HomeMy WebLinkAboutAgenda_Regular_04/14/2005. AGENDA
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
THURSDAY, APRIL 14, 2005
399 SEABROOK ROAD
TEQUESTA, FLORIDA 33469
7:00 p.m.
Welcome!
* Asterisk indicates no backup materials for this item
I. CALL TO ORDER AND ROLL CALL
IL INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Tom Paterno
III. PRESENTATIONS
* 1. Annual Update by Mr. Lee Weberman, Martin County Commission
• Chairman, Commission District 3
*2. Village of Tequesta Comprehensive Annual Financial Report (Fiscal Year
ending September 30, 2004)
Ms. JoAnn Forsythe, Finance Director [Tab 2]
Summary: Presentation to the Council of the CAFR by Mr. G. Jerry
Chiocca, CPA, Rachlin Cohen & Holtz
*2.1 Presentation and discussion/questions regarding Bond Refunding. (Action
to be taken under New Business, Agenda Item 34, if needed).
Ms. JoAnn Forsythe, Finance Director
Summary: Presentation to the Council of the possible Bond
Refunding by Counsel Mark Raymond, Moyle, Flangian et al.
IV. APPROVAL OF AGENDA
To speak before Council, all citizens are requested to submit their Comment
Cards to the Village Clerk at this time for any agenda or non-agenda items.
Comment Cards should include name, address, phone number, agenda item
number and brief summary of topic to be discussed. Comment cards are available
from the Village Clerk
V. UNFINISHED BUSINESS
. 3. Update on Site Plan for the landscaping of Tequesta Drive and Old Dixie
Highway Improvements approved at the March 10, 2005 Village Council
Agenda -Village Council Regular Meeting 04/14/05
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• Meeting, and Preliminary Design of the Linear Park along Old Dixie
Highway. [Tab 3]
Mr. Gary Preston, Public Works Director
Summary: Update on the landscaping for the intersection of Tequesta
Drive and Old Dixie Highway, including design consideration for the
Linear Park north of the intersection along Old Dixie Highway.
VI. CONSENT AGENDA
All items listed under Consent Agenda are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a
Village Council Member so requests, in which event the item will be removed
from the Consent Agenda and considered in its normal sequence on the Agenda.
4. Planning and Zoning Advisory Board Meeting Minutes January 26, 2005.
[Tab 4]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
5. Planning and Zoning Advisory Board Meeting Minutes February 16,
2005. [Tab 5]
Gwen Carlisle, Village Clerk
• Summary: Minutes are available from the Village Clerk.
6. Village Council Special Meeting Minutes March 28, 2005 [Tab 6]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
7. Village Council Regular Meeting Minutes March 10, 2005. [Tab 7]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
8. Village Council Workshop Meeting Minutes, January 24, 2005. [Tab 8]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
9. Special Master Meeting Minutes January 27, 2005. [Tab 9]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
10. Special Master Meeting Minutes February 24, 2005 [Tab 10]
Gwen Carlisle, Village Clerk
Summary: Minutes are available from the Village Clerk.
11. RESOLUTION 43-04/05 - A RESOLUTION OF THE VILLAGE
• COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROPRIATING $41,400.00 OF
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• UNRESERVED FUND BALANCE IN GENERAL FUND #001,
INCREASING THE 2004/2005 GENERAL FUND BUDGET, FIRE
CONTROL, MACHINERY AND EQUIPMENT ACCOUNT # 001-192-
664.600 BY $32,900.00 AND INCREASING THE 2004/2005 GENERAL
FUND BUDGET, FIRE CONTROL, BUILDING IMPROVEMENTS
ACCOUNT #001-192-653.600 BY $8,500.00 AND AUTHORIZING
THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE
VILLAGE. [Tab 11
Chief James Weinand, Fire Chief
Summary: Council approval for Resolution 43-04/05 for
improvements and operational enhancements at the Emergency
Operations Center.
12. RESOLUTION 44-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF WORK
AUTHORIZATIONS IN THE AMOUNT OF $184,000.00 TO
ARCADIS, REESE, MACON & ASSOCIATES FOR THE BUDGETED
PROJECTS AS SHOWN IN THE ATTACHED EXHIBIT "A"" AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
APPLICABLE WORK AUTHORIZATIONS ON BEHALF OF THE
• VILLAGE. (Tab 12)
Village Manager Michael R. Couzzo, Jr.
Summary: Council approval of Resolution 44-04/05 authorizing the
Village Manager to execute the Work Authorizations in the amount of
$184,000.00 to Arcadis Reese Macon and Associates for the following
Capital Projects: 1) Rolling Hills Extension; 2) RO Well #3; 3) Cove
Point Water Distribution Expansion; 4) SFWMD Consumptive Use
Permit Renewal; 5) Chlorine Modifications; and 6) General
Engineering.
13. ITEM DELETED BY VILLAGE MANAGER
14 ITEM DELETED BY VILLAGE MANAGER
15. RESOLUTION 53-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING THE 2004/2005 GENERAL FUND
AND WATER FUND BUDGETS BY INCREASING REVENUES IN
THE GENERAL FUND, INSURANCE REIMBURSEMENT ACCOUNT
# 001-000-369.100 IN THE AMOUNT OF $55,355.62 AND IN THE
WATER FUND, OTHER MISC REVENUE ACCOUNT # 401-000-
369.000 INTHE AMOUNT OF $38,189.39, AND INCREASING THE
FOLLOWING BUDGETED ACCOUNTS: IN THE GENERAL FUND,
• ACCOUNT # 001-230-546.303, BUILDING REPAIR AND
MAINTENANCE IN THE AMOUNT OF $6,764.72 AND ACCOUNT #
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• 001-230-546.306 GENERAL MAINTENANCE IN THE AMOUNT OF
$48,590.90 AND IN THE WATER FUND, ACCOUNT # 401-242-
546.303, BUILDING REPAIR AMD MAINTENANCE IN THE
AMOUNT OF $35,527.10 AND ACCOUNT #401-242-546.342, WATER
SYSTEM MAINTENANCE IN THE AMOUNT OF $2,662.29. [Tab 15]
Ms. JoAnn Forsythe, Finance Director
Summary: Council approval for Resolution 53-04/05 to increase/
appropriate additional fund balance in the General Fund #001 for
$55,355.62 and the Water Utility Fund #401 for $38,189.39 paid by
insurance reimbursement.
16. RESOLUTION 51-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AWARDING A CONTRACT TO ALMEIDA
INDUSTRIES, INC. OF FORT LAUDERDALE, FLORIDA IN THE
AMOUNT OF $21,750.00 FOR THE REPAIR OF THE ROOF OF
BUILDING #4 AT THE TEQUESTA WATER TREATMENT PLANT
AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. [Tab 16]
Mr. Robert Garlo, Assistant Village Manager
Summary: Council approval for Resolution 51-04/05 awarding a
contract to Almeida Industries in the amount of $21,750.00 for the
• repair of the roof of building #4 at the Water Treatment Plant. This
damage was a result of Hurricane Frances. This contract amount has
been reimbursed by insurance monies.
17. Council appointment of a Special Master, on an as needed basis, for the
Village of Tequesta. [Tab 17]
Chief Steve Allison, Police Chief
Summary: Council approval for appointment of the Special Master
on an as needed basis, with an increase from $100.00 to $125.00 per
hour. Effective October 1, 2005.
18. Council consideration and approval for the Parks and Recreation to offer a
Movie in the Park on Saturday, April 23, 2005 from 7:00 P.M. - 10:00
P.M. at Constitution Park (399 Seabrook Road) [Tab 18]
Mr. Greg Corbitt, Parks and Recreation Director
Summary: Council approval to hold an after hours Movie in the Park
on Saturday, April 23, 2005 from 7:00 P.M. - 10:00 P.M. at
Constitution. The movie being offered is The Incredibles.
19. Council consideration and ratification of the reappointment to the
Planning and Zoning Advisory Board for Ms. Leslie Cook and Mr. Jeff
Robbins for each member to serve a 3 year term. [Tab 19]
• Gwen Carlisle, Village Clerk
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• Summary: The Planning and Zoning Advisory Board has two Regular
Member Positions and an Alternate #2 position available to fill. Ms.
Cook and Mr. Robbins have asked to be reappointed. These are the
only two applications received to date.
20. Council consideration and ratification of the reappointment as the 5th
Member to Public Safety Officer's Pension Board of Trustees for Mr.
Edward Sabin to serve a 2 year term. [Tab 20]
Gwen Carlisle, Village Clerk
Summary: Council approval for Mr. Ed Sabin as the 5th member to
the Public Safety Officer's Pension Board of Trustees.
21. Council approval to execute the Agreement Regarding Ground Lease
whereby Global Signal will manage the existing tower on Sprint's behalf.
[Tab 21 ]
Village Manager Michael R. Couzzo, Jr.
Summary: Council approval to execute an Agreement Regarding
Ground Lease for the existing Sprint tower.
VII. COMMUNICATIONS FROM CITIZENS
Non-agenda items for public comments are limited to three minutes, please.
Anyone wishing to speak is asked to complete a card and give it to the Village
. Clerk, and when called go to the podium, state his/her name and address for the
record, then address the Village Council.
VIII. STANDING REPORTS
VILLAGE ATTORNEY
Village Attorney remarks on non-agenda items of interest and benefit to other
Council Members, the Village and its residents.
VILLAGE MANAGER
Village Manager remarks on non-agenda items of interest and benefit to other
Council Members, the Village and its residents.
IX. COMMUNICATIONS FROM COUNCIL
Council Member remarks on non-agenda items of interest and benefit to other
Council Members, the Village and its residents.
X. DEVELOPMENT MATTERS
22. Atlantis Project -Request to appear before Council for relief from the
existing Village of Tequesta Code as they relate to the development of
Atlantis. [Tab 22]
Mr. Jeff Newell, Director of Community Development
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• Summary: Council consideration of the request to appear before
Council regarding the Atlantis project.
23. A) ORDINANCE 596 -FIRST READING - AN ORDINANCE OF
THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE
PLAN OF THE VILLAGE OF TEQUESTA, FLORIDA IN
ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES "THE
LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", AS AMENDED, AND
CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINISTRATIVE CODE,
ADOPTING A SMALL SCALE DEVELOPMENT AMENDMENT TO
THE FUTURE LAND USE MAP IN THE AREA DESIGNATED;
APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A
PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF
U.S. HIGHWAY ONE NORTH OF CANAL COURT, CONTAINING
APPROXIMATELY 1.33 ACRES; PROVIDING A LEGAL
DESCRIPTION OF THE PROPERTY; PROVIDING REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE. [Tab 23]
Mr. Jeff Newell, Director of Community Development
. Summary: Council approval for First Reading of Ordinance 596 to
adopt a Small Scale Development Amendment to the Future Land Use
Map of the Village of Tequesta, as generally described below:
1) the Racchio vacant parcel located on the northeast corner of US Hwy 1
and Harbor Rd North
2) Baldino's Restaurant located on the southeast corner of US Hwy 1 and
Harbor Rd North
3) Phoenix Health and Wellness Center located at the northeast corner or
US Hwy 1 and Canal Ct.
4) The approximate 20 foot wide alley running along the eastern section
of all three of the above mentioned properties.
Open Public Hearing
Motion on the Floor
Council Comments and Questions
Citizen Comments
Close Public Hearing
(A separate motion will be needed for Item 23A and Item 23B)
B) ORDINANCE 597 -FIRST READING - AN ORDINANCE OF
THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING
ORDINANCE OF THE VILLAGE, AT ARTICLE V OF CHAPTER 78
OF TEQUESTA CODE OF ORDINANCES, ESTABLISHMENT OF
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• DISTRICTS AND OFFICAL ZONING MAP, BY AMENDING THE
ZONING MAP TO APPLY A ZONING DESIGNATION OF C-2
COMMUNITY COMMERCIAL TO A PORTION OF REAL
PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY
ONE, NORTH OF CANAL COURT CONTAINING
APPROXIMATELY 1.33 ACRES; PROVIDING FOR REVISION OF
THE VILLAGE ZONING MAP; PROVIDING FOR A LEGAL
DESCRIPTION OF THE PROPERTY; PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. [Tab 23]
Mr. Jeff Newell, Director of Community Development
Summary: Council approval for First Reading of Ordinance 597 to
amend the Official Zoning Map of the Village of Tequesta. Property
as generally described below:
1) the Racchio vacant parcel located on the northeast corner of US Hwy 1
and Harbor Rd North
2) Baldino's Restaurant located on the southeast corner of US Hwy 1 and
Harbor Rd North
3) Phoenix Health and Wellness Center located at the northeast corner or
US Hwy 1 and Canal Ct.
4) The approximate 20 foot wide alley running along the eastern section
of all three of the above mentioned properties.
• Open Public Hearing
Motion on the Floor
Council Comments and Questions
Citizen Comments
Close Public Hearing
24. Council consideration and approval for Special Exception Use for Village
Hall, applicant Village of Tequesta. Located at 357 Tequesta Drive. [Tab
24]
Mr. Jeff Newell, Director of Community Development
Summary: Council approval for a Special Exception Use for the
Village of Tequesta for the new Village Hall located at 357 Tequesta
Drive.
25. Council consideration and approval for a Site Plan Review for Village
Hall, applicant Village of Tequesta. Located at 357 Tequesta Drive. [Tab
25]
Mr. Jeff Newell, Director of Community Development
Summary: Council approval for a site plan for the Village of Tequesta
for the new Village Hall located at 357 Tequesta Drive.
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• XI. NEW BUSINESS
26. ORDINANCE 599- FIRST READING - AN ORDINANCE OF THE
VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, REPEALING ORDINANCE 583, OF
THE VILLAGE CODE OF ORDINANCES IN ITS ENTIRETY;
ADOPTING A NEW CHAPTER 22, IN ITS ENTIRETY AS
COMMUNITY DEVELOPMENT; AMENDING DIVISION 2,
PLANNING AND ZONING ADVISORY BOARD; AND AMENDING
DIVISION 3, SUPPLEMENTAL CRITERIA AND PROCEDURAL
RULES, SECTION 22-82; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE. [Tab 26]
Village Manager Michael R. Couzzo, Jr.
Summary: Council approval for First Reading of Ordinance 599. This
ordinance incorporates all of Ordinance 583, and its amendments as it
relates to the Planning and Zoning Advisory Board. This amendment
is associated with the Code discrepancy regarding the Local Planning
Agency.
27. RESOLUTION 52-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A LICENSE AGREEMENT WITH
NEXTEL SOUTH CORP, A GEORGIA CORPORATION DB/A
NEXTEL CON11V1UNICATIONS, OF MAITLAND FL, AND THE
VILLAGE OF TEQUESTA, TO GRANT AN EXCLUSIVE RIGHT TO
USE APPROXIMATELY 468 SQUARE FEET OF GROUND SPACE
ON A PORTION OF REAL PROPERTY OWNED BY THE VILLAGE
OF TEQUESTA, LOCATED AT 901 N. OLD DIXIE HIGHWAY,
TEQUESTA, FLORIDA. [Tab 27]
Michael R. Couzzo, Jr. Village Manager
Summary: Council approval for Resolution 52-04/05 approving a
License agreement with Nextel Communication for ground space and
tower communications located at Village's Water Treatment Plant.
28. Council consideration of the Police Department's participation in a public
school program -Stop Bully Now Program.
Chief Steve Allison, Police Chief
Summary: Council approval for the Tequesta Police Departments
participation in presenting the Stop Bullying Now program in one of
the local elementary schools. This is an excellent opportunity to have a
positive impact on the children of our community.
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• *29. Council consideration and discussion of an Attorney/Client (closed-door)
session for upcoming Union Contracts Negotiations.
Michael R. Couzzo, Jr. Village Manager
Summary: Council discussion regarding whether or not to schedule a
closed door session for the upcoming Union Contracts Negotiations.
30. FEMA Status Update
Mr. Robert Garlo, Assistant Village Manager
Summary: Status update for Hurricane Frances and Jeanne -After
Action Report.
3 ~ . A) RESOLUTION 54-04/05, A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND
BALANCE FROM GENERAL FUND #001 AND INCREASING THE
AMOUNT BUDGETED IN ACCOUNT #001-210-549.995
HURRICANE FRANCES EXPENSE BY $97,195.54 FOR
ADDITIONAL EXPENDITURES INCURRED FOR HURRICANE
RELATED DEBRIS REMOVAL. [Tab 31 ]
Mr. Gary Preston, Director of Public Works
Summary: Council approval for Resolution 54-04/05 appropriating
• additional fund balance from General Fund #001 and increasing the
budgeted amount in the amount of $97,195.54 for hurricane debris
removal.
B) Council approval for the payment of the Waste Management,
Inc./Nichols Sanitation invoices in the amount of $267,195.54 for the
debris cleanup of the Village of Tequesta after Hurricane Frances and
Hurricane Jeanne. [Tab 31 ]
Mr. Gary Preston, Director of Public Works
Summary: Council approval for the payment of the invoices as
presented by Nichols Sanitation in amount of $267,195.94.
32. Council appointments to Various Governmental Agencies. [Tab 32]
Gwen Carlisle, Village Clerk
Summary: Council annual appointments to the various Governmental
Agencies.
33. Discussion of the Draft Council Policies and Procedures. [Tab 33]
Michael R. Couzzo, Jr. Village Manager
Summary: Council review of the Polices and Procedures for Council
as drafted from the Village Council Workshop March 28, 2005.
*34 Council action regarding Bond Refunding
• Ms. JoAnn Forsythe, Finance Director
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Summary: Council action regarding the Bond Refunding as presented
by Mark Raymond.
*35. Consideration of providing additional assistance to the Code Enforcement
Officer.
Chief Steve Allison, Police Chief
Summary: Consideration of providing additional assistance to the
Code Enforcement Officer in the form of a part time civilian fully
funded within the existing budget. (Details and back up information
from Chief Allison will follow).
XII. ANY OTHER MATTERS
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any
decision made by this Council with respect to any matter considered at this meeting or
hearing he/she will need a record of the proceedings, and that, for such purpose, he/she
may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
PROCEDURES FOR PUBLIC PARTICIPATION
PUBLIC HEARINGS: Any citizen is entitled to be heard on an official agenda
item under the section entitled "Public Hearings," subject
to the three-minute limitation.
COMMUNICATIONS Any citizen is entitled to be heard concerning any matter
FROM CITIZENS: under the section entitled "Communications from
Citizens," subject to the three-minute limitation.
OTHER AGENDA Any citizen is entitled to be heard on any official agenda
ITEMS: item when the Village Council calls for public comments
subject to the three-minute limitation.
Village Council Meetings are public business meetings, and as such, the Village Council
retains the right to limit discussion on any issue.
NOTE: Disabled persons who need an accommodation order to participate in this
Village Council Meeting are requested to contact the Village Clerk's Office at 575-6244
at least three working days before this meeting. Hearing impaired persons please note
wireless hearing system receivers are available by requesting the same from the
Village Clerk.
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