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HomeMy WebLinkAboutMinutes_Regular_07/13/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JULY 13, 2006 I. CALL TO ORDER AND ROLL -The meeting was called to order by Mayor Jim Humpage at 7:07 P.M. A roll call was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Attorney Ed Guedes, Greenberg Traurig, Village Clerk Gwen Carlisle, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Genco 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. Attorney Ed Guedes, Greenberg Traurig and representing the Village recommended Council table Item 4, Resolution 90-05/06 regarding the litigation of Basil Dalack verses the Village of Tequesta. He noted there have been some developments in the last couple of hours, and would appreciate the opportunity to discuss with Council in an executive session before any further decision was made. Mayor Humpage passed the gavel to Vice Mayor Paterno. MOTION: Mayor Humpage moved to approve the recommendation of Attorney Guedes to table Item 4, Resolution 90-05/06; seconded by Council Member Watkins; motion passed 4-0. Vice Mayor Paterno returned the gavel to Mayor Humpage. Council Member Genco removed Item 10 from the Consent Agenda. MOTION: Council Member Watkins moved to approve the agenda, as amended; seconded by Vice Mayor Paterno; motion passed 4-0. IV. PRESENTATIONS AND PROCLAMATIONS 1. Proclamation declaring August 1, 2006 as "National Night Out" in the Village of Tequesta. • Minutes -Village Council Regular Meeting 07/13/06 Page 2 Mayor Humpage introduced the new Police Chief for the Village of Tequesta, Chief William McCollom. Mayor Humpage read the entire proclamation • declaring Tuesday, August 1, 2006 as National Night Out in the Village of Tequesta and presented it to Chief McCollom. 2. Presentation of Award of Recognition from the American Water Works Association to the Tequesta Water Treatment Plant, Outstanding Class B, Water Treatment Plant for Year 2006. Mayor Humpage introduced Mr. Roy Fallon, Chief Water Treatment Plant Operator and presented him with a plaque. He mentioned the Village welcomed anyone who would like to visit the facility to go and take a tour. He commented he has visited there many times unannounced, and it is so spotless clean. Mayor Humpage thanked Mr. Fallon and all the employees at the plant for all their hard work. Mayor Humpage commented there was a special visitor this evening, and Ms. Dottie Campbell will introduce the visitors. Ms. Dottie Campbell, resident of Eastwinds Circle mentioned since she has been living on the River, she has become so aware of the wildlife. She commented she can not get over the amount of bird traffic on the River, and all the other wonderful things happening. She pointed out there was not an animal control program in the north end of the County, other than Busch Wildlife Sanctuary. She mentioned she was not successful in getting additional funds for Busch the last time Council reviewed their Aid to Organizations, so she invited some animals for Council to see. She introduced Mr. David Hitzig, Director of Busch Wildlife, his wife Dinah, and son Mason. She asked the public to support her efforts to get money from Council for Busch Wildlife Sanctuary. Mr. Hitzig thanked Council for allowing them the opportunity to address them, and for their personal commitment to the Busch Wildlife Sanctuary. Mr. Hitzig gave a brief overview of the services, and efforts the Busch Wildlife does for the animals. He noted Busch Wildlife is anon-profit organization, specializing in helping sick, abandoned, and injured wildlife. He indicated each year they treat about 4,200 patients at the hospital, with a majority of those animals coming from the north county area. He pointed out there were over 900 animals that came from the Tequesta area. He explained they get a variety of animals from whitetail deer to bald eagles, etc. He mentioned their funding comes entirely from contributions, and are not a government funded facility; although some municipalities contribute funds, such as the Village of Tequesta, and Town of Jupiter to lend support for what they do. He noted without that support there is no way they could function. He commented the sanctuary is open to the public so they can enjoy their programs. • 2 Minutes -Village Council Regular Meeting 07/13/06 Page 3 Mr. Hitzig mentioned the animals present this evening are from the sanctuary, and because of the extent of their injuries they can no longer go back out in the wild. • He pointed out his wife was holding a type of falcon, called the crested cara-cara, which is native to our area; and his son Mason was holding a screech owl which is the most common owl found in North America, and because of its small size goes unnoticed. He noted the last couple of years have been tough on the Sanctuary because of the hurricanes, causing nearly $100,000 in damage in the first year, and last year Hurricane Wilma caused $36,000. He commented they really appreciate Council's support, and asked that they go a step farther and continue to help the Sanctuary. Ms. Campbell mentioned last time she was at Council she was suggesting a contribution up to $5,000. She commented she learned that Council transferred another $23,000 into charitable contributions, and out of that money, only $3,000 has been dispensed. She asked Council for $10,000, and asked them to think about the number of residents in Tequesta. Village Manager Couzzo indicated about 6,500 residents. Ms. Campbell noted that was about $2.00- $20.00 per person. She asked Council to consider making an additional contribution to Busch Wildlife because the money is there. Mayor Humpage indicated this was not on the agenda this evening, and noted Council was going into the budget cycle for the upcoming year. He commented there is funding remaining in the current budget. He asked the Clerk to bring something forward, and contact each Council Member, and let them identify a • particular thing that they would like to consider donating to, so that each Council Member would have input into this. Council Member Genco noted Council recently did that and came up with a list of organizations. She thought after the additional $20,000 was allocated, Council would take a look at the list for additional allocations. She noted Busch was on the list. Mayor Humpage asked the Clerk if it could be brought back for discussion at the August Regular Council Meeting. Consensus of Council agreed to bring back Council donations to the next Regular Council meeting. Council Member Watkins thanked everyone for coming to the meeting. Council Member Genco asked if Busch Wildlife could make a contribution to the Village's newsletter, and if they have donation envelopes. She suggested the Village enclose the envelope in the newsletter as an insert. Mr. Hitzig indicated he could provide something to the Village, such as an article and envelope. Consensus of Council agreed. Council Member Genco commented if they do an article could they address ways to encourage wildlife habitant within our residential areas. Mr. Hitzig agreed, noting there were a lot of things people could do for backyard wildlife habitants, such as planting native plants that attract wildlife and give them a food source. Mayor Humpage commented the Village could possibly have a place at the new Village Hall for a habitant. Ms. Campbell explained during Hurricane Frances a fruit bat was injured and she took it to Busch Wildlife and they doctored it and now it has been released. C] 3 Minutes -Village Council Regular Meeting 07/13/06 Page 4 Executive Session - (Basil Dalack versus Village of Tequesta). Mayor Humpage • commented since Item 4, Resolution 90-05/06 was tabled regarding the interpretation of the Village's Oath of Office; he suggested Council set a date and time for an Executive session, and also a Special Meeting. Village Manager Couzzo indicated Attorney Guedes requested 7:45 am tomorrow July 14, 2006, at the Emergency Operations Center (EOC) for the Executive session. Attorney Hawkins recommended scheduling the workshop for at least 45 minutes. He indicated he would be available also at 7:45 am, and those in attendance at the Executive session would be: Mayor Humpage, Vice Mayor Paterno, Council Member Genco, Council Member Watkins, Village Attorney Hawkins, Village Manager Couzzo, and a court reporter, and conference call in Attorney Guedes, Greenberg Traurig. MOTION: Council Member Watkins moved to approve the Executive session, Friday, July 14, 2006 at 7:45 am, at the Emergency Operations Center (EOC), and the Clerk to notice the public regarding the Special Meeting on Monday, July 17, 2006, at the EOC facility; seconded by Council Member Genco; motion passed 4-0. V. STANDING REPORTS VILLAGE ATTORNEY - Mentioned he had 2 or 3 workshops last month dealing with some construction issues on Village Hall, Constitution Park. He mentioned he also did work on the golf cart ordinance, and numerous other issues. He indicated he provided a report • to Village Manager Couzzo outlining all the areas they covered. Village Manager Couzzo commented it would come to Council in his monthly report, next week. Council Member Genco asked if the Attorney had reached a resolution on the $22,000 on the Village Hall windows. Attorney Hawkins commented it has not been resolved at this time. VILLAGE MANAGER -None VI. UNFINISHED BUSINESS 3. RESOLUTION 87-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Authorizing the transfer out of $33,418.00 from the Capital Improvement Fund #301 to the General Fund #001 to fund various salary expense accounts in the General Fund for Payroll related expenses incurred during the Bridge repairs made to Tequesta Drive Bridge and authorizing the Village Manager to proceed on behalf of the Village. Mayor Humpage read the title of Resolution 87-05/06. Village Manager Couzzo mentioned this was a housekeeping issue to appropriate the funds for the overtime that was required. :7 4 Minutes -Village Council Regular Meeting 07/13/06 Page 5 MOTION: Council Member Watkins moved to approve Resolution 87-05/06; seconded by • Council Member Genco; motion passed 4-0. 4. TABLED BY COUNCIL RESOLUTION 90-05/06 - A Resolution of the Village Council of the Village of Tequesta, Florida, Providing an Official Interpretation of the Village Charter's Oath of Office; Providing for implementation; Providing for effective date. 4.1 FEC Beautification Project -Council consideration to authorize a letter of commitment from the Village of Tequesta to Palm Beach County agreeing to cover any additional costs up to a 20% contingency with respect to the traffic signalization at Tequesta Drive and Old Dixie Highway. Mr. Robert Garlo, Assistant Village Manager mentioned at the June 8, 2006 Regular Council Meeting Council discussed the proposed cost of the mast arms signals. He indicated after the Council meeting he spoke with Palm Beach County and requested they move forward with the project, and Palm Beach County requested a 20% contingency that it listed in the opinion of probable cost. Mr. Garlo requested the County release the work, and not require the 20% contingency up front; they agreed, but requested a letter of commitment from the Village that we would agree to cover any project cost overruns. He mentioned he was here to ask for authority to do that, but did not know what those cost overruns would be. He indicated they could not exceed the contingency amount, but he did • not believe they would be that expensive. He commented what the County was looking for is a Letter of Commitment. Mayor Humpage asked if the Village had received the matching grant funds for the beautification project, and the linear park. Assistant Manager Garlo responded in the affirmative. Mayor Humpage commented this project would need to be completed by December 31, 2006, or the Village would lose the funds. Council Member Genco pointed out the project was being increased from $252,000 to $277,000, with the contingency. Assistant Manager Garlo mentioned the $252,000 is what was currently remaining unencumbered in the FEC beautification fund. He explained the $279,000 is the cost from the vendor to built and install the signals; and there is a 20% contingency on top of that on the last page of the proposal. He noted that is what the County has agreed the Village does not have to pay at this time, if the Village agrees to pay any cost overruns beyond the $279,000. Council Member Genco pointed out the current budget amount is $252,000 with the 20% contingency at $55,000, and the total cost of the project is $277,179.00, and the subsequent total is $332,615.00. Mayor Humpage indicated the $332,615.00 is with the contingency cost built into it. Vice Mayor Paterno noted the $252,000 is the amount left that has been set aside for the project, and the project cost is $277,179.00, and the 20% contingency will add up to $332,615.00. .] 5 Minutes -Village Council Regular Meeting 07/13/06 Page 6 Council Member Genco pointed out Council was doing two things: 1) increasing the original amount from $252,000 to $277,179, and 2) adding the contingency on which could bring it to $332,000. Assistant Manager Garlo stated what Staff was proposing was to increase the project amount to $277,179, and provide the County with a letter saying that if there were overruns that the Village would pay that amount not to exceed 20%. Council Member Genco asked if Council needed to transfer over an additional $25,000, and if a resolution was available to do the transfer. Assistant Manager Garlo indicated the Village would have to appropriate the difference between $252,000 and $277,179. Council Member Genco asked if Staff would bring the increase to Council next month. Mr. Garlo agreed. He asked if Staff could have permission now to execute the letter of commitment, and submit it to the County. Council Member Watkins questioned whether the contingency was in the County's original Agreement. Assistant Manager Garlo pointed out that is the County's method of doing business. Council Member Genco explained when the Village changed the design on the mast arms it changed the expenses, because the Village was not definitive on the actual final costs. Council Member Watkins pointed out the County was looking for a margin of error, which may or may not happen. Council Member Genco asked if Council would see a Resolution next Council meeting on the $25,000 difference. Mr. Garlo agreed. MOTION: Council Member Watkins moved to approve sending a Letter of Commitment to Palm Beach County regarding the 20% contingency; seconded by Vice Mayor Paterno; 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 Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Item 10, Resolution 89-05/06. MOTION: Council Member Watkins moved to approve the Consent Agenda, as amended,• seconded by Council Member Genco; motion passed 4-0. Therefore the following items were approved on the Consent Agenda. 5. Village Council Regular Meeting Minutes June 8, 2006. 6. Village Council Workshop Meeting Minutes June 6, 2006. 7. Village Council Special Meeting Minutes May 30, 2006. 8. Budget Adjustments for the month of July 2006. 6 Minutes -Village Council Regular Meeting 07/13/06 Page 7 9. RESOLUTION 88-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Adjusting budgeted Insurance . expenditure accounts to reflect actual Insurance expenses related to General Liability Insurance in the 2005-2006 budget in the following funds: General Fund #001, Water Utility Fund #401, and Stormwater Utility Fund #403 and Increasing/Decreasing appropriated fund balances each fund as follows: General Fund #001; Water Utility Fund #401, and Stormwater Utility Fund #403. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 10. RESOLUTION 89-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Design Landscaping & Nursery of Royal Palm Beach for landscaping Village Hall in the amount of $107,549.65 (account #303-331-663.631) Council Member Genco mentioned she has not seen the final landscape plan, and felt it had been through some revised design concepts. She indicated she would like to see the final plan, and felt Council should have the opportunity to review it. Assistant Manager Garlo stated this was the original plan drawn by Ms. Roy- Fisher & Associates at the time the Village Hall renderings were completed. Village Manager Couzzo asked if the only deviation was the switching of the • palms. Assistant Manager Garlo indicated it was two palms. Council Member Genco asked if the rest of Council had seen the final plans. Mayor Humpage stated he saw the plan when it came out, but did not know about the two trees. Village Manager Couzzo indicated the difference is two trees that they are switching out to make the trees more prominent. Council Member Genco asked if the Planning and Zoning Advisory Board had reviewed the plan. Village Manager Couzzo felt it went with the original package to Planning and Zoning Board. Council Member Genco pointed out she does not recall them reviewing the landscaping plan; they were just reviewing the building on the site plan. Mayor Humpage commented he recollects the big set of prints had all the stuff. Council Member Genco explained the set had everything on it, but she felt the Planning and Zoning Board only reviewed the site plan for the building. Vice Mayor Paterno felt Planning and Zoning Board would have to approve everything at one time. Assistant Manager Garlo stated his understanding was the Planning and Zoning Board approved everything as far as the Village Hall site plan. Village Manager Couzzo explained the Village has undertaken this landscaping project to do outside of the general contractor's responsibility, in an effort to provide greater savings. Mayor Humpage noted the money is already in the budget under "Other Construction". Village Manager Couzzo indicated the project was budgeted around $125,000.00. n 7 Minutes -Village Council Regular Meeting 07/13/06 Page 8 Council Member Genco pointed out there were revisions on the final plan from last May, and she could not remember it coming before Council. Mayor Humpage • felt it went through Planning and Zoning Board as a package for site plan approval. Council Member Genco felt the Board did not look at the final revisions, because it was reviewed before May 2005. She indicated she would not mind going ahead and rendering an award on a contract, but would like the plan to go back for review to make sure the Board has reviewed the revisions. Village Manager Couzzo commented Staff would send it back through Planning and Zoning Board for review. Vice Mayor Paterno asked if time was of the essence on this item. Assistant Manager Garlo indicated the contractor was going to have to review the plans, so they could coordinate when they would actually put it in the ground. Council Member Genco asked if Staff knows what the revisions were from May. Assistant Manager Garlo responded he did not know. Mayor Humpage suggested approving this contract on the premise that it does not deviate from the original site plan that was approved by Planning and Zoning Board, and if there is an issue then they need to have that brought forward. He felt the Village needed to keep this project moving forward to get the job done.. Council Member Genco agreed; she felt the Board should get to see whatever the changes were made to it. Council Member Watkins stated she would not mind the Board seeing the plan, but would not want to hold up the contract. Council Member Genco commented she knows it is different then the one she has seen, because it did not have the berm, and that was one of the things she had requested be incorporated. She felt the Board did not see the berm either. She asked when the next meeting was for Planning and Zoning Board. Ms. Catherine Harding, • Director of Community Development commented it was scheduled for August 3, 2006. Council Member Genco felt that would not delay things to much, and if there was any problems with it, or they needed to make minor changes it was fine, but if anything major they should bring it back to Council. Mayor Humpage pointed out Council would premise the approval on that comment. Consensus of Council agreed. Attorney Hawkins read for the record the title of Resolution 89-05/06. MOTION: Council Member Watkins moved to approve Resolution 89-05/06, with the contingency that Council receives an approval from the Planning and Zoning Advisory Board; seconded by Council Member Genco; motion passed 4-0. VIII. COMMUNICATIONS FROM CITIZENS - Mr. Davis Vandivier, Business owner Cologne Motel, U.S. Highway One, mentioned he purchased the motel, and commented he was present to let Council know a little about them, and what they were planning on doing. He commented they wanted to do a lot of changes, and upscale it. He noted they are working on getting everything approved through the Village. His assistant mentioned what they would like to do is change the colors on the outside building, add dormers, 8 Minutes -Village Council Regular Meeting 07/13/06 Page 9 shutters, and improve the entire property. Mayor Humpage explained they must go through the Planning and Zoning Advisory Board. Mr. Vandivier indicated • they were in the process of having a new sign made, and asked if they have to wait until the August Planning and Zoning Meeting. Council Member Genco commented the Planning and Zoning Board handles the aesthetics. Mayor Humpage explained it could be brought to Council the second or third week of August, after Planning and Zoning Board review. Mayor Humpage welcomed them to the neighborhood. - Ms. Jane Pike, Jupiter/Tequesta/Hobe Sound Realtors Association, mentioned there had been many presentations regarding affordable housing, and the millage rates in the communities. She explained the Florida Association of Realtors had provided their information as to the Property Tax Portability. She commented a senior citizen that is trying to scale down from a large family home, or a young family trying to go up as their family grows; the cost of doing that today with tax and insurance, and adding on the mortgage and interest rates are cost prohibited in Palm Beach County. She distributed a handout, and reviewed the information packet. She mentioned this was brought to the community at FAU on Tuesday, July 11, 2006, and it was well received, and they had a very good conversation with Representative Carl Domino in regard to the issues on property tax relief, and the possibility of tax reform at the State level, guiding counties, especially home rule counties, which Palm Beach County is one. She felt this handout would give Council more information in making decisions that have to do with the taxes. • - Mr. David Swanson, resident of Intracoastal Circle thanked Council for all their hard work. Mayor Humpage asked if the Village just did their curbing. Mr. Swanson thanked Council for improving the area. He mentioned he has lived at Key West Village for 3 years, and on Hickory Hill in Tequesta Pines for 12 years. He explained Key West Village residents live close to Grassy Flats Restaurant and recently within the last two months the restaurant has decided to have live music on Thursday, Friday and Saturday that goes to 10:00 P.M. He stated it is very loud, and he has been working with code enforcement to try and come up with some compromise. He pointed out this is a gray area, and it may take sometime to work out. He commented he was here to make Council aware of the situation in case it may come back to them in the future. - Mr. Darrell Pastuch, resident of Riverside Drive commented he was present to speak to the Pickup Truck ordinance in the Village. He felt the ordinance needed to be changed, that a lot of residents use pickup trucks to beautify their homes. He noted he was not in favor of commercial vehicles, but pickup trucks that look stock, well kept condition should in his opinion, be allowed to be parked overnight at a residence in the Village of Tequesta. He stated everyone uses these vehicles today. He feels the code enforcement have better things to do then to send letters to people regarding parking trucks in front of their home; amd if the ordinance was changed in a reasonable manner, it could work for everyone. • 9 Minutes -Village Council Regular Meeting 07/13/06 Page 10 IX. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER WATKINS Outstanding Class B Water Treatment Plant for 2006- Council Member Watkins congratulated Mr. Roy Fallon on the award and expressed the Village was proud of the Water Department. She took the founding fathers of the Water Department into consideration; and felt the Village owed them thanks for making the first move for the Village of Tequesta to have its own water department. She thanked Mr. Fallon for his hard work. New Police Chief -Council Member Watkins welcomed Police Chief McCollom and expressed the Village was glad to have him. She mentioned to Council Members that she asked Village Clerk Carlisle to distribute copies of information from the PBC League of Cities meeting in relation to the Post Disaster Plan. She mentioned the Florida League of Cities wanted the Village to know if any of the municipalities noticed something was missing from the list that should be addressed, they should contact them.. MAYOR HUMPAGE Former Police Chief Allison- He mentioned that Chief Allison's surgery went well and he is up and around, and he may be out of the hospital by Saturday. ' FPL Staging Area- Mayor Humpage mentioned at the last Council meeting he was trying to convince Florida Power and Light to bring some people into the area in case the Village was threatened by a storm. He stated he met with the FPL representatives and he found some interesting things. He explained FPL had two staging areas for their trucks and equipment. He explained FPL puts all the equipment such as trucks, transformers, and poles at the South Florida Fairgrounds, and also at the North County Airport. He stated the staging areas were a good distance from the Village. Mayor Humpage stated FPL houses them in certain areas and reports to those areas. He explained they have criteria for staging areas, one of which is, so many acres have to be secured. He explained despite the Village's Water Plant being a secured area, and the maintenance facility being a secured area, and Tequesta Park being large enough to be secured, FPL would not send their crew up to the Village. Mayor Humapge explained Assistant Village Manager Garlo was giving FPL information on these sites and they may consider keeping some of the damaged equipment within the Village. He explained the Village and Jupiter Inlet Colony could be supplemented and could become a staging area. He explained this meant if a storm was imminent in the area, FPL would bring particular equipment and leave it in the area so that the trucks would be there and FPL's response time would be much more efficient. He hoped Mr. Garlo would have some success • 10 Minutes -Village Council Regular Meeting 07/13/06 Page 11 with that. He felt this would accelerate the response time and they were trying to make this move along as quickly as possible. X. NEW BUSINESS l la. RESOLUTION 91- 05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Setting the proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2006-2007 at a rate of 6.4980 mils per $1,000.00 of assessed Value. Mayor Humpage mentioned the Village budget process was about to begin. He stated the Village had to meet certain time restraints related to the budget. He explained the Millage Rate was the same as it has been for the last 4 years. MOTION :Council Member Watkins moved to approve Resolution 91-05/06, setting the proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal year 2006-2007 at a rate of 6.4980 mils per $1000.00 of assessed value; seconded by Vice Mayor Paterno; motion passed 4-0. l lb) Discussion to set a Budget Workshop date in August, and the 1St and 2°d readings of Millage and Budget Ordinances in September. Village Clerk Carlisle proposed the budget workshop be in August so the department budgets could be presented to Council. She explained the 1St and 2"d reading dates of the Millage and Budget Ordinances needed to be set on a date that would not coincide with the County and the School Board. She proposed scheduling the Regular Council Meeting on September 14, 2006. She explained it would be done as a public hearing, and then Council could go into the Regular Council Meeting. Mayor Humpage asked if it would be done during the Regular Council Meeting or prior to the Council Meeting. Village Clerk Carlisle stated if it was at 7:00 p.m., the public hearing would be first, and then the Regular Council Meeting would proceed. She stated there could be a Special Meeting at 7:00 p.m. or if Council preferred, they could have an earlier meeting before the Regular Council Meeting. Village Manager Cuozzo pointed out it would be the first official public hearing of the budget. Council Member Genco asked if they should have the public hearing at 7:00 p.m. or 6:30 p.m. to expedite time. Mayor Humpage asked if it was all right with Ms. JoAnn Forsythe, Finance Director to have the meeting at 6:30 p.m. to stay on track with the Regular Council meeting at 7 p.m. Ms. Forsythe stated it was fine. Village Clerk Carlisle suggested the 2°d reading for the Millage and Budget Ordinances either take place on Tuesday, September 26, or Thursday, September 28, 2006, which would be a Special Meeting. Council Member Genco stated Thursday, September 28, 2006 would be better. Mayor Humpage stated he had no problem with it being held on September 28, 2006. • 11 Minutes -Village Council Regular Meeting 07/13/06 Page 12 Village Clerk Carlisle pointed out the Workshop dates as proposed in the email previously distributed to Council. She felt the 3r week of August would be most . convenient for everyone to attend, because Council and the Village Manager would be out of town the week of the Florida League of Cities Conference. Mayor Humpage asked Village Clerk Carlisle what the proposed dates were. Village Clerk Carlisle stated Monday August 14, Tuesday August 15, or Wednesday August 16, 2006. Village Clerk Carlisle stated for some people August 16 was not a good day. Village Manager Cuozzo stated it would be the first Budget Workshop, and the budget proposal would be completed by the end of next week. Mayor Humpage asked if the workshop could start at 9 a.m. Consensus of Council agreed to hold the 1St reading of the Millage and Budget Ordinances on September 14, 2006 at 6:30 p.m., followed at 7:00 by the Regular Meeting, and a Special Meeting for the 2"d reading of the Budget and Millage Ordinances on Thursday, August 28, 2006, at 7:00 p.m.; and the Budget Workshop on August 15, 2006 at 9:00 a.m. 12. ORDINANCE 606 -FIRST READING - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending the Village Code of Ordinances at Chapter 46, Motor Vehicles and Traffic, at Article 1, Section 46-2, Use of Golf Carts upon Designated Village Streets, so as to provide restrictions relating to the operation of Golf Carts; Providing for repeal of Ordinances in conflict; Providing for Severability; Providing for Codification; Providing an effective date. Village Attorney Hawkins read Ordinance 606 by title only on first reading. Mayor Humpage declared the public hearing open. Attorney Hawkins explained this draft ordinance was presented tonight for first reading and the Council would be voting tonight whether to adopt it on first reading only. If adopted on first reading, the ordinance would come back before the Council on August 17, 2006 for second reading. If adopted on first and second reading, it would become a law of the Village of Tequesta. Attorney Hawkins reviewed the ordinance as follows: The ordinance was designed to specify how the Village would like to regulate the utilization of golf cart vehicles on designated roadways. The elements of the ordinance were basically as follows: Golf carts may be used on certain public roads or streets where the miles per hour posted were no greater than 25 miles per hour. In other words, a golf cart could not function on a roadway that had a 35 miles-per-hour or higher speed limit. That designation designated the permissible roadways under the statute, which was a mechanism for designating the roadways that could be utilized for golf carts. There were five additional requirements that must be in place before golf carts could be utilized, and those came into the draft ordinance through comments from the Council, the workshop, and staff. Golf carts must be operated and have insurance; there will be a registration process which the Police • 12 Minutes -Village Council Regular Meeting 07/13/06 Page 13 Department will supervise; all golf carts that will operate on roadways have to be registered with the Police Department; golf carts can only be operated during the • hours between sunrise and sunset; golf carts allowed on roadways must be operated in the following manner which is in accordance with the statute-with headlights, brake lights, turn signals, windshields, brakes must be determined efficient as determined by the Police Department, reliable steering, tires, a rear- view mirror, and reflectorized warning devices. Attorney Hawkins clarified that was the statutory language. Most importantly, those driving golf carts on roadways within the Village of Tequesta must be at least 16 years of age and hold a valid driver's license issued within the U.S. and must be in possession at all times of a valid I.D. card showing proof of age. Attorney Hawkins advised these were the basic elements of the golf cart ordinance presented for first reading, and modifications could easily be made. Mayor Humpage questioned the language in item 4: `golf carts may operate upon Village roads'. Attorney Hawkins responded that language was to differentiate between golf carts that would operate upon roads and those that would not operate on the roadways, and those carts that operated solely on the golf course did not need to be registered with the Police Department. Mayor Humpage asked if turn signals could be replaced with hand signals. Attorney Hawkins advised that could be done, but that was the language in the statute. Police Chief McCollom noted this was a big issue, and he believed the intent of the Village Council and the citizens was with the security of the kids, and paying • attention to kids who were driving carts unsupervised, recklessly, etc., which is what had generated the majority of complaints by the community, and that would be the focus of the police in regard to enforcement. Chief McCollom expressed his opinion that when talking about safety equipment he wanted to stay close to the statute and its intent to make carts roadworthy like a vehicle, so that those around the cart would clearly know the driver's intent to make a turn, etc., and his recommendation was to stay with the proposed safety equipment. Chief McCollom advised that the Police Department was prepared to handle the registration by going to the golf course and the club on a scheduled basis so that people could register their carts; however, the fee had not yet been set and he assumed the Village Council would discuss that. Mayor Humpage commented a study was mandated by the State in order to implement this and signs would have to be posted, and the costs could be built into the registration to cover those costs. Council Member Genco commented she had understood they were going to get a ballpark figure for the study and then develop the fee, and she also understood the study would be designating which streets, while the language in the ordinance indicated those streets within the Village with speed limits of 25 miles per hour or less would be designated, and that did not follow the intent of only allowing operation in a specific area, because almost every residential community in the Village had a speed limit of 25 miles per hour. 13 Minutes -Village Council Regular Meeting 07/13/06 Page 14 Village Manager Couzzo advised that any roadways that would be designated for use by golf carts would have to be designated by signage, whether it was 25 • m.p.h. roadways throughout the community or only in certain areas. Council Member Genco responded that was not what the. language in the ordinance said- the criteria was not 25 m.p.h., the criteria was designated streets. Village Manager Couzzo advised if Council wanted it to be `designated streets' that was what they would have to say; they would have to direct staff to do a study, and based upon the findings of the study to have certain streets and it could only be those streets. The Village Manager commented that was the intent of this discussion. Council Member Genco responded she thought that was what had been discussed at the workshop. Council Member Watkins commented she thought they were just looking for a mechanism of how to make this as safe as possible, and she personally thought it would be better to look at the Village as a whole rather than addressing only one community with a golf club, although she could not imagine anyone purchasing a golf cart if they did not live in a community with a golf club. Council Member Genco commented, unfortunately if it was worded this way, if a community like Tequesta Pines chose to have golf carts drive around there, they could; and that was not what this was intended to do. This ordinance was intended to continue to encourage people to golf in the community, and although she did not know of anyone in Tequesta Pines who might want to drive a golf cart to Turtle Creek or Tequesta Country Club, if this were done there would be no means for people to go from a dirt road onto a 30-m.p.h. road and get to the golf course. Council Member Genco also commented Bayview Terrace residents • would have to go onto a 30-m.p.h. road so they wouldn't be able to do it either, and there were people there who had golf carts and golfed at Turtle Creek and possibly also Tequesta Country Club. Council Member Genco suggested designating streets that were safe and contiguous to the golf courses. Council Member Watkins pointed out that the ordinance clearly stated the Village Council had conducted the traffic study, and that had not been done. Village Manager Couzzo suggested changing the language to state "will conduct the traffic study", and noted this needed changes but this initial draft had been done just to have a draft for discussion. Council Member Genco indicated she would like a draft for first reading at the next meeting. Council Member Watkins commented she would like to hear comments from the public regarding whether the 25 m.p.h. should be throughout the Village or just in a designated area. Public Comments: Ms. Linda Martin, 339 River Drive, advised she was on the Board of Governors at Tequesta Country Club, and they had major concerns regarding the dusk to dawn issue since many golf events were at dusk-at least twice a week there was golfing with dinner following. It was important to allow members to drive their carts home, because if they had to go home and drive a car back, there was a lack of sufficient parking at the club. As a result, people would go home and decide not to come back, causing a financial impact to the club. They had to compete r~ U 14 Minutes -Village Council Regular Meeting 07/13/06 Page 15 with Turtle Creek, where people drove their golf carts around, and Martin County, and in the future would also have competition from Jupiter's new course. All of • this had a financial impact. Not many members were present tonight due to about 70% of their members presently being up north-they had about 400 members, and with spouses there were about 800 people concerned about whether they could drive their carts at night. Ms. Martin requested the Village Council allow golf carts to be used to and from the club, within the Tequesta Country Club, even at dusk when returning from events, even if they had to be streetwise carts, and to remember this would be a dramatic financial impact to the club which was experiencing increased costs, loss of membership, and direct competition, and asked them to help the club improve their financial stability, which would benefit both the club and the community. Ms. Martin indicated events twice a week lasted until about 10 p.m., and once a year they had Moonlight Madness and golfed at night. The Village Manager suggested Moonlight Madness might be an exception coordinated through the Police Department as a special event once a year. Mr. Mike Adams, 1000 North U.S Highway 1, Jupiter, President of Tequesta Country Club, indicated they were generally in favor of the ordinance with the exception that Ms. Martin had pointed out-the sundown curfew. Most parties ended around 9-9:30 p.m., and they did not want members to have a problem getting home. He had been stopped by a police officer who suggested he tow his cart, but he did not know how to do that. Mr. Adams requested the Council consider changing the dawn to dusk language. • Mr. Archie Mangum, 67 Fairview West, commented he did not have to get on the street to get to the club, but was speaking of behalf of those who did have to get on the streets. Mr. Mangum reported in the 17 years he had lived here there had not been a problem with golf carts until very recently, and the problem was the kids-he had seen a 12-year old towing 3 more behind him on skateboards, and that needed to be taken care of-but it was like they were weeds in a garden, you didn't have to kill the whole garden just to get rid of the weeds, which was what the Village was trying to do. Mr. Mangum reported he had spoken with Council Member Watkins before the meeting and discussed the fact that gas was expensive, in short supply, and polluting the air-golf carts were much more efficient and friendly to the environment-so their use should be encouraged and not discouraged. Mr. Mangum agreed there must be controls. He stated he had no strong feelings about a 25 m.p.h. speed limit, and thought the street was more important than the speed limit, commenting that Country Club Drive had a speed limit of 25 m.p.h., but was just as busy as Tequesta Drive, which had a speed limit of 30 m.p.h. Mr. Mangum asked why golf carts had to have lights if you couldn't drive them at nigh. He reported the club sprinklers used to come on at 9 p.m. but after his wife got a $50 dress ruined they changed the sprinklers to start at 10 p.m., and suggested doing the same thing with the lights. n IS Minutes -Village Council Regular Meeting 07/13/06 Page 16 Mr. Mangum commented golf carts came with headlights and taillights-they did not come with turn signals-and he did not think turn signals were necessary since arm signals could be used. Trying to add turn signals could be difficult. He commented if carts were going to be in the streets they should be registered to give the Police Department something to go on, and since he didn't carry a billfold when playing golf he could post his drivers license on the windshield but he didn't think there was anyone who would think he was under 16 years old. Mr. Mangum summarized that he agreed with the concept and thought control was needed, but objected to dawn to dusk, and requiring turn signals because he believed that would be a hardship. Ms. Pert Towne, 364 Fairway North, distributed information and commented the proposed ordinance complied with State law. She advised that in 1998 the National Highway Safety Administration had adopted a law concerning golf carts because of discrepancies between State and local laws. A low speed vehicle defined as a golf cart manufactured to run at 20 m.p.h. and no higher than 25 m.p.h.--was required to have the safety items described in the ordinance and also was required to have seat belts. This was in the Federal Registry 49 CFR part 571, and there was website link on the information provided if the Council wished to do further research. Ms. Towne expressed her opinion golfers needed to be allowed to drive their golf carts to play golf, and felt the ordinance should state the speed could not be more than 15 to 18 m.p.h. Ms. Towne advised that a cart that could go 15 to 18 m.p.h. was defined in the Federal law as a golf cart-if it could go faster it was defined as a low speed vehicle. Ms. Towne reported two • golf cart incidents involving young people after dark that could have resulted in death if a car had been coming. She summarized that the ordinance needed to be amended to add the speed to conform to Federal law, which was a safety issue. Mr. Joseph Murray, 184 River, questioned the number of people who would be allowed on one golf cart. Mayor Humpage advised seating would be looked at. Ms. Dottie Campbell reported she used to live on Tradewinds and Country Club, and had seen a lot of activity on golf carts. Ms. Campbell expressed her opinion the Council should not legislate use of seat belts on the golf course-that should apply when on public roads, and there should be a belt for every seat on the cart. She questioned if after dusk transportation was granted and there was a serious accident if the Village was opening itself to liability. Mrs. Campbell asked if the ordinance was passed if it would be illegal to have a golf cart on a sidewalk or bike path. Mayor Humpage responded they would have to remain on the designated roadways. Mrs. Campbell advised golf cart paths needed to be two- way, and suggested the Village encourage the area clubs to send letters to their members asking them to read the laws and return the letters to the Village as acknowledgement they knew what they were supposed to be doing. Mr. Randy Cropp, Turtle Creek, advised he went over to Tequesta Country Club all the time and had returned to his home in Turtle Creek at 11 p.m. or after • 16 Minutes -Village Council Regular Meeting 07/13/06 Page 17 midnight on New Year's Eve parties and no one had been hurt for 50 years. His cart had lights but no seatbelts. Mr. Cropp expressed concern Tequesta would not have much left when their residents could not use their golf carts to go to the golf course. This would affect the millage rate. He was a member presently at Tequesta Country Club, but was not going to be allowed to cross the street to go there. Mr. Cropp advised the Council was going to shut everybody of and Tequesta Country Club was trying to get some younger members. Mr. Cropp stated if the kids were the problem it was so easy just take the kids to their parents and say, no more. He had called two other people in golf cart communities and they did not have insurance for their golf carts> He stated the Village was worried about getting sued, and they could get sued by anyone. Mr. Cropp asked the Council to reconsider what they were doing, and make it so that Tequesta could be a community of people doing what they loved to do, before they lost a huge amount of millage rate when the golf course went downhill because they couldn't get members and had to become a public course. The Village was driving them to the verge of that-it was already starting. Council Member Genco agreed the children had initiated this whole thing, and she had made a comment about five months ago at a Council meeting and someone at that meeting had been kind enough to quote her in Golf World Magazine as saying if children need to go see their friends, instead of using golf carts they should ride bicycles. They made a big joke out of it. Council Member Genco advised because the Council was so concerned with the children's safety they were forced to come up with a way to make sure they could be kept off the . streets and kept from using the golf carts. Mr. Cropp commented the Council did not have to pass this Country Club style ordinance, but could pass their own ordinance, and the next thing could be an ordinance that said kids could not ride their bicycles in the street. Mayor Humpage commented the children had created this nightmare and the Council needed to do something. One major hurdle was it was a violation of State law-even if no one got hurt for another 50 years. Mayor Humpage gave an example of someone living in Bermuda Terrace that was a Country Club member, and supposing they got hit by a vehicle on Country Club Drive, the liability would rest with somebody, and they would go to the deepest pocket. The Mayor advised the Village was trying to find a happy medium to keep the Country Club solvent and happy, to let people use their golf carts, just trying to protect themselves, and it was a safety concern. He reported the police had taken kids to their parents but two days later it was business as usual, and something needed to be done to protect the Village and come up with a plan that would protect everyone, and it was not an easy thing to do. Village Attorney Hawkins advised this was not a Tequesta issue, it was a State of Florida legislative issue-it had been passed into law, and if the Village was not complying with the law they were exposing themselves to greater liability and they could not just ignore what was on the law books. He did not interpret what • 17 Minutes -Village Council Regular Meeting 07/13/06 Page 18 was going on here as a desire to over regulate-they were trying to accommodate a lot of mixed interests that had been vocalized over three separate meetings. • Mayor Humpage commented they were just trying to make it safe. Ms. Martin suggested investigating what was going on in other areas in Palm Beach County on this issue since there were other golf course communities that might be doing something that might help Tequesta. Attorney Hawkins responded that his law firm represented the Towne of Palm Beach, the Towne of Jupiter Island, the Village of Tequesta, and the Village of Gulfstream. This ordinance had been patterned after the one they did for Jupiter Island-it was more restrictive, but that was what they had been asked to draft. Attorney Hawkins advised that he felt they had a good sampling of higher- end communities in Palm Beach County. This was not a gated community with private roadways-it was a public city with public streets and you had to work with that. This community was bound by the Florida legislature, not by a set of covenants and restrictions that were part of a HOA. A member of the audience questioned the law requiring seat belts that Ms. Towne had referred to, and she responded that did not apply if the vehicle was a golf cart that could only go 15 m.p.h. Council Member Genco commented Jupiter Island only allowed golf carts sunrise to sunset. Mayor Humpage asked how often evening functions at the club, to which the response was it could be 2-3 times per week. Discussion ensued regarding lights. Council Member Genco commented it might be possible to add something into the ordinance for special events if the carts were equipped with • lights, met all the other requirements, and were using the designated path to minimize risk, and they had insurance. Mayor Humpage noted the ordinance was not sealed in stone. Vice Mayor Paterno commented he thought the ordinance would work for most of the people here by deleting sunrise to sunset and deleting the turn signals. Mayor Humpage commented the primary function of a golf cart was to be used at the golf course. The Mayor commented he was hearing if the ordinance could be tweaked to be tied into a Country Club function and they gave the Police Chief 5 nights during a month that this could happen-what would happen if someone was caught out on the road on a different night than those 5 nights-were the people present okay with getting a citation? Response from the audience was a chorus of "no"; Mr. Mangum explained that many people played golf until dark- then they had to get home. Vice Mayor Paterno recommended the cutoff time be 11 or midnight, since if someone played until dark they might then have dinner and then stay later, and it would be easier for the Police Department not to have to figure out which nights there were late functions. Mayor Humpage commented it seemed the time and signals were the biggest issues at this point. Council Member Watkins indicated this issue was extremely sensitive and the Council was trying to come up with a happy medium that allowed people to use their golf carts and also work within the framework of the law. • 18 Minutes -Village Council Regular Meeting 07/13/06 Page 19 Her biggest issue was the children and she was happy with keeping the age 16. Council Member Watkins advised she was not a golfer and did not ride in a cart, • but would like carts to have headlights and brake lights. As for turn signals, she felt that would have to be determined according to whether they were required by law; but it would be an issue if it were found that 99% of the carts did not have turn signals. Council Member Watkins expressed her opinion the time should tie in with either a designated area or the 25 m.p.h. streets; if there was a way within the law that the cutoff time could be at a later, reasonable time to accommodate later functions and would not be to the detriment of other citizens, she would like to work within that. Mayor Humpage commented he felt they could move on the time and he really did not think the signals were a big thing. Village Manager Couzzo commented that was one of the things that could be tweaked in the ordinance by conversing with the Chief, however, it had to go through legal, and a study still had to be done. There had been considerable good input, and he thought time was an issue because the Police Department still had to enforce the statute as they saw it, and he suggested Council allow Administration to move forward to try to incorporate the suggestions that had been made and come back with a modified ordinance. Council Member Genco suggested going over the ordinance to see what changes needed to be made. Council Member Watkins asked residents to remember that right now the police had to enforce the law on the books; the Council was trying to help change that law to accommodate the residents. Vice Mayor Paterno commented that was why he felt it was so important to pass something tonight on • first reading and move on to second reading because time was of the essence, and asked if the ordinance could be made retroactive to June 1 since there was one person here tonight who had been given aticket-the only one in 50 years. Council Member Genco commented it was her understanding the Village had no jurisdiction to regulate the vehicles on the private property of the Tequesta Country Club. The Police Chief indicated that was his understanding also. During review of the ordinance, Council Member Genco stated she was okay with the first "Whereas". Regarding the second "Whereas" Council Member Genco asked to change the language to "as of the time of adoption the traffic study has been completed". Council Member Genco commented in Section 146-2(A) there were two items as mentioned by Ms. Towne-one was golf carts could only be driven on areas that had been designated for golf cart use and the other was that a golf cart was a vehicle that did not exceed 20 m.p.h., and she thought those things needed to be in the ordinance; designated roads, something describing a golf cart, and the fact that it could not go over 20 m.p.h., and she thought something provided by Ms. Towne had contained language to that effect. Attorney Hawkins clarified with Council that the designated roads would be the product of the study, and received clarification that those designated roads would be confined to the area contingent to the Country Club areas where the golf C: 19 Minutes -Village Council Regular Meeting 07/13/06 Page 20 courses were located. Council Member Genco noted there was no reason to do a study in Tequesta Pines, and she thought the designated area should be the area west of the Tequesta Drive Bridge. Council Member Watkins asked if there was any reason this issue should be addressed in any other part of the Villageif there would be any down side to only addressing the area west of the bridge. Village Manager Couzzo commented it was his understanding there were some golf carts in the Pines. Council Member Watkins cautioned that the Council could not be exclusionary to other Village residents. Council Member Genco commented if anyone east of the bridge had a golf cart, they were not using it to play golf. Village Attorney Hawkins commented there was no language in the ordinance that said you could only use a golf cart if you were agolfer-the State statute did not countenance that you could only use a golf cart on a roadway if you were a golfer or were going to or from a golf course. Council Member Genco responded she thought the only time it made the exception was for the retirement communities. Attorney Hawkins advised it was not tied to the function of golf, it was tied to the designation of roadways. Council Member Genco recalled that the State statute had an exemption for crossing a State road if it were adjacent to a retirement community. Mayor Humpage commented Tequesta did not have that, so if you left it as designated roads rather than have the river in there, if the people in Tequesta Garden apartments wanted to have carts they could. Council Member Genco expressed her opinion if people in another area of the Village wanted to have golf carts, they needed to let the Council know; this was not meant to address the entire Village, what Council was looking at doing was • enhancing and continuing to support the people that wanted to play golf in this community, and the Council was not trying to look for alternative means of transportation. Attorney Hawkins asked what if someone east of the bridge wanted to play golf. Council Member Genco responded that would be extremely dangerous because the sidewalks on the bridge would not accommodate golf carts and they would have to be driven in the lane of traffic30 m.p.h. traffic crossing the bridge. If it turned out in the future that Tequesta Pines, the next largest community, wanted to use golf carts because of the energy crisis to drive around in their community, then she invited them to come to Council to get their roads designated. Council Member Genco commented that she thought until then this must be dealt with in a common sense way. Vice Mayor Paterno suggested rather than make it complicated, to say it could be anywhere in the Village but once the designation was in place from the study it would only be where the signs were up. Later on, other communities could come back to the Manager or Council to let them know they would like their communities designated as golf cart communities. Council Member Genco responded the Council was doing that right now by designating roads, and they would not be designating roads east of the river; they were only asked what area they wanted studied right now, and she thought the only area they should study was on the other side. Vice Mayor Paterno commented that was all right, then just make it on the other side from the bridge to the west and forget about the • 20 Minutes -Village Council Regular Meeting 07/13/06 Page 21 speed limit and not make this ten pages long, for simplicity. Council Member Genco commented it was going to be about three or two pages long, and trying to save a few words was not the issue. Mayor Humpage commented, if you looked at "Item A" and struck everything after "Tequesta" on the second line through the end of that sentence, it would read "Those portions of public roads and streets in the Village of Tequesta hereby designated for use by golf carts in accordance with...". That would allow adding another roadway whether it was the Pines or Tequesta Gardens. Council Member Genco indicated having a definition of what a golf cart was would not be needed. Council was in agreement on item B(1)---must be 16 years old and have a driver's license. Regarding the hours in (2), Council Member Genco suggested stating unless a golf cart has been equipped in accordance with item (3) below, and in item (3) below to delete the words "turn signals". Council Member Watkins asked Village Attorney Hawkins if Council could legally say "midnight" since the State statute said "dawn to dusk", to which the response was yes. A resident commented she did not like to be told when she could use her golf cart, and was advised Council was trying to compromise and knew they could not make everyone happy. Consensus of Council was to set the time at "sunrise to midnight". Consensus of Council was to eliminate "turn signals" from item (3), and that Item (4) was all right. During discussion of item (5) Chief McCollom was asked if he thought it would be hard for police officers to figure out what constituted proof of insurance. Chief McCollom's response was if they had a policy they could show it, but the issue would be getting insurance, since there was not a lot out there for golf carts. Mayor Humpage reported at the last discussion there had been two insurance agents present and they both insured golf carts. Mayor Humpage commented Mr. Joe Capretta just got his golf cart insured. Chief McCollom stated he did not see a problem as long as they had proof of insurance. Vice Mayor Paterno advised he had called his insurance agent at Nationwide, and there would not be a little card so they might have to provide a letter as proof of insurance. Village Manager Couzzo commented at the time of registration and inspection of the vehicle, the Village would make a copy of the insurance and keep it on file. Council Member Genco noted the Country Club could advise their members what type of insurance to get or where to find it in their policy, to make the registration process smoother. • 21 Minutes -Village Council Regular Meeting 07/13/06 Page 22 A member of the audience suggested adding into the ordinance language that there could be no more people riding in a golf cart than there were seats. Council Member Genco commented Jupiter Island had stated that very well and she suggested that language be added as stated in Jupiter Island's ordinance in their item B(2): "The number of occupants in any golf cart being operated within the Town shall be restricted to the number of seats on the golf cart, however, a child under the age of seven years may ride on the lap of an adult passenger 18 years of age or older, who is not operating the golf cart". Mayor Humpage asked the Chief the current practice of the police department for juveniles on golf carts. Chief McCollom advised his direction to the officers was they would tow the golf cart, bring it to the police department, call the parents, and they would have their first meeting with the Chief to talk about supervision and safety, etc. The real downside was this would probably be a $ 150 tow. Mayor Humpage commented if it cost money that might keep the kids off the golf carts. A member of the public asked about registration. Chief McCollom advised the police would go to the golf course and conduct registration there on a regular basis, such as every other Saturday, and would also be on call in case someone could not make it on Saturday. He did not want people violating the ordinance to come to the police station for registration and inspection, since that would defeat the whole purpose of passing the ordinance. If someone had their cart towed to the police department it would be registered and inspected there--they wanted to make this as convenient as possible for everybody. His goal was to be accommodating to everybody during this process. • A member of the audience asked if something needed to be added regarding towing, and indicated he had seen a trailer behind a cart with ajet-ski or sailboat on it. Village Manager Couzzo responded if the trailer were licensed you could do that, but another gentleman had described an office chair with wheels being towed with a kid on it, and the police department knew how to enforce to that. Mayor Humpage asked that an amended version of the ordinance in accordance with the changes discussed be provided to Chief McCollom fairly quickly to use as information sheets to educate residents before the second reading. Chief McCollom advised he would continue to brief the officers, the focus of the police department would be to protect the children, and they would be proactive about children driving recklessly and putting themselves in harm's way. As far as the rest of the ordinance, his direction to the officers was that people living on a golf course needed to get to their tee times, and that would be their enforcement strategy until this ordinance was codified. Mayor Humpage asked the golfers present if they saw kids doing something improperly and they knew their parents, to help by advising them they needed to stop because they were hurting the other people in the golf course community. Hearing no further comments, Mayor Humpage declared the public hearing closed. 22 Minutes -Village Council Regular Meeting 07/13/06 Page 23 MOTION: Council Member Genco made a motion to adopt Ordinance 606 on first reading by title only with the changes addressed on speeding, lighting, hours, turn signals, and designated • roads. Council Member Watkins seconded the motion, which carried by unanimous 4-0 vote. Village Manager Couzzo clarified with Council that Administration would engage the services of a consultant to perform the study as soon as possible. Council Member Genco expressed hope the study could be accomplished using aerials since they were looking for a way for people to get to a central point by utilizing as many existing pathways as possible. The Village Manager advised staff would be looking for someone the next day to perform that service. Additional Public Comment not related to Item 12: Ms. Marie Rosner, 115 Lighthouse Drive in Jupiter Inlet Colony, announced she was present to pay a compliment to Ms. Catherine Harding, Director of Community Development and Village Manager Couzzo who had been very accommodating and expedient in helping her, and also to the Fire Department who had been very accommodating and took care of her right away in an EMS situation. She commented that Mr. Andre Dodd, one of the personnel, had been very nice and professional, and she wanted people to know there were nice things going on and to pay a compliment to a sister city. Mayor Humpage and Council Member Watkins apologized to Ms. Rosner for having to wait so long to make her comment. • 13. Discussion and possible action regarding compensation (Severance package) for Police Chief Steve Allison. Mayor Humpage reported he spoke with Chief Allison, and his primary concern was his medical insurance. He had learned from Chief Allison that because he was a law enforcement officer, he could use COBRA under State law; he could stay on it until he was 65 by paying premiums to the Village. Mayor Humpage thought that applied after 15 years of tenure and that Chief Allison would have to pay out of pocket. Mayor Humpage noted in the past the Council had seen other severance packages for employees of 25 years or more of service, and in talking to the Chief his preference would be, if it would be considered, the $750 spoken about in the 1996 Council meeting minutes, and he would like it applied in a trust with the Village that would cover him for 24 '/2 months. Council Member Genco commented she checked with Ms. Forsythe, Director of Fiance who advised she would check with a CPA to see how it could be done, because of tax implications. Mayor Humpage advised he had spoken to his CPA and his opinion it would be an annual 1099; and the bottom line was the number came to $22,500. An option was to present the Chief with $22,500, which he could start paying taxes on and lose about 20%. Council Member Genco commented she had read the policy, which stated either 6 months salary or $750 for each year of service whichever was greater, and in Chief Allison's case 6 months salary would be greater. n U 23 Minutes -Village Council Regular Meeting 07/13/06 Page 24 Mayor Humpage responded that was true, however, then he would have a tax burden. Council Member Genco commented no matter how the Village • compensated Chief Allison, the issue was the same. Vice Mayor Paterno suggested paying his insurance for the 24 '/z months as a benefit, just like a one- time consulting fee per year. It would be a benefit then, not a payment. Council Member Genco stated she was not yet at that point-the policy attached was to give someone $750 per year of service or 6 months salary, whichever was greater, and 6 months of his salary was greater, so why were they not doing that. She pointed out where it was stated on page 30, the 7th line of the June 13, 1996 minutes provided in the backup. Mayor Humpage asked what was the equivalent to 6 months worth of the Chief Allison's salary. Village Manager Cuozzo stated 6 months was approximately $50,000. He stated this particular issue has come up a number of times in the last 3 years, and this issue has been addressed with him; he understands this does not represent a policy of the Village, but an action of the Village as it relates to the individuals. He explained if Council wanted to establish it as a policy, it would be a policy that would apply to all employees. He felt the previous Village Manager recommended it to the Council for these instances for specific reasons and not necessarily as a policy that would be long standing. Vice Mayor Paterno felt one of the reasons for the two instances in 1996 was because they were going to eliminate these positions by this person retiring which was going to save over $100,000. He preferred to pay for the insurance as a gesture from the Village than to pay the 50% salary, because the Village was not saving a position. He suggested the Village pay for insurance and try to do it as a benefit, • so that Chief Allison does not have to pay taxes. Council Member Genco stated Chief Allison would have to pay taxes on the insurance benefit. Mayor Humpage stated his accountant told him that taxes would have to be paid on the insurance. Council Member Genco stated she knew for sure. Council Member Genco asked what the Council did about Mr. Gary Preston's severance package. Mr. Cuozzo explained that Mr. Preston's case was very similar to this. Council Member Genco asked if the Village paid him $750.00 per year for the time he worked with the Village. Village Manager Cuozzo answered the Village paid the dollar amount, which was the equivalent, whether or not it was used for insurance. He mentioned Mr. Preston took it in payment and is now paying the insurance himself. He explained the gross disbursement by the Village was very similar. Council Member Genco asked if it was more than $20,000. Village Manager Cuozzo stated he thought it was $22,000 or $23,000. Council Member Genco commented it was the same formula that was applied for Mr. Preston because they both worked with the Village almost as long. Village Manager Cuozzo explained based on his understanding and his conversations with Chief Allison, he preferred the Village pay the health insurance over a 24 %2 month period, versus a lump some payout. Council Member Genco stated she was fine with that part; she was trying to get through the compensation issue first. She expressed she was trying to be fair, because, she was going to use what Council had done historically as her guideline of what was reasonable. • 24 Minutes -Village Council Regular Meeting 07/13/06 Page 25 Council Member Watkins asked Mr. Cuozzo if he discussed it with Chief Allison, and if Chief Allison was all right with it. Village Manager Cuozzo explained he • discussed it with Chief Allison and he preferred this. He mentioned he would propose a policy for employees who served for 25 to 30 years as recognition for the length of service. He explained Council could use the policy as a guide. Vice Mayor Paterno suggested this discussion about the severance package should be incorporated into the subject of employees and salaries, which has been discussed prior to this. Council Member Genco stated she would like to use a guideline, but at the same time the Village could have alonger-term employee that could leave the Village on bad terms, and Council may not want to apply the policy to that person. Village Manager Cuozzo stated it would be done under the condition of an employee with good standing. He stated they would write a policy and present it to Council. Council Member Genco expressed it was a good idea and she thinks the Village should do things like this; and the issue on the method as to how he wants it paid can be worked out legally and financially with the Village. She commented if it can be worked out in a trust, but if the Village's auditors say no, then it cannot be done. Mayor Humpage stated the Village has been doing it. He stated it was a 1099 issue. Village Manager Cuozzo explained since he has been working for the Village, there have been a few instances. He explained one happened immediately after he began working at the Village, then Mr. Preston, and then Chief Allison. Council Member Genco stated if it can be worked out, she was fine with it. She felt it needed to be worked out so that the Village does not • have any issues, and Chief Allison does not have any issues. Village Manager Cuozzo stated he discussed it with the Finance Director and she will discuss the tax implications; and if needs be a 1099, it will be issued. Mayor Humpage asked Village Attorney Hawkins if this would be put in the form of a consensus or a motion. Mr. Hawkins answered that it would have to be stated in the form of a motion. MOTION: Council Member Watkins moved to approve based on Chief Allison's 30 years of service, The Village of Tequesta will disburse an amount equal to $22, S00 for health insurance benefits for the next 24 % months; seconded by Vice Mayor Paterno; motion passed 4-0. Mayor Humpage asked Mrs. Campbell if she wanted to speak on this issue. Ms. Campbell stated Council was doing fine. 14. Council consideration to reschedule the August 10, 2006 Regular Council Meeting to Thursday, August 17, 2006. Mayor Humpage suggested the date be changed due to the Florida League of the Cities event. He suggested Council change the date for those who would like to go; and asked Mr. Cuozzo if he had any suggestions. Village Manager Cuozzo stated if it was agreeable to Council Members to have the meeting on Thursday, • 25 Minutes -Village Council Regular Meeting 07/13/06 Page 26 August 17, 2006, they would just need a consensus. Consensus of Council agreed to have the meeting on Thursday, August 17, 2006. • XI. ANY OTHER MATTERS Mayor Humpage mentioned he spoke to Ms. Campbell and she was diligently working with her committee on the SOt" Anniversary of the Village of Tequesta. He explained Mrs. Campbell was looking to get some type of number on what the Village wanted to spend. Village Manager Cuozzo asked if she had an idea of a cost because he needed it to put into the budget. Mayor Humpage added someone has to paint all the fire hydrants gold. Ms. Campbell suggested community service do it. Council Member Genco stated that was a nice idea. Mayor Humpage stated he asked Fire Chief Weinand if the town could have different color fire hydrants and Chief Weinand told him that Council has to agree on the color for the Village. He stated there was no mandate on color. Council Member Genco asked Ms. Campbell if she would have the budget at the next council meeting. Ms. Campbell stated she would not be at the next council meeting, but she would pass it on when a figure came up. Mayor Humpage asked for an estimate, because it needed to be budgeted. Ms. Campbell stated a loose estimate was $50,000. Mayor Humpage felt the Village would not spend anywhere near that amount, but Ms. Campbell just wanted some comfort. Village Manager Cuozzo stated that is what he put in the budget earlier this afternoon, and he just wanted to make sure they were on the same page. Consensus of Council agreed to paint all the Village's fire hydrants gold. XII. ADJOURNMENT MOTION: Council Member Watkins moved to adjourn the meeting; Council Member Genco seconded the motion, which carried by unanimous 4-0 vote. Therefore, the meeting was adjourned at 9:40 p.m. wen E. Carlisle Village Clerk • 26