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HomeMy WebLinkAboutMinutes_Special Meeting_01/16/2001• 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 VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 16, 2001 • I. II. III. IV. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a special meeting at the Village Administration Offices, 250 Tequesta Drive, Tequesta, Florida, on January 16, 2001. The meeting was called to order at 4:33 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, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. APPROVAL OF AGENDA Vice Mayor Schauer made a motion to approve the agenda as submitted. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the Agenda was approved as submitted. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. Resolution No. 14-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Recycled Paper • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 2 ----------------------- Florida, Approving a Joint Project Participation Agreement With Loxahatchee River Environmental Control District (ENCON) of Jupiter, Florida, as it Relates to Having the Tequesta Country Club Phase II Improvements Project (Potable Water, Drainage and Street Light Conduit) Be Constructed Under ENCON's Gravity Sewer Collection System Contract and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Mayor Capretta read Resolution No. 14-00/Ol by short title. Village Manager Couzzo noted for the record that Richard Dent, Director of ENCON, was present at the meeting. The Village Manager explained that the basis for this agreement was an interlocal agreement to provide the services as stated. Consulting Engineer Tom Jensen explained this work was for Phase II which was the remaining portion of the • Country Club requiring replacement of existing water mains, improvements to the drainage system, and addition of streetlight conduits. The agreement would create a relationship between ENCON and Tequesta under the existing ENCON contract with Asphalt Consultants. Mr. Jensen reported he had negotiated with them and the price of $1,646,363 was in line with the engineering estimate. Mr. Jensen reported the agreement outlined what the Village and ENCON agreed to for construction of the project. Mayor Capretta questioned how the work would proceed, to which Mr. Jensen responded that in Phase I ENCON did their work first and the Village came behind them. In the proposal for Phase II, one contractor would do all the work and planned to start with sewer work in Anchorage Point, and then Country Club Point, where the Village had no improvements to do. At the same time, the contractor would have a second crew working in another area to do the water mains, conduit, etc., so that the sewer crews could then follow after finishing in Country Club Point. Councilmember Genco questioned why swales were not being added at this time. Councilmember Genco commented when someone had their driveway re-done they were required to install a swale, and questioned why the Village was • spending money to destroy the grading to install sewer lines if no swales were being installed. Mr. Jensen • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 3 ----------------------- responded the sewer mains would either go into one travel lane or in the middle of the road, and front yards would not be disrupted. Councilmember Genco questioned what she should tell residents since they had been told Country Club Point would be getting swales in this project. Village Clerk Manganiello explained that the swale policy was triggered when a resident installed a driveway, and that swales were to be installed at a future time. Mayor Capretta questioned where swales were being installed, to which Mr. Jensen responded that all drainage improvements were within the Country Club, and in the places where drainage structures were replaced, re-done, or a new drainage structure installed, a Swale was required to be installed by South Florida Water Management District and would extend out on each side, in some places the length of possibly 3-4 houses and in others only one lot, according to each situation. Mr. Jensen indicated he would research his records to find out how the information got • to Country Club Point that they would be getting swales in this project. Councilmember Genco indicated that former Utility Director Grusauskas had said the swales would be installed. Mayor Capretta commented that one day a public meeting would be held with all the residents of the Country Club to discuss the entire sewer plan, scheduling, etc., and this time the information must be very specific, neighborhood by neighborhood, as to what would be done, where work would be done, where precisely lift stations would be located, where swales would be installed, where swales would not be installed, where stormwater drainage would be installed, where streetlighting would be installed, and explain block by block what would happen. Mayor Capretta commented that a map should be provided so residents could be shown in their area what would happen. Councilmember Genco commented it was her understanding the Tequesta water improvements would not be passed on to the residents, but ENCON would require the residents to pay their pro rata share. Councilmember Genco indicated she believed the promises made showed lack of planning and that she thought residents would want swales because otherwise they would have flooding, and that the appropriate time to install swales was when construction was already being done. The response was that swales were not included in this project, and Mr. Jensen stated again that he would find out how Country Club Point residents came to believe • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 4 ----------------------- they would be getting swales at this time. Councilmember Walker questioned how streetlight conduits could be installed prior to laterals in Anchorage Point if it was low pressure. Mr. Jensen explained those sewers were gravity and reviewed the procedure for installation. Mr. Jensen stressed the advantage of having only one contractor do all the work. Councilmember Walker was assured the laterals would be installed at the proper depth. An estimate of the total cost for Ric Man to correct the improperly laid laterals would be done when the magnitude of the work was known. The Village had paid $24,745 to date, and discussions had been held with ENCON regarding the Village being reimbursed for their portion. Councilmember Walker requested the Village be reimbursed, and Mayor Capretta commented that was the problem with having two contractors. Mr. Jensen explained what had happened to cause the problem. Mr. Jensen indicated that new rules had been in effect and attempts had been made to • coordinate during construction which had not been very successful. Mr. Jenson explained that he had discussed the problems with Paul Brienza of ENCON and that ENCON would revisit their plan for Phase II to keep that from happening again. Councilmember Walker referred to page 2 of the agreement regarding what the Village was expected to perform, and stated the Village was not in that business. Mr. Jensen responded that pending approval by the Village Council, agreement had been reached to have continuity of the project with one consultant to oversee both the Village and ENCON's improvements. Mr. Jensen pointed out there were two documents within the agreement, the first was agreement between the Village and ENCON to participate together; the other one covered the funding aspect for construction and engineering fees. Mr. Jensen indicated to Councilmember Walker that as the Village Consultant he was comfortable with performing and administering the gravity sewer and obtaining all the necessary permits, and explained that certification would be done at the end of the project. Mr. Jensen explained that the Village was responsible to obtain ENCON's permits. Councilmember Walker referred to page 1 which indicated ENCON agreed to reimburse the Village monthly for their fair share of engineering costs, with which Mr. Jensen indicated he was comfortable, and explained that as Reese Macon submitted invoices ENCON would provide reimbursement according to the • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 5 ----------------------- agreement. Councilmember Walker questioned if the Village was being reimbursed above what it would do if there were separate contractors. Mr. Jensen answered yes, that the engineering fees were split based upon the percentages, that ENCON's percentage was 51.75% and the balance was the Village's portion, which went back to the contract with Reese Macon. Vice Mayor Schauer expressed her opinion that it was a good idea to work hand in hand with ENCON and suggested a joint meeting between ENCON, the Village, and the Phase II residents, with the ENCON representatives and the Village Council sitting at a table to answer questions and to show on a map the location of every lift station, every streetlight, etc., so that everything would be ironed out before starting construction and there would be no surprises for the residents. The Vice Mayor indicated that there might have to be several meetings because the project covered such a large area, and so all residents would have an opportunity to attend, and stated Mr. Dent was present, and she hoped the meetings would happen. Vice Mayor Schauer noted that this Village Council was trying to have more communication with the residents, and strongly suggested 2-3 nights be designated for the residents. Mayor Capretta suggested having a meeting to discuss the whole Phase II project, then to have separate meetings for specific areas such as Bay Harbor, so that residents only interested in that area could find out the specific plans for that area. Mayor Capretta suggested breaking up the project meetings in this way because the area was so large. The Mayor also suggested a progress report be prepared for each area, and stated that all people really wanted to know was what was going to be done on their street, when it was going to be done, and when it would be completed. Mayor Capretta commented people were unhappy because they saw in Phase I that nothing was completed. The Mayor explained that the Village and ENCON both hiring the same consultant to oversee the project should provide a better oversight and understanding of how progress was being made. At the end the problem would be who would fix the mistakes and who would pay for them. Mayor Capretta suggested a plan be drawn for the next month to show people exactly where construction would proceed and to show exact addresses, and to send letters to those addresses advising their area would be discussed on a certain date. Vice Mayor Schauer stressed she wanted every fire hydrant, streetlight, etc. VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 6 ----------------------- shown exactly where it would be installed, and if a resident could not attend the meeting a neighbor could report to them. Mr. Dent advised that the intent was to mobilize in Anchorage Point and that area would be completed in 30-60 days. Mayor Schauer commented that was not a big area, and every resident should get a letter notifying them ahead of time. Village Manager Couzzo commented staff knew of the need to improve communications and agreed holding neighborhood meetings well in advance of doing the work would be beneficial. Mayor Capretta warned that no promises were to be made that could not be accomplished; and commented residents had been promised a newsletter every two weeks that had not happened. Mr. Jensen indicated that was his fault. Mr. Dent advised that residents could receive an update by accessing the ENCON website, and that possibly the website could be made easier for the residents to access. It was suggested the website address be placed in the Village newsletter. Mr. Dent advised that an open house concept had worked well for ENCON in the past, where their people were available for 2-3 hours one evening and could speak one-on-one to residents and show each person on the plans how their property would be impacted. Mr. Dent agreed that holding a series of meetings might work, but there must be a timing consideration in that the contractor must determine the time of the job and it was important to continue the dialogue with the contractor so that ENCON and the Village knew where he was going next. Mr. Dent advised the meetings should not be held too far in advance of the work. Mayor Capretta commented someone must be available at the meetings to discuss specific addresses and what would be done on that property. The Mayor indicated that first, a plan of all details must be made; and second, the area where the contractor would start work first must be determined and those people invited to a meeting. The Mayor commented each person wanted to know about their property and someone must be present to tell them, that not all of those invited would show up and some would say after the work was finished that they had not been notified, but nothing could be done about that. Mayor Capretta stated that there must be a plan and a progress report, and that whatever was promised must be done. VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 7 ----------------------- Councilmember Genco questioned the Village's obligation regarding over runs or change orders requiring more money, to which Village Manager Couzzo responded that was up to the Village Council, since there was a $53,000 contingency, and change orders required approval by the Village Council. Mr. Couzzo indicated since the Village Council only met once a month they could delegate authority to execute up to a certain sum. Mayor Capretta expressed his opinion that the contingency amount was too small. The Village Manager suggested the Village Council could hold a special meeting to consider requests for higher amounts. Mr. Jensen commented that when the reverse osmosis plant was built there had been a $100, 000 contingency and the Village Manager had had that to work with, but in that job it was never used. Vice Mayor Schauer questioned where additional funds could be found in the event the $53,000 contingency ran out, to which the Mayor responded that staff would have to look at where to get a more adequate reserve. The • Village Manager indicated he would provide reports on how much of the contingency was used, and if half of it was used at that point he would place it on the agenda. Mayor Capretta commented the Village was spoiled by not using any of the contingency funds for the RO plant, and that $150,000 would be a more appropriate contingency for this project. Vice Mayor Schauer requested a memo from the Village Manager each time change orders occurred and contingency funds were used, stating in the memo the amount of the change order and the amount left in the contingency fund. Vice Mayor Schauer indicated with this meeting the Village Council would respond back to Mr. Couzzo. Mayor Capretta agreed but requested that in the meantime the Village Manager research reserves so he could tell the Village Council where another $100,000 could be found. Councilmember Genco questioned what penalties were in place should completion not occur by the designated date. Mr. Dent reviewed the penalties as stated in the contract. Councilmember Walker reviewed the language as stated in page 4 paragraph 16 of the agreement regarding responsibility for additional work and requested the same language be placed in each agreement. Village Attorney Randolph indicated it was included in the funding agreement • but did not object to adding it to the other document. Mr. Dent indicated he had no problem with the addition but would need to get his attorney's position. • VILLAGE COUNCIL SPECIAL MEETING MINUSES January 16, 2001 PAGE 8 ----------------------- Councilmember Dalack recalled that the reason the Village wanted to do the project with ENCON using the same contractor was to save money, and asked how the percentages allocated of 51.750 to ENCON and 48.25% to the Village had been determined and how the Village was saving money. Councilmember Dalack questioned if the Village were not involved and ENCON was doing this project alone, what their cost would be. ENCON's severing project was stated at $1.76 million if the Village was not involved. Discussion ensued. Village Manager Couzzo explained that ENCON's portion was $1,766,000, the Village's portion was $1,646,363, reflected by the percentages based on the total. Councilmember Dalack asked how the Village was saving money. Mayor Capretta responded that ENCON could have done their whole project, and later the Village could have done their whole project for an unknown total, possibly $4 million. Instead, the plan was to have both projects done while the streets were torn up. Village Manager Couzzo commented the savings would not be known until the project was completed. Mr. Dalack asked if he could tell the residents the Village was savings money, to which the Village Manager responded, yes. Mr. Couzzo explained there were a variety of reasons that a figure could not be determined at this point, such as the Village had not bid out the job, coordination factors, and disruption to residents, but expressed his opinion that the Village was saving money. Mayor Capretta noted there were efficiencies in all aspects of the job and estimated that this plan would increase efficiency to the point of saving an estimated $200,000. Councilmember Dalack responded he was not contesting that. Mayor Capretta estimated 10-15% savings in the overall project. Councilmember Dalack questioned why the burden for the Village was 48.25% and for ENCON was 51.750. Discussion ensued. Auditor Daniella Russell explained how the allocation had been made based on each party's cost. Councilmember Genco commented ENCON had bid out the cost of improvements which came to $1,766,000 and their percentage reflected that amount, while the Village's percentage reflected their negotiated cost. Councilmember Genco questioned how the ratios for Phase I compared to the ones for Phase II. Mayor Capretta clarified this was just regarding the contract value. The • auditor's response indicated, as Councilmember Genco commented, that the ratios for Phase II were not too far VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 9 ----------------------- out of line plus consideration must be given to less disruption for the residents in Phase II. Mayor Capretta noted that ENCON's expenses for both Phase I and Phase II were approximately the same, but there had been several complaints from the public on Phase I and it looked like the Village would save some money but would certainly save ~~nistakes, problems, complaints from the public, and get the job done in a more rational way, so that from a logical point of view using one consultant to oversee the project and one contractor was the way to do Phase II. Village Manager Couzzo noted that comments from residents at the Village Council meeting had been that the last contractor had to clean up after the first, which could be very expensive. Councilmember Walker made a motion to approve Resolution No. 14-00/O1 with language as stated in page 4 paragraph • 16 of the funding agreement to be added to the other agreement so that the same language would be in both agreements. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. V. Resolution No. 15-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Joint Project Funding Agreement with .Loxahatchee River Environmental Control District (ENCON) of Jupiter, Florida, as it relates to the Tequesta Country Club Phase II Improvements Project, (Potable Water Drainage and Street Light Conduit) in the Total Amount of $1,646,363,000 with Funds Being Appropriated from the Following Funds Within the FY 2000/2001 Budget and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Mayor Capretta read Resolution No. 15-00/O1 by title. Village Attorney Randolph commented he wanted to be sure everyone was on the same page regarding Item 11 on page 2 which stated in part that the Village shall be responsible • for any costs caused by Village's delays including but not limited to change orders attributable to reported discrepancies, and that he had asked Tom Jensen if he was • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 10 ----------------------- comfortable with that since it left a blank check because ENCON could come back and say the Village agreed to pay any cost that occurred to them on their project as a result of a delay. Mr. Jensen had indicated he thought that was fair. Attorney Randolph questioned whether there was any situation in which ENCON might cause delays to the Village, and if so, that should be included as an additional sentence. Mr. Jensen noted ENCON had placed that language in the agreement because of delays they could experience because of the process involved, for example, if getting a change order approved could not be done until the next Village Council meeting and the contractor refused to proceed without the change order. Mr. Dent verified ENCON could approve change orders and get them approved by their Board later. Village Attorney Randolph advised that if there was a situation where the Village's work could be held up on the Village's job because of a change order, then the Village should have reciprocal language in the • contract. Adding the language was discussed. Councilmember Dalack indicated he found the language confusing, to which Mr. Dent responded the intent was if the contractor needed a change order for something the Village requested, ENCON wanted to be sure the Village approved that change order and brought it through. Mr. Dent agreed adding the reciprocal language made sense, but he needed to defer to ENCON's engineer or legal council, and if they had no objections, his answer would be yes. Mayor Capretta requested Attorney Randolph look into that with ENCON's attorney. Councilmember Walker stated she would like to add a new paragraph stating the reciprocal language, which Mr. Dent's attorneys could object to or not. Councilmember walker referred to Resolution 15-00/Ol page 2, paragraph 2, which stated $239,000 of grant proceeds from FEMA were not included, and questioned the status of that grant money. Mr. Jensen explained that the signed contract had been received from the State, and that he was waiting for drainage to be installed so he could request funds. Auditor Daniella Russell explained that any time money was coming from FEMA the contractor must be monitored, and that $239,000 or more was anticipated; however, it took more time to receive funds when Federal • money was passed through the State. Councilmember Walker referred to paragraph 8, page 2 of the agreement, which indicated the Village must pay ENCON 30 days from receipt VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 11 of notice for engineering costs, and asked when that might need to be paid. Auditor Daniella Russell explained that as the project progressed the engineer would submit bills for his time, so each month the bill would come in and within 30 days would need to be paid. Mr. Dent commented on paragraph 11, which had two sentences, the first in regard to consideration on the part of the District to the Village, the fact that if the Village wanted a change order they had to go through ENCON, but the District did not have to get approved by the Village. Mr. Dent stated he saw no need for reciprocal language in regard to the first sentence, only the second, to which Village Attorney Randolph stated agreement. Councilmember Walker questioned in paragraph one of the agreement which indicated the balance in the water fund pending audit adjustments, and questioned what happened if • there was not enough money. Auditor Daniella Russell explained $600,000 was already budgeted, $954,000 was needed, and that $354,000 would be taken from reserves. Vice Mayor Schauer asked for an accounting statement of the amount in Undesignated Funds. Auditor Daniella Russell responded that would be presented in the audit report, which would be as of September 30, 2000, and the Finance Department would provide an update from that time. Village Manage Couzzo referred to page 2, item (5) of the agreement and noted the District's number was going to change as a result of change orders already executed of $15,000 for engineering fees but there would be no cost to the Village, since it was a sewer change order. Councilmember Genco made a motion to approve Resolution No. 15-00/O1 subject to change in the second sentence of Paragraph 11 and the computations. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. VI. Resolution No. 16-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Proposal with Reese, Macon & • VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 12 ----------------------- Associates, Inc., of Lake Worth, Florida, for Engineering Services During Construction (Contract Administration/Inspection Services) For Phase II Improvements within the Tequesta Country Club (Water Main, Drainage, Gravity Sewer, Street Light Conduit and Road Reconstruction) in the Total Amount of $195,000, in Accordance with the Joint-Project Participation/Funding Agreements with ENCON, with Funds Being Appropriated From the Following Funds within the FY 2000/2001 Budget and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Village Clerk Manganiello brought to the attention of the Village Council that in the prior Resolution No. 15-00/Ol, the Village Manager had not been authorized in the motion to approve change orders up to $53,000 or to qualify that to provide reports before that amount was used up. Village • Attorney Randolph advised it was not necessary to include that in the motion. Village Clerk Manganiello advised that in Resolution No. 16-00/O1 the amount of $195, 000 should be $210, 000, and the Village's short title would be changed to $210,000. This reflected a change in the amount of Engineering costs incorporating the $15,000 sewer change order. Councilmember Genco made a motion to approve Resolution 16- 00/01. Vice Mayor Schauer seconded the motion, which carried by unanimous 5-0 vote. VII. ADJOURNMENT Councilmember Genco moved that the meeting be adjourned. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 5:56 p.m. Respectfully submitted, • /`~. VILLAGE COUNCIL SPECIAL MEETING MINUTES January 16, 2001 PAGE 13 Betty Laur Recording Secretary ATTEST: J ann Manganie o Village Clerk DATE APPROVED: r~ ~~ •