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HomeMy WebLinkAboutMinutes_Regular_03/08/2001 VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 8, 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, March 8, 2001. The meeting was called to order at 7:02 P.M. by Mayor Joseph N. Capretta. A roll call was taken • by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon Walker. Also in attendance were: Village Manager Michael R. Couzzo, Assistant Village Manager and Village Clerk Joann Manganiello, and Department Heads. Village Attorney John C. Randolph arrived at 7:12 p.m. II. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Walker gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Dalack expressed his opinion that the agenda items pertaining to the move of Public Safety was premature, since that had not been on the agenda he received on Friday, and the proper agenda was not received Recycled Paper • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 2 until Monday, which he believed was not timely enough for the public to know the agenda items. Councilmember Dalack expressed his opinion that the cost of the proposed move, approximating a quarter of a million dollars, ought to be deferred until such time as the auditor's financial report was completed. Vice Mayor Schauer requested addition under Any Other Matters of an update of the renovation of Jupiter High School. Councilmember Genco requested items D, E, F, and G be pulled from the Consent Agenda, requested addition of comments under Any Other Matters, and stated her other comments would come up under New Business. Councilmember Walker requested addition under Any Other Matters of an update as to creation of future neighborhood parks, revision of FEMA flood maps, the Stormwater Utilities Director position, the October 1999 sewer agreement, and a request for the status of the YMCA. Village Manager • Couzzo commented the Village Attorney was not present but reported that the Village Attorney that afternoon had requested under New Business VII (8) and (9) be removed. Mr. Dalack referred to the agenda in his book which was not the same as the items under discussion, and it was explained that in error the February 8, 2001 agenda had been placed in the books for the Village Council; however, the March 8, 2001 agenda had been distributed on Monday. Vice Mayor Schauer made a motion to approve the agenda as amended. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - against Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. . Mayor Capretta clarified that on Friday night when the • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 3 packets came out with the whole book, the February 8, 2001 agenda had mistakenly been included. Mayor Capretta called the Village office on Monday morning and reported the error, and the correct agenda was then distributed on Monday. The Village Clerk indicated that the items for the March 8 agenda had been published in the newspaper, except the Presentations and Promotions; and that technically the Village just needed to post notice of the meeting. Village Clerk Manganiello commented this was the first time the agenda had been published in the newspaper per the Village Council's direction at their last meeting. Ms. Manganiello verified that if anyone came in to pick up a copy of the agenda they would have received the March 8 agenda. Councilmember Genco stated she therefore had no objection, and that she did not receive her packet until Wednesday because she was out of town and it had some items missing, • but she believed the public did receive the information correctly. IV. PRESENTATIONS A) Certificate of Appreciation 1. Cindy Sementelli - Assistant Finance Director Mayor Capretta presented a certificate of appreciation to Ms. Sementelli for her outstanding job during the time she had been Acting Finance Director while the Village was searching for a new Finance Director. Mayor Capretta introduced Jody Forsythe, the new Finance Director, who had been on board for approximately five weeks. B) Recognition upon Retirement • 1. Scott D. Ladd, Director of Community Development • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 4 Mayor Capretta presented a plaque of appreciation and a wrist watch to Scott Ladd upon his retirement after 21 years of service to the Village. Mrs. Ladd was present for the award. C) Promotions 1. Fire Department - Dan Tilles, Captain Jim Trube, Operations Chief of Fire Rescue, introduced Dan Tilles, who had been promoted to Captain, who was one of the original firefighters when the Department began in 1993, and was certified as a firefighter, a paramedic, a fire inspector, and a fire instructor, and • would be heading up Support Services. 2. Fire Department - Tim Campbell, Captain Operations Chief Trube announced that Tim Campbell had been promoted to Captain, that he also was one of the original firefighters when the Department began in 1993, and was certified as a firefighter, a paramedic, and a fire inspector, and would head up the Special Operations Team. 3. Fire Department -Kathy Mauser, Lieutenant Operations Chief Trube announced that Kathy Mauser had been promoted to Lieutenant, that she was a firefighter and EMT, and would head the Public Education Department. 4. Fire Department - Peter Allen, Lieutenant Operations Chief Trube introduced Peter Allen, • who had been promoted to Lieutenant, and • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 5 commented that Mr. Allen had served on a committee that helped to form the Fire Rescue Department. Mr. Allen, a certified firefighter and paramedic, would be heading the EMS Division as EMS Coordinator. D. Introduction of New Employees 1. Fire Department - Scott Donaldson Firefighter Operations Chief Trube reported that Scott Donaldson, who had been unable to attend tonight's meeting, was a new hire who came to the Village from Belle Glade and who had ten years firefighting experience. • 2. Police Department - Keith Smolen - Patrol Officer Police Chief Allison introduced new Police Officer Keith Smolen, who was dual certified as a corrections officer and previously served as a corrections officer for the State at Martin Correctional Institution and Martin County Sheriff's Department. 3. Utilities Department - Tom Koch, Service Technician Russell White, Public Services Supervisor, introduced Mr. Koch, who had previously worked at another Utilities Department. E) Lighthouse Habitat for Humanity Patricia Stidham, Executive Director for Lighthouse Habitat for Humanity, provided a presentation regarding the work of the organization and explained • that they were a local affiliate of Habitat for • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 6 Humanity International and were in the business of building affordable housing. Ms. Stidham reported that this spring the organization was beginning their 15th house, which was in Jupiter, and that they were finishing houses 13 and 14, also in Jupiter. Ms. Stidham advised that the organization had operated a thrift store in County Line Plaza for the past six years, thanked the Village residents for supporting that effort, and encouraged volunteers and donations. Volunteers interested in providing construction services were also invited to participate. Ms. Stidham distributed a handout to the Village Council pertaining to the Community Contribution Tax Credit Program and a draft Resolution which might be adopted by the Village if they so chose. Ms. Stidham explained that the tax credit did not cost the • Village anything, and that the organization needed the support of the municipality in which they worked. Ms. Stidham reported over 100,000 homes had been built by Habitat for Humanity International, and invited anyone interested in participating to contact her. Councilmember Walker requested that the information provided by Ms . Stidham be reviewed by the Village Council and placed on the agenda for the April meeting for a possible donation. Councilmember Dalack proposed also adopting the Resolution. F) Tequesta Police Department Community Activities, County Line Skateboard Headquarters Assistant Police Chief Bob Garlo reported there was no place for young people to skateboard, creating problems which took a significant amount of the Police Department's time. Vice Mayor Schauer had pursued every possible avenue to find a location for . a skateboard park. Assistant Police Chief Garlo explained that with the support of the Vice Mayor and • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 7 the Village Manager, he had pursued the possibility of acquiring a retail storefront in County Line Plaza for the purpose of putting in some type of skateboard facility, which he saw as a wonderful opportunity to have a safe place for the children to go, and for the police department to do some positive partnering with the youngsters instead of the negative partnership shared in the past. Police Officer Nelson Berrios presented a power point presentation which described the growing problem of skateboarding on roadways and on private property and how it could be addressed. Skateboarding in a designated facility resulted in crime reduction. The idea of allowing the youth to set up a club of approximately 50 members to compete against other was proposed. A local merchant representing Juno Surf Shop, indicated willingness to • act as a partner and provide equipment rentals and repair, coordinate special events, provide lessons, and provide a positive way for the youth to expend energy. Assistant Police Garlo indicated that there had been an interesting development which could change the Police Department's proposal, since Jeff Bernstein was in the process of renovating the store building previously occupied by Winn Dixie in County Line Plaza to open a recreational facility. Mr. Bernstein described his new business, which would incorporate an indoor roller rink, indoor miniature golf course, batting cages, and golf simulators. Mr. Bernstein indicated that there would be approximately 7,000 square feet left which could accommodate a skateboard area. Assistant Police Chief Garlo explained that he and Mr. Bernstein had discussed the Police Department partnering in this venture and planned to move forward on behalf of the children. Councilmember Dalack requested and received clarification that only one club had been planned since it would need to be restricted by the proposed • space, but if Mr. Bernstein's project became a reality obviously that would change. Councilmember VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 8 Genco questioned how the Police Department could work with private enterprise, to which Assistant Chief Garlo responded that Mr. Bernstein's location would provide all the facilities and the Police Department could maintain a community policing office within it as a means of maintaining the partnership and possibly still sponsor its own skateboard club to compete with other clubs. Councilmember Walker commended the youngsters for taking charge of their own program. Vice Mayor Schauer thanked Assistant Chief Garlo, Nelson Berrios, and Jeff Bernstein. Dottie Campbell asked whether the club would have age restrictions. Assistant Chief Garlo indicated most of the rules and regulations mimicked those of the YMCA, that those under ten would be evaluated before • being granting membership while those over ten would not be evaluated, that he hoped not to eliminate those living in nearby unincorporated areas from becoming members, and that the Village's insurance carrier would provide adequate coverage with no increase in premiums, except for contents within the storefront. Diane Reynolds asked how children would be chosen for membership. Assistant Chief Garlo indicated it would be "first come first serve" , but that would be a moot point if Mr. Bernstein's facility was developed, and notification of sign-up would be published in the newspaper or parents could call the Police Department regarding signup or to volunteer help. Councilmember Dalack indicated he favored inclusion rather than excluding anyone. Vice Mayor Schauer clarified that in the beginning the plan was to use one small storefront which had to be limited to 50 children because of lack of room; but if Mr. Bernstein's business was developed everyone could be included, • and his facility would not limit access. Mr. Bernstein displayed a drawing of the proposed floor • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 9 plan for his facility. Mr. Bernstein indicated no one would be excluded, that they would be open one day a week for ballroom dancing lessons, private parties, speed skating, fundraisers, figure skating, etc., and accommodating all the youth in the area he believed their target market would be 45,000 people. Mr. Bernstein indicated as soon as the lease was finalized that the project would be presented to the Village. Hal Hutchinson indicated a survey which asked if Tequesta should have a skateboard park for children to which 70o had responded no, and asked why this was even being discussed. Vice Mayor Schauer explained that of the people responding, 53 had been between ages 50-64 and 21 between ages 40-49, and most did • not have young children. Councilmember Walker pointed out that 57o had indicated they would be willing to pay to cover liability. Councilmember Genco indicated the way 200 people responded did not matter since they did not have to use Mr . Bernstein' s facility and the Village would not have to provide a skateboard park. Mr. Bernstein commented it would be a multipurpose indoor recreational facility where many activities would be offered. • Cindy Quinn, Chapel Court, indicated she had attended to bring her son to learn about the skateboarding opportunities, and was sorry there were a few older people not interested, but they should want a nice place that was safe for their grandchildren to play. Ms. Quinn asked the Village Council to support Mr. Bernstein in providing a safe place for other people's grandchildren. Mayor Capretta commented on how the population of the Village was changing, the popularity of skateboarding, how unsupervised skateboarding had caused problems, and the responsibility of the Village to provide a safe place fc~r the young people to play. Councilmember Dalack VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 10 ----------------------- indicated it was the Village's responsibility to provide safe facilities and stressed inclusion of everyone rather than exclusion. V. CONSENT AGENDA Mayor Capretta read the following items on the Consent Agenda: A) Approval of Community Appearance Board Meeting Minutes, January 10, 2001 B) Approval of Board of Adjustment Public Hearing Meeting Minutes, January 22, 2001. • C) Approval of Special Master Hearing Minutes, January 25, 2001 Vice Mayor Schauer made a motion to approve the Consent Agenda as read by Mayor Capretta. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. D) Approval of Public Works Committee Meeting Minutes, January 25, 2001. Councilmember Genco asked that the 5-0 vote on page 2 be changed to 3-0, commented this meeting had covered YMCA, streetlighting, Sprint cell tower location, etc., and asked if the Village intended to build a swimming pool. Councilmember Walker indicated she had asked the question at the meeting regarding swimming facilities with the intent that people making inquiries to the YMCA regarding swimming classes could be informed by the YMCA personnel of the nearby swimming facilities, one of • which was directly north of the YMCA. Councilmember Walker explained that neither the Village nor the • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 11 YMCA were able to offer swimming classes, but if residents called either the Village or the YMCA regarding swimming lessons for their children or grandchildren who needed to learn to swim to prevent drowning, she would like the personnel to be able to give them information regarding what facilities were available. Councilmember Genco inquired about exercise equipment at the recreation facility, to which Mr. Preston responded that equipment belonged to the YMCA, which they were in the process of removing. Councilmember Genco questioned why teen dances would be advertised when the Village Council had made such an issue about advertising the agenda in the newspaper Vice Mayor Schauer explained that announcements in the school newspapers were proposed, and that advertising needed to be done in order to • draw the teens. Councilmember Genco commented it had been an issue for one year about placing the agenda in the newspaper and the other publications mentioned at the Committee meeting to carry advertisements for the teen dances were newspapers that charged for advertising, and expressed concern that one segment of the population was being favored over another. Vice Mayor Schauer explained that the advertising would be in the form of press releases, for which the Village would not be charged. Councilmember Walker commented in the year and a half she had been on the Village Council she had been the only one who requested addition to the agenda of consideration for the agenda to be published, and it had then been approved the next month. Councilmember Genco commented that she had requested it numerous times. Councilmember Genco commented that the minutes indicated swales were to go wherever grates were, and noted that Country Club Point did have grates and wanted to know why the Village did not propose any swales there for Phase II construction, and asked • that this be addressed by engineering or the utilities department for the next meeting. Manager • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 12 Couzzo commented he would have to go back to the utility engineers and ask them to respond to that, but believed the reason was that swales were not being installed throughout the whole project and that it was a cost consideration, and the determination was made to put the improvements to the storm drainage systems in the areas that most required them. Councilmember Genco recalled there had been flooding there. Councilmember Walker commented that she had been informed the day before that plans for swales had changed and her house now would be swaled, and Mr. Jensen could provide the accurate information. Mr. Couzzo indicated he would obtain the information. Councilmember Genco made a motion to approve the Public Works Committee meeting minutes for January 25, 2001. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. E) Approval of Village Council Meeting Minutes, February 8, 2001. Councilmember Genco requested that the 9th sentence in the first paragraph on page 12 regarding her comments be changed to reflect that she had asked if the Village was looking for donations or if there would be costs, because so far the Village Council had only approved pursuing donated park space if it would not result in cost to the Village, and all of a sudden they were talking about costs. Councilmember Genco stated that was not reflected properly in the record and she would like that corrected. On page 14, line 4, Councilmember Genco asked where it stated that the Village Clerk advised that the Jupiter Courier would do some things free of charge, that the record be changed to read: Councilmember Genco noted • to Village Clerk Manganiello and was advised the Village Council had requested last year she look into VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 13 this and she had done so, and the Jupiter Courier would do some things free of charge but not this particular item. Councilmember Genco made a motion to approve the Village Council meeting minutes for February 8, 2001 as amended. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. F) Approval of Redevelopment Committee Meeting Minutes, February 21, 2001. Councilmember Genco commented that this committee meeting was for the Fire Rescue Facility, that proposed plans were discussed, some of the details of why the construction was the way that it was proposed, and the estimated cost of the facility, S which was all in the package passed out for the public to review. Councilmember Genco referred to page 5 under Financing, commented that she had attended as a private citizen, and had questioned why the items regarding finance were being discussed since they were not posted, and what she specifically said was the agenda given to her and to the public addressed simply the cost of the Public Fire and Safety Facility and that discussion of a bond issue close to $6 million dollars had not been posted in the agenda nor had material been given out to the citizens. Ms. Genco stated she said basically that since the material had not been posted and citizens had not had access to it, including herself, that it would be a violation under her perception of the Sunshine Law for this to be discussed. Ms. Genco commented what ended up happening then was the Mayor, who was head of this Committee, yelled at her and told her to shut up and 'sit down and to get out of here, which was not reflected in the minutes and she wanted it reflected in there. Arnold Blum asked to . make a comment. Mayor Capretta indicated he needed VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 14 to wait until Ms. Genco finished. Ms. Genco said her purpose was she was looking at the materials she received and posted for agendas as the Village's way of telling the citizens what the Village was doing and giving them the opportunity of coming if it was something that interested them. If it was not posted in the agenda, residents would not know, won't attend, and things would happen they would have questions about and wonder how they happened. Ms. Genco commented she was trying to do everything she could to make sure the residents got the information they needed and that it was posted in accordance with the Florida Sunshine Law. Ms. Genco stated she would continue to fight for that and if she was being told to shut down and get out she was not going to do it and she did not care who said it and she wanted the record to show that and if it continued to happen she was going to do it over and over again until the Village finally started posting things and giving people their opportunity. Councilmember Genco stated she had no other corrections to these minutes because that reflected what had happened. Arnold Blum, 410 Tequesta Drive, commented at past meetings where the Village Council felt the meetings might become controversial there had been police officers present to maintain proper order and conduct should a citizen become boisterous and demanding. At these meetings the Mayor and Dr. deHaven Smith announced that unruly participants would be removed from the meeting. Mr. Blum commented that with this in mind, the conduct exhibited by members of the Village Council at the past Redevelopment Committee meeting was reprehensible and by the Village's own standards the offending parties should have been ejected, that the Village Council should lead by example with the conduct they wished citizens to • follow and be subject to the same discipline. Mr. Blum noted Tequesta's Charter provided citizens an • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 15 avenue to file a formal complaint, and that debates where citizens and Council did not see eye-to-eye should be postured with respect by both sides, and when beliefs of Councilmembers interfered with their ability to impartially work with other Councilmembers and represent the people of this community, it was time to take a second look. Mr. Blum requested future meetings remain civil and respectful or residents would seek relief within the provisions of the Charter. Councilmember Genco made a motion to approve the Redevelopment Committee Meeting minutes for February 21, 2001 as amended. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. G) Approval of Village Manager's Report February 5 - March 2, 2001 Councilmember Genco questioned whether the letter from Commissioner Karen Marcus was in regard to the County's program for annexation of unincorporated areas, which had been discussed at a previous meeting. Village Manager Couzzo responded that it was, that Commissioner Marcus had invited him and other managers in the northern part of the county to attend a meeting, and it was hoped that the Village would be able to use the free services provided by the County for annexation. Councilmember Genco stated it was her understanding that there would be changes to State requirements for staffing Fire Rescue and EMS services. Fire Chief James Weinand reported two paramedic positions were currently open, and that he believed Councilmember Genco was referring to standards which might be adopted during the summer, but these would only be recommendations, not requirements. Chief Weinand commented that he would analyze the final draft when it was received to see if the Village would be affected. The proposed • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 16 standards would recommend 13-15 firefighters on the scene of a fire within 8 minutes and EMS response time of 6 minutes. Councilmember Genco commented that more facilities would be needed and since a new facility was proposed she wondered whether accommodations for that would be needed. Chief Weinand responded staff was looking at that. Councilmember Genco questioned whether it was appropriate in the case of Councilmembers meeting one-on-one with the attorney to discuss something that would be voted on in the future for one Councilmember to ask what another Councilmember was doing. Village Attorney Randolph responded they could ask, but it was not appropriate to pass on to a Councilmember what another Councilmember said, and that would be a back door violation of the Sunshine . Law. Councilmember Genco asked if it would be appropriate to ask the Village Manager or the Village Clerk what another Councilmember had said. Village Attorney Randolph indicated the Councilmembers should not ask, and if they used someone as a conduit to communicate one with another outside a public meeting that would be a violation of the Sunshine Law. Councilmember Genco made a motion to approve the Village Manager's Report for the period February 5 - March 2, 2001. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. VI. COMMUNICATIONS FROM CITIZENS Kara Irwin, 422B Cypress Drive, commented on her pride of living in Tequesta and thanked the Councilmembers who had worked for the past ten years to revitalize the area to its full potential. Ms. Irwin expressed her appreciation for the Fire Rescue personnel and the Police, and commented she hoped they got a new facility as soon as possible. • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 17 Joe Hall, Country Club Drive, expressed concern that he had heard Country Club Drive would not be closed in order to do the sewer work on Country Club Drive and Country Club Point, and wanted to know how the sewer would be put in and wanted to know when there would be a meeting with the residents before installation began. Village Manager Couzzo explained that an option under consideration was to install the sewering in the west right-of-way rather than down the middle of the road, which would necessitate closing only one lane. Mr. Couzzo indicated he would find out the next day whether plans had been finalized and when work would begin. Mr. Hall commented he failed to understand why the road could not be closed so that people's driveways, etc., would not have to be torn up. Peaav Verhoeven, Point Drive, extended an invitation to • Vice Mayor Schauer to attend a meeting of the Republican Club, and indicated that the new President, Tommy Thompson, did not realize all candidates were invited right before an election. Mrs. Verhoeven indicated the Town of Jupiter had been more cooperative than the Village office when she had called to request names and phone numbers. Mrs. Verhoeven spoke in support of Safe Harbor keeping their kennels and that they would appreciate a donation. Mrs. Verhoeven requested the Village consider having kennels of their own for holding animals overnight. Vi Laamanen, Palmetto Way, indicated she was very interested in the finances of the Village, the budgets and debt service, and requested notification of when the right time would be to bring up such items as the amount of debt that had been reduced during the past year, and what type of bonds were being considered to finance the new projects. Ms. Laamanen commented that through all the Phase I work, Tom Jensen had done an excellent job, but was only one man with many responsibilities, and after almost a year of living in dirt she believed Phase I should be finished • before Phase II began. Ms. Laamanen asked the Village Councilmembers to drive over and look at the Phase I work, • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 18 and asked for their help in getting all the efforts concentrated to finish Phase I. Harold Taylor, 13 Chapel Court, commented it had cost $87,750 to tear down 2/3 of the building at Tequesta Plaza and that projecting that out for demolition of the whole building the cost would be $132,000, and the original estimate had been $100,000. Mr. Taylor indicated that a contract for $165,525 had been awarded for Main Street, and that the original estimate had been $100,000; and that estimates given to the public at the August meetings for the Public Safety facility and Village Hall had increased. Mr. Taylor discussed future debt, which he estimated to total $18 million; and indicated that the amount of present debt was unknown. Mr. Taylor commented that last fall the voters had been denied the opportunity to vote on the • location of the new Village Hall by three members of the Village Council, and on March 13 the residents would have the opportunity to decide the future of the Village. Jim Humpaae, 426 Cypress Drive, commented he echoed the last two speakers but expressed support for a Fire Rescue facility. Mr. Humpage indicated cost estimates for the new projects had risen to about $10 million. Mr. Humpage commented he and ACT wanted a new Village Hall, but suggested downsizing to save money. Mr. Humpage asked that a Financial Committee meeting be held, and that the existing debt be known before spending more money. Mr. Humpage asked each member of the Village Council to call him to discuss the figures he had mentioned and if he was wrong he would state that at the next meeting. Richard Berube, 4 Country Club Circle, expressed disappointment that Mr. Ladd was retiring, and expressed concern that twelve people in management positions had left the Village over the past several years, stated that the reasons needed to be known and the situation stopped. Mr. • Berube commented he had been angry and had expressed that anger at the podium, and asked that a new era of civility VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 19 begin, and stated that he wanted to be the first to comply. Mayor Capretta commented several people had commented on financial matters and that very shortly a Finance Committee would be held to discuss the new projects and how to finance them. Mayor Capretta indicated that a new Finance Director was in place and the audit would soon be finished, and that this was a good time to obtain financing because of low interest rates. Russell J. von Frank, 489 Dover Road, observed that in a March 1999 Smoke Signals article, independent auditors had admonished the Village Manager and Council for lack of fiscal responsibility, and that the last Finance Committee meeting had been held in May of 2000. • VII. NEW BUSINESS 1) Consideration of Severance Payment to Scott D Ladd upon Resignation as Director of Community Development. Village Manager Couzzo reported that Mr. Ladd had accrued $16,533.60 in vacation and sick hours, and the Village Manager recommended an additional severance award totaling $6,094.74, the cash equivalent of six months health and dental insurance. Mr. Couzzo indicated there were more than sufficient funds budgeted for accrued compensation absences to accommodate these requests. Councilmember Walker asked what had been done for other long-term employees when they left the Village. The Village Manager indicated he had based this on Mr. Ladd and his tenure and that it was based on the individual and his job performance rather than a standard for . all individuals, unless the Village Council wished to do so. Assistant Village Manager Manganiello VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 20 explained that Mr. Ladd's was not an early retirement incentive which had been chosen by some of the past former employees, making this was a completely different situation. Mayor Capretta indicated he and the Village Manager had discussed retaining Mr. Ladd on an hourly basis as a consultant. The Village Manager indicated that a tentative agreement had been drafted which was under consideration by Mr. Ladd. Councilmember Dalack asked if Mr. Couzzo had had experience in this type of situation, and if the offer was consistent with other situations within his experience, to which the Village Manager responded affirmatively. Vice Mayor Schauer made a motion to approve the payout and accruals. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. 2) Consideration of Contribution of $1,000 for the Village of Tequesta's Share of the Funding Toward the North Palm Beach County Traffic Summit Coordinated by the FAU Joint Center for Environmental and Urban Problems, the South Florida Regional Planning Council, and the Florida Conflict Resolution Consortium. The Village Manager explained that Assistant Village Manager Manganiello had met with representatives who were planning a meeting, to be held March 30 and 31 at Palm Beach Gardens City Hall, and the Village had been asked to contribute $1,000, which could be taken from the Department of Community Development Miscellaneous Planning Services budget. Vice Mayor Schauer Contribution of $1,000 Share of the Funding County Traffic Summit. • the motion, which carr made a motion to approve for the Village of Tequesta's Toward the North Palm Beach Councilmember Genco seconded ied by unanimous 5-0 vote. • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 21 3) Resolution No. 23-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Professional Services Proposal with Gee and Jenson, Engineers-Architects Planners of West Palm Beach, Florida, for Professional Architectural and Engineering Services for the Design of the Public Safety Facility in the Amount of $245,600, plus $30,000 Reimbursable Expenses, with Funds Being Appropriated and Transferred from the $5,000,000 Line of Credit (Bank of America), and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Village Manager Couzzo explained that Assistant Village Manager Joann Manganiello had successfully reduced the cost of this item over $100,000 through . negotiations, and that the staff had had extensive input into the plans. The Village Manager reported survey results indicating the level of satisfaction of the community with their Public Safety Officers and rank and file. Mr. Tom Orlowski, AIA, Senior Vice President of Gee & Jenson, provided a presentation of the Fire Rescue building plans, which included allowing the Fire Rescue personnel to occupy a portion of the site during construction. Councilmember Dalack reported he had brought up the possibility of locating this facility on another portion of the site at the recent Redevelopment Committee meeting, and questioned whether this plan was dependent upon the precise location shown, to which the Village Manager responded that the plans and cost estimates were dependent upon the location. Mr. Orlowski explained that it would cost more to place a modular unit on the park for the Police and Fire Administration than to move them temporarily. Fire Chief Weinand indicated only he and the Assistant Chief and secretary would be leaving the • site during the construction period, which Village • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 22 Manager Couzzo indicated would be a considerable savings. Another huge savings would result from utilizing existing retail space at County Line Plaza and 250 Tequesta Drive to house the Police Department, Fire Operations, and Community Development, and rock bottom prices had been negotiated for the leases. The Village Manager reported Gee & Jenson had been the Village's professional architects and engineers for over a decade and a professional services agreement with them had saved considerable costs. Mr. Couzzo indicated the facility was designed to meet future needs as well as current needs and that millions of dollars would be saved over the course of a long term loan because of the reduction in interest rates. Vice Mayor Schauer questioned the number of hours for • monthly contractor pay requests shown in the agreement, and was assured the hours were shown correctly. Mayor Schauer questioned items not included in the scope of services such as lightning protection, and Mr. Couzzo indicated those items would be awarded to specialized companies as separate items. It was clarified that the fencing, gates, training tower, etc., would be designed as part of the project but the costs would be shown separately. Gloria Turgis, 331 Tequesta Drive, asked if the park would be affected. Councilmember Genco asked if the property where the water tower had been would be expanded into the park. Mayor Capretta responded that the park would eventually be expanded back and therefore would be larger. At the request of Councilmember Walker, Mr. Orlowski explained how the plans would tie into the park, keeping the existing fountain and adding a gazebo and walkways to enhance the use of the park. Village Manager Couzzo indicated that as the project progressed reports would be made to the Village Council and the public, • and clarified that the cost had been reduced over $345,000. Councilmember Walker thanked staff and Gee • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 23 & Jenson. Village Attorney Randolph read Resolution 23-00/Ol. Vice Mayor Schauer made a motion to approve Resolution 23-00/O1. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. • 4) Resolution No. 24-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Memorandum to Enter Into a Lease and Receipt for Deposit with Tequesta Business Associates for the Lease of Property Located at 250 Tequesta Drive, Tequesta, Florida, Suite 305, for Temporary Office Space for the Department of Community Development with Funds Being Appropriated from the Department of Community Development Enterprise Fund, Protective Inspections Office Lease Account, Having a FY 2000/2001 Budget Allocation of $10,815, and Authorizing the Village Manager to execute the Same on Behalf of the Village. Village Manager Couzzo explained this would provide temporary office space for the Department of Community Development in suite 305 which had become vacant. Councilmember Walker clarified the space size was 840 square feet, which Mr. Couzzo explained was a smaller space than they were in, but this was done to minimize costs, and some files could temporarily be stored in other areas. Mr. Couzzo • explained that it had been felt that having the Department of Community Development in close • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 24 proximity to Administration outweighed the higher cost of $4.00 more per square foot for their temporary quarters than leasing space in County Line Plaza. Councilmember Dalack commented this and following agenda items entailed a move. Councilmember Dalack expressed his opinion that Mr. Couzzo had done a remarkable job, and he felt the previous administrator had not given a true picture of what was going on and it appeared that because of the building design from which everything else flowed that the cost was going to be about a quarter million dollars more than necessary, and he hoped that such situations could be avoided in the future. Village Attorney Randolph asked that a statement be added to the lease that the deposit would be refundable if anything was proposed in the lease that was not • acceptable. Village Attorney Randolph read Resolution 24-00/Ol. Councilmember Genco made a motion to approve Resolution 24-00/O1. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for Councilmember Dalack stated his vote was a reluctant "yes". The motion was therefore passed and adopted. 5) Resolution No. 25-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Lease and Addendum to Lease with Tamwest Realty, Inc, for the Lease of Property Located at County Line Plaza, Tequesta, • Florida, 33469, Units 566 and 596, for Temporary Office Space for the Police Department and Fire VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 25 Rescue Administrative Offices Respectively, For An Annual Amount of $27,300 (Unit 566) and $16,800 (Unit 596) with Funds being Appropriated from the General Fund, General Government Temporary Facilities Account, Having a FY 2000/2001 Budget Allocation of $50,000, and Authorizing the Village Manager to execute the Same on Behalf of the Village. Village Manager Couzzo indicated that the agreement was predicated on a one-year lease with a month-to- month option based upon the status of the construction schedule, and the facilities would meet short-term needs. Vice Mayor Schauer expressed concern that the storefront had a lot of glass, to which the Village Manager responded modifications would be made to the window treatments. • Councilmember Walker asked how much time an on-duty officer spent at the office, to which Police Chief Allison responded the officers now did reports in their patrol cars on lap-top computers and he did not believe the change in location would at all adversely affect the officers' ability to do their jobs. Village Attorney Randolph read Resolution 25-00/Ol. Councilmember Walker made a motion to approve Resolution 25-00/O1. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - abstain Geraldine Genco - for Sharon Walker - for Councilmember Dalack stated he could not honestly vote either for or against. Village Attorney Randolph advised Councilmember Dalack that it was a violation of Florida Law to abstain. Councilmember Dalack stated he understood that he had violated the law. VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 26 Village Attorney Randolph explained that it was a violation of Florida statute to abstain unless there was a conflict of interest, and he had said in the past that if a vote was taken and one was silent, then the vote should be recorded as "yes", however, in this case Councilmember Dalack had chosen to abstain with full knowledge of the Village Attorney's advice. The motion was therefore passed and adopted. 6) Resolution No. 26-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Bid to William H. Murphy, General Contractor, Inc, of Hobe Sound, Florida, for Renovation of Temporary Office Space at County Line Plaza (Police and Fire Rescue Administrative Offices) in the Amount of $64,736 With Funds Being • Appropriated and Transferred from the $5,000,000 Line of Credit (Bank of America) and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. Village Manager Couzzo described proposed renovations, which he indicated had been provided to the Village Councilmembers in their backup material, explained that recommendation was to award to the low bidder of the five bids received, who had a positive history of working with the Village. Councilmember Walker questioned whether waiving fees to Community Development and bringing the temporary office space up to code hd been accomplished. The Village Manager indicated the building owner would have to meet code requirements, and that it would be up to the Village Council to decide if they wanted the fees to Community Development waived. Councilmember Walker questioned when that was to be considered since it was not on tonight's agenda. The Village Manager responded by suggesting the Village Council approve the contract award and not waive the fees, since he believed there was money in the budget to accommodate that item. Councilmember Genco commented that this VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 27 item and two other items were to be paid for from transfers from the line of credit and expressed hope that when projections were done for the cost of facilities that the line of credit balance was added, and expressed her opinion that should be financed also. Village Attorney Randolph read Resolution 26-00/Ol. Councilmember Walker made a motion to approve Resolution 26-00/O1. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - abstain • Geraldine Genco = for Sharon Walker for The motion was therefore passed and adopted. 7) Resolution No. 27-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal from William H. Murphy, General Contractor, Inc, of Hobe Sound, Florida, for Breakdown, Transport, and Reassembly of Modular Dispatch Consoles in the Amount of $1,920.00, with Funds Being Appropriated and Transferred from the $5,000,000 Line of Credit (Bank of America) and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. Village Manager Couzzo confirmed with Police Chief Allison that it was estimated to take 24 man hours to dissemble and reassemble the dispatch consoles. Village Attorney Randolph read Resolution 27-00/O1. • Vice Mayor Schauer made a motion to approve Resolution 27-00/O1. Councilmember Walker seconded VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 28 the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - abstain Geraldine Genco - for Sharon Walker - for When abstaining on this item, Councilmember Dalack requested that his reluctant "yes" vote on the first item in this series be changed to "abstain", and indicated that he would welcome the opportunity to argue this in court. Village Attorney advised that in order to go back and change a vote someone on the prevailing side must make a motion to reconsider. The roll call proceeded and the motion was therefore passed and adopted. • The Village Manager clarified that Items 8 and 9 had been pulled. 10) Resolution No. 30-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal from Father & Son Moving and Storage, Inc., of Jupiter, Florida, for Moving the Contents of Fire, Police, and Community Development Offices to Temporary Locations in the Amount of $4,386.00 With Funds Being Appropriated from the General Fund Government Temporary Facilities Account, Having a FY 2000/2001 Budget Allocation of $50,000, and the Community Development Enterprise Fund, Protective Inspections Temporary Facilities Account, Having a FY 2000/2001 Budget Allocation of $10,000, and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. Village Attorney Randolph read Resolution 30-00/O1. • Village Manager Couzzo explained that it was not • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 29 necessary to bring this item before the Village Council but he had wanted everyone to understand what was happening. Mr. Couzzo explained that three proposals had been received and he recommended the award to Father & Son Moving to allow professional movers to relocate Fire Administration, Police, and Community Development to their respective temporary quarters. Vice Mayor Schauer made a motion to approve Resolution 30-00/O1. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - abstain • Geraldine Genco = for Sharon Walker for The motion was therefore passed and adopted. 11) Resolution No. 31-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Contract Proposal for the Demolition of Village of Tequesta Buildings and Appurtenances, Located at 357 Tequesta Drive, Including Asbestos Survey and Temporary Fencing, to Thomas B. Cushing Demolition of West Palm Beach, Florida, Piggybacking Palm Beach County Demolition Contract No. 899740-D, in the Amount of $54,786, with Funds Being Appropriated and Transferred from the $5,000,000 Line of Credit (Bank of America) and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. Village Attorney Randolph read Resolution 31-00/O1. Mayor Capretta commented he had been waiting 13 years • for this. Councilmember Walker noted from the spec sheet that filling in a septic tank had been included • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 30 and questioned whether this property was on septic tank. Assistant Village Manager Manganiello verified that the property was on sewer but that item had been included just in case it was needed. Councilmember Walker questioned what the cost would be if a County contractor was not involved. Village Manager Couzzo indicated that was very difficult to project, however, the demolition cost for the Publix building had been $2.25 per square foot and this would be $1.90 per square foot, and additionally, everything possible would be done to salvage marble from the existing building for possible use in the new facilities. Councilmember Genco stated she wished to protest the concept, and since she felt this could have been accomplished in another manner which she believed could have saved money, she would vote "no". • Vice Mayor Schauer questioned whether storage space was available to accommodate the marble, to which the Village Manager indicated there was ample storage at either Public Works or the Water facility, and it could be stored outside. Vice Mayor Schauer questioned if the plaques would be salvaged. Mr. Couzzo indicated that anything that could be salvaged would be saved, and that the Fire Department had proposed using the building for search and rescue operations prior to demolition. Councilmember Walker requested trying to save the marble and that Mr. Stergas, the architect of record, had come up with a wonderful idea of etching into the marble the names of the Village Council and staff, and to include everyone who had served the Village, as well as firefighters and police who had died in the line of duty. Mr. Couzzo explained that the original concept had been to use the marble in the new foyer but it would depend on the size of the pieces that could be salvaged; however, every attempt would be made to save the marble. Vice Mayor Schauer indicated there • were other things in the existing building she would like to see salvaged. • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 31 Councilmember Walker made a motion to approve Resolution 31-00/O1. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - abstain Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. Village Manager Couzzo commented this concluded the agenda items regarding facilities, and recognized the considerable efforts of Assistant Village Manager Manganiello, Fire Chief James Weinand, Police Chief • Steve Allison, and Fire and Police personnel for their work on these matters. 12) Resolution No. 32-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Terracon Services, Inc., of Jupiter, Florida, in the Amount of $76,490.00 for Streetlight Conduit Installation and Landscape Improvements on Seabrook Road, Authorizing an Intra Fund Transfer of $138,000.00 to Fund this Project, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Village Attorney Randolph read Resolution 32-00/O1. Public Works and Recreation Director Gary Preston reported this matter had come before the Village Council on Monday of the previous week at their special meeting, and that of the two qualified bids received, Gee & Jenson had recommended low bidder Terracon Services. Mr. Preston explained that this • project had been budgeted over the last three years and would be shown as one line item of $118,000 under • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 32 the Undesignated Fund Balance for the complete project. Councilmember Genco questioned the installation of conduits for streetlights, which Mr. Preston explained was being done any time another project required tearing up an area. Councilmember Genco noted that the Village would have to have an electrician pull wire at some future point. Mr. Preston responded that would be done by FPL, who would handle everything after this point and would charge a monthly fee for electricity. Mayor Capretta commented that Adelphia Cable was boring under driveways to run their wiring to the other sides of houses and suggested the Village might be able to save money by using their pipes. Vice Mayor Schauer commented on a power problem at her home where FPL had corrected the problem by boring under her driveway and that the process had only taken a couple of hours. Councilmember Walker complimented Gee & Jenson for their excellent analysis which accompanied this and the next agenda item, and commented that Terracon Services was also certified as an arborist and for pest control. Patrick Irwin, whose company, Green Acres, did landscaping, irrigation, jack and boring, etc., indicated he was present to appeal the decision about to be made by the Village Council to award contracts to Terracon for Seabrook Road and to Aiello Landscaping for Country Club Drive. Mr. Irwin indicated he had bid both jobs and had given the Village a discount, and if he had been awarded the jobs the Village would have saved $13,100. Mr. Irwin explained that his bid was rejected because he did not have an FCLC Certification, that the FCLC Certification was from a private association--the Florida Nursery Growers Association (FNGA), and was a voluntary certification. Mr. Irwin advised he had • been in business since 1979, and had not heard of the certification because they had not quite made it to • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 33 South Florida but were mainly in northern Florida to this point, but when he learned of it he had taken the test and passed it. Mr. Irwin indicated that in his research regarding the FCLC certification he had learned that requiring this certification had been challenged in other entities but had never gone to court because the entities had backed down. Mr. Irwin indicated he thought the certification was a good idea. Mr. Irwin commented that one of his competitors, Mr. Aiello, had been instrumental in establishing the FCLC test. Mr. Irwin commented that in addition to appealing the FCLC certification requirement, he would also like to state that according to Palm Beach County Ordinance 97-56 referring to F.S. 489.127 that a contractor may not engage in irrigation work unless he or she holds a valid irrigation contractor's license and State plumbing license. Mr. Irwin indicated he had taken the liberty of researching the other bidders and that Terracon was fully licensed and fully capable of doing the work; however, with regard to Agenda Item 14, Aiello Landscaping was neither licensed nor allowed to bid irrigation work in Palm Beach County. Mr. Irwin reported that Aiello had listed a subcontractor in their bid to do the irrigation portion of the work; however, this was not allowed since he was not a General Contractor. Mr. Irwin noted it would be basically illegal to hire Aiello Landscaping to do the job, and the first offense was a first degree misdemeanor and the second time was a second degree misdemeanor, and he believed this would be Aiello's second job for the Village. Mr. Irwin stated he would like to work for the Village and invited that his references be checked. Mr. Irwin advised he had worked for the cities of Ft. Lauderdale, Margate, North Lauderdale, City of Hollywood, City of Cooper City as well as private . references. Mr. Irwin stated he had installed all the 45'-60' palms along Las Olas Boulevard in Ft. • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 34 Lauderdale. Mr. Irwin noted this was the Village Council's decision; however, it was illegal to have an uncertified contractor working on irrigation in the County of Palm Beach, and there were only three contractors in Palm Beach County cross referenced to have an FCLC certification, irrigation license, State plumbing license and General Contractor's license. Mr. Irwin responded to Councilmember Genco that he did not have certification as an arborist or for pesticide control, but had licenses for jack and bore installer, Florida certified well driller, licensed irrigation installer, and as a plumber in Dade County. Mr. Irwin indicated the FCLC was not a State certification requirement and if he had known of it earlier he would have become a member but he had been interested enough to spend the past two weekends • taking the test in Orlando, which he had passed. Village Attorney Randolph advised that as far as the appeal was concerned the Village was relying of the bids and specs, and the engineer had certified that this particular company did not meet the specs. The Village Attorney indicated there were two issues: one was that this company did not have the certified landscaping contractor's license and the other spec was that they did not have a certified arborist or pesticide applicator as required, and he believed the Village had a right to require such items in their specs. Village Attorney Randolph advised that therefore, he felt the award of this contract was appropriate unless the Village Council felt on the basis of Mr. Irwin's presentation they would like to give consideration to him, but if they did so they would have to re-bid. The Village Attorney stated he believed what had been done was appropriate and the Village Council had the authority to award the bid. Councilmember Walker commented that in 1993 when she moved here she had been a landscape designer and had • gone to work for Roy Rood, and that Mr. Aiello had also worked there a number of years and had begun to VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 35 form FNGA for the industry to regulate itself. Councilmember Walker stated she disagreed with the lack of importance given to FNGA. Councilmember Genco questioned where the requirements were found, to which Village Attorney Randolph responded that following the bid requirements was a general application of law in regard to bids, and the requirements were a part of the RFP. Vice Mayor Schauer commented that in a letter dated January 25, 2001 from Gee & Jenson they had indicated Green Acres did not hold a Certified Landscape Contractors License as required by the bidding documents and asked the attorney, in light of what had just happened, what repercussions might be suffered by the Village. Village Attorney Randolph advised this was the proper time for Mr. Irwin to appeal and that his • challenge might be presented in Circuit Court. Mr. Irwin had also filed a protest with staff. Ed Resnik, 342 Country Club Drive, reported Mr. Aiello had done the landscaping in the 300 block and part of the 200 block of Country Club Drive two years ago and had had an excellent crew who did an outstanding job. Councilmember Genco stated she saw no reason to waive the requirements of this bid. Councilmember Genco made a motion to approve Resolution 32-00/O1. Vice Mayor Schauer seconded the motion. During discussion of the motion, Councilmember Dalack indicated he wanted to be educated regarding performance bonds and questioned whether the contractor had to establish a performance bond or reimburse the Village for damages. Mr. Preston explained that the work was approved as the project progressed and if the work was not to the satisfaction of the Village then they did not make payment to the contractor. The vote on the motion was: r~ LJ • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 36 Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. Mayor Capretta questioned whether it was appropriate for the Village Council to discuss changing the bid, since he was unsure of the proper role of the Village Council since they had not been advised regarding the proper response to Mr. Irwin's appeal by the Village Attorney, the Village Manager, or Mr. Preston. Village Attorney Randolph indicated it was proper for the Village Council to discuss the bid since the Village Council had an option which he had advised them of--that they could reject all bids and decide to re-bid, relying upon the Village Attorney for legalities. Options available to the Village Attorney upon hearing Mr. Irwin's argument were that he could advise the Village Council that he thought it would be wise to defer until this could be looked at further or that he thought the gentleman had a good argument and the Village Council should consider it. The Village Attorney advised that Mr. Irwin had followed proper procedure. Councilmember Dalack questioned whether time was of the essence, to which the response was yes. Discussion ensued. Mayor Capretta inquired why this was presented, to which Village Attorney Randolph responded that it was right to consider it and that the point was not to make a legal determination but for the Village Council to make a determination as to whether they wanted to award, defer, or reject all bids on the basis of all the information the Village Council had, including the presentation, which was a policy decision. Mayor • Capretta indicated he did not consider this a policy decision, but was assured that it was a policy • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 37 decision by Village Attorney Randolph. Vice Mayor Schauer commented on the situation, noted that this was not the first time a contractor had appeared before the Village Council, and that Mr. Irwin had the right to be heard. 13) Resolution No. 33-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Proposal to Wynn & Sons Environmental Construction, Inc., of West Palm Beach, Florida, in the Amount of $41,957.50 for Pathway and Curbing Improvements on Seabrook Road, Authorizing an Intra Fund Transfer of $138,000 to Fund this Project and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. . Village Attorney Randolph read Resolution No. 33- 00/01. Gary Preston, Director of Public Works and Recreation, reported this matter had come before the Village Council on Monday of the previous week at their special meeting, and that Wynn & Sons was a County contractor which the Village had used for other projects in the past and they had provided excellent service. Councilmember Genco questioned the number of streetlights being installed, which Mr. Preston responded he believed there were eight in this section and that residential streetlights did not cost the Village anything except for installation of the conduit, and $6-$7 monthly for the electricity. Vice Mayor Schauer made a motion to approve Resolution 33-00/O1. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for i Elizabeth A. Schauer - for Basil E. Dalack - for • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 38 Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. 14) Resolution No. 34-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Contract to Aiello Landscape, Inc., of Hobe Sound, Florida, in the Amount of $126,092 for Swales and Landscape Improvements on Country Club Drive, Having a FY 2000/2001 Capital Improvement Fund Allocation of $130,000, and Authorizing the Village Manager to execute the Applicable Contract on Behalf of the Village. • Village Attorney Randolph read Resolution No. 34- 00/01. Gary Preston, Director of Public Works and Recreation, indicated that this was the final phase for Country Club Drive landscaping and swale improvements, and reported one qualified bid had been received and that Gee & Jenson had recommended awarding the bid. Councilmember Dalack questioned if it was accurate as Mr. Irwin had stated that Aiello was not properly licensed. The Village Attorney indicated that was a proper representation of what Mr. Irwin had presented but he did not know whether he was correct, and recommended that the Village Council award the bid subject to confirmation that Aiello was indeed properly licensed. Councilmember Genco expressed her opinion the trees were too close to the edge of the pavement and the canopies would create a tunnel for trucks to drive through in future years and in 15 years maintenance would be a nightmare. • Councilmember Walker made a motion to approve • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 39 Resolution 34-00/O1. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil E. Dalack - for Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. 15) Resolution No. 35-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for an Amendment to the Schedule of User Fees Provided in Section 9-55 of Chapter 9 of the Village Code of Ordinances; • Providing an effective Date; and Authorizing the Mayor to Approve the Same on Behalf of the Village. Village Attorney Randolph read Resolution No. 35- 00/01. Fire Chief James Weinand reported this was a part of the annual process of evaluating user fees comparing transport rates to those of the surrounding communities, and referred to the spread sheet provided. Recommendation was to adjust the rates for EMS transport to $320 per transport and mileage to $6.50 per mile, making the total transport charge from Tequesta to Jupiter Medical Center $346.00. Chief Weinand also recommended adding an ALS Level 2 user fee in order to maximize revenues allotted under the Medicare Reform Act and to help offset the cost of additional medications given to critically injured patients. Chief Weinand explained that Medicare paid $313.80 to transport to Jupiter Hospital and it only paid for transport to the closest appropriate hospital; therefore, if it was a cardiac case the • proper facility would be Palm Beach Gardens. Vice Mayor Schauer indicated she had heard of two cases • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 40 where the patients requested transport to Palm Beach Gardens and had to pay the difference. Chief Weinand was questioned whether if someone stated they were unable to pay the Village pursued payment. Chief Weinand responded the Village had no provisions not to pursue payment. The Vice Mayor asked if the Village would accept $1 per month, to which Chief Weinand responded yes. Chief Weinand commented that other payment plans might be considered at a workshop meeting. Councilmember Genco asked if the Medicare payment of $313.80 was also for ALS level 2. Chief Weinand advised that level 2 had not yet been established, but if a municipality did not have a level 2 rating that $313.80 was all they would be reimbursed. Chief Weinand indicated a study of actual costs of medication, etc., had been done to arrive at the proposed level 2 rate structure. Jim Humpage asked Chief Weinand to add an item to his report of the number of transports per month. Mayor Capretta indicated Chief Weinand was carrying out policy as indicated when he was hired, and commented it was not the job of the Village Council to get into details. Councilmember Genco commented that looking at the rates of other communities, Tequesta's rates were higher. Chief Weinand commented some cities costs were the same for ALS and BLS, and some were not licensed for BLS. Tequesta had no BLS rate. Chief Weinand indicated he had been basing his request on ALS only. Vice Mayor Schauer indicated that she thought a BLS rate should be established for the Village. Councilmember Genco requested this be deferred to next month and commented that she would like to see historical comparisons for the past three years. The Vice Mayor requested this item be tabled, that the information requested by Councilmember Genco be provided, and that a workshop be held for further • discussion. Chief Weinand advised there was no urgency to change the rates. Mayor Capretta • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 41 questioned what the current policy was and whether based on the rates proposed by Chief Weinand the program would make money. Village Attorney Randolph indicated that the policy was established by ordinance and if the Village Council wished to revisit the Ordinance they should do so at another time, and the Ordinance said the rates could be amended by Resolution, so the Village Council could pass the Resolution and then have a meeting about amending the Ordinance. Vice Mayor Schauer made a motion to table Resolution 35-00/O1. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for • Elizabeth A. Schauer = for Basil E. Dalack for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS A) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 14, Land Development, by Including a New Article VII, Preservation of Historic and Specimen Trees and Native Species Essential to Preserving Native Habitats; Providing for Purpose and Intent; Providing for Definitions; Providing for Criteria; Providing a Procedure for Designation; Providing for Enforcement; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. • Village Attorney Randolph read the above Ordinance on VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 42 Second Reading by title only. Peggv Verhoeven reported documents she had collected relating to this issue, and contacts she had made regarding banyan trees, which she had learned were considered an invasive exotic pest in South Florida and were a native to India, and were not preserved as historic trees in Florida. Ms. Verhoeven reported that banyans were a form of ficus. Mrs. Verhoeven requested these species not be preserved on residential properties, that the Village tread lightly and not cause problems for real estate, and expressed her opinion that a certified arborist should be on the Tree Board. Vice Mayor Schauer made a motion to approve the above Ordinance on Second Reading by title only. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. B) Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 7 of the Code of Ordinances of the Village of Tequesta Relating to the Community Appearance Board, By Amending Section 7-7, Powers and Duties as the Official tree Board of the Village; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. Village Attorney Randolph read the above Ordinance on Second Reading by title only. Vice Mayor Schauer made a motion to approve the above Ordinance on Second Reading by title only. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. IX. ANY OTHER MATTERS VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 43 Vice Mayor Schauer reported she had not yet written a letter to the School Board regarding Jupiter High School. After the SAC meeting the following week and after the new Superintendent started, she would write a letter for the Mayor's signature to make sure the School Board supported buying the land as required by South Florida Water Management District. Councilmember Genco requested addition to the agenda for the next Village Council meeting of a presentation by Margaret Inserra, Director of Lighthouse Center for the Arts, under New Business. Councilmember Genco requested that the agendas for Committee meetings state the location of the meeting. Councilmember Walker requested that Village Manager Couzzo prepare a report for next month's meeting regarding the March 2, 2001, Palm Beach Post article regarding FEMA redoing their flood zone maps and stating that Tequesta did not submit a report. Councilmember Walker stated she would like to know why Tequesta did not submit a report, and how that would affect insurance rates for the residents. Councilmember Walker asked where the Village stood on hiring a new Director for Stormwater Utilities. Village Manager Couzzo reported 16 candidates had responded which Human Resources had narrowed down to two which he had interviewed and he would discuss them with staff to analyze their shortcomings. Mr. Couzzo reported the position was currently covered by Mr. White for Distribution, Mr. Fallon for Water Production, and utility projects were being coordinated by Reese Macon. Mr. Couzzo indicated he was well aware that a Stormwater Utility Director was needed, and it was unfortunate that there was a very limited pool from which to draw. • Councilmember Walker reported she had had a meeting with the developer for Cypress Ridge regarding saving some of VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 44 the land in his development for a neighborhood passive park to be donated to the Village. Councilmember Walker announced that she had a meeting scheduled the next week with the Bay View Terrace Shady Lakes Homeowners Association on the same subject, which could help the Village comply with their Comprehensive Plan requirements. Councilmember Walker requested Mr. Couzzo prepare an update for next month's meeting on the status of the Village's compliance with the 1999 mediation agreement between the Village and ENCON, what Tequesta had done to comply, and when the agreement would expire. Councilmember Walker requested that next month the Village Council consider making a donation of money to the • residents in Phase I and Phase 2 of the sewer installation project who had been adversely affected by the stormwater drainage improvements so they could replace landscape materials. Councilmember Walker indicated Reese Macon was compiling a list of properties in Phase II, and requested the other Councilmembers go to look at the properties and she would provide them the addresses. Councilmember Walker advised she would bring up this subject again next month. Regarding the status of the YMCA, Village Manager Couzzo reported he had met with Mr. Preston regarding a proposal to bring to the Village Council, and explained that a special meeting of the Village Council might be needed at the end of March because of the timing of the summer program. Mr. Couzzo explained that he and staff would bring to the Council a recommendation for a combination of programs provided by the YMCA and by the Village, that the target was to have the YMCA program in March and the goal of having two entities was to maximize recreation services, and to see where the YMCA could best serve the needs and how the Village could get into offering other services. • Councilmember Genco commented that newly elected officers • VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 45 were supposed to be sworn in during the month of March. Assistant Village Manager Manganiello explained that Section 2.01 of the Charter referred to being sworn in by the end of March in the event of a tie. Councilmember Genco expressed her opinion that she had also read that the newly elected Councilmembers were to be sworn in during March. Village Attorney Randolph read aloud the applicable section of the Charter which indicated that in the event of a tie vote requiring a runoff election, newly elected Councilmembers shall take office no later than the last day of March of the same calendar year. The Village Attorney quoted from the previous section, stating that the term of office of each Councilmember shall commence on the next Council meeting subsequent to the date of his election and shall continue for two years thereafter until a successor is elected. Village Attorney Randolph stated that said to him that they should be sworn in at the next Council meeting, which was the way it had been done in the past. Councilmember Genco requested the Village Attorney advise further on this issue. Village Attorney Randolph indicated that instead of reading the Ordinance for agenda item B he had read the agenda item A Ordinance twice. The Village Attorney read the correct Ordinance at this time on Second Reading by title only. Vice Mayor Schauer made a motion to approve the above Ordinance on Second Reading by title only. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. X. ADJOURNMENT Vice Mayor Schauer moved that the meeting be adjourned. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 11:38 p.m. •~ VILLAGE COUNCIL MEETING MINUTES March 8, 2001 PAGE 46 Respectfully submitted, Betty Laur Recording Secretary ATTEST: Joann Manganiello Village Clerk DATE APPROVED: •