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HomeMy WebLinkAboutMinutes_Regular_05/12/2005MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, MAY 12, 2005 L CALL TO ORDER AND ROLL CALL -The meeting was called to order by Mayor Jim Humpage at 7:06 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Edward D. Resnik, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. IL INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Resnik gave the invocation, and led the pledge of allegiance to the flag. III. PRESENTATIONS/PROCLAMATIONS 1. TABLED TO 06/09/05. REGULAR COUNCIL MEETING AT THE REQUEST OF THE APPLICANT Presentation concerning the installation of the fence/gate near the intersection of Tequesta Drive and Country Club Drive -Yacht Club Place residents: Mr. Richard Bonard and Mr. Dana Anderson. Mayor Humpage noted for the record he would bring this item up under "Any Other Matters". l .l Presentation of 10-year financial forecast for the Tequesta Water Utility. Village Manager Couzzo introduced Mr. Robert Ori, PRMG & Associates of Maitland, Florida. He commented PRMG was attending to present the Utility Financial Forecast for the Village of Tequesta. Mr. Ori noted he would be addressing some of the significant events that have affected the system since his last report two years ago. He indicated his report would address the following areas: 1) The Present Major Assumptions; 2) The Comparison of Prior vs. Current Financial Forecast; 3) Observations and Conclusions; and 4) Questions and Comments. He distributed a handout and gave a brief overview of his firm's background and a history of his involvement with the Village. He mentioned PRMG serves customers from the Florida panhandle to the Keys. He commented PRMG has been serving the Village for almost 7 years on a variety of issues, such as: 1) Issuance of the Series 1998 Bonds; 2) Development of the 2003 10-year Financial Forecast; 3) The Town of Jupiter's Contract Negotiation and • Analysis (Franchise); 4) Jupiter Island's Customer Transition and Bulk Service Agreement; 5) Tropic Vista Assessment Program; and 6) Other Minutes -Village Council Regular Meeting 05/12/05 Page 2 Rate Consulting Services. He noted the purpose of this Analysis was to: 1) Identify the sufficiency of the existing rates to Fund Expenditures; 2) Identify the ability of the System Revenues to meet the daily operating expenses; 3) Finance the future Capital Improvement Plan (CIP); 4) Fund debt payments and meet bond covenants, and to produce ongoing net revenue margins (positive cash flow); 5) Identify Potential Rate Adjustments/Trends; and 6) Develop Forecast for Ongoing Strategic Planning Purposes. He mentioned the report this year covers a 5-year forecast period, FY 2005-2009. He reviewed the Significant Events affecting the Utility System since the last forecast. He noted the sale of the Jupiter Franchise was finalized bringing in $700,000.00, and resulting in a loss of approximately 600 customers. He mentioned the successful Negotiation of the Bulk Service Agreement with Jupiter Island and the purchase of the Rolling Hills portion of the Service Area. He reviewed other significant events since his last report. He noted the Village successfully entered into an Interlocal Agreement with Martin County establishing the Tropic Vista MSBU; entered into an Agreement to supply Bulk Raw Water to Jupiter Hills Country Club, and successfully was awarded grants from the SFWMD to fund a portion of the new RO Expansion Project ($530,000.00). He noted the Martin County Commissioners want to work with Tequesta to bring in more Water customers for their area. • Mr. Ori pointed out some of the issues that would be facing the Village of Tequesta in the future: 1) Bulk Water Service Agreement that would expire June 2007 with the Town of Jupiter; and 2) Construction of the RO Water Treatment Plan, 1.20 MGD Treatment Train. He noted currently the Village was purchasing 1.35 Million Gallons per Day (MGD) of water, down from the previous purchase of 1.5 million MGD. He indicated the Village would have a graduated bulk water rate increase on this purchase. He noted the current rate was $1.40 per 1,000 gallons, and by the time of expiration could be $1.43 per 1,000 gallons. He noted when the set rate expires the Town of Jupiter could charge $2.50 per $1,000.00 gallons. He indicated the RO 1.20 MGD Treatment Train, will need to be on line prior to June 15, 2007 when the bulk agreement with Town of Jupiter ends. He noted the cost of the RO project would be approximately $1,900,000.00. He reviewed the existing status of the Utility Service Area, noting the Village currently serves approximately 4,782 customers with 7,953 Equivalent Residential Connections (ERC). He noted the Village was approaching build-out condition, with a growth rate of less than 1 % in the forecast. He cautioned Council that the Village would need to continue indexing the annual rates at least 1 %. He commented as a result of the water line extensions, new customers were projected from Tropic Vista, Jupiter Heights, and Cove Point. • I 2 Minutes -Village Council Regular Meeting 05/12/05 Page 3 . Mr. Ori noted over the next five years he has identified almost $7 million dollars in Capital needs to the system, which include: 1) RO Raw Water Line/Well No. 3, $1.3 million, 2005; 2) RO Water Treatment Plant, $1.9 million, 2006/2007; 3) Liquid Chlorine Conversion, $750,000.00, 2007; 4) RO Membrane Replacement, $20,000.00 - $40,000.00, annually; and 5) Continued R&R (Renewal and Replacement) Projects, $200,000.00, annually. He reviewed Page 15, regarding the Assumed Funding Program with a total of $6,829,861.00 for Capital Improvements. He indicated the most critical year in terms of cash flow would be 2008. He commented on the Revenue and Expense Projections, noting the Village rates assume an Annual Price Index Adjustment on the average of 1.4%. He stated the Village was a very customer friendly Utility. He assured when the new RO train comes on line, no additional staff would be needed. He noted the next increment of capacity would be very cheap to operate because it would basically be chemicals and power. He reviewed Page 17, Comparison of Prior vs. Current Financial Forecast, pointing out all the numbers were positive. He commented the first comparison was the Customers, noting there were more customers today than two years ago. He stated the Sales Revenues were positive, and there would be an economic benefit when Jupiter goes off line in the future years. He indicated the Village was running lean and keeping costs down on the Operating Expenses. He suggested for the Net Revenue Surplus that the Village could use the money to buy down the debt. He felt there was a lot of potential to buying down debt, or saving dollars for Capital Improvements. He indicated if a third train was needed it would be wise to cash finance it, then to debt finance it. He reviewed the Observations and Conclusions. He commented the Village's financial position was very favorable, and had improved since the last forecast, as a result of staff actions and growth, and no additional rate increases above indexing for the next five years. He noted the Village should continue to stay on course and keep the system operation lean, and that the Village must Index rates annually to keep up with the cost of inflation and to maintain revenue margins. He felt the Village should not renew the Town of Jupiter Bulk Agreement, but recommended entering into an Emergency Interconnect Agreement for a backup supply if the Village at a lower rate of $.40 - $.50. He mentioned the Incremental cost of RO Expansion was much more effective, and the Annual Positive Operation Margins existed at 5% -10% of Revenues. He suggested maintaining a minimum working capital balance (60 days), and in addition that the Village pursue water line extensions into Martin County, and upon completion of the RO Plant Expansion, all impact fees should be applied to debt payments. He commented if the Village were to consider hiring a full time Utilities Director it would have an adverse affect on the utilities • bottom line, potentially $100,000.00 a yeaz or more. He suggested the Financial Forecast be updated at least every two years. 3 Minutes -Village Council Regular Meeting 05/12/05 Page 4 • Mr. Ori commented the Village's existing rates were very competitive per 10,000 gallons with other similaz Utilities surveyed. He noted other Utilities, such as the Village of Wellington, Martin County, and Indian River County that have a RO facility had higher rates than the Village of Tequesta. He indicated the West Coast of Florida has very high rates compared to our area. Vice Mayor Watkins mentioned she appreciated the presentation and hearing good news. She thanked Staff, and the Village Manager, who was also the Utilities Director. She mentioned to the residents that they should tour the RO facility to see how things worked. Mayor Humpage pointed out on Page 21, regazding the Village's Debt Service Coverage in 2007, that the debt service coverage increases were due to the water becoming cheaper because the Village would no longer be on the Jupiter water. Mr. Ori agreed. Mayor Humpage suggested Council needed to keep under consideration regazding the RO Plant, not only paying down the debt service, but where the Village would be with expansion. He felt the Village would have to go one-way or the other. Mr. Ori agreed, and noted the impact fees could only be used for expansion related expenditures. Mr. Ori commented there were two types: 1) installation of pipes, etc; or 2) pay off expansion related bonds. He suggested if it was needed, to consider setting aside the impact fees for the next expansion, or if it was not needed paying down debt. Council • Member Resnik noted after the expansion was completed in 2007, he did not foresee any other expansion for awhile. Mr. Ori agreed. He suggested the next expansion depending on growth, etc, could come sometime azound 2010 - 2013. He felt the Village should watch this very closely. Council Member Resnik questioned how long would the new RO train last. Mr. Ori commented the trains have 30, 40 or 50 year life cycles. He noted another reason why a third train may be needed was if one was taken down for maintenance, or other some reason, there would still be two trains to run the system. Council Member Paterno questioned how many customers would be needed before the Village would have to expand again. Mayor Humpage pointed out the Village would still be 400 customers light from the 600 that was lost to Jupiter. Village Manager Couzzo noted the system would be losing 1.5 million of capacity due the Jupiter Franchise ending. Mr. Ori noted it would probably be 800 to 1,0~ new customers above the current projections before the system needed to be expanded. Council Member Paterno asked if an additional deep well would be needed for the third train. Mr. Ori noted when the third train was added the Village would need to hire additional Staff, because the Village would be over 6.5 MGD. Council Member Genco noted the Village has two deep well sites in reserve to serve additional trains. She noted on Page 10, the Bulk Raw Water to Jupiter Hills, and the expiration in 2012. She asked for confirmation if there was an expiration date for supplying them potable water. 4 Minutes -Village Council Regular Meeting 05/12/05 Page 5 Mr. Ori explained relative to selling to the Jupiter Island residents, if additional water supply was needed because of growth within the system, the Village could ask that they use their RO plant capacity. Council Member Genco questioned once the Village eliminated the Town of Jupiter water, how would the Village compare the remaining 1.2 million cost of operation to what they would be paying Jupiter. Mr. Ori noted at the time of discontinuing the Jupiter Franchise, the Village would be paying $1.43 per gallon. He noted $.80 per thousand gallons was added in for the cost of power and chemicals. He noted the Village should be saving about $.60 per thousand. Council discussion continued on the percentage amount the Village could possibly save. Council Member Genco questioned if the Village was saving 30% what would be the dollar savings. Mr. Ori noted it would be $50,000.00 in savings for every $.10. Council Member Genco noted on an annual basis the Village would be saving over $100,000.00, and questioned whether that could be used toward debt service. Mr. Ori agreed, and indicated either existing or future debt service. Village Manager Couzzo mentioned after year 2007 when the Village moves away from Jupiter water, the Village could be paying $2.50 per thousand gallons, so the percentage would be higher than 30% or 40%, since the Village would only be paying $.80 per thousand. Council Member Genco felt it was not a question of the cost, but noted it was a question of our savings versus cost of production. She asked • whether the savings were shown on the charts under the revenues or expenses. Mr. Ori indicated all the costs were added to expenses, and did not change the revenues. He pointed out on the chart comparisons the savings in the future. Council Member Genco suggested the reserves that were non-identified be identified in the Water Utility as an emergency reserve to cover Operation and Maintenance (O&M). Mr. Ori commented the Reserve does not include the renewal and replacement fund for Capital Improvements. Council Member Genco asked what the Village was paying consultants on a yearly basis versus hiring a full time Utility Director. Mr. Ori noted the Village pays about $70,000.00 - $75,000.00 per year for utility consultants and engineers. He felt that was not a lot of money for a customer system of 5,000-6,000. Council Member Genco questioned whether it was required of the Village to increase the Annual Index by 1.4%. Ms. JoAnn Forsythe, Finance Director stated the rates could go up or down based on the annual index. Village Manager Couzzo indicated the ordinance could be changed to eliminate the requirement to increase annually. Council Member Genco questioned whether Mr. Ori had reviewed the proposed bonds, and the rate swap. Mr. Ori commented he spoke with Mr. Mark Raymond, Village Bond Counsel about the rate swap. Mr. Ori felt rate swaps were more for very sophisticated investors. He indicated the Village's long-term bonds were at 5°fo. He recommended if the Village wanted debt savings to take the cash and pay them off. 5 Minutes -Village Council Regular Meeting 05!12!05 Page 6 • Mayor Humpage commented unless the Village had to expand. Mr. Ori agreed, and indicated that was the safest thing to do. He noted the bonds will be callable, and could be paid off early. Council Member Genco indicated the first call would be 2008. Mr. Ori agreed. Council Member Paterno pointed out on Page 17 the Net Revenue decreases. He questioned whether that would be an annual decrease. Mr. Ori indicated he would need to review the figures, but suggested it could be due to the RO being fully operational, or the growth rate being down. Council Member Paterno indicated he would like that information provided to Council. Mr. Ori commented he would provide information to the Village Manager for Council. Mayor Humpage thanked Mr. Ori for his presentation. Village Manager Couzzo acknowledged the efforts of Ms. Forysthe, Finance Director, Mr. Russell White, Public Services Manager, and Mr. Roy Fallon, Water Treatment Plant Supervisor. Council Member Paterno questioned who would be tracking the information requested regarding the net revenues. Village Manager Couzzo indicated he would provide the information to Council. Mayor Humpage recessed the Meeting at 8:00 P.M. and reconvened the Meeting at 8:14P.M. 2. Declaring the Week of May 15-21, 2005 as Emergency Medical Services Week in the Village of Tequesta. Mayor Humpage read the title of the proclamation for the record. He thanked Chief James Weinand, Fire Department for all the good work his paramedics and Staff performs. He mentioned there would be an open house of the Public Safety Facility, Sunday, May 15, 2005. 3. Declaring the Month of May 2005 as Civility Month in the Village of Tequesta. Mayor Humpage read the title of the proclamation for the record. 4. Declaring May 13, 2005 and May 14, 2005 as American Legion Auxiliary Poppy Days in the Village of Tequesta. Mayor Humpage read the title of the proclamation for the record. 5. Declaring the Week of May 21-27, 2005 as National Safe Boating Week in the Village of Tequesta. Mayor Humpage read the title of the proclamation for the record. • 6 Minutes -Village Council Regular Meeting 05/12/05 Page 7 IV. APPROVAL OF AGENDA To speak before Council, all citizens are requested to submit their Comment Cards to the Village Clerk at this time for any agenda or non-agenda items. Comment Cards should include name, address, phone number, agenda item number and brief summary of topic to be discussed. Comment cards are available from the Village Clerk. Mayor Humpage noted Items 20 and 21 have been deleted from the Consent Agenda. Vice Mayor Watkins removed Item 15.1 from the Consent Agenda. Council Member Genco removed Items 15.2, 22 and 23 from the Consent Agenda. Council Member Paterno removed Items 16, 17, and 18 from the Consent agenda. MOTION: Council Member Resnik moved for approval of agenda, as revised; seconded by Vice Mayor Watkins; motion passed S-0. V. UNFINISHED BUSINESS 6. A) ORDINANCE 596 -SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE OF TEQUESTA, FLORIDA IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES "THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", AS AMENDED, AND CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINISTRATIVE CODE, ADOPTING A SMALL SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP IN THE AREA DESIGNATED; APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE NORTH OF CANAL COURT, CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Attorney Hawkins read for the record the title of Ordinance 596. MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 596; seconded by Council Member Genco. Mayor Humpage opened the Public Hearing. • 7 Minutes -Village Council Regular Meeting OS/12/OS Page 8 • Vice Mayor Watkins asked for clarification on the 20-foot alley, and whether it belonged to the Village. Village Manager Couzzo indicated the property belonged to the Village. Their being no public comments, Mayor Humpage closed the public hearing. Motion passed S-0. 6. B) ORDINANCE S97 -SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE, AT ARTICLE V OF CHAPTER 78 OF TEQUESTA CODE OF ORDINANCES, ESTABLISHMENT OF DISTRICTS AND OFFICAL ZONING MAP, BY AMENDING THE ZONING MAP TO APPLY A ZONING DESIGNATION OF C-2 COMMUNITY COMMERCIAL TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE, NORTH OF CANAL COURT CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR A LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTNE DATE. Attorney Hawkins read for the record the title of Ordinance 597. Mayor Humpage opened the Public Hearing MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 597; seconded by Council Member Resnil~ Their being no Council comments or public comments, Mayor Humpage closed the public hearing. Motion passed 5-0. 7. ORDINANCE 599- SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING ORDINANCE 583, OF THE VILLAGE CODE OF ORDINANCES IN ITS ENTIRETY; ADOPTING A NEW CHAPTER 22, IN ITS ENTIRETY AS COMMUNITY DEVELOPMENT; AMENDING DIVISION 2, PLANN][NG AND ZONING ADVISORY BOARD; AND AMENDING DIVISION 3, SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES, SECTION 22-82; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; 8 Minutes -Village Council Regulaz Meeting 05/12/05 Page 9 • PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Attorney Hawkins read for the record the title of Ordinance 599. Mayor Humpage opened the Public Hearing. MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 599; seconded by Council Member Resnik. Council Member Paterno distributed a handout regazding Section 22-51. Creation, Members, Terms, Appointment. He asked Council to consider revising the language on Page 2, Item A, the last sentence by adding the following verbiage: "or in the event that a regular member vacates their position on the Board, an alternate member may be appointed to the position of regular member. The Council may at it's own discretion waive provisions and requirements of this article to fill any vacancy." Council Member Paterno felt if the alternate serves their time, this language would allow them to move to a regulaz member position on the Board. Council Member Genco commented the Council spent two meetings discussing the issue when the original ordinance was adopted. She noted the language was included because there was a perception, that if people from the same area were on the Boazd, that they would push their initiatives that was good for their homeowners association, rather than the entire community. She mentioned at one time Council had thought of doing some kind of redistricting, and instead they decided to have this requirement. She felt it was the right thing to do. Mayor Humpage agreed, and understood what Council went through to make sure the entire community was represented. He felt Council wanted to make sure that their would not be any bias on behalf of the members. Mayor Humpage questioned whether the ordinance could be amended on Second Reading. Attorney Hawkins commented the language could be amended if Council desired. Vice Mayor Watkins noted the existing language in the last sentence was placed in the ordinance on purpose so if there was a lack of people volunteering, then Council could consider accepting someone at that point on the Boazd from the same azea. Council Member Genco agreed, and noted as long as there was a diversity of volunteers to choose from it should stay that way. She indicated the Planning and Zoning Advisory Board was awaze of the condition in the ordinance and agreed with it. She suggested when a regular member left, then the alternate could move up. Council Member Paterno stressed sometimes the intent of the Alternate member was to work their way up on the Board. Mayor Humpage felt the existing language gave Council the • authority to look at the situation, and make a change, without changing the language in the ordinance. 9 Minutes -Village Council Regular Meeting 05/12/05 Page 10 • Council Member Resnik noted if someone on the board resigned, and their area was already represented, they would not be able to fill that position because they would be from an area already represented. Council Member Paterno noted maybe neither alternate would be able to move up. Vice Mayor Watkins pointed out if there were no other volunteers to choose from Council could move them up. Mayor Humpage felt Council could not make every scenario work. Council Member Genco suggested when the membership comes up for renewal that the Board should be made aware about making the alternates the members, so that they have the experience of being a voting member, and everyone has an opportunity to serve. Mayor Humpage felt the Consensus of Council was to leave the ordinance as it currently existed. Motion passed S-0. 8. Discussion of the Draft Council Policies and Procedures. Mayor Humpage noted these were the procedures that were discussed at the March 28, 2005 Council Workshop. He noted he reviewed the minutes and found them to be in order. MOTION: Vice Mayor Watkins moved to approve the draft Council policies and • procedures; seconded by Council Member Genco. Council Member Resnik felt under General Items #2 the goals and objectives of the Village Manager should not be prioritized by Council. He suggested Council give the goals and objectives to the Village Manager, and tell him to do them. He commented he found it difficult to rank them 1,2, or 3 etc.. He noted if every Council Member brings in 3 or 4, then the Manager would have 15 or more items to do. He suggested giving him a key number of objectives that would be appropriate, so he could take those and incorporate them into the budget, or if no monies were needed, he could do them aside from the budget. He suggested Council not prioritze the goals and objectives. Vice Mayor Watkins felt the intent was for Council to come up with 15 - 20 goals and objectives, and Council, as a collective body, would pick out 5 or so to set for him. Mayor Humpage agreed, and noted Council may have duplication. He felt the intent was for Council to bring their ideas to the table, so they could prioritize the goals from the ideas presented. Council Member Genco indicated Council would set the list of goals, and if one needed a higher priority it would be noted. Council Member Resnik agreed; as long as the Village Manager was not given the list stating that he needed to do by priority. Motion passed 5-0. • 10 Minutes -Village Council Regular Meeting 05/12/05 Page 11 9. Council appointments to Various Governmental Agencies. Council Member Genco indicated she would like to continue as the representative on the Loxahatchee Coordinating Council. Consensus of Council agreed. Vice Mayor Watkins mentioned that the Village was no longer a trustee of the Chamber, and were now a Regular member. She noted the Village did not pay for the trustee status. Council Member Genco questioned the cost for a trustee. Vice Mayor Watkins felt the trustee status was $2,500.00. Council Member Genco felt it was important for the Village to maintain the trustee position with the Chamber. Council Member Resnik suggested removing trustee from the list, and calling it a member "representative". Council Member Genco felt it was important that the Village participate. Vice Mayor Watkins mentioned she attends their Education forums all the time. She felt the Village could attend, and function the same way as a Regular member, instead of holding the Trustee title. Council Member Genco noted the difference was $1,300.00. Consensus of Council agreed to Regular Member status. Vice Mayor Watkins indicated she would still like to be the Village representative on the Jupiter\Tequestalluno Beach Chamber of Commerce. Consensus of Council agreed. Vice Mayor Watkins indicated she did not mind being the representative on the Palm Beach County League of Cities, but noted at times she would have scheduling conflicts, and could not attend. . Council Member Resnik indicated he would like to stay as the representative to the Palm Beach County Intergovernmental Coordination Program. Consensus of Council agreed. He noted the NAMAC -Police and Fire have not had a meeting in the last three years. He questioned whether they were still meeting. Chief James Weinand, Fire Chief noted the NAMAC had pretty much been dissolved. He noted they have not had a meeting in at least three years. Mayor Humpage questioned the NAMAC - Police. Chief Steve Allison, Police Chief noted they have not had a meeting in the last four years. Mayor Humpage suggested putting the NAMAC -Police and Fire in a holding mode. Council Member Genco noted with the Loxahatchee Council of Governments the only information she receives was an occasional brochure from them. She indicated if she read something of interest in the brochure she would inform Council as to the information. Mayor Humpage suggested putting the PBC League of Cities meetings on a rotation basis for Council to attend the meetings. Vice Mayor Watkins suggested the Clerk send the notice to Council. Council Member Resnik indicated he would like to be removed as the alternate on the League of Cities. Vice Mayor Watkins mentioned she would keep the Clerk informed if she could not attend the meetings. Village Manager Couzzo . commented Staff would distribute the notice to all of Council in order for someone to attend the meeting. 11 Minutes -Village Council Regular Meeting 05/12/05 Page 12 . Council Member Resnik asked if the Palm Beach County Beaches & Shores Council could be removed from the list, since it was disbanded. Village Manager Couzzo indicated the Palm Beach Countywide Coastal Council had replaced the Palm Beach County Beaches and & Shores Council. Council Member Resnik noted Mr. William Griffin the alternate had moved. Mayor Humpage questioned the function of the Coastal Council. Council Member Genco indicated they meet a couple times a year. Mayor Humpage indicated he would be the alternate member for the Palm Beach Countywide Coastal Council. Mayor Humpage asked if he could be the alternate for the JTJB Chamber of Commerce. Consensus of Council agreed. Council Member Paterno noted he did not have to be a representative because he could attend any of the meetings if he was interested. Consensus of Council agreed to the following Representatives to Governmental Assemblies: Palm Beach County League of Cities - • Member -Vice Mayor Watkins • Alternate - "Notice to Council" Loxahatchee Council of Governments - • Member -Council Member Genco (On hold, does not meet regularly) • Palm Beach Countywide Coastal Council • Member -John H. Holton • Alternate -Mayor Humpage Loxahatchee Coordinating Council • Member -Council Member Genco • Alternate - Ms. Susan Kennedy PBC Intergovernmental Coordination Program • Member -Council Member Resnik • Alternate -Mayor Humpage NAMAC -Police and Fire • Member -Council Member Resnik (On hold, does not meet regularly) JTJB Chamber of Commerce (Regular Member Status) • Member -Vice Mayor Watkins • Alternate -Mayor Humpage LI 12 Minutes -Village Council Regular Meeting 05/12/05 Page 13 • VI. STANDING REPORTS VILLAGE ATTORNEY - Tequesta Corporate Center -Noted there has been an offer for temporary rent abatement or rent reprieve of 5%, during the period of time, and that the landlord was attempting to address the problems. He indicated he had spoken with the Village Manager who asked him to bring it to Council's attention. Attorney Hawkins noted he advised the landlord he did not know the position the Village would take on his offer. Zuccazelli/JMZ Tequesta Inc. -mentioned there was a lawsuit that was filed in 2003 that was active for a period, and then became dormant, and now was recently reactivated. He indicated it had to do with a claim by JMZ that Tequesta was obligated to contribute to the shaze of costs associated with installation of the sewer system. He commented the amount in question was approximately $37,000.00. He noted the Village had already been successful at dissolving the "Lis pendis" that was placed on the property, a long time ago. He stated he had spoke with the Village Manager and the Mayor briefly regarding this item, but was bringing it to Council's attention. Council Member Genco questioned if the costs were associated with the • Municipal Complex location. Attorney Hawkins agreed, and felt the Village had very strong defenses. Council Member Genco suggested it would not have been billed until there was a connection. Attorney Hawkins agreed. Mayor Humpage stated that was the Village's position. VILLAGE MANAGER Tequesta Corporate Center -noted in the previous correspondence to Council the Village would be asking to seek a minimum of two months rent relief, because of the continued inconvenience experienced. He mentioned the Finance Deparhnent again had an open roof, and water was coming into their facility. He suggested accepting at least 5% of the monthly rent until it was fixed. Council Member Genco noted she would be in favor of sending them a notice that the Village would be escrowing the rent until the repairs were complete. She commented this has been going on at least 18 months. Vice Mayor Watkins felt 5% was an insult. Mayor Humpage questioned whether the rent could be escrowed. Attorney Hawkins indicated the Village was entitled to claim rent abatement, but the Village may end up getting sued. He mentioned he had spoke with a senior management official for the landlord, Mr. Herm 3effries, and he was taken aback when he mentioned the direction the Village would be taking. He • indicated he then came back with this offer. He stated the lease could be construed to give the Village the right to claim rent abatement, because there was 13 Minutes -Village Council Regular Meeting 05/12/05 Page 14 • a chronic problem. Attorney Hawkins noted they have a new property manager, who has been very diligent in trying to get the problem rectified. Village Manager Couzzo noted they have run into problems with the materials, etc. He suggested Council consider at least pursuing the 2 months. Council Member Genco questioned what percentage of the space was affected. Village Manager Couzzo indicated the entire Village of Tequesta space had been affected. He felt it was at least 40% of the space affected. Council Member Genco suggested prorating the cost on a percentage basis, and if it was 40% of the space, that was the amount that the Village should be looking at. Council Member Paterno asked if the Village could be the aggressor in this situation, and sue them first. Attorney Hawkins answered in the affirmative, noting they have made the situation untenable. Council Member Paterno asked if they would have to pay if the offices had to move and pay a higher rent. Attorney Hawkins indicated it would a case of debating the issues. He recommended Council give the authority to the Village Manager to do the best he can, and report back to Council. He felt the new building manager was diligently trying to remedy the situation. Council Member Genco suggested looking at it on a space percentage, and that it should prorated. Attorney Hawkins stated that was a reasonable thought. Council Member Genco felt that would encourage them to do the repairs. Village Manager Couzzo questioned over what period of time was Council considering. Council Member Genco suggested going back to when this happened, and start • negotiations at that point. Vice Mayor Watkins commented it is a health safety issue, and asked whether OSHA needed to be called into the situation. She questioned how serious was the issue. Council Member Paterno stressed being aggressive. Village Manager Couzzo indicated it could have serious consequences. Village Attorney Hawkins indicated the Village does not have evidence, or expert testimony. Council Member Genco noted the mold dogs did indicate that there was mold found in all the areas. She indicated Staff was deprived of the use of space when it was wet. She felt it was not a healthy environment. Attorney Hawkins noted on Suite 300, they have an expert that says it is clean. He noted if Council wanted to rebut that, then they will need to give that direction. Mayor Humpage indicated the building management was saying the suite had been abated. Council Member Genco noted she was looking for fairness in the situation, and felt there were many issues that needed to brought to the forefront. She felt the landlord has to maintain some sort of assemblage and reasonableness to maintain the office. Village Manager Couzzo pointed out the new report refutes the old dog report. He noted the wall has patches where the samples were taken, and they are saying there was no mold. Council Member Genco asked if the Village ever received a copy of the first report. Attorney Hawkins mentioned the building management was were in the suites over the weekend testing, and Mr. Gary Preston, Director of Public Works was present. Council Member Genco suggested getting the area fixed up and do what they can in the negotiations. CJ 14 Minutes -Village Council Regular Meeting 05/12/05 Page 15 • 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. Mayor Humpage noted Items 20 and 21 have been deleted. Vice Mayor Watkins removed Item 15.1. Council Member Genco removed Items 15.2, 22 and 23. Council Member Paterno removed Items 16, 17, and 18. MOTION: Vice Mayor Watkins moved to approve the Consent Agenda, as amended; seconded by Council Member Resnik; motion passed S-0. Therefore the following items were approved on the ConsentAgenda. 10. Planning and Zoning Advisory Boazd Meeting Minutes March 16, 2005. 11. Local Planning Agency/Planning and Zoning Advisory Boazd Meeting Minutes March 16, 2005. 12. Planning and Zoning Advisory Board Meeting Minutes Apri17, 2005. • 13. Village CounciUPlanning and Zoning Advisory Board Joint Meeting Minutes February 24, 2005 14. Village Council Workshop Meeting Minutes Mazch 28, 2005 15. Village Council Regulaz Meeting Minutes April 14, 2005. 19. RESOLUTION 60-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM `THE FLORIDA LEAGUE OF CITIES (MASTER LEASE/PURCHASE PROGRAM), OFFERING TO PROVIDE LEASE FINANCING TO PURCHASE ONE (1) RESCUE VEHICLE (AMBULANCE) IN THE AMOUNT OF $152,999.00 AT AN ANN-UAL INTEREST RATE OF 3.84% AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APLICABLE CONTRACT ON BEHALF OF THE VILLAGE. 20 g~~T r~~,~6 m/~ ~Pm~nT rvi. T~vTivr~- nn run i7TT T n r_c ~~' ~ nn Tug ~7~T,rnT~~ '~~,n~ 'r~nT rCe'r A D A T 11d u~ n~u= r~~=v~norn Tr~~.n~u,$n nnu.{n~T~n~ ~rTT~~.Tr_ ~~,~,R~~~ ~T n~^sT.~-~~P~r~~.~'rSYb`-Y-t~+f7~ti-Vtl-t~ trii!'D~ A C'TAT!''_ run 2A0-^~~~2A(~J • > > 15 Minutes -Village Council Regular Meeting 05/12/05 Page 16 D(1TTTDT~fDT~TT nrr•nrn.TT ~ nn> >'7c ~~n tinn uv Q~~n ~~~ nn AT.Tn A T TTLTf1DT~jT(_ TTID ~TTT T A f1D Ad A A~~_~'!1 DD(1!`DD7l lIAT Z'S<7TITVIQ ~R~f iT2'LL"SQTT`LPl V rlTpri7LTTTJ2T END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 15.1 Special Village Council Meeting Minutes May 3, 2005 Vice Mayor Watkins noted on Page 1, the Mayor passed the gavel so "he" could make a motion. She asked that "she" be deleted, and "he" inserted in • its place. MOTION: Vice Mayor Watkins moved to amend the minutes as stated; seconded by Council Member Resnik; motion passed 5-0. 15.2 RESOLUTION 68-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA TO HAVE COMMON POWER TO PERFORM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) ACTIVITIES WITHIN THE COUNTY, SAID COMMON POWERS BEING PURSUANT TO SECTION 125.01, FLORIDA STATUTES, AND CHAPTER 163, PART III, FLORIDA STATUTES. Attorney Hawkins read for the record the title of Resolution 68-04/05. Council Member Genco questioned the Interlocal agreement. Village Manager Couzzo noted this was over his objections, but Staff felt it would be good for the Village and County. Mr. Jeff Newell, Director of Community Development introduced Mr. Clarke. Mr. Clement Clarke, Principal Planner with Palm Beach County Department of Housing and Community Development noted currently the Village along with 29 other 16 Minutes -Village Council Regular Meeting 05/12/05 Page 17 • municipalities in Palm Beach County participated with the County, whereby HUD grants funding under the Community Development Block Grant (CDBG). He noted the funds were made available to assist persons with low or moderate income. He indicated the existing agreement would expire in September 2005, and the new agreement would start October 2005 and run until 2008. He noted the agreement conditions were established by HUD and not by the County. He reviewed the benefits to the Village. He noted there were persons who were classified as low or moderate income based on age, and physical impediments. He indicated the grant could also help with Community Centers, and with urgent needs for drainage. He mentioned the County had helped the Village a few years back on a drainage problem and heavy flooding. He noted after the hurricanes money was given to individuals to help them remove debris if it was an urgent need. Mr. Clarke felt the Village could mutually benefit from this program. He pleaded with Council to continue their participation in the program. Council Member Genco noted by signing this agreement it would allow Palm Beach County to receive a larger share of the State funds. Mr. Clarke answered in the affirmative. Council Member Genco noted the money did not necessarily have to be used in Tequesta, and it would still benefit someone in Palm Beach County. Council Member Paterno questioned whether there were any requirements that were mandated by the Federal government. Mr. Clarke answered no there were no mandates. He indicated there would be no assistance for Tequesta residents, if they were not part of the program. Council Member Paterno questioned whether the Village had to set aside any property to be developed for low-income housing. Mr. Clarke stated no. MOTION: Council Member Genco moved to approve Resolution 68-04/05; seconded by Vice Mayor Watkins; motion passed S-0. 16. RESOLUTION 55-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A PROPOSAL TO NATIONAL WATERWORKS, OF RIVIERA BEACH, FLORIDA, IN THE AMOUNT OF $23,695.67 FOR THE PURCHASE OF ASSOCIATED MATERIAL FOR THE INSTALLATION OF WATER MAIN IN THE COVE POINT SUBDIVISION, WITH FUNDING COMING FROM WATER UTILITY ACCOUNT #401-414-662.639 HAVING A FY 2004/2005 ALLOCATION OF $162,552.00 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 55-04/05. 17 Minutes -Village Council Regulaz Meeting 05/12/05 Page 18 • Village Clerk Gwen Carlisle indicated the account the monies would be coming from were the Water Utility account instead of the Capital Expansion Fund as stated in the proposed Resolution. She commented this would be for both Items 16 and 17. Council Member Paterno noted when he added the costs of $23,695.67 and $132,880.00 they totaled $156,575.67. He asked that the amount of the Resolution be reduced from $162,552.00 to $156,575.67. He felt if it was not going to be used put the extra back into reserves. Village Manager Couzzo explained the budget allocation was $162,552.00 and if the total amount were not used for the project, the difference of $5,976.33, would revert back to the reserves, and balance out that line item at zero at the end of the fiscal yeaz. Council Member Paterno noted he did not want to see that money transferred to another account. Council Member Genco agreed, and felt the money should be saved if it was not going to be used for this project. Ms. Joann Forsythe, Director of Finance commented Staff would need to know if there were any other projects that were part of this budgeted number. She noted if $5,976.33 was not needed then a Resolution would be needed to return the money. Mr. Russell White, Public Services Manager commented the $132,880,00 was for the construction and it . might come in less then that, so there could be other monies remaining in the account. Village Manager Couzzo pointed out the project could possibly come in higher. Council Member Genco felt once the Village had completion of the project, then the money could be moved back to the General Fund. She noted concerns it would be hazd to keep track of the project if it was moved azound now. Council Member Resnik agreed the money should not be transferred anywhere else. Mr. White indicated the money would not be moved, and whatever was left would stay in the line item. Council Member Paterno asked about all the budget transfers that Council would be addressing later in the meeting. Village Manager Couzzo indicated any transfers would still need to come to Council at some point. Mayor Humpage noted at the end of the project Council will know if it has come in under budget or at the budgeted amount. He felt it was best to let the projects be completed first. Council Member Paterno noted the budget transfers come in all at once and it is hard to sort out what was going on. Council Member Genco suggested it was a learning experience for everyone, and Staff may be able in the future to have one Resolution from a budget standpoint and an appropriation standpoint, instead of having two resolutions. She felt it was better to leave things alone, until everyone was comfortable with the flow. Village Manager Couzzo noted for the public sometimes the Village • goes directly to the suppliers and manufacturers for cost savings instead of purchasing from the contractor or having the contractor do the entire job. 18 Minutes -Village Council Regular Meeting 05/12/05 Page 19 • MOTION: Council Member Genco moved to approve Resolution 55-04/05; seconded by Council Member Resnik; motion passed 5-0. 17. RESOLUTION 56-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CHANGE ORDER TO DIXIE PLUMBING/GRAPE CONSTRUCTION INC., OF JUPITER, FLORIDA, IN THE AMOUNT OF $132,880.00, FOR THE INSTALLATION OF THE WATER MAINS IN THE COVE POINT SUBDIVISION, HAVING A FY 2004/2005 WATER UTILITY ACCOUNT # 401-414-662.639 ALLOCATION OF $162,552.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CHANGE ORDER ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 55-04/05. MOTION: Council Member Paterno moved to approve Resolution 56-04/05; seconded by Council Member Genco; motion passed 5-0. 18. RESOLUTION 59-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH • COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO DIXIE / GRAFE CONSTRUCTION INC. OF JUPITER FLORIDA, IN THE AMOUNT OF $21,000.00, FOR DRAINAGE IMPROVEMENTS ON NORTH CYPRESS DRIVE HAVING A BUDGETED AMOUNT OF $21,015.00 FROM FUND 403-321-662.631 THIS RESOLUTION REPLACES RESOLUTION 61-03/04; AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 59-04/05. MOTION: Council Member Genco moved to approve Resolution 59-04/05; seconded by Vice Mayor Watkins. Council Member Genco questioned if there were any drawings for the project. Village Manager Couzzo apologized for not having the drawings. Council Member Paterno questioned why the developer did not have to put this in when he developed the property. Mayor Humpage noted it was over 20 years ago. Mr. Russell White, Public Services Manager stated the developer had put in some drainage but it was not adequate today. He noted an exfiltration trench could not be cleaned, so it was getting plugged. He indicated since the property had a retention area it was • decided to extend and pipe it into the retention azea to alleviate the problem. 19 Minutes -Village Council Regular Meeting 05/12/05 Page 20 • Mr. White commented there was not a major flooding problem, and it was just to alleviate some of the standing water in the catch basins. Council Member Genco asked whether it was going to connect to the existing catch basin. Mr. White responded in the affirmative. Council Member Genco questioned whether the exfiltration trench would be removed. Mr. White indicated it would remain, and noted it was working as a conveyance system at this time. Council Member Genco asked the cost to remove the drain and replace it with a clear conveyance structure. Mr. White felt it could approximately $30,000.00. He indicated an eye would need to be kept on what goes into the exfiltration system to keep it from getting contaminated or plugging the system. Council Member Genco commented she would be in favor of doing this project if the system would last another 15 years. Mr. White responded in the affirmative. Council Member Genco indicated the Village would need to do it at the point when it becomes non-functional. Motion passed S-0. 22. Council approval to declare as surplus several pieces of equipment and consideration for these items to be donated to Guayaquil, Ecuador, Fire Department. • Council Member Genco indicated she removed this item for the public. She suggested the Chief give a quick summary, and felt it was a very generous thing to do. Chief James Weinand, Fire Chief commented this was a request from Guayaquil, Ecuador for the Village's surplus equipment that was no longer needed. He mentioned four officers visited the station on April 28, 2005 and because they heard some much about the station they wanted to see it. He noted it was equipment surplus the Village had marked. He indicated Staff had tried to donate to the college, trade in, and it did not have any value. He indicated they needed so much that they typed up a letter for the request for any equipment. Vice Mayor Watkins questioned who would be paying for the shipping. Chief Weinand indicated they would pay to get it there. He noted there was an organization called Mutual Aid American, and one of the Village volunteers was an instructor for that organization, and he goes down and teaches firefighting in Ecuador a couple times a year. They have trucks that come from the northeast to pick up the equipment and send it to that region of the world. MOTION: Council Member Genco moved to approve declaring the equipment as surplus and donating to Guayaquil, Fcuador, Fire Department; seconded by Council Member Resnik; motion passed 5-0. r1 LJ 20 Minutes -Village Council Regular Meeting 05/12/05 Page 21 • 23. Council approval of various departments Mid-Year Budget Adjustments. Council Member Genco asked if there was going to be a presentation by the Finance Director giving Council the highs and lows. Ms. JoAnn Forsythe, Director of Finance noted the budget was at the mid year. She indicated Staff had planned and prepared their budgets over 12 months ago in anticipation of their needs for the current year. She stated the Finance department sent out a request to all departments to review their current figures, and come back with any adjustments they would need to continue through the rest of the year. She commented some would need to move money around to help pay for unexpected occurrences so they would not exceed their budget. Council Member Resnik pointed out the level of detail now in the budget, and questioned why Council needed to receive all this paperwork. He felt this was just an administrative adjustment within the overall total. He felt the memo stated what was doing to be done, and that there were no problems. Ms. Forsythe agreed Council did not need to receive all this information that the only request from Council was to receive any budget transfer over $5,000.00. Mayor Humpage noted it was nice to see what the health of the budget was at mid-year, and to see if the Village was at the 50% level. Village Manager Couzzo indicated Council would be provided with the upfront information, and not all the backup. Ms. Forsythe asked if Council still wanted to review all budget transfers over $5,000.00. Mayor Humpage • indicated he would like to see the information. He mentioned the decision was already in place for Council to review anything over $5,000.00. He pointed out what Council Member Resnik would like to see would be all the changes over $5,000.00 and not all this backup material. Consensus of Council agreed to see only the budget adjustments over $5,000.00. Vice Mayor Watkins noted for the public the budget and funds were monitored to the penny, and at any given time the Manager could certainly provide Council with the materials. She explained everything was checked and double-checked before the Village spent any funds. Council Member Paterno questioned the amount that had been appropriated above the original budget. Village Manager Couzzo noted the information was provided in a memo sent to Council last week. Council Member Paterno indicated he wanted to know the total amount above the budget. Council Member Genco noted it was approximately $582,000.00 for the General Fund. Village Manager Couzzo explained all the items had to go through Council to be approved. MOTION: Vice Mayor Watkins moved to approve the mid year Budget adjustments; seconded by Council Member Resnik; motion passed S-0. END OF ITEMS REMOVED FROM THE CONSENT AGENDA • 21 Minutes -Village Council Regular Meeting 05/12/05 Page 22 • VIII. COMMUNICATIONS FROM CITIZENS - Mr. Russell von Frank, resident of Dover Road, and former Council Member mentioned it would save time at the Council meetings if Council would sit down with the Village Manager ahead of time and have their questions answered. He pointed out the freestanding advertising signs on private property, especially lawn maintenance companies that were supposedly servicing a property. He noted the neighboring homeowners may not have a sign and now everyone was be aware. He suggested making a bogus sign and putting the police department number on it for the callers. He felt it was very easy to contract someone to make the bogus signs just for the costs of materials. He asked Council to consider having these type of signs reviewed. IX. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER GENCO - Riley Complaint -Asked if anything had been done regazding the broken pipe. Village Manager Couzzo indicated there was nothing more the Village could do at this point. - Tequesta Pazk -Asked if any work had been done on securing funds for • the Pazk since Martin County Commissioner Mr. Lee Weberman visited Council. Village Manager Couzzo indicated Staff was putting something together to go to Martin County Commission. Mayor Humpage noted Mr. Webberman was to meet with Staff on Friday, but now had lost their County Administrator. - Bond Refunding -Asked if anything was taking place regazding the Bond Refunding. Village Manager Couzzo explained after hearing Mr. Ori's presentation earlier in the Meeting, Council may not want to consider at this time. He felt it might not be advantageous to move forward with the refunding. - Code Enforcement -She questioned whether the Village was going to have a Workshop on Code Enforcement issues. She pointed out that 70% of the comments from the Mayor's survey had to do with Code Enforcement. Village Manager Couzzo indicated Staff could set up a Workshop Meeting. He commented Mr. Robert Gazlo, Assistant Village Manager and the committee would be interviewing the Code Enforcement applicants tomorrow for the new position that Council approved funding for, for the remainder of the year. Council Member Genco asked if the Workshop could be held before the individual was hired to be able to delineate the job criteria. Mayor Humpage indicated the job has been posted, and the qualifications were listed, and the person needed to be 22 Minutes -Village Council Regular Meeting 05/12/05 Page 23 qualified for the position. Village Manager Couzzo suggested setting a Council Workshop to discuss what Council would like him to direct Staff and the Code Enforcement personnel. Council Member Genco felt there were a couple of different approaches, and that all of the alternatives should be looked at based on the feedback from the citizens, before giving directions and focus to the new person. Village Manager Couzzo suggested Council discussion, so they could give feedback for the position. Council Member Paterno noted along the same line, at the last Council WorkshoplSpecial Meeting he found it to be a good thing to have the meeting in the middle of the month, and as early as possible in the morning. He suggested something like Council, Coffee, and Community, which would give the public the opportunity to discuss issues, and take some of the discussion off the Regular Meeting agenda. He suggested once a month, about 1 hour per meeting, and to have it on a particular subject, or anything that Council wanted to address. Mayor Humpage suggested the third Tuesday of the month. Council Member Genco suggested a Saturday morning after 9:00 am. Council Member Resnik agreed to Saturday, and felt more people would attend. Consensus of Council agreed to have the Clerk set up a schedule, and work out a date for the monthly meeting. COUNCIL MEMBER PATERNO - Fire Department Response Times -Felt the Fire Department should be honored for their response times at 4 minutes, 8 seconds. He noted they were first in the North County Area over all other municipalities. He felt the public needed to know, and that the Village needed to keep their force well, because in a time of need those the response times could be the difference in someone's life. He felt they were doing a great job. - Thank you Signs -Thanked Village Manager Couzzo for putting up the signs. He commented it was a great idea, and had generated good publicity for the Village, and that he had been getting a lot of feedback on them. - Tequesta's Crime Rate -Wanted to mention the crime rate in Tequesta was basically at zero, and felt it should be brought to the attention of the residents that things were working, and that there were a lot of good projects coming down the road, and that the residents should be pleased in the next year or two with what is going to happen in the community. • 23 Minutes -Village Council Regular Meeting 05/12/05 Page 24 VICE MAYOR WATKINS - Thank you Signs -Commented the thank you signs were a good thing, and that the publicity had been good. She hoped they worked to slow people down. - Mayor's survey -Thanked the Mayor for sending out the survey, and felt it was exciting to receive the responses from the residents. - Movie in the Park -Thanked Mr. Greg Corbitt, Director of Pazks and Recreation for the movie in the park, and noted she had received good feedback from the residents. - Agenda Tabs -Thanked the Ms. Gwen Carlisle, Village Clerk for having the tabs on the agenda items. She noted it was much easier and faster to find the items. - Fire Department Response times -Thanked Fire Chief Weinand for the great response times. - Breakfast at Alterra -Thanked Ms. Penny Dillon who had the Council members to breakfast over at Alterra. She indicated it was nice to tour the facility, and that breakfast was a nice gesture. • COUNCIL MEMBER RESNIK - Mayor's Survey -Noted the idea of the survey and a response envelope, and a list of items for people to comment on was an excellent idea. He indicated he read the majority of the responses, and felt the response from the citizens was what Council should be developing as the goals and objectives for the Manager. - Village Manager's Monthly Report -Thanked Village Manager Michael Couzzo on the detailed report for March. He noted the extensive memo regarding Code Enforcement, which indicated a very aggresive focus on Code Enforcement issues. He felt if everything mentioned was taken care of that Code Enforcement was going to improve even more. MAYOR HUMPAGE - Mayor's Survey -Mentioned there were some surveys available at the back table for anyone who would like to respond. He noted there were three main items that had been observed so far in the feedback: 1) Code Violations, and Code concerns, which ran equal to the Pazks and Recreation Department; 2) Make Pazks and Recreation more than it is • today; and 3) Street Lights and Sidewalks. 24 Minutes -Village Council Regular Meeting 05/12/05 Page 25 • X. DEVELOPMENT MATTERS 24. Site Plan Review for The Crossings. Located at intersection of Old Dixie Highway and Village Boulevard -Cornerstone Development. Mr. Jeff Newell, Director of Community Development mentioned before Council this evening was a project that had been under discussion for several yeazs. He indicated the site plan was basically dealing with two parcels, and Staff wanted each parcel to stand on its own. He commented parcel one was the north pazcel. He explained Clare Bridge would be demolished, and a townhouse complex would be built in its place. He reviewed the site plan, noting on the north boundary there would be a scrub jay habitant created by the developer, because it was presently a scrub jay forging area. He mentioned the primary focus of the Planning and Zoning Advisory Board was the oak trees, and the perimeter fencing. He noted the developer had proposed 12 foot oak trees on the north area, and the Board requested that they increase the size to 14 foot. He noted they also approved on a contingency the perimeter fencing around the entire site. He noted the fencing would need to come back to Planning and Zoning Advisory Board for the elevations. He pointed out the density was 14.2 units per gross acres, down from the 18 units allowed. He noted parcel one meets all technical requirements of the code. Mr. Newell reviewed parcel two, noting this was the Alters site that was never • completed, and had been sitting dormant for 2 or 3 years. He explained the developer would be redeveloping the building, demolishing the southwest portion, and replacing with additional units. He noted the developer had met and exceeded the site requirements for the parking. He mentioned the site was in compliance of all codes. He reviewed the common entryway to serve both parcels. He noted the Planning and Zoning Advisory Board recommended a traffic signal for Village Boulevazd and Old Dixie Highway to accommodate the traffic from the increased density of their project, Saint Jude's Church, and the new Publix Shopping center. Mr. Newell indicated the County would need to be approached regarding the signalization at the intersection. He introduced Mr. Valent, Developer of the project. Mr. Gerald Valent, Developer, Cornerstone Group Development, Inc. indicated it had been very difficult to formulate a workable site plan, because the constrained site in terms of size and the use of the existing building. He felt they had come up with a great site plan that would be economically feasible for them. He introduced Mr. Troy Holloway, Site Planner, of Gentile, Holloway, O'Mahoney and Associates; Mr. Max Burster and Mr. Ken Busitt, Architects, of Harper Aiken Partners the original architect of the project; Mr. Stuart Trent, of Captec Engineering the original engineer on the project; Mr. Dan Dailey, Dan Dailey and Associates, Surveyor; Mr. Christopher Saia, Legal Counsel; and Ms. Angie Kominski of C&N Environmental Consultants regarding the scrub jay habitant. • 25 Minutes -Village Council Regular Meeting 05/12/05 Page 26 Mr. Valent indicated they had a requirement to put in and mitigate for an 8,000 • squaze foot piece that was on the front of the site for the scrub jays. He pointed out the mitigation plan was submitted to Florida Wildlife Commission (FWC) sometime back, and they just got verbal approval today. He noted FWC had placed three conditions on the site regarding the nesting season; the 8,000 square foot piece could not be removed until the new preserve azea has been constructed, an the types of plants for the scrub jay area. He reviewed the site plan, and elevations. He mentioned the townhouses would be 2 and 3 bedrooms, and will range from 2,100 square feet - 2,200 square feet under air, not including the garage. He indicated they have agreed to the Planning and Zoning Advisory Board recommendation on the size of the oak trees, to increase to 14 feet throughout the entire site. He explained they would be tearing down the existing building, the one-story portion that faces south, and replacing it with 14- 3 story townhomes. He indicated they have a total of 92 units, 78 flats, which include 1 bedroom, 700 - 900 squaze feet, 2 bedrooms, 1,400-1,600 square feet, and 3 bedrooms, 2,200 squaze feet. He indicated they have about 12 different unit types, and were looking at a minimum of $200.00 per square foot in sales price. Vice Mayor Watkins asked about the driveway situation, noting in other developments the driveways have been very short, and there had been a congestion problem with the cars hanging out into the street. She felt it gives the perception the buildings were so close together. Mr. Holloway commented the driveways were a minimum of 25 feet in length, and 16 feet wide, the typical • driveway for two cars. He indicated there would be more space then some of the other developments that had 16 or 18 feet for their driveways. Vice Mayor Watkins commented she was trilled to see a development come in, because the residents were always inquiring on what was going on with the abandoned building. She mentioned she liked the buildings not being all the same size, but questioned the distance of the building closest to the sidewalk on Old Dixie Highway. She questioned the setback from the sidewalk to the back of the building. Mr. Holloway indicated it would be 21 %2 feet. Vice Mayor Watkins questioned whether the building would be walled or fenced. Mr. Holloway indicated there would be a decorative fence running the perimeter of the property, with hedges on the outside. Vice Mayor Watkins felt the fencing would be more aesthetically pleasing then a concrete wall. She mentioned concerns on the density between buildings 1, 2 and 3, and 8 and 9, and indicated she would like to see less density on the buildings. She questioned whether the buildings would have the impact glass as proposed for the second floor dwellings. Mr. Valent indicated all the windows would be impact glass. He noted Planning and Zoning Advisory Board recommended that all the windows be impact glass and they agreed to that condition. Vice Mayor Watkins indicated she would prefer they reduce the number of units on the front building. Mayor Humpage pointed out Building 1 was 20 feet from the sidewalk. Council Member Genco explained she was a big scrub jay fan, and indicated she was happy to see the mitigation area. She asked if the entire dotted area on the 26 Minutes -Village Council Regular Meeting 05/12/05 Page 27 • map was for the habitat azea. Mr. Holloway indicated that area was made into a corridor for the scrub jays. Council Member Genco questioned the FWC conditions. Attorney Chris Saia reviewed the conditions from FWC. He read for the record the requirements: 1) no clearing activities are to commence during the Florida Scrub Jay nesting season which occurs from March through June; 2) that the existing Scrub Jay Habitat, Figure 5, in Report would not be impacted or cleared until the proposed Scrub Jay corridor had documented utilization by the Scrub Jay; and 3) that the preserve plantings would include clusters of scrub oaks, and native herbaceous plant species with remaining azeas as open sand, as specified in the approved preserve area, Figure 6. Council Member Genco asked if the mitigation area on the northeast corner could be increased. She felt there was still some open space, and asked for more landscaping. Mr. Valent noted they could not do that because they were almost adjacent to the building. He commented they have been working with the FWC for over 5 months to come up with this plan, and they approved the plan as submitted. He noted if the plan was to be changed it would hold up the project, since it would have to go back to FWC for approval. Council Member Genco clarified she was asking that additional plant materials similaz to what has been approved be planted there and elsewhere on the site, such as along Old Dixie Highway. Mr. Valent pointed out this was a forging area, not a nesting azea. He indicated he would look into the addition of plants for some of the other areas. Council Member Genco noted this project was much more than she had ever hoped for, and that they had a great team. • Mr. Valent addressed Vice Mayor Watkins comments regarding the building, noting they worked very hard to get diversity in the buildings, but indicated it was a very expensive piece of property, and would have liked to reduce the units, but it was not economical to do this. He felt this was the best they could do with the current property situation. Vice Mayor Watkins commented the azchitectural design on the buildings was very nice. Council Member Genco commented this project had significantly less density then the last three projects that had come forward. Attorney Saia commented at the October Council Meeting the developer had discussed an Amendment to Use Agreement that needed to be executed. He noted at that time the property had not been purchased, so the name was put into the parent corporation, and when they actually closed the property was titled in a subsidiary, called Cornerstone Tequesta, LLC. He requested that the Amendment to Use Agreement be amended to reflect the proper owner of the property. Vice Mayor Watkins asked Attorney Hawkins if he would have a problem with that. Attorney Hawkins indicated he see not see a problem. Council Member Resnik questioned the phasing plan of the project. Mr. Valent indicated the first building they would be working on was the existing three-story building. He mentioned they would be delayed on the townhouses, because of the FWC agreement. Council Member Paterno questioned if the developer would commit to installing hurricane glass impact windows for all the buildings. Mr. Valent agreed all windows would be impact glass. Council Member Paterno questioned if the green area could continue all the way up the road on Parcel 2. 27 Minutes -Village Council Regular Meeting 05/12/05 Page 28 • Mr. Valent felt physically they could not fit it in. Council Member Paterno questioned whether the density could be reduced to accomplish more green. Mr. Valent pointed out construction materials were higher and due to the economic constraints and price constraints it could not be done. Vice Mayor Watkins suggested backing up the front buildings and lessen the driveway depth to give more green area. Mr. Valent noted Council's previous comments regarding the driveways being so tight, and that they did not want to see the driveway area so narrow. Council Member Genco questioned the Village plans for landscaping the green area on the east side of Old Dixie Highway. Village Manager Couzzo noted there was nothing planned for the east side. Council Member Genco questioned whether Council could ask for trees to be planted on the east side. Attorney Saia questioned who owned the green area on the east side. Village Manager Couzzo indicated it was a public right-of--way. Attorney Saia questioned whether it was County properly. Village Manager Couzzo commented it was County property. Mr. Valent indicated it would be up to the County. Council Member Genco felt a few trees would soften the area. She indicated the Village was in the process of a major landscaping project on the west side of Old Dixie Highway for the benefit of all the residents in this area. Mr. Holloway noted the developer would definitely look into it, but commented there were a lot of utilities on the north side they would have to work around. Mr. Holloway agreed as long as they could squeeze them around the lines. Attorney Saia indicated the developer was willing to work with the County and the Village to accomplish the additional trees. Mr. • Valent agreed he had no problem with that, but indicated they would have to work with the County. He asked that the Village help to coordinate with the County. Vice Mayor Watkins indicated she would appreciate any effort the developer would put toward getting those additional trees installed. Village Manager Couzzo indicated the Village would take the led. Council Member Genco suggested the developer may want to review the plans for the west side. Council Member Paterno noted in reference to Building 1, he questioned how far was the first unit from the circle. Mr. Holloway indicated it was 10 feet. Council Member Paterno questioned whether the first unit could be dropped off the building. Mr. Holloway mentioned the intersection was heavily landscaped with royal palms, shrubbery and ground covers. Council Member Paterno noted he liked the idea of a bigger entry. Mr. Valent explained one unit had to be dropped for the scrub jay habitant. Council Member Paterno suggested removing an additional unit on the other end of the property, since he had concerns on the scrub jays area. He mentioned he was not really in favor of mitigating the scrub jays. Mr. Valent pointed out the scrub jays do not nest on this property. Mr. Valent noted the scrub jay area was increased to accommodate the scrub jays. He mentioned he took pictures of the existing scrub jay area, and the condition was not really much of an area. Mr. Holloway indicted the northern most unit from Building 3 had already been dropped, so there were 59 units instead of 60, as proposed on the site data. Mayor Humpage mentioned concerns on the Planning and Zoning Advisory Board recommendations on the traffic signal. 28 Minutes -Village Council Regular Meeting 05/12/05 Page 29 • Mr. Newell stated that was a concern of the P&Z Board, and that the Village should approach the County. Mayor Humpage mentioned concerns that if a traffic impact study was done and the County recommended a traffic light he did not want the Village to be saddled with the entire cost. Mr. Valent noted a traffic study was done for the project, and he did not see anything on a traffic signal being required. Mayor Humpage felt the traffic would be less under an Adult Living Facility (ALF) then with their proposed development. Mr. Newell mentioned in the traffic data submitted there was no recommendation for the signaling. He mentioned this was a recommendation coming from the Planning and Zoning Advisory Board. Council Member Resnik noted there would be increased traffic due to Publix, and the church, and this development. Mr. Newell commented he felt the intent of the Planning and Zoning Board was not to put the burden on the developer, but they were asking Council to consider making the approach to the County. Council Member Genco noted the County would not let a traffic signal go in, unless it met a certain criteria threshold. Mayor Humpage suggested Staff and Council not lose track of this traffic signal. Mayor Humpage questioned whether the streets in the development were two- way. Mr. Holloway responded in the affirmative. Mayor Humpage questioned whether the internal streets were considered major or minor streets. He mentioned there were 90-100 feet in-between buildings. Mr. Newell explained this was an internal driveway configuration, not a public right-of--way like a collector road, or minor street. Mayor Humpage noted after reviewing the plan more closely there • was 75 feet in-between the buildings. Mr. Newell confirmed. Mayor Humpage questioned if there would be any postal issues that the Village would run into regarding the street names, such as with Lighthouse Cove. Mr. Newell indicated he would be working closely with the developer on the plat, and he will look at those issues. He mentioned an amendment to the plat would come back to Council for approval. He indicated he work with the post office. Mayor Humpage questioned whether all the stormwater criteria had been met for the site. Mr. Stuart Trent, Captec Engineering mentioned all the criteria had been met. Mayor Humpage asked if Mr. White, Public Services Director was in the loop. Mr. Newell indicated he was. Mayor Humpage mentioned he was very pleased that the developer had not requested any relief from the current codes. He indicated there were no density problems, no elevation problems, and no variance considerations. He commented he liked applicants that brought projects forward that required no code changes. MOTION: Council Member Resnik moved to approve the site plan; seconded by Vice Mayor Watkins; subject the FWC conditions, and the trees on the east side of Old Dixie Highway; motion passed S-0. Village Manager Couzzo questioned if it would be Council's desire to have Staff meet with Connie Fisher to look at a design for the east side to complement the LJ 29 Minutes -Village Council Regular Meeting 05/12/05 Page 30 • west side of Old Dixie Highway. Consensus of Council agreed. Vice Mayor Watkins indicated it should be simple to complement the west side. Council Member Genco commented she needed to leave the meeting, due to an early morning trial. She noted she was trilled about moving forward with Constitution Park. Council Member Genco left the Meeting at 10: SO P.M. XI. NEW BUSINESS 25. ORDINANCE 598 -FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING EXHIBIT "A" AND EXHIBIT "B" OF SECTION 2-61 OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE EMPLOYEES' PENSION TRUST FUNDS; AMENDING EXHIBIT "A" TO PROVIDE FOR 6 YEAR VESTING FOR ENTITLEMENT TO DISABILITY BENEFIT; AMENDING EXHIBIT "B" TO PROVIDE FOR BOARD OF TRUSTEES ADMINISTRATIVE DUTIES; AMENDING EXHIBIT "B" TO PROVIDE FOR INCREASE IN CONTRIBUTION OF FIREFIGHTERS; AMENDING EXHIBIT "B" TO INCREASE THE NORMAL RETIREMENT BENEFIT; AMENDING EXHIBIT "B" TO INCREASE THE MONTHLY SUPPLEMENTAL BENEFIT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTNE DATE. Attorney Hawkins read for the record the title of Ordinance 598. Mayor Humpage opened the public hearing. MOTION: Vice Mayor Watkins moved to approve First Reading of Ordinance 598; seconded by Council Member Resnik. Council Member Resnik noted in reading the memo it stated there would be no impact on the contributions from the Village. He questioned whether the contribution was increasing based on the changes. He noted there was an increase on Actuarial table for Police Officers, Page 3, Employer Normal Cost from $53,969.00 to $61,361.00. Chief James Weinand, Fire Department explained the plan Normal Cost was increasing, but on Line L, the supplement amount from the State revenue was also increasing. He noted the payroll percentage was staying the same, but the plan costs would go up, but they were paid for out of Chapter 175, & 185, supplement money. • 30 Minutes -Village Council Regular Meeting 05/12/05 Page 31 • Mayor Humpage asked for public comments. Their being no comments, Mayor Humpage closed the public hearing. Motion passed 4-0. 25.1 A) RESOLUTION NO. 49-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, TO RECOGNIZE GRANT REVENUE FROM THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT IN THE AMOUNT OF $19,950.00 AND TO APPROPRIATE $19,950.00 FOR THE PURCHASE AND INSTALLATION OF A VIDEO SURVEILLANCE SYSTEM AT THE WATER PLANT, THEREBY INCREASING THE AMOUNT BUDGETED IN REVENUE ACCOUNT #401-000-334.210 AND INCREASING THE AMOUNT BUDGETED IN EXPENDITURE ACCOUNT #401-242-664.600. Attorney Hawkins read for the record the title of Resolution 49-04105. MOTION: Vice Mayor Watkins moved to approve Resolution 49-04/05; seconded by Council Member Resnik. Mayor Humpage stated this was a Florida Department of Law Enforcement (FDLE) grant. Mr. Robert Garlo, Assistant Village Manager • mentioned the Water Treatment Plant was near the deadline for this grant. He indicated he would review the specifics of the system under Item 25.1B. Motion passed 4-0. 25.1 B) RESOLUTION 50-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO INTERNATIONAL SECURITY NETWORKS, INC. OF SINGER ISLAND, FLORIDA, IN THE AMOUNT OF $19,950.00, FOR THE PURCHASE AND INSTALLATION OF A SURVEILLANCE SECURITY SYSTEM AT THE WATER TREATMENT PLANT, HAVING BUDGETED $19,950.00 IN THE WATER UTILITY FUND #401-242-664.600 FROM GRANT REVENUE ACCOUNT #401-000- 334.210, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 50-04/05. MOTION: Council Member Resnik moved to approve Resolution 50-04/05; seconded • by Vice Mayor Watkins. 31 Minutes -Village Council Regular Meeting 05/12/05 Page 32 Mr. Robert Garlo, Assistant Village Manager mentioned there was a need to install a surveillance system at the Water Treatment Plant. He indicated later in the agenda Council would also be addressing the proposal for Constitution Park. He commented the intent was to acquire a system that would integrate the future needs of the Village, and to formulate a policy that says wherever the cameras were placed that video surveillance and video recording will be accomplished in the 911 Center. He explained Staff looked at ways to do it by way of a fully wireless network system. He mentioned Council Member Paterno and Staff had investigated and researched systems, and in addition traveled to the Town of Manalapan to see their recognized state-of--the-art system in Palm Beach County. He recommended approval of the proposal from International Security Networks, Inc. He distributed a revised quote. He introduced Mr. Mike Bellany. Mr. Mike Bellany, of International Security Networks, Inc. gave a brief overview of the proposal. He noted it would include fixed and panoramic view cameras, which would allow an operator to take a closer look at an azea, or change the view of the camera should there be a need. He stated from there the system goes into an encoder or server that changes the video signal into data so that it could be transferred easily. He mentioned what was proposed was very fast, and very secure method of transferring the data from the Water Plant to the Police Department. He indicated once • the data had amved at the Police Department it would be controlled by a software based camera network. He stated it would provide triggers to make aware the dispatch center that something was taking place, and in addition, it would azchive the information, so it could be played back and reviewed to take appropriate action. He commented the system could be easily expandable. Vice Mayor Watkins questioned whether someone would need to be hired to monitor the system. Mr. Bellamy noted most people just let the system run. He suggested an audio and visual alert be put in place to let the Police know someone was at the Water Treatment Plant. He felt it was rare to have someone sit at the monitors all day long and try to catch an event as it occurred. Assistant Manager Gazlo commented the dispatch currently has a monitor that has a dozen boxes on it with different cameras, and they do not actually sit there and monitor the cameras unless there was a need. He mentioned there were two issues to consider: 1) Have an alazm that would actually alert them to look at what might be happening at the moment; and 2) have a recording of the event for solving crimes. He explained it was currently being done at the 911 Center, and this proposal would not affect them additionally. Mayor Humpage questioned the cost based on the revised numbers. He asked whether the Resolution would need to be changed. Assistant Manager Gazlo mentioned on the one • proposal the cameras were individually encoded and so it was slighting 32 Minutes -Village Council Regular Meeting 05/12/05 Page 33 • higher, but had additional benefits. Council Member Paterno mentioned the Village was currently getting free high-speed internet service at the Water Treatment Plant and Parks and Recreation. He mentioned one thing Staff would like to do was to bring that high-speed internet service from the Water Treatment Plant down to the Public Safety Building, and it would give access to the Police and Fire Departments the ability to go to another source. He explained if there was a hurricane or DSL goes down that they would have another source to go to. He mentioned there would be no on-going costs, once two more antennas were installed. Council Member Paterno indicated the additional cost would be $4,276.00 for the two antennas. He pointed out the Water Treatment Plant staff would be able to view the cameras for other purposes and functions, but they would not be able to do anything with the tape. He noted it would also give Police and Fire access to another high-speed internet. He explained once the new Village Hall was completed, and they moved in, since the tubes would already be in the ground, the current Village Hall DSL could be eliminated. He indicated there would be no on-going costs, and would eliminate the $80.00- $90.00 per month hook-up currently being spent. He recommended that two additional antennas be placed in the cost. Village Manager Couzzo questioned whether the two antennas would be part of the original proposal. Council Member Paterno indicated • the additional $4,200.00 would have to be paid separately to the same company. Village Manager Couzzo commented that would be a change order to the proposed contract. Assistant Manager Garlo indicated it was provided in the quote. Mayor Humpage questioned whether it was under $5,000.00. Council Member Paterno answered in the affirmative. Consensus of Council agreed. Council Member Paterno indicated if additional bandwidth were needed in the future, the Parks and Recreation would also receive free DSL. He noted the antennas could be shifted to any location, at any time. Mayor Humpage indicated he was fine with giving the Village Manager the authority to do a change order. Village Manager Couzzo indicated he would find the money in the existing budget. Motion passed 4-0. 26. A) RESOLUTION 57-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF $162,146.23 FROM THE CAPITAL PROJECTS FUND #303, TO FUND THE REMAINING RENOVATIONS FOR CONSTITUTION PARK AND BUDGETING THESE FUNDS FOR BUDGET YEAR 2004/2005, ACCOUNT # 303-316-663.672 - • CONSTITUTION PARK IMPROVEMENTS. 33 Minutes -Village Council Regular Meeting 05/12/05 Page 34 • Attorney Hawkins read for the record the title of Resolution 57-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 57-04/05; seconded by Mayor Humpage. Mayor Humpage questioned whether the amount was correct based an earlier conversation he had with the Village Manager. Village Manager Couzzo noted the numbers were correct. Mayor Humpage questioned whether the $25,000.00 was removed from the proposal for the Walking Path Resurfacing and Tequesta Pazk Improvements. He felt those items were already approved in the 2004/2005 Budget. Mr. Greg Corbin, Director of Parks and Recreation explained the total amount of the current budget was $364,781.00, which included the Walking Path Resurfacing and the Tequesta Park Improvements. He indicated the cost of these Constitution Park proposals were $506,936.23, and if you subtract that amount by the $364,781.00 that would leave a balance of $142,155.23. He commented in addition, the video surveillance cameras were added to the proposals, which added another $19,991.00. He commented the total amount needed was $162,146.23. Council Member Resnik reviewed the figures, noting only $60,000.00 out of the budgeted amount had been spent to date. Mr. Corbitt agreed. Council Member Resnik questioned whether all the work could be accomplished in this fiscal year. Village • Manager Couzzo noted the bids were out, and the contracts were before Council for approval. Mr. Corbitt indicated these contractors were to have the work completed by the end of the fiscal year. He noted once the notice to proceed was given, the contractors have 120 days to complete the project. Council Member Resnik mentioned an article in the local newspaper where Representative Joe Negron has gotten approval in the State budget $112,00.00 for Constitution Park. Village Manager Couzzo indicated that was a proposal sitting on the Governor's desk for approval for other projects, not these that were before Council. Mr. Corbitt clarified the amount of the grant would be for $150,000.00. Vice Mayor Watkins stated if there was anything that needed funding, it was the Parks and Recreation program. She mentioned the Mayor's survey indicated the residents would like to have more Pazks and Recreation services. She mentioned in talks with Commissioner Marcus regarding the Old Dixie Highway and Tequesta Drive she indicated in future years there would be money for pazks. Mr. Corbitt commented since Tequesta Pazk was in Martin County, Palm Beach County would not be able to contribute any funds. Council Member Paterno suggested reviewing the bid proposals before appropriating the dollazs at this time. Pillage Manager Couzzo suggested taking Item 27 before Items 26A and 26B. 34 Minutes -Village Council Regular Meeting 05/12105 Page 35 • Mayor Humpage pointed out if any items under Item 27 were changed, it would involve more engineering fees. He pointed out the Village had already spent $60,000.00 for engineering fees to date. Village Manager Couzzo suggested if the items under Item 27 were approved they would be contingent on the approval of Items 26A &26B. Consensus of Council agreed. 27. A) RESOLUTION 61-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO WELCH TENNIS COURTS, INC., OF SUN CITY, FLORIDA, IN THE AMOUNT OF $357,132.45, FOR CONSTITUTION PARK FROM BUDGETED IN CAPITAL PROJECTS FUND #303 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 61-04105. MOTION: Vice Mayor Watkins moved to approve Resolution 61-04/05; seconded by Mayor Humpage. Mr. Greg Corbitt, Director of Parks and Recreation commented Welch • Tennis Courts Inc. would be providing the following services: general site work, demolition of the current playground equipment, tree protections, installing the curbing around the playground, sewer system for the restrooms, a drainage system for the playground areas, repaving the current walking trail, constructing the restrooms, a picnic pavilion. He indicated those were some of the things required in order to fill the grant. He noted they would also be installing the concrete pads for the benches, replace and install a new Coldwater fountain, landscaping, sod and irrigation. He indicated in an alternate bid they would be installing a Coldwater fountain at the Skate Park Council Member Resnik asked if they would be doing everything concurrently in order to complete by the end of the fiscal year. Mr. Corbitt nodded in the affirmative. Mr. Corbitt noted that Mr. Chris Dellago, formerly with CHM2Hil1 and who had been working on the project since its inception was present at the meeting on his own time. Mr. Corbitt thanked Mr. Dellago for attending the meeting. Mayor Humpage questioned the amount of the alternate bid on the Skate Park water fountain. Mr. Corbitt indicated it would be approximately $3,200.00. Council Member Paterno questioned whether the fence to the north was going to be included in this project. Mr. Corbitt answered yes. Council Member Paterno distributed pictures taken at the park. He noted on Page 3, the pictures of the existing fence had major rust stains. He • asked whether the well water would continue to be used after all the new equipment was installed. 35 Minutes -Village Council Regular Meeting 05/12/05 Page 36 • Mr. Corbitt mentioned he had spoke with Mr. Russell White, Public Services Director and a new meter for the Park would be approximately $18,000.00. He indicated after discussion Staff felt they could tap into the existing meter that already irrigated Seabrook at a very inexpensive price. He felt it was something that could be done in-house. Council Member Paterno cautioned the number of sprinkler heads, because of the pressure. Mr. White felt the meter should be adequate. Mayor Humpage noted money would be saved because a pump would not be needed. Mr. White indicated the Village would also save on electricity. Mr. Corbitt displayed a picture of the playground equipment. Council Member Paterno indicated in the proposal the small playground area had been moved to where the basketball court was. Mr. Corbitt indicated the basketball court would not be moved. He mentioned the playground area would be where it currently existed, except there would be a separation between the two areas. Council Member Resnik questioned the original proposal to move the basketball court to open up the green area. Mr. Corbitt explained because of the budget it was not being moved at this time. Mr. Dellago noted in the early master plan proposal it was noted there would not be any money for moving the location of the basketball court. Mr. Corbitt pointed out it was not one of Council's priorities. Mr. Dellago noted the only shady area that the park had at this time, was • where the children play. He cautioned Council it would not be wise to stick a playground area out in the hot sun. He felt there was a large enough piece of land that could be developed in the future. Village Manager Couzzo felt the playground would play better on the north end adjacent to the basketball court, so that it split the pavilion area, and parents could watch their children both ways. Mr. Corbitt mentioned when the basketball court gets moved in the future, two of the hoops could be eliminated since they were not used. He noted shifting the small pavilion area would increase the large open space area for events, such as movie in the park, etc. Council Member Resnik pointed out this site plan was not the plan they would be approving this evening. Mayor Humpage indicated the plan was changing based on Council's discussion. Council Member Paterno mentioned concerns on whether the construction would interfere with summer camp. He suggested doing the construction after the summer. Village Manager Couzzo suggested there could be a separation of the construction because they could start in the north portion. He indicated some areas would still be open, and it could be sectioned off with construction fencing. Mr. Corbitt commented summer camp had been planned around the construction. He noted the old playground equipment needed to be removed. Mayor Humpage agreed the playground equipment was old. 36 Minutes -Village Council Regular Meeting 05/12/05 Page 37 Council Member Paterno asked for a breakdown on the restrooms, and infrastructure. Mr. Corbitt mentioned the restrooms would be approximately $68,040.00, the fill $920.00, and the electrical units $4,200.00. He indicated it was all in the cost estimate. Council Member Resnik asked if the skate park, the gazebo and the trees around the gazebo were to remain unchanged. Mr. Corbitt indicated they would stay the same. Council Member Resnik clarified that Playground B would be relocated near the pavilion, and that Playground A would remain, and the area that was to be the basketball court will now be open space. Mr. Corbitt agreed, and mentioned until the next phase when the basketball court was relocated. Council Member Paterno explained the project was $162,000.00 over budget, and the restroom infrastructure was approximately $120,000.00, and if this portion was done in the next phase, it could be budgeted for next year. He felt then Council could address the possibility of moving the restrooms back behind the building. Mayor Humpage noted the Village would have a chance of losing the grant money the project was not started. Mr. Dellago indicated that was the biggest item in the grant application. He noted the site plan went through Planning and Zoning Advisory Board and Council for approval with the restrooms stationed in the center of the Park. Council Member Paterno pointed out on Page 2, of his handout, that • the view to the other side of the park would be blocked with all the shrubbery. He indicated he did not like the restrooms in the middle of the park. Mr. Dellago noted the at the Lantana park the restrooms were located in the middle, and they are close to every amenity. Council Member Paterno felt by placing the restrooms in the middle it would cut down on the amount of greenspace, and use valuable space; where as if the restrooms were up against the building they would use less space. Mayor Humpage noted as the site plan went through the process, the residents preferred to have the restrooms in the center of the park. He felt the Village needed to move forward on this project. Council Member Resnik commented it was the Planning and Zoning Advisory Board who preferred to have the restrooms centrally located. He mentioned they wanted the restrooms in the middle for two reasons: 1) Accessibility; and 2) Security of the children. He felt there would be as much security for the children with the cameras to the back of the building, as in the center on the restrooms. Mr. Corbitt pointed out it was more than a restroom facility; the other side functions as a concession stand for the public. Council Member Paterno mentioned concerns on the restrooms being locked from the inside. He suggested having enough space to allow other people to come into the restroom. Village Manager Couzzo indicated Staff would review the issue. He stated another option could be the doors could remain • open during the day, and padlocked at night. He suggested giving Staff the authorization for Staff to perform some of the work to save on the cost of 37 Minutes -Village Council Regular Meeting 05/12/05 Page 38 • the contract, such as demolition of the playground equipment, etc. Consensus of Council agreed. Motion passed 4-0. 27. B) RESOLUTION 62-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO MIRACLE RECREATION EQUIPMENT COMPANY INC., OF MONETT MISSOURI, IN THE AMOUNT OF $134,265.70, FOR CONSTITUTION PARK (PLAYGROUND EQUIPMENT, AND INSTALLATION) FROM BUDGETED IN CAPITAL PROJECTS FUND #303 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 62-04/05. Mr. Greg Corbitt, Director of Parks and Recreation indicated the surfacing of the playground would be wood fiber. He noted the playground equipment would be ADA compliant, rubber mats under all fall zones, such as swings and slides, and would include free installation. He reviewed the color choices and the playground equipment for playground • areas A &B. Council Member Resnik asked if his rendering was both playgrounds. Mr. Corbitt indicated the rendering showed the equipment for both playgrounds, noting that there would be a true separation between the two playground azeas. Village Manager Couzzo questioned whether the playgrounds would be curbed. Mr. Corbitt noted the lazger playground would have a concrete curb heading and catch basins around it, and that would be installed by Welsh Tennis Courts, Inc, but noted the smaller playground would not have the curbing. Vice Mayor Watkins felt the curbing on the smaller playground may cause the children to fall. She questioned the life span of the playground equipment. Mr. Corbitt pointed out it should last 50-100 years. MOTION: Vice Mayor Watkins moved to approve Resolution 62-04/05; seconded by Mayor Humpage; motion passed 4-0. 27. C) RESOLUTION 63-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO LANDSCAPE STRUCTURES INC., OF DELANO, MN, IN THE AMOUNT OF $7,223.28, FOR CONSTITUTION PARK (SWINGS) FROM BUDGETED IN CAPITAL PROJECTS FUND #303 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE • APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE 38 Minutes -Village Council Regulaz Meeting 05/12/05 Page 39 • Attorney Hawkins read for the record the title of Resolution 63-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 63-04/05; seconded by Council Member Resnik; motion passed 4-0. 27 D) RESOLUTION 64-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO REP SERVICES INC., OF LONGWOOD, FLORIDA, IN THE AMOUNT OF $8,314.80, FOR CONSTITUTION PARK (BENCHES AND RECEPTACLES) FROM BUDGETED IN CAPITAL PROJECTS FUND #303 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 64-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 64-04/05; seconded by Mayor Humpage. Council Member Paterno asked if the trash receptacles could have a closed lids. Mr. Corbitt indicated they could order them that way. Consensus of • Council agreed. Motion passed 4-0. Mr. Corbitt questioned the timeline for the next phase and relocating the basketball court, so the green space could be reclaimed. Village Manager Couzzo suggested it should be placed in the budget for next yeaz. Council Member Resnik asked what was going to be done with the pavilion once the playground was moved into the greenspace. Mr. Corbitt indicated the pavilion would not be moved, that it would stay in the same location. He explained the pazents could sit in the pavilion and see their children at both playgrounds. 27. E) RESOLUTION 69-04/05 -A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO INTERNATIONAL SECURITY NETWORKS, OF SINGER ISLAND, FLORIDA, IN THE AMOUNT OF $19,956.00, FOR THE PURCHASE AND INSTALLATION OF A SURVEILANCE SECURITY SYSTEM AT CONSTITUTION PARK, FROM BUDGETED IN CAPITAL PROJECTS FUND #303, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. 39 Minutes -Village Council Regular Meeting 05/12/05 Page 40 • Attorney Hawkins read for the record the title of Resolution 69-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 69-04/05; seconded by Mayor Humpage. Mr. Robert Garlo, Assistant Village Manager mentioned the amount of the proposal was $19,565.00. Motion passed 4-0. Ms. JoAnn Forsythe, Director of Finance commented Item 26B should be approved before Item 26A. 26 B) RESOLUTION 58-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF $162,146.23 FROM THE GENERAL FUND #001, AND AUTHORIZING THE TRANSFER OF THESE FUNDS TO THE CAPITAL PROJECTS FUND #303, TO FUND THE ADDITIONAL COST OF REMAINING RENOVATIONS FOR CONSTITUTION PARK. • Attorney Hawkins read for the record the title of Resolution 58-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 58-04/05; seconded by Mayor Humpage. Mayor Humpage pointed out the water fountain at the skateboard park was not included in the project costs. Village Manager Couzzo explained the money the Village saved by utilizing Staff would afford some of the smaller extras not included in the bid proposals. Mayor Humpage pointed out he would want the lines run at the time of construction for the water fountain to the skate park. Mayor Humpage asked Council to consider taking the money coming from Sprint or Nextel and earmark one of those accounts to pay for this. Village Manager Couzzo indicated Council had previously discussed earmarking some revenues to be used for Parks and Recreation. Motion passed 4-0. 26. A) RESOLUTION 57-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROPRIATING ADDITIONAL FUND BALANCE OF $162,146.23 FROM THE CAPITAL PROJECTS FUND #303, TO FUND THE REMAINING RENOVATIONS FOR CONSTITUTION PARK AND BUDGETING THESE FUNDS FOR 40 Minutes -Village Council Regular Meeting 05/12/05 Page 41 • BUDGET YEAR 2004/2005, ACCOUNT # 303-316-663.672 - CONSTITUTION PARK IMPROVEMENTS. Discussion and motion made earlier in the meeting by Vice Mayor Watkins, and seconded by Mayor Humpage. Motion passed 4-0. 28. RESOLUTION 65-04105 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO AN INTERLOCAL AGREEMENT, (R2005-0207), DATED FEBRUARY 1, 2005, AND APPROVED BY COUNCIL RESOLUTION 22-04/05; INCREASING THE AMOUNT OF FINANICAL ASSISTANCE FROM PALM BEACH COUNTY AN ADDITIONAL $135,000.00 FOR IMPROVEMENTS TO BE MADE IN THE VICINITY OF THE TEQUESTA DRIVE AND OLD DIXIE HIGHWAY INTERSECTION. Attorney Hawkins read for the record the title of Resolution 65-04/05. MOTION: Vice Mayor Watkins moved to approve Resolution 65-04/05; seconded by Council Member Resnik. Vice Mayor Watkins pointed out the approval of the County's $135,000.00 was contingent on the approval of the Board of County Commissioners approving the funding. She asked what would happen if the Board did not approve the funds. Village Manager Couzzo indicated Staff would be bringing the engineering design to Council at the next Council meeting. Mr. Robert Garlo, Assistant Village Manager explained the funds were from District 1, Commissioner Karen Marcus discretionary funds. Motion passed 4-0. XII. ANY OTHER MATTERS Mayor Humpage mentioned the first item on the agenda regarding the fencing from the residents of Yacht Club Place and Country Club Drive. He noted when the principals requested this presentation they were under the impression they would not be time constrained. Mayor Humpage pointed out because of the length of the agenda, he would only allow them 10 minutes for their presentation. He explained unless it was an agenda item, their time would be limited, so they requested that it be placed on the regular agenda. He indicated it was Council's discretion of whether they would want to place the item on the June meeting agenda. 41 Minutes -Village Council Regular Meeting 05/12/05 Page 42 Vice Mayor Watkins felt out of courtesy they should be allowed to make their presentation. She noted it was the second-time they were postponed to another date. Mayor Humpage indicated he would want all the residents notified of the meeting. Vice Mayor Watkins suggested sending them a letter that it would be an agenda item, with a 20-minute limitation for their presentation. Village Manager Couzzo suggested arranging the meeting time with their legal Counsel. He' explained it would be an informational item, not an action item. Council Member Resnik questioned what the item would be called. Village Manager Couzzo noted it would be very similar to the current item. Consensus of Council agreed to allow the presentation, and to set the time through the legal counsels. Village Manager Couzzo thanked Mr. Greg Corbitt, Director of Parks and Recreation for all his hard work on Constitution Park. He welcomed back Chief Steve Allison, Police Chief after his illness. He thanked Mr. Robert Garlo, Assistant Village Manager for all his work on securing the $135,000.00 grant from the County. He thanked Mr. Jeff Newell, Director of Community Development for all his work on the site plan for The Crossings. Mayor Humpage mentioned he hoped the press would publicize the new Constitution Park, and The Crossings. He pointed out the good thing was The Crossings site plan needed no amendments or relief from the existing codes. XIII. ADJOURNMENT MOTION: Council Member Resnik moved to adjourn the meeting; seconded by Vice Mayor Watkins; motion passed 4-0. The Meeting was adjourned at 12:10 a.m. ~~. wen Carlisle Village Clerk • 42