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HomeMy WebLinkAboutMinutes_Special Meeting_04/28/2001 VILLAGE OF TEQUESTA Post Once Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD MEETING MINUTES APRIL 28, 2001 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, • April l2, 2001. The meeting was called to order at 9:37 P.M. by Mayor Geraldine Genco. A roll call was taken by Betty Laur, Recording Secretary. 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 and Village Attorney John C. Randolph, and Acting Village Clerk Betty Laur. II. PLEDGE OF ALLEGIANCE The meeting opened with the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA C. Mayor Genco requested that the agenda be re-ordered to first hear the Stormwater Utility status report from Tom Jensen. The revised agenda was approved by the Village Council. Recycled Paper • SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD MEETING MINUTES April 28, 2001 PAGE 2 ----------------------- IV . STORMWATER UTILITY BOARD STATUS REPORT PER THE REQUIREMENTS SET FORTH IN SECTION 19.14 OF THE CODE OF ORDINANCES Tom Jensen explained that because of time constraints he had not been able to provide a formal report for this meeting, but this item was being presented because the Village Charter called for one meeting of the Stormwater Utility Board in April and one in May of each year. Mr. Jensen indicated that his formal report would contain all priorities, capital improvement projects planned for the next year, and the proposed rates, and would be presented at a Special Village Council meeting toward the end of May, since due to the magnitude of the report it could not be finalized for the May 10 Village Council meeting. Mr. Jensen reviewed a memo he had written to Village Manager Couzzo which listed some project priorities. The status • of the first priority, South Cypress Drive Streetscape and Drainage Project, would be presented to the Village Council at their May 10 regular meeting by a representative of Northern Palm Beach County Improvement District. Completion of Phase II Drainage would be a carryover into the next fiscal year's budget for completion of that drainage work. Joint repairs in Tequesta Pines had been itemized and Mr. Jensen reported he would add budget items onto that. Also to be presented to the Village Council at their May 10 meeting was a public education plan for the Stormwater Utility, interlinked with the sewer agreement with ENCON, which would also be a formal budget item for next year for the Stormwater Utility. The last priority in the memo was that Mr. Jensen would begin itemizing as many areas for additional swale construction as the budget could accommodate, looking at outfall areas initially and then expanding out into other areas in the Country Club. Mr. Jensen indicated that hard numbers would be provided at the Special Village Council meeting in late May. Vice Mayor Capretta requested that Mr. Jensen go back to initiation of the Stormwater Utility and review the 5-year plan that had been developed at that time to see how much had been completed and how much it had cost; and then list the priorities at this point and their projected cost. • Vice Mayor Capretta commented most of the really serious problems had been taken care of, but there were still some big ones left. Vice Mayor Capretta commented that the rate • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 3 COUNCIL AND STORMWATER UTILITY BOARD of tax determined how fast projects would be accomplished, and asked that information be provided how long it would take to complete the plan if the rate remained at the present level. Councilmember Walker asked if Mr. Jensen had participated last year in preparation of these materials for the Village Council, to which Mr. Jensen responded that Joe Grusauskas, the Stormwater Utility Director at that time, had prepared last year's information. Councilmember Walker questioned when Mr. Jensen had been charged with this request, to which Mr. Jensen responded it had been one week's time. Mr. Bozyczko commented that Tequesta Gardens had a flooding problem on Westwood Avenue which they had reported, but nothing had happened. Mayor Genco requested that Mr. Bozyczko's request be submitted to the Village Manager in writing so that it could be incorporated. Mayor Genco commented that the Village in their new budget would be doing all of its capital improvements and capital maintenance programs on projections of 5 to 10 years, • meaning that reserve accounts would be established to take care of things such as Stormwater utilities improvements, maintenance, and roads. Mayor Genco commented that Mr. Jensen had been wearing several hats because of shortage of staff, that he had reminded management of the need to have this meeting today, and expressed her thanks for his help. Mayor Genco commented she hoped that shortly a Stormwater Utility Director and Water Utility Director would be hired to take care of both of these positions. Village Attorney Randolph requested that speakers identify themselves for the record. Frank Bozyczko stated his name and that he was President of Tequesta Gardens Homeowners Association, residing at 1 Westwood Avenue, No. 101, Tequesta. Councilmember Walker questioned the status of hiring a new Stormwater Director and Utility Director, to which Mayor Genco responded it was hoped that item would be on the May 10 agenda. Howard Morton, 91 Fairview West, reported he had talked to the workmen doing stormwater improvements, who had indicated the work being done would not stop future flooding, because the previous flooding had been due to tides. Mr. Jensen requested that residents call him with concerns regarding comments made by the contractor. Mr. Jensen explained that the stormwater report for the Country Club done 5-6 years ago, which had • brought about the improvements being made today, developed a plan so that during major storm events water would be • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 4 COUNCIL AND STORMWATER UTILITY BOARD moved faster from the golf course residential area into the golf course ponds and on into the river. Some flooding on the roads could still occur. The improvements would help with the 3, 5, and 25-year storm events. Mr. Jensen explained if the tides were high more volume of water would be moved from the Country Club area. Mr. Jensen offered to sit down with Mr. Morton to explain this situation, and explained that the design was for 2, 5, and 25-year storms rather than 100-year storm events that would occur only once in a lifetime, because the cost to provide for worst case events was prohibitive. Joe Hall, 159 Country Club, located just off the 18th fairway of the Country Club, reported there had been flooding there in the past. Mr. Hall expressed concern that larger pipes would put more water into the pond, and he saw nothing being done to get the water out. Mr. Jensen explained that a new larger line was being installed out across the Country Club to the river. Mr. Hall expressed his opinion there should be a larger pipe discharging from the pond to the outfall pipes . Mr. Jensen explained that it was the outfall pipe which was too small. Mr. Jensen commented that some of the outfalls were 27" pipes and were being replaced with 42" pipes; and sizes of the discharges from the ponds to the outfall pipes varied. In this case the interconnecting pipe was 27" with a control structure in between, and there were limitations to go to a certain elevation before South Florida Water Management would permit discharge, so weirs were set so that when a certain level was reached it would discharge and flow out through the outfall. It was clarified that all the pipes and the weir structure were established to retain the amount of water that the Village was supposed to retain under their permit, and excess would be discharged. Mr. Jensen explained that during large storm events the Village could call South Florida Water Management to report they were seeing high levels of water and to ask permission to pull the weir structures to allow the water to move out. Councilmember Walker requested a short update on the Phase II sewer construction. Mr. Jensen explained that the Fairway North area was impacted by higher than normal • groundwater levels in spite of drought conditions, as well as by the river, and that the contractor had encountered unexpected groundwater. Mr. Jensen reported he was working • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 5 COUNCIL AND STORMWATER UTILITY BOARD with the contractor regarding his methods, that the contractor was now regrouping, that the sewers were deep in the area on Fairway North where he was typing into the lift station, and three or four homes on Fairway North were seriously impacted. Mr. Jensen explained that he was working with the contractor daily to assure safety precautions were being met. The methods used, type of soils, and water encountered had turned the roadway into a sponge, making it fluid, and there was not a quick solution. Changes in the dewatering system would be necessary to correct the situation, and it was estimated it would be 2-1/2 weeks before the contractor could be finished. South Florida Water Management personnel had reviewed problems on-site, had allowed the contractor to continue working on a specific day because of unsafe conditions, but now required him to change his method of dewatering. Councilmember Walker commented that it had been reported in the newspaper that the three homes so • severely impacted would receive low pressure sewers, which Mr. Jensen indicated was incorrect information. Mayor Genco reported that one of the things that had happened in regard to the flooding had been that one or more citizens had called South Florida Water Management and reported the Village for violations. Mayor Genco stated she did not want to discourage any citizen from doing what they felt was right, but hoped that someone at the Village would be called first before they made a report that the Village was doing something illegal. Pert Town, 364 Fairway North, commented she had been misquoted twice in the Courier, the first time when they said the ambulance had to come across the neighbor's lawns. Mrs. Town reported an emergency situation had occurred with her husband, which she had believed to be a heart attack, but turned out to be kidney stones. The construction company President and crew had directed the paramedics through the hazards and they got Mr. Town to the hospital. Mrs. Town explained their house was not accessible and described getting her husband home and back to the hospital the next day. Mrs. Town thanked the President of the construction company for being so caring and helpful. Mrs. Town reported her next door neighbor had been offered the chance to spend the night in a hotel because there was no emergency access to his home, • and that she had not been given the option to leave before being trapped in her house, to which Mayor Genco responded • SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD FETING MINUTES April 28, 2001 PAGE 6 ----------------------- she believed the situation had been unexpected. Mrs. Town reported that currently kids in pickup trucks were driving in the area, which was doing damage and was a safety hazard. Mayor Genco requested that the Village Manager have the police patrol that area more. Councilmember Dalack asked whether if this situation on Fairway North had been discovered if that would have had an effect against sewering the peninsula, to which Mr. Jensen responded it would not. Councilmember Dalack made a motion to accept the Stormwater Utility Status Report in accordance with the requirements of Section 19.14 of the Code of Ordinances of the Village of Tequesta and the written report dated April 26, 2001 from Thomas E. Jensen, P.E. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. • V. COMMUNICATION FROM CITIZENS Jane Hansen, 264 River Drive, expressed disappointment that at the last Village Council meeting no one had expressed thanks to former Vice Mayor Schauer for her eight years of good service to the Village Council. Mayor Genco responded that former Vice Mayor Schauer had been unable to attend the meeting but would attend the next meeting, and would be recognized at that time when she could be present. Mrs. Hansen expressed her opinion that thanks should have been extended at the last meeting, and that it should have been mentioned that recognition was planned for a later meeting. Mrs. Hansen also expressed her opinion that Mayor Genco should have expressed thanks at the last meeting for the many years that Joann Manganiello served as Assistant Manager and Village Clerk, and asked that be on the record from the people of Tequesta. VI. DISCUSSION WITH JOHN ZUCCARELLI, PRESIDENT, JMZ TEQUESTA PROERTIES, INC., REGARDING LAND SWAP AND PROPERTY CLOSING John Zuccarelli explained that he had asked for this meeting to get direction from the Village Council with the • new members present. Mr. Zuccarelli commented he had negotiated in good faith over the past two years with Mayor Capretta, Vice Mayor Schauer, and the past Councilmembers, • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 7 COUNCIL AND STORMWATER UTILITY BOARD and now he did not know what was going on. Mr. Zuccarelli commented he had thought he had a commitment from the past Mayor and Council, who passed a resolution and borrowed money to build a building, and nothing had happened. Mr. Zuccarelli commented that March 18 had been the deadline date he had had to buy back the property the Village had purchased, and he had the check in his pocket if the Village desired him to buy back the corner the Village now owned. Mr. Zuccarelli indicated that at the time of the agreement there had been much discussion and a big issue regarding whether he would have the ability to buy it back, so he was quite surprised at the reluctance of the Village on March 18 to make a decision as to what they wanted to do. Mr. Zuccarelli stated he had a couple of options, as did the Village, and he would like to get an idea of what the Village wanted to do so he could move on. Mr. Zuccarelli indicated it did not matter to him whether a municipal building was built on the site. Mr. Zuccarelli • commented he had been waiting for two years, had been the subject of two elections and numerous newspaper articles, had been accused of getting a sweet deal from the Village, had been called a criminal, and commented if the building was to be built then built it or if not, let him buy back the property and he would go on his way. Mr. Zuccarelli commented he would love to sit down and discuss what each party wanted to do, but it must be done quick, since the first building would be finished at the end of May, and he wanted to start the second building, but could not answer prospective tenants as to what was going to happen across Main Street. Village Attorney Randolph advised that the Village Council had previously indicated what they wanted to do which was to swap Parcel one for Parcel two, and the Village was ready, willing and able to close in regard to that. Attorney Randolph commented he did not know if it had been announced publicly what Mr. Zuccarelli was seeking from the Village in order to go forward, and it was his understanding that as a condition of closing that Mr. Zuccarelli wanted to seek some clarification or amendment to the contract. Mr. Zuccarelli responded the Village had sent him a letter in August saying they wanted to swap the property, and he had had mixed signals at that point because as far as he was concerned the project was going • forward but there was no commitment on the part of the Village to build the building. Mr. Zuccarelli explained • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 8 COUNCIL AND STORMWATER UTILITY BOARD there had never been negotiations that anything else but a municipal building would be built on that property, that he did not sell the corner property with any intent to build anything other than a municipal or cultural building, but he could not get any commitment from the Village to build the building after a swap. Mr. Zuccarelli explained he could not have an empty lot or an unknown, and his concern was that no one would give him an answer. Mr. Zuccarelli commented that if the Village was ready to build a building on either Tequesta Drive or Bridge Road there was nothing to talk about and things were in good shape. Village Attorney Randolph asked if Mr. Zuccarelli was asking for relief regarding the current building and the fact that the tenants would remain, to which Mr. Zuccarelli responded he wanted to protect the tenants and keep them in their building as long as possible; and given a choice of knocking the building down sooner than later, later would be better than to have another sand pit there. Mr. • Zuccarelli indicated; however, that this was not his primary concern-the primary concern was trying to get a commitment that a building or Village Hall would be constructed. Mr. Zuccarelli stated he was here and wanted to talk about this. Councilmember Dalack commented that his reading of the agenda item was that proposals would be made by JMZ Tequesta Properties, Inc., which the Village Council would consider and make a decision later. Mayor Genco confirmed that this agenda item was only for discussion and that Mr. Zuccarelli had wanted to meet with individual Councilmembers one-on-one, but she had thought since this meeting was being held today it would be a good opportunity to have a public discussion of what he was looking for to move forward with execution of the option the Village wanted to have exercised. Mayor Genco indicated that she understood from Attorney Randolph's questioning of Mr. Zuccarelli that there were other things Mr. Zuccarelli wanted before he would exercise that option. Mr. Zuccarelli asked what the Village would do with the property if they bought it, to which Mayor Genco stated she did not know. Mr. Zuccarelli then proposed he buy the other corner back and let him go on his way. Mayor Genco responded the Village had already exercised their option and their intent was to swap the parcels, and that the • Village had called for an RFP to evaluate the properties, the demographics, the marketing, the location, the staff • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 9 COUNCIL AND STORMWATER UTILITY BOARD needs, the space needs of administration, the Village's budget, and all the things that needed evaluation to evaluate the location and size of the Village Hall, how much money the Village had to spend on it, and the most important thing- what would make the shopping center viable and productive and support the goal of making that a good commercial area. Mr. Zuccarelli indicated he had already gone through this. Mayor Genco stated that the last workshop the Village had did not go to that depth nor did it present all of the information to the citizens nor did it give citizens an opportunity to ask questions. Mayor Genco stated she had visited Mr. Zuccarelli in his office a couple of times when she had been new on the Village Council, that Mr. Zuccarelli had been very patient with her, and that she had asked him to beg the other Councilmembers to proceed with doing that. Mr. Zuccarelli responded he had negotiated with them and worked with them and had given them just as much time as Mayor Genco when • she had come to his office, and they had passed a resolution, and he had thought there was a deal but now the Council wanted to start all over. Mayor Genco commented that was Mr. Zuccarelli's perspective, but her understanding was that the Village had exercised an option and would like Mr. Zuccarelli to exercise that option and deliver that parcel to the Village. Mayor Genco indicated that the RFP might indicate another parcel was needed, or that a Village Hall should be built there, but the Village wanted to give the taxpayers, who had already spent a lot of money, the opportunity of having this be a viable commercial center and asset to the Village. Mr. Zuccarelli questioned what happened if this was done again and at some point in time somebody decided that was not the place they wanted to put Village Hall, and wanted to do it again. Mr. Zuccarelli commented the Village had already made this decision, the elected officials had negotiated, he hoped in good faith with him and now the Village wanted to do it all over again. Village Attorney Randolph stated the Village was not doing anything all over again-they had negotiated a contract in good faith and believed they had acted and would continue to act in good faith under the terms of the contract. Attorney Randolph advised that the Village Council was telling Mr. Zuccarelli today that they • did not think it was appropriate to give Mr. Zuccarelli a decision today whether or not they were going to build a • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 10 COUNCIL AND STORMWATER UTILITY BOARD building, simply because they did not know that answer and wanted, in good faith, a period of time to be able to fully evaluate it, to fully discuss it, and to make an ultimate determination. At the conclusion of the Village Council being able to do that in a well-reasoned session, perhaps in workshops, they would then advise Mr. Zuccarelli of their decision. Attorney Randolph advised that there were so many options that an answer could not be given today, except that the Village believed the terms of the contract were clear and exercised their options under the terms of the contract, and wanted to go forward in that regard. The Village Attorney indicated he thought that the Village Council was acting in good faith and would like Mr. Zuccarelli's cooperation in working with them in order for them to give an answer whether they were going to build or not, but in regard to the swap, they felt that was not relevant today and wanted to go forward with the swap. Mr. Zuccarelli indicated the way he and his attorneys had read . the contract and what he had negotiated was that once he was notified the Village wanted the Tequesta Drive property that, he had bought, triggered the building being done, which could be decided by a judge. Mr. Zuccarelli questioned what the Village would do with the property after a swap if they decided not to build there, to which the Mayor responded the Village would make it be a benefit to Mr. Zuccarelli's commercial area. Mr. Zuccarelli commented it was never contemplated or negotiated with him that the Village would do anything on the property other than a municipal/cultural use; he had the other three corners to think about; it was never contemplated that the Village would be in the property business; no other use was ever contemplated. Mr. Zuccarelli questioned how long it would be until a decision would be made. Mayor Genco responded the RFP's had been submitted and at the next Village Council meeting a committee would be formed to work with the engineering/ architectural/marketing company, to make the area viable and the Village wanted to assure that viability would enrich the community as well as the businesses. Mayor Genco indicated that at the prior workshop there had been a lot of unanswered questions concerning parking, traffic flows, marketing analyses, and Dr. DeHaviland Smith has stated that was not what he had • been hired to do. The Mayor stated there was good faith, the Village wanted to move ahead and wanted their option SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 11 COUNCIL AND STORMWATER UTILITY BOARD exercised, they had shown good faith by their $2 million investment and if they built a building that investment could be S6 or $7 million, which was significant and showed the Village had good intent, and Mr. Zuccarelli must show he would work with the Council. Mayor Genco stated that this Council would work with Mr. Zuccarelli in a straight and above-board manner and if he had something to say, she would rather he do it publicly than in one-on-one situations. Mr. Zuccarelli indicated he would be willing to work with the Village but just needed to get going. Mayor Genco responded the Village was hopeful the RFP process would be completed in 3-4 months, and depending on the results, it could go to a referendum for November, which could be the outside time, although she could not guarantee that. Mayor Genco commented it depended on the results of the RFP, the information disseminated to the citizens who needed to know the cost to them and that the downtown area would be viable, and no one was walking away from a $2 million investment. Mayor Genco commented if Mr. Zuccarelli made the swap he could develop parcel one or the other parcel, so he was not stopped from developing. Mr. Zuccarelli stated at this point he could not do anything on the other side of Main Street because every prospective tenant wanted to know what was going in on the other side of Main Street and all he could tell them was the prior Village Council had passed a resolution to build a Village Hall there but the new Council did not want to do it, he was supposed to buy back the property in March but the Village did not want his check, the Village wanted to swap and take the Tequesta Drive property but did not know what they would do there yet, and meanwhile he had people coming in who wanted 28,000 square feet of office space on Tequesta Drive but he could not answer their questions, and this was not fair to him. Councilmember Dalack commented Mr. Zuccarelli was not the injured party. Councilmember Dalack commented the Village was ready, willing, and able to close and voted to swap over Councilmember Dalack's objection, but when the attorney showed up at the closing JMZ Tequesta Properties was not there; that the Village had been ready to do the swap, Mr. Zuccarelli was not, and he had held up the process of the swap. Mr. Zuccarelli indicated he had done so because no one knew what was going • to be done with the property. Village Attorney Randolph stated there had been no decision by the Village not to • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 12 COUNCIL AND STORMWATER UTILITY BOARD build on that parcel and indicated that the Village was trying hard to get resolution of this; that it might not take until November because the Village Council wanted to move forward expeditiously while at the same time being able to involve the citizenry and themselves in coming to a final decision that was best for the Village and hopefully best for Mr. Zuccarelli. Attorney Randolph indicated he understood Mr. Zuccarelli's frustration, but asked for an opportunity for both parties sit down to work this out so that both would be satisfied. Attorney Randolph advised that the Village did not know today what they wanted to do but wanted to go forward with the obligations under the contract. Mr. Zuccarelli indicated he was not ready to swap the properties until he had some clarification of the contract on what he thought he had negotiated, and he could not have an unknown. Attorney Randolph suggested he keep in close touch with Mr. Couzzo. Mr. Zuccarelli indicated he needed to be able to tell people what was going on, and wanted this over with for everybody's sake. Mayor Genco stated the Village wanted Mr. Zuccarelli to have a successful project. Mayor Genco called for comments from the public. John Alevezios commented he did not realize until today that there was a partnership each was stuck with and as a former developer he sympathized with Mr. Zuccarelli, but saw no simple solution. Mr. Alevezios expressed his opinion the Village was missing an opportunity to make orange juice from lemon juice because Mr. Zuccarelli's development of the land he would get back would bring in tax revenue, and suggested Mr. Zuccarelli tell the Council what he would do there to help their decision. Arnold Blum commented this was a representative form of government, expressed his opinion that the previous Council had negotiated with Mr. Zuccarelli in good faith but did not have their fingers on the pulse of the people, and the complexion Council had been turned around as evidenced by the recent election on a platform that the Village needed to know exactly what their finances were now, where the money would come from to build, and to get a mandate of the exact amount of space needed, and present that to the citizens to get a • mandate for the Village Council to act upon. Mr. Zuccarelli commented the last Village Council had been elected by somebody and he had negotiated in good faith • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 13 COUNCIL AND STORMWATER UTILITY BOARD with them and now Mr. Blum was saying the way government worked was it way okay to elect people and if the people did not like their decisions they would elect someone else and start over again. Mr. Zuccarelli indicated he did not think that was the way government worked, since he had not been a big fan of President Clinton, but had had to live with his decisions although he did not agree, and the majority ruled, and decisions the prior Council made could not be walked away from. Mayor Genco stated the Village wanted to exercise the option. Patricia Hartley, 279 Country Club Drive, stated as a citizen she had elected the previous Council and had had faith in them to bring the Village up to the standards everyone enjoyed. Mrs. Hartley stated she totally agreed with Mr. Zuccarelli, that he had to move on, that the Village had to move on, that the severing and the downtown area were a mess, that unfortunately people in this community tended to vote in new people in homeowners associations who tore down what • had been done previously and now the Village Council seemed to be doing the same thing-and it was a real embarrassment to have one Council build something and have the next Council tear it down. Mrs. Hartley commented there was a lot of apathy in the community, and that one group had mustered votes for the new Council, but there were a lot of residents who really did not agree with what was going on. Mrs. Hartley stated the people were looking for progress and she thought Mr. Zuccarelli could bring that to them. Harold Taylor, 13 Chapel Court, commented he and Mr. Zuccarelli had talked 3-4 times over the past month, and asked Mr. Zuccarelli to come up with a schedule and a drop dead date for Building B so the Village Council could base their planning on that date. Mr. Zuccarelli commented the problem was the unknown of whether or not the Village Hall was going to be built because people were afraid of the unknown, and if he had a date by which the Village was going to make a decision at least he could tell people something would be known by that date. Pat Watkins commented the Village was holding Mr. Zuccarelli's project hostage, commented she was present the night the Village Council voted to put the Police and Fire building at this location and the Village Hall downtown, and questioned if that had been undone, and if some Council action had to • happen for that to be negated. Mayor Genco responded that what had been approved was the right of swapping parcels • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 14 COUNCIL AND STORMWATER UTILITY BOARD and what was happening now was that Mr. Zuccarelli, by not signing the title, was effectively tying up two pieces of property instead of one; and the Council at that meeting directed the Village Manager to exercise the option to swap the parcels, and since that time the Village had also approved the construction of the Fire Safety Building on this site. Ms. Watkins stated, so nothing had been done about the building specifically, which Mayor Genco responded was correct. Mr. Frank Bozyczko from Tequesta Gardens, President of the condominium association, questioned if the Village Hall would be built on this location or down the road, and if there was room to place the Village Hall on the present site. Mayor Genco commented that was a question, and there were many factors that would affect the location--finances, making the downtown area viable, efficiency of administrative staff, possibly land and what was existing on that land--which was why professionals were being hired to do an evaluation of • all the different factors and come up with a cost effective evaluation and marketing study so that the Village could figure out the best thing for the Village and for the downtown area. Mayor Genco commented the community had been divided over the past two years, which might have been resolved in part if all the facts had been brought to the people in the beginning, which the Village Council was trying to do as soon as possible. Mr. Bozyczko commented a large Village Hall and parking lot were not needed. Mayor Genco responded administrative needs currently based on existing Village staff and finance was a little over 5,000 square feet; that a meeting hall and a little room for expansion was wanted. The people doing the RFP would look at that and make a recommendation, and it might be a clear-cut decision if there was something about one site that said it could not be done there; or the sites might be equally desirable. Mr. Bozyczko commented in Tequesta Gardens there were two streets owned by the Village, Westward Avenue and Garden Street, where residents of Tequesta Gardens walked in the middle of the street with their wheelchairs and canes and a sidewalk was needed. Mayor Genco asked that request be submitted in writing. O'Neil Barton, 68 River Drive, commented he had never seen Mr. Zuccarelli before but his background was business, and • if a deal had been made then it seemed the Village Council was not living up to their deal because there seemed to • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 15 COUNCIL AND STORMWATER UTILITY BOARD have been ample time for this to be resolved. Mr. Barton commented he could see another election two years down the road that maybe somebody else would disagree with what was arrived at, but a deal was a deal, and he knew the reserves of the Village were far greater than Mr. Zuccarelli's investment. Mary Bolton, 232 Golfview Drive, stated the study should have been done by the previous Council before making a deal and now Mr. Zuccarelli was being held up, which she did not believe was fair, and she was not in favor of a big Village Hall. Councilmember Walker stated she did not agree with holding this discussion under a Special Village Council Meeting entitled Stormwater Utility Board. Councilmember Walker commented this was an issue, as many people had said, that had been at the heart of this community for years. Councilmember Walker stated there were 34 members of the public in the room and she did not agree that having this • magnitude of a discussion without the public being properly notified, properly informed, and without the newspapers publishing the agenda, she did not think this Council had serviced the public. Councilmember Walker stated that at the April 12 Council Meeting when this subject under a workshop had been originally scheduled for today, Mayor Genco had given Councilmember Walker her word that it would be rescheduled to accommodate Councilmember Walker's ability to attend. Councilmember Walker stated she was to have been at a conference yesterday and today in Tampa. Councilmember Walker requested that Mr. Hutchinson go back and listen to the tapes. Councilmember Walker stated she was getting the distinct feeling that the original concept of a multi-cultural municipal government/municipal center was being lost in politics, and it seemed to her the Council was now going to address whether to build an office building. Councilmember Walker stated she did not believe the government should be in the business of doing that; that if the government could provide adequate, safe, up to code spaces for their employees then the Village could continue to rent office space to do that. Councilmember Walker commented that she did not think the Village should build an office building and if the Village Council could not get back to the concept of a municipal center which • would tie into the overall concept of a Village Center as a whole then the Village had no business being downtown. SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 16 COUNCIL AND STORMWATER UTILITY BOARD Mayor Genco responded that at the last Village Council meeting there had been scheduled for April 28 a workshop on the Sunshine Law that was cancelled because at that time Councilmember Walker did not have her schedule. Councilmember Walker responded she had not been consulted by the Manager's office. Mayor Genco commented that she was talking and when she was through Councilmember Walker could speak. Mayor Genco stated from that perspective that meeting had been cancelled because it was very important that all of the Councilmembers attend a meeting informing them of their duties and responsibilities as Council people under the Florida Sunshine Law. When Councilmember Walker had been unable to attend, the meeting was cancelled. Mayor Genco explained that three or four days later, Tom Jensen had notified Administration that a meeting must be held of the Stormwater Utility Board during the month of April required by Ordinance, Section 19.14. Since Council and the attorney had already been booked for the April 28 • date, that had been available. Mayor Genco stated she had made the decision, since everyone was available with the exception of Councilmember Walker, to hold the meeting to meet legal obligations. At the same time, Mr. Zuccarelli had wanted to have meetings with Mayor Genco, Councilmember Russell von Frank, and Councilmember Basil Dalack, and did not request a meeting with Vice Mayor Capretta or Councilmember Walker. Mr. Zuccarelli had also requested a Special Village Council meeting some three or four weeks ago with the old Councilmembers, and when he found out that could not happen without the new Council being seated, that became a moot point, so that he simply requested a meeting with the Councilmembers he had not had an opportunity to have dialog with. Mayor Genco stated she saw an opportunity for the Councilmembers who were available, who were primarily the focus of Mr. Zuccarelli's interest in opening a dialogue of communication to participate in this discussion. Mayor Genco stated the title of this published agenda was "Special Village Council and Stormwater Utility Board Meeting", and there had been no attempt to deceive anyone about the purpose of this meeting. Mayor Genco noted that regarding Councilmember Walker's comments about space needs in the Municipal Center, she believed it had been Councilmember Walker's • vision that the Municipal Center be 17,500 square feet. Councilmember Walker clarifieded, up to the allowed amount. • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 17 COUNCIL AND STORMWATER UTILITY BOARD Mayor Genco commented this was all part of the reason the Council was sitting here and discussing this and trying to have an open dialogue. Mayor Genco stated there would be another Village Council meeting and possibly another Village Council workshop which would specifically addressing all of the information, and hopefully at that time there would be information submitted about the RFP that was currently out, and she hoped at that time everyone interested in that project would show up and put in their two cents worth. Mayor Genco commented the Village was doing things in the most open and fair way they could without trying to adjust things to eliminate anybody from participating, and were trying to get as many people as possible to participate. Councilmember Dalack commented to the "a deal is a deal" proposition, that if the folks of that persuasion would read the contract they would find there was nothing in the agreement of February 1999 that obligated the Village to build anything; the agreement • provided for a purchase, and did not state a purchase for a specific purpose nor obligate the Village to build anything at Tequesta Plaza, so there was no a violation of "a deal is a deal" because there was never a deal. Councilmember Dalack stated that the agreement speaks for itself. Mr. Zuccarelli commented regarding what his expectation had been. Mr. Zuccarelli explained there had been two agreements. The first agreement was for the piece of property now owned by the Village, which was the property at the corner of Main Street and Bridge Road on the Wachovia Bank site. In that agreement, in the event the Village chose to do so, they could swap that parcel for the parcel on Tequesta Drive. In that first agreement uses were specifically mentioned. Mr. Zuccarelli commented that was between Village Attorney Randolph, Mr. Zuccarelli's attorneys, and the judges to figure out if it was legal or who would win on that question. Mr. Zuccarelli asked what the intent was that was negotiated for, and stated he did not think the Village ever contemplated being in the property business or the development business, but had had one thing in mind, and the only thing ever discussed was a cultural/municipal center. Mr. Zuccarelli stated that was the big unknown, going ahead with the swap, because what would happen to his project if the Village put a • Burger King on the property or sold the parcel to someone else. Mr. Zuccarelli commented he had negotiated for two • SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD MEETING MINUTES April 28, 2001 PAGE 18 ----------------------- years with the prior Village Council to get the deal done, and there was a Resolution passed saying that was where the Village Hall would go and the Village had borrowed the money to build the building. Mr. Zuccarelli commented that now the Village was telling him they did not know what they were going to do with the land and he did not need a Burger King there, or the land being sold to another developer and having him do something not compatible with the rest of the project. Mr. Zuccarelli stated he believed Mayor Genco was truthful and honest and wanted the best thing to come out of this for Mr. Zuccarelli, for the plaza, and for the community, but what if she was not here in two years just like former Vice Mayor Schauer was not here, and the new Village Council decided to sell the parcel to someone who decided to put a Burger King there. Mr. Zuccarelli stated he had made a deal with the former Council and now they were not here, which was why he did not do the swap. • Mayor Genco requested that the Village Attorney state what the Village was allowed to do with the property as stated in the agreement, whether or not the option was exercised. Village Attorney Randolph commented it served no purpose to have a debate this morning as to the Village's rights or Mr. Zuccarelli's rights under the contract, and certainly not to discuss the intent, The purpose of today's meeting was only to hear Mr. Zuccarelli's concerns so that the Village could attempt at some point to address those concerns. The Village Attorney commented he believed the answer that had been given was the Village would like Mr. Zuccarelli to work with them in regard to the Village Council's analysis as to what they ultimately wanted to do, and there had been nothing stated that a Village Hall or a Village complex was not going to be built on that property. Attorney Randolph commented that the Village Council had only stated to Mr. Zuccarelli today in response to his questions that they had some questions that needed to be answered and they would like to have the opportunity to answer those. Attorney Randolph explained that if there were questions in regard to the contract and if the Village Council wished to discuss it, Attorney Peter Holton from Mr. Randolph's office was present to answer any questions. Attorney Holton had been involved in drafting the contract • and in subsequent negotiations with Mr. Zuccarelli. Attorney Randolph stated the contract spoke for itself, SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 19 COUNCIL AND STORMWATER UTILITY BOARD expressed the belief the Village had acted in good faith under the contract and was willing to stand by the contract and to its terms. Mayor Genco asked if the Village would be able to build a Burger King on either parcel. Attorney Holton responded the contract was very clear as to the rights of the Village with respect to both Parcel One and Parcel Two, and stated if the Village did not build a civic or City Hall or other municipal facility within two years on Parcel One then Mr . Zuccarelli had the obligation to buy it back and the Village had the obligation to sell it at a stipulated price. The agreement also said, however, that during that period if the Village wanted, it could swap Parcel One for Parcel Two, and could make Parcel Two bigger or smaller to meet its needs, and there was a formula to calculate the purchase price if there was a difference in value of the two parcels in the swap. Attorney Holton explained that the contract was silent on any rights or obligations of the parties if the swap went through for Mr. • Zuccarelli to buy Parcel Two back, and there were literally no restrictions on the use of Parcel Two once the swap occurred, and if the Village wanted to sell it to a third party so long as the use was consistent with the Village ordinances and rules, that use would be permissible. So if a Burger King was proposed for that property and was a permitted use which met all the ordinances and codes then that was a use available for that property. Mayor Genco indicated she did not know the zoning there except it was her understanding that it was now zoned commercial. Mr. Zuccarelli asked how long Mayor Genco thought it would take before it was known whether a Village Hall or Municipal Center would be built on the parcel. In response, Mayor Genco stated she was pushing the Village Manager and the people doing the RFP to get the answer as soon as possible and that the Village Council was behind it. Mr. Zuccarelli asked what would happen if it were found that the land next door could not be used, to which Mayor Genco responded she would like to go to Mr. Zuccarelli with alternatives for using the space, if not for a Village Hall then for a cultural purpose or park or something of that nature, but that had not been discussed with the Council. Mayor Genco explained that was her opinion, but that was an alternative she personally would support, and the Village Council would • work with Mr. Zuccarelli because the goal was to make the shopping center viable. Mr. Zuccarelli commented he had • SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD MEETING MINUTES April 28, 2001 PAGE 20 ----------------------- been on the outside of the politics of the former Village Council and it was not his fault if they did not do the right studies or whatever the new Village Council thought should have been done, and he was frustrated with waiting. Mayor Genco commented the Village would do its best to get through this as quickly as possible. Mr. Zuccarelli stated he just wanted to get the project going. VII. DISCUSSION REGARDING FUTURE PUBLICATIONS OF THE SMOKE SIGNALS NEWSLETTER Councilmember Dalack explained that it had been his dream for two years to use Smoke Signals, a newsletter published by the Village Manager's office, as a communication tool to obtain feedback from the citizens to the Village government. Councilmember Dalack commented he had informed • the Village Manager that he would like to edit Smoke Signals, would obtain information from Mr. Couzzo, the Clerk, and members of the Village Council for publication and would like to see facts and figures and the results of the study regarding Village Hall published, and get feedback from the residents as to where they would like to see the Village Hall built, based on the study. Councilmember Dalack requested approval from the Village Council for him to act as editor of Smoke Signals. Councilmember von Frank commented this had been a pet peeve of his and he believed each member of the Council should be obligated to write an article in Smoke Signals and he would like to change the name to something like Tequesta News because Smoke Signals did not bode well from an insurance standpoint, and to let the people indicate whether they would like the name changed. Councilmember Walker commented the agenda listed this item as discussion and asked if there would be a vote, to which Mayor Genco responded this item was just for discussion. Councilmember Walker commented that Councilmember von Frank's suggestion for articles by Councilmembers was an excellent one, and that had been proposed by the Village Council to the new Village Manager shortly after he was hired, but there had not been an issue since January. Councilmember Walker requested the Manager publish an issue. Mayor Genco stated Councilmember Walker was correct, that this had been discussed at a prior Council meeting and it had been • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 21 COUNCIL AND STORMWATER UTILITY BOARD decided that each Councilmember would rotate and do an article in each subsequent issue of Smoke Signals. Mayor Genco stated that was going to take place, but with the departure of Ms. Manganiello there had been no one to do the publication; and hopefully the Village Clerk position would be filled within a couple of weeks and the publication would start again. Mayor Genco stated she would like to see Councilmember Dalack work with someone at the Village in publishing the newsletter but did not feel it would be appropriate for him to be the editor because it could be perceived it was the voice of one Councilmember rather than the voice of the whole Council and Administration. Mayor Genco commented that she was working on having a monthly statement on the website which would be updated monthly, which would be another way the Village would get information to the people, and welcomed other ideas. Jane Hansen agreed with the Mayor that a Councilmember should not be in charge and asked if the • public could submit articles. Mayor Genco responded that was a wonderful idea and there could be a guest columnist in issues of Smoke Signals; and she hoped the website would be interactive by allowing residents to post items that could be read by others and to communicate with Village Council and other residents. Mayor Genco commented it was hoped that the website would be up and running within the next 3-4 weeks. Mayor Genco stated she would like to see Councilmember Dalack work with staff regarding formatting, but not to provide the actual text. Councilmember Dalack agreed, indicated that the Village Manager should be the editor, and that the goal was communicating what was currently going on with facts and figures and not just a congratulatory or puff piece. Dottie Campbell asked if there could be a contest to change the name. Mayor Genco responded that if there were only 20 responses she would not consider that enough interest and would look for a larger majority of the citizens to respond before changing the name, but that something would be done to stimulate interest. Mayor Genco commented that at the last Village Council meeting the standing committees had been dissolved, and she would like to add to next month's Village Council meeting • agenda consideration of formation of a Citizens Advisory Committee to be delegated to review anything they thought • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 22 COUNCIL AND STORMWATER UTILITY BOARD important to bring to the Village or the Council, and to be given projects at the pleasure of the Council to go out to citizens and do research and come back to the Village Council with a recommendation. Councilmember Genco commented that location of the Village Hall could have been a project handled by a Citizens Advisory Committee. Another project might handle location of a park, doing something special in landscape, adding a sidewalk, etc., and one Councilmember would rotate and participate in it to give each an opportunity to talk and hear ideas from citizens, and each Councilmember would appoint one member to the Committee to make it fair and to take care of demographic areas and represent all the citizens. Councilmember Genco stated she would have more information for next month, and asked for comments from the other Councilmembers. Village Attorney Randolph advised this was not the proper time for comments other than comments regarding whether the Council wished to place this item on • the agenda. Consensus was to place this on the agenda, and the Village Attorney advised that consideration of placing the item on the agenda was in keeping with procedures which this Village Council had adopted. Village Attorney Randolph advised no vote was necessary unless the Mayor heard some comment that someone did not want it placed on the agenda. Hearing none, Mayor Genco stated this item would be on the agenda for the next month. Mayor Genco requested that another item be added to the agenda for the next meeting, which was establishment of a Charter Review Committee, and requested that citizens, possibly former Vice Mayor Schauer, people familiar with the Charter, and attorneys volunteer for this Committee. Hearing no one opposed, Mayor Genco announced that this item would be on the agenda for the next Village Council meeting. Harold Taylor, 13 Chapel Court, indicated these comments were his own and not those of ACT. Mr. Taylor asked everyone to consider three projects the Village needed to do-Public Safety, Village Hall, and public parkland, and choose one that should be the civic and cultural center of • the Village, of which his choice was Village Hall. Mr. Taylor stated as an engineer he had looked at five possible locations for Village Hall: (1) The existing Village • SPECIAL VILLAGE MEETING MINUTES April 28, 2001 PAGE 23 • COUNCIL AND STORMWATER UTILITY BOARD Green, which he had been told by the Village Manager that the deed may restrict that property to a Village Green; and the new Public Safety facility would dominate the site; and it would not be popular politically with the citizens to tear out the Village Green. (2) The pxesent Village Hall site, then Public Safety would have to be moved and since it could not be placed on another portion of the site, that would not be feasible. (3) The water tank location between Blair House and the back of the property, which would hide the Village Hall from Tequesta Drive. (4) Parcel C at Tequesta Plaza, which would be overpowered by the shopping center. (5) If the land swap was done and the Village Hall was placed on Tequesta Drive, the building would still be overpowered by the shopping center, and a traffic hazard would be created by the building blocking the view. Mr. Taylor's conclusion was to place an L-shaped Village Hall in the center of combined parcels C and D at Tequesta Village Center opening up to the roundabout in Main Street, with a plaza and fountains in front of it similar to that in downtown West Palm Beach. Mr. Taylor indicated that would provide room for a plaza and more park land, alleviate the parking problems, and cut down the density of the buildings. Mr. Taylor recommended since the Village was going to spend $73,000 for a land swap anyway, and Mr. Counzzo had reported the auditors found $500,000 the Village did not know it had, to take the $573,000 and buy the northwest parcel outright, then build the Village Hall there. Mr. Taylor quoted Mr. Zuccarelli, who had said whatever the Village decided to do, do it right-the difference in cost over the next 30 years was insignificant. Mr. Taylor stated there were two choices-to put a crackerbox Village Hall on this site or do it right and put it at Tequesta Plaza and have something the Village could be proud of. Councilmember Walker requested Council consideration to add to the Village Council's May 10 meeting agenda a discussion of Tequesta's Recreation Department, needs of the youth, and the YMCA. Mayor Genco responded that was already scheduled for the agenda. • . SPECIAL VILLAGE COUNCIL AND STORMWATER UTILITY BOARD MEETING MINUTES April 28, 2001 PAGE 24 ----------------------- VIII. ADJOURNMENT Councilmember von Frank that the meeting be adjourned. Vice Mayor Capretta seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 11:35 p.m. Respectfully submitted, Betty L~r Acting Village Clerk • DATE APPROVED: --~-r-- - --- •