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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_04/13/2006 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE. COUNCIL MEETING - THURSDAY, MARCH 9, 2006 I. CALL TO.ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:08 P.M. A roll call was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr.,._ Village Clerk Gwen Carlisle, and Department Heads. Village Attorney Scott Hawkins arrived at 7:10 P.M. II. - INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage ga�e the invocation and led in the pledge of aliegiance to the flag. III. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the agenda; seconded by Council Member Paterno; motion passed 4-0. , Council Member Genco asked if they could address the items removed from the Consent Agenda. Council Member Genco removed Item 4 from the Consent Agenda. Council Member Paterno removed Item 5 fronn the Consent Agenda. MOTION: Vice Mayor Watkins moved to approve the agenda as amended; seconded by Council Member Genco; nzotion passed 4-0. IV. PRESENTATIONS AND PROCLAMATIONS 1. Presentation — Narthern Palm Beaches Cultural Alliance — Mr. Roger Buckwalter Mr. Roger Buckwalter, Chairman of the Northern Palm Beaches Cultural A1liance, and 27 year resident of Tequesta, mentioned he has been devoting a great deai of time to volunteer work much of it involving ow local cultural sector since his retirement in 2001 from the Jupiter Courier. He highlighted the involvement, goals and events of the Alliance, noting � that the group was formed in June 2004. He feit it was a significant development far the local cultural community. He indicated currently they . have 19 members, which include Lighthouse Center for the Arts, Blowing . Rocks � Music Festival, Maltz Jupiter Theater, Loxahatchee River Minutes - Village Council Regular Meeting 03/09/06 Page 2 Historical Society, FAU Jupiter Campus, and many others. He mentioned they� have also received encouragement of their work from PB County Cultural Council, PB County Tourism Deveiopment Council, and PB County Commissioner Karen Marcus. He pointed out the very diverse group recognizes how much the. cultural groups have in common, that they are allies, while they are separate and distinct groups. He indicated tl�ey have a shared overwriting interest to enrich our cultural qua.lity of life. He mentioned their next meeting would be Friday, March 31, 2006, at 10:00am at the FAU Jupiter Campus. He invited everyone to attend. He read the mission sta.tement _for the group, which summarizes what they do. He indicated their main effort at this time was to raise the profile of the lacal cnitural community by marketing the local culturat groups and increase their audiences. He pointed out the cuitural guide, which Council . received in their packets. He announced they wouid have a bus tour of the local cultural sites on March 24, 2006 from the Lighthouse Center of the - Arts. He mentioned they held a benefit performance last March at the Jupiter High School to aid two members, Loxahatchee River Historical Society and Busch Wildlife Center which sufferedery heavy damage irn the two 2004 hurricanes. He commented he felt tl�is collaboration is good for the comm�anity, and thinks it is gaod for Tequesta where the cultural life is so important to the residents. He explained the key to this alliance is establishing a broad base of support, especially for those outside the cultura� community, from other institutions such as businesses, government, etc. He asked Council to look favorably on the Alliance and asked that they join in as a member. Mayor Humpage asked Council to consider at the next Council Meeting placing this item on the agenda to support the Cuitural Altiance. He mentioned the Viliage has increasea tl�eir ability to charitable donations. He felt it was a worthy cause. Vice Mayor Watkins asked if this was going to lae for the membership in the Alliance. Mr. Buckwalter commented the membership is $100.00 per year for government, businesses, and institutions, and $54.04 for individuals. Mayor Humpage asked Attorney Hawkins if Council chose to act on this item this evening; could they do it under this Presentation. Attorney Hawkins recommended placing it on the next agenda to get public input. Consensus of Council agreed to place it on the April Reguiar Council Meeting agenda. 2. Proclamation declaring the Month af April 2006 as "Read Together Palm Beach County Month. Attorney Hawkins read for the record the Proclamation declaring the Month of Apri12006 as"Read Together Palm Beach County Month. 2 Minutes - Village Council Regular Meeting 03/09/06 Page 3 V. STANDING REPORTS VTLLAGE ATTORNEY 1 S ` Baptist Church of Tequesta — He mentioned his f rm has performed various research related issues over the last month, and commented there was one issue he wanted to bring to Council's attention. He indicated the pastor of the Baptist Church had contacted one of his coileagues, and asked with respect to a zoning issue. He mentioned he has brought this ta the attention of Village Manager Couzzo and Ms. Catherine Harding, Director of Cornmur�ty Develapment, and they have advised that he can proceed in an informal maiter. He indicated he was � mentioning this to Council so they were aware, and if he perceived any issue, whatsoever, regarding a potential conflict, he would bring that to Council's attention, and direct his colleagues to discontinue. He wanted Council to be aware, because it has surfaced in the Iast two weeks, and has to do with a Special Exception request. Council Member Genco suggested Pastor Paul may have called everyone on Council to ask if they would object to him petitioning for the change. She noted the pastor called her, and she told him to see Ms. Harding, and that the zoning regulations needed to be addressed by way of the code. Mayor Humpage indicated Pastor Paul Beresford also called him, and he told him he had to follow the rules. Vice Mayor Watkzns felt he probably received that same message from all Council Members. VILLAGE MANAGER - None VI. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Yillage Council Membe� so requests, in which event the item tivill be remaved from the Consent rlgenda and considered in its normal sequence on the Agenda. Council Mernber Genco removed Item 4 from the Consent Agenda. Council Mernber Paterno removed Item � from the Consent Agenda. MOTION: Vice Mayor Watkins moved to approve .the Consent Agenda, as amended; seconded by Council Member Genco; motion passed 4-0. Therefore the following items were approved on the Consent Agenda. 3. Ms. Catherine Harding, Director af Community Development as Village representative to the Loxahatchee Coordinating Council. 6. Council approval for Amendment No. 1 to the Lease Agreement with Nextel South Corporation .END OF CONSENT AGENDA . 3 Minutes - Village Council Regular Meeting 03/09/Q6 Page 4 ,. ITEMS REMOVED FROM THE COl'�SENT AGENDA 4. RE54LUTION 13-05�06 – A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Atlantic Truck Center, of Ft. Lauderdale, Florida for the arnount of $45,b39.00 for the purchase of a Ford F6S0 Dump Truck, with funding coming from the Stormwater #403-250—b64.600 and Water Fund #401- 411-664.600 and authorizing the Viiiage Manager ta execute the applicable contract on behalf of the Village. Councii Member Genco mentioned the Village already has one dump truck althaugh it is nat the same type of truc�C; and � front-end loader, 2 backhoes, and one Bobcat. She felt there were only two people that the Village would look at utilizing the equipment. She eommented she understands that getting this equipment is in preparation of hiring peopie to do landscaping and maintenance. She pointed out since the Village does not have the Staff designated to opera.te the equiprnent; she indicated she would agree in principal to endorse it; but it would be subject to having the Staff prior to spending the money. She explained it does not make sense to have 7 cars in a garage for a two hausehold family. She felt this is a very simiiaz situation, and knows that the Village plans are to beef up the rnaintenat�ce, and at that point in time then this equipment would be appropriate. She noted the Village does not have the people unless they . are going to ask the administrative people to operate it. She felt they � should not be asked, because it is not in their job description, and not their responsibility. � � Mayor Humpage pointed out this was an item that had been approved in the 2004/2405 budget. He mentioned Council approved the dump truck in the previous budget year. Council Member Genco felt it was not approved specifically as an item. She mentioned Council had discussion about the truck and it was subject to the fact that the Village would be hiring people to utilize it. She explained she distinctly recalis that discussion, because she was the one that brought it up. She stated the Village Manager had said to them at that Council meeting this was in preparation of the Village having their own staff to do the maintenance. She pointed out the Village has not hired the staff and questioned �uhy it is being purchased at this time. Mayor Humpage reiterated it was an item approved in the budget last year, but it did not pass the first time, so now it is back before Cauncil again for a couple of reasons. He explained in his business he has 20 pieces of equiprnent and only 5 employees. He gointed out it is the equipment and the nature of when it is needed. He felt it was necessary equipment to make the job go better. 4 Minutes - Village Council Regular Meeting 03/09/06 Page 5 Mayor Humpage feit Council missed the opportunity by not purchasing this dump truck prior ta Hurricane Wilma, when Public Works had to go out and pzck up debris when Waste Management shut down. He indicated he was out with Staff, including Mr. Russell White, Public Services Manager and Public Works staff and they made 10 unnecessary trips because the flatbed, even with the rails, could not handle the amount of debris. He suggested this is an excellent idea, and it is at the right price. He asked if it was at the same price as it was Iast year. Mr. White commented it was. Mayar Humpage explained one of the things that this Council is always looking to do is to better prepare themselves in the event of a hurricane. He stated they are only 3 months away from hurricane season. He noted if the Village has trees down in the road such as in Hurricane Wilma this truck, which is about 4 to 5 times the capacity wonld eiiminate many trips to the landfill. He feit this is something Council shouid do, and it was in the budget, and not money Council �would have to appropriate from another fund, and the price is right. He felt it gives the Village one more tool. He cornmented Staff could use it to move earth at the new Village Hali, and save money too. He felt Council should approve it. Vice Mayor Watkins mentioned she asked the Village Manager to bring this item back at the last meeting. She indicated this was an item in tl�e budget and that Council had approved it. She explained Mr. White has conszstently come to Council with cost savings in his department for the years she has been involved in Council, an.d felt he would not have suggested something that he did not need, or did not have a use for. She stated she trusts him to know what he needs. She pointed out Council is constantiy asking Sta.ff to do more and more, and going toward daing more things on their own. She believes there will be more opportunities, in addition to the one the Mayor mentioned, that Staff could have used the truck. She stated she supports the purchase, and felt it would end up paying for itself in a very short span of time. Mayor Humpage asked if the dump truck could be used at the Linear Park. Village Manager Couzzo felt the project might be completed before the truck is acquired. Council Member Paterno commenteii he agreed witfi Council Member Genco that he did not want to approve the truck the last time it came before Councii, but since then he has seen firsthand that the truck would be asset. He mentioned he has witnessed them making many loads to do something when they could have done it in probably a 1/3 of the time. He felt the biggest cost in the Viilage is the manpower, so whatever Council can do to make that more efficient it would be a cost savings to the community, and give the residents better service. He pointed out there are a lot more projects coming up in the future, and this equipment could be very helpful. - 5 Minutes - Village Council Regular Meeting 03/09/06 Page 6 .. Council Member Genco questioned the difference in capacity of the high- sided dtimp truck and current low-sided flatbed. Mr. White explained the � current flatbed could hold about 3 yards of material, and the dump truck couid hold 6 yaxds completely in the bed without having to worry about things falling out. Council Member Genco pointed out it is about double the capacity, not many times the capacity. She did_ not understand that if the Viilage does not have Staff why they are buying a lat of equipment. She sta.ted she is really opposed to the fact the Village is calling in administrative people who do not have the experience using heavy equipment to operate it. Mayor Humpage commented he respected Council Member Genca's opinion, and mentioned in working with Staff it could be used. Cozxncil Member Genco pointed out Mayar Humpage does not have a million doliars in equipment. Mayor Humpage noted this item �s only $47,000.00. Council Member Genco pointed out it was 2 trips instead of 1 because. it is double the capacity. Mr. White confirmed it is double the capacity depending on materials. Council Member Genco explained because thexe is money in the budget does not mean you have to spend it. Mayor Humpage agreed, but felt this was part of the Village's hurricane preparedness. Council Member Genco questioned the Village's liability if someone not qualified to operate the vehicle goes out and hits someone. Village Manager Couzzo stated the Village wauld not have any people in the vehicles that are not certified to drive them, nor have the appropriate license. Council Member Genco asked what if she wanted to drive the vehicle. Village Manager Couzzo stated she would not be allawed to do that. He pointed out someone must have the proper type of license to operate certain types of trz.icks. Council Member Genco felt the driver did � not need any special license for this type of truck. Mr. White agreed this dump tr�zck does not require a CDL .license, and most of the employees can drive them. Council Member Genco stated she would love to learn to drive a CAT. Vice Mayor Watkins asked if Council Members were driving the trucks. Mayor Humpage clarified he did not drive a Village truck; he followed them around in his persona� vehicle, and threw the debris into the truck. Council Member Genco agreed Mr. White is an incredible employee, and she does not question him or second-guess him, but noted she looks at staffing, and what our equipment is, and the utilization of .'it. She pointed out for someone to rnake five trips over a few months, instead af one trip, is not a cost savings to spend $50,000.00. She explained if the Village was going to have Staff ta utilize this on a weekly basis, or a consistent basis she wouid be alI for it, but the Viiiage does not have the staff at this time. 6 Minutes - Village Council Regular Meeting 03/09/06 Page 7 Mayor Humpage asked Attorney Hawkins to read the Resolution. Attorney Hawkins read for the record the title of Resolution 13-OS/06. MOTION: Vice Mayor Watkins moved to a�prove Resolution 13-OS/06; seconded by Council Member Paterno; motion passed 3-1, with Council Member Genco dissenting. � 5. RESOLUTION 62-OS/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a proposal from Terracon Services, Inc. for Landscaping and Irrigation of Tequesta ,. Linear Park in the Arnount of $79,358.50 (Account #303-399-663.675). Councii Member Paterno asked for additionai information on the lacation of the plantings. Mr. Robert Garlv, Assistant Village Manager mentioned the origirzal design of the FEC Beautification Project/Linear Park, was done by Roy-Fisher and Associates. He indicated the bid specifications for this agenda item was taken from the p1ans, and given out to the companies listed in his memo. He apologized if the numbers were � confusing, noting the Village received landscaping bids and irrigation bids separately, and when Staff put them together, from three companies, Terracon was the lowest bid. He asked Council to consider approving the bid award to Terracon Services, Inc. .� Ms. Connie Roy-Fisher, Landscape Architect mentioned the Park design was before Council about a year �.go, which included the path, some berming, sabal palm trees, specialty plantings and kiosks. She explained at that time they were asking Council for approval for a Palm Beaches Beautification grant, which the Village applied for, and received funding. She indicated that was to pay for Phase I landscaping, which is the berming, the sabal and thatch palms, and some sod. She pointed out that is what will be installed now, with the idea there will be future phases. Council Member Paterno questioned how many more phases are planned to complete the project. Ms. Roy-Fisher explained it dep�nded on budgets, and grant applications. Council Member Paterno asked how much more � would the project cost. Assistant Manager Garlo. zndicated the funding tha.t was granted in two increments from the County and the beautification grant exists through the calendar year. He mentioned the engineering and the mast arms signalization has held up some of the work done at the intersection. He explained what they are doing with the existing funding is the Linear Park, and bringing it south toward the intersection, vsrithout interfering with the construction of the mast arms when they go in. He indicated all the funding was coming from a Capital Project account. Mayor Humpage asked what the Village had expended so far of the $358,000. Assistant Manager Garlo pointed out the $358,000 was the revenue. 7 Minutes - Village Council Regular Meeting Q3/09/Ob '. Page 8 He mentioned $338,000 was given by Commissioner Karen Marcus from her discretiona.ry funds in two amounts: $200,000, and $135,000 plus the . beautification grant of $23,000 that was approved at:_>the last Council Meeting, totaling $358,000. He noted when the original $200,000 was given to the Village; Council did a matching grant of $200,000. He noted � the total amount of the project is $558,000. He mentioned what has been expended to date, not including this bid award, is approximateiy $160,OOQ to $170,000. He noted the costs have been for the path, engineering costs associated with the mast arms, and Staff labar costs at a significantly lower amaunt than if the Village was to contract the work . out. Mayor : Humpage noted the Village is approximately at $248,000 including this project. Mr. Garlo agreed. He explained the number he does not have at this time is the mast arms. He mentioned the County just entered into a � contract with a new bidder. He pointed out the ariginal number for the . mast arm signalization came in at $200,000, but it couid be different now. He indicated he should be getting the new number within two months, because as soon as the engineering is at 100%, the Caunty will put out a bid, and the Village could piggy-back their contract. Vice Mayor Watkins indicated it was nice to see the project started, since everyone had been waiting for something to happen. She mentioned just cleaning out the trash, and starting the pathway has been a great improvement. She cornmented she was glad to see that it was done in- house since it saved the Village some money. Mr. Garlo indicated people are already using the path. Council Member Paterno felt the remaining $2b0,000 was basically to cover the mast acros, and any money left it would be used for landscaping. Mr. Garlo agreed. Council Member Paterno thanked Mr. Gario for a great jab on the work and clean up, and felt once the trees are in people are going ta be surprised how beautiful the area will be, and that it wilt be used to roller skate and walk the path. A Mayor Humpage pointed out that the difference in the numbers were with �the irrigation and landscaping. He noted the Village has already confirrned with Terracon that the irrigation is a non-issue, and that the Village can move forward at the cost provided in their bid. Mr. Garlo indicated he spoke with them regarding the disparity in the numbers, and that is their bid: He noted if Council awards the bid, they will start the project, and they will be held to their figure. Council Member Genco asked far clarification on the irrigation. Mayor Humpage noted the only company that provided the Village with irrigation in their proposal was Terracon. He commented both Rood and Aieilo was absent of the irr'rgation systern. He mentioned their numbers were somewhat similar but lower than Terracon, since Terracon included the irrigatiion. Mayor Humpage pointed out he wanted Yhem to understand if Council approved this bid,� it would include the irrigation. Council � Member Genco mentioned Terracon has the $15,800 far irrigation. 8 Minutes - Village Council Regular Meeting 03/0910b ' Page 9 __ Mayor Humpage noted there is a$31,000 disparity between the others and Terracon. Council Member Genco indicated the Viilage is going with ' what they feei is the lowest and best bid. Cauncil Member Paterno asked when the anticipated completion date was for this work. Mr. Garlo indicated the project was starting immeaiately. Council Member Paterno asked whether the project would be finished in 30 days. Assistant Manager Garlo indicated the irrigation also needed to be installed. Ms. Roy-Fisher mentioned she had not talked to them about their schedule, but suggested .. giving them two months. Mayor Humpage felt the irrigation needed to go in before the shrubs were planted. Council Member Genco commented � this was just the first phase of the plantings, and there would be another phase for plantings. She indicated these were the larger planting materials, and the smalier flowering and accent pieces will be coming in at another time in the budget. Council Member Paterno agreed, and canfirmed that would need to be budgeted. Attorney Hawkins read for the record the title of Resolution 62-OS/06. MOTION: Vice Mayor Watkins moved to approve Resolution d2-OS/06; seconded by Council Member Paterno; motion passed 4-0. VII. COMMUNICATIONS FROM CITIZENS - Mr. Basil Dalack, resident of Golfview Drive and incoming Council Member mentioned the 3 anniversary of the Iraq War is coming� up next week. He indicated he was thinking of ways to commemorate the horrible event. He � proposed a couple of suggestions: 1) Ali houses of Worship starting this weekend and next weekend, consider starting and fighting the Iraq �Ti�ar with our notion of morality; 2) Cauncil consider a Resolution, that he will submit next week when he - takes office. He commented he will give the original to the Clerk, but will distribute it so every Council Mernber has a copy in advance. He asked that the Resolution be placed on the next Regular Council Meeting agenda. Mr. Dalack noted another item he wouId like placed on the April agenda is consideration to hold, either the Iast Thursday of the month, or some other convenient date, � Meeting, patterned after the New England Town Ha11 Meetings. He stated this is where the citizens discnss matters of great public importance. He mentioned that could be items such as Palm Beach County voting mechanisms, etc. He indicated he has attended severat meeting at the Supervisor of Elections office, and felt the Palm Beach County voting machines are deplorable. Mayor Humpage clarified with Mr. Daiack the foilowing items for the April 13, 2006 Regulax Council agenda: 1} Council consider having Town Hali Meetings. Mr. Dalack responded yes, and suggested once a month; and 2) Offer a ' Resoiution to Council for its approval. Mr. Dalack stated he would read only the title of the Resolution for the record. 9 � Minutes - Village Council Regular Meeting 03/09/06 Page 10 . Mayor Humpage mentioned he did not have a problem with the Town HaII Meetings if Cauncil wanted to consider the item. He -stated he beiieves every American citizen has the right to vote in the National elections. He noted he 'did not know if he wanted to entertain fhe thought of getting into a major politicai statement. He mentioned he would not be comfortable with the Resolution. Mr. Dalack suggested Council discuss it next week. Vice Mayor Watkins stated she did not want to discuss it. Mayor Humpage stressed he did not want to discuss, and that Mr. Dalack would need a consensus of Council ta put that on the agenda.. Council Member Paterno agreed with the Mayor. Mayor Humpage reiterated he did not want to make a political statement, and stated that it is the right of every citizen in the room, and every resident in the Village of Tequesta, and it should be exercised at the poll, or other venues of our Congressmen or Senators. He mentioned he would support Town Hali Meetings, but would not support the second item. Mr. Dalack mentioned Councii did not need to do it this evening. Mayor Humpage stated he did not want it on the agenda. Mr. Dalack stated he , ' read the Village Charter, and Resolutions and O�dinances are adopted pursuant to Florida Statute Chapter 165. He indicated he did not see any requirement that there be approval of Council beforehand for a Resolution. Vice Mayor Watkins stated it takes a consensus of Council to place something on the agenda. Village Manager Couzzo explained it is a policy of Council to determine what item goes on the agenda: Mayor Humpage agreed and stated the item would have to have a consensus of Council to place it on the next agenda. Mr. Dalack asked Council to � consider placing it on the next agenda. Attorney Hawkins stated there would need to be a consensus of Council, so Council would need a showing. Vice Mayor Watkins sta.ted she was opposed to placing it on the agenda. Mayor Humpage stated he would support Town Hall meetings on the agenda, but would not support the Resolution Mr. Dalack wanted to place on the agenda. Council Member Paterr�o indicated he totally agreed with the Mayor. He mentioned he was ta.ken 6ack by the Resolution. Mr. Dalack pointed out there are 170 municipalities in the United States that passed . � Resolutions against the war, befare the war, and 75 municipalities that have passed Resolutions since the war began. Mayor Humpage stated that is their right. . Vice Mayor Watkins stated she did not mind discussing Town Hall meetings, but � she did not want to see that Resolution on the agenda. Council Member Genco stated the way Council has been established; Council Members are non-partisan. Mayor Humpage agreed they are not republicans, democrats or independents. Council Member Genco sta.ted that is only one part of the issue, however, Mr. Dalack mentioned something about a Florida Statute. She indicated she would like to know more about it, as far as, whether or not the Council's policy of requiring approval by the Council to put something on the agenda complies with Florida Statutes. She stated she is interested in knowing that, because she feels that is the larger issue. She felt the Council policy .does not have the right to conflict with or override the F�orida Statute. � 10 Minutes - Village Council Regular Meeting Q3/09/06 Page 11 Council Member Genco indicated once she had that answer then she would know �s how she felt about placing the item on the agenda. She stated Council is a non- partisan platform, and subject to finding out whether any one of Councit could place a Resolution on the agenda, she would have to reserve her opinion. Attorney Hawkins stated he could not answer the question as to whether or not the policy would conflict with the Florida Statute. He suggested he would research the issue, and if it is determined that the policy does conflict then Council could place it on the agenda, and deal with it at the April Meeting. He sta.ted if the research concludes, and he will report it to the Village Manager, that the Village policy in compliance with the Statute then their action as of this evening would stand. Council Member Paterno agreed if that is what the State Statute is Council would need to put in on the agenda. Attorney Hawkins stated absolutely, and fhen Councii wonid address their views at that session. He noted Cauncil Member Genco's comments are well taken, but he is not sure of what the statute requires. He stated he did not think the Village conflicted, but he wouid look into it. Consensus of Council agreed to place the subject of Town Hall Meetings on the April agenda, and have Attorney Hawkins determine whether Council is in compliance with the State Statute; then give Mr. Dalack that information, and if the Village is in compliance, then it is the consensus to not place the itern on the agenda. Councii Member Genco noted it was her opinion to not place it on the agenda, mainly because of the non-partisan requirement. Cansensus of Council agreed. � - Mr. Joe Baker, resident of Fairview East and 30 year resident mentioned he had cancerns with Code Enforcement of items in people's yards, whether it be boats, trailers, or sheds, etc. He stated he had a code enforcement officer at his house the other day, and it appears in terms of height, how high can a boat or shed can be. He exp�ained the Code Enforcement Officer told him there was no definition on the height. He felt it had to be addressed somehow. Mayor Humpage asked if he was speaking about the height of the boat or shed, or the shielding of those items. Mr. Baker commented he was talking about if someone has a boat, shed or car that it needs to be shielded on three sides. He felt if it goes above the sYuelding it would be in violation. He asked what is the definition of how high that shielding ' is. He commented there are a number of boats in the Country Club, and he has had one over the years, and his has always been below the fence or in his garage. � He stated he has seen a number of boats over the years where they protrude quite a ways above the fence, or they are not covered at all. He indicated his neighbor has a boat that is shielded with a 5 foot fence, but the boat sticks up 10 or 12 feet, and is probably to big to launch at the community boat dock. He asked Council to advertise the meeting in the newspaper so the public could attend. Mayor Humpage indicated there has been discussion on this topic prior to this evening. He mentioned Council has not made any decisions, and hopefully the Village will . have workshops on the issue. 11 Minutes - Village Council Regular Meeting 03/09/06 Page 12 , Mayor Humpage explained the height for fencing is 6 feet. Ms. Catherine Harding, Community Development Director agreed the maximum height for fencing is 6 feet. Mayor Humpage pointed out Council is trying to address the � issue, and trying to make people happy, not angry. Cauncil Member Genco explained they have had the same issue brought up many times during the last year. She mentioned the Village is in the process of doing a draft ordinance to revise the code. She painted out the Village was looking for same citizens that were willing to give input on the preliminary draft. She mentianed Mr. Baker's point is being addressed, but may not be addressed as quickly as he wants. Police Chief Steve Allison commented the Police Department for many years interpreted the Ordinance the way Mr. Baker interpreted the ordinance. He noted they made a test case a few years back and the Special Master throw it out, and the ordinance was unenforceable as written far the tuna towers sticking out above 3 � the roof. He felt the ordinance needed to be fixed, and the intent was that the boat should not be seen with the screening. He stated the Special Master disagreed ; with the Police Departrnent. Counczl Member Genco stated the rule does not � specify what exactly it needs to specify. Vice Mayor Watkins explained the boat issue was one of Council's__ top priorities for a Worksnop. She noted Council wanted to make sure the notice went out so the public could participate. Council . Member Genco asked for the status of the workshop. Vice Mayor Watkins commented Council was waiting until Mr. Dalack was seated on Council, and � then set the date. She questioned whether it would be a good idea, since the boating issue is primarily focused on the Country Club, to have the Country Club come forward with ideas, and have their association get together. She felt that would help the Vitlage along. Mr. Baker mentioned the Tequesta. Country Ciub Association (TCCA) discussed it at their last meeting. He pointed out TCCA has a coinmittee member that has been appointed the liaison to the Viilage, and they aze going get with Staff regarding the issue. Mayor Humpage indicated the Village would be interested in getting a copy of the TCCA meeting rninutes. Council Member Genco asked if the Board's restrictions were more specific than the Viliage's rules: Mr. Bill Becchi, resident o£ Country Club Drive and TCCA Board member mentioned he was present as a resident and not representing the Board. He explained back in November there was a group of boaters before Council, and the majority of people at the meeting were boaters in the Country Club. He noted they were concerned about attending the workshops, and giving their input on what Council was going to do in tersns of changing the coae, or making the code more specifzc sv that everyone had a clear idea of what the rules were. He mentioned the TCCA Board did a survey, and the survey came back 50/50 across the board for the people that responded. He indicated only 46% responded. He explained the President of TCCA, Ms. Lori Rogers, who is also an attorney, felt that TCCA should not say one way or the other, nor form an opinion as a community to bring that opinion to Council. She felt that it could influence Council one way or the other. • 12 Minutes - Village Council Regular Meeting 03/09/06 Page 13 . Vice Mayor Watkins asked if the Board did not get a clear mandate. Mr. Becchi responded in th� �rmative, and indicated the Board toid the residents if they were interested in pursuing the issue, then � bring it to Council's attention. He stated there is no pleasing everyone, so the Board did not want to decide one way or the other. Council Member Genco asked how many people that live in the Tequesta Cauntry C1ub Association are members of TCCA. Mr. Becchi commented there are 598 homes, and the only way to know if they are members, are if they pay dues. He indicated about 70%, 362 have paid their dues and aze members. He commented people pay later in the year. Council Mezriber Genco mentioned when Council hears the apinions of the Association; she wanted to know approximately how many people TCCA represented . in the V illage. She thanked Mr. Beechi for the informafion. Vice Mayor �I+�atkins notEd back in November and December when Mr. Leslie and others attended the meetings, Gouncil assured them they would be notified of the Council rneetings to discuss the boat issue. Council Member Genco asked what the ranking was for the boat issue an the - Workshop schedule. Viliage Clerk Gwen Carlisle felt the boat zssue was ranked high, but would have to check Councii's list. Council Member Genco mentioned Council had planned to have this wvrkshop with Planning and Zoning Board, and if the workshop was one of Gouncil's top priority; she suggested have the Village Clerk go ahead and look at the calendar and schedule the meeting after Mr. Dalack has taken offiee, so that Council could have the workshop in April, instead of waiting another month. Mayor Humpage agreed, because there wauld be more � resic�ents present. He noted there are other areas besides the Country Club interested, so if they were to get into an ordinance change, Council would need to � consider everyvne. Consensus af Councid agreed to have the clerk schedule a Workshop afte� Apri113, 200b to discuss the boat issue. Mr. Beechi mentioned Council couid enforce boat restrictions on one side of the street, but not on the other side of the street. Council Mernber Genco indicated that is unincorporated Paim Beach County, and the Village cannot enforce their codes. She pointed out at a recent Council Meeting Commissioner Marcus agreed to provide the Viliage with funds to do Code Enforcement in those areas, and hopefully Council will be addressing that matter at a future meeting. She pointed out those areas are so far away from where the County has to come that they do not get the attention needed. She explained it was noted at the Joint Workshop in February, Councii wanted those areas to be enforced, and Commissioner Marcus offered the Village some funding to address the code enforcement in those pocket � areas. She stated she hoped that would be on our next Council Meeting agenda. Mayor Humpage pointed out the cades will not be the same in unincorporated Palm Beach County. He poinfed out if this occurs then the Village would only be able to enforee the County codes. - 13 Minutes - Village Council Regular Meeting 03/09/06 Page 14 Village Manager Couzzo advised Council that he had a meeting scheduled with CommissiQner Marcus this past Monday regarding this issue, and she needed to postpone it. He advised he would let Council know of the rescheduled meeting. Mr. Beechi noted the boaters that were present at the previous Council Meetings did not necessarily represent everyone in the Country Club; they represent their own interest as boat owners. Mayor Humpage indicated this issue was political and maybe the answer was to do a referendum, and let the entire community vote. Council Member Genco commented when the Viiiage does a zoning code change . the public has to vote for it when it is something significant like that. She stated this couid end up being significant. Attorney Hawkins stated the Village would have to change the zoning orctinance. Mayor Humpage felt a zoning change did not necessarily need to be done by referendum it could be changed by Council. Attorney Hawkins agreed, and noted it wouid have to go to a fzrst and second notice procedure. Mayor Hurnpage stated if this became a volatile issue or an issue of great interest Councii could make it a referendum item. He stated the majarity would rule. Mr. Becchi stated Mr. Doug Fuette, a former President of TCCA is the liaison to the Village. He commented he is also on the committee and would report back to the Board. He rnentioned the Association takes minutes and he could provide a copy to Councii once they were transcribed. Mayar Humpage commented everyone will be noticed, and it will be put on the Village website of the meeting date. Mr. Beechi questioned golf carts on the Country Club Drive bike path. Mayor Humpage stated that is another issue that Council discussed twa meetings ago, and will be addressed in the future. He stated the Police Department has the authority to enforce the State Statue, which is no golf carts are allowed on the pathway, or on public roads. He mentioned Council is trying to come up with an amiable solution, and that will be another workshop, VIII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER PATERNO Tequesta Drive Bridge - H� thanked Staff for the hard wark, and Council Members on the efficient and quick action regarding the Tequesta Drive Bridge. He rnentioned he was out at the bridge one day and spoke with the engineer, and the engineer said this was one of the fastest bridge repairs that he has ever done in 20 years. He stated being only 3 weeks from the day he got the job and start of the plans, to the completion date. Council Member Paterno felt everyone needed to be commended for the hard work. He stated also the residents are very happy that it has been reopened, so that they can go back and forth. Viliage Capital Projects - He indicated he was thrilled with the new projects coming up: Village Hall, Constitution Park, Linear Park, Cypress Drive, the Street Lighting Program along Tequesta. Drive, and the new well and chlorination system. He mentioned the new chlorination system is changing from gas chlorine 14 Minutes - Village Council Regular Meeting 03/09/06 Page 15 � to liquid, which would be safer for the community and the employees who work at the P1ant. � Public Works Department — He wanted to thank Assistant Village Manager and Director of Public Works Robert Garlo for doing a great job expanding the Public � Works Department. He mentioned between Mr. Garlo and Mr. Russell White, Public Services Manager they seem to be getting a lot accomplished with very few people. He felt they were dedicated and hard working empioyees, and the Viilage is very lucky to have these people. Vice Mayor Watkins agreed noting there are many good things going on in the Village. VICE MAYOR WATKINS � Educatian Forum Meeting/JTJB Chamber of Commerce — She mentzoned she attended the meeting this morning, and School Board Superintendent Art Johnson is calling for public and legislative awareness about the funding for Florida schools. She explained Florida Schools rank 45�` out of 50 states, per ��J-� r���� spending, and that she wanted everyone to be aware so to look for the information or cantact their state Iegislators. Council Member Genco asked if the School Board was for or against the voucher program that was recently proposed. Vice Mayor Watkins cornmented she could not speak for them, but would assume they were against it because it pulis funding away. Council Member Genco commented it would probably provide more funding for our public schools, if it did not go thraugh. Vice Mayor Watkins encouraged everyone to read up on it. COUNCIL MEMBER GENCO Public Safety Officers Pension Board of Trustees — She explained an issue has been brought to �he Board where the Board has been trying to work with Jupiter Inlet Colony to ailocate funds that are being paid with their Insurance premiums to the State. She explained a portion of the funds that are paid (when the city pays their insurance premiums) goes into state pools. She indicated part of that premium goes into a pocket that benefits firefighters and policemen. She pointed � out in this case Jupiter Inlet Colony is serviced by the Village's EMS program. She commented because of that the Village's firefigh�ers are entitled to receive that portion of the state insurance money. She stated if Jupiter Inlet CoZony would work with the Village, and adopt a resolution in support of that, then the monies that they are already paying, that are being kept by the Sta.te would come back to the Village's EMS department, and result in a pension benefit for our guys. She mentioned to some degree, because of the probiems between them and the Viliage, relating to mail service, and znaybe a few other things, they have done nothing to date. She indicated they received a copy of the resolution and a letter, and have been approached, and nothing has happened. She explained she was hoping the Village Councit would write a letter expiaining how this is not costing them anything. She pointed ouf they have already paid the monies, and it is simply putting the money back into a local pocket. 15 Minutes - Village Council Reguiar Meeting 03/09/06 Page 16 � Council Member Genco mentioned Pension Board Attorney Jensen had wri�ten � Jupiter Inlet Colony a very nice explanation of it. She asked if Council could send a letter to each of their Council Members, asking them to please endorse this at a Council Meeting. She felt that way they wvuld have more opportunity to move forward. - Mayor Humpage commented Council Member Genco had brought the information to Council about two months ago, and nothing has been done. Council Member Genco stated it has been longer than two months, probably five months ago. Mayor Humpage explained the Board Attorney sent the resolution to the Clerk at Jupiter Inlet Colony. Council Member Genco pointed out the Mayor and Clerk knows about the issue. She explained if Council could send a letter to each Counczl Member it would give them an opportunity to discuss as a group, and decide whether or not they want to put it on their agenda and vote to pass the resolution. She indicated the Village sent them a sample resolution so they do not need to spend any money clrafting the document, and the Board has an attorney's opinion explaining exactly what she has described to Council. She noted it would not cost them anything, and maybe if Cauncil sent them a letter the Viltage may be able to push this thing forward. Mayor Humpage agreed that was a great idea. Council Member Paterno questioned whether it would be in the best interest of the Village to have someone go to their meeting to represent the Village if needed. Council Member Genco stated the Village has offered and it has not gone anywhere. Mayor Humpage commented firstly, they need to accept the fact that the Village is interested, and maybe they would invite Council or Staff over there. Council Member Genco noted the Board has actuaily offered, contacted them and sent the information. She mentioned it has nat been a top priority for them, because of the election, or other matters. She indicated if this is not done by a certain time, the city could Iose the money for that year: She sta.ted the Public � Safery Board would like to start capturing that money, so the sooner �he better off the employees would be. Consensus of Council agreed to send a letter to each Council Member at Jupiter Inlet Colony. Village Manager Couzzo indicated he would take care of the matter. - MAYOR HUMPAGE Village Empioyees — He mentioned he was very pleased with Staff that has worked so hard with the Tequesta Drive Bridge issue. He indicated they did a great job, and went be�or�d the call and everyone pitched in. Publix Site Plan Update — He asked Village Manager Couzzo to give an update on the new Publix. Village Manager Couzzo mentioned Staff has been working with Publix for the last two weeks to finalize some issues. He explained Ms. Catherine Harding, Director of Community has been using some creative techniques to finalize the site. He stated it appears they wi11 be operiing on April 6, 2Q06. He explained at the end of the project they have a punch Iist of items to f nish up. 16 Minutes - Village Council Regular Meeting 03/09/06 Page 17 Village Manager Couzzo commented Publix before they get ready to stock the store and commit to it, four weeks before the project they want to make sure everything is done. He stated Sta.ff has made an arrangement with tne�n to ensure everything was done. He mentioned they worked it out with the Attorney to issue them a Certificate of Occupancy (CO) with a contingency to present a Cashiers , c�eck to bond the rest of the work in the amount of $75,000. Council Member Genco asked the status of the landscaping in the plaza. She mentioned they were supposed to be upgrading the landscaping and the center walkway with trees. Village Manager Couzzo indicated Ms. Harding is working with them on a daily basis. He explained Ms. Harding went so far to hire an inclependent Iandscape architect to ensure the quantity and the quality, and the character of the materials is what the Viliage wanted. _ Ms. Catherine Harding, Director of Cammunity Development mentioned they had an originaZ pian that was approved by the Planning and Zoning Advisory Board, ` and they did not comply witl� that fully, sa she hired an outside consultant to review t1�e work they had done from the original plan, and they were very cooperative and coming into compliance. She indicated Pubiix would give everything on the plan and more that was required of them. Council Member Genco explained she knew there was more landscaping on the approved plan, other then what they put in. Ms. Harding commented the Village was looking for 60% of na�ive plants, and they are complying with that. She mentioned she had issues with tl�em, but they were very good about it. She indicated the owner of the shopping center is totally coaperating with Staff, so she felt everything would be great when it was completed. Village Manager Couzzo znentioned Staff had the good fortune of going inside the facility the other day, and it is a rather unique looking store inside. He pointed out it is not the typical Publix layout, the bottom half looks Iike the other stores, but the top haif looks like a European Village setting. He noted it was huge, and would have eve�ything, everyone would want. IX. NEW BUSINESS 7. Council discussion and possible action regarding the Tequesta Drive - Bridge traffic and weight limits. 1Vlayor Humpage gave a brief synopsis of the Village accornplishments regarding the Tequesta Drive Bridge repairs. He mentioned many people called and were so pleased the bridge repairs were done quickly, so the bridge coul_d reopen. He commented one of the primary concerns Council has heard from the citizens was reopening the bridge to particular types of traffic, such as the school buses, to get the children to school earlier to prevent all the additional time. He commented that was the primary focus of the discussion this evening, noting everything was set to go, and the Village received another notice from the State earlier today; he commented they are using extreme � due diligence and having, everyone � � check out the bridge. 17 Minutes - Village Council Regular Meeting 03/09/06 Page 18 Village Manager Couzzo mentioned the Village completed its work on the � bridge Iast week, and what has happened is the Village has an engineering recommendation from Bridge Design Engineering Associates that put i together the pians far the repair .of the Bridge. He noted in that a recommendation, he is recommending the bridge weight limit not exceed � 25 tons. He mentioned the State, who also does bridge inspections, has contracted with a Tampa firm to do inspections, and they came out . yesterday to look at the bridge and start their analysis. He recommended to Assistant Manager Garlo that the Village get a preliminary report from them as to what they think should happen with the bridge. He mentioned Mr. Garlo spoke with them, and the Village has received a ietter regazding the discussion. Assistant Village Manager Robert Garlo mentioned he spoke with the engineer from Kisinger Campo and Associates (KSA} yesterday when he was doing the post-repair inspection that is required by Department of Transportation (DOT). He commented Council received the draft report * the engineer was sending to DOT. He summarized the process: the engineers data will be given to DOT, and DOT wiil take the data and do an analysis on it, and do a load rating based on the information. He stated DOT's requirement is to do the report within 45 days. He indicated the Village has been getting a lot of cooperation from the DOT, and could get the report much sooner. He mentioned in the absence of the completion of . the Ioad analysis, KSA's recommendation was to keep it, �in the current candition, at 5 tons and 15 miles an hour until the numbers are projected. He stressed also the engineer indicated to him that he would expect, based on the data, that the allowable load limit would be close to the �ngineers recommendation from Bridge Design Engineering Associates. . Council Member Genco asked if their recommendation after the repairs . was going to be to close to the 25 ton. Mr. Garlo responded in the affirmative. Village Manager Couzzo indicated he spoke with the bridge design engineer and advised him of KSA's report, and he was not ' surprised at their recommendation. Council Member Genco clarified that the DQT recommended the weight limit of 5 tons, and the speed limit of 15 mph should be left in place. Village Manager Couzzo stated that was correct, noting that he spoke with the Village Attorney, and the Village Attorney contacted the Council individually after receiving the engineering report late this afternoon. Attorney Hawkins pointed out since Gouncil is dealing with a public safety, health concern issue; he felt the Village needed to err on the side of caution. He recommended Council abide by the direction given in the report, to maintain the current limitations, untii they have further evidence in their files. 18 Minutes - Village Council Regular Meeting 03J09/06 Page 19 . Council Member Genco explained getting the letter was frightening to her, because the Village's engineering report may be valid, it possibly may not be with a real weight load bearing test, and 25 tons may not be the weight �- factor that the bridge can take. She stated in the mean time the Village has people violating the 5-ton. She asked if Staff could put out a flashing sign, or something. Village Manager Couzzo noted Staff was looking into that, and the police department has been aggressively enforcing it. He mentioned Police Chief Allison is out there personally doing it himself. He noted the Chief pulled over a bus and truck yesterday. Council Member Genco commented they are doing a great job, but she missed the signs, and she lives here, and others may not see the sign. She suggested something blinking would help. Consensus of Council agreed to a blinking sign. � Village Manager Couzzo explained the Village was not anticipating ' getting this letter from the engineers, and it kind of was a surprise. He stated he was co�dent that the Viiiage's engineering numbers are on the � conservative side. He explained the State (DOT) is going to come in a ! look, and will not commit until they have done their final analysis. Council Member Genco commented in preparation of having a higher weight limit then the 5 tons, would there be anyway to find out if the school buses could go to a smaller vehicle if the bridge goes to a I S ton weight limit. Village Manager Couzzo indicated Staff would check with the School Board and advise them of the bridge limitations and make recommendations. Council Member Genco indicated then they could start looking at whether or not they have buses, and da sorne rerouting, and if Council makes sotne changes they will be prepared to implement right away. Assistant Village Manager Garlo indicated Staff would talk to the School Board's traxisportation department. He pointed out he expects to have the final report from DOT with a load rating nnaybe within a week or two. Village Manager Couzzo agreed, and felt the Village should • encourage them and assist them in expediting the analysis. He noted at " Council direction if they wanted to have a Special Meeting to address the _ report. Vice Mayor Watkins commented the primary thing since the bridge re- opened was the calls that Council has received were in reference to the school buses. She mentioned she understands it is a terrible inconvenience, and it is time, and they have to go around and are on a schedule. She explained she was also surprised to get this letter late this aftemoon talking about leaving it at the 5-ton limit. She sta.ted in her opinion, she does not see the Village having a chaice, and if that is what DOT is recommending, that is what Council has to do. She suggested Council should be looking ahead, since they know the bridge will need to be addressed again, that the Village should be think'ing toward possibly 19 Minutes - Village Council Regular Meeting 03/09/06 Page 20 . budgeting a design for the new bridge, and Iooking forward to the next -� step down the road. Council Member Genco explained former Mayor porothy Campbell said the Tequesta Drive Bridge wa.s deeded over to the Village by the D�T at some point in the 1970's. She stated if the Viliage is going to build another bridge is it possible to look to DOT for helping us, because she would not want the Village to own it. She stated the Village needed to look at that, because the Village is responsible for all the maintenance. Village Manager Couzzo agreed the Village could look into it, but felt the DOT's position would be the same as the Viilage's; they would not want to own it. Council Member Genco commented they awn all the rest of the bridges. Village Manager Couzzo pointed out the County owns a lot of them. He stated the Staxe has to take monies out of their t� base to mainta.in the bridges, so the ones they can get off their Iist, they are going to try and do tl�at. Councii Member Genco agreed with Vice Mayor Watkins, that Council wouid prabably need to discuss at a warkshop in the - future. She stated because a Iot of the population that uses the bridge does not live in Tequesta; she felt the Village needed to Iook at some kind of joint consortium to do this and maintain the bridge. Attorney Hawkins stated he felt it was a regionat resource. Council Member Paterno felt it was a good idea to put up a flashing sign on the tonnage Iimit. He stated our own engineer said 25 tons, and the estimate is 5 to 7 years for usage of the bridge. Village Manager Couzzo _ j felt that estimate was based on the other spans that would then need to be ? replaced. He sta.ted there is another product that is revolutionary to extend the life of bridges. He mentioned there may be other options. Council Member Paterno noted at the same time in his engineering report, the one the Village hired, said going forward every year the Village may have to reduce the tonnage, because the bridge is going to get more wear and tear on it. He stated he woutd tike to keep the tonnage Iow in order to have some longevity to the bridge. He stated it would be very costly, and at the same time residents on both sides of the bridge like the Iower tonnage, because it has cut down considerably on the through traffic, and they felt their quality of life with the children was safer. Council Member Paterno stated in reference to enforcement of the bridge lirnits in the future there is a possibility of having cameras to record ticense plates of people going over to record tonnage. He suggested the Village cauld send the violators a letter and/or a ticket. He felt the Viliage shauld explore it, and some of the technology that is available now, as a _ community to make it safer for the bridge and our community. He felt this , would be a great opportunity for the Village. Village Manager Cauzzo commented in regard to the cameras he was going to submit a proposal to Council to do that. 20 Minutes - Village Council Regular.Meeting 03/09/06 Page 21 , Village Manager Couzzo mentioned Council Member Paterno was conect; the Village could issue tickets if the ordinances are set up correctly. He commented the technology is there, and the Village could look at child predators and feions that have outstaizding warrants, and match up license plates. He commented the Police Departrnent would do it automatically. Council Member Genca .commented she understood in the case of commercial vehicles, because they ha�e not actually seeri the person clriving the firuck the �7illage could not issue a ticket. She stated if they do not have a commercial ticense to be in the Viliage, the Police Department could issue some type of fine, or a warning if they see the truck again without th.e Iicense, or violating the tonnage. Village Manager Couzzo ; noted Staff will take a look at the legislation, and maybe there is a chance to modify it to some degree. He indicated Councii Member Genco was correct fhe Village could do that. Mayor Humpage asked the Chief how the cameras work. He asked if the camera photographs the vehicle and has the tag number could the Police Department cite the vehicle, do they have to know who the driver is. Police Chief Steve Altison stated they have had cases where the owner has been called to the scene, and they fired thern on the spot for violating , tonnage or speed limits. He coxnmented the Police Department has had a lot of cooperation from the commercial businesses. He felt sending a letter � that they were in vioiation would really help keep the route clear. Mayor Humpage clarified if he drove a truck over the bridge that is 10 tons, and the camera photographs the back side of the truck with the tag, can the Village of Tequesta write a ticket to that vehicle, or does the Police Department have to know the operator of the vehicle, and view the operator. Chief Allison stated unless the law has changed very recently, the Police Department would have to know who the operator is. Council Member Paterno asked how does the Turnpike do it when they send the $IOO.DO fine, and/or a parking ticket when they do not know who is in the car. He felt they gave it to the car, not necessarily the driver that parked it ther.e. Chief A1lison commented he would check into it, but noted the Village's transponders have failed and the police department gets the warnings back from the State. Mayor Humpage stated for example if someone goes through the Sun Pass lane and you do not have Sun Pass, they do not get the picture of the person driving, they get the vehicle. Council Member Genco indicated they send a warning. Council Mernber Paterno stated the first time they send a warning. Mayor Humpage asked if Staff could Iook into that. Chief Allison commented he would check it out. Council Member Genco stated if it is a commercial truck and it is not licensed to do business in the Village, the Police Department could get them from that side. Mayor Humpage agreed, and stated they may not have a permit, either. 21 Minutes - Village Council Regular Meeting 03/09/06 Page 22 Council Member Genco felt that was the whole point, if that is �Iie case, the Village •-should send them a letter . f ning them for vioiating our commercial code requiring them to pay the license fee, and a warning that if it happens again the police departrnent will do whatever they need to do. Village Manager Couzzo indicated he will give Council the information tamorrow regarding the cameras, and the police department is going to aggressively enfarce the weight limits. He felt it was a good suggestion, and Staff will try and have the flashing lights by the end of the day tomorrow. Mayor Humpage mentioned this Council meeting was to help the citizens, and the children using the school buses. He commented what he finds absolutely amazing after he got the letter; since he has kept every sheet of paper on this bridge since they started, all the State reports and looked at the dates; that the Village of Tequesta can attack a problem like this ; bridge, take the old one apart, ana replace it in 7 days. He noted the concrete chippers from the 5tate need 45 days to figu.re out if the bridge is any good. He stated he is absolutely astounded by that fact; he felt someone needed to build a f re under these State guys. He stated they need to get some resolution here, this Council is trying to do the right thing, and the Staff works hard, and while they were out in the barge Iooking around, it could take less then 45 days, but within 45 days, and Village replaced the entire l�ridge in 7 days: He stated this Councii would make every � effort, and this Staff, to pressure the State providing this information as soon as possible. He suggested if they would like to ca11 their State representatives and tell them, the public would like to have the information on this bridge, as soon as possible, so that the Village could da something for the school chilaren. Village Manager Couzzo mentioned State Representative Jae Negron has already been working ori the Village's behaif to try and get some funding to help offset the Village's costs to repair the bridge. He stated Staff will put a call into his office tomorrow, and he probably will be pleased to call the Secretary of the Department of Transportation. Mayor Humpage stated he agreed with Council, that they have to take public safety f rst, and foremost. He noted as the Attorney said, if Council was not to go along with the State recommendation, and use the Village's engineer opinion, and someone was injured the Village could be wide open for a lawsuit. He felt the Council does not have a lot of options. (Public Comments) Mr. Joe Baker, resident of Fairview East commented he has been told he is not allowed to take a car with a trailer behind it over the briage. He asked if that was still in place. Mayor Humpage stated 5- ton weigirt limit is in place. Mr. Baker asked if that is total weight. Mayor Humpage agreed. 22 Minutes - Viliage Council Regular Meeting 03/09/06 Page 23 Mr. Baker pointed out, the weight sigris on the bridge are inconsistent; the one on the west side says "5 ton", the one on the east side says "5 ton net". He exp�ained the difference is "net" is empty, and suggested the word "net" needed to be removed from the sign. Consensus of Council agreed. Mr. Basil Dalack, resident of Golfview Drive, and incoming Council Member asked if the 15 mph speed limit was still in effect. Mayor Humpage stated yes. Vice Mayor Watkins pointed out 5 tons; 15 miles per hour. Council Member Paterno pointed out the one thing that was addressed about the traiiers, he felt Council only allowed passenger vehicles 5 tons, no traiiers. He stated that was so the Police would have a little easier time at policing it, so if someone goes over with a truck and he is pulling a trailer, the police does not have to question whether it is over or not. He explained he thought Council had discussed no trailers at one time. Councii Member Genco commented she came over with an empty sea-doo trailer, and they wauld not Iet her over the bridge. She felt that the Village has to be reasonable about it, and felt the restriction was for cornrnezcial � trailers. She commented someone with a boat or sea-doo is not a problem. Mayor Huznpage stated the person with a backhoe, or babcat on the back of the lawn truck is a problem. Council Member Genco stated the officer did the right thing, because that is what Council's rule was, so she does not have any fault with it. She pointed out there needs to be some reasonableness to it. Council Member Paterno commented he understands, but for Chief Allison he needs some direction as to what it means. Council Member Genco stated it has to be reasonable, but if you have a passenger car, with an empty trailer that should be allowed. Council Member Paterno stated no commercial trucks. Council Member Genco agreed no commercial, but felt Council needed to allow the Police Department to have discretion on that. Mayor Humpage commented he felt the Police Departrnent was doing a great job. Council Member Genco agreed they are doing a phenomenal job. Mayor Humpage stated this afternoon he saw a lawn main�enance truck puliing a trailer with a bobcat on it, so he thought about turning around following it to see if it would have violated the rule. He mentioned the _ police department cannot be everywhere, and he felt they were doing a great job. Council Member Genco commented that is thraugh traffic; and through traffic is not suppose to be allowed. Mayor Humpage pointed out in the morning is when predominately that type of tra�c is crossing the bridge, when people are going to work and then coming home in the afternoon. He suggested maybe the police department could enforce those restrictions during the am and pm peak hours. . � 23 Minutes - Village Council Regular Meeting 03/09/06 Page 24 ., Vice Mayor Watkins cammented she did not rernember ihe discussion regarding personat vehicles pulling trailers, so is it allowed or not. Mayor � Humpage stated it is, but the police department will use their discretion. Couricil Member Genco pointed out Council had said no trailers. She pointed out apparently they were concerned with the closed trailers � coming through, attached to vehicles, which who knows what could have been there. She stated she did not have a probiem with giving the poiice officers some discretion to use common sense on some of those things. She mentioned when Council gave the police department the blanket order they enforced it completely, and totatly proper. She felt knowing the Viilage is going into a longer-term situation; maybe Council needs to give them a little discretion. - . Vice Mayor Watkins asked Chief Allison if that direction was clear to him. She commented she wanted to understand what the Chief �understood this to mean. Mr. Baker asked how they would establish the weight of a vehicle going over the bridge. He asked what happens when the Village has a 25-ton limit, are tkey going to go back and say tractar-trailer, and the Village not knowing what is inside the vehicle. Council Mernber Genco noted the problem is they do not have anything to weight it. Mr. Baker pointed out the police has scales they weight the vehicles. Mayor Humpage stated that could cost the Village a smali fortune to implement that. Chief Allison agreed the police department would exercise their � discretion. He noted they would concentrate on the commercial vehicles, the big landscape trailers. He stated he will have someone out there at the peak am and pm hvurs. He felt it does make sense to let some of the smaller Iightweight trailers cross the bridge. Council Member Genco noted Council did not allow any discretion before and did not see a problem with giving it to the police department. . Cauncil Member Paterno commented from the standpoint of through traffic when they are not going over the bridge, they are going by Council Member Genco's on Country Club Drive. He commented he is trying to address a through probiem, because when the police are out there working, it could be a small thing, but it is a commercial vehzcle going through, and there is a 5000 pound limit, so from a practically point, sometimes he has to just let them go, and the Village ends up back where they were a month ago with through traffic. He stated he is just trying to bring that out, and does not want the through traffic. Council Member Genco commented if someone has a couple of gallons of pool cleaner, they are servicing the Village, and the residents in the Country Club, Tequesta Point, or Bermuda Terrace, or whatever, those are not the people Councii is concerned with. She felt.if Council said no trailers, police have to enforce it that way. 24 Minutes - Village Council Regular Meeting 03/Q9/06 Page ZS Council Member Genco stated Council has not given them discretion; and suggested giving them the discretion to use their common sense when they are implementing this for the Village. Consensus of Council agreed to give the poiice department discretion to use their common sense when tl�ey are enforcing the restrictions. � 8. RESOLUTION 60-OSI06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the purchase of a 4000-gallon Fuel Tank from Glasgow Equipment Service, Inc., in the - amount of $55,186.�0. This purchase by the Public Works Deparhnent is part of the Viilage's Hurricane Preparedness Program. Cost to be funded by the existing Hurricane Wilma Reserve Contingency account #001-99Q- 599.902. Attorney Hawkins read for the record the title of Resolution 60-OS/06. Assistant Village Manager Robert Garlo mentioned the Village once again is in hurricane preparation. He stated one of the things the Viliage saw last year was a critical fuel shortage after Hurricane 'S�i�na. He indicated after reading the Village's Emergency Management Plan it is the res.ponsibiIity of Public Warks to ensure the availability of fuel during an emergency. He suggested Counci� consider the purchase of this fuel tank to be housed at . the Public Warks Facitity. He noted this would provide for both gas and diesel fuel for the Village during and after an event like last year. � � Councii Member Genco asked if that was the reason the tank was split. Mr. Garlo stated yes, and mentioned he spoke with Mr. Russell White, Public Services Manager and he has machinery over at the Water Plant that requires diesel fuel that is necessary during restorativn after a storm. He indicated the Village also ran into a problem getting Regular gasaline after the storm, so this would allow them to fuel up police cars. Mayor Humpage noted Iast year they used a plastic container on wheeis, which is considerably more dangerous. He mentioned thi� would keep the Palice and Fire trucks in fuel in the event we need thern. He commented this is " why the Village has this money in place to make our preparations. Vice Mayor Watkins nated we are very forlunate the Viliage is sma11 enough that Council is able to do this sart af thing, and provide for the citizens. She noted she was for anything that woutd help the Vitlage is this manner. Conncil Member Paterno asked if the Village was going to use this all year round, or just store for emergency purposes. Mr. Garlo stated the Public Works and Utility Departments would probably realize a cost ' savings in bulk fuel, if they use for the equipment continuously. He indicated whether they extend it to the entire fleet, he has not yet discussed that with the Village Manager, but they could look at that. 25 . . Minutes - Village Council Regular Meeting 03/09/06 � Page 26 Mayor Humpage commented with the shelf life they would want to keep the fuel moving, and with the bulk purchase the Village is going to save - money and dollars per gallon over the long haul. Mr. Garlo indicated public works and cititifiies would be using the fuel. Viilage Manager Couzzo noted they are going to try and provide it to the entire fleet. He . indicated the Village would be buying it directiy from the Port at a much better price. Council Member Paterno commented in reference to the $408,OOQ, it says the actuai cost to repair a.nd restoration is expected to be less than appropriated. He asked how much money would be left over, not spent, after this item. Mr. Garlo stated he did not have that exact number, only because all the repairs have not been completed. He noted he is confident with purchase they still will be able to do complete restoration and repairs and not exceed that $408,000.00: He mentioned a significant savings came from debris removal. Mayor Humpage commented it came in at $90,000.00 instead of $130,Q00.00. Mr. Garlo stated the original estimate was $155,000.00. MOTION Vice Ma or Watkins moved to a rove Resolution 60-OS/Q6• seconded b � Y Pp , Y � Council Member Paterno; motion passed 4-0. 9. RESOLUTION 61-Q5/06 — A Resolution of the Village Council of the Viltage of Tequesta, Palm Beach County, Florida, Awarding a Contract to Chaz Equipment Co, Inc: of Wellington, Florida, in the amount of $110,000.Q0 for the Rolling Hills Water Main Extension installation, having been budgeted FY 2005/2006 in Water Utility Fund #401 account #401-414-662.637 in the amount of $I10,000.00 and the RO Well 4 Pipeline installation in the amount of $298,000.00 having been bndgeted FY 2005/2006 account #401-414-662.641 in the amount of $327,500.00 and authorizing the Village Manager to execute the appticable contracts on behalf of the Village. Attorney Hawkins read for the record the title of Resolution b1-OS/06. Mayor Humpage passed the gavel to Vice Mayor Watkins, and stepped out of the room 9: 00 P.M. MOTION: Council Member Genco moved to approve Resolution 61-OS/06; seconded by Council Member Paterno. (i�ote to follow at end of discussion) Mr. Russell White, Public Services Manager mentioned this is two pipelines: 1) Rolling Hills loop, which the Village is doing to help the system hydraulically ir�crease pressure and flow to some of the northern areas of the system; and 2) RO Main is for th� new well the Village �s � drilling over by the Public Service Building. � 26 Minutes - Village Council Regular Meeting 03/09/06 Page 27 � Mr. White stated the Main needed to be installed before the well was � campleted, so they can develop the well. He mentioned the contractor that bid on the Rolling Hills loop gave the Village a good number on the water Main; then gave a good. number for the Change Order (CO) to do the RO Main. He commented if this item is approved, they would do the RO Main immediately, that way the Village would be sure to meet the tirneframes fnr the Well. Vice Mayor Watkins commented she knew it was a tight timeframe. Council Member Genco pointed out the $1 t 0,000.00 was something Council already addressed at a prior Council Meeting, because it had to do : with Rolling Hil1s, and they approved the water extension. She notec� the $298,245.00 was not something that Council addressed in the budget, because it did not really exist at that time of the budget. Mr. White commented that is correct. Council Member Genco explained if she added thase two numbers together that comes to $408,245.00. She stated she has some questions about the math, mostly abaut the $298,245.00 would be 1 coming out of a Capital Outlay Fund, which did not have this item budgeted. Mr. White explained they did pull money out of Reserves and appropriated it to that Fund. Village Manager Couzzo felt the money was approved, because Staff came to Council to discuss expanding the system and the grant money the Village was going to receive. Council Member Genco commented the $700,000 dollars, and then Mr. Bill Reese talked about he was not certain. She stated she remernbered they had some subsequent conversations about whether or not the Village would have to do the water extension. Village Manager Couzzo clarified the grant was approved for the extension of the pipirzg, and the new well. He indicated the Village accepted the grant and � appropriated the funds from the Capital account, because the money was in there. He noted this item was now addressing the contract, and it was a creative way of doing it; hitching on to the previous contract, so both of those contracts go together. He stated when they did this initi�ly they knew they were under incredible time constraints as far as getting this done, and being in accordance with the time of the grant.. He stressed they thought it would be advantageous to the Village, initially, and long termi to have this additional resource. He commented Staff has negotiated, as the Council approved, with the well driller, and i� came in less then what Council had authorized. He commented that well drilling contract has been executed and the well driller will be onsite next Friday. He stated it was kind of iike the bridge; stated he does not know why the Village always seems to find ourselves in these timeframes, but this has got to be done real fast. He pointed out the money was there. Council Member Genco agreed, to get the grant money the Village was proceeding with this; she understood and was not in disagreement with it. 27 Minutes - Viliage Council Regular Meeting 03/09/06 Page 28 Council Member Genco stated if Council was taking money out of the Capita.l Outiay Fund, which it appears they are taking out $327,000.00. Mr. White stated $327,000.00 was for the pipeline. Council �-�Mernber Genco felt the matl� was not working, because she was adding $110,Q04.00 to 298,245.Q0, and came up with $408,245.40. Mr. White . agreed, and noted $11 Q,000.00 was in the Capital Expansion Projects Fund. He stated the $110,000.00 and the $298,000.00 comes to the $408,Q00.00, but if you take the $32?,OOQ.40 and $110,00QA0 there would still be plenty of money in the budget. Council Member Genco commented the $32'7,500.00 rea.11y was not budgeted. Mr. White pointed out they re-appropriated the funds and amended the budget for the $327,000.00. Council Member Genco questioned why taking $408,245.00. _ Mr. White commented the funding was coming from two separate accounts: the amended budget that was appropriated, or money that had already been approved in the original budget. He mentioned the RO well money was appropriated and the budget was amended, Rolling Hills was budgeted for in the original budget. Council Member Genco stated she agreed tYiese two items were $408,245.QQ. Mr. White responded that is correct, and noted out of the $408,000.00, $110,000.00 is out of the Capital Expansion Projects Fund, that has a budget of $110,000.00. Council Member Genco pointed out that is line item 637, and line item � 641, is $327,SOO.QO. Mr. White stated that is where the $298,000.00 would come from. Council Member Genco asked what would happen with the rest of the money. Mr. White mentioned it says there, and if they do not use it and everything goes smoothly, they will not spend all of the $408,OOO.QO; it goes back into the Reserve. Council Member Genco stated that is what Staff needs to do; they need to transfer that money back into the Reserve. Mr. White pointed out when money is budgeted for something Iike thzs, as " soon as the project is completed that money will go back, but if something � h�ppens during this pipeline where they need a change order for $S,OOO.OQ - � or $10,000.00 Staff still has the money in there so they do not need to � come back to Council and re-appropriate more money. Council Meznber Genco commented the total remaining difference is $81,245.00, and that is a lot of money. Mayor Humpage indicated that maney would go back to Reserves. Mr. White stated when they budget they need to be cautious, because it is hard to budget for the future. Council Member Genco indicated she was ok with that, but as Council Member Paterno has pointed out to Cauncii before that once there is a line item that has a budget savings, that should automatically be transferred back into the Reserve fund. Mr. White stated . that is the case, as soon as the project has been completed, the .purchase � order is closed out and the money goes back to Reserves. . 28 Minutes - Village Council Regular Meeting Q3/09/06 Page 29 Mr. White noted it would not sit there for the rest of the year for Staff to � �� use it. Couricil Member Genco explained iY used to sit there and be clipped away. 1VIr. White stated when the purchase order was ciosed the money is gone, so it is no ionger there to spend. Council Member Genco commented this is Iarge item, because Council did not budget for it originally, and she wanted to make sure the money goes back. Vice Mayor Watkins asked if the Village is on the timeframe regarding the � grant. Village Manager Couzzo commented the timeframe with the grant is very aggressive, and they are pushing as hard as they can. He mentioned they have not cut ground yet, so they do not know what problems they are going to incur there. He indicated Staff is guardedly optimistic that they are going to meet the deadline. He mentioned hopefully the Village does not encounter a hurricane. Mayor Humpage returned to the room at 9:OS P.M. " Conncil Member Paterno mentioned he is conscious of that extra money, and as long as everyone understands it is to be automatically transferred back when the Purchase Order closes. He stated he would like that reflected in the minutes. Village Manager Couzzo stated it goes back, like the Tropic Vista project that was closed yesterday. Council Member J Genco stated Staff did a gzeat job. Council Member Paterno felt this was a 1 great project, and he has confidence that Mr. White will get it done, because he has got it thzs far. Vice Mayor Watkins returned the gavel to the Mayor, and stated they previously had a motion, and second. Motion passed 4-0. X. ANY OTHER MATTERS Vice Mayor Watkins commented Council was going to set the next workshop date. Village Manager Couzzo suggested the Village Clerk . contact Council to coordinate a workshop date. Mayor Humpage commented Council had set the warkshop priarities and suggested the Clerk give Council some dates. He noted the primary issues at this .time were the Boat Issue, then the golf cart issue. He commenteci these two issues should be addressed after incoming Council Member Dalack is seated. Consensus of Council agreed to have the Clerk arrange dates and coordinate schedules with Council and Mr. Dalack. Councii Member Paterno commented he had a few people tell him they were happy about the "No fishing on the Bridge:, especially the lady � whose son was caught with a hook going under the bridge. He mentioned the family feels more comforta.ble now going under the bridge. 29 Minutes - Village Council Regular Meeting 03/09/06 Page 30 . Council Member Paterno indicated others told him for safety sake, they thought is was prudent to restrict the fishing from the bridge. Mayor Humpage commented there was an incident in Delray Beach where a boy -- caught a fish off the bridge, and he was reeling it in and the line broke. The boy feel back and the truck ran over him because there was na back guardrail. Council Member Genco sta.ted ,she appreciated Council addressing that issue, because it was something they talked about many times at Councii Meetings. Vice Mayor Watkins mentioned she and her fellow Councii Members were looking forward to having Conncil Member Dalack join thsm. She stated it would be nice to have a full Cauncil again. A resident of Tequesta commented talking about people fishing from the bridge, he has seen people fishing on the rocks. Mayor Humpage noted he : `did not mind that as much, as long as they do not throw their lines in the water. Mayor Humpage indicated he has not seen anyone fishing lately. ; Council Member Genco asked if the police department had a hard time � enforcing the fishing restrictions. Police Chief Allison indicated there was , no problem. Ms. Beriy Nagy, resident of Shay Place asked if the notice for the Boat � workshop meeting was going be placed in the Smoke Signals. She mentioned this workshop would not only be for the people in homeowners associations, but for all Tequesta residents. She feit there were other people in the Viliage that had the right to give their input. Mayor Humpage agreed, but noted the timing of the Smoke Signals may not work out with the meetings, because it is a quarterly newsletter. He sta.ted they will get the message out to everyone in the Village, and they coutd do a dialogic message. Village Manager Couzzo stated Staff would do a small ad in the Jupiter Courier also. Ms. Nagy agreed, noting it is such an irnportant issue and everyane has the right to voice their opinions. . Mr. Joe Baker, resident of Fairview East thanked Council for the dialogic messages the residents have received. Council Member Genco commented the Police Chief brought forward that item to Council. Mr. Basil Dalack, resident of Golfview Drive and incoming Council Member asked if there was a public service section in the newspaper that will publish notices of ineetings. Mayor Humpage stated the Village does that. Mr. Dalack commented so the Village does not pay unnecessarily; he asked Conncil to consider any request by a Council Member to have an item placed on the agenda is a matter af discretion, he felt it has to be � placed. He sta.ted if you read any resolution, there is a place far a second to the. rnotion; there is an offer, then a second, and if no one seconds the , ' motion the resolution dies. 30 Minutes - Village Council Regular Meeting 03/09/06 Page 31 . Mr. Dataek stated if they do not like the item that is their privilege. In additian, he felt any meznber of the Village has the ri�t ask any member of the Council to propose a resolution or ordinance, or whatever. He commented if Council does not pay attention, he thinks they have that right. He felt when it comes to putting something on the agenda it is not discretianary whether it would be accepted or not. He comtnented it would save the wear and tear on the Iaw books, and on the Village's bank account. Council Member Genco explained they had discussed that originalty when Council developed the policy, but the Council decided to change it to what they are currently using. She stated at this point in time, . since Council is questioning that policy, either Council revises it as Mr. Daiack suggested, or if Council chooses not to revise it that way, which would have been following Roberts Ruies and adhere ta the policy Council established then they have no choice but to be assured that the Village is Iegally correct. Mayor Humpage commented he believed the previous policy was any Council Member can request something be put on the agenda, but then Council rescinded that and it had to be a consensus vf � Council to place something on the agenda. Mayor Humpage asked if Attorney Hawkins couid take a look at this. Village Manager Couzzo suggested another way would be to have Staff look into it, and if there were any questions, he would call Attamey Hawkins. He commented he would also review with Mr. Dalack. Mayor Humpage stated he wanted Council and Mr. Dalack to be comfortable with this, because everyone has to work together. Council Member ; Paterno asked for ciarification on the issue. Village Manager Couzzo ' commented Staff wouid take a look at the issue, and confer with the Attorney and see if it required any additional research on Mr. Hawkins part. He felt in his opinion the issue may remedy itself very quickly. He commented if there is a statute in place, they could read it and make an interpretation, and confer with the Attorney if a recommendation is needed. Cauncil Member Paterno summarized if the Statute and the Village's policy are conflicting Council would go with the Statute, but if the Village's policy does not conflict, then Council is staying with their policy. Consensus of Councii agreed. XI. ADJOURNMENT MOTION: Vice Mayor Watkins moved ta adjourn the Meeting; seconded by Council Member Genco; motion passed 4-0. Therefore the Meeting was adjourned at 9:15 P.M. � Gwen Caxlisle Village Clerk 31