Loading...
HomeMy WebLinkAboutMinutes_Regular_04/12/2001 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 APRIL 12, 2001 r~ • I. II. III. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, April 12, 2001. The meeting was called to order at 7:01 P.M. by Mayor Joseph N. Capretta. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Joseph N. Capretta, Councilmember Basil E. Dalack, Councilmember Geraldine Genco, and Councilmember Sharon walker. Also in attendance were: Village Manager Michael R. Couzzo and Village Attorney John C. Randolph. Absent were Vice Mayor Elizabeth A. Schauer and Assistant Village Manager/Village Clerk Joann Manganiello. A court reporter who was in attendance gave her name as Nancy Howe, employed by Esquire Deposition Services in West Palm Beach, and indicated she was present on behalf of Centex Homes. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Capretta gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. APPROVAL OF AGENDA Councilmember Walker requested item 10 (C), Manager's Report and item 10 (G), Jupiter High School Contribution Recycled Paper • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 SAGE 2 be pulled from the Consent Agenda. Councilmember Walker commented that at the last Village Council meeting she had requested a report to the Village Council and to the public regarding revision of the FEMA flood zone mapping which was not on the agenda, and requested that it be added under Any Other Matters. Councilmember Walker commented she had also requested a report to the Village Council and the public from the Manager regarding the November 1999 mediated sewer agreement between ENCON and the Village, and requested that also be added to the agenda. Councilmember Walker commented that at the last Village Council meeting she had asked for and had received a consensus of Council to consider a report by her, which she drafted and faxed to the Manager's office on March 12, 2001, with regard to Phase I and Phase II residents who had been impacted by drainage easement work. Councilmember Walker indicated she • had twelve other items to add under Any Other Matters. Mayor Capretta commented that adding 16 items under Any Other Matters seemed unreasonable. Councilmember Walker listed the following items which she indicated she would like to add: the status on the YMCA summer camp from the Village Manager; information regarding two Village Council workshops for April 28 and May 2 for which she had received no notice and no one had called her for dates; North Palm Beach Traffic Summit; a request for the Village Council to consider for next month's meeting a presentation by Frank Harris, former Mayor of Juno Beach, now Chair of the Board of Trustees for Loggerhead Park Marine Life Center for Juno Beach; discussion of the incorrect colors on the new Alterra signage; and Village Council consideration of a February 26, 2001 Red Cross letter to be added to the May agenda. Councilmember Dalack commented that the policy was that matters could not be discussed if they were not on the agenda, and that matters that a Village Councilmember wanted to address could be for the next meeting. Councilmember Walker commented that two of the items she had asked for were to be added to the next agenda and the th f h i o ers were reports rom t e V llage Manager, except one, which was that she make a report. Village Attorney • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 3 Randolph clarified that two of the items requested by Councilmember Walker were to request they be put on the agenda for next month, the others were to request reports from the Manager and that she make a report, and it was his recollection that the procedure had been that if there was no objection stated by the Council to the request of a Councilmember to hear a report it would be placed at the end of the agenda, which had been done when Councilmembers had asked for one or two items to be placed at the end of the agenda and there had been no objection stated. However, if a request was made and the Village Council voted not to have it on the agenda, it would not be added. Councilmember Dalack expressed his opinion that it would be appropriate if any report a Councilmember wanted to give could be made in writing rather than orally at a meeting • so that all of the members of the Council and the public could have something in writing. Councilmember Dalack stated he objected to considering any item not on the agenda. Councilmember Walker stated she objected because she was extremely concerned about the status of the YMCA. Mayor Capretta commented Councilmember Walker had requested items to be pulled from the Consent Agenda, which was appropriate, and had requested addition of two items for the next meeting, which was appropriate; and he understood that the balance of the requests were for items for which she felt she had not received answers from the Village Manager. Mayor Capretta expressed his opinion that Councilmember Walker should have met with the Village Manager prior to the meeting to let him answer all her questions because it was obvious she had questions while the rest of the Village Council did not. Councilmember Walker stated it seemed of late that the Village Manager was extremely busy for her. Mayor Capretta indicated he believed Councilmember Walker should put those additional items in writing directed to the Village Manager and ask for answers, and he would direct the Village Manager to • answer her questions in writing within a reasonable amount of time--ten days. Dottie Campbell, a member of the audience, questioned whether the Village Council could over • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 4 ride an item such as 10(G) consideration of a contribution to the Jupiter High School Project Graduation, and why the Village was punishing the young people. Mayor Capretta clarified that Councilmember Walker had not said she was against it, but it was pulled from the Consent Agenda to be discussed. Councilmember Genco commented she had also wished to request items 10 (C ) and 10 (G ) be removed from the Consent Agenda, but Councilmember Walker had already made that request. Councilmember Dalack made a motion to approve the agenda as amended. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Capretta - for • Basil E. Dalack = for Geraldine Genco for Sharon Walker - for The motion was therefore passed and adopted and the Agenda was approved as amended. IV. ACCEPTANCE OF CERTIFICATES OF ELECTION A) Certification of the Results of the Municipal Election Held on March 13, 2001/Certificates of Election Certificates of Election for Basil E. Dalack, who was elected to Seat 2, Tequesta Village Council, and for Russell J. von Frank, who was elected to Seat 4, Tequesta Village Council, were read into the record by Recording Secretary Betty Laur. Councilmember Genco made a motion to accept the certification results. Councilmember Dalack seconded • the motion. The vote on the motion was: Joseph N. Capretta - for • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 5 Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for The motion was therefore passed and adopted. V. OATH OF OFFICE TO INCOMING COUNCILMEMBERS Village Manager Michael R. Couzzo administered the oath of office to newly elected Councilmember Basil E. Dalack and Councilmember Russell J. von Frank. VI. REMARKS OF INCOMING COUNCILMEMBERS • Councilmember Dalack thanked the members of the ACT Committee for their help to both him and Mr. von Frank, and pledged to do his utmost to earn the faith shown in him. Councilmember von Frank thanked his wife for her support, as well as Jim Humpage as President of ACT, and all the members of the action committee. Mr. von Frank stated he and his wife had visited around the Village and he had listened, and would continue to listen, and that his home and telephone were open, and he would not limit the conversations to three minutes. VII. VILLAGE COUNCIL REORGANIZATION A) Election of Council Officers for Ensuing Year At this point, the meeting was conducted by Village Manager Couzzo. 1) Mayor Mayor Joseph N. Capretta nominated Councilmember Geraldine Genco as Mayor for the coming year. Councilmember Dalack seconded • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 6 ----------------------- the motion. The vote on the motion was: Joseph N. Capretta - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for Russell J. von Frank - for The motion was therefore passed and adopted. 2) Vice Mayor Mayor Genco nominated Joseph N. Capretta as Vice Mayor for the coming year. Councilmember Dalack seconded the motion. The vote on the motion was: • Joseph N. Capretta - for Basil E. Dalack - for Geraldine Genco - for Sharon Walker - for Russell J. von Frank - for The motion was therefore passed and adopted. At this point, Village Manager Couzzo turned the meeting over to Mayor Genco. B) Designation of Committee Chair and Co-Chair 1) Finance and Administration Committee 2) Public Safety Committee 3) Public Works Committee 4) Redevelopment Committee Mayor Genco called for a motion to dissolve these committees because she felt the matters discussed at these committee meetings were important for all i the Council to be knowledgeable about and not just two or three Committee members. Mayor Genco VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 7 commented that the Finance and Administration operation was used all the time to make decisions regarding what the Village should do so far as spending, projects, and administrative matters. Mayor Genco stated that all the actions regarding Public Safety, Public Works, and Redevelopment needed to be known by all the Council members and called for a motion to dissolve the committees so that the whole Council could meet and become knowledgeable on these matters rather than just a couple of members. Councilmember von Frank made a motion to eliminate the Finance and Administration Committee, the Public Safety Committee, the Public Works Committee, and the Redevelopment Committee. • Councilmember Dalack seconded the motion. During discussion of the motion, Councilmember Dalack agreed that the matters within the purview of each of these Committees ought to be before the whole Council. Councilmember Walker questioned the origination of the committees and why they were originally established. The Village Attorney responded the Committees were established by the Village Council to deal with the various matters, and he could not remember whether there were formal resolutions adopting the Committees; and if there were he would have to look at those resolutions to see if he needed to bring back anything to effectuate tonight's motion. Village Attorney Randolph indicated he thought there probably had not been resolutions, but that the Village Council had decided to set up the committees. Vice Mayor Capretta commented that the Finance and Administration Committee, Public Works Committee, and Public Safety Committee had been in existence for many, many years, while the Redevelopment Committee was a new concept that was established 5- • 7 years ago when the Village Council had began looking at the downtown area, holding charrettes, VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 8 and conducting studies, and the only advantage of the subcommittees had been that extra meetings on these subjects could be held during the month besides the one or two Village Council meetings. Vice Mayor Capretta expressed his opinion that this was not a bad idea so long as everyone was willing to attend all the meetings, which perhaps could end up being weekly, which could lead to an attendance problem so that many of the meetings might only have two or three present instead of five, or the meetings could be cancelled but then no progress would be made. The Vice Mayor indicated these problems could be overcome and this would probably work, and if he were given a choice on which committee the whole Council should meet on it would be Finance and Administration because of past problems of some Councilmembers not understanding the financial impact of decisions made by that committee. Vice Mayor Capretta commented that the Redevelopment Committee had been meant to be temporary and to only be in existence while the downtown area was being created. Councilmember Walker questioned whether other municipalities had subcommittees, to which the Village Attorney responded that varied from town to town, and usually subcommittees were only composed of two people and could not make decisions, only recommendations, which was what the Village's committees did. The Village Attorney commented that in some towns there were no subcommittees and all work was handled at the Council meetings, and it was really what was desired by each municipality. Mayor Genco commented she had specifically asked the Village Clerk several times both verbally and in writing to provide her with a resolution which had established any committee and stating their objectives and goals, and nothing had been provided, and she had been told that one of the committees was not established by the Village Council but that they had just held a meeting and appointed themselves. Mayor Genco stated that • C] VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 9 perhaps the Village Attorney would have better luck at determining how the committees were established than she had had during the past two years, which was part of the reason why she wanted the committees dissolved, because if it was not known why they were formed and what their objectives were and whether those objectives had been accomplished, it was a moot point. Mayor Genco commented that any items the Council wanted addressed that would have been addressed by a committee could be done by public workshop any time; and she felt that since most major projects had already occurred, any discussions the committees would have had from hence forward should be discussed with as many Councilmembers as possible. Vice Mayor Capretta suggested the Mayor direct the Village Manager to have the Village Manager and the Finance Director hold a small seminar on how the finance system in the Village works at the first and possibly the second meeting regarding finances, because it was sometimes very difficult for new Councilmembers to understand the different sources of money, the flow, and how it was used, and there had been misunderstandings in the past. Mayor Genco indicated a public workshop would be held toward the end of May to bring everyone up to date on the status of the Village and how the budget was handled, and to answer all the questions everyone had had for a long time. The motion carried by unanimous 5-0 vote. C) Designation of Representatives Village Councilmembers and to Various Governmental Assemblies 1) Palm Beach 2) Loxahatchee 3) Palm Beach Council 4) Loxahatchee Council County League of Cities Council of Governments Countywide Beaches and Shores 5) Palm Beach River Management Coordinating Countywide Intergovernmental • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 10 Coordination Program 6) NAMAC - Police 7) NAMAC - Fire 8) JTJB Chamber of Commerce Trustee 9) Eastward Ho Mayor Genco commented that the Councilmembers had not had sufficient time to review the information regarding what each of these groups did in order to determine where they wished to serve, and therefore requested postponement of designation of the Village Councilmembers to these committees until the next Village Council meeting. Councilmember Walker noted three of the committees met monthly and would meet again before the next Council meeting, and asked if the Village was required to be represented. Mayor • Genco responded that the current committee members would attend until new representatives were appointed. Councilmember von Frank made a motion to postpone designation of Village Councilmembers and Representatives to the various Governmental Assemblies until the next month's Village Council meeting. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. VIII. APPOINTMENT OF VILLAGE OFFICERS A) Consideration of Michael R. Couzzo, Jr. as Village Manager Vice Mayor Capretta made a motion to appoint Michael R. Couzzo, Jr. as Village Manager for the coming year. Councilmember von Frank seconded the motion. The vote on the motion was: Joseph N. Capretta - for Basil E. Dalack - for • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 11 Geraldine Genco - for Sharon Walker - against Russell J. von Frank - for The motion was therefore passed and adopted. B) Consideration of Separation Agreement and Release Made and Entered Into By and Between Joann Manganiello, Assistant Village Manager/Village Clerk and the Village of Tequesta. Mayor Genco commented consideration should be limited to the agreement itself and there should be no further discussion of the individual. Councilmember Walker pointed out an item under Article I of the agreement that according to the Village employee . handbook employee will receive 40 0 of sick leave, and questioned the amount of accumulated sick leave in this case. Village Manager Couzzo responded the amount of sick leave had been calculated by the Finance Department which he believed to be in the neighborhood of 700+ hours, although he did not have the figures in front of him. Councilmember Dalack made a motion to approve the Separation Agreement and Release Made and Entered Into By and Between Joann Manganiello, Assistant Village Manager/Village Clerk and the Village of Tequesta. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. C) Consideration of Joann Manganiello as Village Clerk Village Manager Couzzo indicated he had discussed this matter with Village Attorney Randolph and with Betty Laur, who had indicated she would be willing to fill in as Acting Village Clerk while the Village searched for a clerk. Councilmember Dalack made a motion to appoint Betty • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 12 Laur as temporary Acting Village Clerk. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. Councilmember Walker noted Joann Manganiello had not been considered as Village Clerk under item C, to which Mayor Genco responded item B was a resignation by Ms . Manganiello from her position as Assistant Village Manager/Village Clerk, which took precedent, and that item C was therefore a typo and should have just read appointment of Village Clerk. Councilmember Walker requested and received clarification from Mayor Genco that item C should have read, Consideration of Ms. Laur as Interim Village Clerk, and asked the Village Manager to correct the agenda. Village Attorney Randolph advised that the agenda was correct since the separation agreement had not been in effect when the agenda was written, that the item was still for consideration of Village Clerk, not for consideration of Ms. Laur as Temporary Village Clerk, and that the action taken had been appropriate, and the agenda should be just Appointment of Village Clerk. IX. PRESENTATIONS AND PROCLAMATIONS A) Lighthouse Center for the Arts - Margaret C. Inserra, Executive Director 1. Consideration of Contribution from the Village of Tequesta to the Lighthouse Center for the Arts Margaret Inserra, Executive Director, provided a history of Lighthouse Center for the Arts, which was 35 years old. Ms. Inserra noted that the Village had provided financial support in the past in the amount of $5,000, for which the Center was very grateful. • Ms. Inserra commented that at the time Village Manager Bradford had left the Village he had made it • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 13 clear that since Coastal Players had left the Village there was an opportunity to either add the $5,000 which had been given to them in the past to the $5,000 donation to Lighthouse Center for the Arts, making the donation to them $10,000; or for the Village and Lighthouse Center for the Arts to agree to spend the $5,000 for a study into the assessment of needs of the community in northern Palm Beach and southern Martin County. Ms. Inserra stated she had agreed to the research, and Mr. Bradford had indicated the possibility of allocating $10,000 to Lighthouse Center for the Arts as a line item in the budget in future years. Ms. Inserra indicated there had been a great increase in the number of visitors since she started four years ago, and that the more well-known artists attracted larger numbers of • visitors. Including visitors to the recent Andrew Wyeth and Stephen Scott Young exhibition, there had been over 13,000 documented visitors to the Center. Ms. Inserra explained the many activities of the Center since the beginning of the year, and the programs and exhibits offered to the community. Mayor Genco questioned whether the Center planned to do anything with the YMCA, to which Ms. Inserra responded that the Center had recently hired a Curator of Education and a School of Art Coordinator, and that both had worked in intercities and were able to structure programs that were governmentally friendly as well as cost effective in meeting different needs, which should work well with the YMCA's goals. Mayor Genco indicated she understood Ms. Inserra was requesting a $10,000 donation; however, there might not be $10,000 in the current budget. The Village Manager commented the original budget for this year had been $11,000 and after expenditures to date there was a balance of $9,950. Councilmember Walker noted there was an item on • tonight's agenda to consider a donation to Habitat for Humanity Ms. Inserra commented that when Habitat • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 14 for Humanity opened a new home, gifts of art were given from Lighthouse Center for the Arts so that the children would have art for their walls. Mayor Genco indicated the Village would definitely make a donation and that it could be considered at the next meeting of the Village Council, and she would like the Village to consider adding the donation to Lighthouse Center for the Arts as a budget item. Councilmember von Frank made a motion to add Consideration of a Donation to Lighthouse Center for the Arts to the agenda for the May 2001 Village Council meeting. Councilmember Walker seconded the motion, which carried by unanimous 5-0 vote. B) Proclamation Proclaiming the Week of April 16-22, 2001, as Community Development Week in the Village of Tequesta. Acting Village Clerk Betty Laur read the Proclamation title into the record. Mayor Genco asked if anyone was opposed to adopting the proclamation. No one indicated they were opposed. Mayor Genco announced that the Village Council was adopting the Proclamation. X) CONSENT AGENDA Village Attorney Randolph read the following items on the Consent Agenda: A) Approval of Village Council Workshop Meeting Minutes, February 26, 2001. B) Approval of Village Council Meeting Minutes, March 8, • 2001. • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 15 D) Resolution No. 36-00/Ol. A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Water Service Agreement Between Tequesta Communities, L.L.C. (Tequesta Terrace) and the Village of Tequesta Utilities Department, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. E) Resolution No. 37-00/Ol - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Water Service Agreement Between Centex Homes and the Village of Tequesta Utilities Department, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. F) Resolution No. 38-00/O1 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Water Service Agreement Between D.V.B. Development Corporation and the Village of Tequesta Utilities Department, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Councilmember von Frank made a motion to approve the Consent Agenda as read by Village Attorney Randolph. Vice Mayor Capretta seconded the motion, which carried by unanimous 5-0 vote. C) Approval of Village Manager's Report, March 5 - April 6, 2001. Councilmember Walker indicated she had requested this item be pulled from the Consent Agenda, and noted that on page 16 the Manager reported he attended the • Saturday session of the Northern Palm Beach County Summit Meeting. village Manager Couzzo indicated that • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 16 was a typo, and he had attended the Friday morning session but did not attend the Friday afternoon session or the Saturday morning session. Councilmember Walker questioned on page 17, item 8, if a one-minute summary could be provided by the Village Manager of the meeting on April 3 with Gary Preston regarding recreational matters. The Village Manager reported that he and Mr. Preston had spoken after the last Public Works Committee meeting and had agreed it might be beneficial to provide to the Village Council a proposal from the YMCA to provide the summer program and the after school program, and to supplement additional recreation needs with a full-time in-house staff individual. Village Manager Couzzo explained that Mr. Preston had received the proposal from the YMCA to perform those services and • that Mr. Preston had provided an update on costs for the Village to provide the additional services. The Village Manager commented it was staff's intent to bring this before the Council at the next Special Village Council meeting. Councilmember Walker questioned when the next special meeting would be held, to which Mr. Couzzo responded that it would be discussed later in this meeting for a special meeting to be held in the next week or two. Councilmember Walker requested and received clarification from the Village Manager that the discussion would also take into consideration the newspaper ads for the last couple of weeks for the YMCA Summer Camp in Tequesta. Councilmember Walker made a motion to approve the Village Manager's Report, March 5 - April 6, 2001. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. G) Consideration of Contribution of $1,000 from the Village of Tequesta to Jupiter High School Project Graduation. • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 17 Councilmember Walker indicated she had pulled this item from the Consent Agenda because she had been concerned about the date of the letter from Jupiter High School being November 17, 2000. Village Manager Couzzo explained that the letter had just been received and he had spoken with the high school during the past two weeks, so the school had evidently just not updated the date on their letter. Councilmember Walker made a motion to approve a contribution of $1,000 from the Village of Tequesta to Jupiter High School Project Graduation. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. • XI. COMMUNICATIONS FROM CITIZENS Vi Laamanen, Palmetto Way, commented that about a year ago BellSouth had asked permission to install their facility on the south side of Tequesta Drive approximately 300' west of the Presbyterian Church driveway, and had promised to provide landscaping, which had not been done. Mayor Genco requested that the Village Manager look into this matter. Mrs. Laamanen commented regarding cancelling the committee structure that she was not qualified to judge what committees the Village should have, but thought that where personnel was concerned there should be committee structure because it would be very difficult for the whole Council to go into extensive salary negotiations in addition to their other workload. Ms. Laamanen noted committee structure had worked very well for many years in a lot of communities and was generally enacted by the Village Council year to year, and one motion at inception was not forever, and the committee structures might change from year to year. Ms. Laamanen asked that the Village Council look into those committee structures that require salary • negotiations. • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 18 Jean Brown and Charlie FisherL Tequesta residents and Co- chairmen of the American Cancer Society Relay for Life which honors cancer survivors and the memory of those who died, extended an invitation to Mayor Genco to participate with the Mayors of Jupiter and Juno Beach in the opening ceremony for the relay on Friday night at Roger Dean Stadium. Mr. Fisher and Ms. Brown distributed relay T- shirts to the Councilmembers, Village Manager, and Village Attorney. All were welcomed to participate in the activities. Richard Berube, 4 Country Club Circle, read into the record a letter from resident Pert Town, which has been made a part of these minutes and attached as Exhibit A, in regard to problems with the construction of the Phase 2 water lines. Mayor Genco noted that Village Manager Couzzo and • Richard Dent of ENCON had already addressed these concerns. Dottie Campbell, 4 Tradewinds Circle, commented she had been an election worker in Precinct 2 previously and in Precinct 14 for approximately 30 years. Ms Campbell noted that 75% of the elections were under the auspices of the County Supervisor of Elections, and the other 25o,those two held in alternate years in March, were under the jurisdiction of the Village Clerk. Ms. Campbell noted that the most recent election had been under the jurisdiction of the Village Clerk. Ms. Campbell indicated the poll workers wished to suggest holding a workshop during the of f season to better coordinate the regulations that exist in the Charter and other Resolutions to be more compatible and uniform with those of the County, in order to make it much easier for the candidates, poll workers, and the citizens. Ms. Campbell requested that three poll workers from Precinct 14 and one poll worker from Precinct 2 be allowed to present at a casual workshop those things they believed would be helpful. Mayor Genco indicated that a workshop would be considered when a Village Clerk was in place, and • could be placed on the agenda at that time. Ms. Campbell requested the workshop be held first. Mayor Genco asked • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 19 if Ms. Campbell would like to chair the workshop, to which Ms. Campbell responded any ad hoc committee was fine. XII. NEW BUSINESS A) Consideration of Approval of the Village Manager's Proposed Appointment of Jeffrey Newell, Director of Community Development, Pursuant to Section 3.02(7) of the Village Charter. Village Manager Couzzo reported that on March 27, 2001, he had prepared a recommendation for the appointment of Mr. Newell as the new Director of Community Development for the Village. The Village Manager reported Mr. Newell had extensive experience • in planning, building, and zoning; was a certified Building Official; and had been a Village Manager. Mr. Newell thanked the Village Council for their consideration, complimented the Village staff, and indicated he was looking forward to the challenges of the position. Councilmember Walker questioned whether Mr. Newell would be moving from Clewiston, and he indicated he would be living in or close to Tequesta. Councilmember von Frank made a motion to approve the Village Manager's Proposed Appointment of Jeffrey Newell, Director of Community Development, Pursuant to Section 3.02(7) of the Village Charter. Vice Mayor Capretta seconded the motion, which carried by unanimous 4-0 vote, with Mr. Dalack being out of the room. B) Resolution No. 39-00/O1 - A Resolution of the Village of Tequesta Certifying that the Lighthouse Habitat for Humanity Program Operating in the Village of Tequesta is Consistent with the Comprehensive Plan and the Development Regulations of the Village, enabling Lighthouse Habitat for Humanity to • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 20 Participate in the State of Florida Community Improvement Act of 1980; Providing an Effective Date. Mayor Genco read Resolution No. 39-00/O1 by title. Councilmember Dalack made a motion to adopt Resolution No. 39-00/O1. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. C) Consideration of Donation from Village of Tequesta to Habitat for Humanity. Councilmember Walker indicated this item had not been in her agenda book, and therefore referred to a letter from Habitat for Humanity from the last • Council meeting and asked the Village Council to consider a donation of $1,000 to this organization. Mayor Genco commented she had requested financial information on Habitat for Humanity and thought that it had not been received, which might be why the item had not been included in the agenda packets. Councilmember Walker made a motion to donate $1,000 to Habitat for Humanity. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. D) Ordinance - First Reading - An Ordinance of the Village Council of the Village of Tequesta Florida, Amending Ordinance Number 355, As Amended, the Comprehensive Zoning Ordinance of the Village, at Section X, Supplemental Regulations, at Paragraph (f) Relating to Wireless Telecommunication Towers and Antennas; Providing for Severability; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an Effective Date. • The Ordinance was read by Village Attorney Randolph on First Reading by title only. • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 21 Village Manager Couzzo explained that this item had been before the Village Council at their last meeting, and that the Board of Directors of 100 Beach Road Condominium Association had agreed to install an antenna and communication system for the Fire and Police Departments, which the Village's Ordinance would have prohibited. Therefore, the Village Attorney had made the necessary changes to the Ordinance and adoption of this amendment to the Ordinance would allow adoption of Resolution No. 28- 00/01. Councilmember L7alack made a motion to adapt the abo~< ~7rdinance as amended. Councilmember von F"z:°aa~k seconded the motion, whiclx carried by unanimous a-~0 vote. E) Resolution No. 28-00/O1, A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Lease Agreement with Ocean Towers South Condominium, 100 Beach Road, Tequesta, Florida, for the Placement of Fire and Police Department Radio Communications Equipment and Antennas at Ocean Towers South Condominium, and Authorizing the Village Manager to Execute the Applicable Agreement on Behalf of the Village. Village Attorney Randolph read Resolution No. 28- 00/01 by title. Councilmember von Frank made a motion to adopt Resolution No. 28-00/O1. Councilmember Dalack seconded the motion, which carried by unanimous 5-0 vote. F) Resolution No. 29-00/O1, A Resolution of the Village Council of the Village of Tequesta, Palm Beach • County, Florida, Approving a Proposal from Radiotronics, Inc., of Jupiter, Florida, for Moving • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 22 Fire and Police Department Radios and Antennas to Ocean Towers South Condominium, in the Amount of $25,400.00 and a Proposal from William J. Murphy, General Contractor, Inc., of Hobe Sound, Florida, for Site Work Required for Communications Equipment Move in the Amount of $2,522.00, with Funds Being Appropriated from the General Fund, General Government Temporary Facilities Account, Having a FY2000/2001 Budget Allocation of $50,00000, and Authorizing the Village Manager to Execute the Applicable Contract on Behalf of the Village. Village Attorney Randolph read Resolution No. 29- 00/01. Councilmember von Frank made a motion to adopt . Resolution No. 29-00/O1. Vice Mayor Capretta seconded the motion. Councilmember von Frank complimented the Village Manager for working out this deal which allowed placement of the antennas with no charge to the Village. Village Manager Couzzo gave credit to the Fire Chief and Police Chief. Motion carried by unanimous 5-0 vote. G) Consideration of Date, Time, and Place for Special Village Council Meeting Regarding the Agreement Between the Village of Tequesta and JMZ Tequesta Properties, Inc. Mayor Genco commented that the purpose of this meeting would be to discuss the ongoing circumstances of the Village's agreement with JMZ Tequesta Properties, Inc. Mayor Genco explained that Mr. Zuccarelli had some propositions he wished the Village to consider, and the Village would also have to consider the execution of the sale document which Mr. Zuccarelli had been told the Village would like to have executed. Mayor Genco expressed her opinion • that Mr. Zuccarelli was in breach of his contract by failing to close on the property once the Village had • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 23 exercised their right. Mayor Genco stated everyone had brought their calendars, to which Councilmember Walker responded she had not and had had no instructions to do so. Councilmember Walker indicated she had nothing in her packet on this and asked if the Mayor was referring to the March 20 letter from Mr. Zuccarelli to Mr. Couzzo requesting a closing date. Mayor Genco indicated that was not what she was referring to, and that previous communications to the Council indicated Mr. Zuccarelli had refused to close and he was asking the Council to consider a proposition to extend the current situation, but that was not the purpose of tonight's agenda item which was only to consider a date, time and place. Councilmember Walker requested information on this matter prior to that meeting. Village Attorney • Randolph indicated that Councilmember Walker could have any backup material, and that no one had had that backup in their packets. Discussion ensued regarding a date when Village Attorney Randolph would be available for a meeting, and it was suggested adding this item to the meeting scheduled for April 28. Councilmember Walker indicated she had not been informed of the meeting scheduled for April 28 and would be out of town for a meeting scheduled for her by the Manager's Office covering the topic of Elected Municipal Officials Part Two. It was noted by Mayor Genco that the Village Council Workshop meeting scheduled for May 2 as noted at the end of the agenda had been cancelled. Mayor Genco asked that the Village Manager work with one of the Administrative Assistants to come up with a date during the next two weeks for a meeting, and to provide public notice as soon as a date was decided. Mayor Genco asked that this agenda item be withdrawn. • XIII. ANY OTHER MATTERS • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 24 Mayor Genco commented regarding the FEMA mapping brought up by Councilmember Walker that she believed Marty Hodgkins of Duncan Associates had been apprised of the deficiency and that it had been addressed. Councilmember Walker commented she had requested last month a report to the Council and the public on the revision of the FEMA flood maps because so much of Tequesta was in a flood zone and residents' insurance rates could be affected. Village Manager Couzzo indicated there was a report from him in the packets dated April 4, and apologized since it had been his understanding that the report had been requested for the Council only and not the public. Mr. Couzzo explained that the report incorporated an update by Jack Horniman, JLH Associates, the Village's Planning Consultant, and notes by Mr. Horniman regarding the deficiencies which had been • forwarded to the County. Mr. Couzzo commented that the Village would continue to work with the County to insure that the residents were the beneficiaries of the best flood rates. Mayor Genco commented that the next item, which was brought up by Councilmember Walker, was regarding ENCON and she had noticed correspondence from Richard Dent and a letter from Richard Walker stating there was an attachment, which had not been included in the packet. Councilmember Walker verified that had not been in her packet and Richard Dent' s proposal to his Board had not been in her packet either. Mayor Genco indicated she would like to see the proposal by Richard Walker and would like to table this until the next meeting when the material was available. Councilmember Walker commented that she did not know who Richard Walker was, but at the time she had been a member of the mediation panel, she and Mr. Dent had come up with a draft action strategy plan for consideration by Tequesta dated May 23, 2000, which should be part of the Village Manager's files. Councilmember Walker agreed with Mayor Genco it was not a well-rounded report to consider at this • time; however, it had been before the Council on and off since November 1999 and given the amount of work being done • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 25 on the peninsula and given that a portion of the agreement had been for both ENCON and Tequesta to address public education, she requested once again that the Village begin to comply with their commitment. Mayor Genco requested that the Council get all the material and that this item be put on the agenda for next month and that an action strategy be built up. It was clarified that the references to Richard Walker should have been Steve Walker. Councilmember Walker commented that the next item was a request from last month when the Council had agreed to consider some type of acknowledgment to those residents on the Tequesta peninsula who had been impacted by the stormwater improvements. Mayor Genco commented that when the item was discussed, the Village Attorney had said that it would be setting a precedent to compensate someone in the manner originally suggested by Councilmember Walker, so the Village Council had determined not to proceed further; however, it was her opinion that when the sewer project was completed it might be appropriate for the Village to have trees or shrubs that people could come and get to replace plants that had been torn out. Councilmember Walker commented that was exactly what she had suggested in her March 12 memo to the Village Council. Mayor Genco commented that compensation was suggested at that time which was why this matter did not go any further. Councilmember Walker indicated that was not what happened, and that she had actually got a consensus from the Village Council to discuss it tonight, and she had followed up with a March 12 memo to Council and to Mr. Couzzo, and asked if she should again request Council consideration of this item for the May meeting. Mayor Genco stated no, and that when the sewer project and the road work were finished, Public Works would coordinate and obtain tree and plant materials and offer them to the homeowners via notice in Smoke Signals. Councilmember Walker agreed, and asked whether this required Council action or acknowledgment. Mayor • Genco indicated the Council could direct the Public Works Department to do an appropriation and she thought possibly • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 26 a sum of $2,000 might be appropriate. Councilmember Walker stated she did not go that far in her memo, but had just said the Village could either send a thank you letter or could, through the Public Works Department, purchase at wholesale prices some plant materials that would be useable in residential settings and had made some suggestions regarding offering a set number of plants to residents on a first come, first serve basis; and commented it was fine if the Council wished to table this until next year where the project was complete. Vice Mayor Capretta suggested when Phase 1 was completed in a couple of months and the Village still had money they had held back from Ric-Man because he had done a poor job, an audit should be held to see what could be done to get him to properly complete the job as much as possible, which might be June or July; then have Mr. Preston look at the whole area for areas the . Village was ashamed of what had happened and come back to the Village Council with a proposal to fix those things. Vice Mayor Capretta suggested doing the same thing when Phase 2 was completed. Mayor Genco directed the Public Works Department to do an assessment when the projects were completed and bring a plan to the Village Council to mitigate the damages. Cerese Colbert, Property Manager at Gallery Square North, congratulated new Councilmember von Frank and Mayor Genco, and indicated when she had been Village Clerk approximately 15 years ago there had been a item in the Charter that prohibited Council from hindering the workings of the Village, which she would like to see revisited. Village Attorney Randolph indicated that would be covered during the workshop when he addressed the Sunshine Law at the Saturday morning workshop. Mayor Genco noted that Saturday morning workshop scheduled for April 28 had been cancelled. Ms. Colbert indicated she had noticed a lot of correspondence from one particular Councilmember, which tied up the Village Manager from doing his job. Ms. • Colbert thanked Mr. Couzzo for opening the Village to the sunshine again. Ms. Colbert stated if all of Council VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 27 really wanted to work for the betterment of the Village she would like to see that from all Councilmembers. Mayor Genco commented the next item was a status report on the YMCA. Councilmember Walker responded no, that all of the rest of her requests were stricken, which was one reason Ms. Colbert saw so much correspondence from her. Dottie Campbell asked how correspondence worked and whether Councilmembers were allowed to write anything they wanted on Village stationery. Mayor Genco responded no, that in anything Councilmembers did they were acting as agents of the Village, and had to do so based on the Council approving them taking that action or representing that fact, and the same thing was true when dealing with administrative staff. Mayor Genco explained that the Charter clearly said the Village Council was not to deal with administrative staff but was to go through the Village Manager, and was only to request administrative facts similar to what a resident would request through the Sunshine Act, and Councilmembers were not allowed to direct Mr. Couzzo or any Village employee as individuals to accomplish any objective unless the Council as a body had taken that on as their business to do so. Mayor Genco noted that a workshop scheduled for April 28 had been rescheduled twice because two Councilmembers were unavailable, and she was very disappointed this meeting could not be held on April 28 because Mr. von Frank could have used the instruction and she could have used a refresher. Village Attorney Randolph questioned if the Saturday, April 28, workshop was not going to be held. Mayor Genco responded that it was her understanding Councilmember Walker was not available and she had not been told about the meeting. Mayor Genco commented it had been suggested using that meeting as an alternate for the JMZ discussion, but Mrs. Walker wanted to attend. Mayor Genco stated that she as a Councilmember and Mayor would do everything possible to accommodate everyone's schedule, • whether they were retired, working, or otherwise. Mayor Genco suggested that both the workshop on the Sunshine Law • VILLAGE COUNCIL MEETING MINUTES April 12, 2001 PAGE 28 and Village Charter and the JMZ discussion could be held at the same meeting. Mayor Genco stated she was honored to have this opportunity to be Mayor. Councilmember Walker commented she had requested Council consideration of a presentation during the May Council Meeting by former Juno Beach Mayor Frank Harris, who was now Chair of the Board of Trustees of the Marine Life Center of Juno Beach, to educate those present regarding what the Marine Life Center did and possibly to request a donation. There were no objections to scheduling this as a presentation. Mayor Genco stated this would be on the May agenda under New Business as a presentation. • IX. ADJOURNMENT Councilmember Dalack moved that the meeting be adjourned. Councilmember von Frank seconded the motion, which carried by unanimous 5-0 vote. The motion was therefore passed and adopted and the meeting was adjourned at 8:49 p.m. Respectfully submitted, ~~~~ ~ ~, `~a.~`'`~ Betty Laur Acting Village Clerk DATE APPROVED: I~ L' 05/24/2001 14:18 5617485339 TO. The Honorable Betty Lauer acting Village Clerk yrom; Sa9.i1 Dalacl~ D[ay 24, 2001 re: abstention from votinq DALACK PAGE 01 Pur9uant to §112.3143, Florida Statutes (2000), i herebg state that at the regular Village Council meeting of l~laY 10, 2000, I abstained from votinq an the question of the Village's contributing ~7,OOp to the Lighthouse Center £or the 11xts fxom an abundance of caution_ a v~ate in favor might be constru-e+d as a financial benefit to my rife, Claudette nalack, who, as at member of the faculty of the iighthouae Center for the arts, receives a syaall salary from the Center. accordingly, because of the appearance of a conflict of interest, T abstained from votinq on the measure_ cam....}, .... z 1 9~ 11 w 1 ,..e..,,. reo ~-ha~ t-hi a +~~randum be