HomeMy WebLinkAboutMinutes_Regular_01/10/2006MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
TUESDAY, JANUARY 10, 2006
I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by
Mayor Jim Humpage at 7:02 P.M. A roll call was taken by 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. Attorney Hawkins was not scheduled for the
meeting.
IL INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Paul Beresford gave the invocation. Council Member Paterno led in the
Pledge of Allegiance to the flag.
Council Member Paterno mentioned Mayor Humpage helped his neighbors, and
took the time from his own job to help other people during the hurricanes, and
went far and beyond what would be expected of him. Council Member Paterno
• presented a token of appreciation to Mayor Jim Humpage to honor him and show
him the Village's gratitude for his work over the past year. Mayor Humpage
thanked everyone and stated he enjoys being out there, doing the work, because
he finds out a lot of the community needs. He mentioned it has taken everyone on
Council to do the business of running the Village, and whether they are in the
limelight or behind the scenes it takes the whole Council to make things happen.
III. PRESENTATIONS AND PROCLAMATIONS
1. POSTPONED TO A FUTURE MEETING
Presentation on Workforce Housing -Commissioner Karen Mazcus,
District 1
IV. APPROVAL OF AGENDA
Council Member Paterno asked for a correction to Consent Agenda Item 3,
November 29, 2005 Workshop Meeting Minutes: Page 6, Pazagraph 2, Line 3,
Delete the word "increase". Consensus of Council agreed.
MOTION: Vice Mayor Watkins moved for Approval of the Agenda; .seconded by
Council Member Paterno; motion passed 4-0.
•
Minutes -Village Council Regulaz Meeting 01/10/06
Page 2
• V. UNFINISHED BUSINESS
2. Continued from December 8, 2005 Regular Council Meeting
Consideration and possible action by the Village Council regazding
allocation of funds for charitable and non-profit organizations, with funds
being derived from account #001-100-582.800 Council's Aid to
Organizations, with a 2005/2006 budget allocation of $40,000.00.
Village Manager Couzzo summarized at the previous Council meeting, the
Council decided to increase the allotment for Aid to Organizations to $40,000. He
noted Staff is bringing this back to Council as directed by Council. He asked
whether Council was prepazed to address the disbursement of funds at this time.
He .mentioned this could be done at a future meeting if it was Council's
preference. He noted the change has been made and those funds are available to
use at their discretion.
Mayor Humpage noted Council does not need a motion on this item, because the
increase was already approved. He suggested Council take into consideration that
there will be a new Council member coming on boazd after the March elections.
He noted as Council allocates those funds there should be some sense of reason of
how these funds would be disbursed. He mentioned Council itemized their
preference for the upcoming workshops, and suggested doing a similar task for
• distributions of the donations. He felt it would be nice to allow the new Council
Member to be involved. Vice Mayor Watkins agreed, and pointed out Council has
the remainder of the year to get through and they do not know what may come up
down the road, so Council does not need to allocate it all at this time.
Mayor Humpage suggested in the next month each Council Member submit their
requests and after the new Council Member comes on board then address the
issue. Council Member Genco asked if Council could get a quarterly .update on
the contributions so they would know the balances. Village Manager Couzzo
agreed. Mayor Humpage stated the Council has spent $11,300 so far this fiscal
yeaz. Village Manager Couzzo indicated Council would receive the current report
in the next few days. Consensus of Council agreed.
Council Member Genco presented a check to Ms. Carol Beresford for Council's
donation for Hannah's House. Ms. Beresford thanked Council, and mentioned she
truly appreciated the contribution, that many things would be going on in the next
few months, and the contribution would be a great energizing force and
excitement for all at Hannah's House.
(Public Comments)
Ms. Dorothy Campbell resident of Eastwinds Circle asked for Council to keep in
mind the cost of caze for the animals at Busch Wildlife Sanctuary. She mentioned
• since Council had more money to donate she would ask them to consider donating
additional funds to Busch Wildlife. She thanked Council Member Genco for the
$500 contribution to Busch Wildlife from her discretionary funds.
2
Minutes -Village Council Regular Meeting 01/10/06
• Page 3
Ms. Campbell pointed out there were pamphlets placed on all the chairs for
anyone that would want to contribute. Mayor Humpage explained he was working
at Ms. Campbell's house the other day on an electrical issue, and she had the cost
of daily caze the Wildlife incurs to treat the animals. Ms. Campbell noted she gave
that cost to all the Council Members. Mayor Humpage mentioned he was
surprised at the daily cost. Ms. Campbell mentioned her grandson asked as a
Christmas gift for him to sponsor one of each animal for one day feed and care,
and it came to $67. Council Member Genco asked if Council had made a donation
this yeaz to Busch Wildlife. Village Manager Couzzo indicated it was for $1,000.
Council Member Genco suggested maybe Council could do more for them.
Mayor Humpage mentioned the Wildlife Sanctuary was close and good for the
youth in our azea.
VI. STANDING REPORTS
VILLAGE ATTORNEY -None
VILLAGE MANAGER
- Village Hall Construction - He mentioned the residents were now starting
to see the building come out of the ground. He felt the building was about
30% done, the walls were taking shape, and the 2"d floor would go up in
• the next couple of days. He pointed out it was one week ahead of
schedule.
Tequesta Drive Bridge - He mentioned the Staff met this morning with the
State consulting engineering firm to take a look at the Tequesta Bridge. He
indicated they took their calculations and plan to do an analysis, and
hopefully they will get a recommendation back to the Village shortly. He
stated they were suppose to come out in March for the annual inspection,
but came out this morning.
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.
MOTION: Vice Mayor Watkins moved to approve the Consent Agenda; seconded by
Council Member Paterno; motion passed 4-0.
Therefore the following items were approved on the Consent Agenda:
3. Village Council Workshop Meeting Minutes November 29, 2005.
4. Village Council Regular Meeting Minutes November 17, 2005.
3
Minutes -Village Council Regular Meeting 01/10/06
Page 4
5. Village Council Regulaz Meeting Minutes December 8, 2005.
6. RESOLUTION 40-05/06 - A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, Authorizing a Change
Order to Diversified Drilling, Inc., of West Palm Beach, Florida, not to
exceed $755,000.00, for the Drilling of RO Well #4, with funds available
in Water Utility Fund #401 2005/2006 Budget, in Account #401-414-
663.341 and Authorizing the Village Manager to execute the Applicable
Change Order on behalf of the Village.
7. Reschedule the Council Regulaz Meeting of February 9, 2006 to February
16, 2006.
8. Council approval to purchase a Gator John Deere CX Utility Vehicle for
the Parks and Recreation Department in the amount of $4,263.18 budgeted
from account # 001-230-664.600 and piggybacking the Hernando County
State Contract #03-515-03.
END OF CONSENT AGENDA
VIII. COMMUNICATIONS FROM CITIZENS
Mayor Humpage mentioned when he was doing electrical work for Ms.
Campbell the other day he was surprised to find out that in 19 months it
would be the 50th anniversary for the Village of Tequesta. He mentioned
23 %Z years ago Ms. Campbell and her associates were instrumental in
putting together the 25th anniversary of the Village in which they planned
all kinds of events. He mentioned Ms. Campbell has a scrapbook of the
Village and he saw of everything that had occurred in the Village over the
yeazs.
- Ms. Dorothy Campbell resident of Eastwinds Circle announced they were
planning to have a party on June 4, 2007. She mentioned a group was very
ambitious 25 years ago, and that they had a week worth of parties. She
distributed a copy of the 25th anniversary birthday celebration agenda that
went to all the residents of Tequesta. She mentioned the group consisted
of 17 people, and they worked with every social and civic agency of the
Village. She noted June 4th would fall on a Monday, and perhaps the
Village could consider a 4-day celebration. She explained she was
bringing this up early, because there was a lot of work to do, and it takes a
lot of time. She mentioned she was volunteering her time and Ms. Alice
Klieman, who was the previous executive director of the Chamber of
Commerce. She noted they were probably the only people left that were
on the original committee. She reviewed the 25th anniversary agenda, and
asked Council to look it over for anything of interest.
4
Minutes -Village Council Regulaz Meeting 01/10/06
• Page 5
Ms. Campbell noted the committee also published a book about Tequesta,
and its eazly yeazs, and the adoption of the Indian logo. She felt this could
be a real fun day for everyone. She noted she would like to pick her own
committee, so that everyone could work well together. Ms. Campbell
mentioned she had a scrapbook, and she would bring it in for Council to
review, but she would hold on to it until the new Village Hall was opened,
and then she would return it to the Village. Vice Mayor Watkins thanked
Ms. Campbell for keeping track of everything. Mayor Humpage thanked
Ms. Campbell and felt if she needed any help with the committee he may
know some people that would be interested in helping.
- Mr. Russell von Frank, resident of Dover Road and former Council
Member mentioned as he was going azound collecting signatures for the
Mayor many people asked him and pointed out code violations. He
distributed pictures to Council showing various locations that could have a
code violation. He showed storage in outside areas, a fence in disrepair,
and an above ground swimming pool, which was not allowed in the
Village. He noted the prohibited plants species and that they do not apply
to Rl, R1A, and R2 Districts.
Mr. Von Frank also presented a model to Council on the proposed Atlantis
project, noting what it would look like if they used a cubed architectural
look. He indicated he was opposed to the project. Mayor Humpage noted
the pictures of the code violations would be given to the Community
Development to look into the situation.
- Mr. Cazl Hansen, resident of River Drive mentioned the disrepair of the
streets in the Country Club, especially Golfview Drive. He indicated he
could not really blame the Village for the conditions, because he felt a few
years back when ENCON put in the sewer system they did not do the job
correctly. He suggested Council consider getting ENCON involved in the
cost to help the Village fix the roads. Mayor Humpage agreed that made
sense to contact ENCON. Council Member Genco stated at the time she
questioned the compaction and density, and was told everything was fine,
and now there seems to be a problem. She stated obviously there was
something that was not done correctly. She stated if the compaction ratios
and density were done correctly, the Village would not be having the
sinking problem. Village Manager Couzzo indicated the Village would re-
inspect it, and suggested the work may still be under warranty. Mayor
Humpage suggested the Village check all the roads in the Country Club.
Council ,Member Genco suggested looking at all the streets collectively
that had the sewers put in.
•
5
Minutes -Village Council Regulaz Meeting 01/10/06
• Page 6
IX. COMMUNICATIONS FROM COUNCIL
VICE MAYOR WATKINS
- Congratulated Fire Chief James Weinand and Staff on the Palm Beach
County Commission Fire Rescue level of service standards, which the
Village has met. She felt this was a great for a Village this size.
Florida League of Cities Draft Resolution -She mentioned the FLC was
asking the Municipalities to adopt a Resolution that supports "urging
members of the Florida Legislature to support the League's key priority
issues during the 2006 Legislative Session". She mentioned the letter
Council received asked that copies by sent to the Governor no later than
Friday, February 24, 2006. She asked Council if they would consider this
item for February Regular Council Meeting. Consensus of Council agreed
to place it on the February agenda.
- Jupiter Inlet Natural Area -She mentioned during the yeaz Mr. Cory
asked Council for any ideas or concerns they would like to address. She
commented one of the items that she expressed was the property on the
corner of U.S. One, going over to the Island, where it says Welcome to
Tequesta. She felt the area did not look good even before the hurricane.
• She indicated Mr. Cory contacted her over the holidays and they met with
two representatives from the Department of Environmental Resources
Management. She noted they were going to burn the two lots that front on
U.S. One, but they had complaints from the residents close by, so they
choose to burn off more interior lots. She indicated they aze going to try
and do the burns on the front two lots in the next two yeazs. She
mentioned they can not specify a date at this time for the bum, but they
plan to come in with a group of volunteers and pick up the trash and debris
toward the end of January. She noted they also plan to bring in a loader
and move some of the fallen trees during the clean up.
MAYOR HUMPAGE
Thanked Fire Chief Weinand and Police Chief Allison for their work with
the FPI, and the ICE program. He mentioned the Village is actively
guazding against predators, and sent out his kudos to both Chiefs.
- Municipal Elections - He mentioned the elections would be held on
March 14, 2006, and there were three seats available for people to run. He
noted the candidates must qualify between noon, Tuesday, January 31,
2006, and noon February 14, 2006. He commented candidates must be a
resident of the Village, and for the record he was going to try and stay
around for two more yeazs. He mentioned it seemed like he was just out
getting signatures to run, and things just got going, and now it has come
around again.
6
Minutes -Village Council Regular Meeting 01/10/06
• Page 7
COUNCIL MEMBER PATERNO
Police Bicycle Patrols - He mentioned he has gotten a lot of positive
feedback on the police department and the bicycle patrol. He pointed out
people have noticed it, and think it is a great idea, and it helps with the
children. He felt it was good to see the policemen out there going positive
things. He mentioned it was good also seeing the boat out for safety
reasons with the young children, since they sometimes get out of hand on
the jet skis. He commented the police were there to help educate them.
- Village Council agendas - He asked if there was a better way to provide
the residents with what is on the current agenda, or upcoming agendas. He
suggested possibility getting the agenda out a little earlier, or if there is
going to be something important to the community let them know ahead of
time. He suggested publicizing or emailing out the tentative things that
would be on next months agenda, etc., maybe put on the website. He
mentioned everyone is always asking for this information, and if anyone
had any ideas how better to inform the public and make that information
available to them. Village Manager Couzzo noted that was a good idea,
and possibly a draft agenda could be created and put on the Internet.
Council Member Paterno noted he would like to see upcoming
development issues included on agenda. He asked if it could be emailed.
Consensus of Council agreed it could be emailed. Vice Mayor Watkins
mentioned it was a very good idea, but wanted to make it clear that it is a
draft and could change. Village Clerk Carlisle suggested the upcoming
agenda items be in a table format for what is coming in the next three
months. Consensus of Council agreed. Mayor Humpage felt a tentative list
was a good idea, and it could have items such as the Florida League of
Cities item that Council suggested go on the next meeting date. Village
Manager Couzzo pointed out it could also have the 1St and 2°d readings of
an ordinance. He noted the Community Development Director could look
at upcoming issues and have them included on the list.
Tequesta Website - He noted he would like more departmental use of the
Internet, such as Parks and Recreation registering on-line. He explained
JTAA has over 1600 participants and everything is done over the Internet,
and that they do not need staff, and there fees are automatically deposited
into the bank account. He suggested maybe the Village could start
developing some of these programs for the Parks Department, and the
Water Department. He pointed out Staff has to personally open each
envelope, process it, and put it into the bank. He felt that is time
consuming and if it was on the Internet it would be done automatically. He
pointed out it may cost the Village 2% but it may save 10% in time.
7
Minutes -Village Council Regular Meeting 01/10/06
• Page 8
- Council Workshops - He asked if Council was going to address anything
in reference to future workshops. Village Manager Couzzo noted it was
not on the agenda. He mentioned as a follow up to the discussions Council
has had, Staff complied a list of items Council indicated they would like
addressed in a Workshop. He noted it was sent to Council, but if they
would like to have as an agenda next month, he could do that. Council
Member Genco felt the idea of compiling the list of Workshops was to
rank them and have the workshops. Mayor Humpage noted Council had
spoke on various items for Workshops and to come up with some dates.
He commented one of the things he was concerned about was they were
only 5 months away from the Palm Beach County Fire Station # 11 lease
expiring. Village Manager Couzzo explained what Council had decided to
do was send it back to them and get a final draft agreement. He noted the
Village has not yet received it from PBC. Vice Mayor Watkins indicated
she came away from the last meeting with the thought the Village was
leaving the lease as is. Village Manager Couzzo felt the Village had
thrown it back to them.
Pastor Paul Beresford mentioned he wanted to thank Mr. Greg Corbitt, Director of
Parks and Recreation for the wonderful job and the time spent to go azound on
Christmas Eve and give out gifts along with the Fire Department and Police
• Department. He felt it was a great event.
Council Member Genco noted when Council addressed it last time they
were in favor of renewing the lease, and what they wanted was to get more
information. Village Manager Couzzo indicated it was to get more
information on the term. Council Member Genco asked what it was the
Council needed to evaluate before Council made a decision to move
forwazd. Council Member Paterno commented his interpretation was
different. He noted Council wanted them to come back with a lease, let
them go through the cost of having their attorneys draft it, but at the same
time some Council members had concerns how it was going to work out if
they were not there. Council Member Genco asked to see the information
that had come back to 'the Village. Mayor Humpage stated nothing has
come back from the County. Vice Mayor Watkins felt if the Village has a
five-month deadline something needs to happen soon. Council Member
Paterno mentioned he spoke with Fire Chief Weinand about a week ago in
his office, and he had mentioned he had put it on their table and they have
not gotten back to him. Council Member Genco suggested writing them a
letter, and tell them the Village would like to know within the next two to
three weeks whether they aze in agreement with the Village in principal or
whether there were areas they were questioning. Village Manager Couzzo
noted one of the areas of difference was the term of the lease, the amount
of years. He felt the Village wanted to keep the lease a shorter term to give
the Village options.
8
Minutes -Village Council Regular Meeting 01/10/06
. Page 9
Council Member Genco asked if Council could get some kind of response
by the next Council Meeting of where they stand, and if there is anything
the Village could do to move the issue forward. Village Manager Couzzo.
noted Staff would write Chief Brice. Consensus of Council agreed.
Council Member Paterno asked if Council was just interested in leasing it.
He felt there was other discussion that maybe the Village could do it, or do
other things more than just lease. Maybe taking over, trying to work with
them, contract it. Mayor Humpage agreed that was discussed, because if
the station did close under the agreement aid the Village would have to
respond as 1St responders, and because they have that section in their ad
valorem base, the 3 mills. Council Member Genco agreed that was the
extent of the conversation. Mayor Humpage commented the Village has
never gotten anything back, and June 1St is going to be here. Vice Mayor
Watkins indicated the Village would certainly want Chief Weinand's input
on the lease. Mayor Humpage suggested picking a date for a Workshop.
Council Member Genco indicated Council may want to wait and get their
response back first, and dependent upon what they say, then Council can
decided whether or not they need to schedule a workshop. Village
Manager Couzzo suggested placing the Fire Station item on the next
agenda so Chief Brice could come to the meeting. Mayor Humpage asked
if Council wanted to set a date for a workshop. Vice Mayor Watkins
• questioned whether Council needed a workshop on the issue.
Council Workshops -She noted she did the math on the ranking of
workshops, and 1St one was the Code revisions, and the 2°d was the joint
meeting with Planning and Zoning on Golf carts and boats, and 3`d was the
joint meeting with the County and Jupiter, which was tied with permitting
and impact fees. Mayor Humpage suggested taking two items and set a
date for workshops. Council Member Genco commented the C-2 code
revision is in the process, and asked when was Council going to receive a
draft. Village Manager Couzzo noted the zoning in progress is nearing
completion and almost ready to bring to Council. Council Member Genco
suggested going ahead and scheduling the workshop for the Code
revisions, such as C-2, outside storage etc. Council Member Paterno
questioned whether that would include the parking of trailers. Council
Member Genco noted the workshop would be on all code revision on the
list provided to Council. Mayor Humpage suggested the Clerk send out an
email to Council to come up with a date for the Code Revision workshop.
Consensus of Council agreed to schedule a workshop on code revisions.
Village Clerk Carlisle pointed out the County is tentatively scheduling the
Joint Workshop with Martin County, and Jupiter for February 16, 2006 at
2:00 P.M. She indicated Tequesta was still waiting to hear back from
Commissioner Marcus's office, because they were still trying to schedule
all the entities.
9
Minutes -Village Council Regular Meeting 01/10/06
• Page 10
Council Member Genco suggested setting up separate meetings, with
Jupiter and Martin County if needed, with an open invitation to the others,
so that the meetings could start taking place. She pointed out with the
Martin County issues they are in the process of permitting some of these
things and they are moving ahead. Mayor Humpage agreed they were not
waiting. Council Member Genco felt it would be too late for Tequesta to
make the comments that Council would want to make, and hopefully
incorporate them. Council Member Paterno noted the morning of February
16~' there is a Pension Board Meeting. Mayor Humpage suggested Council
Member Genco work with the Clerk to come up with a couple of dates for
workshop meetings.
- Beach Road Association Annual Meeting - He mentioned he received the
email that was sent to the Village Manager in reference to the Beach Road
Meeting. He asked if the Mayor could elaborate more on the meeting far
the public. Mayor Humpage noted he attended their meeting yesterday to
update them on some of the highlights going on in Tequesta. He
mentioned he showed them renderings of the new intersection and linear
park. He reviewed what the Village would be doing on the west side of
Beach Road for landscaping. He noted it was a great meeting, and found
the people to be very friendly, and after discussing the Capital Projects,
• they discussed annexation. He noted he told them there was a level of
service that the Village could offer to them, so it is a matter of the
residents making their own decision where they want to go, because it
would be more costly to come into the Village. He indicated it was a very
honest and open discussion, and at the end of the meeting, there was a
Q&A session. He indicated it would be good neighbor to good neighbor,
the Village could help them with some of their issues, for example the
unincorporated area of Beach Road, and they could help us in other
matters. He commented the whole time he did not hear one complaint, and
they felt the Village was moving in the right direction.
Mr. Carl Blasi, resident of Beach Road and an Alternate Member of the
Planning and Zoning Advisory Board indicated it was a very good
meeting, and everyone enjoyed it.
COUNCIL MEMBER GENCO
Construction Permit Time -She asked if the days and hours for
construction and repairs because of Hurricane Wilma were going to being
extended. Mayor Humpage noted they would not be extended. Village
Manager Couzzo agreed.
•
10
Minutes -Village Council Regulaz Meeting 01/10/06
• Page 11
X. NEW BUSINESS
9. ORDINANCE 603 -FIRST READING - An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida Providing
Vegetation Standards for Proximity to Electric Facilities; Prohibiting
Interference with Utility Services; Providing for Civil Penalties; Providing
for Severability; Providing for Repeal of Ordinances in Conflict;
Providing for Codification; Providing an Effective Date.
Village Clerk Cazlisle read for the record the title of Ordinance 603. Ms.
Catherine Hazding, Director of Community Development introduced Mr.
Don Kiselewski, Florida Power and Light. Mayor Humpage mentioned
during the hurricanes Mr. Kiselewski kept in constant contact with the
Village, and' he was the guy the Village could go to when they had
questions. He noted he did a great job, and thanked him for his service.
Mr. Kiselewski reviewed how the Village has got to the point of
addressing the ordinance. He mentioned several months ago FPL did a
presentation to Council regazding undergrounding of powerlines, within
the Village of Tequesta. He commented as an outgrowth to the discussion,
there was discussion on what to do to mitigate damage to overhead
. facilities from vegetation. He indicated what Council has before them is an
ordinance based on FPL's Plant the right tree, in the right place document.
He mentioned what the ordinance does is it encapsulates basically the
document and codifies it, and this allows FPL to go in and trim the trees
where people may not allow them in the yard. Vice Mayor Watkins
commented it was more common sense, but she did notice it was referring
to new vegetation going in and replacement. She felt it could help keep
more people with power, and supported the ordinance.
Mayor Humpage asked if this ordinance allowed FPL to go on people's
property and trim the trees if necessary. Mr. Kiselewski responded in the
affirmative. Mayor Humpage asked if 75% of the power was lost during a
storm because of this vegetation. Mr. Kiselewski noted he could not put a
percentage on the lost during a storm. He commented the last storm,
Hurricane Wilma, a wind storm, FPL definitely saw vegetation, trees, etc,
down that affected the overhead powerlines. Mayor Humpage explained to
the public the ordinance was to try and prevent trees from being planted
under or near powerlines. He commented there aze certain parameters for
planting trees, and that there were certain types of trees that go into the
powerline and knock them down. He mentioned Council has also looked
at issues where the Village has some trees planted, and it is their intention
to move those to some other location. Council Member Paterno
commented he did not have a problem with FPL having the right to
ingress onto private property, but questioned whether there should be
language in the ordinance for FPL damage.
11
Minutes -Village Council Regular Meeting 01/10/06
Page 12
• He felt there should be some responsibility by FPL for the homeowner. He
noted at some point there might be a problem. Mr. Kielewski noted it
would depend on the individual circumstance, and he commented it was
the intention of FPL to trim the trees and not do any damage. He noted
FPL always works with the customer to try and mitigate any damage to
their property. Village Manager Couzzo suggested it might be advisable to
add a clause. He noted Council could pass it on first reading, and add a
clause far second reading in Section 2. Council Member Paterno noted
Mr. Kielewski may not be around in a few years, and then there maybe a
problem with getting the damage repaired. Village Manager Couzzo
explained it would basically be a restoration clause. Council Member
Genco agreed any damage caused by FPL. Mayor Humpage commented
FPL probably subs out the work, and they are required to carry the
insurance needed. Council Member Genco commented it should be FPL's
responsibility. Village Manager Couzzo added Staff would put a standazd
clause that the property is to be restored to the condition it was before FPL
entered it. Council Member Paterno commented he is 100% behind this
ordinance. He felt it would help in the community in the future. He asked
if FPL could provide 6000 inserts to put in the next Smoke Signals and on
the Village website. Consensus of Council agreed to Smoke Signals and a
link on the website.
• MOTION: Vice Mayor Watkins moved to approve First Reading of Ordinance 603,
adding language (restoration clause) that the property is to be restored by FPL to the
condition it was before FPL entered a homeowners property; seconded by Council
Member Paterno; motion passed 4-0.
10. RESOLUTION 38-OS/06 - A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, to Approve the Florida
Department of Environmental Protection - Florida Recreation
Development Assistance Program (FRDAP) Project Agreement, A
Matching Grant paying $112,500 to Fund Projects in Constitution Pazk in
FY 2005/2006. Authorizing the Village Manager to execute the
Agreement on Behalf of the Village.
Mayor Humpage read for the record the title of Resolution 38-05/06. Mr.
Greg Corbitt, Director of Pazks and Recreation commented this item is to
approve the Agreement with the DEP for the FRDAP grant. He noted it
was basically the same grant that the Village received last year, and this
was a formally to seek the funding. Vice Mayor Watkins stated
Constitution Park looked great. Mayor Humpage agreed, and noted
everyone talks about this park, and the grant should make it even better.
Council Member Paterno commented the Village does not have to do
everything on the plan, such as relocating the basketball courts, and the
water pazk was questionable. He mentioned the Village does not have to
do everything that is listed, and the plan could be changed, but the Village
12
Minutes -Village Council Regular Meeting 01/10/06
• Page 13
does have to put in the money and sign the agreement. Council Member
Genco pointed out Council has not approved Phase II of the site plan for
the Park. She commented the conceptual was reviewed, but the actual site
plan has not come to Council for final approval for Phase II. She noted if
Council has some other ideas, they could be added at that point. Mayor
Humpage commented this was accepting the funding, and Council will
take a look at the site plan when it is developed.
MOTION: Vice Mayor Watkins moved to approve Resolution 38-05/06; seconded by
Council Member Genco; motion passed 4-0.
11. RESOLUTION 39-05/06 -- A Resolution of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, Authorizing the Village
Manager to Provide a Letter to the Florida East Coast Railway, L.L.C.
(FEC) against which the FEC can bill the Village for Work Related to the
Rehabilitation of the FEC Railway Crossing on Tequesta Drive;
Appropriating Unreserved Fund Balance in General Fund #001, increasing
the 2005/2006 General Fund Budget by $146,640 and Authorizing the
Transfer-Out of these Funds to the Capital Projects Fund #303 to Fund the
Rehabilitation of the FEC Crossing.
Village Clerk Carlisle read for the record the title of Resolution 39-05/06.
Village Manager Couzzo noted in November the Village received a letter
from the FEC Railroad indicating their desire to make improvements to
the crossing at Tequesta Drive. He mentioned unfortunately it was not
received prior to the budget where the funds could have been incorporated
into this budget. He pointed out this was regular maintenance to the
crossing and rehabilitation to the area. He noted in accordance with the
previous contract in 1989, the Village is obligated to pay for the
improvements. He stated if in fact the Village does not do the
improvements than the residents would not get to cross the tracks. He
noted in their agreement the $146,000 was an estimate, and that the costs
could go up, but Staff believes the costs would be less. He noted the
Village is going to look at providing some of the traffic control, and try
and work with the FEC to reduce some of the costs. He noted it would be
a one time project, and would not interfere with the work that the Village
is doing on Tequesta Drive, and Old Dixie Highway.
Vice Mayor Watkins asked if Tequesta Drive would be closed at the
crossing. Village Manager Couzzo stated it would be closed for 72 hours.
Council Member Genco pointed out it was a weekend, on Saturday. Vice
Mayor Watkins asked if it was normal for the Village to be responsible for
the maintenance of the crossing. Village Manager Couzzo felt the FEC
would say if the Village does not want the crossing there, that could be a
problem. He stated the Village is actually the letting the traffic go over
their track and it is impacting the crossing.
13
Minutes -Village Council Regular Meeting 01/10/06
• Page 14
Vice Mayor Watkins pointed out they would make the argument that the
Village using it so much is what is deteriorating it. Mayor Humpage
pointed out Jupiter has three railroad crossings.
Council Member Genco asked if the FEC would be careful about
coordinating the improvements, so that northern and southern crossings
and access was open to traffic. She pointed out sometimes the trains will
block all three crossings. Village Manager Couzzo commented the entire
intersection would be closed for 72 hours. Council Member Genco noted
when they close the crossing, FEC will still have trains coming through
and the length of time of the closing she would like assurances that the
Village is not going to end up in a situation where they have a mile and
half .train that is going to block all three crossings. Village Manager
Couzzo commented Staff would coordinate that with FEC, Council
Member Genco explained this could be a medical emergency issue,
convenience issues, and economical issue. Mayor Humpage felt it may
behoove the Village to leave a paramedic vehicle and fire truck on the
other side of the crossing, so they do not have to go around. Village
Manager Couzzo commented that was a great idea. Council Member
Genco noted she was very concerned about it, so she would like to see
some coordination on the crossing. Village Manager Couzzo agreed.
• Council Member Genco asked if it was possible that if the FEC exceeds
the amount of money Council has approved, $146,640, they come back to
Council with advance notice. Village Manager Couzzo pointed out the
language in the agreement was an estimate, and they usually are very
close. He explained the Village was going to reduce some of the traffic
maintenance, which would be approximately $13,000.00. He noted they
are contingency dollars built in to the $146,640.
Council Member Genco felt if it was going to be significantly more,
Council should know about it. Village Manager Couzzo agreed that he
would let Council know. Council Member Paterno understood that it was
maintenance, but asked if there was something wrong with the crossing
that it would cost so much money. He pointed out for them to do it every
six years, the road and the crossing does not seem to be in that bad of
condition. Mayor Humpage noted it might be a standard, a preventive
maintenance issue. He stressed in the last year FEC has done Center
Street, Indiantown Road, Toney Penna, and Fredrick Small and Donald
Ross Road. He pointed out the FEC was working toward Tequesta.
Council Member Paterno stated if that is the case and they have a
schedule, maybe Staff should inquire on the schedule so that Village can
foresee the time. Village Manager Couzzo indicated Staff would try and
work with them, that normally they give the Village some lead time. He
noted in the letter from FEC they were cognizant of the fact that it may not
have been budgeted, and that the information did not go out in advance.
14
Minutes -Village Council Regular Meeting 01/10/06
• Page 15
Village Manager Couzzo noted they offered to work with the Village on
the financing, but did not know if it was worthy of investigating. He
commented Staff would make every attempt to bring a change order back
if the cost has increased, but this was going to be a 72-hour project over
the weekend, that they may incur a cost that he can not bring to Council
until after the work was completed. Vice Mayor Watkins commented the
Village really does not have a choice and that they have to do it. Council
Member Genco asked if there was any way to get additional time to pay
the money, if it turned out being more. Village Manager Couzzo explained
there was some language in the agreement that they would be willing to
give the Village some consideration with paying on a different schedule.
He commented he did not know how advantageous that would be to the
Village. Council Member Genco commented it might give the Village
time to shift things around. Village Manager Couzzo pointed out the
crossing is about 80 feet of track, so they know when to come in and how
fast it will take them. Mayor Humpage noted the Village would be doing
more work with them because of the new linear park.
MOTION: Vice Mayor Watkins moved to approve Resolution 39-05/06; seconded by
Council Member Paterno; motion passed 4-0.
XI. ANY OTHER MATTERS -None
XII. ADJOURNMENT
MOTION: Vice Mayor Watkins moved to adjourn the Meeting; seconded by Council
Member Paterno; motion passed 4-0.
Therefore the meeting was adjourned at 8:20 P.M.
~~~ r~
V, i
Gwen Carlisle
Village Clerk
15