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HomeMy WebLinkAboutMinutes_Regular_06/12/2003• VILLAGE OF TEQUESTA VILLAGE COUNCII. MEETING MINUTES JUNE 12, 2003 I. Call to Order and Roll Call The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, June 12, 2003. The meeting was called to order at 7:01 p.m. by the Village Clerk. A roll call was taken by Mary Miles, Village Clerk. Councilmembers present were: Mayor Edward D. Resnik, Vice Mayor Russell J. von Frank, Councilmember Joseph N. Capretta, Councilmember Geraldine A. Genco, and Councilmember Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney John C. Randolph, Village Clerk Mary Miles, • and Department Heads. II. Invocation and Pledge of Allegiance Reverend Paul Beresford, First Baptist Church, expressed his appreciation for the opportunity to serve as Public Safety Chaplain and gave the invocation, and Mayor Resnik led the pledge of allegiance. III. Approval of Agenda Councilmember Genco requested that items C and M under Item V Consent Agenda be stricken. Village Manager Couzzo requested that item VI (c) be moved to be the first item under Development Matters. Mayor Resnik requested addition under IV Presentations of item (b) Special Presentation to Sgt. John Irovando and item (c) Letter from Resident. Mayor Resnik also requested removal of item L from the consent agenda for discussion. MOTION: Councilmember Watkins made a motion to approve the Agenda as amended. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. IV. Presentations • A. Resolution No. 33-02/03-A Resolution of the Village Council of the Village Council Meeting Minutes June 12, 2003 Page 2 ----------------------- Village of Tequesta, Palm Beach County, Florida, recognizing Village Resident Leslie Cook for her many contributions to the community and to the Village government Verbatim Transcription: Councilmember Genco Thank you very much. It's with great pleasure that the Village Council is adopting this Resolution: A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, recognizing Village Resident Leslie Cook for her many contributions to the community and to the Village government. Now, therefore, be it resolved by the village council of the village of Tequesta, Palm Beach County, Florida, whereas, Mrs. Cook has exhibited significant civic involvement through her former and current Village government service; Whereas, Mrs. Cook formerly served for four years as a member of the Village Council; Whereas, • Mrs. Cook served many years as a volunteer on the Community Appearance Board and has held the position of Chair; Whereas, Mrs. Cook now serves as an alternate member of the Community Appearance Board; Whereas, Mrs. Cook currently is a member of the board of the Loxahatchee Museum Guild, which made possible construction of the historical museum at the Burt Reynolds Park; now, therefore, be it resolved, that the Village of Tequesta wishes to express its appreciation and to publicly recognize Mrs. Cook for her civic involvement and support of the Village government for many years. Read and adopted this 12th day of June, 2003. Signed Mayor Edward Resnik. Thank you. Leslie Cook Now is this like the academy awards, I get three minutes before you get the hook and you pull me off, right? I, I just wanted to correct your resolution. I served four years on the Village Council. Councilmember Genco I wondered about that. Village Clerk Miies We will correct that. Leslie Cook You will correct it? Thank you very much for this recognition, and a very special thanks to Maureen Swanberg, a long time resident and a member of a very political family in Milwaukee, Wisconsin. And I hope some day she'll become more active politically in our Village Council Meeting Minutes June 12, 2003 Page 3 town. And also, to Geraldine Genco, for putting this on the agenda, thank you very much. It's been certainly my pleasure to have had, to have served the Village in both capacities in an elective capacity and in an appointed capacity. I first started on the CAB, I found a letter, I keep everything, 1985. And that's when Bob Harp was the, you know, the Manager, and Carlton Stoddard was the Mayor, and, I mean, that's a long time ago. Cyrese Colbert I was clerk. Leslie Cook And as, and as, yes. Cyrese Colbert was at that time Acting Village Manager, it says here. So, one of my goals way, way, way back then was to see a seam in the architectural appearance of our commercial buildings in our Village, and luckily, the early CAB members shared my vision. There was Tim Colbo, Lucille Meyer, • Paul Coben-I don't know if he's here tonight-Claudette Dalack-she's here, please stand Claudette. Later, Vic Strahan, Steve Parker, Molly McCormick. And really, together, we accomplished by our tough reviews, a consistent took to our Village. In our South Florida location, we wanted a Mediterranean Bermuda feel to our Village. Because we thought it felt, it fit. The many hours we spent at meetings to examine plans when the Village passed a landscape code in 19, I think it was 1989, was really worth it, for I think and I know you all agree our town is the nicest around. I like the way Tequesta has evolved, but I think we must continue to be diligent. We still have a few more properties to, to be, to be developed, and we must, we have to watch what happens, and we must encourage maintenance on the old properties. And I hope I can continue to help, and I hope the Council will work together and listen to what their constituency wants for the purpose of getting the best results and the most economical results. For, as, just a little reminder, remember, our Village is composed of approximately 5,000 people, a lot of them retired and a lot of young families who've moved in here, and I know they want to see their tax dollar reduced. So I hope you all will keep this in mind and I thank you very much for this very important honor, I think. Thank you. • Mayor Resnik Is John Irovando, Sergeant, Tequesta Police Department, here? Could I ask you to come front and center, please. We have a special . Village Council Meeting Minutes June 12, 2003 Page 4 ----------------------- • recognition of Sgt. John Irovando, on the eve of his retirement. John entered law enforcement in 1969 when he joined the Plainfield Police Department in Plainfield, New Jersey. He eventually left there in 1979, where he held the rank of Detective First Class. John moved to Florida and joined the Tequesta Police Department in 1979. He was promoted to Sergeant in 1980. He has now completed a 25-year career with our department and a 35-year career in law enforcement. John will be joining his wife, daughter, and grandchild in Caribou, Maine where he is building his retirement home at this time. God bless you for the cold weather you're going to get. John, on behalf of my colleagues on the Council, the Village Manager, and all residents of Tequesta, I want to thank you for your dedicated service to our protection and welfare over the past 25 years. And wish you fair winds and following seas as you journey to your new home in Maine. I would like also to present to you this certificate of appreciation from all of us here assembled and in the Village. And it reads: Service Recognition Award -This certificate is presented to Sgt. John T. Irovando in recognition of his commitment and dedication to the residents of the Village of Tequesta over the past 25 years. Signed, Resnik, Mayor. Village Manager Couzzo Congratulations. Mayor Resnik At this time I would like to ask, well, we have to give the family time with the little children to leave. At this time I'd like to ask Police Chief Steve Allison to come forward. Please speak into the mike. Chief Allison 24-close to 25 years is a long time to work side by side with somebody. John and I shared the good times and the bad. Sometime along the way I lost my hair and he didn't. I thought a lot about what I could say about John tonight but there's one thing about John that has been consistent throughout his whole career. No matter what project we assigned John he excelled in that. If, whatever task it was, he would research it thoroughly. When he'd come back with a report you knew it, this was solid from all angles. Sometimes it wasn't what we wanted to hear, but we were • protected because he had researched it so thoroughly. And I think the lasting thing that John did for the Village of Tequesta was his involvement in code enforcement. When John got involved in code • Village Council Meeting Minutes June 12, 2003 Page 5 Unknown speaker enforcement, he took code enforcement to a new level which protects the quality of life in the Village. So I appreciate that, as all residents should. As a small token of the Village and the Police Department, I am presenting John with a $500 savings bond. Hey, all right. Sgt. Irovando Thank you Chief Allison, you've done something it's taken you 25 years to do, to get me at a loss for words. I'd just like to, Col., Sir, Mr. Vice Mayor, Council, Mr. Couzzo, Mr. Randolph, fellows that I work with, I want to thank you all. I really appreciate this from the bottom of my heart. And I would be remiss in saying, that I've been here a long time, and I want to tell you seriously, in the past couple years, I have never seen this Village operate better than it is right now. You have a Council and you have a Manager that • treats everybody, no matter right, wrong, or indifferent, with respect and dignity, and that's something that in my profession you don't always get or see. I think you people are fortunate for what you have right now. I thank you, thank you officers, and I wish you all the best. Mayor Resnik At this time, at this time I'd like to ask that we take about a 5-minute break to share a cup, of coffee and farewell with John, and I think there's some cake out there. We'll renew in just a few minutes. The meeting was reconvened. V. Consent Agenda MOTION: Vice Mayor von Frank made a motion to approve the Consent Agenda as amended with items C, L, and M pulled. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved: A. Village Council Regular Meeting Minutes of May 8, 2003 B. Village Council Sitting as the Stormwater Utility Board Meeting Minutes of May • 8, 2003 D. Community Appearance Board Meeting Minutes of Apri130, 2003 Village Council Meeting Minutes June 12, 2003 Page 6 E. Special Master Code Enforcement Hearing Minutes of March 27, 2003 F. Special Master Code Enforcement Hearing Minutes of April 24, 2003- G. Reappointment of Richard B. Sterling as a regular member of the Community Appearance Board fora 3-year term expiring June 8, 2006 H. Reappointment of Robert Stein as a regular member of the Community Appearance Board fora 3-year term expiring June 8, 2006 Consideration of appointment of Leslie A. Cook as a regular member of the Community Appearance Board fora 3-year term expiring June 8, 2006 to fill the vacancy created by expiration of the term of regular member Gerald Went which expired on June 8, 2003 • J. Consideration of appointment of former regular member Gerald Wenta as first alternate to the Community Appearance Board fora 2-year term expiring June 8, 2005 K. Consideration of appointment of resident Robert Young as second alternate to the Community Appearance Board fora 2-year term expiring June 8, 2005 N. Reschedule the Thursday, August 14, 2003 Regular Council Meeting to Tuesday, August 12, 2003 at 7:00 p.m. in order to allow Council Members and the Village Manager to attend the Florida League of Cities Conference Items Pulled from Consent Agenda to be discussed separately: C. Village Council Workshop Meeting Minutes of May 22, 2003 Councilmember Genco indicated that she had asked for the Village Council Workshop minutes of May 22 to be struck for discussion. Councilmember Genco commented it disturbed her that there had been a workshop meeting held for the purpose of having an opportunity of voicing an opinion on a particular piece of land that happened to be in the JMZ parcel that the Village owns, as well as the other three parcels. Councilmember Genco commented that in that workshop, the Council was to be given the opportunity of discussing their vision; • however, unfortunately, she was allowed to present part of her vision but not all of it, which was not really her purpose in opening the discussion again tonight. What really disturbed her was receipt of the legal notice that was published in the • Village Council Meeting Minutes June 12, 2003 Page ~ ----------------------- newspaper, because somehow or other someone determined that ad based on the workshop meeting, where no vote was taken and no consensus was reached, and it was not publicly advertised as a meeting in which the Council was going to make a decision on the property other than to sell it. Ms. Genco stated that what was published in the newspaper for someone to buy the parcel of land that the Village was selling was: The Village Council wishes to see mixed use, commercial and residential, development in the area. Councilmember Genco stated that was a misrepresentation-the Village Council did not have a vote at that meeting and did not determine at that point in time that they wished to see commercial or residential, just got up and voiced what their visions were, and did not take a consensus vote of the Council to make a statement of the council that that was the way the property should be advertised. The property was currently zoned for a municipaUcivic purpose, a 17,000 square foot building, and a developer could come in and build a 17,000 square foot building and would have to come back to the Village Council if they decided to do something other than a commercial or a retail enterprise. At that point in time the Village Council would have the opportunity of determining since it is within the mixed-use district whether or not they wanted to allow one of the other uses that that district might allow, but rt would require a petition of the Village Council to change it. Councilmember Genco stated that the Village Council has not taken a position that they want to see anything there other than to sell the property and to allow the developer to come to them with whatever he saw as a possibility to make a viable enterprise for himself and hopefully for the Village. Councilmember Genco commented there were a lot of things the Village would need to consider at the time it came before the Council to make a decision, among those were: current approved use, water connections, use of ownership of easements, ongoing maintenance of those easements since the Village owns them, affected parking areas for the adjacent businesses, the reciprocal .parking agreements, and the Bridge Road plan that had already started to be implemented; so making a determination publicly and advertising that the Village Council wishes to see mixed use, commercial and residential, was totally incorrect and she did not believe that was what the Council determined at that time but that they had reserved their opinion for another time and she wanted to go on the record that before anything was decided the Council must have serious consideration of everything that would affect that property, including possible legal repercussions. Councilmember Genco stated she had been very upset to see the legal ad go out like this and did not know who was responsible, and if anyone would like to read the workshop minutes they could get • an idea of what happened. Village Attorney Randolph advised that he and the staff would need some direction from the Village Council as to how they wanted to deal with the ad because it had not gone in for the second publication, and if they would Village Council Meeting Minutes June 12, 2003 Page 8 ----------------------- like to make a change or a clarification, he and staff would like their input on that. Attorney Randolph advised the ad had been done probably by staff and in consultation with his office and with the Building Department to explain the mixed use commercial residentiaUzoning and had not been intended to reflect any action on the part of the Council, and if that had been done in error or prematurely, then the Council needed to speak in that regard so the ad could be modified if that was the Council's pleasure. Councilmember Genco stated she was told the ad was already modified. Attorney Randolph advised that the Village Clerk had advised him that it had not been published for the second time, and it could be modified if that direction was received. Councilmember Genco stated that the ad should reflect what it currently was zoned for and that it lies within the mixed use district and upon the successful bidder obtaining ownership of it, they could come back to the Village Council to request it be redesignated for any of the uses allowed within the mixed use district. Councilmember Capretta commented his thought was after that meeting that none of the Council had made a proposal to change the mixed • use zoning it had been for many years, so he had assumed when it was advertised for sale the Village would say it was zoned mixed use, and the person buying it would fully expect that was what it was, and he wouldn't have to expect to have to ask, if he put something in that fit under the mixed use he had every right to think it would be approved. Councilmember Capretta indicated he had wondered if the words in the ad following mixed use, which were commerciaUresidential, were changing it or explaining it. Councilmember Capretta commented it had been zoned that way for ten years and the Council had not changed it. Village Attorney Randolph advised if the Council thought it would be more accurate to simply describe the zoning district and take out anything else that might lead somebody to think some thing different, staff needed that direction. Councilmember Genco indicated she hoped the Village Council would not want the ad to state that the Village Council wishes to see anything since at this point in time they had not expressed their wishes or adopted evaluating the options. Councilmember Genco expressed her opinion that if someone came in wanting to do residential the way it had been advertised could become promissory, and there could be another potential lawsuit, which she did not want. Councilmember Watkins asked if it could be written what it currently was, mixed use, and stated if it was advertised as mixed use that did not preclude a buyer from later asking for a change of zoning. Attorney Randolph stated that was absolutely right, and if the Council wanted to advertise the current zoning that was fine, It was the consensus of the Village Council to remove the wording regarding what the Village Council wished to see, and only to advertise current zoning. • Village Council Meeting Minutes June 12, 2003 Page 9 MOTION: Councilmember Genco made a motion to approve item C, Village Council Workshop Meeting Minutes of May 22, 2003. Councilmember Watkins seconded the motion, which carried by unanimous 5-0 vote. L. Approval of budget appropriation from the Parks & Recreation Department in the amount of $697.65, initiated by a donation from Mr. James Flint, to purchase a park bench in memory of Mrs. Ethel Flint. Mayor Resnik indicated he had requested this item be pulled in order to explain that Mr. James Flint had donated $697.65 in memory of his deceased wife, and a bench would be purchased and a small plaque would be provided by Mr. Flint in honor of his wife. Mayor Resnik expressed his opinion it was very nice that someone wanted to do this and would spend this kind of money to beautify the park. • MOTION: Vice Chair von Frank made a motion to accept item L. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. M. Reschedule the Workshop on Millage Rate, originally scheduled July 10, 2003 at 5:00 p.m., to 6:30 p.m. on the same day, allowing for an Executive Session to be scheduled, and immediately preceding the July Council Meeting Councilmember Genco indicated she had requested this item be pulled to call attention to the fact that the millage rate workshop had been changed from 5 p.m. to 6:30 p.m. on July 10. MOTION: Vice Chair von Frank made a motion to approve item M. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. VI. Development Matters Village Clerk Miles swore in all those wishing to speak on development matters. • A. Site Plan Review for First Presbyterian Church sign Director of Community Development Jeffery Newell reported when the application • Village Council Meeting Minutes June 12, 2003 Page io ----------------------- for an upgraded sign had been reviewed, it was found that the Village had approved the sign placement in the Village right-of--way in 1988 and all proper documentation was in place; however, with the request to change the complete appearance of the sign, staff had felt it would be proper to bring this to the Village Council. for approval of the site and location before it went to Community Appearance Board. MOTION: Vice Mayor von Frank made a motion approving the site plan and the location of the sign as requested. Councilmember Capretta seconded the motion. During discussion of the motion, it was clarified that the sign would remain in the same location and that the application would next go to Community Appearance Board for review. Motion carried by unanimous 5- 0vote. • B. Consideration of request from Gordon Ripma to change use of the properties known as Crossings/Clarebridge from Independent Living to Condominium Director of Community Development Jeffery Newell explained that Mr. Ripma had met with staff and the Village Attorney, and had an option to purchase this property. Mr. Ripma was requesting a change in the use from independent living to condominium, and if the Council approved his request he would then proceed with purchasing the property and going through the necessary reviews as required. Village Attorney Randolph clarified that the Village Council should not take a vote on this tonight since this was just a presentation from the developer to see if the Council would be receptive before he went forward with further applications. Councilmember Capretta indicated that when Sterling House was built on this site they built two buildings and added this third building later, and he and the Council at that time had required the unfinished building to be 51% complete before Clarebridge could ever open, and when he heard that Mr. Ripma was considering changing this building to condominiums, he had thought the problems would be not enough parking and the drainage. However, Mr. Newell had informed him there was enough parking. Councilmember Capretta asked the Village Attorney about ownership of the property. Mr. Randolph advised there was unity of title and without the Village Council indicating they were in favor of going forward, Mr. Ripma would not be able to go forward, because that was how the Council had protected itself back then so the properties would be operated as a whole, and • this applicant wanted to break that unity of title. Mr. Ripma explained that he could not get financing with unity of title in place, but if it were changed to unity of control the one building could be parceled off. Mr. Ripma explained that • Village Council Meeting Minutes June 12, 2003 Page li ----------------------- Alterra owned Sterling House, Clarebridge, and Crossings, with different banks providing financing and a sub company of Alterra owned Sterling House and they were now in Chapter 11. Mr. Ripma explained unity of control would work the same as unity of title but would allow the Crossings and Clarebridge to be separated legally and there would be no changes except possibly to change the building color and landscaping. It was confirmed there would be adequate drainage and parking. Mr. Ripma indicated traffic would not be impacted. Discussion ensued. Attorney Randolph explained that unity of control meant there would not necessarily be identical ownership but all properties would operate together. Each owner would manage their own property and anything shared between them would be operated under the unity of control, and what the developer did was up to him and the Council was not making any binding decisions tonight. Attorney Randolph explained his understanding from speaking with Mr. Ripma's attorney was that they just wanted to get an indication whether it seemed like a good idea to eliminate the unity of title for Mr. Ripma to go forward, but • cautioned that no approval should be granted tonight. Mayor Resnik confirmed with Mr. Ripma that his intent was not to change configurations of the apartments within the building but instead of renting the 84 units they would be sold as condominium units, and there should be adequate parking, water, etc., since it had already been approved for independent living, which meant people could drive and would live in the apartments. Attorney Randolph noted that originally Mr. Capretta had placed the restrictions so this would all operate as one campus and now it might not. Discussion ensued. Mr. Ripma indicated he believed this was a viable solution. Units ranged between 600-1200 square feet and he expected it to be completed in seven months once construction began. Mayor Resnik asked if he should call for consensus without a vote, to which Village Attorney Randolph responded he thought the Council had done that by their comments since there were no comments against this. Mr. Ripma commented he would have dropped this if there had been any objections. C. Site Plan Review for Bank of America/Eckerd Director of Community Development Jeffery Newell. explained there were two issues with this site plan review, the first being preliminary plat approval. The property currently had four lots, now proposed to be two, and staff recommended approval of the preliminary plat. Village Attorney Randolph advised the Mayor this was quasi.-judicial and therefore ex-parte communication needed to be • disclosed, and also for the sign application. Councilmember Genco reported she had spoken to George Gentile about the site and she had visited it numerous times and also had spoken with staff. Councilmember Capretta reported he had spoken . Village Council Meeting Minutes June 12, 2003 Page 12 ----------------------- to Mr. Newell. Vice Mayor von Frank reported he had talked to no one. Mayor Resnik reported he had attended the initial meeting between the applicant and staff, but had not talked to anyone about it. Councilmember Watkins reported she had visited the bank but had not talked to anyone about this project. MOTION: Vice Mayor von Frank made a motion to approve the preliminary plat. Councilmember Genco seconded the motion, which carried by unanimous 5- 0vote. Mr. Newell reviewed the site plan and pointed out traffic patterns, pedestrian walkways, and parking spaces on the site plan. Jason Litterick of Gentile Holloway & O'Mahoney Associates, representing the developer of the project, provided background for the project which consisted of two single story buildings. Extra parking had been provided in order to avoid future parking problems. The • buildings had been relocated from their original locations to have the drive thrus in the middle of the site rather than from Bridge Road. The open space minimum of 25% had not been met in order to provide 12 extra parking spaces for both buildings, and an additional sign on the north side of Eckerds was desired, for which the applicant was requesting approval. The shared parking with the rest of the site would remain in place. Mr. Litterick described the landscape plans and noted the existing large royal palms would be relocated all along the U. S. One boundary, and advised that landscape code requirements had been exceeded. Mr. Litterick confirmed he had not had a chance to run the exact open space calculation but the bottom line calculation would be either 24% or 26%. Mr. Litterick confirmed that less than 50% of vehicles leaving the site would turn right on U. S. One, some would exit onto Bridge Road and go south, and most residents would exit onto Tequesta Drive. Councilmember Capretta commented that over one third of prescriptions at Eckerds were filled at the drive in rather than going into the store which was why it was better not to have the drive-thrus along U. S. One. The buildings would be mirrored. Village Attorney Randolph advised if the Council were to vote to approve, he would like to see that approval conditioned upon specifically waiving the requirements indicated here, particularly as to open space and the additional sign for Eckerds, and also conditioned on the Village Attorney's final review of the Declaration of Use Agreement that would be prepared regarding the easements and if any kind of hold harmless agreement was needed that should also be a condition. Mr. Litterick clarified the developer was • offering to improve the Bridge Road right-of--way for the Village's benefit, but people coming to Eckerds could park there. Village Council Meeting Minutes June 12, 2003 Page 13 ----------------------- MOTION: Councilmember Genco made a motion to approve the site plan for Bank of America/Eckerd sbject to the total open space for both sites being within 1% of the required open space requirement, that additional signage be permitted for the Eckerds building on the north side, that the declaration of use agreement be subject to final approval by staff and the Village Attorney, and that there be a hold harmless agreement for development of the right-of--way that belongs to the Village of Tequesta. Vice Mayor von Frank seconded the motion, which carried by unanimous 5-0 vote. VII. Communications From Citizens Wade Griest, 494 South Dover Road, commented that Ms. Cook and Sgt. Irovando had attracted a large crowd which was needed for meetings, and they had certainly earned their awards. Mr. Griest thanked the Village Council for • their help in cleaning up the Siegel property and extended special thanks to Assistant Chief Garlo, Fublic Works Director Preston, other police officers, the Code Enforcement officer, and maintenance personnel and the man in charge of landscaping. Jim Humpage, 562 North Dover Road, congratulated Ms. Cook and Sgt. Irovando. Mr. Humpage reported he had sent a Letter to the Mayor and each Councilmember and suggested a town meeting to bring the residents to the council meetings. Mr. Humpage suggested the meeting be attended by the Council and Department Heads, and that the format be very informal, and when his letter was read into the record tonight to consider placing it on the agenda for next month and to vote on having a town meeting. Mr. Humpage suggested a 7 p.m. meeting, keeping it really informal. VIII. NEW BUSINESS A. Consideration of appointment of applicants to serve as members of the General Employees Pension Trust Board of Trustees and the Public Safety Officers' Pension Trust Board of Trustees Mayor Resnik passed the gavel to Vice Mayor von Frank so he could make motions relative to the pension boards for General Employees and for Public • Safety Officers. Mayor Resnik commented he was a member of the pension boards for over two years. Mayor Resnik announced that those interested in serving on the Public Safety Pension Board were Vi Laamanen, Thomas J. • Village Council Meeting Minutes June 12, 2003 Page 14 ----------------------- Paterno, Peter B. Lucia, and Geraldine Genco. MOTION: Mayor Resnik made a motion to approve Vi Laamanen and Geraldine Genco for appointment to the Public Safety Officers' Pension Board of 'Trustees. Councilmember Watkins seconded the motion. Councilmember Genco commented Thomas Paterno was willing to serve on the other board, and Vi Laamanen was already on the Recreation Board, and she would like another person being able to serve so she would like to serve and would like Mr. Lucia considered over Vi Laamanen. Councilmember Watkins agreed, hoping to encourage new people to get involved. It was noted that Vi Laamanen was also on the Board of Adjustment. Village Attorney Randolph stated he was concerned about dual office holding if Mrs. Laamanen was on two boards. Mayor Resnik commented he felt there were other positions for Mr. Lucia and Mr. Paterno, but there had been a requested amendment to the motion. Mayor Resnik noted there were two open positions on the Public • Safety Officers' Pension Board of Trustees, and three open positions on the General Employees Pension Board of Trustees, so with five applicants alt could be filled depending upon where they wanted to serve and if the General Employees Pension Board of Trustees wanted to consider one of these applicants to fill their fifth position, for which that board was responsible to select a member. Councilmember Capretta noted the work of these Boards was becoming very complicated legally and continuity was very important so as not to have a completely new board so as not to have a completely inexperienced board since these boards were handling pension money. Mayor Resnik amended his motion to vote on one person at a time. Councilmember Capretta requested naming the whole board each time so he would know who the other members were. Mayor Resnik amended his motion to nominate Geraldine Genco to serve on the Public Safety Officers Pension Board of Trustees. Councilmember Watkins seconded the motion, which carried by unanimous 5-0 vote. Mayor Resnik made a motion to nominate Thomas J. Patero to serve on the Public Safety Officers Pension Board of Trustees. Councilmember Genco suggested Mr. Paterno be nominated for the General Employees Pension Board of Trustees since he had the same background she did. Mayor Resnik changed his motion to nominate Peter B. Lucia for the second position on the • Public Safety Officers' Pension Board of Trustees. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. Village Council Meeting Minutes June 12, 2003 Page i5 Mayor Resnik announced that Geraldine Genco and Peter B. Lucia had been appointed to the Public Safety Officers Pension Board of Trustees. MOTION: Mayor Resnik made a motion to nominate Carl Hansen to the General Employees Pension Board of Trustees. Councilmember Genco seconded the motion and stated she felt Mr. Hansen was more than qualified to fill the position. Mr. Hansen commented that he was willing to step back to let a younger person serve if that was the desire of the Council. Motion carried by unanimous 5-0 vote. MOTION: Mayor Resnik made a motion to nominate Thomas J. Paterno to the General Employees Board of Trustees. Councilmember Watkins seconded the motion. Motion carried by unanimous 5-0 vote. • Councilmember Genco stated if Mrs. Laamanen wanted to consider resigning her other position, she could be considered for appointment by the General Employees Pension Trust Board. Councilmember Capretta commented there were certain technical duties and it should be considered when positions were open what kind of background was needed so as not to end up with all members having the same type of expertise, and he had not known their backgrounds. Village Clerk Miles commented the backup had included the applications of each, as well as the makeup of the board and the governing ordinance. Mayor Resnik announced that Vi Laamanen was invited to consider this Board, which would complete the membership of both boards. Vice Mayor von Frank passed the gavel to Mayor Resnik. B. Appropriate additional General Fund reserves to pay off the debt of the Ambulance ($30,284.41) and Fire Truck ($56,658.00) in the total amount of $86,942.41. Finance Director Joann Forsythe commented the Village Manager had asked her if there was any debt the Village could pay down this year, and these two items were due the early part of next year, but could be paid this year from reserves saving approximately $1,200. • MOTION: Vice Mayor von Frank made a motion to appropriate additional General • Village Council Meeting Minutes June 12, 2003 Page i6 ----------------------- Fund reserves to pay off the debt of the Ambulance ($30,284.41) and Fire Truck ($56,658.00) in the total amount of $86,942.41. Councilmember Watkins seconded the motion. Village Manager Couzzo explained that the strategy for this move was to save $1,200 and to put the Village into a better debt position. Councilmember Capretta asked if there were other items that would save more. Finance Director Forsythe indicated she would research that. Manager Couzzo commented the big debt was the RO plant and the Public Safety Facility and the new fire truck, all of which were at good rates. Ms. Forsythe indicated there were some leases and she would have to determine if there were penalties involved. Mr. Couzzo indicated staff would continue to look at ways to save. Motion carried by unanimous 5-0 vote. C. Consideration Of Executive Session Relating To Discussion Of Fraternal Order Of Police (FOP) And Communication Workers Of America (CWA) Contracts For Upcoming Years, To Be Held At The Emergency Operations Center Thursday, July 10, 2003 At 5:00 p.m. Executive Closed Door Session To Be Attended By: Mayor Edward D. Resnik Vice Mayor Russell J. Von Frank Council Member Joseph N. Capretta Council Member Geraldine A. Genco Council Member Pat Watkins Village Manager Michael R Couzzo Human Resources Coordinator Dan Gallagher Attorney Chris Kurtz Village Attorney John C. Randolph Mayor Resnik read the above announcement in its entirety. MOTION: Vice Mayor von Frank made a motion to hold the meeting as announced by the Mayor. Councilmember Genco seconded the motion, which carried by unanimous 5-0 vote. The Village Clerk announced she would provide a new budget calendar the next day. • IX. Any Other Matters • Village Council Meeting Minutes June 12, 2003 Page ~~ ----------------------- Vice Mayor von Frank announced he wished to speak on an item he had omitted, and went to the podium. Vice Mayor von Frank stated he had received a phone call from Attorney Randolph prior to Attorney Randolph going to court in the Siegel case in which Mr. Randolph advised in reviewing the file he had found some errors and asked the judge to postpone the foreclosure proceedings. Attorney Randolph advised it had not been postponed, the hearing had been cancelled. If there was another motion for judgement on the pleadings that would be a hearing at another time. Vice Mayor von Frank asked who then would initiate the proceedings. Attorney Randolph responded he was going forward to set it for trial if it was determined from a standpoint of litigation strategy it was wise to go for a motion for judgement on the pleadings he would go that route again. Vice Mayor von Frank asked if this was Attorney Randolph correcting his mistake. Attorney Randoph advised what he did was in preparing for the hearing, determine it was not a propicious time to go forward with a judgement on the pleadings so decided to delay and go forward at another time. Councilmember Genco commented the judgement on the pleadings was because the Village needed to make an addendum on the pleading but her goal and Mr. . von Frank's was to go forward with getting that proceeding filed and move forward ASAP. Mr. Randolph stated he understood that and was moving forward in that regard. Mr. Randolph commented he did not believe it was in the best interest of the Council or the Village to discuss litigation strategy in public and he would be happy to meet one on one with Mr. von Frank or any other member of the Council in regard to strategy on this litigation. Councilmember Genco stated she believed this issue came up because a court had indicated on a prior decision that Attorney Randolph was not entitled to attorney's fees and asked if that was correct, to which Attorney Randolph responded, no, there was no problem regarding attorney's fees, but because of the nature of the pleadings he did not feel it was propicious to go forward because something needed to be done in regard to the pleadings. Councilmember Capretta commented this Council had had an idea of what they wanted to do in the Siegel case for 15 or 20 years and therefore the attorney should advise the Council in private of how to complete this because there was always something else, and he had thought the process had ended, and he wanted the Council informed in private of the legal steps to be taken and when the end would be. Attorney Randolph stated he would be happy to do that and called for a closed door session. Councilmember Genco stated she thought it was a simple amendment to the pleadings and asked the attorney to do the amendment and send the Councilmembers a copy along with his strategy schedule to let them know how quickly it could be closed. Attorney Randolph commented he did not want to send a copy of the pleading until it was filed so recommended he tell the Council his strategy in a closed door session. Vice Mayor von Frank asked what had been done since the last proceeding. Attorney Randolph responded the case had been filed long ago but amendments needed to be made to the pleading. Mayor Resnik requested foreclosing and asked Attorney Randolph to provide a schedule. Village Manager Couzzo indicated he would meet with Attorney Randolph and brief the Council on where they Village Council Meeting Minutes June 12, 2003 Page i8 ----------------------- were going and the strategy. Councilmember Watkins commented she had anticipated speaking under Comments from Councilmembers, and wanted to express her gratitude to the taxpayers for recently being able to attend the Institute for Elected Officials. Councilmember Watkins reported it had been wonderful and she had learned a lot of important information, and recommended it for any newly elected official since it was very beneficial. Mayor Resnik read the following letter from resident Jim Humpage into the record: Mayor Edward Resnik Village of Tequesta Dear Mayor Resnik: I have on several occasions over the past years asked that the Village Council entertain the thought of holding a town meeting, but as yet none have come to fruition. While citizens may speak at any council meeting, it is a more formal atmosphere, and some folks are just a bit shy. The thought of a town meeting, as it were, lends itself to amore informal setting and you may find more good citizens in attendance. I know it is your wish as well as all our representatives to have our residents become more active in matters of the Village. Perhaps if possible, two meetings a year could be planned. As we are a Village of year-round and seasonal citizens, different concerns may be viewed; hurricane or recreational issues may be a summer concern while traffic and general public safety maybe an issue of more interest to seasonal residents. Whatever the topic, communication is the key. In closing, I think the meeting should be, while orderly, kept informal and allow citizens to communicate with their elected representatives. Suggestion cards might be made available for those who still wish to remain silent, but may perhaps have a great idea that would otherwise be unheard. Tequesta is a beautiful community and its greatest assets are its citizens. I would appreciate you reading this letter into the record for all to hear. Thank you in advance. Jim Humpage, 562 North Dover Road, Tequesta. Mayor Resnik stated copies had gone to each of the other councilmembers and the letter had now been read into the record. X. Adjournment MOTION: 1Tce Mayor von Frank moved that the meeting be adjourned Councilmember Capretta • seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned • Village Council Meeting Minutes June 12, 2003 Page i9 Respectfully submitted, Mary Miles Village Clerk DATE APPROVED: •