated all of the
service tech trucks were F150's. Council Member Genco asked if they get
to take them home for personal use. Mr. White stated only when they are
on call. Council Member Genco asked if the trucks stay at the plant
otherwise. Mr. White stated the trucks stay at the plant or in the garage;
but noted whoever is on call takes it home for a week at a time, and that is
• rotated between all the Staff.
35
Minutes -Village Council Regular Meeting 10/11/OS
Page 36
• Mayor Humpage commented when he was working on the surficial wells
a lot, that John that drives the truck with the crane, has to go out into
Tequesta Park and etc. He felt the water plant always gets the hand downs.
He noted those trucks take a beating. Council Member Genco pointed out
the decision was whether to bring another truck on, and not surplus
another vehicle. Council Member Paterno agreed if the Village is going to
buy another truck, they should surplus one. Mr. White clarified there are
two small pickup trucks currently not being used that the Village is going
to surplus. Council Member Genco commented when thinking about the
budget, that when the Village does not have the use of a vehicle, when
buying a vehicle, that one should go for surplus, because the Village is
paying insurance, and maintenance. She felt the Village needed to start
doing that.
Mr. White indicated he spoke with Mr. Roy Fallon, Water Plant Operator
and told him that if he did not need this truck, that he would need to
surplus this one, or one of the others in the fleet. Council Member Paterno
noted there were still two trucks that Mr. White does not use, and what
about the other vehicle. Mr. White clarified right now there are six trucks
being used, two are not, and they are going to surplus. He indicated the
two are small vehicles, and can not take the weight of the service parts
Staff carries around in their daily work. Council Member Paterno asked
how long have the trucks been sitting over there. Mr. White stated about a
• year. He noted there were other surplus items, such as the old building
department car. Council Member Paterno asked how many vehicles that
were sitting and not getting used that the Village is paying insurance on.
Mr. White felt they have been taken off the insurance because they do not
drive them. He indicated he would check with Mr. Dan Gallagher, Risk
Manager.
Council Member Genco felt they were all on the list for insurance
premiums. Mayor Humpage asked why not get rid of the vehicles when
they stop using them and paying insurance. Council Member Paterno
commented plus they have no where to park them. Mr. White commented
Staff tries to wait for an auction, so the Village could get something for
them. He stressed there was quite a bit of stuff piling up for surplus or
auction. Village Manager Couzzo noted an auction needed to be declared.
He commented instead of trading in at a dealer, the Village buys off State
contract. He noted the Village can not declare surplus unless Council
declares it as surplus. Mr. White noted usually once a year there is an
auction in Martin County, Jupiter or Palm Beach Gardens, and the Village
gets in on that. Mayor Humpage indicated he was ok with this, because
after talking to John he needs a vehicle, and his truck has been taken away
to pull the generator.
•
36
Minutes -Village Council Regular Meeting 10/11/OS
Page 37
• Council Member Genco indicated she was in favor of buying the truck, as
long as Staff surplused something. She mentioned she wanted to get these
vehicles that are not being used, off the insurance..
Council Member Paterno asked if Council at this time could direct Village
Manager Couzzo to find out all surplus by the next Council Meeting, and
have a list so that the Village could get rid of them, if they are not being
used. Village Manager Couzzo agreed. Council Member Paterno indicated
all vehicles, including Police and Fire.
Attorney Hawkins read for the record the title of Resolution 14-05/06.
MOTION: Vice Mayor Watkins moved to approve Item 22, Resolution 14-05/06;
seconded by Council Member Paterno; motion passed 4-0.
25. Budget Adjustments for the Month of September 2005.
Council Member Paterno mentioned he had some concerns in reference to
this item. He mentioned most of the budget adjustments for the most part
are legal items, in one form or another. He indicated two months ago
Council made an adjustment of $40,000 to cover legal bills, and at that
point he felt that would cover the expenses to the end of the year. He noted
there was only two months left, at that time, and now again another budget
. adjustment of $40,000 is back before Council. He felt the reason the
budget adjustment was done last time was to manage the budget and
hopefully take the item to the end of the fiscal year; and now he finds that
it is another $40,000, which ends up being about $200,000. He mentioned
he remembers Council Member Genco mentioning about six months ago
about $200,000 in outstanding bills. He commented he does not
understand what is going on. He stated he believes the adjustments should
not be made after the Village has already gone outside the budget. He
explained not just in this item, but he got the list of all the adjustments for
the year, and there are a lot of adjustments that go on, some of them less
than $3000 or $5000 that Council never sees. He noted budget is put
together by the department directors, and the Village Manager and then
Council approves it to help them with their plan in going forward for next
year. He felt by not sticking to the budget, the Village is not sticking to the
plan. He noted the budget is a tool, a guide for the Village to get to the
end. He thinks sometimes the budget is used as a checkbook, and felt this
is not the way to operate. He indicated he was very taken aback when he
received this on Friday, and then he had more questions, and so he wanted
to provide Council with a copy. Council Member Paterno suggested doing
the budget adjustment quarterly at this point, and have the department
directors review and plan what will be needed in their budgets. He felt
there should not be transfers in between just to meet a bill.
r~
U
37
Minutes -Village Council Regular Meeting 10/11/OS
Page 38
Vice Mayor Watkins noted she takes exception to saying it is a checkbook
situation. She felt it was insulting to Staff. She noted everyone is very
conscience of the budget, which is a working document. She felt Staff
works very hard to give Council the best estimate of what a department is
going to need. She indicated that is what Council approves, but it is also a
living document. She commented things are going to happen that may not
have been forecasted totally. She agreed with Council Member Paterno
that it certainly needed to be watched. She felt Staff does watch it, and
everyone watches it. She pointed out things can not be adjusted, at least
the one's over $5,000, without Council knowing, and the larger ones
without acting on them.
Mayor Humpage mentioned when he reviewed these he wanted to know
what the legal fees were and why they had increased so much to the end of
the fiscal year, when Council had already allocated money previously. He
indicated he went in to visit the Manager, and he looked at the legal bills
from August and September, and most of the money was not self-
generated by the Village; it was generated by the developmental issues. He
mentioned if you go back and look through the itemized bills, Council will
see that the majority are represented by developmental issues, for example
like the one previously addressed this evening. He noted the fees the
Village incurred in the month of August and September, besides the
development issues was the Competitive Negotiations. Council Member
• Genco pointed out that cost the Village $25,000, and Staff had to transfer
another $4,500. Mayor Humpage noted the bills were $21,000 in August,
and $17,700 in September. He questioned how the Village offsets $9,000
in developmental issues, with it being only one issue, and it was not
something the Village asked to for.
Council Member Genco indicated she understood what Council Member
Paterno was saying. Council Member Paterno commented it is $80,000 in
two months, and two months ago Council was told it was $40,000. He
explained there are still outstanding bills that have not been paid. Ms.
JoAnn Forsythe, Finance Director indicated there were bills still to be
paid. Attorney Hawkins indicated all invoices were in through September
30th from Jones Foster. Council Member Paterno noted there will be other
invoices coming, because the Village leaves an open door for a month for
Staff to back pay them in last years budget. Village Manager Couzzo
clarified Jones Foster has submitted all their bills through the end of
September. Council Member Paterno asked if that included arbitration
bills. Council Member Genco indicated it was $41,000 just for the
arbitration this year, and she felt that was huge. Council Member Paterno
noted there is more money outstanding on arbitration. Village Manager
Couzzo explained the Village has legal bills for labor issues that are not
Jones Foster. Council Member Paterno agreed, and noted that is not
included in these numbers, so Staff is going to need to allocate more
38
Minutes -Village Council Regular Meeting 10/11/OS
Page 39
. money. Village Manager Couzzo indicated that was correct. Council
Member Paterno pointed out this is $80,000 plus. He mentioned he
understands that Staff waits to the end of the month for the invoices to
come in, and there are 21 days left, and the Village is going to get more
bills, so Staff is going to have to re-appropriate more money.
Mayor Humpage agreed and asked how does the Village prevent some of
this, for example now the Jupiter Inlet Colony making the overture on the
street name. He pointed out sometimes the Village does not have a choice.
Council Member Paterno commented he understood that, but it is not just
this item, it is all the departments. He noted when Staff makes an
adjustment, it is not an adjustment up to that point, they have to look
forward for the rest of the year. He commented at that point two months
ago, Staff should have said we need $40,000, and then anticipate another
$30,000 or $20,000 to the end of the year. He indicated same thing with
the other departments when they make these adjustments for items only
they are not taking into consideration future billing. He pointed out they
are only making the adjustment to pay the bill and only bringing them up
to date. Mayor Humpage felt that was not the case. He commented when
Council reviews the budget, and each department head budgets what they
think it will cost them to run their department. He stressed there are issues,
and he did not think there was any department guilty of trying to pick the
pockets of the Village. Council Member Paterno noted he was not thinking
like that.
Mayor Humpage explained the department heads try to live within the
budget, for example, the Police Chief makes a budget, and has to be
cautious probably to be sure he covers his overtime, etc. He pointed out
when he gets into August he may need a new computer, and if he thinks he
has enough money left over at the end of the year because he has saved
money in overtime, he could use that money to buy the computer. He
commented but because it is over $5,000 Council has to approve it, and
since he has been frugal with his budget, the expenditure will not exceed
his budget.
Council Member Genco commented that was not what Council Member
Paterno was saying. She explained what Council is looking at on an
annual basis, for example, on legal fees is $100,000 and that is what Staff
is budgeting. She noted what is happening is Staff is six months into the
year, and the Village has already spent the $100,000. Mayor Humpage
commented maybe not by our choice. Council Member Genco stressed
that is not the point. She explained originally there was $100,000, at six
months it should have cost the Village $50,000, so if you are six months
and have spent $100,000, you still need another $50,000 to over the rest of
the year. She noted Staff was not anticipating that.
39
Minutes -Village Council Regular Meeting 10/11/OS
Page 40
Council Member Paterno stated that should be budgeted when Staff makes
the adjustment at six months. Council Member Genco stated the minute
you know you have already spent it at month six, you need to look at the
entire budget. Mayor Humpage explained Council should say to
themselves, that they are just as guilty as the department heads. Council
Member Genco stated how does Council know. Mayor Humpage stated
how does the department heads know. Vice Mayor Watkins felt
sometimes they can not predict. Council Member Paterno noted they do
not predict, but they are the people in that situation. Council Member
Genco commented there are certain big-ticket items that have to be looked
at that way. She felt Legal was a great example. She explained to make it
simpler, the Village has to spent $10,000 a month on legal bills, at the end
of the year that is $120,000. She pointed out if the Village ends up
spending $120,000 at month six, you know you still need $10,000 a month
for the remaining months. She stated that is the appropriate time to look at
the budget, and make budget adjustment, which is what Council has asked
them to do, so that Staff knows where to go. She commented the minute
Staff sees that the budget is getting tight, that the Village has already spent
$120,000 on six month, Staff really needs to take a close look at what we
are doing, and why are the expenses getting so much higher than what was
projected, and is there anything that could be done differently. She noted
for example, say the Village has arbitration, maybe instead of arbitration,
maybe the Village should consider mediation.
•
Council Member Genco stated if you look at the fact that the Village has
to spend another $30,000 on something, it is time to settle, because the
settlement costs would only be $20,000, and the Village would say money.
She felt Staff needed to anticipate at the minute you see you are getting
short. She noted that is what is happening that the Village is coming up
short on these budget items, and Staff is not going .back and re-budgeting.
She felt that was what Council Member Paterno is trying to say. She stated
it is not meant to be critical, she noted she does not believe any one of the
employees is spend thrift with the Village's money. She stressed the
employees are loyal, dedicated, and there was not one person that she
herself would not hire if she had the need. She felt Staff needed to be
better at anticipating these things, when there is a budget issue, and try to
get a better handle on it. Council Member Paterno commented for instance
in the scenario in Legal, the Village has no money left, and everyone
knows we need $60,000 to get to end, if nothing else happens. So Staff
does a budget adjustment. He felt Council should take into consideration
when Staff comes to them, and wants to do something, that they know
already that $60,000 has been taken out of the Village's cash account and
applied it. Council Member Paterno felt was it happening, and it was for
the Manager to make a decision. He felt Council needed to know all that
information, because as it accumulates in all the departments it could be a
lot of money, it could be a few $100,000 dollars.
40
Minutes -Village Council Regular Meeting 10/11/OS
Page 41
. He commented what ends up happening, Council is making decisions to
do Capital improvements, potentially, that everyone could be surprised
how much it is going to cost at the end of the year, between the
improvements and this and that. He noted it is information for Council to
better manage these issues, and for Staff to see what is happening. He
pointed out for example, the Siegel Case, the Village is still getting billed;
he questioned should it have ended at the time the Village sold it, and how
much has the Village been billed since then. He questioned they need to
look at the decisions the Village has made to do a better job in the future,
not just perpetuate the problem. He commented Staff can look to see what
went wrong, why they did not have enough money; or if the department
has more money at the end of the year because they did not purchase
something, maybe they did not need it this year, and could budget in next
year. He felt the budget is a tool, and that it is not being used for what it is
made for.
Mayor Humpage commented when Council sets the budget, they ask the
department heads to give input on what they think will be their basic good
faith estimate of what it will cost them to run that department. He felt in
95%-99% of the time those department heads come in on the nose. He
asked the Finance Director how much did the Village have in surplus that
was not used in the budget, according to the report at the last Council
meeting. He commented he believed it was about $200,000. Council
. Member Paterno asked if it was the $600,000 they were speaking of.
Village Manager Couzzo noted he was speaking of the money budgeted to
the actual amount spend. Mayor Humpage commented the Village had
over $200,000 of the budget that was not used as of September 30,2005
put into the 2005/2006 budget. Council Member Genco pointed out they
had to rollover to pay for the projects, because they were not paid for in
2004/2005.
Ms. JoAnn Forsythe, Finance Director explained all comments Council
had made were really good points. She commented the budget is a tool, a
managing tool, and Staff puts in a management plan of where they think
they are going to spend money. She mentioned it is not static; it changes
as the needs of the Village changes. She indicated a problem has come up
for Staff also, because Staff has only been directed to do budget transfers
twice a year, but then the Village is stuck because Finance can not pay,
and the vendors start screaming, and the department directors can not pay
until six months into the budget. She explained in talking to Council
Member Paterno he came up with the idea, and she went to the Village
Manager to maybe sit down with the departments quarterly, and take a
look at the budgets and figure out what it would take to get through the
next three months, and what it would take to get through the end of the
year. She thanked Council for giving Finance an extra Staff person so that
she could get more work done.
41
Minutes -Village Council Regular Meeting 10/11/OS
Page 42
Council Member Genco asked if the department heads get a copy of their
budgets every month, so that they know what they have spent, and how
much they have left. Ms. Forsythe indicated they receive a revenue and
expenditure report every other week showing everything to date by line
item. She mentioned the Police and Fire keep very good AP records.
Council Member Genco indicated they are getting it every two weeks. Ms.
Forsythe agreed, and noted it is very difficult doing the budget transfers
only twice a year. Mayor Humpage indicated he could see that happening
in house with the individual departments, but noted when it comes to
Legal, one of the things he has been trying very diligently, besides writing
letters, etc. is to try and avoid litigation on the street. He pointed out he
has been talking to more people just to avoid litigation. He noted the Legal
was going to happen, and more money will be needed to cover the cost.
Council Member Genco agreed the society is becoming more litigious, but
noted the Legal bills have overrun by 100% for almost the last three years.
Mayor Humpage asked in all fairness to look at the legal bills, and
determine what legal bills were generated by the Village, and what legal
bills was generated because the Village was forced to defend its position.
Council Member Paterno noted that was another subject, but what he is
saying, if the legal bills for the past three years have been over by 100%,
then Council needs to put more money into that fund. Mayor Humpage
commented Council did not want to do that last year, or this year. Council
Member Paterno commented it is to train Council people, and to train the
other people. He felt everyone needed to do a better job to utilize these
tools that the Village has to do a better job for the community. He noted
some of these things, for instance, in legal or something, that if you do run
over your budget, it should be looked at, and why did this happen. He
mentioned is it someone from the outside; or is it somebody from the
inside that is not looking at it, and really not taking care of the problem.
He felt there were times when they needed to hold someone accountable,
why did this happen, so that they can eliminate the problem.
Mayor Humpage agreed, and noted one of the issues is Legal. He noted
Council talked about it at the budget hearings last year. He explained he
does not want to give the Attorney any more money than Council has to
give him. He indicated he does not want to put $200,000 in legal and have
it sit there, if it is not required. Council Member Paterno noted that maybe
Council needs to analysis what is generating the bills. Mayor Humpage
felt these bills were not self-generating. Council Member Paterno agreed,
but noted at the same time look at, like Council Member Genco
mentioned, if there is something going on and it just keeps perpetuating
then the Village needs to settle and get out of it because it would be in the
best interest of the community. He noted by doing this over and over, the
Village is not dealing with the problems.
42
Minutes -Village Council Regular Meeting 10/11/OS
Page 43
. Attorney Hawkins commented he has been doing this work for 20 years,
and the Village Manager is one of the most sophisticated acquirers of legal
services that he has encountered. He felt Council may not agree with that,
but he is a lawyer that is working for a corporate clients, little
governments and big governments, and he means that sincerely. He noted
he does not get indiscriminate calls from the Village Manager about going
off on boondoggles. He indicated he also does not get them from Staff.
Council Member Paterno noted at this time his comments are not
necessarily about legal. He indicated he is speaking as a whole, that there
is a lot of issues that come up that the Village needs to look at and say
why. He commented to see what mistake was made to do a better job in
the future. He indicated he was not trying to pick on one person, it is
everybody, that the Village just needs to do a better job training and
working towards the goal. Council Member Genco noted if you look at the
legal bills, it is not just the stuff relating to Jones Foster. She felt when
Council and Staff was doing the budget, they were not looking at the
Legal bills for Planning, Personnel, and all of these other areas. She noted
those bills are literally doubling Attorney Hawkins bill. Attorney Hawkins
noted he picked up on that. Council Member Genco indicated that is what
is happening, so maybe that one item the Village could cover better. She
noted on the interdepartmental issues everybody is going to miss
something now and again, and everyone can not anticipate every expense.
She commented when you have a big item that you know is going to be
$50,000 or $100,000 those are the issues that Council needs to come back
in and readjust the budget, and do better projections. She noted those add
up, and that is a good chunk of the budget.
Mayor Humpage explained he felt Council made a wise decision tonight
regarding legal fees. Council Member Genco agreed. Village Manager
Couzzo indicated he would be happy to budget anyway Council would
like it done. Council Member Paterno commented when a line item is
down to $0, Staff needs to come up with a plan to have everyone start
saving. He stated we need to find out why we are at $0, evaluate it, and
see if there is something that could be done differently in the future. He
mentioned Staff should say they need more money. Vice Mayor Watkins
suggested Staff could do that at the end of the six-month period, and if the
budget is down, have Staff evaluate the situation. Village Manager Couzzo
commented most of the transfers that Council is seeing, other then legal,
are line transfers, from one line to the other. He noted all the department
budgets are not even close to being over, and they are all under without
exception. He noted the way the Village does their accounting that way
and Staff makes sure each line is not exceeded. He mentioned for
example, this past year Staff budgeted for gasoline, and now the prices
have gone up, Staff needs to make adjustments to cover the additional
costs. He indicated Staff waited during the year to see if they have savings
43
Minutes -Village Council Regular Meeting 10/11/OS
Page 44
. in other line items, and then transfers the money, so it balances things out.
He pointed out legal is an entirely different thing, that Staff can not
anticipate what is coming on the horizon. He noted for the most part Staff
does a lot of the legal work on labor to minimize the impact. He explained
the legal went over more than Staff ever thought it would. Council
Member Genco commented if you are at month six and Staff sees that they
have spent 90% of the money, Staff should be coming back to Council at
that point in time.
MOTION: Council Member Genco moved to approve the Budget Adjustments for the
Month of September 2005; seconded by Council Member Paterno; motion passed 4-0.
END OF ITEMS REMOVED FROM THE CONSENT AGENDA
VIII. COMMUNICATIONS FROM CITIZENS -Moved to VII (b)
IX. COMMUNICATIONS FROM COUNCIL
COUNCIL MEMBER GENCO
- Golf Carts -She mentioned she spoke with Assistant Village Manager
Bob Garlo about it yesterday, and the Village is beginning to have a little
• bit of a problem, particularly in the Tequesta Country Club area. She
indicated about two to three weeks ago she saw 8 or 9 children piled on a
golf cart at night on Tequesta Drive. She pointed out she spent about 3
hours on this issue today with people calling her. She noted a lot of people
are seeing a lot of problems. She explained there is an existing rule that
requires any vehicle that is used on a public road has to have a license tag,
and has to have a licensed driver. She pointed out golf carts are not
suppose to be driven at night, unless they are particularly equipped, and
they should not be using public roads if they do not have a license tag. She
suggested asking the Village police officers to start patrolling; and start
giving out warnings to people that are obviously not on their way to the
golf course to play golf.
Mayor Humpage asked if the Village could do that. He noted he has a
friend who will go to see his neighbor and put the clubs on the golf cart,
like he going to play golf. Council Member Genco commented if it is at
night he should not be out. Vice Mayor Watkins noted it was interesting
that Council Member Genco brought this up because she had a
conversation with the Village Manager earlier in the week sort of the same
issue, except that hers was a daytime issue. She commented what is
happening there are children down there riding these carts. She indicated
this was a safety concern, because there will be four, five or six young
children, not sitting, but standing or hanging off the side of the golf cart.
44
Minutes -Village Council Regular Meeting 10/11/OS
Page 45
. She mentioned what if one of these children falls off, and an oncoming car
gets them. She stated her question is, is the Village liable in any particular
way because of a law or whatever regarding golf carts, and that the Village
could end up being sued for the behavioral problems the Village has
because of these golf carts being used. She mentioned that is her issue, and
she is very concerned about these children falling off these carts. She
stated at the minimum she would like to see the Village have in the
newsletter what the rules and regulations are for golf carts, so as to
educate the citizens, for example, age, number of people, hours of
operation, etc. She indicated she was real concerned about the safety and
the liability. Village Manager Couzzo agreed they could certainly do that.
She commented that is the almost like the case regarding the monumental
mailboxes, and who would be liable. Mayor Humpage agreed, and
indicated this could be another boat issue. He noted the law as it exists at
this moment is you do not drive your golf cart in the Village of Tequesta,
whether daytime or nighttime, or wherever they are going.
He commented it has been expressed by many people in the community
his evening that it is a golfing and boating community. He felt there are
methods to ensure people's safety to be sure the vehicles are driven within
the municipalities, given the authority through State statute, that they can
amend their roadways provided it was save to drive golf carts on. He
• commented he did not have a problem with that, that it is open for
discussion. He indicated he was sure there are plenty of people who live in
Tequesta that would like to take their golf cart from their driveway over to
course. Council Member Genco commented if the Village had wide
enough sidewalks that people could safely drive on there would not be a
problem. Mayor Humpage commented a golf cart and a sidewalk; that is
all the Village needs. Council Member Genco clarified in a special lane, or
something she would not have a problem with it, but this community does
not have the kind of easements, and most of the roads are only one lane in
each direction. She pointed out to have a golf cart trying to share the road
with a vehicle it is dangerous no matter what the Village does. She felt the
community is not laid out for golf carts. She felt Council needs to do their
best to keep golf carts off the roads, unless they have the business of going
to the golf course. Mayor Humpage noted he did not know if he would
want to sanction them. Council Member Genco mentioned she was not
saying she wanted to sanction that, but when you see a 60 year old man
with golf clubs on the back of his vehicle, and he is crossing the street and
going two blocks to get on the golf course, he is not the kind of person that
the Village should be worried about. Mayor Humpage indicated if you
stop the person just driving down the road to see his neighbor. Council
Member Genco pointed out he has a driver's license, and he can be
accountable.
•
45
Minutes -Village Council Regular Meeting 10/11/OS
Page 46
• She explained the Village police officers are not fools, that they would not
do that, but when you see a 12 year old, and an 8 year old that do not have
a driver's license, and does not know how to drive a vehicle, and it is night
time and they are out on the road; she. stated they do not belong there. She
felt the officers need to do what they can to get them off the roads. She
commented they are not only dangerous to themselves, but dangerous for
anyone else on the road. She stressed she did not want to hit one of them.
Vice Mayor Watkins commented she felt it was a paternal issue. Council
Member Paterno commented he would address this issue because he lets
his children drive the golf cart. He indicated he understands Council
concerns, and that he has concerns. He explained he tells his son that if
there are more than 3 people in the cart, and if he is not driving that the
cart will be taken away from him. He mentioned at the same time he uses
it and many of his neighbors use them to go back and forth from one
house to the other, or to the golf cart. He agreed it had to be curtailed
somehow, because some of the children, even the teenagers are getting a
little out of hand. He commented if he understood earlier what he was told
the Village could allow golf carts if they so choose. Police Chief Steve
Allison agreed that was correct. Council Member Paterno commented this
has been going on for 40 years. He noted at the same time, he agreed
something needed to be done. He asked what. Vice Mayor Watkins agreed
• the issue needed to be reviewed.
Mayor Humpage suggested a Workshop on the issue. Council Member
Genco noted maybe the Tequesta Country Club wants to look at putting a
special sidewalk in to link it up with all the streets so that people can drive
their golf carts. Vice Mayor Watkins commented it is a very broad issue
and the Village has to look at a lot of things. She noted her personal issue
was not so much with adults riding golf carts; it was with the children,
because someone is going to get killed, and how to deal with that safety
issue. She indicated she is not saying anyone is bad parent, it seems to be
growing with the number of children on the golf carts, and that they are
younger and younger. Council Member Paterno noted it was like a lot of
other issues going on, once one does it the next one does it, a 15 year old,
a 12 year old, before you know it ten-10 year olds are riding on them, and
hanging off the back. He agreed Council needed to set up some
parameters, and that is what everyone will have to live by. Council
Member Genco felt the Village has never had this many children living in
Tequesta.
Council Member Paterno commented another issue will be the electric
scooters. He commented the world is changing a bit. Mayor Humpage felt
the Village needed to encourage the parents to speak with the children,
• and do due diligence.
46
Minutes -Village Council Regular Meeting 10/11/OS
Page 47
• Council Member Paterno noted there are some children just out there
riding around, and then there are others just going to the dock to go
fishing. Council Member Genco indicated it would be nice for the Village
to do a little soft enforcement on that issue, and possibly take it up at a
workshop.
- American Kennel Club -She mentioned the Village Manager had make
copies for Council on the American Kennel Club resolution. She indicated
they have already gone through legal, so the Village may be able to take
something out of the text, instead of having to spend a lot of money
making their own. Mayor Humpage noted it may save legal fees. Council
Member Genco commented if there is a good template; why not use it.
Mayor Humpage noted in 17 states, there is only one state, Ohio that
actually had a "breed" ban. Council Member Genco felt the resolution also
held the owners responsible, which is what it should be. She indicated she
did not know where Staff was at on this issue, but they could take some of
the language from the resolution and apply it to the Village.
- Boat Ordinance -Asked whether Council was going to encourage a
workshop now for the public to help with the revision to their proposal.
Mayor Humpage felt Council should have something. Village Clerk
Carlisle indicated Planning and Zoning Advisory Board at their last
• meeting recommended Council hold a workshop regarding the boat issue.
She noted that is where the people in the audience got that idea. Council
Member Genco asked whether Council would want P&Z Board to have
their own workshop, and come up with some proposed revisions.
VICE MAYOR WATHINS
- Boat Ordinance -She mentioned Mr. Jeff Leslie who spoke this evening
had called her on a couple of occasions. He had worked with a group of
nearly 50 people and tried to come up with what they consider are
reasonable options. She commented a suggestion was made in that
meeting that possibly some citizen involvement would help. She noted her
idea was to get them together and figure out a plan, and what would be a
rational thing, and bring it to Council. She mentioned it was to try and get
good verbiage so everyone can live with it, and have it fair for everyone.
She indicated they were passionate enough about it, that she felt like they
wanted to get some restrictions in place, but not have it so severe, like a
happy medium. She noted they are willing to work amongst themselves,
they just want some input, and if Council could somehow facilitate that.
She felt this may be the time to have a committee formed to discuss this
and bring forward some ideas. Council Member Genco suggested maybe a
public advisory board, since Vice Mayor Watkins had spoken with them
• personally. She felt maybe the Village could contact all the people who
wrote letters and ask who would be willing to work on an advisory board.
47
Minutes -Village Council Regular Meeting 10/11/OS
Page 48
• Council Member Paterno commented he agreed, and explained there were
two things he thought of doing: 1) that it goes before the P&Z Board, (The
Board was established to do this for Council) and talk it out. Vice Mayor
Watkins suggested once the group has worked it out. Council Member
Paterno agreed, and noted the only thing is: 2) felt it might be in the best
interest to wait until the new Staff member started, because she may have
good input to help the Village solve some problems real quick. He
understood her to be very knowledgeable. Vice Mayor Watkins noted
Council would certainly want it opened to non-boaters also, and that it
should not just be the Country Club, this should be Village wide.
Council Member Paterno suggested that it go through the P&Z Board.
Vice Mayor Watkins indicated she just wanted to bring it to Council to see
if it was important enough of an issue. Mayor Humpage pointed out the
new Community Development Director is from a community where there
is a lot of boating. Council Member Paterno agreed she may be a good
person to come up with some ideas to help Council. Vice Mayor Watkins
asked what would be the best way to put this on the agenda to set up a
committee to get started with this. Council Member Genco suggested
following what Council Member Paterno said to put it on the Planning and
Zoning agenda, and let them drive this whole thing, and let them get
together a public advisory board. Vice Mayor Watkins stated as long as it
is well announced so everyone can attend whether they have a boat or not.
Council Member Paterno suggested they were going to bring it up at the
November P&Z Board Meeting; he suggested they wait until December so
the new person could have time to catch up on the issues. Vice Mayor
Watkins agreed she would rather wait and get it right. Mayor Humpage
suggested Council may want to consider waiting until January when all
the residents will be in town.
Council Member Genco commented if they start on it now that maybe
they would be ready to bring something publicly by January. Council
Member Paterno felt it would not take Staff that long. He commented how
does Council address the issue, because they have created a little bit of the
problem, because the old code said you could not see the boats in the
Country Club. He indicated the Village has allowed that for a few years,
and boats have moved in. He felt at the same time, the Village is going to
have to accommodate some of these people because it is not their fault that
they are in this position. He felt they may have gotten bad information;
that is what he was told. He commented at the same time Council does not
want more people moving in perpetuating the problem farther. He
questioned how to deal with the people today that are not meeting the
code, and all future residents that have to live up to the code, until Council
can establish if there is going to be a change, and what it would be.
•
48
Minutes -Village Council Regular Meeting 10/11/OS
Page 49
• Council Member Genco suggested placing a reminder in Smoke Signals
regarding the current code, and that it does not allow boats to be visible.
She commented and let them know the Village is aware of the problem,
however Council is working on revising the code. Mayor Humpage
suggested maybe some type of rule that the new people will not be
allowed after a certain date, and grand father in the current people.
Council Member Genco pointed out what Council Member Paterno was
referring to was that at least 50% of the people are already violating the
code. Mayor Humpage agreed. Council Member Genco commented that is
the problem, so you do not want to be remedial to somebody because they
have been allowed to get by in breaking the code. She felt everyone is
upset right now, and why not let them know right now what the existing
code is this, and that the Village is in the process of revising the code. She
felt that way at least if someone has a boat, they are on notice that the boat
is violating the existing rules. She commented maybe it would encourage
more people to attend the workshop.
Council Member Paterno felt the problem is the height, because they are
going over the fence and the hedge, but at the same time, the Village has
people with no fences, so they are not even attempting to abide by the
code. Mayor Humpage noted code enforcement should deal with that
now. Council Member Paterno agreed, but noted at the same time if the
• people are trying and have a six foot fence, and that is all they are allowed,
but they are up 10 feet, does Council just give them a pass because they
have already purchased the boat and it is already there, but in the future, if
someone buys it tomorrow they are not bringing a boat in. Council
Member Genco commented it is very possible when they come up with the
new rules, whatever they are, there will be some boats that do not meet,
whatever the new rule is, and the rule will have to adopt some kind of
grace period. She felt then those people would know that within 6 months
or a year that they are going to have to comply. Mayor Humpage noted
just like Ordinance 377, the landscaping where they had to comply.
Council Member Genco indicated that is part of what they have to develop
when they figure out the new rule.
Mayor Humpage suggested also what Council might want to consider in
deliberations is when the Village tries to annex properties, one of issues
that the property owners who are annexing into the Village have are the
Village ordinances. He mentioned Council has said that they would
consider giving them a grace period to come up to speed with our
ordinances. He felt what the Village was offering through annexation, they
should offer to the current citizens. Vice Mayor Watkins commented it is a
complex issue that just needed to be looked at.
49
Minutes -Village Council Regular Meeting 10/11/OS
Page 50
X. NEW BUSINESS
27. Council consideration of October 25, 2005 at 9:00 am for the next Council
Workshop Meeting on Council's Goals and Objectives.
Mayor Humpage noted he read all of Council Member Genco's goals and
objectives into the record at the last meeting since she was out of town.
Council Member Genco indicated her goals were the ones that Council
was to give to the Village Manager, not her personal goals. She felt there
was a difference. Mayor Humpage pointed out these are the Council's
goals and objectives. He commented she had several in there. Council
Member Genco noted she had some, but those were supposed to be the
ones that were given to the Manager, not her personal goals. She indicated
it was from a different perspective.
Council Member Genco indicated she thought everyone was set for this
date. Village Clerk Carlisle mentioned there were four members that could
make the meeting, except Council Member Resnik, due to illness.
Council Member Genco asked how Council Member Resnik was and if
anyone had talked to him. Mayor Humpage and Council Member Paterno
indicated they had spoke with him today. Council Member Paterno noted
he just got home yesterday, and he feels good and wants to say hello to
everyone, that he had his 13`h radiation treatment today, and the pain is
away which is a good thing.
MOTION: Vice Mayor Watkins moved to approve October 25, 2005 for the next
Council Workshop on Council's goals and objectives; seconded by Council Member
Genco; motion passed 4-0.
XII. ANY OTHER MATTERS -None
XIII. ADJOURNMENT
MOTION: Vice Mayor Watkins moved adjourn the meeting; seconded by Council
Member Genco; motion passed 4-0.
Therefore the meeting was adjourned at 10:30 P.M.
-~ ff _.
• Ewen Carlisle
Village Clerk
50