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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_12/10/2015 MINUTES VILLAGE OF TEQUESTA EMERGENCY � SPECIAL MEETING October 14, 2015 Cail to Order and Roll Call The meeting was called to order by Mayor Abby Brennan at 1:30 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena and Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra (on phone). 1. Council Discussion and Action Regarding the Jupiter Inlet Colony Infrastructure Improvements Attorney Davis stated that Jupiter Inlet Colony (JIC) voted against a 25% surcharge and 9% utility tax. Jupiter Inlet Colony also voted yes on the reapportion concept, bringing the $1.9 million down to $1.6 million Council Member Okun pointed out he would have requested that Legal counsel attend the Jupiter Inlet Colony meeting, had Attorney Davis been able to reach him, as he was able to contact the rest of the Council. Attorney Davis mentioned that he placed a call to Council Member Okun but did not receive a response. Attorney Davis mentioned that Dr. Arrington agreed to remove the award of the contract from their meeting on Thursday, and noted this would be the last postponement given. He does still intend to present the reapportion. Council Member Okun questioned the deadline date if the Village of Tequesta chose not to participate. Attorney Davis answered that the deadline remains prior to the contract being awarded on November 19, 2015. Council Member Okun referenced a letter that Council instructed Legal to write early on, giving notice to Jupiter Inlet Colony and the District, regarding a budget issue. Attorney Davis recalled that he notified the other parties and added that once the contract was awarded we could not withdraw. He also noted that there was nothing in the interhold agreement that would prevent the other parties from going to contract. Council Member D'Ambra offered that it would have been nice to have had Jupiter Inlet Colony go along with the extension. He asked what the economic impact would be if the Village chose not to move forward. He would have liked to have seen a different response from Jupiter Inlet Colony and felt it would be shortsighted to make a rash decision. Council Member D'Ambra concluded that it made sense to go forward as agreed with the understanding they would go forward and reapportion. Council Member Arena stated that he did not want the deal to go away and would like a serious meeting on planning to redo all of the lines. He suggested raising rates by 25 Minutes —Special Council Meeting 10/14/15 Page 2 percent while taking away a 25 percent surcharge. Also, he suggested that a surcharge be left for some of the non-residents. Rates would need to be raised in order to have revenue for new lines. This can all be done over time, without leaving everything on our kids' backs. Council Member Arena remarked that he agreed with Council Member D'Ambra in that this should not slip by. Council Member Okun acknowledged that he had a serious issue with Council not being aware they could impose the surcharge. He recalled being told that it was not possible because JIC was a municipality. He added that in response to the Jupiter Inlet Colony saying that they did not want to do the right thing and establish a parity issue with regards to the water system, he would like to have another attorney's viewpoint. He indicated that there were two serious errors that occurred that have cost us financially. Council Member Okun had serious doubts regarding the numbers and felt inclined to not do it and to walk away. He felt it may not be a good deal. Council Member Okun questioned Attorney Davis about the origination of the notion that the Village could not charge another municipality. He also inquired as to whether the document had been scrutinized or if there had been any suggestions made. Attorney Davis responded that he did not know of the origin and that the original contract dated back to the 1970s. Council Member D'Ambra professed that he understood the frustration. He stated that in reality we have a binding contract that we are obligated to leave as is and that bringing in another attorney to be assertive would not be a good idea. He believed it was less costly to go forward now than in the future and that Council needed to consider it from a standpoint that it makes sense to go forward. Council Member Okun disagreed. Mayor Brennan asked that Council go back to what they were discussing earlier. Council Member Paterno cited that Council Member Okun was correct in bringing up such issues at this time and that there was a need for better understanding. He pointed out that the JIC had out maneuvered them and that the Loxahatchee River District had planned to vote on this matter without notifying The Village. Manager Couzzo responded to Council Member D'Ambra's questions regarding the $1.67 million, stating that it is not a firm number due to possible change orders. Council Member D'Ambra asked if it would be possible to arrange for a hard cost and to not go any higher, while asking that they absorb any change order costs. Manager Couzzo answered that anything is possible if negotiated. Mayor Brennan questioned as to why it was not researched and if the Manager had inquired on other alternatives. Manager Couzzo answered that there were options. He stated that doing the project in concert with the sewer and drainage provided benefits, and we could try to negotiate an up limit exposure. Minutes —Special Council Meeting 10/14/15 Page 3 Council Member Okun revealed that the JIC had a grant that would expire if they did not move forward. Manager Couzzo agreed that the expiring grant could possibly cause the JIC to lose money. Council Member Okun reiterated that a re-bid should have occurred but did not because others were not in favor. Manager Couzo stated that a rebid is still a possibility. Council Member Paterno pointed out that there was now only 24 hours left to submit a rebid and this should have been done last month. He opined that the Village had been misled by Jupiter Inlet Colony. Manager Couuo felt skeptical that there would be a vote tomorrow night as it was not in writing. Council Member Paterno believed that the JIC was prepared to move forward without the consideration of Council, in order to get it done. Council Member Okun agreed that the Village had no leverage now. Manager Couzzo stated that the negotiation position had not changed and that a decision needed to be made. Council Member Paterno suggested Council tell Jupiter Inlet Colony that we decline and cannot afford the project. Council Member Okun added that he was disappointed that Attorney Davis did not attend the meeting, as he could have gathered additional information, such as comments and voting results, from being there in person. Attorney Davis went on to explain that even with residents voicing negative comments, the reapportionment agreement was passed unanimously. Council Member D'Ambra expressed concern that this was going to be pushed on the Village without their knowledge and felt that it was not in the spirit of cooperation. He continued to convey that he was in favor of locking down a top dollar cost that the Village would pay. Also, that there was a benefit to the Village participating and that backing out would cost the Village a lot of money. He felt that Council needed to be rational but not emotional. Attorney Davis read an email from The Loxahatchee River District and felt that the Village had a right to rely on that representation. Manager Couzzo would like to know what the Council wanted to do going forward. Detailed discussion took place on various options to move forward including a surcharge and locking in the amount with no over-runs. Mayor Brennan recalled that Council agreed to do the work at a certain price. She continued by stating that neither party could have foreseen that no one wanted to bid the small jobs. Council Member Arena and Mayor Brennan discussed concerns that Council Member Paterno said he had voiced from the inception. Minutes —Special Council Meeting 10/14/15 Page 4 Council Member D'Ambra inquired as to the bottom line amount now versus later and put a cap on it. Attorney Davis reported that it was at $1,633,998. Council Member D'Ambra felt that is was good number. Council Member Paterno asked if that number includeed the engineering costs and Council Member D'Ambra responded that $1.6 million should be what The Village would commit to. Attorney Davis read an excerpt from the interlocal agreement stating that all of those costs were included, but we need to make sure the bid number would also include those costs. Manager Couzzo suggested that our proposal be an absolute and that it should include everything change orders, design work, Act of God. We are paying at a prorated amount and that the 1.6 should be all in. Council Member Paterno asked if the letter that Council was planning to send would be similar to the last one or would it state the Village would cancel if terms were not met. Manager Couuo suggested that Legal send a letter to ask that the Loxahatchee River District would not vote on the contract. MOTION: Vice-Mayor Arena moved to authorize Manager Couzzo or Attorney Davis to represent the Village of Tequesta. In addition, should the contract come before the Loxahatchee River District for approval, then the Manager and/or Attorney are authorized and directed to state that the Village of Tequesta be withdrawn from the contract; seconded by Council Member Patemo; motion carried unanimously. Detailed discussion ensued. MOTION: Council Member Paterno made a motion to cancel the contract; Seconded by Council Mem6er Okun. Discussion took place regarding two options including a not to exceed amount with no change orders or to completely withdraw and commence new negotiations. Council Member Paterno asked Attorney Davis to restate part B of the motion. Attorney Davis restated in a friendly amendment to the original motion, that having given the other parties notice that the Village was withdrawing from the agreement, the Manager was directed to negotiate new terms in the best interest of the Village of Tequesta. Roll Call Vote was as follows: Mayor Brennan no Council Member Arena no Council Member Paterno yes Council Member Okun yes Minutes —Special Council Meeting 10/14/15 Page 5 Council Member D'Ambra no The motion failed at two votes in favor and three votes opposed. The Council asked for clarification of the first motion that had been approved. Village Clerk McWilliams read the first motion as follows: The City Manager would attend the meeting and the Council has given the authority and direction for the City Manager to remove the Village of Tequesta from the contract, should the contract go back on the agenda before November 19, 2015. Mayor Brennan asked for a brief break so that Attorney Davis, Manager Couzzo and Village Clerk McWilliams could properly word the motion for Council. Council Member Arena and Council Member Okun continued a conversation while the Council was on break. At 3:46 p.m. the meeting reconvened. Manager Couzzo suggested that if the Loxahatchee River District moves to address the contract that the Village of Tequesta put them on notice. The Village would be withdrawing from the contract due to budgetary conditions. A letter will go out tomorrow morning for review and then to the Loxahatchee River District before noon. Manager Couzzo continued to direct Attorney Davis to review the existing contract to reflect the changes discussed today. He will then provide to Council an amended contract and if in agreement, will move forward. The new proposed motion was read by Clerk McWilliams as follows: Direct the Manager to send a letter to parties involved, that should any portion of this item — contract or reapportionment — come before for a vote, before November 19, 2015, the Council formally withdraws from the contract, due to budgetary conditions. The Village of Tequesta wishes and encourages the parties to continue negotiations in the hope that reasonable outcome can be obtained. MOTION: Vice-Mayor Arena moved to direct the Manager to send a letter to all parties involved, that should any portion of this item — contract or reapportion — come before them for a vote before November 19, 2015, the Council formally withdraws from the contract due to budgetary conditions, and the Village wishes and encourages the parties to continue negotiations in the hope a reasonable outcome can be obtained; seconded by Council Member D'Ambra; mofion carried 4-1, with Council Member Paterno in dissent. Mayor Brennan gave an update on the FEC issue in reference to quiet zones, safety and the bridge crossing. Minutes —Special Council Meeting 10/14/15 Page 6 ADJOURNMENT: The meeting was adjourned at 3:58 p.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk MINUTES VILLAGE OF TEQUESTA � '��; � . SPECIAL MEETlNG ;�:z October 22, 2015 Call #o Order and Rolt Calt The meeting was called to order by Mayar Abby Brennan at 8:30 a.m. A roi! call was taken by Viilage Clerk McWi(liams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena and Couneit Member Steve Okun. Council Members Paterno and D'Ambra were absent. 1. SE 07-15 Special Event Application —"Fall Festivai" at the First Baptist Church Manager Couzzo announced that a!1 issues regard'mg the apptication for "Fall Festivai" at the First Baptist Church, had been resolved and staff recommended approval. Motion: eouncil Member Okr�n moved approval of the special event application; seconded by Vice MayorAr+ena. Mayar Brennan added that she had some concerns regarding the heavy handed approach taken by the building officiai. She had been hearing about this from various locat businesses. Motion carried unanimously 3-0. ADJUURNMENT: The meeting was adjourned at 8:35 a.m. Respectfutly submitted, Lori McWilliams, MMG Vitlage Clerk nn�wuTes VILLAGE OF TEQUESTA WORKSHOP NOVEMBER 2, 2014 Call to Order and Roll Call The meeting was called to order at 6:00 p.m. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member Paterno; motion carried unanimously 5-0. 1. Council Review and Discussion on Code Compliance Issues Manager Couzzo commented that the residents in attendance were largely for the boating storage issue, which would be discussed tonight. He confirmed that by majority residents approved the deletion of the word "gunwale", which was considered for removal from the code verbiage. Attorney Davis offered clarity regarding boats on trailers, fence heights and acceptable screening. Manager Couzzo noted that nothing else in that code would change. Residents and Council discussed numerous details including motors, outriggers and transportation of boats. Vice Mayor Arena offered to personally address any reports / complaints made regarding clanking noises from boats. Attorney Davis noted the following changes to the Village Code: maximum screen height of six feet to be created by use of fence, wall or vegetation, along with removal of the word gunwales. Council Member Paterno offered a handout noting the County/State road maps/surveys differed in opinions of where the municipal / county boundaries laid on Cove Road, and believed that, in 1992 the Village authorized parking in an unincorporated area, according to one of the documents. Tim English, Building Department Director/Building Official offered historical information on the area and adjacent plaza. He noted that the existing permits would not pass until appropriate regulations were adhered too within the permitting process. Council Member D'Ambra questioned the probability of the road being released to the Village. Manager Couzzo responded that he believed the County would release the road, and noted that they had recently performed its maintenance. Council Member D'Ambra suggested the issue could be solved by making a request to the County along with a request for funding to correct the water issue at Cove Road, leaving the choice up to the Waterway Village HOA if they would like to retain their rights or have the Village maintain the north half of the road. He Village Council Workshop Minutes November 2, 2015 Page 2 felt the backside property was a whole different issue. Vice Mayor Arena questioned the Village's approval regarding parking places previously approved adjacent to the Corner Cafe. Attorney Davis noted Village Square's previous lien of $56,OOQ, with their new lien accruing at $150 per day under a stipulation agreement. Manager Couzzo stated that he would investigate who the Plaza paid taxes to. Stefan Levine, 3380 Pebble Place, Waterway Village Representative voiced his concern for the limited area for parking and felt the development desired to transfer the road maintenance/management to the Village of Tequesta. Mayor Brennan stated that staff would research correct property lines and responsibilities. Manager Couzzo added that staff was working on the issues, and that the plaza was not compliant at present. Attorney Davis explained what work was in process for the plaza and what was remaining. He noted that the plaza had asked that the lien be removed as they were unable to secure loans with it in place. He then noted that they would post an $80,000 bond, which would be a leveraging device for compliancy. Tim English, Building Department Director/Building Official explained that the Village may not have authority and that he would get back to Council once Code Officer Petrick and he had clarification. Council Member Paterno responded that the issues had been going on for five years; he wanted answers within two weeks. Manager Couuo stated that the attempt was to rectify the old issues (although there were new ones), and explained the bond/lien satisfaction/compliance dynamics. Attorney Davis noted that plaza representatives had asked for an onsite inspection together with the Village to be clear on all expectations. Council Member Paterno questioned Tequesta's jurisdiction on Cove Road. Manager Couzzo explained that there was authority on the north side of the road, not the south side. Chief Elg clarified that was correct. Manager Couzzo stated there had been much evolving in this situation, and a great deal of positive/proactive ideas generated. Council Member Paterno felt code enforcement was one of the most important tools in a municipality; he supported the path of the Village being pro- business but felt it must be accomplished without allowing disorder of the code. Vice Mayor Arena mentioned the differences between items such as plastic and permanent sheds, their placement and permit requirements varied greatly. Chief Elg explained the police officers were going paperless; they were being pro active and electronically communicating potential violations to Code Officer Petrick. Manager Couzzo added that Officer Petrick was expected to be on the road more, and that IT had outfitted his vehicle recently with electronic equipment as well. He noted that Community Development had complications with merging the building inspector and code enforcement officer, and filing that position, which would assist enforcement once successful. Council Member Paterno felt police officers should deliver the notice of violations to help expedite the code process. Council Member D'Ambra believed the appearance of an armed officer was too strong. Mayor Brennan inquired if a courtesy notice must be given for each Village Council Workshop Minutes November 2, 2015 Page 3 incident. Mr. English responded that the courtesy notice was in the Tequesta Code and not State mandated. Council Member Paterno suggested stricter enforcement and less flexibility with offenses, especially repeat. Attorney Davis noted that the Village Code did a great job of following State mandates, and existing verbiage may be changed to implement a modified notice delivery process for recurring offenders. Mr. English explained that "repeat offender" was defined by — someone who has been found guilty, and noted that violators can continuously correct a violation before their special magistrate date to avoid repercussions. He agreed that a second notice should not be offered to a person the Village was aware of which has had resistance to compliance. Mr. English confirmed that he would meet with Officer Petrick to discuss this change. Chief Elg questioned if the repercussions were severe enough and held incentives that impacted the violators. Attorney Davis responded that the Special Magistrate imposed sufficient fines and held persons responsible. Council Member Paterno reiterated that violators avoided Special Magistrate, and felt Tequesta allowed it. He felt something different must be done. Manager Couzzo responded that the process would be different, and more efficient. He stated compliance was always the goal. Vice Mayor Arena suggested a list of the ten most common code violations be offered to new accounts, placed on the Village website and placed in Smoke Signals twice per year. Manager Couzzo responded that that could be done; he also noted that plans were presently being discussed to offer better coverage/alternative hours of enforcement. 2. Discussion on the Purchase of 14 Metal Halide Pathway Pole Lights Manager Couzzo asked that the item be removed as there were new developments which did not offer ample time to bring information to Council. Council Member Paterno suggested that the path and roadway be lit versus path only. 3. Update on the Status of the Jupiter Inlet Colony Neighborhood Rehabilitation Project Manager Couzzo noted that the Village Attorney had offered Council an update regarding the mornings meeting with JIC (Jupiter Inlet Colony) Mayor. He advised Council that they discussed the Village number at $1.63 million and that he felt more comfortable at $1.425. He reported that a letter was received from Mayor Comerford following, which stated that JIC desired $1.5 with no cap on material overage. Manager Couzzo voiced his feeling that - that may not be enough. Council Member Paterno voiced his concern regarding JIC's multiple decision agreements, followed by changes. Manager Couzzo commented that it was a tough decision, but it was in a good place, with Village representatives involved and everyone attempting to do the best in the situation. Council discussed $1.425 as a max number. Council Member D'Ambra suggested 1.45, with a ten percent cap on material. Manager Couzzo summarized that JIC did not want a cap. Village Council Workshop Minutes November 2, 2015 Page 4 Council felt they did not want to offer an open ended figure. Manager Couzzo noted timelines of upcoming meetings and suggested timing was an important factor regarding decisions. He noted that presently the figure was approximately 1.596 with zero cap, and suggested an audit of any overages be written into the agreement at Tequesta's discretion. Attorney Davis responded that he would update the verbiage and have it to Council in the morning. Consensus of Council was $1.425 million plus $75,000 for material, with an audit permitted by Tequesta on any overages. ANY OTHER MATTERS: Mayor Brennan noted that FDOT (Florida Department of Transportation) would incorporate all costs regarding quiet zones and crosswalks at Rail Road intersections, leaving Tequesta with zero costs. She stated that the Village would continue to move forward with an application for the $300,000 TAP grant to use for any e�ras needed on the project. Vice Mayor Arena noted his experience at the recent business meeting. Mayor Brennan recalled her meeting with a lighting representative for use on the upcoming US1 project. Council Member Paterno suggested simple and classic lighting choices be used on the US1 corridor, and questioned progress for Tequesta Drive sidewalks and lighting. Council Member D'Ambra suggested a crosswalk/kids crossing be completed at Tequesta Drive's intersection with Country Club Drive. Manager Couzzo responded that could be done, and noted that the Village was looking at purchasing a striping machine. ADJOURNMENT: Council Member D'Ambra moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:11 p.m. Respectfully submitted, Deanna Mayo, CMC Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING �� � October 22, 2015 Call to Order and Rolt Call The meeting was calied to order by Mayor Abby Brennan at 8:30 a.m. A roll call was taken by �Ilage Cierk McWiNiams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena and Councit Member Steve Okun. Council Members Paterno and Q"Ambra were absent. 1. SE 07-15 Special Event Application —"Fall Festival" at the First Baptist Church Manager Couzzo announced that ail issues regarding the application for "Fall Fes#ival" at the First Baptist Church, had been resolved and staff recommended approval. Motion: Council Member Okun moved approval of the special event applicatio�; seconded by Vice MayorAr+ena. Mayor Brennan added that she had some concerns regarding the heavy handed approach taken by the building o�cial. She had been hearing about this from various local businesses. Motion carried unanimously 3-Q. ADJOURNMENT; The meeting was adjourned at 8:35 a.m. Respectfutly submitted, Lori McWilliams, MMC Viltage Clerk MINUTES VILLAGE OF TEQUESTA WORKSHOP NOVEMBER 5, 2014 Call to Order and Roll Call The meeting was called to order at 7:58 a.m. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. APPROVAL OF AGENDA MOTION: Vice Mayor Arena moved approval of the agenda; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 1. Update on Jupiter Inlet Colony Development regarding the Utilities Infrastructure Manager Couzzo noted that JIC (Jupiter Inlet Colony) was comfortable with $1.425 million, but resistant to the cap. Council Member D'Ambra felt they would not want the costs to fall back on their residents and Tequesta's risks were low. Manager Couzzo stated the project was not complicated and Sam Heady, Deputy Director, Utilities would be involved. Mr. Heady commented that Tequesta was on the clean side of the dig and first in the process which would last approximately nine months. Manager Couzzo offered encouragement based on established engineer and construction figures, and noted that knowledgeable persons would be involved, as well as himself when needed. He reminded Council that the audit factor was also available to Tequesta and Council would be informed of any large or unexpected items through a special meeting. Mayor Brennan expressed her support based on the Manager's summary. Council Member D'Ambra felt the deal made sense; future costs would most likely be much more if Tequesta did not join forces with JIC, and JIC could do the project without Tequesta's involvement. Council Member D'Ambra left the meeting at 8:40 a.m. Council Member Paterno voiced his feelings that extra costs would be experienced by Tequesta since they were placed underneath JIC's pipes, with a deeper dig, and a potential risk factor of ten to fifteen percent. Mr. Heady responded that he believed the risk would be around five percent, and that JIC could not physically go under Tequesta's pipes. Mayor Brennan exclaimed her confidence that all involved would do their best. Attorney Davis added that the experts on the project were there to rely on. Village Council Workshop Minutes November 5, 2015 Page 2 ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 4-0; therefore, the meeting was adjourned at 8:44 a.m. RespectFully submitted, Deanna Mayo, CMC Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.