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HomeMy WebLinkAboutMinutes_Regular_10/11/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING WEDNESDAY, OCTOBER 11, 2006 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:02 p.m. A roll call was taken by Recording Secretary Betty Laur. Present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Michael R. Couzzo, Jr., Recording Secretary Betty Laur, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Watkins gave the invocation and led in the pledge of allegiance to the flag. III. APPROVAL OF AGENDA MOTION: Council Member Watkins moved to approve the agenda; seconded by Vice Mayor Paterno. Council Member Genco requested that item 5 remain on the Consent Agenda for • discussion, and to either pull item 2 or read a correction to that item. Attorney Hawkins advised item 5 could be pulled from the Consent Agenda for discussion, but no action could be taken. Council Member Genco read into the record the following correction to item 2, regular Village Council meeting minutes of 9/14/06: on page 12, second paragraph, last sentence-add review but with after the word without and before Council so that the changed wording would be without review but with Council's approval. Council Member Genco indicated the Council had received notice that items 5 and 7 were being pulled by staff. Village Manager Couzzo announced that item 7 had been removed since no action was required by the Village Council. Motion was to approve the Agenda with item S left on for discussion only and with item 7 pulled by staff. Motion passed 4-0. IV. PROCLAMATIONS AND PRESENTATIONS 1. Proclamation declaring the week of October 15-21, 2006 as "Florida City Government Week" in the Village of Tequesta. Mayor Humpage read aloud the Proclamation for the record. V. STANDING REPORTS • Minutes -Village Council Regular Meeting 10/11/06 Page 2 Village Attorney Scott Hawkins reported he had sent comments via email to the Village Clerk last week regarding work his firm had performed during September which included work on the Welch Tennis resolution, matters associated with Village Hall construction issues, golf cart ordinance issues, and a number of community development issues, and stated he would be happy to answer questions. There were no questions asked. Village Manager Couzzo reported he had been on vacation last week and there were a number of items that he would be addressing in the next two days. The Village Manager thanked Assistant Manager Garlo for filling in while he was gone. VI. CONSENT AGENDA MOTION: Council Member Watkins made a motion to approve the Consent Agenda with item S being held for discussion. Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. Therefore the following items were approved on the Consent Agenda: 2. Village Council Regular Meeting Minutes September 14, 2006. 3. Village Council Tentative 2006/2007 Millage and Tentative 2006/2007 Budgets Meeting Minutes September 14, 2006. 4. Village Council Budget Workshop Meeting Minutes September 8, 2006. 6. Approval to close Dover Road from Seabrook Road to Short Avenue from 11:00 a.m. to 6:00 p.m. on November 11, 2006 for the Annual Harvest Festival held at the Constitution Park. DISCUSSION: RESOLUTION 04-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a 10-Month contract for Leadership Coaching and Development Services to Paula Knight in the amount of $15,000.00 for FY 2006/2007, and Authorizing the Village Manager to execute the Contract on behalf of the Village. Mayor Humpage read Resolution 04-06/07 by title. Vice Mayor Paterno questioned why this was pulled since Paula Knight was currently working in this position and by law any contracts of $15,000 or more needed to be brought to the Village Council. He was curious why she would be working if the Village Council had not approved her contract. Council Member Genco stated she did not believe Ms. Knight had a contract with the Village, since the Village Council had never approved one. Village Manager Couzzo responded there had not been a contract because it did not exceed $15,000. Council Member Genco commented it was $1,100-$1,200 per month. Village Manager Couzzo responded that now it would exceed $15,000. Council Member Genco concluded that by doing it on a monthly basis the Village Manager • 2 Minutes -Village Council Regular Meeting 10/11/06 Page 3 had never had to have it approved. Vice Mayor Paterno stated it was $1,400 per month. Village Manager Couzzo stated he did not believe it had ever exceeded • $15,000 per year. Council Member Watkins commented it had been for ten months. Vice Mayor Paterno commented that was going forward, but going back it had been a whole year. The Village Manager advised it had not been for a whole year. Council Member Genco stated that Ms. Knight had been the Village's consultant since the time of the employee problems 2-1/2 years ago. Village Manager Couzzo asked Finance Director Forsythe if the amount had exceeded $15,000 per year. Ms. Forsythe responded there had been no contract. Village Manager Couzzo advised that this year it had been determined that the amount would exceed $15,000, so a contract had been developed. Council Member Genco stated she did not think it had been kosher to pay her a monthly stipend, and historically she had come to the Village on referral by Attorney Hawkins' firm. Attorney Hawkins acknowledged that was correct. Council Member Genco advised that Ms. Knight had been meant to be a coach for Village Manager Couzzo for personnel problems and to be an ombudsman, and once she departed, the Village would no longer have an ombudsman. Council Member Genco expressed her opinion it was critical that the Village have an ombudsman, which she had already discussed with the Village Manager, and she would like it to be an attorney from the outside who did not answer to the Village Manager but answered either to the Mayor or to the Village Council, because when there were personnel problems what was happening was the personnel involved were reporting to the Village Manager, and it ended up being another issue like the one that had just happened. Council Member Genco advised this had been an issue that she felt very strongly about supporting the employees on, and she had really stretched her • neck out to do it, and she did not think the Village Council was doing right by them. Village Manager Couzzo responded that was the direction that would be taken, and Attorney Hawkins had researched a couple of attorneys and his recommendation would be brought to the Village Council. Council Member Genco responded she had a list of professional mediators in Palm Beach County and asked to submit that list to have someone from it chosen. Mayor Humpage commented he wondered whether someone was needed now that there was a Human Resources Director. Council Member Genco commented she would picture that this person would handle it on an as needed basis only, by the hour, and Human Resources could probably handle everything else, but if there was a harassment situation--particularly if it had anything to do with the Manager, then a mediator would be better able to handle it. Council Member Genco stated she loved Ms. Knight, and thought she was wonderful at coaching, but having someone like her answering to the Manager ended up that the names of people complaining were revealed to him and it became a very uncomfortable situation for those people. Council Member Watkins expressed her opinion that Paula Knight provided a valuable service to the Village and its employees, and one of the greatest things she had going for her was that anyone would be comfortable speaking to her. Council Member Watkins stated she was offended by the idea that Council Member Genco • 3 Minutes -Village Council Regular Meeting 10/11/06 Page 4 thought whatever was told to her in confidence would go to the Village Manager. Council Member Genco stated she knew it had. Council Member Watkins stated she • thought that was unfair, but also did not agree with just picking someone that a Council Member recommended, and thought it should be a staff recommendation. She was good with Council Member Genco submitting names to be considered along with others, but did not think any one Council Member should dictate that one of their people must be used. Council Member Genco indicated the list was of mediators in Palm Beach County and she did not make that list. Council Member Watkins expressed her opinion the attorneys recommended by Attorney Hawkins should also be considered. Council Member Genco stated she did not want it to be a referral from anybody, she would rather pick a name that was not a referral. Mayor Humpage commented the Village now had a Human Resources Director, which they dial not have until recently, and he was hearing in the background this should be on a case-by-case basis, and he agreed with that. The Mayor stated nothing definitive needed to be done-this was just discussion, and someone like Paula Knight might be the right person or a paralegal might be appropriate, but that kind of decision should not be made by the Village Council because he did not want to micromanage Administration, and the Human Resources Director should be knowledgeable enough to decide when she had exhausted her venues as far as resolving the issue. Council Member Genco stated that was not what an ombudsman wasr-and the Human Resources Director might say an ombudsman was needed for an issue. Mayor Humpage responded, right, but let her make that decision. Council Member Genco that she could make the decision when one was needed, but what she was asking was that the list of names the ombudsman was selected from not come in as referral from any of the Council or attorney but from a list that none of them generated. Mayor Humpage stated he had no problem with that. Council Member Genco stated she did not want the taint of their selection to be in this process, and that way the ombudsman would be totally on the outside and neutral. Attorney Hawkins advised in his opinion the Mayor had some good points about the Human Resources Director, and when he had suggested Paula Knight three years ago it had been from working with her where there had been some personnel issues in other situations, and it had been acknowledged she was quite capable. Attorney Hawkins commented the role of an ombudsman was one she had been endeavoring to fulfill. Attorney Hawkins suggested that the Mayor, with consultation with the HR Director, could develop a list and make a selection, since he believed this to be within the auspices of staff, which was how the charter was set up. Vice Mayor Paterno stated he was a little tired of the way things now worked, and thought the Council was getting misinformation, and he differed with Attorney Hawkins and some members of the Village Council, since he believed some changes needed to be made. Vice Mayor Paterno stated that Human Resources Director Reid had done an excellent job since she had been with the Village, but she still answered • 4 Minutes -Village Council Regular Meeting 10/11 /06 Page 5 to the Village Manager. The Manager therefore had an influence on her decisions, and what ended up happening to have them pick somebody to solve a problem involving the Manager just did not seem like the right way to go about it. Attorney Hawkins stated that was why he had suggested the Mayor. Vice Mayor Paterno responded he was also suggesting staff. Attorney Hawkins stated that would give the Mayor the right to decide whether to have the Village Manager investigated, which the way the Village had acted over the past four years. Mayor Humpage advised he recently had some conversations with Human Resources Director Reid regarding a private issue which never went farther than them, and never went to the Village Manager, and in his absence when he left town the Mayor had asked Vice Mayor Paterno to intercede, and at no time did he discuss the matter with anybody but Ms. Reid. Council Member Genco stated that unfortunately it had already been revealed to the Manager, which was the reason the entire situation got out of hand. Mayor Humpage responded, but that was the Manager's job-if there was an issue with. an employee there was one guy in charge. Council Member Genco responded that wasn't the process that she and he and the rest of the Village Council set up, and unfortunately it wasn't followed, and unfortunately there was a situation that went a lot further than it should have. Mayor Humpage expressed his opinion the avenue taken was appropriate and it was by policy and absolutely on track. Council Member Genco responded if he had never worked for a corporation and had to deal with harassment issues, he did not know what it felt like, and she did, and she had dealt with those issues, and bottom line was the policy to immediately take this out to an ombudsman to let the ombudsman deal with it was not followed, and this had nothing to do with the Human Resources Director. Mayor Humpage stated it was the employee who violated the policy. Council Member Genco responded no, that the Village Council had put the policy in place and the policy was not followed, and she had copies of the resolutions that the Village Council adopted and the policy was not followed, and it was not the first time. Mayor Humpage stated she was incorrect. Council Member Genco responded if she had to go pull her file and place it publicly in a public meeting she would do so, and she was correct. Mayor Humpage stated he disagreed with her. Vice Mayor Paterno stated he did not know what Council Member Genco was speaking of, but looking back at his involvement he had felt at the time it had been handled in the best way. At this point, he saw it could have been handled a little differently. Mayor Humpage stated the bottom line was, and to take Attorney Hawkins' comments into consideration, to take another look at the policy the Village Council had put into place and see what had happened the last time, and review that, and a workshop could be held on it. Mayor Humpage stated everybody here could use a little improvement, and in the instance they had spoken about, which was a private issue, he thought policy had been followed but if it could be better he would like that. The Mayor asked if everyone would be okay with having HR look into the list of neutral people who performed that function. Council Member Genco stated she would like a Council decision on that, and Ed Gueddes was the one who had drafted • 5 Minutes -Village Council Regular Meeting l0/11/06 Page 6 the original policy that was currently in place. Council Member Genco asked that when Ms. Reid was ready to decide what was to be done, she would like it to be a • Council decision the same way the policy had been. Consensus of Council was that it would be a Council decision. END OF CONSENT AGENDA VII. COMMUNICATIONS FROM CITIZENS Russell Von Frank, 489 Dover Road, advised he was an alternate member of Planning and Zoning and would like that changed to selective. Mr. Von Frank stated the purpose ofthe code was to promote health, safety, morals, general welfare, protect the taxpayers, conserving values ofproperty. Mr. Von Frank recalled he had previously shown the Village Council pictures of a vehicle in a driveway covered with a tarp, distributed a photograph ofthat vehicle, and reported shortly after he had spoken with Council the vehicle had been moved to the other side of the driveway. Mr. Von Frank reported he had looked at the code under vehicles, and it said unsightly, unsanitary, nuisance, inoperative, but said nothing about being registered. Mr. Von Frank distributed a more recent picture, which showed the vehicle on the opposite side ofthe drive and with more of a tarp over the vehicle. Mr. Von Frank asked what the problem was in enforcing the Village codes, and noted there was a garage behind this vehicle. MayorHumpage commented he would have an answer for Mr. Von Frank in November. VIII. COMMUNICATIONS FROM COUNCIL Vice Mayor Paterno expressed his opinion that Any Other Matters should be moved to the front of the agenda because there was no one present by the end of the meeting, and the staffand residents needed to hear some information or ideas; therefore, he was going to speak now instead of at the end under Any Other Matters about misinformation or no information being received. The Vice Mayor expressed his opinion that getting information to the Village Council on Friday afternoon for the Council agenda should be changed, because there was not always time to read the thick packet and make requests and get information back in time. Vice Mayor Paterno noted he had brought this up previously but it had not gone anywhere, and he thought the Village Council should get the information earlier. He stated he had received a 41-page contract plus everything else to review, research, and decide on, and there was not enough time, and when he asked for information he did not get it. The V ice Mayor expressed his opinion the process for getting information to the Village Council for the Council meetings needed to be changed. Vice Mayor Paterno commented on misinformation or saying it in such a way that it did not convey what he and everyone else that was there interpreted. He recalled that last month there had been an issue with a PRC and net versus gross. That had been an item to be discussed, and the contract had not been in the packet. Vice Mayor Paterno advised he had asked for that contract on more than one occasion before this meeting and never received it. At the meeting, Attorney Hawkins had indicated he believed the contract said U Minutes -Village Council Regular Meeting 10/11/06 Page 7 net. Vice Mayor Paterno advised this had really put him over the top-not getting the information he needed to make his decisions, and he thought everyone here was a little surprised by that. That was just one example. Another one was trying to appease the residents by telling them the Village's insurance went up-properly insurance went up five times what it had been, and that was true but what wasn't told was it was only going to go up 20% for the whole package-all the insurance for the whole Village-because realistically the number last year was around $365,000 and was going to be $420,000 thi s year, a difference of $65,000. That had been put out, and when he got the number of $420,000 to be approved tonight, he was thinking, five times asmuch-it must have been $80,000 last year. Then he got the numbers and realized it was a play on words, and he was tired of listening to the play and it needed to be corrected immediately by a policy or whatever needed to be done to correct it. He felt it was unfair to the residents to tell them it increased five times as much when realistically it was going to be 20%. He had read in today's paper that the quote was 20% less than last year's insurance, which was true but at the same time last year insurance was $365,000 including everything. Vice Mayor Paterno asked HR Director Reid the quote from the old insurer, who verified it was $481,000 and the proposal was to go with a quote of $402,000--which was 19%. The information put out was the insurance cost was being reduced by 19%, but it was really going up by 20% over last year, and with it in the newspaperpeople thought costs were being reduced when it was really going up. Ms. Reid had been able to find another insurer that would give the Village a better rate. This was an example of how things were said so thatpeople, and even he, misunderstood because they were not given all the information. These were just some examples. Another was the 25% reduction in operating expense, and he understood what the problem had been there, but he was getting a little over the top with this and thought this should be addressed in the policy or • something should be done about it. It was getting to be too much. Vice Mayor Paterno noted he had sent an email a couple ofmonths ago requesting information regarding the Fire Department, and as of today he had not received al l of that information. He had tried to work with them but it wasn't going to happen. The only way he had gotten any response was he had said to give him the phone number and he would call and get the information from the county. Then he only received half the material. The Vice Mayor advised that now he understood a lot more of what Council Member Genco said, and he was getting tired of it, and later he would bring up more information that was very important. Council Member Watkins commented she did not see the Village Council in an adversarial role with staff, she thought this was a joint effort, and she appreciated staff and the work they did; and stated she would stake her reputation that nobody on the staff would provide Council with wrong information, and certainly not put it out to the public in that form. Council Member Watkins expressed her opinion you could have statements that said one thing and could be interpreted another way, but she was going to stand on the fact that she did not believe they were purposely trying to mislead anybody, and she was tired of that. At the last meeting there had been the example of an accusation that they had purposely falsely made a statement in the front of the draft budget, but those figures came from Finance Director Forsythe and she would stake her reputation that if U 7 Minutes -Village Council Regular Meeting 10/11/06 Page 8 Ms. Forsythe provided those figures, they were right. Council Member Watkins stated she was tired of inflammatory statements being made here that were thrown out to the public on a Council night, then Council found out the information was not accurate, but there was no opportunity to come back to tell the public that was wrong, which was not fair either, and ifthere was a better way to do this for everyone's sake including staff, she was all for straightening this out. Council Member Watkins advised she did not want to be in an adversarial role with any of the Council or staff; she thought this was a group effort, and the Village was a Council Manager form ofgovernment and they seemed to spend an inordinate amount of time accusing the Manager, implying wrongdoing, attacking somebody for the current whim of the night, and she was really tired of that. Council Member Genco responded as a follow-up to Council Member Watkins comments that to see a Manager's report that operating costs were down 25% when the public was going to read that document, without having a financial background, without being able to go to the budget and understand what line items he was specifically omitting to come up with that 25% savings, the average public citizen would think the Village had a 25% savings. However, ifyou understood what was being omitted and you looked at the bottom line, you would see that the Village in fact did not have a 25% savings-the budget from one year to the next actually increased. The citizens who read that would think the Village was saving 25% more, meaning 25% more that the Village got to keep in their pocket over last year, when the reality was the Village was spending 10-12% more than last year for a net to net budget. That was misleading, and if people on the Council did not understand that, then everyone had theirperception. Her perception was to look at what the common man would look at when he picked up paperwork, and that was what she wanted him to understand. If someone else's opinion differed, that was fine, but she was going to continue to point those things out. Council Member Genco advised that four meetings ago the Council discussed code enforcement and Palm Beach County delegating in a mutual aid type of situation where they would pay the Village to do code enforcement for Bermuda Terrace. She was very eager forthis to happen, County Commissioner Karen Marcus was supporting it, and asked the status of this. Mayor Humpage responded he did not know what was going on with the code enforcement, but the Village just recently got a mutual aid agreement with the Sheriff s Department for Coral Cove Park-the county did not want Tequesta to annex the park basically because they did not want to lose control in that area. The Mayor reported they were cutting down all the trees. Mayor Humpage asked the Village Managerto follow up with Commissioner Marcus, and reported this was a political hot potato. The only thing that could be done would be to implement the county code, and he felt Commissioner Marcus and her staffwere trying to gain time to notify people this was being considered. It was a manpower issue-the county just could not getup here, and people would be responsible for issues on their property, which was a political hot potato. Council Member Genco stated she would like to proceed with this and to let her know if there was anything she could do. She was asking about this because she felt Tequesta had possibly dropped the ball. Mayor Humpage reported he did not agree since Commissioner Marcus' assistant just said it was going through the gristmill. Council Member Genco requested that the Commissioner's office be told Tequesta's intent was • 8 Minutes -Village Council Regular Meeting 10/11/06 Page 9 there and they were still interested, and to keep finding out the status, because she felt this would impact Tequesta's property values as well. • Mayor Humpage commented regarding Mr. Couzzo and the staff that he felt everyone tried to do a good job, and he understood what both Vice Mayor Paterno and Council Member Genco was saying, and he felt everyone should directly communicate with Mr. Couzzo. He felt the 25% was stated in a fashion that had to do a lot with capital projects, and what could have been simply stated was: 25% due to the fact of capital projects. Whatever the issues were with Mr. Couzzo, they needed to remain with him, not with staff, the buck stopped with him. Mayor Humpage commented Council packets were received on Friday for a Thursday meeting, and they were sometimes hard to digest, but he thought the Council could make a greater effort and if a Council Member had an issue with something, rather than come into a public meeting and get into aname-calling or forger-pointing contest, they could get to the issue by getting hold of Mr. Couzzo and saying, look, I don't like the way this is presented, or I don't understand this and I need an explanation-and not air dirty laundry in public meetings. Council Member Genco responded it was frustration-she had done that for seven years and she was frustrated. Mayor Humpage commented he had an issue now going on and he would not let go, and if he had to push it every day he would do so, because when his constituents asked him questions he wanted to be knowledgeable. Mayor Humpage expressed his opinion that the Village Council had an obligation if they had an issue with something to try to get to the bottom of it before walking into a meeting, and they needed to have a nice decorum at the meetings. Council Member Genco stated she agreed with that 100%, but asked what happened if they each went in and each got a different story, and then all made their decisions based on a different piece of the puzzle. A lot of times none of them had the • whole picture, and a lot of them came in with impressions of something that she thought sometimes were not correct or that they should voice in public so that they could ford out the accuracy and the truth behind items. Regarding the financials, Council Member Genco reported the Council did not even get those until they sat down at the meeting, and there was a limited amount oftime and 60 hours a month fora $250 per month position was a lot, and she had spent hours in the office and had given up, because what she got in the office was totally different than she got here. Mayor Humpage commented as far as financials, anytime he questioned Ms. Forsythe he got a straight answer. Council Member Genco stated she did also, but two years ago they were prohibited from talking from staffpeople. Mayor Humpage clarified they were not prohibited from talking, but were asked not to try to micromanage and use stafftime, and were asked simply to say to the Village Manager that they had an issue with whatever it was. Council Member Genco stated she never did that but was accused of it, she had only asked what a general ledger item was and if it was more or less, or how many calls did you do on something last month, and did you have a report but she was accused of a lot more than that. She would bury the hatchet on that, but she knew staff was told how to represent things to the Council, which was what they did-they did what they were told-and anytime she saw something that was coming to Council from the Manager she was going to hold him responsible. Mayor Humpage responded he did not think Jody Forsythe did what she was told-he thought she did a fine job and was honest, and Council Member Genco was implying collusion, which was not the case. Council Member Genco responded ifyou n 9 Minutes -Village Council Regular Meeting 10/11/06 Page 10 were an accountant and you were told to add up certain columns and those were the correct columns but would produce another way of looking at something, you could do that, and if that was the way you were told to do it that did not mean it was wrong. Mayor Humpage stated he never thought for one minute the Village saved 25% on the budget and he was not a math whiz. Council Member Genco responded he knew that, but he had spent hours on it, and asked what the common taxpayer would think when they read that. Vice Mayor Paterno clarified his beef that he talked about was not with staff, it was with the Manager, and he would just like to have the facts. When he asked Ms. Forsythe, she gave him the numbers, but during the last month when he made a request staff was told what to give him. He didn't get everything, and had to make another request, and he had explicitly asked for it. Information requested was given in such a way that it was sort of what he requested but not exactly what he was asking for, and this was not requested of Ms. Forsythe, it was requested ftom the Manager. Mayor Humpage commented everyone who worked for the Village had a job and were responsible to one person, Mr. Couzzo, and asked if anyone had a problem with him to go to him and say this is the problem I have with you. If they did not get satisfaction then come to the Mayor and he would get to the bottom of it. Everyone needed to work together, quit finger pointing, and let Mr. Couzzo know to his face any problems, and if they did not get satisfaction to report it to the Mayor. IX. NEW BUSINESS 8. RESOLUTION 107-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the FY 2006/2007 Waste Management Residential Curbside Collection Contract in the amount of $7.99 per unit per month, an increase of 4 percent over the previous unit price of $7.69 per month with funding having been allocated in the FY 2006/2007 Budget. [Tab 8] Village Attorney Hawkins read into the record Resolution 107-05/06 MOTION: Council Member Watkins made a motion to approve Resolution 107-05/06. Council Member Genco seconded the motion. Public Works Director Bob Garlo announced this was the final year of the contract with Nichols Sanitation and the Manager had already started to negotiate a contract for next year. Motion passed 4-0. 9a. RESOLUTION 01-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a bid proposal with the Information Access Systems, Inc. (IAS), of Orlando, Florida, for the Purchase and Installation of Computer Software (Verity) for the Village's Electronic Document 10 Minutes -Village Council Regular Meeting 10/11/06 Page 11 Management (Imaging) System, in the amount of $10,700.00 funded in General Fund #001 2006/2007, account #001 120 664.600, Machinery and Equipment; and transferring $2,070.00 from account # 0 01-120-664.600, Machinery and Equipment to account #001-120-546.301 Office Equipment/Repair and Maintenance to cover the Annual Maintenance cost of the equipment; and authorizing the Village Manager to execute the Applicable Contract on behalf of the Village. Village Attorney Hawkins read into the record Resolution 01-06/07. MOTION.• Council Member Watkins made a motion to approve Resolution 01-06/07. Council Member Genco seconded the motion. Motion passed 4-0. 9b. RESOLUTION 02-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a bid proposal with HP Online Sales, (Local Government Sales- FL Information Technology Contract) for the Purchase of a HP Proliant ML 350 Server; and the Purchase of Microsoft SQL Server Software 2005, Standard Edition in the amount not to exceed $8,100.00 for the Village's Electronic Document Management (Imaging) System, Funded in General Fund #001 2006/2007 Budget in account #001 120 664.600 Capital Outlay, Machinery, and Equipment; and authorizing the Village Manager to Execute the Applicable Contract on behalf ofthe Village. Village Attorney Hawkins read into the record Resolution 02-06/07. • MOTION: Council Member Watkins made a motion to approve Resolution 02-06/07. Vice Mayor Paterno seconded the motion. Motion passed 4-0. 10a. RESOLUTION 03-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a bid proposal to Florida Design Contractors, Inc., of Lake Park, Florida, in the amount of $2,622,000.00, for the Expansion of the Water Treatment Plant, Funded in the FY 2006/2007 Water Utility Fund #401 Budget in Capital Expansion Projects account #401-414 662.700 allocation of $2,650,000.00 and authorizing the Village Manager to Execute the Applicable Contract on behalf of the Village. Village Attorney Hawkins read into the record Resolution 03-06/07 MOTION.• Council Member Watkins made a motion to approve Resolution 03-06/07. Vice Mayor Paterno seconded the motion. Public Services Manager Russell White reported there were two close bids with Florida Design being about $50,000 lower, and they would be a good contractor. Mayor Humpage indicated he was surprised Mr. White had been able to get the contract at this number. The Mayor reported Jupiter Hills, even though they purchased water from the Village, was looking into building a RO facility and • 11 Minutes -Village Council Regular Meeting 10/11/06 Page 12 were devastated with the potential cost. Because ENCON had more places to share water, they were running out of water, and the biggest problem for Jupiter • Hills was getting rid of the salt brine. The Mayor indicated he was pleased with the price of this contract. Vice Mayor Paterno reported receipt of an e-mail in which Council Member Genco requested information and he had not seen a reply from the Manager with answers to the questions from Mr. Ori regarding proposed plant capacity, etc.--the facts that she had requested. Council Member Genco reported a lot of that information had been in the packets received last Friday, and she had also asked for information on this contract, and Ms. Forsythe had done an analysis that basically showed the Village was coming out 40 or 60 cents ahead by doing this. Council Member Genco commented she did have questions she had asked Mr. Couzzo about that had nothing to do with the negotiation, which was good-she had asked for a Dun & Bradstreet report and a litigation check. Village Manager Couzzo provided those documents, which he had brought with him to the meeting. Attorney Hawkins noted only two cases from the early 90's had been found. Mayor Humpage advised he had looked at the contractor's track record from other projects and their rating, which was fine. Their performance ratings were the best on the higher value, more intense projects. Mr. White confirmed the contract would be based on this resolution and that the contract was a lump sum contract. Mr. White also confirmed release of liens would be obtained from all subcontractors, which would be written in the contract. By approval of this resolution the contract would be approved. Bill Reese of Arcadis advised the bid document would become the contract, which contained standard conditions, and there was a payment and performance bond required. Attorney • Hawkins called attention to B(1) bid condition, in which the contractor would agree to everything mandated by Arcadis. Vice Mayor Paterno asked how much water per day the new train would deliver, to which Mr. Reese responded it would provide 1.2 MGD capacity. The contract with Jupiter, which would be ceasing, was 1.35, and the Village was marginal in how close they were to having sufficient capacity to cover demands. It was his understanding that as the Jupiter contract terminated, the Village would be negotiating an emergency interconnect to meet needs in the event of an emergency, and he recommended if there were an opportunity to add the other train, to do that. Demand depended upon how dry it got. With the additional capacity, the capacity would be 5.1 rated capacity. Council Member Genco asked if more storage would be possible. Mr. Reese explained that when dry times came, demand was up over consecutive days and storage would need to be so great that it was not practical, so plants were designed to meet max day flows and reasonable storage. Mayor Humpage noted the Village planned to look for grant money to build the new train, and also the contract with Jupiter Hills could be terminated if needed. Vice Mayor Paterno asked if the pressure were reduced during dry times if the Village could save on volume because they would be pumping less, and by reducing the pressure by one pound how much less water would be used in a day. Mr. Reese advised he could determine that, and noted that was something that could certainly be done in dry times to conserve water. I~ U 12 Minutes -Village Council Regular Meeting 10/11 /06 Page 13 Motion passed 4-0. • l Ob. RESOLUTION OS-06/07 - A Resolution of the Village Council of the Villa e of g Tequesta, Palm Beach County, Florida, Authorizing the execution of a Fee Authorization in the amount of $150,000.00 to Arcadis RMA, for the Engineering Services during the construction with Funding from the Budgeted Engineering RO/WTP Expansion account #401-41-665.632 and Authorizing the Village Manager to execute the applicable Fee Authorization on behalf of the Village. Village Attorney Hawkins read into the record Resolution OS-06/07. MOTION.• Council Member Watkins made a motion to approve Resolution OS-06/07. Vice Mayor Paterno seconded the motion. Public Services Manager Russell White indicated the amount of this contract was less than 6% of the cost of the expansion. This had nothing to do with design, but was only for services during the construction. Council Member Genco referred to page 2 of 4, and commented all of the design had been done. Mr. White explained the original RO plant design had been built to accommodate future additional trains, and there was a lot more involved than just buying a train and hooking it up. Mr. White advised that also in this expansion the chlorine modification to go from gas to liquid chlorine was included, which was much safer, and that was just one of the items involved. Mr. White commented there would also be a lot of work when the third train was added. Council Member • Genco asked if payment was being made in advance for items 1 through 6, to which Mr. White responded that was the design of the additional trains, RO well No. 3, and the pipeline, which had already been paid. Items 7 through 10 were in this scope of work, for services during construction. The $115,000 was for the first six items, and items 7 through 10 were covered by this resolution. The whole thing was costing $265,000 in engineering fees. Monitoring of the budget would be done by review of the pay requests by both parties and material substitutions would be subject to approval. Motion passed 4-0. 11. RESOLUTION 06-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, to Ratify the CWA Contract for the 3- Year period 2006-2009, and authorizing the Village Manager to execute the contract on behalf of the Village. Village Attorney Hawkins read into the record Resolution 06-06/07. MOTION: Council Member Watkins made a motion to approve Resolution 06-06/07. Mayor Humpage passed the gavel to Vice Mayor Paterno and seconded the motion. C] 13 Minutes -Village Council Regular Meeting 10/11/06 Page 14 Human Resources Director Merlene Reid reported there were 26 employees in this union, and during negotiations the union had made an offer. For this contract • the union had focused on pay and benefits, because employees felt that was where they were hurting most. This had to do with inflation, gas prices, etc. The entire contract had really not been discussed, just where the employees wanted to focus. Their offer had been presented to the Village Council in an executive session, and the Village Council had made a counter offer. The union had accepted the Village's offer, so now ratification by the Village was needed-the union had already ratified it on September 22, 2006. Mayor Humpage reported this was a contract with CWA, who represented 26 Village employees. One of the things Council did this year during the budget process was to look at salaries whether in the unions or not, with the primary goal to bring people into the 50 percentile range and also with consideration of retainage and attractability to hire people, so adjustments had been made to salaries. During the budget workshops, after negotiations at staff level the Council received an offer from the CWA, which the Council rejected. The Council then had countered the offer to try to keep levels at a maximum of 22%. The counter offer, which was at 22% over the three years, had been accepted by CWA, and they had ratified the contract. This was the Village's offer that had been accepted by CWA and it was now presented to the Village Council for approval. Mayor Humpage expressed his opinion that in good bargaining faith the Village needed to honor its obligation and approve this item. Council Member Genco referred to Article 2, Section 3 in the agreement, and commented she agreed with donating time, but felt if people wanted to bargain with the Village that should be done on their own time. She expressed her opinion they should be following the same grievance procedure that the Village had, and asked why a special one should be adopted for them. Attorney Hawkins responded the bargaining unit assumed responsibility on behalf of its members. Council Member Genco asked why the Village wasn't asking them to follow the Village's grievance procedure, because it made it more difficult for the Village if there were five unions all with different grievance procedures, and it would be easier if the unions followed the Village's procedure. Ms. Reid advised the processes were the same-first they went to their supervisor and if that did not work, at any time they could go to the Village Manager. Council Member Genco referred to Article 7, hours of work and overtime, which stated: unit members shall receive a 30-minute unpaid meal break and may also receive a 30-minute paid meal break. Council Member Genco stated she had not known the Village paid people to have lunch. Ms. Reid reported this was the same as in the previous 03/06 contract, and advised the main focus during bargaining had been salaries and benefits, but this was a policy across the entire Village for full-time employees. Council Member Genco commented that meant people did not really work 40 hours per week, and this was a benefit Council should have known about. Mayor Humpage asked if this was the same contract since day one, to which Ms. Reid responded there had been some clean-up in terms of ambiguities, etc., but • 14 Minutes -Village Council Regular Meeting 10/11/06 Page 15 the major changes were the pay. Mayor Humpage asked the difference between this contract and the previous one other than the funding. Ms. Reid commented in . Article 10, Insurance, a clause about a maximum payout of $150,000 had been added, which was in the actual benefits, and things like that had been added. Ms. Reid explained that Article 23, certification pay, remained the same except for a reverse osmosis certification to receive the additional 3% pay adjustment, which was part of a bargaining strategy that was put forward, explaining there had been quite a number of requests for certification, and when getting to an impasse, this one had been negotiated. For benefits, especially medical, the contract was re- opened each year to negotiate. Council Member Genco commented she had not had enough time before the meeting to really go through the contract. Vice Mayor Paterno expressed his opinion the environment had changed since negotiations began, and without numbers from the Finance Department they did not know how this would affect the Village financially for the next three years. The Vice Mayor stated he did not see how this could be ratified without that information. He had requested the information, but there had not been time for it to be provided, and his own calculations indicated it would be a burden that the Village would not be able to maintain at its present millage rate. He did not understand how the Council could say they were going to do something without evaluating how it would affect the Village. Anything that came to Council had to first go to Mr. Couzzo for approval, and he should have provided Council with that information before they were asked to approve this. The Vice Mayor advised he had never seen this contract before Friday-it had never been offered to him for review for any ideas, and he did not realize about the lunch, or that life • insurance was provided. Village Manager Couzzo recommended, based on the comments Council was making, it might be appropriate to table this item tonight and bring it back to an executive session to discuss these items and provide the information Council was asking for, to give them an opportunity to evaluate the agreement. Council Member Watkins stated that was reasonable. Vice Mayor Paterno asked Attorney Hawkins what would have to be done if that was what the Council would like to do. Attorney Hawkins advised there would have to be a motion to table and a second, and no discussion permitted. Procedurally, a body was appointed to negotiate, it reported to Council in executive session, it endeavored to proceed based on what Council directed. Council would not be without potential peril if they did not ratify the contract tonight; the current contract in place would control going forward. If they did table, he urged that the executive session occur forthwith and that Council consider a special meeting to further address this so they could approve it quickly, because he believed there was peril to the Village with regard to a possible claim of unfair labor practices being presented to the Public Employees Relations Commission arising from a notion that it had not been bargained in good faith. He realized everyone had received this late, but was just giving his observation of potential risk. • 15 Minutes -Village Council Regular Meeting 10/11/06 Page 16 Mayor Humpage commented he did not know the numbers that made the Vice Mayor think this would create a tax increase, but one of the things that Council • had to do by January 1 was to take a serious look at the budget, and they had already looked at areas where they could pull money from the budget. Mayor Humpage stressed this contract was the same contract that had been in place for ten years, and the only real issue was the numbers, which the Village Council had come up with, and now they were at the 12th hour and it was a mistake to push this off. Mayor Humpage advised he was going to be gone for 12 days, which meant the other three members of the council must agree unanimously, and he thought they should move forward and honor the agreement they had made and if they had to dig in the budget they should do that, but he believed they should move forward. Council Member Watkins commented she agreed that all of the Council were sensitive to monetary issues, but looking at this over three years they were not that far off, and she did not want to put the Village in jeopardy in any way. Council Member Watkins commented the night this was discussed would have been the time to argue the points, and she would really be concerned about putting this in peril at this point, saying after the Council had sent them this counter offer that now they did not like their own counter offer, which was a credibility issue with her. She expressed concern with putting the Village in jeopardy with a possible unfair labor issue, and stated her opinion was to move forward with it as is. Council Member Genco commented the Council had been called into a closed • door session and blindly had to go through it, and she had not been comfortable with it, and was still not comfortable with it. She understood the legalities, but expressed her opinion the Council should not have been put into that position to begin with-they should have had all the financial information ahead of time. Vice Mayor Paterno commented on getting this on Friday and having never seen it before, he would have liked to have seen it earlier. Another thing that was added on was in reference to the 3%, and it had been discussed that there would be no certificate pay, so this had been materially changed, in more than the ambiguities. Attorney Hawkins advised the Vice Mayor it was extremely important that he not disclose the content of the executive session. Council Member Genco commented this did not reflect what was agreed to in the executive session; Attorney Hawkins advised then to go back into executive session. Council Member Genco commented then it could not be discussed tonight and to approve something that was not what the Council agreed to in the executive session, she did not think should be done, so she agreed with Vice Mayor Paterno that they could not approve something that was different than they approved at the executive session. Mayor Humpage asked why it was different- the Vice Mayor responded it could not be discussed. Mayor Humpage stated he did not believe it was any different except for the numbers, and that was the only difference in this contract for the past 12 years. Council Member Genco • 16 Minutes -Village Council Regular Meeting 10/11/06 Page 18 consideration of an executive session in the future to discuss the contract in closed session. Council Member Watkins asked if this motion failed if they would have • to address the contract issue again. The attorney advised they could then move to table the whole thing and that would leave staff in a quandary. The following three points were stated by Attorney Hawkins: (1) motion had failed; (2) therefore an option was to take it to executive session, or (3) if that failed the whole thing could be tabled. Attorney Hawkins stated his recommendation was to take it to executive session. Motion passed 4-0. Mayor Humpage stated that for the record, his vote was not the numbers, it was for the Village 's health, and he was not happy about this. Council Member Watkins, stated she dittoed that. 12. RESOLUTION 07-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving aOne-Year Contract extension to Rood Outdoor Environments of Tequesta, Florida for Public Works Lawn and Landscape Maintenance in the amount of $71,422.68 which $71,422.68 (Account #001-210-546.309) was allocated in the FY 2007 Budget. Village Attorney Hawkins read into the record Resolution 07-06/07. MOTION.• Council Member Watkins made a motion to approve Resolution 07-06/07. Vice Mayor Paterno seconded the motion. Mr. Robert Garlo, Assistant Village Manager, confirmed the four resolutions on • the agenda reflected the entirety of the commitment made during the budget process to reduce these contracts in excess of $100,000 with the change made to the Public Works Department, and all of those items discussed had been removed from these contracts, and they now reflected only what had been discussed at the workshop that would continue to be outsourced. Mr. Garlo advised this was structured as four different items due to being billed to different accounts. Motion passed 4-0. 13. RESOLUTION 0&06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving aOne-Year Contract extension to Rood Outdoor Environments of Tequesta, Florida for Storrnwater Department Landscape Maintenance in the amount of $2,139.36 which $2,139.36 (Account #403-250-546.308) was allocated in the FY 2007 Budget. Village Attorney Hawkins read into the record Resolution 08-06/07. MOTION.• Council Member Watkins made a motion to approve Resolution 08-06/07. Vice Mayor Paterno seconded the motion. • 18 Minutes -Village Council RegularMeeting l0/11/06 Page 17 responded this was not the same contract they had before. Vice Mayor Paterno stated this contract was different in some terms than what the Council had • discussed. Attorney Hawkins advised if there were a motion and a second to table, they would then take a vote, and if it passed 4-0 or 3-1, it would be tabled. Discussion ensued. Attorney Hawkins advised that the maker of the motion to approve could withdraw her motion and then another motion could be made, or it could be taken to a vote. The maker of the motion requested to take it to a vote. Motion failed by 2-2 vote, with Vice Mayor Paterno and Council Member Genco opposed. Vice Mayor Paterno passed the gavel back to Mayor Humpage. MOTION.• Council Member Genco moved to have an executive session and look at the contract being offered. Vice Mayor Paterno seconded the motion. Mayor Humpage asked Attorney Hawkins what would happen if this motion passed, being worried about the Village's position in this negotiation, because the employees should be seeing this in their next paycheck. Attorney Hawkins advised if it were passed tonight, they could have it in their next paycheck. Mayor Humpage asked if whatever the Village negotiated in the proposed closed door session would be retroactive. Attorney Hawkins clarified the Village Council would not be negotiating in the closed door session-they would be . responding and giving direction to staff as to how to proceed, and staff would take their direction and proceed. Council Member Genco commented when they were talking about finances at the closed door session, they were not talking about any of the contract. Mayor Humpage stated he understood that, and to him the contract was the same as it had been for twelve years-7-1/4 times 3 years was 22, and they were at 22 now, so where were they going-to nitpick through the fine print? Mayor Humpage asked the Village Attorney what happened if this motion failed. Attorney Hawkins advised if the motion to go to executive session failed, they would not go to executive session, and he urged the Council to reconsider another motion to address the contract. The attorney advised this situation manifested the problem of only having afour-member Village Council. Attorney Hawkins stated, hypothetically assume they went back to executive session in 13 days and then the contract was blessed or modified and then blessed by the Council in a special meeting; if there were salary increases they could be made retroactive. Council Member Genco recalled that had been done in the past when the Police had an impasse. Attorney Hawkins stated that was not an unusual outcome, but urged the Council to proceed with all dispatch. Mayor Humpage indicated he was leaving town the next day. During ensuing discussion regarding the motion, the Village Manager clarified that item had failed by 2-2 vote; and now the motion before the Council was • 17 Minutes -Village Council Regular Meeting 10/11/06 Page 19 Council Member Genco reported the sheet received from Assistant Manager • Garlo on August 31, 2006, showed the amount for Dover Ditch as $5,351.00, and this was saying it was only$2,139, and questioned whether more would have to be paid. Mr. Garlo explained that was for Tequesta Drive Drainage, which was different than Dover Ditch. Council Member Genco apologized, commenting she had the wrong one. Motion passed 4-0. 14. RESOLUTION 09-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving aOne-Year Contract extension to Terracon Services, Inc. of Jupiter, Florida for Public Works Lawn and Landscape Maintenance in the amount of $15,354.53 which $15,354.53 (Account #001-210-546.309) was allocated in the FY 2007 Budget. Village Attorney Hawkins read into the record Resolution 09-06/07. MOTION.• Council Member Watkins made a motion to approve Resolution 09-06/07. Vice Mayor Paterno seconded the motion. Motion passed 4-0. 15. RESOLUTION 10-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving aOne-Year Contract extension to Terracon Services, Inc, of Jupiter, Florida for Stormwater Department . Landscape Maintenance in the amount of $14,621.44 which $14,621.44 (Account #403-250-546.308) was allocated in the FY 2007 Budget. . Village Attorney Hawkins read into the record Resolution 10-06/07. MOTION: Council Member Watkins made a motion to approve Resolution 10-06/07. Vice Mayor Paterno seconded the motion. Motion passed 4-0. 16. RESOLUTION 12-06/07- A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Placing the Village ofTequesta's Property, Inland Marine, General Liability, Law Enforcement Liability, Automobile and Worker's Compensation coverage with the Florida Municipal Insurance Trust (EMIT) (Per attached Schedule A) for a combined premium of $402,746 and authorizing the Village Manager to execute the applicable agreement on behalf of the Village. Village Attorney Hawkins read into the record Resolution 12-06/07. MOTION: Council Member Watkins moved approval of Resolution 12-06/07. Council Member Genco seconded the motion. • 19 Minutes -Village Council Regular Meeting 10/11/06 Page 20 Ms. Merlene Reid, Human Resources Manager, explained that originally all of the insurance had been with the Preferred Government Insurance Trust (PGIT), and clarified that the property insurance had reflected a 507% increase, creating an overall effect on the insurance items listed of approximately 200+%. After talking to PGIT, she had been able to get them to reduce that to 43.38% overall increase. With the proposed move to the Florida Municipal Insurance Trust, that overall increase would be further reduced to 20% increase. Ms. Reid clarified this did not include the new building. The original quote from PGIT for the building had been $94,000, which they had reduced to $68,000, and Ms. Reid was expecting a quote on that from Florida Municipal Insurance Trust. Ms. Reid reported she had worked with the Gehring Group Professional Services during this process, and had been referred to them by Patrice Monaco in the Finance Department. Two representatives from the Gehring Group were present at tonight's meeting. Vice Mayor Paterno asked how much over budget the insurance cost would be with the insurance on the new building, to which Ms. Reid responded there was $12,000 left in the budget, and although she did not know the amount that would be quoted, she suspected that it would be more than the amount remaining in the budget. Council Member Genco asked if it were possible to raise deductibles to reduce premiums. Ellen Jones, with the Gehring Group, thanked staff for a wonderful job during this process. Ms. Jones advised that they could go back and ask for increased • deductibles to show what potential savings would be; and also reported that all of the proposed coverages with Florida Municipal Insurance Trust would be retroactive to October 1. They had already sent in the information to bind the coverage so that the Village would not be without insurance in the interim; it could be bound as is to move forward and then make changes by endorsement at any point in time. Council Member Genco asked about the possible savings from higher deductibles, noting that soon some form of self insurance might be evaluated. Ms. Jones responded there could possibly be a great savings by looking at something in a very high deductible range, instead of $10,000 possibly $25,000, and they could bring back a range of deductibles for the Village to look at options side by side. Council Member Genco indicated it was her understanding that the Public Safety building and the Water Treatment building had been built to withstand a 500-year storm, so that she expected insurance to cost much less for those. Ms. Jones reported the $10,000 deductible shown was for fire and normal things that might be experienced, but a different deductible would kick in for windstorm events and it would be 5% of the total insured value of the building at the time or the amount of the deductible, whichever was greater, so the deductible might be higher in those examples. The policy had been rated based on when the number of buildings, distance from the water, year built, construction types, etc. Vice Mayor Paterno asked if the deductible would be approximately $500,000, using 5% of the total insured value. Ms. Jones • 20 Minutes -Village Council Regular Meeting 10/11/06 Page 21 explained it would apply per building damaged in that particular storm at that particular location. • The Vice Mayor complimented Ms. Reid for doin such a ood 'ob findin g g J g another insurance provider, and presenting a simple explanation on a spreadsheet that could easily be understood. Motion passed 4-0. 17. Council appointment of 3 "Regular Members" to the Board of Adjustment for each member to have a term of 3-years. Mayor Humpage explained that these members were already on the board, and commented the Village was lucky to have them. Council Member Watkins asked if the Village sent out-thank you letters for volunteering again. Mayor Humpage advised he had attended the last Board ofAdjustment meeting and thanked them. MOTION: Council Member Watkins moved to reappoint as regular members to the Board of Adjustment Mr. Paul P. Brienza, Mr. Jon Newman, and Mr. Steve Pullon for three year terms. Vice Mayor Paterno seconded the motion. Motion passed 4-0. 18. Update for Council consideration and possible action concerning the proposed Contract Resolution with Welsh Tennis Courts, Inc. Village Attorney Hawkins advised that the materials in the packets consisted of a • series of letters between him as Counsel for the Village and Attorney Jeffrey Kuhn as Counsel for Welsh Tennis, relative to a tentative settlement to resolve a dispute between the Village and Welch Tennis concerning work Welsh Tennis did in improvements to Constitution Park. Attorney Hawkins reported the original contract value had been $357,000, Tequesta had paid all but $132,000 and made a liquidated damages claim of $51,750--which was on page three of his September 27, 2006 letter in the packet. Attorney Hawkins advised that Welsh Tennis had a agreed to accept a settlement payment of $76,446.39 from the Village, and the Village had agreed to absorb a permitting fee. The problem had been that the work was materially late. Vice Mayor Paterno stated the Village Manager had done a great job representing the Village on this item; Council. Member Watkins and Mayor Humpage expressed agreement. The Village Manager explained the situation with the permitting fee. MOTION: Council Member Watkins made a motion to approve the proposed Contract Resolution with Welsh Tennis Courts, Inc. Vice Mayor Paterno seconded the motion, Motion passed 4-D. • 21 Minutes -Village Council Regular Meeting 10/1 1./06 Page 22 X. ANY OTHER MATTERS • Council Member Genco announced she had a check for $218.05 from the Action CommitteeofTequestaforthePublicSafetyMemorial.Fund. Mayor Humpage advised the last golftournament had been held forthe Public Safety Memorial, and the committee had met. They had roughly $48,000 in the bank, and were trying to get the matching funds from the county. They were doing a call to artists, and the people representing them would provide a briefpresentation at theNovember Village Council meeting ifthe other members of the Council agreed. The other members ofthe Council concurred, and congratulated Mayor Humpage for a great job on this project. Vice Mayor Paterno asked if any contracts to be carried forward needed to be brought up today in order for them to keep going on, such as Mr. Cory's contract, which was more than $15,000. Council Member Genco indicated she believed an annual contract went until the expiration date no matter where that was in the budget process. Village Manager Couzzo advised he would check to see if anything was outstanding. Attorney Hawkins advised he had received an email from a resident regarding the golf cart registration program, who reported it was working extremely well. Mayor Humpage reported he went to the Country Club and no one was complaining, and he had met a woman who needed her cart adapted and wanted to do it herself, and the Police Chiefhad told her it was okay so long as it passed the inspection. Mayor Humpage reported everyone seemed to be happy with the program. . Council Member Watkins reported Council did not get a lot of feedback from residents and requested if a lot of calls on an issue were received by the Village that the Manager include that in his monthly report. Mayor Humpage suggested a town meeting might be held. The closed door executive session was set for October 24, 2006, which everyone seemed to have available. Mayor Humpage requested that everyone be sent an email to firm up that date within the next 2-3 days. XI. ADJOURNMENT Upon motion by Council Member Watkins, seconded by Council MemberGenco, and unanimously carried, the meeting was adjourned at 9:12 p.m. Respectfully submitted, Betty Laur Recording Secretary • 22