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HomeMy WebLinkAboutMinutes_Regular_10/11/2001• VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 MINUTES REGULAR VILLAGE COUNCIL MEETING VILLAGE OF TEQESTA OCTOBER 11, 2001, 7:02 p.m. 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. CALL TO ORDER AND ROLL CALL The Village Council of the Village of Tequesta held a Regular Village Council meeting on October 11, 2001. Mayor Genco called the meeting to order at 7:02 p.m., and Village Clerk Wolcott called the roll. MEMBERS PRESENT: Councilmember Russell J. von Frank, Councilmember Sharon D. Walker, Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, and Councilmember Basil E. Dalack. ALSO PRESENT: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Mary Wolcott, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dalack stated at the last meeting we sang "God Bless America," which is an invocation. He asked the audience to sing "America the Beautiful," for the invocation. He led the Pledge of Allegiance. IIL APPROVAL OF AGENDA Councilmember von Frank stated he'd like to correct item VI A. and F. Councilmember Walker stated that on ANY OTHER MATTERS she'd like to discuss Main Street, the Smoke Signals of Fa112001, last month's vote with regard to the Sprint PCS Cell Tower, and she would like to discuss conduct of Council. She asked the Village Clerk Wolcott for the Charter Review Minutes of July 23, 2001, and Village Clerk Wolcott stated they will be on the next month's agenda packet. Mayor Genco added White Cane Day, and an item for Resolution that has to do with wood in playgrounds. MOTION: Councilmember von Frank moved to approve the agenda as amended; seconded by Councilmember Dalack. Motion carried S-0. • Recycled Paper IV. UNFINISHED BUSINESS A. Discuss September 27, 2001 Letter from JMZ Tequesta Properties, Inc. regarding items they are willing to accomplish-Village Manager Couzzo Mayor Genco mentioned this is regarding a letter dated September 27, 2001 from JMZ properties negotiating to perform certain items with regard to the properties at the plaza. We have that before us to determine if anyone in the Council would like to discuss it. Attornev Holton stated he had explained to the Council what the existing agreements provide for. I am happy to go into any detail you need. Back in January of this year, we notified JMZ we wanted to swap the SW Parcel for the NW Parcel. This was a provision in the agreements that Tequesta had the right to take advantage. We advised Mr. Zuccarelli that we are ready, willing and able to close on that swap. In return, he advised the Council he is ready to buy back the SW parcel from the Village. The agreements provided if the Village does not begin construction of a new Village Hall on the SW parcel of March 2001, then he had an obligation to buy the parcel back. We say we want to swap, and he says he wants to buy back the parcel. This letter was result of JMZ Properties discussions with Mr. Couzzo and myself. The first paragraph of the letter states that the swap would be • completed immediately. JMZ estimates Tequesta owes him about $70,804, a number our office calculated some time ago. Paragraph two- JMZ says after the swap, JMZ has the right to repurchase the NW Parcel if the Village failed to obtain a building permit for Village Hall by December 31, 2002, and stipulates a purchase price 88 percent of Tequesta's cost to acquire that NW parcel. If the Village fails to obtain a building permit, it stipulates a purchase price, which is 88 percent of Tequesta's cost to acquire that NW parcel. Paragraph two goes onto say the Village will have to have a design consultant or contract by January 15, 2002. Paragraph three says the building will pay all the closing costs other than JMZ counsel's expenses. Councilmember Dalack asked if that is a part of the February 1999 agreement, providing for costs? Attornev Holton stated it does, but there was allocation between two parties. Paragraph four-JMZ would then sell the village an option to lease a portion of the SW parcel for a total of $75,000. The option was being sold for $75,000 is an option to lease. The concept was that for 20 years the Village was to lease this property. A park would be developed on the parcel. JMZ would construct that park for the Village, and that would be • 2 added to the value of the parcel. At the end of 20 years, the lease would be up. The Village would have no purchase option at that time. Mayor Genco asked that in paragraph two, which was the culmination of the original swap for the NW parcel, and this paragraph four, are they severable? Attorney Holton responded we must do both the way it reads. Mayor Genco stated in order to swap the parcels we have to pay roughly $145,000. She asked would it be fair to say the cost of the Village leasing that land would be about a million eight. Attorney Holton responded that is true. Attorney Holton went on to item five saying the Village would agree to pay the real estate taxes on the parcel that we had the option on through June 30, 2001, the date by which the lease option would have to be executed. Mayor Genco asked in your legal opinion, is Mr. Zuccarelli under breach of contract for failing to execute the option of which we notified him? Attorney Holton responded yes. Vice Mayor Capretta stated I assume he is going to sue us, what do you think for? Attorney Holton responded one claim he might want to bring is specific performance to compel us to buy back from him the SW parcel. • Vice Mayor Capretta said if you assume our primary interest is to get the lot we want, what are the chances of us getting it? How sound is our legal case? Attorney Holton said we should not discuss it here and now. Mayor Genco said we have to see how we want to proceed. Right now we have an agreement. I feel we have dealt honestly and fairly in fulfillment. I know it is difficult to get rid of the issues on potential litigation if we can. We have acounter-proposal before us to determine, that is what I would like to discuss with Council. After Council has discussed this, the public is free to discuss it. Councilmember Dalack mentioned in last Sunday's Courier, there was a description of the September 271h letter. I think the general thrust of the article put forward the notion that there would be more money involved than there was originally involved. I did get calls with those not really thrilled. I did get three calls saying they were not in favor of spending any more money, and we should stick to the original agreement. I don't think we should spend a penny more, and to spend more than the $70,000 more would be improper. The other conditions too. The additional conditions that JMZ Tequesta Properties are trying to put into it are improper. • Vice Mayor Capretta stated he has a much longer view of this problem, he has been working on it for five to ten years trying to get a downtown. If you look at the money we spent. Where does JMZ get this idea that we want to lease or buy this second lot? Therefore, he has had people talk to him, but he somehow came away with the impression. When we hired Song, the Architect, he became aware we wanted both lots, he raised the price tremendously. At one time, we had more people than we had in this room in a series of workshops. The vote was 5 percent for the northwest lot. We did get voter input. We knew that. We immediately wanted to make the swap, and I still want to make the swap. Therefore, my position is I would like to see us make the swap. I would prefer to sell the other back. If you look at JMZ's hang-ups, we would get that lot. He wants some speculation. If the referendum comes out, and if the referendum comes out at some time, we would build a Village Hall. The other big hang up he has if the referendum loses, he wants us to sell it back to him because he has the fear of us building McDonalds. If the referendum doesn't bring Town Hall to this lot, I want to make the swap, legally force him to make it. I want to assure him we will build it in a reasonable amount of time, and if we don't want it, he has the option to buy it back. I think we should pressure him and give him some very short time period that we want a response to it. I prefer to get him to make a position by Monday. That is basically my position. This Village has wanted to do something. We have wanted to get rid of that shopping center. Before the referendum, that will be an empty lot. I think we should assure him of those two qualms he has. I am granting him what I think is logical. Councilmember von Frank stated there is an old Quaker saying, "I will not cheat thee, however, I will do my utmost to out wit you." I can't stomach this letter. If we go through this swap if Council agrees, what do we do about the demolition of the building. Attornev Holton responded we sent agreements to Mr. Zuccarelli a while back, and he agreed at that time the building will come down as scheduled. Councilmember von Frank stated I am not for it, I am not tying the Village in for 20 years and not owning it afterwards. Councilmember Walker wanted to start with the October 9 letter, and wants to know what Mr. Humpage had to do with this. Attornev Holton stated he has not seen the letter from October 9. Councilmember Walker stated she would direct her question to Mr. Couzzo. Village Manager Couzzo stated there had been numerous conversations with Mr. Zuccarelli, some as late as 5:00 p.m. in the afternoon. Mr. Humpage was at a meeting with Mr. Zuccarelli. We were discussing a variety of things as we do with a number of other people, and Mr. Humpage was at that meeting. • 4 Councilmember Walker asked Mr. Holton with regard to the September • 2T~ letter, did you write this letter? Attornev Holton explained Mr. Couzzo had been talking to JMZ about getting a proposal to be brought to Council. I guess John finally decided he wanted a proposal, and he got his Attorney Jim Blackburn involved. He wanted to get the proposal to the Village Council. Mr. Couzzo went over the general terms of the offer. Jim told me what he wanted, so I typed the letter for him. This isn't my offer, this isn't Mr. Couzzo's offer, it's John's offer. I typed it, put it on disk, and he took it and put it on letterhead. Councilmember Walker said she saw in the Courier that this is being called a straw ballot as opposed to a referendum, can you educate me on the differences? Attornev Randolph that came up in our last Council Meeting, it is a referendum in respect you are going to have a vote of the public in regard to it. But I indicated to you that the vote was being presented as a referendum, it is nothing more than a straw ballot. In otherwise, you are getting a position. We wanted to quickly get this issue before the public, and that is the way to do it. Councilmember Walker asked if the Council is bound by the results straw ballot? Attornev Randolph answered no. Mayor Genco said we have before us an agreement to swap parcels one and two. We have also before us a buyback associated with the JMZ proposal of 88 percent of what we paid for the property. There is an agreement that we would pay on real estate taxes-I think that summarizes the agreement before us. Councilmember Dalack asked if we have to accept everything in the letter. Attornev Holton as I read the letter it is. Councilmember Dalack stated it is not severable. I am not in disagreement with Mr. Capretta on the first paragraph, I think that is the consensus of the whole Council. I don't think there is any controversy about paragraph one. The real issue is whether we want to pay more than the original agreement, pay $75,000 as an option. The real issue is not if we want the swap. That is why I expounded the views I did. Mayor Genco stated I am trying to find out if we are all opposed to the agreement as it is. And then if we want to reject the agreement and go to a counter-proposal. MOTION: Councilmember Dalack motioned to reject offer of September 27`", Councilmember von Frank seconded. Roll call vote: Councilmember Dalack aye • 5 Councilmember von Frank aye Councilmember Walker aye • Vice Mayor Capretta aye Mayor Genco aye Motion carried S-0. Mayor Genco stated the only parcel we own is the SW parcel. At this point in time since we have rejected this agreement, we will now be promoting acounter-proposal. Vice Mayor Capretta stated the referendum either says yes downtown, or no downtown. If it fails in one year, then we will bring it back next year. I think we should reject his letter, as we just did, and do a counter- proposal, that we do want to make a swap, and we want a decision by a date we can specify. He has a right to force us to sell him the SW parcel. Mayor Genco stated if it turned out we were unable to execute the swap, I understand there is potential litigation. We notified him of our desire to execute that option. He accepted the fact the he knows we own the SW parcel. We have to make a few assumptions, and that is the assumption at this time. I personally met with him and asked him to please swap the parcels as in our agreement. Now we need to take the next step, and unfortunately we need to do it blindly. I understand as an attorney you are obligated to tell us the caveats. I think my counteroffer reinforces our legal right. Vice Mayor Capretta stated he has serious qualms about the buyback. If I wanted to put more into it I would reassure his concerns. There are a couple that are legitimate-if we don't build a city hall there he doesn't want us to have control, he wants us to complete Main Street. Attornev Randolph stated we reiterated even after we made that decision. He gave you a list of things that he wanted. At that time, he asked that we reiterate our position to swap, and in the event we did not swap he would go to a specific performance option. It was subsequent to that that Mr. Couzzo attempted to work something out with him. If we didn't have anything worked out before the referendum, we would not have certainty in regard to either of these parcels. Please understand that absent closing on the NW parcel, you are unsure of your position in regard to either of these lots. Mayor Genco we do have legal ownership of the SW parcel. We have to have blinders on in dealing with these issues. 6 Attorney Randolph stated as I understand it, he has flatly turned down any offer along with just adding the provision of building town hall within a certain time, he has always wanted something more. Mayor Genco stated we wanted acounter-proposal to him with the exercise price per original agreement and proposing a time period he would have to accept this, and something about the assurances of development. Let's first explore the time frame he would have to explore the counterproposal. Consensus of the Council was Monday, October 13`h as the deadline, for JMZ to approve the counter proposal. Mayor Genco asked do we want to have assurances of development? Do we want an option for him to buy back the property from us? Councilmember von Frank stated I'm in favor of what the original contract said. Mayor Genco stated we don't have anything relative to the NW parcel. We could have conceivably built a McDonalds. Mayor Genco stated if Tequesta fails to obtain by Sept 3, 2002, that means JMZ will have an obligation to buy it back. By initiating this sentence, we will be looking at JMZ buying the property. Councilmember Dalack stated sentence one of paragraph two is okay. Mayor Genco stated the second part will be determining what the repurchase price will be-his offer would be to discount the amt of money we'll be paying him, which will be roughly $547,000. Councilmember Dalack stated no less than that. Councilmember Walker asked who pays the real estate taxes on the property in the interim. Village Manager Couzzo stated it would be titled in the name of the Village and there would be no taxes. Councilmember Dalack remarked I don't think we need anymore of paragraph two. Councilmember Walker stated I disagree. I request that the last sentence stay in. I don't think at that point we should drag our feet any further. We need to get on with the matter. L' 7 Village Manager Couzzo stated we already have a design consultant under contract. Attornev Holton stated there are one or two more provisions we should consider: how closing costs are allocated, and how long after December 1, 2002 JMZ has to buy back the property. Mayor Genco I think we would want to have him exercise his obligation by, say January 15, 2003. Attornev Holton usually it is 60-90 days. Mayor Genco said the first Monday of April. Councilmember Dalack stated if the vote on December 4th is on the 357 site, we don't want the NW parcel. So why would we want to wait a year and a half before the obligation? Mayor Genco stated we have a deadline for his obligation to repurchase it the first Monday in April. We have sentence one in paragraph two, and the last sentence of paragraph two, allocation of closing costs, and he has a deadline of the close of business. MOTION: Vice Mayor Capretta moved to direct Mr. Holton to make a counteroffer in accordance with the terms the Mayor just reviewed. Seconded by Councilmember von Frank. • Jim Humpage said he worries about the language of "obtaining a building permit," and will the Village have enough time. Village Manager Couzzo stated he believed there would be enough time to secure a permit between 6-12 months. Richard Berube in regards to what Mr. Humpage said, with a short decision date, can it endanger our legal decision? If that date is for the referendum, the language is so vague, we don't need an answer before? Vice Mayor Capretta reiterated with Mr. Holton, whether you verbally discuss it with his lawyer or it is in a letter, he must understand the urgency of his response has to do with being able to change the ballot language by Tuesday. Attornev Randolph stated we had a contract that said we were supposed to swap, but it didn't close. I would suggest that you do not go out and put a sign up right away. Mayor Genco asked do we want to maybe amend the motion that the state a date of closing on the swap be by a certain date? Attornev Holton stated it says immediately in the paragraph. • Vice Mayor Capretta remarked I think the intent of our Council is very clear tonight. I think the language should be written so that he accepts the agreement and not find technicalities. Attornev Randolph stated I think we need to make a decision as soon as possible. I think Monday is due time. What your position is now with regard to specific performance if you want to go forward. He may or may no accept the counteroffer you have now. If he does accept and then fails to close on it, you have amended your initial contract which did not have conditions to include conditions. At that point you will be filing suit on a specific performance with these new conditions. Mayor Genco stated I don't want to give up any of our rights, so is there any way to make this offer subject to, so we don't give up our rights. Attornev Randolph stated you could put a provision in there if he fails to close between such time the agreement dated as such will prevail. Mayor Genco stated she would like to have a deadline on this closing. What to you think is reasonable to put in? Attornev Holton responded two weeks from when he accepts. Mayor Genco stated we'll have to have an amendment to the motion of two weeks, and amendment that we will be subject to the original agreement. Councilmember Walker stated it muddies the water adding additional language, it is way too complicated. Mayor Genco stated we don't want to be subject to potential litigation. I think we should let our attorneys put in the proper language of the offer we are making. I am taking our legal counsel's advice, and I understand you have a different prospective. MOTION: Vice Mayor Capretta motioned to amend his motion with two changes; seconded by Councilmember von Frank. Councilmember Walker stated she would like to request all Council receive final copies of the proposal to Mr. Zuccarelli. Attornev Holton stated the letter is essentially going to track JMZ's letter to the Council-paragraph one in saying the swap will occur within two weeks of acceptance of your proposal, then paragraph two is going to be, instead of having a purchase price, it is going to continue on and have all of the balance. Paragraph three set forth existing agreements between JMZ and Tequesta. If JMZ does have to purchase the property from us, it C~ 9 n will occur in April 2003. At time of acceptance at five o'clock, it must be in writing. Copies will be going to all members of Council. Roll call vote: Vice Mayor Capretta aye Councilmember con Frank aye Councilmember Walker aye Councilmember Dalack aye Mayor Genco aye Motion carried 5-0. Mayor Genco stated if the matter isn't ended on Monday, then the Council will proceed with ownership of the property we own. My opinion is we will get a legal opinion, find out where we stand. Vice Mayor Capretta remarked the question is can we have a closed door session to talk about. Attornev Randolah stated if we were asked to give an opinion, we feel Tequesta has a very good case in the performance opinion. I am not asking for us to go forward with the ability to have suit. You will not be meeting again until November. • Consensus of the Council directed the Attorney to do nothing until directed so by Council. Attornev Holton stated if Mr. Zuccarelli accepts this proposal, we have to reiterate that the building will have to come down, and he is not to hinder that. B. Consider items you would like have included in the Village Manager's Report-Village Manager Couzzo Village Manager Couzzo stated previously we had established 12 items that were to become the bulk of the village manager's reports, those will be the focus of our reports. Councilmember Walker stated again I ask the monthly Manager's Report have staff meetings with summaries of staff reports. I find it helpful that he put in a meeting with Ms. Song, now that I know that, I can ask for a summary of her impressions. I am trying to be specific so that we can all be very will informed. I found a note in September 14th that each department head is to submit a report. I had no clue this was going on, I am assuming no one was informed this was going on. By reading • 10 these entries, I can ask Mr. Couzzo for a summary of this meeting, what was the outcome. I think it is great he is spending so much time on priority number 1 1. Mayor Genco stated I understand you would like more information, and everything he is doing, at the same I look at it as a matter of choice. Doing a summary report takes a great deal of time, pulling him from his job. As a group, those are the 12 things we are interested in seeing. I would like to see him focusing on the 12 priorities. If we have interest in other things, we should go with him, meet with him, read the minutes-it is a matter of trust. Councilmember Walker remarked perhaps Council is not equally informed. The only additional thing I am asking for is a summary of staff meetings-I am requesting summaries be included. Councilmember von Frank stated basically this is supposed to be a strong managerial type of government and we are here to establish policy. Basically I think these extraneous items don't help in my policy decision. Vice Mayor Capretta stated I just realized our next Council meeting is November 8, and the referendum is the 4~'. A communication meeting and presentation is needed. I don't believe we can wait to November 8th, so we have to give Mr. Couzzo direction to prepare the meetings. I have to have the 10 ft. sign placed. V. PRESENTATIONS A. Presentation of awards to former members of the Charter Review Board- Mayor Genco Mayor Genco presented the former members of the Charter Review Board with awards. She stated the people that participated in this have done one of the most incredible jobs she has ever seen. The Village Charter will take Tequesta well into the next century. Boardmember Resnik commented it is our pleasure to support the Council. Mr. Humpage and Mr. Berube were present to receive awards. Mrs. Laamenan and Mr. Cook were unable to attend. MOTION: Vice Mayor Capretta moved to relieve the Charter Review Board of their duties; seconded by Councilmember von Frank. Motion carried S-0. B. Proclamation declaring November 2001 as National Epilepsy Awareness Month in the Village of T equesta-Village Clerk Wolcott • 11 Village Clerk Wolcott read the Proclamation in its entirety. MOTION: Vice Mayor Capretta moved to approve the Proclamation declaring November 2001 as National Epilepsy Awareness Month; seconded by Councilmember von Frank. Motion carried 5-0. C. Proclamation supporting military, diplomatic and humanitarian initiatives set forth by the President of the United States-Village Clerk Wolcott Village Clerk Wolcott explained that the Chamber of Commerce was supporting this proclamation and wanted the cooperation of the municipalities in the area. MOTION: Vice Mayor Capretta moved to approve the Proclamation; seconded by Councilmember von Frank. Motion carried 5-0. VI. CONSENT AGENDA A. B. C. D. E. F. G. H. I. J. K. • Village Council Special Meeting Minutes of September 4, 2001. Village Council Regular Meeting Minutes of September 13, 2001. Budget and Millage Hearing Minutes of September 13, 2001. Village Council Special Meeting Minutes of September 27, 2001. Budget and Millage Hearing Minutes of September 27, 2001. Village Council Workshop Meeting Minutes of August 18, 2001. Village Manager's Report. Contract award to Rood Landscape Co., Inc. for Area "A". Contract award to Terracon Services, Inc. Area "B". Consideration of appointment of Mark Mintus to the Public Safety Officers' Pension Trust Board of Trustees. Consideration of appointments of Jeff Newell and Mike Estok to the General Employees' Pension Trust Board of Trustees. Mayor Genco stated items A, C and F were struck from the CONSENT AGENDA. Councilmember von Frank stated for A, on page five, item VI B Mr. Dalack seconded the motion. Mayor Genco stated for item C, VI C on page two, sentence four, it should say Citizens for Responsible Government, the sayings which follows name should be deleted. Under VI E page two, third paragraph from the bottom, one of the bottom worksheets included in the back of the page, page three comment seven, Genco asked Walker not to make unrelated comments. Page 16, second paragraph from bottom, "programming and building would take an estimated three months." Page 12 20, first paragraph, fourth sentence from bottom, between October 1 and after, page 25, line that begins with proposed Hurricane was Personnel . 19600. MOTION: Councilmember von Frank moved to approve September 4`h Minutes as amended, and September 13, 2001Budget and Millage Hearing Minutes as amended; seconded by Vice Mayor Capretta. Motion carried 4-0 (Councilmember Walker walked away from the dais momentarily). MOTION: Councilmember von Frank moved to approve September 27, 2001 Budget andMillage Hearing Minutes; seconded by Vice Mayor Capretta. Motion carried S-0. Councilmember von Frank stated on the August 18a' Workshop on page 16, there was an error in the calculation, there was supposed to be 45,000 for recreation programming . MOTION: Councilmember von Frank moved to approve the August 18Th Workshop MeetingMirrutes as amended, seconded by Vice Mayor Capretta. Motion carried 5-0. MOTION: Councilmember von Frank moved to accept the CONSENT AGENDA, Vice Mayor Capretta seconded. Motion carried S-0. VII. COMMUNICATIONS FROM CITIZENS Wade Griest of Dover Road stated he wanted to ditto everything said about the charter committee. These were the best committee meetings he has ever attended. He thinks other members are divided between the paid and unpaid, the paid also did an outstanding job. Councilmembers who appointed each member should be commended. VIII. NEW BUSINESS A. Resolution No. 3-01102-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a bid to David Brooks' Enterprises, of Palm Beach Gardens, Florida, in the amount of $3,601,166.00, for the construction of a public safety facility at 357 Tequesta Drive for the Police and Fire Rescue Departments, having a FY 2001/2002 capital fund allocation of $3,907,870.00 and authorizing the Village Manager to execute the applicable documents on behalf of the Village-Fire Chief Weinand Attorney Randolph read Resolution No. 3-01/02 by caption only. • 13 Fire Chief Weinand stated Chief Allison and myself are excited to bring this award to you, it is about time. We have worked closely with Gee and . Jensen, and I think you will see a product you can be proud of. On September 27t1i we had a bid opening. The bids were opened ranging from about a 11.5 percent spread between then. We feel the best fit for the project is David Brooks Enterprises. The project manager is present tonight. Their bid alternates to replace the chain link fence is the 1800 add on. We are recommending elimination of the training tower. If you have any questions we will be happy to answer them. Councilmember von Frank asked on that fence, what about behind the building itself, what will go there? Chief Weinand responded a solid six foot masonry wall. Councilmember Walker stated I understand the fence is a permanent feature, the chain link fence with the privacy slats. Chief Weinand remarked it needs to be replaced with a six foot fence with slats. Other portions of the property will be a six foot masonry fence. Councilmember Walker stated with regards to the training tower, do you have potential sites in mind this would be favorable. Chief Weinand stated it would be by a couple of areas by where the Sprint tower is going. Councilmember Walker stated we find attached a bid tabulation sheet, . and, I do not have the letter from Gee and Jensen it refers to in the packet. Along the same line, the attached Resolution states that letter has recommended the Village of Tequesta execute the Al A Contract. I am going to go on trust that the language is in the letter. I specif cally would ask for a copy of the letter. Village Manager Couzzo stated the contract and the Resolution does not specify change orders-they are administrative-I just want to clarify if your intent is to still keep the limit up to $50,000. Mayor Genco stated that sounds high. Councilmember Walker stated it was way too high. Vice Mayor Capretta stated in a three million dollar project, it is not that high, the minimum has to be at least $25,000, and then back to us for us. Consensus was for $25, 000. Councilmember von Frank stated there is a penalty clause in the contract if it is not done within a certain time. If you complete it ahead of time, let's give them incentive. 14 Attorney Randolah stated this contract can't be changed at this time, not . the specifications. MOTION: Vice Mayor Capretta moved to approve Resolution No. 3-01/02, seconded by Councilmember Walker. Richard Berube stated we have been at odds for many years, it is wonderful to believe in a minute, we are going to vote on this building. We are in complete agreement this is what we want. Roll call vote: Vice Mayor Capretta aye Councilmember Walker aye Councilmember von Frank aye Councilmember Dalack aye MayOY GenCO aye Motion carries S-0. Village Manaser Couzzo stated the men and women of police and fire have been intimately involved that should be acknowledged, a number of people that should be thanked for their contributions. • Mayor Genco thanked Mr. Hansen, Mrs. Schauer and Mrs. Manganiello, who were sitting in the audience. B. Consideration of request for resolution recommending continued water conservation-Councilmember Walker Councilmember Walker explained on September 25th, the South Florida Water Management District issued an order easing water restrictions on alternative water sources. They cautioned that the future results of a two year drought are unknown. If we have another dry winter, the Water Management District doesn't know where that will leave us in another six months. There was an article in the Palm Beach Post reiterating that point. I am requesting that while Tequesta is predominately a peninsula, we have bee proactive in the development of a reverse osmosis plant. I am considering preparation of a resolution to request to continue on the Phase II restrictions as much as they can. Councilmember von Frank stated rather than going through a Resolution, why don't we just enclose that in our water bill? Councilmember Walker stated if the consensus of the Council wants it in • 15 the water bill, hopefully during the winter months. I Request their be an article in the smoke signals December and January issues, and possibly the • manager would contact both newspapers. Vice Mayor Capretta stated keep in mind that the Village of Tequesta has always encouraged conservation by our conservation pricing structure. We ought to eliminate enforcement. Richard Berube stated there is a device that costs $35.00, we could enforce it in our code, which if it pours it keeps the sprinklers from going on. It is a small device that should be considered, it is an inexpensive device that can save lots of water. Mayor Genco stated we can do a bulk purchase and offer them cheaper to people. She asked Mr. Couzzo to look at the costs. Councilmember Walker requested purchasing in bulk the cork that goes inside this device. MOTION: Councilmember Walker moved to encourage residents to continue water conservation; seconded by Vice Mayor Capretta. Motion carried 5-0. C. Consideration of endorsement of the Loxahatchee River Preservation Initiative-Councilmember Walker • Councilmember Walker stated this year the group of municipalities is asking this measure be independent of any other funding measure. Asking for Council consensus to show up. In particular funding request, number 5 regarding Jonathan Dickinson. If it is implemented, water quality improvements would be of particular to you, if actually implemented, the girls scout camp and boy scout camp would be hooked up to an Encon sewer system. Jonathan Dickinson State Park staff feels as if this action is taken, the water quality would be improved. All of the work being done on the peninsula, we may want to consider endorsing that type of fund. Mayor Genco stated there was a Resolution of the Town of Jupiter, would you like the town to model that? Councilmember Walker that would be great. MOTION: Councilmember Walker moved that staff model the Resolution and letter of support for the next meeting supporting the Loxahatchee River Initiative; seconded by Vice Mayor Capretta. Motion carried S-0. D. Consideration of creation of a Parks and Recreation Advisory Committee-Mayor Genco 16 Mayor Genco stated that in the current budget we are hiring a recreation • director. Having creating some programs, $130,000 from Sprint tower, would give us some funding. She wanted the Committee to give information on what the people would like to do, bring things back to the Council with a somewhat evolved budget so we can decide to approve or not approve. I would like us to form a committee of seven. They submit applications, the applications come to the Council, and the Council selects. The focus would be to look at related recreational facilities having to do with the recreation manager. That is my concept and I am looking for council support. Vice Mayor Capretta stated he could get some applicants-he'll go to the park and ask some of the users. He would suggest Tequesta use some approach like that to get applicants. We want to get the right people on this thing. Once we start it and get a recreation director, these are the people we want to come up with. Councilmember Walker stated I have repeatedly asked for workshops with Council to determine what our recreation department should be. I feel establishing a Committee like this would usurp the point of a workshop and take Council out of the loop. We have a beginning of a citizen's election. Going back to the February survey, they do not support a skateboard park. We need to find out what they want. • Mayor Genco stated I don't think the Council should-we don't have to adopt the recommendations they bring. They can canvass their own groups, peers. The Charter Review Committee did exceptionally well. They would have noticed workshops and citizen participation and bring back things to the Council. I think some of our citizens would be a lot more qualified to come back with ideas than I would just thinking about them. Hopefully our new director will be able to steer them into the right direction. The bottom line is they will propose three or four or a half dozen things_ Councilmember Walker stated I don't think Council should pick and choose. Until Council holds workshops to determine the views of people, I don't think it is appropriate to ask a group of citizens to do that kind of work. Colonel Ed Resnik stated I don't disagree workshops can produce good results. This Council needs input from the population. That is not to sit here in a workshop and have ten people come in, you need people to go out and get the information, then you have the workshop and invite the general population. 17 Councilmember Dalack stated what the Colonel says it makes a lot of sense. Step one is seeing who is interested and what the assessment of the needs of the community is, then come to the Council-let's not get involved in details of what the Committee is going to do. The general proposition I think is beneficial. MOTION: Councilmember von Frank made a motion for a Resolution to establish such a Committee. Seconded by Councilmember Dalack. Motion carried S-0. E. Consideration of staff recommendation for the calculation of the automatic annual price index rate to adjust the water utility rates for the F/Y/E 9/30/02 Finance Director Joann Forsythe Finance Director Forsvthe stated we have an automatic annual price to adjust utilities each year. I went back to the ordinance for guidance, it was unclear what fiscal year I should use for the calculations The Ordinance only made mention of a fiscal year, but not what. Mr. Randolph agreed, it did not make mention, so we went to Robert Orry, a management consultant, who wrote a letter. My question was should we use the last audited statements or the most recent statements. He felt the latter would be better. Whatever we miss one year, our adjustments will be picked up the following year. Would you prefer the last fiscal year audited? We will only be off a year. • Vice Mayor Capretta stated I find it difficult to tell the difference between a greedy person and a conservationist. I want to recover the costs from decline in use, there is an issue, when breaking even or making a profit. Finance Director Forsvthe stated that would be the most current numbers. Mr. Orry said the CPI index used should be closest to the months we are using, however, we have to go back four weeks, so his recommendation is to change the CPI index to August, and that we also put into that Ordinance which fiscal year we will be using. Mayor Genco asked if we could just adopt her recommendation, or will we have to come back? MOTION: Vice Mayor Capretta moved to approve staff recommendation as presented using the most recent data; Councilmember Dalack seconded. Motion carried 5-0. F. Consideration of staff recommendation for selection of financial auditing firm for F/Y/E 9/30/2001, 2002, and 2003 Finance Director Joann Forsythe 18 • Finance Director Forsvthe stated staff went out for RFP for auditing firms. Three came back in time. All three were excellent. Myself, Dan Gallagher, and Steve Allison reviewed the three different firms. Rachlin, Cohen and Holtz stood out for several reasons. They have 77 people on staff only working in municipal government. They would be available to us. And they have the most experience available. They have an IT department that can come in and review our computer systems and help us get control. Bond financing strength and utilities system strength. When we sat down with all of them, staff was unanimous that Rachlin, Cohen and Holtz were the top pick. They were supposed to come here tonight- Colin Bensiger is here as representative. Colin Bensiger stated we do want to be your auditors. We are the sixth largest firm in Florida, and the largest independent auditor. We have a considerable amount of experience. We have offices in Stuart, West Palm, Ft. Lauderdale, and Miami. We are hopefully pleased to be your auditors. Travel time and services are all included. The contract is for three years, with two optional years. Vice Mayor Capretta stated the auditing firm always went along and said things were pretty good, when they got bad they bailed us out of it for a small fortune. Make sure the Town Manager is clearly informed of all that is going on. Don't let us get sick and offer us a cure. Council has been • unhappy with a lot of financial problems. The intent of the Council is we want a firm that keeps the Town Manager informed. Mayor Genco stated if you have any comments or observations, can you copy Council. Councilmember Walker asked Mr. Randolph, has Nowlen, Holt and Miner been given their note of termination. Attornev Randolph stated he believed so. Councilmember Walker asked will Council have opportunity to observe the contract. Finance Director Forsvthe stated we had the contract, Mr. Randolph reviewed it, and we wanted to make one change to it, and it had to do with the fees that had stated they would be approximately a certain amount, and we wanted a fixed fee rate. That was the only change that was made. Attornev Randolph stated I had some suggestions to change, I don't have my letter with the changes to concur. I haven't seen that amended contract. • 19 Colin Bensiger stated the contract states clearly that our fees will not exceed the amount, I'm sure we have received it. • Finance Director Forsvthe stated we were attempting to have the auditors in by November. Councilmember Walker stated you mentioned bond financing was very important to you and your staff. Finance Director Forsvthe stated they have the ability to service us if we go out for bonds. There have been some changes, there will be additional changes we need, and we were looking for a firm that was very strong. We need a firm strictly for governmental accounting. Although I go back-they are truly specialists. Councilmember Walker asked why they were distributed as opposed to advertised. Village Clerk Wolcott stated they were advertised, I can provide you with the information later, but in the Palm Beach Post. Councilmember Walker stated I also understand your firm worked with Mr. Couzzo back in Miami Shores. The auditor general came out with some rules we are supposed to file-establish an audit committee of Council that seems to be side-stepped. Colin Bensiger stated cities often set up separate auditing committees. Finance Director Forsvthe stated based on staff interviewing the firm, we are making our recommendation to you. Mayor Genco stated so we can say the Village Council is authorizing the Finance Department to form an ad hoc committee for them to come back with their recommendation. Attorney Randolph stated I have to read the auditor general's rules. Councilmember Walker stated the previous auditors brought this possibility to Mr. Couzzo's attention. Village Manager Couzzo stated the auditors did not bring it to my attention. When I got to Miami Shores, they were there, they still are. MOTION: Councilmember von Frank moved to approve the recommendation to accept Rachlin, Cohen, and Holtz as auditors, and approve contract subject to the Attorney's review, and further determination that appropriate rules of the Auditor General have been, followed. Seconded by Councilmember Dalack. Motion carried 4-1 with Councilmember Walker dissenting. IX. ANY OTHER MATTERS • 20 Councilmember Walker stated you mentioned to date the Village has spent approximately $144,817 on capital improvements on Main Street, and can you tell • me over how long of time-I don't expect answers tonight. Since the road has been installed, inspected an improved, why is it not open to pedestrian and vehicle traffic? Councilmember von Frank stated it was open now. Councilmember Walker stated a ribbon cutting was mentioned after the landscaping is done, have you any potential time frame? Village Manager Couzzo stated it will be in 2002. Councilmember Walker asked if at the next Council meeting we will be brought up to date on the status of demolishing the Tequesta Plaza site. Village Manager Couzzo stated there are two tentative dates: November 5 or 13, 2001, contingent upon the remaining tenant is out, and the fire department can get in and do some training. Councilmember Walker stated in the Smoke Signals Fall 2001 issue there us an article on back regarding Phase I improvements, the Village will be replacing all signage, it struck me the Village is replacing for replacing and correcting signage, why? Village Manager Couzzo stated when I reviewed the project, Mr. Preston stated it was not a part of their contract, to install signage. Vice Mayor Capretta stated on Main Street, there was a squabble about the construction of that street being open for a long long time. Village Manager • Couzzo stated it has been resolved. Vice Mayor Capretta stated they need street sweeper to sweep the streets-I know a couple of people who got nails in their tire. Village Manager Couzzo stated there is still construction going on. Vice Mayor Capretta stated he doesn't thing Main Street is ready for the public on a big scale. Village Manager Couzzo stated you will have to allow construction traffic in there all of the time, and the florist will be going in at the end of the month. Councilmember Walker stated regarding the Sprint PCS tower, in last Friday's packet, I received three pieces of correspondence from a company called Atlantic Coast tower of Florida talking about Jupiter installing a monopole cell tower at the Rinker property in Jupiter. They asked Mr. Couzzo if he needed emergency services lease space. Why didn't I receive any of this information before we voted a 130 ft. pole? Why did you give me a copy of this correspondence after I voted? I am very upset we did not in the least try to coordinate the installation of two cell towers about a half a mile of each other. I would have voted differently, I would have requested you as manager to coordinate its efforts. I am going to ask for a reconsideration of Council's vote on the tower, that is my motion, I ask for a second. So the motion fails for lack of a second. • 21 Mayor Genco stated I would ask that our Village Manager write a letter to Jupiter requiring some esthetic consideration, and doing a very strong letter on behalf of • Council to Jupiter on reason of esthetics. Councilmember Walker remarked to Mr. Couzzo to copy all copies of her response. She stated she read an article in the Courier, democracy does not work in Tequesta. In Jupiter, there are no raised tempers. That is the way democratic government should work. It is sad it has not worked that way in Tequesta. Councilmember Dalack asked why haven't you been doing it Mrs. Walker? Councilmember Walker stated that eye rolling, smirking are not appropriate. There is a level of respect for everybody. I ask I be given that level of respect as long as I am a member of this Council. Mayor Genco stated when I first was on the Council, I listened to numerous people, and I feel there is actually lack of respect from your viewpoint as far as cooperation goes, if not only issues of staff and trust and trying to work together as a team. You made a public records request regarding myself and Mr. Dalack regarding a trip we were supposed to take, these are not the things you should be doing. Treating each other as professionals is what we need to do and that is what I am asking you to do. Let's get rid of these issues that somebody has something you don't have. Councilmember Walker stated I don't get the correspondence the same time you • do. Mr. Humpage made a request for further financial information regarding the Councilmembers. Mayor Genco stated he wanted to make sure that the amount was enough for each of us. Councilmember Walker stated regarding flying to Washington DC, I just wanted to see if we had enough money. I request you stop rolling your eyes every time I speak. Colonel Ed Resnik said I come to these Council Meetings to be enlightened-I don't come to see bickering. Sharon, all of a sudden you become the Inspector General of the Council here, what in the world are you trying to do? There are some things that are important to this Village you should be concentrating on. The picayune things you are talking about. Do you have a vendetta against the Village Manager, the Mayor? You could be so constructive on this job if you focus on the things you should as a Councilmember. I really wish you all could get along. We got along on the Charter Review Committee. I don't know why you can't focus on what you need to instead of where are you going to get money to fly to DC, about not getting a letter. I still respect you, I know you can do a lot of good for this Village, but you are not doing it right now. Pat Watkins, 167 River Drive, said she was up here several months ago with the same speech about conduct. I got to tell you I don't see any improvement. I do not have a personal attachment with Mrs. Walker. I don't understand when the whole country should unite, I have to watch that. Sitting over there, it is appalling C 22 to hear the guffawing the comments, the criticism. The issue is not the politics. Under the Sunshine, this is the only opportunity she has to share her views. When • the woman opens her mouth, she is jumped on. Right or wrong she has a right to give her views. Conduct your meetings with respect for all of us and each other. Harold Taylor stated Mrs. Walker brings up some interesting points, last September, when she and another Councilmember sat up her looked up at me and Jim Humpage and called us liars. I can also remember sitting in the other building the first time Mr. Couzzo came up with his wife and daughter, and you and Mrs. Schauer ripped him to pieces. I called you two weeks ago. You refused to talk to me because I am a member of ACT. D Mayor Genco stated I received a request from Bob Hall for our support of White Cane Day. It is part of the Palm Beach Gardens Lions Club. At the main entrance to Wall Mart, would like people to come by for free eye exams, and there is going to be a lot of people at this, a choir from Jupiter Seaside Chapel. It will take October 20, 2001. They will also be collecting used and unwanted eyeglasses. Mayor Genco stated she received a letter from Representative Larry Crowe asking us to support prohibiting wood that has been treated with arsenate. They are trying to do something on a state level, and if the council agrees, then we will do it. • Council gave consensus for Resolution. Fire Chief Weinand stated they have scheduled a groundbreaking for the New Public Safety Facility for Monday the 29~' at 1:00 p.m. X. ADJOURNMENT Meeting was adjourned at 11:15 r~ 23