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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_09/14/2006 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, AUGUST 17, 2006 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:06 P.M. A roll ca11 was taken by Village Clerk Gwen Carlisle. Present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Micha.el R. Couzzo, Jr., Village Clerk Gwen Carlisle, and Department Heads. IL INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Humpage gave the invocation and led in the pledge of allegiance to the flag. III. APPROVAL OF AGENDA MOTI4N: Council Member Watkins moved to approve the agenda; seconded by Council Member Genco. Mayor Humpage noted Item 8.1 under the Consent Agenda had been deleted from the agenda. Mayor Humpage announced revisions to Ordinance 606 had been distributed to each Council Member. Village Clerk Carlisle reported a budget adjustment for a computer for the Village Clerk's office was to be included in the Consent Agenda, and explained this had been credited to the wrong account and was being corrected. Motian passed 4-0. Council Member Watkins moved to approve the agenda, as amended; seconded by Vice Mayor Paterno. Council Member Genco requested to pull items 6 and 7 from the Consent Agenda. Council Member Watkins requested addition of an item under Any Other Matters. Motion passed 4-0. IV. STANDING REPORTS VILLAGE ATTORNEY - None VILLAGE MANAGER - Village Manager Couzzo reported the well drilling equipment at Public Works had been taken down and removed. The Village Hall construction was on schedule and staff planned to move in late October. Minutes - Village Council Regular Meeting 08/17/06 Page 2 V. UNFINISHED BUSINESS 1(a). ORDINANCE 606 – SECOND READING – An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending the Village Code of Ordinances at Chapter 46, Motor Vehicles and traffic, at article l, Section 46-2, Use of Golf Carts upon Designated Village Streets, so as to provide restrictions relating to the operation of Golf Carts; Providing for repeal of Ordinances in conflict; Providing for Severability; Providing for Codification; Providing an effective date. Attorney Hawkins read for the record the title of Ordinance 606. MOTION: Vice Mayor Watkins moved to approve Second Reading of Ordinance 603; seconded by Council Member Genco. The Village Attorney swore in all those intending to offer testimony in this matter. Public Comment: Mr. Russell Von Frank, 489 Dover Road, felt this was being done because of the actions of a few, that this would change the intent and purpose of the use of golf carts, and suggested changing operation to daylight hours. Mr. Mike Adams, 1Q00 North U.S. Highway One, Jupiter, President of Tequesta Country Club, advised the country club members wished to assist Council in a workable solution to the golf cart issue, and totally agreed the driver must possess a valid driver's license. Mr. Adams commented golf carts may be driven on public roads and sidewalks from dawn to dusk and would be issued a certa.in color sticker, and he understood that golf carts driven after sundown needed a turn signal, which would cause certain members hardship. Turn signals would cost $700-$800 to install. After inspection, these carts would receive a different color sticker. Mr. Adams commented they differed with the Jupiter Courier article—that carts would not need windshield wipers or need to be flatbedded to the Police Department. He understood an officer would come to Tequesta Country Club at a mutually agreeable time to inspect and issue stickers. The fee for this was to be $25, and the officer would not accept cash. Tequesta Country Club would issue a check. Mr. Adams advised that Tequesta Country Club would also have inspections for non-members and would collect their fees also and forward them to the Police Department. It was his understanding that during inspection, the owner must present a valid driver's license and proof of insurance clearly stating the cart could be driven on public roads. Mr. John Tolbert, 151 Gu1f Stream Drive, indicated he and a lot of his neighbors were against the inspection, feeling that if motor vehicles in this State were not inspected it was a burden to bring in golf carts for annual inspection. The fee he had obtained to add turn signals was $1,000. He had those figures and also a copy of the Statute. Mr. Tolbert stated his children were above the legal age so he was not affected, but many of his 2 Minutes - Village Council Regular Meeting 08/17/06 Page 3 neighbors had expressed a desire to keep the Sta.tute age of 14 and no required license. Mr. Tolbert expressed his opinion that all of the area kids should not be penalized for the acts of a few; in general a 15-year old was less dangerous on a golf cart than on a scooter, and the m�imum speed wa.s only 15 miles per hour as equipped at the factory. He brought an article from Palm Desert, Californ.ia, which had instituted golf cart travel with great success and a positive outlook, and offered to provide the article for Council to read. Mr. Tolbert advised cars were not ta.ken away when there was an accident, and sooner or later there would be an accident with a golf cart, but in general 15 miles per hour was a lot safer. Also, in the article, one of the points was that elderly people no longer able to drive a car could continue to drive golf carts—they could go to their club to have dinner, go to play golf, etc., and this had been very successful there. Mr. Tolbert requested he be able to make comments later. Mr. Dan Amero, 20 Bunker Place, agreed with the previous speakers, and reported he and Mr. Tolbert had done a lot of research on the internet to try to find a way to get their golf carts equipped with the proper equipment the Council had requested. Mr. Amero reported he had called around to some of the country clubs and asked what it would cost to retrofit golf carts, and prices ranged from $600 to $900, not including labor. A lot of golf cart owners were on fixed incomes and they were being asked to spend possibly $1,000 to retrofit their golf carts and then pay a yearly fee, and fees were not even paid on cars. Being on a fixed income, this would be a hardship. Mr. Amero expressed his opinion having golf carts was a good thing because of less pollution, and he would like to see this postponed to a date certain to really discuss this and have a work session with some of the residents and the country club members, and he felt the Council would want to know what people really thought about the ordinance. Ms. Lori Ombres, 219 Fairway East, felt windshield wipers on a golf cart would be ridiculous. She reported her golf cart was highly customized, with turn signals, horns, stero player, and a number of other things, but no windshield wipers. Ms. Ombres expressed her opinion the turn signals would be a haxdship for a lot of people, commenting hand signals were used on motorcycles all the time, and questioned why they couldn't be used on a golf cart. Ms. Ombres expressed hope the Village Council would take a calm approach to the ordinance and also to the enforcement, and not have selective enforcement. Ms. Ombres expressed her opinion the inspections were silly since automobiles were not inspected; the $25 registration fee was just another way to raise money for the Village and was unnecessaxy, commented she was not asking for selective enforcement, but if the Police enforced every statute they would be doing nothing all day but pulling people over to see if they had insurance. She thought it was more important to have insurance on an automobile, and it was common sense that anyone who owned a golf cart probably did have insurance. Ms. Ombres expressed her opinion the resources of the Police Department could be better served than setting up police cars at 8 a.m. at the north gate of the country club to pull golf carts over to see who was coming to Turtle Creek or going to Tequesta Country Club and issuing tickets. Ms. Qmbres asked that the Council take a common sense approach in their directions to city departments, and she felt the quality of life of people in Tequesta was in jeopardy with these kinds of ordinances. 3 Minutes - Village Council Regular Meeting 08/17/06 Page 4 Mayor Humpage commented tonight consideration was being given to three types of golf carts. Golf carts that did not use the roadways and did nothing, which was any golf cart within the Tequesta Country Club fleet. The State Statute was specific in two areas— sunrise to sunset, and sunset to sunrise, which were the only two areas they addressed. Mayor Humpage advised he had done his homework on this and he must consider the whole Village. The fees were not for the �7illage coffers. The Village had to invest in a study, a good portion of which was already accomplished, signage would be required, and striping had to be done on the roads—for example, where the carts traversed Country Club Drive from the small lot to the overflow lot. That was where the money from fees would be used. It would not be fair to ask everyone in the Village to cover the cost of something only a few people used, and the Council was trying to be fair, and trying to keep the cost at a minimum. If it was found the fees were too high, the Village would reduce them. People said you did not have to have your car inspected, but you had to register it, and the only way that could be done was with insurance--the State was trying to cover the bases. Mayor Humpage expressed his own opinion the general consensus was to do what was right for everyone, something that helped the citizens who did have the golfing community here, and the Village did not wish to jeopardize the solvency of Tequesta Country Club. They were trying to find a happy medium. All this occurred because abuses were occurring and the Village could not just ignore this. If the Village allowed residents to drive golf carts with no registration fee and without the equipment required by State law and a resident got in an accident with a motor vehicle, the lawsuit would go for the deep pockets—the Village of Tequesta. The Sta.te was very specific in this area, and the Village could not ignore it. There were only a couple of options to say no driving on the roads, then everybody was at risk, and would get a ticket; or try to come up with something that was user friendly and abide by State Statute—but the Village could not just turn their heads and not do anything. The Council knew how everyone here felt, but was just trying to come up with a solution to a problem and do their best to make it fa,ir to everyone. Police Chief McCollom advised quite a bit of research had been done to find a happy medium for the citizens and the Village in terms of what was enforceable and what the liability might be if the ordinance was to be more restrictive or less restrictive than the Statute. It was clear from the Florida Attorney General's opinion that you can be more restrictive, but you cannot loosen the Statute and be less restrictive to afford people certain options. Chief McCollom commented one of the hang-ups the Statute caused was nighttime operations. It was very specific in nighttime operations about the safety equipment, turn signals was on that list. He understood the cost of it, but that would be less restrictive and not more restrictive, and would violate the Attorney General's opinion and the Statute. Council Member Watkins com�ented the way she read the ordinance it was stating the cart must have a windshield—not windshield wipers. Chief McCollom verified that windshield wipers were not required, but you did have to have a windshield. Council Member Watkins clari�ed that turn signals were only required if the golf cart was going to be driven at night Council Member Waticins reported the phone calls she had received had been primarily about those two problems—people did not want windshield wipers or turn signals. 4 Minutes - Village Council Regular Meeting 08/17/06 Page 5 She understood hand signals, but that was a problem at night, and the State statute must be addressed. At first reading of the ordinance, the Council had tried to find compromises, and they were not in a position as elected officials to fly in the face of State law. She commented she knew residents were angry about this because it was a change in the way they had been using their golf carts, but they were meant to be used to go play golf, that was their first use priority. She lived in a golf community herself, so was trying not to take the tack of being as hard as possible. The staff, Council, Manager, Attorney, and Chief had all worked very hard to try to make this as workable as possible for everyone. Council Member Watkins advised the Council had to look out for the Village as a whole----a lot of people did not ha�e golf carts, but for those who did the Council was trying to keep them from being restricted to not use their golf carts at all on the roads, which they would be able to do. She did not see how the Council could get around the issue of signals at night since it was required by the State, and if a cart did not ha�e turn signals it would be issued a sticker allowing it to be driven dawn to dusk. The Village Attorney agreed. Council Member Genco agreed with eveiything that had been said, and reported Pert Towne had sent her an article where a 9 year-old boy had killed a 72 year-old woman with a golf cart. The husband had initiated lawsuits, and the Village could not afford that. The Village had had to react to a negative situation with a lot of complaints, and this was the best they could do. Council Member Genco commented if you were using a golf vehicle at night, you must be on parity with a car with lights, etc., because it was dangerous for you and for the driver of the car. Council Member Genco commented if you were looking at the cost to retrofit a cart for evening travel, you also had to look at the fact you were getting the benefit of lower gas mileage and hopefully a pleasant atmosphere of being outside in #he evening, and it was a pleasure you were going to have to pay a little more for if you were going to use your golf cart in the evening. Council Member Genco stated she was sorry, but this was the best the Village could do to make sure everyone was safe. Vice Mayor Paterno commented he thought the law the Village Council would be passing was a good law. At the same time, he drove his golf cart at night, so he knew how people felt. There was no choice but to comply with the State law for night use; if not passed, the Village could have problems with lawsuits, etc. Vice Mayor Paterno commented he had tried to think of every way around it, but he was going to have to add turn signals to his cart since he liked to drive it at night. Othez than that, he believed this was a good compromise for everybody, and would accomplish what was needed, and would work for everybody. The past Councils had not addressed this, but now that it had been brought to attention it had to be addressed. The Vice Mayor thanked everybody for coming, and commented he thought when everything was said and done it would be the same as before except would correct a situation of the problems with the under age 16 boys and girls who had taken tlus to extreme and ruined it for the adults. Mayor Humpage recalled when �ou did not have to have a fishing license—now you had to have a fishing license. Mayor Humpage requested Village Attorney Hawkins go over some of the things in the ordinance with him, beginning with item 2, second sentence, which said "All golf carts operated on the roads and streets within the Village of Tequesta rnust be equipped with 5 Minutes - Village Council Regular Meeting 08/17/06 Page 6 brake lights". Item 6 said "A golf cart shall be properly equipped with headlights, brake lights, and a windshield at all times the golf cart is operated on the road." The Mayor suggested striking that sentence in item 2 and the word "likewise" following that, to make the ordinance easier to read. Council Member Genco agreed that could be done, but after the words "golf cart" add "operated upon Village streets after sunset." Discussion ensued. Council Member Genco pointed out item 2 addressed daylight operation; item 6 addressed nighttime operation. The Village Attorney commented brake lights were not required by the Statute, but he recalled from the first reading that the Council wanted brake lights. Mayor Humpage confirmed they did. After further discussion, Council Member Genco proposed the following language: A golf cart operated upon V�llage streets after sunset shall be properly equipped with headlights, brake lights, turn signals, and a windshield. Further, at all times golf carts must be equipped with efficient brakes, reliable steering apparatus, safe tares, a rear-view marror, and red reflectorized warning devices both front and rear. Consensus was to accept this language, and Attorney Hawkins agreed that did it, and meant no brake lights for daytime operation. Mayor Humpage commented in item 3 the Village was saying you could put a child under the age of seven in your lap if you were not driving, and he was not comfortable with that. If when going around a corner or a curve that 5-year-old went into the street, the Village would be responsible. Council Member Genco noted that was language used by Jupiter Island because the Village did not have any language addressing the number of occupants. Mayor Humpage pointed out the ordinance said there could only be as many people as there were seats. Mayor Humpage requested the word "town" be changed to "village" and consensus was to use the following language: The number of occupants in any golf cart being operated within the Village shall be restricted to the number of seats on the golf cart. Village Attorney Hawkins asked if the Council wished to stay with their original proposal for night operation of sunset to midnight, or to conform to the State Staiute wluch stated sunset to sunrise. A resident indicated he took fishing bait to his boat at 4 a.m., using his golf cart. Mayor Humpage advised this ordinance was only concerned with designated roadways within the Village of Tequesta and signs would be posted. Council Member Genco asked how important it was to people to be able to ride their golf carts after midnight. Mayor Humpage responded he did not know, but he knew it was called a golf cart, and he knew the Council was talking about allowing the club to have functions, and if the functions ran a little late they wanted people to be able to get home on their golf carts. Also, a provision had been placed within the ordinance that in the event the club had a special function they were to notify the Chief so he could put out more diligent patrols out in the event the function ran until 1 a.m. Council Member Genco asked if the Council really wanted to ha�e officers out there after midnight. Chief McCollom advised the purpose for the police was not the enforcement of midnight it was the possibility of a large number of carts sharing the road with automobiles at night. By police presence that would keep speeds down and people would be more diligent; it was a safety factor for everyone leaving the club, and that was the reason for the heads-up for the police department. 6 Minutes - Village Council Regular Meeting 08/17/06 Page 7 Vice Mayor Paterno noted the State states it could go from Sunset to Sunrise. He thought there would be very few people doing it but he did not think it would be a problem if they happened to be out in the morning running to go for an early teatime as well. Mayor Humpage noted by State Statute, someone could only operate a golf cart within one mile of the golf course. Vice Mayor Paterno stated he was not aware of that Statute and he did not think it was in the Ordinance. Mayor Humpage commented it might have been stricken. Vice Mayor Paterno commented the time restriction on the golf carts was not as crucial to him as long as the golf carts were completely equipped. He commented the big issue was to address the young kids using the golf carts. He asked whether a 16 year old with a Learner's Permit would be ablE to drive a golf cart with an adult. Attorney Hawkins stated the statute that would be passed, allowed the age of 16. Mayor Humpage referred to Section 1 of the Ordinance, which stated the driver must be a minimum of 16 with a valid driver's license. Vice Mayor Paterno asked if a Learner's Permit was allowed as long as an adult was present. Attorney Hawkins stated there were other restrictions on the learning permit at night that would not be permissible after midnight. Chief McCollom suggested mimicking Statute 322 on the Learner's Permit. Attorney Hawkins stated he would interpret Vice Mayor Paterno's question as no, because the Permit was not a valid driver's license. Mayor Humpage commented the discussion was moving away from the purpose of Ordinance 606. He commented the purpose was to make things better for the golfers. He felt the golf carts were only for golfing purposes and he understood residents wanted to use them to go to other places but the carts should be used for what they were made for, which was to go to and from the Country Club. Council Member Genco commented the idea of prorating the annual registration was unfair to the other golfers who were in Tequesta year round compazed to those who were in the Village in the winter. Mayor Humpage clarified he did not mean prorating it. He stated the fee was for such things as buying the signs, painting the streets, and if the fund builds up, the price could be changed. He stated it was not to make money but for the cost of enforcing the Ordinance. Council Member Genco clarified it would not be prorated; it would be an annual registration that would have to be renewed every year. She referred to paragraph 7 on page two of item 7, she pointed out the line "decals reflecting the valid registration." She specified the line should be changed from "the valid registration" to "a valid registration" to make it clear to residents that it would be an annual registration. Mayor Humpage agreed to this change. Council Member Genco pointed out the Village sta.ted golf carts belonging to the Tequesta. Country Club did not need to register provided the golf carts were not operated on the Village roads and streets. She commented although the Tequesta Country Club is the only one in the Village, people who were also in the Turtle Creek would not have to worry about registering unless they were going to drive the carts on the Village streets. Mayor Humpage suggested the sentence be restruchued to say, "Golf carts do not need to be registered provided they are not operated on the streets" and delete "golf-carts that belong to Tequesta Country Club." Attorney Hawkins mentioned the overflow of parking. Chief McCollom explained it was the same as a pedestrian crossing based on the statute and it could be marked as a golf cart crossing and it would be in total compliance. He recommended the Village have a yellow light there. 7 Minutes - Village Council Regular Meeting 08/17/06 Page 8 Vice Mayor Paterno asked if there was anyone who was against the sunset to sunrise state statute to operate golf carts. Mayor Humpage commented he did not have a problem leaving it from sunset to sunrise but warned residents to be responsible when operating the golf carts at these hours. He commented it was likely the police would stop anyone who was driving golf carts on the streets at very late hours. Council Member Watkins felt the statute would not affect residents because it would be a limited number of people driving between midnight and sunrise. Vice Mayor Paterno felt it would not affect anyone, but residents driving at 2 a.m. would be stopped by the police. Council Member Watkins stated she was all right with it was long as the golf carts have lights. Attorney Hawkins asked Council if they wanted to change the "the midnight curfevd' to "sunset to sunrise". Council Member Genco stated she was all right with Chief McCollom's point about having a police officer present at the a Country Club event for safety. Mayor Humpage stated the Village would want to know when there would be a big event with a lot of carts, at the golf club so Chief McCollom could oversee it. Council Member Genco stated there was nothing in the statute that sta.ted it. Chief McCollom felt it was prudent management. Council Member Watkins asked residents who were members of the Tequesta Country Club to alert the police department of any large functions and the time it ends. Attorney Hawkins stated Council should delete 2 and insert golf carts operated between sunset and sunrise, then consolidate 3 and 4 and add "golf carts must be equipped with headlights, turn signals and wi.nd shield wipers" to 6. Attorney Hawkins stated Council needs to make a motion to pass the Ordinance as amended. Mayor Humpage explained the effective date of the Ordinance depended on the State required study of Country Club Drive, the purchase of the signs, posting the road, and stripping roads near the Country Club before the effective date. He pointed out residents should not operate the carts until all of this is done. Attorney Hawkins pointed out the Ordinance needed to have an effective date. Council Member Genco suggested November 1 St . She explained this would give residents time to equip the carts. Vice Mayor Paterno stated the police were ready for the registration, the study should be finished shortly. He asked Assistaut Manager Garlo when the signs could be up. Mr. Garlo stated by October 1 St Chief McCollom stated the Police Department needed two weeks to get the decal and registration forms ready. Mayor Humpage sta.ted Mr. Adams would help Chief McCollom with the coordination of the registration process. He told residents not to drive the golf carts to the Police Statian. He explained Chief McCollom would set up a schedule where the officer would go to the Tequesta Country Club. He stated if a resident is not a member they would allow them to go to the Club as well, so they would not have to go to the police sta.tion. Mayor Humpage asked Mr. Adams how many carts were expected. Mr. Adams sta.ted 100 in storage and 104 outside of the club. Mayor Humpage asked Chief McCollom how many carts he could do in a day. Chief McCollom stated he would set up a 4 hour window from 10:00 am unti12:00 pm. He stated Mr. Adams has been very helpful because the Country Club is helping to make more than one registration date throughout the year. He stated the Police Depa.rtment would work the schedule out with the Tequesta Country Club and post the dates on the website and also post it at the Country Club. 8 Minutes - Village Council Regular Meeting 08/17/06 Page 9 He anticipated there would be some flat beds carrying some golf carts. He stated they would accommodate that and hopefully by October have a full time employee to do the registration as well. Council Member Genco pointed out residents need to be reminded that they need insurance because a lot of the insurance policies do_ not spell out the coverage of golf carts. Chief McCollom stated it would be a learning experience for everyone. He sta.ted he has been told Home Owner's insurance cover the golf carts, but once it is driven on the road the auto insurance covers it providing it is not excluded from the policy. Chief McCollom stated residents needed to check their insurance to see if the golf carts are covered. He stated once a motorized vehicle driven on the road; it is the auto insurance that is liable. Council Member Genco asked if a police officer would have to read the policies because they are very difficult to read. Mayor Humpage asked Attorney Hawkins how difficult it would be for the insurance company to write a letter stating the golf cart is covered. Attorney Hawkins stated it must be an affirmative proof that it is insured. Mayor Humpage stated residents must bring proof of insurance and if they are unable to, they must talk to their insurance company. Council Member Genco asked Chief McCollom if he felt it could be done by October l Chief McCollom stated yes and explained the background work and the printer are on stand by for the materials, but posting may take longer, but it should be done by October 1 St MOTION : Vice Mayor Paterno moved to close the public hearing; Council Member Watkins seconded the motion; approved 4-0. MOTION: Vice Mayor Paterno moved to approve Ot�dinance 606 as amended; Council Member Watkins seconded the motion; approved 4-0. The meeting recessed at 8:1 S p. m. and reconvened at 8: 25 p. m. 1(b). Council discussion regarding the design and registration form to register golf carts on a yearly basis, January 1 St -December 31 St Consensus of Council agreed to move forward with the design and registration form to register golf carts in the Village. 2, RESOLUTION 94�05l06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund Balance in General Fund #001, Increasing the 2005/2006 Police Administration Budget account #001-171-516.100, "Compensated Absences", by $17,821.00 and Authorizing the Village Manager to proceed on behalf of the Village. Vice Mayor Paterno asked Mr. Couzzo to explain what "Compensated absences" meant. Village Manager Couzzo explained it was a severance package for Chief Allison. A Village resident asked if employees are given this at the end of a year or do they accrue this over tune. Village Manager Couzzo explained there are accrual limita.tions and they have options to buy certain limitations. Council Member Genco clarified the Village did not have a policy on this until a year ago. 9 Minutes - Village Council Regular Meeting 08/17/06 Page 10 MOTION: Council member Watkins moved to approve Resolution 94-OS/06; Council Member Genco seconded the motion; approved 4-0. 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 Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Genco removed items 6 and 7 MOTION: Council Member Watkins to approve the Consent Agenda, as amended; seconded by Vice Mayor Paterno; motion passed 4-0. Therefore the following items were approved on the Consent Agenda. 3. Village Council Regular Meeting Minutes July 13, 2006. 4. Village Council Workshop Meeting Minutes June 30, 2006. 4.1 Village Council Special Meeting Minutes July 17, 2006 5. Planning and Zoning Advisory Board Meeting Minutes May 4, 2006. 8. RESOLUTION 97-OS/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending and increasing the 2005/2006 General Fund #001 Budget by increasing revenues in account #001-000-331.205, "FED Grant-US Customs Overtime", in the amount of $4,248.00 and increasing expenditures in account #001-174-514.100, "Overtime", in the amount of $4,248.00. 8.1 DELETED END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 6. Budget Adjustrnents for the month of August 2006. Council Member Genco stated she did not understand some of the content of the budget adjustments, and suggested there should be a budget amendment sheet to explain it. She mentioned she was not exactly sure what Staff was doing with the Fire Department sheets. Village Manager Couzzo explained the reason Finance Department did not put a budget request sheet on each was because there were about 30 items. He noted most of this was realigning and closing the fiscal year. He stated it 10 Minutes - Village Council Regular Meeting 08/17/06 Page 11 was really housekeeping accounting. Council Member Genco asked if the $54,250 was money that had not been spent, or was that being appropriated. Vice Mayor Paterno agreed and asked for additional information also. Council Member Genco noted she called the Finance Director this afternoon for additional information, and she was not 100% sure on this budget adjustment. Mayor Humpage suggested pulling the item and bringing it back in September. Consensus of Council agreed. Council Member Genco indicated the Police Department budget adjustment appeared to be the same thing, and she was not sure if this was a shortage or overage. Village Manager Couzzo stated he would send Council a detail on the Fire and Police budget. Council Member Genco stated she understood the purchase of the computer equipment by the Village Clerk. She commented the budget amendment sheets make it much easier to understand. She stated nothing administratively has to be done, but is only for Council's information. Vice Mayor Paterno questioned why there were so many transfers, if that is the budget why are we not sticking to bit. He sta.ted $54,250 is a lot of money. Village Manager Couzzo explained these funds would go back into the General Fund. Council Member Genco pointed out the Police Department did not spend all their money and she was not certain what happened with the Fire Department. She pointed out the process the Village has for budgeting is just over 3 years old, and it is going to take time to get reoccurring data and experience to get tighter with the budget forecasting. She sta.ted there may be a time when a position is empty for three months, and that is going to result in a budget change also. Village Manager Couzzo stated he would give Council more details on those budgets. Council Member Genco commented she really appreciates what the Staff does to help Cou.ncil understand the budgets. 7. RESOLUTION 95-05/06 — A Resolution of the Village Council of the Village of Tequesta, Pa1m Beach County, Florida, Appropriating Unreserved Fund Balance in General Fund #001, Increasing the 2005/2006 Police Patrol Budget, Account #001- 175-522.102m "VOT Pension Contributions", by $26,430.00 and Authorizing the Village Manager to proceed on behalf of the Village. Council Member Genco stated the Pension funds now ha.ve another 2.5% to cover because they have to have reports, audits, and outside attorneys. She sta.ted instead of making 6% return, like the Village used to make; they now have to make an 8.5% return on the funds to stay up the promised benefits that Council has made to the employees. She stated if the portfolio that is being managed does not achieve that 8.5% the Village has to intervene. The Village took a rolling period of 3 years to help that out, so that if one year there was a 11%, one year was 7%, it can be averaged out to 16%, so the Village has only 1% to kick in. In this case for the past year, using the rolling period, the Village ended up being short $26,430. She stated the Police Officer contribution has increased a total of 3.95%, which is what the $26,430 is. She commented this needs to be looked when budget forecasting, as an anticipated issue because it could grow empirically. 11 Minutes - Village Council Regular Meeting 08/17/06 Page 12 Vice Mayor Paterno stated he is a member of the General Employees Pension Board and in the first 6 months they have surpassed the 8%. He noted it was a different fund, and a different manager. He commented if things keep going and do not change, and they can pick up a few more points between now and the end of the year, they would have to put in less money on that fund. Vice Mayor mentioned he just wanted to report on that fund as well. Attorney Hawkins read for the record the title of Resolution 95-OS/06. MOTION: Council Member Genco moved to approve Resolution 95-OS/06; Council Member Watkins seconded the motion; approved 4-D. VII. COMMI.TNICATIONS FROM CITIZENS - None VIII. COMMUNICATIONS FROM COUNCIL - None IX. NEW BUSINESS 8. ORDINANCE 607- FIRST READING — An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Prohibiting Fishing from the Tequesta Drive Bridge, Providing for repeal of Ordinances in conflict; Providing for Severability; Providing for Codification; Providing an effective date. Mayor Humpage opened the Public Hearing (Public Cominents) Ms. Helen Hirst, resident of West Indies Lane stated the reason this has come up was because her son was injured from the fishing line and there was an incident prior to his injury. She expressed he still has a scar and it has been 6 months and he may have a scar for the rest of his life. She expressed she is gratefiil he did not die. She stated medically there were various scenarios in which he could have died. Mr. Bob Van Keuren sta.ted he has been a resident in the Village since 1976. He sta.ted he has been fishing on the bridge since that time and he never had a bad experience. He expressed unfortunately that boy has been scarred but that is the farthest thing that has happened to anyone on the bridge. He quoted a man he met on the bridge who stated any young man who likes fishing never grew up to be bad. He stated he has never had a problem whatsoever on the bridge. There is an infl� of different people that come to the Village. He stated there is plenty of room for bikes to go by and he sees no reason for the bridge to be un-fishable. (Council Comments) Mayor Humpage felt a couple of things have occuxred far this to be an issue. He sta.ted the injured young man is not the only thing the Village is concerned about. He stated there is a new bridge on the Loxahatchee River Road in Jupiter and one of the things they have done is put a baxrier between the fisherman and the traffic. He felt that would not 12 Minutes - Village Council Regular Meeting 08/17/06 Page 13 help the young man who was injured by the line in the water but there was another case where a boy fishing caught a fish, the line broke, and he fell backwards into traffic and was hit by a vehicle. So those two cases prompted this issue. Mayor Humpage explained the Village was looking at it from a liability standpoint. He suggested resident's fish from the embankinents, and Council will decide if fishing would be allowed from the bridge. He commented Council has to take everyone into consideration. He stated they have to decide on this, so the police have the ability to enforce the ordinance. Council Member Watkins agreed with Mayor Humpage, and stated Council could not allow the Village to be put in a situation of liability. She expressed it was unfortunate Ms. Hirst's son was injured and it did not result in worse injuries. She commented safety would have to take precedence over the joy of fishing and the embankment would have to do. Council Member Genco sta.ted her neighbor was injured the same way Ms. Hirst's son was a year and a half ago. She commented more people have boats and ski-doos than 10 or 14 years ago, and a lot more traffic coming under the Bridge. Mr. Van Keuren mentioned there were only two instances that he knew of in a11 �hose years. Mayor Huxnpage pointed out it is not just those two instances; noting there are other issues, such as motor vehicles. Council Member Genco explained unfortunately, the Village could not stop marine traffic under the bridge and that is where the real danger is. She indicated this was a safety issue, and explained maybe when the Village changes the bridge that may be the time to address the issue. Vice Mayor Paterno agreed with the safety and liability issues. He pointed out a lot of children like to ride their bicycle down to the bric�ge and fish off it. He asked if there was anyway Council, or Village Manager Couzzo has any ideas to do something to accommodate the children. He noted going down on the rocks could create another problem by them falling. He stressed he is not against it, but wanted to accommodate the children, and suggested a rail be put up on one side, and no boat traffic under the first span of the bridge. He stated at least the children would be able to fish there. Council Member Genco noted the Village had marked no fishing between these two areas, but it did not help. People still ended up throwing their lines to people in boats and ski-doos, because the boats and ski-doos were not where they should be. She sta.ted this is dangerous. Vice Mayor Paterno agreed because the people on the embankment would throw their lines on to boats, etc. Village Manager Couzzo felt Staff could look at someway to enhance the embankment. Mayor Humpage suggested accommodating the fishing by putting up the mesh, and build out the area to fish. Mr. Van Keuren indicated the problem that goes with that is where would the people park their cars, and the children's bicycles are in the way. Village Manager Couzzo suggested Staff look at the options, and present to Council in between first and second readings. He noted Council could make amendments to the proposed ordinance on Second Reading to facilitate everyone's needs. Mayor Humpage mentioned he was ok with that and supported the fishermen, but he did not want to lose track of the vehiculaz issue. 13 Minutes - Village Council Regular Meeting 08/17/06 Page 14 He commented from the center of the bridge if someone falls into the lane of traffic the Village would be liable. Village Manager Couzzo stated he would look at the far ends, and the embankment. Council Member Genco pointed out the embankment issue would be having to give ingress and egress access over privately owned property in some cases. She felt the Village could end up with property owners really angry over that. She explained the Village would be redoing the bridge, and that would be the appropriate time to look at being able to fish again on the bridge, and until then in the interest of safety the Village could not do it. Vice Mayor Paterno stated the only thing possible might be the first 15 feet on one side. Mayor Humpage sta.ted until the Village could physically make the bridge safe for the boaters, and the people fishing on it, the people need to stop the fishing on the bridge. Council Member Genco called the question; seconded by Council Member Watkins; therefore the Mayor closed the public hearing. MOTION: Council Member Genco moved to pass the ordinance on first reading as submitted; seconded by Council Member Watkins; motion passed 4-0. Village Manager Couzzo asked if it was Council's desire to have him look at fishing on the embankment. Consensus of Council agreed. 10. RESOLUTION 93-05/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal from Wynn and Sons Environmental Construction, Inc. of West Palm Beach for the installation of a new pathway along Tequesta Drive in the amount of $74,999.80. (Account# 303-390-663.650) Attorney Hawkins read the title for the record of Resolution 93-OS/06. Mr. Robert Garlo, Assistant Village Manager commented this was the last Public Works project for this year that was budgeted. He commented the $75,000 to extend the pathway along the north side of Tequesta Drive west, and the proposal was based on the Martin County contract prices. He noted with that contract amount they can extend the pathway, and connect up some of the small existing pieces, west from where it terminates now just west of Seabrook Road; continue it west over the Tequesta Drive bridge to the intersection of Tequesta Drive and Pinetree Drive. Council Member Genco asked if the pathway would be concrete. Mr. Garlo agreed. Council Member Genco questioned the trundicated dome. Mr. Garlo commented it was the new Department of Transportation (DOT) ramp. He mentioned he has reviewed this plan with the engineers because it was so important of how the pathway would cross the intersections; he indicated it would have to be on the outside of the existing stock bar, so they can ramp each corner with the DOT standard. Mayor Humpage asked if this project was in the 2005-2006 budget. Mr. Garlo responded in the affirmative. Council Member Genco asked if on that side of the roadway the Village took into consideration the swales. Assistant Manager Garlo pointed out there was an extensive swale system on that side of the road, and they would not be near it because the setback is 40 feet. 14 Minutes - Village Council Regular Meeting 08/17/06 Page 15 MOTION: Council Member Genco moved to approve Resolution 93-OS/06; seconded by Counci� Member Watkins; motion passed 4-0. , 11(a). RESOLUTION 96-OS/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Accepting the Settlement from RLI Insurance Company in the amount of $20,523.38; and Amending and increasing the 2005/2006 General Fund #001 Budget $63,236.00; By Increasing Revenues $20,023.38 in account #001-000-369.100,"Insurance Reimbursement"; Appropriating Unreserved Fund Balance in the amount of $43,213.00; and increasing Expenditures $63,236.00 in account #001-175-664.602, "Vehicles" and Authorizing the Village Manager to proceed on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 96-OS/06. MOTION: Council Member Watkins moved to approve Resolution 96-OS/06; seconded by Vice Mayor Paterno. (T�ote at end of discussion) Council Member Genco asked if the boat the Village was purchasing was going to be a different boat from the one Council saw in the parking lot; she asked if the one the Village was purchasing had a soft side. Police Chief William McCollom mentianed the reason the company brought that boat was because the hulls were very similar, and the way this boat was outfitted it would be exactly the same, with the lights, the T-Top, and the console. Council Member Genco asked the Chief in his apinion, the front drop down looked so much safer; why was the Village still looking at other type of boat. Chief McCollom indicated Council saw a catamaran hull, and some folks say it is not as stable in turns and in the maneuver abiliiy as a V-hull. He mentioned Staff opted to go with a standard V-hull, and also the mechanical hydraulic ramp in front could fail. He pointed out Staff is trying to limit the maintenance on the boat. He mentioned in calling around some of the other communities using the rigid inflata.ble they did not give lum a great endorsement of the ramp. Village Manager Couzzo felt the front section was more rescue friendly. Council Member Genco agreed and felt that is what they would mostly be using it for. Village Manager Couzzo mentioned the boat would be used primarily by the Police department for patrol, and by the Fire department for training and dive certification. He noted this boat compared to the previous boat has a much lower profile and people could maneuver over the sides much easier. Mayor Humpage questioned whether the boat would have two engines. Chief McCollom answered in the affirmative. Vice Mayor Paterno asked what equipment would come with the boat; he questioned what the police department was going to do about the radios and equipment. Chief McCollom mentioned Council previously brought the radio when the Police Departrnent did the upgrade to the radio system. Vice Mayor Paterno asked if they would be using a side saddle for the gun, depth finders, etc. Chief McCollom noted they will have to install the side saddle, but would be taking it off the old boat. He mentioned the new boat did not come with any electronics, and did not plan on putting it on. 15 Minutes - Village Council Regular Meeting 08/17/06 Page 16 Vice Mayor Paterno felt the police department may want to gage the depths, because some areas are very shallow and make run aground. Village Manager Couzzo felt the new boat would have less problems than the old boat because it does not go as deep in the water. Council Member Genco cornmented there is only a sma11 area of water contiguous to the Village. Vice Mayor Paterno noted there are no markers in the water between his home and it is very easy for people to get stuck. Council Member Genco suggested letting the Inland District know because they had lost markers during the hurricane. Vice Mayor Paterno commented there never has been any markers there. Council Member Watkins asked if the price included the trailer. Chief McCollom responded in the affirmative. Motion passed 4-0. 11(b). RESOLUTION 98-OS/06 — A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awazding a Bid to Nautica International, Inc., of Pembroke Pines, Florida for the purchase of a Nautica RIB 22' Widebody Watercraft in the amount of $63,236.00 and Authorizing the Village Manager to execute the applicable agreement. Attorney Hawkins read for the record the title of Resolution 98-OS/06. MOTION: Council Member YYatkins moved to ap�rove Resolution 98-OS/D6; seconded by Vice Mayor Paterno; motion passed 4-0. 12. RESOLUTION 99-OS/06 - A Resolution of the Village Council of the Village of Tequesta, Pa1m Beach County, Florida Awarding a bid to Chaz Equipment Company, Inc., for South Cypress Drive Streetscape Improvements in the amount of $631,020, for work to begin after October l, 2006 and proposed to be included in the 2006-2007 Budget with $36,OQ0 proposed in Capital Improvement Fund #301; $75,940 proposed in Water Utility Fund #401 and $519,210 proposed in the Stormwater Utility Fund #403, See attached E�ibit"A" incorporated by reference as part of this Resolution, and Authorizing the Village Manager to execute the applicable Work Authorization on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 99-OS/06. MOTION: Council Member Watkins moved to approve Resolution 99-OS/06; Mayor Humpage passed the gavel to Vice Mayor Paterno; motion seconded by Mayor Humpage. Mr. Russell White, Public Services Manager mentioned the project consists of drainage and water main improvements and streetlighting to the South Cypress area, between Pineview and Tequesta Drive. He noted the improvements also consist of some curbing and center islands that have streetlights, and landscaping. He commented the business owners on Cypress Drive are contributing to the landscape portion. He pointed out there was no landscaping in this contract, that would come from the business owners. 16 Minutes - Village Council Regular Meeting 08/17/06 Page 17 Mayor Humpage indicated 11 business owners gave $7,500 each for the landscaping, to satisfy Ordinance 377. Council Member Watkins stated the Village has been working a long time on this project. Village Manager Couzzo indicated Staff has trimrned down the total bid as far as possible. Mr. White explained the Village received 2 bids, one for approximately $758,000, and one was $722,000, which was way over the anticipated cost, so they had several meetings with the contractor, and reduced as much as they could out of the contract. He pointed out that construction costs are astronomical right now. Council Member Genco commented Jupiter did the whole south end of Cypress Drive for a little more than what this costs, less than three years ago. She pointed out that included the drainage. She noted the Village was only installing catch basins that would connect the drainage. Village Manager Couzzo agreed, and explained the Village is doing the same thing as Jupiter, and tying into the drainage system. He mentioned he sent Council a memo from the Village engineers, the construction environment is incredibly unpredictable, and the margins the contractors are using are twice what they were eight months ago. Council Member Genco pointed out Council reviewed this project approximately four months ago, and it was estimated at $200,000 to $300,000, and now it is proposed at $631,000 and that is not including the landscaping. Village Manager Couzzo explained that is a reduction from the $700,000 that was bid. Council Member Genco noted this project is only 1,200 linear feet, or 2/10 of a mile. Village Manager Couzzo explained another project, the expansion of the RO Facility the Village is doing is coming in over $2.5 million. Vice Mayor Paterno commented the WTP additional train. Council Member Genco suggested getting some cost justification on the train project. She commented the Village is going to have to produce a lot of water to pay for the train project. Village Manager Couzzo noted the Village simultaneously when putting on the train, will be taking themselves off the Jupiter water. Council Member Genco felt the Village was almast flat without putting on the train. Village Manager Couzzo noted the Village would not have the water capacity. He indicated if the Village does not put the train on, they would have to continue to purchase water. Council Member Genco felt the original projections were almost flat. Vice Mayor Paterno explained the Village would have to run 100°/Q, but they would overload the system. Council Member Genco commented she was having a hard time understanding the curbing and guttering on the drawings. Mr. White pointed out there was a lot of curbing due to the center islands. Council Member Genco noted there were two different types of curbing going in, a D and F curb, and all together almost 2,000 linear feet, plus valley gutters. She felt they were curbing and guttering the entire project. Mr. White explained with both types of curbing, it was a total of 2,000 linear feet. Council Member Genco asked why the Village was doing a11 this curbing, when Jupiter did not have it that way; and why was the Village not matching what Jupiter did. Mayor Humpage noted Jupiter put in seven landscape islands. Council Member Genco agreed they put the seven landscape islands in; and angled the roadway, directed the water flow, and installed the dra.inage, for a lot less money. Village Manager Couzzo noted Council could do it another way, but they would have to reengineer it. He indicated this was the direction 17 Minutes - Village Council Regular Meeting 08I17/06 Page 18 Council wanted when they reviewed the plan last year. Mayor Humpage pointed out it was $300,000 also last year. Council Member Genco commented she understood the asphalt going into the parking areas was going to be clean. She felt this plan was going to be directing people into areas, and there would be a lot of curbing that trucks would be running over. Mayor Humpage reviewed the island's lengths, and commented he was instrumental in getting this area up, because this is the only place that is not in compliance with Ordinance 377. Council Member Genco agreed the Village needed to do the project, but felt the contractor may be giving things that was not needed. Mr. White indicated Staff had talked down the contractor from the original bid price. He noted there is 1200 feet of D curbing, which is all the center islands. Cauncil Member Genco felt there could not be that much curbing in 2/10 of a mile. Mr. White stated the Village is only going to pay for what they install, and if it ended up being 800 feet that is what the Village would pay. Council Member Genco felt that is what the engineer on the project is to ta.ke care of. She mentioned the curbing and valley gutters are concrete and that is what drives the price up. She reviewed the proposal and felt everythuig else looked sensible, but she did not want to see the businesses where the trucks are have concrete curbs. She noted in commercial areas the concrete gets broken and beat up, and felt the Village would be throwing their money away. Mr. White noted the plan left room for the trucks to get in to the business azeas. Council reviewed the plan for the concrete curbing. Mayor Humpage pointed out the plan goes all the way to Walkers Warehouse. Vice Mayor Paterno asked if there would be curbing by Walkers also. Mr. White reviewed the plan and responded the sidewalk at Walkers gets tied into the plan. Mr. White pointed out the different areas for the curbing. Council Member Genco commented Jupiter did not do all that work. Mayor Humpage indicated Jupiter did an island at Riverside, and six little turnarounds. Council Member Genco felt this plan would make the area look weird with Jupiter's. She noted she could see the trucks running over the curbing. Council Member Watkins indicated Tequesta needed to do something since the business owners had put in their money. Vice Mayar Paterno noted even if the curbing was taken off it would only be about $38,000, and would not change the price. Council Member Genco agreed if they take the curbing off it would anly lowered the project by $50,000, but the Village would not be throwing money away because of the trucks running over the curb and breaking it. She commented this would also be a maintenance issue. Vice Mayor Paterno felt the Village should curb the islands. Council Member Genco agreed. Mayor Humpage commented the drainage is the most cost. Vice Mayor Paterno asked about the sidewalk. Mr. White noted there would be no sidewalk since it is commercial. Council Member Genco felt the valley gutter would make more sense than the D curb. Mr. White noted the D curb was around the islands, and the F curb is in front of the businesses. Council Member Watkins noted if the Village waits, it will only get worst. Village Manager Couzzo noted the engineers looked at all the turn radiuses, access points and curbing in the original design. He commented Staff could go back and look and trim it down. Council Member Watkins asked if the Village could proceed with the drainage. Village Manager Couzzo commented Council can award the contract, and if Staff could 18 Minutes - Village Council Regular Meeting 08/17/06 Page 19 reduce the plan in the process, they will reduce it and have change orders to reduce the cost. Council Member Genco indicated this was not included in the budget. Village Manager Couzzo stated the money is in the budget. He mentioned he would be getting Council a revised budget from the discussions at the Workshop. Consensus of Council agreed to have Staff take another look at the plan to reduce the curbing. Mayor Humpage commented the construction costs are much higher now than 18 months ago. Council Member Genco commented if the Village could reduce the curbing, it would not make the business areas look so different than Jupiter. She felt the drainage and landscaping would probably stand out by itself. She pointed out the angle paxking. Mr. White suggested small planting azeas could be added to reduce the curbing. Vice Mayor Paterno pointed out the curbing would keep the vehicles out of the plantings. Council Member Watkins wanted to thank the businesses for contributing their portion for the landscaping. Village Manager Couzzo stated this satisfies their portion of Ordinance 377. MOTION: Councid Member Genco moved to approve Resolution 99-OS/06, subject to Staff taking a review of reducing some of the curb area; Mayor Humpage suggested Council direct Staff to be more creative with the curbing; Attorney Hawkins stated Council would need to withdraw or amend the motion. MOTION: Council Member Watkins moved to amend your original motion, approving Resolution 99-OS/06, subject to Staff reducing the amount of curbing; Mr. White noted since it will be done in the next fiscal year, he has time to get Council a set of plans; Council Member Genco suggested Mr. White drive the area, and look at the curbing; Mayor Humpage seconded the motion; motion passed 4-0. Vice Mayor Paterno returned the gavel to Mayor Humpage. 13. Council discussion and possible action regarding Council contributions "Aid to Community Organizations"(Account 001-100-582.800). Mayor Humpage noted the original list of contributions is included in Council packet. He commented at the last meeting Council asked for letters, and no one had requested funding. Council Member Watkins commented Ms. Gwen Reeves, Principal contacted the Village regarding Jupiter Elementary School Preservation. She noted it was not something the Village could significantly help out in funding; they are trying to raise $2.5 million; but she felt if Council could do an additional $1,000 or $2,000. Mayar Humpage commented he was asked what happens to the funds if they do not raise the money. Council Member Watkins indicated she did not know. Council Member Genco felt they would have to ask the Village's permission or return it. Council Member Watkins asked if Council could do it subject to finding out that information. Council Member Genco noted if they do not use it for the preservation, they could use for the classrooms. Mayor Humpage indicated he would like to know where it is going. Vice Mayor Paterno suggested making one motion for all the contributions. Consensus of Council agreed. 19 Minutes - Village Council Regular Meeting 08/17/06 Page 20 Mayor Humpage indicated Ms. Dottie Campbell is requesting additional funds fore Busch Wildlife Sanctuary. Council Member Genco suggested contributing to the West Jupiter Community Group, Ms. Edna Runner for school supplies for the under privileged children. Council Member Watkins noted the school is on Church Street. Council Member Genco suggested contributing $1,000 or $2,000 to the group. Vice Mayor Paterno felt the Village should give the contributions to groups that service our community. He suggested they could also give to Limestone Elementary, Jupiter Middle School, Busch Wildlife, and Lighthouse Center for the Arts. Mayor Humpage pointed out a lot of Tequesta.'s preschool children go to this school. Vice Mayor Paterno noted most of the children are from the Limestone area. Council Member Watkins suggested $2,000. Consensus of Council agreed. Mayor Humpage commented Ms. Campbell wanted $10,040, but would take $5,000. Council Member Genco noted Tequesta. does not have a humane society, and she would not mind giving $3,500. She asked for an additional $1,000 for Lighthouse Center of the Arts, because they run a very good summer program. Mayor Humpage noted he has raised approximately $40,000 for the Public Safety Memorial all through private funds. He explained when the Village has the Golf Tournament they could get additional funds and it could go up to $50,000. He suggested the Village contribute $1,000 towards the memorial. He pointed out as a good faith gesture the Village should; and they have applied for a grant, since the County allows up to $100,000 for public art. He commented he has met with Mr. Robert Garlo, Assistant Village Manager and they have brought in Lighthouse Gallery and they have applied £or $50,000 to match what they have raised. Consensus of Council agreed to contribute $1,000 to the memorial. Vice Mayor Paterno suggested the local schools, such as Jupiter Middle or Limestone Elementary. He proposed $2,000 for each school. Consensus of Council agreed. Council Member Watkins commented if Jupiter Elementary School Preservation does not use the money for the preservation, she would like the school to keep the contribution and use it elsewhere. Consensus of Council agreed. Council Member Genco suggested contributing to Jupiter Medical Center. Vice Mayor Paterno suggested additional funds for Lighthouse Center for the Arts in the future. He noted to lose them would be a great lost for Tequesta. Mayor Humpage agreed, and noted they will be instrumental in getting the grant for the memorial. Council Member Watkins suggested giving an additional contribution of $4,000 this evening, for a total of $5,000. Consensus of Council agreed. 1. Busch Wildlife Sanctuary $3500 2. Jupiter Elementary School Preservation $2000 3. Jupiter Middle School $2000 4. Limestone Creek Elementary $2000 5. Lighthouse Center for the Arts $4000 6. West Jupiter Comrnunity Crroup $2000 7. Public Safety Memorial $1000 $16,500 20 Minutes - Village Council Regular Meeting 08/17/06 Page 21 MOTION: Council Member Watkins moved to approve the above contributions in the amount of $16, 500; seconded by Council Member Genco; motion passed 4-0. 14. Discussion and possible action regarding annual Performance Recognition Compensation (PRC) for Village Manager. Mayor Humpage mentioned Council is not trying to fmd a number this evening. He commented Council usually delegates one person to review; he suggested Council should write down the good things he has done, and the bad things he has done, and pick their own nunnbers, and work it out. Council Member Watkins noted this evening issue is should Council do it. She suggested Council should move forwazd with doing it. Vice Mayor Paterno explained Council had reviewed some goals they would like to see him achieve, and review them. He suggested the Clerk provide the minutes of the meetings, so Councii could go through. Village Manager Couzzo indicated the Clerk would distribute the minutes in their mail distribution tomorrow. Consensus of Council agreed to bring up at the next Gouncil meeting, and go into next year also. Council Member Genco noted Council gets the list of what he had last time, and they submit what they want added, and discuss it at the Council Meeting, and how they are going to prioritize. Consensus of Council agreed to have the Clerk supply the minutes of ineetings, and move forward with this for the next Council Meeting. Vice Mayor Paterna asked what was left remaining in charitable contributions to go back into the General Fund. Mayor Humpage indicated $16,500 was spent and that $8,200 is left. X. ANY OTHER MATTERS Villa�e Hall — Council Member Watkins stated the Village Hall would soon be completed. She noted in a past meeting, Council discussed the Village Ha11 did not have enough marble from the old building to do all of the Village Ha11 floor and new marble would have to be bought to do it. She expressed her intent was not to offend the Memorial Committee and suggested using the wall as the Memorial by using the marble from the old building, with names inscribed in it and to have it lit at night. She stated she would like to have a meeting with the Committee Members and invite Ms. Resnik to discuss her suggestion. Council Member Genco stated she a.lready spoke to the Committee. She stated she had asked about it and noted a few years ago, Village Manager Couzzo told her the marble was available and at that time he planned to do something with the water fountain. She noted there was also the suggestion to use the marble for the wall and inscribe the names on it. She stated the Committee decided to do the freestanding mausoleum. Council Member Genco stated she asked that the committee be given the marble wa11 memorial suggestion as an alternative but they were never given that alternative. She explained she asked the Committee Members if they considered the alternative or discussed it and they told her no but they thought ifi was a good idea. 21 Minutes - Village Council Regular Meeting 08/17/06 Page 22 Village Manager Cuozzo stated the Committee Members may not have received the alternative suggestion but the Mr. Resnik got it and he was not in favor of the concept. Council Member Watkins stated she would still like to offer the alternative to the Committee. Vice Mayor Paterno asked whose names would be inscribed on the memorial. Village Manager Couzzo sta.ted the committee would recommend the names. Vice Mayor Paterno expressed he had a hard time with the idea of putting names on the Memorial. Council Member Genco suggested the Committee could have a criteria for the names inscribed on the memorial. She explained the original idea was to put the names of all the past Council Members and the years of their service. She stated Mr. Resnik decided to make it open for people who had loved ones and relatives on the Memorial. Village Manager Couzzo stated the Committee already had a criterion. Council Member Genco stated she had a whole package on it. Mayor Humpage stated he agreed with Council Member Watkins' idea and expressed he did not want a freestanding mausoleum. He suggested Council have a workshop on it in the future with the committee. Village Manager Couzzo agreed. Vice Mayor Paterno expressed he was thinking of a mausoleum because the number of names, and those not included may cause conflict. Council Member Genco stated the Village had the Bronze plaque, the Indian head. She suggested that could go in the center of the stage. Village Manager Couzzo noted there was a window like feature on the wall in the center of the stage area. He suggested the Bronze Indian head be placed there. Mayor Humpage suggested Council have a workshop for the memorial. Village Manager Cou2zo stated last year $10,000 was budgeted for a Memorial. He stated it had not been spent, he did not intend to spend it this year, and he wanted to fmd out where Council wanted to put that money. He explained the Village had the Bronze Indian Head and noted there was the Wall Memorial. Council Member Genco stated the $10,000 would cover part of the memorial. Council Member Watkins stated the Committee should see it as well. Council Member Genco sta.ted they should be apart of it, and should be presented the alternative. Village Manager Couzzo sta.ted he would try to schedule a workshop and suggested he move the money from this year to next year. Mayor Humpage stated Mr. Couzzo could move the money because he could always put it back. Mayor Humpage stated he met with Ms. Jamie Steve at the Loxahatchee River Historical Society about the painting of the Indian Scene. He explained Ms. Dottie Campbell commissioned an artist to paint a scene of the Tequesta Indians for the Village of Tequesta's 25�' anniversary. He stated the statue was controversial because of an Indian Woman's chest that was exposed. He stated the painting was removed from the Original Town Hall. It was placed in the museum. He stated the museum was giving the painting back. He explained the museum told him if the Village decided they did not want to use the painting, the museum had first right of refusal. He explained Village Clerk Carlisle would write a deed of gift. Vice Mayor Paterno asked where it would be placed. Mayor Humpage suggested it could be placed in the conference room. Vice Mayor Paterno commented the idea would be for people to see and appreciate it. Mayor Huxnpage stated the Village had plenty of time to decide before they got the painting back. 22 Minutes - Village Council Regular Meeting 08/17/06 Page 23 XI. ADJOURNMENT MOTION: Vice Mayor Paterno moved to adjourn the Meeting; seconded by Council Member Watkins; motion passed 4-0. Therefore, the meeting was adjourned at 10:00 p.rn. Gwen Carlisle Village Clerk 23