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HomeMy WebLinkAboutMinutes_Regular_06/10/2004• VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING MINUTES JUNE 10, 2004 Call to Order and Roll Call The Tequesta Village Council held a Regularly Scheduled Village Council Meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, June 10, 2004. The meeting was called to order at 7:00 p.m. A roll call was taken by Mary Miles, Village Clerk. Council Members 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 Mary Miles, and Department Heads. II. Invocation and Pledge of Allegiance • Chaplin Paul Beresford gave the invocation, and led the pledge of allegiance to the flag. Mayor Watkins stated she wanted to send the Village's heartfelt sympathy to Nancy Reagan and a moment of silence was observed to honor former President Reagan. III. Approval of the Agenda Vice Mayor Genco requested Consent Item (I) be removed and Consent Agenda Item (J) (ii) be moved to V (c). MOTION: Vice Mayor Genco made a motion to approve the agenda as amended. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. Village Manager Couzzo requested the water items be delayed until the utility engineer arrived, and that conceptual discussion be held regarding providing raw water to Jupiter Hills Country Club at the end of the agenda. IV. Presentations and Proclamations • VII..LAGE COUNCIL MEETING MINUTES June 10, 2004 Page 2 A. RESOLUTION NO. 46-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, RECOGNIZING BETTY NAGY FOR HER MANY CONTRIBUTIONS TO THE COMMUNITY AND TO VILLAGE GOVERNMENT. Mayor Watkins read Resolution No. 46-03/04 by caption. MOTION: Vice Mayor Genco made a motion to approve Resolution No. 46-03/04. Council Member von Frank seconded the motion, which carried by unanimous 5-0 vote. Mayor Watkins read Resolution No. 46-03/04 in its entirety. Mrs. Nagy commented she began to attend Council meetings as soon as she moved to Tequesta and knew she had made enemies in the previous administration and some Council members, because she asked questions and asked for papers. Mrs. Nagy commented she had been brought up by a father who told his children never to take anything that did not belong to them and to stand up for their rights. Mrs. Nagy felt every resident should have a say in projects of the Village regardless of the area where they lived. Mrs. Nagy stated she was glad to see the present members of this administration and the current Council members were doing this. B. Presentation of Fire Mark to Council Member Russell J. von Frank. Fire Chief James Weinand reported approximately a year ago Council Member von Frank had initiated a Fire Mark Program in the Village. Production was now finished. The first solid bronze fire mark was presented to Council Member von Frank as initiator of the program. Residents could contact the Fire Department to order a fire mark and hopefully it would be on the Internet. Fire Chief Weinand provided a history of the fire mark, which started in the 1600's in London after the great fire of London. After that, the insurance companies produced fire marks, placed on buildings to show which insurance company insured that house. Fire brigades would get paid by the company for fighting the fire in that house. It was brought to the United States by Ben Franklin in the 1700's where this was initiated in the Fire Departments' contracts with insurance companies; so if a Department responded to a fire and the building had a different fire mark, they would stand back and wait for another Fire Department which had that contract to respond. Sometimes a reward of $50 was given by a company to go ahead and fight the fire, which was a great deal of money in the • 1700's; sometimes this initiated fist fights between fire companies in the streets VII.,LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 3 Chief Weinand announced fire marks would be sold for $65 each, and recommended using the money to fund the Public Safety memorial. Council member von Frank reported Randall Murray had sent articles to various newspapers and he had received many phone calls regarding what he planned to do with the proceeds. Council member von Frank explained that he would like the money to be used to provide items to the Fire Department as a living contribution and not a memorial. It was clarified that Council member von Frank wished the funds to accrue for items the Fire employees would like for their living quarters. Village Manager indicated an account would be established for the funds. Council member Von Frank was congratulated by other members of the Village Council for establishing this program. V. Unfinished Business A. ORDINANCE NO. 589-SECOND READING-AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE VILLAGE OF TEQUESTA, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVH)ING A • PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Village Attorney Hawkins read Ordinance No. 589 by caption. MOTION: Vice Mayor Genco moved approval of Ordinance No. 589 on second reading by title only. Council member Resnik seconded the motion. There were no comments by the Council or the public. Motion carried by unanimous 5-0 vote. B. RESOLUTION N0.47-03/04 -deferred until arrival of utility engineer. C. Report and Recommendations of the Village Memorial made by the Ad Hoc Committee for Village of Tequesta Memorial. Council Member Edward D. Resnik introduced two members of the Memorial Committee, Former Mayor Elizabeth Schauer and Former Mayor Carlton Stoddard. Former Mayor Carl Hansen was also a member but had been unable to attend, and had provided a memo expressing his appreciation for being on the committee and requesting support for the proposed memorial. Assistant Village Manager Bob Garlo had been the liaison for this committee from the Village Manager's office. Council • Member Resnik read aloud the committee's report, signed by all members of the VILLAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 4 committee. Council Member Resnik provided background regarding this project, which began with Resolution 62-01/02 in July 2002, approving the Public Safety Memorial to be located at the new Public Safety Facility. Both Council member Resnik and Council member Humpage had sponsored events to provide donations to provide that memorial, resulting in donations to date totaling approximately $18,400. In January 2004 Council member Resnik reported he went to the Village Manager and inquired what was being done regarding the Public Safety Memorial, and the Village Manager proposed at that time that the Village might be better served if the concept were expanded to a Village of Tequesta memorial. Council member Resnik agreed to ask former Mayors to join him in looking at a concept, design, operational aspects, and reporting these. Former Mayors Liz Schauer, Carl Hansen, and Carlton Stoddard agreed to serve on the committee. The Village Council had approved that concept in January, 2004, by consensus. The committee secured the support of Mr. Fred Menor, President of Lake Worth Monument Company, to provide guidance in development of this memorial, and unanimously supported the design he had provided after talking with the committee. Prior to the May Village Council meeting, Council member Humpage had expressed concern that the two memorials-Public Safety and the Village--had been combined into one, when donations were to be used for Public Safety and public funds for the Village memorial. The committee had • agreed he was right, and the two had been separated. Donations would fund the Public Safety memorial and public funds would be requested for the Village memorial. This was presented to the Village Council at their May meeting, and they gave unanimous consensus for separation and continuation of the development of the committee's proposed plan. At approximately that time, Village Manager Couzzo indicated he intended to incorporate the construction of a Village Memorial as part of the overall Village Hall project. The committee unanimously agreed, and developed proposed policies and procedures for operation of the Village Memorial, which included names which may be inscribed, who may request a name, procedures for requesting a name, methods of payment, honorary inscriptions, procedures for managing applications and payment, methods of financing sustained operation, and maintenance of the memorial. These items were all included in the report, which also detailed a proposed memorial, including a sketch provided by Mr. Menor. Council member Resnik described the proposed memorial. The centerpiece would be a bronze bust of a Tequesta Indian, which would need to be procured separately. Council member Resnik recommended the report be provided to the Village Manager for his use in developing the plan for the campus for the Village Hall. An article would be published in Smoke Signals to provide information to the public. Former Mayor Carlton Stoddard expressed thanks for the idea of a Tequesta Memorial, and suggested the inscription be the 23rd Psalm. Mr. Stoddard suggested the seats be made from pink granite left from the old Village Hall. Mr. Stoddard sang Rock of Ages, commented this memorial could be Tequesta's Rock of Ages, and VILLAGE COUNCIL MEETING MINUTES June 10, 2004 Page 5 stated this was the Village Council's chance to create something everlastingly beautiful in memory of hundreds of Tequesta angels in heaven, including his departed wife. Former Mayor Schauer requested the Council's support. Council member Resnik reported that Former Mayor Carl Hansen also recommended support. Mayor Watkins thanked the committee and called for Council discussion. Vice Mayor Genco commented she liked the concept but at this time there was not a final site plan for the new Village Hall and she had pulled Consent Agenda Item (J) (ii) to be moved to this point to recommend approving the concept and looking toward getting the building design to see how and where this concept could be incorporated, because it might need to change, and it could cost $100,000. Vice Chair Genco commented she would love the Committee to provide advice to the architect in developing that. Village Manager Couzzo reported he had already had preliminary conversations with the architect to look for ways to situate this on the site and it appeared that this might be a one-time chance to obtain the bronze sculpture of the Village logo for the cost of $2,600.00, or it could cost as much as $9,000-$10,000. The concept design drawings would be for the memorial itself and were very reasonable. Vice Mayor Genco recommended waiting for the building layout to see how the memorial would fit. Village Manager Couzzo commented it would only be a few months before the drawings would be ready. Council member Humpage agreed with purchasing the • bonze sculpture at this time and waiting for the drawings since the Council had discussed getting the public involved with what they would like to see. Council member Resnik commented the $900 for the drawings was because the owner of Lake Worth Monument who had provided the concept was concerned about if he did not get the contract, and it would be very helpful to the Village Manager to have it to work with in incorporating it into the Village Hall campus plans. Council member Resnik reported the total cost quoted for the entire memorial by the individual who provided the concept was less than $40,000; that Claudette Dalak had volunteered to provide consultation to the Village Manager and the designers for landscaping to surround the memorial; and he saw no reason to delay getting the concept drawings, since it would not impede development of the campus for the Village Hall in any way. Vice Mayor Genco objected and expressed her opinion that although she liked the design, it should wait for the Village Hall campus layout to see how it could be incorporated. Former Mayor Schauer advised the Vice Mayor that the committee did not state where they wanted the memorial, but had left the location up to the architect, and the committee would like the Council to approve the cost for the design concept drawings because that cost could go up. Discussion ensued. The Vice Mayor commented that would be promissory, she liked the design, but it might have to change a little to fit in with something else. Council member von Frank agreed with approving the bronze sculpture. Village Manager Couzzo explained this was before the Council in order to compensate Mr. Menor for his conceptual design. Vice Mayor Genco suggested placing Mr. Menor on retainer. Mayor Watkins commented • the Council was happy with the design and requested as much support as possible VII.LAGE COUNCIL MEETING MINUTES June 10, 2004 Page 6 without committing to Mr. Menor, but agreed with placing him on retainer. Village Manager Couzzo advised he would invite Mr. Menor to attend the weekly meetings with the architect to provide his input. Council member Resnik recommended the Village Manager decide when he needed the design. Village Manager Couzzo indicated he had direction and drawings would be provided as this advanced. Mr. Berthoff, 415 North Cypress, recalled the initiation of the ad hoc committee to come up with something to accommodate the money for a Public Safety memorial and commented he was amazed to now hear there was a concept that might cost $100,000 when the initial thought was it would be paid for with donations. Mayor Watkins commented there were two different things going on here. Mr. Berthoff commented a Tequesta memorial was never envisioned when this process started, and now discussion was about spending $40,000 to $100,000 on something that was never envisioned. Mr. Berthoff commented he wanted to make sure everyone had thought through what they really wanted to do. Mr. Berthoff commented, one other thought, the Village must be very careful about what was put on the memorial as to anything religious since it was to be publically funded. Village Manager Couzzo explained that the religious content had been forwarded to the Village Attorney for consideration and explained the evolution of the concept, and with the separation of the two memorials he and the Fire Chief and the Police Chief were discussing what would be an appropriate memorial for Public Safety. VI. CONSENT AGENDA Mayor Watkins called for consideration of Consent Agenda Item I, which had been pulled by Vice Mayor Genco. Vice Mayor Genco commented that about a year and a half to two years ago, one of the things she was looking for was a personnel policy manual. There had been one that was a little sketchy, but now there was one which was very comprehensive. She had reviewed the new manual with Mr. Garlo that day and had made a couple of suggestions for changes, and she was very happy with it. One thing she had found that was dearly needed in this Village which was now in the personnel policy manual was a policy that addressed harassment. Vice Mayor Genco commented she believed there had been some issues very recently where a policy like this could have been used to avoid some of the issues that happened. Vice Mayor Genco commented that the policy also addresses intimidation of employees and how at certain times there would be employees afraid to speak up because of their jobs being threatened or them feeling intimidated by a supervisor or fear of retaliation, and she wanted to make it known that this Council member had an open door policy and if any member of the Village-although she did not want employees calling her if they had a spat with one • of their office mates-if they had an issue where they felt they could not talk to the VILLAGE COUNCIL MEETING MINUTES June 10, 2004 Page 7 Village Manager, because there was really nobody else that can supervise the Village Manager, or if they feel they cannot talk to a Department Head because of fear of some type of retaliation issue, she had an open door. If anybody were to tell her that they were told their job was in jeopardy because of someone in a superior position threatening that, she would perceive that very strongly and prejudicially at whoever it was that was the messenger. Vice Mayor Genco stated she hoped the rest of the Council felt the same way on that. Council Member Resnik commented looking at the policy from the viewpoint of a user-friendly, concise document that provided information that was easy to understand by a layman, it was very well done, and he was not going to comment on the content since that was the Village Manager's responsibility. MOTION: Council member Humpage made a motion to approve the consent agenda. Council member Resnik seconded the motion, which carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: A. Regular Village Council Meeting Minutes of May 13, 2004. • B. Tequesta General Employees' Pension Trust Fund Board of Trustees Meetin g Minutes of February 10, 2004. C. Tequesta General Employees' Pension Trust Fund Board of Trustees Meeting Minutes of February 19, 2004. D. Tequesta Public Safety Officers' Pension Trust Fund Board of Trustees Meeting Minutes of February 10, 2004. E. Minutes of Joint Meeting of Tequesta General Employees' Pension Trust Fund Board of Trustees and Tequesta Public Safety Officers' Pension Trust Fund Board of Trustees held March 2, 2004. F. Minutes of Joint Meeting of Tequesta General Employees' Pension Trust Fund Board of Trustees and Tequesta Public Safety Officers' Pension Trust Fund Board of Trustees held Apri121, 2004. G. Tequesta Memorial Committee Meeting Minutes of Apri129, 2004. H. Minutes of Special Master Hearing of Apri122, 2004. • I. Ratification of New Personnel Policy Manual. VII,LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 8 Ratification of recent contracts pursuant to Village Charter Section 3.03 (9). i. Professional Engineering Services for Chlorine Modification Options with Arcadis, Reese, Macon, and Associations. ii. Lake Worth Monument Co., Inc. Work Order Agreement to provide specifications and sculpture for the Granite Tequesta Memorial. VII. COMMUNICATIONS FROM CITIZENS John Dwyer, 27 Golfview Drive, requested the Village Council include funding for road improvements in the 2005 budget for the corners of El Porto and Golfview Drive, and Golfview Drive and River Drive. Mr. Dwyer commented he had a set of plans which he would turn over to the Association president the next day to give to the Village Manager. Robin Neandross, 19 Bayview Road, President of Bayview Terrace Homeowners Association, stated she was representing Bayview Terrace and Shady Lane communities to clear up misconceptions that had evolved from the last meeting. Ms. Neandross reported in 2001 former Councilperson Sharon Walker had approached their association about purchasing the property owned by Bayview Terrace and Shady Lane homeowners, to make it into a passive park. Ms. Neandross provided four pages of communications that took place at that time. Because public parking was required, the idea was rejected by the homeowners. The communities were now trying to beautify the area, and the request now was for the Village to sod the area over their easements or to waive the water connection fee of $2,252, to allow the communities to stay within their budget for this project. Vice Mayor Genco asked if the parking issues could be worked out if a passive park could still be considered. Discussion ensued. Ms. Neandross indicated the homeowners would have to be consulted since they had ownership to this property, which increased their homes' property values. It was left to the Village Manager to contact Ms. Neandross to decide what could be done. VIII. COMMUNICATIONS FROM COUNCIL Council member von Frank thanked Mr. Murray for a super job in helping with the fire mark and getting it off the ground. Mayor Watkins commented she hoped the entire council had received a copy of minutes that Roger Buckwalter had provided her, and advised that he was trying to get something started for arts and culture. Since others did not have a copy, Mayor Watkins commented • she would postpone discussion. VII,LAGE COUNCIL MEETING MINUTES June 10, 2004 Page 9 IX. NEW BUSINESS A. RESOLUTION NO. 44-03/04-A RESOLUTION OF THE VILLAGE OF TEQUESTA VILLAGE COUNCIL OF PALM BEACH COUNTY, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM FIRE RESCUE LEVEL OF SERVICE STANDARDS. Attorney Hawkins read Resolution No. 44-03/04 by title only. MOTION: Council member Humpage made a motion to approve Resolution No. 44- 03/04. Council member von Frank seconded the motion. During discussion of the motion, Fire Chief Weinand explained approval would commit to complying with the proposed Palm Beach County minimum level of service. Motion carried by unanimous 5-0 vote. B. RESOLUTION NO. 45-03/04-A RESOLUTION OF THE VILLAGE COUNCII. OF THE VILLAGE OF TEQUESTA, PALM BEACH . COUNTY, FLORIDA, ADOPTING THE JUNE 2004 EMERGENCY MANAGEMENT PLAN FOR THE VILLAGE OF TEQUESTA, PROVIDING FOR THE CONTINUITY OF GOVERNMENT, ESTABLISHING RESPONSIBILITIES FOR THE VARIOUS DEPARTMENT AND OPERATIONAL POLICIES WHEN DEALING WITH DISASTERS. Village Attorney Hawkins read Resolution No. 45-03/04 by caption. MOTION: Council member von Frank made a motion to approve Resolution No. 45- 03/04. Council member Humpage seconded the motion. During discussion of the motion, Fire Chief Weinand explained this was a revised comprehensive emergency plan with updated procedures, which was in compliance with State Statutes and with Palm Beach County Emergency Management Plan, and that this plan would expand. The first 78 pages were the basic plan, appendices were hurricane plan, evacuation procedures, search and rescue operations, slosh model, and emergency operations setup. Council member von Frank questioned if the chlorine stored in the RO plant was a possible hazard. Chief Weinand responded there were contingency plans. Council member Humpage asked if there was a plan for the propane gas storage tank on Old Dixie Highway, to which Chief Weinand responded • that tank was in the county and was a potential problem. Council member VII.LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 10 Humpage volunteered to write Commissioner Marcus. Village Manager Couzzo advised that could be taken care of interdepartmentally and a report given to the Council regarding the county's emergency plan. Mayor Watkins thanked Chief Weinand for his work on the manual. The vote on the motion carried 5-0. C. PUBLIC HEARING ON THE PURCHASE OF WATER DISTRIBUTION INFRASTRUCTURE FROM JUPITER MARTIN WATER ASSOCIATES WITH THE CONTINGENCY OF A BULK WATER SALE AGREEMENT TO THE TOWN OF JUPITER ISLAND, AND DETERMINATION IF THE SALE IS IN THE PUBLIC INTEREST. Mayor Watkins declared the public hearing open. Village Manager Couzzo announced this purchase would be handled by Village Attorney Scott Hawkins and Utility Rate Consultant Rob Ori with Public Resources Management Group. Attorney Hawkins explained the Council had received a report from Robert Ori addressing the acquisition, and this statutory procedure would address a number of things that had to be shown as a predicate for the acquisition of the Jupiter Martin Water Associates facility. Mr. Ori presented the report in compliance with • the Statutes. Eleven items required by the Statute were addressed. This was a water distribution system only, and the Village was buying a small facility in Rolling Hills, and simultaneously the facility in Jupiter Island would be purchased by the Town of Jupiter Island. The first three items that had to be considered were income and debt statements, balance sheets, and rate base. The fourth item dealt with the condition of the facilities, which had been inspected and found to be of good average physical condition. Reasonableness of the terms and purchase price was addressed. Mr. Ori had done a comparable sales analysis, and found the price reasonable. Impacts to the purchase were discussed. One alternative to purchase was not to purchase, but the present contract was coming due and there was no guarantee it would continue. No purchase would potentially stop the purchase. Uncertainty was an issue. The only possible buyers were the Town of Jupiter Island who had indicated they did not want to service this area, and Florida Government Utility Authority which would probably not want such a small facility with no growth. The statement of quality of service was the ability of the Village to maintain high quality, which they had done for years. Mr. Ori concluded the purchase was in the public interest and the Village had the experience and financial ability to provide high quality to these customers. During comments from the public, Tom Paterno asked how long it would take for the Village to get their money back, to which the response was approximately 4 years. There would be no additional employees needed. Council member Humpage noted these customers were being preserved by this purchase. Joann r~ U VII..LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 11 Manganiello asked if any infrastructure changes were needed, to which the response was no, but as time went on meters would need to be changed, etc. MOTION: Council member Humpage made a motion to approve the purchase of water distribution infrastructure from Jupiter Martin Water Associates with the contingency of a bulk water sale agreement to the Town of Jupiter Island with determination that the sale is in the public interest. Council member Resnik seconded the motion, which carried by unanimous 5-0 vote. C. RESOLUTION NO. 48-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE EXECUTION OF A THREE PARTY UTILITY TRANSFER AGREEMENT AMONG THE VILLAGE OF TEQUESTA, THE TOWN OF JUPITER ISLAND, AND JUPITER MARTIN WATER ASSOCIATES, INC., IS IN THE PUBLIC INTEREST; AND SETTING FORTH A STATEMENT SHOWING SAME; APPROVING A BULK WATER SERVICE AGREEMENT WITH THE TOWN OF JUPITER ISLAND; AUTHORIZING THE APPROPRIATE • VILLAGE OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS IN CONNECTION WITH THESE TRANSACTIONS, AND PROVIDING AN EFFECTIVE DATE. Attorney Hawkins read Resolution 48-03/04 by caption. MOTION: Council member von Frank made a motion to approve Resolution 48-03/04. Council member Humpage seconded the motion. Village Manager Couzzo introduced Tom Jensen, Utility Engineer, Attorney Scott Hawkins, and Harry Schafer, President of the Jupiter Martin Water Association, who had worked on this transaction. The Village Manager provided a summary of events leading to this utility transfer agreement. Mr. Ori indicated the bulk water service agreement with Jupiter Island which would be extended to the year 2012 was presently valued at $350,000 but total growth revenues would make it approximately $500,000. Harry Schafer described events leading to the agreement, with which he believed everyone was happy. Village Manager Couzzo clarified there were two purchases-Rolling Hills by the Village, and Jupiter Island would purchase the infrastructure and customer base on the island, but Tequesta would continue to provide the bulk water for an extended period of time. All parties involved were thanked. Tom Paterno asked if the new homes in Martin County would be customers. • Village Manager indicated that would be discussed under the next agenda VII.LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 12 item, and the goal was to make the utility enterprise healthier over time. Council member Humpage thanked everyone and expressed appreciation for all the hard work. Village Manager Couzzo indicated closing was anticipated June 24 . The vote on the motion was 5-0. Agenda Items D, E. and F were delayed for the arrival of Engineer Bill Reese. G. Discuss workshop date(s) for Fiscal Year 2004/2005 Village of Tequesta Budget. August 16, 2004 at 10:00 a.m. was set for a Budget Workshop, and a Tentative Workshop if needed on August 30~'. The Village Clerk explained the TRIM laws were very strict, and it would be determined later if the first public hearing on the budget could be held September 9 with the Council meeting. The second public hearing would be set approximately two weeks after the first public hearing. It was decided to not to wait for Mr. Reese but to next hear Agenda Item V • B. V. B. RESOLUTION NO. 47-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MARTIN COUNTY RELATING TO THE CONSTRUCTION OF WATER DISTRIBUTION FACILITIES IN THE TROPIC VISTA MUNICIPAL SERVICE BENEFIT UNIT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE. Village Attorney Hawkins read Resolution No. 47-03/04 by title only. MOTION• Vice Mayor Genco made a motion to approve Resolution No. 47-03/04. Council member Humpage seconded the motion. Village Manager Couzzo explained the residents of Tropic Vista had expressed interest in the Village providing their water, and meetings had begun approximately a year ago. This would provide approximately 108 Martin County residents with water from the Village. Village Manager Couzzo explained this was the mechanism for the Interlocal agreement to go forward. Attorney Hawkins indicated the Interlocal agreement set forth a substantial intergovernmental coordination effort between Tequesta and Martin County calling for installation of potable • water distribution facilities to provide potable water to 108 homes in Tropic VII.,LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 13 Vista. Since their wells were failing, this was a public health issue, and an opportunity for Tequesta to increase capacity. The funding mechanism was complicated-Tequesta would make a substantial contribution, and the individual homeowners would finance this system via tag assessments. With approval tonight of the Interlocal agreement, this would go before Martin County in August for approval. Mr. Ori clarified this expansion was in the Village's best interests to provide an additional revenue stream. This would set a template for two other areas by establishing a good relationship with Martin County. Mr. Ori publicly thanked Martin County for helping bring this together. Engineer Tom Jensen reported work had gone back more than two years on this, and other areas had also been identified not only in Martin County but in Palm Beach County. Finance Director JoAnn Forsythe explained financing would be through a loan with Bank of America fora 20- year term with no prepayment penalty, to allow people on an annual basis to decide if they could pay off the assessment. Martin County assessors would assess and the amounts would go on the tag bills as anon-ad-valorem tag, with a 2% charge for collection; the money would be forwarded to the Village and the Village would pay the debt service. The financing details and advantages to the Village were discussed by the Village Manager. Mayor Watkins commended everyone involved. Council member von Frank commented Mr. Couzzo should be recognized with a stipend or bonus. The motion carried by unanimous 5-0 vote. The next item to be considered on the agenda was 1X D: IX. D. RESOLUTION N0.49-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO INTERCOUNTY ENGINEERING, INC., OF POMPANO BEACH, FLORIDA, IN THE AMOUNT OF $377,502.00, FOR THE INSTALLATION OF THE WATER MAIN IN THE TROPIC VISTA SUBDIVISION WITH FUNDING COMING FROM A SPECIAL ASSESSMENT BY MARTIN COUNTY AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. Attorney Hawkins read Resolution No. 49-03/04 by caption. MOTION: Council member Humpage made a motion to approve Resolution No. 49- 03/04. Council member von Frank seconded the motion. Village Manage • Couzzo requested the resolution be amended to add additional language to VILLAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 14 say the award would be contingent on Martin County executing the Interlocal agreement with Tequesta, and the assessment resolution. Council member Humpage amended the motion as stated by the Village Manager, which was seconded by Council member von Frank. Motion carried by unanimous 5-0 vote. E. RESOLUTION NO. 50-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A FUNDING AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT AWS FUNDING PROGRAM, AWARDING THE VILLAGE OF TEQUESTA $100,000.00 OF FUNDING FOR WELL CONSTRUCTION AND ASSOCIATED REVERSE OSMOSIS RAW WATER MAIN EXTENSION, TO BE APPROPRIATED INTO THE FY 2004 BUDGET ACCOUNT #401-414- 662.636, RAW WATER MAIN CONSTRUCTION. Attorney Hawkins read Resolution No. 50-03/04 by caption. MOTION: • Council member Humpage made a motion to approve Resolution No. 50- 03/04. Council member von Frank seconded the motion. Village Manager Couzzo explained that last year the Village had submitted a grant request for alternate water source funding, and this was for the piping that would come from the new Village Hall area, go east down Tequesta Drive, go up Dixie into the water plant. The motion carried by unanimous 5-0 vote. F. RESOLUTION NO.51-03/04-A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO B&B UNDERGROUND CONSTRUCTION, INC., OF INDIANTOWN, FLORIDA, IN THE AMOUNT OF $529,596.00, FOR THE INSTALLATION OF THE RAW WATER MAIN TO BE FUNDED IN THE FOLLOWING MANNER: A. $495,000.00 IS CURRENTLY BUDGETED IN THE FY 2004 BUDGET ACCOUNT #401-414-662.636, RAW WATER MAIN CONSTRUCTION. B. $49,500.00 IS TO BE APPROPRIATED FROM FUND BALANCE IN THE CAPITAL IMPROVEMENT FUND ACCOUNT #301-210-663.652 PATHWAY • IMPROVEMENTS. VII,LAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 15 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL AND TO APPROVE A CHANGE ORDER IN AN AMOUNT EQUAL OR LESSER THAN $25,000.00 FOR STREET LIGHT CONDUIT. Village Attorney Hawkins read Resolution No. 51-03/04 by caption. MOTION: Council member von Frank made a motion to approve Resolution No. 51- 03/04. Council member Humpage seconded the motion. Village Manager Couzzo explained that this was the actual construction bid to do the work to install the piping. The engineers had indicated this was a good contractor. Manager Couzzo explained the grant money would go towards this so it would go into the water fund. The $49,500 was for a sidewalk in front of Blair House and that money would come out of the general fund. This work would be done while everything was dug up and conduit for lighting anticipated to cost $12,000-$13,000 would also be done at the same time. The motion carried by unanimous 5-0 vote. X. ANY OTHER MATTERS Tropic Vista Attorney Hawkins indicated he would like a motion approving the second document in the Tropic Vista package, which was the proposed initial assessment resolution that Martin County would be formally adopting. Attorney Hawking explained that he was not sure the Village Council needed to approve it, but he wanted it done so there could never be any question. Attorney Hawkins explained that this was what Martin County would pass to implement assessment mechanisms. MOTION: Council member Humpage made a motion approving the consent of the Village Council for the Martin County Commissioners to approve the terms of the proposed intital assessment resolution, the second document in the Tropic Vista package. Council member von Frank seconded the motion, which carried by unanimous 5-0 vote. Vice Mayor Genco questioned the area the Village serviced; the Village Manager explained that Jupiter Island was not going west. Village Manager Couzzo commented on finance concerns with Tropic Vista, advising the • Village had been given a rate by the bank of 4.85%, and what was happening in the VII~LAGE COUNCIL . MEETING MINUTES June 10, 2004 Page 16 economy with Greenspan possibly raising interest rates next Tuesday would also affect what was happening here. To protect the Village, a 5.5 percent rate had been projected. Village Manager Couzzo advised the Council that if they chose to allow staffto enter into and execute that loan agreement with Bank of America, the Tropic Vista residents would be the beneficiaries of the difference since their assessments would be less. The Village would be obligated to pay a very short term interest on that money. The only uncertainty was if Martin County said no; there would be about ten thousand dollars risk. Discussion ensued. The Finance Director and Mr. Ori concurred with the Village Manager. MOTION: Council member Humage made a motion to proceed with the loan agreement with Bank of America at an interest rate of 4.85%. Vice Mayor Genco seconded the motion. Discussion ensued during which Mr. Couzzo and Mr. Ori clarified the calculations, indicating that each one of the 108 residents would save approximately $600 over 20 years. Motion carried by unanimous 5-0 vote. Council Member von Frank left the meeting at 9:45 p.m. Village Manager Couzzo advised that conversations had been held with Jupiter Hills S Country Club, who had expressed an interest in the Village of Tequesta providing them with water. This issue had been looked at, trying to expand the utility, but they really did not need potable water and could not afford to pay for potable water. They had some expansion plans, and were looking to purchase up to '/z million gallons per day, right from the well. Agreement had been reached to do this, but out of an abundance of caution, the Village needed to make a few modifications to the agreement, to assure that in case of drought, for instance, their water would be shut offbefore the Village's. The Village Manager explained that the goal was to provide additional revenue to the utility, and a real conservative approach had been taken. Engineer Tom Jensen explained they had looked at the max day demands in the system and what that did to the raw water demand. Mr. Jensen explained that you do have instances over the year where in some years there might be 30 to 40 days where the Village would encroach into the amount per day that Jupiter Hills wanted. Therefore, there needed to be language in this agreement that it is curtailable, so when the Village needed the water they could shut it off and not give it to them. February 2006 was when the Village's consumptive use permit would need to be renewed and there needed to be a clause to provide an out so the Village would not lose their right, which had been previously curtailed. The Village did not want to jeopardize what they had in Jupiter Hills. Wells up in the park, 18, 19 and 20 would be used. The new well going in next to the new Village Hall would go directly to the RO plant. That well would replace the bulk water agreement that was expiring with the Town of Jupiter. RO well No. 3, the new well going in next to Village Hall, would supplement the RO train that was going in. Vice Chair Genco questioned the amount of • water that would be available. Mr. Jensen explained where the water came from and the VILLAGE COUNCIL • MEETING MINUTES June 10, 2004 Page 17 amount that would be available. Mr. Ori indicated this would be additional income that had not been anticipated. Village Manager Couzzo indicated he had wanted to bring this to the Village Council's attention, but would proceed slowly to assure the proper language was used so that the Village's water would not be jeopardized. XI. ADJOURNMENT There being no further business, upon motion by Council Member Humpage, seconded by Vice Mayor Genco, the meeting was adjourned at 9:58 p.m. Respectfully submitted, • Mary Miles Village Clerk ~~~ ~ _ ~~ D ~: YJ>~ ~~`~t'r'n' I / ~ ~ ~~~ •