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HomeMy WebLinkAboutDocumentation_Regular_Tab 7F_12/10/1998~1L1 - F 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 NOVEMBER 12, 1998 I. CALL TO ORDBR AND ROLL CALL The Tequesta Village Council held a meeting at the Village Ha11, 357 Tequesta Drive, Tequesta, Florida, on Thursday, November 12, 1998. The meeting was called to order at 7:03 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, and Councilmembers Alexander W. Cameron, Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. INVOCATION AND PLSDG$ OF ALL$GIANC$ Vice Mayor Carl C. Hansen gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGgNDA Under ANY OTHER MATTERS, Vice Mayor Hansen requested addition of discussion of traffic on Country Club Drive; Mayor Schauer requested discussion of the new post office; and Village Manager Bradford requested addition of an Recycled Paper VILLAC3E COUNCIL MBSTINC~ NINIITES November 12, 1998 PAGE 2 update and direction from the Village Council regarding the water rate dispute with Jupiter. village Manager Bradford also requested addition of discussion under agenda item IX (D) regarding request for waiver of prohibition of working on holidays and after hours. vice Mayor Hansen made a motion to approve the Agenda as amended. Couacilmember Cameron seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capr®tta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COD~J1~tICATION I~R~ CITIZB~TS Hattie Siegel, Dover Road, expressed hope that all war veterans had been remembered on Veterans Day. Mrs. Siegel explained that she had been unsuccessful in obtaining records from the village Clerk regarding her Code Enforcement compost bin case. Mrs. Siegel commented there had been serious mistakes made by the attorney regarding proper procedure at Code Enforcement Board meetings. Mayor Schauer advised Mrs. Siegel to contact the village Clerk or the receptionist or secretary in her office the next day to request a copy of the records. Peggy verhoevea, 18996 Point Drive, expressed thanks to the Village Council for allowing the residents to proceed with promoting election of a new ENCON board member, and reported the campaign had come together under the direction of Carlton d Stoddard. Mrs. Verhoeven introduced Jeffrey Rich, new ENCON Boardmember, to the members of the Village vlLr~-c8 covNCIL M88TINa MIN~TBS November 12, 1998 PACE 3 Council. Jeffrey Rich explained that although everyone asked him about sewers, his job as a member of the ENCON Board was to work to keep the overall quality of the water in the River high and he hoped to show that one man could turn the tables. In response to Councilmember Cameron's question regarding Snag Holmes' position in regard to sewers, Mr. Rich explained that apparently Mr. Holmes was rethinking his position. Mr. Rich advised he would be available at any time to answer questions and would return to address the Village Council at other meetings. vice Mayor Hansen congratulated Mr. Rich on his successful campaign. V. PR83SN'1~ATIONS AND PROCLAIRATIONS A) Proclamation Declaring Noveop~er as National 8pilepsy Apar®aess Month. Mayor Schauer read aloud a Proclamation declaring November as National Epilepsy Awareness Month. Couacilmember Mackail made a motion to approve adoption of the Proclamation declaring November as National 8pilepsy Awareness Month. vice Mayor Saasen seconded the motion. The vote oa the motion was: 8lizab®th A. Schauer - for Carl C. Sansen - for Alexander N. Cameron - for Joseph N. Capretta - for Rba T. Mackail - for The motion pas therefore passed and adopted. VI. CONSSDIT AcBNDA All items listed with an asterisk (*) are considered to be VILLAG$ COUNCIL mBSTING IdINQTES November 12, 1998 PAGR 4 routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember 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 Schauer read aloud the following Consent Agenda items: VII. APPROVAL OF MINUTES AND REPORTS *A) Employees' Pension Trust Fund Board of Trustees Meeting, April 29, 1998 *B) grtployees' Pension Trust Fund Board of Trustees Meeting, July 29, 1998 *C) Village Council Meeting Minutes; September 22, 1998 *D) village Council Meeting Minutes; October 8, 1998 *E) village Council Special Meeting Minutes; October 15, 1998 *F} Village Managers Report: October 2, 1998 - November 6, 1998 IX. NEW BUSINESS *G) Consideration of Approval of Purchase of Two (2) 1999 Crown Victoria Police Cars from Duval Ford of Jacksonville, Florida, Piggybacking the Florida Sheriff's Association Bid Award in the Amount of $19,829.00 per Vehicle for a Total Purchase of $39,658.00. Having a FY 2999 General Fund Police Department Budget Allocation of $42,230.00. (Staff Recom+nends Approval ) *H) Consideration of Approval of Lease-Purchase of One (1) 1999 Ford Taurus Administrative Vehicle from Mike Shad Ford of Jacksonville, Florida, Piggybacking the Florida Sheriff's Association Bid Award in the Amount of $17, 011.00 and will be Acquired Through a Ford Motor Company Municipal YILLAt3~ COUNCIL MBSTINQ ~dIN~T$S Novemb®r 12, 1998 PAdB 5 Lease-Purchase Program with Three Annual Payments of $6, 005.00, Having a FY 1999 General Fund Police Department Budget Allocation of $6, 700.00. (Staff Recommends Approval) Motion was made by Couaciimember Mackail to approve the Consent Agenda as presented. The motion was seconded by Councilmember Cameron. The vote on the motion Wass $lizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. VIII. DS'VBLOP~AiT ~AT7.`RR3 A) Consideration of Request by Poole and peat Com~paay to Perform Construction Pork on a Legal V111age holiday. Village Manager Bradford explained that although the Village Ordinance precluded working on Sundays and legal holidays, he had granted permission for Poole and Kent to work on Veterans Day to do construction work on the reverse osmosis water treatment facility because the project was for public drinking water; no residential areas except perhaps Sterling House would be affected; and Veterans Day could be used as a trial to determine whether any problems would be encountered or any complaints received from residents. Community Development Director Scott D. Ladd had been requested to notify Poole and Kent that they would need Village Council approval for any legal holidays encountered, including but not limited to Memorial Day 1.999, Independence Day, 1.999, and Labor Day, 1999. Mr. Ladd explained that Poole and Kent were requesting to be able VILLAG$ COUNCIL MBSTING MINUTI~S November 12, 1998 PAGE 6 to work on Presidents Day, February 15, 1999, and felt that after that the project would not require them to work on subsequent holidays. vice Mayor Hansen made a motion to approve Poole and heat Camapaay to perform construction vrork oa the legal village holidays of veterans Day, November 11, 1998 aad Presidents Day, February 15, 1999. Covacilme~mb®r Mackail seconded the motion. The vote oa the motion Wass glizabeth A. Schauer - for Carl C. Haasea - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion Mas therefore passed aad adopted. Mr. Ladd stated he would notify Poole and Kent Company of the village Council action. IX. N~ BIISINBSS A) Resolution No. 3-98/99 - Approving Sagineeriag Services Proposals for Permitting aad Development of Construction Places from Gee & Jenson of Nest Palm Beach, Florida, is the amount of $29,750 for Tequesta Country Club Drainage Improvements, Having a FY 1998/99 StormMater IItility Capital Improvement Fund Allocation for $90,000 for 8ngineeriag sad Construction, aad authorizing the village N'aaager to 8xecute the Same oa Behalf of the village. t3taff Recoaoomteads Approval) Mayor 6chauer read Resolution No. 3-98/99 by title only. Village Manager Bradford reported this Resolution would accomplish the first step to improve drainage in the Tequesta Country Club as recommended to the Stormwater VTLLAGB COUNCIL MS$TTNG ]~INOTgS November 12, 1998 PACES 7 Utility Board by Sherry Sova in her presentation several months ago. Ms. Sova had indicated improvement was needed for both the north and south ends of the Country Club; however, the Village lacked sufficient funds to accomplish all the recommendations. Approving this Resolution would use a significant amount of the funds in the budget; however, approving the same would allow permitting and planning necessary to be eligible to receive federal funding. Director of Public Works and Recreation Gary Preston reported the Village would apply for 100$ of the needed funds to accomplish all the recommendations, and early indications were that the Village would receive 100, since FBMA representatives had been very pleased when they visited the site and were told what the Village wished to accomplish. Mr. Preston explained that this project would replace existing pipes with larger pipes exiting ponds with the intent to relieve water from the ponds. village Manager Bradford explained that the village had budgeted $150,000 over two years for these projects, but needed $400,000 to accomplish everything; and if $400,000 was received from federal funding then that would free up $150,000 to be used for other proposed projects so that they could be completed sooner than planned. Mr. Preston advised that once plans were finalized, South Florida Water Management District might require more on-site retention. Village Manager Bradford reported the Dover Ditch problems had been resolved by installation of a weir system and the only drawback was that the Village had to chlorinate the water to remove the algae to which some residents objected. In response to Councilmember Capretta's question of whether there was a way to measure discharge into the river, Mr. Preston explained that would be available under the NPDES program and Village Manager Bradford commented that the Harbor Branch study had included such figures. Councilmember Capretta requested the septic tanks also be monitored to see whether they were actually polluting the river, and stated that according to the Harbor Branch study they really were VTLLA(;R COUNCIL ~BTINf3 ~INUT~9 November 12, 1998 PAaE 8 only a small part of the Capretta commented that as Rich should work to make the term was finished. In re inquiry regarding the lette Management District, Mr. Pres if there were no objections. pollution. Councilmember new BNCON Boardmember, Mr. river better by the time his :sponse to Mayor Schauer~s r from South Florida Water ton stated he would proceed Councilmember ~ackail made a motion to approve Resolution No. 3-98/99 - Approving Ragiaeering Services Proposals for Permitting and Development of Construction P~aas froaa C3ee a Jeasoa of Nest Palm Beach, Florida, in the amount of $29,750 for Tequeata Country Club Drainage Improvements, 8aviag a FY 1998/99 Stormpater IItility Capital improvement Fund Allocation for $90,000 for gagiaeeriag and Construction, and authorizing the village Manager to Sxecute the Same oa Behalf of the village. The motion rras seconded by Vice Mayor 8ansea. The vote on the motion Mass glizabeth A. Schauer - for Carl C. 8aasea - far Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Nackail - for The motion Mas therefore passed and adopted. 8) Resolution No. 4-98/99 - Awarding Bid to Nyaa and $ons 8avironmeatal Construction, Inc., of Nest Palm Beach, Florida, in the amount of $20,611.50 for Seabrook Road North PathMay Ex~easioa, 8aviag a FY 1998/99 Capital Improvement Fund Budget Allocation of $27,000 and Authorizing the village ~aaager to 8xecute the Applicable Contract oa Sehalf of the Village. (Staff Recommends approval) village Manager Bradford explained this project was in the Capital Improvement Fund for this fiscal year and VILLAG3 COIINCIL STING MINOT$3 November 12, 1998 PAGR 9 would extend the sidewalk from Shay Place to unincorporated Palm Beach County. Director of Public Works and Recreation Gary Preston advised that Wynn and Sons had been doing this type of work for the Village for the past six years, and that this project would help Tequesta Pines. Mr. Preston reported there had been no objections to this proposed project. Paul Brienza, iZi Pine 8111 Trail West, stated on behalf of the Tequesta Pines Property Owners Association Board that they had no objection to this project, and that Mr. Preston had met with their landscape architect to review the sidewalk placement. Mr. Brienza explained their Association had been maintaining the sidewalk from Shay Place to Russell since 1978 and had probably expended $1.00,000 over the years to maintain the public right-of- way. Since it would cost the Association approximately $400 in additional landscaping this year as a result of the sidewalk, and $3,000 for plantings along their wall, Mr. Brienza requested the village contribute something to help out Tequesta pines. Nir. Preston explained the sidewalk would be straight, necessitating relocation of the islands 18" to 24". Mr. Brienza commented that extra expense would be incurred when the sidewalk was installed because some sprinkler heads would have to be relocated. Mr. Brienza requested the Village help Tequesta Pines in the future. Mr. Preston explained that he was working with the Palm Beach County Engineering Department to have the sidewalk extended to County Line Road, and since they worked more slowly than the Village, for a time the sidewalk would probably stop at the Village border. Mr. Preston commented that Palm Beach County had stated the village was not to extend the sidewalk past their border. Village Manager Bradford requested that when Tequesta Pines had a firm idea of what they wanted that Mr. Brienza get that information to Mr. Preston. VILLAC~B COUNCIL ffiSBTIN(3 ffiINU'r'E3 November 12, 1998 PAaB 10 Mayor Schauer read Resolution No. 4-98/99 by title only. Councilmember Mackail made a motion to approve Resolution No. 4-98/99, Awarding Bid to Nyasa and Soas gaviroameatal Construction, Inc., of west Palm Beach, Florida, is the amount of $20,611.50 for Seabrook Road North Pathway Extension, Having a FY 1998/99 Capital Improvement Fund Budget Allocation of $27,000 and Authorizing the village Manager to Execute the Applicable Contract oa Behalf of the Village. The motion was seconded by vice Mayor Hansen. The vote oa the motion wasz Elizabeth A. Schauer - for Carl C. Haasea - for Alexander w. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted. C) Resolution 5-1998/99 - Accepting the Terms and Conditions of the palm Seach County Emergency Medical Services (E!~) araat Award Certifying that Monies from the El~3 (3raat Award will Improve sad Sxpaad Pre-8ospital Services is the Tequesta Fire-Rescue Coverage Area, will not be Used to 6uppiaat the Tequesta Fire-Rescue Budget Allocation and Meets the C3oals and Objectives of the El~S County Grant plan. (Staff Recommends Approval) Village Manager Bradford explained Palm Beach County required this Resolution to be adopted in order to approve the $5,250 grant, which was to be used for equipment and training personnel. village Attorney Randolph read Resolution 5-1998/99 by title only. Couacilmember Mackaii made a motion to approve Resolution No. 5-98/99, Accepting the Terms and Conditions of the vILr~Aa$ covNCIL ~ETINt~ MINUTES November 12, 1998 PA41~ 11 Palm Beach County 8mergency Medical Services (8N8) araat Award Certifying that Monies from the TsMS araat Award sill Improve aad 8xpaad Pre-Hospital Services is the Tequeata Fire-Rescue Coverage Area, pill not be IIsed to Supplant the Tequesta Fire-Rescue Budget Allocation aad Meets the Goals aad Objectives of the SNS County araat Plaa~ The motion pas seconded by vice Mayor Haasea. The vote oa the motion Wass Elizabeth A. Schauer - for Carl C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for The motion pas therefore passed sad adopted. D. Resolution 6-1998/99 - A~rardiag a Sid to Yauagquist Brothers, Inc., of Fort Myers, Florida, in the Amount of $496,692.00 for R.O. Well No. 2 Construction aad R.O. Pell No. 1 Developament/Testing, With Funding Provided by the Water 8aterpriae Fund, Boad Construction Account, Having a Budget Allocation of $500,000.00 aad Authorizing the 'Village Manager to Execute the Contract oa Behalf of the village. (Staff Recommends Approval) Mayor Schauer read Resolution 6-1998/99 by title only. Tom Jensen, Reese Macon and Associates, Inc., provided an overview of bids submitted for the project and how their firm had investigated the qualifications of bidders. In response to vice Mayor xansen's question regarding the contractor for the first R.O. well, Mr. Jensen explained the circumstances of the problems experienced with that contractor, and stated that it was critical to construct well No. 2 at this point. Mr. Jensen explained that the bid which was turned down had been incomplete because it had no total, but that in totaling the figures showed the total to be $505,000. Mr. Jensen explained that the RO VILLAGE COIINCIL NSBTING ffiINDTES November 12, 1998 PAGS 12 discharge into the intracoastal would contain less salt than present in the intracoastal, and discharge could take place at any time the plant was in operation instead of only during outgoing tide as at present. Mr. Jensen reported he was going to meet with village Clerk Mangar~iello to discuss training staff to work in the RO plant. Village Manager Bradford commented that Youngquist Brothers, Inc., had requested the ability to work extended hours and on Sundays and holidays upon recommendation of Reese, Macon and Associates. It was proposed that Reese, Macon would indicate whether the request was warranted and the village Manager could grant permission. Mr. Jensen explained that at certain times it was not feasible to stop drilling in order to retain the integrity of the walls of the well, and during those times. it was possible work might extend throughout the night. After concern was expressed regarding noise that might disturb residents, Mr. Jensen reported no complaints had been received during the drilling of the last well. Councilmember Cameron corrmtented there was not much noise with a rotary drill and he did not think there would be a significant noise problem. vice Mayor gansea made a motion to approve Resolution No. 6-98/99, Ar-ardiag a Bid to Youagquist Srother8, lac., of Fort Myers, Florida, is the Amount of $496,692.00 for R.O. 'Nell No. 2 Construction and R.O: 9~e11 No. 1 Development/Testing, 1Pith Funding Provided by the dater 8aterpriee Fund, Boad Conanruction Accouint, Having a Budget Allocation of $500,000.00 and Authorizing the village Manager to Sxecute the Contract oa Behalf of the village. The motion aras seconded by Gouncilmember Cameron. The vote oa the motion Hass 811zabeth A. Schauer - for Carl C. 8aasea - for Alexander N. Cameron - for Joseph N. Capretta - for Roa T. Mackail - for VILLAGI3 COUNCIL bi'SBTING MINEJTSS November 12, 1998 PAGE 13 The motion xas therefore passed aad adopted. Couacilmember Mackail made a motion to authorize the Village Manager to grant xaivers to the Village Ordinance requested by Youngquist Brothers, Inc., to ailax them to xork extended hours aad oa Sundays aad holidays, upon indication by Reese, Macon and Associates that the request xas xarraated. The motion xas seconded by Vice Mayor Hansen. The vote oa the motion xas: 811zabeth A. Schauer - for Carl C. Hansen - for Alexandgr N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion xas therefore passed and adopted. 8) Resolution 7-1998/99 - Approving an $agineeriag Services Proposal xith Reese, Macon aad Associates of Lake North, Florida, for Engineering Services During the Construction of R.O. Nell No. 2 aad the Development/Testing of R.O. Ne11 No. 1 is the Amount of $48,500.00, 11ith Funding Provided by the Nater 8nterprise Fuad, Soad Construction Account, Having a Budget Allocation of X48,500.00 sad Authorizing the Village Manager to Execute the Same oa Behalf of the Village. (Staff Recommnends Approval) Mayor Schauer read Resolution 7-1998/99 by title only. Village Manager Bradford explained this would compensate Reese, Macon and Associates, Inc., for their engineering services during construction and was within the overall budget for the reverse osmosis project. In response to vice Mayor Hansen's question regarding how frequently Construction people would be on site, Tom Jensen responded people would be coming by the site every virr~AG$ courtc~L M88TIWG MINtTPSB November 12, 1998 PAGI3 14 day during routine work but during critical times workers would be there full time. Mr. Jensen anticipated receiving a work schedule the next day, and reported the contractor anticipated completion by the first part of February, 1999. Couacilmember Cameron made a motion to approve Resolution 7-1998/99 - Approving sa Sagiaeeriag Services Proposal Mith Reese, ~sacoa sad Associates of Lake North, Florida, for Sagiaeeriag Services During the Construction of R.O. Nell N'o. 2 sad the Development/Testing of R.O. Neil No. 1 is the Amount of $48,500.00, Nith Funding Provided by the Nester 8nterprise Fund, Goad Construction Account, Having a Budget Allocation of $48,500.00 sad Authorizing the village a6aaag®r to Execute the Same oa Behalf of the village. The motion ass seconded by Vice Maydr Hansen. the vote oa the motion Mass Rlizabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameros - for Joseph N. Capretta - for Ron T. Mackail - for The motion Mas therefore passed sad adopted. F) Ordinance - First Reading - Amending Investment Options of Board of Trustees of Tequesta 8mployees• Pension Trust Fund. (Staff Recomomeads Approval) Village Manager Bradford explained that at the last Village Council meeting First Reading of an Ordinance changing investment options from 50/50 to 60/40 had taken place. At their last meeting, the Board of Trustees of Tequesta Employees Pension Trust Fund had indicated they also wished to take advantage of a recent change in Florida law which would allow investment in foreign securities, with limitations. This option was also desired by Peter Van Beuren of Loomis 5ayles and Company, VILLAGB COIINCIL D~88TING NINDT83 November 12, 1998 PAGB 15 investment manager for the pension trust fund. Village Manager Bradford explained that in order to allow this additional investment option the Ordinance had been amended to include that ability; therefore, the Ordinance needed to be re-read on First Reading. Councilmember Mackail commented this investment option would allow a more diversified portfolio and would provide flexibility. Village Attorney Randolph read the above Ordinance on First Reading by title only, Couacilme~mber m'ackail made a motion to approve the above Ordinance oa First Reading by title only. The motion was seconded by Vice Nayor Hansen. The vote on the motion was: 811zabeth A. Schauer - for Carl C. Hansen - for Alexander N. Cameron - for Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted.. 8. ANY OT88R MATTERS Vice Mayor Hansen discussed the devices used by the Police Department to collect traffic data on Country Club Drive, which provided good data and indicated traffic was becoming less on that street. Vice Mayor Hansen requested that the Police Department be given computer capability to show this data in a format easier to read so that it could be given to the residents. A possible suggested format was bar graphs to show summer and winter traffic and traffic at the north end and south end of the street. Vice Mayor Hansen explained that the Village was going to install landscaping which was expected to lessen traffic further and data that showed this was helping was desirable. The Vice Mayor requested a monthly K VILLAa]3 COUNCIL N$~rlNa NrNOrr~s November 12, 1998 PAa~ 17 be one remaining lawsuit outstanding against Jupiter, the petition for Administrative Hearing with Jupiter and South Florida Water Management District regarding the requested increase in the consumptive use permit. Mr. Bradford indicated that if all went as planned, this lawsuit could be dropped, but the Village would want to first ascertain this would be in the best interests of the Village. Village Manager Bradford requested authority to drop the lawsuit if everything went as described. Village Manager Bradford commented that at the December Village Council meeting a plan might be presented regarding how to refund the money to the residents, and advised that staff preferred to give each resident a check. Discussion ensued, which indicated that the Village Councilmembers preferred to wait regarding dropping the lawsuit and to have this matter presented to them at a later date after the anticipated events had transpired, since Jupiter did not have to use the Ordinance even if passed on second reading, and they could always adopt another Ordinance. Mayor Schauer announced a swing dance concert on Sunday, November 15, 1996 at Constitution Park. XI. ADJpIIRD~NT Couaciimember Nackail moved that the meeting be adjourned. vice Mayor Hansen seconded the motion. The vote on the motion Wass $lizabeth A. Schauer - for Cari C. Hansen - for Alexander W. Cameron - for Joseph N. Capretta - for Boa T. Nackail - for The motion was therefore passed and adopt®d sad the meeting wag adjourned at 8:50 B.N. VILLAOL COUNCIL NER'TIN© ffiINOTgS November 12, 1998 PAC3F 18 ATTEST: Joann Manganiello Village Clerk DATE APPROVED: Respectfully submitted, Betty Laur Recording ~~ Secretary