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MINUTES
VII.LAGE OF TEQUESTA
REGULAR VII.LAGE COUNCIL MEETING
THURSDAY, SEPTEMBER 16, 2004
8:10 P.M.
399 SEABROOK ROAD
TEQUESTA, FLORIDA
I. CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Pat Watkins at 8:10 P.M. A roll call was taken
by Gwen Carlisle, Village Clerk. Present were: Mayor Pat Watkins, Vice-Mayor
Geraldine A. Genco, Council Member Edward D. Resnik, Council Member Russell J.
von Frank, and Council Member Jim Humpage. Also in attendance were: Village
Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen
Carlisle, and Department Heads.
II. INVOCATION
Mayor Watkins gave the invocation. The Pledge of Allegiance was led by Mayor
Watkins at the Millage and Budget Public Hearings Meeting prior to the start of this
Meeting.
III. APPROVAL OF THE AGENDA
MOTION: Councilmembe� von Fi�ank moved to approve the Agenda; seconded by
Councilmember Humpage; motion passed 5-0.
IV. PRESENTATIONS AND PROCLAMATIONS
A. Proclamation declaring the week of October 3-9, 2004 as Fire Prevention Week in the
Village of Tequesta.
Mayor Pat Watkins
Mayor Watkins read the Proclamation declaring the week of October 3-9, 2004 as Fire
Prevention Week in the Village of Tequesta.
MOTION: Councilmembet von Frank moved to approve the Proclamation; seconded by
Councilmember Humpage; motion passed S-0.
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 2
V. UNFINISHED BUSINESS
A. POSTPONED TO OCTOBER 7, 2004
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This item was postponed by Staff because of advertising requirements.
VI. CONSENT AGENDA
All items listed under Consent Agenda are considered �outine and will be enacted by one motion.
There will be no separate discussion of these items unless a Council Membe� so requests, in
which event the item will be removed from the Consent Agenda and considered in its normal
sequence on the Agenda.
Vice- Mayor Genco requested, prior to the Meeting, removing Item C, the Minutes of the August
30, 2004 Budget Workshop, so the Minutes of August 16, 2004 Budget Workshop Meeting could
be considered at the same time.
MOTION: Councilmember Humpage moved to approve the Consent Agenda; seconded by
Councilmember �Zesnik; motion passed 5-D.
The following items were therefore approved on the Consent Agenda.
A. Ratification of Revised Declaration for the State of Emergency
B. Regular Village Council Meeting Minutes of August 12, 2004.
C. POSTPONED TO OCTOBER 7. 2004
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D. Village Council Emergency Meeting Minutes of September 2, 2004.
E. Village Council Emergency Meeting Minutes of September 6, 2004.
F. General Employees Pension Board Meeting Minutes of June 22, 2004.
VII�LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 3
VI. CONSENT AGENDA
G. Public Safety Pension Board Meeting Minutes of July l, 2004.
H. Planning and Zoning Board Meeting Minutes of July 21, 2004.
I. RESOLUTION NO. 61-03/04 – A RESOLUTION OF THE VII,LAGE
COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AWARDING A BID PROPOSAL TO OLNEY EARTHWORKS,
INC., OF STUART, FLORIDA, IN THE AMOLTNT OF $21,014.25, FOR
DRAINAGE IlVIPROVEMENTS ON NORTH CYPRESS DRIVE HAVING A
BUDGETED AMOLTNT OF $25,000.00 FROM FUND 403-321 662.631 AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CHANGE
ORDER FOR THE APPLICABLE PROPOSAL ON BEHALF OF THE
VII.,LAGE. Village Manager Michael R. Couzzo, Jr.
J. RESOLUTION NO. 62-03/04 – A RESOLUTION OF THE VbLAGE
COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING THE 2003/2004 GENERAL FUND BUDGET BY
INCREASING REVENUES AND EXI'ENDITURES BY $23,500.00, TO
INCREASE BUDGETED EXPENDITURES FOR POLICE EXTRA DUTY
PAY AND 1NCREASE BUDGETED REVENUES FROM CHARGES FOR
SERVICES — POLICE EXTRA DUTY. Finance Director JoAnn Forsythe
K. RESOLUTION NO. 63-03/04 – A RESOLUTION OF THE VII.,LAGE
COUNCII., OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AWARDING A PROPOSAL TO NATIONAL WATERWORI�S, OF
RIVIERA BEACH, FLORIDA, IN THE AMOIJNT OF $59,592.37 FOR THE
PURCHASE OF ASSOCIATED MATERIAL FOR THE INSTALLATION OF
WATER MAIN 1N THE TROPIC VISTA SUBDIVISION, AND
AUTHORIZING THE VII.,LAGE MANAGER TO EXECUTE SAME ON
BEHALF OF THE VII.,LAGE. Village Manager Michael R. Couzzq Jr.
L. RESOLUTION NO. 66-03/04 – A RESOLUTION OF THE VII.,LAGE
COUNCIL OF THE VII,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROPRIATING $105,000.00 IN THE GENERAL FUND,
ACCOUNT #001-160-524.101, WORKER'S COMPENSATION CLAIMS
FROM DESIGNATED FUND BALANCE TO FUND RAYMOND SMALL'S
WORKER' S COMI'ENSATION SETTLEMENT CLAIM PAYMENT. Village
Manager Michael R. Couzzo, Jr.
END OF CONSENT AGENDA
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 4
VII. DEVELOPMENT MATTERS
A. Consideration of an amendment to the Declaration of Use agreement for the
Alterra property, located at the northeast corner of Village Boulevard and Old
Dixie Highway. Jeff'Newell, Director of Community Development
MOTION: Vice Mayor Genco moved to app�ove discussion of' Item A; seconded by
Councilmember Humpage.
Mr. Jeff Newell, Director of Community Development gave a brief overview of
the history of the project. He indicated the original Declaration of Use Agreement
limits the use of the property to independent and extended care living uses and
requires that it not be subdivided by imposing a Unity of Title Requirement. He
introduced Mr. Chris Saia.
Mr. Christopher Saia, of Jeck, Harris and Jones, LLP and representing
Cornerstone Group Holdings, Inc. explained Cornerstone was currently under a
contract to purchase the western portion of the Alterra Property currently known
as the Clare Bridge/Crossings property located on the northeast corner of Village
Drive and Old Di�e Highway. He noted Cornerstone intended to develop the
northern portion of the property as a townhouse community and to complete the
unfinished Crossing Building on the southern side as residential condominiums.
He mentioned in order for Cornerstone to move forward they were requesting an
Amendment to the Declaration of Use Agreement on the property to allow for
Townhomes and Condominiums, and asking to permit removing the Unity of
Title to allow the property to be subdivided. He stated the applicant at this time
was requesting approval from Council to amend the e�sting Declaration of Use
Agreement and the Unity of Title that encumbered the property.
Vice Mayor Genco questioned if the Unity of Title was separate from the
Amendment to the Declaration of Use Agreement. Mr. Saia noted the Unity of
Title was addressed in Article V of the amended Agreement. Councilmember
Resnik questioned whether the Use Agreement had been reviewed by the Village
Attorney. Attorney Scott Hawkins mentioned Attorney Randolph had reviewed
the Amended Declaration of Use Agreement. Attorney Hawkins questioned
whether there was a final draft of the amended Use Agreement. Mr. Saia indicated
the final draft was the only document that had an Article VII. Vice Mayor Genco
indicated the letter dated September 14, 2004, including the fax, was the draft
with all the language revisions. Attorney Hawkins questioned the issue of
Assignment of Interest.
VII�LAGE COUNCII.
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 5
VII. DEVELOPMENT MATTERS
Mr. Saia explained the way the document was drafted it would affect the land
only if Cornerstone or their affiliates, or other persons through the Cornerstone
contract take title to the property. He noted Cornerstone would be permitted to
have a partner under this document.
Councilmember Humpage mentioned concerns regarding the Use Agreement and
the restrictions being lifted. He felt the Agreement should only be with
Cornerstone. Vice Mayor Genco noted it would have to come back to Council if
someone else took over. She mentioned concerns with the building on the corner,
and explained she would want something to occur within a set time frame.
Vice Mayor Genco commented if they subdivide the parcels, one parcel could be
sold to another developer, and felt that was the intent of the Assignment. She
stated her biggest concern was if Cornerstone decided to sell the property with the
vacant condominiums, and was looking for a buyer for that property, the Village
could go through another prolonged period before development occurred. Mr.
Saia stated the applicant fully expected to proceed, and had no intent at this point
to sell, however, he felt the applicant could not be bound because something
could happen in three years or four years from now.
Attorney Hawkins indicated he understood that the proposal had been presented
that would work as follows: The proposed Use amendment would be executed
and held in escrow, and then it would not become effective until the conveyance
to Cornerstone by the current owner. Mr. Saia agreed, and commented it was
inherent in the draft, not actually stated, because the document would be only
executed by Cornerstone, not by the cunent owner, and therefore it could not take
place until after Cornerstone took title.
Attorney Hawkins noted Council could consider as an option, that the Agreement
would not become effective until Cornerstone took title and then the document
would be recorded. He explained the Amendment to the Declaration of Use
Agreement would be contingent upon title actually being delivered by
Cornerstone. Mr. Saia agreed that the language allowed for Cornerstone or a
subsidiary to execute the document. Attorney Hawkins stated he would want
some sort of document that sets out the understanding about the escrow, and how
it would work. Mr. Saia agreed if Council approved the Agreement he would
make it contingent upon him writing language that would be acceptable to the
Village Attorney, and that the document would be held in escrow until the Village
was comfortable that Cornerstone or affiliates had purchased the property.
VII,LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 6
VII. DEVELOPMENT MATTERS
Vice Mayor Genco suggested a time limit for demolition or an application for
redevelopment to come forward. Mayor Watkins clarified that Vice Mayor Genco
wanted some type of assurance that something would happen with this
development. Mr. Saia commented Council may not want to put a time limit on
this development, because it may take time to resolve site plan issues, and the
applicant would not want to rush and not be in the best interest of the Village or
the developer. Vice Mayor Genco asked if 18 months was acceptable to deliver an
application. Mr. Saia agreed 18 months was acceptable to deliver an application.
Attorney Hawkins indicated that would have to be a condition to the Amendment
requested by the applicant to include the language that within 18 months from
September 16, 2004 the applicant would have to make application for site plan
approval.
Mayor Watkins noted the applicant had invested a large amount of money into the
project, and questioned whether Council was comfortable with setting a time
limit. Consensus of Council agreed to move forward without the 18 month
restriction.
MOTION: Councilmember Humpage moved to app�ove the Amendment to the �eclaration of
Use Agreement, including adding language agreed upon by Mr. Saia and the
Village Attorney, that the document would be held in esc�ow until the TTillage was
comfortable that Cornerstone or affiliates had purchased the property; seconded
by Councilmember Resnik.
Mayor Watkins asked Mr. Saia to introduce his clients. Mr. Saia introduced Mr.
Gerald Valent, Vice President of Cornerstone. Mayor Watkins called the question.
(Public Comment)
Mr. Tom Paterno resident of River Drive questioned Mr. Saia's comments
regarding "affiliates" in the Use Agreement. Mr. Saia responded there were many
different possibilities on the financing.
Motion passed S-0.
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 7
VII. DEVELOPMENT MATTERS
B. Consideration of Variance Request by Equity Ventures Realty
representing Tamwest Realty for the property located at 502 U. S.
Highway One, County Line Plaza, for relief from the requirement
concerning interior parking islands; and Site Plan Review for renovations
to County Line Plaza for the previous K-Mart space to be converted to
space for Publix. Jeff Newell, Director of Community Development
MOTION: Councilmember Resnik moved to app�ove discussion of Item B; seconded by
Councilmember von Frank.
Mr. Jeff Newell, Community Development Director indicated this was a
conceptual site plan. He noted the Publix building would be smaller than the
previous Kmart building.
Ms. Carol Lux, Village Planner gave a brief background and history of the site.
She indicated Publix would be reducing the square footage of the new building by
56,000 square feet. She explained due to the Village Ordinances it was Staf�'s
determination for the applicant to submit a new site plan for the entire property,
including the out-parcels. She mentioned the Development Review Committee
(DRC), and the Planning and Zoning Board had reviewed the site plan.
Ms. Lux thanked Mr. Steve Parker, of Parker Design Group for the amount of
time spent in reviewing the current and proposed landscaping design.
Ms. Lux noted there were several variances previously approved for this site. She
explained the open space proposed by the applicant was appro�mately 20%,
which was less than allowed by code (25%). She noted the applicant was
requesting a variance regarding the interior landscaping of the parking areas, so
that the interior parking islands may be less than six feet wide and 20 feet in
length. She indicated the majority of the islands that required a variance were
located in the area fronting the old Winn Di�e, and the new Public parking area
would be improved to the current regulations. She mentioned the parking was
more than adequate, so there was room to eliminate parking spaces.
Attorney Hcnvkins swore in 4 people.
Vice Mayor Genco questioned whether there was a way for Publix to make the
improvements in phases, so they could bring everything up to the current code.
Ms. Lux noted Staff felt it was a substantial improvement and by definition that
would require an entire site plan approval. She indicated the applicant was
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 8
requesting the variance for a five-foot width and 18 foot length on the parking
islands. She stated Staff's recommendation was to deny the variance.
Mr. Barney Danzansky, President of Equity Ventures Realty and representing
Tamwest Realty reviewed the advantages of the project. He noted when the
parking islands were constructed they were not built to the current code, and still
remain unchanged. He agreed to comply with the six-foot width for the islands,
but felt the length requirement was complicated, noting the entire parking lot
would need to be scraped to meet the 20 foot length of the islands.
Councilmember Resnik noted the current islands were neatly landscaped and the
length appeared to cover the parking length. Village Manager Couzzo noted the
shorter islands could push the vehicle out into the drive aisle. Vice Mayor Genco
questioned the requirements for new development projects. Mr. Newell responded
a standard parking stall should be 9x18. Ms. Lux indicated in order for the
applicant to comply with the code, an entire drive aisle should be eliminated.
(Public Comment)
Mr. Tom Paterno, resident of River Drive suggested Publix might want to
consider angle parking. Mr. Danzansky explained Publix would prefer angle
parking, but mentioned concerns on the cost to scrap the e�sting islands,
including the landscaping and the lighting.
Councilmember Resnik supported the six-foot width and 18 foot length for the
islands. Councilmember Humpage questioned whether there were many accidents
within the parking aisles. Chief Allison responded no. Chief Weinand indicated
there have been no problems driving through the parking aisles with fire vehicles.
Councilmember Humpage felt this was the time for upgrades and suggested a few
more dollars be spent to make tlus place the class plaza it should be. He explained
he would want to move forward and receive the 25% open space as required. The
Mayor suggested a short recess for the applicant to quickly re-examine his
options.
The Mayor recessed the Meeting at 9:25 P.M. and reconvened the Meeting at
9: 35 P.M.
Mr. Danzansky stated in order to accomplish the goals of the Village, and have a
first class property, the applicant would agree to: 1) remove one parking aisle in
the center of the Public parking lot; and 2) replace the parking row with a
walkway that has two seven foot wide landscape islands surrounded by a six foot
walkway. The total width of the walkway including the landscape islands would
be 20 feet. Vice Mayor Genco questioned whether the proposed plan would
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 9
affect the overall lighting. Mr. Danzansky responded it would affect the lighting,
but indicated new lighting would be installed. He felt the applicant was over
parked at the center, and mentioned he would be agreeable to take the center
island and make it a safe pedestrian promenade, and remove some of the parking
spaces in front of Winn Di�e.
Vice Mayor Genco clarified the rest of the project would have the 18-foot length,
and a six-foot width, and the additional greenspace. Mr. Danzansky agreed
Councilmember Humpage clarified the walkway would be a minimum of 7 feet of
concrete area. Mr. Danzansky agreed. Vice-Mayor Genco clarified there would be
5-6 feet of greenspace on each side of the walkway. Mr. Danzansky agreed.
Ms. Lux requested pavers for the seven-foot walkway. Village Manager Couzzo
suggested tinted concrete instead of pavers, so the shopping carts could move
smoother.
MOTION: Attorney Hawkins stated the motion: 1) the applicant would be permitted to have
islands I8 f'eet in Zength, instead of 20 feet, and this would be granted upon the
applicant presenting a site plan that incorporates the 7 foot promenade down the
center of the development, subject to Staff approval. Vice Mayor Genco moved to
approve the variance, including landscaping on the both sides of the 7'
promencrde for a minimum of 19 feet wide; seconded by Councilmember Resnik;
motion passed 4-1, with Councilmember Humpage opposing the motion.
Mr. Danzansky reviewed the site plan improvements, including the addition of 23
new landscaped islands, upgrading the site lighting, and repainting the entire
shopping center. He noted the sign on U.S. Highway One would be upgraded, and
a uniform signage plan for the entire shopping center would come back to
Council. He indicated the parking count was reduced to allow for additional
greenspace. He noted the applicant was requested to do e�ensive landscaping in
the center island, remove all the e�sting walkways and replace with pavers along
the shopping center, added loading zones for safety, and adding a right turn lane
along U.S. One.
He explained the right turn lane was not shown on the proposed site plan in
Council packet. He noted the P&Z and Staff had approved an alternative site plan
with a right turn lane. He pointed out for the record, Florida Department of
Transportation (FDOT) had requested a second turn lane for the northern
vehicular access area, and the applicant agreed to the requirement. He indicated
when the property owner to the north provides the right-of-way, the applicant
would at that time dedicate their portion.
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 10
MOTION: Councilmember Resnik moved to approve the site plan; seconded by
Councilmembe� Humpage; motion passed S-0.
VIII. COMMUNICATIONS FROM CITIZENS
Mr. Howard Morton, resident of Fairview West felt he could not trust FPL in the after
math of what happened with the electricity after the storm. He felt the Village should
consider undergrounding powerlines, so that the lines could become the property of the
Village. He suggested Council consider a bond issue to address undergrounding power in
the Village of Tequesta.
Mayor Watkins read into the record that Mr. John Vance, resident of Fairview West had
left the meeting, but turned in a comment card regarding post hurricane management
within the Village.
IX. COMMUNICATIONS FROM COUNCII.
Councilmember Humpage
— Complimented Staff on all their efforts during the hurricane crisis. He noted he
entertained the thought of creating a statewide JUA to handle the power situation.
— Asked Council to formally thank Mr. John Zuccarelli, Mayor of Jupiter Inlet
Colony and business owner in the Village, for providing the staging area for
dumping debris, and providing ice to the Village. Mayor Watkins agreed to send
Mr. Zuccarelli a letter of thanks.
Councilmember Resnik
— Commented on the Code Section 18-31 providing the authority to establish an
emergency management team, including the Mayor, the Fire Chief (Emergency
Management Director), and the Village Manager. He noted he was impressed
with the way the team took charge, and how it significantly benefited the Village.
He thanked the team for the wonderful effort during the hurricanes.
Vice Mavor Genco
— Noted the legislature in Tallahassee was discussing concepts regarding providing
hurricane relief to people for their buildings and their homes based on their
assessed value of their home, which in essence could affect the Village's Ad
Valorem Taxes. She noted the legislature also had come up with other concepts
that could affect the Village's revenues.
— Mentioned concerns that some of the items on tonight's agenda that were not
listed on the analysis could affect the Village's cash revenues by appro�mately
$300,000.00 which could take the Village's cash reserves down to $1.1 million.
VII,LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 11
She felt the Village was below the safety net the Florida League of Cities
suggested. She indicated she would oppose anything that would decrease the cash
reserves below $1.5 million.
— Indicated she agreed with Mr. Morton regarding looking at the possibility of
burying lines. She noted the Florida League of Cities has a program that they
helped develop for other Cities with suggestions to prioritize main feeder lines by
phasing, and allow for budget allocations without raising a bond.
— Suggested that the Village establish a Petty Cash policy and require a purchase
order for any amount over $25.00.
— Announced Federal Emergency Management Assistance (FEMA) will only cover
75% on debris removal, and could take up to 18 months to be reimbursed. She
suggested that was another reason to keep up the cash reserves.
Mavor Watkins
— Commended Chief Weinand, Chief Allison, the Village Manager and all the Staff
that was involved in the hurricane. She noted it was quite impressive to see the
plans in action and working. She mentioned she appreciated having the new
Public Safety Facility, and felt the old building may not survived the hurricanes.
She thanked Staff for their time and dedication provided to the Village during the
storms, and thanked Council for all their time and efforts during the last few
weeks. She felt on the whole, the Village came through the situation well, and the
plan was successful.
— Asked Council to consider for the ne� meeting addressing Council's charitable
donation requests. She noted she had received some letters requesting funds.
Consensus of Council agreed to place on the ne� meeting, and asked the Village
Manager to provide copies of the letters to Council.
IX. NEW BUSINESS
A. RESOLUTION NO. 64-03/04 - A RESOLUTION OF THE VII.,LAGE
COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, A.PPROVING A PROPOSAL FROM RACHLIN COHEN & HOLTZ
LLP FOR AUDITING SERVICES FOR THE FISCAL YEARS ENDED
SEPTEMBER 30, 2004 AND 2005 WITH FEES NOT TO EXCEED $43,300
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004 AND $45,750 FOR
THE F/Y/E SEPTEMBER 30, 2005, WITH AN OPTION TO RENEW FOR
TWO SUBSEQUENT YEARS (2006 AND 2007) AT THE MUTUAL
AGREEMENT OF BOTH THE VII.,LAGE OF TEQUESTA AND RACHLIN
COHEN & HOLTZ, AND AUTHORIZING THE VII,LAGE MANAGER TO
EXECUTE TI� APPLICABLE CONTRACT ON BEHALF OF THE
VII,LAGE.
JoAnn Forsythe, Finance Director
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 12
Village Attorney Hawkins read Resolution 64-03/04 by caption.
MOTION: Councilmember von Fi�ank moved to approve Resolution 64-03/04;
seconded by Councilmember Resnik; motion passed S-0.
B. Discussion of possible action regarding an amendment to existing
ArchitecturaUEngineering Contract with CH2MHill for Village Hall.
MOTION: Councilmember Humpage moved to app�ove discussion for an
amendment to the Architectural/Engineering Contract with CH2MHill for Village
Hall; seconded by von Frank.
Village Manager Couzzo mentioned this item was being presented to Council as
result of the information learned from Hurricane Frances. He noted during the
storm it was suggested that hurricane hardening be considered for the future
Council Chambers and employee lounge area in the new Village Hall. He stated
in the event there was another storm, the Village could provide housing for the
families of the emergency personnel on duty, and as a possible last resort shelter
to Village residents. He indicated the cost to harden the space would be
appro�mately $300,000.00, and the ArchitecturaUEngineering design fees would
be appro�mately $30,000.00. He felt this would be a good time to address any
changes to the drawings.
Vice Mayor Genco questioned the amount of square feet proposed to be hardened.
Village Manager Couzzo noted the building would be approximately 9,800 square
feet, and 3,000 square feet would be the area for hardening. He suggested that it
could possibly be bid as an add-alternate, so the Village could choose whether or
not to bid the item.
Councilmember von Frank questioned what the overall cost increase would be to
the project with the proposed hardening. Village Manager Couzzo indicated the
cost would probably increase the project by 10% to 15%, or $300,000.00. He
explained there were other options such as a loan from the reserves.
Vice Mayor Genco felt $30,000.00 to change the architectural plans was high.
She pointed out the Village has a well run Emergency Operations Center (EOC)
that was utilized at its maximum during the hurricanes. She suggested the Village
should have a method of using some of the space as a disaster recovery area for
Village administration. She noted once the EOC operation was completed the
administrative Staff could access and use the area.
VII.,LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 13
Village Manager Couzzo noted he was looking to raise the level of the building to
withstand a Category 4 or 5 hurricane. Vice Mayor Genco suggested if the Village
was looking at providing a shelter for the public, then she would prefer to wait
and consider when a new recreation center was built.
Councilmember Humpage agreed with Vice Mayor Genco that Council needed to
be more prudent with spending. He favored waiting to see what better could be
accomplished for the Village.
Councilmember Resnik stated the cost may be less than $300,000.00, and the
$30,000.00 would give the Village a plan and estimated cost. He suggested
Council wait if they did not want to invest the money now, and felt some
protection in the building would be worthwhile.
Mr. Jeff Newell, Community Development Director indicated the standard design
criteria for this area was 140 mph wind speed. He suggested considering
designing the building for 200 mph wind speed. Vice Mayor Genco suggested
Staff might want to inquire on the cost for hardening the entire building. Village
Manager Couzzo explained it might require some redesign for the whole building.
Vice Mayor Genco felt the consultants could provide a ball-park figure on the
increased costs of the building to accommodate 200 mph.
Councilmember Humpage indicated he was withdrawing his motion to approve
an amendment to the contract; Councilmember von Frank withdrew his second.
No action was taken at this time.
C. Discussion and possible action regarding Councilmember von Frank's
recommendation for performance recognition compensation for Village Manager
Couzzo.
MOTION: Councilmember Resnik moved to app�ove Councilmember von
Frank's recommendation fo� the performance recognition compensation (PRC)
for Tjillage Manager Michael R. Couzzo, Jr. in the amount of $14, D00. D0;
seconded by Councilmember Humpage.
Councilmember von Frank commented on the upcoming bridge closing for SR
707 that would take place in 2005. He noted the Village would have additional
obligations during the closing for Fire and Police Services for Jupiter Inlet
Colony. He asked Chief Weinand and Chief Allison to confirm. Chief Jim
Weinand, Fire Chief and Chief Steve Allison, Police Chief responded in the
affirmative.
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 14
agreement with Palm Beach County to take over the Village's obligation of the
contract for services. He noted the agreement saved the Village appro�mately
$150,000.00. He commented on the additional savings the Village Manager had
negotiated for the Village, including the percentage rate drop for Worker's
Compensation. He felt a good starting point for the PRC was $15,000.00.
Councilmember von Frank indicated after discussions with Mr. Couzzo, Mr.
Couzzo agreed with $14,000.00. Councilmember von Frank recommended
Council approval of $14,000.00 for Village Manager Michael Couzzo's
Performance Recognition Compensation.
Vice Mayor Genco mentioned the contract was already compensating the Village
Manager with a 3% COLA, 4% Merit Increase, and $6,000.00 per year car
allowance. She commented that additional personnel was hired to help Mr.
Couzzo, and felt saving the Village money was part of the job.
Mr. Howard Morton, resident of Fairview West questioned whether Item C
should be conducted as a closed session. Attorney Scott Hawkins indicated it did
not need to be a closed session.
Mr. Couzzo left the �oom at 1 D: 30 P.M.
Council discussion followed on the PRC. Vice Mayor Genco pointed out Council
would be looking at a 20% bonus for Mr. Couzzo, and explained Mr. Couzzo's
retirement contribution was increased from 6% to 12% in 2003. Councilmember
Humpage noted the COLA and Merit Increases were separate in his contract apart
from the PRC. He indicated he was inclined to look at the issues regarding the
Staffing. He explained Mr. Couzzo was also the Utility Director for the Village.
Vice Mayor Genco felt Mr. Couzzo had agreed to not hire additional Staff, and
commented he had also hired consultants to help him with various projects.
Councilmember Humpage commented he reviewed the whole picture, and felt
comfortable with an amount of at least $12,000.00. Councilmember Resnik
explained he and the Personnel Attorney had reviewed Mr. Couzzo's contract 2
years ago, and they looked at the benefits Mr. Couzzo had brought to the Village.
He noted the amended contract was for a five-year period - with the same
percentages for COLA and Merit - 4 of the 5 years.
Mayor Watkins pointed out Mr. Couzzo had received a PRC of $12,000.00 last
year, and noted the amount of work he did this year compared to last year had
increased. She noted she would not want to ask for anything less than $12,000.00.
VILLAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 15
MOTION: Councilmember von Frank moved to app�ove the PRC for the
Village Manager Couzzo in the amount of $14, 000. 00; seconded by
Councilmember Resnik; motion passed 4-1, with Vice Mayor Genco opposing the
motion.
Village Manage� Couzzo returned to the Meeting at 10: 40 P.M.
�1 /� a � �
D. RESOLUTION NO. 65-03/04 — A RESOLUTION OF TI� VII.,LAGE
COUNCIL OF THE VII.,LAGE OF TE UESTA, PALM BEACH COUNTY,
FLORIDA, APPROPRIATING $1 F O ,000.00 IN THE GENERAL FUND,
ACCOUNT #001-990-599.902, RESERVES-C4NTINGENCY AND $50,000.00
IN THE WATER FLJND, ACCOIINT #401-990-599.902, RESERVES-
CONTINGENCY, FROM DESIGNATED FUND BALANCE TO FUND
EMERGENCY EXI'ENDITURES.
MOTION: Councilmember Humpage moved to app�ove Resolution No. 65-
03/04; seconded by Councilmember von Frank.
Councilmember Humpage questioned whether the Village would submit bills to
the Federal Emergency Management Agency (FEMA) for payment. Ms. JoAnn
Forsythe, Finance Director indicated the bills would be submitted upfront to
FEMA for reimbursement. Village Manager Couzzo commented the bills would
be submitted immediately, as the Village receives them. He noted the $50,000.00
from the Water Fund would be for personnel expenses, and would be reimbursed
back into the Water Fund as the monies were received from FEMA.
Vice Mayor Genco questioned whether the debt removal was included. Ms.
Forsythe responded in the affirmative. Village Manager Couzzo noted
$100,000.00 would be used from the General Fund for debris collection and
emergency expenses. He asked Mr. Preston the amount incurred to date for the
debris collection.
Mr. Gary Preston, Public Works Director indicated the appro�mate amount to
date was $140,000.00. He commented the first phase of debris collection would
be completed by September 17, 2004, and explained the bill for Nichols
Sanitation would not be received for several months. Ms. Forsythe mentioned she
would need an invoice for the work completed at September 30, 2004 to pay out
of this fiscal year budget.
Vice Mayor Genco suggested the amount from the General Fund should be
increased to $150,000.00 to cover the costs. Councilmember Humpage suggested
$200,000.00. Ms. Forsythe agreed $200,000.00 may be needed.
VII.LAGE COUNCIL
REGULAR MEETING MINUTES
SEPTEMBER 16, 2004
Page 16
$200,000.00. Ms. Forsythe agreed $200,000.00 may be needed.
Councilmember Resnik explained there was $1,000,000.00 allotted for emergency
use. He suggested using those funds. He agreed with Councilmember Humpage
on using $200,000.00 from the General Fund- Reserves.
MOTION: Councilmember Humpage moved to approve an increase ft
$100, 000. 00 to $200, 000. 00 from the General Fund — Reserves, and $50, 000. 00
from the Water Fund; seconded by Councilmember Resnik; motion passed S-0.
X. ANY OTHER MATTERS - None
XI. ADJOURNMENT:
MOTION: Vice Mayor Genco moved to approve adjou� of the meeting;
seconded by Mayor Watkins; motion passed 5-0.
The Meeting was adjourned at 10: 55 P.M.
Gwen E. Carlisle
Village Clerk