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HomeMy WebLinkAboutMinutes_Regular_01/10/2002.~ ~ . _ VILLAGE OF TEQUESTA ~! Post Office Box 3273 250 Tequesta Drive, Suite 300 ~~ ~ Tequesta, Florida 33469-0273 (561) 575-6200 *\ ' ° Fax: (561) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JANUARY io, 2002 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, • January 10, 2002. The meeting was called to order at 7:07 p.m. by Mayor Geraldine Genco. A roll call was taken by Betty Laur, Acting Village Clerk. Councilmembers present were: Mayor Geraldine Genco, Vice Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, and Councilmember Russell von Frank. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney John C. Randolph, Acting Village Clerk Betty Laur and Department Heads. Councilmember Sharon Walker was absent from the meeting. II. Invocation and Pledge of Allegiance Due to the absence of Councilmember Walker, who had been scheduled to give the invocation, there was no invocation. Mayor Genco led the pledge of allegiance to the flag. III. Approval of Agenda Mayor Genco requested item VI(A) be pulled, and requested addition under • Any Other Matters of the subject of Martin Luther King Day and review of contract negotiations for Village Manager Couzzo. Recycled Paper • Village Council Meeting Minutes January io, 2002 Page 2 ----------------------- MOTION: Councilmember von Frank made a motion to approve the agenda as amended Councilmember Dalack seconded the motion, which carried by unanimous 4-0 vote. IV. Unfinished Business A. Consideration of JMZ Tequesta Properties, Inc., letter of December 9, 2001 regarding outstanding issues of the Tequesta Village Center. Mayor Genco commented that a letter had been presented last month • by Mr. Zuccarelli m regard to JMZ Tequesta Properties, requesting financial considerations, but it was her understanding that he still had not provided backup documentation. Councilmember Dalack commented that Village Manager Couzzo had informed him that Mr. Zuccarelli would like a workshop on these matters, which he believed would be a good idea. Councilmember Dalack added that he also believed it would be a good idea for the Village Manager to meet with Mr. Zuccarelli to arrange the workshop. Village Manager Couzzo commented that Village Attorney Randolph would clear with Mr. Zuccarelli's attorney that it was all right for him to meet with Mr. Zuccarelli. MOTION: Councilmember Dalack moved to table this matter for a future workshop. Councilmember von Frank seconded the motion, which carried by unanimous 4-0 vote. V. Presentations • (A) Presentation by Gail Nelson, Town Manager of Juno Beach, • Village Council Meeting Minutes January io, 2002 Page 3 ----------------------- and H. C. "Skip" Clark, Juno Beach Chief of Police, in recognition of dispatch training provided by Tequesta Communications Supervisor Police Chief Allison introduced Chief Clark, and advised that Town Manager Gail Nelson had been unable to attend tonight's meeting. Chief Clark explained that he had become Chief in October, 2000, and had brought on board Juno Beach's own dispatch center. Chief Clark commented he had called Chief Allison and requested training for Juno Beach dispatch personnel, and Jennifer Gazo, Tequesta Communications Supervisor, had volunteered. Chief Clark presented Jennifer with a plaque in recognition of her contribution to the training, and also presented a • plaque to Chief Allison for interagency cooperation. (B) Presentation by Margaret C. Inserra of the Lighthouse Center for the Arts with request for funding. Margaret C. Inserra, Director of the Lighthouse Center for the Arts, described the activities of the organization, including art exhibits, School of the Arts, and various cultural activities and events. Ms. Inserra explained that past donations of $5,000-$10,000 from the Village had directly benefited the educational programs provided by Lighthouse Center for the Arts, and had also been used for marketing this area. Ms. Inserra announced that the present exhibit was a tribute to Van Gogh and his influence on modern day art, which was open Monday-Saturday 10 a.m. to 5 p.m., and 12-4 on Sundays. Ms. Inserra indicated that the Center's goal was to make Village residents aware of this valuable asset in their Village. Mayor Genco suggested and the Village Council concurred that future exhibit information would be placed in the Village newsletter. Ms. Inserra requested a donation from the Village. • Village Council Meeting Minutes January 10, 2002 Page 4 ----------------------- Councilmember von Frank requested the balance left in the donations account, to which Village Manager Couzzo responded the remaining balance was $9,000 in Contributions and Donations after the $2,000 allocated at the last meeting for the Florida History Museum, until September 30; however, there was $7,700 in Contingency that could be considered. MOTION: Councilmember von Frank made a motion to table consideration of the donation request from Lighthouse Center for the Arts until the next meeting and to discuss the amount of the donation at the next meeting. Vice Mayor Capretta seconded the motion, which carried by unanimous 4-0 vote. C. Presentation to Councilmember Sharon Walker for Certificate of Completion of the Advanced Institute for Elected Municipal Officials. Village Manager Couzzo reported that when Councilmember Walker had called that afternoon to advise she could not attend tonight's meeting that she had indicated she would like this presentation by mail. VI. Consent Agenda A. Village Council Regular Meeting Minutes of December 13, 2002. Mayor Genco had requested these minutes be pulled from the Consent Agenda and now requested this item be considered before the rest of the Consent Agenda. Mayor Genco reported that certification of the special election was in the minutes but was not discussed in depth, and stated that the certification results of the special election that was held December 4 • with regard to site selection for the new Village Hall and for the amended Charter was passed, and the results were noted at the December 12 • Village Council Meeting Minutes January io, 2002 Page 5 ----------------------- meeting, when the Council had made a motion to approve selection of the Village Hall site which was to be next to the Public Safety building and to approve the amended charter. Vice Mayor Capretta had seconded the motion and all five Councilmembers had voted in favor to certify the results, with the vote 5-0. The Mayor requested that additional notes regarding this item were to be included with the December 13 meeting minutes. Mayor Genco requested the following change toward the middle of page 4 of the minutes: The Mayor's remark regarding the clearing of the property should state that according to Palm Beach County the material cleared from the property consisted of nuisance species. Mayor Genco called for clarification from Councilmember Dalack regarding item (e) on page 11, since she believed the motion that was made regarding Song & Associates and having the committee was not an • authorization to hire Song & Associates but was to determine the size and extent of the building and the quote in the minutes did not make sense to her. Councilmember Dalack clarified it was the engagement of the services and not determination of the size of the building. Mayor Genco stated the minutes should be changed to state in the quote attributed to Councilmember Dalack, following the comma, "but not determine the size and extent of the building." Mayor Genco stated those were the three corrections she would like made to the minutes. MOTION: Councilmember von Frank made a motion to approve ConsentAgenda Item (A), Village Council Regular Meeting Minutes of December 13, 2002, as amended Councilmember Dalack seconded the motion, which carried by unanimous 4-0 vote. B. Special Village Council Meeting Minutes of November 6, 2001 C. Community Appearance Board Meeting Minutes of October 10, 2001 D. Approval of surplus designation for Village vehicles • E. Special Village Council Meeting Minutes of November 8, 2001 F. Renew line of credit with Bank of America, and increase it from • Village Council Meeting Minutes January 10, 2002 Page 6 ----------------------- $5,000,000 to $6,000,000 with closing costs being $5,000 -Resolution No. 18-01/02 A Resolution of the Village Council of the Village of Tequesta, Florida; authorizing the issuance of a note of the Village in the principal amount of not exceeding $6, 000, 000 to finance the cost of a new Public Safety Facility or new Municipal Complex of the Village and to modify and extend an existing note of the irllage; providing that such note shall not be a general obligation of the Village but shall be payable only from appropriated funds as provided herein; providing for the rights, securities, and remedies for the owner of such note; providing for the creation of certain funds; making certain covenants and agreements in connection therewith; and providing an effective date. • Village Attorney Randolph read Resolution No. 18-01/02 by title only. MOTION: Councilmember von Frank made a motion to approve ConsentAgenda items B through F. Vice Mayor Capretta seconded the motion, which carried by unanimous 4-D vote. Vice Mayor Capretta commented that he assumed the addition of $1 million to the line of credit was a temporary device, and that permanent financing would become an issue in the future when the Village Council would decide whether permanent financing should be in the form of a bank loan or municipal bonds-whichever was the most cost effective method. The Vice Mayor questioned Village Manager Couzzo as to whether he would be coming back to the Village Council in the months ahead to request the type of permanent financing. Village Manager Couzzo responded if the rate remained at the current 3 percentage points this bank loan could become the permanent financing, Vice Mayor Capretta commented that although the Federal Reserve kept lowering • interest rates, actual loan rates were going up, and the Village might want to look at that with their financial advisors. Village Manager Couzzo • Village Council Meeting Minutes January io, 2002 Page ~ ----------------------- reported this loan was short-term, and the Village was consulting with financial advisors. Vice Mayor Capretta commented that municipal bonds were currently in very short supply so the Village could issue them at a very low rate, and people only getting 2% on their CD's would be happy to have 4% on tax-free Florida bonds. VII. Communications from Citizens Katheryn Basquill, 92 Yacht Club Place, stated she was present to make a request for funding for Project Graduation for Jupiter High School and had wanted to be on the agenda. Ms. Basquill distributed t-shirts to each of the Councilmembers, provided a history of Project Graduation, and explained that it had evolved into an evening parry. Students purchased • tickets for $10, a contest was held to design the t-shirt theme and that theme was carried out for the party, which was a costume party. As students left the party their parents or guardian were called. Ms. Basquill described activities at the party and noted that door prizes were given. Ms. Basquill commented that the Village had supported this event since its inception and had donated $1,000 each year for the past eight years. Ms. Basquill requested that the Village help again. Mayor Genco commented this had been discussed at the last Village Council meeting and that it was supposed to be on the agenda for this meeting; however, the Village Clerk had had a family emergency and she assumed that was why it was not on the agenda. Mayor Genco asked the Village Manager if the matter of a contribution had been looked into, to which Village Manager Couzzo responded the Village Council had the discretion to act on this tonight if they so chose, and he was totally supportive and strongly recommended a contribution. MOTION: Vice Mayor Capretta made a motion to donate $1, 000 to Jupiter High • School Project Graduation. Councilmember von Frank seconded the motion, which carried by unanimous 4-0 vote. • Village Council Meeting Minutes January 10, 2002 Page 8 ----------------------- Dottie Campbell, 4 Tradewinds Circle, related a story that on December 29 when the construction equipment was quiet, a distant cousin visiting a neighbor had commented that he had heard so much about how wonderful Tequesta was, but it didn't even have paved roads. Ms. Campbell announced that the March 12 election would be held in this building for precincts 2 and 14 and the deadline for registration was February 11. Ms. Campbell encouraged anyone who had not registered to vote to do so, and explained that this would be a municipal election with no other issues on the ballot. Ms. Campbell stated that poll workers were needed, described the job, and asked anyone interested to contact Village Clerk Wolcott. Ms. Campbell explained that new touch screen voting machines would be used, and asked if she could contact the Supervisor of Elections office to . request that a machine be set up at the February 14 Village Council meeting so that residents could become familiar with the operation. Vice Mayor Capretta commented that all voters should have a chance to practice before the election day. Ms. Campbell explained that any group could have a machine brought to them. Vice Mayor Capretta requested Ms. Campbell have a machine brought to this building on certain days and that an announcement be placed in Smoke Signals. Ms. Campbell explained that the new machines could not be taken out to a car if someone came to vote who could not walk into the building, and those individuals would now have to vote by absentee ballot. Vice Mayor Capretta requested that Village Manager Couzzo work with Ms. Campbell to get a machine for at least one day and possibly two. Ms. Campbell indicated she would inquire and get back to Mr. Couzzo. Ms. Campbell called for volunteers for poll workers, however, only five people indicated they would do so, which were five who had previously volunteered. Pert Towne, Fairway North, expressed concern regarding the 4-way stop • on Country Club Drive at North Place adjacent to Turtle Creek, which she believed to be confusing and dangerous. Ms. Towne described how the • Village Council Meeting Minutes January io, 2002 Page 9 ----------------------- misalignment at that stop created dangerous situations, and indicated the options were to either remove the stop signs or realign the intersection. Ms. Towne reported she had spoken with Assistant Chief Garlo who had indicated others had expressed concern also. Ms. Towne asked the Village Attorney if the Village would incur any liability if someone were hurt in an accident because of the misalignment, to which Village Attorney Randolph responded no, that the Village would have sovereign immunity. Mayor Genco requested that Community Development Director Jeff Newell look at the rights-of- way to see if the intersection could be aligned and report back to the Village Council at their next meeting. Vice Mayor Capretta reported traffic studies had been done on that, that the street markings were a problem, and that golf carts were a big danger. Village Attorney Randolph confirmed for Councihnember • Dalack that the Village had authority to place stop signs on Village roads. Vice Mayor Capretta suggested that rather than having Mr. Newell look into the situation that a professional traffic engineer look at it; and commented that Police Chief Allison was having a study made of the corner of U. S. One and Tequesta Drive done at the Vice Mayor's request. The Vice Mayor described the dangerous situation at that intersection, and indicated there were a couple of corners in the Village that had been changed several times over the years but each improvement had problems. Vice Mayor Capretta recommended making the road markings clear at the comer Ms. Towne was discussing. Discussion ensued. Mayor Genco commented there was a huge area in front of Turtle Creek and if the Village had right-of--way there might be a possibility of aligning the intersection. Councilmember Dalack recommended a workshop on traffic in Tequesta and what could be done about problems, and indicated he had had residents report to him also regarding the intersection the Vice Mayor had brought up, and that people had actually gone through the red lights there. Mayor Genco requested Chief Allison report to the Village Council at their next meeting areas in the Village where there were traffic • problems, and then possibly a workshop could be held; meanwhile, she would still like Mr. Newell to look at the rights-of--way. Councilmember • Village Council Meeting Minutes January io, 2002 Page io ----------------------- von Frank asked what the Village regulations were regarding golf carts using roads. Chief Allison responded they must be licensed and have lights just like a car and that the police gave them warnings. Mayor Genco requested the police be more diligent in issuing warnings. Ed Resnik, 342 Country Club Drive, commented he had lived on Country Club Drive for 22-1/2 years, and during the 1990's traffic flow and speed had increased. Mr. Resnik reported he had served on a Village committee for traffic control for 4-5 years, and that committee had looked at a variety of traffic calming devices. It had been decided to do three things on Country Club Drive: reduced speed to 25 mph which would be monitored; plant trees along the road that would grow to provide a • narrowing of the road, and place a stop sign at the comer between the 200 and 300 block. Mr. Resnik reported the committee would rather have placed speed humps in the road but too many residents had been against that, however, they did place a rumble strip in the road for vehicles entering from Martin County. After one or two people complained about the noise from the rumble strip it had been removed by the Village. Mr. Resnik stated that a few people should not control benefit for many. Mr. Resnik reported the committee had studied the intersection discussed by Ms. Towne and the fact that it was not aligned, and had said it would be all right so long as drivers exercised care, and so far as he knew there had not been an accident there. Mr. Resnik expressed his opinion that if the stop signs were removed the road would again be a speedway, that the stop signs had helped, and he strongly recommended the stop signs not be removed and another alternative considered. Mr. Resnik reported at the time the committee had studied the situation there had not been sufficient warrants for a street light. Mayor Genco responded that this situation would be looked at and the stop signs probably would not be removed. Mr. Resnik related a health story about a man who appeared wizened and old who when asked the secret to his long and satisfying life responded he • drank, smoked, and never exercised; and when asked his age responded he had just passed 32. • Village Council Meeting Minutes January io, 2002 Page ii ----------------------- Vice Mayor Capretta commented that 5-7 years ago the number one issue in Tequesta had been the rising traffic, particularly on Country Club Drive, and that the right-of--way on both sides had been reduced so that road could not become 4 lanes. The Vice Mayor noted that problem had been solved that now almost no one knew about the previous traffic problems since it hadn't been mentioned in 3-5 years. The Vice Mayor commented it was satisfying that the Village did solve a problem once in awhile. VIII. Public Hearings • A. Ordinance 56f~-second reading and public hearing-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, annexing into the Village parcels of land, which are contiguous to the Village limits, owned by Polly A. Morgan. A residential property located at 19654 North Riverside Drive, Tequesta, Florida 33469, providing a legal description of the property proposed to be annexed, redefining the boundaries of the Village to include said real property, providing for repeal of all ordinances in conflict, providing for severability, providing for an effective date, providing for advertising, and providing that this Ordinance shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, and Florida Department of State upon adoption. Village Attorney Randolph read Ordinance 566 on second reading by title only. Mayor Genco declared the public hearing open. Director of • Community Development Jeff Newell announced that second reading of this ordinance completed the annexation of this property, • Village Council Meeting Minutes January io, 2002 Page 12 ----------------------- and the next step was land use designation and an amendment to the comprehensive plan, which would be presented at the February and March Village Council meetings. Hearing no comments from the public, Mayor Genco declared the public hearing closed. MnT1nN: Councilmember von Frank made a motion to accept Ordinance 566 on second reading by title only. Vice Mayor Capretta seconded the motion, which carried by unanimous 4-0 vote. B. Ordinance 567-second reading and public hearing-An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, annexing into the Village parcels of land, which are contiguous to the Village limits, owned by R Edward Glendinning . A residential property located at Riverside Drive, Tequesta, Florida 33469, providing a legal description of the property proposed to be annexed, redefining the boundaries of the Village to include said real property, providing for repeal of all ordinances in conflict, providing for severability, providing for an effective date, providing for advertising, and providing that this Ordinance shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, and Florida Department of State upon adoption. Village Attorney Randolph read Ordinance 567 on second reading by title only. Mayor Genco declared the public hearing open. Director of Community Development Jeff Newell announced that second reading of this ordinance completed the annexation of this property, • and the next step was land use designation and an amendment to the comprehensive plan. Mr. Newell explained that this property • Village Council Meeting Minutes January 10, 2002 Page 13 ----------------------- was contiguous with the property in Ordinance 566. Vice Mayor Capretta commented the Village had recently annexed 15 acres of the Rudd property and that these two annexations would provide entrances into that property. Mr. Newell reported that a new development called Willow Glen was proposed for this property, which would be a subdivision with approximately SO lots and the homes would be in the $250,000--$300,000 range. Hearing no comments from the public, Mayor Genco declared the public hearing closed. MOTION: Councilmember von Frank made a motion to accept Ordinance • 567 on second reading by title only. Vice Mayor Capretta seconded the motion, which carried by unanimous 4-0 vote. IX. Development Matters A. Quasi-Judicial Public Hearing for Variance Request Variance to Section X, Supplemental Regulations. Subsection (A), General Provisions, Paragraph (8), floor elevation above sea level. Brian J. O'Connor, Applicant Village Attorney Randolph swore in Mr. O'Connor and Director of Community Development Jeff Newell It was reported that there had been no ex-pane communications. Mr. O'Connor stated he was the applicant, living at 27 Live Oak Circle, and he wished to construct an impact glass patio area offthe main part of his house. Mr. O'Connor explained that when DiVosta had constructed Tequesta Oaks, he had been allowed to build foundations that did not meet the specifications of the building code and were not 18" above the crown of the road, and approximately half the homes in • Tequesta Oaks did not meet this standard. Without a variance, Mr. O'Connor indicated he would have to raise the patio floor 6" • Village Council Meeting Minutes January io, 2002 Page i4 ----------------------- above the existing slab of the living area, and he was therefore requesting the Village Council to approve a variance so he could meet the existing slab of the house without raising the floor slab 6". Mr. O'Connor reported that last year someone had been approved without having to get a variance. Mr. O'Connor reported he had been trying to get approval for 15 months. Mr. O'Connor requested the Village grant a variance so he could begin construction and have the floor level with the level of his living area. Mr. O'Connor clarified this was already an enclosed porch. Director of Community Development JeffNewell reported that Mr. O'Connor was correct that the original construction did not meet code, and once the patio was glass enclosed it would be considered • living area that was supposed to be at 8.5" MSL plus 18" above the crown of the road, and the error had been discovered during the form board survey. Mr. Newell commented that this item was before the Village Council instead of Board of Adjustment because it was in the Mixed-Used District. Mr. Newell commented Mr. O'Connor had depth perception problems with his eyesight and would have a problem if the patio had to be at a different floor level than the rest of his home. Mr. Newell reported he had reviewed 20 surveys of properties in Tequesta Oaks, and nine had this particular problem. Mr. Newell verified it was true that one person had been allowed to proceed without a variance., that this would not do any damage to Mr. O'Connor's neighbors, and that the neighbors had been properly notified. Mr. Newell reported the Homeowners Association was aware of the problem and had requested a blanket variance; however, he had advised them that was not possible. Mr. Newell recommended approval and noted this would not set a precedent. Mr. O'Connor commented that when he had met with Village Manager Couzzo in October, he had suggested he would make a recommendation to the Board that Mr. • O'Connor receive a refund of the $500 variance fee since this situation was not his fault. Mr. O'Connor requested that the • Village Council Meeting Minutes January 10, 2002 Page i5 ----------------------- Village Council consider refunding the $500 variance fee. Mr. Newell advised there were administrative costs involved and that Mr. O'Connor would have to pay the fees for the actual construction. Village Attorney Randolph advised that regarding this application there were certain code criteria must be met in order to grant a variance, and if the Village Council considered the criteria had been met they should simply in a motion to approve make a finding that the criteria had been met. MOTION: Vice Mayor Capretta made a motion to approve the variance request in view of the fact that the hardship created by the Village was no fault of the owner and that it was created through • an error in approval of the property during original construction, and that the request for variance be approved and the $S00 fee be waived Councilmember von Frank seconded the motion. Village Attorney Randolph commented that typically variances below the required elevation included requirement of a hold harmless agreement to hold the Village harmless in the event of future flooding. ice Mayor Capretta stated he would be happy to add the requirement hat the applicantprovide a hold harmless agreement to his motion; Councilmember von Frank accepted the amendment to the motion. It was clarified that the motion was conditioned upon the hold harmless agreement Motion carried by unanimous 4-0 vote. X. New Business A. Resolution No. 17-01/02-A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Calling a General Municipal Election to be held Tuesday, • March 12, 2002, and if necessary the Municipal Run-off Election to be held Tuesday, March 26, 2002, for the purpose • Village Council Meeting Minutes January 10, 2002 Page i6 ----------------------- of electing Council seats 1, 3 and 5; designating polling locations, election officials and inspectors of election; establishing election procedures, providing an effective date. Dottie Campbell commented there was a requirement to name the inspectors 30 days ahead; Mayor Genco read the names and positions as specified within the ordinance. Ms. Campbell stated those people had served in the December 4 election and asked if they had been contacted for this election, to which Village Manager Couzzo responded he believed they had been contacted. The Village Manager requested Acting Village Clerk Betty Laur to read Resolution 17-01/02 by title; Acting Village Clerk Laur read aloud Resolution 17-01/02 by title only. Ms. Campbell commented • she had not been contacted. Mrs. Nagy indicated she had been contacted. Village Manager Couzzo indicated if there was a problem it would be addressed at the February meeting. Mayor Genco asked if the Village was required to have four inspectors, to which Ms. Campbell responded that it depended on the number of machines assigned and could vary from 4 to 7, and there was not really a problem but she had not received a call. MOTION: Councilmember Dalack made a motion to approve Resolution No. 17-01/02. Councilmember von Frank seconded the motion. During discussion of the motion, Councilmember von Frank asked if the five people who volunteered earlier needed to be named; Mayor Genco advised the purpose was to specifically name some of the people who would be there but there could be more than those named, and if a person who was named did not show up that was not a problem. Motion carried by unanimous 4-0 vote. Ms. Campbell requested Village Clerk Wolcott call the Supervisor • Village Council Meeting Minutes January 10, 2002 Page i~ ----------------------- of Elections to see how many people were needed. Village Manager Couzzo indicated that would be done on Monday when Village Clerk Wolcott returned. B. Discussion regarding Robert and Sheila Landgraffvs Bayview Homeowners' Association, Inc. and Village of Tequesta Village Attorney Randolph reported the Village was named as a defendant in a lawsuit by Robert and Sheila Landgraff versus the Village and the Homeowners Association, and this matter had gone to mediation. Under consideration in this lawsuit was whether the Village should take responsibility to maintain a strip of land which • was in Village right-of--way adjacent to the development. Attorney Randolph indicated he would prefer not to discuss the legal issues at this time absent aclosed-door session, but wanted the Council to have an understanding that the Village was being asked to take over the maintenance responsibilities for the grassy strip which was part of the Village right-of--way next to this development, and that there was within this area a gate and some plantings and some signs which were the responsibility of the Homeowners Association as a result of a hold harmless agreement that was provided to the Village, and the Village was not being asked to maintain that portion of the property; but the Village was being asked to mow the grassy area and maintain the irrigation for that area. Mayor Genco asked for clarification of her understanding that the Village had a section of land approximately 20' x 20' square which was at the corner of Bayview and Tequesta Drive in which the Village had allowed the Homeowners Association to build a gate or a sign, and that there was no picture of this available for tonight's meeting. Village Attorney Randolph presented a map of the area, and indicated the grassy strip. Attorney Randolph commented that the Homeowners Association as a result of communications received from the Village in 1986 had been . Village Council Meeting Minutes January io, 2002 Page ~8 ----------------------- maintaining this strip and billing the homeowners within the development for the cost of maintenance. Village Attorney Randolph advised that Mrs. Landgraffhad filed a lawsuit indicating that should not be the responsibility of the Homeowners Association or of the homeowners and was contesting the fact that she and other property owners had been required to pay for what should be the responsibility of the Village. Attorney Randolph commented that the Homeowners Association had not brought an action against the Village, but had been voluntarily-pursuant to the request of the Village-maintaining that property and billing the homeowners. The homeowners were saying they should not have to pay for maintenance of that property. Village Attorney Randolph advised that what both the Homeowners Association and • Mrs. Landgraff were looking to learn from the Village Council was whether the Village would voluntarily take over the maintenance of that strip and the irrigation. Councihnember Dalack stated that was premature and he did not believe the Council should be discussing this. Attorney Randolph responded he did not want them to discuss the merits of the lawsuit, but the request that was coming before the Council was whether or not they would voluntarily assume maintenance. Councilmember Dalack indicated he believed that to be part of the lawsuit and he thought the Council should not be discussing anything about this action outside a closed door attorney client session. Councihnember Dalack requested a closed door session. Mayor Genco asked if in the targeted area the signs and landscape belonged to the Homeowners Association. Village Attorney Randolph responded they asked to put a gate and signs in the Village right-of--way, so the Village allowed them to do that but received a hold harmless agreement back from them saying they were responsible for that particular portion, but that had nothing to do with the grassy strip. Attorney Randolph clarified for Mayor Genco the appropriate area on the map. Mayor Genco announced that Robin Neandross and Bob Landgraff were present • Village Council Meeting Minutes January 10, 2002 Page i9 ----------------------- and wished to speak. Councilmember Dalack stated they were welcome to make any comments they wanted but the Village Council should not make any sort of decision. Bob Landgraff thanked Councilmember Dalack and agreed there was not enough background to openly discuss this tonight, and he did not wish to elaborate in depth on the obligations of the Homeowners Association on that property because he was not a lawyer. Mr. Landgraff stated the nature of his lawsuit was he was seeking a declaration of his rights as a homeowner to have to maintain municipal property that was beyond the jurisdiction of their Homeowners Association but was within the jurisdiction of the Village of Tequesta, and he was seeking declaratory relief. Robin Neandross, President of Bayview Terrace Homeowners Association, commented she was present with the Vice President and Secretary of the Association and Bayview Terrace residents. The community consisted of 19 homes located at Tequesta Drive and Bayview Road. The Homeowners Association currently assessed the residents $300 per year, and the majority of the assessment was applied to maintenance of the entrance to the community. Residents of the community Bob and Shelia Landgraff had objected to the assessment and had filed a lawsuit against the Village and the Homeowners Association, requesting a declaration by the Court as to who was responsible for maintenance of the entranceway. Ms. Neandross advised that the Homeowners Association had been pleased that the Village was considering settling the lawsuit by taking over mowing the grass and maintaining the irrigation, and stated that without admitting any liability on the part of the Homeowners Association, the Homeowners Association strongly recommended the Village . assume the responsibility of mowing the grass and maintaining the irrigation. Ms. Neandross clarified that this was not an • Village Council Meeting Minutes January 10, 2002 Page 20 ----------------------- acknowledgement of any wrongdoing on the part of the Village or the Homeowners Association but expressed hope that action by the Village would resolve the Landgraff lawsuit. Ms. Neandross stated the Homeowners Association supported the Village Manager's recommendation that the Village mow the grass and maintain the irrigation in the entranceway. Ms. Neandross stated it was also the position of the Homeowners Association that they would maintain the sign. Mayor Genco asked if the Association was assessing Mr. and Mrs. Landgraff $300 per year; Ms. Neandross responded yes, that every homeowner paid $300 per year, the majority of which went to maintenance of the entranceway. Mayor Genco asked if Mr. and Mrs. Landgraffwere also paying an additional $300 for their property. Ms. Neandross • explained that Mr. and Mrs. Landgraffwere only paying $300 per year, the same pro rata share of the assessment as every other property owner in the Association. Mayor Genco asked if the Landgraff suit against the Village then was not only on their behalf but was also on behalf of the other Association members not to have to pay the maintenance. Ms. Neandross responded the suit was directed towards the Village of Tequesta as well as the Bayview Terrace Homeowners Association. Mayor Genco stated, because nobody wants to pay the $300 per year. Ms. Neandross replied she would not say nobody wanted to pay, but these individuals objected to paying, and there were others as well; and it was kind of a division. A lot of people had not objected to paying to maintain the equity of their homes; it was $25 per month and the homes were valued at $300,000 to $500,000. Ms. Neandross stated in compliance with the agreement executed in 1989 and the fact the Village had told Bayview Terrace they were responsible for the maintenance, they had always taken care of it; however, if the Village was willing to do the maintenance. Bayview Terrace • would respectfully request it be done to the same standards. Mayor Genco asked if there were any taxes on that land, to which • Village Council Meeting Minutes January io, 2002 Page 21 ----------------------- the Village Manager responded not to his knowledge-it was a publicright-of--way. Vice Mayor Capretta asked Ms. Neandross if the Homeowners Association was willing to continue to maintain the gate, signs, and landscaped area, to which Ms. Neandross responded at mediation they had come to where if the Village would accept the responsibility of mowing and maintaining the irrigation of the 75' strip the Homeowners Association strongly agreed with that, especially if it would cease and desist the lawsuit. Vice Chair Capretta commented to the Village Attorney that Councilmember Dalack had said this should not be discussed, but the obvious answer was what was the practice of all the other gates in the entire Village. Attorney Randolph disagreed because this had nothing to do with the gates, signs, or landscaping.-only a . grassy strip in the right-of--way. Vice Chair Capretta stated, what about all the other grassy strips in rights-of--way. Councilmember Dalack called for an end to the conversation, but indicated anyone who wanted to make a statement should be allowed to do so. Mayor Genco stated what she was hearing was they wanted to paint their sign and let the Village take care of everything else. Attorney Randolph advised it was not Ms. Neandross who wanted anything, it was the Homeowners Association, and that was not what was requested. Ms. Neandross clarified that the majority of the residents were in favor of maintaining it for what it cost per month, but they were questioning the 75' of lawn, which did not seem to be incorporated into the document. Mayor Genco asked for a better drawing for the next Council meeting with the 75' strip located on a site map because she could not figure out where it was located. Mayor Genco stated if at the next Council meeting it ended up being something simplistic the Council could dispose of it, or if not, a closed door session could be called. Councilmember Dalack stated he strongly disagreed; that a closed door session • should be scheduled so the Council could understand what the lawsuit was about and the possible resolutions to the lawsuit, in . Village Council Meeting Minutes January io, 2002 Page 22 ----------------------- order to make a rational decision. Mayor Genco stated she did not even understand where it was located. Councilmember Dalack stated that was exactly the reason for a closed door session. Attorney Randolph stated he needed the Village Council's advice in regard to the litigation and therefore would recommend a closed door session be scheduled, and requested it be announced now so that notice did not have to be given. Vice Mayor Capretta requested information be provided then on the practice at all the other community entrances. MOTION: Councilmember Dalack made a motion to have a closed door • session regarding the Landgraff lawsuit at 6 p. m. on February 14, 2002, prior to the Village Council meeting. Councilmember von Frank seconded the motion. During discussion of the length of time needed for the session, Mayor Genco expressed her opinion that with better maps she believed an hour would be sufficient Motion carried by unanimous 4-0 vote. Attorney Randoph announced the closed door session would take place February 14, 2002, at 6 p.m. at 399 Seabrook Road, Tequesta, Florida, and the attendees would be Councilmember Dalack, Councilmember Walker, Vice Mayor Capretta, Mayor Genco, Councilmember von Frank, Village Manager Couzzo, Village Attorney Randolph, and a Court Reporter from Ley & Marsa-probably Jane Pastore. Vice Mayor Capretta stated he wanted to talk to the President of Bayview Terrace about another Bayview Terrace issue-the alley which the Village decided to give half to Yacht Club back yards and half to Bayview Terrace back yards, and at first Yacht Club • did not want any, then wanted it all, and there was now a lawsuit. Ms. Neandross indicated she thought that was correct. Vice • Village Council Meeting Minutes January 10, 2002 Page 23 ----------------------- Mayor Capretta indicated he had heard while the lawsuit was pending that people in Bayview Terrace who wanted to sell their property could not sell unless they got permission from Yacht Club residents. Vice Mayor Capretta commented he had asked Village Attorney Randolph previously to check on that, which he had not done. Ms. Neandross indicated she knew nothing about that, and would look into the matter herself. Mayor Genco requested Village Attorney Randolph prepare a list of all litigation in which the Village was currently involved. C. Consideration and notice of attorney/client session regarding pending litigation and possible settlement of an outstanding . workers' compensation case. Announcement of time, place (January 24, 2002 at 5:00 p.m. in the Village of Tequesta Administrative Offices, 250 Tequesta Drive, Suite 300) and the persons who will be attending the session (Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, Councilmember Russell J. von Frank, Councilmember Sharon D. Walker, Councilmember Basil E. Dalack, Village Manager Michael R Couzzo, Jr., Attorney Allen R. Tomlinson, Attorney Gary M. Schloss, Certified Court Reporter Jane Pastore). Mayor Genco questioned who the two attorneys were. Village Attorney Randolph responded that Attorney Schloss was an attorney who had worked on the workers compensation case for some time and Attorney Tomlinson was an attorney from Mr. Randolph's office with whom he had consulted. Attorney Randolph advised that this matter was coming before the Village Council because the attorneys were seeking the Council's advice regarding litigation strategy. Mayor Genco requested information about this matter ahead of time. Attorney Randolph advised that Village Manager Couzzo should get information from Attorney • Village Council Meeting Minutes January io, 2002 Page 24 ----------------------- Schloss. Mayor Genco asked for any pleadings, synopsis of the case, information on who the attorney had been, etc., prior to the closed door session. MOTION: Councilmember Dalack made a motion to hold the closed door session as announced Councilmember von Frank seconded the motion, which carried by unanimous 4-0 vote. XI. Discussion and update of Tequesta Fest Mayor Genco announced that the next item was a discussion and update on Tequesta Fest, which would be a revival of a cultural festival that Tequesta • had several years ago, and the idea was to encourage and cultivate South Florida artists and artists in the southeast United States. Mayor Genco commented that Tequesta had been saying for years that they were a cultural center and this was geared toward putting Tequesta on the map as a cultural center. Mayor Genco commented it was hoped that the property adjacent to the new Village Hall as well as possibly the JMZ Tequesta Properties site and Constitution Park would all become part of Tequesta Fest. Mayor Genco reported the event would showcase local artists, and would include music and entertainment for children. Lighthouse Center for the Arts would provide a dog fashion show, which had been very successful in the past. The Mayor also hoped to have a juried art contest. Mayor Genco asked for support of the Village Council to pursue this matter. Councilmember von Frank stated his support. Vice Mayor Capretta commented this was a great concept, but he would like more detailed planning. Mayor Genco responded citizens had been working on this on a volunteer basis, and they were getting close to having drafts that could be presented to the Village Council. Mayor Genco commented she would love to see some citizens volunteer their time for the planning and working and volunteering for this festival, which would • be held 2 days the second weekend in April so as not to conflict with any other art festivals in the area. Mayor Genco asked anyone interested to • Village Council Meeting Minutes January 10, 2002 Page 25 ----------------------- contact her or the Village offices. XII. Consideration and Scheduling of a Council Workshop regarding Water Mayor Genco announced that at the last Village Council meeting Vice Mayor Capretta had brought up holding a workshop regarding water matters since the Village was looking to expand its water plant. Expansion would involve adding another train to the reverse osmosis plant which would cost $650,000 for the well itself, plus the structures to connect the well to the utility plant. If areas were annexed, infrastructure would be needed to service those areas. There were also fmancial issues, and the Vice Mayor had requested a Special Village Council Workshop to discuss this matter. Mayor Genco requested the workshop be scheduled for a Saturday in order to have public participation. February 23 was chosen. Village Manager Couzzo commented there would not be an issue of Smoke Signals before that date, but the workshop could be advertised in the newspaper, on the web site, and on the water bills. Consensus was to hold the workshop on Saturday, February 23 at 10 a.m. Village Manager Couzzo commented that during that time he would be negotiating with numerous agencies on these issues. XIII. Any Other Matters Mayor Genco reported the Village Manager had given her some information regarding Martin Luther King day and the newspaper had published a very negative article saying all municipalities would be closed except the Village of Tequesta and one other municipality, and had made a derogatory comment that it was perhaps because Tequesta had no residents who had an ethnic interest in that holiday. Mayor Genco stated she was not pleased, and asked if the Village had the ability to grant another paid holiday. Mayor Genco added she also had received a letter from TRUTHS regarding a civil • rights legacy tour to Selma, Birmingham, and Montgomery. The tour was scheduled for March 15-19 and the puce was $250-$395 per person. Mayor Village Council Meeting Minutes January 10, 2002 Page 26 ----------------------- Genco commented if no one on the Council was interested in taking the tour, perhaps the Village could sponsor through TRUTHS a student who would be interested. Vice Mayor Capretta indicated the Village had tried to sponsor a student for acivics/government event in the past, which did not work out, but this was a good idea and he recommended contacting the high school. Katharine Basquill agreed to contact someone at Jupiter High School who would know if any students there might be interested. Mayor Genco indicated the total cost would probably be approximately $500; and the Council agreed to see if anyone was interested. Mayor Genco asked if the Council wanted to make Martin Luther King day another holiday. • MOTION: Councilmember Dalack moved to have the Village officially recognize this Federal holiday and to give Martin Luther King Day as another paid holiday for the employees from this date forward or until decided otherwise. Motion died for lack of a second Mayor Genco advised that Village Manager Couzzo had been with the Village for more than a year and it was time for the Village Council to address his review and contract negotiations, and requested this item be added to the next agenda. Mayor Genco indicated she would ask Human Resources Specialist Kim Bodinizzo to provide backup data and comparative information and that the contract should be reviewed by the Village Attorney to see if anything needed to be changed. Vice Mayor Capretta commented that when performance and merit increases for the Village Manager were considered, objectives should be given for him to achieve as well as supervising the employees. Vice Mayor explained in the past each Councilmember had provided 2-3 items they wanted to see accomplished during the next year, and the top five chosen. Mayor Genco commented the Village Manager had been given eleven priorities for this past year, and she would ask Ms. Bodinizzo to prepare a spreadsheet so that Village Council Meeting Minutes January io, 2002 Page 2'] ----------------------- each Councilmember could rate him on a scale of 1-10 as to how he had performed in achieving those objectives. Mayor Genco stated that the Village Attorney would review the Village Manager's contract and make suggestions, so that at the next Council meeting there could be a determination of what would be reviewed and the amount of salary. Mayor Genco recommended that the objectives be set by the newly elected Council after the election. Mayor Genco requested that the Councilmembers call Ms. Bodinizzo with any suggestions, and that Ms. Bodinizzo would send out a packet to each Councilmember with information on this matter before the next Council meeting, when it would be on the agenda. Councilmember Dalack requested that the Council reconsider the issue of • recognizing Martin Luther King Day along with the rest of the country. Councilmember Dalack commented this was not political correctness, but recognition of a human being who accomplished a lot of things. Mayor Genco asked to look at other municipalities to see what they were being given for holidays. Village Manager Couzzo indicated that could be done but would be a fairly large undertaking Mayor Genco requested the ten municipalities immediately adjacent to Tequesta be polled as to what days they were giving their employees and let the Village Council know, because if everyone else was giving 12 days off and the Village was only giving 11, the Village should be giving 12. Mayor Genco stated she believed this to be an economic issue, not that anyone on the Council did not recognize the holiday. Vice Mayor Capretta commented this had come up every year for the past 14 years and had always been an economic issue, and in negotiations with their unions the Village wanted something fora 12th holiday, which the unions would not give. The Vice Mayor agreed with the Mayor to make a survey of what was being done by other municipalities. Village Manager Couzzo indicated he would be happy to provide a survey but that analysis would occur after the holiday had passed, and the Council might want to consider doing it just for this one holiday until the analysis • was completed, after which they could consider whether to give the holiday on a permanent basis. Mayor Genco responded a motion had been made Village Council Meeting Minutes January io, 2002 Page 28 and died for lack of a second. Councilmember Dalack asked for reconsideration of the motion. Mayor Genco stated it had been asked and answered and it was over and she did not think it was an issue that it was not recognized. Dottie Campbell commented there was no information out about candidacy and requested an ad be placed in the newspaper. Mayor Genco requested an announcement be placed in the newspaper that there were three seats open, the dates for filing, and who to contact. XIV. Adjournment • MOTION: Councilmember Dalack moved that the meeting be adjourned Vice Mayor Capretta seconded the motion, which carried by unanimous 4-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 9:17 p. m. Respectfully submitted, ~~ ti~~ ~ `~ Betty Laur Acting Village Clerk DATE APPROVED: n l_.J