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HomeMy WebLinkAboutMinutes_Regular_09/14/2000~J VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MIlVUTES SEPTEMBER 14, 2000 • C, I. II. III. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, September 14, 2000. The meeting was called to order at 7:05 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. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Genco gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Councilmember Dalack requested addition under Any Other Matters of the proposed change of students from Limestone Elementary to Jupiter Elementary. Vice Mayor Schauer stated she had also planned to add the school issue, and requested addition under Any Other Matters of sewering in the Tequesta Country Club. Councilmember Genco requested item X (E) be pulled from the Recycled Paper • VILLAGE COUNCIL MEETINC3 MINUTES September 14, 2000 .PAGE 2 Consent Agenda. Councilmember Walker requested the agenda be amended to move the school issue to follow Approval of the Agenda. Councilmember Walker requested addition under Any Other Matters of Sgt. Irovando's Code Enforcement report, that Consultant Tom Jensen provide an update on severing in the Country Club, that the proposal to hold a meet and greet session before the October meeting be discussed, and that the Loxahatchee River District Septic Tank replacement plan be discussed. Vice Mayor Schauer mad® a motion to approve the Agenda as amended. Councilmamber Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack _ for Qeraldine Oenco for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. III(A) SCHOOL ISSUE Pam Hudson explained that she was a parent of a child who attended Limestone Creek Elementary, and that the letter sent out regarding moving children from Limestone Creek Elementary to Jupiter Elementary School was only sent to parents and guardians of children currently attending the school. Ms. Hudson reported 17 people from different neighborhoods had met that morning regarding this issue, and requested the Village help get the word out regarding other meetings so that more people would know about it and be involved in the decision-making process. The ABC Committee had requested input from parents at a meeting scheduled for September 26. Ms. Hudson requested Village attendance at that meeting as well as any information the • Village could pravide to help the parents. Ms. Hudson explained that the ABC Committee of the School Board VILLAGE COUNCIL • MEETING MINUTES September 14, 2000 PAGE 3 (Advisory Boundary Committee) was proposing changing the boundary from Loxahatchee River Road West with those children to attend Jupiter Elementary School beginning with the 2002-2003 school year; however, according to the Construction Manager for the Jupiter school renovation, that renovation would not be complete until the 2003-2004 school year. Ms. Hudson requested that the Committee provide concrete evidence that the children would not be moved until all construction was complete. Ms. Hudson noted that funding for play equipment had not been included in the Jupiter renovation and fund raising would need to be done by the PTO. Limestone Creek had raised $98,000 during the past year, while Jupiter had only raised $30,000, and the parents wanted to be able to take the money they had raised to Jupiter. This money was also used to pay for a classroom aide per day, and Jupiter had no paid aides. Ms. Hudson expressed her opinion that the parents should not request that the move not take place • since Limestone Creek was currently at 136 capacity. Ms. Hudson commented that this issue would affect everyone, including people without children in school since property values were affected by which schools children attended. In response to a question from Councilmember Genco regarding what the Village could do, Ms. Hudson commented there was a point of law which required schools to be utilized to 10fl$ and not to overcrowd others to more than 100$ capacity; and explained that Jupiter was under utilized while Limestone Creek was over capacity at 1398. Ms. Hudson expressed concern that raising money for play equipment might mean there would not be enough funding to provide aides at the Jupiter school, but the existing equipment might not be safe. A recent fundraiser at Limestone Creek had netted $85,000 of which the school would get half, so they already had much more than Jupiter for the year, and Ms. Hudson expressed her opinion that money should be held in bank accounts to be used at Jupiter when the move took place. Ms. Hudson discussed the school ratings, stating Jupiter had been raised to a C from a D; while Limestone Creek dropped from A to B. Ms. Hudson commented that it was fortunate the ABC Committee was providing the opportunity to start on this issue early. Mayor Capretta explained that Vice Mayor Schauer had worked on school issues over the years, that the Village Council wanted to help in every way they could, and recommended the VILLAiGE COUNCIL MEETING, MINUTES September 14, 2400 PAGE 4 parents let Mrs. Schauer work with them. Vice Mayor Schauer commented that ten years ago when the children of the Village were moved from Jupiter Elementary, the School Board had indicated they would eventually be moved back, but stated her opinion that the move must not take place until all renovations at Jupiter Elementary were complete. Mrs . Schauer explained that she and Mrs . Watkins had worked for a new Jupiter High School for ten years, and they would both work on this issue. The Vice Mayor stressed the importance of parent participation in the schools, the PTO, and SAC committees. The Vice Mayor explained that the Village Council had always supported education and stood behind the children. Vice Mayor Schauer advised that everyone attending the meeting at Dwyer High School should wear the school color, turquoise, and that another meeting .would be held Tuesday evening at Limestone Creek in the cafeteria at 7 p.m. to inform people of this issue. In response to a question from the audience, Vice Mayor Schauer commented that there was no really good reason to request that the children not be moved back, and a positive note was that if the school did not meet criteria, negotiations could take place between the ABC Committee and parents' representatives for items such as aides. Safety could be stressed in negotiations as a point for not moving until all renovations were completed, also that the school rating needed to be raised to a B, and that money needed to be moved from one school to another, and Mrs. Schauer explained that by going in with that type of attitude the ABC Committee would work with the representatives. Mrs. Schauer advised that the move could be opposed but expressed her opinion that would not get anywhere because when the children were moved to Limestone Creek the School Board had said at that time they would someday be moved back. A member of the audience questioned what would be a valid reason not to move back. Mrs. Schauer stated the ABC Committee tried to keep whole communities together when moving boundaries. Dana Hoffman commented she did not remember the School Board saying the children would have to move back, and commented if a route was taken to Limestone Creek through Martin County then two schools would not be passed on the way. Ms . Hoffman stated she did not believe a B rating was good enough, and stated a lot of people would like to stay at Limestone Creek, which was now the second best school in the county. A member of the • VILLAt~E COUNCIL MEETING MINLtTES Septendaer 14 , 2000 PAGE 5 audience who identified herself as a SAC member from Tequesta Country Club commented she had attended that morning's meeting, and that even though the School Board might have said ten years ago that the children would have to move back, demographics could not be predicted. Other comments were that the ABC Committee was an advisory committee that reports to the Superintendent of Schools, that Jupiter Elementary would be fine if renovated, that self-serving interests of the ABC members should be examined, and that there was no rhyme or reason for how boundary limes were drawn. Ms. Hudson explained that this item had been tacked on to other issues and this was only a proposal, that the ABC Committee did not want to leave those affected in the dark too long and had requested input at the formal meeting, and that information was being received. Mrs. Schauer advised the School Board could be called to learn when the .ABC Committee meetings were scheduled. Ms. Hudson reported they also had a website. • It was noted that the concurrency law would not allow Limestone Creek to stay at 136 for too many years. Mrs. Schauer advised that input regarding the renovation could be obtained by contacting the school, that the School Board had a reputation for not getting things done on time, and that she was willing to work with everybody. In response to a question, the Vice Mayor indicated no one knew who Tequesta's representative was on the ABC Committee, advised that when this issue got to the School Board was the time to make telephone calls and Jody Gleason should be contacted even though she represented the southern area, and urged everyone present tonight to go to Limestone Creek on Tuesday. A member of the audience commented the renovation was needed to bring the Jupiter school up to par but as incentive to move the grade level should also be raised, and possibly a magnet could be established (which Mrs. Schauer indicated should be brought before the ABC Committee), and that the Committee in the past had always been willing to listen. A comment was made that there should have been a school in Tequesta, to which Mrs. Schauer responded there was no room. Mayor Capretta commented the points were clear that organization and a plan were needed, that many meetings among the parents and with the ABC Committee would be needed, that the right • people must be contacted to learn the Committee's plan, and the Village would do everything they could to help. vILLA(3E COUNCIL MEETINC3 MINUTES Sept~ernber 14 , 2000 PAGE 6 Councilmember Walker suggested that the part of the Village whose children already went to Jupiter Elementary be made a part of this. Mayor Capretta commented that grandparents could also be included; that they were the ones in the Village with money and money would be needed. IV. COM~TNICATIONS FROM CITIZENS Bettv Naav, Shay Place, questioned why Acting Village Manager Manganiello did not list meetings that took place in her office on the Village Manager Report. Acting Village Manager Manganiello responded she usually met with the Mayor prior to Village Council meetings, and that only scheduled meetings were listed on the report. Mrs. Nagy questioned the status of the YMCA and the after school program, and stated that the YMCA was closed with no explanation. Acting Village Manager Manganiello responded that notice was posted on the recreation center door that it would be temporarily closed for renovations, that the Health Department must approve the plan in order to provide an after school program, that the work would begin following the November election., and that the Village was on good terms with the YMCA. Acting Village Manager Manganiello commented that the after school program was planned for the next school year, that money was budgeted, and this matter would be taken up at a public works meeting. Peaav Verhoeven, Point Drive, questioned what had been done to get rid of the rats in the firefighters' quarters, to which the response was that Nozzle Nolen had treated the building and had found rats the size of cats, an opossum, ants, and bees. Mayor Capretta commented he got very upset in his efforts to get the firefighters a new building. Mrs. Verhoeven commented she wanted the firefighters to know that the people objecting to not having a referendum on the issue of a new building had nothing to do with them and she did not want the police and firemen pitted against the people, as was implied by an article in the Jupiter Courier. James Gibbs, 359 Beacon Street, thanked the Acting Village Manager for providing him with information, and explained that he had analyzed and followed up on some of it. Mr. Gibbs stated the Supervisor of Elections had never heard of Mr. Dalack or Mrs. Schauer, so someone needed to provide an update. Mr. Gibbs commented that 71~ of Tequesta's population • VILLAGE COUNCIL MEETING MINUTES S®pte~er 14 , 2000 PAGE 7 was registered to vote and only one out of three had voted in March, which indicated to him they really did not care what went on. Mr. Gibbs commented that maybe the citizens could find a way to get the word out that the Village was doing a good job. Mr. Gibbs suggested a strategy used in billion dollar corporations to bring opposing parties together: two parties from the Village Council and two individuals from the Political Action Committee could sit down as four private citizens over lunch with no lawyers present, and talk about how to bring everyone together. Arnold Blum, 410 Tequesta Drive, questioned the Vice Mayor as to why license fee increases were proposed when the Village had no deficit and the Community Development Department was making a profit. Vice Mayor Schauer explained that issue was on tonight's agenda as number XI(A}, the second reading of the ordinance, and that she had questioned staff on this issue. Staff had advised that other municipalities raised • occupational license fees every two years, while the Village had not raised fees in six years, and after surveying other municipalities staff had proposed this raise. Mayor Capretta commented that the Village tried to stay competitive with other municipalities on fee rates, and explained the Community Development Department was now making a profit because of the building boom, but the goal was to have it break even. Mr. Blum suggested downsizing the department rather than raising fees, to which Mayor Capretta responded that could be considered when the Village was built out. Harold. Hutchinson asked Councilmember Walker why she had chosen the most expensive option available for the Municipal Complex. Councilmember Walker's response because it was part of the redevelopment of the entire business district, and referred Mr. Hutchinson to the minutes of the Redevelopment Committee meeting in May to see that when this matter had been voted on it had been the least expensive of the options presented. Mr. Hutchinson asked how many businesses there were in Gallery Square North and South versus what was considered the new business district, to which Councilmember Walker responded that the business district included businesses located on II.S. One and west to Old Dixie Highway to Bridge Road and north to Village Boulevard. Mayor Capretta commented that Mr. Gibbs had brought up a way to settle differences, and that one of the differences was the whole • VILLAGE covNCIL MEETING MINUTES September 14, 2000 PAGE 8 idea of developing the downtown business district, and that one primary reason the Village Council wanted the Municipal Complex downtown was to assure the success of that development to revitalize the downtown district. Mr. Hutchinson commented the library had been supposed to be the key to development of Old Dixie Highway and questioned what had been developed there. The Mayor responded that every square foot of land would be built out within a year or two, and invited Mr. Hutchinson to come to Redevelopment Committee meetings to discuss these issues. Harold Taylor, 13 Chapel Court, requested 4 minutes 15 seconds, which was granted by the Mayor. Mr. Taylor spoke regarding ethics in government and stated his opinion that rumors spawned by the petition submitted by the Political Action Committee had divided the Village, and concluded that it was time for both sides to put aside accusations and move forward in a positive way. Mr. Taylor indicated he did not • agree with Vice Mayor Schauer's position that voters had elected Councilm.embers to make decisions for them, and read from a letter dated February 22, 1999 which had been mailed t0 a number of residents and was signed by two current members of the Village Council, Vice Mayor Schauer and Mayor Capretta, which stated the Council's preference for a Village HaII on the present site. Mr. Taylor wondered how many people had voted for the Vice Mayor a short time later based on that letter, stated he had no objection to a Councilmember changing their position on an issue, but believed the people's opinion on their new position should be voted on, and suggested both sides sit down and prepare a ballot which addressed the Mayor's concern that all future buildings not be limited to the present site and which met the formal requirements of Florida's election law. Mr. Taylor suggested this could be done at this meeting and then a motion made to place the ballot on the March 2001 referendum, and recommended that all funding for Police and Fire quarters be placed on hold pending outcome of the vote. V. 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 VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 9 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. Mayor Capretta explained that had been set with a 2~ cushion case it was needed; however, health insurance premium rate rate proposed tonight was the years. a tentative millage rate over last year's rate in even though the employee had doubled, the millage same as for the last two 1) Announcement of Village of Tequesta Proposed Millage Rate (6.7305) and Percent (2.860 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 (2.860 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. Communication Division Expenditures $259,575. Compliance Inspection Division $92,409. Investigative Division Expenditures $77,026. 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; Transportation $49,162. Fire VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 10 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. 3) Improvement Bond Revenue Fund Acting Village Manager Manganiello reviewed the Improvement Bond Revenue Fund. Total Revenues $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 $211,076; Bridge Road Streetlights $5,800; Seabrook Road South Road Materials & Supplies, 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 TI Streetlights Conduit $123,259; Rehab of IIS1/Old Dixie Highway 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. vILt~E covxclL • MEETING MINUTES September 14, 2000 PAGE 11 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. Expe~.ditures 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. 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 R®cycling Enterprise Fund Acting Village Manager Manganiello explained that the Refuse and Recycling 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, which were slightly higher this year. Commercial properties were billed directly by Nichols Sanitation, based on dumpster size and frequency of pick-ups. • i) Single-Family Home Solid Waste Collection • VILLAC3E COUNCIL MEETING MINUTES September 14, 2000 PAGE 12 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 had been created several years ago to meet estate and Federal mandate requirements: 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(ERIIj Assessment* - $85.52 *One ERU is 3,576 square feet of impervious surface . Acting Village Manager Manganiello explained that this assessment represented approximately 10$ 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 ERII. Revenues in the Fund totaled $778,543. 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 • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 13 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. 10) Pension Fund(s) The Acting Village Manager explained that there were three pension funds: Fire, Police, and General Employees. 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 • VILLAGE COUNCIL MEETING MINUTES S~pteanber 14 , 2000 PAGE 14 Councilmember Schauer requested larger print for next year's budget. Acting Village Manager Manganiello explained that a new program would soon be in place which would provide a much nicer format. The new program would provide the capability to call up any account to date. Councilmember Genco commented the General Fund showed revenues from ad valorem taxes plus approximately 1J2 million dollars coming from invisible taxes which could not be taken qff on income tax, and recommended the Finance Committee and the Village begin looking at the budget to devise ways to keep more money in the pockets of the residents. Councilmember Genco commented if these invisible taxes were added to the millage rate it would be 11~-one of the highest in the county. Mayor Capretta commented it would be illegal because the State cap for millage would be exceeded. Councilmember Genco stated every municipality charged the invisible fees. Councilmember Talker questioned Palm Beach Gardens' amount in invisible taxes, to which Councilmember Genco responded she had been trying to get that information, that Florida League of Cities had same information on municipalities, and that she had written to municipalities of similar size. Mayor Capretta commented this was a political issue and over the years the Village had taken different approaches. The bill for picking up garbage was on the tax bill. Mayor Capretta commented the only number that was looked at seriously was the millage rate and government had typically taken the approach of not including them in the millage rate so people would not notice them. Mayor Capretta commented that a philosophy must be decided upon at a Finance Committee meeting and then see if that philosophy could be sold to the public. Councilmember Genco was in favor of holding a meeting of the Finance Committee. Ms. Genco commented regressive taxes decrease as the tax base increases, and that this year there had been increases in stormwater utilities, collection charges, annual price index i ~ for water charges, and now community development, . VILLAGE COUNCIL MEETING MINUTES SeptetN~er 14 , 2000 PAGE 15 which led her to believe the Village did not have the money they had claimed to have. Mayor Capretta commented the Village rate was 6.7 and the State legal limit was 10, and adding these costs to the millage could create a new problem if in the future the Village needed to increase the tax rate and was already at or near the legal limit. Councilmember Genco acknowledged that the Village was legal. Acting Village Manager Manganiello cammented that the Village did include fire rescue and EMS in the millage rate. Mayor Capretta commented he was just pointing out there were advantages and disadvantages to Councilmember Genco's proposal. Acting Village Manager Manganiello announced that the proposed millage rate was 6.7305 and percent was 2.86$, by which the proposed millage rate exceeds the rolled-back millage rate of 6.5431. • 13. Public Corn rents Hattie SiecLel, 498 Dover Road, expressed surprise that the amount of Community Development expenditures had been $880,282. Mrs. Siegel commented she had spoken to a County official regarding the assessment for recycling and learned the County expected to someday end the assessment because they anticipated making a profit on their composting, etc. Mrs. Siegel commented that the charges for solid waste had been on the tax bill for years and then suddenly appeared on the water bill, which was like a shell game with the charges switched around, and the residents would be paying solid waste charges the rest of their lives. Mrs. Siegel asked how much cash the Village had, to which Acting Village Manager Manganiello responded that the balance today in the IIndesignated Fund was $1,473,595. Mrs. Siegel questioned Mayor Capretta as to how he had indicated new facilities could be built without raising taxes at a meeting in December 1999. Mayor Capretta explained that considering the millage rate as a percentage of the tax base, 6.7$ • of a $340 million tax base, which was the tax base when he was elected, was a lot less than the same • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PARSE 16 percentage of the present $450 million, approaching $500,000 million, tax base, which provided more revenue to pay debt service on revenue bonds without raising taxes. Mrs. Siegel asked when stormwater improvements would reach her street. Public Works and Recreation Director Gary Preston explained that the water in that area drained into Dover Ditch where a lot of work had already been done. Mrs. Siegel commented the stormwater fees had gone up 8~. Mayor Capretta explained a lot of the Village had already been done and the last area was the Tequesta Country Club area, and when all areas were complete the Village might look at decreasing the rate. Robert Cook asked if the Village would go out to bid for demolition of the building downtown and to build a new municipal center, or if Mr. Zuccarelli would be doing the work. Mayor Capretta explained that • Mr. Zuccarelli wanted to be one of the bidders. Mr. Cook asked whether the Village was aware of any past financial or regulatory problems Mr. Zuccarelli had had. Mayor Capretta responded that Mr. Blum had passed out something on the steps tonight before the meeting regarding a New Jersey lawsuit he was involved in when he had been in the garbage business in approximately 1988. Mr. Cook asked if the Mayor had been aware of that, to which Mayor Capretta responded he personally had not been aware of it but it would not have made any difference in letting Mr. Zuccarelli bid on a project. Mr. Cook questioned the Village doing business with someone who had been fined three or five million dollars for violating State laws. Mayor Capretta asked the Village Attorney if that would make any difference and if the Village should refuse to let Mr. Zuccarelli bid. Village Attorney Randolph responded he did not know what Mr. Cook was referring to, which made a difference to him in order to understand how to answer the question. Mr. Cook stated if someone had been fined $3-$5 million for violating regulations and laws, would that be sufficient to disqualify them from bidding on a Village job, to which Village • Attorney Randolph responded he did not know. Mayor Capretta asked whether Mr. Cook was saying Mr. • VILLAGE COUNCIL MEETING MINCTTES S®pteanber 14 , 2000 PAGE 17 Zuccarelli had been convicted of something, to which Mr. Cook responded yes. Mr. Cook asked whether the Village followed the policy of lowest and best bid, to which Mayor Capretta responded yes. Mr. Cook stated just because someone was low bidder did not mean the Village had to accept them if they had characteristics or track records that indicated they should not be allowed to bid or build on a public agency. Mr. Cook commented the Palm Beach County School Board had had that problem with a number of contractors and although they could not prevent them from bidding since it is a free country, they did not have to accept a bid from someone with a bad past track record. and asked if the Village followed that principle. Mayor Capretta commented he did not know, this had not come up. Mr. Cook stated he thought it was important for the Village Council to look at this information and evaluate it. Mayor • Capretta asked if Mr. Cook found this on the Internet. Mr. Cook stated he did not know where it came from. Councilmember Genco stated she had done a word search after she heard about it, and that it could be found by entering who and where. Mr. Cook stated on February 22, 1999 Vice Mayor Schauer apparently believed the Village Hall should be built on the current site and asked her when she had changed her mind. Vice Mayor Schauer explained she changed her mind after reading the material from the May Redevelopment Committee meeting, after specifically questioning the material at the May Village Council meeting so she would be sure she understood what she was voting on, after speaking with many Village residents regarding how they felt, and after attending two workshops held in August. The Vice Mayor stated she believed this was the best thing the Village could do, and that in the future everyone would benefit from this although Mr. Cook might not be able to see that now. Mr. Cook commented there had been a full chamber tonight with 42 people standing which he suspected violated fire regulations. Mr. Cook stated he posed this rhetorical question, if the Village Hall had been • full with 42 people standing and all those people had been part of the 660 people who signed the • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 18 petition, would those people have been allowed in the Village Hall or would the Village Council have said they did not want them here. Acting Village Manager Manganiello responded that the fire code allowed 150 people. Mr. Cook commented it was good to know the Village Council could not exclude people because they were standing when there was an issue opposed by the Village Council. Pauline Hutc~}inson asked if taxpayers were paying for the streetlights in Tequesta Country Club, to which Mayor Capretta responded they were furnished fxee by FP&L so long as the standard used in Tequesta Oaks was chosen. Mrs. Hutchinson wanted to know if the taxpayers would be paying for the electricity. Mr. Preston explained that the residents in the Country Club had been paying for the lights in front of Mrs. Hutchinson's home. Mrs. • Hutchinson responded she did not have one, but wanted one. Mayor Capretta explained studies had been made by FP&L where lights should be located and the Village had made the decision to light the whole Village using the free standard. Mayor Capretta explained that the Village was only installing wiring in the Country Club area while everything was dug up. Councilmember Walker advised she had requested the same conduit and lighting go in as other streets throughout the Village were overlaid with asphalt. Mrs. Hutchinson commented their street had just been overlaid. Mr. Preston explained that anyone could request a streetlight by filling out an applicaiton and the bell bottom lights were presently the standard in Mrs. Hutchinson's area. 14) Adoption of Proposed Millaqe Rate: Ordinance - First 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 Attorney Randolph read the Ordinance by • ViLLA©£ COUNCIL MEETING MINUTES Sept~nber I4, 2000 PAGE 19 title only. Vice Mayor Schauer made a motion to approve the abov® Ordinance on first reading by title only. Councilmember Walker seconded the motion. Councilmember Dalack requested discussion and asked where in the budget document he could find the funding for the Village's involv~nant in Tequesta Plaza. Acting Village Manager Manganiello responded pages 18 and 19. Councilmember Dalack asked what Prior LOC meant, which Ms. Manganiello responded was the amount drawn on the Letter of Credit during the current year; Transfer from General Fund, which Ms. Manganiello responded was additional monies that had been transferred. Acting Village Manager Manganiello stated $1,565,5?1 was money already received in the current year. Councilmember Dalack • commented the total was $1,654,190 and asked how that was used, to which Ms. Manganiello responded it was for purchase of the Tequesta Plaza properties including parcel number one, the retail building and the right-of-way for the new Main Street. Councilmember Dalack commented this was used for the purchase that the Village entered into with JMZ Tequesta Properties for approximately one quarter of the whole parcel, which Acting Village Manager Mangani®llo explained was a part of it, that the Village also had to repay $50,000 to the original $1 million credit the Village had, and also paid additional fees for a bond counsel and financial advisor, which were included in expenditures. Councilmember Daiack stated $1,654,190 went to the purchase that was negotiated in February, 1999. Ms. Manganiello stated it was correct that a portion of it went to the purchase. Councilmember Dalack referred to the column titled Next Year Adopted Budget and asked what portion of expenditures went to Tequesta Plaza. Acting Village Manager Manganiello responded Tequesta Plaza would entail the new road called Main Street, the demolition of • the retail building. Those ware direct costs associated with Tequesta Plaza, while everything • vlLr~,GE covxczz MEETING MINUTES September 14, 2000 PAGE 20 else was clearly identified as either Municipal Center, Public Safety Facility, or Bridge Road. Mr. Dalack questioned the $1,489,147 under Prior Year Actual for Construction-Other, which Acting Village Manager Manganiello explained was the expenditure for the properties at Tequesta Plaza. Mr. Dalack questioned whether the $1,053,000 under New Year Adopted Budget was for construction of a 17,000 square-foot municipal center building, which was confirmed by the Acting Village Manager, and also confirmed that $157,950 was for architectural and engineering fees for that building and the $105,300 contingency was for a 10~ contingency if needed because of unexpected change orders, etc. Councilm~nber Dalack questioned whether the total $1,316,250 was the total for construction of the proposed Municipal Complex in Tequesta Plaza. • Acting Village Manager Manganiello responded it was a portion because the total depended on how fast the project went out for bid, received bids, awarded a bid, and started construction. Councilmember Dalack asked whether New Road Main Street was connected with the Municipal Corc~lex project. Ms. Manganiello explained. it was a central business district project which was a stand-alone project involving demolition of the old building, engineering fees, and a 10$ contingency, and confirmed it would qo toward the new project. Mr. Dalack questioned whether the cost would be any different for the 17, 000 square foot building if it were located on the present site instead of on the Tequesta Plaza property. Acting Village Manager Manganieilo responded the cost would be the same since cost was based on square footage. Councilm~er Qenco noted if the Village decided not to build at Tequesta Plaza they could have gotten $477,000 back and now was spending $106,000 to put the building on a more expen:ive parcel, so that would decrease the cost approximately a half million dollars. Councilmember Dalack stated the total would be more. Acting Village Manager Manganiello • explained the amount for swapping square footage could not exceed $106,000, but could be less, • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 21 depending on the amount of square footage actually swapped. Councilm~er Walker questioned the amount the Village would lose if they allowed JMZ to purchase back the lot, to which Acting Village Manager Manganiello responded that amount would be $1 million. Councilmember Walker commented it would be more expensive to build on the present site because the Village would have forfeited $1 million of the original purchase price. Discussion ensued. Councilor C3enco commented that one must really look at the original transaction as equivalent to an eminent domain proceeding where the Village gave up their right to the property res®rving an option one piece of property which the builder could reimburse the Village as much as $476,000 or as little as $250,000, depending on what the appraisal was; however, the bottom line was the Village paid almost $1.5 million for property that could be valued at $476,000. Councilmember Walker commented the purchase also included a right-of-way for Main Street, which was continually misunderstood. Councilmember Genco commented the value of the Bridge Road was valued by MAT appraisal at $675,000 built out, and the Village would maintain it. Councilmember Genco stated she did not feel that the investment wasn't worthwhile, but believed that projecting from today forward the least expensive thing to do would be to build on the present site. Mayor Capretta suggested selling the lot next door for $1 million. Acting Village Manager Manganiello pointed out the Bridge Road improvements would be paid by assessments to the property owners who would directly benefit from the irr~rovements. Councilmetriber Dalack commented th® assessments would depend on the Village building the Municipal Complex at Tequesta Plaza and expressed concern that the Village was becoming enmeshed with JMZ Tequesta Properties, Inc., and the sky could be the limit on how much the Village would have to pay in developing Tequesta Plaza for JMZ Properties, Inc. Mayor • Capretta advised that the assessments would not depend on the Village building there, and that the VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 22 Village had tried to negotiate with the previous owner, then had tried to condemn it, and then found and negotiated a price with the present owner who agreed to give up rental income he could have earned on the existing building and to tear down the shopping center. The Village negotiated a deal with him to give up the old shopping center and get three pieces of property. The Mayor explained the Village had done this to invest in downtown, the Bridge Road project was a separate proposition, and that those who had gone through it and studied the situation believed it was a very good investment which would pay off for the Village. Mayor Capretta commented the Chamber of Commerce had led the way to get the Village to participate. Mr. Dalack expressed his opinion that paying $1.5 million for 1/4 of the property was not a good deal and that the • Village should not be involved in developing for JME Tequesta Properties, Inc. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basil Dalack - against Geraldine Genco - for Sharon Walker - for Councilmember Dalack stated he was voting no because there was no line item veto and he was against the provision in the budget on page 19. The motion was therefore passed and adopted. 18) Adoption of Tentative Village Budgets: Ordinance - First 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 First Reading by title only. vILLAGE covNCIL MEETING MINUTES September 14, 2000 PAGE 23 ----------------------- Vice Mayor Schauer made a motion to adopt the above Ordinance on First Reading by title only. Councilmember Walker seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - far Basil Dalack - against Geraldine c3enco - for Sharon Walker - for Councilmember Dalack indicated he was voting no because there was no line item veto and he was against the provision in the budget on page 19. The motion was therefore passed and adopted. • 16) Announcement of Date, Time and Place of the Final Budget Hearing, - September 28, 2000 at 7:00, P.M. in the Village Hall Council Chambers, 35'~ Tequesta Drive, Tequesta, FL. Mayor Capretta read the announcement of date, time and place of the Final Budget Hearing of September 28, 2000 at 7 p.m. in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida. B) Variance Request from Florida Apartment Club at Tequesta (a.k.a. Lighthouse Cove), owner of the property located at 230 Village Blvd., Tequesta, Florida, Property Control No. 60-43-40-30-00-002-0170, for the installation of approximately 3400 lineal felt of five (5) foot high aluminum picket fence with six (6) foot columns at every 25 feet around the perimeter of the property, in lieu of no walls or fences shall be permitted to extend forward of the building front on any lot or parcel, as required by the Zoning Code, and Site Plan Review for same. (A Quasi Judicial Hearing) 1. Swearing-in of Witnesses, if Required. • Acting Village Manager Manganiello swore in all VILLAGE COUNCIL 1~ETING MINUTES September 14, 2000 PAGE 24 those wishing to speak. 2. Disclosure of Ex-Parts Comrninications Members of the Village Council indicated there had been no ex-parts communication. 3. Testimony of Witnesses and Cross-Exatnination, if Any Jessica Negron described the proposed aluminum picket fence to be placed around the perimeter of the property which she indicated would provide a sense of safety, privacy, and protection, would enhance the landscaping, and would provide an aesthetically pleasing appearance. Ms. Negron presented a rendering of the project. Planner Kara Irwin commented fences were not permitted forward of the building front and this fence was proposed • around the perimeter of the property, which required a variance. Councilmember Genco inquired whether there had been any objections, to which Planner Irwin responded notice had been given 300' from the project and also advertised in the newspaper and no objections had been received. Vice Mayor Schauer requested Ms. Irwin check on the notices since she believed St. Jude had not been notified. The Vice Mayor pointed out that the 6' concrete column in the area of the preserve easement could be a traffic hazard since some of the landscaping was already blocking the view and causing visibility problems to motorists when turning. Ms. Negron agreed to provide a thicker aluminum post instead of the 6' concrete column in that area. The Vice Mayor requested some of the landscaping be removed also, and thanked the complex for moving their sign so quickly after she had called. Councilmember Walker commented the fence really completed the project visually, Councilmember Walker questioned how much of the project was occupied, which Ms. Negron estimated to be 60$ to 70$. Village Attorney Randolph advised that this was not • just a site plan review but an application for a variance, and he wanted to be sure the Village VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 25 Council was satisfied the Code criteria for granting a variance had been met. 4. Finding of Fact Based Upon Competent, Substantial Evidence: Councilmember Genco made a motion to approve the variance request from Florida Apartment Club at Tequesta (a.k.a. Lighthouse Cove). Councilmennber 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 i The motion was therefore passed and adopted. Vice Mayor Schauer made a motion to approve the Site Plan for Florida Apartment Club at Tequesta (a.k.a. Lighthouse Cove). 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. 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 • removed from the Consent Agenda of Business and considered in its normal sequence on the Agenda. • VILLAGE COUNCIL 1~ETING MIN[JTES Septe~er 14, 2000 PAGE 2 6 Mayor Capretta Schauer read aloud the following Consent Agenda items: VII. PRESENTATIONS AND PROCLAMATIONS *A) Proclamation Declaring the Week of September 17-23, 2000, Constitution Week. *B) Proclamation Declaring September 2000 as Literacy Month. VIII. APPROVAL OF MINUTES AND REPORTS *A) Special Master Hearing, June 15, 2000; *B) Community Appearance Board Meeting, June 21, 2000; *C) Village Council Workshop Meeting, August 3, 2000; • *D} *E) Village ViZZage Council Workshop Meeting, August Council Workshop Meeting, August 5, S, 2000; 2000; *F) ViZZage Council Meeting, August 10, 2000; *E) Village Manager's Report, August 14 - September 8, 2000 IX. NEW BUSINESS *C) Resolution No. 81-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for the General Laboratory Services with Envirodyne, Inc. of Boca Raton, Florida, in the Amount of $22,333.00, Having an FY 2000/2001 Budget Allocation of $28,000 with Funds Being Appropriated From the Laboratory Services and Authorizing the Acting Village Manager to Execute the Applicable Contract on Behalf of the Village (Staff Recommends Approval} *D) Resolution No. 82-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving the Bid Award for • Well Rehabilitation for a 12-month Contract (October 1, 1000 through September 2001) To Aquifer vILZ~GE covNCIL Mi:ETING MINUTES Septemb®r 14, 2000 PAGE 27 Maintenance Performance (AMPS) of Davie, Florida, in the Amount of $594,350, With Funds for FY 2000/2001 Being Appropriated from the Water Enterprise Fund, Having a FY 2000/2001 Budget Allocation of $20,000, and Subject to Funds Being Appropriated and Approved by the Village Council for FY 2000/2001, and Authorizing the Acting Village Manager to Execute the Applicable Contract on Behalf of the Village. (Staff Recommends Approval) Motion was made by Councilmember Genco to approve the Consent Agenda as read. The motion was seconded by Vice Mayor Schauer. 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. APPOINTMENTS A) Consideration of Either the Reappointment of Steve Parker to a Three-Year Term as a Regular Mennber of the Community Appearance Board or Appointment of a New Regular Member, With Said T®rm Expiring September 14, 2003. Acting Village Manager Manganiello explained that Mr. Parker had been contacted and indicated his willingness to continue to serve on the Community Appearance Board; however, along with his application other applications had been presented to the Village Council since they had requested all applicants be considered. During comments by the members of the Village Council, it was pointed out that with the present makeup of the Board, they could use a member with Mr. Parker's expertise and experience. Motion was made by Vice Mayor Schauer to reappoint Steve Parker to a Three-Year Term as a Regular Member of the • Community Appearance Board, with said term expiring VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 28 September 14, 2003. The motion was seconded by Councilm~nber Genco. 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. x. NEW BvslNESs A) Consideration of Whether or Not to Pursue Assessment of Liquidated Damages and other Costs Against Poole and Kent Company, Contractor, Reverse Osmosis Treatment Facility. • Mayor Capretta explained that the reverse osmosis plant had been completed and a decision was needed whether to require the Poole and Kent Company to pay liquidated damages and other costs, including outstanding engineering fees. Mayor Capretta explained that approximately a year ago when the job had fallen behind, the Village had chosen not to charge liquidated damages since the contractor was cooperating and working closely with the Village and had not charged the Village extra for many items. Consultant Bill Reese of Reese, Macon and Associates, Inc., explained that no construction problems had been found other than a couple of warranty items which the contractor had taken care of, but no structural issues had been found. Councilmember Geneo asked the Village Attorney whether the Village would be going against the performance bond by not charging liquidated damages, to which Village Attorney Randolph responded that was unrelated. Mr. Reese verified for Council.member Walker that the job had been completed without a single change order, which was very rare, and without attaching any of the $100,000 contingency fee. Mr. Reese explained that in addition to liquidated damages the contract provided for an obligation by the contractor to pay any costs incurred by not completing the job on time, which the contractor had informally • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 29 indicated they would pay. Mr. Patrick Carr of Poole and Kent Company explained his company was willing to pay the engineering fees but requested the liquidated damages provision in the contract be waived and the project finalized. Mr. Reese explained the exposure was $156,000; however, the contractor had requested a time extension which would involve more costs. Mayor Capretta questioned whether if the Village decided to add another train soon to the RO plant if Mr. Reese would recommend using Poole and Kent Company again, to which Mr. Reese responded yes. Mr. Reese stated there was not a bolt in the building that was different than the plans, and observed that was unusual in today's construction world, and stated that there may be value to the Village of having a reputation that asks for what it wants and gets what it wants but isn't punitive for the sake of being punitive to contractors, and on that basis recommended waiving the liquidated damages. Mr. Reese confirmed the • 60-day delay did not cost the Village anything, did not hurt the operation of the plant in any way, and that the goals had been achieved for costs and operational efficiency. Acting Village Manager Manganiello questioned if Mr. Carr would be willing to modify his statement that his firm would pay engineering costs if liquidated damages were waived to also include the other costs. Mr. Carr stated he was not aware of the dollar amounts for electricity and water costs but if it was a requirement of their contract they would pay those also. Councilmember Dalack commented the liquidated damages clause was not a legal technicality but was a part of the contract. Councilmember Dalack made a motion that the Village not pursue liquidated damages provided in the contract conditioned upon the contractor paying $100,000 for engineering costs plus water and electricity costs, etc. The Village Attorney advised that $100,000 went way beyond the amount for engineering, water, and electricity costs. Councilmember Dalack stated his motion was to settle the liquidated damages for $100,000. The motion died for lack of a second. • Gouncilma~nber Walker made a motion that the Village not . pursue assessment of liquidated damages cost against • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 30 Poole and Kent Conq~any, Contractor, reverse osmosis treatment facility subject to the Contractor agreeing to pay all outstanding costs including engineering, water, and electric that came about as a result of the delay.. Vice Mayor Schauer seconded the nation. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The nation was therefore passed and adopted. Vice Mayor Schauer commented she would like Poole and Rent Company to work on Jupiter High School and commended . them for keeping the reverse osmosis job so neat and orderly. Mr. Carr explained that their company had suffered losses on this job but the Village had worked with them and treated them fairly, which they appreciated. B) Consideration of Establishment of Marine Patrol Unit in the Tequesta Police Department. (Staff Recommends Approval) Assistant Police Chief Garlo explained that the number of recreational boaters on the waterways was dramatically increasing and the Police Department was receiving complaints on a regular basis regarding reckless boating operations, and there had been a recent rash of boat burglaries at waterfront homes. A small group of Tequesta residents who wished to remain anonymous had donated $41,000 to the police department to purchase and equip a state-of-the-art police boat, which would be used on a limited schedule without increasing manpower or impacting the overtime budget, and which would be scheduled for use on weekends and holidays. Assistant Police Chief Garlo explained that the boat would be a crime deterrent, and could be used to assist boaters. • pfficer James Pike, a licensed boat captain, or part-ti.me Officer Jeffrey Maxon, who was also qualified, would be • viLZAGE covNCIL MEETING MINUTES September 14, 2000 PAGE 31 assigned to operate the boat 16 hours per week, so that no additional staff would be needed. Councilmember Dalack expressed his opinion that this was a great idea but questioned the legality of a marine patrol. City Attorney Randolph advised that many municipalities had such departments. Vice Mayor Schauer favored establishment of the marine patrol unit. Assistant Police Chief Garlo explained that the Village had jurisdiction and could make arrests on the water, and also had mutual aid agreements with surrounding municipalities and the County allowing them to take enforcement actions outside the boundaries of Tequesta in certain types of crime situations. Councilmember Genco questioned the percentage of crimes this unit would address, to which Assistant Police Chief Garlo responded that the focus of the unit would be on safety. Councilmember Genco asked if Jupiter and the County could handle the speeding, etc., within Tequesta's boundaries. • Assistant Police Chief Garlo responded no, that the individuals who made the donation had done so because the limited number of marine patrol units were stretched so thin. Councilmember Genco stated she was in favor of accepting the money and using it for public safety but had a problem with dedicating staff because it was taking away from the staff on land, and suggested only using the boat for .investigation and safety education programs instead of having a set schedule. Assistant Police Chief Garlo explained that the road patrol would not be impacted since a reserve officer who did not work regular shifts would be used, and Officer Pike could operate the boat one day a week and still handle his other duties on the remaining four days. Councilmember Genco stated she did not feel the Village should start a marine patrol program. Councilmember Walker commended the residents who made the donation, and explained that she and a group of neighbors got together at the beginning of each season and called the Florida Marine Patrol to ask them to use their boat slips to slow boat traffic, but noted that the Florida Marine Patrol only had one officer for north of Palm Beach Gardens to Martin County. Mayor Capretta recommended trying this as an experiment and developing proper rules of safety traa.ning, safety awareness, etc., • and that a report be made to the Village Council in one year on its effectiveness. VILLAGE COUNCIL MEETING MINUTES Segtember 14, 2000 PAGE 32 Tim Goldsbury, 20 Tradewinds Circle, expressed surprise that the Village wanted to take on traffic patrol on the river, because of the small number of homes on the water and because the problem was much bigger than could be handled. Mr. Goldsbury suggested locks on boats, alarms, etc., to deter burglaries and expressed concern that the purpose was to control traffic and stated he was not sure this was the way to attack the concern. Peggy Verhoeven agreed with Mr. Goldsbury and stated her fear was more for safety on weekends for kids using jet skis, which she considered dangerous. Mrs. Verhoeven stated she did not have an opinion one way or the other. Vice Mayor Schauer requested a monthly report similar to the criminal activity report. Assistant Police Chief Garlo responded a monthly report would be prepared to include all activity. • Vice Mayor Schauer made a motion to establish a marine patrol unit for a one-year time period. Councilmember Walker seconded the motion. 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. E~ Resolution No. 83-99/00 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Contract Renewal with Tequesta PC, Inc., D/B/A On-Site of Tequesta, Florida, for Network Administration Services in the Anqunt of $11,400, with Funds Being Appropriated From the Genera]. Fund Finance Department Budget, Having a FY 2000/2001. Budget Allocation of $12,000 and Authorizing the Village Manager to Execute the Same on Behalf of the Village. • Council.member Genco indicated she had pulled this item from the Consent Agenda in order to ask whether any money vlLr~,GE covNCiL MEETING MINUTES September 14, 2000 PAGE 33 was available in the budget to establish an Internet site for the Village to post a monthly calendar and agenda, to which Acting Village Manager Manganiello responded yes, and that once external networking had been established this task would be assigned to the Administration Department Executive Secretary to creating and maintain the site. Acting Village Manager Manganiello pointed out the Police Department did have a site. Councilmember Genco read Resolution 83-99/00 and made a motion to approve Resolution 83-99/00. Vice Mayor Schauer seconded the motion. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The nation was therefore passed and adopted. F) Resolution No. 83-99/00 - 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 time ago the Village had advertised for a Manager, and had received 40 some applicants, which the Village Council then reduced down to the top ten, then the top five, and then the top two, Ms. Boyer and Mr. Couzzo, who were interviewed at a public meeting. The Village Council had voted 5-0 to show a preference for Mr. Couzzo, and to authorize the Mayor and the Village Attorney to negotiate a contract with him subject to a physical examination and a background check, which was the process which had taken place to date to hire Mr. Couzzo as the Village Manager. Village Attorney Randolph explained that attached to the Resolution was the contract, which had been provided to the Village Councilmembers through the Acting Village • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 34 Manager. Village Attorney Randolph commented that Mr. Couzzo, his wife, and daughter were present tonight. The Village Attorney explained that he and Mayor Capretta had met with Mr. Couzzo and worked out the contract, which was basically modeled after the contract the Village had had with the previous Village Manager. The agreement set forth terms of pay, severance pay, duties, a salary beginning at $84,000 with annual evaluations, 4~ base salary increase on October 1 each year, provision for automobile allowance, moving expenses subject to approval by the Village Council, professional development terms to allow attendance at conferences, insurance, indemnification, and a general expense allowance allowing $200 per month for job-related expenses. Mr. Couzzo came forward to answer any questions. Vice Mayor Schauer commented there were several items in Mr. Couzzo's background investigation that she did not like, she did not like the $200 expense allowance and some other items, and she was sorry to say she could not vote to hire Mr. Couzzo. Councilmember Genco questioned whether the expense allowance was unusual. Mr. Couzzo explained that if the expense allowance exceeded $50 per week it would be his responsibility to pay it. Acting Village Manager Manganiello explained that she did not know if having a monthly allowance for expenses was unusual, but that-it had not been done in the past, and expenses had been paid and then reimbursed. A cell phone was provided by the Village and charges were usually under $20 per month, with any personal calls reimbursed by the Village Manager. Mr. Couzzo indicated he would have no problem with the expense allowance. Councilmember Genco noted that in the information provided to the Village Council there had been many duplications and one traffic situation did not even belong to Mr Couzzo, and requested that Vice Mayor Schauer look at the information again. Mayor Capretta explained that he was very experienced in hiring people, and there were four issues in Mr. Couzzo's background check that were of concern. The first issue was that Mr. Couzzo had told the Village Council he had been second on the list for the position of Assistant Village Manager in Palm Beach, the background investigation had stated that was not true, but then Village Attorney Randolph had checked with the Village Manager who had told Mr. Couzzo he was second, and • VTLLA(~E COUNCIL MEETING MINUTES September 14, 2000 PAGE 35 verified that it was true. Mayor Capretta asked Mr. Couzzo to explain the other three items . The Mayor noted that the background investigation had revealed that Mr. Couzzo had had some problems regarding some lunches and an expense account in the past which had apparently led to bitter feelings with a Mayor and Vice Mayor. Mayor Capretta commented that had been discussed during contract negotiations and an alternative method of handling expense items had been established to avoid such conflicts by allowing $200 each month for all expense items, with Mr. Couzzo to pay any amounts above that. The second problem discussed by Mayor Capretta was a problem Mr. Couzzo had with the State Attorney's office about violation of the Sunshine Law. The third item was that Mr. Couzzo had failed to mention he had been discharged from his last position. Mayor Capretta advised that he had come to the conclusion that friction between Mr. Couzzo and the Mayor and Vice Mayor was the • reason Mr. Couzzo had been discharged, and some people had concluded that Mr. Couzzo had not been forthright by not mentioning during his interview that he had been discharged. Mr. Couzzo responded that on Monday he had met with the Village Attorney to discuss these issues. Mr. Couzzo commented he spent five years with the Village of Miami Shores during which he worked for a number of different council people. The first council wanted someone to come in who would get out in the community and effectively market. Mr. Couzzo had done that and had done all the entertaining and lunches at his own expense until the Mayor had deemed that unacceptable and he was given a credit card to use for those expenses, which had been the policy until two months before he left, because one of the councilmembers thought it was not appropriate to go to lunch with anyone. Mr. Couzzo commented that because of this, when he was negotiating with Village Attorney Randolph he had suggested the monthly allowance because he thought that it might be easier to establish a minimal amount to avoid any perception of impropriety or difference of opinion over how expenses should be used. Mr. Couzzo commented that the Vice Mayor at Miami Shores, a 27-year highly regazded FBI supervisor, was on the Council for five years, and Mr. Couzzo and he became • close, as he had with many others, since it was a small town and he was expected to socialize, and he became • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 36 friendly with all of them, including the Mayor. Mr. Couzzo explained that the last year he was there, there was ashift-alternating elections were held and the Mayor and Vice Mayor both ran again and the winner became Mayor, which created a lot of tension. There had been a perception that Mr. Couzzo was more closely aligned with the Vice Mayor than the Mayor, probably because he had known him longer. Mr. Couzzo explained that this was all political and it served no end for him to get involved. The issue with the State Attorney's office had occurred around the same time. Mr. Couzzo stated that the intent of the Sunshine Law was excellent, to have open government; however, in a small community over a period of years the councilmembers became friends, and if the Mayor and Vice Mayor, for example, were seen talking outside the Council chambers someone could file a claim and suggest that they were discussing a matter that should have been discussed in the sunshine. Mr. Couzzo • stated the State Attorney's office had an obligation to investigate those claims. The State Attorney of Dade County had investigated the claim thoroughly. Mr. Couzzo stated he voluntarily gave a deposition. The problem had arisen from lunches with two council people on many occasions and Mr. Couzzo knew he would be the one who had to give testimony against them, therefore, he had always cautioned them that they could not speak of anything that could conceivably come before the council and the fact was that nothing such as that was ever discussed. The State Attorney had determined no findings and that there was no evidence to support any wrongdoing. Mr. Couzzo explained that regarding expenses, there had been a meticulous record-keeping system in place with all expense receipts, and the general expenses were all fine. There had been no problem except for the perception of one councilmember who thought the Village Manager should not be entertaining; but the previous Councils had wanted it done. Mr. Couzzo stated there had been no improprieties, and that the State Attorney's office had proved that. Mr. Couzzo commented that taxes had been reduced, property values had increased, and services had been increased during his employment at Miami Shores. Mr. Couzzo commented that a Manager's position was • difficult because of working for five different personalities, and the fact he had stayed at Miami Shore • VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 37 for five years with every single evaluation rated exceptional should speak for itself, and he had outlived the national average of 21/2 years for a manager. Councilmember Dalack commented that on one of the applications received for this position the applicant had stated he had been fired, which led Mr. Dalack to believe he was an honest man, and he had been disturbed that Mr. Couzzo had not mentioned this matter during the interview. Councilmember Dalack noted that if Mr. Couzzo had told the Council that he had been fired it would have immediately become unimportant to him. Councilmember Dalack reported he had spoken to Mr. Centereno, the Assistant State Attorney who investigated the case, and who, in regard to the credit card had found nothing criminal and had no impressions regarding the case. Councilmember Dalack stated he would like further investigation to determine that there was nothing and • that he would like to be convinced that it was nothing because he would like the Village to engage Mr. Couzzo for the position. Councilmember Dalack suggested that the decision regarding hiring Mr. Couzzo be delayed for two weeks to afford time for further investigation of underlying matters on the theft charge. Village Attorney Randolph advised that the Police Department had obtained the public records, and that in regard to any investigation that was all that would be found. Councilmember Dalack stated he wanted something from human beings and not dust pieces of paper. Councilmember Dalack stated if the additional investigation was favorable he would definitely be in favor of hiring Mr. Couzzo. Mr. Couzzo explained regarding Councilmember Dalack commenting Mr. Couzzo had not told the Village Council he had been fired, that in the documentation he had provided there had been several letters which related specifically in writing to that, plus prior to the interview he had signed a waiver of disclosure for background investigation and_it had been his experience that the background investigation would be done before the interview; also, the Council was interviewing him and he was answering questions, and he had not been in a position to bring it up. Mr. Couzzo commented he was • very sad when he had to leave Miami Shores and still had many friends there. Mr. Couzzo commented regarding the • VILLAGE COUNCIL M6ETiNt3 MINUTES Septe~r 14, 2000 PAGE 38 lunches that one of the people Mr. Dalack should speak to was the FBT supervisor because he was the one that was there and the one who had been under investigation, and the other person was president of a bank in Miami, and he had no objection to them being contacted. Councilmember Genco commented she had been responsible for hiring 1,200-1,500 people and was accustomed to reviewing background checks, and very, very few came back with nothing. Councilmember Genco explained that she expected a person who had worked as a Village Manager to have had problems with Council members, that she was sure some people would have negative comments about Mr. Bradford, the Sunshine Law incident did not trouble her, and nothing had made her feel Mr. Couzzo had a bad character and should not be hired. Vice Mayor Schauer apologized for not having the background investigation done before the interview, commented she had hired 8-9 people and fired 15, stated she had trusted former Village Manager • Bradford and had never asked for expenses from any staff member, and that she could not have a good working relationship with Mr. Couzzo unless something changed. Mr. Couzzo responded that he understood Mrs. Schauer's dilemma, and that trust had to be acquired, but that he had nothing to hide. Mr. Couzzo commented there had been a councilman who was definitely motivated for him to be terminated, and who had asked Mr. Couzzo to leave. Mr. Couzzo chose not to leave but to stay and honor his contract, which upset the councilman, who went on a tear and said things that were baseless and malicious, which had been unfortunate. Mrs. Couzzo commented that losing the job had not hurt as much as the attack on Mr. Couzzo's integrity because it was groundless and the councilman had gone after Mr. Couzzo and destroyed his integrity. Mrs. Couzzo stated she had been married to Mr. Couzzo for 25 years and he was the most honest, trustworthy man and had done everything by the book-that he always followed the Sunshine Law and he was the one who told people not to have conversations. Mrs. Couzzo commented that in the political situation there was no way to win no matter how much one went by the book; that if someone wanted to get you they would; that Mr. Couzzo had done everything he could; to hear the Council • thinking that he was not an honest man just brought back everything again that had happened; that the situation • VILLAGE COUNCIL MEETING MINUTES Sept~er 14, 2000 PAeGE 3 9 was not fair then and it was not fair now. Mayor Capretta commented it took four votes to hire a Village Manager, and the first vote on Mr. Couzzo had been 5-0 and not just a 5-0 vote but an enthusiastic unanimous vote. Mayor Capretta stated he had read the background investigation files noted the items discussed tonight, and they had all been resolved to his satisfaction. Mayor Capretta stated he supported Mr. Couzzo, Councilmember Dalack had indicated he could support him if one issue were cleared up; Vice Mayor Schauer had indicated she could not support him at all; Councilmember Genco had expressed her support, and Councilmeinber Walker had not yet expressed an opinion. Councilmember Walker Commented that she apologized to Mr. and Mrs . Couzzo but she did not have 1008 confidence, and although she understood what had happened to him, and although she knew she could not duplicate Mr. Bradford, she hoped to. Vice Mayor Schauer commented she thought it was unfair to Mr. Couzzo to state that Councilmember Walker wanted to duplicate Mr. Bradford. Vice Mayor Schauer commented she understood about the attack on Mr. Couzzo's integrity. The Vice Mayor commented she had not been looking for anyone like Mr. Bradford, but a new face, a new personal.~ty and a whole new direction with a go-getter who would turn things around. Mayor Capretta commented that Mr. Dalack had a specific item that could be investigated, but Vice Mayor Schauer had only expressed a general feeling, so no amount of investigation would help change her mind. Mayor Capretta commented he had read all the information before anyone else, that he had been looking for integrity, and that the things in the background Check were normal. Councilmember Dalack asked the Vice Mayor if her mind was open to change her position based on what further investigation would show. Village Manager Randolph asked to speak before the Vice Mayor answered Councilmember Dalack's question, and explained that further investigation could be conducted but that also there was nothing to preclude Councilmembers from talking one on one with Mr. Couzzo just as he had done, and that he was sure Mr. Couzzo would be happy to talk one on one with • any of them. Councilmember Dalack commented that he did not want to lose Mr. Couzzo and the best means of doing VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 40 so was further investigation to find that accusations were groundless, and he wished to delay a decision for two weeks in order to conduct further investigation. The Mayor commented that both he and the Village Attorney had talked one on one with Mr. Couzzo, and that Village Attorney Randolph had become an enthusiastic supporter. Mayor Capretta commented the Vice Mayor and Councilmember Walker did not have confidence in Mr. Couzzo and the way that might be resolved was for each to talk one on one to him, to ask him anything they wanted, to ask how he would handle various situations on the job, to ask him the same questions they would have asked Mr. Bradford to see if his answers were similar, and in that way gain confidence in him. Councilmember Walker asked Mr. Couzzo if he would be willing to do that, to which he responded very much so, that he would appreciate the opportunity, that both he and his family and the Village had invested a lot and were now eight weeks into the process, that he was confident he could do a great job for the community, that he appreciated his wife's comments and support, and that the issue of integrity was number one and the reason he took a hard stand at Miami Shores was that they were integrity issues and he was not going to buckle to the politics of it or to potentially getting fired, which ultimately happened; he was not going to side politically, but was going to do what he believed was in the best interests of that community. Mr. Couzzo stated he was proud that anyone could go talk to 90$-99~ of the Miami Shores people, who would support him. Mayor Capretta called for a motion to delay the decision until the next Village Council meeting in order to conduct further investigation to resolve Councilmember Dalack's question, to allow Vice Mayor Schauer and Councilmember Walker to each conduct at least a two-hour one-on-one interview with Mr. Couzzo regarding how he would operate as Village Manager, how he would resolve problems within the Village, and how he would bring the groups together regarding the location of the Municipal Center, to see if this situation could be saved. Councilmemb®r Dalack made a motion to defer voting on • Resolution 84-99/00 until the next Village Council meeting, pending investigation and pending conversations • vILLr,GE covNCIL MEETING MINUTES September 14, 2000 PAGE 41 between Vice Mayor Schauer and Councilm~®r Walker and Mr. Couzzo. Vice Mayor Schauer seconded the motion. The date of the next Village Council meeting was announced as September 28, 2000. The vote on the motion was: Joseph N. Capretta - for Elizabeth A. Schauer - for Basal Dalack - for Geraldine Genco - for Sharpn Walker - for The motion was therefore passed and adopted. G) UNFINISHED BUSINESS A) Ordinance - Second 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 second reading. Acting Village Manager Manganiello explained this was indeed the second reading; however there would be a third reading since the fa.rst reading mistakenly omitted a substantive portion of the Ordinance. Therefore, this would actually be considered first reading and there would be another reading at the 9/28/2000 meeting. Vice Mayor Schauer made a motion to approve the above Ordinance on second reading by title only. Councilmember Walker seconded the motion. The vote on the motion was: • Joseph N. Capretta T for Elizabeth A. Schauer for VILLAGE COUNCIL MEETING MINUTES September 14, 2000 PAGE 42 Basil Dalack - for Geraldine Genco - against Sharon Walker - for The motion was therefore passed and adopted. XII. ANY OTHER MATTERS Vice Mayor Schauer reported several people in the Country Club had asked her why they had not seen the water truck or equipment for a couple of weeks. Consultant Tom Jensen explained ENCON had completed Phase I except for the punch list items and people would not received letters stating it was okay to hook up for several months. The laterals that were too shallow in all areas where gravity sewers were installed would be an ENCON issue, and was a Health Department requirement, and this was making the Village contractor's work installing the water mains go slower. Mr. Jensen reported Ric-Man had issued a claim which he and Mr. Jensen were negotiating. Mr. Jensen described the work that was slowing production, and next week hoped to have figures that he, Mr. Brienza, and Ric-Man could resolve so that a change order could be issued and ENCON could provide reimbursement. Mr. Jensen commented this did not affect. the working of the sanitary sewer system. Mr. Jensen explained that Ric-Man felt he had the right to stop work because he had submitted a claim, however, Mr. Jensen had told him he did not have the right to stop work while the claim was being negotiated. Mr. Jensen reported that Phase I had gotten off to a late start, but substantial completion was expected in January, 2001. Mr. Jensen explained that ENCON would begin Phase II in February, 2001, and that negotiations were in process for Ric-Man to work a second crew so they could do the Village's work in Phase II ahead of ENCON. Joe Hall commented that Bermuda Terrace was apparently ahead of the Country Club because he had spoken to a Bermuda Terrace resident who was having septic tank problems and was told by ENCON he could hook up on Monday. Councilmember Walker commented she was willing to defer the items she had added to the agenda except for one item, which was the meet and greet session she had proposed, the first of which was to be scheduled for the October 12 Village Council vILr~E covriclz MLETINC3 MINiJTES September 14, 2000 PAQ4E 43 ----------------------- meeting. Vice Mayor Schauer suggested that due to the lateness of the hour, this item be placed on the September 28 Village Council meeting agenda and be resolved at that meeting. XI. ADJOURPII~NT Vice Mayor Schauer 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 C3eraldine t3enco - for Sharon Walker - for The motion was therefore passed and adopted and the meeting was adjourned at 11:45 p.m. Respectfully submitted,. ,~~~ ~ Betty Laur Recording Secretary ATTEST: Jo nn Manganie o Village Clerk DATE APPROVED: