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HomeMy WebLinkAboutMinutes_Regular_11/08/2001~I. A• VILLAGE OF TEQUESTA Post OEFice 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 8, 2001 I. Call to Order and Roll Call The Tequesta Village Council held a workshop meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, November 8, 2001. The meeting was called to order at 7:05 P.M. by Mayor Geraldine Genco. A roll call was • taken by Mary Wolcott, Village Clerk. Councilmembers present were: Mayor Geraldine Genco, Vice Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, Councilmember Russell von Frank, and Councilmember Sharon Walker. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Mary Wolcott and Department Heads. II. Invocation and Pledge Mayor Genco gave the invocation, quoting Ralph Waldo Emerson, and led the pledge of allegiance. Councilmember Dalack led the group in singing "My Country `tis of Thee". III. Approval of Agenda Councilmember Walker requested addition under Any Other Matters of Florida History Museum, discussion of economic initiatives pertaining to the current recession, and to pull Consent Item (D) Village Manager's Report. Vice Mayor Capretta requested item 4 and item 5 to be switched. MOTION: Councilmember von Frank made a motion to accept the agenda as amended. Councilmember Dalack seconded the motion, which carried by unanimous • 5-0 vote. Mayor Genco announced that a Special Village Council Meeting would be held on Wednesday, November 14 at 5 p.m. at the Village Administrative Offices. The purpose Recycled Paper • Village Council Meeting Minutes November 8, 2001 Page 2 would be to provide an update on the Country Club Phase II Utility Infrastructure Improvement Project, and to consider change orders. IV. Proclamation declaring November 17, 2001 as "Ed Ficker Day". Vice Mayor Capretta proudly announced Saturday, November 17 as Ed Ficker Day, honoring Ed Ficker, who had been the golf pro at Tequesta Country Club for 37 years. The Vice Mayor read aloud the Proclamation and presented Mr. Ficker with a gift on behalf of the Village. Mr. Ficker thanked the Council, and complimented the Village management for making the Village a better community. V. UNFINISHED BUSINESS A. Request to Ratify the Selection and Establishment of the Auditor Selection Committee used, as well as the selection procedures undertaken by the • Committee Village Attorney Randolph noted that at the last meeting when the Village Council had accepted the recommendation of the Audit Committee for an auditor, the question had been raised as to whether the Village had properly followed the requirements of statute relating to the selection of auditors. Attorney Randolph indicated that he had reviewed what actually took place in regard to the selection of the auditors, and had concluded that the Village had followed the spirit and intent of the law. The Village Attorney requested ratification of the selection of the auditing committee, since the Audit Committee was not established by the Village Council. Mr. Randolph advised that under the statute, the governing body may either elect their own policies or follow the procedures set forth in the statute, making a public announcement of the selection of the auditor, adopting procedures for the evaluation of the services, and that no fewer than three firms be deemed to be most highly qualified. Village Attorney Randolph advised that in this case, a committee was established which consisted of Finance Director Joanne Forsythe, Police Chief Allison, and Project Accountant Daniel Gallagher, an advertisement was published, and RFP's were put out which included specific guidelines which were sought from the auditors. The RFP advertisements were published in the Palm Beach Post and on a web site, and posted at the recreation center where meetings are held, and were mailed to accounting firms who had • requested to be put on the list for RFP's in the past. Only three firms responded. These firms were reviewed by all three committee members on an independent basis and each member chose to recommend to the Village Council the same accounting firm, Rachlin, Cohen and Holtz. Ms. Forsythe stated in her letter to • Village Council Meeting Minutes November 8, 2001 Page 3 the Village Manager that the staff independently reviewed the depth of experience in the municipal sector, the resources to adequately staff the audit, the experience in governmental accounting standards, the broad spectrum of municipal consulting services-including bond financing, utility rate studies, computer systems, the fact that they conducted educational seminars, presented a straightforward audit plan, and were willing to be flexible in scheduling to perform this year's audit. The Village Attorney had asked that the Council be provided with the three responses so each one would have had an opportunity to review all three. Village Attorney Randolph stated it was his opinion the Village had followed the spirit and intent of the law if not the letter of the law, and that out of an abundance of caution recommended if the Village Council was satisfied with the procedures that were used and established they should adopt those procedures and ratify the selection of the committee so that the Council as a governmental entity would have appointed them. Councilmember Dalack made a motion to ratify the Audit Committee pursuant to the Village Attorney's description. Motion was seconded by Councilmember von Frank and unanimously carried by 5-0 vote. Councilmember Walker requested that for future selection of auditors the Village Manager's office develop a set of guidelines and procedures, referring to the Auditor General's report to see if there were additional procedures beyond what had been done here that might also be implemented. Discussion ensued. Vice Mayor Capretta recommended this same process be used for hiring any outside firm, not only auditors, on a long-term basis, over a certain amount of money for a certain amount of time. MOTION: Councilmember Walker made a motion that for future selection of auditors the Village Manager's office develop a set of guidelines and procedures, referring to the Auditor General's report to see if there were additional procedures beyond what had been done here that might also be implemented. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. MOTION: Vice Mayor Capretta made a motion that the Village Manager set forth policy and procedures for engaging outside consultants. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. B. Resolution No. 9-01/02 - A Resolution of the Village Council of the Village of • Village Council Meeting Minutes November 8, 2001 Page 4 Tequesta, Palm Beach County, Florida, establishing an ad hoc advisory committee to the Village Council to be known as the Parks and Recreation Advisory Committee, establishing its purpose; providing for its makeup; and establishing the term of its existence, providing an effective date. Mayor Genco clarified that the term of the committee's existence would be at the will of the Village Council, and that the applications for membership would be presented to the Village Council for selection of the committee members. The committee would consist of 7 members, all residents of the Village, with three members serving one year and four serving two years, with all subsequent terms to be two years. Meetings would be held when determined by the committee, and the committee would present ideas to the Village Council for consideration of implementation. The Mayor expressed the hope that members would be from different areas of the Village so that ideas could be presented that would benefit all areas. Mayor Genco reported that $123,000 proceeds from the Sprint tower had been received but not yet • budgeted, and that the Village Council would have an opportunity to consider the possibility of using a portion of that money to implement needs identified by the advisory committee. Councilmember Walker reported she had attended a conference over the weekend where the city of Gulfport had been used as a good example, and they had established not only a recreation advisory committee, but also a senior citizens advisory committee and a teen council. Councilmember Walker requested that the Village Council consider those possibilities also, to identify those groups specific needs and wants and to involve more citizens in the governmental process, and suggested the possibility of those groups reporting to the main parks and recreation committee. The Village Attorney advised this matter could be discussed under Any Other Matters. Consensus of the Village Council was to add this item to the December, 2001 agenda. MOTION: Councilmember von Frank made a motion to adopt Resolution No. 9- Ol /02. Vice Mayor Capretta seconded the motion, which carried by unanimous 5-0 vote. C. Resolution No. 12-01/02 - A Resolution of the Village Council of the Village of Tequesta, Florida, declaring its support of the Loxahatchee River Initiative's efforts to restore and preserve the Loxahatchee River. • MOTION: Councilmember von Frank made a motion to accept Resolution No. l2-Ol /02. Vice Mayor Capretta seconded the motion. During discussion of the motion, Councilmember Walker requested that this Resolution be forwarded to Village Council Meeting Minutes November 8, 2001 Page 5 Senator Pruitt and Representatives Negron and Atwater, which carried by unanimous 5-0 vote. VI. CONSENT AGENDA MOTION: Councilmember von Frank made a motion to approve the Consent Agenda as submitted excluding Item (D) Village Manager's Report for the month of October, 2001. Vice Mayor Capretta seconded the motion. Village Attorney Randolph read Resolution No.10-01 /02, Resolution No.11-O1 /02, and Resolution No.13-01 /02 by title only. Motion carried by unanimous 5-0 vote to approve the following items on the ConsentAgenda: A. Village Council Regular Meeting Minutes of October 11, 2001. B. Community Appearance Board Meeting Minutes of July 25, 2001. • C. E. Board of Adjustment Meeting Minutes of July 16, 2001. Resolution No. 10-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving the contract for the demolition of the Tequesta Plaza Retail Building, Phase II, to Thomas B. Cushing Demolition of West Palm Beach, Florida, in the amount of $37,240.00, with funds being appropriated from the capital projects fund, having a FY 2001/2002 budget allocation of $40,000.00, and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. F. Resolution No. 11-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a contract to Gus Machado Ford, of Hialeah, Florida, for vehicle purchase in the amount of $30,605.37, having a FY 2002 budget allocation of $34,200.00, and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. G. Resolution No. 13-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a contract to Duval Ford, Jacksonville, Florida, for vehicle purchases in the amount of $125,623.00, having a FY 2002 budget allocation of $140,000.00, and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. H. Consideration of appointment of Vi Laamanen to the position of "Regular Member" from Alternate Member to the Board of Adjustment. • Item (D) pulled from the Consent Agenda: Village Manager's Report for the Month of October, 2001 Councilmember Walker reported that at the last meeting the Village Council had revised Village Council Meeting Minutes November 8, 2001 Page 6 the content of the monthly Village Manager's report, and commended the Village Manager on his October report, which addressed all the priorities the Village Council had given the Manager and was extremely informative. Councilmember Walker requested ,if possible, to add to the packet a report from the Code Enforcement Officer. The Village Manager indicated he would see that this report was also included in future Council meeting packets. MOTION: Councilmember Walker made a motion to approve the Village Manager's Report for the month of October, 2001. Vice Mayor Capretta seconded the motion, which carried by unanimous 5-0 vote. VII. COMMUNICATIONS FROM CITIZENS Peggy Verhoeven, Point Drive, reported she had recently attended the Jupiter Town • Council meeting because of an issue that had arisen, and that Tequesta's meetings were so much more comfortable, requested that a hymn be added to future meetings, and thanked the Village Manager for making it a pleasure to attend the meetings. Harold Taylor, 13 Chapel Court, publicly apologized to Councilmember Walker for his comment to had at the last meeting, stating it had been inappropriate and he was very sorry for saying it. Mr. Taylor commented that various members of the Village Council had done some things over the last seven or eight months that required legal counsel to resolve some issues, and requested the Village Councilmembers work with each other to avoid this type of expenditure so that funds could be more appropriately used, for instance, for recreation. Mr. Taylor commented he would like to respond in writing to a letter given to him that morning by a member of ACT from a group calling itself "Citizens for Responsible Government", and asked if anyone had any idea who those people were to contact him at home. Councilmember Walker requested and was given a copy of the letter. Pert Town, 364 Fairway North, commented at last month's Village Council meeting an issue had been raised which she believed needed to be addressed. The difference between a straw ballot and a referendum had been explained and it had been determined that the Council would not be bound by the outcome of the vote. Ms. Town stressed that the location of the new Village Hall was not the issue-the issue was the right of the • residents to determine where the Village Hall would be located. Ms. Town commented that September 11 had forever changed our outlook on many things, that the rights of the residents did not need to be attacked or eroded from within, and urged all registered voters to get out and vote and not become apathetic when it came time to vote. Ms. • Village Council Meeting Minutes November 8, 2001 Page 7 Town expressed her opinion the elected officials should uphold the decision of the voters not only to protect their integrity and credibility but to prove that democracy did work. Councilmember von Frank expressed his appreciation for Ms. Town's comments and commented it would be political suicide not to go with the choice made by the residents. The Mayor commented she thought the Council was acting together and would support the residents. Alfred Levy, Martin County resident, commented he was present as a neighbor, and hoped after September 11 that everyone would unite as a community. Mr. Levy read aloud a poem entitled September 1, 1939, written at the beginning of World War II. A brief break was requested by Mayor Genco at 7:55 p.m. The meeting reconvened at 8:05 p.m. • VIII. PUBLIC HEARINGS A. Ordinance -Public Hearing and Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Florida, amending the adopted Village Comprehensive Plan, pursuant to Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code, amending test within the Capital Improvements Element providing for policies related to a new element (PSFE) creating a new element, Public School Facilities Element (PSFE), according to an interlocal agreement between the Village, County, and Palm Beach County School District, providing for codification, severability, and effective date and for other purposes. Mayor Genco read the above Ordinance by title only. Mayor Genco declared the public hearing open. Jack Horniman, Consultant, JLH Associates, explained that this ordinance was a part of an interlocal agreement, and at time of transmittal following first reading he had requested DCA to do an expedited review. In a letter dated September 17 to Mayor Genco that expedited review had been approved, and now the ordinance was ready for adoption. Mayor Genco asked how this agreement would affect Tequesta's school age children, to which Mr. Horniman responded that the Village had agreed • to the agreement and any schools within the zone already met the adopted levels of service, so there would be very little effect. Mayor Genco questioned why Martin County was not involved. Mr. Horniman indicated Palm Beach County was the only county in the state which had adopted school concurrency with level of service • Village Council Meeting Minutes November 8, 2001 Page 8 standards, and Martin County was not within that jurisdiction. Councilmember Walker thanked Mr. Horniman for obtaining the expedited review, and commented that getting 25 different municipalities to agree on this was phenomenal. Alfred Mark Levy, 7129 SE Rivers Edge, commented he was in favor of the plan, and that the plan indicated in five years there would be a need for some schools in the northern area but non were planned for Tequesta. Mr. Levy suggested that since the plan could be amended, if two counties joined forces and decided to build a school that they could support, it could be located north of the river. Village Attorney Randolph explained that this agreement was specifically related to Palm Beach County and it would be difficult to include Martin County in the mix. Mr. Horniman and Attorney Randolph indicated they did not know if joining with Martin County might be precluded in the future. Hearing no further comments from the public, the Mayor declared the public hearing closed. MOTION: Councilmember Dalack made a motion to adopt the above ordinance. • Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. IX. NEW BUSINESS A. Resolution No. 7-01/02 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, urging the State of Florida to create a no-wake zone within the boundaries of the Village of Tequesta. Mayor Genco read Resolution No. 7-01/02 by title only. Mayor Genco reported that a suggestion of a resolution establishing a no wake zone to deal with speeding boats had come from a meeting attended by several town managers. Dottie Campbell commented she did not understand the boundary of Tequesta in regard to the river. Mayor Genco explained that the Governor of the State of Florida was being petitioned regarding holding down speeding limits in the intracoastal. Police Officer Pike reviewed the Village's jurisdiction, beginning just south of the Jib Club, north on the east side to the last condo, the Village had the entire intracoastal waterway, then only from the center of the channel to the west side to past Coconut Cove; then at Waterway Road from the center to the west side up to the 15000 block of Beach Road, then the entire intracoastal north to the north end of Coral Cove Park, crossing over to the north end of Key West Village. Officer Pike added that the Village also had jurisdiction of a large part of the northwest branch and the north branch of the Loxahatchee River, that he was currently enforcing the State waterways, and that November 15 was the official start of the manatee season. Vice Mayor Capretta commented that boaters traveling long distances would not want to travel at the • Village Council Meeting Minutes November 8, 2001 Page 9 speeds no wake zones would require; and expressed his opinion that other agencies controlled the waterways and residents who were boaters would not want the Village to forbid jet skis or skis. The Vice Mayor indicated that although he was concerned about manatees, he was not sure the Village should become involved; and commented if the Village wanted to get into this area to first see how the no wake zones, areas with clearly marked areas for watersking, jet sking ,and fishing areas worked, because this was a complex issue. The Mayor indicated the resolution under consideration was a cooperative effort because a lot of communities were petitioning the Governor to adopt no wake zones; and the second thing it was meant to do was to ask whether the Village wanted to do anything to protect the manatees. Dana Anderson commented he had grown up on this river for 35 years and agreed with Vice Mayor Capretta, that there were state regulations for manatees, and clarified the area being considered for no wake which was east of the railroad bridge, and stated he believed some residents would not care and those that did would not want any more restrictions. Richard Berube, 4 Country Club Circle, indicated he did not know i why no wake zones were desired, and he was not comfortable with this resolution and felt not enough information was available tonight, so suggested it be dropped. MOTION: Councilmember von Frank made a motion to table Resolution No. 7- 01 /02 indefinitely for further advisement and communication to get input from the public. Vice Mayor Capretta seconded the motion. Peggy Verhoeven commented that she worried about kids watersking on inner tubes. Motion carried by unanimous 5-0 vote. B. Resolution No. 8-01/02 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, supporting the passage of legislation by the legislature of the State of Florida relating to treated wood; prohibiting use of wood products treated with chromated copper arsenate in publicly funded playground equipment, providing definitions, providing applicability, providing for enforcement on state lands by the Department of Environmental Protection, requiring the Department of Education to provide notice to and develop guidelines for School Districts regarding the sealing of wood treated with chromated copper arsenate, prohibiting state agencies from purchasing wood treated with chromated copper arsenate; providing exceptions; providing for grants for conversion of wood treating companies to operations using • preservatives that do not contain arsenic, specifying persons who must provide notice to consumers of wood or wood products containing chromated copper arsenate, providing contents of such notice; providing a penalty for failure to provide notice; providing appropriations; providing an effective date. • Village Council Meeting Minutes November 8, 2001 Page 10 MOTION: Councilmember von Frank made a motion to accept Resolution No. 8-01 /02. Vice Mayor Capretta seconded the motion. During discussion of the motion, Councilmember Dalack verified with the Village Attorney that the proper format of the resolution would be to place Section I after the Whereas paragraphs, and requested that correction. Councilmember von Frank accepted the change as noted by Councilmember Dalack; Vice Mayor Capretta seconded the change. Motion carried by unanimous 5-0 vote. X. ANY OTHER MATTERS Councilmember Walker requested consensus of the Village Council for a presentation to be made at the next regular Council meeting in December by the Florida History Museum, and consensus to consider a financial donation to the museum. Consensus of • Council was in agreement to place these items on the December agenda. Councilmember Walker commented regarding economic initiatives, and explained that in the October 31 datagram from Florida League of Cities there had been a request from the League for input from municipalities as to how the municipalities were implementing the Governor's call to continue to stimulate the economy through local efforts. Councilmember Walker requested the Village Manager be authorized to write a letter to supply information regarding the Village's new public safety building. Village Manager Couzzo noted that other expenditures could be included. Consensus of Council was that the Manager should write the proposed letter and to include all appropriate items. Councilmember Walker commented that in regard to the same topic, economic initiatives, that as a result of various meetings she had attended over the past weekend, she had learned that other municipalities were beginning to study, consider, and review the possible reduction in State funds due to slowdown of the economy, and requested that for the next 3-4 months a report be added to the agenda by Finance Director Forsythe or the Village Manager on the status of revenues that may or may not be coming to the Village so that possible budget adjustments could be anticipated. Finance Director Forsythe commented she and the Village Manager had already discussed this matter and had requested staff not to purchase any capital items until January, to learn what State • revenues were to be received and because tax dollars did not come in until January. Ms. Forsythe advised that the Village was not as dependent upon the State revenue sharing as some of the other municipalities, and commented that another concern was problems relating to anthrax such as the Police Department working overtime which would also • Village Council Meeting Minutes November 8, 2001 Page 11 impact the budget. Ms. Forsythe indicated this was a realistic request and she would be happy to provide a monthly report. Vice Mayor Capretta commented the meetings had become so serious, that he listened to comments about spending money being patriotic, and reported his wife was a real patriot. Vice Mayor Capretta expressed concern that there had been substantial loss of revenue in the Water Department because of the drought, and that affected the price of water per gallon in order to break even, and requested reports on this item also. XI. ADJOURNMENT MOTION: Councilmember Dalack made a motion to adjourn the meeting. Vice Mayor Capretta seconded the motion, which carried by unanimous 5-0 vote. • Respectfully submitted, Mary Wolcott Village Clerk Date Approved •