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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_08/11/2005 MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE Ct�UNCIL MEETING THURSDAY, JULY 14, 2005 I. CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayar Jim Humpage at 7:00 P.M. A roll call was taken by Gwen Carlisle, Village Clerk. Present were: 1Vlaqor Jim Humpage, Vice Mayor Pat Watkins, Council Member Edward D. Resnik, Council Member Geraldine A. Genco, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Cl�rk Gwen Carlisle, and Department Heads. II. iNVOCATION AND PLEDGE OF ALLEGIANCE Council Member Genco gave the invocation, and led the pledge of allegiance to the flag. III. PRESENTATIQN5 1. Presentation from Florida Atlantic University Honors College - Mr. Mazk Tunick, Interim Associate Dean Mr. Tunick thanked Council for allowing him to speak regarding the Honors College. He gave a brief overview of the history of the Honor's College and noted it was only 1 of 4 Honor's Coltege's in the Counhy. He stressed that it is a"Public Institution" and pravides stud�ents with residential housing. He noted the students at the college were required to write a thesis and study aboard. He commented at #his time there were 123 alumni. He pointed out FAU will be working closely with Scripps in hopes of bringing students back to our community. He commented FAU will be hosting a Research Day in April, and the �ollege will ha.ve two open houses in November and Mazch for new students and anyone interested in attending. Council Member Genco asked if Mr. Tunicl� had any information on the Beach Ba11. 1V�r. Tunick mentioned there was information available on the website for anyone interested in the schools events. He indicated he did not have specific information on the Ba11. Council Member Genco noted it was very interesting that the students were required to travel abroad. Mr. Tunick explained it was a very important aspect af the college. Vice Mayor VVatkins commented the school was a wonderful addition to the North County azea, and that it had earned such a grea.t reputation. Mayor Humpage thanked Mr. Tunick for his presentation. MINUTES - Village Council Regular Meeting 07/14/OS Page 2 2. Proclamation declaring August 2, 2005 as National Night Out in the Village of Tequesta. Mayor Humpage read the proclamation in its entirety, and presented it to Police Chief Steve Allison. Chief Allison noted this year's event would be held in the parking lot of the First Baptist Church of Tequesta due to the renovation at Constitution Park. He mentioned this year's event will be bigger and better than last year, and noting Tequesta. was 1 of 34 cities under 15,000 last year that received National recognition. He invited everyone to come out August 2, 20U5, at 7:00 P.M. Council Member Genco questioned who would be in the dunk tank. Cluef Allison noted it was undecided. IV. APPROVAL QF AGENDA Mayor Humpage noted Item 15, T'he Crossings Water Service Agreement, and Item 24 the Award of Contract for the new Village Ha11 were deleted. He mentioned Item 15 wa� deleted at the request of the applicant, Cornerstone Tequesta, LLC. Council Member Genco questioned whether there was a problem with Item 15. Village Manager Couzzo indicated when the calculations were done for the Capital Connection charges, because there was a previous development on the site, there were some credits, and an interpretation was being done regarding the value of the credits. He noted the Village Attomey, and Mr. Russell White, Public Services Manager had reviewed, and the applicant was contacted toda.y, and he felt they had come to a resolution on the matter. Council Member Genco removed Items 4, 5, 9, 11, 13, 16, 18, 20, and 21. Council Member Paterno removed Item 17. MOTION: C`ouncil Member Genco moved to approve the agenda, as amended; seconded by Council Metnber Resnik; motion passed 5-0. V. ITNFI1�iISHED BUSINESS - Nane VI. STANDING REPORTS VILLAGE ATTORNEY - Siegel Case — Mentioned he just filed a motion far summary judgment on Siegel case Number 4. VILLAGE MANAGER - Agenda Itern 24 — Mentioned after discussion with the architect, the pre- qualified contractors for the new Village Hall were ha.ving a hard time 2 MINIJTES - Village Council Regular Meeting 07/14/OS Page 3 meeting the bid time schedule a.nd have requested additional time. He rnentioned the construction schedule was previausly unrealistic, so the bids would be opened next Tuesday, July 19, 2005 at 1:00 p.m. He mentioned the item will be on August Council Meeting, noting the time frame has been moved up to 300 days, so it would be May or June 2006 for completion. He felt the contractors would have added penalties to the priee tl�at the Village would have charged them for being late. He mentioned everything seemed to be right on target. VII. CONSENT AGENDA All items listed zcnder Consent Agenda are considered routit�e and will be enacted hy one motion. There will be no separate discusszon of these items unless a Village Council Member sa requests, in which eveMt the item widl be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Ma.yor Humpage noted Item l5, Water Service Agreement was deleted. Council Member Genco removed Items 4, 5, 9, 1 l, I3, 16, 18, 20, and 21. Council Member Paterno removed Item 1?. MOTION: Council Member Genco moved to approve the Consent Agenda, as amended; seconded by Council Member Resnik; motion passed S-0. Therefore the following items were approved on the Consent Agenda. 3. P�anning and Zoning Advisory Board Meeting Minutes June Z, 2005. 6. Special Master Meeting Minutes of May 26, 2005. 7. General Employees Pension Board of Trustees Meeting Minutes May 10, 2005. 8. General Employees Pension Board of Trustees Special Meeting Minutes May 17, 2005. 10. Council approval for a Tertnination Agreement between the Village of Tequesta, Bayview Terrace Homeowners Association and Shady Lane Homeowners Association regarding Homeowners' Assoeiation Park. 12. RESOLUTION 76-04I05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN TNTERLOCAL AGREEMENT BETWEEN THE SOLID WASTE AUTHORITY OF PAL1V1 BEACH COUNTY AND THE VILLAGE OF TEQUESTA THROUGH WHERE THE VILLAGE WTLL BE RESPONSIBLE FOR THE C�ST OF COLLECTING DISASTER DEBRIS AND DELNERING IT TO THE 3 MINIJTES - Village Council Regular Meeting 07/14i05 Page 4 SITE, AND FOR THE COST OF HAVING THE SWA MANAGE AND DISPOSE OF THE DEBRIS DELIVERED. 14. RESOLUTION 78-0�/OS — A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH C4UNTY FLORIDA, AMENDING AND INCREASING THE 2004/2005 GENERAL FUND #001 BUDGET BY INCREASING REVENUES IN ACCOIJNT # 001-171-366.000, CONTRIBUTIONS AND DONATIONS, IN THE AMOUNT OF $9,OOO.QO AND INCREASING THE FOLLOWING EXPENDITURE (S): ACCOUNT #001-175-664.601, COMPUTER EQUIl'MENT IN THE A.MOLJNT OF $9,000.00. 15. nE��T�T��� 04��--�-$�nr 7 Q T�rT n� •ru� �Tn r n�� ��� oi -�-� � � r r��r-���p�' �-n-f���1�-�A� ��TTV� T.'� A�,T TLTP. t77T T A!'!L' 11dAATA!'S�'i� T -rv�At�t'c- - ���i -n v -- �i� - �e ����� ..�"i�"� `—�iiiTr cvr��tE1^CS7 !l � � . A 7 T lIiITTAT!'' TL7� �YD AILFCrTlIAT tl� TII� �S7 A T�U C"VC"1'�A.f i3 A �77�F�` !'� A DT'T A T �1t'V��l..�'t`T�FF�-'��.�v�0'i-yn't-✓z�v z4��L��.�$��� ��—�t�4�A�rz"-��R—���r'�zn oT� .DELETED 19. Council approval to renew the Lease Agreement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the Village of Tequesta for Tequesta Pazk. END OF CONSENT AGENDA ITEMS REMOVED FROM CONSENT AGENDA 4. Village Council Regulax Meeting Minutes June 9, 2005. � Council Member Genco removed Item 4 to discuss Page 27, Paragraph 1 regarding Council direct�ng Village administration to go ahead and� process the Atlantis project as a Special Exception. She explained she had not realized until she read the minutes, what Council had done. She stressed the Special Exception process requires it to come before Gouncil for conceptual approval before it goes befare a site plan review, wluch is what the Planning and Zoning Advisory Boazd does. She indicated she was just pointing it out because the Village was hying to get the process down, and when the Village has a Speci�l Exception the first thing is for Council to do a conceptual review. She commented if Council approves it according to our code; then it goes to a site plan review. She noted both of reviews are two separate permit applications, and they both have individual fees. 4 MINUTES - Village Council Regular Meeting 07/14/OS Page 5 Council Member Genco commented this was for Council's information, and hopefully, when the Vxllage gets another one, if there is another, the Village would have the process in order. Vice Mayor Watkins asked for clarification. She indicated Council did not want to grant them a workshop, but asked whether the applicant would have come to Council first, before Planning and Zoning Board review. Council Member Genco explained whenever the Village has development that has a Special Exception that meets that criteria; the process in the eode boak says the first thing that they were supposed to do is bring a conceptual to Council for review. She noted if Council agrees in principal with the concept, it does not make it finat. Vice Mayor Watkins noted Council would then review it for a Special Exeeption. Council Member Genco noted another example vvould be if the Village allowed only two stories in a zoning area, but allowed three stories by special exception, then in that case if the developer wanted the tt�ird story they would have to come in as a Special Exception; and under the Special Exception process they would present their plan and Council could negotiate with them whether to hold it to two stories, or allow them to go to three stories. She indicated once the conceptual was approved, which could have other matters, the applicant could put the ef�ort and time to develop the plan and bring the site plan back through the regulaz process. Council Member Genco pointed out the applicant requested a one item agenda, public hearing. Mayor Humpage agreed, but not�d on the top of the minutes Page 27, the applicant had stated they were not applying for a Special Exception, wha.t they were doing that night was asking to feel Council out. He noted Council did not grant them the right to bypass the system, and that Council was not allowing them to come forward and test the waters to see what they wanted in their site plan. Council Member Genco felt that was not what they requested at the last meeting. She explained Atlantis had submitted an application for a Special Exception, and when they submit an application that was telling Staff they were applying for a conceptual approval. She noted when the Village has something come in on a Special Exception application, the Village is suppose to review it as a conceptual. She mentioned tl�at was under the Special Exception process, and once it passes that process, then it comes back to Council as a regular site plan review, after the Planning and Zoning Board review. She noted that is the process tha.t is spelled out in the code, and stressed if she misspoke at the last meeting about the process; she was going on the record for clarification. MOTI4N: Council Member Genco moved to approve the Minutes of the .June 9, 2405 Regular Councid Meeting, as submitted; seconded by Vice Mayor Watki»s; motion passed S-0. 5 MINLTTES - Village Council Regular Meeting 07/14/OS Page 6 � 5. Village Cauncil Special Meeting Mi�:utes IVIay 24, 2Q05, Council Member Genco suggested on Page 7, Paragraph 2, First sentence, Delete, "may" and Insert "must". Consensus of Council agreed. MOTION: Councad Member Genco moved to approve the Minutes of the May 24, 2005 Special Meeting; seconded by Vice Mayor Watkins; motion passed S-0. 9. Budget Adjustments for the Month of June- Juiy 2045. Council Member Genco noted the fourth item was a memo dated 7/08/2005 fram Assistant Manager Garlo with Staff recommending the transfer of $40,000.00. She felt the total amount of the transfer was $50,000.00. Ms. JoAnn Forsythe, Directar of Finance indicated there were many budget adjustments included in the backup, and one was for legal fees for $37,870.00. She noted the $12,128.�0 was for the Police Depaztment and was a stand-alone item. Council Member Genco questioned why $40,000.00 was being transferred instead of the $37,870.00. Village Manager Couzzo agreed the transfer was for $37,870.00. Council Member Genco read for the record $37,870.00 was being transferred from account #001-990.599.902 into two accounts: #001-140.531.3U8, $1Q,OOOAO and #001-140.531,301, $27,870.00. Council Member Genco asked if it was possible to do an intra-department transfer rather than ta,king it out of the savings account. Village Manager Couzzo indicated it was not coming out of fiuid balance, that it was coming out of the General Fund Operating budget that had a contingency of $50,000.00. Council Member Genco questioned why Staffwas transferring $11,800.00 from Water Department Engineering Services to Water, Other Contractual Services to pay Public Affa.irs Consultants. She asked why the bill for Jack Cory was being paid out of the Water Department Enterprise Fund. Mayor Humpage questioned whether the study he did was on the water. Village Manager Couzzo mentioned Mr. Cory helped in securing over $400,000.04 in grants from South Florida Water Management District (SFWMD). Council Member Genco mentioned the Village had applied for those grants on their own. Village Manager Couzzo indicated Mr. Gory helped the Village through the process on the legislative and lobbying side. He felt the monies should be taken from the closest apprapriate fund as p+ossible. Mayor Humpage commented if Mr. Cory did something for Tequesta Park that should come out of Park� and Recreation monies. Village Manager Cou7zo indicated the money would come from the General Fund, because it fa11s under the General Fund. Council Member Genco commented if Mr. Cory's services were going to be charged to the �Vater Enterprise Fund then the other accounts should be charged in a consistent manner. 6 MINUTES - Village Council Regular Meeting 07/14/OS Page '7 Council Mernber Genco mentioned last year she specifically asked about a $36,000.00 in the general administrative budget, and she was told it was for Mr. Co�ty. She questioned where the original $36,000.00 was spent, and why additional money was being taken out of Water Department for Engineering Services. Ms. Forsythe commented the reason for the transfer was because Mr. Ori's fees had not been budgeted and were charged to the Water Department's Engineering Professional Services. She mentioned there was not enough money in the account to pay for Mr. Qri and Mr. Cary. She mentioned she would research the charges before she could make an opinion. Council Member Paterno noted he also had questions on the legal fees. He asked why the money was not paid out of the budget that was receiving the services, such as Parks and Recreatio� matters being paid out of Parks and Recreation. He felt that would show where the legal fees were actually being used. Village Manager Couzzo indicated that could be done, but noted when doing fihe budget it was a guess at which departments would use legal fees. Council Member Paterno commented it was very diff cult on the bills to know what the fees were attributed to. Vice Mayor Watkins asked if the legal bills referenced a particulaz service. Village Manager Couzzo felt the bills referenced the type of service, and Staff separates them by fund. He indicated if it was Council's desire they could be separated, and he could add a legal line in every budget. He noted for the most part they would all be in the General fund. Council Member Genco suggested each department could allow at least $5,000.04 in legal fees per year, and if they were not usec� they could be transfened ta cover the legal fees in another budget. Mayor Humpage suggested pulling this item, for follow up. Consensus of Council agreed. Council Member Genco questioned �he budget adjustment from Water for the purchase of $2,500.00 for computer equipment and $1,500.00 for Bonus Pay plan. She menrioned two years ago $114,000:00 was spent for computer equipment for the Water Department. Mayor Humpage noted. there were issues in the softwaze at th� Water Plant and an upgrade and interface was needed on the telemetry system to aceomtnodate Jupiter Hilis. Council Member Genco questioned the $1,500.00 bonus pay, and felt that should have been budgeted. Ms. Forsykhe commented that was a bonus given to Supervisor Renee Rebecchi because she found $40,000.00 worth of recurring revenue the Village had not charged, and she ha.d also taken on additional duties. She indicated Village Manager Couzzo suggested giving her a one-time bonus. Mayor Humpage felt it would help Council to understand the transfer if Staff coutd give a small nazrative for the adjustment. Village Manager Couzzo agreed when Council receives a transfer Staff would include a narra.tive. Consensus of Council agreed. � MINLTTES - Village Council Regular Meeting 07/14/OS Page 8 Council Member Genco suggested accepting the transfers; subject to Staff providing additional information: 1) The July 8 memo from Bob Garlo regarding the $40,000.00 supplement; and 2) $11,800.00 on the Engineering Services, Other Contractual Services for Public Affairs Consultants. MOTION: Councid Member Genco moved to accept the budget adjustments subject to additional information; seconded by Vice tt�fayor Watkins. Village Manager Couzzo commented Staff would transfer $37,87Q.00 far legal fees instead of the $40,000.00 as requested in the Bob Gaxlo memo. Consensus of Council agreed to the budget adjustment. Motion passed S-0. 11, RESOLUTION 71-04/OS — A RESOLUTION OF TI� VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM �EACH COUNTY, FLORIDA PROVIDING FOR THE 2QU5 S�HEDULE OF USER FEES FOR PRE-HOSPITAL EMERGENCY MEDICAL �ERVICES, IN ACCORDANCE WITH T'HE VILLAGE CODE OF ORDINANCES, CHAPT'ER 34, ARTICLE V, SECT'ION 124, ESTABLISHMENT AND REVIEW OF FEES; REPEALING TI� EXISTING SAID USER FEES; PROVIDING FOR SERVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Genco removed this item so the public could be informed on the rate increase. Chief James Weinand, Fire Ghief noted what Council had before them was a recommenda.tion to revise the EMS transport fees. He commented the fees have not been adjusted for a couple of years, an►d they found the Village was actually charging less than what was allowable for Medicare. He mentioned with the praposed ALS rate, if someone were to be transported 4 miles it would increase from $340.00 to $391.00. He explained once Medicare paid the 84%, and everything else was written off, the individual resident would see an inerease of $6.76. Council Member Paterno questioned which account had the EMS revenues. Chief Weinand explained there was a separate account for EMS transport fees. Mayor Humpage asked the difference in ALS-1 and ALS- 2. Chief Weinand explained Medicare changed the rules a few yeazs back and placed 7 or 8 different levels, and they pay according. He pointed out for an ALS Level 1 that would be a basic paraznedic service, for a ca11 that requires two or more intervasive procedures it wauld be an ALS-2. He indicated a real bad trauma or cardiac arrest would be an ALS-2. Attorney Hawkins read for the record the title of Resolution 71-04/O5. 8 MINLJTES - Village Council Regular Meeting 07/14/OS Page 9 MOTION: Vice Mayor Watkins moved to approve �2esolution 71-04/O5; seconded by Council Member Resnik; motion passed S-0. 13. RESOLUTION 77-Q4/O5 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR THE PURPOSE OF SHARING ACCESS TO PALM BEACH COUNTY' S DIALOGIC GEOGR.APHIC-BASED ALERT AND NOTIFICATION SYSTEM AND AUTHORTZiNG THE MAYOR T4 EXECUTE THE SAME ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title o� Resolution 77-04/O5. Chief Steve Allison, Police Chief gave a brief overview of the system. He mentioned this was sometimes called the reverse 9 i 1. He mentioned this agreement would allow the Village to share access to the County's Dialogic Geograpluc-based System. He explained the system coulci draw a • box around a certain location a.nd record a message, and send it to everyone in that azea. He mentioned access to this system would a11ow the Village to make emergency or public service announcements to ali or selected portions of the Village using the system's 58 telephone lines. He indicated the eharge would be $3,000.00 per year for the next three years. . Council Member Paterno asked if the system could be used for other things other than disasters. Chief Allison noted it could also be used for training, and other purposes. Couticil Member Patemo asked if other departments could place a message, or if it was only be used by the Chief. Chief Allison noted the Communications Supervisor would be controlling this system, but it could be used to put out notices. He mentioned this would be a way to get out a message very fast, such as boil water notices. Council Member Paterno felt the Village should tal�e advantage of this type of system in a lot of different ways. Chief Allison commented it could also put out a group message. Mayor Humpage noted one of the thing� he just found out recently was if someone for example was in Tequesta Park, and felt faint and dialed 911, and then collapsed, the dispatch could key in to the exact location. He mentioned he was impressed with the systems capabilities. Chief Allison commented this system was warking quite well with Sprint and Ne�el systems and were very liable for the mapping. MUTION: Council �i�Iember Resnik moved to approve Resolutfon 77-04/OS; seconded by Vice Mayor Watkins; motion passed S-0. 9 MINUTES - Village Council Regular Meeting 07/14/05 Page 10 16. RESOLTIIION 80-04/OS — A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, A QUOTATION FRQM MURRAY LOGAN CONSTRUCTION, 1NC., WEST PALM BEACH, FLORIDA, FOR REPAIRS TO THE TEQUESTA DRFVE BRIDGE IN THE AMOUNT OF $134,000, PIGGYBACKING THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, FOR WHI�H $165,000 WAS ALLOCATED IN THE FY 2005 CAPITAL IMPROVEMENT FUND (ACCOLJNT #301-315-653.605) Attorney Hawki.ns read for the record the title of Resolution 80-04/O5. � Council Member Genco asked if there would be any announcement or notice to the public of when this m.ight be starting and if it would afFect tr�c. Mr. Gary Preston, Director of Public Works commented this project should not affect traffic, but one lane would be closed at various times. He indicated the work would take about two weeks and it would be 30 days for the project to start, and should be completed sometime in the middle of September. Council Member Genco questioned whether the construction would cause a lot of noise or debris. Mr. Preston indicated there wouid be concrete cut and there will be a time period for noise. Council Member Genco asked if Staff would be informing the adjacent homeowners. Mr. Preston responded in the affirmative. Village Manager Couzzo indicated signs could be posted letting the residents know construction would be ta.king place. Council Member Genco questioned whether the same type of guardrail would be used. Mr. Preston noted this project was just the concrete work. He indicated they ha.ve worked on the northwest slope before and th$ guardrail should not have to be removed. Council Member Genco mentioned she norticed some of the communities were going to a newer type of guardrail. Village Manager Couzzo commented there were newer stainless steel guardrails, with galvanized posts instead of wood posts. Vice Ma.yor Watkins questioned whether it would be dangerous to cross the bridge during the construction. Mr. Preston noted as part of the contract there would be paid workers controlling the traffic. Council Member Paterno questioned ' whether the construction would impede the pedestrian tr�c. Mr. Preston indicated it would be one slope at a time, and they would probably close that side to pedestrians, but that it did not come up during the conversaxions. Village Manager Couzzo indicated Staff would check with the contractor. MOTION: Vice llfayor Watkins moved to approve Resolution 80-04/O5; seconded by Council Member Resnik; motion passed S-0. 10 MINLTTES - Village Council Regular Meeting 07/14/OS Page 11 17. RESOLUTION 81-04/OS — A RESOLUTION OF THE VILLAGE COLJNCTL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A PROPOSAL FROM WYNN & SONS ENVIRONMENTAL, CONSTRUCTION, INC., VVEST PALM BEA�H, FLORIDA, FOR INSTA.LLATION OF THE TEQUESTA LINEAR PARK PATHWAY IN THE AMOLTNT QF $119,79Q PIGGYBACKING THE TOWN OF JUPITER CONTItACT #EPW 2005- 25, WHICH $400,000 (ACCOL7NT# 303-399-663.675) WAS ALLOCATED FOR FEC IMPROVEMENTS IN 'THE FY2005 CAPITAL PROJECT FUND. Attorney Hawkins read. for the record the title of Resolution & 1-44/O5. MOTION: Council Member Genco moved to approve for discussion Resolution 81- 04/O5; seconded by Council MemBer Resnil� Council Member Paterno asked where on Tequesta Drive was the pathway going to start. He suggested it might be a good idea during the renovation that an additional right turn lane be installed. He felt Otd Dixie Highvw'ay would ha.ve more traffic after the Publix goes in. He noted he would not want to see the sidewalk go in and have it be torn back up. He suggested starting the path further back away from the roadway. Council Member Genco commented she felt the path was to go azound the corner. Council discussion followed the location of the pathway. Mr. Gary Preston, Director of Publie Works indicated the front edge of the pathway would start 33 feet in from the roadway. Viliage Manager Couzzo as�ed if it started west of the s�gnal box. Mr. Preston responded in the a.ffnmative, but noted the pathway swings unmediately to the east, and a turn lane could not be installed unless the pathway was moved. Council Member Resnik asked when a turn lane put into the plan. Council Mernber Genco noted the plans for the intersection did not have it. Mayor Humpage noted the location of the power poles, and felt the Village ma.y need to contact Department of Tra.nsportation (DOT). Mr. Preston noted the Village has asked previous for a turn lane, but the Counry would not grant it. Mayor Humpage asked whether Old D�ie Highway was a State or County road. Mr. Preston noted it was County maintained and felt the Village would need approval from DOT. Village IVlanager Couzzo noted that was a good idea, and suggested the cross section of the pathway could be moved out to the west. Mr. Preston felt the pathway could be moved 10-15 feet to the west. Vice Mayor Watkins indicated the old gower pole would be removed when the new mast arm was installed. Mr. Preston agreed. Council Member Paterno questioned whether the costs were more for concrete versus asphalt for the pathway. He mentioned the maintena.nce on the black top could be more than the concrete, but that the concrete would last 20 years and look better. 11 MINUTES - Village Council Regular Meeting 07/14/OS Page 12 Mr. Preston indicated he spoke with the contractQr and asked them if there was any way to do the pathway in concrete for $135,000.00, and he responded he could not come close to that figure. He noted he had spoke with the County why they did their pathways with asphalt and they commented because they could put in twice the amount of pathway using asphalt over, concrete. He mentioned the Village had worlced very hard to get a concrete pathway on Riverside Drive, and that was the only one approved. Village Manager Couzzo commented it was much more labor intensive to install concrete. He fe2t the asphalt on a pathway should last twenty years. Mr. Preston. noted there would not be any standing water on this pathway to reduce the life span. Council Member Paterno questioned how the area would be irrigated. Mr. Preston noted under this proposal there was 4 feet sections of sod in this location, and there would be not irrigation. Council Member Genco questioned whether the irrigation lines could be run dwring this project. She �uggested the irrigation line should be run now, so the pathway would not have to be dug back up. Council Member Paterno questioned why the area could not be sleeved. Mr. Preston indicated it could be sleeved. Village Manager Couzzo indicated Staff would review the area for installation of the sleeves. Council Member Paterno suggested keeping the hucks off the new asphalt so they do not destroy it, and who would be responsible if it was damaged. Village 1Vlanager Couzzo indieated it could be condition o� the contract that it pathway would have to be restored. Mr. Preston noted the trucks would be coming in from the narth end. Mayor Humpage asked if this would be a one-week project. Mr. Preston noted it would take appro�mat�ly two to three weeks. Mayor Htunpage commented on Item 2 in the proposal regarding the flagman at 40 hours, at $100.00 an hour. He felt that was a lot of money. Village Manager Couzzo noted that would include alI signage, barricades, etc. Motion passed S-0. 18. A} RESOLUTION 82-04lOS — A RESOLUTION OF TI-� VII.,LAGE COUNCIL OF THE VLLLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA APPROPRIATING UI*�RESERVED FUND BALANCE IN THE WATER FUND #401 AND THE STORMWATER FUND #403, INCREASING TI-� 2004/2005 WATER FUND BUDGET, ACCOUNT #401-4 i 1-664.600 (MACHINERY AND EQUIPMENT} Il�T TI-� AMOIJNT OF $49,000.00; AND INCREASING THE 2004/2005 STORMWATER FUND BUDGET, ACCOUNT #403-600-664.600 IN THE AMOUNT OF $49,000.04 AND AUTH0�2IZfNG THE VILLAGE MANAGER TO PRQCEED ON BEHALF OF THE VILLAGE. Cou.ncil Member Genco questioned the philosophy over the use of the loader and the time for actual hurricane debris removal. 12 1VIINUTES - Village Council Regular Meeting 07/14/45 Page 13 � Council Member Genco noted over a ten-yeaz period, at $10,00Q.00 a year would it actually be used more than a couple of weeks a year. Mr. Russell White, Public Sezvice Director cammented it would be used for more than hurricane debris removal. He felt there were a lot of uses, such as on the dirt roads going out to the well fields, and when Staff was doing road cuts, and hauling away asphalt. Council Member Genco noted there were no dirt roads in Tequesta. Mr. White no�ed it would be used to get to the wellfields in Tequesta Park. Village Manager Couzzo indicated it could be used for the constructian of the new retention area at the Village Hall site. He noted that was removed from the cost of construction, and brought in house to save money. Vice Mayor Watkins asked for the cost to rent the machine. Mr. Russell noted it casts about $1,500.00 per week. He mentioned when Staff rented the machines for the excavation of the R() pond it cost abaut $7,000.00. Village Manager Couzzo indicated Staff was trying to do more of this type of work internaily to save costs on projects. Vice Mayor Watkins asl�ed if there was some place to store the machine to keep it ou# of the weather. Mr. White indicated it would be stored inside the public works facility. He mentioned it comes with a 3 yard bucket that would serve as a multi-use bucket for many functions. Council IVlember Genco asked if other attachments were available to purchase. Mr. White indicated there were other attachments that could be purchased. Council Member Genco noted it would be too wide to use on patl�ways. Mr. White agreed. Council Member Paterno questioned how often the existing backhoe gets used. Mr. White noted at least a couple of times a week. Council Member Paterno felt an additional backhoe could be used and more versatile than the loader. Mr. White commented the Village does own two backhoes; one was in the shop and the other was parked over on the Island while the bridge was up in case of emergency, Staff would not have to drive it all the way up the island. Mayor Humpage pointed out this was not in this year's budget, and asked if the Village would still stay within the budget. He asked if these were truly excess funds. Mr. White indicated the money was coming out of reserves. Mayor Hurnpage asked whether the money would come from the water enterprise fund. Mr. White indicated half would eome from Water fund, and half would come from Stormwater. He nated during a hurricane this piece of equipment could cut the debris removal time tha.t Staff performs over and above what Nichols Sanita.tion does. Council Member Paterno questioned the remaining aznount of fiunds in the Stormwater account. He suggested maybe the water fund could buy it, so the funds in the stormwater account could remain for use in neighbvrhoods. Village Manager Couzza indicated the entire amount could come from the Water fund. Mayor Humpage asked if the Resolution would need to be amended. Village Manager Couzzo responded in the a.f�irmative. 13 MTNUTES - Village Council Regular Meeting 07/14105 Page 14 Mr. White felt there was adequate funding in the stormwater account. Village Manager Couzzo indicated there were ways to finance it. Council Member Resnik suggested approving the resolution as is. Consensus of Council agreed. Council Member Genco asked which department was the machine going to belong to. Village Manager Couzzo indicated it would belong Sa150 to water and stormwater. Council Member Genco asked on the unreserved fund balance if the Village was ma.intaining the 15%. Village Manager Couzzo mentioned the goal of Council was 20%, an.d at this time the goal had been exceeded and was now at 21 °lo. He indicated Council is going to receive a report regarding the fund balance. Mr. White indicated those were genera.l fund savings, not water. Attorney Hawkins read for the record the title of Resolution 82-04i05. MOTION: Yfce Mayor Watkins moved to approve Resodution 82-04/OS; seconded by Council Member Resnik; motion passed S-0. Village Manager Couzzo thanked Council and Mr. White for the purchase; he noted Staff has been working to increase and compliment the equipment the Village already ha.d to undertake on more projects, instead of contracting them out. He felt the equipment would pay for itself in the event of a hurricane. B) RESOLUTI4N 83-04/OS - A RESOLUTION OF THE VILLAGE C4TJNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARI)ING A PR4POS.AL TO NORTRAX, INC. OF MIAMt, FLORIDA FOR THE AMOUNT OF $97,579.93 FOR THE PURCHASE OF A JOHN DEERE 544J FRONT END LOADER, WITH FUNDING COMING FRQM THE STORMWATER #403-254 664.600 AND WATER FUND 401-411 664.600 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VII,LAGE. � Attorney Hawkins read for the record the title of Resolution 83-04/O5. MOTION: Vice �i�ayor Watkins moved to approve Resolution 83-04/O5; seconded by Council Member Resnik; motion passed S-0. 20. Council approval to enter into a Contract for Attorney Scott Hawkins with Jones Foster Johnstan & Stubbs, P.A. Council Member Genco indicated this was a new contract and asked if the Village had previously had a contract with Attorney Hawkins. Village Clerk Gwen Carlisle indicated there was no contract in the Village files. 14 MINUTES - Village Council Regular Meeting 07/14/OS Page 15 Village Manager Couzzo noted this contract was proposed so there would be an understanding of what the Village's expectations were; what can be budgeted; and what would be billed for; and it spelled aut the services that would be provided and the rates. He felt it was a housekeeping measure. Council Member Genco asked whether this contract for eonsulting services would need to go through the bid process since it would be over $SO,OOO.OU according to the staiues. Village Manager Couzzo noted his understanding of the Florida. Sta.tue was that it did not cover Attorney services. He noted it was for azchitects, engineers and landscape architects. Council Member Genco noted she had seen where other Municipalities advertised and bid the services. She felt they were going th�ough the bid process because they had to. Village Manager Couzzo agreed the services could go out to bid, but the bid process was not required, Attorney Hawkins indicated it was his understanding the Consultant Competitive Negotiation Act (CCNA) does not cover attorneys' legal services. Council Member Genco suggested a revision to Item l. Term of Employment. She suggested removing "for cause" in line 4, and deleting Item 3(e) in its entirety. She mentioned with 60 days notice, if a later Council war�ted to terminate the agreement they could do so properly with _ 60 days notice, and they would only owe for the remaining 60 days. She mentioned she dr�es nat like having "a cause" reason in a contract, and would rather not have to document and have a reason for terniinating the contract. She felt everyone should ta.ik it out and try to resolve the issue, and if not then mutually terminate the agreement. Attorney Hawkins mentioned Jones Foster has been the Village attorney's for 35 years, but if hypothetically Council wanted to terminate the agreement for services, Ms. Genco's intent was to pay Jones Foster for the services earned through the remaining 60 da.ys, and not through the balance of the contract. He suggested that language should be included in the contract. Council Member Genco felt 3(e) becomes defunct once the "for cause" was deleted from the contract. Mayor Humpage suggested the following language for Item 3{e): " If this agreement is terminated, the firm shall be entitled to the fees earned as of the ternunation date. Council Member Genco nated it could be left alone, but felt the contract speaks to the Village having to pay them anyway. She felt it was simpler to omit it. Attorney Hawkins indicated the Village would be paying for the contract, but preferred to have the language the Mayor suggested included. Mayor Humpage noted if Council eliminated the "for cause" in the Termination Paragraph, Item l; and leave in 3(e), but strike without a cause prior to and end of term. He noted Attorney Hawkins was good with that language and asked to keep it in, Consensus of Council agreed to the two changes. 15 MINUTES - Village Council Regular Meeting 07/14/OS Page 1 b Council Member Paterno asked if they had to use Jones Foster exclusively, a.nd if there was a retainer. Attorney Hawkins responded no to both questions. Council Member Paterno asked if the Attomey had to be present at every Council Meeting. He felt the Village could save on legal fees if he did not have to attend every meeting. Village Manager Couzzo noted it would be Council decision, but having the attorney present was a good policy. I�e noted in the event that Council did not have any heavy 1ega1 issues on an agenda, they might want to consider not having him at a certain meeting. He mentioned there was an item that did not need an urgent response then Council could table it or make it contingent upon legal review. Council Member Ger�co summa.rized when Council had a Iight agenda, with very routine matters, then the Attorney would not have to be present. Mayor Humpage questioned how that would work under the Sunshine law. Village Manager Couzzo indicated. he would have to contact Council, and he would let the attomey know. Council Member Genco suggested if the Village Manager was planning on not having the attorney present, he should notify Council in case they wanted lum at the meeting. Council Member Paterno suggested in Item 3(a) it should include language regazding "travel to a.nd from" a11 regular and special meetings, etc. He asked if the Viilage was only being charged "one way". Attorney Hawkins clarified the intent was for roundtrip expenses. Mayor Humpage noted the contract should say "travel to and from". Consensus of Council agreed. Coun�il Member Paterno asked what was meant by "routine telephone conferences" in Item 3(fj. Village Manager Couzzo mentioned his understanding of this item was any conversations he had with Attorney Hawkins regarding Village business that were under I S minutes, the Village would not be charged. He felt this was an extremely important provision in the contraet. Vice Mayor Watkins thanked Attorney �awkins for all his service. MOTION: Council Member Resnik moved to approve the contract for Attorney Scott Hawkins of Jones Foster & Stubbs; secanded by V'ace Mayor Watkins; motion passed S-0. 21. RES4LUTION 85-04/OS — A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE 2004/2045 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES BY $29,500.00, TO INCREASE BUDGETED EXPENDITLJRES FOR POLICE EXTRA DUTY PAY AND INCREASE BUDGETED REVENUES FROM CHARGES FOR SERVICES: POLICE EXTRA DUTY. Attomey Hawkins read for the record the title of Resolution 85-04/O5. 16 MINUTES - Village Council Regulaz Meeting 07/14/OS Page 17 MO, TIQN: Council Member Genco moved to approve discussion of Resolution 85- � 0�/OS; seconded by Vice Mayor Nlatkins. Council Member Genco indicated she would like clarification on this � issue, and questioned where would the revenues being received from to pay for this item. Chief Steve Allison, Police Chief indicated the Department had proje�ted a revenue of $2,504.00, and expenditures in the amount of $2,SOQ.00, and due to the e�ended details they had took on more revenue, and so it needed to be balanced. He felt it was a housekeeping matter. Council Member Genco summarized the Vitlage was increasing the revenues by $2R,500.00 and moving that ta where it would be spent or used, and that was paying €or the extra duty pay. Mayor Humpage expla.ined it was extra detail paid for services, and then the police depart�nent pays the employees. Village Manager Couzzo indicated he was not projecting that in next years budget. Motion passed 5-0. VIII. COMMUNICAT�ONS FROM CiTIZENS Mr. Charlie Fischer, resident of Shady Lane and President of Cancer Alliance of Health and Hope commented on an upcoming event on August 6, 2005 at Jupiter High School called the "Football Experience for Women". He noted Coach Howazd Schlenberger, FAU Football Coach and four NFL players would be present to instruct women on the finer points of football. He indicated this would be a fundraiser to help cancer patients and theur families with financial difficulties. The cost will be $100.04 for the women, with registration at noon and 3 to 4 hours of instruction. He indicated there would be an optional flag football game in the late al�ernoon, and a dinner in the High School cafeteria. The women can bring their husbands for an extra $25.00. He noted there was an article in the Jupiter Courier Newspaper. Council Member Genco asked if they were a non-for profit group. Mr. Fisher responded in the a,f�'umative. He mentioned he would be glad to make a presentation to Council regazding the program in the future. Village �Vlanager Couzzo mentioned he could ca11 the Village Clerk to arrange a presentation before CounciL Mr. Steve Hofgren, resident of North Cypress Drive thanked Council and Staff for taking care of the Village residents. He noted several months ago he presented Council with some information regarding the redesign of the railroad crossing at Tequesta. Drive and Old Di�e Highway. He asked if he could have an update on the silencing of train horns, which was a federallaw enacted last November, and if the Village's intersection complies. Village Manager Couzzo indicated he could provide Mr. �Hofgren with an update, but that he did not ha.ve the informatian with him during this meeting. He explained there were some complications with the situation, and felt there was a considerable cost associated with the silencing of train horns in Tequesta.. 17 MINUTES - Village Council Regular Meeting 07/14/QS Page 18 Council Member Paterno commented he attended an Intergavernmental Meeting a few months ago, and part of problem for Tequesta was the crossing in Jupiter by the bridge. He noted there is a distance requirement on the clearance between locations, and if Jupiter did not have the horns silenced, the railroad would still blow the horn. He pointed out even if Tequesta silenced the horns, the railroad would still sound the horn. He mentioned tlYe Village could spend $300,000 - $400,000 and still get nothing out of it. He indicated he understond Jupiter had many crossings to do well within the distance factor, and they do not want to do them at this tirne. He noted unless everyone gets on boazd it would be very difficult to do, and it would waste money because they would sti11 have to blow their horns. Mr. Hofgren commented he felt this would be a good time to build it in because of the redesign of the intersection. Council Member Genco commented it was actually a two-fold process: 1) the Village must adopt a noise ordinance, and 2) in order to comply with the rule, the Village would have to change all the crossings. Mr. Hofgren indicated the train horns were blown at about 120 decibels, and anyone within 2 miles of the railroad could hear the . horns. He mentioned another alternative would be to have the horns located at the intersection that would blow due east and west of the crossing, so the people to the north and the south would not be heazing the horns. Council Member Genco commented any informatian that Mr. Hofgren could provide would be greatly appreciated so Council could discuss these items with Mr. Webberman, Martin County Commissioner, and maybe address the issue with Mayor I�aren Galonka of Jupiter. She noted the Village may end up doing it piece meal. She indicated she would be very interested in receiving the information from Village Manager Couzzo and seeing what Tequesta. could do with their neighbors to the north and south. Vice Mayor Watkins suggested the information that was submitted by Mr. Hofgren during the budget season last year could be provided to Council upon their reque�t. IX. COMMUNICATIONS FROM COUNCIL Councid llfember remarks on non-agenda items of interest and benefit to other Council Members, the i�iddage and its residents. VICE MAYOR WATKINS - Stop Sign at Golfview — Asked if Council had heard any comments or feedback from Country Club members regarding the road and the installation of the new Stop sign. She mentioned she has not heazd a word. Council Member Paterno mentioned he had heazd many people were pleased with the stop sign, and the narrowing of the road. He suggested the residents would also . like to see speed humps. Mayor Humpage indicated he ha.d spoke witl� Mr. La Spina, a resident of Golfview who has the smaller south side, and he was very happy. He asked Chief Allison; immediately after the Country Club gates on the lazge section that has posted no parki.ng, no stopping, or no standing, can the lawn care trucks stopped there be cited. 18 MINUTES - Village Council Regular Meeting 07/14/05 Page 19 Chief 5teve Allison, Police Chief responded yes, and indicated the Police Department was going through the education process at this time, and would be citing them in the future. COUNCIL MEMBER RESNIK - Traffic Study — Country Club Drive and Island Way — Mentioned about a year ago he brought before Council some informat�on regarding a tr�c study completed by 3upiter pending the completion of the Western Corridor, and the impact of traffic in Jupiter, and Island Way in Martin County. He ment�oned the traffic study showed there would be an increase of 600 trips per da.y on the corridar. He noted the study only showed the increase for Jupiter but did not show the increase for Martin County. He : mentioned about a yeaz ago he asked for a study on the impact for the roadway. He noted at that time the Village Manager put together a repart, and Council discussed it, and it was determined at that time to hold off an a study. He explained now the Western Corridor was complete, and Jupiter was doing another traffic study, because they are trying to reduce the Inaiantown Road Corridor traffic. He mentioned Martin County was in the process of doing a traffic study, because they wanted to reduce the truck traffic going up County Line Road into the Martin County residential azea, and Little Club to get to the Western Corridor. He pointed out the only other way trucks could get to the Western Corridor was Country Club Drive. Council Member Resnik noted the Martin County Commission met last week, and Assistant Manager Gazlo attended on behalf of the Village. He noted Mr. Garlo asked the Commission to be reasonable regazding the Western Corridor, because now Jupiter and Martin County were doing � individual studies, and Tequesta. was in between the two. He felt most of the Martin County Commissioners were interested in meeting with Tequesta to help and to discuss it, except Commissioner Webberman. He mentioned Mr. Webberman was only interested in getting the Martin Cou:nty Study done, before he would do anything else. Council Member Resnik suggested for Tequesta's protection a professiona.l study should be � completed to see wha.t Tequesta. could do on our own behalf. He explained this professionsl couid coordinate with Martin County and Jupiter, and maybe come up with some kind of proposal or plan that would not impact Tequesta. He felt when the corridor was planned, instead of impacting Island Way, Martin County should have gone all the wa.y to U.S. One, but they did not do that. Council Member Genco noted they stopped the study at Island Way. She suggested if Martin County was doing the north portion and Jupiter was doing the south portion of the Western Corridor at Country Club Drive and Island Way, that possibly Tequesta could capture their data from the twa 19 MINiJTES - Village Council Regular Meeting 07/14/OS Page 20 Council Member Paterno explained Commissioner Webberman called him to say he could not attend a planned meeting with him and the representatives of Turtle Creek just days before the meeting. Council Member Paterno rnentioned he and Village Manager Couzzo attended the meeting with the Turtle Cxeek representatives regarding the northern gate, and the extension o� County Line Road. He mentioned Commissioner Webberman was quoted as saying "the people of Turtle Creek were fluent an the subject". He noted at the meeting he leazned Commissioner Webberman was giving the residents of Turtle Creek $25,000.00 to re- landscape the entryway. He explained at this point Turtle Creek does not want to help Tequesta, or push or influence Commissioner Webberman on the roadway. He commented Commissioner Webberman told him the Martin County study would be for through traffic only and that he preferred the traffic use India.ntown Road to U.S. One. Council Member Paterno felt it was because he did nat want to put in the County Line Road extension. He felt out of the five County commissioners, Commissioner Webberman was the only one that did not like the idea. Council Member Genco noted then he was not addressing County Line Road, or County Club Drive. Council Member Patemo indicated Commissioner Webberman only wanted to stop trucks on Island Way. Council Member Genco noted if the trucks could not go either way across Island Way, wha.t would be the use of going through Tequesta.. Vice Mayor Watkins indicated they would have to use U.S. One. Council Member Resnik expla.ined Commissioner Webberman was frying to stop the trucks from going up Caunty Line Road, and crossing the bridge because of the weight limit. Council Member Paterno connrnented the weight limit was 5000 pounds. Council Member Genco noted if the trucks come up Tequesta Drive the only outlet would be Island Way. She felt both, Commissioner Webberman and Tequesta was trying to do the same thing, and that maybe he did not understand the situation. Cowncil Member Paterno noted the tfucks would have to come through Tequesta to reach Turtle Creek. Mayor Humpage pointed out u.nless the Village had "No Thru Trucks". Council Member Resnik commented the Village could not depend on Martin County or 3upiter for doing anything for Tequesta. He reiterated Council should do something far Tequesta. Council Member Genco suggested narrowing the northern gate. Mayor Humpage suggested having a workshop on this issue. Council Member Resnik pointed out Council could talk about it, but no one was a iraffic engineer. He recommended doing a study so Tequesta could review their options. Council Member Genco suggested putting a round about at the entryway to Turtle Creek, that would make it very difficult for truck traffic to get around it. She suggested also the Village could make a few changes to the north gate to make it difficult, and then the truckers would get the idea. 20 MINUTES - Village Council Regular Meeting 07/14/OS Page 21 �ouncil Member Paterno suggested the Village should have a permit fee per truck, instead of per company, and if the trucl�s exceed 5000 pounds then have another gate opened. Mayor Humpage reiterated No Thru Trucks allowed. He suggested having a workshop, and calling it Martin County Traffic Control. Vice Mayor Watkins askec! if Council wanted to invite the County Commissioners. Consensus of Council agreed. Council Member Paterno asked about the worl�shop with JMZ. Village Manager Couzzo noted he had spoke with them and they were not ready for a workshop. Mayor Humpage mentioned he spoke with Mr. Zuccazelli and he would not be prepared for at least a couple of weeks. Council Member Paterno suggested addressing the invitations for the Traffic workshop directly to each Commission member. Mayor Humpage suggested inviting representatives from Jupiter also. He asked Staff to contact Jupiter regarding the workshap. Consensus of Council agreed to bring a11 the entities together for a tra�'fic workshop. Council Member Resnik felt it was worth Tequesta paying for this study, and it was time to play hardball with them. COUNCIL MEMBER GENCO - Consulta.nt Contracts — She mentioned somebody picked out five contracts from the files a.nd forwarded to Council for review. She indicated those contracts were the closest thing the Village ha.d. to a consultant contract with the different engineering fums. She commented one thing that she noticed out of the five contracts three Qf them had been signed before the Council Meeting, and she would not want it to happen again. Village Manager Couzzo indicated he wouid sign an agreement for the agenda. item, but the agreement did not have any impact until Council approved it or denied it, and then the Village Clerk and Finance Department would process them. Council Member Genco noted Village Manager Couzzo was the agent for the Village and once signed the Village was bound by the agreements. Vice Mayor Watkins asked if the other firms had signed the contracts. Village Manager Couzzo indieated the agreements were unsigned. He commented if Couneil wanted him to v�axt until approval to sign, he did not have a problem with it. Council Member Genco noted Council could change something in the contract, and suggested the Village Manager wait until after approval to sign. Attorney Hawkins mentioned the agreements or contracts were not effective until Council approved them. Council Member Paterno noted there could be a potential for a legai problem if Mr. Couzzo signs them, and someone sends them out in error. Village Manager Couzzo noted if Council does not approve the item it does not get processed. Council Member Genco commented the Vil�age does not provide the contractors with a copy of the Resolution, and most do not know that there was a Council Meeting. Village Manager Gouzzo indicated sometunes the contractox requested. a copy of the Resolution showing approval. 21 MINUTES - Village Council Regular Meeting 07/14/05 Page 22 Council Member Genco felt it may be somet.hing done on occasion but was not routine. She wanted to bring it up to Co�ncil to see if they felt differently than her. MAYOR HUMPAGE - Mentioned he met with the new Florida. Power and Light Public Affaus Representative who had been formerly employed by Congressmen Mark Foley. He indicated the gentleman has offered to do a power point presentation to Council on the project costs of undergrounding at the next Regular Council Meeting in August. He felt it could be a debt service issue and that it could run 50 yeazs. Council Member Genco suggested Council would probably want ta have the different types of lines identified; because Council would probably want to prioritize which lines should ga underground. Mayor Humpage explained FPL starts at the transmission and they have a per foot basis base cost for the transmission lines, secondary lines, and transformer lines to the house. Council Member Genca noted she wauld like to ca11 the gentlernan also because she wauld like a more focused in the approach. - Old Jupiter/Tequesta Train Station — Mentioned the last couple of months he has been talking to the owners of the Train Sta.tion that is sitting on Seabrook Road. He noted the owners were going to sell the parcel and they had approached the Town of Jupiter and the Loxahatchee Historical �ociety to give it away, and no one wanted it. He explained there were some hooks: 1) tlie station would have to be relocated, 2) it would have to have a plaque, and 3) it would need to be preserved. He mentioned he met with a representative last week and there was a section of property that could be considered just south of the water plant near the raikoad tracks. He mentioned he spoke with Mayor of Jupiter, Karen Golonka, and nothing was happening at this time. He mentioned if the Village was successful in getting it, it woulcl only ha.ve to be moved 9/10 of a mile, and only have to take down 7 lines. He indicated at this time he was in the process of reviewing the costs. He commented he told Mayor Golonka. the Village would shaxe any information th�y receive with Jupiter. He noted Jupiter had at one time considered putting it at their Harborview Park, but the cost to get it there was so expensive because they have to cross the bridge. He felt he wanted to extend every courtesy to 3upiter, but indicated the Village was very interested, and that maybe it could be a joint effort. He mentioned he hoped to be able to provide more informatian to Council in August. Council Member Genco asked if the Village could also look at alternative uses prior to, if in fact, the train staxion u�ould be put in Tequesta. Mayor Humpage felt it was a historic buiiding, and it may behoove the Village to look at grant and State funding. He felt it would be a great to place the train sta.tion across from the Water plant, and the new linear pathway. He suggested it could be open to the public. 22 MINtJTES - Village Council Regular Meeting 07/14/QS Page 23 Council Member Resni.k asked if it would be in the FEC right or could it be on Village property. Mayor Humpage noted Mr. Preston the Public Works Director had already been in touch with FEC. He mentioned he would like to see it preserved and end up somewhere. X. NEW BUSINESS 22. Council appointment of the Vot�ng Delegate/Representative for the Florida League of Cities' 79�' Annual Conference, Orlando, Florida, August 18-20, 2005. Vice Mayor Watkins mentioned she was attending the conference but noted she was the voting delegate for the last two years. Mayor Humpage asked what was expected as a delegate. Vice Mayor Wa#kins indicated he would have the voting power for Tequesta. Council Member Genco nominated Mayor Humpage. Mayor Humpage accepted the appointment as the voting delegate. MOTION: Council Member Genco moved to approve Mayor .Iim Humpage as the designated Voting Dedegate for the annual Florida League of Citaes conference in August; seconded by Vice Mayor Wa#kins; motion passed S-0. 23. A) RESOLUTION 84-04/OS — A RESOLUTION OF THE VILLAGE � COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, SETTING THE PROPOSED AD VALOREM MILLAGE RATE FOR THE VILLAGE OF TEQUESTA FOR FISCAL YEAR 2005-2006 AT A RATE OF 6.4980 PER $1,000.00 OF ASSESSED VALUE. Attorney Hawkins read for the record the title of Resolurion 84-04/O5. Mayor Humpage noted this Resolution was for Council approval setting the proposed Millage Rate of 6.4980. He menfioned this was the same rate as the �ast three years. MOTION: Council Member Resrtik moved to approve Resolution 84-04/OS; seconded by Vice Mayor Watkins. Council Member Paterno commented the Southeastern Consumer Price Index (CP� was 2.8%, and basically there would be 3% on top of that for all employees. He noted that would be 5.8%, and the budget would need to . propose at least 6% as far as operational items. He felt all the residents in the community ha.ve to live by the 2.8°/u for the living expenses, but in the proposed budget it seemed to be going up quicker than that, and at a higher ra.te. He suggested looking into ways of curtailing some of the budget items that spend additional monies. 23 MINUTES - Village Council Regular Meeting 07/14105 Page 24 Council Member Paterno felt the Village needed to keep the residents in mind when proposing these large increases. Village Manager Couzzo commented the Resolution Council would be approving this evening was a requirement to set the �roposed Millage rate. He mentioned Council has not had the Budget Workshop or the twa public hearings that are required. He noted at that time Council can lower the rate, or increase the rate. He felt it would be difficult to lower the rate, but it could be done. He pointed out a considerable portion of the increase that Council would be looking at would be to Capital Improvements/Capital Projects, which is about $450,000.00. He explained if those numbers were extract�d, the other numbers drop dramatically. Council Member Paterno mentioned he wanted to bring it up at this point so tha.t going forwazd so as a Council they could direct Staff to work toward those goals. Ms. JoAnn Forsythe, Director of Finance commented when Council goes through the Workshops and they find ways to cut, then it could be reduced. She explained it would be more difficult to raise the rates, because that is what would be on the t� bili, and if higher everyone would have to receive a notice with the change. She noted this would be the highest rate for the Village, and by law the Village was required to set the propqsed rate; and then within a certain amount of da.ys of Ju1y l it would be certified and sent to the Village. Mayor Humpage noted it was the highest rate, but it still was the same rate as last year. Village Manager Couzzo noted tomorrow he would calculate the actual operational percentage differential. Council Member Patemo mentioned that would be something to work for and it would be Council direction to guide the Manager in a particular way. Vice Mayor Watkins felt Council could not direct him until the Workshops and until they review the budget. Council Member Resnik questianed why Council was addressing the CPI at this point. Ivlayor I�wnpage felt it was something to guide the budget as the Village moves forward. Council Member Resnik asked if the CPI was the cost of living raise. Village Manager Couzzo indicated that would be the COLA, and the CPI was the Consumer Price Index. Council Member Resnik noted the CPI establishes the C�LA. Village Manager Couzzo agreed, and not$d the CPI changes on a montlily basis. Council Member Paterno sta.ted, for exampie the Village's operational budget was proposed fietitiously at 8%, above last years budget, he felt Council as a goal should keep it in line with the residents of the community and keep it at 2.8%, and if the Village's expenses go up 8%, then it would be way above the CPI. He noted the cost of doing business in the Village would push up their costs in taxes. Village Manager Couzzo clarified the goal for opera.tional expenses should be azound 6%. Council Member Paterno agreed S% on the payroiUopera.tional side, and 2.8% on the rest. 24 1VIINUTES - Village Council Regular Meeting 07/14/OS Page 25 Council Member Genco felt that made sense, because the hard goods would probably increase by the amount of the CPI, where administration would increase by the CPI and 3%. She pointed out it was a good idea to give a target. Council Member Resnik asked what the goal was using the indexes. Council Member Paterno noted the goal was that government does not grow faster then the economy. Council Member Paterno indicated that way there would be the potential on the operational end to reduce the costs as far as expanding. Vice Mayor Watkins questioned if Council Member Paterno's intent to reduce the Millage rate. Council Member Paterno noted it could be, or it may be that the Village takes the difference and puts it into capital improvements. He mentioned he wauld not want the operational side to eat up the money, tha.t there would be no money to put new streetlights in the Village. Mayor Humpage noted it was a goal to get to 20% in the Reserves, and the Village was there. Council Member Genco felt the budget could be meeting those percentages iri certain areas. Motion passed S-0. B) Council discussion to set a date for the First Public Hearing regarding the Millage Rate for FY 2005/200&, and the Proposed Budgets for FY 2005/2006. Mayor Humpage noted the first �ublic hearing could be set anytime between September 3, 2005 and September 18, 20U5. Council Member Genco noted September 3 was a Saturday, and September 18�' was a Sunday. Village Manager Couzzo mentioned the hearing could not be set on September 8�` or September 14�', because of the County and School Board Hearings. He noted it could be set for September 6�' or 7�' if Council desired to have it in the same week as the Regular Council Meeting. Village Clerk Gwen Carlisle noted the Regular Meeting was scheduled for Thursday, September 8�'. Council Member Genco asked if Council could have a Special Meeting before the Regulaz Council Meeting on the 8�'. Village Clerk Cazlisle noted the hearing could not be set of September $�'. Village Manager Couzzo suggested the Regular Meeting could be moved to September 6�' or '1�`. Council Member Genco felt if the meeting was moved ahead. it would shortchange Staff from getting the materials together, and that it would be easier to move it back. Village Manager Couzzo indieated the Mayor would be out of town the third week in September. Vice Mayor Watkins agreed the 6�' or the 7�'. Council Member Paterno suggested having it on the 7�' instead of the 6 in order to give people a chance ta return from the Labor Day weekend. Mayor Humpage suggested ha.ving the public hearing at 6:00 P.M. so that Council could get a cold drink before the start of the Regular Meeting. 25 MINUTES - Village Council Regular Meeting 07/14105 Page 26 MOTION: Vice Mayor Watkins moved to approve setting the farst public hearing date for Wednesday, September 7, 2005 at 6:00 p.m., and the Regular Couneil .Meeting at 7: p0 p. m., in the Tequesta Recreation Center, 399 Seabrook Road; mvtion passed S-0. 24. � � � *; � 4� �' •" �: DELETED -o����-,��o;:� �� 25. Council discussion for Repair of Lighting system at Tequesta Park. Mr. Greg Corbitt, Director of Parks and Recreation mentioned he had been working with Mr. Dan Gallagher, Risk Manager, and Assistant 1Vlanager Robert Garlo regarding the repair of the lighting at Tequesta Park. He indicated Mr. Gallagher had experience with park lighting systems out in California, and Mr. Garlo had been working with FEMA for reimbursement due to the damage caused by the hurricanes. Mr. Corbitt noted the lighting on a11 three areas in the park, which included the basketball caurt, the tennis court and the front field, needed to be repaired. He commented Staff received two quotes on this project, Museo Lighting and Arlington Electric, because they were the only two companies that would bid the project. He mentioned after meeting with both companies Sta.ff recommended Musco do the lighting for the ballfields and the basketball eourts. He indicated the reason Musco was chosen was for their experience, and to focus the lights in the proper directions so there were no da�k spots on the fields. He noted Arlington d4es electrical and can handle the lighting for the tennis court; but lighting for the tennis eourts was basic directional lighting. Mr. Corbitt commented the quote received from Musco to do the two areas would be $76,032.00, including a controlled link monitoring system. He mentioned this one time fee included ten year warranty. He noted the only thing during the ten years the Village would be responsible for would be changing out a fuse. He noted Musco would have a turn around time within 24 hours for repairs. He �pla.ined the monitoring system would be on 24hrs/7 da.ys a week. He pointed out another quote on the materials was a quote from Williarn Murphy, General Contraetors to er�close the electrical area currently in the park. He mentioned since being employed by Tequesta he had heazd coaches and players were jumping the fence and turning on and off the lights. He explained Staff had tried everything including locking the fence. He suggested adding an enclosure so no one could enter, and the proposed price would be $24,300.00. He noted FEMA would. be reimbursing the Village $98,976.00, and the Village couid receive 90% of that amount in advance. Council Member Genco asked the cost of lighting the tennis courts. Mayor Humpage responded $30,888.00. . Council Member Genco asked if that would be in additiort to the $76,Q32.00. 26 MINUTES - Village Council Regular Meeting 07/14/05 Page 27 Mr. Corbitt responded in summary the total cost would be Musco Lighting -$84,032.00, Arlington Electric -$30,88$.00, Musco - Additional wiring �or the monitoring system -$10,000.00, and the building enclosure $24,300.00 for a tota.l project cost of $148,420.00. Village Manager Couzzo asked Council for direction on how to proceed, whether they would want to pay for it in this years budget, or budget for next fiscal year. Council Member Resnik asked how much would FEMA pay for reimbursement. Village Manager Couzzo explai.ned 90%. Mayor Humpage noted the Village would be receiving $98,976.00 from F'EMA, so there would be a$SO,OOO.OQ shortfall, Village Manager Couzzo noted FEMA would not be reimbursing €or the building enelosure, and that wnuld be deducted before the reimbursement. Mr. Carbitt explained the buiXding would not be eligible for FEMA reimbursement. Council Member Resnik questioned what was being paid by FEMA. Mr. Corbitt noted FEMA would reimburse 90% of the $84,032.00 and 30,888.00; the Village would pay for the aclditional wiring and the enclosure. Mayor Humpage mentioned prior ta getting elected to Council he maintained the electrical needs at the park, and he went through the prices with Mr. Gallagher. He mentioned basically the Village would be spending ap�roximately $115,000.00, in which FEMA would give $98,OOO.UO. He noted the �dditional fees come from the additional wiring for the monitoring system. He pointed out the advantages of the monitoring system was it actually monitored the systern to make sure it was functioning properly, and had built in safeguards such as phase failure, phase surges, etc. He mentioned be�ore he was on Council he also took care of the tennis court lighting. He noted the equipment had continual problems, because there was not a safeguard system in place. He mentioned the cnclosure had. been so damaged by everyone that a crow bar was needed to enter the premises. He stressed another thing would be the liability issues, if they could get into the electrical area. He felt if Council was going to spend the $115,000.00 that they should consider spending the additional funds to protect the Village's investment, because it was a major investment. He noted where the $SO,OOQ.00 comes from he was not certain at this time. Council Membcr Genco asked if the electrical system goes anywhere near the pavilion. Mayor Humpage noted it was probably 60 feet away. Council Member Genco commented she noted the Village was going to be doing improvements to the building, and asked if it could be placed in there. Mayor Humpage felt the prablem would be the transformer system, and FPL having to redo it. Mr. Corbitt noted he might be able to do better on the price of the enclosure. Council Member Paterno questioned on the Musco proposai for the tennis courts, when he counted up the lights there were only twice as many as the basketball, but the prices were out of aligntnent, even more than the baseball. 27 MINUTES - Village Council Regular Meeting 07/14/05 Page 28 Council Memher Paterno felt the $88,000.00 may not be correct. Vice Mayor Watkins noted she thought it was an error also. Mr. Corbitt noted the $88,245.00 quoted by Musco on the #ennis courts included replacement of everything, where as Arlington was only going to replace the fixtures. Council Member Paterno noted Musco would be controlling the lighting system for the basketball and baseball fields, but not the tennis COUYt5 He noted there would be two sepazate systems. Mayor Humpage indicated the tennis courts were on a separate control system, and tha.t it was remote from the main controller. He noted there was already sufficient power and that they were currently hurricane rated. Council Member Paterno noted the warranty would take care of everything except the tennis courts. He asked if the Village would have to fix the tennis courts. Mayar Humpage commented by law Arlington would h�ve a warranty for one yeaz, parts and labor, but did not know what the manufacturer would give on the fixtures. Council Member Paterno handed out some pictures on the enclosure. He mentioned when he visited the site the gate was open and the lock was unlocked, and there were no locks on any of the boxes. He felt it was very easy for someone to damage or vandalize the area. He noted if it was locked, and a fence placed over the top it would be fixed at a minimal cost. Mayor Humpage explained the gray transformer inside the fence was susceptible to the weather, and felt it would increase the longevity of the equipment to enclose it. Village Manager Couzza pointed out this was a discussion for Council input, but there was a lot more work that needed to be done, such as plans and specifications on the building. He asked Council if it was something tha.t they wanted Staff to move forwazd on. Mayor Humpage asked if the Village had received the FEMA money, and whether there was any criteria to secure the money. Village Manager Couzzo noted the Village ha.d not received the FEMA money, a.nd did not know if the criteria required it be done in a certain amount of time. Mayor Humpage commented he would like to see the residents start using the park again. Village Manager Couzzo agreed, and noted Staff needed to look at some of the alternatives for the building, and put together some firm numbers. Vice Mayor Watkins asked if the Village could proceed with the lighting this yeaz, so the FEMA money could be collected, and build the building out of next years budget. Village Manager Couzzo indicated that was a possibility a1so. He mentioned he wanted to see how long it was going to take to get the FEMA money. He mentioned if they receive the money in advance, it still could take up to 90 days, which would be in next years budget. Council 1Vlember Genco agreed it would come out of next yeazs budget. She asked if the proposed lightin.g fixtures could be lowered for hurricanes. Mayor Humpage responded no, and explained the cost of the poles that could be lower were very expensive. 28 MINUTES - Village Council Regular Meeting 0711�/05 Page 29 Mayor Humpage mentioned the proposed fixtures have to be hurricane rated to withstand a hurricane, just like the ones at the tennis courts that were still there. Council Member Paterno commented he was all for doing the lighting immediately, as lon� as the Village would be reimbursed from FEMA, b�t that he would like to c�iscus� the building in more detail. Village Manager Couzzo nated Musco was so detailed that the lights would remain ai�er a hurricane, but they would need to be adjusted. Mayor Humpage snmma.rized it was a Consensus of Council to move forward with the lighting tp get the park back in operation, but to take another look at what could be saved on the building. XI. ANY OTHER MATTERS Council Member Paterno noted at the March 28, 2005 Council Workshop there was discussion regarding the Council Summazy procedures. He asked if the item had been tabled to the following Council Meeting. Village Manager Couzzo indicated Council had appraved the revised procedures. Council Member Paterno noted Council was to go over the new Goals and Objectives in April for the following budget year. He mentioned that had not been done to da.te, and asked if it could be placed on the agenda for the next Council Meeting in August. Mayor Humpage noted Council was to give the Village Manager the goals for the upcoming yeax. Council Member Resnik asked for clarification on the goals, and what was Council trying to achieve since the budget was basically done for next year. Council Member Genco felt it was still an operational priority. Mayor Humpage explained it would not hurt €or Council to give same idea of their desires, and if it was not in this coming years budget, it could be placed in 2006I2007 budget. Consensus of Council agreed to place it on the August 11, 2005 Regular Council Meeting agenda. Council Member Genco asked if the park attendant could make sure all the locks were Iocked in the morning and in the evening. Mr. �reg eorbitt, Director of Parks and Recreation agreed to make sure Staff would check the locks, in the mornings and in evenings. XII. ADJOI;f�tNMENT MOTION: Council Member Resnik moved to adjourn the meeting; seconded by Vice Mayor Watkdns; raotion passed S-Q. The meeting was adjourned at 10:00 P.M. Gwen Carlisle Village Clerk 29