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Home My WebLink AboutMinutes_Regular_03/09/2006MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, MARCH 9, 2006 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:08 P.M. A roll call was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Clerk Gwen Carlisle, and Department Heads. Village Attorney Scott Hawkins arrived at 7:10 P.M. II. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage gave the invocation and led in the pledge of allegiance to the flag. III. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda; seconded by Council Member Paterno; motion passed 4-0. • i m removed from the Council Member Genco asked if they could address the to s Consent Agenda. Council Member Genco removed Item 4 from the Consent Agenda. Council Member Paterno removed Item 5 from the Consent Agenda. MOTION: Vice Mayor Watkins moved to approve the agenda as amended; seconded by Council Member Genco; motion passed 4-0. IV. PRESENTATIONS AND PROCLAMATIONS 1. Presentation -Northern Palm Beaches Cultural Alliance - Mr. Roger Buckwalter Mr. Roger Buckwalter, Chairman of the Northern Palm Beaches Cultural Alliance, and 27 year resident of Tequesta, mentioned he has been devoting a great deal of time to volunteer work much of it involving our local cultural sector since his retirement in 2001 from the Jupiter Courier. He highlighted the involvement, goals and events of the Alliance, noting that the group was formed in June 2004. He felt it was a significant development for the local cultural community. He indicated currently they have 19 members, which include Lighthouse Center for the Arts, Blowing Rocks Music Festival, Maltz Jupiter Theater, Loxahatchee River Minutes -Village Council Regular Meeting 03/09/06 Page 2 Historical Society, FAU Jupiter Campus, and many others. He mentioned they have also received encouragement of their work from PB County Cultural Council, PB County Tourism Development Council, and PB County Commissioner Karen Marcus. He pointed out the very diverse group recognizes how much the cultural groups have in common, that they aze allies, while they are separate and distinct groups. He indicated they have a shazed overwriting interest to enrich our cultural quality of life. He mentioned their next meeting would be Friday, March 31, 2006, at 10:00am at the FAU Jupiter Campus. He invited everyone to attend. He read the mission statement for the group, which summarizes what they do. He indicated their main effort at this time was to raise the profile of the local cultural community by mazketing the local cultural groups and increase their audiences. He pointed out the cultural guide, which Council received in their packets. He announced they would have a bus tour of the local cultural sites on March 24, 2006 from the Lighthouse Center of the Arts. He mentioned they held a benefit performance last Mazch at the Jupiter High School to aid two members, Loxahatchee River Historical Society and Busch Wildlife Center which sufferedery heavy damage in the two 2004 hurricanes. He commented he felt this collaboration is good for the community, and thinks it is good for Tequesta where the cultural life is so important to the residents. He explained the key to this alliance is establishing a broad base of support, especially for those outside the cultural community, from other institutions such as businesses, government, etc. He asked Council to look favorably on the Alliance and asked that they join in as a member. Mayor Humpage asked Council to consider at the next Council Meeting placing this item on the agenda to support the Cultural Alliance. He mentioned the Village has increased their ability to charitable donations. He felt it was a worthy cause. Vice Mayor Watkins asked if this was going to be for the membership in the Alliance. Mr. Buckwalter commented the membership is $100.00 per yeaz for government, businesses, and institutions, and $50.00 for individuals. Mayor Humpage asked Attorney Hawkins if Council chose to act on this item this evening, could they do it under this Presentation. Attorney Hawkins recommended placing it on the next agenda to get public input. Consensus of Council agreed to place it on the April Regular Council Meeting agenda. 2. Proclamation declaring the Month of April 2006 as "Read Together Palm Beach County Month. Attorney Hawkins read for the record the Proclamation declaring the • Month of April 2006 as "Read Together Palm Beach County Month. 2 Minutes -Village Council Regular Meeting 03/09/06 Page 3 V. STANDING REPORTS VILLAGE ATTORNEY 1St Baptist Church of Tequesta - He mentioned his firm has performed vanous reseazch related issues over the last month, and commented there was one issue he wanted to bring to Council's attention. He indicated the pastor of the Baptist Church had contacted one of his colleagues, and asked with respect to a zoning issue. He mentioned he has brought this to the attention of Village Manager Couzzo and Ms. Catherine Hazding, Director of Community Development, and they have advised that he can proceed in an informal matter. He indicated he was mentioning this to Council so they were aware, and if he perceived any issue, whatsoever, regazding a potential conflict, he would bring that to Council's attention, and direct his colleagues to discontinue. He wanted Council to be aware, because it has surfaced in the last two weeks, and has to do with a Special Exception request. Council Member Genco suggested Pastor Paul may have called everyone on Council to ask if they would object to him petitioning for the change. She noted the pastor called her, and she told him to see Ms. Hazding, and that the zoning regulations needed to be addressed by way of the code. Mayor Humpage indicated Pastor Paul Beresford also called him, and he told him he had to follow the rules. Vice Mayor Watkins felt he probably received that same message from all Council Members. VILLAGE MANAGER -None VI. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed Item 4 from the Consent Agenda. Council Member Paterno removed Item 5 from the Consent Agenda. MOTION: Vice Mayor 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. 3. Ms. Catherine Hazding, Director of Community Development as Village representative to the Loxahatchee Coordinating Council. 6. Council approval for Amendment No. 1 to the Lease Agreement with Nextel South Corporation. • END OF CONSENT AGENDA 3 Minutes -Village Council Regular Meeting 03/09/06 Page 4 ITEMS REMOVED FROM THE CONSENT AGENDA 4. RESOLUTION 13-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Atlantic Truck Center, of Ft. Lauderdale, Florida for the amount of $45,639.00 for the purchase of a Ford F650 Dump Truck, with funding coming from the Stormwater #403-250-664.600 and Water Fund #401- 411-664.600 and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Council Member Genco mentioned the Village already has one dump truck although it is not the same type of truck, and 1 front-end loader, 2 backhoes, and one Bobcat. She felt there were only two people that the Village would look at utilizing the equipment. She commented she understands that getting this equipment is in preparation of hiring people to do landscaping and maintenance. She pointed out since the Village does not have the Staff designated to operate the equipment; she indicated she would agree in principal to endorse it; but it would be subject to having the Staff prior to spending the money. She explained it does not make sense to have 7 cars in a garage for a two household family. She felt this is a very similar situation, and knows that the Village plans are to beef up the maintenance, and at that point in time then this equipment would be appropriate. She noted the Village does not have the people unless they are going to ask the administrative people to operate it. She felt they should not be asked, because it is not in their job description, and not their responsibility. Mayor Humpage pointed out this was an item that had been approved in the 2004/2005 budget. He mentioned Council approved the dump truck in the previous budget year. Council Member Genco felt it was not approved specifically as an item. She mentioned Council had discussion about the truck and it was subject to the fact that the Village would be hiring people to utilize it. She explained she distinctly recalls that discussion, because she was the one that brought it up. She stated the Village Manager had said to them at that Council meeting this was in preparation of the Village having their own staff to do the maintenance. She pointed out the Village has not hired the staff and questioned why it is being purchased at this time. Mayor Humpage reiterated it was an item approved in the budget last year, but it did not pass the first time, so now it is back before Council again for a couple of reasons. He explained in his business he has 20 pieces of equipment and only 5 employees. He pointed out it is the equipment and the nature of when it is needed. He felt it was necessary equipment to make the job go better. • 4 Minutes -Village Council Regular Meeting 03/09/06 Page 5 Mayor Humpage felt Council missed the opportunity by not purchasing this dump truck prior to Hurricane Wilma, when Public Works had to go out and pick up debris when Waste Management shut down. He indicated he was out with Staff, including Mr. Russell White, Public Services Manager and Public Works staff and they made 10 unnecessary trips because the flatbed, even with the rails, could not handle the amount of debris. He suggested this is an excellent idea, and it is at the right price. He asked if it was at the same price as it was last yeaz. Mr. White commented it was. Mayor Humpage explained one of the things that this Council is always looking to do is to better prepare themselves in the event of a hurricane. He stated they aze only 3 months away from hurricane season. He noted if the Village has trees down in the road such as in Humcane Wilma this truck, which is about 4 to 5 times the capacity would eliminate many trips to the landfill. He felt this is something Council should do, and it was in the budget, and not money Council would have to appropriate from another fund, and the price is right. He felt it gives the Village one more tool. He commented Staff could use it to move earth at the new Village Hall, and save money too. He felt Council should approve it. Vice Mayor Watkins mentioned she asked the Village Manager to bring this item back at the last meeting. She indicated this was an item in the budget and that Council had approved it. She explained Mr. White has consistently come to Council with cost savings in his department for the yeazs she has been involved m Council, and felt he would not have suggested something that he did not need, or did not have a use for. She stated she trusts him to know what he needs. She pointed out Council is constantly asking Staff to do more and more, and going towazd doing more things on their own. She believes there will be more opportunities, in addition to the one the Mayor mentioned, that Staff could have used the truck. She stated she supports the purchase, and felt it would end up paying for itself in a very short span of time. Mayor Humpage asked if the dump truck could be used at the Lineaz Pazk. Village Manager Couzzo felt the project might be completed before the truck is acquired. Council Member Paterno commented he agreed with Council Member Genco that he did not want to approve the truck the last time it came before Council, but since then he has seen firsthand that the truck would be asset. He mentioned he has witnessed them making many loads to do something when they could have done it in probably a 1 /3 of the time. He felt the biggest cost in the Village is the manpower, so whatever Council can do to make that more efficient it would be a cost savings to the community, and give the residents better service. He pointed out there aze a lot more projects coming up in the future, and this equipment could be very helpful. 5 Minutes -Village Council Regular Meeting 03/09/06 Page 6 Council Member Genco questioned the difference in capacity of the high- sided dump truck and current low-sided flatbed. Mr. White explained the current flatbed could hold about 3 yards of material, and the dump truck could hold 6 yards completely in the bed without having to worry about things falling out. Council Member Genco pointed out it is about double the capacity, not many times the capacity. She did not understand that if the Village does not have Staff why they are buying a lot of equipment. She stated she is really opposed to the fact the Village is calling in administrative people who do not have the experience using heavy equipment to operate it. Mayor Humpage commented he respected Council Member Genco's opinion, and mentioned in working with Staff it could be used. Council Member Genco pointed out Mayor Humpage does not have a million dollars in equipment. Mayor Humpage noted this item is only $47,000.00. Council Member Genco pointed out it was 2 trips instead of 1 because it is double the capacity. Mr. White confirmed it is double the capacity depending on materials. Council Member Genco explained because there is money in the budget does not mean you have to spend it. Mayor Humpage agreed, but felt this was part of the Village's hurricane preparedness. Council Member Genco questioned the Village's liability if someone not qualified to operate the vehicle goes out and hits someone. Village Manager Couzzo stated the Village would not have any people in the vehicles that are not certified to drive them, nor have the appropriate license. Council Member Genco asked what if she wanted to drive the vehicle. Village Manager Couzzo stated she would not be allowed to do that. He pointed out someone must have the proper type of license to operate certain types of trucks. Council Member Genco felt the driver did not need any special license for this type of truck. Mr. White agreed this dump truck does not require a CDL license, and most of the employees can drive them. Council Member Genco stated she would love to learn to drive a CAT. Vice Mayor Watkins asked if Council Members were driving the trucks. Mayor Humpage clarified he did not drive a Village truck; he followed them around in his personal vehicle, and threw the debris into the truck. Council Member Genco agreed Mr. White is an incredible employee, and she does not question him or second-guess him, but noted she looks at staffing, and what our equipment is, and the utilization of it. She pointed out for someone to make five trips over a few months, instead of one trip, is not a cost savings to spend $50,000.00. She explained if the Village was going to have Staff to utilize this on a weekly basis, or a consistent basis she would be all for it, but the Village does not have the staff at this time. 6 Minutes -Village Council Regulaz Meeting 03/09/06 Page 7 Mayor Humpage asked Attorney Hawkins to read the Resolution. Attorney Hawkins read for the record the title of Resolution 13-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 13-05/06; seconded by Council Member Paterno; motion passed 3-1, with Council Member Genco dissenting. 5. RESOLUTION 62-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a proposal from Terracon Services, Inc. for Landscaping and Irrigation of Tequesta Linear Park in the Amount of $79,358.50 (Account #303-399-663.675). Council Member Paterno asked for additional information on the location of the plantings. Mr. Robert Garlo, Assistant Village Manager mentioned the original design of the FEC Beautification Project/Lineaz Park, was done by Roy-Fisher and Associates. He indicated the bid specifications for this agenda item was taken from the plans, and given out to the companies listed in his memo. He apologized if the numbers were confusing, noting the Village received landscaping bids and imgation bids sepazately, and when Staff put them together, from three companies, Terracon was the lowest bid. He asked Council to consider approving the bid awazd to Terracon Services, Inc. Ms. Connie Roy-Fisher, Landscape Architect mentioned the Pazk design was before Council about a yeaz ago, which included the path, some bermmg, sabal palm trees, specialty plantings and kiosks. She explamed at that time they were asking Council for approval for a Palm Beaches Beautification grant, which the Village applied for, and received funding. She indicated that was to pay for Phase I landscaping, which is the berming, the sabal and thatch palms, and some sod. She pointed out that is what will be installed now, with the idea there will be future phases. Council Member Paterno questioned how many more phases are planned to complete the project. Ms. Roy-Fisher explained it depended on budgets, and grant applications. Council Member Paterno asked how much more would the project cost. Assistant Manager Gazlo indicated the funding that was granted in two increments from the County and the beautification grant exists through the calendaz yeaz. He mentioned the engineering and the mast arms signalization has held up some of the work done at the intersection. He explained what they are doing with the existing funding is the Linear Pazk, and bringing it south towazd the intersection, without interfering with the construction of the mast arms when they go in. He indicated all the funding was coming from a Capital Project account. Mayor Humpage asked what the Village had expended so far of the $358,000. Assistant Manager Gazlo pointed out the $358,000 was the revenue. 7 Minutes -Village Council Regular Meeting 03/09/06 Page 8 He mentioned $338,000 was given by Commissioner Kazen Marcus from her discretionary funds in two amounts: $200,000, and $135,000 plus the beautification grant of $23,000 that was approved at the last Council Meeting, totaling $358,000. He noted when the original $200,000 was given to the Village; Council did a matching grant of $200,000. He noted the total amount of the project is $558,000. He mentioned what has been expended to date, not including this bid awazd, is approximately $160,000 to $170,000. He noted the costs have been for the path, engineering costs associated with the mast arms, and Staff labor costs at a significantly lower amount than if the Village was to contract the work out. Mayor Humpage noted the Village is approximately at $248,000 including this project. Mr. Garlo agreed. He explained the number he does not have at this time is the mast arms. He mentioned the County just entered into a contract with a new bidder. He pointed out the original number for the mast arm signalization came in at $200,000, but it could be different now. He indicated he should be getting the new number within two months, because as soon as the engineering is at 100%, the County will put out a bid, and the Village could piggy-back their contract. Vice Mayor Watkins indicated it was nice to see the project started, since everyone had been waiting for something to happen. She mentioned just cleaning out the trash, and starting the pathway has been a great improvement. She commented she was glad to see that it was done in- house since it saved the Village some money. Mr. Gazlo indicated people aze already using the path. Council Member Paterno felt the remaining $260,000 was basically to cover the mast arms, and any money left it would be used for landscaping. Mr. Gazlo agreed. Council Member Paterno thanked Mr. Garlo for a great job on the work and clean up, and felt once the trees are in people are going to be surprised how beautiful the azea will be, and that it will be used to roller skate and walk the path. Mayor Humpage pointed out that the difference in the numbers were with the irrigation and landscaping. He noted the Village has already confirmed with Terracon that the irrigation is anon-issue, and that the Village can move forward at the cost provided in their bid. Mr. Gazlo indicated he spoke with them regazding the dispazity in the numbers, and that is their bid. He noted if Council awazds the bid, they will start the project, and they will be held to their figure. Council Member Genco asked for clarification on the irrigation. Mayor Humpage noted the only company that provided the Village with irrigation in their proposal was Terracon. He commented both Rood and Aiello was absent of the irrigation system. He mentioned their numbers were somewhat similaz but lower than Terracon, since Terracon included the irrigation. Mayor Humpage pointed out he wanted them to understand if Council approved this bid, it would include the imgation. Council Member Genco mentioned Terracon has the $15,800 for irrigation. 8 Minutes -Village Council Regular Meeting 03/09/06 Page 9 Mayor Humpage noted there is a $31,000 disparity between the others and Terracon. Council Member Genco indicated the Village is going with what they feel is the lowest and best bid. Council Member Paterno asked when the anticipated completion date was for this work. Mr. Garlo indicated the project was starting immediately. Council Member Paterno asked whether the project would be finished in 30 days. Assistant Manager Garlo indicated the irrigation also needed to be installed. Ms. Roy-Fisher mentioned she had not talked to them about their schedule, but suggested giving them two months. Mayor Humpage felt the irrigation needed to go in before the shrubs were planted. Council Member Genco commented this was just the first phase of the plantings, and there would be another phase for plantings. She indicated these were the larger planting materials, and the smaller flowering and accent pieces will be coming in at another time in the budget. Council Member Paterno agreed, and confirmed that would need to be budgeted. Attorney Hawkins read for the record the title of Resolution 62-05/06. MOTION: Vice Mayor Watkins moved to approve Resolution 62-05/06; seconded by Council Member Paterno; motion passed 4-0. VII. COMMiJNICATIONS FROM CITIZENS - Mr. Basil Dalack, resident of Golfview Drive and incoming Council Member mentioned the 3`d anmversary of the Iraq War is coming up next week. He indicated he was thinking of ways to commemorate the horrible event. He proposed a couple of suggestions: 1) All houses of Worship starting this weekend and next weekend, consider starting and fighting the Iraq War with our notion of morality; 2) Council consider a Resolution, that he will submit next week when he takes office. He commented he will give the original to the Clerk, but will distribute it so every Council Member has a copy in advance. He asked that the Resolution be placed on the next Regular Council Meeting agenda. Mr. Dalack noted another item he would like placed on the April agenda is consideration to hold, either the last Thursday of the month, or some other convenient date, a Meeting, patterned after the New England Town Hall Meetings. He stated this is where the citizens discuss matters of great public importance. He mentioned that could be items such as Palm Beach County voting mechanisms, etc. He indicated he has attended several meeting at the Supervisor of Elections office, and felt the Palm Beach County voting machines are deplorable. Mayor Humpage clarified with Mr. Dalack the following items for the April 13, 2006 Regular Council agenda: 1) Council consider having Town Hall Meetings. Mr. Dalack responded yes, and suggested once a month; and 2) Offer a Resolution to Council for its approval. Mr. Dalack stated he would read only the title of the Resolution for the record. 9 Minutes -Village Council Regular Meeting 03/09/06 Page 10 Mayor Humpage mentioned he did not have a problem with the Town Hall Meetings if Council wanted to consider the item. He stated he believes every American citizen has the right to vote in the National elections. He noted he did not know if he wanted to entertain the thought of getting into a major political statement. He mentioned he would not be comfortable with the Resolution. Mr. Dalack suggested Council discuss it next week. Vice Mayor Watkins stated she did not want to discuss it. Mayor Humpage stressed he did not want to discuss, and that Mr. Dalack would need a consensus of Council to put that on the agenda. Council Member Paterno agreed with the Mayor. Mayor Humpage reiterated he did not want to make a political statement, and stated that it is the right of every citizen in the room, and every resident in the Village of Tequesta, and it should be exercised at the poll, or other venues of our Congressmen or Senators. He mentioned he would support Town Hall Meetings, but would not support the second item. Mr. Dalack mentioned Council did not need to do it this evening. Mayor Humpage stated he did not want it on the agenda. Mr. Dalack stated he read the Village Charter, and Resolutions and Ordinances are adopted pursuant to Florida Statute Chapter 166. He indicated he did not see any requirement that there be approval of Council beforehand for a Resolution. Vice Mayor Watkins stated it takes a consensus of Council to place something on the agenda. Village Manager Couzzo explained it is a policy of Council to determine what item goes on the agenda. Mayor Humpage agreed and stated the item would have to have a consensus of Council to place it on the next agenda. Mr. Dalack asked Council to consider placing it on the next agenda. Attorney Hawkins stated there would need to be a consensus of Council, so Council would need a showing. Vice Mayor Watkins stated she was opposed to placing it on the agenda. Mayor Humpage stated he would support Town Hall meetings on the agenda, but would not support the Resolution Mr. Dalack wanted to place on the agenda. Council Member Paterno indicated he totally agreed with the Mayor. He mentioned he was taken back by the Resolution. Mr. Dalack pointed out there are 170 municipalities in the United States that passed Resolutions against the war, before the waz, and 75 municipalities that have passed Resolutions since the war began. Mayor Humpage stated that is their right. Vice Mayor Watkins stated she did not mind discussing Town Hall meetings, but she did not want to see that Resolution on the agenda. Council Member Genco stated the way Council has been established; Council Members aze non-partisan. Mayor Humpage agreed they aze not republicans, democrats or independents. Council Member Genco stated that is only one part of the issue, however, Mr. Dalack mentioned something about a Florida Statute. She indicated she would like to know more about it, as faz as, whether or not the Council's policy of requiring approval by the Council to put something on the agenda complies with Florida Statutes. She stated she is interested in knowing that, because she feels that is the larger issue. She felt the Council policy does not have the right to conflict with or override the Florida Statute. i 10 Minutes -Village Council Regular Meeting 03/09/Ob Page 11 Council Member Genco indicated once she had that answer then she would know how she felt about placing the item on the agenda. She stated Council is a non- partisan platform, and subject to fording out whether any one of Council could place a Resolution on the agenda, she would have to reserve her opinion. Attorney Hawkins stated he could not answer the question as to whether or not the policy would conflict with the Florida Statute. He suggested he would reseazch the issue, and if it is determined that the policy does conflict then Council could place it on the agenda, and deal with it at the April Meeting. He stated if the research concludes, and he will report it to the Village Manager, that the Village policy in compliance with the Statute then their action as of this evening would stand. Council Member Paterno agreed if that is what the State Statute is Council would need to put in on the agenda. Attorney Hawkins stated absolutely, and then Council would address their views at that session. He noted Council Member Genco's comments are well taken, but he is not sure of what the statute requires. He stated he did not think the Village conflicted, but he would look into it. Consensus of Council agreed to place the subject of Town Hall Meetings on the April agenda, and have Attorney Hawkins determine whether Council is in compliance with the State Statute; then give Mr. Dalack that information, and if the Village is in compliance, then it is the consensus to not place the item on the agenda. Council Member Genco noted it was her opinion to not place it on the agenda, mainly because of the non-partisan requirement. Consensus of Council agreed. - Mr. Joe Baker, resident of Fairview East and 30 year resident mentioned he had concerns with Code Enforcement of items in people's yazds, whether it be boats, trailers, or sheds, etc. He stated he had a code enforcement officer at his house the other day, and it appears in terms of height, how high can a boat or shed can be. He explained the Code Enforcement Officer told him there was no definition on the height. He felt it had to be addressed somehow. Mayor Humpage asked if he was speaking about the height of the boat or shed, or the shielding of those items. Mr. Baker commented he was talking about if someone has a boat, shed or caz that it needs to be shielded on three sides. He felt if it goes above the shielding it would be in violation. He asked what is the definition of how high that shielding is. He commented there are a number of boats in the Country Club, and he has had one over the years, and his has always been below the fence or in his garage. He stated he has seen a number of boats over the years where they protrude quite a ways above the fence, or they are not covered at all. He indicated his neighbor has a boat that is shielded with a 5 foot fence, but the boat sticks up 10 or 12 feet, and is probably to big to launch at the community boat dock. He asked Council to advertise the meeting in the newspaper so the public could attend. Mayor Humpage indicated there has been discussion on this topic prior to this evening. He mentioned Council has not made any decisions, and hopefully the Village will have workshops on the issue. f 11 Minutes -Village Council Regular Meeting 03/09/06 Page 12 Mayor Humpage explained the height for fencing is 6 feet. Ms. Catherine Harding, Community Development Director agreed the maximum height for fencing is 6 feet. Mayor Humpage pointed out Council is trying to address the issue, and trying to make people happy, not angry. Council Member Genco explained they have had the same issue brought up many times during the last year. She mentioned the Village is in the process of doing a draft ordinance to revise the code. She pointed out the Village was looking for some citizens that were willing to give input on the preliminary draft. She mentioned Mr. Baker's point is being addressed, but may not be addressed as quickly as he wants. Police Chief Steve Allison commented the Police Department for many years interpreted the Ordinance the way Mr. Baker interpreted the ordinance. He noted they made a test case a few years back and the Special Master throw it out, and the ordinance was unenforceable as written for the tuna towers sticking out above the roof. He felt the ordinance needed to be fixed, and the intent was that the boat should not be seen with the screening. He stated the Special Master disagreed with the Police Department. Council Member Genco stated the rule does not specify what exactly it needs to specify. Vice Mayor Watkins explained the boat issue was one of Council's top priorities for a Workshop. She noted Council wanted to make sure the notice went out so the public could participate. Council Member Genco asked for the status of the workshop. Vice Mayor Watkins commented Council was waiting until Mr. Dalack was seated on Council, and then set the date. She questioned whether it would be a good idea, since the boating issue is primarily focused on the Country Club, to have the Country Club come forward with ideas, and have their association get together. She felt that would help the Village along. Mr. Baker mentioned the Tequesta Country Club Association (TCCA) discussed it at their last meeting. He pointed out TCCA has a committee member that has been appointed the liaison to the Village, and they are going get with Staff regarding the issue. Mayor Humpage indicated the Village would be interested in getting a copy of the TCCA meeting minutes. Council Member Genco asked if the Board's restrictions were more specific than the Village's rules. Mr. Bill Becchi, resident of Country Club Drive and TCCA Board member mentioned he was present as a resident and not representing the Board. He explained back in November there was a group of boaters before Council, and the majority of people at the meeting were boaters in the Country Club. He noted they were concerned about attending the workshops, and giving their input on what Council was going to do in terms of changing the code, or making the code more specific so that everyone had a clear idea of what the rules were. He mentioned the TCCA Board did a survey, and the survey came back 50/50 across the board for the people that responded. He indicated only 46% responded. He explained the President of TCCA, Ms. Lori Rogers, who is also an attorney, felt that TCCA should not say one way or the other, nor form an opinion as a community to bring that opinion to Council. She felt that it could influence Council one way or the other. 12 Minutes -Village Council Regular Meeting 03/09/06 Page 13 Vice Mayor Watkins asked if the Board did not get a clear mandate. Mr. Becchi responded in the affirmative, and indicated the Board told the residents if they were interested in pursuing the issue, then bring it to Council's attention. He stated there is no pleasing everyone, so the Board did not want to decide one way or the other. Council Member Genco asked how many people that live in the Tequesta Country Club Association are members of TCCA. Mr. Becchi commented there are 598 homes, and the only way to know if they are members, are if they pay dues. He indicated about 70%, 362 have paid their dues and are members. He commented people pay later in the year. Council Member Genco mentioned when Council hears the opinions of the Association; she wanted to know approximately how many people TCCA represented in the Village. She thanked Mr. Beechi for the information. Vice Mayor Watkins noted back in November and December when Mr. Leslie and others attended the meetings, Council assured them they would be notified of the Council meetings to discuss the boat issue. Council Member Genco asked what the ranking was for the boat issue on the Workshop schedule. Village Clerk Gwen Carlisle felt the boat issue was ranked high, but would have to check Council's list. Council Member Genco mentioned Council had planned to have this workshop with Planning and Zoning Board, and if the workshop was one of Council's top priority; she suggested have the Village Clerk go ahead and look at the calendar and schedule the meeting after Mr. Dalack has taken office, so that Council could have the workshop in April, instead of waiting another month. Mayor Humpage agreed, because there would be more residents present. He noted there are other areas besides the Country Club interested, so if they were to get into an ordinance change, Council would need to consider everyone. Consensus of Council agreed to have the clerk schedule a Workshop after April 13, 2006 to discuss the boat issue. Mr. Beechi mentioned Council could enforce boat restrictions on one side of the street, but not on the other side of the street. Council Member Genco indicated that is unincorporated Palm Beach County, and the Village cannot enforce their codes. She pointed out at a recent Council Meeting Commissioner Marcus agreed to provide the Village with funds to do Code Enforcement in those areas, and hopefully Council will be addressing that matter at a future meeting. She pointed out those areas are so far away from where the County has to come that they do not get the attention needed. She explained it was noted at the Joint Workshop in February, Council wanted those areas to be enforced, and Commissioner Marcus offered the Village some funding to address the code enforcement in those pocket areas. She stated she hoped that would be on our next Council Meeting agenda. Mayor Humpage pointed out the codes will not be the same in unincorporated Palm Beach County. He pointed out if this occurs then the Village would only be able to enforce the County codes. I J 13 Minutes -Village Council Regular Meeting 03/09/06 Page 14 Village Manager Couzzo advised Council that he had a meeting scheduled with Commissioner Marcus this past Monday regarding this issue, and she needed to postpone it. He advised he would let Council know of the rescheduled meeting. Mr. Beechi noted the boaters that were present at the previous Council Meetings did not necessarily represent everyone in the Country Club; they represent their own interest as boat owners. Mayor Humpage indicated this issue was political and maybe the answer was to do a referendum, and let the entire community vote. Council Member Genco commented when the Village does a zoning code change the public has to vote for it when it is something significant like that. She stated this could end up being significant. Attorney Hawkins stated the Village would have to change the zoning ordinance. Mayor Humpage felt a zoning change did not necessarily need to be done by referendum it could be changed by Council. Attorney Hawkins agreed, and noted it would have to go to a first and second notice procedure. Mayor Humpage stated if this became a volatile issue or an issue of great interest Council could make it a referendum item. He stated the majority would rule. Mr. Becchi stated Mr. Doug Fuette, a former President of TCCA is the liaison to the Village. He commented he is also on the committee and would report back to the Board. He mentioned the Association takes minutes and he could provide a copy to Council once they were transcribed. Mayor Humpage commented everyone will be noticed, and it will be put on the Village website of the meeting date. Mr. Beechi questioned golf carts on the Country Club Drive bike path. Mayor Humpage stated that is another issue that Council discussed two meetings ago, and will be addressed in the future. He stated the Police Department has the authority to enforce the State Statue, which is no golf carts are allowed on the pathway, or on public roads. He mentioned Council is trying to come up with an amiable solution, and that will be another workshop. VIII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER PATERNO Tequesta Drive Bridge - He thanked Staff for the hard work, and Council Members on the efficient and quick action regarding the Tequesta Drive Bridge. He mentioned he was out at the bridge one day and spoke with the engineer, and the engineer said this was one of the fastest bridge repairs that he has ever done in 20 years. He stated being only 3 weeks from the day he got the job and start of the plans, to the completion date. Council Member Paterno felt everyone needed to be commended for the hard work. He stated also the residents are very happy that it has been reopened, so that they can go back and forth. Village Capital Projects - He indicated he was thrilled with the new projects coming up: Village Hall, Constitution Park, Linear Park, Cypress Drive, the Street Lighting Program along Tequesta Drive, and the new well and chlorination system. He mentioned the new chlorination system is changing from gas chlorine 14 Minutes -Village Council Regular Meeting 03/09/06 Page 15 to liquid, which would be safer for the community and the employees who work at the Plant. Public Works Department - He wanted to thank Assistant Village Manager and Director of Public Works Robert Garlo for doing a great job expanding the Public Works Department. He mentioned between Mr. Garlo and Mr. Russell White, Public Services Manager they seem to be getting a lot accomplished with very few people. He felt they were dedicated and hard working employees, and the Village is very lucky to have these people. Vice Mayor Watkins agreed noting there are many good things going on in the Village. VICE MAYOR WATKINS Education Forum Meeting/JTJB Chamber of Commerce -She mentioned she attended the meeting this morning, and School Board Superintendent Art Johnson is calling for public and legislative awareness about the funding for Florida schools. She explained Florida Schools rank 45th out of 50 states, per person spending, and that she wanted everyone to be aware so to look for the information or contact their state legislators. Council Member Genco asked if the School Board was for or against the voucher program that was recently proposed. Vice Mayor Watkins commented she could not speak for them, but would assume they were against it because it pulls funding away. Council Member Genco commented it would probably provide more funding for our .public schools, if it did not go through. Vice Mayor Watkins encouraged everyone to read up on it. COUNCIL MEMBER GENCO Public Safety Officers Pension Board of Trustees -She explained an issue has been brought to the Board where the Board has been trying to work with Jupiter Inlet Colony to allocate funds that are being paid with their Insurance premiums to the State. She explained a portion of the funds that are paid (when the city pays their insurance premiums) goes into state pools. She indicated part of that premium goes into a pocket that benefits firefighters and policemen. She pointed out in this case Jupiter Inlet Colony is serviced by the Village's EMS program. She commented because of that the Village's firefighters are entitled to receive that portion of the state insurance money. She stated if Jupiter Inlet Colony would work with the Village, and adopt a resolution in support of that, then the monies that they are already paying, that are being kept by the State would come back to the Village's EMS department, and result in a pension benefit for our guys. She mentioned to some degree, because of the problems between them and the Village, relating to mail service, and maybe a few other things, they have done nothing to date. She indicated they received a copy of the resolution and a letter, and have been approached, and nothing has happened. She explained she was hoping the Village Council would write a letter explaining how this is not costing them anything. She pointed out they have already paid the monies, and it is simply putting the money back into a local pocket. 15 Minutes -Village Council Regulaz Meeting 03/09/06 Page 16 Council Member Genco mentioned Pension Board Attorney Jensen had written Jupiter Inlet Colony a very nice explanation of it. She asked if Council could send a letter to each of their Council Members, asking them to please endorse this at a Council Meeting. She felt that way they would have more opportunity to move forwazd. Mayor Humpage commented Council Member Genco had brought the information to Council about two months ago, and nothing has been done. Council Member Genco stated it has been longer than two months, probably five months ago. Mayor Humpage explained the Board Attorney sent the resolution to the Clerk at Jupiter Inlet Colony. Council Member Genco pointed. out the Mayor and Clerk knows about the issue. She explained if Council could send a letter to each Council Member it would give them an opportunity to discuss as a group, and decide whether or not they want to put it on their agenda and vote to pass the resolution. She indicated the Village sent them a sample resolution so they do not need to spend any money drafting the document, and the Boazd has an attorney's opinion explaining exactly what she has described to Council. She noted it would not cost them anything, and maybe if Council sent them a letter the Village may be able to push this thing forward. Mayor Humpage agreed that was a great idea. Council Member Paterno questioned whether it would be in the best interest of the Village to have someone go to their meeting to represent the Village if needed. Council Member Genco stated the Village has offered and it has not gone anywhere. Mayor Humpage commented firstly, they need to accept the fact that the Village is interested, and maybe they would invite Council or Staff over there. Council Member Genco noted the Board has actually offered, contacted them and sent the information. She mentioned it has not been a top priority for them, because of the election, or other matters. She indicated if this is not done by a certain time, the city could lose the money for that yeaz. She stated the Public Safety Boazd would like to start capturing that money, so the sooner the better off the employees would be. Consensus of Council agreed to send a letter to each Council Member at Jupiter Inlet Colony. Village Manager Couzzo indicated he would take care of the matter. MAYOR HUMPAGE Village Employees - He mentioned he was very pleased with Staff that has worked so hard with the Tequesta Drive Bridge issue. He indicated they did a great job, and went beyond the call and everyone pitched in. Publix Site Plan Update - He asked Village Manager Couzzo to give an update on the new Publix. Village Manager Couzzo mentioned Staff has been working with Publix for the last two weeks to finalize some issues. He explained Ms. Catherine Hazding, Director of Community has been using some creative techniques to finalize the site. He stated it appears they will be opening on April 6, 2006. He explained at the end of the project they have a punch list of items to finish up. 16 Minutes -Village Council Regular Meeting 03/09/06 Page 17 Village Manager Couzzo commented Publix before they get ready to stock the store and commit to it, four weeks before the project they want to make sure everything is done. He stated Staff has made an arrangement with them to ensure everything was done. He mentioned they worked it out with the Attorney to issue them a Certificate of Occupancy (CO) with a contingency to present a Cashiers check to bond the rest of the work in the amount of $75,000. Council Member Genco asked the status of the landscaping in the plaza. She mentioned they were supposed to be upgrading the landscaping and the center walkway with trees. Village Manager Couzzo indicated Ms. Harding is working with them on a daily basis. He explained Ms. Harding went so far to hire an independent landscape architect to ensure the quantity and the quality, and the character of the materials is what the Village wanted. Ms. Catherine Harding, Director of Community Development mentioned they had an original plan that was approved by the Planning and Zoning Advisory Board, and they did not comply with that fully, so she hired an outside consultant to review the work they had done from the original plan, and they were very cooperative and coming into compliance. She indicated Publix would give everything on the plan and more that was required of them. Council Member Genco explained she knew there was more landscaping on the approved plan, other then what they put in. Ms. Harding commented the Village was looking for 60% of native plants, and they are complying with that. She mentioned she had issues with them, but they were very good about it. She indicated the owner of the shopping center is totally cooperating with Staff, so she felt everything would be great when it was completed. Village Manager Couzzo mentioned Staff had the good fortune of going inside the facility the other day, and it is a rather unique looking store inside. He pointed out it is not the typical Publix layout, the bottom half looks like the other stores, but the top half looks like a European Village setting. He noted it was huge, and would have everything, everyone would want. IX. NEW BUSINESS 7. Council discussion and possible action regarding the Tequesta Drive Bridge traffic and weight limits. Mayor Humpage gave a brief synopsis of the Village accomplishments regarding the Tequesta Drive Bridge repairs. He mentioned many people called and were so pleased the bridge repairs were done quickly, so the bridge could reopen. He commented one of the primary concerns Council has heard from the citizens was reopening the bridge to particular types of traffic, such as the school buses, to get the children to school earlier to prevent all the additional time. He commented that was the primary focus of the discussion this evening, noting everything was set to go, and the Village received another notice from the State earlier today; he commented they are using extreme due diligence and having everyone check out the bridge. 17 Minutes -Village Council Regulaz Meeting 03/09/06 Page 18 Village Manager Couzzo mentioned the Village completed its work on the bridge last week, and what has happened is the Village has an engineering recommendation from Bridge Design Engineering Associates that put together the plans for the repair of the Bridge. He noted in that recommendation, he is recommending the bridge weight limit not exceed 25 tons. He mentioned the State, who also does bridge inspections, has contracted with a Tampa firm to do inspections, and they came out yesterday to look at the bridge and start their analysis. He recommended to Assistant Manager Gazlo that the Village get a preliminary report from them as to what they think should happen with the bridge. He mentioned Mr. Gazlo spoke with them, and the Village has received a letter regazding the discussion. Assistant Village Manager Robert Garlo mentioned he spoke with the engineer from Kisinger Campo and Associates (KSA) yesterday when he was doing the post-repair inspection that is required by Department of Transportation (DOT). He commented Council received the draft report the engineer was sending to DOT. He summarized the process: the engineers data will be given to DOT, and DOT will take the data and do an analysis on it, and do a load rating based on the information. He stated DOT's requirement is to do the report within 45 days. He indicated the Village has been getting a lot of cooperation from the DOT, and could get the report much sooner. He mentioned in the absence of the completion of the load analysis, KSA's recommendation was to keep it, in the current condition, at 5 tons and 15 miles an hour until the numbers are projected. He stressed also the engineer indicated to him that he would expect, based on the data, that the allowable load limit would be close to the engineers recommendation from Bridge Design Engineering Associates. Council Member Genco asked if their recommendation after the repairs was going to be to close to the 25 ton. Mr. Gazlo responded in the affirmative. Village Manager Couzzo indicated he spoke with the bridge design engineer and advised him of KSA's report, and he was not surprised at their recommendation. Council Member Genco clarified that the DOT recommended the weight limit of 5 tons, and the speed limit of 15 mph should be left in place. Village Manager Couzzo stated that was correct, noting that he spoke with the Village Attorney, and the Village Attorney contacted the Council individually after receiving the engineering report late this afternoon. Attorney Hawkins pointed out since Council is dealing with a public safety, health concern issue; he felt the Village needed to err on the side of caution. He recommended Council abide by the direction given in the report, to maintain the current limitations, until they have further evidence in their files. L' 18 Minutes -Village Council Regular Meeting 03/09/06 Page 19 Council Member Genco explained getting the letter was frightening to her, because the Village's engineering report may be valid, it possibly may not be with a real weight load bearing test, and 25 tons may not be the weight factor that the bridge can take. She stated in the mean time the Village has people violating the 5-ton. She asked if Staff could put out a flashing sign, or something. Village Manager Couzzo noted Staff was looking into that, and the police department has been aggressively enforcing it. He mentioned Police Chief Allison is out there personally doing it himself. He noted the Chief pulled over a bus and truck yesterday. Council Member Genco commented they are doing a great job, but she missed the signs, and she lives here, and others may not see the sign. She suggested something blinking would help. Consensus of Council agreed to a blinking sign. Village Manager Couzzo explained the Village was not anticipating getting this letter from the engineers, and it kind of was a surprise. He stated he was confident that the Village's engineering numbers are on the conservative side. He explained the State (DOT) is going to come in a look, and will not commit until they have done their final analysis. Council Member Genco commented in preparation of having a higher weight limit then the 5 tons, would there be anyway to find out if the school buses could go to a smaller vehicle if the bridge goes to a 15 ton weight limit. Village Manager Couzzo indicated Staff would check with the School Boazd and advise them of the bridge limitations and make recommendations. Council Member Genco indicated then they could stazt looking at whether or not they have buses, and do some rerouting, and if Council makes some changes they will be prepazed to implement right away. Assistant Village Manager Gazlo indicated Staff would talk to the School Boazd's transportation department. He pointed out he expects to have the final report from DOT with a load rating maybe within a week or two. Village Manager Couzzo agreed, and felt the Village should encourage them and assist them in expediting the analysis. He noted at Council direction if they wanted to have a Special Meeting to address the report. Vice Mayor Watkins commented the primary thing since the bridge re- opened was the calls that Council has received were in reference to the school buses. She mentioned she understands it is a terrible inconvenience, and it is time, and they have to go around and are on a schedule. She explained she was also surprised to get this letter late this afternoon talking about leaving it at the 5-ton limit. She stated in her opinion, she does not see the Village having a choice, and if that is what DOT is recommending, that is what Council has to do. She suggested Council should be looking ahead, since they know the bridge will need to be addressed again, that the Village should be thinking towazd possibly 19 Minutes -Village Council Regular Meeting 03/09/06 Page 20 budgeting a design for the new bridge, and looking forward to the next step down the road. Council Member Genco explained former Mayor Dorothy Campbell said the Tequesta Drive Bridge was deeded over to the Village by the DOT at some point in the 1970's. She stated if the Village is going to build another bridge is it possible to look to DOT for helping us, because she would not want the Village to own it. She stated the Village needed to look at that, because the Village is responsible for all the maintenance. Village Manager Couzzo agreed the Village could look into it, but felt the DOT's position would be the same as the Village's; they would not want to own it. Council Member Genco commented they own all the rest of the bridges. Village Manager Couzzo pointed out the County owns a lot of them. He stated the State has to take monies out of their tax base to maintain the bridges, so the ones they can get off their list, they aze going to try and do that. Council Member Genco agreed with Vice Mayor Watkins, that Council would probably need to discuss at a workshop in the future. She stated because a lot of the population that uses the bridge does not live in Tequesta; she felt the Village needed to look at some kind of joint consortium to do this and maintain the bridge. Attorney Hawkins stated he felt it was a regional resource. Council Member Paterno felt it was a good idea to put up a flashing sign on the tonnage limit. He stated our own engineer said 25 tons, and the estimate is 5 to 7 yeazs for usage of the bridge. Village Manager Couzzo felt that estimate was based on the other spans that would then need to be replaced. He stated there is another product that is revolutionary to extend the life of bridges. He mentioned there may be other options. Council Member Paterno noted at the same time in his engineering report, the one the Village hired, said going forwazd every year the Village may have to reduce the tonnage, because the bridge is going to get more wear and teaz on it. He stated he would like to keep the tonnage low in order to have some longevity to the bridge. He stated it would be very costly, and at the same time residents on both sides of the bridge like the lower tonnage, because it has cut down considerably on the through traffic, and they felt their quality of life with the children was safer. Council Member Paterno stated in reference to enforcement of the bridge limits in the future there is a possibility of having cameras to record license plates of people going over to record tonnage. He suggested the Village could send the violators a letter and/or a ticket. He felt the Village should explore it, and some of the technology that is available now, as a community to make it safer for the bridge and our community. He felt this would be a great opportunity for the Village. Village Manager Couzzo commented in regazd to the cameras he was going to submit a proposal to Council to do that. 20 Minutes -Village Council Regular Meeting 03/09/06 Page 21 Village Manager Couzzo mentioned Council Member Paterno was correct; the Village could issue tickets if the ordinances are set up correctly. He commented the technology is there, and the Village could look at child predators and felons that have outstanding warrants, and match up license plates. He commented the Police Department would do it automatically. Council Member Genco commented she understood in the case of commercial vehicles, because they have not actually seen the person driving the truck the Village could not issue a ticket. She stated if they do not have a commercial license to be in the Village, the Police Department could issue some type of fine, or a warning if they see the truck again without the license, or violating the tonnage. Village Manager Couzzo noted Staff will take a look at the legislation, and maybe there is a chance to modify it to some degree. He indicated Council Member Genco was correct the Village could do that. Mayor Humpage asked the Chief how the cameras work. He asked if the camera photographs the vehicle and has the tag number could the Police Department cite the vehicle, do they have to know who the driver is. Police Chief Steve Allison stated they have had cases where the owner has been called to the scene, and they fired them on the spot for violating tonnage or speed limits. He commented the Police Department has had a lot of cooperation from the commercial businesses. He felt sending a letter that they were in violation would really help keep the route clear. Mayor Humpage clarified if he drove a truck over the bridge that is 10 tons, and the camera photographs the back side of the truck with the tag, can the Village of Tequesta write a ticket to that vehicle, or does the Police Department have to know the operator of the vehicle, and view the operator. Chief Allison stated unless the law has changed very recently, the Police Department would have to know who the operator is. Council Member Paterno asked how does the Turnpike do it when they send the $100.00 fine, and/or a parking ticket when they do not know who is in the car. He felt they gave it to the car, not necessarily the driver that parked it there. Chief Allison commented he would check into it, but noted the Village's transponders have failed and the police department gets the warnings back from the State. Mayor Humpage stated for example if someone goes through the Sun Pass lane and you do not have Sun Pass, they do not get the picture of the person driving, they get the vehicle. Council Member Genco indicated they send a warning. Council Member Paterno stated the first time they send a warning. Mayor Humpage asked if Staff could look into that. Chief Allison commented he would check it out. Council Member Genco stated if it is a commercial truck and it is not licensed to do business in the Village, the Police Department could get them from that side. Mayor Humpage agreed, and stated they may not have a permit, either. 21 Minutes -Village Council Regular Meeting 03/09/06 Page 22 Council Member Genco felt that was the whole point, if that is the case, the Village should send them a letter fining them for violating our commercial code requiring them to pay the license fee, and a warning that if it happens again the police department will do whatever they need to do. Village Manager Couzzo indicated he will give Council the information tomorrow regarding the cameras, and the police department is going to aggressively enforce the weight limits. He felt it was a good suggestion, and Staff will try and have the flashing lights by the end of the day tomorrow. Mayor Humpage mentioned this Council meeting was to help the citizens, and the children using the school buses. He commented what he finds absolutely amazing after he got the letter; since he has kept every sheet of paper on this bridge since they started, all the State reports and looked at the dates; that the Village of Tequesta can attack a problem like this bridge, take the old one apart, and replace it in 7 days. He noted the concrete chippers from the State need 45 days to figure out if the bridge is any good. He stated he is absolutely astounded by that fact; he felt someone needed to build a fire under these State guys. He stated they need to get some resolution here, this Council is trying to do the right thing, and the Staff works hard, and while they were out in the barge looking around, it could take less then 45 days, but within 45 days, and Village replaced the entire bridge in 7 days. He stated this Council would make every effort, and this Staff, to pressure the State providing this information as soon as possible. He suggested if they would like to call their State representatives and tell them, the public would like to have the information on this bridge, as soon as possible, so that the Village could do something for the school children. Village Manager Couzzo mentioned State Representative Joe Negron has already been working on the Village's behalf to try and get some funding to help offset the Village's costs to repair the bridge. He stated Staff will put a call into his office tomorrow, and he probably will be pleased to call the Secretary of the Department of Transportation. Mayor Humpage stated he agreed with Council, that they have to take public safety first; and foremost. He noted as the Attorney said, if Council was not to go along with the State recommendation, and use the Village's engineer opinion, and someone was injured the Village could be wide open for a lawsuit. He felt the Council does not have a lot of options. (Public Comments) Mr. Joe Baker, resident of Fairview East commented he has been told he is not allowed to take a car with a trailer behind it over the bridge. He asked if that was still in place. Mayor Humpage stated 5- ton weight limit is in place. Mr. Baker asked if that is total weight. Mayor Humpage agreed. 22 Minutes -Village Council Regulaz Meeting 03/09/06 Page 23 Mr. Baker pointed out, the weight signs on the bridge aze inconsistent; the one on the west side says "5 ton", the one on the east side says "5 ton net". He explained the difference is "net" is empty, and suggested the word "net" needed to be removed from the sign. Consensus of Council agreed. Mr. Basil Dalack, resident of Golfview Drive, and incoming Council Member asked if the 15 mph speed limit was still in effect. Mayor Humpage stated yes. Vice Mayor Watkins pointed out 5 tons, 15 miles per hour. Council Member Paterno pointed out the one thing that was addressed about the trailers, he felt Council only allowed passenger vehicles 5 tons, no trailers. He stated that was so the Police would have a little easier time at policing it, so if someone goes over with a truck and he is pulling a trailer, the police does not have to question whether it is over or not. He explained he thought Council had discussed no trailers at one time. Council Member Genco commented she came over with an empty sea-doo trailer, and they would not let her over the bridge. She felt that the Village has to be reasonable about it, and felt the restriction was for commercial trailers. She commented someone with a boat or sea-doo is not a problem. Mayor Humpage stated the person with a backhoe, or bobcat on the back of the lawn truck is a problem. Council Member Genco stated the officer did the right thing, because that is what Council's rule was, so she does not have any fault with it. She pointed out there needs to be some reasonableness to it. Council Member Paterno commented he understands, but for Chief Allison he needs some direction as to what it means. Council Member Genco stated it has to be reasonable, but if you have a passenger caz, with an empty trailer that should be allowed. Council Member Paterno stated no commercial trucks. Council Member Genco agreed no commercial, but felt Council needed to allow the Police Department to have discretion on that. Mayor Humpage commented he felt the Police Department was doing a great job. Council Member Genco agreed they are doing a phenomenal job. Mayor Humpage stated this afternoon he saw a lawn maintenance truck pulling a trailer with a bobcat on it, so he thought about turning azound following it to see if it would have violated the rule. He mentioned the police department cannot be everywhere, and he felt they were doing a great job. Council Member Genco commented that is through traffic; and through traffic is not suppose to be allowed. Mayor Humpage pointed out in the morning is when predominately that type of traffic is crossing the bridge, when people aze going to work and then coming home in the afternoon. He suggested maybe the police department could enforce those restrictions during the am and pm peak hours. • 23 Minutes -Village Council Regular Meeting 03/09/06 Page 24 Vice Mayor Watkins commented she did not remember the discussion regarding personal vehicles pulling trailers, so is it allowed or not. Mayor Humpage stated it is, but the police department will use their discretion. Council Member Genco pointed out Council had said no trailers. She pointed out apparently they were concerned with the closed trailers coming through, attached to vehicles, which who knows what could have been there. She stated she did not have a problem with giving the police officers some discretion to use common sense on some of those things. She mentioned when Council gave the police department the blanket order they enforced it completely, and totally proper. She felt knowing the Village is going into alonger-term situation; maybe Council needs to give them a little discretion. Vice Mayor Watkins asked Chief Allison if that direction was clear to him. She commented she wanted to understand what the Chief understood this to mean. Mr. Baker asked how they would establish the weight of a vehicle going over the bridge. He asked what happens when the Village has a 25-ton limit, are they going to go back and say tractor-trailer, and the Village not knowing what is inside the vehicle. Council Member Genco noted the problem is they do not have anything to weight it. Mr. Baker pointed out the police has scales they weight the vehicles. Mayor Humpage stated that could cost the Village a small fortune to implement that. Chief Allison agreed the police department would exercise their discretion. He noted they would concentrate on the commercial vehicles, the big landscape trailers. He stated he will have someone out there at the peak am and pm hours. He felt it does make sense to let some of the smaller lightweight trailers cross the bridge. Council Member Genco noted Council did not allow any discretion before and did not see a problem with giving it to the police department. Council Member Paterno commented from the standpoint of through traffic when they are not going over the bridge, they are going by Council Member Genco's on Country Club Drive. He commented he is trying to address a through problem, because when the police are out there working, it could be a small thing, but it is a commercial vehicle going through, and there is a 5000 pound limit, so from a practically point, sometimes he has to just let them go, and the Village ends up back where they were a month ago with through traffic. He stated he is just trying to bring that out, and does not want the through traffic. Council Member Genco commented if someone has a couple of gallons of pool cleaner, they are servicing the Village, and the residents in the Country Club, Tequesta Point, or Bermuda Terrace, or whatever, those are not the people Council is concerned with. She felt if Council said no trailers, police have to enforce it that way. 24 Minutes -Village Council Regular Meeting 03/09/06 Page 25 Council Member Genco stated Council has not given them discretion; and suggested giving them the discretion to use their common sense when they are implementing this for the Village. Consensus of Council agreed to give the police department discretion to use their common sense when they are enforcing the restrictions. 8. RESOLUTION 60-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the purchase of a 4000-gallon Fuel Tank from Glasgow Equipment Service, Inc., in the amount of $55,186.00. This purchase by the Public Works Department is part of the Village's Hurricane Preparedness Program. Cost to be funded by the existing Hurricane Wilma Reserve Contingency account #001-990- 599.902. Attorney Hawkins read for the record the title of Resolution 60-05/06. Assistant Village Manager Robert Garlo mentioned the Village once again is in hurricane preparation. He stated one of the things the Village saw last year was a critical fuel shortage after Hurricane Wilma. He indicated after reading the Village's Emergency Management Plan it is the responsibility of Public Works to ensure the availability of fuel during an emergency. He suggested Council consider the purchase of this fuel tank to be housed at the Public Works Facility. He noted this would provide for both gas and diesel fuel for the Village during and after an event like last year. Council Member Genco asked if that was the reason the tank was split. Mr. Garlo stated yes, and mentioned he spoke with Mr. Russell White, Public Services Manager and he has machinery over at the Water Plant that requires diesel fuel that is necessary during restoration after a storm. He indicated the Village also ran into a problem getting Regular gasoline after the storm, so this would allow them to fuel up police cars. Mayor Humpage noted last year they used a plastic container on wheels, which is considerably more dangerous. He mentioned this would keep the Police and Fire trucks in fuel in the event we need them. He commented this is why the Village has this money in place to make our preparations. Vice Mayor Watkins noted we are very fortunate the Village is small enough that Council is able to do this sort of thing, and provide for the citizens. She noted she was for anything that would help the Village is this manner. Council Member Paterno asked if the Village was going to use this all year round, or just store for emergency purposes. Mr. Garlo stated the Public Works and Utility Departments would probably realize a cost savings in bulk fuel, if they use for the equipment continuously. He indicated whether they extend it to the entire fleet, he has not yet discussed that with the Village Manager, but they could look at that. 25 Minutes -Village Council Regular Meeting 03/09/06 Page 26 Mayor Humpage commented with the shelf life they would want to keep the fuel moving, and with the bulk purchase the Village is going to save money and dollars per gallon over the long haul. Mr. Garlo indicated public works and utilities would be using the fuel. Village Manager Couzzo noted they are going to try and provide it to the entire fleet. He indicated the Village would be buying it directly from the Port at a much better price. Council Member Paterno commented in reference to the $408,000, it says the actual cost to repair and restoration is expected to be less than appropriated. He asked how much money would be left over, not spent, after this item. Mr. Garlo stated he did not have that exact number, only because all the repairs have not been completed. He noted he is confident with purchase they still will be able to do complete restoration and repairs and not exceed that $408,000.00. He mentioned a significant savings came from debris removal. Mayor Humpage commented it came in at $90,000.00 instead of $130,000.00. Mr. Garlo stated the original estimate was $155,000.00. MOTION: Vice Mayor Watkins moved to approve Resolution 60-05/06; seconded by Council Member Paterno; motion passed 4-0. 9. RESOLUTION 61-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Chaz Equipment Co, Inc. of Wellington, Florida, in the amount of $110,000.00 for the Rolling Hills Water Main Extension installation, having been budgeted FY 2005/2006 in Water Utility Fund #401 account #401-414-662.637 in the amount of $110,000.00 and the RO Well 4 Pipeline installation in the amount of $298,000.00 having been budgeted FY 2005/2006 account #401-414-662.641 in the amount of $327,500.00 and authorizing the Village Manager to execute the applicable contracts on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 61-05/06. Mayor Humpage passed the gavel to Vice Mayor Watkins, and stepped out of the room 9:00 P.M. MOTION: Council Member Genco moved to approve Resolution 61-05/06; seconded by Council Member Paterno. (Vote to follow at end of discussion) Mr. Russell White, Public Services Manager mentioned this is two pipelines: 1) Rolling Hills loop, which the Village is doing to help the system hydraulically increase pressure and flow to some of the northern areas of the system; and 2) RO Main is for the new well the Village is drilling over by the Public Service Building. 26 Minutes -Village Council Regulaz Meeting 03/09/06 Page 27 Mr. White stated the Main needed to be installed before the well was completed, so they can develop the well. He mentioned the contractor that bid on the Rolling Hills loop gave the Village a good number on the water Main; then gave a good number for the Change Order (CO) to do the RO Main. He commented if this item is approved, they would do the RO Main immediately, that way the Village would be sure to meet the timeframes for the Well. Vice Mayor Watkins commented she knew it was a tight timeframe. Council Member Genco pointed out the $110,000.00 was something Council already addressed at a prior Council Meeting, because it had to do with Rolling Hills, and they approved the water extension. She noted the $298,245.00 was not something that Council addressed in the budget, because it did not really exist at that time of the budget. Mr. White commented that is correct. Council Member Genco explained if she added those two numbers together that comes to $408,245.00. She stated she has some questions about the math, mostly about the $298,245.00 would be coming out of a Capital Outlay Fund, which did not have this item budgeted. Mr. White explained they did pull money out of Reserves and appropriated it to that Fund. Village Manager Couzzo felt the money was approved, because Staff came to Council to discuss expanding the system and the grant money the Village was going to receive. Council Member Genco commented the $700,000 dollars, and then Mr. Bill Reese talked about he was not certain. She stated she remembered they had some subsequent conversations about whether or not the Village would have to do the water extension. Village Manager Couzzo clarified the grant was approved for the extension of the piping, and the new well. He indicated the Village accepted the grant and appropriated the funds from the Capital account, because the money was in there. He noted this item was now addressing the contract, and it was a creative way of doing it; hitching on to the previous contract, so both of those contracts go together. He stated when they did this initially they knew they were under incredible time constraints as faz as getting this done, and being in accordance with the time of the grant. He stressed they thought it would be advantageous to the Village, initially, and long term to have this additional resource. He commented Staff has negotiated, as the Council approved, with the well driller, and it came in less then what Council had authorized. He commented that well drilling contract has been executed and the well driller will be onsite next Friday. He stated it was kind of like the bridge; stated he does not know why the Village always seems to find ourselves in these timeframes, but this has got to be done real fast. He pointed out the money was there. Council Member Genco agreed, to get the grant money the Village was proceeding with this; she understood and was not in disagreement with it. 27 Minutes -Village Council Regular Meeting 03/09/06 Page 28 Council Member Genco stated if Council was taking money out of the Capital Outlay Fund, which it appears they are taking out $327,000.00. Mr. White stated $327,000.00 was for the pipeline. Council Member Genco felt the math was not working, because she was adding $110,000.00 to 298,245.00, and came up with $408,245.00. Mr. White agreed, and noted $110,000.00 was in the Capital Expansion Projects Fund. He stated the $110,000.00 and the $298,000.00 comes to the $408,000.00, but if you take the $327,000.00 and $110,000.00 there would still be plenty of money in the budget. Council Member Genco commented the $327,500.00 really was not budgeted. Mr. White pointed out they re-appropriated the funds and amended the budget for the $327,000.00. Council Member Genco questioned why taking $408,245.00. Mr. White commented the funding was coming from two separate accounts: the amended budget that was appropriated, or money that had already been approved in the original budget. He mentioned the RO well money was appropriated and the budget was amended, Rolling Hills was budgeted for in the original budget. Council Member Genco stated she agreed these two items were $408,245.00. Mr. White responded that is correct, and noted out of the $408,000.00, $110,000.00 is out of the Capital Expansion Projects Fund, that has a budget of $110,000.00. Council Member Genco pointed out that is line item 637, and line item 641, is $327,500.00. Mr. White stated that is where the $298,000.00 would come from. Council Member Genco asked what would happen with the rest of the money. Mr. White mentioned it says there, and if they do not use it and everything goes smoothly, they will not spend all of the $408,000.00; it goes back into the Reserve. Council Member Genco stated that is what Staff needs to do; they need to transfer that money back into the Reserve. Mr. White pointed out when money is budgeted for something like this, as soon as the project is completed that money will go back, but if something happens during this pipeline where they need a change order for $5,000.00 or $10,000.00 Staff still has the money in there so they do not need to come back to Council and re-appropriate more money. Council Member Genco commented the total remaining difference is $81,245.00, and that is a lot of money. Mayor Humpage indicated that money would go back to Reserves. Mr. White stated when they budget they need to be cautious, because it is hard to budget for the future. Council Member Genco indicated she was ok with that, but as Council Member Paterno has pointed out to Council before that once there is a line item that has a budget savings, that should automatically be transferred back into the Reserve fund. Mr. White stated that is the case, as soon as the project has been completed, the purchase order is closed out and the money goes back to Reserves. 28 Minutes -Village Council Regular Meeting 03/09/06 Page 29 Mr. White noted it would not sit there for the rest of the year for Staff to use it. Council Member Genco explained it used to sit there and be clipped away. Mr. White stated when the purchase order was closed the money is gone, so it is no longer there to spend. Council Member Genco commented this is large item, because Council did not budget for it originally, and she wanted to make sure the money goes back. Vice Mayor Watkins asked if the Village is on the timeframe regarding the grant. Village Manager Couzzo commented the timeframe with the grant is very aggressive, and they are pushing as hard as they can. He mentioned they have not cut ground yet, so they do not know what problems they are going to incur there. He indicated Staff is guardedly optimistic that they are going to meet the deadline. He mentioned hopefully the Village does not encounter a hurricane. Mayor Humpage returned to the room at 9:05 P.M. Council Member Paterno mentioned he is conscious of that extra money, and as long as everyone understands it is to be automatically transferred back when the Purchase Order closes. He stated he would like that reflected in the minutes. Village Manager Couzzo stated it goes back, like the Tropic Vista project that was closed yesterday. Council Member Genco stated Staff did a great job. Council Member Paterno felt this was a great project, and he has confidence that Mr. White will get it done, because he has got it this far. Vice Mayor Watkins returned the gavel to the Mayor, and stated they previously had a motion, and second. Motion passed 4-0. X. ANY OTHER MATTERS Vice Mayor Watkins commented Council was going to set the next workshop date. Village Manager Couzzo suggested the Village Clerk contact Council to coordinate a workshop date. Mayor Humpage commented Council had set the workshop priorities and suggested the Clerk give Council some dates. He noted the primary issues at this time were the Boat Issue, then the golf cart issue. He commented these two issues should be addressed after incoming Council Member Dalack is seated. Consensus of Council agreed to have the Clerk arrange dates and coordinate schedules with Council and Mr. Dalack. Council Member Paterno commented he had a few people tell him they were happy about the "No fishing on the Bridge:, especially the lady whose son was caught with a hook going under the bridge. He mentioned the family feels more comfortable now going under the bridge. [~ 29 Minutes -Village Council Regular Meeting 03/09/06 Page 30 Council Member Paterno indicated others told him for safety sake, they thought is was prudent to restrict the fishing from the bridge. Mayor Humpage commented there was an incident in Delray Beach where a boy caught a fish off the bridge, and he was reeling it in and the line broke. The boy feel back and the truck ran over him because there was no back guardrail. Council Member Genco stated she appreciated Council addressing that issue, because it was something they talked about many times at Council Meetings. Vice Mayor Watkins mentioned she and her fellow Council Members were looking forward to having Council Member Dalack join them. She stated it would be nice to have a full Council again. A resident of Tequesta commented talking about people fishing from the bridge, he has seen people fishing on the rocks. Mayor Humpage noted he did not mind that as much, as long as they do not throw their lines in the water. Mayor Humpage indicated he has not seen anyone fishing lately. Council Member Genco asked if the police department had a hard time enforcing the fishing restrictions. Police Chief Allison indicated there was no problem. Ms. Betty Nagy, resident of Shay Place asked if the notice for the Boat workshop meeting was going be placed in the Smoke Signals. She mentioned this workshop would not only be for the people in homeowners associations, but for all Tequesta residents. She felt there were other people in the Village that had the right to give their input. Mayor Humpage agreed, but noted the timing of the Smoke Signals may not work out with the meetings, because it is a quarterly newsletter. He stated they will get the message out to everyone in the Village, and they could do a dialogic message. Village Manager Couzzo stated Staff would do a small ad in the Jupiter Courier also. Ms. Nagy agreed, noting it is such an important issue and everyone has the right to voice their opinions. Mr. Joe Baker, resident of Fairview East thanked Council for the dialogic messages the residents have received. Council Member Genco commented the Police Chief brought forward that item to Council. Mr. Basil Dalack, resident of Golfview Drive and incoming Council Member asked if there was a public service section in the newspaper that will publish notices of meetings. Mayor Humpage stated the Village does that. Mr. Dalack commented so the Village does not pay unnecessarily; he asked Council to consider any request by a Council Member to have an item placed on the agenda is a matter of discretion, he felt it has to be placed. He stated if you read any resolution, there is a place for a second to the motion; there is an offer, then a second, and if no one seconds the motion the resolution dies. 30 Minutes -Village Council Regular Meeting 03/09/06 Page 31 Mr. Dalack stated if they do not like the item that is their privilege. In addition, he felt any member of the Village has the right ask any member of the Council to propose a resolution or ordinance, or whatever. He commented if Council does not pay attention, he thinks they have that right. He felt when it comes to putting something on the agenda it is not discretionary whether it would be accepted or not. He commented it would save the wear and tear on the law books, and on the Village's bank account. Council Member Genco explained they had discussed that originally when Council developed the policy, but the Council decided to change it to what they are currently using. She stated at this point in time, since Council is questioning that policy, either Council revises it as Mr. Dalack suggested, or if Council chooses not to revise it that way, which would have been following Roberts Rules and adhere to the policy Council established then they have no choice but to be assured that the Village is legally correct. Mayor Humpage commented he believed the previous policy was any Council Member can request something be put on the agenda, but then Council rescinded that and it had to be a consensus of Council to place something on the agenda. Mayor Humpage asked if Attorney Hawkins could take a look at this. Village Manager Couzzo suggested another way would be to have Staff look into it, and if there were any questions, he would call Attorney Hawkins. He commented he would also review with Mr. Dalack. Mayor Humpage stated he wanted Council and Mr. Dalack to be comfortable with this, because everyone has to work together. Council Member Paterno asked for clarification on the issue. Village Manager Couzzo commented Staff would take a look at the issue, and confer with the Attorney and see if it required any additional research on Mr. Hawkins part. He felt in his opinion the issue may remedy itself very quickly. He commented if there is a statute in place, they could read it and make an interpretation, and confer with the Attorney if a recommendation is needed. Council Member Paterno summarized if the Statute and the Village's policy are conflicting Council would go with the Statute, but if the Village's policy does not conflict, then Council is staying with their policy. Consensus of Council agreed. XI. ADJOURNMENT MOTION: Vice Mayor Watkins moved to adjourn the Meeting; seconded by Council Member Genco; motion passed 4-0. The ~f re the Meeting wa/s.adjourned at 9:15 P.M. Gwen Carlisle Village Clerk 31