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HomeMy WebLinkAboutDocumentation_Regular_Tab 05A_11/13/2003 r a� ,�� VILLAGE OF TEQUESTA `� Post Office Box 3273 • 250 Tequesta Drive, Suite 300 °" ��� a � Tequesta, Flerida 33469-0273 • (561) 575-6200 <� ;. - �` � Fax: (561) 575-6203 � 4 �' Co y VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING MINUTES OCTOBER 6, 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 Monday, October 6, 2003. The meeting was called to order at 7:02 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 Council Member Pat Watkins. Council Member Geraldine A. Genco arrived at 7:06 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 Joseph N. Capretta gave the invocation and led the pledge of allegiance. III. Approval of Agenda MOTION Vice Mayor von Frank made a motion to approve the agenda as submitted. Council Member Watkins seconded the motion, which carried by unanimous 4-0 vote. IV. Presentations and Proclamations A. Presentation of an Automatic External Defibrillator (AED) to be housed in the Council Chambers, made possible by a grant from the American Heart Association. Fire Chief James Weinand advised that a representative from the American Heart Association could not be present, and introduced Peter Allen, who was instrumental in obtaining the grant for the AED so that there was no cost to the Recycled Paper VII,LAGE COUNCII.. MEETING 1VIINUTES OCTOBER 6, 2003 Page 2 V'illage for the unit. Mr. Allen explained. tlus was an automatic AED meant to be used by lay people, and that the number one thing to do to treax sudden cardiac arrest was to defilibrate the person. This was better tha.n any medicines, and this unit was being placed in the Recreation Ceirter, a public place, for use by the public. Mr. Allen provided a demo using the unit. Mr. Allen was asked if any clothing needed to be removed, and explained there was a pair of scissors in the kit to cut off clothing since electrodes ha.d to be applied to a bare chest. Council Member Capretta. asked. if it was recommended. that private associations purchase these units, as he had been asked. by Turtle Creek Country Club. Fire Chief Weinand responded it was recommended if there was proper maintenance and traini�g. Without proper maantenance, vvhen a machine was aeeded it might not be charged. ar ready to be used. Council Member Genca asked. if these were the same machines the Village got last year. Chief Weinand advised that two units were obtained last year, they were the same as tlus ma.chine, and they were currently in two patrol cars. The cost was approximately $Z,000 ea.ch. Mr. Allen ad�rised that after use, new pad.s were placed with the ma.chine and a test was done to assure it was still charged. and ready for use. Reconsideration of Approval of Agenda Council Member Genco commented she was tardy and not present when the agenda. was approved, but would like to strike a couple af things from the consent agenda, items D, E and G. V'illage Clerk Mlles announced that items G and F were ccxrect on filie consent agenda; �vwever, the backup for these two items ha.d been svvitched. MOTION Council Member Watkins made a motion to approve the agenda as amended. Vice Mayor von Frank seconded the motion, which carried by unanimous 4-0 vote. B. Proclamation designating October 10, 2003 as "Put the Brakes on Fatalities Dap." �Vlayor Ed.ward D. Resnik read tlus Proclamation requested by the Florida. League of Cities; who had forwarded a request from the National Society of Professional Engineers, intended to heighten awareness that safe driving behaviors save lives. C. Proclamation declaring November 2003 as "National Epilepsy Awareness Month." VII.LAGE COIINCII. MEETING NIINIJTES OCTOBER 6, 2003 Page 3 The V'illage Clerk rea,d alaud a Proclamation requested by the Committee for Epilepsy Awareness intended to heighten the awareness of Epilepsy and remove the myths, superstitions and prejudices associated with the disorder. V. CONSENT AGENDA MOTION Council Member Genco made a motion to adopt the Consent Agenda with items D, F, and G pulled. Council Member Watl�ns seconded the motion, which carried by unanimous 5-0 vote. The following items were therefore approved on the Consent Agenda: A Regular V'illage Council Meeting 1Vfinutes of September 18, 2003 $. V'illage Council Public Hearings on Final Millage and Fina1 FY ZQ03l2004 Budget Mnutes of September 18, 2003 C. Resolution No.1-03/04—A RESOLiTTION OF 'TI� VII,LAGE COUNCIL OF 'i'i� VIi.LAGE OF TEQUESTA, PALM BEACH �OUNTY, FLORIDA, AWARDING A ONE (1) YEAR CONTRACT EXT�S�ON (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004) FOR AREA "A" LAWN AND LANDSCAPE MAINTENANCE TO ROOD LANDSCA�'E CO., IN TI� A�IOUNT OF $9�,868, HAVIlVG A FY 2004 BUDGET ALLOCATION 4F $97,868, AND AUTHURIZING TI� VII,LAGE MANAGER TO EXECUTE TI� APPLICABLE PROPOSAL ON BEHALF OF TI� VII.,LAGE. F. Resol��on No. 4-03/04—A RESOLLJTION OF THE VII..LAGE �OUNCII, OF TI� VII.,LAGE OF TEQUESTA, PALM BEACH efTUNTY, �,ORIDA, AMENDING THE CONTRACT WITH CABLE CONSTRUCTORS, INC., OF HAINES CITY, FLOI�A, Wi'i�i AN EXiST�TG C(JRT'i'RACT PRIC� IN TI� �MOUNT UF $111,514.38, TO ADD $39,575.00 FOR TI� U.S. �II�H�AY 1 CROSSING, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE TI-� APPLICABLE CONTRACT ON BEHALF OF TI-� VII..LAGE, AND APPROPRIATIlVG ADDITIONAL FUNDS AND BUDGETING SUCH FUNDS IN FISCAL YEAR 2004 IN THE WATER LTTILITY FUND #401 FOR SUCH PURPOSE. VII.LAGE COUNCII. MEETIl�TG 1VIINUTES OCTOBER 6, 20(i3 Page 4 H. Resolution No. 6-02/03--A RESOLUTION OF TI� VII,LAGE COUNCIL OF TI� VII..LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH ROOD LANDSCAPE CO., INC., WITH AN EXISTING CONTRACT PRICE IN TI� AMOUNT OF $97,868.00, TO ADD $25,000.00 FOR ADDITIONAL LANDSCAPE AND IRRIGATION 1�tiAINTENANCE FOR AREA "A", HAVING A FISCAL YEAR BUDGET ALLOCATION OF $25,000.00, AND AUTHORIZING THE VII.,LAGE MANAGER TO EXECUTE TI� APPLICABLE CONTRACT ON BEHALF OF THE VII.,LAGE. Public Works Director Gaty PYeston Summaiy: Additional landscape improvements and maintenance deemed necessary for Area. "A" (east of FEC Railroad and Tequesta Drive, and west of I+'EC Railroad to Fiesta Avenue). This was a budgeted project. Items Pulled from Consent Agenda: D. Resol��on Na. 2=03/0�—A RESOLiTTION OF TffE VII.LAG� COUNCII.. OF THE VII�LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A ONE (1) YEAR CONTRACT EXTENSION (OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004) FOR AREA "B" LAWN AND LANflSCAPE MAINT�NANCE �O T��tRACON S�RVICES �TC., OF JUPTTER, FLORIDA, IN THE AMOUNT OF $66,549, HAVING ,E! FY 2004 BUDGET ALLOCATION OF $66,549, AND AUTHORIZING TH� VII.LAGE MANAGER TO EXECUTE THE APPLICABLE PItOPOSAL ON BEHALF OF THE VII.LAGE Council Member Genco stated she brought up this item which was renewing the contra.ct for lawn and landscape maintenance for public rights-of-way, as were items `c" and "h" which had been approved on the consent agenda, and she would like th� Cou�eil to develop a gtulosophy going farward when renewing contxacts �or landscape improvements to rights-of-way that the Council would support the �'Iilage suppl�menting the irrigation. Council Member Genco commemed that this was doae on Cou�ry Club Drive, and that Tequesta in the Pines had submitted a proposed la,ndscape pla.n, and it wo�id �ehoove �he V'�age to provide help with the irrigation. MOTION Council Member Watl�ns made a mo�n to approve item 3� v� �e consent agenda. Vice Mayor von Frank secon� the m�v��r carrie� bp unainimous S-0 vote. VII.LAGE COUNCII, MEETING NIINUTES OCTOBER 6, 2003 Page 5 V'illage Manager Couzzo asked if when the Tequesta in the Pines project was presented that staffwas to make a suggestion as to how Council Member Genco's suggestroa �o eost s�are irrigation might be implemented. Council Member Cenco indica.ted that was conect and tha.t this was basically establishing a philosophy and for future projects the V'illage could assist with landscaping in the public rights of way since it helped improve everybody's property. E. Resolution No. 3-03/04—A RE50LU1`ION OF THE VII.LAGE COUNCII. OF 1'HE VII..LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE MEDICAL DIRECTOR AGREEMENT WITH DO�T T. TA,�TABE, M.D., AND AUTHORIZiATG THE iMAYQR TO �XECUTE THE SAME ON BEHALF OF THE VII,LAGE OF TEQUESTA. Council Member Genco commented she ha.d requested this item be pulled to verify the paymern to the Medical Director. T�e V'}llage i�sanager verified. the �aymerrt was $925 per month, plus insurance, and a pager. Fire Chief Weinand ctarified the Medical Director spent one da.y a morrth at the station but was on call 24 hours a day, 7 da.qs a week. Council Member asked. if he was training people. Fire Cl�ef VVeinand responded the Medical Director was �esponsible for e�er� paramedic that the V'illage licensed and they operated under his license as a physician. The Fire Chief explainec� under Florida Statute 401 a licensed physician was required to oversee any paramedic operation, and stated this was less zh�n the cornract lie had in Stuart ten y�ears ago before he eame �ere. Council �Viember Genco commented she thought $10,000 was reasonable but had �requested it be struck because she had not understood it. Fire Chief Weinand explained that Dr. Tanabe had been with the Village since 1994 when the para.medics started. �VIOTION Council Member Genco made a motion to approve item E on the consent agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. �. Resolution No. 5-03/4^A RESOLiTTION OF THE VII..LAGE COUNCII.. OF THE VII:LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH CABLE CONS�RUCTORS, INC., OF HAINES CI1 Y, FLORID�, WITH AN �XISTING CONTRACT PRICE IN THE AMOUNT OF $151,089.38, TO tiBD $33,200.00 FOR THE STORMWATER IlVIPROVEMENTS ON 1'��IIESTA CIItCI:E, AUTHORIZING THE VII;LAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VII..LAGE, AND APPROPRIATING ADDITIONAL FUNDS AND VILLAGE COIINCII� MEETING NIIrT[TTES OCTOBER 6, 2403 PagE 6 BUDGETING SUCH FUNDS IN FISCAL YEAR 2004 IN 1�E STORMWATER UTII.ITY FUND #403 FOR SUCH PURPOSE Council Member Genco indicated she had requesterl this item be pulled and asked the V'illage Manager to explain it. V'illage Manager Couzzo explained that the way the contract worked was, the intent was to have a change order to a purchase order a�d not necessaril� to a specific const�uction confiract. NIr. Couzzo ,commented the V'illage was at a disadvantage with small contracts to find competem contractors who would do the work for a reasonable price. In this situation a co�tractor ha.d finished the work and was good enough to give the V'illage a price on auofiher piece of v�ork that the engineers ha.d. approved as being �vithin acceptable parameters. What the V'illage was doing was availing itself of expandfng the purchase order to encompass ad+ditional work with a good bid. Nir. Couzzo e�lained this was clifferent from a typical change order to a specific cantract but was tec�cally a ci�ange order to fi.�e purchase order. Council �Viember Genco commented that the original coutract that was for $61,000 was for tke water lines in the Pine Tree area, and that was cha,nged and the U. S. One pipeline from Jupiter was added for $49,000 and now $39,575 of stormwater improve�ents for the Cou��ry C�ub was bei�g added. 1'he V'�a,ge Manager stated these were all being funded through different funding mechanisms. eouncil Member Genco stated this contract werrt from $61,000 to $181,000, which was why it caught her attention. Complaints ha,d been received about the Country Club, but Country Club Point had. also flooded in 1991 and ta date ha.d rec�ived no stormwater improvements or addendums and hopefully that would be addressed.. MOTION Council Member Genco made a motion to approve item G on the consent agenda. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. VI. Development Matters A. Quasi-Judicial Public Hearing for Special Egception and Site Plan Review. Casa del SoL The V'illage Clerk swore in all those prese�t who ix�tended to speak on this matter. Community Developme�t Director 7effNewell e�plained the Casa Del Sol project �vvas a planned commercial developme�t located in the C-2 zoning district, which was before the Yillage Council for site plan approval. Mr.lVewell reviewed the sunounding areas, and indica.ted staffha,d deteimined that the project was compah�ble with surrounding uses. Mr. Newell reviewed the site plan, which VII:LAGE COIINCIII MEETINTG MIl�TQTES OCTOBER 6, 2003 � Page 7 consis�ed of both commercial and residential units. Mr. Newell advised that the Council had the authority to waive the parking requirement tha.t garage spaces could not be cou�ted as parking, in order to meet the parking requirements, otherwise this project would be four spaces short. Mary Lindgren, Environmental Services, hired. as a consultant for the developer, explained the applica.tion tha.t had been submitted to Florida Wildlife Services regarding the on-site protected area. Ms. Lindgren explained that a small scrub jay population e�sted. on this site, and because it was not practical to completely conserve the scrub jay population fln ti�is site, an apglication and conservarion glan to mave the �opulation had been submitted. Ms. Lindgren had prepared an executive summary for the Council; indicating that the property comprised 5.25 acres of undeveloped and cleared land, which had been severely impacted by past clearing activit�es. Na aetive or abandoned scrub jay nests were found on the property; �owever, one group of 3 scrub jays were found to urtermittently use a territory oa the extreme west of the property consisting of .057 of an acre. This small portioa of the property was only a part of tlus group's territory, with their ma.jor activities cond�cted off-site. No scrub vegetation presem�y exigted on-sits beca,�se of the �ast clearing. Ms. Lindgren advised that their proposal was to plant a 0.19-acre na.t�ve landscape buffer consisting of scrub jay vegetation preserved and maintained a11 along the western edge of the property, most of wluch fell within the 0.57 defended habita� area. Enhancement will consist vf remova3 of exotic �egetation and planting scrub vegetation approved by the U. S. Fish and Wildlife Ser�iee. In addition, the applicam would contribute money to the Florida. Scrub Jay Conservation �und. The applicant would monitor the scrub plantings for a minimum of 5�ears to assure a minimum of 90% suririval, w'rth any dead plants � be replaced. If Casa Del Sol should be sold, the new owner would be subject tv the terrns of the incidental taking permit when received from the U.S. Fish and Wildlife Service. Ms. Lindgren answered questions from the Council members, respo�ding t�at the birds now used the site for for�.ging for insects, and their xypical foraging range was about 14 acres. Acorns from scrub oaks ma.de up approximately 25% of their diet, with the remainder bein$ insects: Council Member Genco commerned that she would have thought the plarrts would ha.ve included scrub oaks, to which, Ms. Lindgren responded she did not know the proposed plant species and �i�ES but the plantings would be carefully coord°uiated with the U. S. Fish and Wilc�life Servtce. Council Member Genco asked what wauld be done during construct�on to kee� people away from the scrub jay area and to minimize noise, to which �. �,indgr� responded those de�tauis would be �vorked out with U.S. Fish and W'�1dlife Service. Ms. Lindgren responded to Nfayor Resnik that they strongly b.�li�v� their application would be approved, and that this approval would a11o�i �� project to proceed. with �his fihreatened species protected. Counc� 1V��ib�T Genco questioned the access roa.dway design, since it could ha.ve been desig�►P� c�iff_e'remly so as not to impact the scrub jay area VII.LAGE COiTNCII. BVIEETING NIINUTES OCTOBER 6, 20[13 Page 8 so much. George Gentile explained tha.t the scrub jays had not been expected to be found on site since this was not a good habitax for them and it was actually an overflow area. for them from their main habita.t. Mr. Gentile explained that the buffer area had been preserved, which was a the edge of their habita,t and a good area to plazrt for them and he felt tlus was a better solution than if the road ha.d been placed at the back of the property. Council Member Genco expressed her opimon tha.t if this had been the back yards of the units there would ha.ve been an opportuniity for more landsca.ping. The size and location of the buffer s discussed. Mr. .Gentile e�lained that the landsca.pe pla�s had been seiected to meet V'illage Code and the U.S. Fish and Wildlife Service would dictate wluch trees and plant species must be changed for the scrub jays. Council Member Genco commented once the Council approved this site plan the layout could not be changed and quesf:ioaed the pull-in parking spaces shown for Phase 2. Mr. Gentile explained ;that those spaces had been added to provide for ample parking because of the e four space� that were short without using garage parking. Council Member Genco comme�ted that she would be willing to forego four of the parallel spaces in order to add more preservation area.. Discussion ensued. Co�ncil Member +Genco commented this was policy issue, that there are two other nesting pairs in the V'illage that cunently being protected, and if this paar wa.s not protectetl also, that could set a precedent as well as preverrt the scrub jay population from increasing. Mayor Resnik expressed. his opinion that by going to a national �.uthority for approval of whatever was proposed for maantaining a safe area, and proper buffer for the scrub jays, and if that was approved, he believed that was sufficie�t for the V�illage. Council Member Genco commented she was not disagreeing but was trying to negotiate possibly giving up four para�lel spaces for ,a, 25 foot buffer in that area, with the mitigation plan for that landscape easemerrt to include an exception allowing Mr. Newell to use planting materials more conducive to a scrub jay environmem. Mr. Newell advised. that he had been watching the birds, that there was a pair and a couple of juve�les, for the past 3-4 lnonths to the pourt they were so familiar with him that they would land on him. Mr. Newe�l poimed out the nesting and foraging locations, commented. there were three birds in the foraging area, and the people who lived there were feeding them, so they were receiving support from human feeding. iVir. Capretta �eommemed this was really not a very good foraging area. for these birds and when the project was completed it would be a better place for the birds than it was now. Mayor Resnik commerrted that the proposal to eliminate four parallel parking spaces added to the four already short would m�u eight less than required, but, �e felt still more than were needed; to allow a little more buffer area. Mayor Re�nik inquired as to the density of this project, to which Mr. Newell responded 1D.2 units per acre, almost half of the 18 units per acre atlowed. Council Member Watl�ins commented there was potential to have the whole area. of K-Mart plaza developed and this could be the first piece, which she thought he residential VII.LAGE COiTNCII. MEETING MINIITES OCTOBER 6, 2003 Page 9 compone�nt would be an asset to the V'illage, and this was a very marketable area.. A�r. Gentile advised that the third floor occupants would have a view of the ocean, and the units would start at $395,000. Space ha.d. been left for an elevator and if the developer chose not to install an elevator it could be used for closet space and would be available for elevator installation in the future. Mr. G�ntile advised there was approximately 4.08 acres in the back for residential and a little over an acre aud a half in the commercial area.. The buildings ha.d. been brou,ght to the fro�t with parking in the back, as in other new urbanism projects in Jupiter and other areas. Mr. Gentile presented. revised elevations depicting more of a fro�at door appeaxance. Mr. Gentile commented the permit application had been submitted to the Vero office of U. S. Fish and Wildlife and there was a condition of approval until the Vero office is satisfied with the mitigation plan, and this area. would not proceed. Mr. Gentile's office would keep the V'lllage informed on this. 3'lie maintena.nce will be in the homeowners documents so it will be maintained in peipetuity by all future owners. Mr. Gentile ad�ised the maximum top point of the roof was at 42 ft., well below the 50' limit in the V'illage Code, and the third story had a very a marketable view of the Intracoastal. Because the property elevation rose at the back, those urrits would also have that view. Mr. G�ntile co�emed he was very pleased with the site. Mr. G�rnile reviewed the a.ccess poims including the brick paved emry feature with divided median. Elevations were distributed showing the level ands density of landscaping proposed for the from. Mr. Gentile explained that salt tolerant materials must be used, and pine trees would not survive the salt situation. Proposed plam materials included gumbo limbo, oaks, palm trees, foxtail, sable pa1m. Mr_ Gentile confirmed for Couneil Member Genco that the commercial and residential porrions would be developed by the same party, and the commercial phase would be sold. There wo�ld be a homeowners association for the residerrtial and an association for the commercial. Pedestrian access had been provided to U.S. One through the commercial area.. Council Member Watkins asked why the commercial building �vas toward the street. Mr. Gentile explained the parking was ludden from other peopte, and this was a new urbanism concept that had really taken off. A jourt access agreement with the Mobil site had dictated the emrance location. NIr. Gentile estimated two years from start to completion and groundbreaking could take place as early as the Vero office granted approval of the mitigation plan. Dr�ring comments from the public, it was disclosed that an amouut between $40,000 and $60,000 would be donated. to the scrub jays. The applicant indica.ted final commems had been made. Mr.lVewell advised that staff ha.d reviewed the guidelines under the PCD, and tlus project had. been found to be in compliance for special exception use. MOTION VII.LAGE COIINCII. MEETING NIINIITES OCTOBER 6, 2003 Page 10 Vice Mayor von Frank made a motion to approve the special ezception use for the Casa Del Sol project. Council Member Capretta seconded the motion, which carried by unanimous 5-0 vote. Councilmember Genco descn�bed the conditions of approval. MOTION Council Member Capretta made a motion to approve the site plan for Casa Del Sol as described by Council Member Genco: approval to be contingent upon tLe approval of U. S. Fish and Wildlife Service, removal of four parallel parl�ng spaces for eztra buffer area, mitigation of plant species; witL ezception granted for the tree height on the western corridor and that tLe final mitigation come back to the Village Council for final approval. Vice Mayor von Frank seconded the motion. During discussion of the motion, Mr. Gentile advised that the U. S. Fish and Wildlife Service would dictate what must be done in the mitigation plan; and that iw studying the plan it h�d bcen noted th�t three 90.degre,e parldng sp�.ces could be added to replace three of the parallel spaces; therefore, the applicant was aslang for a variance of five spaces instead of eight spaces. Mayor Resnik stated he understood the mitigation would be recommended by the Bureau of Fish and Wildlife; Council Member Capretta agreed, stating the Council had notLing to do with tha� Council� Member Genco stated the total num6er of parlang spaces for the whole development woWd be 118, of which 36 would be guest spaces, which Mr. Newell confirmed. Motion carried by unanimous 5-0 vote. VII. Communications from Citizens Wade Griest, Dover Road, commemed tha.t as a taxpayer he was paying for grass on the Siegel property to be cut and asked why tha.t was allowed. Mayor Resnik responded thax he and his neighbors took care of their own right-of-way. Mr. Griest comme�ted the V'illage employed people to c�t the grass on the Siegel property. Mr. Grriest comme�ted he had heard that in October the V'illage was foreclosing on their house and asked if there was any progress. Attomey Ha.wkins responded the V'illage had taken steps and would be filing the action to foreclose, and was waiting for the 90-da.y limitation period to expire, imposed because the Special Ma.ster ma.de a mistake wluch ha.d to be rectified, and tha.t required. a 90-da.y wait. Attomey Hawkins advised the 90 da.ys would expire either the 19�` or the 10�' the time was very close. VIII. Communications from Council Mayor Resnik announced he had asked V'illage Mana.ger Couzzo to develop a set of goals he believed would be beneficial for the V'illage to be accomplisherl within the next fiscal VII.LAGE COIINCII. MEETING MINUTES OCTOBER 6, 2003 Page 11 year within the framework of the budget thax was just approved. The goals that had been identified in January by the Council were 90% complete already. Mayor Resnik stated he had asked the V'illage Manager to provide goals this time, and to provide them to the Council before December and the Council would look at them and make any changes and give the goals to the Manager at the December meeting for impleme�ta.tion during the �ear. After any cha,nges by the Cauncil, a vote would be taken in December and those would be the goals for the year. Ma.yor Resnik stated there would be time for the Manager to accomplish the goals during the remainder of the fiscal year. Council Member Capretta, asked if these were goals the Manager would be paid to impiement, or an interesting concept. Mayor Resnik stated he would get paid for doing a good job and this was a concept to improve the Yillage. Council Member Capretta, commented if he wanted the goals implememed, pay the Manager to do it, then he would be sure to do it. Mayor Resnik stated that was the ne�rt thing tha.t would be brought up. Ma.yor Resnik stated. the second item he wauted to bring up was on water, and reported that he attended a meeting at Tropic �sta in Mastin County where the community had voted to accept expansion of V'illage water into their area and as soon as the piping was in there would be 111 new customers for the Yillage. Mayor Resnik thanked the V'illage Manager for coming up with the idea of enhancing the offer they ha.d accepted. Council Member Watkins reminded the Council of the upcoming League of Cities luncheon the da.y before Thanksgiving. IX. NE`W BUSINESS A. Resolution No. 7-03/04--A RESOLUTION OF THE VII.LAGE COIINCII. OF THE VII.LAGE OF TEQIJESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A TffitEE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VII.LAGE OF TEQUESTA AND THE FRATERNAL ORDER OF POLICE (FOP), EFFECTIVE OCTOBER 1, 2003, AUTHORrZING THE VII.,LAGE MANAGER TO EXECUTE T� CONTRACT ON BEHALF OF THE VII..LAGE V'illage Mauager Couzzo reported negotiations had been concluded after 8-10 weeks and the membership had voted 90% to accept the contract. 7oseph Pulea, business representative for Fraternal Order of Police, and Mke Morrill who ttegotiated the comract with the V'illage, were preserrt tonight. Vice Mayor von Frank commented this represented roughly 17-1/2% increase in pay with 14% for hospitaliza.tion and medical, 3% incentive, and 1.5% COLA, which was pretty good. Mayor Resnik commented the V'illage Manager had warked hard in negotiating and he felt it was in the best urterest of everybody tha.t the V'illage Council approve it. Mke Morrill commented this was a result of a lot of hard VII,LAGE COiTNCII. MEETING NIIl�TiTTES OCTOBER 6, 2003 Page 12 work between the barg linin� unit and Mr. Couzzo, and the agreement was very fair. Mr. Morrill endorsed strongly that the Council approve the agreement. 7oseph Puleo commented the Manager always cared for the policemen and looked out for their i�tterests during negotiations, and the Chief ha.d helped things along, and he wished the Manager was manager of all the cities with which they negotiated. Mr. Pu1eo recommended approval by the Council. MOTION Conncil Member Capretta made a motion to approve Resolution 7-03/04. Council Member Watkins seconded the motion, which carried by unanimous 5-0 vote. B. ORDINANCE NO. 583—First Readin�AN ORDINANCE OF THE VII.LAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING CHAPTER 7, CO . APPEARANCE BOARD, OF THE VII.LAGE CODE OF ORDINANCES, IN ITS ENTIRETY: ADOPTING A NEW CHAPTER 7, PI�ANNING AND ZONING BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE V'illage Attorney Ha.wkins read Ordinance No. 583 on first rea.ding by caption only. Council Member Capretta, asked if the Community Appearauce Board would move in and take over the new Board. Uirector of Commu.nity Development Jeff Newell responded, no, the duties and authorities granted by the Council to the Community Appearance Board would be incorporated 'urto the Planning and Zomng Board. Members of the Community Appearance Board would not automatically move into sea.ts on the Planning and Zoning Board, but would have to apply for those positions. All applica.tions received would be reviewed. and the members would be selected by the Village Council. Council Member Genco recalled that she had previously requested. members be selected through a district process and her reason was that the Country Club did not necessarily ha.ve the interests in mind of the rest of the community, and she would be concerned if the Country Club ended up with a ma.jority of inembers who might be interested only in approving things that would benefit them. Council Member Genco stated she would like, if there was some way to incorporate this, that no more than two members should represent a homeowners association, or to do it by districting. Council Member Cenco stated. this wa� her big concern since obviously the V'illage had ca.pable people in the Country Club. Mr. Newell responded. this was an Advisory Board without qua.si-judicial authority, and he had discussed VII.LAGE COUNCII. MEETING MINUTES OCTOBER 6, 2003 Page 13 districting or limitaxions with the Village Attorney. This was first rea.d.uig of the ordinance and the ordinance could be amended before secoad rea.ding to include language setting criteria, according to the V'illage Council's decision. Mayor Resnik commented. Council Member Genco had brought up homeowners associations being the corrtrolling factor, stated there were two voting precincts. Betty Nagy commented there were quite a few residents who did not belong to homeowners associations and they did aot want more than one from ea,ch association. Council Member Genco commented since there were eight or nine homeowners associations and tlus board would only have five seats, it would be almost impossible to do districting, another way of limiting the coat� on this board was not to ha.ve more than two people serving from any patticular homeowners association, and there would still be three other members outside the homeowners association. Mayor Resnik commented. if the opportunity to apply werrt out to every single resident wherever they lived, you could not legislate who would apply. Council Member Genco sta.ted it would still enable everybody to apply but would prolu�it the Council from ha.ving more than two people from one homeowners associaxioa. Council Member Genco stated she was sure there would be other people applying and more than five people applying, and that would force the Council to look at other applicants outside tha.t oae geographic area.. Mayor Resnik responded he would look at any applica�t from the V'illage, he did not care what homeowners association they were with. Council Member Genco stated with five members from Tequesta Counhy Club, the Council would pick the best two. Ma.yor Resnik commerrted Council Member Genco was saying only the Country Club was going to apply. vice Ma.yor von Frank commeirted the ordinance did not go into detail as to what Council Member Genco was talking about, it was only to establish an eutity and then there would be discussion as to how many people should be here or there, and asked to keep this on the subject matter first—do we want to repeal and establish this board, period, that's it. Mayor Resnik agreed. Council Member Capretta commented there ha.d been many concepts; that when he first came on tlus Council there wa.� a board with power tha.t the Council could not reverse them; but this time they would not be given that power, they would be an advisory board. Council Member Genco commemed they always were an advisory board but the whole problem was in the majority of a11 the committees, unfortunately the only volunteers that stepped forward were from the Country Club, so the end result was representation for the entire V'illage from a minority. Council Member Capretta. asked why this board should be better than the V'illage Council. Councilmember Genco commented that was not the point, and she was not from the Country Club. Council Member Capretta commented as long as he had been on the Council he had been trying to get a representa.tive on the Council from Bea,ch Road there were a dozen condomuriums with a thousand people and they had never had a representa.tive on the Council. They did not attend meetings, and you could not make them attend. VILLAGE COIINCII. MEETING NIINIITES OCTOBER 6, 20(i3 Page 14 Council Member Capretta, commented tha,t looking at the V'illage, there were 2000 people living ea.st of the railroad tracks, and he wanted representatives from across the tracks and would vote for two representa.tives east of the tracks and three west of the tracks. Council Member Genco commeated she was trying to make it better. Village Manager Couzzo commented this �vas first reading and he believed there was a possibility geograplucally dividing the V'illage into five sections ea.�t to west without offcially districting. Mayar Resnik stateri he would like to get on with tlus, tha,t right now the Yillage ha.d a Board of Adjustmem which was made up of volumeers, not all from the Country Club, and he did not know why they kept sa.ying that everybody who voluxrteered would be from the Country Club. Mayor Resnik commented. tha.t if it was samething a resident was interested in they would volunteer, and he knew one wha did not live in the Coumry Club that was going to volunteer, and he felt like every resident needed to have an opportunity to apply; and if districts were established. and there were no volwrteers from a district, wha.t would be done then. Betty Nagy asked how a11 residents of the V'illage would be notified, since V'illage representa.tives had already met with the Country Club. Mayor Resnik stated ao one had met with the Country Club, to his knowledge. JeffNewell clarified that he and the V'illage Manager ha.d met with the President of the Country Club association on one or two occasions, discussing curre� issues in the Country Club, but a specific meeting on this subject had not been called. Mr. Newell stated the ordinance designated lvm as clerk of the board, and he was going to heavily a.dvertise in the 7upiter Courier and on the V'illage website. He would alsa ha,nd cany an invitation to all homeowners associations and condom�niums, but he could only deal with applications that were received. Mayor Resnik stressed that residents that were not members of homeowner associations must ha.ve an equal opportunity to apply with an explanation of what they were applying for, even if they ha.d to be mailed. to everyoae—this was a very important program. Mayor Resnik stated. he agreed. the board should not be overloaded from one area, or another, but did not agree with districting and commer�ted. if every resident got an application he believed there would be a diverse board. Council Member Genco asked wha.t would be wrong with sa.ying all the people in the world could apply so long as the final choice did not include more than two people from a specific homeowners association. Council Member Watkins stated first the V'illage needed to ta.ke a vote on whether they were even going to adopt tlus. Council Member Genco stated she did not think any Council Member was opposed to adopting it, but why even do tlus unless they were going to do something better. Mayor Resnik commemed his point about the Board of Adjustmem was they made decisions the Council did not even see and they were made up of volunteers. Council Member Genco stated the Board of Adjustme�t was different tha.n tlus board. Ma.yor Resnik stated the Board of Adjustment made some pretty potent decisions. Joe Hall suggested explaining this board and requesting VII.LAGE COIINCII. MEETING MINIITES OCTOBER 6, 2003 Page 15 volu�rrteers through Smoke Signals, since that went to everyone. Council Member Genco stated that did not get very good results. Mayor Resnik stated wha.tever means to get to every resident was fine with him, to give every residem an opporiunity to apply, then the Council would look at ea.ch applica.tion and at each resident and they could then pick the best from ea.ch area. Bob DeLa.ura., a new resident, commented he had been on the Council in Birmingham, M'ichigan, which grew from a bedroom community to a large city, a�d the governing bady decided who would sit on boards within caxegories such as doctor, lawyer, architect, etc., and homeowner associations had to elect one person they wanted to be their representa.tive. The final vote was always by the governing body. Mayor Resnik stated this would be an advisory board and would not make decisions. Mr. DeLa.ura commented the Council could approve the board with an additioa to the motion thax it would come back to the Council to decide how the board would be structured. Council Member Genco commemed her first year on this Council, everything was rubber stamped and anything tha.t came up from a committee was adopted by the Council, without much provided in the way of backup beca.use all the work ha.d already been done on the committee level, which cauld be very good, but on the other hand if there was a Council that was not really proactive they could end back up that same way and her reason for putting in her two ceirts now was to set out the map or the plan so subsequent Councils would understand it even if they did not understand the concept. Mayor Resnik stated he did not disagree with diversity there must be diversity on the board—but how it was a.chieved was not what was under consideration tonight, it was whether to establish this ordinance. Council Member Genco stated she understood that but in the conceptual phase she had asked this be included. and it wasn't. Now the concept was being voted on and she did not want to do it any other way. Mayor Resnik stated. it was not only diversity, it was kttowledge of what they were doing, their background, educa.tion, and ability to make decisions on this. Council Member Genco stated that was another level of diversity, but she thought in any area. of the V'illage there were intelligeut people. Mayor Resnik stated he found it hard to believe tha.t any individual tha.t applied. would be insensitive to the values of the entire community; he thought tha.t was the intent of an individual when they applied, and if they were only concerned with their individual self-urterest and their own homeowners association then the Council should know that and not vote them in. Council Member Genco stated it happens. Council Member Capretta commented, not very often. Mayor Resnik commented tha.t most people have iutegrity. Council Member Capretta. asked how many boards the Village had. Mr. Newell responded there was the Board of Adjustment, which was also the Board of Appeals, and Community Appearance Board combined with the Tree Board. After establishing this board there would be Board of Adjustment, and Planning and Zoning Board. The Community Appearance Board would be dissolved.. The Planning and Zoning Board would pick up Zoning, Community VII.LAGE COIINCII. MEETING NIINIITES OCTOBER 6, 2003 Page 16 Appearance, and Tree Board. The Village would end up with just two boards. Council Member Capretta commented look at the number of hours people on the various boards put in, and to only ha.ve two boards, these people would have to put in a lot of time. Council Member Capretta. commented when the V'illage started asking for volunteers, with Council Member Genco's concern of ,geographic areas and his concern of being qualified to do the job by experience, educa.tion, etc; and then being asked to put in haurs and attending meetings--the job of getting volu�teers was not as easy as it looked. Council Member Capretta. commemed one could ask, why haven't there been volunteers from Bea.ch Road, and there was only one on the Beaches and Shores Committee—which was something they were i�terested in., and they didn't care about the rest of the V'Illage. Since this would be an advisory board it would come to the Council for f nal approval, and the decisions ma.de now by the boards did not come to the Council. Mr. Newell confirmed only the Board of Adjustment would still be qua.si judicial. Council Member Capretta. asked if the Council was sure they wanted decisions coming to them, and his opinion was the Council should give this more thought. Ma.yor Resnik commented that the basis for this was a big effort to upgrade the zoning and the code, which was a big project, and ought to involve citizens from all areas to participate rather than the Council or a contractor doing it, without benefit of the residents. Mayor Resnik stated he would hope this would evolve urto a group of five individuals that were qualified and were from different areas of the commux►ity, a,nd whatever the Council could do to enhance that result should be done, but he did not see how the Council could farce people to do it. Council Member Genco stated. nobody was asking to force anything—thax was the wrong concept the idea. was to get volunteers, then to select from those volunteers what was geograpluc within the Village. Council Member Ca.pretta commented tha.t to him that was a third level issue, and what worried him was if the Council took toda.y the present boards and went back to retroactively approve all their decisions for the past two momhs, whether they cauld stand to approve all of the decisions. Council Member Genco stated it was not that much. Ma.yor Resnik stated this Council needed to approve the changes to the code. Council Member Capretta. commented the Mayor was talking about a different thing, and revising the code was a big issue that the Council should be heavily involved in and they would like to get some citizens to work on that, just like when the Charter was revised.. Council Member Capretta commented he was not talking about that, but just when fiinctioning aormal, just like the shopping center that just came u�r—they should have Mr. Newell tell them what would happen with tha.t shopping ceirter they just approved under the new system versus the old. Council Member Capretta. commented under the new system everything would have been settled by the board and wauld have just come to the Council for approval. Ma.yor Resnik commented the Board of Adjustment approved variances that were approved and did not come to the Council. Council Member VII.LAGE COUNCII. MEETING NQI�TQTES OCTOBER 6, 2003 Page 17 Genco stated to set Mr. Capretta at ea,se other than going back and revising the code, how many things did Mr. Newell think would come to the Council on a monthly basis. Mr. Newell responded the Community Appearance Board and Board of Adjustment met once a month, and the Planning and Zoning Board would meet once a month, and the length of time depended oa the issues they were considerin�. Council Member Genco clarified her question was how ma.ny items would be referred to the Council ea.ch month. NIr. Newell commented he saw no more than two. Mayor Resnik stated in rea.ding the minutes, the Community Appearance Board had 3-4 items. Council Member Genco stated that was every 2-3 momhs. Council Member Watkins asked. why a Planning and Zoning Board was recommended. Mr. Newell responderl that when yau got urto large reviews there were times he need.ed at least an hour to an hour and a hal� and in a planning and zoning meeting, public input could go on for an hour or more, but that gave residents an opporiunity for input. Mr. Newell commented those discussions would take place at board level and then forwarded to Council with a recommendation. Council Member Genco stated, and hopefully if there was a lot of public interest, tha.t would alread.y have been addressed at the planning and zoning board, so the Council would not ha.ve to ha.ve 4-5 hours of public hearing with people being upset. Council Member Wa�lCins commented it sounded like more study was needed that first there was the issue of whether or not to adopt implementation of it, and then there would be the issue of forming it. Council Member Capretta. commented that was a different issue. Councilmember Capretta commented revising the zoning code was a large issue and he ha.d. no problem with getting all the help needed from the public with that; but tlus was aot that tlus was how things would be run after tha,t was all over. Council Member Genco commemed, think of it this way, that the work of the Community Appearance Board came back to the Council now to some degree and this board would do what CAB did and more. They would buffer and take a lot of the heat away from the council and in the firture there would be redevelopmerrt and this board would be very useful. Council Member Genco stated she was a11 for this board, but she wanted to make sure it represented the citizenry, and she thought it was the easiest way to get going, and the people on the board would carry with them the knowledge of why they adopted this, how they adopted. that, and what it �eant unlike what the Village had now with the Community Appearance Board who did not necessarily understand all the ordinances that they were helping to address. Mr. Newell commented he had had. a lot of conversa.tions with CAB members, and they were very supportive of this beca.use they had concerns about not getting the whole picture but getting it afterwards and could only address colors, trees, etc., and when they saw problems with the site they could not address those. The Planning aud Zoning Board would see the whole picture. Peggy Verhoeven indicated she had seen from the Jupiter Planning and Zoning Board this would not shorten any meetings and questioned how they could change VII.LAGE COUNCII.. MEETING NIINUTES OCTOBER 6, 2003 Page 18 into the va.riance board five pages into their agenda. Mayor Resnik expressed his opinion this should be adopted on first rea.ding and changes could be made at second rea,ding. Council Member Genco asked. the V'illage Attorney if a motion to approve could be made subject to something. Attorney Hawkins advised tha.t changes could be made at second rea.ding; and staff could be asked to study something relative to her suggestions and report at the next meeting. Council Member asked if this could come back with a revision to include the concept and if then there would have to be another first rea.ding. Attomey Hawkins advised another first reading would not be necessary. Council Member Genco stated she was in favor of the board but wanted to be sure the diversity was included. MOTION - Vice Mayor von Frank made a motion to approve Ordinance No. SS3 on first reading 6y title only. Council Member Watl�ns seconded the motian, wluch carried 4-1 with Council Member Capretta opposed. C. ORDINANCE NO. 584^First Readin�AN ORDINANCE OF �HE VII:.LAGE COUNCII. OF THE VII..LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 13.1, PI�ANNING AND DEVELOPMENT, AT ARTICLE II SECTION 13.1-22, OF THE VII.LAGE CODE OF ORDINANCES, TO DESIGNATE THE PI,ANNING AND ZONING BOARD AS T� LOCAL PLANNING AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL UF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE V'lllage Attomey Scott Hawkins read Ordinance No. 584 on first reading by ca.ption only. MOTTON Vice Mayor von Frank made a motion to approve Ordinance No. 584 on first reading by title only. Council Member Watkins seconded the motion, which carried 4-1 with Council Member Capretta opposed. Ma.yar Resnik asked Mr. Newell to look at this to find some means of incorporating diversification and qualifica.tions. D. Annual Performance Review for the Village Manager Mayor Resnik commented two months ago he had mentioned the Manager had provided a very comprehensive report of his and his administxa,tion's accomplishme�ts over the past year, which was provided. to each Council Member VII.LAGE COUNCIL MEETIl�TG MINUTES OCTOBER 6, 20(13 Page 19 for review and to come up with their evalua.tion of the Village Manager's performance with regard to receiving performance recognition compensation in accordance with lus contract. The Mayor commented he ha.d heard good comments and asked if there was consensus among the Council Members that NIr. Couzzo's performance warranted performa.nce recagnition compensation; and if that was the case, a member of the Council would be appointed to meet with Mr. Couzzo and bring back a recommendation to the Council for consideratian and approval at the November meeting. Mayor Resnik stated he did it last year and the year before it was then Mayor Genco. There was consensus that Mr. Couzzo's performance warranted performance recagnition compensation. Ma.yor Resnik asked it Cauncil Member Capretta, would meet with the manager and bring a recommendation to the November meeting. Council Member Capretta accepted.. X. Any Other Matters There were no other matters to come before the V'illage Council. �. XL Adjournment MOTION Council Member Capretta made a motion to adjourn the meeting at 9:20 p.m. Vice Mayor von Frank seconded the motion. A resident questioned how the approval of the agenda was handled, which was egplained by the Villa.ge Attorney. Motion carried bp unanimous 5-0 vote. Respectfully submitted, Mary Miles Village Clerk