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HomeMy WebLinkAboutMinutes_Regular_11/14/2002.7 y ~ T VILLAGE OF TEQUESTA ~ Post Office Box 3273 250 Tequesta Drive, Suite 300 ~'~ • Tequesta, Florida 33469-0273 (561) 575-6200 ~~, o Fax: (561)575-6203 i VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES NOVEMBER 14, 2002 I. Call to Order and Roll Call Y[A. The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, November 14, 2002. The meeting was called to order at 7:05 p.m. by Mayor Geraldine A. Genco. A roll call was taken by Mary Wolcott, Village Clerk. Councilmembers present were: Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, Councilmember Russell von Frank, and Councilmember Edward D. Resnik. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney John C. Randolph, Village Clerk Mary Wolcott, and Department Heads. II. Invocation and Pledge of Allegiance Councilmember Dalack led the audience in singing the invocation, America the Beautiful, and led the pledge of allegiance to the flag. III. Approval of Agenda Mayor Genco commented this was the first Village Council meeting in the remodeled room, for which thanks was owed to Greg Corbitt, Director of Parks and Recreation, and to Michael R. Couzzo, Jr., Village Manager. • Mayor Genco requested that Item V (a), Resolution for Mr. and Mrs. Rood, be moved to Item IV (a). Councilmember von Frank requested addition of two items under Any Other Matters. Councilmember Dalack requested Consent Agenda items (Nl) and (O) be pulled for discussion. Vice Mayor Capretta requested addition of two items under Any Other Matters. Councilmember von Frank pointed out a typo in the last minutes on page 6, paragraph 8, which should be weeds, not wigs. Mayor Genco requested Consent Agenda Items (L) and (G) be pulled. Item O was requested to be discussed first following the Consent Agenda. Recycled Paper Village Council Meeting Minutes November i4, 2002 Page 2 ------------------------ MOTION: Councilmember Resnik made a motion to approve the Agenda as amended. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. IV. Presentations and Proclamations A. Resolution No. 2-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, publicly commending Roy and Patricia Rood for their contributions to the Village of Tequesta and the surrounding community. Mayor Genco read Resolution No. 2-02/03 in its entirety, presented Mrs. Rood with flowers, and presented both Mr. and Mrs. Rood with the Resolution on a plaque and with pins. • MOTION: Councilmember Resnik made a motion to approve Resolution No. 2-02/03. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. Roy Rood expressed his appreciation, stating he was humbled and honored to receive this recognition on behalf of his family and his company. Mr. Rood stated that he thanked God for his boys and his wife, and thanked the Village Council for what they had done for Tequesta. Mr. Rood commented that he liked the volunteer spirit in this community. B. (This Presentation item was considered following the conclusion of Unfinished Business) Resolution No. 3-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a donation of $10,000.00 to the Lighthouse Center for the Arts, Tequesta, Florida, a non- profit organization; funds being derived from account number 001-100- 582.800, Council's Aid to Organizations, with a budget allocation of $11,000.00. Mayor Genco read Resolution No. 3-02/03. Village Clerk Wolcott explained that this money would be used in Lighthouse Center for the Arts programs to bring art • and culture to diverse sections of the population, the underserved in schools, churches, and nursing homes. The benefit to the community was discussed. Village Council Meeting Minutes November 14, 2002 Page 3 ----------------------- MOTION: Councilmember Resnik made a motion to approve Resolution No. 3-02/03. Councilmember von Frank seconded the motion, which carried by unanimous 4-0 vote, with Councilmember Dalack abstaining due to conflict of interest since his wife was a member of the faculty of Lighthouse Center for the Arts. V. Unfinished Business A. Consideration of approval of Village Manager's Contract Councilmember Resnik indicated that the Village Council at their last meeting had acknowledged Mr. Couzzo's performance during the last year as being exceptional and outstanding, and had requested that Councilmember Resnik represent them in reviewing with Mr. Couzzo his employment agreement and compensation for the • coming year. The employment agreement was to be reviewed with an eye toward improving it, recommending changes for administrative continuity and consistency mutually acceptable to the Village Council and to the Village Manager. Subsequent to the Council meeting, Councilmember Resnik had met with the Village Manager on several occasions, had met with the labor attorney, and changes had been made which were reviewed by both the labor attorney and with Village Attorney Randolph and approved for legal form and sufficiency. Councilmember Resnik reported that the changes basically personalized the agreement, changing the word employee to Michael R. Couzzo, Jr., and making it a 5-year agreement with a set level of merit increases consistent with sustained satisfactory performance. The changes also included a few administrative changes in other paragraphs. Key changes had been a change in the termination paragraph which applied to severance pay; changing 6 months pay to 6 months plus one month additional pay for each year of service. Salary had been changed to set merit increases for five years, 3% this year and 4% in each of the succeeding years, in order to provide consistency in wage management and an example when he dealt with the labor unions and to enhance workplace morale and productivity. Also provided for was review by the Village Council each year of his overall performance during the preceding year to determine if his performance exceeded that for which he received merit increase to the extent that he should be awarded a performance recognition compensation-a one time payment for that particular year only if merited by his performance. In 2001 Mr. Couzzo had been awarded 7% merit increase and 7% bonus, now called PRC (performance recognition • compensation). During the past year his productivity and savings to the Village exceeded that of 2001; therefore, Councilmember Resnik concluded that his compensation merited at least the amount received in 2001. In consideration of that Village Council Meeting Minutes November 14, 2002 Page 4 ----------------------- and the fact that he only received a 3% merit increase per the budget and this agreement, it had been agreed that Mr. Couzzo should receive a PRC this year of $11,100.00. The total percentage increase of base pay would be 15%, exactly the same that was given the year before; however, based on the fact that the base was more this yeaz because of the increase given last year, he would receive $800 more this year than last. Councilmember Resnik recommended they approve the contract changes as approved by the labor attorney and the Village attorney for legal form and sufficiency, and aone-time PRC of $11,100.00 for exemplary performance over the past year. MOTION: Councilmember von Frank made a motion to approve the Village Manager's contract with the changes as recommended in the review presented by Councilmember Resnik and approved by the labor attorney and the Village attorney for legal form and sufficiency, and aone-time performance recognition • compensation amount of $11,100.00 for his exemplary performance over the past year. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. V. Consent Agenda MOTION: Councilmember von Frank made a motion to approve the Consent Agenda with the changes made under Approval of Agenda. Councilmember Resnik seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved: A. Village Council Regular Meeting Minutes of October 10, 2002. B. Tequesta General Employees' Pension Trust Fund Boazd of Trustees meeting August 6, 2002. C. Village of Tequesta Community Appearance Board Minutes of September 25, 2002. D. Village of Tequesta Community Appeazance Board Meeting Minutes of October 16, 2002. E. Resolution No. 4-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Mears • Village Council Meeting Minutes November 14, 2002 Page 5 ----------------------- Motor Leasing of Orlando, Florida, for afour-year lease of the 2003 Jeep Grand Cherokee per the Florida Sherifl? s Association bid award 02-10-0826, subject to funds being appropriated each fiscal year in the amount of $4,233.00, having a FY 2002/2003 General Fund Police Department budget allocation of $6,000.00 and authorizing the Village Manager to execute the applicable contract on behalf of the Village F. Resolution No. 5-02/03--A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Rood Landscape, Inc., Tequesta, Florida for a one year contract award for monthly service of lawn and landscape maintenance at Tequesta Park in the amount of $31,092.00, having a FY 02/03 budget allocation of $31,092.00, and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. • H. Resolution No. 7-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Alan Jay Chevrolet, of Sebring, Florida, for one (1) 2003 Chevrolet Silverado 3 500 (1 Ton Cab & Chassis, 4x4) in the amount of $24,137.00, piggybacking the 2003 State of Florida Contract, Florida Sheriff's Bid #02-10-0826, for which $27,700.00 was allocated in the FY 2002-2003 Utility Department Budget (Account #401-411-664.602), and authorizing the Village Manager to execute the applicable contract on behalf of the Village. I. Resolution No. 8-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Rayside Truck and Trailer of West Palm Beach, Florida, to provide and install optional equipment for one (1) 2003 Chevrolet Silverado 3500 in the amount of $19,199.00 for which $20,300.00 was allocated in the FY 2002-2003 Utility Department Budget (Account #401-411-664.602), and authorizing the Village Manager to execute the applicable contract on behalf of the Village. J. Resolution No. 9-02/03-A Resolution ofthe Village Council ofthe Village of Tequesta, Palm Beach County, Florida, approving a proposal from McCotter Ford, Inc., of Titusville, Florida, for two 2003 Ford Crown Victoria patrol cars and two 2003 Ford F-150 pickup trucks for the Public Works Department and Utility Department in the amount of $80,930, piggybacking • the 2003 State of Florida contract, Florida SherifFs Bid #02-10-0826, for which a total of $86,000.00 was allocated in the FY 2002-2003 Budget with $46,000.00 from the Police Department (Account #001-175-664.602), and Village Council Meeting Minutes November i4, 2002 Page 6 ----------------------- $20,000 from the Utility Department (Account #401-411-664.602) and authorizing the Village Manager to execute the applicable contract on behalf of the Village. K. Declare 1998 Ford Crown Victoria, VIN-FAFP71W2EX131402, as surplus and donate it to the Criminal Justice Academy at Palm Beach Community College. N. Consideration of appointments to the Board of Adjustment: Paul Brienza as full member, term expiring May 14, 2003; and Steve Gordon as alternate member, term expiring November 14, 2003. Consideration of Items Pulled from the Consent Agenda: L. Resolution No. 10-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a donation of $1,000.00 to • the Jupiter High School Project Graduation, Jupiter, Florida, anon-profit organization; with funds being derived from account number 001-100-582.800, Council's Aid to Organizations, with a budget allocation of $11,000.00. Mayor Genco read Resolution No. 10-02/03. Fran Martin commented that she was a parent of a senior and worked for the Palm Beach County school system. Ms. Martin commented this was an important event for the high school and thanked the Village for helping provide a safe environment for graduation activities. Councilmember Resnik commented he had been a volunteer in the 1980's when this had been the first project graduation in the county, and pretty soon one saw them springing up around the county because it was such a Beat program, and in his opinion, one of the most worthwhile educational things in the county. MOTION: Councilmember Dalack moved approval of Resolution 10-02/03. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. G. Resolution No. 6-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a proposal from Duval Ford, • of Jacksonville, Florida, for one (1) 2003 Ford E-350, 15 passenger van in the amount of $19,981.00, piggybacking the 2003 State of Florida contract, Florida Sheriff s bid #02-10-0826, for which $21,000.00 was allocated in the FY 2002- Village Council Meeting Minutes November 14, 2002 Page ~ ----------------------- 2003 Parks and Recreation budget (account #001-230-664.602), and authorizing the Village Manager to execute the applicable contract on behalf of the Village. Mayor Genco requested that the Village Manager explain the proposed use for this van. Village Manager Couzzo reported that the budget for Parks and Recreation included a summer program instituted by Parks and Recreation Director Greg Corbitt, and the van would be used for trips in the summer program for kids as well as for senior trips, so that it would not be necessary to rent a vehicle for these events. Village Manager Couzzo explained that purchasing the van was a much more efl-icient and economical way to provide transportation for recreational programs. Councilmember von Frank reported he and his wife and Wade Griest had attended the meeting of the Parks and Recreation Advisory Board the previous evening, and were enthralled with Mr. Corbitt's enthusiastic attitude and the support he was receiving from the advisory board. • MOTION: Councilmember Resnik moved approval ofResolution 6-02/03. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. M. Resolution No. 12-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving funding of $3,000 per month for FY 2002/2003, appropriated from the FY 2002/2003 General Fund, to secure the services of Public Affairs Consultants, Tallahassee, Florida for representation before the Florida Legislature, and authorizing the Village Manager to execute a purchase order on behalf of the Village. Mayor Genco read Resolution No. 12-02/03. MOTION: Councilmember von Frank made a motion to approve Resolution No.12-02/03. Councilmember Resnik seconded the motion. During discussion of the motion, Councilmember Dalack stated he could support temporary support on an specific project but could not support $3,000 per month. Mayor Genco commented that Mr. Cory of Public Affairs Consultants was very integrated into the politics in Tallahassee, and could get the ear of almost everyone thereto support initiatives for grant money ar whatever the Village was pursuing. He was currently working on the Loxahatchee River initiative program that the • Village had wanted to promote and had opened the door to the secretary of DEP who was now listening to what the Village had to say and his mind was opened so much that the DEP was not taking a position as a result of Mr. Cory's efforts. • Village Council Meeting Minutes November 14, 2002 Page S ----------------------- Letters had been received from the Agriculture Chairman of the State as a result of Mr. Cory's work. He was also working on other projects that would eventually result in grant money for which otherwise the Village would not have been able to apply. The Mayor explained that Ken Pruitt would be chairing the appropriations committee, and had been working on behalf of the Village. Mayor Genco expressed her opinion that Mr. Cory's work would open avenues for the Village and that the grant money received would exceed his fees. Village Manager Couzzo commented that this was a second phase of what the Village Council had approved last year, and if they wanted Mr. Cory to continue his efforts they would need to approve the resolution. The Village Manager commented that Mr. Cory was very well intertwined in state politics and had been very successful in getting grants and legislative appropriations for communities, and that his fee was actually less than most other lobbyists. Councilmember Resnik commented the lobbyist had shown he had the ability to communicate with legislative officials and if grants were received in part from • this lobbyist's efforts then it would be worthwhile, and if grants were not received, he would be tanked. Councilmember Resnik expressed his opinion that the lobbyist should get one more shot because he had started out pretty good and the Village might receive $200,000 in grants from his efforts. Village Manager Couzzo explained that Mr. Cory was not a grant writer, but represented the interests of the Village on a broad spectrum of subjects including efforts to receive grants through his contacts in the State legislature. Vice Mayor Capretta indicated he favored approval of the resolution, but also recommended pursuing grants from the county and lobbying for county grants. Vice Mayor Capretta commented the Village should be positioned to workwith the lobbyist and he understood that a person was about to be hired in the Community Development Department who would work on obtaining information about grants. Vice Mayor Capretta stated he would like County Commissioner Karen Marcus to be invited to a Village Council meeting and talk to her about grants. Vice Mayor Capretta noted that every dollar received in grants was money the residents did not have to pay and yet the projects would get done. The Vice Mayor recommended that either a person in Community Development or someone else look into available grants from the county, and stated the Village needed to have more contact with Karen Marcus, who was good about providing grants when asked. The Village Manager explained that grant information was coordinated by the Department Heads. Discussion ensued. Mayor Genco commented the Village would keep track of the amount • brought in by the lobbyist to track whether the Village got a good return on their investment, and the Village Manager indicated quarterly reports would be provided. Councilmember Resnik amended the motion to approve Resolution • Village Council Meeting Minutes November i4, 2002 Page 9 ----------------------- No. i2-02/03 for aone-year period, which was seconded by Vice Mayor Capretta. Motion carried by unanimous 5-0 vote. Village Manager Couzzo announced that Mr. Cory would be in town the next afternoon. O. Consideration of approval for the Village Manager to go forward with finding alternative financing for residents for the ENCON Sewering Project. Village Manager Couzzo commented that Councilmember Dalack had requested looking into how ENCON was setting up payment for the sewering, since some residents had expressed concern. Mr. Couzzo stated that the entire $7,200 could be paid to ENCON or it could be financed through ENCON at a rate close to 7%. The Village Manager had learned in discussions with ENCON that they had previously borrowed that money at 6-7/8%, and to adjust that rate would require a significant prepayment penalty. The Village Manager advised that Councilmember Dalack had asked if the Village could look at it to help the residents finance at a better rate. Mr. Couzzo asked if the Village Council wished to continue with staffresources and time to look at this, and explained that the goal was to get a lower interest rate for residents who wanted to finance the sewer cost. One option was for individuals to obtain their own equity loans, another was the possibility of the Village intervening in some fashion, taking over the debt from ENCON and being the leinholder at a lower rate; another possibility was using a local lending institution if it were bundled for a number of customers at a lower rate. Discussion ensued. The cost was estimated at $3.5 up to $5 million to pay ENCON. Mayor Genco commented that the Village should only intervene on behalf of the Village's own taxpaying residents. Mr. Couzzo commented he agreed unless a bank took it over and then the Village could help coordinate and the bank could handle it for whomever they wished. Vice Mayor Capretta commented that whatever the Village Council decided, it should be communicated to the residents that they were looking at the problem. Village Manager Couzzo commented that in his discussions with Rick Dent of ENCON, he had learned they had expanded the time until May, and it could be put into the next newsletter so at least the residents were aware the Village was trying to do something on their behalf. Vice Mayor Capretta noted a lot of people had come to him and requested that the Village make a decision. Mayor Genco commented that the way it was now it would be on the tax bills pro rated for 20 years and if a bank took it would not be that way. The Mayor commented there were two alternatives-a commercial • loan available to individuals on their own, a personal liability; or something on behalf of the Village that would occur on their bill every month, which would make it for Village residents only. The Village Manager indicated just those two alternatives Village Council Meeting Minutes November i4, 2002 Page io ----------------------- could be looked at. The Mayor stated she favored the second alternative, favoring the residents, and if staffwas going to spend any time on this, it should be on the tax bill in the same form as ENCON was doing, and only be for residents. The Village Manager agreed with the second alternative. Vice Mayor Capretta commented he believed this should be studied and the best alternatives offered to the residents, and a meeting held with a presentation and questions and answers to help them make the right decision. Mayor Genco recommended holding a workshop meeting in January with a bank representative present to answer questions for the residents and to present the pros and cons of paying it all at once or over time, and the Village Manager could research only the scenario of the Village getting involved. Vice Mayor Capretta commented ENCON could be at the workshop if desired. Following further discussion, Joe Hall asked how long there was to resolve this, to which the response was the third Thursday in May. Mayor Genco commented the Village would want to resolve this by February. Jim Humpage commented he liked that the Village would take up this endeavor, and if they did it should be only for the Village and not for the • unincorporated areas. Mr. Humpage reported he had spoken to one of the ENCON representatives and when they found they might be taken out of the loop, they began looking for alternative financing. Mr. Humpage commented he thought it was really good and asked if in the alternatives of creative financing, non-ad valorem taxing, special assessment-there was still something that could be used as a tax benefit. Mayor Genco responded that could not be taken offas part of a resident's taxes. Neil Vander Wahl commented right now the residents were looking at a $7,200 assessment with a 6.875% rate of interest, and he requested that the Village Council focus on Village funding without going to a bank because if he were to allow the assessment to go onto his property and sold it in two years it could be assumed by the buyer. If a bank was involved, he believed he would have to come up with the balance and pay it off in order to sell his house. Mr. Vander Wahl commented the rate of 6.875% offered by ENCON was just a final slap in the face to the residents who had endured the disaster of construction. Mr. Vander Wahl commented one of the residents contacted ENCON about that but was basically blown off, and he thought this was an opportunity for the Village could step up and take care of its residents, bean example to other communities, and there should not be any associated risk for the Village. Mayor Genco announced there would be an educational workshop in January to explain to each individual homeowner their alternatives. Afterwards, the Village Council would hear what the Village's responsibilities and liabilities were and make a decision, which did not mean that for some owners the best choice might still be a personal home equity loan. Mayor Genco requested this discussion be tabled until • that time. Steve Gordon indicated he had written a letter, that ENCON did not have a 6.8% rate, they had a blended rate on five loans that came to 5.5% through Sun Bank, and there was a million dollars prepayment penalty, and the Village should know Village Council Meeting Minutes November 14, 2002 Page it ----------------------- those things before scheduling a meeting. Mr. Gordon stated that Richard Dent had committed to him that in December or early January there would be a workshop held at ENCON with their people from Miami. Peggy Verhoeven commented she spoke to Paul last week and they were all finished, so she had called and asked if they wanted her to pay, and if one paid in December there could be a personal tax break. Mayor Genco requested that further discussion wait for the workshop in January. Consensus of the Village Council was to proceed with staff research on this item. VII. Communications from Citizens Wade Griest, Dover Road, commented 15 years ago he came here and discussed the Siegel case with the Council and there had been many promises, and over the years several changes, and several Code Enforcement Officers had come and gone. Mr. Griest commented that two years ago when a court had made a decision that the Siegels were guilty on four counts for code violations, and charged a thousand dollars a day, he had thought the matter resolved. Now the fine was over a million dollars, and no one had an answer. Mr. Griest commented • the residents felt there was no code enforcement, that the codes were not enforced. Village Attorney Randolph responded that the Village had filed for foreclosure and was trying to get a summary judgment hearing, which hopefully could be heard in 60-90 days, and hopefully that would be the end of the matter legally. Harold Taylor offered some thoughts on Village hall-that being adjacent to the Public Safety Building the buildings should be identical in appearance. Mr. Taylor expressed his opinion that it would be beneficial if the Village would talk to the architects and suppliers to make sure the items used at the public safety facility would be available in two years, and that consideration should be given to Gee & Jenson and to David Brooks since they had done the new facility. The design contract could essentially be reduced down to the floor plan. Also, there was a possible legal issue regarding copyrights to the design and specifications, if a different architect should be chosen, and Mr. Taylor advised that the Village should review its contract with Gee & Jenson. The Village Manager noted that this matter would probably come to the Council in December, that the Village must follow State statutes, that Mr. Taylor made some good points, especially regarding copyright issues, and that the Village hall, if not identical would certainly be close to the appearance of the existing building. Pat Watkins stated she wanted to personally thank the Village Council for their continued support of Jupiter High School Project Graduation, which had been in existence for the past 14 years. Ms. Watkins noted that Councilmember Resnik was correct, the first Project • Graduation was at Jupiter High School and was established because they had lost three seniors the prior year, and no students had been lost since the inception of Project Graduation. Ms. Watkins commented following 12 years of struggle the first phase of • Village Council Meeting Minutes November i4, aoo2 Page 12 ----------------------- children would move into the new facility in January this year following Christmas vacation. VIIL New Business A. Resolution No. 11-02/03-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving a Water Franchise Agreement between the Town of Jupiter and the Village of Tequesta, and authorizing the Mayor to execute the applicable agreement on behalf of the Village. Mayor Genco read Resolution No. 11-02/03 by caption only. Village Manager Couzzo explained that over the past year he had been in negotiations with the Town of Jupiter involving a significant number of items. The negotiating team consisted of the Village Manager, Village Attorney Randolph, Tom Jensen, Bill Reese, and Robert Ori. Mr. Couzzo commented that the Village of Tequesta had had a turbulent time with the Town of Jupiter; however, he and Town Manager Bartalotta had been • determined not to resolve their differences and issues in court. The Village Manager stated that they believed the negotiated agreement to be beneficial to both communities, and explained that the agreement specifically stipulated and identified the water service area for the Village of Tequesta not only in language but also in a geographic rendering. The negotiated items included: a) The sale of the franchise agreement, which is the area that is in the northern sector of Jupiter and was due to expire in July. The negotiation called for sale of the assets and termination of the contract, which had been done. The amount of the sale was $700,000. In the negotiation was a reduction in the bulk water purchase. The Village currently had an agreement to purchase water from Jupiter that would not expire for five years, and since the Village did not need the water, the original goal was to get out ofpurchasing water. Negotiations allowed the Village to reduce the amount by ten percent on a daily basis and to achieve a rate stabilization. A schedule had been set for the amount of rest of the contract, requiring a public hearing prior to July, 2003. Mr. Couzzo reported that one of the most significant things was that the agreement definitely provided the geographic boundaries of Tequesta's water utilities and water customers, and specific language that would maintain the integrity of those service areas. Mayor Genco commented that she believed Jupiter had intended to expand their services into the Village's service area; and now there would be no expansion. Additionally, if Jupiter serviced customers they required that they annex, and it had been a concern of the Village that enclaves within the Village boundaries could be annexed into Jupiter. • Mayor Genco stated she was not thrilled about continuing to purchase water from Jupiter. Village Manager Couzzo explained that the Village was obligated to purchase bulk water under an existing contract, and the negotiations had been able to • Village Council Meeting Minutes November i4, 2002 Page 13 ----------------------- reduce daily consumption. Mayor Genco commented that Tom Jensen of Reese Macon was present to speak on this issue. Vice Mayor Capretta recalled a time when Jupiter had doubled their rate for bulk water, and now were taking only half, and concluded that Jupiter was very flexible on their rates, agreed the service area was very important, advised that a study was coming up involving prices, and stated that a municipality must be able to control their water. The Vice Mayor commented when the report of the study was received the Village Council needed to have a discussion on water strategy and develop a 5-year water plan. Village Attorney Randolph advised that because of discussions with Jupiter as late as that day, he needed to provide further information regarding the exhibit setting forth the boundaries of the Jupiter service area and Tequesta's service area. Attorney Randolph explained that he had agreed to include the exhibit D if the service area boundary was redrawn to minimize the Jonathan Dickinson State Park properties within the Jupiter service area, so as to only include facilities owned and operated by the Boy Scouts; and that in consideration of same Jupiter agrees to incorporate into the agreement a provision that Jupiter will not object to Tequesta securing an easement orright-of--way through • the camp so they could provide service to the west and south of the camp. Attorney Randolph advised that Tequesta had received an amended exhibit D after it was approved by Jupiter, but the boundaries of the service area for Jupiter had been expanded to include more property that the Village did not believe was owned by the Boy Scouts. The Village Attorney explained that as late as today, he had attempted to clarify the language via a letter; however Mr. Brown of Jupiter had objected. Mayor Genco discussed her conversations with Mr. Brown, and commented they had gone back on their word, and the agreement would have been done months ago if Jupiter had stayed consistent on their terms, but they had changed them time after time. Attorney Randolph advised that Mr. Brown would say that his language was only an attempt to clarify Jupiter's agreement with the Boy Scouts relating to other facilities. The Mayor stated that the agreement should be according to the letter from Mr. Brown. The problem of the expanded area was discussed. Tom Jensen presented a graphic of the boundary area and the expanded area they now wanted to include outside the Boy Scout Camp, where apparently Jupiter planned to joint venture with the park for improvements so that the Boy Scouts could share the boat ramp and so forth along the river, and Loxahatchee River Preservation Initiative had been mentioned. Vice Mayor Capretta commented the Village should accept Jupiter's offer they had approved and ignore Mr. Brown. The Village Manager commented this was not a consumption area. Councilmember Dalack asked what detriment there would be to the Village. Mr. Jensen reported that this was the first time he had seen a • reference to the Loxahatchee River Preservation Initiative and had not had time to call around to find out what it was and the improvements that were planned. The Mayor explained that it was a non-profit group that tried to raise funds for the benefit of the Village Council Meeting Minutes November i4, 2002 Page i4 ----------------------- Loxahatchee River and she believed Mr. Brown was on their Board or Committee, and she had no problem with the initiative at all, but with why this wasn't all done during the negotiations instead of at the last minute. Mr. Jensen commented he had tried calling people he knew to ask if they knew what was happening at the Boy Scout Camp, and they all understood the plans were in concept with nothing defined. It was clarified that Section 16 was within Jonathan Dickenson State Park, so the consumption might not be great; however, as the Mayor pointed out, they could be planning a village such as the one in Yellowstone National Park. Mr. Jensen indicated the need for fireflow had been mentioned and if fireflow was being brought to the park, they were going to be adding structure, and more than just a few cabins. Vice Mayor Capretta recommended no more negotiation, but just to sign the agreement that had been approved by the Jupiter Town Council. Attorney Randolph advised that if that agreement was accepted by the Village they would be accepting exhibit D with the expanded area, and the Village Council needed to decide whether than expansion was meaningful to the Village. The Village Manager commented that at the time the agreement was approved by Jupiter, the Village did not have the exhibit. Village Attorney advised the first thing that needed to be decided was whether this was an issue, aside from the miscommunications; and Bill Reese had told Village Attorney Randolph and Village Manager Couzzo that for all intents and purposes he did not see that there would be any real development in that area so it would not make much difference from a consumptive use standpoint. Village Attorney Randolph advised that if this was not an issue, then the agreement could be approved with the exhibit as it was-but if it was an issue, he suggested the following alternatives: (1) approve it with the clarification that David Brown had provided late that day, or (2) approve it with the language Village Attorney Randolph had sent to David Brown that day, or (3) approve it subject to the Manager clarifying the exhibit D. Councilmember Dalack recommended to approve the agreement as it was. Village Manager Couzzo suggested it be approved with the footnote that Mr. Brown had provided. Discussion ensued. Mayor Genco stated, if he could prove he had apre-existing agreement with the Boy Scouts. Councilmember Resnik commented this was a good agreement. Councilmember Dalack commented that whatever Jupiter had signed, anything other than that was extraneous and not a part of the contract, and he and Vice Mayor Capretta were saying to accept the offer and it would become a binding contract, and communications back and forth after Jupiter signed were irrelevant- whatever they signed was the proposal before the Village. Mayor Genco read from the proposed language that she said was not within the agreement that exhibit D was contradictory because the asterisk was correct but the drawing was not correct. • The language "to the west and south of the Boy Scout camp" was in question. Mr. Jensen commented the language needed to include more than the Boy Scout camp or the Village would have no way to get through the park service area to get to the • Village Council Meeting Minutes November i4, 2002 Page i5 ----------------------- westerly area. Vice Mayor Capretta cammented he had negotiated with Jupiter for years and it was always this way and you never got to the end, and he recommended once they had signed an agreement to take it. Mayor Genco commented that the asterisk on the drawing was inconsistent and she was worried about exhibit D because it set forth the Village's service area. Village Attorney Randolph commented that the sole problem was there was additional area beyond the Boy Scout camp that the Village had not agreed to in their original discussion, and although the footnote and the drawing did not agree, the asterisk said they would not object to the Village getting an easement through the Boy Scout camp to provide access for a pipeline to service properties within Jupiter's service territory to the west and or the south of the Boy Scout camp. Village Attorney Randolph commented he did not think it was inconsistent with the map and that it was saying the Village could go through the Boy Scout camp to service areas to the west and to the south. Mayor Genco asked if the map could be the basis for Jupiter to come back and say they had made a mistake, to which Attorney Randolph responded no, they had agreed to that map. • Councilmember Resnik stated the Village could test that later. Mr. Jensen commented so long as the Village got access to the west, and Mr. Couzzo commented it had been very clear that the Village wanted access to the west. MOTION: Vice Mayor Capretta made a motion to approve Resolution 11-02/03. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. Mayor Genco clarified that included the exhibits in their books. Village Manager Couzzo thanked the members of the negotiating team for their time and patience. The Village Attorney noted there were a couple of typos in the agreement but nothing substantive. B. Consideration of rescheduling the December Council Meeting to Thursday, December 5, 2002 at 7:00 p.m. The Village Council agreed by consensus to reschedule the December Council meeting to December 5, 2002 at 7:00 p.m. IX. ANY OTHER MATTERS . Councilmember von Frank questioned the Village Attorney whether the property on Bridge Road that the Village had purchased from JMZ was finalized. The Village Attorney responded that the Village could now do whatever they wished with that property. Village Village Council Meeting Minutes November 14, 2002 Page 16 ----------------------- Manager Couzzo commented that he intended to bring that back to the Village Council in December to consider how to proceed with that property. The Mayor noted it would be on the agenda for December. Councilmember von Frank recommended that Wade Griest be recognized by the Village, commenting that Mr. Griest had attended every meeting for years. The Village Council agreed by consensus. Vice Mayor Capretta commented one of his items had already been discussed, which was to invite Commissioner Karen Marcus to attend a Council meeting. The Vice Mayor asked ifthe lights would be restored in Tequesta Country Club. It was reported that some were already in and work was proceeding. Tom Jensen indicated he would call FPL. Village Manager Couzzo announced that preceding the Village Council meeting on December 5, a reception would be held at 5:30 p.m. for the volunteers who dedicate their time to the • various boards and activities of the Village X. Adjournment MOTION: Councilmember von Dalack moved that the meeting be adjourned Councilmember von Frank seconded the motion, which carried by unanimous S-0 votes The motion was therefore passed and adopted and the meeting was adjourned at approximately 9: 20 p. m. Respectfully submitted, ~~'~ Mary Wolct~tt Village Clerk DATE APPROVED: