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HomeMy WebLinkAboutMinutes_Regular_06/14/2007MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING TEQUESTA VILLAGE HALL THURSDAY, JUNE 14, 2007 I. Call to Order and Roll Call Mayor Jim Humpage called the meeting to order at 7:28 p.m. Village Clerk Lori McWilliams took a roll call. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Dan Amero, Council Member Tom Paterno, and Council Member Calvin Turnquest. Also in attendance were: Sitting in for Village Attorney Scott Hawkins was Attorney Stirling Halversen, Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads. II. Invocation and Pledge of Allegiance Council Member Amero gave the invocation and led the Pledge of Allegiance to the Flag. III. Approval of Agenda MOTION: Council Member Amero moved to approve the agenda; Council Member Turnquest seconded. • Vice-Mayor Watkins removed Item 6a from the Consent Agenda • Council Member Paterno removed Item 6 from the Consent Agenda Council Member Amero moved to approve the agenda as modified; Council Member Paterno seconded,• motion carried unanimously S-0. IV. Standing Reports Village Attorney Attorney Stirling Halversen stated that Village Attorney Scott Hawkins had provided a written report from which she would read. She further stated Mr. Hawkins would prepare this report monthly for Council. Attorney Halversen read the following: • The Dalack litigation was discussed during an Executive Session earlier in the month, at which time litigation strategies and expenditures were discussed and reviewed. • Ms. Halversen explained there were questions regarding an Ordinance that was passed in 1999 regarding residential water service. Further review had shown the Ordinance was Minutes -Village Council Regular Meeting•6/14/07 Page 2 IV. Standing Reports (Con't) Village Attorney inconsistent with the current billing program used for charging residential services. She stated numerous documents and regulations were examined and discussions were held with the Village Rate Consultant and village staff. Additionally, discussions were held with a utility attorney, John Jenkins, who had been recommended by the Village rate consultant. She noted Mr. Hawkins previously submitted a memo regarding these discussions and review. • Attorney Halversen noted she attended various Code Enforcement proceedings on behalf of the Village in May. • She explained the Jupiter Tequesta Emergency Interconnect Agreement was discussed during May and negotiations ensued regarding the terms and conditions on proposed potable water service. This item would be discussed at the Village Council meeting this evening. • She explained on-going matters included preparation and attendance of the May Council Meeting, research requests and communications with Council regarding the Preserve. Village Manager Village Manager Michael Couzzo reported the following: • Village staff continued to work on the 2007-2008 budget; which was being developed based upon the direction of Council. Additionally, staff was following the Legislative issues in Tallahassee and he distributed an email on tax reform update. It appeared that Tallahassee had taken action on some items and may conclude their special session as early as tomorrow. • He explained all existing Village budgets for 2006 and 2007 were in acceptable parameters. • The new mast arm arrangements for the traffic arm at Tequesta Drive and Old Dixie Highway were nearing completion. • The expansion of the Reverse Osmosis plant was nearing completion and the addition would double the Village's capability while reducing its dependent on the wells. • The Recreation summer program was in full swing and at full capacity with a good resident /non-resident capacity. Minutes -Village Council Regular Meeting 6/14/07 Page 3 V. Presentations /Proclamations 1. Proclamation declaring the month of July 2007 as "Parks and Recreation Month" in the Village of Tequesta. Mayor Humpage presented a Proclamation to Mr. Greg Corbitt, Director of Parks and Recreation, declaring the month of July as Recreational Parks Month in the Village of Tequesta. 2. Presentation of Village's Comprehensive Annual Report (CAFR) for Fiscal Year Ending 9/20/2006 Ms. Jody Forsythe thanked staff for their hard work and the hours put in to complete the project. She explained twenty-one statistical tables were added this year and they were attempting to make this a report the reader could understand. She mentioned they had to gather operating information this year that provided information on how the report related to services the Village supplied to the residents. Ms. Forsythe explained many departments were involved due to the nature of the questions and requests made. Mr. Jerry Chiocha, of Rachlin and Cohen, provided an in-depth review of the audit report. He noted Page one explained how the report was governed and pointed out the statements were as of September 30, 2006. He pointed out the "Management's Discussion and Analysis" (MD&A) provided a concise snap shot of what happened in the Village during the previous year and this was on Page three. He explained Page 16 was the Statement of Net Assets for the Village; which were $42.4 million dollars; liabilities were $15.2 million; leaving a net asset of $27.2 million. He stated the majority of the net assets was in fixed assets or capital assets such as buildings, land or streets. He pointed out that the Village had $10.4 million in Unrestricted Net Assets as of September 30, 2006; which were cash assets. Mr. Chiocha pointed out on Page 17 there was a positive change of $2.7 million change in net assets of which $1.5 was in governmental activities and $1.2 in Business Type Activities; thereby showing a strong activities schedule. On Page 18, he noted the General Fund showed Total Assets of $4.1 million and a Fund Balance of $3.3 million of which a million was set aside for disaster relief as well as Fund Reserve Undesignated of $1.9 million; which was almost 85% of Fund Balance and Unrestricted Designated Cash and showed the strength of the Village. He briefly noted on Page 19 the $8.3 million tied into the cash investment and provided for a five to six month lag in expenditures in the first half of the year and again this was well above the average. He reviewed the Utility Funds on Page 21 with total assets of just over $25 million; liabilities of $8 million; and $17 million total net assets and $4.8 was sitting in Unrestricted. Mr. Chiocha reviewed the Proprietary Funds on Page 23 and the positive increase in cash and investments of $161,000; and he emphasized the positive nature of the portfolio. Minutes -Village Council Regular Meeting 6/14/07 Page 4 2. Presentation of Village's Comprehensive Annual Report (CAFR) for Fiscal Year Ending 9/20/2006 (Con't) He reviewed the Pension Funds and noted there were almost no liabilities and stated there were $589,000 in total contributions made into the funds this past year and when added to the net investment income there was a total of $761,000; for an increase of $685,000. He reviewed the Required Supplemental Information on Page 57 and noted the Village balanced as denoted by the two empty spaces at the bottom on the page on the first two columns as required by Florida Statutes. He explained the negative $83,000 was actually a positive since the Village did not have to go into its prior year Fund Balance as much as it had anticipated over the time period. He again emphasized how positive this audit was and what good shape the Village was in. He stated it was well run and efficient. He reviewed the Compliance section of the report and noted there were no instances of non- compliance and stated it was unusual for a city to have no internal control deficiencies. (Council Comments/Questions) Council Member Turnquest stated he had no questions but stated he was glad to see the Village was in a positive financial situation and thanked the Village Manager and Ms. Forsythe. Council Member Paterno thanked Ms. Forsythe and staff on the great job. He asked about the utilities and debt service and stated he noticed the Village was not setting aside funds to cover those bonds when they come due and asked if the Village was required to set this aside. Mr. Chiocha stated currently the Village had set aside approximately $390,000 in restrictive net assets, which was debt service. Ms. Forsythe explained there was over a million in bonds for 2008 and would need to go back and look to refinance the bond issue unless Council wished to pay it off. Council Member Paterno asked if he suggested Council set aside funds since there would be a lot of bonds coming due in the near future and unless paid they would have to be refinanced at potentially higher rates; and Mr. Chiocha stated that was a decision to be made by Council. He stated there was approximately $700,000 in Restrictive Assets and plenty in Investments to pay off. He felt there was a good spread of expenditures sitting in the cash accounts to cover and recommended paying off the bonds unless they were low percentages. Council Member Paterno stated Council would have to refinance some at a higher rate and clarified his opinion was that for the future, Council should begin saving money to pay the bonds off since they were such a low coupon at this point. Mr. Chiocha stated that would be prudent; however noted Council did not have to have the whole thing done in 2008. Council Member Paterno mentioned that when Mr. Chiocha mentioned cash he was referring to the cash as of last September; and Mr. Chiocha advised that was correct. Council Member Paterno noted for the public and Council that some of that cash was not spent due to uncompleted projects, and it was already applied. Therefore, there was less money to go around at this point and when he heard the $10 million dollar figure he knew that most of it had been Minutes -Village Council Regular Meeting 6/14/07 Page 5 2. Presentation of Village's Comprehensive Annual Report (CAFR) for Fiscal Year Ending 9/20/2006 (Con't) spent on the improvements of the Utility Department and Village Hall and the funds available were much less now and noted the report was eight months behind. He wanted everyone to realize this was as of last September and not reflective of today. He thanked Mr. Chiocha and stated he did a great job. Council Member Amero agreed Mr. Chiocha's firm did a great job. Vice-Mayor Watkins appreciated the work his firm did and thanked staff and the Village Manager. She loved hearing the Village runs efficiently and knew the Manager and Department Heads worked hard to keep the budget inline and believed they all deserve gratitude. Mayor Humpage concurred and echoed the comments of Council. MOTION: Vice-Mayor Watkins moved to accept the audit report as presented; seconded by Council Member Amero; motion carried unanimously S-0. (Comments by the Public) Ms. Geraldine Genco, 7 Country Club Drive, stated it had been a good year for the Village and the operations and financials were fabulous. She stated it was up to Village to decide when and how they would pay their debt back. She mentioned some municipalities allocate reserve funds by Resolution and set aside funds to pay the principal on bonds when they come due. She stated there were three issued and discussed dates and amounts of the individual loans. Mr. Chiocha stated his firm was required to show in groups of five years. VI. Consent Agenda MOTION: Vice-Mayor Watkins moved to approve the Consent Agenda; Council Member Amero seconded the motion; motion unanimously carried S-0; therefore the following items were approved on the Consent Agenda. 3. Village Council Regular Meeting Minutes May 10, 2007 4. Village Council Local Planning Agency Minutes May 10, 2007 5. Village Council Workshop Minutes March 28, 2007 END OF CONSENT AGENDA Minutes -Village Council Regular Meeting 6/14/07 Page 6 3. Village Council Regular Meeting Minutes May 10, 2007 Council Member Amero asked that on the Village Council Regular Meeting Minutes of May 10, 2007 that the nine be changed to four on page 161ine 7. ITEMS REMOVED FROM CONSENT AGENDA 6. Resolution 51-06/07, A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a landscape and irrigation proposal to Terracon Services, Inc. of Jupiter Florida, in the amount of $19,973.50, with funding from account #001-210.563.600 having a FY 06/07 balance of $40,124.09 and authorizing the Village Manager to execute on behalf of the Village Council Member Paterno commented that the project was at the point where irrigation and landscaping was going to be installed and felt the areas and frontage were the responsibilities of the businesses. He did not want the Village watering the frontage to commercial property for the next fifty years. Additionally, he felt they should have been required to help cover the costs of the storm water according to the Code and understood the Mayor worked out an agreement with the property owners that they would pay $7,500; however only four had paid. He stated he was having a hard time approving this project and would like to ensure the burden remained on the owners to irrigate. He also understood the Village spends approximately $56,000 a year to irrigate using Tequesta water and would this to be eliminated. He asked to know where else the Village was irrigating on frontages similar to South Cypress Drive and stated he was against the project as it stood. Council Member Amero understood this was the last phase of the project and it was nearly finished and needed to be completed. He stated there was $19,973 remaining in the account and once paid each person would be paying back the funds. Mayor Humpage agreed there were 11 who agreed to pay and only four had paid their assessment to date. He stated if they did not pay, the Village would lien the properties. Council Member Amero felt the project could not be left undone and placing a lien was the only leverage. Council Member Paterno stated he did not suggest stopping the project; however was saying the Village should not install the irrigation. Mayor Humpage stated there were other areas in the Village that was maintained and irrigated by the Village; and Council Member Paterno stated two wrongs did not make a right and Council needed to reconsider those areas as well. Mayor Humpage asked about the Village irrigation on Country Club Drive, and noted this project was budgeted in last year's budget. Mayor Humpage noted this was the last parcel to be completed, was an asset to the Village and he did not believe the costs would financially affect the Village to maintain the property. Council Member Paterno stated he had not seen the agreement between the owners and asked if there was one. Mayor Humpage stated he had a meeting with the owners, three of which were not present; they signed off on drawings and initialed their buildings as being in agreement. He clarified this was a Village project, on their property, and the Village had the right to lien their property. Council Member Paterno reasoned the Code required the owners to maintain their own property and recalled Bridge Road paid for their own maintenance. Minutes -Village Council Regular Meeting 6/14/07 Page 7 6. Resolution 51-06/07 (Con't) Mr. Michael Couzzo, Village Manager stated it was not uncommon to make improvements, as the Council had chosen in the past, in what was technically the public right-of--way and to irrigate and maintain both. Council Member Paterno felt the Council needed to look for cost savings and require commercial to maintain their own right-of--ways and believed the Village was doing a disservice to its residents. Vice-Mayor Watkins mentioned the project was thoroughly discussed at previous Council meetings, and aesthetically speaking South Cypress was a blighted part of town. She stated the project was almost complete, would enhance the Village, and therefore had no problem with the item. She pointed out this was not the best time of year to landscape and suggested irrigating, mulching and planting at a later date. Council Member Amero said beautification comes with a cost and that while the developers paid for most of the landscaping along Indiantown Road in Jupiter, the Town maintained the islands and had provided to be a costly endeavor. He agreed, in this case, the project needed to be completed. He suggested the wording of the third Whereas Clause be removed if it was not correct. Council Member Turnquest felt there needed to be consistency in right-of--way maintenance. He agreed that once the project was completed the maintenance costs would continue to rise; he agreed the project needed to be completed and asked if the Village was going to put the cost on business owners or if the Village would pay the entire bill. Attorney Halversen advised Council could amend the Resolution and leave out the third Whereas Clause. MOTION: Council Member Amero moved to approve Resolution 51-06/07 as amended with the removal of the Whereas Clause "the Village Council maintains the road right-of--was in Tequesta "; Vice-Mayor Watkins seconded,• motion carried 4-1 with Council Member Paterno in dissent. Ms. Geraldine Genco, 7 Country Club Circle, asked to speak to the issue since it was pulled from the Consent Agenda. She recalled when this was originally discussed that there were no agreements in place with the property owners and she suggested Council provide legal notice for liens. Mayor Humpage advised the list had been formulated and was ready to go out. Ms. Genco asked that something be done legally and the owners be noticed for documentation purposes. Mr. Couzzo stated a lien would be the last resort and noted there was an understanding with the property owners. He explained a friendly reminder was being sent. Attorney Halverson read the Resolution into the record. Minutes -Village Council Regular Meeting 6/14/07 Page 8 6a. Council Authorization to seek an exemption from the South Florida Water Management District for water restrictions Vice-Mayor Watkins mentioned the last drought was in 2000-2001, at which time the Village did not receive an exemption; however, received variances for backwashing. She did not believe the Village was in a hardship at this time and felt this should be reserved for a serious emergency. She noted the South Florida Water Management District (SFWMD) had provided grant funding in the past and had denied the Town of Jupiter their request for an exemption and did not want to jeopardize possible future grant funding. Mayor Humpage referenced the SFWMD's letter to the Town of Jupiter and read, "The District recognizes and commends the Town of Jupiter on its impressive implementation of ultimate source. In fact, the District has provided the Town of Jupiter and Loxahatchee River Environmental Control District with funding assistance totally nearly $3.6 million dollars to assist in their alternative." He pointed out the Village was planning to ask the SFWMD for significant funding for the Reverse Osmosis (RO) plant and felt it was in the Village's best interest to ask for an exemption based on their letter to Jupiter. Mr. Michael Couzzo, Village Manager, noted the Village would request approximately three million in grant funds for the additional expansion of the facility and third train. He explained the second train at full capacity was 1.2 million and that in less than two weeks the Village would be terminating the purchase agreement with Jupiter which was 1.35 million. He stated the engineers do their estimates based on peak days and it was their recommendation that the third train be in place as soon as possible to meet the needs of the Village. He planned to budget for the design of the train in next year's budget. He said met with the SFWMD today and noted there was a possibility that the restrictions might be reconsidered due to the increased rain and the Village could return to Phase II restrictions. Council Member Amero commented the weather was above normal for the month and would like to hold off for an additional 30 days. Mayor Humpage mentioned Highland Beach was 100% RO and if the Village had the third train, along with a few other items, the Village would be close to 100% RO and in a better position. Council Member Amero suggested bringing this back on the July agenda. Council Member Turnquest asked if the three million would be a loan or a grant and Mr. Couzzo advised grant funding. He further noted the 18% surcharge was a concern of Council's and stated it was triggered at 15% and if the SFWMD goes to Phase 2, Council could change the 15% to 30% and in Phase 2 there would not be an 18% surcharge. Mr. Couzzo felt the Village was in a position to do this, however, Mr. Rob Ori would need to review it first and he would encourage taking the revenue for the good of the utility; but if Council felt there were overriding concerns based upon impacts to the users that would be taken into consideration. Council Member Paterno pointed out Mr. Chiocha suggested saving to pay bonds, which would be a cost increase and an added expense. Mr. Couzzo stated his assessment on the train was different from the engineers; they say move now while he prefers to work with the SFWMD. Minutes -Village Council Regular Meeting 6/14/07 Page 9 6a. Council Authorization to seek an exemption from the South Florida Water Management District for water restrictions (Con't) MOTION: Council Member Amero moved to table Item 6a seeking an exemption from the South Florida Water Management District to the July meeting; seconded by Council Member Turnquest; motion carried unanimously S-0. VII. Communications from Citizens • Doug Faucher, of 131 Fairview West and representing the Tequesta Country Club Community Association, stated he presented a letter requesting funds from Council for a streetscape program for the Country Club. He explained they were a voluntary association and as such could not assess the homeowners a fee for the projects. He stated three sets of bids were submitted four months ago that included plantings for Xeriscape, which were mature plantings that would require water, but the Country Club would provide its own watering at the entrances of the community. The bids submitted to the Village Manager requested funds of approximately $15,000. He offered two mature royal palm trees to the Village in exchange for the landscaping. Vice-Mayor Watkins asked if this landscaping was for both the north and south gate entrances and Mr. Faucher advised that was correct. Mayor Humpage suggested Mr. Faucher connect with the Council Members and noted the Village was trying to make beautification of the Village a priority at no cost. Council Member Paterno asked if this was in the Village right-of--way and Mr. Faucher stated yes, and Council Member Paterno stated the Village had funded these projects before. Mr. Faucher stated they would be willing to assist with funds. • Mr. Harold Taylor, of 13 Chapel Court, asked about Linear Park along Dixie Highway and Village Boulevard and mentioned there was a gazebo structure without a floor. He asked if there were plans to finish the project with brick, pavers or a concrete floor. Mayor Humpage advised this was a donation by Cornerstone and did not know the answer. Ms. Catherine Harding, Director of Community Development, explained the deal was that when the park was landscaped the area would be maintained and landscaped by the municipality with stone or mulch; it should have been in the contract to maintain and it was never intended to have a masonry or brick floor. Mayor Humpage stated the Village Manager would follow through on this project. Secondly, Mr. Taylor commented on the fence in Tequesta Park and its location. He stated the fence was on about 25 feet of the park's property and about 1000 feet long. He asked what agreement was made between the Village and Jupiter Hills as to where the fence would be located, what the original plans looked like, and who would maintain the berm since it was not inside Jupiter Hills property. Minutes -Village Council Regular Meeting 6/14/07 Page 10 VII. Communications from Citizens (Con't) Council Member Paterno distributed a handout and stated he was told during the last workshop that according to what was submitted to the State the fence was in the proper spot and asked Mr. Couzzo if that was correct. Mr. Michael Couzzo, Village Manger, stated he researched the item this week and found the fence was not in the correct spot. Council Member Paterno referred to the May 3, 2005 Special Council Meeting Minutes and pointed out that he asked about the fence location and the Mayor clarified the fence would be on the berm on the property line. He referred to the November 9, 2006 Regular Council Meeting Minutes where Mr. Taylor addressed the issue and the Mayor negotiated a deal that Jupiter Hills would place the fence back at the original location. Council Member Paterno stated the fence was not placed in the proper location and asked why the Village Manager did not oversee the project properly. Mayor Humpage stated his recollection was there were holes at the site and at no time did he think the fence was in the wrong location. Mr. Taylor recollected that he brought this up in two meetings; the first he questioned the placement of the posts and questioned if the fence was being put in the proper location. Additionally, he understood that when the fence was installed Jupiter Hills was to maintain the berm and donate to the Village the mulch path that went around the park; however, it is not maintained. Mayor Humpage stated when the original plans came in they were to follow the fence line from one end of the fence to the other and there was no supervision on the project because it was done through Jupiter Hills. He explained they somehow struck two of the Village's abandoned surficial wells and delineated from the track due to the wells. He reminded Council he spoke with Jupiter Hills regarding the fence and they sent a letter for the benefit of the State that they realized they encroached the 25 feet, stated the reasons why and noted they knew this was not the property line. Council Member Paterno read from the November 9, 2006 Council Meeting Minutes, "Mayor Humpage stated the agreement was Jupiter Hills would go over and maintain the property even on the other side of the fence." He stated the fence was not placed where agreed, the Manager did not ensure it was properly located, and as such, he wanted the fence moved. Vice-Mayor Watkins felt this issue would not be resolved this evening and suggested trying to work out a solution. Mayor Humpage felt the simple solution would be to have the State look at the site. Council Member Amero mentioned the Village Manager, through Council's direction, started the process to request funds, up to $250,000, from Tallahassee to master plan the park. He suggested waiting for the project status; not let the issue die, but felt master planning might take care of the problem. Mr. Couzzo acknowledged Mr. Jack Cory helped establish a meeting next week with a park planner; he plans to look at the existing drawing and overlay and utilize as much as possible. Council Member Amero stated he understood Council Member Paterno's concerns, but wanted to consider all options first and ask Jupiter Hills to maintain in the interim; he did not believe moving the fence at this time was a good idea. Minutes -Village Council Regular Meeting 6/14/07 Page 11 VII. Communications from Citizens (Con't) Council Member Paterno stated he would like to reprimand the Village Manager for not overseeing the project. • Ms. Betty Nagy, of 26 Shay Place, thanked Ms. Campbell and the Anniversary Committee for the 50`'' Celebration. Mr. Vince Arena, of 463 Tequesta Drive, stated he had lived here for 20 years and that his boats have been parked on the west side of his house for 13 years without one complaint. He noted that until April of 2006, he had four previous Code Officers interpreting the Code, all of which he complied with to the cost of $10,000. In April 2006, a new Officer advised him of another problem; now he felt the need to take legal action. He referenced Section 78-645 of the Code and requested Council provide a waiver for his property to allow his boats to remain as they have for 13 years. He provided a handout and noted a flaw in the Code concerning front and rear yards. • Mr. Russell Von Frank, of 489 Dover Road, asked that Code Enforcement be placed back under the Police Department and eliminate the position from the Building Department. He mentioned there were less than two dozen cases a month brought before the Special Master and felt the funds spent were not necessary. • Dr. Richard Dube, of 7 Country Club Circle, distributed information and commented on the Community Rating System (CRS). He stated prior to September 2006 Tequesta had a Seven (7) rating with the Federal Emergency Management Association (FEMA) CRS Program, which enabled a 15% reduction to flood water policies. Due to a change of events, he explained a lapse occurred and the program could not be reinstated until May 2008; there were 2600 homes within Tequesta, of which 1300 were in the flood plain, and a 15% loss in flood policy represented a significant loss to the residents. He pointed out the Village did not have the proper expertise to show that it was safe from a flood and staff did not respond in a timely manner. He stated any issue that affected 1300 residents was important and this should not be allowed to happen again. VIII. Communications from Council Vice-Mayor Watkins echoed Ms. Nagy's comments and thanked Ms. Campbell and her committee and anyone involved with the weekend. She had numerous compliments from citizens. Council Member Amero agreed it was a fun filled weekend that was well attended. He would like Council do this again and not wait for the next 50~' anniversary. • Council Member Paterno concurred and felt Ms. Campbell and the committee did a great job and that it took a lot of work and planning. He mentioned he had been contacted by several residents regarding the 18% water fee. Minutes -Village Council Regular Meeting 6/14/07 Page 12 VIII. Communications from Council (Con't) He stated within the next month he would address information he had been researching over the last six months; while at the same time clear his name as to why he had been asking questions. He stated he would bring forth the facts that he had researched and found and felt the residents of the community should know this information. He mentioned the only reason he did this was because every time he looked into something he found it to be a disaster. • Council Member Turnquest complimented the Department Heads and Village Manager and all involved in running the Village for doing a good job. He mentioned he received a lot of positive feedback from the residents regarding the SOt" Anniversary celebration and noted it even brought two old friends together. He also would like to see this type of event more frequently. • Mayor Humpage thanked Ms. Campbell and her committee for a magnificent job. Ms. Dottie Campbell asked to address the Council. She stated it was marvelous working with the celebration committee; they were positive, worked hard and their enthusiasm was unbelievable. She said was astounded at some of the comments that have been made this evening and the way in which they have made. She suggested certain Council Members project a positive attitude. Mayor Humpage thanked the staff that worked on the committee and noted some employees took personal days to assist with the event. He mentioned the Citizen Survey was almost completed and suggested the remaining t-shirts be given to the summer camp program and Consensus of Council agreed. IX. New Business 7. Ordinance 613-06/07, Second Reading - an Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending Ordinance 599 Section 22-56 Meetings and Records for the Planning and Zoning Board; providing for codification, severability, and providing an effective date. Mayor Humpage read Ordinance 613-06/07 into the record. MOTION: Council Member Amero moved to approve Ordinance 613 on second reading; seconded by Council Member Paterno. Mayor Humpage declared the public hearing open. (Council Comments) None (Public Comments) Mayor Humpage opened the meeting to the Public for input, there being none, he closed the public hearing. The motion to approve carried unanimously S-0. Minutes -Village Council Regular Meeting 6/14/07 Page 13 8. Ordinance 614-06/07, Second Reading - an Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending Chapter 70 Taxation of the Village of Tequesta Ordinances, by repealing Article II, Occupational License Tax in its entirety and re-adopting an updated new Article II, in order to comply with recently enacted State Legislation rescinding Chapter 205 of Florida State Statues Attorney Halversen read Ordinance 614-06/07 into the record. Mayor Humpage declared the public hearing open. (Council Comments) None (Public Comments) Mayor Humpage opened the meeting to the Public for input, there being none, he closed the public hearing. MOTION: Vice-Mayor Watkins moved to approve Ordinance 614 on second reading; seconded by Council Member Paterno; motion carried unanimously S-0. 9. Resolution 52-06/07, A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving an agreement between the Town of Jupiter and the Village of Tequesta for potable water emergency interconnection service and authorizing the Village Manager to execute the same on behalf of the Village Attorney Havversen read Resolution 52-06/07 into the record. Mr. Michael Couzzo, Village Manager, explained the water service agreement with the Town of Jupiter would expire soon and staff had been working on mutually beneficial terms to provide water back and forth between the two municipalities. MOTION: Vice-Mayor Watkins moved to approve Resolution 52; seconded by Council Member Amero. Item was opened for discussion. Council Member Paterno asked for the exhibit that was referenced in the Resolution. Ms. Halversen advised the attorneys for the two municipalities were still negotiating a couple of clauses regarding payment. She stated they were in the process of finalizing these terms; therefore she recommended Council approve the agreement as presented with the one change that would be worked out between the attorneys regarding the payment terms. Council Member Paterno felt this was a great agreement and it was good to cooperate and appreciated the hard work. Motion carried unanimously S-0. Minutes -Village Council Regular Meeting 6/14/07 Page 14 10. Resolution 53-06/07, A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, establishing an Ad Hoc Advisory Board to the Village Council to be known as the Charter Review Board; establishing its purpose; providing for its makeup; and establishing the term of its existence; providing an effective date. Attorney Havlersen read Resolution 53-06/07 into the record. MOTION: Council Member Amero moved approval of Resolution 53-06/07; seconded by Council Member Turnquest. Item was opened for discussion. Council Member Amero asked that the Resolution be changed to reflect the Village Attorney be present when requested by the Chair or the Charter Review Board. Mayor Humpage noted he was on the last Charter Review Board and without the attorney in attendance there would have been confusion. Attorney Halversen suggested inserting the words at the beginning of the sentence, "When requested by the Board, the Village Attorney will be present to advise the Board; and the Village Manager, when able to attend, will be present as a resource." Consensus of Council agreed. Vice-Mayor Watkins said she did not intend to support the Resolution due to timing with the Dalack litigation; she would like to see this delayed. Motion carried 4-1 with Vice-Mayor Watkins in dissent. 11. Appointment of Charter Review Board Members • Council Member Turnquest appointed Vince Arena. • Council Member Paterno appointed Geraldine Genco. • Council Member Amero appointed Mary Hinton. • Vice-Mayor Watkins appointed Joe Capretta. • Mayor Humpage appointed Dorothy Campbell. 12. Council discussion and approval of Council Member Turnquest's request to submit an application to become a "Bicycle Friendly Community" Council Member Turnquest explained his request would need to be modified due to the need for a major overhaul of the roads in order to meet the requirements. Therefore, he presented an alternative proposal and suggested a bike route along Linear Park leading into Tequesta Park in lieu of the proposed Bicycle Friendly Community application. Mayor Humpage suggested tabling the item temporarily and felt the Village would need the cooperation of Commissioner Marcus. Vice-Mayor Watkins mentioned promoting bike use through Smoke Signals as a public relations tool. Council Member Turnquest felt there could be a safety issue since the Village did not have restricted bike lanes. Minutes -Village Council Regular Meeting 6/14/07 Page 15 12. Council discussion and approval of Council Member Turnquest's request to submit an application to become a "Bicycle Friendly Community" (Con't) Council Member Paterno asked about making changes so families could ride their bikes along the paved areas in Linear Park and to promote riding on the sidewalks. Chief McCollom stated it was worth looking into and. He said if the Village wanted to create bike paths, the roadways would have to be wide enough for those paths to fit, otherwise there would be considerable costs to put bike paths adjacent to the pavement. He mentioned staff could work on planning this and maybe find alternatives. Council Member Paterno asked if areas that were wider could be designated bike paths rather than sidewalks to promote bike riding and the Chief stated they would need to measure the roads and see where the bike lanes would go and mentioned there were Florida Department of Transportation (FDOT) regulations as well. He mentioned the Bike Safety Council would be a good resource. Mayor Humpage suggested tabling the item and that Council Member Turnquest speak with Cindy DeFilipo, Commissioner Marcus' Assistant. MOTION: Council Member Paterno moved to table the item; Vice-Mayor Watkins seconded; motion carried S-0. 13. Council discussion and approval of "Computers for Kids" program sponsored by the Jupiter Tequesta Rotary Club Vice-Mayor Watkins explained the program, sponsored by the Jupiter Tequesta Rotary Club, collected, refurbished and donated old computers to J. F. K. Middle School for the students. She asked if the Village could donate any surplus computer equipment to the program. Mayor Humpage noted that typically the computers still remained after the auctions and supported the program. MOTION: Vice-Mayor Watkins moved to approve donating the surplus computer equipment to the "Computers for Kids "program sponsored by the Jupiter Tequesta Rotary Club; seconded by Council Member Amero; motion carried unanimously S-0. 14. Resolution 54-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, authorizing the Village Manager or designee to enter into contract negotiations with Nichols Sanitation, Inc. as provided for in Section 3.2 of the Waste Collective Agreement Attorney Halverson read Resolution 54-06/07 into the record. MOTION: Vice-Mayor Watkins moved to approve Resolution 54; seconded by Council Member Amero; item was opened for discussion. Minutes -Village Council Regular Meeting 6/14/07 Page 16 14. Resolution 54-06/07 (Con't) Mr. Michael Couzzo, Village Manager, explained the existing waste agreement would end this year and pointed out there was a provision that allowed for an extension. He indicated the services provided by Nichols Management had been good over the years and he was seeking Council direction. Mayor Humpage felt the negotiations were necessary and each Council Member should meet with Mr. Couzzo individually to let him know what they had in mind. Council Member Amero commented that the Resolution simply provided the Manager the ability to negotiate and did not lock Council into an agreement. He felt Council needed to begin negotiations. Council Member Paterno agreed and felt the service has been good and he had no complaints. He asked Ms. Halversen if this had to be placed out to bid since it was over $25,000. Ms. Havlersen believed professional services were different and she would need to check on where sanitation services fell and bidding would apply. Mr. Couzzo stated normally this would be the case, however the contract provided the Village an opportunity to extend the contract for an additional five year period and felt this would cover the bidding issue. Council Member Amero stated the Comp Plan called for a bid; however the Resolution did not lock Council in and they could go out to bid should they wish and there was a five year renewal option in the contract. Council Member Paterno stated he would like to re-enter into negotiations if the contract allowed. Vice-Mayor Watkins agreed the service provided has been outstanding. Mayor Humpage asked Council to individually provide Mr. Couzzo with direction on their thoughts. Motion carried unanimously 5-0. 15. Resolution 55-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida adopting refuse, recycling and yard waste collection rates for fiscal year ending September 30, 2008 and authorizing transmittal of the applicable non-ad valorem assessment rates for all residential properties in the Village of Tequesta to the Palm Beach County Property Appraiser and / or Tax Collector to be included on the Palm Beach County Tax Roll for Non-Ad Valorem Assessment Purposes Attorney Halversen read Resolution 55-06/07 into the record. Ms. Jody Forsythe, Director of Finance, explained this was for TRIM (Truth in Millage) compliance and the Solid Waste Authority advised they need the highest amount the Village believed would go on the tax bills for the Non-Ad Valorem Assessment; their deadline was July 10, 2007. She said some numbers had been received, which were worst case scenarios; the Village could lower but could not raise without notifying every resident. Minutes -Village Council Regular Meeting 6/14/07 Page 17 15. Resolution 55-06/07 (Con't) Council Member Amero stated this was a statutory requirement and Council was meeting the requirement and from this point negotiations begin and Council would give the Village Manager their input. Council Member Amero asked how this would be followed up by Council as a whole; if it would be through a Special Meeting or Workshop. Mr. Couzzo stated he did not believe this could be done in an Executive Session and had to be done publicly, which would place the Village at a disadvantage with negotiations. Ms. Halverson stated she would research if this should be a special session or a public hearing and would get back with Council. Council Member Paterno asked if each Council Member spoke with the Manager individually if that would be a Sunshine violation and considered polling. Mr. Halversen advised the Village Manager was allowed to speak to Council individually and was not polling. She said there would be a meeting to discuss the issue in the open. MOTION: Council Member Amero moved to approve Resolution SS; seconded by Vice- Mayor Watkins; motion carried unanimously S-0. X. Any Other Matters • Council Member Amero reiterated he wanted to ensure the ball was not dropped regarding Tequesta Park and that all options available were considered. He voiced concerns with the potential future irrigation maintenance costs and might need to address this issue and assess the costs. He felt the Tequesta Bridge issue should remain on the top of the list; what would be done, how it would be done and how it would be paid for. He received a Memo from Ms. Forsythe to the Village Manager regarding the May 9~ Memo about the April 2007 Financial Reports. He referred to number four, "Refuse and Recycle Fund" where it noted the fund was under budgeted and staff would prepare a Resolution to adjust the correct Revenue and Expenditure Report. He questioned why this was underfunded and under budgeted. He referenced the May 10 Council Meeting minutes where Council Member Paterno asked if they were short in the budget and Mr. Couzzo stated no and asked what was correct. Ms. Forsythe stated they were short on both the revenues and expenditures side and explained when the budget was prepared last year there was an incorrect number of units budgeted. She said the actual number of the tax roll came up to a larger number so the Village was actually receiving a larger number. She stated they were trying to catch up on the budget side so that in the end the budget and the actual would be the same. Council Member Amero noted this should be the last year there would be a short fall and Ms. Forsythe stated there was not a short fall and that the Village would actually have increased revenue due to increased customers. Minutes -Village Council Regular Meeting 6/14/07 Page 18 X. Any Other Matters (Con't) Lastly, Council Member Amero mentioned there were several residents that were not receiving Smoke Signals and asked that the list be updated. Council Member Paterno stated he wanted to discuss bonds coming due and felt the Utility Fund needed to be addressed. He understood Jupiter Island was asking for a refund from the water utility. Ms. Forsythe explained a 9% Utility Tax was charged to the original company and when the company sold and Jupiter Island took over the Village transferred the charges and customer information over to Jupiter Island. She stated Jupiter Island stopped paying about six months ago and had asked for a refund based on their status as a municipality. She explained research has shown the Village could not charge Jupiter Island and would need to refund the money. Council Member Paterno noted less money in taxes would be received going forward. He discussed the Utility Ordinance and the attorneys involved and the costs involved. Mr. Couzzo explained the preliminary work was done and a recommendation was soon to come; however Mr. Hawkins, the Village Attorney, felt it would be prudent to engage the services of Mr. John Jenkins who specializes in this field to take an additional look at the issue prior to making a formal recommendation. Council Member Paterno asked for an update on the findings and Mr. Couzzo stated it was not complete as of yet. Council Member Paterno asked how much money was being overcharged or undercharged and Mr. Couzzo stated there might not be any charge; however this was being researched at this time in order to provide an accurate answer. Vice-Mayor Watkins commented on Council's track record which forced the Manager and staff to double and triple check everything. She felt staff and management were trying to do the best they could to bring accurate information forward and they should be commended for this and not criticized. Mayor Humpage requested for an Executive Session to discuss regarding the Arena litigation. XI. Adjournment MOTION: Council Member Amero moved to adjourn the meeting at 10:00 p. m.; seconded by Vice-Mayor Watkins; motion carried unanimously 5-0. Respectfully submitted, CYI.c.. rY1 Cf..c~ (_.Q_Q..c..C~m~ Lori McWilliams, CMC Village Clerk