HomeMy WebLinkAboutMinutes_Regular_03/10/2005• MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
THURSDAY, MARCH 10, 2005
399 SEABROOK ROAD
TEQUESTA, FLORIDA 33469
I. CALL TO ORDER AND ROLL CALL -The meeting was called to order by
Mayor Pat Watkins at 7:03 P.M. A roll call was taken by Village Clerk, Gwen
Carlisle. Present were: Mayor Pat Watkins, Vice Mayor Geraldine A. Genco,
Council Member Edward D. Resnik, Council Member Russell J. von Frank, and
Council Member Jim Humpage. Also in attendance were: Village Manager
Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen
Carlisle, and Department Heads.
Council Member von Frank quoted General McArthur "Old soldiers never die,
they just fade away".
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Council Member Humpage gave the invocation, and led the pledge allegiance to
• the flag.
III. PRESENTATIONS
Special Recognition to Council Member Russell J. von Frank
Mayor Watkins presented flowers to Mrs. Von Frank. She mentioned it has been
an honor and a privilege to work with Council Member von Frank, and that he
will be truly missed on the Council. She commented she hoped to see him in the
audience. She commented Council may not be able to have a meeting without
Mrs. Von Frank in the audience, since there were many meetings where she was
the only attendee in the audience. Mayor Watkins presented a plaque to Council
Member von Frank. She read the following salutation from the plague: " In
appreciation if your meritorious and dedicated years of service to the Village of
Tequesta, Tequesta, Florida, Russell J. von Frank". She noted it listed all the years
he served as a Council Member and Vice Mayor, and the names of all his fellow
colleagues that were currently serving on Council.
IV. REMARKS OF OUTGOING COUNCIL MEMBERS
Seat 4 -Russell J. von Frank
Council Member von Frank felt he was leaving Council in good hands. He
mentioned as he looks over the audience there are a lot of faces that he sees still
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• coming to Council meetings today. He mentioned he was not going to say a lot
because there would be an article about him in the next Smoke Signals. He
commented that his friend and neighbor, Mr. Wade Greist will be truly missed,
and explained after many conversations Mr. Griest, Mr. Griest had put his house
up for sell and was offered $300,00.00. He pointed out he was on his best
behavior since the realtor was Mayor Pat Watkins. Mayor Watkins mentioned the
house was under contract, and Mr. Greist's asking price was $295,000.00. Mayor
Watkins mentioned the Village was very pleased to have had Mr. Von Frank on
Council, and wished him the best of luck.
V. COUNCIL OATH OF OFFICES
Village Manager Couzzo administered the Oaths of Office to each Council
Member for the following seats:
Seat 4 -Tom Paterno
Seat 2 -Incumbent -Pat Watkins
VI. REMARKS OF INCOMING COUNCIL MEMBERS
Seat 4 -Tom Paterno -Thanked Council Member von Frank for his service to the
• Village, and his wife, Mrs. Von Frank for her support to her husband and the
Village. He felt a good spouse makes the difference in somebody. Thanked
everybody who voted for him. He pointed out he moved here three years ago, and
felt this was a unique place to live. He felt the people in Tequesta were kind and
considerate and felt this was the best place he could be. He appreciated his family,
and the neighborly and friendly people. He state he would like to set goals for
himself so as to make good decisions. He noted some issues of importance to him
are the redevelopment of the downtown area and some folks he had spoken with
do not want to see the Village change. He commented he would be more than
happy to listen to people, because he wanted to keep the Village the best place to
live.
Seat 2 -Mayor Pat Watkins commented that it has been a very rewarding
experience to be on the Council. She mentioned the Council Members have been
very kind and gracious in helping her from the beginning in understanding the
process as far as Council Meetings go when in session, and indicated it has been
an honor and a privilege to represent the Village as Mayor. She indicated it has
been very gratifying to hear so many comments and wonderful responses from the
community about Tequesta, that they enjoy living here, and that they love the
services that are offered, and are very proud of the Village. She stated there are a
lot of things happening in the Village, such as building, and reconstruction. She
felt the Village's services were getting better, and commented that the Village has
• won so many awards for Police, Fire, Water, etc. She stressed during the
hurricanes the Village exemplified how a City should work together with its
community, and helping to get the Village back on its feet. She felt the Village
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• was one of the first communities to clean up their debris from the first hurricane,
and commended the Village Manager and the Public Works Director, Mr. Preston
on the effort to take care of it as quickly as possible. She stated the Village runs
well, and that it would not happen if the Village did not have an organized
Manager. She thanked the Village Manager for all his help since she started as
Mayor. She thanked all of the Staff members as well for helping her and Council,
and making their jobs easier. She commented it has been an honor, a pleasure, and
a privilege to serve on Council, and was looking forward to the next two years as
a Council Member.
VII. APPROVAL OF AGENDA
MOTION: Council Member Humpage moved to approve the agenda; seconded by
Council Member Resnik.
Council Member Resnik removed Item 12 from the Consent Agenda.
Council Member Paterno removed Item 11 and Item 13 from the Consent
Agenda. He mentioned he currently serves as a Board Member on the General
Employees Pension Board, and would need Council's approval to remain on the
Board. Mayor Watkins suggested placing the Board Appointment under Any
• Other Matters. Village Manager Couzzo suggested added as Item 19, under New
Business to the agenda. Consensus of Council agreed.
Vice Mayor Genco requested that Items 17a, and Item 17b be reversed in order.
She mentioned she would like to make a comment just prior to Item 1, Village
Council Reorganization.
Council Member Humpage noted he had questions he would like to ask the Chief
reading the Agreement for the 707 Bridge closure. He asked that this item be
placed under Any Other Matters. Consensus of Council agreed to place this item
under Any Other Matters.
Mayor Watkins asked for a Council discussion under Any Other Matters for
scheduling a Workshop date for Council Policies and Procedures. Council
Member Humpage pointed out the last time this item was discussed was in
December 2000. Vice Mayor Genco felt it may have been discussed since Council
Member Humpage was elected to Council, since he had requested some changes
to how motions were placed on the agenda. Mayor Watkins commented it was
recently agreed by Council to have a Policies Workshop, but that Council wait
until after the March election. Consensus of Council agreed to place this item
under Any Other Matters.
• Council Member Humpage commented he would like to address Jupiter Hills
assistance with Tequesta Park, under Any Other Matters, or Communications
from Council. He mentioned it would be informational, but would be looking for
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• direction or a consensus from Council. Vice Mayor Genco commented Council
could decide under Any Other Matters whether or not to make a motion to place
this item on the next meeting agenda. Council Member Humpage stressed there
was urgency to this item, and that Council may not want to wait until the next
meeting. Mayor Watkins suggested placing this item under Any Other Matters.
Consensus of Council agreed.
Motion passed S-0 for the Approval of the Agenda, as amended.
VIII. VILLAGE COUNCIL REORGANIZATION
1) Election of Officers for the following year.
A. Mayor
B. Vice Mayor
Vice Mayor Genco - (Verbatim Transcript) -Yes, last year I was put in a position that I
felt extremely puzzled about, and it has bothered me for a full year. And if you could
imagine to have to say that in this point and time that I have carried this with me. What
had happened is I had an employee of the Village tell me who I should nominate for
Council position. It troubled me greatly, and it didn't seem right to me, but I didn't know
• that it was really anything that would violate our statutes, or that would violate the
Statutes of Florida. But it bothered me so much that I finally ended up bringing it up
when I was at a League of Cities meeting, and I told them want happened, and everybody
there went banana's. I then spoke with an attorney, and I have since spoken with the
Florida State Attorney General with regard to it. And they gave me guidance and told me,
what exactly happened, and I don't know if this has happened to you at this point in the
nomination or election process. Whether or not a Village employee or official has told
you how they think that you should be nominating positions for the election we are about
ready to hold. And I'd like to ask you Pat anybody say anything to you.
Mayor Watkins - No.
•
Vice Mayor Genco -You Mr. Resnik.
Council Member Resnik - Not a word.
Vice Mayor Genco -You, Jim.
Council Member Humpage - Not a word.
Vice Mayor Genco -And you Mr. Paterno.
Council Member Paterno - No.
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Vice Mayor Genco -Great. Ok, then you don't have the weight on your conscience that
I'd have carried with me for a whole year. And I want you to have the benefit of my
experience. Under Florida Statutes 104.31 it says: "No Officer or Employee of the State,
or of any County, or Municipality, thereof, except as hereinafter exempted from
provisions", which is basically exempt employees, you know when you have Police
Chiefs, or Village Manager's, or Department Directors, that these are the kind of people
that they are looking to cover, including us elected officials. It says that those officers or
employees of a municipality shall not use his "official authority or influence for the
purpose of interfering with an election or a nomination of office or coercing or
influencing another person's vote or affecting the result thereof." It defines the
subsequent phrase in any election to include any nomination for any office and it relates
to any act that person would take to aid or promote a person's nomination for any
position. It also goes on the say that this is a part of a larger statutory scheme of
prohibited elections practices derived from the Corrupt Practices Act, and that any person
who approaches a Council Member or an elected official to do that shall be guilty of a
misdemeanor of the first degree. I wanted you to know that so that you have the benefit
of that if that situation ever arose, or has arisen that what you should do is basically call
the Attorney General's Office or Attorney and turn that person in. Thank you. I believe, I
am an expert witness, and I, my whole reputation is based upon me doing what is ethical
and right, and following laws whether they are the laws of the State Constitution or the
laws of this Municipality and that is the reason that I brought that out today. Thank you.
•
Council Member Resnik -Who's running the election.
Mayor Watkins - I am. The election of officers for the following year, first would be
Mayor, and I would entertain, a nomination from somewhere for Mayor.
Council Member Resnik - Mayor, I would like to nominate Pat Watkins for
reappointment as Mayor of the Village of Tequesta.
Mayor Watkins -Thank you. Do I have a second?
Vice Mayor Genco -You don't need a second for a nomination.
Mayor Watkins -You don't. Ok, then another.
Vice Mayor Genco - I would like to nominate Jim Humpage.
Mayor Watkins - Ok, anything, anyone else?
Vice Mayor Genco -When you. have two nominations, it's best to do a ballot vote, which
is what I would suggest.
• Mayor Watkins - Mr. Hawkins could you let me know what, and how to proceed here.
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• Attorney Hawkins - I think a roll call vote, or a ballot vote makes sense.
Mayor Watkins - Ok. Gwen I guess you will do that.
Village Clerk Carlisle -All right, vote to call out each name, and they just state who they
want to vote for.
Vice Mayor Genco -Usually it's a closed ballot vote.
Attorney Hawkins -You can do a closed ballot vote. That would be, if you feel more
comfortable with that.
Vice Mayor Genco -It's usually the most comfortable way to do it.
Village Clerk Carlisle -How about if we give sheets of paper out.
Village Manager Couzzo - Do they need to sign their name?
Mayor Watkins -This is just for Mayor.
Attorney Hawkins -You just need to list who you are voting for, you don't need to list
. your name.
Vice Mayor Genco -Nominate anybody.
Mayor Watkins -All right.
Vice Mayor Genco - As long as they are not in the audience.
Council Member Humpage -Are we doing just one vote here?
Council Member Paterno -Excuse me, Can I just do one thing. Can I nominate
somebody?
Mayor Watkins -You certainly can.
Council Member Paterno -Yes, I`d like to nominate myself, because I would like to be
the Mayor, because I would like to lead this City. I would like to be the Mayor, ok.
Mayor Watkins -That's fine.
Council Member Paterno - And I would appreciate everybody's vote.
. Mayor Watkins - Ok.
Village Clerk Carlisle -Just pass them down.
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•
Vice Mayor Genco -Thank you.
Council Member Humpage -Yeah, we are starting all kinds of new things here tonight.
Vice Mayor Genco -Well why not.
Village Clerk Carlisle. - I don't think it matters as long as I have the votes.
Vice Mayor Genco -Start out of the box.
Council Member Paterno -That's it.
Village Clerk Carlisle - ok.
Council Member Resnik- What's that TV program where you here the is clock ticking.
Council Member Paterno -Jeopardy.
Council Member Resnik -Yeah.
Attorney Hawkins - We have a run off.
Village Clerk Carlisle -Yes.
Vice Mayor Genco - We have a what.
Attorney Hawkins -Arun off.
Vice Mayor Genco -Arun off.
Attorney Hawkins - We have a run off election between Ms. Watkins and Mr. Humpage.
Village Clerk Carlisle - Do you all have paper, or do you need more.
Council Member Paterno -Give them another shot.
Attorney Hawkins -It's Two, Two.
Vice Mayor Genco - Do we vote again?
Village Manager Couzzo -Let's make sure and put those.
Attorney Hawkins -Yeah you should reflect.
• Village Clerk Carlisle - I need to keep those for the record.
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•
Attorney Hawkins -Ballot one.
Vice Mayor Genco - Do we burn these, like they did for the probe?
Attorney Hawkins - No hanging chads.
Mayor Watkins -Should we tear them in half this time, so we have.
Village Clerk Carlisle -Doesn't matter.
Village Manager Couzzo -See smoke coming out of the Council chambers, it's not
because of the Pope. Use this paper so they are all consistent.
Council Member Humpage - I'm conserve, God, I was being conservative saving the
Village money using a half a sheet.
Village Manager Couzzo -Wasn't making a difference really, I guess.
Vice Mayor Genco - No. I am always conserving paper.
• Council Member Humpage -Another piece of paper please.
Council Member Paterno - I have one question, did you say who we had to vote for yet.
The two.
Attorney Hawkins -Yes, it was Mr. Humpage and Ms. Watkins.
Vice Mayor Genco -You can't vote for yourself again.
Mayor Watkins - No.
Council Member Humpage -You could then you would have two votes.
Attorney Hawkins - I appreciate the question.
Council Member Paterno - I just want to make sure. I'm not shy.
Attorney Hawkins - Do you have ballots marked here on your sheet.
Village Clerk Carlisle - Yes I do.
Attorney Hawkins -This is ballot two. Make sure you have it segregated.
• Village Clerk Carlisle - Yeap.
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Attorney Hawkins -And you will have to announce the winner.
Village Clerk Carlisle - Ok, Ballot two -Jim Humpage is the winner. Three votes to
Two.
Council Member Humpage -That, allow me a year ago.
Vice Mayor Genco -Congratulations. Jim, I'm excited. I didn't think it would happen to
next year.
Attorney Hawkins - We are going to have the election for Vice Mayor.
Mayor Humpage - I know I have to speak more.
Attorney Hawkins -Sorry, Mr. Humpage.
Mayor Humpage -This is not good.
Vice Mayor Genco -You don't have to say a word now.
Mayor Humpage -Now we would have, we would entertain a motion for the Vice
Mayor. Am I correct?
. Village Clerk Carlisle - A nomination.
Vice Mayor Genco -Yes, that is correct.
Attorney Hawkins -Nominations.
Mayor Humpage -Nominations for the office of Vice Mayor. Nominations are open.
Vice Mayor Genco -Are you going to nominate yourself again, Tom.
Council Member Paterno - I hoping that, see what happens.
Vice Mayor Genco -I'll nominate myself. You gave me. You gave me enough courage.
Thank you.
Council Member Paterno -Your welcome. You have to believe in yourself.
Vice Mayor Genco -Yeah, true.
Mayor Humpage - I would nominate Ms. Watkins.
Council Member Watkins -Thank you.
Attorney Hawkins - So the nominations so far is Ms. Watkins and Ms. Genco.
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•
Vice Mayor Genco -Sure.
Mayor Humpage - Oh you're not doing this too.
Council Member Paterno - No.
Council Member Watkins - Do we do this again.
Mayor Humpage - We do it again.
Village Manager Couzzo -Maybe if you can tear one of them, I think you are all right.
Let's see.
Vice Mayor Genco - I know that was what I was trying to do.
Village Manager Couzzo - I was just trying to be consistent with the paper.
Mayor Humpage -The nominations for Vice Mayor are Geraldine Genco and Pat
Watkins.
Attorney Hawkins - I think they just opened their campaign account.
Mayor Hum a e - I have a er. I would be lad to donate.
pg pp g
Attorney Hawkins - Do you have those marked.
Village Clerk Carlisle - Yes, I do.
Village Manager Couzzo - Do you have a Ballot One on the Vice Mayor now.
Village Clerk Carlisle - I have Ballot One on these, and Ballot Two on the other hand.
Mayor Humpage -Did you vote yet Colonel. Colonel needs paper.
Attorney Hawkins - Ok, we need some paper clips.
Council Member Watkins -Paper clip. Ok.
Village Manager Couzzo - Do you give him your vote.
Mayor Humpage - I have it right here.
Council Member Paterno -You gave him two I think.
• Vice Mayor Genco -There, the little one.
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•
Mayor Humpage - I believe we're in trouble already.
Attorney Hawkins -You got it clear in your notes.
Village Clerk Carlisle - So far.
Attorney Hawkins -Let's see it looks clear. Good. Ok. Genco.
Village Clerk Carlisle - ok.
Attorney Hawkins -Genco.
Vice Mayor Genco - No hanging chads there Scott?
Mayor Humpage -Right.
Village Clerk Carlisle - No, we have lots of chads on the end.
Council Member Resnik -Make sure you segregate your ballots.
• Village Clerk Carlisle - Yeap. Yes.
Attorney Hawkins -Don't want no Theresa LePore, again.
Village Clerk Carlisle - Oh. God. All right I am going to go ahead, and Mayor, excuse
me Pat Watkins, not Mayor now, got three votes, Genco got two. So it's Vice Mayor
Watkins.
Vice Mayor Watkins -Thank you very much. I have cards from citizens who want to
speak.
Mayor Humpage -Thank you.
Vice Mayor Watkins - I think the Manager was suggesting we have a break so we can
celebrate with the Von Frank's.
Mayor Humpage - Ok, we are going to take a break so I can go have a few Valium so
when we come back I will be calmed down. We are gonna just take, we are going to take
about a five minute break so we can all shake Mr. Von Frank's hand and perhaps have a
cold drink and a couple of cookies, then we will come back, and Russell thank you for
your service, and we will adjourn for about five minutes.
• Meeting was recessed at 7:35 P.M, and the meeting was reconvened at 7: SO P.M.
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• IX. CONSENT AGENDA
All items listed under Consent Agenda are considered routine and will be enacted
by one motion. There will be no separate discussion of these items unless a
Village Council Member so requests, in which event the item will be removed
from the Consent Agenda and considered in its normal sequence on the Agenda.
Council Member Resnik removed Item 12.
Council Member Paterno removed Item 11 and Item 13.
Council Member Genco asked to remove Item 14.
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 Consent Agenda:
2. Planning and Zoning Advisory Board Meeting Minutes December 1,
2004.
3. Planning and Zoning Advisory Board Meeting Minutes December 15,
2004.
4. Planning and Zoning Advisory Board Meeting Minutes January 19, 2005.
5. Village Council Regular Meeting Minutes February 17, 2005.
6. Special Master Meeting Minutes July 22, 2004.
7. Tequesta Public Safety Officers Pension Trust Fund Board of Directors
Meeting November 9, 2004
8. Tequesta Public Safety Officers Pension Trust Fund Board of Directors
Meeting January 12, 2005
9. Tequesta General Employees Pension Trust Fund Board of Trustees
Meeting December 13, 2004.
10. Village Council Special Meeting Minutes (Hattie Siegel Case) February
28, 2005.
15. Council approval for the reorganization for the Fire-Rescue Department
requesting the replacement of the vacated Captain position to be filled
with aFirefighter/EMT position.
r~
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• 16. Council approval for the following Budget Adjustments (transfers) of
$5,000.00 or more: 1) Water Utility Fund #401: Transferring $3,000.00
from Water System Maintenance account #401-243-546.342 to Building
Improvements account # 401-412-653.600 to cover the increased cost of a
covered addition to the Bridge Road building; and 2) Water Utility Fund
#401: Transferring $1,600.00 from Water Distribution System
Maintenance account # 401-243-546.342 to Capital Expansion,
Construction of the Raw Water Main account #401-414-662.636 for FEC
fees that were not budgeted.
END OF CONSENT AGENDA
ITEMS REMOVED FROM THE CONSENT AGENDA
11. RESOLUTION 42-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN EXTENSION OF A
BUILDING INSPECTION SERVICES AGREEMENT BETWEEN HY-
BYRD INC. INSPECTION SERVICES OF LAKE WORTH, FLORIDA
AND THE VILLAGE OF TEQUESTA PROVIDING FOR
CONSTRUCTION INSPECTIONS (BUIL,DING, ELECTRICAL,
MECHANICAL & PLUMBING) FOR THE BUDGETED AMOUNT OF
FORTY SEVEN THOUSAND DOLLARS TO ACCOUNT #001-180-
531.325 FOR THE REMAINDER OF FISCAL YEAR 04/05, THAT
WILL EXPIRE SEPTEMBER 30, 2005.
Attorney Hawkins read for the record the title for Resolution 42-04/05.
MOTION: Vice Mayor Watkins moved to approve Resolution 42-04/05;
seconded by Council Member Paterno.
Council Member Paterno questioned whether there would be a cost
savings to bring this function in house. Village Manager Couzzo
commented the matter had been reviewed with the Building Official and
that there were significant projects coming on line within the Village. He
suggested after these major projects were completed these services could
be brought in house. He noted the cost of this proposal was to complete
the remainder of the fiscal year. He stated Mr. Newell had the disciples to
do the work, if he had the time, but someone else would be needed in
addition to Mr. Newell that had the knowledge and expertise to perform
the required inspection services needed.
Council Member Genco commented she felt if the hours were not used
• that we would not have to pay for the additional services. Mr. Newell
indicated this was a contract with a specified block of time to pay. He
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Page 14
• mentioned the contract had a provision that if he had along-term
disability, then they would perform all the inspection services and plan
review on an hourly rate. Village Manager Couzzo explained the contract
was approximately 18 hours per week. Council Member Genco felt the
Village at one point was paying for only the work performed, and now the
contract was for an actual salary of $900.00 per week plus additional fees
for plan reviews, at $65.00 per hour. Mr. Newell explained before he was
hired, Hy-Byrd was performing Building Official duties and plan review
services on an hourly rate, which was separate from Field Inspection
Services. Village Manager Couzzo pointed out Field Inspection services
were done on an as needed basis. Mr. Newell indicated they were not
providing Building Official services or plan review services at this time,
only field inspection services. Council Member Genco stated the contract
stated it was $900.00 per week, plus an emergency inspection is $65.00
per inspection, and if they do the Building Official duties they will be
charging an additional $65.00 per hour. Mr. Newell responded in the
affirmative. Council Member Genco cautioned the budgeted amount for
this contract could go higher than what was anticipated. Mr. Newell
agreed. Council Member Genco indicated the original contract was paid
on an hourly basis and not for a weekly salary.
Vice Mayor Watkins mentioned she had the same conversation with Mr.
• Newell earlier for clarification. She mentioned at one point the Village
entertained splitting Community Development and Planning and Zoning,
and that Mr. Newell had desired to do more of the inspections. Vice
Mayor Watkins cautioned that this would be a cost to the Village, and with
the upcoming projects this would be needed. Mr. Newell responded the
Village would be doing four major projects at the same time and felt he
maybe overwhelmed. Council Member Genco mentioned the Village will
be at build-out in the near future, and projects should decrease. Vice
Mayor Watkins pointed out at some point she hoped this contract could be
eliminated.
Council Member Resnik questioned whether the Village would be paying
$900.00 per week for the contract. Mr. Newell mentioned that was a block
of time the Village pays to the contractor for services. He indicated the
contractor provides the field inspection services for the Village. Council
Member Resnik questioned whether the contractor was kept busy with the
work. Mr. Newell explained the Village averages 10-15 inspections per
day. Village Manager Couzzo mentioned the Village pays for 18 hours per
week. Mayor Humpage indicated the contractor was paid $900.00 per
week whether he worked or not. Council Member Paterno questioned the
amount of inspections the contractor could perform per hour. Mr. Newell
mentioned the contract brakes down to four hours per day for 10-15
• inspections. Mayor Humpage interjected this type of contract works good
for the Village at this point, and where the Village does not get into
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Page 15
• additional costs for emergency inspections. He mentioned Mr. Newell
handles all the overflow inspections. He pointed out the contractor must
have the professional licenses to perform the work. He felt the Village at
this time would be wise to stay on this track, but suggested as the
upcoming projects were completed then Council should reconsider this
type of contract.
Motion passed 5-0.
12. RESOLUTION 46-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
FOR MUTUAL ASSISTANCE, AUTOMATIC MUTUAL AID, AND
DISPATCH SERVICES BETWEEN PALM BEACH COUNTY AND
THE VILLAGE OF TEQUESTA.
Attorney Hawkins read for the record the title for Resolution 46-04/05.
Council Member Resnik commented he felt this was a very unique
agreement, and that Chief Weinand had worked on this contract for some
time. He mentioned the Fire Chief was also a member of the County
committee looking at common dispatch service problems, and countywide
fire rescue service times.
Chief Jim Weinand, Fire Chief mentioned this was an Emergency Services
Agreement with Palm Beach County Fire Rescue to handle the mutual aid
assistance, automatic mutual aid, and dispatch services. He explained the
contract has been under negotiations for almost a year. He pointed out a
few years ago if the Village needed their services it cost $3000.00 per hour
per engine, $7,500.00 per aerial truck, and $4,500.00 per hour for
hazardous material unit. He explained this contract was all free of charge
with no service fees associated with it. He indicated if the Village had to
pay for the County dispatch services it would cost about $75,000.00 per
year, and now those services were free. He noted the agreement provides
that they provide 800mz radios, maintenance, batteries, and all associated
CADD equipment, and computers to go with the system. He stressed it
would provide the Village with a greater depth of service, and would give
the opportunity for the Village to go for a lower fire insurance rating,
which would help every homeowner and business owner to save money.
He commented this agreement would bring the Village in compliance with
the Palm Beach County level of service standards. He pointed out the
Village may be the first City in compliance with the standard. He felt it
would provide a higher degree of safety for the citizens and fire fighters
out in the field, because they can communicate better and work closer
. together.
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• Council Member Resnik asked Chief Weinand to address the common
dispatch service. Chief Weinand explained when a 911 call comes into the
Tequesta Police Department, they will answer the call for Police, Fire or
EMS, and if you want fire rescue and an ambulance they will do a one
button transfer to the County dispatch center, and the County dispatch
center will notify Fire rescue for their response. He mentioned the Village
was concerned about the lag in response time, so with the help of Police
Chief Steve Allison they have implemented a system where the Village
dispatchers will continue to notify Fire rescue of the call, so they will have
a 35-40 second head start before the call comes from the County into
Tequesta. Vice Mayor Watkins thanked the Chief for his work in
negotiating the Agreement, and commented this was one of the things that
make Tequesta such a great place to live.
Council Member Paterno thanked the Chief for the great job, and
explained his son was on a school bus that was involved in an accident,
and after the smoke cleared from the radiator the fire rescue was on the
scene in less than a minute. He commented he appreciated the quick
service. Chief Weinand mentioned response times were critical and he
would be monitoring them and making changes if needed.
Note: See March 28, 2005 Village Council Special Meeting for approval of motion.
• Motion passed S-0.
13. RESOLUTION 48-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING THE 2004/2005 GENERAL FUND
BUDGET BY INCREASING REVENUES FROM CODE
ENFORCEMENT, FINES& LIENS ACCOUNT #001-181-354.102 IN
THE AMOUNT OF $300,000.00 AND INCREASING THE
FOLLOWING EXPENSES: CODE ENFORCEMENT LEGAL FEES
EXPENSE ACCOUNT #001-181-531.301 IN THE AMOUNT OF
$30,000.00 AND RESERVES, ALLOCATE TO FUND BALANCE
ACCOUNT #001-950-590.001 IN THE AMOUNT OF $270,000.00.
Attorney Hawkins read for the record the title of Resolution 48-04/05
MOTION: Vice Mayor Watkins moved to approve discussion of Resolution 48-04/05;
seconded by Council Member Resnik.
Council Member Paterno pointed out this would be an additional
$50,000.00 appropriation in the budgeted amount. Ms. JoAnn Forsythe,
Finance Director commented there was actually two parts to this
Resolution. She mentioned the Village has received $300,000.00, so that
increasing the revenues by $300,000.00, and in order to balance the budget
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• $300,000.00 must be shown on the expense side. She indicated the
$250,000.00 would go back into fund balance, and the remainder
$50,000.00 would be for the estimated legal fees for the Siegel case.
Council Member Genco questioned whether this was the $300,000.00 for
the Siegel case, and asked whether it was anticipated the Village would
spend another $50,000.00 in legal expenses. Ms. Forsythe noted the
$300,000.00 was from the Siegel case, and explained the unexpected
expense to date had caused the legal budget to go over the budgeted
amount.
Council Member Genco questioned the dollar amount allocated for the
Community Development and legal fees on an annual basis. Ms. Forsythe
responded between $5,000.00-$7,000.00. Council Member Paterno
questioned how much had been spent over the budgeted amount to date.
Ms. Forsythe commented approximately $20,000.00 on this case this year
that had not been anticipated. Council Member Paterno questioned what
the remainder of the $30,000.00 would be used for. Village Manager
Couzzo suggested $30,000.00 to allow for a gap, or stay with the
$50,000.00 and any overage could be placed back into fund balance at the
end of the fiscal year. Council Member Paterno stated he would prefer to
give less money and Staff could come back to Council if needed. He
pointed out Staff could spent up to $50,000.00 with this approval. Ms.
• Forsythe mentioned the money could only be used in this account for
Code Enforcement legal fees. She explained she spoke with Mr. Newell,
the Community Development Director and he felt additional monies were
needed to pay for the Code Enforcement Special Master, which had not
been budgeted.
Council Member Genco stated if the additional $30,000.00 could be spent
without Council approval, she would not support the requested
$50,000.00. Village Manager Couzzo explained it could only be used for
Code Enforcement procedures. He mentioned outside of the Siegel case,
the attorneys have been able to recover approximately $30,000.00, which
was a first for the Village. He mentioned about $23,000.00 or $24,000.00
had already been recovered this year. Council Member Genco suggested
lowering the amount of $50,000.00 to $30,000.00, and then Council will
know when the budgeted amount goes over the $30,000.00. She proposed
amending the amounts to increase the $250,000.00 to $270,000.00 and
reduce the amount from $50,000.00 to $30,000.00. Consensus of Council
agreed.
Attorney Hawkins indicated a motion and a second was on the floor, so
the maker of the motion would need to withdraw the motion, and a new
motion made as to an amended Resolution.
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• Vice Mayor Watkins withdrew her motion, and Council Member Resnik withdrew his
second on the motion.
MOTION: Council Member Resnik moved to amend the motion to approve
Resolution 48-04/05 by allocating $270, 000.00 to fund balance, and increasing the Code
Enforcement Legal Fees account $30, 000.00; seconded by Vice Mayor Watkins; motion
passed S-0.
14. Ocean Towers South Condominium -Amendment to Rooftop Lease
Agreement -Correction to previous agenda item, November 13, 2003. The
amendment states that the Village will make a payment not to exceed
$15,000.00 instead of the mistaken item summary of $7,500.00.
Council Member Genco commented she would like Chief Allison to
explain the hard costs of the generator and the amount that was leased.
Chief Steve Allison, Police Chief explained the error was made on the
agenda for the November 13, 2003 Council Meeting. He noted the actual
error was the amount stated on the agenda summary of $7,500.00. He
reviewed the attached documentation for the Amended Roof Top Lease.
He stated it was very clear in the Agreement the Village would pay (not to
exceed) $15,000.00 in three equal payments of $5,000.00 per year. He
indicated when the second payment was put through the system the error
• was found and in order for payment this was back before Council for
clarification and approval. Council Member Genco questioned the cost of
the generator. Chief Allison mentioned the total cost of the generator
exceeded $30,000.00, and the Village agreed to pay half, a $15,000.00
payment. Mayor Humpage noted this was a large generator that runs the
towers on the beach so Police and Fire can communicate. He indicated this
was a bookkeeping issue. Village Manager Couzzo reviewed the history of
the Agreement noting the original agreement was for $7,500.00 and in
2003 a generator was selected and it was more money. He noted Staff
then came back with an Amended Agreement for $15,000.00 for Council
approval.
MOTION: Council Member Genco moved to approve $1 S, 000. DO as stated in the
Amended Roof Top Lease Agreement; seconded by Council Member Resnik; motion
passed S-0.
END OF ITEMS REMOVED FROM THE CONSENT AGENDA
X. COMMUNICATIONS FROM CITIZENS
- Ms. Mary Hinton, resident of Oakland Court commented on agenda Item
11 regarding the contract for field inspection services. She felt it was a
deal for the developers to be able to get their inspections done very
quickly, and since their debt service meters were running, by providing
these fast inspections it was very beneficial to them. She suggested
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• Council consider taking the $47,000 and divide it proportionally amongst
the four developers for them to do the work. She stated it was something
other municipalities have done very successfully, and felt it would
certainly help Mr. Newell.
Ms. Hinton noted she was present this evening to commend the Tequesta
Police, Fire and paramedics. She stated a couple of weeks ago in her
community an elderly person fell and sustained very serious injuries. She
called 911 and within seconds the first Police responder was on the scene.
She stated it was not minute's, it was less than 40 seconds. She mentioned
the policeman was taking care of the woman's dog and she was helping
the lady since she was a Registered Nurse (RN) practitioner, and seconds
behind the police responder came the paramedics to help. She stated the
response time of emergency personnel can truly make the difference
between life and death, and could certainly make a difference in the
recovery time and the rehabilitation of the patient. She stated another
instance was when her daughter fell and they could not move her; she
called 911 and her battery died during the call, and still the police
responded in a matter of seconds. She felt if it was an intruder in her home
it could have been a matter of life or death. She commented her daughter
was taken to the emergency room, and she felt the other people there were
not getting the same service as the residents of Tequesta were receiving
from our emergency personnel. She hoped that the Village would always
make sure that the Police, Firefighters and the paramedics receive salaries
comparable to the highest salaries being made, because it would be a
travesty to lose these well-trained people; and also to make sure our
benefits were at par, and provide them with the very best equipment. Vice
Mayor Watkins commented it has been a joy to work with Ms. Hinton
lately on a few projects, and thanked her for all her work for the good of
Tequesta. Mayor Humpage thanked Ms. Hinton.
- Mr. Michael Stango, resident of Villa Bella, Jupiter mentioned concerns in
regard to a decision Council made a few weeks ago in selling a lien levied
against the Hattie Siegel property to a builder. He stated he was
questioning the sale ethically and legally, the protocol that was used, and
the ethics of Mr. Hawkins and Mr. Couzzo and how they went about in
selling the lien. He mentioned on February 15, 2005 he entered a contract
to purchase the property from Ms. Siegel.
Mr. Stango explained he confirmed the contract to purchase with Mr.
Couzzo by email, as well as verbally. He felt it was clear to Mr. Couzzo
and Attorney Hawkins that he had a contract to purchase the property, so
he would settle the long time concerns of the Village, and allow Hattie
Siegel move on with her life. He stressed the Village sold the lien to a
• builder without a contract, and the Village never called him back, or
offered to him or anyone else in the community the opportunity to bid on
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• the lien. He felt this was all done with no regard to the well being of the
Village or Ms. Siegel, an 83 year-old widowed woman. He mentioned he
called Mayor Watkins and she phoned back immediately asking how she
could help. Mr. Stango stated he told the Mayor he would send an email
notifying Council of his questions and concerns. He indicated that email
was sent. He mentioned he spoke with Mr. Couzzo, who informed him
there was a Special Village Council Meeting where Council took a higher
bid. He indicated he was surprised, because he did not know his initial
offer was a bid, nor did he know there was a public or closed auction for
this lien. He mentioned more concerning was that Mr. Couzzo stated there
was aclosed-door meeting that took place prior to this Special Meeting, in
which Mr. Couzzo, Mr. Hawkins, and another law firm from Miami
attended in which they discussed his offer, the other offers, and the legal
ramifications of accepting these offers. Mr. Stango stated Mr. Couzzo said
at the end of that meeting Council voted. He questioned whether Council
knew what went on in that closed-door meeting. He stated he was so
frustrated that no one called him back regarding this sale that he contacted
the Attorney of the builder who bought the lien from the Village, and he
said someone contacted him and said if the builder went to $300,000.00 he
would get it.
Council Member Genco asked Mr. Stango to repeat the information
• regarding the call. Mr. Stango explained Mr. Al LaSorte is the Attorney
for Mr. Rukin at Silver Fidelity Trust that purchased the lien. He indicated
Attorney LaSorte told his Attorney David Tassel that on Monday someone
contacted him after he offered $250,000.00, and said that would not be
enough, and if you get to $300,000.00 it would probably work. Mr. Stango
mentioned the Friday before he had a contract to purchase the house. He
questioned whether this was done as a bid, and whether this was publicly
advertised. He questioned the protocol of the Village and the Sunshine
laws. He mentioned he hoped Council had received his email, that there
were still questions that needed to be addressed and answered. He asked
Council to rescind their sale of the lien, and allow him or any other
individual that would like to bid on the lien to properly take place. He felt
if this action was rescinded that Ms. Siegel would consider retracting her
recent Chapter 11 filings. He stated he looked forward to hearing
responses from Council regarding this matter.
XI. COMMUNICATIONS FROM COUNCIL
COUNCIL MEMBER GENCO
- Asked for the status of the fence on Country Club and Tequesta Drive.
Attorney Hawkins indicated he had researched the issue, visited the site
twice, and spoke with Mr. Willie. He noted the court files were researched
and there was a judgment entered by Judge Winicoff in a prior summary
judgment. He stated he was of the opinion the Village could put up a gate
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• or some sort of access block or barrier to address the concerns raised by
the citizens. He stated he was concerned that this could invite litigation.
He indicated in view of Judge Winicoff's ruling, in which he had
circulated to Council, where he made a finding that residents had rights to
use the back area that had been abandoned by the Village several years
ago. He mentioned there was legal support for placing a gate, or looking at
some other type of barrier. Council Member Genco indicated she reviewed
the case documents and felt the judge was addressing the lower 30 feet
which was the southern end of the easement. She felt what he really did
was upheld the property owners agreement that they had between
themselves. She stated he did not address the 20 feet the Village owns
which is outside of the easement. She stated she reviewed the Village
ordinance when the Village passed this property over to the property
owners. She felt there may be a second Village ordinance, and that
Council was very specific of their intentions for the property. She
suggested the Village move forward with putting up an obstruction,
whether it was a bench, or a fence, or something that would stop the traffic
from using the easement. She noted she had observed the area first hand,
and it appeared to be a hazard. She mentioned the Village has ordinances,
and they are specific regarding private roads, and the use of private roads.
She stated Council was very specific when they abandoned the property,
and that it was to be used for their own personal enjoyment, not to be used
• as a roadway. She encouraged Council to support doing something to stop
this from being used as a private road.
Attorney Hawkins stated he has some concerns as well regarding the
ruling. He pointed out the ruling was not as clear, as perhaps the court
thought it was making in the ruling. He felt there might be other issues
with the ruling. He noted the Village was not a party to the case, and felt
the ruling had some questions to it. He agreed with Council Member
Genco's comments regarding the ruling and some errors. Vice Mayor
Watkins questioned whether Council could take action by a consensus of
Council. Attorney Hawkins commented he and Village Manager Couzzo
had discussed the steps that could be taken administratively to address the
issue. Council Member Resnik questioned whose easement had not been
abandoned at the time. Council Member Genco explained the easement
served two purposes; 1) the Village owned it for access to do maintenance;
and 2) a power company owned the easement for an alleyway for utilities,
etc.. She stated in this case there was a power line easement and an
easement that belonged to the Village. She noted when the Village
abandoned their easement, the Village had to make sure the power
company would not object. She stated the power company no longer had
use for those power poles, so the Village split the alleyway down the
middle and gave %2 to Bayview and %2 to the Country Club residents. She
noted the Village never planned a road there, even though at first look on
the survey it appeared to be an easement as a roadway. She felt when the
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• judge read it, that he may have misinterpreted it to mean that the Village
had this as a roadway, which was never the intention. She commented Mr.
Gary van Brock has the entire history on the property, and how the
easement was to be used, and what it was intended for. She indicated
when she worked for South Florida Water Management District
(SFWMD) it was identified as an easement for them to get to the River
area to do maintenance. She felt now the property owners had taken
advantage of this, as a loophole, to use it as a back entryway to store
trucks, in which they are not allowed to do in the Country Club area. She
noted they are also now encroaching on the Village easement that is
subleased to the Loxahatchee Environmental Control District (ENCON)
for the pump station. She felt that was the reason the Village abandoned
the easement in the first place. She mentioned there was a memo from
Staff stating that ENCON had no objection to us not having this used as a
public roadway. She felt the residents were having their public safety
jeopardized, and it violated our code. Council Member Resnik asked if the
access was blocked, can the person who went to court and got this ruling,
come back and sue the Village. Attorney Hawkins commented it was a
possibility, but indicated it could be a battle of competing interests, and
the judge will have to address the Village's right, it's police powers with
respect to it's code and respect to a public safety hazard, balanced against
this prior ruling. He stated there could be a good possibility of litigation.
Council Member Resnik felt it was worth the risk to put a barrier up.
Attorney Hawkins mentioned the only unknown that he was not sure of
whether this area was used by the SFWMD for access to the River.
Council Member Genco commented it was no longer used by other
entities, and that was why Council abandoned the easement. She
commented she did not think Mr. Bernard wanted this either since he was
the last piece of property. She felt only two out of twelve lots adjacent to
the easement really wanted to have this use to park their trucks in the
back. Mayor Humpage agreed with the other Council members, and
suggested moving forward with some type of barrier. Council Member
Genco noted if she would have known what was going to happen with
this, she would have fought more at that Council Meeting to make it a
pedestrian park, and put fences on both sides. Mayor Humpage asked how
to move this forward. Attorney Hawkins recommended Staff come up
with a proposal or a recommended plan. He noted a survey might be
required to where the barrier would be placed. He mentioned he looked at
the area, and felt visually it looked like an unsafe situation. Council
Member Paterno questioned why this had to be prolonged another couple
of months. He felt Council should come up with a plan now, and give the
Village Manager direction to do what was necessary within our easement.
Attorney Hawkins agreed that could be done. Village Manager Couzzo
suggested the Village put up a gate, so that in the event someone needed
. access it was available. He mentioned also Staff would be willing to notify
the homeowners affected by this by certified letter that the Village
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intended to do this. Council Member Genco commented the Village
should put up a notice in the location where it's was going to be, and leave
it that way, and then get it done within 24 hours. She stated give them 24
hours notice that they are not going to be able to use this access. She
indicated the barrier could be opened later if someone needed to remove
large equipment. Council Member Paterno asked if there would be some
policy regarding access, so the Village would not be called everyday to
open this gate. Council Member Genco commented in the event someone
got into a jam, and it was an emergency, then allow the police department
to deal with it on a one-time issue. Vice Mayor Watkins agreed it would
not be something the Village would open and close at will. Village
Manager Couzzo indicated Council's intent and direction to move forward
was clear.
Building Mold and Cleaning -Mentioned Council Member Resnik had
given a deadline of March 11, 2005. She suggested Council should send a
certified letter that the Village would be escrowing the rent with our
Attorney immediately, until the matter was corrected. Village Manager
Couzzo indicated the Village had received correspondence late this
afternoon, and that he would forward to Council and the Attorney. He
indicated it addressed a plan of action from the building management
• company. Council Member Genco commented it was not just
administration, but needed to include Community Development and
Finance. Village Manager Couzzo noted it would include all the
Municipal space rented from the landlord. Council Member Genco
suggested if the action did not take place within 10 business days, then she
would suggest the Village still escrow the rent, because they have been
dragging their feet on this for at least 18 months. Council Member Paterno
questioned whether the Village would be reimbursed Attorney fees on
this. Village Manager Couzzo indicated he did not see a problem with
requesting reimbursement of attorney fees. Vice Mayor Watkins indicated
it was a health safety issue at this point, and that they need to do
something quickly. Village Manager Couzzo commented he would
prepare a response including Council Member Paterno's comments
regarding attorney fees.
- Local Planning Agency Code inconsistency - Asked when the
inconsistency in the Village code was going to be taken care of. Attorney
Hawkins mentioned he did not have a report to give this evening. He
mentioned he had reviewed the issue and there was an inconsistency. He
mentioned language would need to be drafted and he hoped by the April
Meeting he would have a report. He explained he has been involved with
other Village issues, which has kept him very busy.
•
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• - Bayview Terrace Sod -Questioned how the issue was being handled.
Attorney Hawkins mentioned the lawyer hired by an interested neighbor
(who has not been identified) who lives close to the recreation area,
mentioned there may be an offer through the neighbor attorney's to
reimburse the Village for its investment (2,300.00) in the sod. He
indicated he has written the lawyer and requested an update regarding the
status of the reimbursement. He noted he has not heard back. Council
Member Genco felt the Village may be sued if something was not done.
Attorney Hawkins stated he felt the Village was beyond that point. He
stated he told them he thought the Council would be predisposed to
revisiting the agreement if a reimbursement was accomplished. He
commented the Attorney had not gotten back to him for a couple of weeks.
Council Member Genco asked that Mr. Hawkins send Council a memo
when that was completed.
- Cypress Animal Hospital -Mentioned she had spoke with Dr. Frank
Tarplee, and he indicated he was pleased that his project seemed to be on
target.
- Utility Consultant Fees -Mentioned she still had not received the
requested information on the costs for additional engineering and technical
. assistance for the Water Utility Plant. She explained she requested the
information at the last Council meeting when the cost of the Financial
Forecasting was discussed. She commented she would like to know the
total cost of consultant fees, in addition to Mr. Ori's fees, in regards to the
Water Utility Plant.
- Public School Program -Indicated the Police Department sent a memo to
Council regarding the 40-hour training. She questioned whether it would
be on the next agenda, and mentioned she was not opposed to it, but noted
it would be a budget issue. Village Manager Couzzo indicated it could be
placed on the April agenda.
- 707 Bridge Closing -Announced June 6, 2005 the bridge would be
closing for 55 days. She noted they agreed to have as many as two trama-
hawk helicopters available if needed, and a ferry to take people back and
forth to the Island.
- Hattie Siegel case -Asked the Attorney for an update on the judgment.
Attorney Hawkins stated there were three lawsuits: 1) a foreclosure
lawsuit, part of the Siegel litigation, where the foreclosure judgment was
obtained and the foreclosure sale was scheduled; 2) Pending Federal
lawsuit in which Ms. Siegel filed last April following the mediation,
which the Village was successful in having dismissed, pending a motion
for attorney's fees which was filed on behalf of the Village in the fall; and
3) a new State court lawsuit that Ms. Siegel had filed against the Village,
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Page 25
. which was pending, but the Village had not been served. He anticipates
the Village will be served in the next few days.
Attorney Hawkins indicated all three of these matters are pending. He
stated the foreclosure action for all intent and purposes was over. He
recommended the Village Council consider holding aclosed-door session
to discuss the Siegel litigation in general, with regard to certain strategic
considerations relative to the status of the Federal lawsuit, the foreclosure
lawsuit, and the State lawsuit. Council Member Genco indicated she was
under the impression that after the last closed door session when the lien
was sold, that had basically passed all the responsibilities, that had to do
with the foreclosure and the lien, on to the purchaser, due to the
assignment of the foreclosure and lien. She felt that was the end of it, that
Council had basically washed its hands of that portion. She questioned if
.that was true. Attorney Hawkins explained the activity of the foreclosure
action on behalf of the Village was basically concluded, and that the
purchaser of the judgment had stepped into the shoes of the Village. He
agreed that matter was concluded. Council Member Genco pointed out
there were two matters still pending, and whether the Village wanted to do
something in regards to the judgment for $12,000.00. Attorney Hawkins
explained the Village had a Final Judgment of Dismissal, with a pending
• motion for attorney's fees, and the attorney fees in question were
approximately $12,500.00. He mentioned that was pending before the
Federal court.
Attorney Hawkins recommended Council have a closed door session to
discuss the federal court issue, and discuss the Village's response with
regard to the State court litigation. He indicated those issues all sprung up
from the allegations from Ms. Siegel. Council Member Genco commented
she had hoped that when the Village got rid of the foreclosure and the lien,
that the file could be closed, and the attorney would not be needed no
longer for this issue. She agreed to a closed door session to discuss the
federal court case, and the state court case. Mayor Humpage questioned
whether Council needed to wait until the Village was served before having
the closed door session. Attorney Hawkins suggested scheduling a time
that was convenient to Council, possibly within the next week. Vice
Mayor Watkins noted she would not be available Wednesday, March 23,
2005.
Village Manager Couzzo suggested Council consider having a Council
workshop, that was in the planning stages, and a closed door session on
the same day. He suggested also a Special Council Meeting to discuss the
advanced bond refinancing, because there maybe some opportunities, due
to the current interest rates, to restructure and save a considerable amount
• of money.
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Mayor Humpage indicated the Workshop would be discussed later in the
meeting under Any Other Matters, and suggested waiting until that portion
of the agenda to pick the dates for the closed door session and the
workshop.
COUNCIL MEMBER PATERNO
- Western Corridor -Mentioned concerns with the development of the
Western Corridor. He asked that more information be provided by either
directing Staff or have Council research the matter, because this could be a
potential problem for the Village as far as traffic and service trucks. He
mentioned the Village was a beautiful place, and he would want to keep it
that way, and felt it really needed to be looked at. Council Member Genco
commented she believed Police Chief Allison was doing traffic counts,
and following the traffic counts for a long time. She mentioned the Town
of Jupiter in approving the developments had required some very heavy
traffic studies, and updates as the developments come on line in phases.
She explained it shows the amount of traffic that could potentially reach
Island Way, which would be the only way to get access to this side of the
River. She indicated that was why Council decided at the last Council
meeting to hold off on a traffic study until at least the Village had some
traffic to measure.
• Council Member Paterno indicated he would rather be more proactive and
that the Village needs to think of what the alternatives may be if it
becomes a problem, rather than wait until there was a problem. Council
Member Genco pointed out the Village had changed the Class roadway on
Country Club Drive with the State, so that only so many vehicles could
traverse the roadway per day. She stated it also limits the size of the
trucks. She mentioned the class of the roadway allows the Village the right
to limit the access if the roadway was getting a larger traffic count, or the
size of the trucks were too large. She pointed out that Mr. Jack Homman
about two years ago made the amendment to the State in order to ensure
that the roadway could not be widened or could not get a heavy amount of
traffic. Council Member Paterno mentioned concerns with the amount of
the traffic that would be on the roadway. He felt there was little or no
cooperation from Martin County to do anything to help alleviate the
problem. Council Member Genco mentioned she would love to open the
door with Martin County on getting the County line road extension put
through. She felt that would be the best situation, since the Village would
be having traffic come from U.S. One. She felt County Line Road would
be the best way to have the roadway because there was approximately 200
foot easement already in place for County Line Road extension. She
indicated the roadway could be built with a median and landscaping. She
felt the main opponent to putting the roadway through was Jupiter Island,
because they are afraid it would increase the traffic for them. She noted
however the Martin County Commission just recently changed, and they
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• now have two more developers on the commission. She suggested this
may be an opportunity to go back and start soliciting the idea. Attorney
Hawkins commented in the mid 90's there was a year long case where
Tequesta and Martin County were aligned with Palm Beach County
against the Town of Jupiter. He mentioned it had to do with this road
issue, and Martin County and Tequesta worked extremely close together
and cooperated on trying to get something workable on this traffic issue.
Council Member Genco felt Palm Beach County would support almost
anything that Tequesta wanted to do in there, because the use would be
more on the Western Comdor instead of Country Club Drive. She felt the
County Line Extension road would be the best for everyone. Council
Member Resnik agreed, and mentioned he had been saying that for about
10 years. He mentioned the Village now has Mr. Jack Coury working
with through the State Legislative to try and get Martin County to do that,
he suggested pressure was needed at this point. He mentioned Martin
County Commissioner Lee Weberman had said that it would not be done
while he was serving. He indicated the older residences in Little Club
needed it most for access, but it had been quashed because of the condo
owners along Little Club objected to the extension of County Line road.
Mayor Humpage suggested Village Manager Couzzo send a letter to Mr.
Weberman to see if he would be receptive to speaking with the Village on
this issue. Council Member Genco felt Council needed to come up with a
different strategy because Mr. Weberman had stayed on that position for
the last three years. She suggested the Village should approach the entire
County Commission because they hold the power to vote. Consensus of
Council agreed to go to the entire County Commission on this issue. Mr.
Jeff Newell,. Director of Community Development noted Mr. Weberman
was now chair of the Martin County Commission.
- Budget -Suggested establishing some written goals or benchmarks for the
Village Manager and Village Staff as far as what the Council would like
them to accomplish, so that Council can gage performance.
- Grant Monies -Suggested the Village aggressively go after all types of
grant funding available.
VICE MAYOR WATHINS
- Mentioned Ms. Mary Hinton had offered to assist Chief Allison and Chief
Weinand in looking for grant funds for communications with our Police
and Fire. She indicated she has helped Jupiter in that arena, and that
Village Manager Couzzo will be setting up a meeting with her and the
Chief's regarding the grants. Mayor Humpage commented the Village
needed to get the Chief those radios, and if the Village does not get it
through a grant, then the $9,000.00 will need to be looked at during budget
time, especially with the mutual aid.
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:~
XII. DEVELOPMENT MATTERS
17. B) RESOLUTION 47-04/05- A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A CONTRACT WITH ARCADIS
REESE, MACON & ASSOCIATES, INC. FOR ENGINEERING
DESIGN SERVICES TO REPLACE THE TRAFFIC SIGNALS AT
TEQUESTA DRIVE AND OLD DIXIE HIGHWAY IN THE AMOUNT
OF $14,800 FROM ACCOUNT #303-399-663.675.
Attorney Hawkins read for the record Resolution 47-04/05.
MOTION: Council Member Genco moved to approve discussion of Resolution 47-
04/05; seconded by Vice Mayor Watkins.
Council Member Resnik asked for Assistant Manager Garlo to explain the
intent of the Resolution. Assistant Village Manager, Robert Garlo
commented there had been a lot of history with this project. He explained
Council Member Genco was involved very early in the project on the
concept and design, and the Vice Mayor Watkins was involved in
• acquiring funding assistance from the County. He reviewed the aspects
associated with the project: 1) landscape design for the intersection, with
a proposed future consideration to continue the landscaping north on Old
Dixie Highway along the FEC tracks. He mentioned one of the aspects of
the design was consideration of replacing the existing traffic signals with
mast arms. He indicated there would be issues associated with that as far
as the construction of the mast arms, that they would be done in advance
of the landscaping. He pointed out there would be time involved with
engineering and permitting. He noted this Resolution would be for
approval of monies for the engineering design. He mentioned the mast
arms could be installed with two columns, at a cost of approximately
$200,000.00 and would satisfy the control throughout the entire
intersection. He explained because the time involved in order to complete
the whole project, it was suggested that the Village begin with the
engineering design. Council Member Genco questioned whether the
engineering design was for the architect or engineering of the traffic
signals. Assistant Manager Garlo responded for the engineering. Council
Member Genco noted Ms. Wendy Harrison had sent previously to Council
a memo on the traffic signals having to do with the railroad crossing, and
the new safety parameters with the horn blowing, or noise requirements.
She asked if this would be part of the contract. Assistant Manager Garlo
indicated it was not part of the this approval. She questioned what about
the other issue of the railroad crossing so the Village could have the
quieter crossing. Village Manager Couzzo indicated it was not included in
this contract, the memo was sent for informational purposes only. Council
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Page 29
• Member Genco mentioned the new type of crossing signal for the railroad
would probably need electrical and installation underground. She felt at
the very least when the Village does the intersection design for the traffic
signal the accommodations for the new crossing signal be considered. She
felt this would be the appropriate time to plan for it even if the Village
does not have the funds to do the upgraded railroad crossing. She
questioned whether the mast arms would be included in the budgeted
amount of $420,000.00. She explained the Village budgeted $220,000.00,
and County Commissioner Marcus contributed $200,000.00, which
included all the landscaping, and the traffic signals. Assistant Manager
Garlo responded the $200,000.00 for the mast arms would be part of the
budgeted $420,000.00. Council Member Genco questioned how much
money was being spent on the actual landscaping. Assistant Manager
Garlo noted when Village Staff submitted the grant application to the
County the mast arm design was included. Vice Mayor Watkins clarified
that Commissioner Marcus contributed $200,000.00 for the project it was
not specific for the mast arms. She mentioned Commissioner Marcus even
pointed out that mast arms were very expensive, and that possibly the
whole budget could go for mast arms. Council Member Genco noted she
thought the reason for doing this was that Old Dixie Highway would look
good, and not just the traffic signals. She suggested maybe it would be
• smarter to do the landscaping, and the traffic signals later. Assistant
Manager Garlo noted it was suggested because of the construction of the
columns and the removal of the existing traffic signals it could affect
anything that may be done in advance as far as landscaping. Vice Mayor
Watkins indicated the Village would not want to dig up any the new
landscaping.
Council Member Paterno questioned how much of the landscaping would
be destroyed, and whether it would affect the wall. Mayor Humpage
mentioned the conduit would need to be taken to the traffic control
devices, so it could very easily destroy a large amount of landscaping.
Assistant Manager Garlo noted the engineer felt it could be fairly evasive.
Mr. Jeff Newell, Community Development Director commented there
could be the possibility of a lot of destruction with damage to the
foundation of the wall, and damage to the paver walkway. Vice Mayor
Watkins commented the wall may need to be taken down. Council
Member Resnik questioned whether this was the time to discuss the wall.
Vice Mayor Watkins noted that was contained in the site plan review,
which was the next item on the agenda. Council Member Paterno asked
which corners the columns would be installed on. Mr. Newell indicated
the SW, and NE corners. Council Member Paterno noted the only wall
affected would be on the NE corner, since it was a smaller area. He
suggested off-setting the wall by 5 feet or so, so changes could be made in
the future. Village Manager Couzzo noted Council did not need to do the
mast arms if they did not want to.
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Council Member Paterno indicated as a long term goal to have the mast
arms, Council may want to plan for them now and move back the wall.
Village Manager Couzzo stated Staff was presenting this to Council to get
input and direction. He noted if Council decided not to do the mast arms at
this phase, there was more than even money to do everything else,
including landscaping (from south to north) all the way up Old Dixie
Highway to County Line Road. Council Member Genco commented that
would be prettier. Mayor Humpage agreed. Village Manager Couzzo
mentioned the original intent was for landscaping, and to not have a wall.
Council Member Genco noted they could do the landscaping now, and the
wall later. She suggested what ever was done at this point to accommodate
for future having mast arms. She noted maybe the Village could get a
grant and do the FEC soundless traffic crossing. Mayor Humpage agreed
and suggested leaving the mast arms out of this phase. Assistant Manager
Garlo indicated this would expedite the project significantly because of the
time involved in having the mast arms installed. Council Member Resnik
felt if the columns were left out, the landscaping could start this year. He
suggested a wall to enter the FEC railroad was not needed at this location.
He commented a nicely landscaped hedge for a lot less money would be
good, instead of the wall. Council Member Paterno noted he was not
against the wall, but suggested engineering the wall so it could be added
. later. Council Member Resnik felt the wall and the landscaping would
compete with each other architecturally. He noted the whole purpose of
the original intent was to nicely landscape this crossing. He explained to
place two entrance walls there would destroy the affect of good
landscaping techniques. Mayor Humpage felt it was a consensus to move
away from the traffic signals and wall at this time, and move forward with
the landscaping. Council Member Genco suggested when the wall and
traffic signals come back that could be Phase II. Vice Mayor Watkins
questioned whether there was any alternative to doing nothing with the
traffic signals, but not going as extensively with the experience mast arms.
Village Manager Couzzo indicated the traffic signals had just recently
been updated, and the poles were structurally sound.
Motion failed S-0.
A) Site Plan Review of Tequesta Drive/FEC Railroad/Old Dixie Intersection
Beautification Project.
Mr. Jeff Newell, Director of Community Development reviewed the
Planning and Zoning Advisory Board recommendations: 1) replace the
landscaping in the medians on each side of the intersection; 2) accept the
multi-use path as proposed; 3) accepted the paver walkways as submitted;
• 4) agreed with the planting selection; 5) match the type of lighting that is
on Main Street; and 6) preferred concept 2 for the wall, instead of a hedge
arrangement.
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Mr. Bill Chambers, Landscape Architect, Roy Fisher and Associates noted
the firm has been working on this project for the last two years. He
reviewed the site plan. He suggested formalizing the corners by giving
them prominence, and using plantings that blend in with the natural
landscape that was located farther north along the railway area. He noted
Royal Palms were introduced to match the existing size of the current
Royal Palms along Tequesta Drive, and used to wrap around the
intersections on the west side of Old Dixie in order to anchor the
intersections. He noted the landscaping would have cluster of grasses,
along with drought tolerant plantings. He noted the wall details were
selected to match the walls at the Public Safety Facility. Council Member
Genco questioned whether the three Royal Palms would fit in the
northeast area. Mr. Chambers responded yes, and noted the site distance
triangles would were also taken into consideration and meet the design
speed and vision line. Council Member Genco questioned if the plantings
at Lighthouse Cove were being removed and replaced by the Village's
landscaping. Mr. Chambers responded in the affirmative. He noted on the
wall the Planning and Zoning Advisory Board recommended concept 2 to
match the Public Safety Facility wall, which included yellow stucco
facade, a white band, and a medallion in the middle with the Indian head
logo. He explained he agreed with Staff s recommendation to allow time
for the Village to apply for grants to pay for the mast arm signals, and
proposed landscaping to the north in the future.
Council Member Genco indicated the last action by Council was to table
the wall and the mast arms. She questioned whether the wall would still be
done without affecting future construction for the landscaping. Mr.
Chambers felt the wall could be moved where it would not affect the
formality of the intersection. Mr. Newell expressed caution, and noted the
Village does not know the extent of the excavation or the amount of
supporting foundation needed for the mast arms. He felt the Village would
be taking a risk with the amount of infrastructure in the ground. Vice
Mayor Watkins mentioned if the Village was thinking of a having a wall,
then she would not want to place anything big in front of it at any point.
She suggested putting something large like the mast arms behind the wall.
She felt a firm decision was needed on the mast arms before Council could
decide wear to place the wall or any landscaping. Council Member Resnik
asked if there was a drawing of the landscaping without the wall. Council
Member Genco asked where the mast arms were to be located. Mr. Newell
noted the mast arms would be located in the southwest corner, and the
northeast corner. Vice Mayor Watkins noted no matter what the mast arms
would be in front of the wall. Mayor Humpage indicated the worst-case
. scenario would be to take the pavers out and put in the mast arms, then
replace the pavers. Mr. Newell cautioned Council that no one knows the
amount of excavation that would be needed for the mast arms. Mayor
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Humpage noted if the Village does the mast arms it would be 18 months
down the road. Mr. Chambers agreed it could be 12-15 months down the
road. Mayor Humpage favored moving forward with the landscaping, and
not doing the mast arms at this time. Council Member Paterno questioned
whether Council should back up the wall, so that it does not interfere with
the construction of the mast arm. Council Member Genco suggested doing
the landscaping and the sidewalk now. Council Member Resnik agreed.
Council Member Genco suggested the wall and the mast arm should be in
Phase II. Council Member Resnik questioned whether there was a drawing
of the hedge instead of the wall. Mr. Chambers noted he did not bring that
drawing. He indicated the hedge was an add alternate in case Council
decided to not have the wall. Consensus of Council agreed to move
forward with the landscaping and the hedge. Council Member Resnik
explained the wall was nice, but felt it did not belong at a railroad
crossing. Council Member Genco indicated the Village has $135,000 for
the sidewalk. She questioned the materials that were being used that would
cost $135,000.00. Mr. Chambers indicated paver materials would be used
to match the Public Safety Facility sidewalk. Council Member Genco
noted since the Village was saving $200,000.00 on the mast arms,
(Council Member Paterno interjected the Village was saving $36,000 by
• not having the wall), she questioned how many pavers and how much
landscaping could be done, and how far north could they go. Mayor
Humpage suggested moving forward with the landscaping, and then
whatever was left over with the remaining money after the Village has
taken a look at the finished product, and then come up with some
suggestions.
Vice Mayor Watkins felt it would help to cost out the project. She
indicated she was not opposed to the wall. She felt this was sort of a
gateway into what was now going to become the main part of town with
the new Village Hall complex. She noted she did not want to give up on
the wall, but felt the public was looking for the Village to do something
now. Village Manager Couzzo noted the wall and mast arms would be in
Phase II. He suggested Council may want to consider landscaping the area
from where it was currently landscaped up to County Line Road, leaving it
as asphalt with an alternate for pavers. He mentioned the difference in the
cost of the pavers was for an 8-foot sidewalk, instead of 4-foot sidewalk
used in front of the Blair house. He noted the savings would allow a
reminder of $85,000.00 to make additional improvements down to County
Line Road. Council Member Resnik questioned whether the landscaping
from Tequesta Drive to County Line road would be in Phase II. Village
Manager Couzzo indicated it would be in Phase I. Council Member
• Resnik mentioned he would not want an asphalt pathway to County Line
Road with no landscaping.
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• Council Member Genco felt the landscaping was the priority, and the
sidewalk as far north as possible with landscaping. Council Member
Resnik questioned whether the Village would be providing the
maintenance for the landscaping along the pathway north to County Line
Road. Village Manager Couzzo responded yes. Council Member Genco
noted she was glad that mitigation was being done for the scrub jay
habitat.
(Public Comment)
Ms. Pauline Hutchinson, resident of Camelia Circle questioned whether
the Village owned the property along Old Dixie Highway all the way to
County Line Road. Village Manager Couzzo indicated the Village does
not own all the way to County Line Road. He noted this project was in
concert with Palm Beach County who donated $200,000.00 toward the
project. Ms. Hutchinson questioned what was going to be done with the
Rinker side, south of Tequesta Drive. Village Manager Couzzo indicated
the landscaping would come south to the Rinker parking lot. Mayor
Humpage suggested the Village needed to take the project as far north as
possible, because Commissioner Marcus contributed $200,000.00 and it is
County property. Consensus of Council agreed to go with the landscaping
and go as far north as possible.
• Council Member Paterno questioned what the minimum distance from the
pathway as it curves around to the roadway. Mr. Chambers noted the
closest distance of the sidewalk to the roadway was 6 feet. Council
Member Paterno asked whether the pathway could be moved back further
away from the roadway. Mr. Chambers indicated that maybe allowed, but
mentioned in order to do this a lease would need to be obtained from FEC.
He felt the pathway was as close to the lease line as allowed. Village
Manager Couzzo suggested the pathway may not be able to meander quite
as much. He indicated Staff would take a look at that. Council Member
Paterno questioned whether any drip lines were planned for irrigation. Mr.
Chambers noted he was not real familiar with the irrigation and that
service was usually subcontracted. He noted in the cost estimate irrigation
was included. Council Member Paterno questioned whether City water
would be used or if a well was provided. Village Manager Couzzo noted
no well was provided, so City water would be used. He indicated a drip
system was different then a low pressure system. Council Member Genco
mentioned it also depended on the grass that was proposed, because drip
systems do not work on some things. Council Member Paterno felt if City
water was being used, he would like to see it conserved as much as
possible. Council Member Genco pointed out that was why they were
using native species to reduce the water usage. Village Manager Couzzo
. indicated the Village would monitor the water by using sensors. Mr.
Chambers menti
d th
h
h
one
ey
ave put toget
er a matrix of possible grants
that would help pay for future project phases.
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Page 34
•
MOTION: Vice Mayor Watkins moved to approve the site plan as modified; seconded
by Council Member Genco.
Council Member Resnik questioned whether Council could be provided
with a modified rendering of the railroad crossing area and the pathway.
Mayor Humpage noted it was being approved as discussed, and it will
come back to Council. Council Member Resnik indicated he would still
like to be provided with a drawing. He summarized Council decided to
landscape the crossing at this time, and leave the traffic lights and wall for
the future. Council Member Genco indicated the plantings would be
similar to what is currently. there.
Motion passed S-0.
XIII. NEW BUSINESS
18. RESOLUTION 45-04/05 - A RESOLUTION OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING A BILL OF SALE FOR
IMPROVEMENTS AND AQUIT-CLAIM DEED FOR PROPERTY AS
• PART OF THE CYPRESS DRIVE DRAINAGE IMPROVEMENTS
PROJECT, RECEIVING THE IMPROVEMENTS AND REAL
PROPERTY FROM THE NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT.
Attorney Hawking read for the record the title for Resolution 45-04/05.
Mr. Jeff Newell, Director of Community Development noted once this
Resolution was approved the recording of the Quit Claim Deed can take
place, and it becomes the property of the Village. He mentioned the
infrastructure within the easement would transfer to the Village. Mayor
Humpage commented the Village could then move forward with the
drainage. Mr. Newell agreed. Council Member Resnik questioned which
property the Village was going to acquire. Mr. Newell pointed out the
sketch had the property as 50 feet by 900 feet of easement west of the
railroad tracks.
MOTION: Vice Mayor Watkins moved to approve for discussion Resolution 45-
04/05; seconded by Council Member Genco.
Mr. Newell indicated the infrastructure was in place. Mayor Humpage
noted there was work that still needed to be done. Mr. Newell indicated he
was referring to Northern Palm Beach County Improvement District
. (NPBCID) Unit of Development 36 project. Mayor Humpage indicated
once this Quit Claim was signed the Village could start to make its
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Agenda -Village Council Regular Meeting 03/10/05
Page 35
• improvements to Cypress Drive. Council Member Resnik questioned
whether both sides of Cypress Drive would need to be torn up to place
drainage pipes. Mr. Newell responded in the affirmative. Council Member
Paterno questioned the Village's policy regarding the land, since it was
being acquired, and now being used by the people who back up to it. He
noted it was being used for parking, and different things. Mayor Humpage
commented Code Enforcement personnel had addressed these issues, and
the area was cleaned up. Council Member Genco suggested that would be
a good area to place a hedge at a later time to cover the back. Village
Manager Couzzo suggested Council may want to establish a policy, to
direct Staff of what they will and will not allow. He cautioned Council that
once the property belonged to the Village, there could be a possibility of
having a contamination from a tank or anything else, that could drain into
the storm drain system and could eventually wind up in the River, and the
Village could potentially be liable for that contamination. Mayor
Humpage agreed a policy should be established, and each property owner
notified of the Village policy.
Council Member Genco questioned whether that needed to be a written
policy. Village Manager Couzzo felt it should be a written policy that
stated the prohibited uses. Consensus of Council agreed and directed Staff
to draft a policy. Council Member Paterno questioned whether the policy
would be for not allowing anything to be stored on the Village property.
Village Manager Couzzo indicated Staff would draft a policy prohibiting
certain things being stored on the property. He mentioned if Council at a
later time wanted to lease the property that the prohibitions would already
be policy. He indicated he could bring it back for Council's review in
April.
Motion passed S-0.
19. Discussion of Council Member Paterno's participation on the General
Employees Pension Board of Trustees.
Council Member Paterno noted in order to stay on as a member of the
General Employees Pension Board he would need Council approval as the
representative to the Board. Vice Mayor Watkins noted for clarification
for the public that Council Member Paterno and Council Member Genco
were not sitting on the same Board. Vice Mayor Watkins asked Council
Member Paterno if he wanted to continue to serve on the Employees
Pension Board. Council Member Paterno noted his intentions were to stay
on the Board at this point, since there are a couple of things to do, and
until the Board finds another member. He commented he felt sometimes
his opinion may over influence the other members, and that he would not
want to do that.
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MOTION: Council Member Genco moved to appoint Council Member Tom Paterno
to the General Employees Pension Board as the Council Member representative.
Council Member Genco indicated there was no conflict because the policy
was already in place. Council Member Resnik questioned whether Council
Member Paterno was assigned to the position. Council Member Paterno
mentioned he was appointed by Council to be on the Board as a resident
appointment. Council Member Genco stated Council needs to appoint him
as the Council representative because of his new Council position.
Seconded by Vice Mayor Watkins; motion passed S-0.
XIV. ANY OTHER MATTERS
Council Workshop Date -Vice Mayor Watkins mentioned she had asked
for a Workshop date to be set regarding Council policies and procedures.
Mayor Humpage indicated Council was going to tie that into the same date
as the Attorney/Client (closed-door) session, and a Special Meeting.
Council Member Paterno mentioned he would be out of town March 19 -
March 24, due to spring break.
Council Member Genco indicated she would be available on March 28tH
Vice Mayor Watkins commented she would be available the entire week
of March 28th. Council Member Genco suggested having an earlier
meeting at 5:30 or 6:00 P.M. Attorney Hawkins felt March 28th would
work with his schedule. Village Manager Couzzo suggested. scheduling
the Attorney/Client first, the Workshop second, followed by the Special
Meeting last. Council Member Resnik commented the Workshop was on
Council polices. Council Member Genco asked that a copy of the current
policies and procedures be provided as back up materials. Council
Member Genco noted she would not be able to make it before 5:30 P.M.
Consensus of Council agreed to the Attorney/Client (closed door) session
at 5:30 P.M. Attorney Hawkins mentioned it was a closed door session to
discuss legal issues, and those present would be: Mayor Humpage; Vice
Mayor Watkins; Council Member Resnik, Council Member Paterno,
Council Member Genco; Village Manager Couzzo; Attorney Hawkins;
and a certified court reporter. Council Member Genco suggested having
the Special Meeting after the Attorney Client session. Council Member
Paterno suggested that way a time could be set for the Special Meeting.
Consensus of Council agreed to hold the Special Village Council Meeting
at 6:30 P.M. with the Workshop immediately following the Special
Meeting.
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(Public Comment)
Ms. Betty Nagy, resident of Shay Place felt the notices in the Monday
newspapers were not enough time to notify the public if it was a Monday
meeting. Mayor Humpage noted the last Special Meeting was an
emergency meeting, and that this meeting will be posted at least two
weeks in advance. Ms. Gwen Carlisle, Village Clerk mentioned since the
meetings were approved tonight, that the meetings will be publicly
noticed, and will be posted in the next couple of days.
Jupiter Hills -Mayor Humpage commented that Tequesta got involved
with Jupiter Hills when the Village previously did a Raw Water
Agreement with them. He indicated Tequesta Park and Jupiter Hills was in
close proximity to each other. He reviewed a schematic drawing of
Tequesta Park. He mentioned Jupiter Hills has several golf holes that the
residents like, and wanted to enhance the aesthetics of the area. He
explained Jupiter Hills does not want their golfers to see the Park's broken
and dead tress from the golf holes, and that it could be a fire hazard. He
commented Jupiter Hills would like to create an 8 foot by 80 foot berm to
the rear of the ballfields, in which they would install, pay for, and
maintain. Mayor Humpage noted it would encroach on Village Park
property about 10 feet. He mentioned if the Village would let them create
• this berm, they would agree to pay for the entire cleanup of Tequesta Park.
He reviewed the costs indicating the various colors on the map: 1) Red -
$32,500.00; 2) Green - $12,500.00; and 3) the remaining section -
$21,000.00.
Vice Mayor Watkins questioned whether the Village had already applied
to FEMA for reimbursement of the cleanup. Mayor Humpage responded
in the affirmative. Vice Mayor Watkins questioned how that
reimbursement would be handled. Mayor Humpage indicated if approved
Jupiter Hill could start within a week, and have the cleanup finished by
June 1St. Vice Mayor Watkins mentioned concerns that she would not
want to have any issues with FEMA. Council Member Genco indicated if
Jupiter Hills wanted to do a berm they would have to get a permit because
of the drainage issue, and felt someone may need to take a look at that.
Council Member Paterno noted one issue was the road to the back of the
Park. He questioned whether that would have an affect on the road, since
people used it to walk around before the hurricanes. Mayor Humpage
asked Mr. Preston where the well was located on the property. Mr. Gary
Preston, Director of Public Works indicated it was in the corner at the
back of the Park. Attorney Hawkins suggested if Council wanted to make
a motion to construct a berm, it should be subject to all necessary
approvals. He noted the State may have some involvement with this Park.
• Mayor Humpage indicated he did mention it to them, that is was State
lands, and that the Village leases. Attorney Hawkins recommended putting
all the approvals on their shoulders.
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Mayor Humpage indicated the POA would completely pay to grass the
berm, and add shrubs and trees. Council Member Genco questioned
whether the POA would be securing the permitting. Mayor Humpage
explained they would be contracting with Rood Landscaping to do the
work. Council Member Genco asked whether the Village would still be
reimbursed through FEMA. Council Member Paterno suggested the
Village pay Rood to do the work, so that the Village could be reimbursed
for the FEMA monies, and then take the money from Jupiter Hills to add
to the fund. Council Member Genco mentioned they have wanted to do a
trail in the Park in which that would be enough money to do the trail, and
still have some left over. Mayor Humpage mentioned if they were willing
to pay $80,000.00 to get the park done and completely reopen, he would
not want to put to many catches in the mix. Village Manager Couzzo
explained he would not want to get the Council hopes up to high on the
reimbursement of FEMA funds.
Assistant Village Manager Robert Garlo pointed out the only FEMA
monies that the Village had applied for, and that have been approved was
for the work that had already been done to the common areas in order to
get the Park open. He indicated FEMA would not authorize clearing, or
cleaning the back non-usable part. He noted there was no way that the
. Village could ask for or get FEMA monies for this area. Vice Mayor
Watkins mentioned Representative Joe Negron had also walked the Park
in order to find ways to help, and she indicated she would not want him
working on something that the Village would end up getting paid for. She
suggested he should be notified as a courtesy that it had been taken care
of. Attorney Hawkins recommended Council make a motion regarding
accepting this proposal in concept. Council Member Paterno questioned
after the completion of work whether they would have any rights to the
land. Mayor Humpage responded no. Council Member Resnik commented
this was a donation in kind. Attorney Hawkins suggested if Council
wanted to pass a motion, that the motion should direct Staff to enter into
an agreement for this work with Jupiter Hills, subject to the approvals.
MOTION: Council Member Genco moved to approve a motion to direct Staff to enter
into an agreement for this work with Jupiter Hills, subject to all approvals; seconded by
Vice Mayor Watkins.
Council Member Paterno asked to make sure that the road to the back of
the park would still be able to be walked on. Attorney Hawkins stated that
the approvals that they would have to obtain should take that into account
so that the road would not be interfered with in anyway. Council Member
Genco questioned whether the final approval for the contract would come
. to Council for approval. Village Manager Couzzo noted that was not his
understanding, because it would delay the project. He indicated he would
provide Council with a copy of the contract.
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Council Member Genco indicated if the road was going to be cut off, that
Council should be told, because that was not their wish. Council Member
Resnik questioned whether the Village would be getting an agreement
from them. Village Manager Couzzo noted that should come forward very
quickly. He suggested that the POA draft the agreement. Consensus of
Council agreed. Vice Mayor Watkins mentioned the public has been
asking over and over when the park would be completed. She felt the
public would be thrilled.
Motion passed S-0.
- Fire Rescue Written Plan for the Bridge Closing -Mayor Humpage
mentioned he noticed on Paragraph 5 of Page 2, where it stated that the
Tequesta Fire Rescue agreed to respond to areas south of the Loxahatchee
River. Chief James Weinand, Fire Chief indicated the Village would send
one unit if they had a mutual aid event that they needed assistance on if
they had a unit not in use, but felt it would never deplete our area with all
of the Village's resources. Mayor Humpage indicated if a unit was not in
use it would be used. Chief Weinand agreed.
XV. ADJOURNMENT
• MOTION: Council Member Resnik moved to adjourn the meeting; seconded by Vice
Mayor Watkins; motion passed 5-0.
The meeting was adjourned at 10:25 P.M.
~}
Gwen~Carlisle, Village Clerk
•
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