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HomeMy WebLinkAboutDocumentation_Regular_Tab 06D_08/12/1999 r ' � � VILLAGE OF TEQUESTA "�' Post Office Box 3273 • 250 Tequesta Drive • Suite 300 ' `�' � Tequesta, Florida 334G9-0273 • (561) 575-6200 ; a � Fax: (5G1) 575-G203 � F, � H y 0 VILLAGE UF TEQUESTA VILLAGE CUUNCIL MEETING 1V�INUTES JLTLY 22, 1999 I. CALL TO ORDLR AND ROLL CALL The Tequesta village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, July 22, 1999. The meeting was called to order at 7:01 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Niackail, Vice Mayor Carl C. Hansen, Basil. Dalack, and Elizabeth A. Schauer,. Also in attendance were: village Manager Thomas G. Bradford, Village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. Counciimember Joseph N. Capretta was absent from the meeting. II. INVOCATION AND PLLI?GE OF ALLEGIANCL Basil E. Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGSNDA Vice Mayor Hansen requested that Item VIII (L) be pulled from the Consent Agenda. Village Manager Bradford requested that under ANY OTHER MATTERS he be allowed to bring up the letter everyone had received regarding the Recycled Paper v=LZ�nG$ courrczL MEBTING MINtJTES Jul� 22, 1999 PAGL 2 ioint NAN�C meeting. Vice Ma�ror 8aasen made a mattoa to approve the Age�1,d3 as ameaded. Couacilmember Schauer secoaded the motioa. The vote on the motiQa was: Roa T. Macacail - for Car7. C. 8aasea - for �lizabeth A. Schauer - for Sasi1 Dala+ck - for The �tioa a►as there�ore �assed aad ado�ted and the A�eada was a��roved as ameaded. IV. C0��3MDN2CATIQN FRO� CITIZENS $attie Sie�el, 498 Dnver Road, �ommented there wa� a danqerous area with holes in the parl�ing lot of Tectuesta Plaza which wa� dan�erous to any kind of traffic cutting through or parkinc� tY�ere. Village Ma.nacxer H�adford �lained that the Village was re�ponsible for the roadwav secti.on and Mr. Zuccarelli was responsible for the problems depicted in the photagraphs Mrs. Siegel had preserzted. Ntrs. Siegel expressed her opinion that the �illage should not allow thi� situation to continue sin.ce they� had cited other nearby property owners regarding their properties and citizens would be at risk if someone was hurt on that property. The Village Mana�er stated the situation would be checked ou�. Mrs. Sie�el explained that it had been a year si�ce three appeZlate judges had overruled the Special MaSter and the lien on her home had not yet been released. Ntrs. Siegel requested that the Village remove the lien. MayQr Mackail stated this situation would be taken under advisex�ent . Vi Laaa�aaea, 12 Palmetto �Pay, commented that she found the condition of the parking lot for the Presbyterian Church very objectionable, stated that Tequesta Drive had been VILLAGL COUNCIL �ETING MINtTrl33 . July 22, 1999 PAGS 3 ___i----------- kept nice in the past but properties were det�riorating and one hous� she knew of had had a roof in disrepair for the past two years. Mrs. Laamanen expressed concern regarding the way developrnent was going on and cqmmented that everything was beginning to look like it was done for money only. Mrs. Laamanen stated she was now a permanen� resident and wouXd like to make a eontribution o� servic� to the Village. Subert $lliatt, 151 Golfvi�ar Driv�, a resident since 1961, expressed concern over the quality of the IQ water used on the golf �ourse and stated it had p�rmeated the aquifer. i�'r. Elliott described his etforts to loca�e the official who had autho�ized ENCtJN to use IQ water on the golf course. Mr. Elliott stated wells were polluted a.n.d the air cantained dust particles released when water dried up. Mr'• Flliott expressed concern �or the health of children in the area. Mro P1liott stated the village was playin,g with d�rnamite an�l was shoving this ctown the throats af residerits. Gera3.8iae Geaco, 7 Count�y Club Circle, commented tha� following receipt of a letter from ENCON she ri.ad contacted Mr. Sheehan and Mr. Dent and became convinced they had valid Concerns based on conver�ations and studying their engineering report. Ms. Genco expressed her opinion �hat residents would have to connec� to ENCON's sewers, but sta�ed her biggest objectian was being charged a$3,000 conneetion fee and questiQned whether the Vi3lage might m�diate wit� ENCON and come to a compromise regarding this fee. Ms. Genco stated she had corresponded with village Manager Bradford regarding landscaping for Caun�ry Club Drive, and requested that durin� Phase II the Village consider ma.intenance requirements of live oaks when placed only 20' apart, Since sh.e could foresee in 10 year� a lot of trimming, etc. v. P'UBLIC HSARING vzLr�,�$ covNC=L b�$TTNG MINUTSS July 22, 1999 PAGS 4 A) Consideratioa of Approval of Ordiaaace Adoptin� 1996 8AR 8ased ComPreheasive Plaa Ameadmeats Th� Village Attorney read the Ordinance by title onlv• B) Public Caamteats There were no comments from the public. Vice Ma.yor Hanse�. commented the Village should be aware that there had been more objectzons from Tallahassee this time tha�. before and questioned the obiection on paqe five regarding residen�ial uses in the mixed use district, Director of Community Deve�.opment Scott D. Ladd responded that the Villaae had not changed their Future Land Use Mat� on �he previous round So that in this round the map had to be amended to create a mixed use category, which had been C-2 before. The Vice M�yor commented that he believed ineluding residential in the mixed use distric� was uood.� Mr.�-<Ladd commented that the reason for this re-write was that the SCate wanted mo�e specificity, and before .�hey had wanted broad based comments. Uses were . listed in the Comprehensive Plan and al�o added to � � the �'uture Land U�e Ma.p. Village Manacxer B�adford commented this documen� had cost ov�r $60,000 and the prior one had cost $80,0(10. Mr. Ladd commented �hat the cost would continue to come down, since the village was in a period of transition to reduce the use of outside help. Mr. Lacld predicted that in the next round everything could be done by staff excent traffic items which would reauire the use o� a traffic consultant. Geral.dine Genco questioned whe��er parking spaces were amended when changes were made affecting commercial uses. Mr. Ladd resx�onded that the State did not get involved in 2onina matters such as setbacks, parkincr, etc., and that the zoning ordinance had alreadp been amended, VILLAGE CO'DNCIL M88TING �INOTRS _ �'uly 22, 1999 PAGE 5 and the map would help with beinct more consistent with the alread_v adopted zoning plan. Vi Laamanen cruestioned how significantly did this document ditfer from the prior one in land densitv and land use, to which Chair MaGkail responded that Mrs. Laamanen should contact the Communitv Developmen� Department to obtain that information. C. Ordfaaace - Secoad Read3ag - Aa Ordiaaace of the village Cou,acil _ cf the village of Tec�uesta, Pa].m Seach County, Florida, Ameading the Compreheasive P].aa of �he viilage of Tequesta, Adopted f.a 1989, ia Re].a�ioa to Ttems Zdeatified in Th� Vi1�.age{s 1996 SvaluatiQa aad Appraisal xeport aad ia Accordaaae �ith the Loca.l Governmeat ComQreherisiv� Plaaaiag aad Laz�d Develop�eat Regulatiaa� Ac�, as Ameaded. so as to =ncorvorate New, Revised aad/or '[�pdated Text, Tab].es. �.i�s, Fi.9�u�8�, Aaalysis, as� Well as Goals, Ob�ect�.ves a�nd Policies in �he =atroduct3.oa, Future Laad use �lemeut, _ � Trans�ortatioa E],emeat, = Housiag �lemeat, Ia�rastructure �lemeat, Coastal Maa.agemer�t glement, Conserratioa �lemeat, Recreation aad Open Sp�ce Slement, �atergoverAmeata7. Caord3aatioa. Slemeat, Capital improvement Element, P1aa adoai�oriag and Sva].ua.ticn Sectioa Relating to Coasiete�cY �ith the State Compreheasive Plaa aad 8ublic partici�atiaa Program Requir�neats aad 4ther �eatuai Ameadmeats �ad �odification�� All in Relatioa to =tema YBe�itified ia the village�� 1996 �valuatioa aad Appraisal Repox�t t�AR) aad Additioaal Amendmeats for PolicieB Addressing� State Resiuiremeats for Schooi Sitiag aa8 Ca-Locati.oa aad iatex�over�ameatal Coardiaatioa 8lemeats; Providfag fQr Se�erab313,ty�s �rovidia� for the Repeal of ardiaaaces ia Conflict; Fro�idi.ng f�r Coc�3.f3Catioa; Prcavidiag for an $��ecti�re Date. EStaff Recommends Approval). Gauacilmember Schauer made a motioa to approve t�e v=zzn�$ co�vr�crL �agrzNa M=rrv�r�s J'uly 22, 1999 PAGS 6 --------------- above ordiaaace oa Secoad iteadiag by title oaly. vice May+�r Saasea secoaded the motioa. The ro�flte oa the motioa wass Roa T. Mackail - for Carl C. 8aasen - for rlizabeth A. Scha.uer - for Sasil Dal$c� - for The motioa was therefcre Fassed aad adopted. VI. CONS'SNT AC3LN`DA All iteats lis�ed a�ith aa asterisk (*) are coasidered to be routiae aad ro�ill be enacted by oae motiaa. There wiil be ao separate discusstoa of these items ualess a village Couacilmember so ret.tuests, fa which eveat, the it+em will be re�a�oved frc�m4. tha Coaseat Ager�da of Busiaess aad coasidered ia its normal sequence oaa the Agenda Mavor Mackail read aloud the fol,Iowing Consent Agenda i��ms: VII. APPRG�VAL DF MINL7'I'Fs'S AND RTPD.RTS *1�1 Corrm�unitv Appearance Board Meetincr Minute,s, May 19, 1999; *�) Communitv Appearance Board Meetinq Minutes, June 23, 1999; *CI Corarminity AppearanCe Board Meet.inp Minu�es, May 26, 1999; *D) Speeial Master Hearinq, Mav 27, 1999; *E) Vi11a_qe �'ouncil Meetinq Minutes; Jur�e 30, 1999; *F1 Vi�Zage Council Workshop Meeting, Jul� 6, 1999: *G) ViZlage Mana_qers R�port: June 7, 1999 Co JuZy 16, 1999 IX . NEW BII3INES,S' *A) Resolution No. 42-98/99 - A Resolution of the vzLr�c$ courrczL MB�TING MINUTBS Ju�.Y 22, 1999 PAGg 7 Vi11a4e Couneil of the ViYlaae of Teauesta, Pa.Zm Beach Countv, Florida, �ipprovin_q an Enc�ineerinq Services Proposal w.z.th Reese, Macon and Assoc3ates . of Lake Worth, Florida, for Enai�eerinq Services for Kemo�e TeZernetrv �3e,�icrn � anc� Construction Services in the Amount of 539,500 Subject to Fund.ina �ipAroAriation bv the ViZlacre Counci.Z for Phase II in Fisca.Z Year 1999-20Q0, and Authoriz�incr �he Villaae Mana�er to E'xecute the same on behalf of t�he vil.�aae. (Staff Recorrunends Approval) *B) ResoZutian No. 43-98/99 - A Resolutjon vf the V.�1.Zacre Cour�cil of the viZ.Zacxe of Tecrues�a, Pa1m Beach Countv, Florida, Approvinc�r the Bid Award for the Reverse Osmosis Treat�ment PZant Lan�scap�na Irri_qation Svstem �o Florida Desiqn Contractors, Inc. of Lake Park, Florzc�a, in the Amoun� of $29 , 89 0, Wi t1z 1 Bein_q ApDropri a ted fro,rrt the � Water Revenue Bonds, Series 1998, and Authorizin_q the vill;age Manag�r to Execute the AppZ.�cable � =� ==ConCract on Behalf vf th� Vi.ZZaae. (Staff Recorcunends .Apprava1l �C) Consideration of Declarinc� Sur�vlus One Vehicle Pursuant to Section 3.02 t81 of the vil,Zaae Charter (S'taff Reco�ends ApprovaZ) �EI �doption of the Proposed MiZZaQe Rate (6.7305} Necessarv to Provide the �1d VaZorean Taxes Recruired to Balance the Tentative Fi,�ca.Z Year 2000 General Fund Budqet . (Staff Recomrrrends Approval) *F) Adoption of the Computed Ro1Zed-Back Millaqe Rate (6.54601 to be Provided to the Property Apnraiser in Accordance wz th F. S. 200 . 065. (Staff Recorr�nends A:pAroval ) *GJ �ldoptiQn of the 1?a�e, Time and P1ace of the Firs� and Final Budq'et Hearinq�s to Can�ider the ProAOSed vrLr�nc$ co�rc=L r�suriN� brsr�rss July 22, 1999 PAGB $ --------------- Millaae Rate and Tentative Budaets. (Staff Recommends Approval) ` 2} First Public Hearincr - Septe,rrzber 9, 1999, 7:00 P.M. ; Vi11a4e Ha11 Council Chambers, 357 Tequesta Drive Tec7uesta, Florida. 2) Final PubZic Hearinq - September 21, 1999, 7: 4Q P.M. ; Villaqe Ha11 Counci� Chambers, 357 Tequesta Drive, Tecruesta, FZorida. *I} Announcemen t and Notice of Attornev-Client �ession Cancernincr Village of Tepuesta v. Pa1m Beac�i County Heal th Departrrtent, SFW.N.ID and the Loxahatchee River Entrironmental ControZ D.istr.ict (Is'NCON) at a Special M'eetincr to be He1d on Ju.Zv 26, 1999, Commencinq at 4: 00 D.m, i.ri �he ViZlaqe 1�Ia11 Counczl Chamkers, � 357 Teq_ue�ta Drive, Tequesta, F�orida, W.1`Yerein a CZosed Doar AttorneV-CZient Session Per F. S. 2�6. 011 (81 Sha1Z be He1d. - 1) Sub�ect Ma'�ter of Meetinq (Litiqation Strat�qv in above-referenced Litiqation) � 2} Attornev-Client Session Attendees a) Joseph N. Capretta b) Be�si1 E. Da1 ack c) Car1 C. Hansen d) Kon T. Mackail el EZizabe�h A. Schauer f> Thomas G. $radford a1 Scatt G. Hawkins, Esa. h) Jane Pastore, LeY & Marsaa Court Reporter *J. Resolution No. 44-98/99 - A Rcsolution of the Villaqe Council of the Villaae of Teauesta, Palm B�ach�Countv, Florida, Awardinq a Cvntract for Five Noteboolk Compu�ers and Associated Ecruipment to Motoro.Za of Bovnton Beach, F.Zorida, In The Amount of 520, 2�7. 46, I�avina a Total Fiscal Exx�ansion/ v=Lr�GB coIIrrc=z. M88TING MINOTBS �'t�.].� 22, 1999 � FAGL 9 --------------- Impact Fee Account Balance of 526,979 and Autho�izin4 the ViIZa4e Manaaer to Execute the Ax�z�I i ca.1�.I � Contract on BehaZ f of the Vi11 aQe of Tequesta . (Staff Recorrmiends Approva.Z ) � *K. Resolution No. 45-98/99 - A Reso.Zution of the Vi1�ac�e Counc.il of the VilZaqe of Tecrues�a, rialm Beac�i Coun�v, Florida Approvinq a Bid Award to Ranaer Construct�on Industries, of West Pa.I,m Beach, Florida, for Pavinq of Portions o.� Tecru�sta Drive in the Amount of 526, 70a, Pursuant to a Town of Juniter Contract for Such Service and Aut�orizinq the Vi�.Iacre M,anqer to Execute t�ie Same on Behalf of the Villaqe. (Staf� Recommends Azaz�rr�val ) Vill�4e Ma.nacrer Bradford eomment�d that t�.e Closed Doar Session in Item I also �ertained to litiaation with South Florida Water Ma.nacrement Dist�ict. �ot3.oa �aras made bv 'V3ce �avor 8anaea to appro�ve the Coaseat Aqeada as submitted. �` The motioa was Be�aaded bv Covaciimember Dal.ack. �he vote on the motion was: Ron T. �ackail - �or Carl C. 8ax�,sen - for Sasil nalack - for E13zabeth A. Schauer - for The motioa was therefore passed aad adopted. vsa�z. rt�v Bvsarr$ss L�) Coasiderat�.oa of Desi�aation of One villaqe �ow�.cil v'otinq Deleqate for the Florida Leactue of Cities 73rd Aaaual Coafereace ia Orlaado, Florf.da, Auqu,st 19-21, 1999. VILLA.(�8 COUNCIL MBETING MINO'PSS JulY 22. 19$9 PAGL 10 --------------- Village Manaaer Bradford explained that onlv those �ersons desianated could vote at the annual business session. Councilmember Schauer was chosen to be the votinq deleaate. Couacilmembar Dalack made a motion to a�poiat Councilm�ember gli.zab+ath A. Sc]iauer as the villaqe Couacil votiaq Delecrate for th�t Florida Leac�ue of Cf ties 73rd A�r�ual Conference ia Orlando, Florida, to be held Auaust 19-2�., 1999. Yice Mavor Haasea secoaded the motioa. The vote oa th� moti.on �rae: Ron T. M�ekail - for Carl C. 8aasea - for Basil Dalack - for �liz�b�th A. Schauer - for The motian �ras the�e�ore uass�d sad adopted. S) Discussioa af Ramificatioas of Passacre of 8ou�e 8i11 261. Villacxe Ma.nacxer Bradford e3enlained that Governor Je�b Bush had made a ca�,x�aian promise to sun�ort nassaae of House Bill 26i which substantiallv am�nded ChaAte�s 175 and 185 of Fl�rida Statutes pertain.ina to retirement plans nrovided to firemen and police officers. House Bill 261 was overwhelmina�y approved in 1998 by both hauses but vetoed bv then Governor Chiles. The Bill was aaain suQAOrtecl bv both houses under the Sush administration and Governor Bush s�aned it into law. The Bill reaui.red certain minimum standards for police and fir� retirement nlans. most of which were met by Teauesta, but the Villacre M�naQer had brouaht this up because Aolice and fire plan �particix�ants had the rietht to hold a referendum t�rior to October 1., z999 that wauld a11ow them to create separate �ension boards for �olice and fire. villaae Manaaer Bradford explained that i� the Police and Fire employees took advantaae of this option, the Vill�ae could have three board� instead of one: and that the �TT�LAf,'�L COUNCIL MBF2TING MINDTSS Ju7.y 22, 1999 PAGE 1]. --------------- current �ension trust fund contained funds for nolice, fire, and creneral emplavees, all administered bv one Board. VillaQe Manaaer Bradfozd stated staff�s opinian was that if the x�olicemen and firemen voted to have separate boards, staff would have to (1) come to the Villaae Council and advise whether in our oAinipn it would be to the benefit of the Villaqe to refuse anv more premium tax re�renue from Tallahassee, which was the link recruiring the Villaae to have thi� vo�e, This wauld meax� that Tectuesta would not ctet over $30,000 annually for the pension plan. The other option was that if the Villacre had three separate plans, a� addition�.l staff� pers�n would need to be hired ta administer the three plans and staf� would recommend th�.t the cvst of that emplovee be borne bv the pension pian an.d not the residents of the Vill.acxe. viZlaae Manacxer Bradford renor�ed tnat eurrentiv the ViZlaere bore a lot of exnenses in the General Fund that it was not reauired to bear, such as �he cQSt of a recording secretarv and oth�r incidental exvenses. With three pension �lans, the glans would need to be.ar those expenses. Villaqe� Ma.naaer Bradford � explained that staff mav recommended in the davs ahead that t�ie Villaa� Council pass �n Orda.nance flo lonqer im�aosi;na the premium tax in Teciv.esta so tha� the Villacte • did not have to receive the revenue . The V�.Ilacre Manaarer exalained that all homeowners poliCies sold in the State of Florida had tMe premium tax included, so residents would still have to pav it when premiums were t�aid for homeowriers insurance policies, but the monev would ao to another munic�pality for their retirement�plans, if it was de�ermined that would be cheap�r than hirinq an administrator. Villaare Ma.naaer Bradford commented that this would be discus�ed at the Pension Board meetinq at the en.d of this month. Councilmember Schauer cruestioned what other municit�alities were dvinq reaardincr this issue. Villaae Manaaer Bradford res�onded �hat eircumstanees varied from city to citt�, but anly five comm�xnitie� in Florida--three VILLAGL COt3NCIL MBE�ING �INDTBS Julv 22, 1999 PAGg 12 --------------- of which were Lantana, Palm Beach. and Teauesta--where Aolice, fire, and creneral emplovees were al]. croverned bv one board. Villaae ManaQer �radford explained that the onlv rumor he had heard was that Lantana was about to wash its hands of the Aremium tax dol�ars because thev had concluded it was cheaper to not accez�t the mo�.ev and be free of that reauirement. Councilmember Schauer commented �hat last vear at the convention si�.e had attended. Governor Bush had aiven a speech on this to�ic, and she had suAported it, but did not realize the ramifications for Tecruesta villa4e �Ianaaer Bradford exqlained that Teauesta had never been in favor of House Bill 261 because the Villaae's costs would rise and the bi],I was �assed over th� ob�ections of everv communitv in the State of Florida. Villacre Attornev Randol�h comment�d this was a camnaicm promise and all the cYties we�e aaainst it, as well as the Florida Leacru.e of Cities. Councilmember Dalack summarized bv �tatina his understandincr of the issu� that this law made Chancres ` which the Villaae could avoid bv aivinq up at�proximatelv �30,000 per vear, wYi�ch it ap�e�red would 'save the Villacre monev, which VillaQe ManaQer Bradford verified. vice Mavor Hansen auestioned whether the same �eot�le could serve on all three senarat� board�, to which Villaqe Manaaer Bradford re�t�onded the emnlo�ee rep�esentatives on each board would be different and whether the other board members could be �hE same would have �o be researched bv the villaae Attornev. Vice Ma.vor Hansen auestioned whether smaller communities would � resist more, to which Villacxe �ianaaer Bradford resx�onded that the larcrer the communitv the more monev thev would receive from the State; hovu�ever, it �vould denend on manv factors an.d he did not 3tnow of anv citv that had favored passacre of House Bi31 261. Villaae ManaQer Bradford explained that no action was reauired bv the Villa�te Council at this time, but he had wanted them to be afnrare that action would need to be taken at the next Board of Trustee5 meetina. and he was �ust advisina them of what had happ�ned. Mavor Mackail commented that the current VILLA(�E COIINCIL �'BETING MINOTES July �2, 1999 FAQ�3 I3 --------------- pension fund had been. growing and the investments made had done well. The Mayor explained that in the beginning the General Fund had paid for actuarial servi�es, and commented that he saw this as very costly far the Village. Mayor Mackail questioned how the appropriate players couid be advised to prevent th�m making decisions based on misleading information, to which Village Manager Bradford responded that the Village would crystallize their position and make it known to the employees who would be vating. The Village Manager commented that the Pension Board needed to make their position known, anc� that their posit�.on could be different than that af the Village Council. Village Manager Brac3.ford commented that �h� co�t of running the pensian pl�.n would be multiplied by three, that he anticipated no problems fram Fraternal Qrder af Po7,ice, and that a lot of the em�loyee� were still under Florida Muni,cipa]. Retirement. New employees hired after January 1996 would be affected by this change. The CWA had alr�ady indicated to the Village that they wauld not ailaw their peaple to participate in a prefe�ence vote to �.11ow general emg�oyees to go to a defined con�ribution plan, and since most of the general employ�es in the plan desired their retirement fund to be closed out and converted to a 401K sa that they could make their own investments, if the Village was able to allow the generai employees to close out the General P].an and go to a 401K, the VilZage would be down to two boards instead of three. Mayor Mackail co�m.ented that information must be provi,ded in a bullet format or in another way so that it cauld not be confused, and stated that the Board could make better investments than individuals. Village Manager Bradford commented that when the Village set up their plan they k�ad set it up in one fund with three plans, and that the Village had made it very clear that the premium tax money was pledged for the sole benefit of the firefi�hters and police with no co-mingling of funds; therefore, the employees might not see any need to do anything. Mayor Mackail stressed the impartan.ce of the employees of the 'Village kn.owin.g the VILLAGS COtJNCIL b�ETING MIN't1TLS July 22, 1999 PA6E 14 facts of what the Village Manager was explaining. Councilmember Dalack commented that since administration expenses would come out of the pension funds, it sounded as if there would be a loss of benefits to the workers if fragmentation took place; and if it could be avoifled then the Village could keep the $30,000 per year in premium tax proceeds and �he workers would be better o€f financialiy to ke�p the system as it is. CounciZmember Dalack questioned whether that could be �hown on paper, to which Vi3lage Manager Bradford responded affirmatively --that employees would either experi�nce a reduction in benefits or the cost would go up in order to provide the same level of benefits. Village Manager Bradford �tated no action was required by th� village Couricil, that this had been a status report. Mayor Mackail r�quested the Village �ouncil be kept informed on this issue. L) Resolutioa No. 46-98/99 - A Resolutiot� of the Village „ Council of the Village of Tequesta, Palm Seach Gouaty, F3orida, Approviag Scope of �ervices Praposal �vith AeriaZ .-3:� Data Reductioa Assoca.ates, =ac. {ADR) of Penasaukea, Ne�' Jerseg, for Implemeatatioa of a�eograghic Iaformatioa System {GIS) in the Amount of �88,497,48 Over Z'v�o Fiscal Fears with Funds for FY 1998/1999 Beiag Appropriated Fraan the Water Euterprise Fund, Cap3tal �mprovemeat Fuad, 8aviag a FY 199$/1999 Hudget Allocatioa of $12,50E3, aad a Propased FY 1999/2Q00 Sudget Allocation of $100,�100 Sub�ect to Fuads Seiag Approgriated and Approved by the village Cou�aail for FY 1999J2U00, aad Authoriziag the village Manager to Sxecute the Applica.ble Caatraat oa Sehalf af the Village. (Staff Reaommeads Appraval) Village Attorney Randolph read Resolution No. 46-98/99 by title anly. Village Manager Bradford reported that in the recent budget workshop, it had been diseussed that Palm Beach County had indicated that they would pay approximately 1/3 of the total cost for a GIS system because they would VILLAGS COUNCTL MSSTING ffiINDTES Juiy 22, 1999 PAG8 15 --------------- benefit from the data collected, and that had not changed. The villag� Manager explained that Palm Beach County needed an indication from the Village so that they could go fo�ward to reserve the funds this fiscal year. Vice Mayor Hansen commented that he did not understand what the village would be geC.ting for the $88,000 purchase price, to which Utilities Director Matthew Morrison respond�d by passing out aerial photographs to shvw the resolut�on eurrently available. Mr. Morrison explained that with the GIS system, an aerial photograph could be scanned in electronically so that it could be displayed on a computer screen and �il�s could be created, allowix�g use of software to draw information from the files. Mr. Morrisor� explained that the Commur�ity Developmen.t Department would benefit, the Fire Department wauld be �ble to tell where fire hydrants were, water breaks cQu1d be repaired more easily since the �ystem could show all valves necessary to be shut off in order to repair the lines, etc. Nir. Morrison estimated that it �vould take 2-2-1/2 year� to input all the data, but after that the Village would not have to us� engineering services for such items. Mr. Morrison explained that this purchase was for a program to inpu� basic information pro�rided in digita3 format, ax�d software would have to be purchased to manipulate the da�a. Mr. Morrison explained that Palm Beach County had entered into agreemen�s with a number ot communities to help them abtain GIS systems since the Property Appraiser's office could use the information regarding property lines, boundar�es, etc. Vice Mayor 8ansen made a mot�.oa to approve Resolutioa No. 46-98/99. Counc3.lmember Schauer secoad�d the motioa. The vote oa the motioa was: . Ron T . �ackafl - for Carl C. Saasen - for Baeii Dalack - for Slizabeth A. Schauer - for VILLAC�B COVNCIL M�ETING MINDT$S July 22, I999 PAG$ 16 --------------- The motioa �vas therefore passed aad adopted. IX. t7NFINISHED BIISIN$SS A) Ord3aaace -�ecoad Readiag - Au 4rdiaaace of the Village Councii c�f the Viilage of Te+questa, Paim Seach Couaty, Florida, Ameudiag Chapter 9 of the Code o� prdinaaces of �he village at Article 2I, Fire Pre4eat3an, to Provide that Certain Qse� Faea be Paid withia the Specified Time Perfod; Providing that Persons atho Fail to pay ia a Timely Maaaer Shall be S�ub�ect ta iteview by the v�llage Special Mastar Purauaat �o the Code Sr�forvemeat Ordiaaace of the v�.11age, Chapt�r 2, Article TV, �ivisioa 2; Providiag foz Severability; Proqidiag for &epeal of Qrdinances in Conflict; Providing for Codificatioa; Providiag aa 8ffective Date. {Statf RECOmmneads Ap�pra�al) Village Attorney Randolph read the above Ordinance on Second Reading by title only. Coun�ilm�mber Dalack com�nent�d it was his understanding that this �rdinance was to er�force collection of ernergericy services, and recalled at first reading that none of the residents present were in favo� of the Ordinance. Councilmember Dalack stated he had voted for the Ordinance on.first reading; however, would not vate for it again since his impressian w�s this was essentially cosmetic an.d had the appe�.ran.ce of making things mor� difficult for people on Social Security and d�id not feel anything ben.e�icial would be gained by passing this Ordinance. Couneilmember Schauer complimented staff on the flow chart provided, and �xpressed her opin.ion that peo�le were being given enough time to pay. vice Mayor Hansen catnmented that a recent �.rt�.cle in the Palm Beach Post had mEntioned that dur�.ng the past four years the City of Ri�riera Beach had lost approximately $5 millian in uncollected code fines, and VTLLAGE COUNCZL ��TING MINUTES �u.ly 22, 1999 PAGL 17 they were going to do something about it since they could not continue to go on that way. Vice Mayor Hansen recalled that at the time the Village purcha�ed their two ambulances it had been with the idea that instead of peaple paying Pa1m Beach County or Jupiter Hospital for transport, they could pay the Village. The Vice Mayor indicated that the Village �ouncil was not tryin.g to hurt peaple on Social Security, and explained that before the tiTillage provided transport people had paid transport fees to someone else. Villag� M�anager Bradford com4nented that the Vice Mayor had summarized the i�sue we11, and that the Ordinance taas only creating a due date system and for those who refused to pay putting into place an enforcement system to allaw the Vi3lage to colle�t the money that it cost to �rovide the service. Mayor Mackail commented he saw a lot of hands �aised in the audience and requested residents abCain cards from the Recording Sec�etary in orc�er to speak. Ed Resnik, 342 Country Club Drive, recalled that at the last meeting he had spoken regarding the`"charging of an amount for emergenc�r transport of individuals that required trarzsport to tYie hospital and that in many cases the entire bill was not paid and in many cases a portion was not paid. Mr. Re�nik commented he had spoken with others ir�cluding the Vill�.ge Manager Bradford, and th� majority of tY�ose transported were on M�dicare or those that w�re indigent. Mr. Resnik stated he was tra�sparted to Jupiter Hospital in 1994 by emergency s�ervice provided by the County, and they had accepted what Medieare paid, and �e never received an ex�ra bill. Mr. Resnik expressed his opinion that the amount Medicare paid was a fair charge for tran�porting an individual, and that was what the Village should eharg�. Charging more resulted in individuals being required to have a supplemental policy, but sometimes people did not have that. Mr. Resnik recommended that if the Viliage wanted to charge more than Medicare paid that they should take the extra from th�ir surplus fund rather than charging VILLAGS COUNCIL �RTINC� MINOTFsS July 22, 1999 PAGE 1$ the residents. Mr. Resnik advised that the Village Manager had told him if the Village did not collect the $90,000 in extra money it would mean a 3� raise in taxes, and people would not wan� that, but everyone had a possibility of being taken to the hospital, not just the people who paid extra for supplemental insurance. Mr. Resnik commented that Village Manager Bradford had told him Palm Beach did not charge their people and the Town financed emergenc� transport to provide a s�rvice, and everyone paid for it because no one knew when the� might have to use this service. Mr. R�snik stated tl�at the Village wasted a lot of time pursuing this $90,000 and he believed the buci.get should be adjusted so that the number Qf trips projected each year €br em�rgency medical serv�ice was covered by the amount medieare would pay, or the average insurance amount that people received, and the rest paid from the Village's �urplus fund. Mr. Resnik reques�ed this �atter be looked intQ. Mayor Mackail commented tY�at what Mr Resnil� said had merit and that people were opposed to raising taxes. The Mayor advised that he woul� vote for the Ordinance since Yie understood it was an administrative procedure, and. requested that VilZage Manager Bradfo�d Zook into different scenario� presented by Mr. Resnik and Councilmember Dala�k, and other sourees of funding. Mayor Mackail requested that people fill out cards requesting to speak before the meeting. Joe Hal.l, 159 Countr� Club Drive, stated he did not knvw how a resident could plan what they wanted to speak about prior to an agenda item being brought up, to which Mayor Mackail responded that could be done, he just wanted to avoid people waving their hands all night. Mr. Hall stated that prior to the Village having their own transport system that residen�s had to pay Palm Beach County for transport, and when. the Village purchased ambulances the people of Tequesta paid for those ambulances, so why did they hav� to cantinue to pay for the service after they had paid for the ambulances. M`r. Hall commented tha� VILLAGE COQNCTL D�ET�NG MINDTE3 July 22, 1999 PAGS 19 Martin County resident� should pay, but the taxpayers of the Village had already paid their dues. Mr. Hall �tated it was his understanding that only 15� over what Medi�are paid could be charged. Viilage Manager Sradford commented EMS service had alwa�s been a user fee service, � whether provided by the Village or Palm Beach County or North County Ambul.ance. The '`lillage Manager explained that back in time when the Village had been under the County'� EMS system that residents were taxpayers in the Palm �each Caunty Municipal Ta�cin� Unit which provided the revenues for that operatian; therefore, residents had ownership, so to speak, when the service was provided by the County and it was a user fee driven service then. When Tequesta tbo3� over fire, they did not immediately take over fire rescue, which continued to be provided by North County Ambul.ance, which was taken. over by Jupiter Medical Center, and they all charg�d a user fee fbr that service. When the Viiiage took over EMS, they adopted the �ame average rate charged in Palm Beach County, and it was 5ti11 the typicai average rate, and�was user fee =driven. Village �ianager Srad�z�rd eommented the amount paid b�r Medicare was less tha.n the cost to provide the service, so an EMS transpart system could nbt be set up on th� assumption that the Vil.lage could only receive the � ampunt that came from Medicare or they would go in tl�e hole every �rear. The Village Manager made an analogy to automobiles and insurance, and explained that when a person had an auto accident and took their ear to a body shop for repair and their in5urance policy �.ad a �ieductible, the body shop did not accept only what the insurance company paid, they made the person pay the difference. Vill�.ge Ma.nager Bradford commented this was the same thing this ordinance was saying as well as e�tablishing a due date for the payment. Vice M�.yor Hansen commented he was on Medicare and had a supplement, which took care of ever�thing, including transport to the ho�pital, and he assumed most I�,�lOs also covered transport. Many people in the audience indicated HMOs did not cover transport. Vice Mayor Hansen suggested the vrzzA.c$ eovrrciL �ESTTNG MINUTBS July 22, 1999 PA(aE 2 0 --------------- possibility that those covered by insurance should pay. Ma.yor Mackail commented he did not disagree with the Vice Mayor, but ever�rone had dif ferent insurance that would require different funds, and he suggested approving the ordinance so that internal bookkeeping could take place; however, other compromise avenues of funding could still be pursued. Acting Fire Chief Burr�sed responded to Mr. Resnik�s suggestion that he believed it was illegal to only bill the amount Medicare would pay, and laws required a price be set for a user fee to be charged to everyone, and Medicare would pay a percentage of that price and the Village was required to bill for that difference. Village Attorne�s Randolph indicated that in a 5ituation where th� Viilage wrot� off a pqrtion of the bill nat covered by insurance and only required the insurance company �o pay, that was insurance fraud, so the Village had to be very careful in looking at and anal.yzing this issue. Councilmember Schauer requested that when the Village Ma.nager researched the issue that he inform the Vil.lage Council as to the number of people who were �°•€3elin.quent. Cou�cilmember Da:t�ck comm2nted � there v�ras no substantive change in the ordinance other than to provide an enforcement.tool, and the perception was a harshness, which he did not believe accomplished � lot. Councilme�er Schauer made a mo�ioa to approve the above Ordiaauce on Second Readiag by title oaly. Vice Mayor Hausea secouded the motion. The vote oa the motioa wass Ron T. Mackafl - for Carl C. HaASea - for Basii Dalack - agaiast Elf.zabeth A. Schau�r - for The motioa was therefore passed aad adopted. B) Ordiaaace - Second Readimg - An Ordiaance of the Village Counail of the Village of Tequesta, Palm Beach Couaty, VILLAGg COUrTCIL I�LTING MINDT33S July 22 1999 PAGE 21 Florida, Providing for Ameadmeats to the Village Budgets Ado�ted for the Fiscal Year Commeaciag October 1, 199$. (Staff Recommeaas Agproval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Vil3age Manager Bradford expl�.ined this Ordinance provided for amendments to the current fiscal year's budget which was an accountin.g procedur� to show revenues and expenditures not an.ticipated when the budget was adopted. Village Manage� Bradford recommended adoption of this Ordinance so that staff could work from the revised document. Cauacilmember Schauer made a motioa to approve the above Ordinaace on Se�oad Reading by t3tle oaly. Vice Mayor 8aasea seaoaded the motioa. The vote oa the motfaa v�as: Rca T . Macka3,1 - €or Carl C. Saaseu - for Basil Dalack - for Elizabeth A. Schauer - �or The motiQa was �herefore passed and adopted. X. ANY OTHER �'ATTBRS Village Manager Bradford commented that a I�tter had been received from Mayor �agner of Lake Park regarding a joint NAMAC meeting �o discuss the county-wide 800 megaheztz radio system and he was sure that centralized dispatch wauld be a topic of discussion. The letter called for a joint meeting at Juno B�ach Town Hall at 7 p.m. either Monday, August 2; Thursday August 5, or Manday July 26. August 2 was preferred by the N�+,MAC Coordinating Council. village Manager Bradford explained that a quorum of the Village Council was requested �t the meeting, and commented that the 800 megahurtz system v=zr�Gg covrre=z b�ETING MINVTE� July 22, 1999 PAGg 22 --------------- had very extensive ramifications �or the Village. Mayor Macl�ail comment�d Mayor Wagner was most involved from a political standpoint, and that it was a major undertaking that the T�questa Village Council members did not really understand, and recommended that the Fire Chief and Police Chie� should say what the Village needed and why. Ma.yor Ma�kail stated this issue had been discussed for 6-7 years. Police C'�.i�f Alli�on commented it had been longer than that. Village Manager Bradford expressed his opinion that the Va.11age Cauncil would be a�ked to take a position, and recommended they attend the nleeting and ask questions, since the interlocal agreement was complicated. Cquncilmember T�alack cammented that the Viil�ge Council would ne�d to rely on the Chiefs, with which Village Manager Bradford agreed. Village Manager Brad�ord commented that even if Tequesta did nat need tMe s�stem they might have to participate because they might not be able ta communicate with their neighbors who were usin.g the new sy�stem. Mayor Mackail stressed the importance ot this issue and recommended that the Chiefs tell the Village Council their current problems and why they ne�ded the new system. Vice Mayor kTansen commented this was a difficult decision, and explained that he had been Tequesta�s represen�ative at the NAM�C meetings. TMe Vice Mayor reported that the 800 megahurtz system would be better but it did have proble�ns and it was more expensive; and aithough the Village was nat bad off with their present system they would be left behind if the neighborin.g communities went to the new. vice Mayor Hansen commented that the 800 megahurtz system and centralized dispatch were both very important decisions. Councilmember Schauer commented th�.t at the Iast such meeting Tequesta was the only - municiPal.ity present with a quorum. August �r�d was chosen by the Village Council as the preferred date for the meeting. XI. ADJOIIR'N�iT Couacilmember Dalack moved that the meetiag be ad�ouraed. Cotuxcilmember Schauer seconded the motioa. The vote oa the VILLAGL COIINCIL b�TTINC MTNiTPES July 22, 1999 PAGB 23 mot�.aa was : Roa T. Mac�cail - tor Carl C. Saasen - for Sasil E. Dalacl� - for Eiizabeth A. Schauer - for The motioa was therefore pa�sed and adopted aud the meeting was adjourued at 8:42 P.M. Respectfully submitted, ���.z� � Betty Laur Recording Secretary ATTEST: Joa.rin Manganiello �illage Clerk DATE APPROVED: