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HomeMy WebLinkAboutMinutes_Regular_10/14/1999 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 OCTOBER 14, 1999 • • I. II. III. CALL TO ORDER AND ROLL CALL The Tequesta village Council held a meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, October 14, 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, Councilmember Joseph N. Capretta, Councilmember Basil Dalack, and Councilmember Elizabeth A. Schauer. Also in attendance were: Village Manager Thomas G. Bradford, village Attorney John C. Randolph, village Clerk Joann Manganiello, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Basil those in attendance American Flag. APPROVAL OF AGENDA E. Dalack gave the Invocation and led in the Pledge of Allegiance to the The following additions were requested under ANY OTHER MATTERS: Councilmember Schauer requested addition of discussion of Lighthouse Cove roofing material. vice. Mayor Hansen requested addition of discussion of closing Country Club Drive. village Manager Bradford requested addition Recycled Paper • VILLAGE COIINCIL MEETING MINOT$S October 14, 1999 PAGE 2 --------------- of holding the November Village Council meeting on a different date since it was now scheduled for Veterans' Day. Mayor Mackail requested discussion following through on his comments made at the last meeting regarding the Community Appearance Board. vice Mayor Hansen made a motion to approve the Agenda as amended. Couacilmember Schauer seconded the motion. The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for • The motion was therefore passed and adopted sad the Agenda was approved as amended. IV. COM~3IINICATION FROM CITIZENS There were no communications from citizens. V. CONSENT AGENDA All items listed with as asterisk (*) are considered to be routine and will be enacted by one motion. There will be ao separate discussion of these items unless a Village Couacilmember so requests, in which event, the item will be removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Mackail read aloud the following Consent Agenda items: • VI. PRESENTATIONS AND PROCLAMATIONS • vlLr~nGE couxclL ~ETIDIG ffiINUTSS October 14, 1999 PAGE 3 --------------- *A) Proclamation Florida City Tequesta. Declaring October 1 7-23, 1999 as Government Week in the Village of VII. APPROVAL OF MINUTES AND REPORTS *A) Special Master Code Enforcement Hearing Minutes, August 19, 1999; *B) Community Appearance Board Meeting Minutes, August 25, 1999 *C) Village Council Meeting Minutes, September 9, 1999; *D) Village Council Meeting Minutes, September 21, 1999; *E) Special Village Council Meeting Minutes, September 13, 1999; *F) Special village Council Meeting Minutes, September • 16, 1999; *G) Village Managers Report: September 20, 1999 to October 8, 1999 VIII. APPOINTMENTS *A) Consideration of Appointment of Jon M. Newman as a Regular Member of the Board of Adjustment with Said Tezm Expiring October 14, 2002. (Staff Recommends Approval) IX, DEVELOPMENT MATTERS *C) Consideration of Poole & Kent Construction Company Request to Perform Construction Services on the R.O. Water Treatment Plant on Veterans Day, November 11, 1999. (Staff Recommends Approval) X . NEW BUSINESS *A) Resolution No. I-99/00 - A Resolution of the V.fllage Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for VILLAGE COUNCIL FETING MINOTES October 14, 1999 PAGE 4 --------------- the Demolition of a Utilities Storage Tank to Laniger Enterprises of America, of Jensen Beach, F1 on da, in the amount of $5, 495.00, with Funds Being Appropriated Fram the water Enterprise Fund Capital Improvement Fund, Having a FY 1999/2000 Budget Allocation of $26,000 and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) *B) Resolution No. 2-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for Design, Permitting and Construction Administration of the Tequesta Village Center Main Street to Hessler and Associates Consulting Engineers, of Palm Beach Gardens, Florida, in the Total Amount of $18, 900, with Funds Being Appropriated From the Capital Projects Fund, Central Business District Redevelopment Architect and Engineering Fees Account, Having a FY 1999/2000 Budget Allocation of $101,250, and Authorizing the Village Manager to Execute the Applicable Contract on behalf of the Village. (Staff Recommends Approval) *C) Consideration of Declaring as Surplus Certain Listed Equipment Pursuant to Section 3.02(8) of the Village Charter. (Staff Recommends Approval) *D) Resolution No 3-99/00 - A Resolution of the Village Council of the village of Tequesta, Palm Beach County, Florida, Awarding the Purchase of Six (6) Sets of Fire Fighting Protective Clothing to Safety Equipment Company of Tampa, Florida, in the amount of $6, 041.82, Pursuant to City of Orlando Bid Award #RFP9 7-323, Having a FY 1998/1999 General Fund Budget Allocation of $16,238 and Authorizing the • village Manager to Execute a Contract to Purchase Same. (Staff Recommends Approval) • VILLAGE COUNCIL MEETING MINUTES October 14, 1999 PAGE 5 --------------- Motion eras made by Couiacilmember Schauer to approve the Coasent Agenda as submitted. The motioa was secoaded by vice Mayor Hansea. The vote on the motioa was: Ron T. Mackail - for Carl C. Haasea - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. IX. DEVELOPMENT MATTERS • A) Consideration of Sewer Alternatives for Tequesta Peaiasula. village Manager Bradford read aloud the results of the preference survey filled out by the residents who attended the workshop meetings on Tuesday of that week. Over 400 people had attended the four meetings on Tuesday. A total of 235 ballots were cast, 207 of which were from residents within the Tequesta corporate limits. 55$ of the Tequesta residents favored gravity sewers, while 45~ favored low pressure. 54~ of Bermuda Terrace residents favored low pressure, with 31~ for gravity, and 15~r neutral. Village Manager Bradford stated that staff had prepared a spreadsheet showing how residents had voted street by street. The village Manager Bradford explained that pursuant to the agreement adopted by the village Council at their last meeting on September 21, they needed to make a decision to notify ENCON by the next day of the sewer preference on the peninsula within the corporate limits of Tequesta. The village Manager cautioned that if the Village Council voted for gravity • they needed to be aware that there were minor issues to be worked out between ENCON and the Village, since the • vizzAGS covNCiz r~~TiNa x=rnrr~s October 14, 1999 PAGE 6 --------------- agreement adopted by both the Village Council and ENCON pertained primarily to details associated with low pressure sewer systems. If the Village Council decided to vote for gravity, the agreement would need to be amended and brought back to both the Village Council and to the ENCON board to be finalized regarding issues such as landscaping, screening of the pumping stations that would be built, caps on costs promised to the village far gravity, Tequesta's promise to help ENCON instead of fighting their dewatering permit, and to address what would be done regarding pending lawsuits. Village Manager Bradford stated that if the Village Council wished to vote in favor of gravity, he would recommend a motion be entertained containing the following provisions: (1) notify the ENCON Governing Board of the Tequesta Village Council's decision to install gravity in • Tequesta on the Tequesta Peninsula; (2) authorize the Village Manager to negotiate with ENCON to address the gravity issues within the modified mediation agreement; (3) indicate willingness to drop the dewatering challenge if the ENCON board approves the Tequesta decision for gravity. Village Manager Bradford explained that indicating willingness to drop the dewatering challenge would show good faith, and Tequesta would still have the low pressure challenge in the event ENCON chose not to pursue dewatering; however, based on his meeting with Mr. Dent that day, the Village Manager stated no problems were anticipated. Councilmember Capretta commented that even if ENCON agreed, it was possible some streets could end up with low pressure in spite of ENCON's best efforts to provide gravity if they could not obtain permits for gravity for certain locations. Village Manager Bradford verified that was true, and explained the current dewatering permit which Tequesta was fighting did not include River Drive and Golfview Drive, so that even if ENCON got the current permit they could not dewater on those streets and therefore could not install gravity sewers at those • VILLAGE COUNCIL b~ETING ffiINUTES October 14, 1999 PAGg 7 --------------- locations. Village Manager Bradford explained that it was believed a new permit which would apply to all streets. in Tequesta would be granted if Tequesta went with ENCON simultaneously seeking the permit and lending the Village's support to ENCON for the permit. Councilmember Capretta questioned whether the Village would also assist ENCON in getting the cooperation of the Country Club to use their lakes for dewatering purposes, to which village Manager Bradford responded affirmatively, stating Tequesta believed they owned those ponds or if they did not, the village was allowed to put drainage water in the ponds, and it would be helpful and a cost savings in the future to get cooperation from the Club. Councilmember Capretta concluded that so far as was known, ENCON was capable of putting gravity sewers on all streets within the country club, which the Village • Manager verified. Sharon walker, 315 River Drive, one of the founders of the Loxahatchee River Political Committee, explained that the committee had been formed over the past two years in response to peninsula residents' concerns over potential environmental harm that would result from installation of a gravity sewer system. Mrs. Walker reported that since that time she had attended almost every monthly ENCON meeting, as well as the mediation, and had learned during the first hour of mediation that the current dewatering permit would not allow ENCON to dewater below sea level within 1,000 feet of the Loxahatchee River. Current sewer installation plans for the peninsula called for gravity on the interior streets and low pressure for River Drive and Golfview Drive. Mrs. Walker indicated that was how the citizens had voted on Tuesday, following what was environmentally possible--gravity on the interior and low pressure on Golfview and River Drive. Mrs. Walker stated she realized at the mediation that you could not split a neighborhood, you could not pit • neighbor against neighbor; and what was environmentally possible was to install gravity on the interior if the • VILLAGE CODNCIL ~STIWG MIN[TPSS October 14, 1999 PAGE 8 --------------- residents on the interior were willing to bend the rules by requiring ENCON to have the recharge shipped back to ENCON through current existing sewer lines on Country Club Drive and not have all of it put back into their environments. Mrs. walker stated that what was not environmentally possible was to create sewer trenches below sea level within 1,000 feet of the river, which was what the current dewatering permit stated, and expressed her opinion that the Loxahatchee River Political Committee, the Village, and SFWMD had been fighting too long, too hard, and too expensively, to now allow ENCON to do exactly what everyone had been fighting against. Mrs. Walker explained that no expert could guarantee that there would not be environmental deterioration if this occurred and that saltwater intrusion was a real possibility. Mrs. walker stated she was not just talking about vegetation in people s yards or irrigation wells, but about changing the face of over one half of the peninsula forever and changing the ecosystem of the Loxahatchee River forever. Mrs. Walker stated that when the Village Council signed the mediation agreement they would be agreeing to assist ENCON in sewering the peninsula, with no room for compromise, and urged the Village Council to think about the environmental statement already issued by the water management district that dewatering below sea level on the peninsula had lasting consequences--consequences that were not good and that would change the peninsula forever. Joe Hall, 159 Country Club Drive, commented that a lot of man hours and costs had gone into the sewer question and he believed that the residents deserved the best system, which was he believed was the gravity system. Mr. Hall stated that ENCON had only 300 low pressure systems but had 30,000 to 40,000 of the gravity type. Mr. Hall expressed his favor for gravity as opposed to low pressure, citing low pressure problems as power outages, • corrosion, hangups if not operated for a period of time, check valves that could go out causing water to back up • VILLAGE CO'ONCIL ~BTING MINUTRS October 14, 1999 PAGE 9 --------------- into the house, an electrical connection at the back of the house, and a big hole to accommodate a large tank. Mr. Hall commented there would be additional costs associated with the low pressure system, such as extra electrical wiring. Mr. Hall expressed his opinion that the area where he lived should have gravity regardless of whether gravity was used elsewhere, and commented the residents would either pay now in dollars or later in worry, heart attacks, etc. Pert Iowa, 364 Fairaray North, commented residents had voted their preference for gravity sewers, and it was the Village Council's duty to now vote for the system preferred by the majority of the people. Ms. Town stated her understanding that a combination of gravity and low pressure could be installed and that most River Drive • residents wanted low pressure. Ms. Town reported that two people had experienced problems with their low pressure systems. Ms. Town reported she had talked with Mr. Dent regarding her own residence, which was not unique in the area, and had two septic tanks, one for laundry and one for sewage. Under low pressure, those homes would need two pumps--a grinder pump and another pump to the laundry system which would require turning on a switch when a person wanted to do their laundry. Ms. Town commented these and other inconveniences were associated with the low pressure system and expressed her opinion that Tequesta's prime land deserved the best system, which was gravity, and the Council should vote to carry out the wishes of the residents. Peggy Verhoevea, Poiat Drive, commended everyone who had preserved in the fight against something that was not needed, and commented that in a few years there had better be an improvement in the river. Mrs. Verhoeven stated she lived on the water and had chosen the gravity system. Mrs. Verhoeven asked those present to make note • and remember what Mr. Dent had said, that wells had been replaced in Jupiter, and stated her opinion that he • vILr~AG$ covrrclL DIETING MINDTES October 14, 1999 PAGE 10 --------------- should be held to that for Tequesta. Mrs. Verhoeven commented that the people would be inconvenienced during installation of the gravity system but once done it would be over with. Vice Mayor Hansen explained that much had been said against low pressure; that during the mediation process it was felt that low pressure would be the best system; that he and his family had lived with a low pressure system for two years in San Francisco which never failed; but that he was not a fanatic for low pressure and would be happy to accept gravity in his house. The Vice Mayor stated his opinion that at least for River Drive residents that low pressure would be the best. vice Mayor Hansen explained that he had talked with many residents for weeks and believed many of them would like • low pressure, and commented that at least half of the River Drive residents had voted for low pressure. The Vice Mayor expressed hope that those residents who wanted low pressure could have it and those who wanted gravity could have that type. Councilmember Dalack thanked Mayor Mackail for being the primary mover of the workshop meetings on Tuesday. Councilmember Dalack questioned whether under the mediation agreement the Village's burden in relation to the dewatering was only to voluntarily dismiss the petition resisting the dewatering permit. village Manager Bradford verified that was correct, including that the Village would help ENCON attempt to get the dewatering permit to allay South Florida concerns about Tequesta. Councilmember Dalack requested verification that the village had no obligation to the agency issuing dewatering permits to verify that ENCON met permitting requirements, which Village Manager Bradford verified was correct. Village Manager Bradford commented that the intention of the agreement was that all litigation would • end, but in regard to dewatering there was no provision in the current agreement, which basically spoke to low • vILLAGF3 COUNCIL FETING MINUTES October 14, 1999 PAGE 11 --------------- pressure. Councilmember Capretta commented that the whole agreement was on low pressure because the mediation team had been convinced low pressure was the way to go. Councilmember Capretta commented if the decision went his way the Village Council would authorize the Village Manager to negotiate a new agreement with ENCON for gravity, for which the residents had voted; would offer to withdraw the village's challenge to dewatering; and offer to cooperate with ENCON in getting a new dewatering permit and possibly would get water to go into the lakes at the country club. Councilmember Schauer commented that Tequesta was the first municipality that had made ENCON give a presentation on the low pressure system, and that she learned a lot from the presentation, and explained that if the presentation had seemed biased, the purpose was to educate everyone on the low pressure • system. Councilmember Schauer stated she was proud of the Village and the residents for behaving themselves. Councilmember Schauer questioned Village Manager Bradford regarding whether the village's credibility with South Florida water Management District would be damaged if the Village now supported ENCON after fighting against this for the past seven years. Village Manager Bradford responded that he did not believe the Village's credibility would be damaged, that SFWNID now had a new board and a new director, and it was the staff who looked at permits and recommended to the District what should be done. Village Manager Bradford reported that the SFWNID staff had always felt that Tequesta's challenges regarding dewatering were strictly related to preventing the sewering from happening at all, and they did give credence to Tequesta's theory because in the final analysis they would not grant dewatering permits for areas within 1,000 feet of salt water. The Village Manager expressed his opinion there would be no credibility problems if Tequesta worked with ENCON to find inexpensive ways to put water back into the aquifer, • to avoid salt water intrusion, and for anything that could be done to replenish the aquifer during • VILLAGE COUNCIL FETING MINUTES October 14, 1999 PAGE 12 --------------- construction. Councilmember Schauer commented to the public that after seeing residents on River Drive and Golfview split their votes 50/50, that she did not want to pit neighbors against each other; however, she believed the whole country club should be under one system, and that was how she would vote tonight. Vice Mayor Hansen commented that Mr. Dent had said several times at the Tuesday workshops that he could not discuss certain items because ENCON and the village were still in litigation. Vice Mayor Hansen commented it had been questioned why ENCON only had approximately 300 low pressure systems, and reported that at the workshop meetings it had been stated that gravity was ENCON's preferred system. The Vice Mayor expressed his opinion that ENCON had offered low pressure because they needed an alternative to offer during mediation, but that • gravity had always been their preferred system; and that there would be more than 300 low pressure systems if people had been able to choose. Councilmember Capretta expressed agreement with Councilmember Schauer's desire to have one system for the whole country club, and stated that the Village Council would never dictate one type of sewer for one property and another type for another, and if anyone did that it would be ENCON, who would do it because they could not get dewatering permits for certain areas. Councilmember Capretta commented that Tequesta should enthusiastically help ENCON get a new dewatering permit so that only one system could be installed and there would be minimum environmental. damage. Councilmember Dalack commented that credibility was related to cooperation and that ENCON would have to meet the requirements of dewatering permitting, and that the village should help them, but not waive any obligation ENCON might have; and that it was up to SFWNID to decide whether the criteria had been met. Village Manager Bradford agreed, stating that for ENCON to do anything less than the requirements would increase the probability • of saltwater intrusion, and ENCON needed Tequesta's help. Councilmember Schauer commented the residents needed to • VILLAGE COIINCIL FETING MINDTES October 14, 1999 PAGE 13 --------------- understand that for the next two years they would be living in a war zone but after that and after the vegetation had grown back, the Village would again be a beautiful community. Pert Town commented that she did not believe there would be a credibility issue since the newspaper had always indicated the Village was doing what the residents desired. Mayor Mackail commented that the sewer issue had been a 5-year battle that the Village did not win, and expressed appreciation for Councilmember Dalack~s comments regarding the workshop meetings. Mayor Mackail commended the Village Council and staff, Sharon Walker, and John Dreith for their attendance on Tuesday, which had been a 14-15 hour day. The Mayor stated he had been disappointed on Tuesday that some residents had been disrespectful, but stated a decision had to be made. Mayor Mackail expressed his preference for gravity, • stating his belief that in the long run the system would last forever and benefits would outweigh the cost, and that a lot of issues needed to be addressed, one of which was swales. The Mayor expressed his opinion that the swales required under the Clean Water Act should be installed while the streets were torn up for sewer installation, and that needed road repairs should also be made at that time. Mayor Mackail stated he had requested that the Village Manager meet with the Finance Director and Utility Director to find the month to accomplish all three goals at one time „ as well as to consider placing utilities underground. Mayor Mackail indicated that he wanted the work done right so it would last for two or three hundred years. The Mayor expressed his belief that gravity was the preferred system and stated his hope that the other members of the Village Council felt the same way. Archie Mangus, 67 Fairview West, stated he supported doing the swales and underground utilities and urged that the Village Council consider doing those projects during • the severing project. Mayor Mackail commented that the country club was a great community and the Village should • VILLAGI3 COUNCIL MEIsTING MINUTI3S October 14, 1999 PAGE 14 --------------- make it the best that it could be. Councilmember Schauer questioned Utility Director Morrison whether priorities could be changed in order to install exfiltration trenches in the whole area. Mr. Morrison responded that the village would take advantage of the situation to do everything at once, and verified that SFWNID did give grants, and that it was only a matter of timing to submit grant applications once a master plan had been developed. Mayor Mackail commented if swales were considered that there would be two fiscal budgets over the term of the project and he challenged the Village Manager and staff to find the money. Village Manager Bradford responded that $70,000 was already allocated in the budget for Country Club Drive and that in talking with Mr. Dent that day he had learned that the cost per lot would drop by doing all the sewers at one time. Councilmember Capretta • described the work that had recently been done on the cul-de-sac where he lived and called for the village Manager to negotiate an agreement with ENCON for detailed construction schedules, common contractors to minimize the debris and disruption, to do the work one whole street at a time, etc. Councilmember Capretta made a motioa to aotify ENCON of the Village Councils decision to support gravity systems for Tequesta; that village Manager Bradford be authorized to negotiate with ENCON the issues iavolved in the gravity system, issues iavolved is the mediation, to change, update or renegotiate the permit; to aotify ~TCON that Tequesta was willing to drop dewateriag challenges which the Village had legally; that the village of Tequesta will cooperate with SNCON on installation of gravity sewers throughout the peninsula. Couacilmember Schauer seconded the motioa. Village Manager Bradford clarified that the points he wanted included in the motion had been covered. Village Manager Bradford commented that during discussion with Attorney Scott • Hawkins who indicated that dropping the dewateriag challenge would be acceptable if it were phrased " if the • VILLAGE COIINCIL FETING MINQTSS October 14, 1999 PAGE 15 --------------- ENCON Board approved the Village Council's reccmnmendation for gravity severing". The vote oa the motion was: Ron T. Mackail - for Carl C. Hansen - against Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. B) Consideration of Finance and Administration Committee sad Staff Recommendation to Declare Zoning is Progress for Adult Entertainment Establishments Nhile a study is Conducted to Review Appropriate Modifications to the Tequesta Zoaiag Ordinance Relative to Adult Entertainment • Establishments. tStaff Recommends Approval) Village Manager Bradford reported that the issue of adult entertainment had been taken to the Finance and Administration Committee of the Village Council on October 5, 1999 for consideration of a staff recommendation to revisit Tequesta's zoning ordinance, which currently prohibits adult entertainment establishments. Village Manager Bradford explained that the free speech provisions of the First Amendment had been deemed to be paramount to a municipality's desire to prohibit adult entertainment establishments. In order to conduct a proper study to determine locations and setbacks from other land uses, the Committee recommended the Village declare zoning in progress so that applications for these types of businesses could not be made during the time the Village was in the process of adjusting its zoning ordinance. Village Manager Bradford advised that one of the first steps would be to determine in which zoning district the Village would be willing to allow adult entertainment establishments, and the initial • feeling had been to only allow them in C3 zoning, which would be on south Cypress Drive and Old Dixie Highway. vILZAGE covNCIL MEETING MINiTTES October 14, 1999 PAGE 16 --------------- The village Manager cautioned that there could not be setbacks so large that they ended up having the effect of canceling the ability of anyone to accomplish such a business. In order to avoid someone dictating to the Village through the courts where they would place such an establishment, zoning in progress was recommended. Village Manager Bradford explained that the time allotted for the study would depend upon the complexity of the issues, but that it must be a reasonable length of time. Councilmember Schauer commented that the draft ordinance had been very detailed and thanked Village Manager Bradford for working on the draft. Vice Mayor Hansen questioned what would happen if such a req~iest were made today, to which Village Attorney Randolph responded that the Village would not grant a permit because the current ordinance prohibited these businesses; but the applicant • could challenge the Village in court and the court could allow the business to happen. Vice Mayor Hansen made a motion to approve zoning is progress for adult entertainment establishments while a study was conducted to review appropriate modifications to the Tequesta zoning ordinance relative to adult entertainment establishments. Couacilmember Schauer seconded the motion. The vote on the motion was: Roa T. Mackail - for Carl C. Hansen - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. D) Consideration of Not Pursuing Liquidated Damages for 30 Days Against Poole & heat Contractors for the R.O. Treatment Plant with Conditions Pursuant to Reese, Macon . and Associates, Inc. Letter of October 7, 1999. (Staff Recoamneads Approval ) • VILLAGE COUNCIL STING MINOTES October 14, 1999 PAGE 17 --------------- Village Manager Bradford explained that this item had been considered by the Finance and Administration Committee at their October 5, 1999 meeting. The next day, October 15, was the date in the contract that the R.O. plant must be substantially complete; however, the job was approximately 60 days behind schedule. The village Manager reported that a very good work product had been provided to date by the contractor, primarily due to the fact that the consultant, Bill Reese of Reese Macon and Associates, and Utility Director Morrison had demanded strict adherence to the detailed specification requirements and had bent over backwards to expedite every single request that had been made by the contractor. There was a very good working relationship between the contractor and the Village, and staff and the consultant on the project had worried that imposing the • $1,000 per day liquidated damages called for in the contract if substantial completion was not accomplished by October i5 could upset that relationship so that the contractor might begin cutting corners in order to finish as soon as possible to minimize their damages. Although $60,000 for sixty days of damages was not a lot of money on a $5.7 million jab, that would be profit taken from Poole & Kent. Mr. Reese had written a letter dated October 7, requesting that the Village Council make a motion not to assess liquidated damages for a period of the first 30 days after the substantial completion date subject to the following conditions: (1) the contractor agrees not to pursue a change in contract time or a change of the contract price for any event which occurred prior to the substantial completion date; (2) the contractor agrees that they will pay all other costs associated with the failure to achieve substantial completion as required by the contract, including but not limited to engineering fees, (3) the village agrees to re-evaluate the contractor's progress at, or near, the end of the 30-day period and consider waiving liquidated damages for an additional 30 days. Utility Director Morrison commented that the Village and the contractor VILLAGE COUNCIL • MEETING MINUTES October 14, 1999 PAGE 18 --------------- enjoyed an outstanding working relationship and there had been no change orders on this $5.7 million project to date, which was very unusual. Mr. Morrison stated he felt comfortable the village was getting an excellent contract, and reported the village was holding back $800,000 on this project. It was reported that the interest being earned on the $800,000 would almost offset the monies proposed nat to be charged in liquidated damages. Russell von Frank, 489 Dover Road, reported he had attended the Finance and Administration Committee meeting and had been really impressed with what had been accomplished. Mr. von Frank stated he had worked with contractors for over 30 years and felt the liquidated damages should be charged since contractors included a figure in their bidding for contingencies. Councilmember Dalack commented he did not see any benefit to the village from foregoing what the village was entitled to receive and the village was losing money every day the RO plant was not on line. Councilmember Dalack stated this was not something outrageous, but was a part of the contract to which both parties had agreed, and stated this sounded like blackmail if the contractor would begin producing substandard work. Councilmember Dalack commented that the contractor could not start producing substandard work but must adhere to the contract, and that there was nothing improper about imposing the liquidated damages. Councilmember Capretta commented that Councilmember Dalack~s point was a legal technicality that stated what the contract said; however, he had managed a lot of big projects during his life in the aerospace business for the government, and the way most major companies made money on government contracts was through engineering changes. Councilmember Capretta reported he had been very proud to personally develop the • moon suits for the astronauts, and he had bid a contract with the government to build the moon suits for $8 • vlLr~+,G$ covNCIL MEETING MIN[JTES October 14, 1999 PAGE 19 --------------- million and had delivered them for $56 million. Councilmember Capretta reported when the astronauts had asked whether the moon suits would be built to specifications he had replied the suits would be the best he could build, and he was the low bidder. Councilmember Capretta explained that the RO contract had had no engineering fees and that the contractor was building according to Mr. Reese's contract specifications. Councilmember Capretta expressed his opinion the contractor should be given a bonus for their fine work and if this would maintain the good relationship with the Village it was worth $30,000. Vice Mayor Hansen expressed his opinion that a 30-day delay would do no harm to the Village because there was sufficient water in the surficial wells and that the Village had gained from the good work done by the contractor. Vice Mayor Hansen • commented he was in favor of not imposing the liquidated damage, and he had been visiting the jobsite many times and observed that the contractor had done extra things that were beyond their requirements. Councilmember Schauer reported she had received compliments on how this contractor had kept the jobsite at all times and since there had been no change orders she could not see penalizing the contractor for doing a good job. Councilmember Schauer commented she did not want anyone to be able to say there had been a slipshod job at the end in order to meet timing requirements. Couacilmember Schauer made a motion not to penalize the contractor and to follow the staff recommendation not to pursue liquidated damages for 30 days against Poole & Rent Contractors for the R.O. treatment plant with conditions pursuant to Reese, Macon and Associates, Inc. letter of October 7, 1999. Ron T. Mackail - for Carl C. Hansen - for • Joseph N. Capretta = for Basil Dalack against • VILLAGE COUNCIL FETING MINUTES October 14, 1999 PAGE 20 --------------- Elizabeth A. Schauer - for The motion vas therefore passed aad adopted. X. NEAP BIISINESS 8) Ordinance - First Reading - Ameadiag the Provisions of the Employees' Peaeioa Trust Fuad to Comply Nith the Requirements of HB 261. (Staff Recommends Approval) village Attorney Randolph read the above Ordinance on First Reading by title only. Village Manager Bradford explained that Governor Bush had signed into law House Bill 261, which contained new • requirements for fire and police pension funds. One of the provisions was that general employees could no longer have pension plans in conjunction with public safety employees, so that they now must be separated out with their own pension board. In municipalities with combined pension boards such as Tequesta, HB 261 required an election by the fire and police employees to determine if those employees wished to have a stand-alone pension board for each group or to have a combined board for the two groups. At their last meeting, the village Council had authorized Village Manager Bradford to work with the Employees Pension Board of Trustees to develop a ballot and conduct an election. village Manager Bradford reported he had met with the fire and police employees and informed them of the village's concerns regarding the cost of separate boards and the impact on their pension funds. The Village Manager reported that the firefighters had voted unanimously for a combined board, and the police vote had been 4-1 in favor of a combined board, which was very good news for the Village, and that meant plans could move forward to establish a board • consisting of a firefighter representative, a police officer representative, two representatives chosen by the • VILLAGE COTJNCTL bII~LTING MINOT$S October 14, 1999 PAG13 21 --------------- Village Council, and a fifth board member chosen by the other four members. Village Manager Bradford reported that this ordinance was in compliance with HB 261 by removing the general employees and creating their own separate board and creating a joint board for the firefighters and police officers. Councilmember Schauer questioned whether the current Village Council representatives could keep their positions on the new board. village Attorney Randolph explained that the board would have to be reconstituted, which would not be done at tonight's meeting. Councilmember Capretta questioned whether this had anything to do with changes in pension standards, to which Village Manager Bradford responded that it did not, but that 99~ of the general employees wanted to go to a defined contribution plan, which would entail union negotiations; and that the • police and fire employees were also interested in such a plan. Councilmember Capretta explained the differences in the two types of pension plans. village Manager Bradford reported he had met with each group and gave them an initial proposal for a defined contribution plan. The employees had had a lot of questions, and another proposal was being developed which would include a disability provision. This new proposal would be presented to the village Council and then to the employees. vice Mayor Hansen commented he was pleased to hear that the police and firefighters had voted for a combined board. Mayor Mackail stated he was also pleased, and requested that the Village Manager be sure that the employees understood all of the differences and implications of the defined contribution plan versus the present defined benefit plan. Village Manager Bradford reported he was telling the employees over and over that the burden of investment return for their retirement years would fall on them under the defined contribution plan. • Councilmember Schauer made a motion to approve the above ordinance oa first reading by title only. Couacilmember • VILLAGE COUNCIL NBETING MINUTES October 14, 1999 PAGE 22 --------------- Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Carl C. 8ansea - for Joseph N. Capretta - for Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. F) Resolution No. 4-99j00 ~ A Resolution of the village Council of the village of Tequesta, Palm Beach County, Florida, Approving the Interlocal Agreement to Establish Municipal Public Safety Comomuaicatioas Consortium of Palm Beach County aad Authorizing the Mayor or the village • Manager to Execute the Same on Behalf of the Village. (Staff Recommeads Approval). village Manager Bradford explained that in Palm Beach County today police departments could not talk to each other except specific municipalities could have limited conversations by special radios. This had been highlighted recently during a high-speed chase originating at Treasure Coast Mall which ended in two deaths. In the event of a disaster such as a train derailment, hijacking, etc., when multi-agency response was needed, police departments would not be able to communicate properly. As a first step toward establishing communications, the Criminal Justice Division had established a Countywide Public Safety Communications Committee. The village Manager explained that the proposed agreement would establish an 800 megahertz system and the Village could opt out if the first year s budget figure were not appropriate. Village Manager Bradford reported ghat the City Managers in Lake dark, Palm Beach Gardens, ~iapiter, North Palm Beach, and Tequesta had held out urt~il the very end as a group because they were all in NAMAC and provided mutual aid to v=Lr,AG~ co~rxciL MsSTING M=rrQTgs October 14, 1999 PAGE 23 --------------- each other, and preferred to maintain regional cooperation; but had become convinced they could still do that if this proposed system was in place so long as the Criminal Justice system agreed to include all reasonable requests from all municipalities. Councilmember Schauer commented this was a start in the right direction. Vice Mayor Hansen reported he had been on the NAMAC committee, which had worked on having a system where departments could talk to each other and centralized dispatch. The Vice Mayor commented this was a good beginning but that countywide was too big an area and a northern regional area would be better. Mayor Mackail commented NAMAC had accomplished nothing since 1993 and he felt changes would need to be made by chiefs or city managers. Mayor Mackail expressed concern regarding the 800 MHZ system and what would happen if a large number of municipalities • opted out. Village Manager Bradford responded that after the initial capital acquisition that if a municipality opted out after a few years it would be future costs that would be affected. Mayor Mackail commented he hoped this would include both police and fire. Village Manager Bradford commented that fire departments now communicated through VHF and the new system would not address all firefighter needs; however, Motorola was working on solving the problems. Village Manager Bradford reported this proposal was only for police departments. Councilmember Capretta questioned why the Palm Beach County Sheriff's Department couldn't provide communications, to which village Manager Bradford responded that was physically possible but their system was not comparable to Tequesta's present system. Police Chief Allison reported the sheriff's department was going to the 800 MHZ system only for their department. vice Mayor Hansen made a motion to approve Resolution 4- 99/00. Councilmember Schauer seconded the motion. The vote on the motion was: • Ron T. Mackail - for • VILLAGE COIINCIL NESTING MINUTES October 14, 1999 FAGS 24 --------------- Carl C. Hansen - for Joseph N. Capretta - fbr Basil Dalack - for Elizabeth A. Schauer - for The motion was therefore passed and adopted. XI. ANY OTH$R MATTERS Councilmember Schauer reported that during Hurricane Floyd that Lighthouse Cove did not remove any of the loose barrel tiles on their roofs, which could have been dangerous projectiles during the storm. village Manager Bradford reported that every time there was an emergency, the village conducted a pre-disaster assessment meeting, and expressed • concern that a lot of people in the Village did not seem to give much credence to Community Development Director Ladd's directive to secure public sites before recent storms. • Recommendation from the assessment meeting was to prepare an ordinance that prohibited roof tiles from being stored on the unfinished roof of a building during hurricane season, and Mr. Ladd was currently working on a draft to be reviewed by the City Attorney. Utility Director Morrison reported that the reason tiles were placed on unfinished roofs was to condition the trusses for the finished roof weight load, and suggested that contractors be allowed to only load one building at a time, so that they would not have so many tiles to remove in the event of an impending storm. The Village Manager explained that the ordinance requirements would be mandatory and would carry fines for non-compliance. vice Mayor Hansen commented that at a prior Village Council meeting discussion had been held regarding closing Country Club Drive and Loxahatchee River Road, and that he had received a call from Martin County Commissioner Janet Gettig who requested that Tequesta have patience because Martin • County was still in litigation on Section 28. The Vice Mayor commented that was the same excuse they used three years ago, VILLAG}3 COIINCIL MEl3TING MINUTTS October 14, 1999 PAGE 25 and that Mrs. Gettig~s response to his question of when the litigation would end was that she hoped it would be 5-6 months from now. Vice Mayor Hansen reported that Commissioner Gettig had stated if Tequesta closed Country Club Drive at the Martin County Line that Martin County would erect a solid concrete barrier to make sure no one could get by it and had stated "you will be landlocked." Councilmember Schauer reported seeing Mrs. Gettig at Publix after the last village Council meeting and telling her about the decision to possibly close the roads, and Mrs. Gettig had asked that the Village have patience with Martin County. Councilmember Schauer reported she had urged Mrs. Gettig to work with her Commission to end Section 28 litigation or guarantee Tequesta that they would have a western corridor, which Mrs. Gettig had responded was a part of the Section 28 litigation. Councilmember Schauer reported that Mrs. Deversa had obtained information that Martin County was closing a road for the same situation. Mayor Mackail commented he had spoken to Mrs. Gettig and the issue was the existing road problems, which had nothing to do with Section 28. Vice Mayor Hansen commented they were using Section 28 as an excuse. wade Griest reported there was a meeting the next day of the Treasure Coast Regional Planning Council at 9:30 a.m. in Stuart. The Village Manager Bradford cautioned that the meeting might be canceled because of Hurricane Irene. Village Manager Bradford recommended that the next Village Council meeting be rescheduled and held on Tuesday, November 9th at 7 p.m. rather than on veterans Day as originally scheduled. It was the consensus of the Village Council to hold the November meeting on Tuesday, November 9, 1999 at 7 p.m. XII. ADJOIIRN~iT Couacilmember Dalack moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion area: VILLAGE COUNCIL MEETING MINUTES October 14, 1999 PAGE 26 Ron T. Mackail Carl C. Hansen Joseph N. Capretta Basil E. Dalack Elizabeth A. Schauer - for - for - for - for - for The motion was therefore passed and adopted and the meeting was adjourned at 9:15 P.M. Respectfully submitted, ATTEST: ~~ Joann Manganie to Village Clerk DATE APPROVED: 9~, i99.~ Betty Laur Recording Secretary