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HomeMy WebLinkAboutMinutes_Regular_09/28/2000 I. CALL TO ORDER AND ROLL CALL VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES SEPTEMBER 28, 2000 ~1 ~ J a VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 28, 2000. 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: Acting Village Manager and Village Clerk Joann Manganiello, Village Attorney John C. Randolph, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Schauer gave the Invocation and led those in attendance in the Pledge of .Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Dalack requested Agenda item IX (A) regarding the hiring of a new Village Manager be moved to immediately follow Communications from Citizens. Vice Mayor Schauer requested addition of a presentation under Any Other Matters regarding Bureau of Land Management. Councilmember Walker requested the following additions Recycled Paper VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 2 under Any Other Matters: (1) Status report from Scott D. Ladd, Director of Community Development, regarding the parking lot at Gallery Square North; (2) Tequesta Post Office; (3) Addition of a new portion of the agenda to be "Reports of Council". Councilmember Genco requested items 14 and 15 under V regarding the budget be reversed. Village Attorney Randolph inquired as to the reason for this request, since the statute required announcing the millage rate and then approving the budget; to which Councilmember Genco responded that the budget drove the millage rate, therefore, she felt the budget should be discussed before the millage rate was approved. Village Attorney Randolph advised the items could be reversed for discussion but the motions for those items needed to be made in their order on the agenda. Acting Village Manager Manganiello requested addition under Any Other Matters of FEC railroad crossing closure at Tequesta Drive. Councilmember Genco made a motion to approve the Agenda as amended. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. COMNIONICATIONS FROM CITIZENS Richard Berube, 4 Country Club Circle, requested the status of the sidewalk and the monuments across .from Tequesta Country Club. Mayor Capretta responded he did not know if there was an official status, but that he knew the old Board of Directors had been thrown out and a new one VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 3 put in who had pledged to remove the monuments. They then decided they didn't want to remove the monuments without a referendum, and then got the Country Club President to write a letter to all the homeowners living on the golf course who belonged to the club, asking for their support. The referendum was held, with approximately 3-1 in favor of removing the monuments. Mr. Anderson, President of TCCCA, had indicated he would not have the monuments removed until another meeting was held. Apparently everyone who attended the meeting was against the removal, so no decision was made, and they decided to wait 30 days. Mayor Capretta reported that since then the Country Club Board had voted to help pay for removing the monuments. No decision had been made to date, and Mayor Capretta had heard that the plan was now to wait until more people were back in town. Pert Town reported that at the last official meeting, which was the meeting held at Village Hall, the Board had said the markers would be coming down and the • Country Club would be contacted about contributing to the cost. Director of Community Development Scott D. Ladd reported no permits had been requested. Mayor Capretta commented the decision included removing. the two monument signs, repairing the sidewalks and shrubbery, perhaps replacing a small monument approximately 100 feet from the signs, building back the old north gate with identifying signs because the plaques placed at the Village limits referred to the north gate, and erecting a new sign at the Village limits to indicate one was entering the Tequesta Country Club Association area. The Mayor commented he would speak to Mr. Anderson again next week, and that this was taking longer than anyone dreamed. Russell Von Frank, 489 Dover Road, questioned what plans had been made for Fire, EMS, and Police services during the closure of Tequesta Drive. Acting Village Manager Manganiello responded she had planned to address this under Any Other Matters. Mayor Capretta requested the matter be addressed at this time. Ms. Manganiello explained that two signs, facing east and west, had been placed at the FEC crossing on Tequesta Drive, indicating that crossing would be closed for rehabilitation October 2 through October 4, which would also be announced in the Palm Beach Post and Jupiter Courier. In addition, Acting Village Manager Manganiello explained that provision had VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 4 been made for Fire and EMS services to be housed east of the FEC railroad for the duration of the closure, with an ambulance and the aerial fire truck accommodated at the Bridge Road facility. Police would be in their regularly scheduled zones on both the east and west sides of the railroad. Peclcty Verhoeven, Point Drive, commented that a letter dated September 10 written by Councilmember Walker to Robert Hoya of the Chamber of Commerce had come to her attention. Mrs. Verhoeven expressed shock regarding the contents of the letter and her opinion that Councilmember Walker had attacked, defamed, and discredited an upstanding citizen. Mrs. Verhoeven commented on her own accomplishments made while working with the Chamber of Commerce for six years, which she noted had not been done by attacking anybody's character. Mrs. Verhoeven commented Mrs. Walker had caused embarrassment to the Council and the Village, and had hurt herself by doing so. Mrs. Verhoeven quoted from minutes of a prior meeting, expressed her opinion that another letter should be written to apologize, requested and received verification that Mayor Capretta had not sanctioned this letter, and expressed concern that a lawsuit might result from this situation. IX. A) Resolution 84 - 99/00. A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving an Employment Agreement with Michael R. Couzzo for the Village Manager Position and Authorizing the Mayor to Execute the Applicable Agreement on Behalf of the Village. Mayor Capretta commented that some of the Village Councilmembers had had outstanding issues at the last Village Council meeting regarding the agreement which had been negotiated by the Mayor and Village Attorney to hire Michael R. Couzzo as Village Manager. Mayor Capretta commented that since a decision could not be made at the last Village Council meeting, he had suggested the Councilmembers meet with Mr. Couzzo during the two- week period before this Council meeting to question him and see if they could support him. Mayor • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 5 Capretta indicated that Councilmember Dalack also had had an issue he wanted to investigate. Mayor Capretta commented he assumed Mr. Dalack had conducted his investigation and that the Village Council was now ready to vote on Mr. Michael Couzzo as Village Manager and approve the contract as negotiated. Councilmember Dalack explained that on September 14 he had indicated he had questions about Mr. Couzzo's status, and had subsequently contacted Mr. Stephen Loffredo, the prime mover on the Miami Shores Village Council to have Mr. Couzzo terminated. Councilmember Dalack reported he and the detective who had worked on the investigation had made arrangements to meat with Mr. Loffredo in Miami Shoes. After Mr. Loffredo indicated he did not_wish to meet in person, he and Councilmember Dalack had had a lengthy telephone conversation, during the course of which Mr. Loffredo made the • following statement as quoted by Councilmember Dalack: I initiated the action to terminate Mr. Couzzo based on policy and performance issues that had arisen. There is no basis for any accusation that Mr. Couzzo engaged in any illegal activity. Councilmember Dalack commented if the prime accuser of Mr. Couzzo had no basis for any accusation for illegal behavior then he was satisfied. Councilmember Dalack stated that previously a report from the State's Attorney office in Dade County had been received that indicated there was no basis for a criminal filing for violation of the Sunshine Law or minor financial issues. Mr. Dalack stated he was satisfied. Vice Mayor Schauer reported she met with Mr. Couzzo,_ wha had satisfied her questions regarding his background check during a lengthy conversation. The Vice Mayor publicly apologized to Mr. Couzzo and to the Village Council, stating she had not realized she could have telephoned Mr. Couzzo. Councilmember Walker reported she and Mr. Couzzo had had an extremely good conversation, that he had satisfied her concerns regarding the employment contract, and thanked Mayor Capretta for the • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 6 opportunity of having a one-on-one conversation with Mr. Couzzo. Councilmember Walker thanked Mr. Couzzo, and stated she was prepared to vote on this matter. Mayor Capretta requested and received verification that there were no other questions and that all of the Councilmembers had reviewed the most recent employment contract. Village Attorney Randolph requested and received clarification that the contract was the one under his cover letter dated September 27, 2000 with the highlighted changes and that the Resolution had the new contract attached. Village Attorney Randolph read aloud Resolution 84- 99/00. Vice Mayor Schauer made a motion to approve • Resolution 84-99/00. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. Mayor Capretta called on a member of the audience who had indicated he wished to speak. The resident responded that it was now a moot point and Robert's Rules of Order had been totally ignored. Acting Village Manager Manganiello commented that Richard Diamond's temporary employment agreement, which had been recently extended, stated he would be in the Village's employ up until a Village Manager was hired. Acting Village Manager Manganiello commented that aside from many issues he had helped deal with on behalf of the administration and the Council, Mr. Diamond had been negotiating 3-year contracts with the FOP and CWA unions, and suggested perhaps it might behoove VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 7 the Village to extend Mr. Diamond's temporary employment to October 13, the day following the October 12 Village Council meeting, and if Mr. Couzzo wished a further extension because of the status of the union negotiations at that time, he could make such a recommendation at the October 12 meeting. Acting Village Manager Manganiello commented that the FOP negotiations had gone extremely well and were near ratification, and CWA was still in process of negotiation. Councilmember Genco made a motion to extend Richard Diamond's employment agreement, possibly for 30 days, and to discuss an appropriate term. Following discussion of this matter, Councilmember Genco made a motion to extend Mr. Diamond's temq~orary agreement until October 13, 2000, at which time the Village Council would consider whether to extend the agreement beyond that date. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. X. PUBLIC HEARINGS A) Review of Proposed Village General Fund, Improvement Bond Revenue Fund, Capital Improvement Fund, Capital Projects Fund, Water Enterprise Fund, Refuse and Recycling Enterprise Fund, Stormwater Utility Enterprise Fund, Community Development Special Revenue Fund, Pension Fund(s) and Special Law Enforcement Trust Fund for Fiscal Year 2000/2001. °~ 1) Announcement of Village of Tequesta Proposed Millage VILLAGE COUNCIL MEETING MINUTES Septen~er 28, 2aoo PAGE 8 Rate (6.7305) and Percent (2.86) by Which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.5431) The Acting Village Manager announced the Village of Tequesta Proposed Millage Rate (6.7305) and Percent (2.86) by which the Proposed Millage Rate Exceeds the Rolled-Back Millage Rate (6.5431). 2) General Fund Acting Village Manager Manganiello provided a synopsis of the General Fund, as follows: Revenue from Taxes, Licenses & Permits, Inter-Governmental, Charges for Services, Fines and Forfeitures; Miscellaneous Revenue, Inter-Fund Transfers and Intergovernmental totaled $5,794,565. Expenditures of the General Fund: Council Operating Expenses • $24,625; Manager $311,148; Personnel Division $64, 932; Clerk $31, 970; Finance Department $261, 369; Legal Services $118,450. Other General Government $385,522; Total General Government $1,198,016. Police Department Expenditures Administration Division $336,132. Police Communication Division Expenditures $259,575. Police Compliance Inspection Division $92,409. Police Investigative Division Expenditures $77,026. Police Patrol Division Expenditures $1,031,516. Total Police Department Expenditures $1,797,658. Emergency Disaster Relief - Civil Preparation $7,638; Fire Rescue Service $1,129,053; EMS Division $258,864; EMS Transportation $49,162. Fire Rescue Department Total $1,444,687. Public Works Department $492,140; Health Services $4,874; Culture/Recreation $225,290; YMCA Programming $79,800; Total Parks and Recreation $305,090; Debt Service $305,000; Interfund Transfers $247,100. Total Expenditures in the General Fund $5,794,565. General Fund IIndesignated Fund Balance to date $1,473,595.75. 3) Im¢~rovement Bond Revenue Fund Acting Village Manager Manganiello reviewed the Improvement Bond Revenue Fund. Total Revenues • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 9 $536,030. Ms. Manganiello explained that this was a fund used for accounting purposes to account for revenues pledged in the 1994 Revenue Bond Issue used for major improvements within the Village. Total Expenditures $536,030. 4) Capital Improvement Fund Acting Village Manager Manganiello explained that the Capital Improvement Fund was used to account for major capital outlays not related to the IItilities Department. Total Revenues in the fund were $740,235. Expenditures: Annual Paving Project $42,350; Country Club Drive Landscaping, Swale Construction, and Streetlight Conduit $211,0?6; Bridge Road Streetlights $5,800; Seabrook Road South Pathway Improvements and Roadway Design (Carryover) $69,000; Seabrook Road North Streetlights $20,600; • Cypress Drive South Road Materials & Supplies and Streetlights $5,000; Tequesta Park Irrigation Improvements $35,000; Riverside Drive North Pathway Improvements $24,000; Main Street Streetlights $3,600; Country Club Interior Phase I Streetlights Conduit $160,550; Country Club Interior Phase II Streetlights Conduit $123,259; IIS1/Old Dixie Highway Zoning Overlay $40,000; Total Expenditures $740,235. Acting Village Manager Manganiello noted the Bond Construction Fund had been closed out since it was no longer needed. 5) Capital Projects Fund Acting Village Manager Manganiello explained that the Capital Projects Fund was created to account for preliminary expenditures associated with the Public Safety Facilities project and the Central Business District Redevelopment activities of the Village. Total Revenues $3,128,125. Expenditures for Municipal Center $1,316,250; Public Safety Facility $995,625; Main Street $112,000; Demolition of Retail . Building $120,000; Bridge Road Improvements $584,250. Total Expenditures $3,128,125. VILLAGE COUNCIL • MEETING MINUTES Septe~er 28, 2000 PAGE 10 6) Water Enterprise Fund Acting Village Manager Manganiello explained that the Water Enterprise Fund was used to account for Water IItility operations. Revenues: $7,340,972. Expenditures: Administration $688,555; Pumping/Storage Division $1,640,959; Distribution Division $368,281; Renewal & Replacement $76,000; Capital Improvement $92,000; RO Bond Project $1,043,331; Tequesta Peninsula Project Phase II $685, 000; Debt Service $525, 810; Interfund Transfers $1,571,916; Other Non-Operating $649,120. Total Expenditures of the Water Enterprise Fund $7,340,972. IIndesignated Fund Balance to date $7,810,734. 7) Refuse and Recycling Enterprise Fund • Acting Village Manager Manganiello explained that the Refuse and Recycling Fund revenue totaled $234,396 and this fund had been created to account for the revenues and expenditures associated with the Village's collection of garbage, yard waste, trash picked up twice a week and recycling once a week for residences. Revenues were from assessments to residential properties. Commercial properties were billed directly by Nichols Sanitation, based on dumpster size and frequency of pick-ups. i) Single-Family Home Solid Waste Collection Services Assessment - $93.55 ii) Multi-Family Home Solid Waste Collection Services Assessment - $93.55 Total revenues of the Fund: $234,396. Total Expenditures $234,396. 8) Stormaaater Utility Enterprise Fund Acting Village Manager Manganiello explained that the Stormwater Utility Fund revenues were $778,543, and this fund had been created several years ago to meet State and Federal mandate requirements: VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 11 National Pollutant Discharge Elimination Permitting Program, to provide funds to build new flood control systems, to repair existing flood control systems. i) Equivalent Residential IInit(ERII) Assessment* - $85.52 *One ERII is 3,576 square feet of impervious surface . Acting Village Manager Manganiello explained that this assessment represented approximately 10% increase over last year. A small single family unit would be assessed $55.59; a medium single family unit $85.52; and a large single family unit $111.18. A multi-family unit $71.84; condominium units $57.30, and commercial, industrial and governmental properties would be assessed based upon the square footage of impervious area divided by the square footage of an ERU. Expenditures for Personal Services and Operating Expenses $128,087; Capital Outlay - Bridge Road Drainage Improvements $90,000; Tequesta Peninsula Project Phase II $445,000. Total Expenditures $778,543. 9) Community Development Special Revenue Fund Acting Village Manager Manganiello explained that revenues totaled 880,282. Expenditures: Planning $97,008; Protective Inspections $242,341; Compliance Inspections $66,870; Total Expenditures $880,282. $940,107.20 was the balance to date in the Department of Community Development IIndesignated Fund. 10) Pension Fund(s) The Acting Village Manager explained that there were three pension funds: Fire, Police, and General • Employees. VILLAGE COUNCIL • MEETING MINUTES September 28, 2000 PAGE 12 Revenues for the Firefighters Pension Fund came from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenue was $211,500. Expenditures of the Fund were for operating expenses for professional services totaling $23,000. Total Village Employee Pension - Fire: $188,500. The General Employees Pension Fund, created January 1, 1996, was for a much smaller number of people. Total Revenue $41,000; Expenditures: Operating Expenses for Professional Services $5,200. Total Village Employee Pension - General: $35,800. Acting Village Manager Manganiello explained that revenue sources for the Police Pension Fund were from interest earnings, insurance premiums from the State of Florida, and employer and employee contributions. Total Revenues: $45,200; . Professional Services Expenditures $2,200. Total Village Employee Pension - Police $43,000. 11) Special Law Enforcement Trust Fund The Acting Village Manager explained that expenditures from the Special Law Enforcement Trust Fund could only be used upon special request by the Police Chief. Source of funds for this Trust Fund, totaling $500, were derived from confiscation during drug busts. Total Expenditures $500. 12) Village Council Comments Councilmember Genco commented this budget would set a precedent for how and what would be paid for the Municipal and Police anal- Fire facilities. Councilmember Genco stated that since her election she had requested information, projections, etc., and had not received anything except what had been presented at the workshops. Councilmember Genco announced that she had done some projections from the numbers provided at the workshops, distributed • copies to the members of the Village Council, and stated she had made copies for the public. VILLAGE COUNCIL . MEETING MINUTES September 28, 2000 PAGE 13 ----------------------- Councilmember Genco commented that it had been stated over and over that the Municipal Complex was going to cost less by constructing it at Tequesta Plaza, although some of Mr Dalack's questions had been responded to at the last meeting relative to the budget, and there had been an admission that it was going to be more expensive; and her projections showed how much more expensive it would be. Mayor Capretta inquired whether Councilmember Genco was saying this was what was in the budget or what the project ultimately would cost. Councilmember Genco stated this was what the project would cost based on the projections right now, and that the budget now was already taking funds,, and putting them in the Capital Improvement Fund towards payment of this. Acting Village Manager Manganiello commented that funds had been set aside for the Public Safety Facility. and the Municipal Center for the past two • fiscal years, and now totaled $1,328,000 plus change. Councilmember Genco stated that money was paying the current principal and interest due this year on the draws for construction and not projecting what the entire project would cost; and that no information had been received projecting the amortized cost of those buildings. Councilmember Genco expressed her opinion that the Village Council should have had that information prior to someone saying we are spending half a million or $900,000 per year, and questioned what was being paid for and for how long and where was it going to go. Councilmember Genco referred to her Exhibit I and stated she had provided amortization schedules on the cost of the Tequesta Plaza and Village Green locations, and on the Tequesta Plaza location had done amortizations for 20 and ~0 years using interest rates of 7s, 6~, and 8~. Councilmember Genco noted that taking into account right now that the Village was paying $10,000 a year in taxes on an undeveloped parcel, a low estimate; if the property were developed it would generate a lot more income for the Village. Councilmember Genco stated that the bottom line was that the Village was • spending a lot more money to build on the Tequesta Plaza site than on the Village Green site and she VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 14 ----------------------- felt the reasons had not been justified. She estimated it would cost $1-1/2 million more. Councilmember Genco referred to her Exhibit II, which she stated showed what was being done in this year's budget, and which was taking money from enterprise funds. Councilmember Genco stated that the Financial Report, the Charter, and the Code of Ordinances defined an enterprise fund as a fund used to account for operations {a) that are financed and operated in a manner similar to a private business enterprise where the intent of the governing body is that the costs, expenses including depreciation, of providing goods or services to the general public on a continuing basis will be financed or recovered primarily through user charges; or (b) where the governing. body has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate for capital • maintenance, public policy, management control, accountability, or other purposes. Councilmember Genco stated the enterprise funds were: Community Development Fund, Stormwater IItility Fund, Refuse and Recycling, and Water Fund. Councilmember Genco stated that the definition.-was saying those funds should be able to stand on their own and that the user fees should go towards the maintenance and operations required to provide that service; while what was actually being done was taking a lot of extra money and moving that into the Capital Improvements Fund to pay for the Municipal Complex and the Public Safety Facility. Councilmember Genco stated that this year the equity would be depleted in the Community Development Fund, Stormwater IItility Fund, and Refuse and Recycling Fund. Councilmember Genco stated she had been unable to come up with a number as to how the Water Fund would be affected, but a lot of money was being taken from that fund. Councilmember Genco referred to page 18 and 66 of the budget and stated that in 2002 the Village would have a debt due of $2,298,061 and stated she would like to know how that debt was going to be met. Acting Village Manager Manganiello • and the other members of the Council could not find page 66 of the budget; Councilmember Genco stated VILLAGE COUNCIL • MEETING MINUTES September 28, 2000 PAGE 15 ----------------------- she was referring to page 66 of the 1999 financial statement. Acting Village Manager Manganiello stated she did not have that in front of her and could not make comments on Councilmember Genco's numbers because she did not know what they related to and since Councilmember Genco had already made misstatements she did not want to contradict anything she said. Acting Village Manager Manganiello stated she did not believe this was the time to go over these financial figures. Councilmember Genco stated her figures had been taken from the Village's audited financial reports which she assumed every Councilmember had had an opportunity to review. Councilmember Genco stated these things had concerned her since she came into office; that she had asked for information over and over and had not received it; now had a budget that accommodated those things, and did not feel it was • .appropriate to ask an elected official to vote on something for a budget when they had not been given the information they had asked for. Councilmember Genco asked Mayor Capretta how the Village was going to pay for the $2.3 million loan and whether the debt would be refinanced. Mayor Capretta responded the Village had a line of credit. Acting Village Manager Manganiello explained that the Village had been issued a $5 million letter of credit in January 1999; that the Village was not in debt $5 million but for the amount which had been drawn; that the letter of credit would expire January, 2002, before which time it would be incumbent on the Village Council to decide how much the Village was going to bond. Acting Village Manager Manganiello explained that the Village was looking at a 30-year bond, depending what interest rates were at that time, that an amortization schedule would be done, that projections had been made indicating the Village would be able to cover the annual debt based on the amount to be borrowed against the band, which would be a revenue bond rather than a general obligation bond. Acting Village Manager Manganiello commented that projections had been made pledging utility • taxes to pay the debt, the Village had debt reserve funds, and staff was very comfortable in proceeding VILLAGE COUNCIL • MEETING MINUTES Septe~er 28, 2000 PAGE 16 ----------------------- with the plans to build the Municipal facilities. Councilmember Genco stated that Acting Village Manager Manganiello was telling her the decision had already been made and the Village was forced to what someone else had set in motion, and asked how the Village had been committed to this. Acting Village Manager Manganiello responded the Village had been holding Redevelopment Committee meetings since 1991, also Finance and Administration Committee meetings, also reviews at workshops and budget reviews, and on the whole concept of redevelopment of the downtown and municipal facilities since the 1989 charrette. Acting Village Manager Manganiello stated utility taxes.. would be pledged to pay the debt. Councilmember Genco stated until the time came when the Village was ready to do a bond then the enterprise funds were paying monies whether they were _going_ directly to the Capital Improvements Fund • or being transferred to the General Fund at which time they then got transferred to the Capital Improvements Fund, that one way or another the money was coming from there. Acting Village Manager Manganiello stated Councilmember Genco was incorrect because there was a one-time contribution from each of the enterprise funds based on the total square footage each of those departments would utilize in the Municipal Center. Acting Village Manager Manganiello explained that those amounts had been transferred and could be seen in the budget under Municipal Center which accounted for $1, 053, 000 from Water; $157,950 from Stormwater, and $105,300 from Community Development, which totaled $1,316,250, and that had been in both last year' s budget and this year's budget. Acting Village Manager Manganiello explained that after that point the Letter of Credit would continue to be utilized for all expenditures associated with those projects, and the Village had until January, 2002, to decide to go to revenue bonds and for how many years, and to see what interest rates were, as had been planned. Councilmember Genco expressed her opinion that the large amount she had seen in the budget which would • have to be paid in 2002 would be even larger in next year's budget and that the enterprise funds would VILLAGE COUNCIL MEETING MINUTES Septe~er 28, 2000 PAGE 17 have to be used to pay the larger amount. Acting Village Manager Manganiello responded that was Councilmember Genco's opinion; that funds were not being borrowed from the enterprise funds to finance debt, but that utility taxes would be used. Councilmember Genco commented the Village was taking money out of the enterprise funds and not letting them stand on their own. Acting Village Manager Manganiello stated that was incorrect and repeated that each of the three funds had made a one-time contribution based on their portions of square footage they would be utilizing in the Municipal Center. Acting Village Manager Manganiello stated as an example the Community Development Department occupational license fees were pledged as part of one bond series, so the money generated by occupational license fees was pledged to the bond, as were franchise fees. In turn, utility taxes would be pledged to the new bond, and everything had been projected on that premise. Acting Village Manager Manganiello explained that the utility taxes would be enough to carry the debt service; otherwise, this budget would not be proposed. Councilmember Genco asked Acting Village Manager Manganiello if she had said that the Village was basically charging Stormwater and the Water Department for space when they had already been built a building to use, but that now the Village was going to charge them a cost for the Municipal Center. Acting Village Manager Manganiello responded she did not, but that whoever was going to be utilizing space in the Municipal Center had to pay their proportionate share of the cost of the square footage. Acting Village Manager Manganiello explained that the Village had built a public services facility on Bridge Road which housed Water Distribution and the Department of Public Works and Recreation, and that Stormwater IItility had one office in that building. Ms. Manganiello explained further that the Community Development Department would lose its offices when the buildings on the current site were razed to build the new Public Safety Facilities and they would be housed in the new Municipal Center. Councilmember Genco asked VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 18 whether reserves, defined as retained earnings, were being taken to pay for what was needed, to which Acting Village Manager Manganiello responded the Village was drawing on the letter of credit, and approximately 4.655 interest was being paid, only on what was borrowed, and the money in the budget shows just what had been drawn. Acting Village Manager Manganiello explained that the money borrowed could be rolled into the revenue bond or it could be paid off from other sources and the revenue bond would be for the total amount needed for the projects. Councilmember Genco commented she thought it was wrong to commit to a point where in the year 2002 the Village would be forced to have a bond and people had never been given an opportunity to note on it; and she thought it was improper to take money from enterprise funds that were supposed to stand on their own and move it into other funds, and • obviously there was something that allowed that to be done. Acting Village Manager Manganiello responded that municipalities were allowed to use those monies for any legal, useful, municipal purpose. Councilmember Genco expressed her opinion the users were paying. more than they needed to in order to move the money somewhere else. Mayor Capretta responded that was the financing system of the Village and the way the Village had handled money when they were going to have projects. Mayor Capretta explained that there were three major projects-two buildings and development of the downtown, for which a letter of credit was used to pay interim expenses during construction, and eventually those expenses would be cleaned up by having a bond. Councilmember Genco stated she understood but had requested a workshop to have financial disclosure, which had not been done, but that it had been done in pieces making it difficult to put together, to which she objected. Councilmember Genco commented the life and health costs came to $8,000 per employee and expressed her opinion that was excessive and the coverage needed to be shopped, benefits changed, or the deductible changed. Mayor Capretta commented that when the new Village Manager and a new Finance Director were on • VILLAGE COUNCIL MEETING MINUTES September 28 , 2000 PAGE 19 board, he wanted them to prepare a flow for Councilmember Genco that would go back a couple of years and show the enterprise funds, how the money temporarily flowed into projects, that the year 2002 had been picked to clean it all up with bonds, and show her how the bonds would be paid. Mayor Capretta commented the money from the millage would not be pledged. Mayor Capretta commented that one of the reasons Councilmember Genco had wanted to hire Mr. Couzzo was that she was impressed with the way he presented financial data in an understandable manner, and hopefully one of his first successes would be to help Councilmember Genco and the rest of the Council understand and then it could be explained to the public. Mayor Capretta commented at several meetings he had stated how much it would cost for the various projects, and the Village had money to do them and then cover the cost with bonds, • and with the current millage rate could pay off the bonds over 30 years without a tax increase. Mayor Capretta stated he had asked the public if they understood and they had responded they did, but he had not presented detailed data which he thought should be done to satisfy what Councilmember Genco wanted, and he believed that until then Councilmember Genco would not be happy. Councilmember Genco responded that Mayor Capretta was correct, that she would not be happy, because she felt she was being asked to vote for a budget committing the Village to something that had not been discussed. 13. Public Comments Jim Humpacre, stated he was not confused, but questioned the $79,000 budgeted for the YMCA, since he had returned to town and found they were gone. Acting Village Manager Manganiello responded that the Recreation Center had been closed temporarily for repairs to remodel the building per the Health Department to provide for an after school program, but that it would be open on October 3rd as a polling place for the second primary and for the election on November 7. Acting Village Manager . VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 20 Manganiello explained that the Village was presently looking at a new agreement with the YMCA, which would be presented at a Public Works Committee meeting. If an agreement with the YMCA did not materialize, Acting Village Manager Manganiello explained that the Public Works Committee had already approved a plan for a Recreation Director with the Village providing their own programs, as had been done in the past. Peaay Verhoeven, expressed her opinion that Councilmember Genco was correct and that others had asked for information which they had not received. Mrs. Verhoeven commented that the people wanted accountability and needed to know where their money was going. Mrs. Verhoeven expressed her opinion that monthly statements should be furnished to the public. Mrs. Verhoeven commented it would give the • Village Council more credibility to provide accountability, which was the concern of the people. Councilmember Genco stated that perhaps Mr. Couzzo could provide quarterly reports. James Gibbs, 359 Beacon Street, inquired as to the present amount that had been drawn on the letter of credit, to which the response was approximately $1.6 million; and the amount of Mr. Couzzo's annual salary, to which the response was $84,000. Harold Taylor, 13 Chapel Court, commented that one of the things that would improve the budget numbers would be to sell the Village Green property. Mr. Taylor commented that a realtor had estimated that property might sell for $200,000, but a developer thought it might go for $400,000, which would give the Village something back. Mr. Taylor suggested that before plans for the Public Safety Facility progressed too far that room be allowed on the east side to access the back property. Mr. Taylor requested that the Village Council look seriously at the possibility of getting money back from sale of the Village Green property. Councilmember Genco commented that she believed one of the reasons Mr. Dalack had voted in favor of locating the Municipal • VILLAGE COUNCIL MEETING MINUTES Septen~er 28, 2000 PAGE 21 Complex downtown was because he inquired specifically at the May 1, 2000 Redevelopment Committee meeting if there was any other property that could be used and had been told no, and if he had known that that property was available, and could have been mitigated for the park area, which had been the problem, Councilmember Genco believed that Mr. Dalack would not have voted the way he had voted. Councilmember Genco stated that because Mr. Dalack had understood the park couldn't be mitigated with the Village Green land, that now the Village had the Village Green land and the Municipal Complex per Mr. Dalack's vote, was going downtown instead of staying on the present site. Acting Village Manager Manganiello stated that Councilm~mber Genco was incorrect, since the subject of mitigation of the park had come up at that meeting and Acting Village Manager Manganiello had pointed out that the Village • was well below their Comprehensive Plan in neighborhood parks. The Comprehensive Plan required 2 acres for every 1,000 people; and had 5 acres of neighborhood park made up of Village Green Park and Constitution Park. Acting Village Manager Manganiello had pointed out to Councilmember Dalack and the other members of the Committee that the Village Green Park would have to be mitigated and the only available land she could think of at that point that was owned by the Village was not useable, and that if the Village wanted to buy property at the corner of Old Dixie Highway and Tequesta Drive it would cost over $200,000, if she recalled the amount correctly, and had pointed out the Village was well below the Comprehensive Plan requirement for recreation open space, and at this point with Tequesta almost built out it was imperative to preserve the recreation and open space land. Acting Village Manager Manganiello reiterated that Mr. Dalack had been made aware of the fact that the land had to be mitigated, that the cost would be over $200,000, and she believed that was factored into the discussions at that time. Councilmember Genco stated she was quoting from the minutes of the May 1, 2000 Redevelopment Committee Meeting: Co-Chair Dalack questioned Ms. Manganiello and received VILLAGE COUNCIL • MEETING MINUTES September 28, 2000 PAGE 22 clarification that $145,000 for park mitigation could be avoided by using Plan A and locating the Village Hall someplace else. Councilmember Genco stated that was an accurate statement, but it had misrepresented to Co-Chair Dalack the fact the that land that the Village had under the water tower, which was 2.17 acres, could not also be used for park mitigation. Councilmember Dalack stated that his recollection of his state of mind at that meeting was such that it would have made no difference. Councilmember Dalack explained his mind was set on the $1,430,000 the Village had paid for the parcel at Tequesta Plaza and it seemed to him as it had seemed to Mrs. Walker last week that the Village would lose something if they did not use that parcel on which to build Village Hall. Councilmember Dalack stated since that had been his mental set, it wouldn't have made any difference to • him; however, since then Mrs. Nagy had called him and suggested to him that the Village wouldn't really be losing anything since they had lost whatever they lost when they purchased that parcel; and if the Village chose not to build on that parcel at Tequesta Plaza they .would get back $477,000 that could be used to build on the present site. Mr. Dalack stated he subsequently came to the realization that Mrs. Nagy was right. Mr. Dalack explained that the loss would then be diminished by $477,000, and that was why he had changed his position from the position he had taken at the May 1, 2000, Redevelopment Committee meeting to the position he took at the Village Council meeting where he was in direct contradiction with his own motion at the May 1 meeting. Mr. Dalack thanked Mrs. Nagy, stating she was his Rosa Parks. 14) Adoption of Proposed Millage Rate: Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for Levying a Millage Rate of $6.7305 per $1,000.00 of Taxable Valuation for the Fiscal Year 2000/2001; Providing • an Effective Date. (Staff Recommends Approval) VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 23 Village Attorney Randolph read the Ordinance by title only. Vice Mayor Schauer made a motion to approve the above Ordinance on second reading by title only. Councilmen~ber Walker seconded the motion. Councilmember Dalack stated he was voting against the motion, and was grateful to Councilmember Genco for the great effort she had taken to try to bring some clarity to a muddled situation. Mr. Dalack stated the Council had been playing number games, that was like a shell game of what shell the pea was under. Councilmember Dalack stated if the Village had plenty of money, they could reduce taxes, reduce the I[Llllage rate, and use that "plenty of moneys to do that. Councilmember Dalack stated the ~glenty of moneys was going to be expended on projects that were not necessary for the Village. Councilmember • Dalack stated he believed the millage rate was too high and would not vote for it. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. 15) Adoption of Tentative Village Budgets: Ordinance - Second Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Providing for the Adoption of the Budgets for the Fiscal Year Commencing October 1, 2000; Providing an Effective Date. (Staff Recommends Approval} Village Attorney Randolph read the above Ordinance on Second Reading by title only. Vice Mayor Schauer made a motion to adopt the above VILLAGE COUNCIL • MEETING MINUTES September 28, 2000 PAGE 24 ----------------------- Ordinance on Second Reading by title only. Councilmember Walker seconded the motion. Councilmember Dalack stated he was voting the same as on the previous motion for the same reason. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. VI. CONSENT AGENDA All items listed with an asterisk (*) are considered to be • routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Councilmember so requests, in which event, the item will be renaved from the Consent Agenda of Business and considered in its normal sequence on the Agenda. Mayor Capretta Schauer read aloud the following Consent Agenda items: VII. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring the Week of October 8-14, 2000, Fire Prevention Week VIII. APPROVAL OF MINUTES AND REPORTS *A) Special Village Council Meeting, September 6, 2000; *B) Village Council Meeting, September 14, 2000; IX. NEW BUSINESS • *C) Resolution No. 86-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm VILLAGE COUNCIL • MEETING MINUTES September 28, 2000 PAGE 25 Beach County, Florida, Approving A Proposal From Bi11 Clark Marine Service, Inc., of West Palm Beach, Florida, for a Twenty-Two Foot Edge Water Boat, in the Amount of $35,610.00, With Funds being Appropriated from Police Department General Fund Contributions and Donations, Having a Fund Balance of $41,250.00, and Authorizing th Village Manager to Execute the Applicable Contract on Behalf of the Village (Staff Recommends Approval) Motion was made by Vice Mayor Schauer to approve the Consent Agenda as read. The motion was seconded by Councilmember Walker. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for • Basil Dalack for Sharon Walker for The motion was therefore passed and adopted. IX. NEW BUSINESS B} Resolution No. 85-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for the Demolition of the Tequesta Plaza Retail Building, Phase I, to Thomas B. Cushing Demolition of West Palm Beach, Florida, in the Amount of $87,750, with Funds Being Appropriated from the Capital Projects Fund Central Business District Redevelopment Account, Having a FY 1999/2000 Budget Allocation of $675,000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval} Acting Village Manager Manganiello read Resolution 85- 99/00. The Acting Village Manager explained that two bids had been received and opened August 30, 2000, one from Thomas B. Cushing Demolition of West Palm Beach, Florida, and the other from ACT, Inc., an environmental VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 26 and construction services company of Land of Lakes, Florida. Upon review of both bids and the contractors' credentials, Harry Benoit, P.E., Project Manager from Gee & Jenson, had recommended bid award to Thomas B. Cushing Demolition of West Palm Beach, Florida, which had done many demolition projects, including Lighthouse Plaza in Tequesta, the current site of Tequesta Oaks. Subsequent to the bid opening, Thomas and Nancy Cushing of Cushing Demolition, Harry Benoit, Russell White, Facilities Supervisor, and Acting Village Manager Manganiello had negotiated successfully to bring Cushing's bid contract within the Village's budget. The amount of the bid award for the demolition of Tequesta Plaza Retail Building, Phase I, is $87,750. Acting Village Manager Manganiello explained that this project had been bid in two Phases in consideration of the existing, viable businesses in Tequesta Plaza, which had the option of moving into Building A, presently under construction on the northeast parcel of Tequesta Village Center, once completed; or relocating to other space. The demolition of Phase I of the retail building would allow for those businesses to remain "open for business" during the demolition period and to continue operating just prior to Phase II demolition anticipated for April 1, 2001, Acting Village Manager Manganiello recommended approval of the bid to Thomas B. Cushing Demolition of West Palm Beach, and noted that approximately 39,000 square feet of building would be demolished and that the building would be cut at the breezeway between the old Publix and Dreamcars. The bid included patching the roof of the western side of the building. Vice Mayor Schauer made a motion to approve Resolution 85-99/00. Councilmember Genco seconded the motion. Councilmiember Dalack commented that the Village paid $1- 1/2 million and were now paying $87,750 to tear it down, so he would vote no. Mayor Capretta commented that was why the Village bought it. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - against Sharon Walker - for • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 27 The motion was therefore passed and adopted. D) Consideration of Meet & Greet Presentation by Terrace Comrninities, L.L.C. to showcase Tequesta Terrace, Extended Care and Special Care Facility, 400 U.S. Highway One North (Corner of U.S. Highway One and Village Boulevard) Project Prior to the October 12, 2000, Village Council Meeting. Councilmember Walker commented that for years it had been heard that not much of the community was involved in monthly council meetings, and at the first Council meeting after she had been elected in March, Councilmember Walker had suggested looking into showcasing. up-and-coming developments within the community in an attempt to draw the public to the meetings. Councilmember Walker explained that one • project that she had thought of was the Tequesta Terrace, Extended Care and Special Care Facility, currently under construction at 400 II.S. Highway One North (Corner of II.S. Highway One and Village Boulevard), which was approved by the Village Council at their March 2000 Village Council Meeting. Councilmember Walker explained that this would reach a segment of the population that did not come out too often, and her concept was for each Councilmember to send 20 invitations to residents they did not know, inviting them to preview the project and meet the developer. Councilmember Walker reported she had spoken with Mr. Burckart, the developer for this project, who was agreeable, and proposed that the meet and greet session begin at 6:30 before the Village Council meeting at 7 p.m., and that public notice of the meeting be given for Sunshine Law purposes since members of the Village Council would be present. Councilmember Walker explained that she had tried to discuss this at the last Village Council meeting, but did not do so due to the lateness of the hour. Councilmember Walker suggested beginning the meet and greet sessions with the October 12 meeting since that would be the beginning of the season, and to hold the sessions once a quarter. Vice Mayor Schauer suggested also showcasing the • Clarebridge project, showing pictures of the project, and stated she liked the concept and thought it was a good . vILI~AGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 28 idea. Councilmember Walker suggested that the Village Manager's office print a general invitation. Discussion ensued regarding how to pick recipients of the invitations, with the conclusion that it would be up to each Councilmember how they chose the people they invited. Mayor Capretta discussed the meetings held for the Municipal facilities, which had been attended by approximately 250 people. Mayor Capretta noted there were six life care facility buildings completed and being built with various applications for the elderly and with various costs. The Mayor suggested everyone could be invited through an invitation in Smoke Signals to attend a session at 6:30 before the Village Council meeting to hear a presentation of all the facilities being built in the Village to provide care for the elderly and to provide literature. Councilmember Walker agreed and commented that if they so desired the other members of the Council could attend and speak to their constitutients. Mayor Capretta noted that elderly residents would not have to leave the Village to move to the Waterford or some other out-of-town facility as in the past, and although this was not to promote any one development, such a presentation would lead to sales. Mayor Capretta discussed the new apartments, which many people had been against, and commented that they had turned out to be very nice: Vice Mayor Schauer recommended that the session start at 6 p.m. rather than 6:30 p.m. Discussion ensued regarding how to avoid discrimination of one project over another and how not to have the presentation turn into a marketing session. It was suggested the session be deferred to the November meeting. Councilmember Walker requested that between now and November 1, each Village Councilmember who was interested provide input. Councilmember Genco suggested that Councilmember Walker provide an outline to the other members of the Council. Mayor Capretta commented he had received many calls regarding the lack of work on the Crossings, explained they had run out of money but were now about to start work again, and that although Clarebridge was almost finished, they were not allowed to open until the Crossings was 50% complete. Councilmember Dalack commented the proposal was really to market • products for various merchants, no matter what the product, which could be a restaurant or a house, and VILLAGE COUNCIL • MEETING MINUTES Septe~er 28, 2000 PAGE 29 questioned whether the Village really wanted to get involved in discrimination or be in the marketing business. Councilmember Walker commented her idea had been to showcase new projects in the community. Mayor Capretta suggested placing a sign in front of new buildings that if one wanted more information about the project they could attend the meeting. Director of Community Development Scott D. Ladd commented a sign could be done like the ones for Village meetings, but he would need to research the matter. Mr. Ladd advised jealousy could easily be created among developers and advised the Village Council to proceed with caution and to keep control or it would turn into a marketing nightmare. Mr. Ladd stated if he owned a building and wanted people to buy or rent, what better vehicle than to have the Village Council of the Village of Tequesta behind him showing people pretty pictures. • Richard Berube commented he thought this was a good idea, but advised to proceed with caution, and expressed concern that if it were made commercial it would open the door to a lot of problems. Mr. Berube proposed that the Village present the projects to the public. Mr, Berube stated the Village did not have to invite the owners or developers, and that way would not get into the marketing issue. Mr. Berube expressed his opinion that the public would like to know what was going on, and the Village could make the presentations. Mr. Ladd acknowledged that the Village had color renderings and other presentation materials could be obtained from the developers. Councilmember Walker noted that the spirit of the idea was for the Village Council to be out in the community, to invite the community to attend and hopefully stay for a portion of the Council meeting. Mr. Berube noted that the Board of Realtors held a similar session annually but it was a true marketing session. Councilmember Walker proposed that she write up what had been discussed and distribute it to each Councilmember. The Village Attorney advised that the Councilmembers could not respond back to Councilmember Walker. Councilmember Walker requested this be placed on the ©ctober 12 agenda for Village Council input, and responded to Mrs. • Verhoeven that the session would be held in November if th C il e ounc agreed. Peggy Verhoeven asked whether the • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 30 presentation was to be on the new apartments. Councilmember Walker advised that the Council was going to take under consideration the possibility of showcasing extended care/life care facilities as a whole. Mrs. Verhoeven commented on an offer she had received for her home. Mayor Capretta commented that people were continually asking him about different projects, and the current favorite was the new building going up at Tequesta Plaza. The Mayor commented that he would love to be able to tell everyone about the building at a presentation in the Village Hall, and about all the projects from the past few years and for the next few years. Mayor Capretta commented he also got calls about the post office, and the sessions could update people on everything they wanted to know about projects within the Village. Vice Mayor Schauer suggested the sessions might be expanded and presented once a quarter instead of before Council meetings. • Acting Village Manager Manganiello commented that because of projects at staff level, the Village Council meeting of November 9 had been rescheduled for November 16, after a poll of the Village Council; therefore, the November meeting date referred to during the discussion of the meet and greet session would be November 16 rather than November 9. X) UNFINISHED BUSINESS A) Ordinance - Third Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 11, Article II, "Occupations Generally~~, of the Village of Tequesta Code of Ordinances at Section 1126, Registration Required and Section 11 27, Enumeration of License Taxes; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. (Staff Recommends Approval) Mayor Capretta read the above Ordinance on third reading. • Councilmember Genco stated she objected because the • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 31 Village was trying to encourage business with downtown redevelopment and yet were raising occupational taxes, which would affect her vote. Vice Mayor Schauer made a motion to approve the above Ordinance on third reading: An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Amending Chapter 11, Article II, Occupations Generally", of the Village of Tequesta Code of Ordinances at Section 1126, Registration Required and Section 11 27, Enumeration of License Taxes; Providing for Severability; Providing for the Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for • Elizabeth A. Schauer - for Basil Dalack - against Geraldine Genco - against Sharon Walker - for Director of Community Development Scott D. Ladd read from State law: the increase, hoia+ev+er, may not be enacted by less than a majority plus one of the governing body. Mr . Ladd advised that therefore a 4-1 vote was needed. Acting Village Manager Manganiello commented she respected Councilmember Genco's position, but explained that the Village was allowed by State statute to raise rates every two years based on an equity study done in 1993, and in 1994 had raised rates for the first time. Rates could have then been raised two more timres thereafter to the present time, but the Village had not done so. Acting Village Manager Manganiello pointed out that these occupational fees being proposed for increase were nanies pledged for the 1994 revenue bond issue, and that the Village would not have a balanced budget in the Improvement Bond Revenue Fund or in the Department of Commuunity Development if this was not passed, and that the 5~ increase had been included in the budget approved earlier this evening. Acting Village Manager Manganiello • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 32 requested reconsideration in that the Village had not raised the rates since 1994 and could have done so twice within that time, and the rates were competitive with other muinicipalities. Mayar Capretta explained that the Village had decided ten years ago they did not want to increase property taxes to support the Commounity Development Department but decided to see if the department could pay for itself through collection of fees which were kept competitive with the cost of living and with thase of other mrunicipalities. Mayor Capretta noted the fees had only been increased once, which was very reasonable. Mayor Capretta commented he believed that although Councilmem~er Dalack did not want to raise the fees he would like it even less to have to raise property taxes to put money into the Community Developmrent Department. Councilmember Dalack responded if taxes were lowered he would vote to increase the fees . • Councilmember Dalack commented that this was game- playing, that the Village had "plenty of mroney~ and what pocket did it come out of, and if it was to come out of this pocket, then put it back into the taxpayers' pocket. Councilmember Dalack stated if Councilmember Genco had not said what she said tonight he would have gone along with this without thinking, but what she said started him thinking that the Council was playing games with the public and he did not like it. Acting Village Manager Manganiello pointed out these were charges for services that the Community Development Department provides and they were pledged to pay off the revenue bond series. Mayor Capretta commented Mr. Zuccarelli would thank Mr. Dalack for this decision because Mr. Dalack had basically said he wanted the tax on his house instead of Mr. Zuccarelli's contractor. Councilmember Genco commented the Village had already voted for the miillage rate; to which Mayor Capretta responded it would not be this year's rate, but next year's rate, and that Councilmember Dalack had established a new principle that from now on contractors would not be charged. Councilmember Dalack commented the Mayor had told him the Village had plenty of money therefore the Village did not need any more • money. Counciln~er Dalack stated if taxes were lowered he would vote for an even greater increase in • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 33 occupational license fees. Councilmember Genco requested the amount of money expected to be generated from the increase in fees, and noted that the Community Development Department's adopted budget was dramatically lower than the amounts earned from building permits during the past several years. Councilmember Genco commented Centex Development would be coming in shortly which she believed would provide fairly good building permit fees. Acting Village Manager Manganiello responded the additional 5~ raise was included in that generated, approximately $86,000, a certain amount of which was pledged to the 1994 revenue bond series. Acting Village Manager Manganiello agreed that there had been major development during the previous past two years, which had now slackened, but there was now a lot of reconstruction. Acting Village Manager Manganiello explained that the proposed increase had been factored into the budget, which was a balanced budget, and it was factored into the millage rate, and it had been brought to the attention of the Village Council at the budget workshop. Councilmember Genco noted that she had been unable to attend that particular budget workshop. Acting Village Manager Manganiello commented she felt it was very important to let everyone know the 5$ increase covered a period of six years, since there had not been an increase for six years, and that otherwise the budget would not be balanced. Councilmember Genco stated she felt the budget as projected on paper might not be balanced but given the proposed and expected building permits she believed it probably would be more than balanced, and therefore did not plan to change her vote. Discussion ensued. Mayor Capretta noted there would be an unbalanced budget. XI. ANY OTHER MATTERS Vice Mayor Schauer presented a photograph to the Village from the Bureau of Zand Management. The photograph depicted the area which the Boy Scouts, Girl Scouts, Jupiter High School Environmental ~icademy and Bureau of Zand Management had been • working on for the past fine years. The photograph was presented in appreciation for everything the Village had done • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 34 to help them. The Vice Mayor explained that she and Acting Village Manager Manganiello made an annual visit when the kids were working and provided snacks for them after they had finished their 2-1/2 hours of pulling weeds, etc. Councilmember Walker noted this was the same parcel for which the Bureau of band Management had been awarded a Legacy of the Land Award, of which there were only one or two each year. Vice Mayor Schauer reported that the Village was the only municipality on the east coast which was doing this type of program. Vice Mayor Schauer had commended all the children and adults who were working there and stated the kids had done phenomenal work, and she was disappointed there had been no press present. Mrs. Schauer reported that one of the Boy Scouts had done an Eagle Scout project on this. Councilmember Walker reported that at the August Community Appearance Board meeting afield trip had been taken next door to Gallery Square North regarding a sign issue, during which • she had overheard members of the Board comment about the condition of the parking lot and that the striping was not visible any more, and the surface was in poor condition. Councilmember Walker had subsequently received Code Enforcement Officer Sgt. Irovando's monthly case report in which he had noted receipt of a copy of the settlement agreement between the Village and Mrs. Campbell, and that the parking lot needed to be re-paved and re-striped. Councilmember Walker requested a status update from Director of Community Development Scott D. Ladd. Mr. Ladd reported he had been asked after the parking lot had been turned over to the three owners to write a letter to each of them indicating they could proceed with their plans to spruce up the parking lot. Mr. Ladd advised that presently Sgt. Irovando was on vacation and that he had had no response to his letters. Councilmember Walker requested that Mr. Ladd follow up with Sgt. Irovando and that he and Sgt. Irovando follow up with the owners to determine their planning process. Councilmember Walker reported she had been working to improve the physical condition of the post office and its staffing needs for several months, and was holding monthly meetings with the Jupiter Postmaster and the Tequesta Branch Post Office Supervisor. Councilmember Walker commented all of the • dead plant material was in the process of being replaced and the two former maintenance workers who had been on disability • VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 35 had been retired and replaced with new personnel who could perform the work. Councilmember Walker reported she had been assured the new plant material would be cared for and would not die again. Regarding the interior, Councilmember Walker noted there had always been a lack of enough personnel even with the new self-service area for stamps, etc., and that three new employees were being cross trained to work at the windows and also sort mail, and although these employees would be shared with the Jupiter Post Office, she had been assured there would be no lines during the season. An article was scheduled to appear in the November Smoke Signals to educate everyone on how to use the self-service area and how residents could expedite their visits to the post office. Mrs. Walker explained that she had requested that portions of that article be re-published in Smoke Signals throughout the season. Councilmember Walker announced plans for a postal kiosk in the new Municipal Center, to be manned by post office personnel, and that the hours of the kiosk would be coordinated with peak • hours of service at the branch-post office. Vice Mayor Schauer commented that the post office maintenance person had a very small broom, and that she would purchase an appropriate broom for them at her expense. Councilmember Walker requested the Village .Council consider addition of a new item to the agendas titled Council Reports. Councilmember Walker commented the Village Councilmembers could report meetings they had attended. Vice Mayor Schauer commented it was done under Any Other Matters. Councilmember Walker requested that time always be assured for Any Other Matters. Vice Mayor Schauer responded that she believed there should be a time constraint and that the meetings should not go past 10:30 of 11:00 p.m., and asked that this item be given to Mr. Couzzo. XII. ADJOURNMENT Councilmember Genco moved that the meeting be adjourned. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for • Elizabeth A. Schauer = for Basil Dalack for VILLAGE COUNCIL MEETING MINUTES September 28, 2000 PAGE 36 Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted and the meeting was adjourned at 9:27 p.m. Respectfully submitted, Betty Laur Recording Secretary ATTEST: Jo nn Nianganie o Village Clerk DATE APPROVED: /a , o2oDo •