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HomeMy WebLinkAboutMinutes_Regular_11/18/2004. MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, NOVEMBER 18, 2004 399 SEABROOK ROAD TEQUESTA, FLORIDA 7:00 p.m. I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:04 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. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Resnik gave the invocation and led the pledge of allegiance. Mayor Watkins welcomed everyone to the Council Meeting. She remembered • Veterans Day, and thanked all the Veterans who have served. Mayor Watkins also congratulated Village Clerk Carlisle for being named the President of the Palm Beach County Municipal Clerks Association. Mayor Watkins read for the record her thoughts and reflections on the events of the past year, and expressed her sincere thanks to so many whose efforts have contributed towards making the Village of Tequesta the best place to live and raise a family. She noted it was a very exiting and prosperous time for the Village, and mentioned some of the projects that were coming to fruition and on the horizon. She thanked all the residents of Tequesta, and wished everyone a very Happy Thanksgiving. III. APPROVAL OF AGENDA Village Clerk Carlisle indicated the Resolution language for Consent Agenda Item V.(K), Resolution 18-04/05 had been revised regarding the Award of Contract to Sensus Metering Systems. Council Member von Frank removed Item I. Council Member Humpage removed Item O. Vice Mayor Genco removed Items B, H, and L. Mayor Watkins suggested Item D regarding the discussion for Constitution Park renovations come first under Development Matters since several of the Planning • and Zoning Board Members were in attendance. MINUTES -Village Council Regular Meeting 11/18/04 Page 2 MOTION: Councilmember Humpage moved to approve the agenda, as revised; seconded by Councilmember Resnik; motion passed 5-0. IV. UNFINISHED BUSINESS A. ORDINANCE NO. 591 -SECOND READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, AT ARTICLE II, VILLAGE COUNCIL, TO INCLUDE A NEW SECTION 2-33 TO PROVIDE THAT A MEMBER OF THE VILLAGE COUNCIL MAY SERVE IN AN EX OFFICIO CAPACITY AS A MEMBER OF THE PUBLIC SAFETY PENSION BOARD OR THE GENERAL EMPLOYEES PENSION BOARD FOR THE VILLAGE OF TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Attorney Hawkins read the title for Ordinance 591. MOTION: Councilmember von Frank moved to approve Second Reading of Ordinance 591; seconded by Councilmember Resnik. • Councilmember Humpage mentioned concerns regarding the Ordinance. He felt the Village was fortunate enough to have a Council Member who has the ability and can assist the Public Safety Pension Boazd in their efforts to make wise investments. He indicated he had contacted six different cities, and their response favored not having a Council member sit on the Boazd. He explained their reasoning was the Board was composed of 5 members, 2 residents whom were chosen by Council, 1 active Fire Officer, 1 active Police Officer, and a 5~' member chosen by the other 4 members. He felt if a Council member was to sit on the Board then Council would control 3 of the 5 seats. He explained everything the Boazd reviews comes to Council for approval. He noted this would be an additional seat to fill when designating Council Members appointments to various Governmental Assemblies. He questioned when the Board no longer has Vice Mayor Genco, would the seat be reviewed yeazly. Attorney Hawkins stated if there was no Council Member interested in serving on the Board, the Council did not have to designate a Council member. He indicated it would be totally up to Council since the discretionary language states "may serve". Council Member Humpage questioned if someone on Council chooses not to serve would the remaining Boazd members, choose the 5th member, or would Council pick the 5~' member. He noted typically under State Statute the 4 members chose the 5th member. • Attorney Hawkins felt there were two separate issues. He stated the Ordinance before them was whether or not a Council Member could serve in the Ex 2 MINUTES -Village Council Regular Meeting 11/18/04 Page 3 . Officio capacity. He stated the Council would still have the obligation to appoint 2 citizens to serve on the Board. He stated those 2 citizens along with the Fire and Police seats chose the 5th. Council Member Humpage questioned whether there would be six members on the Board, with an Ex Officio seat. Vice Mayor Genco noted Council would have 2 seats, 1 resident and 1 Council, or 2 residents if no one from Council were designated. Attorney Hawkins stated there would only be 5 members. Vice Mayor Genco noted a Council Member would need language to allow them to seat on the Board, because the Charter has since be revised. Attorney Hawkins agreed and stated this document allows a Council Member to sit on the Board without violating Dual Office Holding. Council Member Humpage indicated his other concern was when a Council Member attends a Board Meeting; he felt it had an effect on the Board members because of the position. He felt Council should do the business of the Village only. He stated he was not sure he was comfortable with this ordinance. Council Member Resnik stated during the Charter Review Meetings this matter was raised and the Statutes stated dual office holding was not acceptable. He noted there were legal discussions that a Council Member may sit on a Board, in the Ex Officio capacity, so long as they did not violate any of the rules or regulations by voting or taking actions that could be construed • as unduly. He indicated he was not going to vote against this Ordinance. He mentioned concerns that if a Council Member serves then there were really only 4 Council Members considering the item, instead of 5. Council Member Resnik questioned whether the Council Member would again vote on the item. Attorney Hawkins felt the structure was workable. Vice Mayor Genco explained for the record that she was the Council Member who had been on the Public Safety Pension Board. She indicated at one time the Village Charter required one of the seats to be a Council Member. She noted at the time she was appointed to the Board, she was the Mayor. She reviewed the progress the Board had made regarding updating the plan documents. She mentioned in order for her to continue she would need this Ordinance to protect her and allow her to serve. She indicated her work was almost complete, and felt the Ordinance allowed Council the ability to serve both today and in the future. Council Member von Frank asked the Planning and Zoning Board Members in attendance if they felt intimidated by his presence at the Planning and Zoning Meetings. Chair Elizabeth Schauer indicated she did not feel intimidated. Council Member Humpage pointed out he would like Vice Mayor Genco to continue her work, since she had done a great job. He questioned who would choose the 5th seat. Mayor Watkins stated Council would chose 2 seats; the Board would chose the 5th seat. She indicated the • Village would go back out to the community for letters of interested volunteers. 3 MINUTES -Village Council Regular Meeting 11/18/04 Page 4 • Attorney Hawkins stated this Ordinance allows Council the flexibility. He noted language could be added to the Ordinance that in the future the language could be revisited. Mayor Watkins mentioned she had a comfort level when the language was changed to "may" instead of "shall". Council Member Resnik noted a person was appointed to the Pension Board for a set term, and suggested no matter who was serving a resident, or Council Member it would be for the length of the term. He felt the Ordinance allowed the Vice Mayor, a highly qualified member of the community, to serve the Pension Board and the Village. A vote was taken and the motion passed S-0. B. Reconsideration of Resolution No. 10-04/05 approved at the October 7, 2004 meeting with the sidewalk issue tabled for research. MOTION: Council Member von Frank moved to approve Resolution 10-04/05; seconded by Council Member Resnik. Mayor Watkins indicated this item was continued from the November 18, 2004 Council Meeting in order for Staff to check whether the pavers were ADA compliant. Village Manager Couzzo noted he had spoke with Mr. Mike Slatterey, Village Consultant, and Mr. Russell White, Public Services Manager and they indicated the pavers were ADA compliant. He noted the cost savings to the Village using the pavers, and explained they would match up with the pavers in front of the Public Safety Facility. A vote was taken, and the motion passed S-0. C. Discussion of hurricane hardening for the new Village Hall. Mayor Watkins noted Council was revisiting this issue due to the recent hurricanes, and before the plans were finalized. She indicated the item was whether or not the Village should consider hardening a portion or all of the building. Councilmember von Frank mentioned he did not support hardening the building, and did not want to spend a million dollars of the resident's money to harden the building. He felt the building could not accommodate the majority of the residents during a hurricane. Mayor Watkins mentioned it was never the intent of the Village to use the new Village Hall as a shelter. She indicated she was not in support of hardening the whole building. She pointed out if Council wanted to consider anything that it would be the center part of the building, enough to house the computers, and records during a hurricane. Council Member Resnik commented when this issue first came up he was all • for it. He felt spending $30,000.00 for the design services, and approximately $300,000.00 to harden the center area of the building could provide a safe haven for individuals to operate after the hurricane. 4 MINUTES -Village Council Regular Meeting 11/18/04 Page 5 • He noted it would also provide a space to store records in preparation of a hurricane. He commented if it were used similar to the Public Safety Emergency Operations Center (EOC), it would be a protected area to work in after a hurricane, especially if the outer portion of the building was destroyed. He felt it was not very efficient during the last hurricanes to move the administrative Staff and their equipment to the EOC Center. He indicated he would support hardening the center portion of the building, but not the entire building. Council Member von Frank explained with today's technology there were fail-safe backup systems that could provide the records in an emergency situation. He pointed out he would not want to spend the residents money on something that was not functional. He suggested something that would service the community such as a drive through portico for automobiles on the north side of the new Village Hall building. Vice Mayor Genco noted she also was not in support of hardening the building. She suggested the Village spend $20,000.00 to purchase a Xerox machine that could copy, scan, and store the Village records on CD, and have the backup stored off-site. She mentioned she would also like to see the Village evaluate having the ability for employees to work from their homes in an emergency situation, so they do not to drive back and forth. She recommended a committee be formed to review and develop a disaster recovery plan. Council Member Humpage indicated he agreed with the majority of Council. He noted he also was not in favor of the project, especially after reviewing the costs, and noting the taxpayers would be paying for it. He commented he would rather use the tax dollars in other venues, such as sidewalks, street lighting, etc. He mentioned he found the two memos from CHM2Hill (Gee and Jenson) very interesting in their scenarios for wind speed. He noted if the building were knocked down, it would be insured. Mayor Watkins stated based on the discussion, the Consensus of Council was to not harden the building. Village Manager Couzzo indicated based on Council's decision, the plan would not need to be altered. V. CONSENT AGENDA Mayor Watkins noted Items B, H, I, K, L, and O had been removed from the Consent Agenda under Item III, Approval of Agenda. Vice Mayor Genco asked that Items C and E be removed from the Consent Agenda for discussion. Consensus of Council agreed. Note: Consent Agenda Items A, D, F, G, J, and M were approved at the December 9, 2004 Regular Village Council Meeting. A. Village Council Budget Workshop Meeting Minutes of August 16, 2004. C 5 MINUTES -Village Council Regular Meeting 11/18/04 Page 6 D. Village Council Public Hearing on Final Millage and Final FY 2004/2005 Budget Meeting Minutes of September 30, 2004. F. Village Council Regular Council Meeting Minutes of October 7, 2004. G. RESOLUTION NO. 14-04/05- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A CONTRACT WITH JLH ASSOCIATES, AT THE RATE OF $100.00 PER HOUR, FOR PROFESSIONAL PLANNING AND ZONING SERVICES IN THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON A PART TIME BASIS, WITH AN APPROVED FY 2004/2005 BUDGET AMOUNT OF $32,000.00 IN COMMUNITY DEVELOPMENT, PLANNING SERVICES ACCOUNT 001-150- 531.322. J. RESOLUTION NO. 17-04/05 -A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM DUVAL FORD, OF JACKSONVILLE, FLORIDA, FOR ONE FORD CROWN VICTORIA POLICE CAR PER THE FLORIDA SHERIFFS ASSOCIATION BID AWARD 04-12-0823 IN THE AMOUNT OF $21,837.00, HAVING A FY 2004/2005 GENERAL FUND POLICE DEPARTMENT BUDGET ALLOCATION OF $23,500.00 IN ACCOUNT #001-175 664.602 AND AUTHORZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. M. RESOLUTION 19-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AUTHORIZING THE CLOSING OF FUND #415 COMMUNITY DEVELOPMENT AND AUTHORIZATING THE TRANSFER OF REMAINING CASH AND INVESTMENTS FROM FUND #415 COMMUNITY DEVELOPMENT TO GENERAL FUND #001 AND AUTHORIZATING THE TRANSFER OF OTHER REMAINING ASSETS, LIABILITIES AND EQUITY OF FUND #415 COMMUNITY DEVELOPMENT TO PROPERLY SHOW SUCH ASSETS, LIABILITIES AND EQUITY GOING FROM A BUSINESS TYPE ACTIVITY TO A GOVERNMENT TYPE ACTIVITY WITHIN THE VILLAGE OF TEQUESTA. N Do oc,4 ~ ,. 41,o D.,r.Lo ++.1 Do n4;~ rlo i,,•t.v,nr,4 4n cvn.o l.oo .; o . + II ~ T' L' ~ 1 To.,,,o~~., C4<.lo .,,, AT..,.o.,.L.o.. 7n 7Mi1 ~i•~m 17 u , LJ END OF CONSENT AGENDA 6 MINUTES -Village Council Regular Meeting 11/18/04 Page 7 ITEMS REMOVED FROM THE CONSENT AGENDA B. Village Council Budget Workshop Meeting Minutes of August 30, 2004. Vice Mayor Genco commented she meant to pull Item C from the Consent Agenda, instead of Item B. Note: Agenda Item B was approved at the December 9, 2004 Regular Village Council Meeting. C. Village Council Public Hearing on Tentative Millage and Tentative FY 2004/2005 Budget Meeting Minutes of September 16, 2004. Vice Mayor Genco mentioned she recalled a number of things in the discussions regarding Fire and Police budgets adjustments and cost of living increases. She felt some information was omitted from the Minutes, and asked the Clerk to review the tapes and insert any additional information. She asked that the item be tabled to the December Regular Council Meeting. MOTION: Council Member Humpage moved to approve tabling Item C the Minutes of September 16, 2004 Tentative Millage and Budget Meeting to December 9, 2004 Regular Council Meeting; seconded by Council Member Resnik; motion passed S-0. E. Village Council Regular Council Meeting Minutes of September 16, 2004. Vice Mayor Genco indicated there was a typographic error in Resolution 65-04/05, New Business Item IX (D) Page 15, regarding the amount being appropriated. She explained the amount should be $100,000.00 instead of $1,000,000.00, and asked that the minutes reflect the correct amount. MOTION: Council Member Humpage moved to approve the amended Minutes of September 16, 2004 Meeting as requested; seconded by Vice Mayor Genco; motion passed 5-0. H. RESOLUTION NO. 15-04/OS--A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, DECLARING ITS SUPPORT OF THE LOXAHATCHEE RIVER PRESEVATION INITIATIVE'S EFFORTS TO RESTORE AND PRESERVE THE LOXAHATCHEE RIVER AND RESPECTFULLY REQUESTING THE STATE OF FLORIDA'S AND THE UNITED STATES FEDERAL GOVERNMENT'S MUTUAL SUPPORT OF THE INITIATIVE' S FY 2005 FUNDING REQUEST. Vice Mayor Genco removed this item to inform Council that the money they contributed to the Loxahatchee River Preservation Initiative was 7 MINUTES -Village Council Regular Meeting 11/18/04 Page 8 going toward the production of a video for the group to secure additional grants. She indicated the group wanted Council to know, if Council had any projects for the River, or any improvements for the estuary environment around the River, the group would be glad to apply for a grant. MOTION: Vice Mayor Genco moved to approve Resolution 15-04/05; seconded by Council Member Humpage; motion passed 5-0. I. RESOLUTION NO. 16-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM FORT LAUDERDALE HARLEY-DAVIDSON, OF FORT LAUDERDALE, FLORIDA, FOR A ONE YEAR LEASE OF A 2005 HARLEY- DAVIDSON FLHPI POLICE MOTORCYCLE IN THE AMOUNT OF $2,340.00, HAVING A FY 2004/2005 GENERAL FUND POLICE DEPARTMENT BUDGET ALLOCATION OF $5,040.001N ACCOUNT #001-171 544.301 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. • Note: Consent Agenda Item I was approved at the December 9, 2004 Regular Village Council Meeting. Council Member von Frank questioned whether using a motorcycle was functional in today's lifestyle. Police Chief Steve Allison commented the program had been previously tried for four years, and was very effective. He mentioned the motorcycle officers helped decrease the traffic violators. He indicated this was a new vendor willing to write a contract. He stated he would like to revisit the program for one year, with options for renewal. He explained the police department would like to stay proactive instead of reactive. Mayor Watkins asked whether there would be greater liability with an officer on a motorcycle. She indicated she was more concerned about their safety. Chief Allison responded motorcycles were more dangerous, but the officers were required to take an intense 90-hour operators course. He noted during the four-year period there were no accidents or fatalities. Council Member von Frank questioned whether the motorcycle officers would receive any kind of hazard pay. Chief Allison indicated they would receive 5% differential pay for the time they would be serving on the motorcycle, which the cost would be minimal to the Village. Mayor Watkins mentioned she was a little hesitant from a safety standpoint. Council Member Humpage commented sometimes it was the perception of the public with motorcycles, and asked the Chief to consider the motorcycle program having more exposure and more opportunities for 8 MINUTES -Village Council Regular Meeting 11/18/04 Page 9 police presence in the community. Chief Allison noted the police department was trying to raise the safety awareness of the public, and would focus on providing safety and education to the residents. K. RESOLUTION 18-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO SENSUS METERING SYSTEMS, OF DULUTH, GEORGIA, IN THE AMOUNT OF $62,548.91 FOR TOUCH READ WATER METERS, HAVING BEEN BUDGETED FOR FY 2004/2005 IN ACCOUNT #401-411- 652.601 IN THE WATER UTILITY FUND AND HAVING A BUDGET ALLOCATION IN THAT ACCOUNT OF $150,000.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Attorney Hawkins read into the record the revised language for Item K, Resolution 18-04/05. MOTION: Council Member Humpage moved to approve Resolution 18-04/05 with the amended language read by the Village Attorney; seconded by Council Member Resnik; motion passed S-0. L. Council acceptance of the Village's Water Utility Annual Water Rate Changes for F/Y/E 09/30/2005. Vice Mayor Genco removed this item to inform the residents that the rates were increased due to the annual index rate adjustment as set by code. MOTION: Vice Mayor Genco moved to approve the Village's Water Utility Annual Water Rate changes for fiscal year ending September 30, 2005; seconded by Council Member von Frank. Council Member Humpage questioned which index rate was used by the Village. Ms. Joann Forsythe, Finance Director commented the annual index rate adjustment was equal to the application of the Consumer Price Index (CPI). Village Manager Couzzo noted the annual rate adjustment became effective by Village Code in 1999. A vote was taken, and the motion passed S-0. O. RESOLUTION 20-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A CONTRACT TO A&D ENTERPRISES, INC, OF JUPITER, FLORIDA IN THE AMOUNT OF • $46,800.00 FOR THE CLEAN UP OF THE COMMON AREAS AND THE PERIMETER ACCESS ROAD IN TEQUESTA PARK DUE TO 9 MINUTES -Village Council Regular Meeting 11/18/04 Page 10 THE DAMAGE FROM RECENT HURRICANES, AND REQUESTING TO APPROIPREIATE FUND BALANCE IN THE AMOUNT OF $46.800.00, AND TO BUDGET SUCH FUNDS INTO ACCOUNT# 001- 230-549.996 TO FUND HURRICANCE JEANNE EXPENSES FOR FY 2004/2005, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE Village Attorney read for the record Resolution 20-04/05. MOTION: Council Member Humpage moved to approve discussion of Resolution 20- 04/05; seconded by Council Member von Frank. Mayor Watkins asked for public comments. (Public Comments) Ms. Kit Legato, resident of Bayview Court, and 24-year resident of Tequesta indicated she was representing a group called "Friends of Tequesta Park". She mentioned the "Friends" have been involved with Mr. Greg Corbitt, Parks and Recreation Director, in contributing money for disposable bags, so the citizens can pick up after their dogs, to keep the Park clean for everybody. She explained the "Friends" were attending the meeting to support Council in regards to the restoration of the Park. She questioned when the Park was going to be reopened. Ms. Leslie Cook, representing the Bay Harbor Homeowners Association, and Board Member of the Planning and Zoning Advisory Board asked Council to consider the trimming of five dead trees and removing debris from the Bay Harbor passive park caused from the recent hurricanes at the same time the contractor was doing the cleanup of Tequesta Park. Village Manager Couzzo suggested instead of amending the contract Staff could accomplish the work. Vice Mayor Genco asked if the additional work would be done with the tree trimming funds. Village Manager Couzzo responded in the affirmative. Council Member von Frank questioned whether the schools had any type of work program for these types of functions. Mayor Watkins mentioned concerns regarding of the safety of the students or residents being in the park before the initial cleanup. She mentioned this was not the total removal of debris, but was a worst-case scenario where huge trees could fall and injure someone. She felt the Village would not want to call anyone in on a volunteer basis until the first cleanup was completed. Council Member Humpage mentioned concerns on the cost, and the huge difference in the bids submitted from $46,800.00- $180,000.00. He pointed out the criteria that was set was the same for everyone. He asked if the Village would be eligible for reimbursement of Federal Emergency Management Assistance (FEMA). 10 MINUTES -Village Council Regular Meeting 11/18/04 Page 11 He ,questioned whether the Village was still pursuing State monies. Village Manager Couzzo noted the Park was technically a State property in Martin County. He mentioned in looking at the Village's Reserves, it would be wise to protect them, and have Staff contact the State and request they do the remediation of the Park with State funds before using any Village's funds. He explained this contract would allow the Park to open immediately to the public. He noted Representative Negron would be going back into a Special Legislative session as a result of the hurricanes and hopefully the Village issue would be reviewed. Mayor Watkins commented Representative Negron personally walked the Park to see the damage. Council Member Humpage mentioned Representative Negron was now the Chair of the Appropriations Committee. Village Manager Couzzo indicated the Village would be reimbursed for the cleanup costs through FEMA. He explained the next step in the cleanup would be to look at a volunteer work program, as mentioned by Council Member von Frank. He felt it was important to at least open the Park so people could walk the dogs and exercise. Council Member Humpage questioned whether the Village would make any provisions to prevent the public from going into the other areas of the Park that were not safe. Mr. Corbitt explained most of the other areas were primitive and not accessible. He commented the Village would make the necessary provisions to keep the public out of those unsafe areas. Council Member Humpage noted because the Bids A&B were so far apart, he questioned whether A&D Enterprises, Inc understood they would not be paid until completion of the project. Mr. Corbitt confirmed that statement was contained in A&D Enterprises bid proposal. Council Member Humpage cautioned Staff that the contractor be made fully aware before they start the cleanup, that payment will not be made until the job was completed. He wanted Staff and the contractor aware that the expectation was to stay within the boundaries of the contract. Mr. Corbitt mentioned he felt A&D Enterprises had a personal part in the cleanup, because they have children who use the park. Mayor Watkins asked that the public be notified, via the Village website, or by a sign at the Park of when the Park will reopen. MOTION: Council Member Humpage moved to approve Resolution 20-04/05; seconded by Council Member Resnik; motion passed S-0. END OF ITEMS REMOVED FROM THE CONSENT AGENDA C 11 MINUTES -Village Council Regular Meeting 11/18/04 Page 12 VI. COMMUNICATIONS FROM CITIZENS Ms. Leslie Cook, resident of Bay Harbor and Planning and Zoning Board Member mentioned to Council when ENCON was installing pipe in the vicinity of Bay Harbor passive park area, trees where destroyed. She asked if someone from the Village could contact ENCON and ask them to replace the trees. She asked if the Village could remove the dead trees. Mayor Watkins asked Ms. Cook whether her Homeowner's Association (HOA) had written a letter to ENCON. Ms. Cook mentioned the HOA wrote a letter approximately a year ago, and now most of the remaining trees had died. She asked that the Village come in a trim the remaining large tree, as they had done in the past. Consensus of Council agreed to support Ms. Cook's request for the tree trimming. Council Member Resnik questioned whether that passive park area was Village property. Ms. Cook responded in the affirmative. Mayor Watkins asked if it would be the desire of Council to have Staff generate a letter of support to have ENCON replace something they destroyed. Ms. Cook felt ENCON should pay. Council Member Humpage indicated ENCON's contract would have to replace whatever they damaged. He felt they should be contacted. Vice Mayor Genco suggested contacting Mr. Clint Yerkes. i Ms. Cook noted the waste trucks have been parking in the park area, and now the sod needed to be replaced. Village Manager Couzzo indicated if it were Council's desire, he would review the situation with Ms. Cook, and members of the Association as the Village removed the dead trees. He indicated Staff and the HOA could access and develop a plan, and come up with cost estimates and work with ENCON so they did not have to pay in full. VII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER VON FRANK - Commented he hoped he had not intimated any member of the Planning and Zoning Board by his comments or being at their last meeting. VICE MAYOR GENCO - Asked Council if they would want to consider having a Village tree giveaway. She asked if they would consider purchasing and having trees available to distribute to the residents. Council Member Humpage indicated he would not want the trees planted under the power lines. He noted the trees could help replace some of the vegetation that was damaged during the storm. Village Manager Couzzo noted Staff could investigate to see what was available through the local agriculture extension program, and come back to Council with some of the options. 12 MINUTES -Village Council Regular Meeting 11/18/04 Page 13 • COUNCIL MEMBER HUMPAGE - Council Aid to Organizations -asked that in the giving of the season, Council consider placing this item on the December agenda. He suggested taking one of the revenue sources, such as a cell tower provider, and earmark some of monies for Aid to Organizations, and possibly lift the level from $11,000.00 to $35,000.00 per year. Village Manager Couzzo indicated Staff was in the process of finalizing an agreement with Nextel. He mentioned Mr. Jeff Newell, Community Development Director indicated there could be another provider interested. He noted the current pole was at capacity, so Staff was analyzing having another pole to provide Nextel and Metro PCS. He noted Staff would be bringing the entire package to Council in the next few months. Council Member Humpage questioned the amount the individual companies would bring in revenues to the Village on an annual basis. Village Manager Couzzo noted the contract would require the provider to pay the Village up front for afive-year lease, and then pay annually. He explained the agreement that was currently being negotiated with Nextel grosses out in excess of 1.1 million. Council Member Humpage noted there were other charitable organizations that he would like to see the Village contribute to without increasing the budget. Mayor Watkins suggested leaving it up to the Village Manager to place this item on the agenda when it was ready for discussion. Consensus of Council agreed. Council Member Resnik suggested those people who would be interested in a donation from Council should forward a request for consideration. MAYOR WATKINS - Mentioned she sent a congratulations letter to Representative Negron on behalf of Council for his appointment as Chair to the Appropriations Committee. Village Manager Couzzo noted the Village had been very fortunate to receive a Water grant from the governing Board of the South Florida Water Management District (SFWMD) for $430,000.00 to expand the Reverse Osmosis Facility. He mentioned in the last eighteen months the Village was fortunate enough to receive over $500,000.00 in grant funds to offset the costs of the pipeline and RO Well. He mentioned the contract with the Town of Jupiter for water will be expiring next year, and this project will help provide the water needs for the future. COUNCIL MEMBER RESNIK - Thanked the Village Manager and Staff for making the effort to obtain approximately $1,000,000.00 in grants. • 13 MINUTES -Village Council Regular Meeting 11/18/04 Page 14 • Council Member von Frank questioned whether the proposed RO Well would affect the set up of the new Village Hall. Village Manager indicated that was taken into consideration and it would not affect the Village Hall plans. VIII. DEVELOPMENT MATTERS D. Discussion and approval of the Site plan design for Constitution Park renovations. MOTION: Council Member von Frank moved to approve discussion of the Site Plan for Constitution Park; seconded by Council Member Humpage. Mayor Watkins mentioned Ms. Elizabeth Schauer, Planning and Zoning Board Chair, and Board Members William Wilder, Leslie Cook, and Carl Blase were present. She thanked the Board for their time and effort they spent reviewing projects, and especially the time involved in this project. Ms. Elizabeth Schauer, Chair of Planning and Zoning Board asked Council to consider holding a Joint Workshop with the Planning and Zoning Board to discuss issues, such as signage, color schemes, etc., after the holidays. Consensus of Council agreed, and asked the Village Manager to schedule a date after the holidays. Mr. Jeff Newell, Director of Community Development mentioned Council had before them the site plan renovations for Constitution Park. He introduced Mr. Greg Corbitt was working closely with the consultants on the design of the Park. Mr. Greg Corbitt, Director of Parks and Recreation cordially invited everyone to the Harvest Festival, Saturday, November 20, 2004, and the Run for the Pies on Thanksgiving Day. He indicated the poinsettia mugs and t-shirts were from the Palm Beach Runner's Club, and would be given to every registered participant. He thanked the Police Department for all their help. He thanked the Planning and Zoning Board for all their time spent in reviewing the site plan renovations. He thanked the Mr. Chris Dellago and Mr. Mike Slattery, CHM2Hi11, Project Consultants, and Ms. Wendy Harrison, Special Projects Coordinator for the Village. Mayor Watkins thanked Mr. Corbitt for the wonderful job. Mr. Corbitt reviewed the following Staff recommendations for Phase 1: 1) Theme -Key West style. Keeping the roofs the same color as the other Municipal Buildings; 2) Restrooms- looked at various locations in the Park and felt the restrooms should be located in the center of the Park for • safety reasons, with surveillance cameras to be monitored by Police and Recreation; 3) Replace Playground Equipment - replace the old equipment with a tree house, play structures for Ages 2-5 and 5-12, rock 14 MINUTES -Village Council Regular Meeting 11/18/04 Page 15 • climbing unit, swings, and early development elements for the very young; 4) Installation of Picnic Pavilions for large gatherings, birthday parties, etc.; 5) Site amenities/furnishings -picnic tables, trash receptacles, etc; and 6) Fencing and Landscape improvements - for the residents to the north and west side of the Park, bordering Building L, Tequesta Gardens. Mr. Corbitt reviewed the cost estimates for Phase 1, and noted the items still have to go through the bid process. He recommended the following: 1) Playground Improvements - $160,000.00; 2) Restrooms - $124,000.00, infrastructure included; 3) Large Pavilion 26x26 - $29,000.00; 4) Site Amenities - $17,700.00; and 4) Fence - $10,600.00. Mr. Corbitt indicated the cost for Phase 1 would be approximately $341,690.00. Council Member Resnik complimented Mr. Corbitt on the outstanding job for he has done on the Park, and improved recreation opportunities to all ages in the Village over the last three years. Mayor Watkins agreed. Vice Mayor Genco expressed her gratitude to Mr. Corbitt and the Planning and Zoning Board for the hours in reviewing the plan. Council Member von Frank questioned whether the required letter from Tequesta Gardens Homeowner's Association (HOA) Board had been sent to the Village. Planning and Zoning Board Member Wilder indicated the letter had been • sent. Mayor Watkins indicated she had received a letter from a resident in Tequesta Gardens regarding the Park drainage and their concern with regards to the run-off. She mentioned another call was in regards to concerns on the cost estimates for the Park. She explained she would want the public to know Council was aware and sensitive to the issue. Council Member Resnik questioned what would be sent to the State in order to receive the $200,000.00 Grant funds. Ms. Harrison indicated the site plan would be sent that shows Phase 1. Vice Mayor Genco questioned whether that would be Items 1-6, as recommended by Staff. Mr. Corbitt responded in the affirmative. Planning and Zoning Board Member Cook questioned the location of the restrooms, and the increased costs for the infrastructure by having the restrooms in the center of the Park. She suggested saving the additional costs, and putting the money elsewhere in the Park. Mr. Dellago agreed the two proposed locations of the restrooms were good locations for various reasons. He noted CHM2Hi11 recommended the restrooms be in the center of the Park due to the proximity to the basketball courts, and all the equipment and facilities. He indicated there would be a difference of approximately $3,500 to run the water to the center location. He noted Planning and Zoning Board approved the restrooms in the center of the Park. Vice Mayor Genco noted her biggest objection was the 550 square • feet for the restrooms at a cost of $250 per foot. She felt the bid might not come in that high for the building. 15 MINUTES -Village Council Regular Meeting 11/18/04 Page 16 i Vice Mayor Genco mentioned she spoke with Planning and Zoning Board Member Jeff Robbins, a contractor, who felt confident the bids would come in for less. She explained Board Member Robbins requested a legal opinion as to whether or not an advisory Board Member could bid on the contract. She asked Council to address the issue. Mayor Watkins mentioned the center location of the restrooms for her was a safety issue. She felt the mothers and fathers would want the restrooms closer. Vice Mayor Genco agreed to the center location for the restrooms. Board Member Schauer explained the Board looked at both locations, and the majority felt the best location for the restrooms were in the center of the Park. Vice Mayor Genco noted the gate on the north side of the Park. Chair Schauer noted the main reason the Board did not want the bathrooms next to the building was for safety concerns, since it would be easy for someone to enter and leave unnoticed. She noted if there was a gate along the sidewalk at least someone might notice or hear something in case of harm. Council Member Resnik felt the restroom in the center was detrimental to the environment, and the aesthetics of the Park. He noted if the restrooms looked like a pavilion with landscaping and benches that would be fine, • since safety was first and foremost. Council Member Humpage pointed out he would be surprised if the water, sewer, and electric lines could be installed to the restrooms for $3,000.00. He suggested one item to consider would be the infrastructure costs for the electrical, since it was not included in Items 1-6. He suggested looking to see if a whole new electrical system was needed. Vice Mayor Genco mentioned the Planning and Zoning Board had also reviewed new lighting, possibly solar or electrical. Village Manager Couzzo stated the budget was $400,000.00, and with the possibility there could be savings in the bidding process the electrical would be accommodated. Public Comment -None Council Member Humpage noted Items 1-6 did not include the security cameras. Mr. Corbitt noted Items 1-6 were changed from the Staff Report recommendation. He noted the cost of his recommendation on the items was $341,690.00. Village Manager Couzzo questioned whether that included the cameras. Mr. Corbitt indicated the cameras were not included in Items 1-6. Mr. Dellago noted the $124,000.00 for the restrooms included the infrastructure. He indicated it did not include upgrading the electrical service. He reviewed the cost estimates for Items 1-6, and hoped the estimates were high so money would be left over to incorporate landscaping and improve the buffers. He noted unfortunately the • basketball courts would not be able to be moved in Phase 1. 16 MINUTES -Village Council Regular Meeting 11/18/04 Page 17 Council Member Humpage questioned if the cost of the infrastructure for the cameras going to the restrooms was considered. Mr. Dellago stated he was given a quote of $23,000.00 for 4 perimeter cameras, 1 central camera with the monitoring system located in the Recreation Building and remote access through the Internet for any other location. MOTION: Vice Mayor Genco moved to approve Planning and Zoning recommendations for the site plan, and Staff's recommendation for Item 1- 6; seconded by Council Member von Frank; motion passed S-0. A. ORDINANCE 592 -FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ANNEXING INTO THE VILLAGE AN AREA OF LAND CONSISTING OF APPROXIMATELY 1.33 ACRES WHICH IS CONTINGUOUS TO THE VILLAGE LIMITS; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF THE VILLAGE TO INCLUDE SAH) REAL PROPERTY; PROVIDING FOR SERVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. • Attorney Hawkins read the title of Ordinance 592 on First Reading. MOTION: Council Member Humpage moved to approve First Reading of Ordinance 592; seconded by Council Member von Frank. Mr. Jeff Newell, Director of Community Development thanked Village Planner Ms. Carol Lux for the time and work spent on the annexation. He reviewed the properties involved in the annexation: 1) Racchio's property, Baldino's, Phoenix Health, and the alley to the east of the properties. He noted Staff had worked closely with the County regarding the Phoenix Health and Wellness Center. He noted on the County's recommendation they suggested Phoenix be included in the annexation. He stated Phoenix was an involuntary annexation. Vice Mayor Genco felt it was incredible that the three properties were annexed at the same time. He questioned if the notices were sent to adjacent property owners. Ms. Carol Lux, Village Planner gave an overview of the project. She noted the Village took extra precautions and advertised on First Reading. She indicated the Village would advertise and send the required 300-foot notices for Second Reading. Council Member Humpage noted in the final analysis the cost to the Village to annex these • properties was approximately $7,500.00. Ms. Lux responded in the affirmative. She noted Baldino's and Racchio's fees were waived by Council, and indicated those were the fees based on the code. 17 MINUTES -Village Council Regular Meeting 11/18/04 Page 18 Council Member Humpage questioned whether the involuntary annexation was required to pay the fees. Ms. Lux explained they did not have to pay the fees, because they were involuntarily annexed. Council Member Humpage questioned whether the Village was paying for those fees. Ms. Lux indicated the Village would normally charge the applicant for those fees during the process. Council Member Humpage noted the revenue the Village would receive each year from the properties. Ms. Lux noted with taking the alley, future plans were to improve the alley and possibly set in motion Jupiter Heights residential. Council Member Humpage felt the Village was on a roll to annex additional properties. Public Comment -None Motion passed S-0. B. Discussion and approval for the Publix Master Sign Plan for County Line Plaza located at 500 U.S. Hwy One. MOTION: Council Member Humpage moved to approve the Publix Master Sign Plan; seconded by Council Member von Frank. Mr. Jeff Newell, Director of Community Development noted this was part of the rebuilding of Kmart Plaza to Publix Shopping Center. He noted Planning and Zoning Board recommended approval of the Master Sign Plan. Public Comment -None Motion passed S-0. C, Discussion and approval for the Repainting of Village Square Shopping Center at 219-289 U. S. Hwy One. MOTION: Council Member Humpage moved to approve the repainting of Village Square Shopping Center; seconded by Council Member von Frank. Mr. Jeff Newell, Director of Community Development noted the Village Square Shopping Center was currently under new management, and in the process of repainting, renovating and doing repairs to the Center. He indicated Planning and Zoning Board recommended approval. Council Member Humpage suggested the Management Company should have gotten approval to repaint before they started painting. Mr. Newell mentioned the new owners were not aware they needed approval, and after • the Village approached them, they came in and cooperated fully. 18 MINUTES -Village Council Regular Meeting 11/18/04 Page 19 Mayor Watkins noted it would be nice to have those improvements to the Plaza. Motion passed S-0. IX. NEW BUSINESS A. Discussion regarding the Village Reserves. Village Manager Couzzo noted an analysis was provided of the Reserve Funds for review. Ms. Joann Forsythe, Finance Director mentioned the analysis was a schedule of the existing and projected cash, investments and fund balance for the year end 9/30/04. She noted also attached was a schedule of change in fund balance for the General Fund #001, which describes the reserves and designations of fund balance within the General Fund. She noted with GASB 34 they have stopped calling it Fund Balance, and now call it "Net Asset". She indicated what she did in the schedule was to divide the governmental funds and the business type funds (Enterprise). She mentioned in the business type fund where the Village has fixed assets and long-term debt there would be a difference, because the reserves of Fund Balance show all assets included, such as liquid • assets (cash investments), and plant and equipment. She stated whenever there was a request to spend money Staff does a financial analysis to show the balance. Vice Mayor Genco noted $46,800.00 was just spend from the Reserve Funds for the clean up of Tequesta Park. She pointed out the reason for doing this was based on a discussion Council had regarding how much the Village had for reserves. She explained other municipalities have adopted resolutions establishing the level (by percentage) of reserves for that municipality. She explained two options to achieve this were: 1) what are the municipal expenditures; and 2) what are the municipal administration and operation costs. She noted generally speaking the smaller the municipality the higher the percentage for reserves. She suggested a smaller municipality should consider three months worth of expenditures or administration. She asked the Council to consider establishing a reserve on undesignated funds. Mayor Watkins mentioned prior to last year, the Village did not have the $1,000,000.00 that was designated at this time for reserves. Vice Mayor Genco noted the $1,000,000.00 was designated funds. She suggested having undesignated funds in that event of a bad situation to have the ability to operate and pay routine expenses for a period of time. She felt a • reasonable year for the Village would be 6 1/2 to 7 million dollars for the budget, and setting aside a reasonable percentage of that amount for reserves. 19 MINUTES -Village Council Regular Meeting 11/18/04 Page 21 Council Member Humpage agreed with Vice Mayor Genco, noting the Village was currently close to the 15% with $900,000.00. Mayor Watkins questioned whether that would be the percentage set as a goal. Vice Mayor Genco suggested model language would need to be drafted for a Resolution before it could be adopted. Village Manager Couzzo noted if it was Council's desire Staff would draft a Resolution for their consideration. Consensus of Council agreed for Staff to draft a Resolution establishing a goal of 15% for undesignated reserves. Village Manager Couzzo noted there were additional monies not included in reserves, such as the $430,000.00 in water grant funds. B. Discussion and approval for the Bill of Sale for the purchase of a generator from Mr. John Horton in the amount of $ 22,500.00. MOTION: Council Member Humpage moved to approve purchasing the generator in the amount of $22, 500.00 from Mr. John Horton; seconded by Council Member Resnik. Mayor Watkins thanked Council Member Humpage for bringing the generator to the Village's attention, and noted it was nice of Mr. Horton to keep the offer open until Council could approve the purchase. Council Member Humpage questioned the amount the generator could have cost to purchase. Assistant Manager Robert Garlo noted the generator was estimated to cost anywhere from $35,000.00 to $150,000.00. Council Member Humpage pointed out by purchasing this generator there would be a cost savings on the new Village Hall. Motion passed S-0. Vice Mayor Genco mentioned there was an article in the Martin County, Palm Beach Post regarding Jupiter Inlet Colony, Jupiter Island, and Sewell's Point forming there own electric utility district for the purpose of undergrounding powerlines. Village Manager Couzzo indicated Staff would investigate. Village Manager Couzzo explained the dollars to purchase the generator were recommended to come out of the existing Capital Projects fund account number 450-331-664.603 appropriated for Furniture/Fixtures for the new Village Hall. C. Council appointments/reappointments of members to the Board of Adjustment. Village Clerk Gwen Carlisle noted only one letter of interest was received from Ms. Vi Laamanen for reappointment to the Board. 21 MINUTES -Village Council Regular Meeting 11/18/04 Page 22 • Council Member Humpage mentioned Mr. Ward Bertholf, resident of Dover Road was interested in serving on the Board. Village Clerk Carlisle indicated she would contact Mr. Bertholf. MOTION: Council Member Resnik moved to approve the reappointment of Vi Laamanen to the Board of Adjustments as a Regular Member; seconded by Council Member Humpage; motion passed S-0. X. ANY OTHER MATTERS Mayor Watkins mentioned she had received a request from the Northern Palm Beach County Improvement District (NPBCID) regarding a request for Council's support and consideration for their proposed legislation. She noted the request was received recently in the mail and since this item was time sensitive this would preclude Council from placing on the December 9, 2004 Regular Council Meeting agenda. She indicated the proposed legislation was to provide for Popular Election of Two Board Members. She explained the NPBCID was requesting a letter of support for the proposed local bill. MOTION: Vice Mayor Genco moved to approve the Village sending a letter to • NPBCID to show the Village's support of their proposed legislation; seconded by Council Member Humpage; motion passed S-0. Council Member Humpage questioned the budgetary expense of $3,000.00 for a flagpole for the new Village Hall when one was currently there. Village Manager Couzzo pointed out Council will be able to pick and choose items when the project goes out to bid. Mayor Watkins mentioned Council was asked to bring their calendars so a date could be set for a Council Workshop regarding the Sunshine Law in December. Council Member Humpage indicated he would be out of town December 21, 2004- January 5, 2005. Vice Mayor Genco mentioned she would be available Monday- Wednesday, November 29, 2004- December 2, 2004. Village Clerk Carlisle noted the Planning and Zoning Board Meeting was December 1, 2004 in the Recreation Center. Council Member Resnik noted he would not be available on December 1, 2004. Village Manager Couzzo asked if everyone would be available Monday, November 29, and Tuesday, November 30, 2004 from 10:00 am - 1:00 pm. Vice Mayor Genco questioned whether the Planning and Zoning Board would be attending. Village Manager Couzzo noted the Planning and Zoning Board indicated their preference was to meet with Council • sometime in January. Council Member Humpage suggested the Board of Adjustment should be invited to the Workshop. 22 MINUTES -Village Council Regular Meeting 11/18/04 Page 23 • Village Manager Couzzo explained the Workshop would be in presentation format with discussions regarding the Sunshine Law, land use and development, and other matters. Mayor Watkins asked if anyone had a conflict with Monday, November 29, 2004 at 10:00 am. Consensus of Council agreed to Monday, November 29, 2004 at 10:00 am- 1:00 p.m. in the Recreation Center. Mayor Watkins reminded Council and the residents the Harvest Festival on Saturday, November 20, 2004 from 12:00 pm - 5:30 pm. XI. ADJOURNMENT MOTION: Council Member Humpage move to approve adjournment of the Meeting; seconded by Council Member Resnik; motion passed S-0. The Meeting was adjourned at 10:00 pm. wen E. Carlisle Village Clerk • 23