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Home My WebLink AboutDocumentation_Regular_Tab 04_07/14/2005 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JUNE 9, 2005 I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Jim Humpage at '7:03 P.M. A roll call was taken by Gwen Cazlisle, Village Clerk. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Edward D. Resnik, 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 Cazlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Watkins gave the invocation, and led the pledge of allegiance to the flag. III. PRESENTATIONS Mayor Humpage indicated he spoke with Police Chief Steve Allison regarding adding a new presentation to the agenda. He noted Item 4, Display of new ambulance with now be the fifth presentation Item 5.1. 1. Presenta.tion concerning the installation of the fence/gate near the intersection of Tequesta. Drive and Country Club Drive - Yaeht Club Place residents: Mr. Richazd Bonard and Mr. Dana Anderson Mr. Richard Bonard, 32 Yacht Club Place, Lot 600, mentioned Mr. Anderson was on vacation and would not be present at the meeting. He indicated his Attorney Mr. Girvin was also present. He gave a brief overview of the process that has taken place to date on the abandoned easement to the rear of his home. He explained he purchased this lot in 1964, and the reason he bought the property was because it was a good place to raise his children, it was on a dead end street and had. a right-of- way/easement to the rear of the house, which allowed him to park his truck and boat. �Ie indicated when he bought the lot, Country Club Drive extended to the edge of his lot, and turned north as Rio Vista. He noted that was thc same time as Dr. Johnson abandoned Ria Vista, and abandonec� the eastem 30 foot of the 60 foot right-of-way. He noted in 1999 Council abandoned the southern extension of Counhy Club Drive. He mentioned there was not a problem until Mr. Walker physically blocked the entrance with large rocks, and got a fence permit for the easterly 15 feet. Mr. Anderson, Mr. Scoville, and himself retained Attorney Bill Wood to research the reasons far the abandonment. Minutes - Village Council Regular Meeting 06/09/OS Page 2 Mr. Bonard indicated Mr. Wood found two items: 1) even though the Village abandoned publie access there was an implied easement; and 2) if there was a peripheral road within a platted development, and if the platted road was abandoned the property goes to the people within the plat. He mentioned at the time Mr. Walker blocked the right-of-way, the abutting property owners got together, except for Mr. Willie, and did a contract, which told how they were going to pay for Mr. Girvin's fees, and to mutually allow each other to use the 30-foot right-of-way. He noted that was considered the homeowners agreement. He noted the properiy rights of Mr. Walker, and his use the right-af-way was challenged in court, and both cases were won as summary judgments. - Mr. Bonard noted the current status was the Village had decided to block the access, and place a fence over the right-of-way. He noted a lot of money was spent to win this right-of-way in court, a.nd that it should not be taken away. He indicated the only request that Mr. Anderson, and himself were asking for was to receive a key to the gate so they come and go through the gate at any time. He felt the Council had made some decisions based on misinformation. He noted he read the minutes of the February, and March Council Meetings, and felt the letters and minutes were grossly misrepresented, he mentioned under the Village Code private roads were for new subdivisions, not eacisting subdivisions. He noted Tequesta. Country Club was piatted in 1956, and the Village was ehartered in 1957. He felt the platting preceded the Village and it's ordinances. I-Ie noted there was a private road in the Village called Bay Harbor Drive. He commented in. the Council minutes it mentioned the Village liability, in which, he felt there was no liability to the Village. He pointed out the intersection of Tequesta Drive and Counhy Club Drive had curbs, and a stop sign, and felt it was an intersection. He noted the letter from Lt. Merrill indicated the property owners were trespassing. He indicated he did not understand the word trespassing in this case. He noted there also was no lease agreement as mentioned in the minutes between the Village and ENCON, and that the County had it as tax exempt, so he was assuming ENCON owned it, He mentioned when the fence/gate was installed Mr. Bracei had ta show Staff where the fence had tca be installed, so it did not encroach on to his property, because he had the quit clai� deed from ENCON. Mr. Bonard mentioned he understood the fence/gate was placed there for safety reasons, and questioned how Council could make this a safety issue. He explained a check was done from the Police Department dat�base, and there had anly been three accidents at the intersection in. over ten years, He mentioned he knew there were many more accidents before it was made a four way stop. Mr. Douglas Girvin, mentioned he was the Attorney representing Mr. Bonazd in the lawsuit against the other homeowner's. He pointed out the parcel he was referring to on the plat. 2 Minutes - Village Council Regular Meeting 06/09/OS Page 3 Mr. Girvin _ indicated the parcel he was referring to was the southern extension of Country Club Drive. He noted the lower portion of right-of- way was replatted by the original developer to give Mr. Bonazd an extension so that he would have access to the southern end. He distributed a copy of a landscape plan that was to scale that showed what was actually built there. He mentioned the entire right-of-way was 35-40 feet from the north end of the abandoned property all the way to the edge of the existing pavement, and that it was very obvious someone could pull aff the road, and cleaz any on coxning traffic. He distributed some letters to Council that unequivocally confirm that Attorney Wood actually assisted Mr. Bonazd and the people on the left side of Tequesta. subdivision in resisting the abandonment. He pointed out in the letters, that Mr. Wood notified the Village well in advance of the posirion of the Tequesta. lot awners. Mr. Girvin indicated Council inherited the problem, that they did not create the groblem, and that he was here to keep Council from exasperating the problem. He mentioned at the time it was abandoned Mr. Walker who lived in Bay View Terrace applied for a fence permit that would allow him to put a fence halfway out into the easement. He noted once the fence was erected there was no access to the easement. He mentioned the Village's attorney at the time noted the property owners should not be allowed to erect a fence in the easement, because the Yacht Club property owners owned it. He noted Staff ignored that direction and issued the fence permit, and that was the start of the lawsuit. He mentioned after four years of litigating the property owners on the left side of the easement (Yacht Club Place) prevailed. He mentioned Mr. Willie placed a fence acrass his property cutting off access to 1VIr. Bonard's properiy, and in another court case Mr. Bonard prevailed, and Mr. Willie had to remove his fence. He asked Council, as a simple soltttion, to give a key to the gate/fence for access to Mr. Bonard and Mr. Anderson. He felt there was na legitimate public safety issue, and no reason at thxs point and time to not allow them access to the easement. He indicated if the Village had a liability issue, he assured the two property owners would be more than happy to release the Village of the liability. Atkorney Girvin suggested the Village would have to discriminate between lot owners, because the rights of these people, who do not want the access, including Mr. Willie, are superior to the rights of Mr. Bonard a.nd Mr. Anderson. He felt there were no legitimate poliee pawers that could be exercised here, because there was no legitimate basis for it. � Attorney Jim Ryan, resident of Tequesta. fram 1970, rnentioned he now lives in Heritage Oaks, but was involved in the abandonment application on behalf of the people who lived in Bay View Terraee, and the liti�ation mentioned. He indicated he also wanted to speak on behalf of a number of people who were not parities to the lawsuit when it was finally resolved, such as, the neighbors of the two people wanting keys. He indicated some 3 Minutes - Village Council Regular Meeting 06/09/OS Page 4 of the property owners felt they were dubbed into signing the agreement, with the understanding it was going to be a mutual agreement, and it never was a mutual agreement because Mr. and Mrs. Willie never signed it, in which it never became a fully executed document. He pointed the reason the litigation took four years, was because no one really pushed it, and it just sat and lingered. He commented he represented Mr. Walker, in his ownership issue, and Mr. Willie, in which either one wanted to spend money regarding the easement issue. He commented the judge ruied against Mr. Walker, and in favor of the lot owners on Yacht Club Place since most of the lot owners had gotten deeds in advance. He commented he felt the lat owners on the Yacht Club Place side no longer wanted the access behind their homes, except Mr. Anderson, and Mr. Bonard. He mentioned the decision against Mr. Willie was whether or not there was an easement vver Mr. Willie's property. He mentioned he did not get the entire 30 feet, and there was nothing in there that the easement was for vehiculaz txaffic. He noted they made mention that the police powers not be applicable because they existed before the Village. He mentioned if someone were to follow that lagic, police powers would not apply to them even though they are within the boundaries of the Village of Tequesta. He indicated a dispute between two property owners should be settled in court, and that would be the circuit's court problem, not the Village's problem. He reiterated some of the people who were originally opposed to the abandonment, were now in favor of it. He felt there were very legitimate reasons why the gate should be closed, and if the Council gave keys to some there would be no control over who got keys. He felt everyone would be better off if the gate was kept locked and under the Village's control. Ms. Roxanne Harvey, resident of Yacht Club Place stated she moved in December of 1999, and in January of 2000 Council wanted to abandon the easement. She commented Mr. Anderson and Mr. Bona.rd had the homeowners sign a petition, and 9 were in favor to keep it open and 4 were to abandon it. She stressed the majority did not win, because Council � abandoned it because of liability and safety issues. She mentioned now there were 10 homeowners, 6 in Tequesta Country Club, and 4 in Bay View Terrace that supported Council's decision to install the locked gatelfence to be opened only for poliee, fire and Florida Power and Light. She felt absolutely no key should be dishursed, because the Village wouid not be able to control the access. She noted when the homeowners agreement was signed they had no idea about the Tequesta codes stating there were no private roads. She felt it was dangerous to people walking on the sidewalk, because the vehicles �ave to cross t1�e sidewalk to aacess the easement. She felt for safety purposes Council should stay with their decision and keep the gate locked, and not distribute any keys to anyone, even for an emergency. 4 Minutes - Village Council Regular Meeting 06/09/OS Page 5 Mr. Bill Scoville, resident of Yacht Club Place distributed a handout regarding a layout of the lots abutting the easement. Mr. Scoville noted he has been involved in the right-of-way issue since 1966 when he moved to Yacht Club Place. He indicated he attended the 1991 Council meetings when the abandonment issue came up for the first time to Council, and Council did not abandon the easement. He noted he then attended the meetings in 1999 when Council abandoned the right-of-way, for safety and liability issues, in favor of the property owners. He indicated at the Council meetings it was the Bay View homeowners who were concerned abaut the safety and liability issues. He referred to his handout and noted the homeowners on Lot 4 and 9 were concemed, because there was an open section between Lots 9 and 10 that vehicles could go left into Bay View Terrace, and exit. He indicated he has used the easement for 25 or 30 years, and it was hard to put it down. He noted he fought in the South Pacific against the Japanese, and knows what freedom is, and felt Cauncil was taking away his rights away. Mayor Humpage asked Mr. Scoville if he was in favor or not in favor of the fence/gate. Mr. Scoville indicated he was in favor of the fence. He indicated if he had known at the time that private roads were not allowed in Tequesta he would not have signed the lot owner's agreement. He mentioned he had a�cess to the side of his property that the other homeoumers did not have, and he could have saved $8,000.00 in attorney fees. He thanked the Council Members for abandoning the right-of way for a second time when they installed the locked gate/fence on the property owned by the Village to prevent and safety and liability issues. He pointed out if the Village rernoves the fence or unlocks it for any of the 13 lot owners, it would be a direct conflict with the no private roads allowed in the Village of Tequesta. He explained he stopped using the easement, however, Mr. Anderson never stopped using the road until the Village closed the area. Mx. Girvin asked Council if they could have time to rebut the issue. Mayor Humpage indicated everyone ha.d their opportunity and the item was now closed. 2. Presentation of Hannah's Home for Young Women in Crisis Pregnancy. Mr. Robert Garlo, Assistant Village Manager introduced Ms. Cazol Beresford. He mentioned Council Member Genco had heard recently of Carol's projeet, Hannah's Home, and asked that she speak to it publicly. He indicated it was one remarkable example of what one women's vision could accomplish. He read from the 2003 Women of Achievement Award that was given to her, as founder and president of the Board of Trustees for Hannah's Home. He read: "After receiving a ca11 from Mr. Dave Barr, who would donate funds from the sale of a model home to get Hannah's Home started. After many other donations, and much hard work, Cazol's dream became a reality. The mission of the home is to provide a respite 5 Minutes - Village Council Regular Meeting 06/09i05 Page 6 for young women in crisis pregnancy where they can continue their education, and vocational leaming, and become better equipped to make Iife long decisions. At Hannah' Home the women axe given timeout for their normal routine, to gather information, reflect on their lives, and that they may make better decisions that will impact their life, as well as the life of their baby. Hannah's Home hopes that these women can draw strength and encouragement from their stay, even though their lives make be filled with di�cult decisions and ehallenges". Assistant Manager Garlo mentioned shortly after Hannah's Home was built, Cazoi's husband accepted a job in Florida, and the couple relocated. He indicated she was now in the process of building a Hannah's Home in Florida, which wouid include an in-house adoption agency. He commented what was so remarkable was after 20 years of working to see this vision come true in Ohio, just days before it came to fruition she and her husband Pastor Paul � Beresford relocated to Florida. He commented she was also the first lady � of First Baptist Church of Tequesta. He mentioned Ms. Beresford set out to do the sarne thing here in Florida and has been very successful. Ms. Beresford thanked the Council Members, and especially Council Member Genco, and Assistant Manager Gazlo for allowing her to come and speak this evening. She attributed a quote to Ms. Hilary Clinton, President Clinton's wife, she made based on an old African proverb and famous quote: " It takes a Village to raise a child". In respond to that Mr. Dole said: "It takes a family to raise a child, not a government". Ms. Beresford read her own quote: "It talces a Village to love their children, and to support their families. It takes a Village to band together to reach out to our fractured families, and those in need. It takes love and concern for aur fellow man, as God has loved us". She felt it was very important to have a home for girls in crisis pregnancy that seem to have no hope or no choice. She mentioned after coming here and looking around, she noted the problem for young women was even more severe than Ohio. She mentioned she started contacting agencies who see theses girls everyday, and the crisis in pregnancy need were for girls ages 15-25. She noted that does not exclude the 12 year olds that are left to take care of themselves. She indicated the building was going to be built first, but the need was too great, and so they decided they needed to help the children first. She indicated it was exciting to see what cauld have been a disaster turn out to be two lives that had hope. She summarized after many phone ca11s, and working to achieve free land, she was offered 2.5 acr�s in Port St. Lueie West. She displayed a rendering of the home, and noted on next Thursday, the plans would be signed off so tha.t they can start construction. She commented she was here to encourage the people of Tequesta to come on board and be a part of this project, and to spread the word. She displayed the shovel that was used for the groundbreaking in Ohio, and noted by the way many girls were coming through the home in Ohio and having healthy babies. She explained the shovel showed up in her garage by 6 Minutes - Village Council Regular Meeting 06/09/OS Page 7 . accident after the move to Florida, and she asked her friend if he could revive the shovel. Her friend indicated one of their own, Mr. James Presley, a teenager, did the artwork. She commented she was trying to pin the Home down on a groundbreaking date. She mentioned if anyone was interested there were brochures on the back table regarding the Hannah's Horne. Council Member Genco asked if someone wanted to make a donation was the address on the back of the brochure. Ms. Beresford respanded in the afFirmative. 3. Presentation — Mayor's Survey Mayor Humpage noted the Mayor's survey was sent out in the Village's March newsletter, Smoke Signals. He indicated copies of the current � resuits were available on the back ta.ble. He sta.ted surveys were still being accepted, and that all surveys would be included in the final analysis. He felt Council had learned a lot from the survey, and that it would help in prioritizing what the residents were looking for, and the way the Village does business during the next budget cycle. � Mayor Humpage reviewed the pie chart and the bar graphs showing the responses. He noted Public Safety issues were the number one issue, with Parks and Recreation right behind in responses. He commented the four big key issues from the surveys were: 1) Public Safety, 2) Parks and Recreation, 3) Code Enforcement, and 4) Development. He noted there were about 60 surveys that asked for a response, and he planned to respond to each one. He indicated he has responded to 23 already, and 3 have not gotten back to him regarding his call. He suggested Council entertain the idea of sending out surveys on an annual basis. 4. Fresenta.tion — Mr. Jim Marinelli, Director, Palm Beach Community College Police Academy. Police Chief Steve Allison thanked Council for allowing this last minute presenta.tion to Council this evening. He comrnented Council has very generously in the past supported the Police Academy and allowed him to donate 5 well-used police vehicles to the Academy. He introduced Mr. Jim Marinelli, Director of the Palm Beach Community College Police Academy. He mentioned Mr. Marinelli has over 27 years in Law Enforcement, and for the last 11 years has directed the Police Academy. Mr. Marinelli thanked Gouncil for the donation of the traixung vehicles, noting new recruits coming through the program were trained in patrol procedures, and defensive driving procedures, He noted the Academy usually gets 4 to 5 years out of a vehicle. He commented the College was very appreciative of Council's support for the program, He handed out certificates to each of the Council members. Mayor Humpage thanked Mr. 7 Minutes - Village Council Regular Meeting 06/09/OS Page 8 Marinelli for attending the meeting. He mentioned he attended the Police Academy in the early 1970's when Mr. Joe Macy was the Director. 5.1 Presentation — Display of new ambulance for the Village of Tequesta.. Fire Chief James Weinand mentioned last Uctober Council approved the purchase of a new ambulance for the Village of Tequesta. He indicated the . vehicle was parked outside and if Council desired to take a recess they could Iook at the vehicle. He mentioned Pastor Paul Beresford would like to do a blessing of the vehicle before it was put into service. Mayor Humpage recessed the Meeting at 8: 00 P.M., and reconvened the Meeting at 8:15 P.M. IV. APPROVAL OF AGENDA . ?'o speak before Council, all citizens are requested to submit their Comment Cards to the Village Clerk at this time for any agenda or non-agenda items. Comment Cards should include name, address, phone number, agenda item number and brief summary of topie to be discussed. Comment cards are available � from the Village Clerk. MOTION: Vice Mayor Watkins moved to approve the agenda, as amended; seconded by Council Member Genco. Council Member Resnik removed Item 7 from the Consent Agenda. Vice Mayor Watkins removed Item 8.1 from the Consent Agenda. Council Member Genco remaved Item 14 from the Consent Agenda. Mayor Humpage removed Items 16A and 16B from the Consent Agenda. Motion passed S-0. V. UNFINISHED BUSINESS 5. ORDINANCE 598 — SECOND READING — AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING EXHIBIT "A" AND EXHIBIT "B" OF SECTION 2-61 OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE EMPLOYEES' PENSION TRUST FI7NDS; AMENDING EXHIBIT "A" TO PROVIDE FOR 6 YEAR VESTING FOR ENTITLEMENT TO DISABILITY BENEFIT; AMENDING EXHIBIT "B" TO PROVIDE FOR BOARD OF TRUSTEES ADMiNISTRATNE DUTIES; AMENDING EXHIBIT "B" TO PROVIDE FOR INCREASE IN CONTRIBUTION OF FIREFIGHTERS; AMENDING EXHIBIT °`B" TO INCREASE THE NQRMAL RETIRElVIENT BENEFIT; AMENDING EXHIBIT "B" TO INCREASE THE MONTHLY SUPPLEMENTAL 8 Minutes - Village Council Regular Meeting 06/09/OS Page 9 BENEFIT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. ° Attorney Scott Hawkins read for the record the title of Ordinance 598. Mayor Humpage opened the Public Hearing. MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 598; seconded by Council Member Resnil� � Council Member Genco indicated this was the first time she had seen a copy of the actuarial report for the Public Safety Officers Board of Trustees. She questioned whether there was an error on the last page af the report "Firefighters Norrnal Cost Derivation" regarding the Valua.tion Date, October 1, 2003 Valuation and the October l, 2003 After Changes. She felt this report did not go with the Ordinance. Chief Weinand explained the actuarial statements also go prior to October 20Q3, and then after October l, 2003. He indicated the Public Safety Officers Board of Trustees does a two-year actuarial study, sa the next report will be October 2005. Council Member Genco pointed out this was report dated October 2003, and was not an updated report with the wrong date. Chief Weinand indicated Mr. Palrnquist did an update, but he did it based upon the plan that was currently in effect today, based on the October 1, 2003 actuarial, and then the changes that was made to date for the current plan. Chief Weinand commented Mr. Palmquist did not update the entire report; he only did an impact study on the benefits. � Their being no Citizen Comments, Mayor Humpage closed the public hearing. � Motion passed S-0. . 6. RESOLUTION 70-44/45 — A RES�LUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT WITH KIMLEY- HORN AND ASSOCIATES INC. FOR ENGINEERING DESIGN SERVICES TO REPLACE THE TRAFFIC SIGNALS AT TEQUESTA DRIVE AND OLD DIXIE HIGHWAY IN THE AMOUNT OF $23,149.29 FROM ACCOLJNT 3 303-399-663.675. Attorney Hawkins read for the record the title of Resolution 70-04/O5. MOTION Council Member Genco moved to approve Resolution 70-04/04; seconded by Vice Mayor Watkins. � 9 Minutes - Village Council Regular Meeting 06/09/OS Page 10 Mr. Robert Gazlo, Assistant Village Manager mentioned Council just recently completed a competitive bid process to enter into a contract with KimZey-Horn and Associates. He noted the County just awarded them all the engineering design for the mast arms signals. He commented every indication he had received from the County was they could provide the best service at this time. He pointed out this quote was the one that was given to the County at his request. He indicated he has not negotiated directly with Kimley-Horn, and he intended to do that with Council direction, and possibly negotiate a better price. Mayor Humpage explained this was where the Viliage received additional funding from Commissioner Marcus. Assistant Manager Gazlo agreed. Council Member Genco indicated she had spoke with Assistant Manager Garlo on this item eazlier to receive clarification that the Village would not be contracting directly with Kimley-Horn, when actually the Village was contracting with the County, who was contracting to Kimley-Horn. She noted when saw the labor multiplier of 3, and the labor was actually $5,000.00; she felt the cost of the project was extremely high. She commented Mr. Garlo explained it was because the Village would be going through the County. She suggested he might do better if the Village contracted directly with Kimley-Hom. She suggested instead of adopting a Res�lution saying that the Village was going to do this; that Council would instead give him the authority to go ahead and negotiate the contract directly, as long as he does not exceed the $23,149.29. She sta.ted he cauld always come back to them with the final a.mount. Mayor Humpage asked if the Resolution would need ta be amended. Village Manager Couzzo suggested adopting the Resolution, with a provision that Staff tries to negotiate, but not to exceed the $23,149.29, so that the project can move forward. Council Member Genco agreed. Motion passed S-0. VI. STANDING REPORTS VILLAGE ATTORNEY - JMZ Tequesta. vs. Village of Tequesta. — He indicated he advised the Mayor and the Village Manager that this was an older suit that was dormant for about a year. He noted he received a document request in the suit regarding Town Center and a claim by JMZ that Tequesta was obligated for part of the cost for the installation of a sanitary sewer system. He noted the case was in the discovery stage. Council Member Genco noted there were a number of inemorandums written by the previous Village Manager Tom Bradfard that moralized the agreement and it included the water connection, and sewer services, which may help our 10 Minutes - Village Council Regular Meeting 06/09/OS Page 11 position. She indicated she ha.d copies if needed. Village Manager Cauzzo indicated the Village has copies of the memos. Mayor Humpage noted he would like to address this issue under Any Other Matters. Attorney Hawkins suggested this might be the time to discuss this issue. Mayor Humpage noted months ago he met with Mr. . Zuccarelli regarding the outstanding legal fees that were previously incurred. Attorney Hawkins noted the Village ha.d a judgment for payment of those fees. Mayor Humpage noted the Vzllage was in a position where the Village would collect the fees, or pursue another avenue to get those funds, such as a lien, ar legal action. He noted he spoke with Mr. Zuccarelli and got him to pay the judgment. He mentioned in speaking with Attorney Hawkins the Mr. Zucca.relli issue was with the sewer connection with reference ta the southwest parcel that the Village owned at the time this deal was consummated. He felt that Mr. Zuccarelli felt that he was entitled to some relief because the Village would have assumed '/a of these sewer fees. He suggested Council if they desired could have one of the Council Members, before this went to litigation, meet with Mr. Zuccazelli to see if there was some way to work this situation out. He felt Mr. Zuccarelli would like to move forward with his development. He suggested ane Council Member meet with him, and bring it back to Council for discussion. Council Member Genco questioned if it was something that Council would end up having to vote on, and if the private discussions and negotiation be a problem. Attorney Hawkins mentioned if Cauncil designated a Member of Council to go and talk to him that would be a naiure of discussion, in terms of the exchange, could be privileged. Council Member Genco asked what about voting. Attorney Hawkins indicated after the Council Member had the information, Council would have a closed-door session where all the information would be reported to Council, and then Council would make the final decision. Council Member Genco asked if Mr. Zuccarelli could attend a closed-door session with ali Council Me�nbers. Attorney Hawkins indicated no. Council Member Genco felt there was a limited number of Equivalent Residential Connections (ERC) that the sewer line follows, and none of that could come into play, until the Cauncil lfnew what was going to be built there, regazdless of who owned the property. She stated no one could calculate the ERC's until then. She noted in previous conversation from what Mr. Zuccarelli brought up he was looking for the Village to absorb the entire project, including the remaining three parcels. Mayor Humpage commented he did not know what Mr. Zuccarelli was asking for, but suggested instead of getting into another legal issue, maybe Council Member Paterno could have a discussion with Mr. Zuccarelli f�rst. Council Member Genco felt the bigger issue was until Couneil knew what was going to be built there; there was no starting place for the ERC . 11 Minutes - Village Council Regular Meeting 06/09/OS Page 12 connection. Mayor Humpage mentioned if a lawsuit were initiated, the Village would have to defend itsel£ Attorney Hawkins cammented there might be a middle ground, and since there were other ongaing issues with Mr. Zuccarelli; he suggested. after speaking with the Village Manager to have Council consider a Workshop on the issues. Council Member Resnik asked how much money was involved in the ERC issue. Attorney Hawkins indicated the demand was for $37,675.00, plus attorney fees if he wins. Council Member Genco explained she has seen some of his proposed drawings, and he has some great ideas, and agreed to encourage him to come and speak with Council at a Workshop. Mayor Humpage and Vice Mayor Watkins agreed. Vice Mayor Watkins commented anything that could be done, should be done to corne to a resolution, and that the entire Council would be arixious to work with him to get the whole issue resolved. Council Member Genco felt the Village was showing a good faith effort with approving the installation of new lighting for Main Street that will be on the agenda Iater in the meeting. Consensus of Council agreed to hold a Workshop. Village Manager Couzzo indicated he would arrange a time and date with Council and Mr. Zuccarellli to meet in a Workshop setting. He suggested � the discussion should not solely be regarding this ERC issue, and should incorporate other issues as well. He indicated he would try to get a listing of other items Mr. Zuccazelli would like to address. VILLAGE MANAGER - Well Drilling site — He indicated they were in a stage now where the well would not be drilled for 7 or 8 days, because they were putting in the casing. He noted they were in the area of 1050-1100 feet. He indicated they would continue again to drill to the approximate depth of 1750-1800 feet. He noted the well drilling was ahead of schedule at this time. - Village Hall Bids — He mentioned Sta.ff anticipated bringing to Council in July for their consideration the bids from the four pre-qualified contractors. Vice Mayor Watkins noted there were no complaints from the neighbors on the well drilling so far, and felt the key factor was in educating the public. She complemented everyone invvlved in the education process. - Emergency Management Plan — He mentianed the Hurricane Plan had been upda.ted by Staff, and provided to Council. He indicated Staff was ready in the event the Village was threatened by a storm this year. He asked residents to make their preparations in advance if they needed to be put on a special list with the Fire Department, because someone in their home needed special medical attention or special care. 12 Minutes - Village Council Regular Meeting 06/09/OS Page 13 VII. CONSENT AGENDA All items listed under Consent Agenda are considered routine and wall 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 Resnik removed Item 7. Vice Mayor Watkins removed Item 8.1. Council Member Genco removed Item 14. Mayor Humpage remaved Items I6A and 16B. MUTION: Vice Mayor Watkins moved to approue the Consent Agenda, as amended; seconded by Council Member Resnik; motion passed S-0. Therefore the following items were approved on the Consent agenda: 8. Village Council Regular Meeting Minutes May 12, 2005 9. Specia.l Master Meeting Minutes of 3anuary 18, 2005. 10. Special Master Meeting Minutes of March 24,2005 1 l. Public Safety Officers Pension Board of Trustees Meeting Minutes March 14, 2Q05. 12. General Employees Pension Board of Trustees Meeting Minutes Mazch 14, 2005. 13. General Employees Pension Boazd of Trustees Meeting Minutes February 14, 2005. 15. RESOLUTION 7�-04f05 — A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA APPROVING A MUTUAL AID AGREEMENT BETWEEN THE MARTIN COUNTY SHERIFF' S OFFICE AND THE VILLAGE OF TEQUESTA, ESTABLISHING OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION ACR�SS TURISDICTIONAL LINES, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. END OF CONSENT AGENDA � 13 Minutes - Village Council Regular Meeting 06/Q9/OS Page 14 ITEMS REMOVED FROM THE C4NSENT AGENDA 7. Planning and Zoning Advisory Boazd Meeting Minutes May 5, 2005. Council Member Resnik noted in the Minutes there was discussion regarding private individuals placing regulatory stop signs on their property, on the road, or in the right-of-way. He expla.ined it stated in the minutes that Vice Chair Okun had brought up the issue of stop signs being put up. He asl�ed if that was something of a concern for the V illage. Mr. Jeff Newell, Director of Community Develapment clarified there has been several conversations at the Planning and Zoning Board Meetings � regarding internal traffic controls, on property �uch as County Line Plaza, and Bay View Road and Tequesta. Drive, �here it kind of has a dauble stop sign. He mentioned Vice Chair Okun was raising a red flag that a dangerous situation has been created there. Mr. New�li indicated Vice Chair (Jkun was addressing internal cantrols on large parking lots. Council Member Resnik asked if the Village owned tt�e stap signs in the parking lots. Mr. Newell mentioned controls in place were on pri�ate property, and the Village has no eontroL Council Mernt�er Crenco rnentioned the Viilage could not enfaree stop sign� on private grflperty. Mayor Humpage explaaned Publix was another shopping center. Council Member Resnik noted if s+ameone runs the stop sign the Village does nat have the authority to do anything. Cansensus of Council �greed. Villag� Manager Couzzo pointed aut the Village would nat pay for it, but it could be enforced. MOTION: Vice Mayor Watkins mvved to approve the Minutes of the Planning and Zoning Advisory Board Meeting o, f It�fay S, 2005; seconded by Couneil Member Genco; motion passed S-0. 8.1 Village Council Special Meeting Minutes April 4, 2005. Vice Mayor Watkins asked that a correction be made to Page 2, Delete: � "Mr. Johnson"; and insert " Mr. Rynard". Village Clerk Gwen Carlisle agreed. MOTION: Vice Mayor Watkins moved to approve the Minutes of the Village Council Special 1lfeeting ofApril4, 2Q05; seconded by Council 11�ember Resnik; motion passed 5- 0. 14. Council approval of an increase to the Travel and Per Diem expenses for the Village Employees. Council Member Geneo mentioned she was glad to see this before Council, since she had been asking for it for apgroximately two years. She felt the gas costs were not close to the amount being reimbursed, and the meal allotment was so low it was hard to eat on what was being paid. 14 Minutes - Village Council Regular Meeting 06/09/OS Page 15 MOTION: Vice Mayor Watkins moved to approve an increase to the Travel and Per Diem expenses; seconded by Council Member Resnik; motion passed S-0. 16. A) RESOLUTION 73-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FL�RIDA, 1NCREA5ING F/Y 04/OS GENERAL FUND #001 BUDGET BY INCREASING THE REVENUE ACCOUNT #001- 000-369.104 FEMA REIMBURSEMENT BY $21,000.00 AND INCREASING EXPENDITURE ACCOUNT #001-210-546.312 REPATR & MAINTENANCE STREETLIGHTS BY $21,000.00. B) RESOLUTTON 74-04/OS - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL TO ILLUMINATION SALES ASSOCIATES, INC. OF DELRAY BEACH, FLORIDA FOR THE AMOUNT OF $16,823.00 FOR MAIN STREET LIGHTING MATERIAL PURCHASE, VVITH FUNDING COMING FROM EXPENDITURE ACCOUNT #001-210-546.312 AND AUTHORIZING THE VILLAGE MANAGER T� EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the titles of Resolution 73-04/OS and Resolution 74-04/O5. � Mayor Humpage commented originally the amount that came in for bids on the Main Street Lighting were approximately $29,876.00. He mentioned Mr. Gary Preston, Director of Public Works, and Mr. Russell White, Public Services Manager went out and did some shopping, because the Village only received $27,000.00 from FEMA. He mentioned they went back to the original distributor and negotiated the fixtures for $16,823.00, and the electrical contractor labor for $3,000.00. He indicated the total cost of the project would be approximately 21,000.00, covered by FEMA, so the Village wauld save about $7,000.00. Assistant Manager Gazlo indicated the Viilage received 90% of $29,876.00 from FEMA, for a total of $27,485.00. Mayor Humpage pointed out one pole was broken. MOTION: Vice Mayor Watkins moved to approve Resolution 73-04/OS; seconded by Council Member Resnik; motion passed S-0. Council Member Genco questioned if the electrical contractor would be approved separately. Mayor Humpage noted the fixtures would have to arrive first, and the installation would cost less than $3,000.00. Village Manager Couzzo indicated the additional money was being moved now to accommodate the installation after the Iight fixtures arrive. Village Manager Couzzo mentioned if the money was not moved at this time for the installation they would not be able to be installed. Mayor Humpage 15' Minutes - Village Council Regular Meeting 06/09/OS Page 16 noted Staff would need to wait an additional month. He explained that Res�lution 73-04/OS moved the money into the account. Council Member Genco mentianed the Resolution transferred the monies between accounts, but it did not approve the expenditure of the additional monies over $16,823.00. Village Manager Couzzo indicated the intent of Resolution 73-04/OS was to include the cost of installation. Vice Mayor Watkins asked whether Resolution 74-04/OS needed to be amended to include the installation. Council Member Genco noted the installation was under $5,000.00 so it wouid not need to come back to Council. MOTIQN: Councid Member Resnik moved to approve Resolution 74-04lOS; seconded by Vice Mayor Watkins; motion passed S-0. VIII. COMMUNICATIONS FROM CITIZENS - Mr. Russell von Frank, resident of Dover Road and former Council Member thanked the Mayor for his leadership on Council. He felt Council Member Genco had a negative attitude, and that he recieved many camments that regarding this issue. He felt she was not the same person she was a year ago. Council Member Genco asked Mr. Von Frank why he did not ca11 her directly and address the situation. He felt she took a negative attitude as far as Ma.nagement, Council, and Staff. He stated an example, the meeting of Apri12005 regarding Resolution 44-04/OS and the $184,000.00 expenditure for Reese Macon and Associates. Council Member Genco asked if Mr. Von Frank was referring to a merno she sent to the Village Manager. Mr. Von Frank indicated he was not referring to a memo. Mayor Humpage asked that the meeting come to order. He asked Mr. Von Frank to be civil, so that the meeting could be moved along. Mr. Von Frank noted the conversation at the April Meeting was regazding 2 quotes that were below the $180,000.00. He felt there was nothing said to the Manager or Council prior to the Meeting, but that it was braught up at the meeting instead. He pointed out she made an issue out of this item rather than contacting the Village Manager that there was a problem. He mentioned when he had a problem with sornething, he went to Mr. Couzzo and he was able to handle the situation with no problem. Mr. Von Frank noted Council Member Paterno and Council Member Resnik had a problem with the location of the restrooms in the renovation of Constiiution Park. He distributed a toy model so that the two Council members could carry it with them as needed. - Mr. Howazd Morton, resident of Fairway East felt the pervious comments ,by Mr. Von Frank should not be allowed, and should be overruled the second it starts. He indicated he had heard only nice comments regazding Council Member Genco, and she was the only one on Council that 16 Minutes - Village Council Regular Meeting 06/09/OS Page 17 consistently did not spend money. Mayor Humpage agreed, and noted he did not want to belabor the issue, and suggested the meeting move along. - Ms. Dolores Panaxo, resident of Cove Point, Jupiter questioned if there was some way the residents could be informed about the new water lines being installed in their subdivision. She mentioned people have asked her why the pipes were there, and when they would be getting the water. She asked if the Village could teli them what was going on, when it was going to begin and when it would end, and how much it was going to cost them. Village Manager Couzzo indicated Staff could send letters. Ms. Panaro mentioned she had tried to get in touch with Mr. Russell White, and he had not returned her calls. Mr. Russell White, Public Services Manager indicated he had spoke with Ms. Panaro. Village Manager Couzzo commented a letter would be sent out to the residents. Councii Member Genco mentioned it was her understanding that everyone in her area had received a letter from the Village. Vice Mayor Watkins mentioned the homeowner's association President attended a meeting and was aware. Mayor Humpage mentioned Martin County Commissioner Lee Weberman also attended a recent Council Meeting to speak about water connections to Cove Point, and other subdivisions. IX. COMMIJNICATIONS FROM COUNCIL COUNCIL MEMBER RESNIK - Waterway Village Annexation — He asked whether the annexation process was still ongoing, or whether it was dormant. Mr. Jeff Newell, Director of Community Development commented the older residents did not want annexation, and the younger residents were in favor of it, so the debate was amongst them. He stated he fumly believed it would eventually happen. He noted December or January was when they have their annual meeting, and it would probably be brought up again. He mentioned the President of the association was going to get back in conta.et aft�r the annual meeting. Mayor Humpage pointed. out most of their residents were gone during the summer. VICE MAYOR WATKINS - The Crossings — She mentioned she had received several calls, and people had stopped her to let her know how excited they were that something was going to happen to the building, and with Old Dixie Highway. Mayor Humpage agreed he heard good comments a1so. COUNCIL MEMBER PATERNO - Turtle Creek — He informed Council he has been working with and had meetings with Village Manager Couzzo and the Homeowners Association in reference to potentially opening another gate to the north to help alleviate traffic congestion on Country Club Drive. He indicated some 17 Minutes - Village Council Regular Meeting 06/09/OS � Page 18 people were taking it in favorably, while others were not. He commented he was working with the residents regarding the extension of County Line Road. He indicated they had already contacted Martin County Commissioner Weberman regarding the County Line Road issue. Another issue that the residents wanted to bring up was the realignment of the entrance of Turtle Creek, so that the roadway would align with the street across to make it an actual4-way stop. - Council Meetings — He asked whether there was going to be a Workshop or a Regulaz Meeting to discuss the Goals and Objectives, and the Annexation of potential pocket areas. Mayor Humpage noted the Village had met with Bermuda Terrace 3 or 4 months ago regarding annexing into the Village. Council Member Genco suggested the Village may want to contact County Commissioner Karen Marcus on the issue. Council 1Vlember Paterno commented he just received a list of the pocket areas that could be annexed, the amount of houses, the different subdivisions, and the tax rolls. Village Manager Couzzo indicated Staff would provide that information to Council in the next mail delivery. He suggested this would be an excellent subject to have a Workshop on to take a look at the enclave areas, and develop a strategy. Mayor Humpage added one tbing the Village needed to look at was the math. He noted when you look at the fire fees, etc they were the same. He mentioned in speaking to people in the unincorporated sections, the greatest hurdle was the Village's ordinances. He stated in order to attract these pocket areas Council will need to decide what to do about the ardinances, and whether they could be grandfathered in. He felt Council should come up with a plan to address this issue. COUNCIL MEMBER GENCO - Turtle Creek — She mentioned she was glad Council Member Paterno was ' addressing the issue, and that someone was possibly making headway. - Siegel Lega1 Issue — She asked what the status was because the Village still did not have code compliance on the property. Attorney Hawkins mentioned he did not know if the bankruptcy proceedings had concluded. He commented it v�as scheduled for bankruptcy hearing Iast week, and that he did not attend the hearing. He noted at the hearing the purchaser of the judgment was seeking to have the bankruptcy dismissed. He noted if that was successful the bankruptcy stay wauld go away, and the purchaser � would be able to get the foreclosure sale consummated, which would lead to a certificate of title being exchanged. He indicated those things have not occurred yet, so at the moment Ms. Siegel was still the owner. Village Manager Couzzo clarified he would provide Council witt� an update on the situation and see whether or not the property was in compliance, and if it was not it would be cited. 18 Minutes - Village Council Regular Meeting 06/09/OS Page 19 - Constitution Park — She asked when the conshuction was going to start. Village Manager Couzzo reported that construction had started, the plastic fence was already in, and Mr. Russell White, Public Services Manager and Mr. Greg Corbitt, Director of Parks and Recreation have gotten together to . reduce the scope and have done some of the work done in-house. He noted Staff did the demolition, and the playground areas were starting to be established. X. DEVELOPMENT MATTERS 17. Review and Discussion of the Adult Arcade Ordinance. Mr. Jeff Newell, Director of Community Development mentioned wha.t he had before Council was a draft ordinance for review and feedback. He � commented some e�rrors were noticed and should be corrected. He stated when this ordinance was initiated it was under the old code forrnat, where � it made reference to Ordinance 355. He explained what actually was being amended was Chapter 78, Zoning, Article 6, Schedule of District Regulations, Division 2, Schedule of Use Regulations, Section 78-177; C- 2 Community Commercial District; subparagraph (d), Special Exception Uses. He mentioned what Staff was looking for was the legal substance, and feedback on any changes, so it could be drafted for the first reading. Council Member Resnik commented he found one area that was ambiguous and inconsistent; the description of adult arcade amusement centers. He pointed out it was described one way in the title language, then another way in the first whereas, and another way in Section l. He suggested clarifieation on the definition, so that it would eliminate misunderstandings as to what was being addressed. He distributed a handout proposing language regarding a definitian. He suggested deleting the following language in the Ordina,nce title, because it vvas somewhat ambiguous: "and similar entertainment enterprises and businesses". He ' suggested also amending the first Whereas to add ianguage that was included in Section i: "Whereas the Village Council of the Village of Tequesta has determined that game rooms, and/or enterprises e�mmonly known as"Adult Arcade Amusement Centers", at which electronic, meehanieal, coin operated, computer, video or other similar games or amusement, ehance or skill are played, whether for consideration or not " Council Member Genco suggested adding a definition to the ordinance to make it consistent throughout. Village Manager Couzzo indicated Staff would make the adjustments, and have Attorney Hawkins review far legal sufficiency. Council Member Genco suggested making the definition as broad as possible, including a11 t�e things Counci� Member Resnik pointecl out. Vice Mayor Watkins asl�ed the Village Manger to expound on why this ordinance was initiated. She felt it was more proactive, then reactive for the Village. 19 Minutes - Village Council Regular Meeting 06/09/OS Page 20 Mr. Newell explained Chuckie Cheeses created all sorts of problems and these businesses were being set up under the adult arcades, which was a Vegas style slot machine type of operation. He mentioned local jurisdictions could not regulate it because it came under a Florida Statutes, but now the legislature had passed a law to allow Iocal jurisdictions to regulate them by ordinance. He noted by creating this ordinance the Village could regulate these establishments. Village Manager Cauzzo commented it was better to be proactive, and be ahead of the curve for this type of business interested in the Village. Vice Mayor Watkins mentioned the ordinance was very restrictive and very difficult to open one in Tequesta. Councii Member Paterrio asked for clarification on the Parking requirements regarding the development order and the special exception. Mr. Newell commented under the Special Exception, that would have to � come before Council, Council would consider the parking impact. He noted the parking issue would be part of the Special Exception review. Council Nlember Paterno questioned whether "development order" should be changed. Mr. Newell agreed. and' indicated he would revise the language regarding the development order. Council Member Paterno asked if the length of time under Item 2(b) could be changed from 5 years to make it longer. Mr. Newell indicated he would have to ask the Attorney regarding those guidelines, and how far they could be extended out. Council Member Paterno asked whether the Village could ask for the Social Security number of the applicant in Item 3(c}. Village Manager Couzzo mentioned he would review, since the information regarding Social Security numbers had changed over the last � few years. Council Member Paterna asked that no one under the age of 18 be allowed on the premise. Village IVianager Couzzo indicated he would have to research the issue.lVlr. Newell noted anyone under 18 would have to be with an adult. Council Member Paterno asked if the winnings could be limited to $5.00 per day, instead of $5.00 per winning occurrence, and if the occupationai license fee could be more than the proposed $1,000,00. Council Member Genco suggested raising it to $1 O,OOO.OQ. Coun�il Member Paterno agreed. Mr. Neweli indicated the occupational license would be set at Cauncil's discretion, but he would need to review the amount limited in winnings per day with the Attorney. Council Member Resnik felt this ordinance should make it hard for these businesses to do business in the Village. . Village Manager Couzzo indicated the ordinance would be set to proteet the safety, and welfare of the community. Council Member Genco sugge�ted adding language in the ordinance regarding tickets, tokens, and other receipts. Mr. Newell "mentioned the businesses were also using money cazds to play the games. Council Member Geneo noted also on the Page 2 of the ordinance it mentioned Item 1(a) single family, and asked that the document use the term "residential" instead. 20 Minutes - Village Council Regular Meeting 06/09/OS Page 21 Mayor Humpage indicated it would encompass Rl and R1A. Mr. Newell commented he would make the corrections based on Council comments. 18. Site Plan Review Cypress Animal Hospital Mr. Jeff Newell, Community Development Director mentioned Dr. Tarplee was present. He reviewed the existing structure, and noted there would be a second floor added to the facility. He reviewed the parking, noting it was calculated based on two floors. He indicated he had exceeded the parking criteria, with 19 parking spaces. He noted the Planning and Zoning Advisory Board approved the site plan, with the. exception that they would have Council address the landscape island out front, because of the proposed Cypress Drive improvements. He noted the Planning and Zoning Board only required Dr. Tarplee to sod or plant low profile bushes on his side, and would need Council approvai to plant out into the right-of-way. Mr. Newell indicated the retention area in the back would control 1 'fa of the runoff for the property. He mentioned he has also redirected the flow into the landscaped areas, and the guttering from the second floor be directed to the back. Mr. Newell mentioned on the landscape buffers, under Ordinance 377 they were required to be five feet, and at the request of the Fire Chief in order to get the equipment back there, he was requesting the five feet be reduced to three. He noted the applicant was requesting a waiver to reduce the landscaping to two feet. He mentioned the Village would be running a hedge down the rear properly line to create a barrier, so the applicant was requesting a waive� from the required back buffer. Mayor Humpage indicated the Fire �hief was asking for the three feet. He noted he supported the waiver. Vice Mayor Watkins noted that was a common sense approach. Mr. Newell noted the properties now have 100% runof�, and this property would actually set a precedent for the G3 area. Vice Mayor Watkins indicated she was delighted to see something happen with the building. Council Member Paterno asked if it was possible on the north side to add more landscaping. Mr. Newell indicated it could be increased to five feet on the north. Nlayor Humpage noted the applicant was required five feet on both sides by the current code. Mr. Newell agreed. Mayor Hutnpage indicated Council was willing to reduce the south side because of a public safety issue,.but felt the north side could be 5 feet and still accommoda.te the entryway. Couneil Member Genco questioned whether 19 feet would be enough space for the driveway. Mayor Humpage indicated 19 feet would be good, but extending the landscaping out further would only give the applieant 15 feet for a drive, which may not be sufficient. He rnentioned the properly originally was a � carwash, and then it became a restaurant. Vice Mayor Watkins asked if extending the landscape area out five feet if it would impede or obstruct the tra.ffic entering or exiting the property. 21 Minutes = Village Council Regular Meeting 06/09/OS Page 22 Council Member Paterno noted Dr. Tarplee agreed to landscape the front island. Mayor Humpage noted he signed up for the Cypress Drive Improvements. Mr. Newell cautioned Council that any intrusion into the pubiic right-of-way would have to have Council approval, and Attorney Hawkins may want a hold harmless agreement for the encroachment. Vice Mayor Watkins clar•ified the approval would be without the island. Council Member Paterno noted Dr. Tarplee would be landscaping his side of the island. Council Member Genco indicated Planning and Zoning Board requested sod, or low plantings on his side of the front island. Mayor Humpage clarified Council would be approving the site plan, with the exception of adding three feet to the northwest boundary, five feet instead of two, and grant him the relief on the south side, and grass or low plantings an his side in the front, not to extend into the right-of-way. MO. TION: I�ice Mayor Watkins moved to approve the site plan, as amended; seconded by Council Member Resnik; motion passed S-0. XT. NEW BUSINESS 19. RESOLUTION 66-04/OS — A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPR�PRIATING UNRBSERVED FUND BALANCE IN GENERAL FUND #001, INCREASING THE 2004/2005 GENERAL FUND BUDGET, POLICE PATROL, MACHINERY AND EQUIPMENT ACCOLJNT # 001-175-664.600 BY $21,873.00 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 66-04/O5. Chief Steve Allison, Police Chief reviewed the history of this item. He noted in the police department the long-term plan was to replace the existing radio system. He noted about four years through an Interlocal Agreement the Village joined a Consortium with other cities, and the County to establish an interoperable radio communications system.'�He indicated about two yeazs he conducted a survey to evaluate the Village's current radio system and it was very scary. He pointed out he directed Lt. Rick Ricciardi to look at the various plans. He indieated Lt. R.icciardi secured an 800 MHz license for the Village. He mentioned last summer the Consortium wanted the Village to amend their Interlocal Agreement to fund it, but he felt it was a blank check without knowing the cost associated witl� the Agreement, so he did not bring the amended agreement to Council. He pointed out there were only three major players in the Consortium. He explained Plan A would be to go back into the Consortium, since other local governments were considering joining, but the Village has given them a deadline of June 30, 2005 to enter into an 22 Minutes - Village Council Regular Meeting 06/09/OS Page 23 amended agreement. He felt the Consortium would not be able to meet that deadline. He mentioned Plan B was for the Village to initiate their own system, and Plan C would be to go with the County system that had a very short life cycle remaining because it was becoming obsolete. Chief Allison recommended moving forward with the first phase of Plan B, which was ta purchase our own radio repeater system. Council Member Resnik questioned what the system would add in terms of the Village's ability to communicate with the surrounding police and fire rescue. Chief Allison introduced Mr. Waterman, noting he was involved in the design of the Public Safety Facility's Ernergency Operations Center (EOC). Mr. Steve Waterman, Car Comm-Inc., of Palm Beach Gardens noted in Phase I the Village would be converting the existing VHF radio system, which currently has no inoperability. He noted the only one that has VFH was Juno Beach in which they were in . the process of changing to 800 mhz. He commented currently Martin County had 800 mhz, and Palm Beach County Sheriffs O�ce and Palm Beach County Fire Rescue were 800 mhz trunking system. He noted Town of Jupiter Police was 80Q mhz , conventional. He mentioned the conventional system was what the Village was proposing to start. He indicated the VHF radio system currently existing was approximately 31 years old, and the equipment in the vehicles currently allows for minimal communications with Jupiter. He noted by going with the 800 mhz system eventualiy the Village will be able to communicate with anyone that has 800 mhz system with the same capability. He stressed there will be a learning curve for Staff to learn to communicate with the 800 mhz conventional system. He mentioned Pa1m Beach Gardens, Jupiter, and soon to be Juno Beach, were 800 conventional. Mr. Waterman noted the proposed Phase 1 system would be to put in a 800mhz cycle repeater in parallel with the existing VHF system to allow the Village to begin the migration to 8Q0 mhz, and to preserve the Village's license construction period, which ends an August 11, 2005. He pointed out if the Village does not construct by that datethe - Village would have to reapply for the license. He noted the Village was very lucky to obtain a frequency pair. He mentioned a11 the proposed equipment was digital capable, and was also 704 mhz capable. Council Member Genco asked if the $21,000.00 was covering both the operations center and all of the vehicles. Mr. Waterman indicted Phase 1 would be the fixed system on Beach Raad, and Phase 2 would be to place the receivers and transmitters in the vehicles. He mentioned Phase 1 was to protect the Iicense, provide for a repeater, and allow for communications to the Village's dispatch center from the vehicles and portable radios. He mentioned all the 800 mhz radios built in the last 10- 15 years did not have the capability of being put on 700 mhz channels. He mentioned the 800 mhz was almost at capacity, and eventually the Palm 23 Minutes - Village Council Regulaz Meeting 06/09/OS Page 24 Beach County may have to go to a 700 and 800 xnhz system combined. Council Mernber Resnik questioned whether the VHF radios in the vehicles would be able to communicate with the 800 mhz. Mr. Watertnan explained some of the radios in the vehicles allowed for use of $00 mhz conventional system to communicate with Jupiter. He explained trunking systems and how they were used. Council Member Resnik asked when Tequesta would be able to cornmunicate with the others. Mr. Waterman noted the Village would have complete interoperability in Phase 2. He mentioned the Village wauld eventually have an 800 mhz primary system, with the VHS sitting in the background as a backup if needed. Council Member Paterno noted the repeater would be housed at Beach Road, and equipment at dispatch; but asked when the transmitters were going to be installed on the Jupiter police tower. Lt Ricciardi indicated the transmitters would be insta.iled in Phase 2. Mr. Waterman commented when sameone has a public safety system, they want to maintain a posture that there would be no single point of failure. He noted with the current VHF with a single repeater if the signal from the officer's radio was blocked by whatever means that single would nat be picked up and not rebroadcast. He noted if you put in voting receivers if the signal was blocked from one way, it would not be blocked from another location. He mentioned Phase 2 would have two more receivers at Jupiter and Martin County. Council Member Paterno questioned whether the Village could purchase a trunking system in the future. Mr. Waterman indicated it could be purchased but at a higher cost. He noted trunking for the Village may not be cost effective with the existing the equipment. Council Member Paterno questioned the distance of the radios. Mr. Waterman noted the Village could easily be able to cover the distance specified in the license. Council Member Paterno asked whether the Village would be able to farm out to another community to help pay for the costs. Mr. Waterman stated it was a possibility but it would be more cost to the Village. Council Member Paterno suggested maybe Jupiter Island. Mr. Waterman agreed that could be possible, but the license may need to be extended. Council � Member Paterno asked whether the equipment would be able to handle the 700 mhz if needed. Mr. Waterman noted the bulk of the equipment cost would be the portable radios in Phase 2, and would be capable of handling the 700 mhz arena. He noted the repeater would have to be changed to have the digital capability, but not the entire repeater system. Council Member Paterno asked the propased cost of Phase 2. Lt. Ricciardi stated about $160,0OO.OQ. Council Member Paterno stressed in order for the public sa:fety to implement this � next year it could be potentially $160,U00.00-$200,000.00. Village Manager Couzzo questioned the Phase 2 implementation. Chief Allison noted the equipment was severely damaged in the hurricanes last year and has been patched together. Village Manager Couzzo asked what 24 Minutes - Village Council Regular Meeting 06/09/OS Page 25 the license requirements were for the system. Mr. Waterman stated once the construction permit requirements were satisfied then it would be good for five years. Council Member Paterno asked whether this was placed in next yeaxs budget. Chief Allison noted the money was pulled out, and alternative financing was being reviewed. He noted p'art of the benefit of the Consortium, was the $12.50 funding may be able to be applied. He commented for every traffic ticket, there was a surcharge of $12.50 for radio communications. He stated there was approximately $40,000.00 in the Village account. Village Manager Couzzo asked if the Viliage could wait until 2006J2007 for full installation. Chief Allison felt it could be financed over a four-year period. Council Member Resnik stated public safety was very important, and he could not see shortchanging the ability to cc�mmunicate, and suggested it be placed in the budget. Council Member Paterna noted . he supported the improvements, but wanted everyone to know the costs. Mayor Humpage agreed with Council Member Paterno that everything that could be done would be done. He stated at this time the license needed to be protected. Council Member Genco asked if the equipment could be transferred to new vehicles. Chief Allison responded in the �rmative. Council Member Genco asked if the vehicles would be computer equipped. Chief Allison indicated it would only be radios. He sta.ted it would cost about $80,000.00 to equip five cars with computers. Village Manager Couzzo stated if the Village had an additional year, then State funding could be looked at. Chief Allison recommended a lease purchase to spread the cost out over four years, and the possibility of using the $12.50 funding for the first years payment. Council Member Genco agreed. MOTION Councid Member Genco moved to approve Resolution 64-04/OS. Vice Mayor Watkins wanted to feel comfortable knowing that if the Village spent this money, they would be making the best purchase and that it would carry the Village into the future. Mr. Waterman noted the mobiles and portables they were proposing would have a 7-12 timeframe. He felt it would take at least 4 years for the 700 mhz systems to become popular. He commented the equipment on Beach Road would be good for at least 5-10 years. Village Manager Couzzo recommended Council approve the Resolution, and he and Staff would analyize the situation and bring back to Council. Seconded by Council Member Resnik; motion passed S-0. 20. RESOLUTION 67-04/OS — A. RESOLUTION OF THE VILLAGE C4UNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROP�SAL FROM CAR- COMM, INC. 4F PALM BEACH GARDENS, FLORIDA, FOR AN 800 25 Minutes - Village Council Regular Meeting 06/09/OS Page 26 . MHZ RADIO REPEATER SYSTEM PER THE FDOT TURNPIKE CONTRACT # D022844, IN THE AMOtTNT OF $2I,873.00, HAVING FUNDS BUDGETED AND AVAILABLE IN THE FY 2004/2005 GENERAL FL1ND #001 BUDGET ACCOUNT #001-175 664.600 (POLICE PATROL, MACHINERY & EQUIPMENT) AND AUTHORIZING THE VILLAGE 1VIANAGER TO EXECUTE THE APPLIC.ABLE CONTRACT ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 67-Q4/05. MOTION: Council Member Genco moved to approve Resolution 67-04/OS; seconded by Vice Mayor Watkins; motion passed S-D. 2 i. Discussion and setting a topic, date, time, and location for the monthly Council, Coffee, Community Meet and Greet Workshop. Council Member Paterno indicated he would like to keep the meet and greet going. He felt there were other issues that could be discussed in a workshop setting. He suggested other topics: 1) Council Goa1s and Objectives; 2) Annexation; and 3) JMZ. Mayor Humpage agreed. He felt the annexation issue was a good format to talk with Staff about some of the Village's ordinances. Council Member Genco indicated she was in favor of setting a workshop date, but asked if it could be on other dates, other than always on the third Tuesday of the month. She liked flexibility. Village Manager Couzzo suggested he wauld arrange a date and coordinate a workshop with JMZ. Council Member Resnik suggested a . 5:00 pm meeting. Council Member Paterno asked if the JMZ workshop could not be scheduled to have another topic as a backup workshop. Mayor Humpage suggested having the annexation workshop on a Saturda.y morning and inviting those people that could be effected by annexation. Council Member Genco felt it may not be appropriate to discuss strategies in front of the people before Council could discuss it and be on the same page. Consensus of Cauncil agreed if JMZ could not be scheduled set annexation as the backup topia Council Member Genco suggested at the end of each Workshop that Cauncil discuss the topic for the next month's workshop. Consensus of Council agreed. 22. Discussion to consider scheduling a Speci�l 1Vleeting for the request from the Attorney Terry Lewis, Lewis Longman & Walker regarding Atlantis project. Mayor Humpage indicated the backup materials provided to Council indicated the Atlantis people were requesting a Special Meeting regaxding their project and to appear before Council and state their case. Village Manager Couzzo explained he received a letter from Mr. Lewis for a Special Meeting for a single item public hearing for the consideration of a 26 Minutes - Village Council Regular Meeting 06/09/OS Page 27 Special Exception. Council Member Genco stated they were not applying for a Special Exception, but asking whether or not Council would consider it. She mentioned she was not in favor of it. Mayor Humpage felt there was a system in place, and everyone should go through the system. Consensus of Council agreed. Council Member Genco asked whether they ' had submitted an formal application for a Special Exception, Mr. Jeff Newell, Director of Community Development indicated he had received a Special Exception application about a week ago. He pointed out the hearing that Mr. Lewis was requesting was a Special exceptian public hearing on the project. He noted he was preparing the reports for Planning and Zoning Advisory Board Meeting. Village Manager Couzzo indicated at Council's direction it could go through the process. Consensus of Council agreed to fallow the ordinance and go through the Planning and � Zoning Board process, and then to Council. 23. RESOLUTION 75-04/OS — A RESOLUTION OF THE VILLAGE � COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNT�, FLORIDA, APPROVING THE CONCEPTUAL DESIGN IMPROVEMENTS FOR SOUTH CYPRESS DRIVE STQRMWATER, LANDSCAPE AND WATER MAIN PROJECT, HAVING A FY . 04/OS BUDGET'ED AMOITNT OF $220,OOO.UO ACCOUNT #443-320-663.663 AND TO HAVE THE DESIGN DONE ON A TIME AND MATERIAL COST TO BE PAID FROM ACCOUNT #401-320-662.632 HAVING A BUDGETED AMOUNT OF $30,000.00 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED WITH THE PR03ECT. Attorney Hawkins read for the record the title of Resolution 75-04/O5. MOTION: Councfl Member Genco moved to approve Resolution 75-04/OS; seconded by Council Member Paterno. Mayor Humpage noted over the past months he had notified the eleven property owners on Cypress Drive regarding Ordinance 377. He commented the ordinance has been in place, but nothing had been done to date. He mentioned he does not own the building where his office was located. He explained under the original plan the business owners were having problems because of the parking issues, eta Mayor Humpage mentioned the road was going to be dug up because new drainage was being installed. He noted in conjunction with the drainage and meeting with these business owners, the Village came up with a plan to incorpora.te every property into a plan. He pointed out this area was zoned a C-3, light industrial. He indicated the Village had planned to do something with . Ordinance 377, but wanted something different then what was on the south end of Cypress Drive. He explained the Village came up with a cost of $7,500.00 per owner to do the improvernents to Cypress Drive. He mentioned 8 of the owners agreed, and 3 had not responded. 27 Minutes - Village Council Regular Meeting 06/09/OS Page 28 Mayor Humpage reviewed a proposed plan for Cypress Drive. He indicated the blue line was the right-of-way, which was 25 feet from the centeriine of the road. He noted the original Ordinance 377 proposal was to have the right-of-way grassed. He felt there was more greenspace with the proposed plan then the original pIan complying with Ordinance 377. He pointed out the five islands would be four feet wide and curbed. He noted the plan was to put in the infrastructure for streetlights, irrigation and trees. He commented there was $250,OOQ.00 already in the budget for the drainage and road improvements, and the owners would be adding approximately $82,000.00, so the landscaping could also be included. He felt this was a win-win situation. He noted this would be a substitute for Ordinance 377 requirements. Council Member Genco asked if the landscape islands were going to be the same size as the ones Jupiter put in. Mayor Humpage indicated they would be five feet wide. Council Member Genco noted the Village would be consistent with Jupiter, and the zones would look the same. Council Member Paterno felt the palm trees by Walkers Warehouse needed to be included in the project. Council Member Genco suggested if Walkers Warehouse maintained them they would Iook better. Mayor Humpage indicated the palm trees would be in the Village right-of-way on the new plan. Viee Mayor Watkins asked where the stxeet lighting woutd be located. Mayor Humpage indicated the street lighting vvould be in the center, with the two bigger . islands having two lights, and the smaller islands having one light. Vice Mayor Watkins suggested generating a thank you letter to all business owners that participated in the discussions. Council Member Paterno asked what would happen if the other 2 or 3 property owners do not sign on. Mayor Humpage commented the project would move forward. Village Manager Couzzo suggested the Village could lien the properiy or assess the owners, noting they were obligated to comply with Ordinance 377. He noted as an option the Village could make them comply with Ordinance 377, and still move forward with the project. Mayor Humpage commented he did not want any engineeri�lg or any money spent until Council could review the project plan. Council Member Genco questioned what was being approved by the Resolution. Mayor Humpage felt the conceptual design was being approved. Council Member Genco noted the Resolution had a$3Q,000.00 cost associated with it. Village Manager Couzzo mentioned the $30,000.0� was for the design. He explained then with Council direction it would go out to bid or find a county contractor to do it, and come back to Council for the award of bid. Mayor �iumpage commented there was approximately $220,000.00 in Capital, minus $30,000.00 far engineering, and $250,OOQ.00 in the Utility budget with $82,000.00 from the owners, for a total of $332,500.00. Council Member Genco questioned whether Council was approving $250,000.00 from two different accounts, conceptually. 28 Minutes - Village Council Regular Meeting 06/09/OS Page 29 Village Manager Couzzo responded yes, conceptually. He indicated he would supply copies of the plans and specifications when completed. Mayor Humpage noted the plans could be tweaked again if needed, when it comes back to Council. Motion passed S-0. 24. Discussion of Unde�grounding of Powerlines within the Village of Tequesta. Village Manager Couzzo mentioned at the last Regular Council Meeting a Consensus of Council was to place this item on this meeting agenda. He noted after researching with the Florida League of Cities, and looking at the Sewell's Point work, he felt StafF would provide the materials to Council as soon as they were received. Council Member Genco mentioned she had spoke with Ken Small, Florida League of Cities, on many occasions and there were many alternatives for budgeting. She felt this might be a subject for a Council workshop. She asked for Council direction to give the Manager guidance to try and provide the information needed. She indicated Florida Power and Light would probably have some type of grid system that addressed all the different types of power lines. She fe�t the Village should be able to identify the different power lines within the Village. Village Manager Couzzo noted the Village has the information on the types of power lines. Council Member Genco mentioned she hoped that a ten-year plan be worked out. Village Manager Couzzo agreed a tern year approach was reasona.ble. Council Member Resnik questioned what the ultimate objective was regarding the undergrounding. He felt to underground the entire Village for aesthetic purposes was a lot of money. He suggested if it was to underground certain essential lines to keep power during a hurricane that was different. Council Member Genco commented the Village may not be able to underground all the lines, but i€ the Village was to prioritize and have certa.in feeder lines underground it would get the power baek up much quicker. She noted the residentiai azeas that have underground lines were much more valuable, and felt it would increase the land values in Tequesta.. Council Member Resnik mentioned his concern was if the Village undergrounded the lines, and the feeders coming in from the power plants go down, what shape would Tequesta be in. Council Member Genco commented that was all part of the initial prioritiza.tion. She felt the Village needed an approach, and to address the issue at a Workshop so that the code could be amended to say something must be undergrounded in certain situations. She felt there were many options, and the right thing to do. Mayor Humpage commented in additian to the cost the Village would have, each homeowner could incur costs. He mentioned they were concemed about the setbacks in the code. 29 Minutes - Village Council Regular Meeting 06/09/OS Page 30 Council Member Genco felt that could be discussed at a Workshop. Council Member Resnik asked who was going to guide the Village in this process. Council Member Genco noted it would take work on the part of the Village. She suggested taking some of the boiler plates that areas like Sewell's Point and other communities were starting to do and work from there. Mayor Humpage read the names of the people who left comment cazds but had already left the meeting: Mr. Dave Smith and Mr. Howazd Morton. XII. ANY OTHER MATTERS XIII. ADJOURNMENT MOTIUN: Council Member Resnik moved to adjourn the meeting; seconded by Yice Mayor Watkins; motion passed S-D. The meeting was adjourned at 10:40 P.M, Gwen Carlisle Village Clerk 30