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HomeMy WebLinkAboutMinutes_Regular_01/11/2007 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JANUARY 11, 200'7 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:06 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Jim Humpage, Vice Mayor Tom Patemo, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Michasl R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Paterno deferred the invocation to Council Member Genco at her request. Council Member Genco gave the invocation and led in the pledge of allegiance to the flag. III. APPROVAL OF AGENDA • • Council Member Watkins requested addition of comment on boundary issues for Jupiter High School under Any Other Matters. Council Member Genco requested addition of code enforcement in Bermuda Terrace under Any Other Matters, the budget with regard to two recently received communications under Council Communicatians, the bridge, aright-of--way issue, a Charter issue, and another Charter issue with regard to property code, and an amendment item 4, Unfinished Business. Vice Mayor Paterno asked to move items 19 and 20 ahead of item 11. Vice Mayor Paterno commented he had a list he would be going through and possibly a presentation under Council Communications. MOTION: Council Member Genco moved to approve the agenda as amended; seconded by Council Member Watkins. Motion unanimously carried 4-0. IV. PROCLAMATIONS AND PRESENTATIONS In-Car Mobile TechnoloQV Presentation -Police Chief William McCollom advised the reason for this presentation was he was going to be requesting an expenditure for technology in the police cars to enhance efficiency and productivity. The presentation would address why this new technology was required, what technology would be implemented, the cost, and how it would be paid. Current in-house technology was not compliant with FDLE in terms of • security and encryption between information going from dispatch to the car, and from the car back to dispatch, which was a major concern. The officers did not have access to critical information such as warrants or stolen cars without going through dispatchers. With this technology it would be easy for officers to run tags Minutes -Village Council Regular Meeting 1/11/07 Page 2 • from pazking lots looking for suspicious vehicles, to check on more people, and to do this late at night. Currently, exact data on numbers of traffic stops, how many were minorities, etc., for reporting to the State had to be done by hand, taking many hours. The technology would allow the officer in a caz to hold down a key and speak the information instead of typing it in, to automatically run a tag or state a person might be a possible terrorist. This was shown on the video screen. Other features included auto-population of a crash report, cutting the time required for that report from approximately 45 minutes down to ten minutes. Automatic diagramming would be provided, allowing information to be added regazding traffic direction, etc. Chief McCollom advised apublic/private partnership would be used which had been successful in other jurisdictions, with a company which needed law enforcement to use their software and report back to them and tell them how it worked or what could be tweaked to be better. Chief McCollom advised the Village Council that time was of the essence-there were two companies, Advanced Public Safety and Advanced Technology Services, who would provide the software, and they had been waiting a couple of months to heaz from Chief McCollorn. The cost was normally $56,400 for all the products; however, the cost now and future cost was zero by being the beta site for these companies and testing their products. A vehicle would need to be built to accommodate the • laptops and other software, changing the front compartment and the trunk area, and in doing so it was Chief McCollom's desire to change the car design. A model of the desired design was shown on the screen, and models were given to each Council member. All cars would be exactly the same with everything located the same in every caz, and the new cars would be OSHA compliant. The Village's responsibility would be to purchase laptops and related equipment, which Chief McCollom requested be done on a capital lease, and advised he had included it in his budget presentation to the Village Council under capital, but the money would have to be moved into various accounts with the help of Finance Director Forsythe. Air cazds would have to be purchased. The purchase of the laptops and related equipment would be reimbursable from the County's 1250 fund, used to design/implement equipment to enhance officer safety and/or productivity. Currently the Village's estimated reimbursement from that account was $81,000. Chief McCollom reviewed a process map of how the money would have to be moved-laptops would be purchased on a Florida contract, hopefully through a lease, and three companies had provided bids. Once proof of purchase for the laptops and related equipment was obtained, then reimbursement from the 1250 fund could be requested. Finance would have to move funds for financing the laptops into debt service so they could pay principal and interest on that money- . approximately $80,000. 2 Minutes -Village Council Regular Meeting 1!11!07 Page 3 • Chief McCollom explained he had broken that out in his budget, projecting it over three years, approximately $30,000, $28,000, and $28,000. The 1250 fund would pay half of the total $160,000 project cost from inception to finished installation in the cazs. The Chief explained that this program would increase efficiency in that officers would not have to return to the station to write their reports or to run criminal histories-they could do all these things in the field. Time to prepare incident reports would be cut drastically. With this system, there would be increased traffic patrol because of the ease of obtaining all the information pertaining to a vehicle before actually making a stop, reducing tension between the officer and driver, with a spinoff benefit of less complaint regarding traffic stops. Officer safety and better records management would also be benefits. Council Member Genco asked if the other $80,000 of the program cost would also be allocated over three years. Chief McCollom responded the capital lease of the laptops would pay for the Village's portion. Only $80,000 would be financed. Wireless cazds would be additional and would be paid for from the 1250 fund; the only capital monies to be put out would be for the laptops, which then would be reimbursed. Some cables would also qualify for the reimbursement. Air cards were not currently budgeted. Council Member Genco asked for an estimate of the new short-term budget allocation; Chief McCollom advised he could not estimate that accurately at this • point, but roughly $70,000 of the $81,000 would come from the 1250 fund; that 1250 money would have to come in as a new revenue source and would have to be appropriated in the accounts to pay for the equipment, installation, etc. The current yeaz budget would be increased roughly by $80,000, including the air cards. Chief McCollom explained the Village would be getting a lease in order to free up $81,000, but in the first yeaz they would only put out $27,000. The money would be in hand because once he had proof, the lease company would order the laptops and the Village would have a check in hand that showed they paid for those laptops. Council Member Genco stated she understood, that it had to be put into the budget before a check could be written. Chief McCollom advised he had done everything he could to make this cost the least amount of money possible. Council Member Genco commented the expense would probably go up a little after the 4~', 5~', and 6th year because licenses would have to be renewed, and she asked if it would cost approximately $80,000+ annually to maintain the system. Chief McCollom responded that the key to the whole program was that by being a beta site, the Village would not have to pay for future licensing or any other fees the only future cost would be for the air cazds lease. In three years the Village would own the computers. Council Member Watkins questioned how the training for the officers would take • place. Chief McCollom explained that Advanced Technology Systems would come and train dispatchers, the records specialist, and the officers. Jeff Rubenstein, President of Advanced Public Safety and a reserve officer for Delray, 3 Minutes -Village Council Regular Meeting 1/11/07 Page 4 • would come to the Village to train the officers, for which there would be no extra charge. Vice Mayor Paterno asked about running tags using cameras to hook up to the software. Chief McCollom advised that cameras would hook up to this software but that was a different company which would not supply that here. Advanced Public Safety worked with Motorola in California and Texas, and would supply Motorola equipment. V. STANDING REPORTS VILLAGE ATTORNEY Village Attorney Hawkins indicated he had nothing to report. VILLAGE MANAGER The Village Manager advised he had nothing to report. VI. UNFINISHED BUSINESS • 3. RESOLUTION 22-06/07 - A Resolution of the Village Council of the Village of Tequesta, Florida, approving the Final Plat Plan for The Preserve of Tequesta, formerly known as The Crossings. Attorney Hawkins Resolution 22-06/07 for the record. Mr. Passeo, on behalf of the applicant, Cornerstone, summarized that they requested a final site approval at the last December 14, 2006 meeting, but Council had significant concerns about the existing three story building on that property. He stated Cornerstone, wanted to offer solutions to remedy those concerns. He referred to the green highlighted area on the plan, which was the nursing home; and pointed out the pink and orange represented tracts owned by Cornerstone. He explained Cornerstone with the nursing home, submitted a proposal to re-plat the land. He stated they were requesting that the Preliminary Plat approval become final. Mr. Passeo mentioned the concern of Council, and informed them that Cornerstone would clean the construction debris from the area, complete the fence along Dixie Highway and Village Boulevard, finish grading around the fence, sod the area, landscape the adjacent fence, irrigate the area, and put Sable Palms in the public row when the permits were issued. He indicated they would submit a • progress report to Council every 90 days; and Cornerstone would put up a $100,000 bond to secure the obligations, and the commitments they were stating. 4 Minutes -Village Council Regular Meeting 1/11/07 Page 5 • Mr. Passeo hoped this would alleviate the concerns of Council, so that this project could move forward. Vice Mayor Paterno stated his concern still had not been addressed. He specified his concern was the existing building, which had not been mentioned. Council Member Watkins stated she assumed the fence encompassed the front of the building and beyond. Mr. Passeo specified the fence would go around the entire site. Council Member Watkins stated they were concerned about the existing three story building. Mr. Passeo explained there was a contract that they had delivered to Council, which stated, Cornerstone would deliver the property to the buyers under the condition that they received approval for the Plat. Mr. Passeo did not think the buyers would invest millions of dollars in the project for the purpose of looking at it. He believed they would use their best efforts to finish construction. He pointed out the contract was subject to Cornerstone delivering a valid subdivided piece of land. Council Member Watkins reiterated her previous comments that the building has been a concern of the residents for a long time. She commented she liked the idea of it being a residential community; and hoped they would move forwazd. She stated she could not imagine the buyers did not intend to do anything with it. She was glad that someone wanted to do something with that building, given the circumstances of the market. Mr. Passeo • stated they needed to go step by step. He explained the Village's Code required the subdivisions to be done first before a building permit was issued. Council Member Genco asked how they planned to handle the Plat. She pointed out both pieces were in the name of Cornerstone. She explained there was one plat for both parcels, under one title. Mr. Passeo stated in April, Cornerstone requested that they receive a Plat approval to divide the land into various parts. He stated Council gave them a temporary Plat approval. Council Member Genco stated no, and clarified Council gave Cornerstone a Site Plan approval. Mr. Passeo specified the Site Plan approval was done in 2005. He stated in 2006, they requested a Preliminary Plat approval. Council Member Genco stated thcy gave them an approval for the entirc parcel, and not for two phases. Mr. Passeo stated the Site Plan approval granted in 2005 was for the vazious buildings being built on the north side, as well as, for the minor changes that were being done to the existing building. He explained in eazly 2006, they requested the Preliminary Plat approval. Council Member Genco stated under one title, which was the title of Cornerstone. Mr. Passeo stated Council Member Genco was correct; however the Plat approval which had various different parcels, was approved. Council Member Genco stated that was the Home Owner's Association. She • explained the individual parcels were included in a document that they cover under the plat approval. She explained now they were looking at all the parcels, which they wanted to do in two phases. She pointed out the original development Minutes -Village Council Regular Meeting 1/11/07 Page 6 • did not address having two phases, nor did it address having sepazate plats. Mr. Passeo pointed out the Preliminary Plat had the exact same parcels they see here. He stated there were no changes. Council Member Genco stated that was the Site Plan. Mr. Passeo stated the Site Plan was a different issue. Council Member Genco specified the azchitecture, design, and engineering, were all in the Site Development Plan; she stated the Plat was a sepazate issue. She explained it was a property title issue, and pointed out Cornerstone was conveying the property for a purpose to someone else, but Cornerstone was the only applicant present. She stated Council was giving approval to an applicant that they had no jurisdiction over; and that was the problem. She asked how Council could give approval to someone they did not have jurisdiction over. Attorney Hawkins thought that was not the situation. He stated the situation was that one applicant owned the pink bordered area and the orange bordered area, which were owned by Cornerstone. He stated they were there seeking the approval of the re-plat; and if approved, it would result in the parcels being delineated on the re-plat. He explained if the re-plat was approved in April 2006, Council would have pazcels broken up, and the applicant would transfer the title to the third parry buyer, which he believed to be the Philadelphia Group. He • explained this sequence would lead to a sale. Attorney Hawkins pointed out, it was not that Council had no applicant before them tonight; it was that they had one applicant before them. Council Member Genco clarified the applicant was Cornerstone. She verified when Cornerstone conveyed the property to the buyer, Philadelphia Group, they would have to come back for a Site Plan approval. Attorney Hawkins stated Council Member Genco was absolutely right. She noted under a PRP, it should have been done under a Unity of Title. She pointed out the Village did not get a Unity of Title, which was apart of the development requirement for the application. She stated Cornerstone did not get an exemption for the Unity of Title requirement. She mentioned that was why she was asking these questions. She stated if they had, they would be in a different situation right now; but Council did not grant the applicant an exemption from that. Council Member Genco stated the Site Plan did not provide for two phases. Mr. Passeo stated when the applicant went before Council with the Site Plan in 2005, there was a Unity of Title, and Council requested that the Unity of Title be released. He stated it was a document executed by the Mayor at the time. Council Member Genco recalled she asked for that document two times in the last two months, and had she been provided with that, it would have answered the questions brought forth tonight. Attorney Hawkins stated they received it today. He explained in May 2005, there was an agreement approved by Mayor Watkins waiving the Unity of Title. 6 Minutes -Village Council Regular Meeting 1/11/07 Page 7 • Council Member Genco stated she was not questioning the existence of the document, and stated if she was given that document, the question would have been answered. She stated that might have been a meeting she missed, because she did not recall this. She asked if there was a meeting. Attorney Hawkins stated in 2005, there was a meeting. Council Member Genco stated the buyers should understand they had to come in for a Site Plan approval. She stated she was amazed that the document was not provided. Mayor Humpage stated they appreciated the fact Cornerstone set a bond in place. MOTION: Council Member Genco moved to approve Resolution 22-06/07; Council Member Watkins seconded the approval; motion passed 4-0. 4. RESOLUTION 32-06!07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Declaring Seat 5 of the Village Council to be constructively vacant and placing it on the Ballot for the March 2007 General Election of the Village of Tequesta and authorizing the Village Manager to disseminate to potential candidates the election materials described herein. Attorney Hawkins read the title of Resolution 32-06/07 into the record. Mayor Humpage asked Attorney Hawkins if the Whereas Clauses needed to be read into the record. Attorney Hawkins stated the title was sufl=icient. Mayor Humpage read Resolution 32-06/07 into the record in its entirety for the understanding of the residents. MOTION: Council Member Genco moved to approve Resolution 32-06/07; Council Member Watkins seconded the motion. Council Member Watkins commented that this was discussed at the last meeting, and Council was initially hesitant because of the possibility that the courts would frown on it. She stated the Village has made every effort to make it clear to anyone interested in being seated, the parameters under which they would be seated. She specified it was subject to the Court's decision. She stated whoever wrote the resolution, made the guidelines under which anyone would be running very clear, and commended the Attorney for doing an excellent job. She thought they needed to do everything possible to fill the seat for the sake of the residents. Council Member Watkins explained this would enable Council to get the Village business done, and thought it was the best thing. She stated she was glad Mr. Dalack's Attorney was advised, and was well aware of what the Village was doing. She stated they made every reasonable effort to do this fairly under the circumstances. Council Member Genco announced she was tendering her resignation as of the 30~' of January 2007. She explained the reason she asked for the information on a special election back in November 2006, was because she needed to know what to do. She explained she wanted to do it in an orderly fashion, because that way they 7 Minutes -Village Council Regular Meeting 1/11/07 Page 8 • could call a special election for her seat, which was seat 1. She pointed out a lot of the language in Resolution 32-06107, would apply to seat 1. She stated her resignation would be effective January 30, 2007 at 9:00 a.m., and mentioned she had a resignation speech. She stated they could either do an addendum to Resolution 32-06/07, or use it as a drag. She pointed she wanted Council to declare her seat vacant as of that date, so that the seat could be placed on the ballot in March 2007. Mayor Humpage commented he did not know where to go with this. Attorney Hawkins stated given the nature of the suit, and the appeal, recommended the resolution be left in its current format. Council Member Genco stated that was fine. She thought the Village was supposed to declare the same thing for seat 1 as declared for seat 5, by calling it a special election under the same items which were contained in Resolution 32-06/07. Vice Mayor Paterno noted item 16 on the agenda, and asked if they would mention the seat in that resolution. Attorney Hawkins thought Council could simply acknowledge the seat upon the resignation, declare the seat vacant and open for the special election. He emphasized this would be separate from the resolution regarding seat 5. Council Member Genco asked if it required a resolution, and suggested they do it in February if it did. Vice Mayor Paterno pointed out February would be the end of the qualifying period. Attorney Hawkins stated the election would occur anyway. • Vice Mayor Paterno asked if it would still be placed on the ballot. Council Member Genco explained that was why it was called a special election. She explained whenever they had a vacancy for more than six months; it would be placed on the ballot as a special election. She stated whatever is done for seat 5, to place it on the ballot for March 13, 2007, needed to be done for seat 1. Attorney Hawkins suggested they move forward with Resolution 32-06/07, and have a discussion on seat 1. Council Member Genco stated that was fine. Vice Mayor Paterno felt the Village Clerk should disseminate the information rather than the Village Manager. He pointed out the applicants had to go through the Village Clerk anyway. Council Member Genco agreed. Mayor Humpage felt the pulse of the community was to see seat 5 filled. Vice Mayor Paterno asked how many votes it would take to pass the resolution tonight. Attorney Edward Guedes stated three, and explained a 2-2 vote would not pass. Motion passed 4-0. VII. 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 Pillage 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. • 8 Minutes -Village Council Regular Meeting 1/11/07 Page 9 • MOTION: Council Member Watkins made a motion to approve the Consent Agenda as submitted; Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. Therefore the following items were approved on the Consent Agenda. 5. Village Council Regulaz Meeting Minutes December 14, 2006. 6. Village Council Workshop Meeting Minutes, December 14, 2006. 7. Planning and Zoning Advisory Board Meeting Minutes November 2, 2006. 8. Special Master Hearing Minutes October 26, 2006. END OF CONSENT AGENDA VIII. CO1VlIMUNICATIONS FROM CITIZENS Mr. Russell Von Frank, 49 Dover Road, mentioned vacancies regazding commercial properties, and asked what it was percentage wise compared to what was available. Mayor Humpage stated staff would check into this for Mr. Von Frank. • - Mr. David Bertholf mentioned attending the Air War College in 1994 to 1995. He explained it was tradition for the class to give a gift to the War College and stated in 1995, the class commissioned a painting of a montage of events during World Waz II; and presented it to the War College for the 50~` Anniversary of the World War II victory. Mr. Bertholf, of North Cypress Drive, stated he lived in Martin County, but his sister and her husband lived in the Village, as well as, his daughter and her husband. He explained since it was the first meeting of the beginning of the Village's 50~' yeaz, he and his wife wanted to present a limited edition print of the painting that hangs in the Waz College. He expressed it was a privilege to present the painting in appreciation for the quality under which the Village was governed, and operated. He pointed out it was a premier edition 211 of 1,202. Mayor Humpage thanked Mr. Bertholf for the gift, and stated they would find an appropriate place for it. IX. COMMUNICATIONS FROM COUNCIL Council Member Genco commented her resignation was an issue, and she wanted Council to pass a resolution declaring a special election for the purpose of filling seat 1 for the Mazch 13, 2007 election. She felt they could verbalize that, and have the Attorney draft it. She commented she was trying to do it in an orderly fashion, • and she knew Council would have three members for one meeting. She stated due to the Charter and State Statutes, she had no choice but to resign on January 30, 9 Minutes -Village Council Regular Meeting 1/11/07 Page 10 • 2007. She explained the qualifying period would begin on January 30, 2007 at noon, and that was why she had to resign on that date. Council Member Genco stated if there was any business for the Council, she would be available until then to give the majority. She commented she would appreciate being able to give her resignation speech. She expressed she treasured this position more than she could express. She remembered 10 years ago, she fulfilled a life long dream of moving to this area, which she admired when she was growing up as a child in Miami. She commented due to her hardheadedness and perseverance, she ran, and was elected a member of the Village Council. Council Member Genco stated during her tenure, she served in every capacity on the Council, on many of its committees, and she has seen many of her visions become a reality, as well as, the Council's vision. She commented there were dreams they all shared, and listed the Village Hall, Public Safety Facility, the Recreation Center, landscaping along Dixie Highway, the development of a strong Finance Department. She mentioned they weathered a number of Hurricanes and the Public Works Department, Administration, and Public Safety, worked together to ensure the safety of Village residents. She felt the goals she set out to achieve when she ran were completed, and she has decided to focus on personal goals. • She thanked everyone for their time and effort, and the support everyone has given to her over the years. She hoped the Council would see her as a willing resource, and allow her to assist in future endeavors. Mayor Humpage remembered when Council Member Genco came to the Village. He commented with her service and her knowledge, she has been an asset to the Village, and has made all of this possible. He stated there were many struggles that the Village went through, and she was apart of that. He expressed he had a lot of respect for her, and she would be missed, although they would call on her in the future. He thanked her for her service. Council Member Watkins commented she was caught off guard, but she knew Council Member Genco was aware of how valued she was to the Village. She stated the good side was, when Council Member Genco was no longer on the Council, she could call her and talk to her, which she would enjoy doing. Council Member Watkins thanked Council Member Genco for her years of service, and wished her good luck in all she did in the future. Vice Mayor Paterno stated Council Member Genco had a superior knowledge of numbers and things of that nature, and she brought a lot to the table; the Village would miss her in that respect. He expressed he was saddened to see her go. • Council Member Genco asked if she could make a motion that the Village has a special election for seat 1. Attorney Hawkins stated Council should do it tonight 10 Minutes -Village Council Regular Meeting 1/11!07 Page 11 • while on the record, so that it could be formally declared; then they could ratify it formally in writing at the next meeting. Mayor Humpage asked if this seat would expire in 2008. Attorney Hawkins stated it would be a one year seat. He stated Council needed to make a motion by virtue of the resignation of Council Member Genco that Council declares the seat vacant and available to go on the Mazch 13, 2007 ballot. Attorney Hawkins verified that with Village Clerk Lori McWilliams. Village Clerk McWilliams stated yes, and explained by code, the seat would be before the vacancy until the end of the term. Attorney Hawkins stated the Village Council should declare seat 1 vacant effective January 30, 2007 at 9:00 a.m., it would be eligible for special election, it should be re-filled by a special election, and would be on the March 2007 ballot, to fill the balance of the term, which would conclude in Mazch 2008. MOTION: Vice Mayor Paterno moved that Council declare seat 1 vacant effective January 30, 2007 at 9 a.m., and will be eligible for special election, which would run in March 2007, in order to, fill the balance of the term, which would conclude March 2008,- Council Member Genco seconded the motion; motion passed 4-0. Council Member Genco pointed out there was a situation with a large right of way • at Golfview and Fairway, where the owner had a right of way of 150 feet, which ran approximately 12 to 20 feet wide. She suggested the Village consider abandoning that easement, or decide to maintain it; because the right of way that the property owner was being burdened to maintain was about 1 /5~' of their lot. She pointed out if Council looked at the lot versus the right of way, it was about 25%, which was huge. She stated they had two choices to ease that burden. She suggested they abandon it, and let the owner of the property own it, or plant some trees there and maintain it. She thought it was fair to do one or the other. Council Member Watkins asked if that was Fairway North. Council Member Genco stated yes. Vice Mayor Paterno stated they had a lift station there, and Encon should be maintaining a portion of that regulazly. Council Member Genco stated Encon leased it. Vice Mayor Paterno stated they were supposed to be maintaining it. Council Member Genco stated yes, the Village usually called them periodically to come and maintain the middle piece. She stated she spoke to the property owner about the remainder of it, and they were interested in the abandonment; and if not, they were interested in the Village planting trees. She asked that it be addressed. Vice Mayor Paterno commented he did not like the way the agenda was set up, because residents did not heaz the important things Council Members said in Any Other Matters. He pointed out by the time, Any Other Matters comes, people in attendance wanted to leave. Mayor Humpage stated they spoke about changing • some things on the agenda, and could limit the time in the future. Vice Mayor Paterno asked if he could take all the time be wanted under Communications from 11 Minutes -Village Council Regular Meeting 1/11/07 Page 12 • Council. He stated he did not want Any Other Matters pushed to the end of the Council meeting. Vice Mayor Paterno stated he wanted to speak about Village Manager Couzzo's contract, which had not been signed. He stated he wanted this issue at the forefront, when the meeting was well attended. He pointed out he did not want people to call implying they were discussing the issue behind the scenes. He commented it was not fair to the residents. Mayor Humpage stated he got a call from Attorney Hawkins, and was informed that Village Manager Couzzo's contract has been amended as discussed at the last meeting. He indicated the only thing that was not discussed was the Indemnification Clause, which they were in communication about it. Vice Mayor Paterno pointed out 30 days has passed, and the contract was not yet signed. Mayor Humpage stated this was not on the agenda, and emphasized that they needed to stay focused on the agenda. He suggested Vice Mayor Paterno put it on the agenda for the next meeting. Vice Mayor Paterno stated he would put it under Any Other Matters, because he did not want to delay it until the next Village Council meeting. Council Member Watkins stated they agreed to the changes, and agreed that the Attorney would speak with Village Manager Couzzo about the Indemnification Clause. • Council Member Watkins asked if Vice Mayor Paterno wanted to see the signed contract. Vice Mayor Paterno stated he wanted to discuss the issue that the contract has not been signed. He pointed out if Council agreed to the changes in the contract at the last December 14, 2006 meeting, the contract should have been signed after that. He stated it was not signed. He pointed out Council agreed they would discuss the Indemnification Clause, and it still has not been brought up. He was concerned they were not addressing the issues at hand. Council Member Watkins stated Council agreed that the Attorney would have a conversation with Village Manager Couzzo in regard to that. Attorney Hawkins stated the provisions that were made by Council on December 14, 2006 has been made and the contract was sent to the Village Manager to be signed. He stated Village Manager Couzzo and he had three conversations about the Indemnification Clause. He stated he has spoken to two prior lawyers who were involved on that amendment. He stated the other amendments were approved, but the Indemnification Clause issue has not been resolved. Mayor Humpage clarified that the approved contract with the two changes had to be signed. He pointed out according to the minutes of the December 14, 2006 meeting. Attorney Hawkins would discuss the Indemnification Clause with Village Manager Couzzo, to see if it was covered by State Statute. Attorney . Hawkins stated yes. Mayor Humpage commented since they all agreed to that, he did not see where the problem was. Vice Mayor Paterno stated the problem was the Indemnification Clause. He stated it needed to be considered. Mayor 12 Minutes -Village Council Regulaz Meeting 1/11/0'7 Page 13 • Humpage stated they would discuss it in Any Other Matters. Council Member Genco thought Vice Mayor Paterno was referring to the discrepancy between the Village Code and the Contract. Council Member Genco explained that discrepancy has to do with the Termination Clause. Mayor Humpage asked if she was referring to the Indemnification Clause. Council Member Genco explained the Indemnification Clause dealt with the subject of termination. Vice Mayor Paterno asked Attorney Hawkins if a contract was considered legal if it was not presented at a meeting, but was verbally agreed upon, then there were changes made. Attorney Hawkins replied that was not a simple answer. He speculated it might not be, but it might be. He explained Council operated under a document that has been in place for a long time. Attorney Hawkins stated he did not know if the facts described were accurate or not, but he knew Council authorized a document. He stated if it was not presented he did not know why. Vice Mayor Paterno stated they could discuss it in Any Other Matters. Council Member Genco thought they should address the Charter. Mayor Humpage stated he agreed with what Council Member Genco was saying, but they had to focus on the other items on the agenda. Council Member Genco stated the Charter needed to be covered and they could do it first under Any Other • Matters. X. NEW BUSINESS 9. ORDINANCE 610-06/07 -SECOND READING An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending Chapter 54, entitled "Offenses"; of the Code of Ordinances of the Village of Tequesta, to create sexual offender and sexual predator regulations, creating a new Code Section 54-6 to be entitled "Findings and Intent"; creating a new Code Section 54-7 to be entitled "Definitions"; creating a new Code Section 54-8 to be entitled "Prohibitions, Exceptions, Penalties"; to provide a sepazation requirement of 1,000 feet from the residences of sexual offenders and predators and certain permitted uses; creating a new code section 54-9, to be entitled "Rental; of Real Properly to certain Sexual Offenders and Predators Prohibited"; creating a new code section 54-10, to be entitled "Annual Registration of Private School Bus Stops"; providing for Severability; providing for the repeal of any laws in conflict; providing for codification, and providing for an effective date. Attorney Hawkins read Ordinance 610-06/07. No Council Comments • Mayor Humpage opened public hearing. 13 Minutes -Village Council Regular Meeting 1/11/07 Page 14 • (Public Comment) Mr. Russell Von Frank, resident of Dover Road, recalled last month they discussed this. He stated Mayor Humpage explained 1000 feet was the State of Florida Ordinance. He stated he read the Newspaper, and found other towns had 2,500 feet as the maximum. He asked why they set it at 1,000 feet. Mayor Humpage asked Chief McCollom to explain why. Chief William McCollom stated when they did the research on this particular item, it varied from 1500 feet in various communities. He assumed they used 2,500 feet as the maximum through out the nation. Chief McCollom stated the Village 1000 feet was sufficient. He pointed out the Village was well covered at 1000 feet, and put the Village in a better position in terms of constitutionality in the case of any challenges, because it parallels the State Constitution. Vice Mayor Paterno pointed out the only problem was someone could move into an unincorporated pocket next to a resident. He felt this was why annexations in this community were important. He stated if someone moved into an unincorporated area behind a resident, there was nothing that could be done about it. • Mayor Rampage closed the Public Hearing. MOTION: Council Member Watkins moved to approve Ordinance 610-06/07; Yice Mayor Paterno seconded the motion; motion passed 4-0. 10. ORDINANCE 611-06/07 -FIRST READING - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, providing for the voluntary annexation of property, providing for repeal of Ordinances in conflict; providing for Severability; providing for codification; providing an effective date. Attorney Hawkins read Ordinance 611-06/07. (Council Comments) Council Member Genco asked if the landscape nursery on County Line Road was for sale. She suggested annexation as well. Vice Mayor Paterno referred to a comment Mayor Humpage made in the Palm Beach Post, where he stated he would like to see annexations of County Pockets in the Village. He asked if Mayor Humpage was referring to commercial, or to all pockets, to which Mayor Rampage stated all. Mayor Humpage stated he met with the American Legion, and they went through • the pros and the cons. He stated they agreed to voluntarily annex and supported it. 14 Minutes -Village Council Regular Meeting 1/11/07 Page 15 • (Public comment) Mr. Bob Marcum, Post Member of the American Legion, stated they unanimously embraced the annexation. He mentioned they had spent a substantial amount of funds putting in a generator, which would be available in the event of a natural disaster and could serve as a shelter for water, ice, and food. Mayor Humpage closed the Public Hearing MOTION: Vice Mayor Paterno moved to approve Ordinance 611-06/07. Council Member Watkins seconded the motion; motion passed 4-0. 19. RESOLUTION 28--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving year-end budget amendments attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution . Attorney Hawkins read Resolution 28-06/07. MOTION: Council Member Watkins moved to approve Resolution 28-06/07; Council Member Genco seconded the motion. . Vice Mayor Paterno pointed out the Village had to appropriate money, because they exceeded the budget. Village Manager Couzzo stated they were not appropriating money; they were transferring money due to the end of the year. Motion passed 4-0. 20. RESOLUTION 29--OG/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, appropriating additional fund balance of: $151,781.00 from the General Fund #001; $633,420.00 from Capital Projects Fund #303; $148,483.00 from Water Utility Fund #401; and $32,024.00 from Stormwater Utility Fund #403 and increasing the budgets of accounts described in the attached "Schedule A" which becomes a part of this Resolution; to fund the completion of purchase orders that were approved, funded but not completed in Budget Year ending 9/30/2006 and expect to be completed in Budget Yeaz Ending 9/30/07. Attorney Hawkins read Resolution 29-06/07 MOTION: Council Member Watkins moved to approve Resolution 29-06/07; Council Member Genco seconded the motion. • Vice Mayor Paterno stated this was a roll over of $965, 000 and would reduce the reserves by $965,000; he asked if there were any items from last year's budget that have not been started. Village Manager Couzzo stated he did not believe that 15 Minutes -Village Council Regular Meeting 1/11/07 Page 16 • was the case. Vice Mayor Paterno specified if the items were not started, they should have been in this budget, and not rolled over automatically. Council Member Genco explained Council approved everything there, and a lot of it had to do with the Village Hall. Vice Mayor Paterno stated if they were not completed, they should not automatically roll over, and should have been placed in this year's budget. He asked why the items from last year's budget were not completed. Village Manager Couzzo stated some have not been started, such as the intersection at Tequesta Drive and Dixie Highway, but they were contractually obligated to do so. He verified from his understanding, Vice Mayor Paterno was asking if items in last year's budget were not started, if they could have cancelled the agreement or purchase orders ,put them in this year's budget, and then have it executed. He pointed out they would double the effort, and there would be a fmancial impact. He thought the mast arms and the fuel tank at the Public Works Site may be permitted and might have costs associated. Village Manager Couzzo explained part of it was rolling purchases from last year to this year. He stated this was called a Cinderella budget; and on September 30, 2006 all the money put into the checking account, transferred to the savings account. He pointed out they had to appropriate those funds, put the money back S into the checking account to make the expenditures for this year. He stated part of the problem was when a project was one year in, there was no guarantee it would be completed on time. He stated some projects last longer than some, such as the storage tank. He pointed out it did not come in on time. Vice Mayor Paterno stated last year's budget was made 11/2 years ago, so up to this point some things were not started. He stated he wanted to know why those projects were not started, and indicated he never saw a report on this. He did not understand why there were constant rollovers. Mayor Humpage stated they were delayed for 8-9 months. He listed Tequesta Gardens Club, and the Village Hall as projects that were delayed. Vice Mayor Paterno mentioned the street lights; and asked if it was over budget. Village Manager Couzzo stated they heard they misunderstood the intent of the contract, and installed additional boxes; but if they did more work than was authorized, it would not cost the Village; it would be their responsibility. He stated he did not look at the agreement yet, but he would. Vice Mayor Paterno asked Village Manager Couzzo if there were other additions to items that he cared to tell Council about. He explained Council was approving money in this year's budget for mistakes from last year. Village Manager Couzzo stated they were not mistakes, and unfortunately the contracts could not all be done by September 30, 2006. Vice Mayor Paterno stated he understood some of them. Village Manager Couzzo stated there were a lot of them. He pointed out most were contracts in progress; for example the Atlantic Truck. He stated they • were pushing to get it in nine months, but they would say it was a state contract 16 Minutes -Village Council Regular Meeting 1/11/07 Page 17 • price, and the Village would get it when it was completed. He stated the Village was at a disadvantage, because they could not force them. Vice Mayor Paterno stated in order for Council to make responsible decisions, they needed a plan. Village Manager Couzzo indicated he could provide a status of the projects, and a completion cycle. Vice Mayor Paterno stated this should be happening all the time. Council Member Genco stated if they approved a resolution for a contract of $50,000, and the contract had to be amended for $60,000, it would have to come back to Council for approval. She pointed out in that respect, they were aware of the over runs. She stated the only way they would not know was if another item was brought before Council separately, but was related to the item being approved for $50,000. She stated if Council approved $50,000 for the street lights, and then someone decided to add something else for the street lights, and it went before Council as a separate item, they would not know it was in addition to the original street light for $50,000. Village Manager Couzzo pointed out it was impossible to make changes to an existing purchase order and get it approved by Finance; it would have to go back to the Council by way of a resolution. Council Member Genco thought it was • confusing to spend money, and then expect to get reimbursed by somewhere else like the State or Palm Beach County. She pointed out they might or might not get that money back. Village Manager Couzzo stated they were contractually bound with those entities to be reimbursed if they performed. He felt the Village was successful in capturing the outstanding grants. He pointed out most plans were reimbursed. He stated the Village had to load all the money in the expense side, and then the reimbursement came back in the revenue side. Council Member Genco stated Finance Director Jo-Ann Forsythe prepared a 10- year projection of a combined Fund Balance; and currently the 633.420 was akeady accounted. She explained if they allocated the money for the Chief, there would be a $3,020,000 Fund Balance. She stated it was right on track with what they were showing. Vice Mayor Paterno stated he would like to know more about the projects. Village Manager Couzzo stated four to six weeks earlier, he told Council he would prepare a long term Capital Improvement Plan, and it was 85% complete. Motion passed 4-0. 11. Revised contract to Stericycle, Inc. for proper disposal of bio-hazardous waste generated on Emergency Medical calls. • Mr. James Weinand, Chief of the Fire Department, stated the contract was already in effect. He pointed out it was cost effective. Village Manager Couzzo stated there were individuals in the community with bio-hazardous material that they 17 Minutes -Village Council Regular Meeting 1/11/07 Page 18 • might not know how to properly dispose of. He stated they were looking into the ability of providing a drop off site for the bio-hazardous materials. Chief Weinand stated they checked with the Health Department, and the Village needed to get a $55 special license. He informed Council they were putting the program together, and did not know if Council wanted to charge to provide residents with the containers and instructions on how to properly seal the container before disposal. He informed Council the program should be in effect in about 30 days. Council Member Watkins asked if this needed Council's approval. Village Manager Couzzo stated it needed Council approval. MOTION: Vice Mayor Paterno moved to approve the program in which the Village would provide abio-hazardous waste disposal drop off for Village Residents to safely dispose of bio- hazardous waste; Council Member Watkins seconded the motion; motion approved 4-0. 12. RESOLUTION 14--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a bid proposal to Sheehan Turf Care, Inc., of Tequesta, Florida, in the amount of $21,348.00 for Tequesta Park from budgeted account #001-210 546.30b and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. Attorney Hawkins read Resolution 16-06/07. MOTION: Council member Watkins moved to discuss Resolution 14-06/07; Council Member Genco seconded the motion. Vice Mayor Paterno clarified the contract was for nine months and stated he was surprised to see a nine month period. Mr. Greg Corbitt, Director of Parks and Recreation, noted it was upon Council's approval and Vice Mayor Paterno asked what happened to the first three months. Mr. Corbitt stated it was paid to Sheehan Turf Care on an as needed basis. Motion passed 4-0. 13. RESOLUTION 15--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the Proposal from Car- Comm, Inc., of Palm Beach Gardens, Florida for the conversion of mobile radios for the Village of Tequesta Police Department in the amount of $6,824.00 payable from General Fund Account #001-172-546.304 Communications- Equipment/Maintenance having a balance of $9,396.80 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. Attorney Hawkins read Resolution 15-06/07. 18 Minutes -Village Council Regular Meeting 1/11/07 Page 19 • Mayor Humpage asked if this was coming out of the 1250 account and Chief McCollom agreed it would be reimbursed by the 1250 account; however, was part of the car bill that was discussed in his presentation. MOTION: Council Member Watkins moved to approve Resolution 15-06/07; Council Member Genco seconded the motion; motion passed 4-0. 14. RESOLUTION 16--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida., approving the following proposals for the purchase and implementation of Phase II of the Information Technology (IT) Network for the Village of Tequesta in the amount of $81,093.93; Argent Systems, Inc. $42,637.88; Hewlett Packard $38,456.05, and authorizing the Village Manager to execute the same on behalf of the Village. Attorney Hawkins read Resolution 16-06/07. MOTION: Council Member Watkins moved to approve Resolution 16-06/07; Council Member Genco seconded the motion. Vice Mayor Paterno felt this was a move in the right direction and credited the Chief for the hazd work and his accomplishments, and Council concurred. Motion passed 4-0. 15. RESOLUTION NO. 17-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Duval Ford, of Jacksonville, Florida, for two Ford Expeditions (4x2) per the Florida Sheriffs Association Bid Award 06-14-0821 in the amount of $50,916.00, having a FY 2006-2007 General Fund Police Department budget allocation of $57,000.00, and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Attorney Hawkins read Resolution 17-06/07. MOTION: Council Member Genco moved to approve Resolution 17-06/07; seconded by Council Member Watkins. Council Member Genco clarified it was her understanding that Council allocated $57,000 to the budget line for the two police cars or Ford Expeditions and the difference of $4,084 would roll back into the General Fund to be re-appropriated for the $81,000 that was needed. Village Manager Michael Couzzo stated it would roll back into the contingency. • Vice Mayor Paterno asked Finance to let Council know where the savings were coming from and felt it was important Council was aware of this information. 19 Minutes -Village Council Regulaz Meeting 1/11/07 Page 20 • Council Member Genco stated when the annual budget was created the budgeted item would show $57,916 for a savings right there. Vice Mayor Paterno asked to address the Chiefls recommendation for new car colors and asked if Council wanted to move forward with this new design. Council Member Genco stated she liked the new design, and Vice Mayor Paterno agreed and asked that the motion include that the car would come back as noted in the Chiefls previous presentation. Motion carried 4-0. 16. RESOLUTION 24--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, calling a General Municipal Election to be held Tuesday, March 13, 2007, and if necessary the Municipal Run-Off Election to be held Tuesday, March 27, 2007, for the purpose of electing Council seats 2 and 4; designating polling locations, election officials, and inspectors of election; establishing election procedures; providing an effective date. Attorney Hawkins read Resolution 24-06/07. Council Member Genco asked if the Resolution should address the Special Election and Mr. Hawkins agreed it should. • MOTION: Council Member Genco moved to approve Resolution 16-06/07; Council Member Watkins seconded the motion. Council Member Genco stated the same criteria that applied to Seats 2 and 4 would have to apply to Seats 1 and 5 because it called for a subsequent run-off. She stated the Special Election would take place at the same time as the General Municipal Election. Vice Mayor Paterno pointed out an amended Resolution was distributed with the deletion of precincts that were not pazt of Tequesta. Mr. Hawkins suggested that the Resolution be amended to list the followings Seats: 1, 2, 4 and 5. Council Member Genco amended her motion to include calling a General Municipal Election for Seats 2 and 4 and a Special Election for Seats 1 and 5 to be held on March 13, 2007 with aRun-off Election to be held on Tuesday, March 27, 2007 for the purpose of electing Council seats 1, 2, 4 and 5; Council Member Watkins amended her second. Ms. Dottie Campbell, resident of Tradewinds Circle, suggested the language be more explicit and designate that Seats 2 and 4 were for two-year terms and Seats • 1 and 5 were for none-year term with Seat 5 having special qualifications. Mr. Hawkins agreed this was a valid point. 20 Minutes -Village Council Regular Meeting 1/11/07 Page 21 • Council Member Genco amended her motion to include the more ezplicit suggestion by Ms. Campbell. Ms. Campbell stated the Resolution did not name the poll workers that were serving on the Election Board. Ms. McWilliams, Village Clerk, explained the poll workers had not all been hired and stated she would research the past history of the Resolutions regarding placing the names in the Resolution. Motion passed 4-0. 17. RESOLUTION 25--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, temporarily supplementing the requirement of Section 2-251 of the Village of Tequesta Code of Ordinances that inspectors for the General Municipal Election scheduled March 13, 2007, (and if necessary the Municipal Run-Off Election March 27, 2007), have to be qualified voters in the Village by allowing the inspectors of the election to be qualified voters in Palm Beach County for the March 2007 Municipal Elections; and providing an effective date. Attorney Hawkins read Resolution 25-06/07. • MOTION: Council Member Genco moved to approve Resolution 25-06/07; Council Member Watkins seconded. Mayor Humpage mentioned Ms. Campbell approached him and pointed out that that the title "Inspectors" was being used as a blanket title for all poll workers and that there were other workers at the precinct including Clerks, Assistant Clerks, Precinct Advisors and Deputies. She asked that these other positions be included. Mrs. McWilliams, Village Clerk, agreed and suggested it be changed to poll workers. Ms. Campbell suggested it be changed to the Election Board and explained this happens every time at every election. She explained how it was almost impossible to recruit good workers to work the elections because it was not an easy job. She stated workers have to arrive at the location at 6:00 a.m. and work until 8:00 p.m. in addition to taking training courses. Mayor Humpage clarified the Resolution was fine the way it was except to change the wording from Inspectors to Poll Workers /Election Board. Vice Mayor Paterno asked who counted the votes and Mrs. McWilliams stated the Supervisor of Elections. He asked if the votes were taken downtown and Mrs. McWilliams stated she would be accompanied by an Officer to take the votes to the Elections Officer. Ms. Campbell explained how the Poll Workers tally the number of voters who voted, however the actual counting was done at the • Elections Office. 21 Minutes -Village Council Regular Meeting 1/11/07 Page 22 • Council Member Genco amended her motion to include the language poll workers /Election Board; Council Member Watkins amended her second; motion passed 4-0. 18. RESOLUTION 27--06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving Rachlin Cohen & Holtz LLP, as the Village of Tequesta's auditors for Fiscal Yeaz ending September 30, 2006 for a fee not to exceed $55,305.00; and authorizing the Village Manager to execute the applicable proposal on behalf of the Village Attorney Hawkins read Resolution 27-06/07. MOTION: Council Member Genco moved to approve Resolution 27-06/07; Council Member Watkins seconded; motion passed 4-0. XI. ANY OTHER MATTERS Council Member Watkins reported she had received a call from Town of Jupiter Vice Mayor Jim Kuretski, who asked her to attend a Steering Committee Meeting of a parent group to deal with a boundary change issue for Jupiter High School. She mentioned she has a past history of dealing with Jupiter High School issues and would like to make Council aware of matters occurring at the school. She • discussed a boundary change that would be voted on by the School Boazd at the January 17, 2007 meeting; she noted it did not currently involve Tequesta students, but the issue was whether the students being tazgeted for rezoning should be moved at all. She felt Jupiter High School would correct itself as faz as numbers were concerned should they follow certain steps. She contacted a couple School Board Members and asked them to consider the information carefully before voting to move students. Secondly, as a future issue, she wanted Council to be made aware of the plan to move towazds regional high schools where the entire County would be divided into four and each section would offer special programs. She noted regional high schools did not protect neighborhood children and the program itself could only accommodate a certain number of students; and the School Boazd would allocate X number of seats for the local students and then bring in out of boundary students to fill the remaining seats. She stated she was a proponent of neighborhood schools. Council Member Genco asked that Council write a letter to the Steering Committee recommending the committee keep Jupiter Community High School as a community school in lieu of transitioning it to a regional school. She felt this would help the local high school students remain in the community without being bussed. Mayor Humpage suggested copying the School Board. • Council Member Watkins volunteered to prepare the wording and would come back for approval due to the sensitivity of the issue. Council Member Genco 22 Minutes -Village Council Regulaz Meeting 1/11/07 Page 23 • stated she sent Vice Mayor Kuretski a letter and suggested Council Member Watkins expand upon that language. Consensus of Council agreed to forward a letter to the Steering Committee with a copy to the School Board. Council Member Genco mentioned the Code Enforcement issue in Bermuda Terrace and hoped the azea would eventually consider annexation. She stated Commissioner Karen Mazcus offered a year ago to provide the Village with a part-time Code Enforcement Officer and she would like to strike while the iron was hot and before it was forgotten or there was a change on the Commission. Mayor Humpage stated he met with Commissioner Marcus and explained the County had a minor expansion in code enforcement and complainants no longer had to identify themselves. He stated they discussed having someone in the Bermuda Terrace neighborhood more often. He noted Mr. Terry Verner, Director of Code Enforcement for Palm Beach County, was present at the meeting and explained their problems were logistics, manpower, and costs. Mayor Humpage considered having the Village involved and received a cost estimate of approximately $120,000 - $125,000 to be subsidized part-time by the County to work this area. He pointed out Commissioner Mazcus said she brought this up to the other Commissioners who were not receptive because the 37 other municipalities would want to do the same thing. He further explained the County Codes were considerably different than those of the Village. He asked for a workshop with County Code Enforcement and that prior to the workshop the County send staff a copy of a summary of their Code, particulazly our areas of concern such as lawn maintenance, vehicles and boats. Mr. Verner agreed to provide the requested information and set up a workshop. Mayor Humpage mentioned Commissioner Mazcus agreed to visit the issue with the Commissioners again due to the costs to the County. She suggested it would be cheaper to sub-contract the Code Enforcement than it would be to staff it at the County level. Council Member Genco stated Council received a memo on January 9, 2007 regarding the Tequesta Bridge that outlined 3 alternatives; any alternative selected would depend on the length of time it would take to complete and the cost of the medical and fire rescue. She felt Council needed to consider what direction they wanted to take including costs and begin long term planning. She mentioned Council was looking at five to seven yeazs and outlined the three options were: repair the bridge and leave it alone; repair and elevate it approximately a foot; or leave it alone. She mentioned continuing to repair the bridge would have the least impact on residents, but felt Council needed to set direction on this issue for future Councils. Mayor Humpage agreed, and felt a decision should be made based on what the • current Council felt needed to be done knowing the longevity of the bridge was five to seven years. Council Member Genco mentioned this fit in the ten-yeaz plan. Mayor Humpage stated he has had suggestions to raise the bridge and felt 23 Minutes -Village Council Regulaz Meeting 1/11/07 Page 24 • the biggest problem in raising the bridge would be the inconvenience to the residents. He spoke with Commissioner Mazcus this morning about the Loxahatchee River Bridge because they had to change the sub-structure. He suggested leaving the bridge alone and replacing the other four spans at the same level, and believed this would provide the least impact to residents for traffic and monetary purposes. He stated Council direction or agreement was necessary. Council Member Genco reiterated the issue belonged in the ten-year plan and asked that it be placed on an agenda or workshop. Mayor Humpage stated he would like to hear from residents especially those West of the bridge. Council Member Watkins stated it would impact everyone on the West side of the bridge and currently agreed with the Mayor, but did not want to give up on the possibility of appealing to Palm Beach and Martin County's for additional funds. Council Member Genco pointed out when the new maintenance code was adopted, the wrong edition was cited and mentioned she had a builder that was unhappy they were being held to a Code that was not in the Village Code book and felt an amendment needed to be made. She stated the intent was to come forwazd with a corrected Resolution, but felt it needed to be done sooner rather than later. She noted the Chapter in question was Chapter 14-21 -Code Compliance -The International Property Maintenance 2000 Edition; it noted 2000 in the body and 2002 in the heading. She stressed that the builder was quite . upset and she did not want to see litigation and then fmd out the Code was not correct. Mayor Humpage stated staff could investigate the issue and asked that this be brought back in February. Council Member Genco mentioned there was an issue regazding Village Manager Couzzo's contract and the Code. She stated Vice Mayor Paterno commented on it earlier when he inquired as to what constituted a majority. Council Member Genco stated Section 302 outlined the Village Manager shall be appointed by an affirmative vote of at least four members of Council and must be removed by like vote of said Council; she pointed out four members was a supermajority. She stated the contract stated in the event the Village refuses, following written notice, to comply with any of the provisions, Village Manager Couzzo resigns following a suggestion, whether formal or informal, made by a majority of the Village Council, he would be entitled to all of his termination benefits. She noted this was based on a suggestion and if three Council members did not support him he could resign and collect all of his benefits. She stated the contract was in conflict with the Code. She said either the contract should be changed to a supermajority or the Code and Charter amendment should change; it would be easier to change the contract. Mayor Humpage clarified Council Member Genco was stating the Charter called for four members and the contract called for three members and she agreed. • 24 Minutes -Village Council Regular Meeting 1/11/07 Page 25 Council Member Genco stated she has received over 50 to 60 phone calls over the past three years with concerns that the Manager did not live in the Village. She understood the current Charter did not have a residency requirement and suggested Council consider amending the Charter for future purposes of having the Village Manager live in the Village. She stated a few residents have even suggested a Referendum by the citizens. Vice Mayor Paterno discussed Section 9 of Village Manager Couzzo's contract relating to indemnification. He stated Col. Resnik negotiated the contract and to his understanding the contract was created later and signed. He mentioned according to Council Member Genco there were items in the contract that she was unawaze of, such as the Indemnification Clause; he presented a copy of the original Indemnification Clause, via the overhead televisions. He stated the Indemnification Clause was important because Council reserved the right to pick Counsel to represent them in any incident that occurred with the Manager and currently without the Indemnification Clause potentially the Manager selects the attorney that would represent the Village in reference to the Manager. He felt it was important that the clause be added back in to the contract. Vice Mayor Paterno referred to the contract signed in March 2000 that automatically renewed yearly for afive-yeaz term, basically making it a ten-yeaz • contract. He stated the current contract was afive-year contract effective on November 14 and expired on November 13, 2007 and thereafter, this agreement would automatically renew for another five years with the same terms and conditions contained herein unless changed by agreement of the parties; so if one party did not agree it automatically renewed. He asked Mr. Hawkins if this was a legal contract and commented if not, Village Manager Couzzo was working without a contract. Mr. Scott Hawkins, Village of Tequesta Attorney, stated no one could conclude that there was not a contract. He stated the Village had been operating under a document for several years and whether it was presented to Council in 2002 he did not know; however he had a hard time believing the document was not provided at the time of approval. Vice Mayor Paterno asked if Mr. Hawkins found any more information regazding the Indemnification Clause. Mr. Hawkins stated his investigation has been on the issue of why the Indemnification Clause was not included, and he had not been able to determine why it was not included. Council Member Genco stated Mr. Guedes was the attorney who prepared the contract. Mr. Hawkins advised neither Mr. Guedes nor Mr. Kurtz recollected the Indemnification Clause. Council Member Genco stated she had a letter from him because she requested in writing a copy of the contract, which she received on January 23 or 24 and the contract was approved on January 9. • Council Member Watkins clarified that Council approved a contract that was not provided to them in the backup material and Council Member Genco stated she 25 Minutes -Village Council Regular Meeting 1/11/07 Page 26 • was the only Council Member that did not vote for the contract. She stated Col. Resnik supposedly read into the record what the changes were and the majority of the changes were supposed to be read into the record in November when the original addendum was done, and then in January Council received a letter that covered the ICMA contribution increase from 6% to 12% which was the only supporting document that was received in the Council package on January 9~'. She stated Council wanted to approve the contract and she made the comment that it was highly irregular to approve something without having the document. Council Member Watkins clarified there was a Council vote that evening and voting against the contract if she did not feel comfortable. She stated Council then received a contract, which she did sign since Council approved it and the contract had other changes that Council never had the benefit of seeing. She believed she asked Mr. Guedes if she had to sign it and was advised yes. Mr. Hawkins stated there was a document that was signed by two parties to the document and now he was hearing comments to suggest that someone might have been misled. He mentioned he had a hard time appreciating that a document, which had been in place for four years, had not been presented to Council when it was signed. • Council Member Watkins stated that knowing the backup material provided for agenda items, which was voluminous, she found it hard to understand. Vice Mayor Paterno stated it took him a year to obtain the contract and he had found it hard to understand how it happened when there was no documentation. Council Member Genco informed Vice Mayor Paterno that he received the wrong contract when he first requested it and she sent the correct contract to the Council Members. Vice Mayor Paterno noted the contract he displayed was the contract last provided. He asked Mr. Hawkins if the contract was binding, considering the contract was not present when Council approved certain changes, and then the contract came back with additional changes, and then Council Member Genco was told she had to sign the contract. Council Member Watkins felt it was unfair to discuss the contract and she believed it was a document that was signed in good faith that Council had been operating under for four years. She voiced concern with discussing this matter from a legal standpoint and felt the manner of discussion seemed accusatory of wrongdoing, and that she would not go down that path. She had no reason to believe anyone had any intention of doing anything malicious and felt the Manager devoted 110% of his time to the Village and did not believe this was an . issue that should be discussed to this extent. 26 Minutes -Village Council Regular Meeting 1111/07 Page 27 • Council Member Genco agreed due to legalities and by default Council had recognized the validity of the contract. She stated she was concerned the contract pointed out a majority versus the supermajority as outlined in the Code, and she felt the contract should be brought in compliance with the Code. She asked that the Village Manager agree to bring back the Indemnification Clause; she understood Florida Statute would uphold what the Indemnification Clause required regardless if was in the contract. She stated the real issue was the termination being three Council Members versus four as called for in the Charter; the contract must be consistent with the Code. Mayor Humpage stated he agreed with Council Member Genco on one issue and that was regarding the Charter and contract being out of alignment. He mentioned there was a contract approved by four Council Members, and felt for Council to tamper with the contract at this time in an open forum would be dangerous; it was a contract and should be honored. He suggested this be continued behind closed doors and agreed it was accusatory. Vice Mayor Paterno disagreed that it was accusatory and simply wanted to know if it was a legal contract. Vice Mayor Paterno asked for an update on the FRS issue. Mr. Michael Couzzo, Village Manager, explained Staff was working with the State towards a • resolution; hopefully within the next two weeks. Council Member Genco stated there had been nothing official from the State in writing and suggested receiving it in writing. She felt undoing what happened would be up to the State and if they did not rule in our favor there could be a cost to the Village of close to $47,000 at a minimum. Vice Mayor Paterno stated he spoke with Attorney Bonni Jensen, who mentioned there was a partial solution to the money issue. She said there was no exception to transfer it to the FRS. Village Manager Couzzo stated it was his understanding it would come back to the Village and the Village would then make the contribution to the FRS. Vice Mayor Paterno suggested as a solution that the Village not make the contributions to the pension plans but instead pay the FRS. Council Member Genco stated there were three employees affected; one issue was resolved because he took his distribution and would not be reinstated. There would be two employees looking for reinstatement into the DROP plan and the funds that should have gone into the DROP plan were in the General Employees Retirement Pension; hopefully the State would allow the Village to transfer the funds to the FRS. She commented that the State might not allow the transfer because the Department of Labor only goes back 120 days on corrections and reiterated the need to get something in writing from the State as soon as possible. . Village Manager Couzzo stated Staff had been working with the State FRS System; he clarified one individual remained in the FRS DROP and mentioned it was a complicated matter because it involved coordination between two separate 27 Minutes -Village Council Regular Meeting 1/11/07 Page 28 • pension entities and the individuals. Council Member Genco suggested Ms. Jensen write a letter to the FRS on the Pensions behalf as soon as possible. Village Manager Couzzo did not believe this would be a problem because there was a technical issue where an individual could not be in two pension plans at the same time and the Village would request that the contribution made by mistake be reimbursed back to the Village and then the Village would make the back payment to the FRS. Council Member Genco felt it was the desire of Council for Ms. Jensen to write a letter and that the Village receive something in writing from the State. Vice Mayor Paterno stated Ms. Jensen said the IRS was the problem. IIe read into the record an email from Ms. Jensen to Mr. Dan Gallagher on July 16, 2004 that sated, "...may be employed by an employer that does not participate in a State administered retirement system may receive compensation from that employment without restricting in any way the retirement benefits payable to that person." He further pointed out that Ms. Jensen suggested a written opinion be received. Council Member Genco stated the Villages Fension Plan stated that an employee had to be out of an FRS Plan for five years before they could be employed. Village Manager Couzzo stated all the issues were being addressed. Vice Mayor Paterno mentioned Mr. Garlo was paid out, and asked if the other individuals would have to be paid out. Village Manager Couzzo suggested this was not the appropriate forum to discuss employee retirement issues. Council Member Genco suggested based on the email another attorney should be involved. XII. .ADJOURNMENT MOTION: Council Member Genco moved to adjourn the meeting; Council Member Watkins seconded; motion passed 4-0 and the meeting was adjourned. Respectfully submitted, ~1 CYL~- ~ C Ltd C.tL 9_-t ~~,_„ Lori McWilliams, CMC Village Clerk • 28