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HomeMy WebLinkAboutDocumentation_Regular_Tab 05A_10/06/2003 � r � � .� '' ' � VILLAGE OF TEQUESTA � `'�"' Posi Office Box 3273 • 250 Tequesta Drive, Suite 300 \�� a Teqnesta, Flc�ricia 33469-0273 • (561) 575-6200 � � Fax:(S61)575-6203 ,� N "� VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING HELD IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS ON FINAL MILLAGE AND BUDGETS MEETING MINUTES SEPTEMBER 18, 2003 I. Call to Order and Roll Call The Tequesta Village Council held a Regularly Scheduled Village Council Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, September 18, 2003. The meeting was called to order at 7:42 p.m. by the Village Clerk. A roll call was taken by Mary Miles, Village Clerk. Council Members present were: Mayor Edward D. Resnik, Vice Mayor Russell J. von Frank, Council Member Joseph N. Capretta, and Cauncil Member Pat Watkins. Council Member Geraldine A. Genco arrived at 7:31 p.m. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott G. Hawkins, Village Clerk Mary Miles, and Department Heads. II. Invocation and Pledge of Allegiance Council Member Pat Watkins gave the invocation and led the pledge of allegiance. III. Approval of Agenda Village Clerk Miles announced there were items under Development Matters being � removed by staff—one was the Casa del Sol parcel, which had been requested to be removed by the developer, and the other item being pulled by staff was the alleyway abandonment. Council Member Genco requested that Item D under the Consent Agenda be pulled. A member of the audience asked if the alleyway abandonment would be rescheduled. Village Manager Couzzo indicated that item would be heard at a later date, the affected residents would be notified, and it would be advertised. MOTION Council Member Watkins made a motion to approve the agenda as amended. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. Recycled Paper r v ' VILLAGE OF TEQUESTA '�' Post Office Box 3273 • 250 Tequesta Drive, Suite 300 �� � Tequesta, Florida 33469-0273 • (561) 575-6200 �� , ' o Fax:(561)575-6203 i VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING � HELD IMMEDIATELY FOLLOWING THE PUBLIC HEARINGS ON FINAL MILLAGE AND BUDGETS MEETING MINUTES SEPTEMBER 18, 2003 I. Call to Order and Roll Call The Tequesta Village Council held a Regularly Scheduled Village Council Meeting at the Tequesta. Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, September 18, 2003. The meeting was called to order at 7:42 p.m. by the Village Clerk. A roll ca11 was taken by Mary Miles, uillage Clerk. Council Members present were: Mayor Edward D. Resnik, Vice Mayor Russell J. von Frank, Council Member Joseph N. Capretta, and Council Member Pat Watkins. Council Member Geraldine A. Genco arrived at 7:31 p.m. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott G. Hawkins, Village Clerk Mary Miles, and Depa.rtrr�ent Heads. II. Invocation and Pledge of Allegiance Council Member Pat Watkins gave the invocation and led the pledge of allegiance. III. Approval of Agenda Village Clerk Miles announced there were items under Development Matters being removed by staff—one was the Casa del Sol parcel, which had been requested to be removed by the developer, and the other item being pulled by staff was the alleyway abandonment. Council Member Genco requested that Item D under the Consent Agenda be pulled. A member of the audience asked if the alleyway abandonment would be rescheduled. Village Manager Couzzo indicated that item would be heard at a later date, the affected residents would be notified, and it would be advertised. MOTION: Council Member Waticins made a motion to approve the agenda as amended. Vice Ma or von Frank seconded the motion which carried b unanimous 5-0 Y � Y vote. Recycled Paper PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BiTDGET MEETING MINUTES SEPTEMBER 18, 2003 Page 2 Mayor Resnik commented that at the last Village Council meeting, a resident had indicated that sometimes the meetings moved too fast for her to gain an understanding of what was being considered before it was vated on by the Council. Mayor Resnik recognized there were times routine matters were voted on without much discussion, commented he regretted the inconvenience this had caused, and advised that would hopefiilly be improved tonight with addition of a summary to each item on the agenda. The sumrnary explained the item sufFiciently to understand it, and where there was nn summary, whoever presented the item would provide the summary. If a resident had a specific question on an item, Mayor Resnik would recognize the person so that the question could be asked and answered, and if the answer was not readily available, it would be given when available. Mayor Resnik noted this was not to become a long debate, but was presented to help understanding and was not intended to prolong meetings. IV. Presentations and Proclamations I Mayor Resnik explaaned that the Village received requests from worthy community and state and other variaus organizations to publish a proclamation �or their particular undertaking. These were sent ou�t to other communities as well. The Village looked at those as things that would benefit the community, and three were on tonight's a enda. g A. Proclamation designating October 19 to 24, 2003 as ��National Business Women's Week." Summary: This Proclamation received from the Director for the Professional Women of Palm Beach County is intended to recognize the contribution of women entrepreneurs and the professional women of our community. Village Clerk Miles read the proclamation. B. Proclamation desigtiating September 17 to 23, 2003 as "Constitution Week." Summary: This Proclamation was received from the Jupiter Lighthouse C1�a�pter of the Daughters of the American Revolution. It commemorates the 213 anniversary of the drafting of the Constitution of the U.S. and urges all Americans to reflect on the privilege of being an American. Mayor Edward D. Resnik read the proclamation. C. Proclamation designating September 2003 as "Sickle Cell Awareness Month." Summary: This Proclamation was received from the Sickle Cell Foundation of � I PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUDGET MEETING MINUTES SEPTEMBER 18, 2003 Page 3 Palm Beach County. It is designed to increase the awareness of the seriousness of this disease throughout Palm Beach County. Viliage Clerk Miles read the proclamation. D. Presentation of the Village of Tequesta's PRIDE decal. Summary: To be presented by Detective Brian Youngblood. Detective Youngbload commented the definition of pride could vary according to who you asked; it might be defined as an unduly high opinion of oneself or dignity or satisfaction. It could be good or bad. Detective Youngblood commented everyone was proud to live and work in Tequesta. and a way to show that pride had been deveioped in the form of a decal. The goal was to mail two decals to each resident, so that they could have the opportunity to use them to show their pride in the Village. Detective Youngblood presented the first copies of the decal to each member of the Village CaunciL V. CONSENT AGENDA Mayor Resnik requested that item D which had been pulled from th� Consent Agenda, be discussed. D. Resolution No. 48-02/03—A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A, CONTRACT FOR THE SALE OF THE PARCEL OF LAND LY1NG IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA (TEQUESTA VILLAGE CENTER PARCEL), WITH LOUIS FEIBEL, TRUSTEE, HIGH BIDDER, IN THE AMOUNT OF $520,000.00, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE CONTRACT, PROVIDING AN EFFECTIVE DATE. Summary: The sa�le of this parcel was previously approved by Council with direction that the contract be negotiated and executed by appropriate Village officials. Village Manager Couzzo has com leted ne otiatin the contract and it has been si ed p g g � by the purchaser. The contract is being presented to Council for informational review in conjunction with the Resolution authorizing the execution of the contract for the sale of the property. Council Member Genco read Resolution No. 4$-02/03 by caption. MOTION ' PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUDGET MEETING MINUTES SEPTEMBER 18, 2003 � Page 4 Council Member Watkins made a motion to approve Resolutinn No. 48-02/03. Vice Mayor von Frank seconded the motion. During discussion of the motion, Council Member Genco commented the Council had approved selling the parcel of land which the Village owned, and at that time her concern had been that the purchaser, Mr. Feibel as trustee, might be under a misconception as to what could or could not be done with Yhis property. Council Member Genco reported she had spoken with Director of Community Development Jeff Newell and Village Manager Couzzo about a former resolution that went along with ' this property tihat the Village had egecuted wi�h JMZ Properties; that the developers agreement on those four parcels of land, including the one currently being sold, said that there were permitted uses, and special ezception uses which required approval by the Village Council prior to their implementation. Covenants that went with this property stated that this developer's agreement would be binding upon the successors to JMZ Properties and the Village, which meant the new owner of this property vVould have to follow the requirements in that ordinance, and she wanted to have it as a matter of record in the bill of sale or any document that the Village stgned that the purchaser of this property from the Village was aware of these covenants and acknowledged their agreement to be bound by them. Council Member Genco stated she considered this very important in keeping consistency in deveIopment of this parcel of land. Council Member Genco also noted that currently the JMZ property owner, John Zuccarelli, who had building one already constructed, needed to have a special exception for the emergency medical center which was being constructed because it was over 3,500 square feet and in the developer's agreement was required to obtain Village Council approval. Council Member Genco stated that after this item had been conclude�d, she would like to make a motion to allow John Zuccarelli a special egception for this parcel of land for the emergency clinic facility of more than 3,500 square feet, consistent with the original developer's agreement. Council Member Capretta ezpressed concern regarding the process since he believed Mr. Zuccarelli was required to come to the Council to request a special egception and had not done so, and Council Member Genco was asking for the special e�cception as if she were representing Mr. Zuccarelli. Council Member Capretta recommended the Village Manager write a letter to Mr. Zuecarelli reminding him of the covenant and if he intended to open the facility he must apply for an egception and follow the process. Council Member Genco commented that could be handled as a separate item if that was what the Council wanted, and the first thing needed was a vote on the motion on the floor. Councit Member Capretta indicated he did not want a precedent of not following the proper process, and felt the right thing to do would be ta remind Mr. Zuccarelli of that process. The Village Manager indicated that it seemed like a housekeeping matter that could be PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL F`Y 2003/2004 BUDGET MEETING MINUTES SEPTEMBER 18, 2003 Page 5 resolved. The Village Attorney clarified that the contract did not egpressly refer to the developers' agreement, bqt Council Member Genco was correct in that the contract was by law subordinate to covenants that ran with the land. The developer's agreement was a covenant that ran with the land, which meant it binds owners who take title to the land. The contract ezpressly provided �hat a successor in interest must abide by the terms and conditions of this contract, this developer's agreement; therefore, if Louis Feibel as trustee took the land he took it subordinate to those covenants that ran with the land. That was not eapressly referred to in the contract but if it was the wish of the Council that the contract be modified to show an acknowledgement that could easily be done. Council Member Genco stated she would like to see that and would like it to refer to the specific record book and page, because she believed in full disclosure, and would hate for someone to say two years from now they did not know anything about this. Attorney Hawkins advised they were deemed to be on notice as a matter of law. Anyone who took title to property in the State of Florida was deemed to be on notice of what was recorded, and that was the law, but if the Council wished, be could insert that language. Council Member Genco stated she would like to see the language. Discussion ensued. Council � Member Watkins asked if there were any disclosure issues. Attorney Hawlcins eaplained there were none, but it was easy to insert the language. Council Member Capretta cammented regarding the current problem with building one it was that he did not know if Mr. Zuccarelli was aware of the 3500 rule. Village Manager Couzzo commented that could be handled as a separate issue, doing the housekeeping internally and bringing it back to the Council. Attorney Hawkins advised that it would help the situation if the Council authorized the Village Manager to enter into a contract subject to insertion of the language requested by Council Member Genco, which could be done, and � there was a time constraint that he wanted to make sure the Council was aware off--that the buyer requested a 30-day due diligence period, which meant they wanted the contract to become effective tomorrow, but that could not happen with the new language. They wanted a 30-day period to run from the time the contract was formed, meaning when the two parties signed the same piece of paper. 30 days to inspect title, to inspect zoning and use restrictions, etc., and they would want the right to get out of the contract if they found a problem. This was a fairly customary procedure in a commercial transaction of this magnitade. If the Council did noti agree with 30 days they needed to advise Attorney Hawkins right away; if they agreed with 30 days they �►eeded to express that and authorize the manager to move forthwith. Council Member Genco commented that would have happened without her request, which Attorney Hawl;ins verified, but he advised that the request for the 30-day period had just recently been made, within the past ten days. Council Member PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUDGET MEETING MINUTES SEPTEMBER 18, 2003 Page 6 Genco asked why this request was made, to which Attorney Hawkins responded it was his and his partner's impression they wanted to study what they were getting into. Attorney Hawlcins advised this was a standard procedure and the Council's a�ceptance c�epended on whether they wanted the contract to go forward. Attorney Hawkins stated a due diligence period in this area was very, very common. Mayor Resnik commented as he understood it, Mr. Feibel had already signed a draft of the contract, and if authorized by the Council tonight, the Village Manager would also sign. Attorney Hawkins verified that was correct. Then there would be 30 days in which the buyer would research every restriction, every covenant, and everything that could possibly impact his development of that property, and when he compl�ted that he would say yes or no. Attorney Hawkins advised that the only change to what the Mayor had just outlined was if the Council wanted language inserted. Mayor Resnik stated he did not think that needed to be done under the 30-day concept, provided that the bnyer got the agreement as part of the documentation attached to the purchase of the property. Council Member Capretta asked if the Village had any obligation during negotiation of the price to show him the covenants. Attorney Hawkins responded, no, that it was an ��as is, where is" contract. Attorne Ha wkins stated Ms. Genco wanted lan a e inserted and he could o Y gu g n t tell if the other members of the Council also wanted that, Mayor Resnik commented the contract was due by tomorrow; otherwise, it would have to be extended again for the attqrney to add an egplanation of the restrictions. Attorney Hawkins stated that was correct but as the seller the Village could choose to not make it due tomorrow. Council Member Genco stated the Council could authorize the Village Manager to sign the contract tomorrow with that one sentence. Attorney Hawkins advised then it would have to go back to the seller to agree or not agree, and right now the Village Manager could sign it in the morning and there would be a contract formed. Vice Mayor von Frank stated he was making a motion to accept Resolution 48-02/03. Attorney Hawkins stated there were now conflicting motions. Council Member Genco commented there was already a motion to approve the resolution egactly as it was and without any addendum, and this was discussion whether or not to amend it, and the issue was how the Council wanted to handle it—by an addendum to the contract or an attachment. Cauncil Member Watkins stated she understood from the attorney that it was up to the buyer or his agent to research this and she did not think any additional language was necessary. Council 1Vlember Caprett� commented he saw no reason to delay. Council Member Genco commented it had been laid out on the table in a public hearing. Attorney Hawkins advised when the contract was transmitted tomorrow after being signed by Mr. Couzzo, assuming that was how the vote went, he would send a copy of the document and say please take note this is on the record. PUBLIC HEARINGS ON FINAL MILLAGE ANll FINAL FY 2003/2004 BLTDGET MEETING NIINUTES SEPTEMBER 18, 2003 Page 7 Council Member Genco commented a separate co�ver letter could be sent stating for your information, a�d that would cover it, and she would feel so much better. Mayor Resnik stated that was fine to send a letter under separate cover and the contract. There was no further discussion. The vote on appxoval of Resolution 4$-02/03 carried by unanimous 5-0 vote. Council Member Capretta asked if the 3,500 square foot issue was going to be taken care of, to which the Village Manager responded he would see that was done. Dr. Taimor Carey, a resident, advised that medical facilities must meet certain standards and something with which everyone was familiar was x-rays. For an x-ray machine, walls had to be protected with lead, and if the Department of Health came and that had not been done Mr. Zuccarelli could sue if he had not been advised of this. Village Manager Couzz4 sta.ted that was Mr. Newell's job. Dr. Carey commented he was just bringing it up because as far as he knew this was the first medical facility in the Village. MOTION: Council Member Capretta made a motion to approve the rest of the items on the Consent Agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. The items approved on the Consent Agenda were as follows: A. Regular Village Council Meeting Minutes of August 12, 2003. Summary: Not adaptable to a summary. Copy of minutes available from the Village Clerl� B. Village Cou�acil Workshop Meeting Minutes of August 19, 2003. Summary: This was a workshop to receive a presentation on and discuss the 2003/2004 Budget. Copy available from the Village Cler1� C. Designate certain vehicles (1992 Chevy Cheyenne, 1993 Ford Ran�er and 1990 Ford F250) from Public Works and Utilities as surplus. Summary: These vehicles are no longer needed for Village business and are to be auctioned off at the North County lYlunicipal Surplus Sale on Septenzber 20, 2003 at the Palm Beach , Gardens Public Works Facility if declared surplus by Council. VI. Development Matters Mayor Resnik announced there were no development matters. PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUbGET MEETING MINUTES SEPTEMBER 1$, 2003 Page 8 VII. Communications from Citizens Wade Crriest 494 Dover Road, commented that on the a enda under Communications � from Citizens, it stated very clearly to state name and address. Mr. G�iest expressed his opinion that this was very important because it did three things—it helped the clerk when typing notes, it helped hard-of-hearing people, and it kept people from talking too much. It would also be a way to get to know who people were, since there was a couple present who had been attending Council meetings and had brought up some good ideas, but he had no idea who they vvere. V�II. Communications from Council I I Mayor Resnik read a memo provided by the Village Manager from Jack � Planning Consultant, regarding the Village code update, to impress upon the Council and residents present the scope and magnitude of this effort which was underway under the guidance of the '�illage Manager, and the sequence in which this process would be canducted to assure extensive public review and participation during this lengthy update. The memo stressed the scope of the project and noted that once the in-house reviews and draft documents were completed, that there would be an �xtensive public participation process and proposed updates would be presented to the general public for their comment and input. The memo advised that the Village was considering establishing a Planning and Zoning Board, which would be an adviso board to the Villa e Council. One of rY g their chazges would be to review a11 proposed revisions and updates to the comprehensive zoning ordinance and subdivision regulations, and make recommendations to the Village Council. It was anticipated that a number of public workshops and meetings would have to be held by the Planning and Zoning Board because of the extensiveness of this work effort, and to give the public ample opporlunity to make comment and input to the process. The Village Council, once they had received the recommendations from tb.e Plannin and Zonin Board would also be re ui ed t g g , q r o hold public hearings for the . . . purpose of receiving public comment before any official action. The time required to I complete the entire process was anticipated to take a large portion of the coming fiscal 'i year. Council Member Genco asked if this was in response to all the questions the Council had been getting on zoning changes in Tequesta. Country Club. Mayor Resnik responded there had been an undercurrent of questions about who was doing the changes, when the changes would be done, and who was participating, and he had felt this memo from Jack Horniman was very well put together and he had read it to explain the process. Mayor Resnik commented he hoped a Planning and Zoning Board was eventually approved by the Council and manned by citizens from the community. Council Member Genco clarified vv�th the Mayor that at this point in time no zoning changes were being proposed, and expressed her hope that the Council would look at setting it up in districts so there would be members from different areas of the community and possibly one i PUBLIC HEARINGS ON FINAL MILLAGE AND FINAL FY 2003/2004 BUDGET MEETING MINUTES SEPTEMBER 18, 2003 Pa e 9 g member at lazge so that no one community could have control over the decisions made. Discussion ensued. Ma or Resnik advised that althou th 'lla y e Vi e could re uire � g q members be fram different districts, they could not make people volunteer, and in the past �liere ha.d been more volunteers from one area than from others. Council Member I '� Ca r p etta, commented it was a surpnse ta lum to hear there were no zoning ordinances being considered since Village Manager Couzzo had told many residents in the Country Club that the Village was considering making changes on boats, trailers, a11 kinds of things around town, and was going to change the ordinance; and it became so knowledgeable that h� had received six ca11s from North Carolina from snow birds who heard the meetings were going to be held during the month of August and wanted to know why it was being done while the were awa . Council Member Ca retta. had Y Y P assured them it would not be done while they were away, that it would be done later in the year. Mayor Resnik sta.ted there vvere no proposed ordinances for that. Council Member Capretta asked the Village Managex if he had an information on that. Villa e Y g Manager Couzzo reported staff had been working on the code changes for about 16 months looking at bringing it all together; there were other �ssues coming up, code ' enforcement matters, and his estimate was it would take th� better part of a year before it j fina,lly came to the Council. Council Member Capretta commented then he thought the people in North Carolina had been given a pretty lousy answer, since the information the Village Manager gave him was that it would not be in August, it would be in November, so they thought it was 2003, and now Mr. Couzzo was saying November 2004. Mr. Couzzo stated it was reasonable to estimate the discussions would take place during the snow bird season, and it was not up to him how long the process took. Council Member Capretta commented while they were on the subject of miscommui�ications, he had asked probably 12 times in these meetings when there would be hearings about some other subjects, like the water strategy, and the Village Manager kept saying tomorrow, tomorrow, it was going to come up, and there were several other items like that. Mayor �'� Resnik stated any changes to the code had to corne before the Council, had to be heard twice, and this was the end of this discussion. Village Manager Couzzo sta.ted the next item Council Member Capretta. was interested in was the next item on the agenda. Ma or Resnik advised that o e y n b half of Village Manager Couzzo he would like to personally thank Finance Director Jody Forsythe of the Village staff for the really fine job she did on the budget summary. At the last meeting Peggy Verhoeven had expressed � extreme pleasure at being able to read the document, and it was an excellent document which made reading and understanding the budget a lot easier. Mayor Resnik also ' acknowledged Rev. Pau1 Beresford, Chaplain of the Police and Fire Departments, for the � superb 9-11 remembrance and recognition event. Council Member Genco advised she was donating up to $1,000 from her budget to Jupiter Science Academy, which was doing environmental work along with the