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HomeMy WebLinkAboutMinutes_Regular_07/22/1999• VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JULY 22, 1999 I. CALL TO ORDER 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. Mackail, 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. Councilmember Joseph N. Capretta was absent from the meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE Basil E. Dalack gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA 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 VILLAGE COUNCIL • MEETING MINOTES July 22, 1999 PAGE 2 --------------- joint NAMAC meeting. vice Mayor Hansea made a motion amended. Couacilmember Schauer vote on the motion was: Ron T. Mackail Carl C. Hansen Elizabeth A. Schauer Basil Dalack to approve the Agenda as seconded the motion. The - for - for - for - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMMUNICATION FROM CITIZENS • Hattie Siegel, 498 Dover Road, commented there was a dangerous area with holes in the parking lot of Tequesta Plaza which was dangerous to any kind of traffic cutting through or parking there. Village Manager Bradford explained that the Village was responsible for the roadway section and Mr. Zuccarelli was responsible for the problems depicted in the photographs Mrs. Siegel had presented. Mrs. Siegel expressed her opinion that the Village should not allow this situation to continue since 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 Manager stated the situation would be checked out. Mrs. Siegel explained that it had been a year since three appellate judges had overruled the Special Master and the lien on her home had not yet been released. Mrs. Siegel requested that the Village remove the lien. Mayor Mackail stated this situation would be taken under advisement. vi Laamanen, 12 Palmetto DQay, commented that she found the condition of the parking lot for the Presbyterian Church • very objectionable, stated that Tequesta Drive had been VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 3 --------------- kept nice in the past but properties were deteriorating and one house she knew of had had a roof in disrepair for the past two years. Mrs. Laamanen expressed concern regarding the way development was going on and commented that everything was beginning to look like it was done for money only. Mrs. Laamanen stated she was now a permanent resident and would like to make a contribution of service to the Village. Hubert Elliott, 151 Golfview Drive, a resident since 1961, expressed concern over the quality of the IQ water used on the golf course and stated it had permeated the aquifer. Mr. Elliott described his efforts to locate the official who had authorized ENCON to use IQ water on the golf course. Mr. Elliott stated wells were polluted and the air contained dust particles released when water dried up. Mr. • Elliott expressed concern for the health of children in the area. Mr. Elliott stated the village was playing with dynamite and was shoving this down the throats of residents. Geraldine Genco, 7 Country Club Circle, commented that following receipt of a letter from ENCON she had contacted Mr. Sheehan and Mr. Dent and became convinced they had valid concerns based on conversations and studying their engineering report. Ms. Genco expressed her opinion that residents would have to connect to ENCON~s sewers, but stated her biggest objection was being charged a $3,000 connection fee and questioned whether the Village might mediate with ENCON and come to a compromise regarding this fee. Ms. Genco stated she had corresponded with Village Manager Bradford regarding landscaping for Country Club Drive, and requested that during Phase II the Village consider maintenance requirements of live oaks when placed only 20~ apart, since she could foresee in 10 years a lot of trimming, etc. • V. PUBLIC HEARING VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 4 --------------- A) Consideration of Approval of Ordinance Adopting 1996 EAR Based Comprehensive Plan Amendments The Village Attorney read the Ordinance by title only. B) Public Comments There were no comments from the public. Vice Mayor Hansen commented the village should be aware that there had been more objections from Tallahassee this time than before and questioned the objection on page five regarding residential uses in the mixed use district. Director of Community Development Scott D. Ladd responded that the Village had not chanced their Future Land Use Map ~ • so that in this round the map on the previous round had to-be amended to create a mixed use category, which had been C-2 before. The Vice Mayor commented that he believed including residential in the mixed use district was good. Mr. Ladd commented that the reason for this re-write was that the State wanted more specificity, and before they had wanted broad based comments. Uses were listed in the Comprehensive Plan and also added to the Future Land Use Map. Village Manager Bradford v commented this document had cost over S60,000 and the prior one had cost $80,000. Mr. Ladd commented that the cost would continue to come down, since the village was in a period of transition to reduce the use of outside help. Mr. Ladd predicted that - in the next round everything could be done by staff except traffic items which would require the use of a traffic consultant. Geraldine Genco questioned whether parking spaces were amended when changes were made affecting commercial uses. Mr. Ladd responded that the State did not get involved in zoning matters such as setbacks, parking, etc., and • that the zoning ordinance had already been amended, VILLAGE COUNCIL MEETING MIN[TTES July 22, 1999 PAGE 5 --------------- and the map would help with being more consistent with the already adopted zoning plan. Vi Laamanen ctuestioned how sianificantly_ did this document differ from the prior one in land density and land use, to which Chair Mackail responded that Mrs. Laamanen should contact the Community Development Department to obtain that information. C. Ordinance - Second Reading - Aa Ordinance of the village Council of the Village of Tequesta, Palm Beach County, Florida, Amending the Comprehensive Place of the Village of Tequesta, Adopted is 1989, is Relation to Items Identified in The Village's 1996 Evaluation and Appraisal Report and is Accordance with the Local Government Comprehensive Planning and Laced Development Regulations Act, as Amended, so as to Incorporate New, Revised and/or Updated Text, Tables, Maps, Figures, Analysis, as Nell as Goals, Objectives and Policies in the Introduction, Future Laced use Element, Transportation Element, Housing Element, Infrastructure Element, Coastal Management Element, Conservation Element, Recreation and Open Space Element, intergovernmental Coordiaatioa Element, Capital Improvement Element, Place Monitoring gad Evaluation Section Relating to Consistency with the State Comprehensive Plan and Public Participation Program Requirements and Other Textual Amendments and Modifications; All in Relation to Items Identified is the village's 1996 Evaluation and Appraisal Report (EAR) and Additional Amendments for Policies Addressing State Requirements for School Siting and Co-Location and intergovernmental Coordiaatioa Elements; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing for an 8ffective Date. (Staff Recommends Approval). • Couacilmember Schauer made a motion to approve the VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 6 --------------- above ordinance on Second Reading by title only. vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Elizabeth A. Schauer - for Basil Dalack - for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by oae motion. There will be no separate discussion of these items unless a village • Councilmember so requests, in which event, the item will be removed frown the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mavor Mackail read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Cotrnrtunity Appearance Board Meeting Minutes, Mav 19, 1999; *B) Community Appearance Board Meeting Minut es, June 23, 1999; *C) Community Appearance Board Meetin_q Minutes, - Ma_v 26, 1999; *D) Special Master Hearing, Mav 27, 1999; *E) Village Council Meeting Minutes; June 10, 1999; *F) Village Council Workshop Meetin_q, July 6, 1999; *G) Village Managers Report: June 7, 1999 to Ju1v 16, 1999 IX. NEW BUSINESS • *A) Resolution No. 42-98/99 - A Resolution of the VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 7 -------- ------- Village Council of the Village of Tecruesta, Palm Beach County, Florida, ApArovin_q an Engineeringq Services Proposal with Reese, Macon and Associates of Lake Worth, Florida, for Engineering Services for Remote Telemetry Design and Construction Services in the Amount of 539,500 Subiect to Funding Appropriation by the Village Council for Phase II in Fiscal Year 1999-2000, and Authorizingq the Village Manger to Execute the same on behal f of the Village. (Staff Recommends Approval) *B) Resolution No. 43-98/99 - A Resolution of the Village Council of the Village of Teq_uesta, Palm Beach County, Florida, Approving the Bid Award for the Reverse Osmosis Treatment Plant LandscaAin_q Irrigation System to Florida Design Contractors, Inc. of Lake Park, Florida, in the Amount of • 519, 890, With Funds Being Appropriated from the Water Revenue Bonds, Series 1998, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *C) Consideration of Declaring Surplus One Vehicle Pursuant to Section 3.02 (8) of the Village Charter (Staff Recommends Approval) *E) Adoption of the Proposed Millage Rate (6.7305) Necessary to Provide the Ad Valorem Taxes Required to Balance the Tentative Fiscal Year 2000 General Fund Budget. (Staff Recommends Approval) *F) Adoption of the Computed Rolled-Back Mi11a_ge Rate (6.5460) to be Provided to the Property Appraiser in Accordance with F. S. 200. 065. (Staff Recommends Approval) *G) Adoption of the Date, Time and Place of the First • and Final Budget Hearings to Consider the Proposed VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 8 --------------- Millaae Rate and Tentative Bud_crets. (Staff Recommends Approval) 1) First Public Hearing - September 9, 1999, 7:00 P. M.; Village Ha11 Council Chambers, 357 Tecruesta Drive Tecruesta, Florida. 2) Final Public Hearing - September 21, 1999, 7:00 P. M. ; Village Ha11 Council Chambers, 357 Tec~uesta Drive, Teauesta, Florida. *I) Announcement and Notice of Attornev-Client Session Concerning Village of Tecnresta v. Palm Beach County Health Department, SFWNID and the Loxahatchee River Environmental Control District (ENCON) at a Special Meeting to be Held on Ju1v 26, 1999, Commencing_ at 4:00 p.m. in the Village Ha11 Council Chambers, 357 Tequesta Drive, Tecruesta, Florida, Wherein a Closed • Door Attornev-Client Session Per F.S. 286. 011 (8) Sha11 be Het d. 1) Subject Matter of Meeting (Litigation Strategy in above-referenced Litigation) 2) Attornev-Client Session Attendees a) Joseph N. Capretta b) Basil E. Dalack c) Carl C. Hansen d1 Ran T. Mackail e) Elizabeth A. Schauer f) Thomas G. Bradford g) Scott G. Hawkins, Escr. h) Jane Pastore, Ley & Marsaa Court Reporter *J. Resolution No. 44-98/99 - A Resolution of the vi11a_ge Council of the village of Tecruesta, Palm Beach County, Florida, Awarding a Contract for Five Notebook Computers and Associated EcTtzipment to Motorola of Boynton Beach, Florida, In The Amount • of 520, 257.46, Havina a Total Fiscal Expansion/ VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 9 --------------- Impact Fee Account Balance of $26,979 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Villacre of Teq'uesta. (Staff Recommends Approval) *K. Resolution No. 45-98/99 - A Resolution of the ViZlacre Council of the Village of Teauesta, Palm Beach County, Florida, Approving a Bid Award to Ranger Construction Industries, of West Palm Beach, Florida, for Pavinc7 of Portions of Tecruesta Drive in the Amount of 526, 700, Pursuant to a Town of Jupiter Contract for Such Service and Authorizincr the Village Manger to Execute the Same on Behalf of the Village. (Staff Recommends Approval) Villacte Manager Bradford commented that the Closed Door Session in Item I also pertained to liticxation • with South Florida Water Management District. Motion was made by vice Mayor Hansen to approve the Consent Agenda as submitted. The motion was seconded by Councilmember Dalack. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. VIII. NL~P BUSINESS D) Consideration of Designation of One Village Council Voting Delegate for the Florida League of Cities 73rd Annual Confereace in Orlando, Florida, August 19-21, 1999. • VILLAGE COUNCIL MEETING MINUTES July 22, 1999 PAGE 10 --------------- Village Manager Bradford explained that only those persons designated could vote at the annual business session. Councilmember Schauer was chosen to be the voting delegate. Couacilmember Dalack made a motion to appoint Councilmember Elizabeth A. Schauer as the Village Council voting Delegate for the Florida League of Cities 73rd Aanual Conference in Orlando, Florida, to be held August 19-21, 1999. vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for . The motioa was therefore passed and adopted. H) Discussion of Ramifications of Passage of House Bill 261. Village Manager Bradford explained that Governor Jeb Bush had made a campaign promise to support passage of House Bill 261 whichlsubstantially amended Chapters 175 and 185 of Florida Statutes pertaining to retirement plans provided to firemen and police officers. House Bill 261 was overwhelmina_ly approved in 1998 by both houses but vetoed by then Governor Chiles. The Bill was again supported by both houses under the Bush administration and Governor Bush signed it into law. The Bill required certain minimum standards for police and fire retirement plans, most of which were met by Tequesta, but the village Manager had brought this up because police and fire plan participants had the right to hold a referendum prior to October 1, 1999 that would allow them to create separate pension boards for police and fire. village Manager Bradford explained that if the Police and Fire employees took advantage of this option, the village could have three boards instead of one: and that the VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 11 --------------- current pension trust fund contained funds for police, fire, and general employees, all administered by one Board. Village Manager Bradford stated staffs opinion was that if the policemen and firemen voted to have separate boards, staff would have to (1) come to the Village Council and advise whether in our opinion it would be to the benefit of the Village to refuse any more premium tax revenue from Tallahassee, which was the link recruirina the Village to have this vote. This would mean that Teauesta would not get over $30,000 annually for the pension plan. The other option was that if the Village had three separate plans, an additional staff person would need to be hired to administer the three plans and staff would recommend that the cost of that employee be borne by the pension plan and not the residents of the Village. Village Manager Bradford reported that currently the Village bore a lot of expenses in the • General Fund that it was not required to bear, such as the cost of a recording secretary and other incidental expenses. With three pension plans, the plans would need to bear those expenses. Village Manager Bradford explained that staff may recommended in the days ahead that the Village Council pass an Ordinance no longer imposing the premium tax in Teauesta so that the Village did not have to receive the revenue. The Village Manager explained that all homeowners policies sold in the State of Florida had the premium tax included, so residents would still have to pay it when premiums were paid for homeowners insurance policies, but the money would ao to another municipality for their retirement plans, if it was determined that would be cheaper than hiring an administrator. Village Manager Bradford commented that this would be discussed at the Pension Board meetina_ at the end of this month. Councilmember Schauer questioned what other municipalities were doing regarding this issue. Village Manager Bradford responded that circumstances varied from • city to city, but only five communities in Florida--three VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 12 --------------- of which were Lantana, Palm Beach, and Teauesta--where police, fire, and general employees were all governed by one board. Village Manager Bradford explained that the only rumor he had heard was that Lantana was about to wash its hands of the premium tax dollars because they had concluded it was cheaper to not accept the money and be free of that requirement. Councilmember Schauer commented that last year at the convention she had attended, Governor Bush had given a speech on this topic, and she had supported it, but did not realize the ramifications for Teauesta. Village Manager Bradford explained that Teauesta had never been in favor of House Bill 261 because the Village's costs would rise and the bill was passed over the objections of every community in the State of Florida. Village Attorney Randolph commented this was a campaign promise and all the cities • were against it, as well as the Florida League of Cities. Councilmember Dalack summarized by stating his understanding of the issue that this law made chances which the Village could avoid by giving up approximately 530,000 per year, which it appeared would save the Village money, which Village Manager Bradford verified. Vice Mayor Hansen questioned whether the same people could serve on all three separate boards, to which. Village Manager Bradford responded the employee representatives on each board would be different and whether the other board members could be the same would have to be researched by the Village Attorney. Vice Mayor Hansen questioned whether smaller communities would resist more, to which Village Manager Bradford responded that the lara_er the community the more money they would receive from the State; however, it would deA_end on many factors and he did not know of any city that had favored passage of House Bill 261. Village Manager Bradford explained that no action was required by the Village Council at this time, but he had wanted them to be aware that action would need to be taken at the next Board of Trustees meeting, and he was gust advising them of what • had happened. Mayor Mackail commented that the current VILLAGE COUNCIL MEETING MINUTES July 22, 1999 PAGE 13 --------------- 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 services, and commented that he saw this as very costly for the village. Mayor Mackail questioned how the appropriate players could be advised to prevent them 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 voting. The Village Manager commented that the Pension Board needed to make their position known, and that their position could be different than that of the Village Council. Village Manager Bradford commented that the cost of running the pension plan would be multiplied by three, that he anticipated no problems from Fraternal Order of Police, and that a lot of the employees were still under Florida Municipal Retirement. New employees ff i hired after January 1996 would be a ected by th s change. The CWA had already indicated to the Village that they would not allow their people to participate in a preference vote to allow general employees to go to a defined contribution plan, and since most of the general employees in the plan desired their retirement fund to be closed out and converted to a 401K so that they could make their own investments, if the Village was able to allow the general employees to close out the General Plan and go to a 401K, the Village would be down to two boards instead of three. Mayor Mackail commented that information must be provided in a bullet format or in another way so that it could 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 had 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 firefighters and police with no co-mingling of funds; therefore, the employees might not see any need to do anything. Mayor Mackail stressed the . importance of the employees of the Village knowing the VILLAGE COUNCIL MEETING MINUTES July 22, 1999 PAGE 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 avoided then the village could keep the $30,000 per year in premium tax proceeds and the workers would be better off financially to keep the system as it is. Councilmember Dalack questioned whether that could be shown on paper, to which Village Manager Bradford responded affirmatively --that employees would either experience a reduction in benefits or the cost would go up in order to provide the same level of benefits. Village Manager Bradford stated no action was required by the Village Council, that this had been a status report. Mayor Mackail requested the Village Council be kept informed on this issue. • L) Resolution No. 46-98/99 - A Resolution of the Village Council of the Village of Tequesta, Palm Seach County, Florida, Approving Scope of Services Proposal with Aerial Data Reduction Associates, Inc. (ADR) of Pennsauken, New Jersey, for Implementation of a Geographic Information System (GIS) in the Amount of $88,497.40 Over Two Fiscal Years with Funds for FY 1998/1999 Being Appropriated From the Water Enterprise Fund, Capital Improvement Fund, Having a FY 1998/1999 Budget Allocation of $12,500, and a Proposed FY 1999/2000 Budget Allocation of $100,000 Subject to Funds Being Appropriated and Approved by the Village Council for FY 1999/2000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Village Attorney Randolph read Resolution No. 46-98/99 by title only. Village Manager Bradford reported that in the recent budget workshop, it had been discussed that Palm Beach County had indicated that they would pay approximately • 1/3 of the total cost for a GIS system because they would VILLAGE COUNCIL • MEETING MINClTES July 22, 1999 PAGE 15 --------------- benefit from the data collected, and that had not changed. The Village Manager explained that Palm Beach County needed an indication from the Village so that they could go forward to reserve the funds this fiscal year. Vice Mayor Hansen commented that he did not understand what the Village would be getting for the $88,000 purchase price, to which Utilities Director Matthew Morrison responded by passing out aerial photographs to show the resolution currently 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 files could be created, allowing use of software to draw information from the files. Mr. Morrison explained that the Community Development Department would benefit, the Fire Department would be able to tell where fire hydrants were, water breaks could be repaired more easily since the system could show all valves necessary to be shut off in order to repair the lines, etc. Mr. Morrison estimated that it would take 2-2-1/2 years to input all the data, but after that the village would not have to use engineering services for such items. Mr. Morrison explained that this purchase was for a program to input basic information provided in digital format, and software would have to be purchased to manipulate the data. Mr. Morrison explained that Palm Beach County had entered into agreements with a number of communities to help them obtain GIS systems since the Property Appraiser' s office could use the information regarding property lines, boundaries, etc. Vice Mayor Hansen made a motion to approve Resolution No. 46-98/99. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Basil Dalack = for Elizabeth A. Schauer for VILLAGE COUNCIL MEETING MINUTES July 22, 1999 PAGE 16 --------------- The motion was therefore passed and adopted. IX. UNFINISHED BUSINESS A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 9 of the Code of Ordinances of the Village at Article II, Fire Prevention, to Provide that Certain User Fees be Paid within the Specified Time Period; Providing that Persons who Fail to pay in a Timely Manner Shall be Subject to Review by the Village Special Master Pursuant to the Code Enforcement Ordinance of the village, Chapter 2, Article IV, Division 2; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; i Providing an Effective Date. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance on Second Reading by title only. Councilmember Dalack commented it was his understanding that this Ordinance was to enforce collection of emergency services, and recalled at first reading that none of the residents present were in favor of the Ordinance. Councilmember Dalack stated he had voted for the Ordinance on first reading; however, would not vote for it again since his impression was this was essentially cosmetic and had the appearance of making things more difficult for people on Social Security and did not feel anything beneficial would be gained by passing this Ordinance. Councilmember Schauer complimented staff on the flow chart provided, and expressed her opinion that people were being given enough time to pay. Vice Mayor Hansen commented that a recent article in the Palm Beach Post had mentioned that during the past four years the City of Riviera Beach had lost • approximately $5 million in uncollected code fines, and VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 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 purchased their two ambulances it had been with the idea that instead of people paying Palm Beach County or Jupiter Hospital for transport, they could pay the Village. The Vice Mayor indicated that the Village Council was not trying to hurt people on Social Security, and explained that before the Village provided transport people had paid transport fees to someone else. Village Manager Bradford commented that the Vice Mayor had summarized the issue well, and that the Ordinance was only creating a due date system and for those who refused to pay putting into place an enforcement system to allow the Village to collect the money that it cost to provide the service. Mayor Mackail commented he saw a lot of hands raised in the audience • and requested residents obtain cards from the Recording Secretary in order to speak. Ed Resnik, 342 Country Club Drive, recalled that at the last meeting he had spoken regarding the charging of an amount for emergency transport of individuals that required transport to the hospital and that in many cases the entire bill was not paid and in many cases a portion was not paid. Mr. Resnik commented he had spoken with others including the Village Manager Bradford, and the majority of those transported were on Medicare or those that were indigent. Mr. Resnik stated he was transported to Jupiter Hospital in 1994 by emergency service provided by the County, and they had accepted what Medicare paid, and he never received an extra bill. Mr. Resnik expressed his opinion that the amount Medicare paid was a fair charge for transporting an individual, and that was what the Village should charge. 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 Village wanted • to charge more than Medicare paid that they should take the extra from their surplus fund rather than charging VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 18 --------------- 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 want 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 emergency transport to provide a service, and everyone paid for it because no one knew when they might have to use this service. Mr. Resnik stated that the Village wasted a lot of time pursuing this $90,000 and he believed the budget should be adjusted so that the number of trips projected each year for emergency medical service was covered by the amount medicare would pay, or the average insurance amount that people received, and • the rest paid from the Village's surplus fund. Mr. Resnik requested this matter be looked into. Mayor Mackail commented that what Mr. Resnik said had merit and that people were opposed to raising taxes. The Mayor advised that he would vote for the Ordinance since he understood it was an administrative procedure, and requested that Village Manager Bradford look into different scenarios presented by Mr. Resnik and Councilmember Dalack, and other sources of funding. Mayor Mackail requested that people fill out cards requesting to speak before the meeting. Joe Hall, 159 Country Club Drive, stated he did not know 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 residents 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 have to continue to pay for the service after they had paid for the ambulances. Mr. Hall commented that VILLAGE COUNCIL . MEETING MINUTES July 22, 1999 PAGE 19 --------------- Martin County residents should pay, but the taxpayers of the Village had already paid their dues. Mr. Hall stated it was his understanding that only 15~ over what Medicare paid could be charged. Village Manager Bradford commented EMS service had always been a user fee service, whether provided by the Village or Palm Beach County or North County Ambulance. The Village Manager explained that back in time when the village had been under the County's EMS system that residents were taxpayers in the Palm Beach County Municipal Taxing Unit which provided the revenues for that operation; 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 took over fire, they did not immediately take over fire rescue, which continued to be provided by North County Ambulance, which was taken over by Jupiter Medical Center, and they all charged a user fee for that service. When the Village took over EMS, they adopted the same average rate charged in Palm Beach County, and it was still the typical average rate, and was user fee driven. village Manager Bradford commented the amount paid by Medicare was less than the cost to provide the service, so an EMS transport system could not be set up on the assumption that the Village could only receive the amount that came from Medicare or they would go in the hole every year. The Village Manager made an analogy to automobiles and insurance, and explained that when a person had an auto accident and took their car to a body shop for repair and their insurance policy had a deductible, the body shop did not accept only what the insurance company paid, they made the person pay the difference. Village Manager Bradford commented this was the same thing this ordinance was saying as well as establishing a due date for the payment. Vice Mayor Hansen commented he was on Medicare and had a supplement, which took care of everything, including transport to the hospital, and he assumed most HMOs also covered transport. Many people in the audience indicated HMOs did not cover transport. vice Mayor Hansen suggested the VILLAGE COUNCIL • MEETING MIN[TTES July 22, 1999 PAGE 20 --------------- possibility that those covered by insurance should pay. Mayor Mackail commented he did not disagree with the Vice Mayor, but everyone had different 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 Burnsed 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 Attorney Randolph indicated that in a situation where the Village wrote off a portion of the bill not covered by insurance and only required the insurance company to pay, that was insurance fraud, so • the Village had to be very careful in looking at and analyzing this issue. Councilmember Schauer requested that when the Village Manager researched the issue that he inform the Village Council as to the number of people who were delinquent. Councilmember Dalack commented there was 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 a lot. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. Vice Mayor Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. Hansen - for Basil Dalack - against Elizabeth A. Schauer - for The motion was therefore passed and adopted. B) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, VILLAGE COUNCIL MEETING MINUTES July 22, 1999 PAGE 21 --------------- Florida, Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1998. (Staff Recommends Approval) Village Attorney Randolph read the above Ordinance by title only on Second Reading. Village Manager Bradford explained this Ordinance provided for amendments to the current fiscal year's budget which was an accounting procedure to show revenues and expenditures not anticipated when the budget was adopted. Village Manager Bradford recommended adoption of this Ordinance so that staff could work from the revised document. Councilmember Schauer made a motion to approve the above Ordinance on Second Reading by title only. Vice Mayor Hansen seconded the motion. The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS Village Manager Bradford commented that a letter had been received from Mayor Wagner of Lake Park regarding a joint NAMAC meeting to discuss the county-wide 800 megahertz radio system and he was sure that centralized dispatch would be a topic of discussion. The letter called for a joint meeting at Juno Beach Town Hall at 7 p.m. either Monday, August 2; Thursday August 5, or Monday July 26. August 2 was preferred by the NAN~1C Coordinating Council. Village Manager Bradford • explained that a quorum of the Village Council was requested at the meeting, and commented that the 800 megahurtz system VILLAGE COUNCIL MEETING MINOTES July 22, 1999 PAGE 22 --------------- had very extensive ramifications for the Village. Mayor Mackail commented Mayor Wagner was most involved from a political standpoint, and that it was a major undertaking that the Tequesta Village Council members did not really understand, and recommended that the Fire Chief and Police Chief should say what the Village needed and why. Mayor Mackail stated this issue had been discussed for 6-7 years. Police Chief Allison commented it had been longer than that. Village Manager Bradford expressed his opinion that the Village Council would be asked to take a position, and recommended they attend the meeting and ask questions, since the interlocal agreement was complicated. Councilmember Dalack commented that the Village Council would need to rely on the Chiefs, with which Village Manager Bradford agreed. Village Manager Bradford commented that even if Tequesta did not need the system they might have to participate because • they might not be able to communicate with their neighbors who were using the new system. Mayor Mackail stressed the importance of this issue and recommended that the Chiefs tell the Village Council their current problems and why they needed the new system. vice Mayor Hansen commented this was a difficult decision, and explained that he had been Tequesta's representative at the NAMAC meetings. The vice Mayor reported that the 800 megahurtz system would be better but it did have problems and it was more expensive; and although the Village was not bad off with their present system they would be left behind if the neighboring 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 that at the last such meeting Tequesta was the only municipality present with a quorum. August 2nd was chosen by the Village Council as the preferred date for the meeting. XI. ADJOURNMENT . Councilmember Dalack moved that the meeting be adjourned. Councilmember Schauer seconded the motion. The vote on the VILLAGE COUNCIL • MEETING MINUTES July 22, 1999 PAGE 23 --------------- motion was: Ron T. Mackail Carl C. Hansen Basil E. Dalack Elizabeth A. Schauer - for - for - for - for The motion was therefore passed and adopted and the meeting was adjourned at 8:42 P.M. Respectfully submitted, • ATTEST Joann Manganiel o Village Clerk DATE APPROVED: G~~..~ ice, i 999 Betty Laur Recording Secretary