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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_05/14/2009MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 12, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:35 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Clerk Lori McWilliams, and Department Heads. APPROVAL OF AGENDA Mayor Watkins noted Item 13 was continued during -the LPA meeting to March 27, 2009 and noted she had items for Any Other Matters; Vice-Mayor Paterno and Council Member Humpage advised they had items to address under Any Other Matters as well. MOTION: Council Member Humpage moved approval of the agenda as amended; seconded by Council Member Turnquest motion carried unanimously 5-0. STANDING REPORTS • Village Attorney Attorney White noted she mailed Jupiter Inlet Colony (JIC) a letter requesting to open the Fire Rescue contract negotiations as directed by the Village Council. She advised the address for JIC in the agreement had expired; therefore, a new letter was sent with an additional ten days provided. • Village Manager Village Manager Couzzo reminded Council the Palm Beach County Fire Rescue agreement for Station 11 expires this coming September. PRESENTATIONS Sz PROCLAMATIONS 1. Presentation to Accept and Approve 2007/2008 CAFR Mr. Jerry Chiocca of Rachlin, LLP reviewed the 2007/2008 Comprehensive Annual Financial Report and advised the Village was in excellent financial condition. He commented on one finding where utility stubs were being disposed of improperly by the Finance Department and suggested action. MOTION: Council Member Turnquest moved to accept the Comprehensive Annual Financial Report as presented; seconded by Vice-Mayor Paterno; motion carried unanimously. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the following Consent Agenda; seconded by Council Member Turnquest; motion carried by unanimous 5-0 vote. 2. MINUTES: 12/11/08 LPA, 1/29/09 Workshop, 2/12/09 Regular Meeting Minutes, 2112/09 LPA Minutes, 2/12/09 Workshop Minutes -Regular Council Meeting 3/12/09 Page 2 3. Resolution 5-09. Amending the Village "Identity Theft Prevention Program" in Accordance with the Requirements of the Fair and Accurate Credit Transactions Act of 2003 4. Council Approval of Budget Amendments for FY 2008/2009 5. Council Approval of Interagency Agreement between the Palm Beach County Sheriffs Office (PBSO) and the Village of Tequesta Police Department to Allow Access Through PBSO's Warrant and Local Records 6. Resolution 9-09. Surplusing Two Police Vehicles - 2002 Chevrolet Impala and 2002 Ford Crown Victoria; and One 1994 Ford Ranger to be Auctioned 7. Council approval of auction agreement with Karlin Daniel & Associates END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Manny Giudice, 236 Village Boulevard #1105, voiced concern with the negotiations to purchase the Cornerstone property and renting it to the VA. He noted this would not be a closed facility and would lower property values. Mary Hinton, 12 Oakland Court, commented on receiving an anonymous flyer regarding the Cornerstone VA issue. She researched the issues outlined in the flyer and provided a rebuttal on what she believed to be inaccurate comments. Eric Miller, 281 US Highway One, business owner and former resident, concurred with Ms. Hinton and believed the Village should welcome and assist our veterans. He addressed Code of Ordinance Article 11, Section 78-745 (e) concerning lettering on commercial vehicles during after business hours. He asked Council to revisit the Ordinance and believed it was being selectively enforced. He suggested a workshop of business owners. Frank D'Ambra, 23 Leeward Circle, echoed the sentiments of Ms. Hinton and Mr. Miller regarding veterans. He stated the first time he learned of this issue, however, was when he read it in the paper and stated there had not been any discussions or communications at the Council level before or after the news article. Council Member Turnquest explained Council Member Humpage had brought this before Council and was directed to discuss the issue with the VA; Council Member Humpage noted it was discussed in detail at a Workshop. Abby Roeloffs stated she was aware there were discussions taking place regarding Cornerstone and stated that no matter what happened with the issue, Council would involve the community. She did not believe anything would be done without great discussion and resident involvement. Minutes -Regular Council Meeting 3/12/09 Page 3 COMMUNICATIONS FROM COUNCIL Mayor Watkins stated she attended a 2010 Census Open House (provided a handout) and they have encouraged the Village and residents to participate. She attended an Intergovernmental Meeting with Commissioner Marcus who asked if the Village would be in favor of a $2.00 rental car tax and stated she would provide additional information to Council. Council Member Arena stated there have been record crowds at the local parks and recreation events. Vice-Mayor Paterno reminded residents that through the VIP program residents did not pay to attend parks and recreation events -only non-residents. He stated that even though water rates were not raised and noted water usage had increased, he believed the Village would net $150,000 plus and did not believe there would be a loss going forward. Council Member Turnquest stated he met with Ms. Connie Fisher regarding Tequesta Park and noted there would be a public planning event for the residents to provide suggestions and ideas. REGULAR AGENDA NEW BUSINESS 8. Council Approval of Selection of Consultant to be the Village's Agent of Record for its Employee Benefits Program MOTION: Council Member Turnquest moved approval of the Gehring Group as the Village's Agent of Record; seconded by Council Member Humpage; motion carried unanimously 5-0. 9. Resolution 3-09, Approving Proposal from Wheeled Coach, Ind. of Winter Park, FL for the Purchase of One Rescue Vehicle (Ambulance) in Accordance with the Florida Sheriffs Association Bid #08-08-0909 in the Amount of $195,975.00 Village Attorney White read Resolution 3-09 title into the record. MOTION: Council Member Humpage moved approval of Resolution 3-09; seconded by Council Member Arena; motion carried unanimously 5-0. 10. Resolution 6-09, Providing for the 2009 Schedule of User Fees for Pre-Hospital Emergency Medical Services Village Attorney White read Resolution 6-09 title into the record. MOTION: Council Member Humpage moved approval of Resolution 6-09; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes -Regular Council Meeting 3/12/09 Page 4 11. Resolution 7-09, Amending the 2008/2009 General Fund Budget by Increasing Revenues and Expenditures in the Amount of $5,280.00 for Funding Completion of Palm Beach County EMS Grant C-70 Village Attorney White read Resolution 7-09 title into the record. MOTION: Council Member Humpage moved approval of Resolution 7-09; seconded by Council Member Arena; motion carried unanimously 5-0. 12. Resolution 8-09, Approving Request of Nancy Steel, Trustee and the Robert M. Steel Trust to Re-Split Lot 77 into Lots 77 and 78 Village Attorney White read Resolution 8-09 title into the record. MOTION: Council Member Humpage moved approval of Resolution 8-09; seconded by Council Member Tumquest; motion carried unanimously 5-0. 13. Ordinance 1-09. First Reading. Adopting a 10 Year Water Supply Work Plan; Providing for Adoption of Amendments to the Comp Plan; and Providing for the Intergovernmental Coordination of the Regional Water Supply Plan (CONTINUED TO 3/27109) 14. Discussion and Approval of Regions Bank request for an extension of one year for their Site Plan Approval granted January 10, 2008 and which expired January 9, 2009 (CONTINUED FROM 2/12109) Director of Community Development Catherine Harding advised Regions Bank no longer requested the extension and they understood the site plan and building permit application would expire. MOTION: Council Member Tumquest moved to deny extension request; seconded by Vice- Mayor Patemo; motion carried unanimously 5-0. ANY OTHER MATTERS Council Member Humpage mentioned a proposed parking Ordinance and Manager Couzzo suggested he organize a committee consisting of affected business owners, himself, the Police Chief, Attorney and Catherine Harding. Consensus of Council agreed. Council Member Humpage suggested a workshop on the Rood Property on County Line Road and stated he was trying to establish a workshop with Riverside Oaks and Mr. Bourassa prior to a Council workshop. Consensus of Council agreed to hold the workshop on March 27, 2009 following the Special Meeting. Council Member Arena noted he purchased a townhouse from Mr. Bourassa years ago. Council Member Humpage commented on a letter he had been using as a response to those contacting him regarding the Cornerstone property and asked if it should come from Council as Minutes -Regular Council Meeting 3/12/09 Page 5 a whole; Council agreed a stance had not been taken and therefore should come from Council Member Humpage. Vice-Mayor Paterno commented on ambulance charges and nursing home runs and felt rescue workers were used as "staff' members. Fire Chief Weinand explained that 50% of the runs were commercial and 50% residential with % of the commercial going to the nursing homes and agreed in a sense that the nursing facilities tended to use the fire rescue as part of their staff. Vice-Mayor Paterno noted that if more nursing homes were added to the community more fire rescue services would be necessary. Mayor Watkins asked Council to recognize Mr. Don Nagy at the April meeting for his service to the police department and residents as well as National City for their continued sponsorship. Consensus of Council agreed. She brought to Council's attention a petition from North Cypress who had requested a sidewalk. She suggested Mr. Russell White, Director of Public Works, look at the site and believed this needed be discussed during the budget process. Council Member Arena thanked Ms. Abby Roeloffs for her comments on Council communication. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn; seconded by Vice-Mayor Paterno; the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:30 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA WORKSHOP MINUTES MARCH 12, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 6:02 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Calvin Turnquest, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo Jr., HR Director Merlene Reid, and Clerk Lori McWilliams. Merlene Reid, Human Resource Director, noted procedures which had taken place to the present point and stated that from the events of the RFP the two groups chosen by the committee were the Gehring Group and Wells Fargo Insurance Services. 1. The Gehring Group Kurt Gehring offered his biography of expertise and introduced staff members explaining their area of proficiency. He began their presentation noting the differences of private and public sector. Christian Berkstrom, Director of Analytical Services, stated they were an independent company with access to all the insurance markets and offered additional benefits through trust companies only available to the public sector. Ellen Jones, Director of Risk Management, advised that she would be the contact person working with staff and prideful that there would always be accessibility for employees through alternate staff if she was not available. She committed to a quick response to any questions and noted their reference book which would be given to each employee. Anna Maria Studley, Senior Account Manager spoke on compliancy issues reassuring that their extended expertise spoke for itself. She discussed the stimulus act along with rebates and credits and the company's versatility and eagerness to anticipate assistance. She spoke about how they would encourage employees to engage in their own personal health maintenance throughout the year. Mr. Gerhing reported that staff worked on salary and worked well together and felt that was an attribute where other companies were paid on performance levels. He noted comparison of the insurance market past along with thoughts for the future. Council Member Humpage asked about savings for the Village. Mr. Berkstrom responded that there were options to save within the plan along with alternative carriers that would offer discounts. He noted that the insurance program would be changing across the state in the next two to three months and it would affect plans and contributions. Minutes -Workshop 3/12/09 Page 2 Council Member Humpage questioned when the Town of Jupiter opted for Health Reimbursement Accounts/Health Savings Accounts (HRA/HSA). Mr. Berkstrom replied January 1, 2009 but, because of low interest in the HSA plan changes were made to their plan. Vice Mayor Turnquest expressed his concern for being kept up to date with market changes. 2. Wells Fargo Insurance Services Steven Olsen, Wells Fargo Insurance Services, advised that he had been the insurance broker with the Village for approximately 15 years. Brian Oliff spoke on behalf of Wells Fargo expertise and history and gave background on himself. Wendy Wiley, Account Executive offered her background and pointed out how well the team worked collectively. She noted the group's standards and that legal counsel were also recently employed to staff. Mr. Olsen referenced their work with carriers to offer savings to clients along with keeping clients abreast of changes in the market. He noted added services including legal counsel at no charge to the client, third party Cobra Administration service, training and CyberSure (a new service). He also presented the history of rate negotiations showing the success Wells Fargo had in the past with reducing requested renewal increases. Vice Mayor Turnquest asked Merlene Reid for a written list of the two candidates answers to specific questions. Ms. Reid responded that it would be provided. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 6:53 p.m.; seconded by Vice Mayor Turnquest, motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY MARCH 12, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:34 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, and Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Trela White, Village Clerk Lori McWilliams and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5-0. NEW BUSINESS 1. Ordinance 1-09, First Reading, Attorney White explained that Ordinance 1-09 was not complete and needed to be continued to March 27, 2009 at 3:00 p.m. MOTION: Council Member Humpage moved to continue Ordinance 7-09 to March 27, 2009; seconded by Council Member Turnquest; motion carried unanimously 5-0. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Turnquest. The motion to adjourn carried unanimously 5-0; therefor: the meeting was adjourned at 7:34 p.m. Respecttully submitted, Lori McWilliams, CMC 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 LOCAL PLANNING AGENCY MARCH 27, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 3:06 p.m. A roll call was taken by Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, and Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Assistant Deanna Mayo and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Vice Mayor Paterno; motion carried unanimously 5-0. NEW BUSINESS Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 1-09, First Reading, Manager Couzzo noted that as a requirement of the Comprehensive Plan documentation was going to the State explaining the intent of the Village along with present and future plans. He noted it had become more convoluted because of the consumptive use permit, water supply plan and a difference in population criteria. Council Member Humpage questioned if the Encon line which was in close proximity to Tequesta Park could be used to irrigate the park in order to take the load off Tequesta's wells. Manager Couzzo pointed out that the plan did not include that at present but felt the idea had potential to be discussed in the future. Mr. Russell White, Public Services Manager, explained that Encon allocated the reused water and a storage tank and pump system would be necessary to make irrigation plausible. Manager Couzzo elaborated that an analysis would need to be completed previous to consideration. Council Member Humpage questioned figures that referred to the aquifer. Chris Dean, Arcadis Representative, explained the figures related to estimated usage based on population and the Village's used far below the estimated figure. Mr. Dean emphasized that the plan could be amended. He explained drought allocations and development allowances were considered in projections and usage would be restricted requiring usage proof to adjust figures. Local Planning Agency March 27, 2008 Page 2 of 2 MOTION: Council Member Humpage moved to recommend Ordinance 7-09 to Village Council; seconded by Council Member Tumquest; motion carried unanimously 5-0. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Tumquest. The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 3:23 p.m. Respectfully submitted, Lori McWilliams, CMC 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 WORKSHOP MINUTES MARCH 27, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 2:00 p.m. A roll call was taken by Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, and Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Assistant Deanna Mayo and Department Heads. 1. Discussion on Bourassa Property at 4534 & 4546 County Line Road Mayor Watkins read an email from Mr. John Hayes (former Riverside Oaks HOA President) into the record. Manager Couzzo stated that he spoke to Mr. Hayes earlier today. Mr. Bourassa introduced his associates and offered a drawing of the facility for reference. He also explained that HUD (Housing and Urban Development) offered a program for such facilities and was interested in their plans. He then noted the building style, parking and amount of landscaping and his opinion of what the design concept offered. Mr. Bourassa stated the facility would employ 60 people. He also noted the facilities around the clock schedule and pointed out the clientele was elderly therefore; lighting and noise would not be a late night issue. Manager Couzzo noted that the plan was in the early stages and most information was speculative. George Mueller, Architect for Mr. Bourassa noted the type of facility statistically had one car for every ten residents and although would employ 60 people there would never have more than 30 employees at the facility at any given time. He also noted a standard schedule for residents. Joanne Brooks, President of Riverside Oaks Home Owners Association, questioned R2 zoning. Manager Couzzo responded that Council had not seen a drawing at present for the proposed property and that Council would stipulate what would be acceptable under the zoning and make a decision on the proposed property zoning changes. Vice Mayor Paterno noted that the proposed zoning change included R2 with a text amendment and felt it would provide special privileges to a chosen group. Mayor Watkins asked Attorney Keith Davis for clarification on whether the request would be spot zoning. He responded that, in his opinion, it would not be spot zoning. Minutes -Workshop 3/27/09 Page 2 Mr. Bourassa felt that the project would be a great asset to the Village. Mayor Watkins stated she was concerned with the opinion of the surrounding neighbors and noted that she would only consider two stories. She also felt the proposed design was good and offered plenty of green space. Mr. Lwowski, 137 Magnolia Way of Riverside Oaks questioned the visitor parking and noted his experience with nursing home parking issues. Mr. Bourassa explained that an ALF (Assisted Living Facility) was set up differently than a Nursing Home and stated that HUD regulated the ALF parking. Mr. Lwowski inquired if something could be put in writing to disallow a three story building. Council Member Humpage reassured that present Council would not approve three stories. Vice Mayor Paterno noted that R1 zoning would not allow a three story structure. Joanne Brooks asked if the units would be sold or rented. Mr. Bourassa responded that only rentals would be offered. Council Member Arena offered results of his personal investigation on the proposed project and felt there was a need for the facility. He added that Mr. Bourassa's proposal appeared to be in line with a probable necessity in the area and noted his only concern was spot zoning. Attorney Davis remarked that the entire zone would be in the books and was confident that it would not be spot zoning. Manager Couzzo suggested that perception could still contradict what was written. Council Member Turnquest noted his opinion was neutral and open to change but felt the present proposal was more in line with what was suitable. Council Member Humpage noted that the Village attempted to contact Mr. Hayes, who was their contact on record, several times to set up a Workshop with Riverside Oaks and never received a return call. He noted his research and offered a handout for reference. He asked for a percentage of lot coverage of the proposed design and noted the new proposal showed only one third of lot coverage from Mr. Bourassa's first conceptual drawing which was condos. Council Member Humpage noted he would like an additional Workshop and felt the new proposal should receive further consideration. Vice Mayor Paterno noted that the zoning change would have to be approved before Mr. Bourassa's proposal would be considered. He added that he believed Mr. Bourassa's intent Minutes -Workshop 3/27/09 Page 3 was good but, he was concerned with what the next developer could do with the zoning changes if they were approved. 2. Continued Discussion and Update on Preserve Property Council Member Humpage gave an update on his discussion with the VA (Veterans Affairs) and their concerns and possible issues with cost of building rehabilitation and rent. He noted the offer was off the table at present but he had another meeting with their representative. Manager Couzzo stated he backed Council Member Humpage in his efforts but felt one of the VA's concerns was with convenience and remaining at their present location. Council Member Humpage felt they had outgrown their present facility and appeared to need more space. Manager Couzzo encouraged Council Member Humpage to continue forward with his pursuit and noted that Vice Mayor Paterno was pursuing the purchase of the property. Vice Mayor Paterno stated he believed the owners were running out of time on April 15, 2009 and foreclosure could begin. He confirmed the present owners owed ten and a half million. Vice Mayor Paterno stated the Village would have to pay cash at this point. Manager Couzzo suggested if Council agreed they should continue on the both ventures. Council Member Turnquest suggested Vice Mayor Paterno call Commissioner Karen Marcus about the Preserve and stated he had met with her and she offered information for Council that may help their negotiations. He noted he also spoke to several State Representatives that were supportive of the VA venture. 3. Discussion on Tequesta Park Signage Manager Couzzo noted that the Village was eager to come up with something that would work for the Village and the Kiwanis. ADJOURNMENT MOTION: Council Member Arena moved to adjourn the meeting at 3:06 p.m.; seconded by Council Member Turnquest, motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY APRIL 9, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:05 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were:, Village Manager Michael R. Couzzo, Jr., Village Attorney Trela White, Village Clerk Lori McWilliams, and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Arena moved approval of the agenda; seconded by Vice Mayor Paterno; motion carried unanimously 5-0. NEW BUSINESS Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 4-09, First Reading, Comprehensive Plan Small Scale Amendment to Future Land Use Map for 1.58 acres of land at 725 U,S, Highway #1 Attorney White explained this land had been annexed and this would give it a commercial designation within the Village. MOTION: Council Member Humpage moved approval of Ordinance 4-09, seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 2. Ordinance 5-09, First Reading, Comprehensive Plan Small Scale Amendment to Future Land Use Map for .9 acres of land at 691 U.S. Highway #1 Attorney White explained this land had been annexed and this would give it a commercial designation within the Village. MOTION: Council Member Humpage moved approval of Ordinance 5-09, seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 3. Ordinance 6-09, First Reading, Comprehensive Plan Small Scale Amendment to Future Land Use Map for 3.1 acres of land at 4390 County Line Road Attorney White explained this land had been annexed and this would give it a residential low density designation within the Village. Local Planning Agency April 9, 2009 Page 2 of 2 MOTION: Council Member Humpage moved approval of Ordinance 6-09, seconded by Vice-Mayor Patemo; motion carried unanimously 5-0. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Patemo. The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 7:10 p.m. Respectfully submitted, Lori McWilliams, CMC 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 WORKSHOP MINUTES APRIL 21, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 9:00 a.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, and Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk McWilliams and Community Development Director Catherine Harding. 1. Discussion on Concept of Leasing Private Property on Tequesta Drive for Open Space Passive Park Village Manager Couzzo discussed the Village leasing privately owned property from John Zuccarelli, on Tequesta Drive as an open space passive park and dog park. He stated this would create an aesthetically pleasing view on the currently unsightly property. He noted the land in question was the property between the bank and Urgent Care Center. He advised the Village was currently in negotiations with Mr. Zuccarelli, as Mayor of Jupiter Inlet Colony, regarding the fire services agreement and that Mr. Zuccarelli had existing litigation against the Village for approximately $40,000 regarding utility fees. He stated the property was cited as in violation of existing codes and a fine assessment hearing was scheduled for April 23, 2009 at 10:00 a.m.. He suggested Council consider executing a continuance to Mr. Zuccarelli in order to work out a proposed agreement. Council discussed items that could be included in a lease agreement (not inclusive) such as a multi-year agreement; yearly cost; improvement costs being repaid should the property be sold; monthly utility costs; designate property as municipal park; drop current litigation; property taxes continuing at current assessed rate; and elimination of code issues and tractor trailer parking. Mayor Watkins asked about liability issues and Village Manager Couzzo stated the Village would have to insure the property. Mayor Watkins stated she did not want to become involved in a lease agreement that could cost the Village thousands of dollars. Council Member Turnquest believed the current legal staff would be able to compose an appropriate agreement that would protect the interests of the Village. Manager Couzzo suggested stipulating a period the property would remain a park before it could be sold and discussed depreciation and appreciation factors. Vice-Mayor Paterno liked the idea of an open space park; but voiced concern that Mr. Zuccarelli was legally the center of most issues and suggested Council wait to ensure there were no conflicts. Attorney Keith Davis confirmed Mr. Zuccarelli would be the one required to make legal disclosures. Council Member Turnquest stated the fire rescue agreement was a separate issue from the park and restated legal's advice that it would be Mr. Zuccarelli's responsibility to disclose to his Minutes -Workshop 4/21/09 Page 2 Council. Attorney Davis agreed Mr. Zuccarelli would have to acknowledge in writing that he could potentially make money or had a personal financial interest in the property. Consensus of Council supported the concept of a passive open park space. Resident Mary Hinton stated the Tequesta Oaks Homeowners Association supported the concept and suggested contacting "Friends of Jupiter Beach" to assist with park maintenance. Council Member Humpage believed the lease should be time specific and questioned how it would be handled if the property owner wanted to sell one parcel at a time. Attorney Davis advised that would be worked out in the contract language. Council Member Humpage asked about additional liabilities surrounding dog parks to which Attorney Davis advised generally guilt was placed upon the owner of the animal. Consensus of Council agreed to continue the fine assessment hearing for one month in order to further investigate drafting an agreement for municipal park purposes. Vice-Mayor Paterno asked for a letter from the Village Attorney stating that he has no legal conflicts or ramifications personally regarding the issue. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 10:00 a.m.; seconded by Council Member Tumquest, motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk