VILLAGE OFLAZYLAKE MEETING MINUTES TUESDAY,APRIL 16, 2019 6:301 P.M. 2201 WILTON DRIVE, WILTON MANORS, FLORIDA Village Council Present Mayor Evan Anthony Council Member John Boisseau Council Member Sally Boisseau Council Member Ray Nyhuis Council Member Patrick Kaufman Council Member Carlton Kirby Also in Attendance Donald Lunny, Esquire Lisa Tayar/Prototype Richard Willard, Resident Roll Call Absent 1. present. The meeting was called to order by Mayor Evan Anthony at 6:37 p.m. It was determined a quorum was Mr. Lunny addressed the Council regarding several issues ofimportance, specifically OIG inquiries into the appointments of Council members, as well as the OIG asking for certain information concerning With regard to the appointments issues, Mr. Lunny noted that the material the Mayor Meeting Minutes the Mayor supplied tot the OIGindicated that John and Sally Boisseau's: appointment in May of2018 was effective to the next general election in November of 2018; whereas, subsequent appointments in 2018 were made to the "next general election" without specifying a Month. This created a need to review the State Constitutional provisions, the law before and after the Municipal Home Rule Act, the Village Charter and State Archival Indices concerning whether same was reflected as being amended; Special Acts of the Florida Legislature that apply to municipal elections in Broward, and ai review oft the Village records concerning its Ordinance enactments. While this investigation is not complete, it would appear that the provisions in the Village's Original Charter for elections every other year for all of the Village's elected officials remain in effect and have not been changed. Moreover, it would appear that none ofthe persons serving as elected officials in the election qualifying time frame of. January 2018 completed all ofthe necessary qualification papers to1 runi for Office for thei term commencing inl March 2018 and ending inl March 2020. As thei review ofthis matter has not been completed, Mr. Lunny stated that he was unable to conclude whether the persons serving in office had the authority to continue serving in this regard. He further advised that hel had spoken with. John Way oft the Broward SOE who indicated it was unlikely that his office could conduct a special election this year given the workload they have to finish for the 2020 Village procedures. election cycle. Village ofLazy Lake Minutes April 16, 20191 Meeting Page 2 The Council may: 1) conduct no further business until the issues are resolved, or 2) continue to try to comply with current rules and regulations pending the outcome of Mr. Lunny's investigation and determination and recommendations regarding the continuing authority of the current elected officials. Mayor. Anthony and the Council Members concurred that continue the day-to-day business ofthe Village, withholding decisions on otheri items, be continued pending further information from Mr. Lunny. Itn may be necessary to request an Opinion oft the Florida Attorney General. 2. Approval of Meeting Minutes March 19, 20191 Regular Meeting Mr. Lunny suggested two changes to the minutes to better accurately reflect his comments made at the Motion made by Council Member Nyhuis, seconded by Council Member J. Boisseau, to approve the minutes ofthe March 19, 2019 meeting as amended. In a voice vote, the motion passed unanimously. meeting. 3. Consent Agenda - ratification of payments made for the following invoices: Prototype invoice #19-0157 dated 4/12/19 in the amount of$501.25 Motion made by Council Member Nyhuis, seconded by Council Member J. Boisseau, to approve the consent agenda. In a voice vote, the motion passed unanimously. 4. 4.1 New Business Payment of] Broward County Environmental Protection and Growth Management (Inspections and Permitting) Invoice #EL10000564 in the amount of$1,846.52 Mayor Anthony reported that this invoice is for calls made to Code Enforcement involving issues regarding two residents, indicating that he would like to further look into the charges on the invoice Motion made by Council Member S. Boisseau, seconded by Council Member Kaufman, to defer this before it is paid. item to the next meeting. In a voice vote, the motion passed unanimously. 4.2 Guardrail for Lazy Lane Three bids have been received for this project; no section has yet been made. The guardrail will begin on Lazy Lane and continue 150: feet on both sides, with driveway breakaways. Split rail was suggested Motion made by Council Member Nyhuis, seconded by Council Member Kaufman, to defer this item to for easy removal when necessary. the next meeting. In a voice vote, the motion passed unanimously. Village ofLazy Lake Minutes April 16, 2019 Meeting Page 3 5. Old Business Mayor Anthony indicated he agreed with the proposal to have the workshop as discussed at the previous meeting, although Council Member Nyhuis expressed concern over taking such a big step. In response, Mr. Lunny stated the workshop would be an opportunity for public input allowing the community to express their opinions with regard toj possible annexation to Wilton Manors. 5.1 Resolution to Schedule Workshop Meeting Outside of Village. The title of the Resolution A RESOLUTION PERTAINING TO THE SUBJECT OF VILLAGE OF A SPECIAL LAZY LAKE COUNCIL MEETING; AUTHORIZING SUCH SPECIAL VILLAGE COUNCIL MEETING BEING HELD OUTSIDE OF THE VILLAGE'S TERRITORIAL LIMITS; PROVIDING FINDINGS; PROVIDING FOR THE PURPOSE OF THE SPECIAL MEETING; PROVIDING A SAVINGS CLAUSE; ANDI PROVIDING AN EFFECTIVEDATETHEREFOR. was read into the record by Mr. Lunny: Motion made by Council Member Kaufman, seconded by Council Member J. Boisseau, to adopt the Resolution to schedule workshop meeting outside of Village. In a voice vote, the motion passed The workshop was then scheduled for April 23, 2019 at 6:30 at Hagen Park, 2020 Wilton Drive, Wilton unanimously. Manors, Florida. 5.2 2019 Broward County Emergency Management Hurricane Exercise 5/19/19 Motion made by Council Member J. Boisseau, seconded by Council Member Nyhuis, to deferi item 5.2. In a voice vote, the motion passed unanimously. 5.3 Village Website status Website cost information was provided fori the Village to create and maintain a Website. After discussion, it was determined that at this time, the Village will endeavor to meet the 2018 new County Charter requirement for website positing by coordinating with the County the uploading of Meeting information Motion made by Council Member Nyhuis, seconded by Council Member Kaufman, to defer item 5.3. In ont the Broward County website. avoice vote, the motion passed unanimously. Village Council Comments 6. Mr. Lunny reported on the status oft the following matters: Village ofLazy Lake Minutes April 16, 2019 Meeting Page 4 Mr. Lunny had been authorized to prepare an easement authorizing the Village to go onto the land for the purpose of repairing streetlights. The process recommended, in order to avoid significant cost, will include: 1) production of a survey by each resident including the legal description; 2) a legal opinion after examination of title to each property to determine authorized parties for document execution; 3) sign-offby Mr. Lunny as council for the Village; and 4) recording oft the easement. It will be necessary in the future fora Resolution to be adopted in this regard. All documents are ready for further consideration when appropriate. After examination oft the plat by Mr. Lunny, he was unable to conclude that the property is in the public Upon questioning by Council Member Nyhuis whether this entire procedure is necessary, Mr. Lunny explained there are other considerations such as 1) the lights being public or private; 2) once the light is installed it will be aj public asset, but would be able to be removed by a subsequent owner; and 3) there right-of-way versus private property. may bel liability issues. The OIG continues to look for processes and procedures to include public noticing of meetings and the agenda, pertinent language ont the agendas, and Mr. Lunny recommended adopting of a resolution specifically stating the meeting schedule and location, and other procedures sO that the Village can show the OIG that procedures have been adopted as requested. Compliance further includes meeting signage and updating resident emails. - Mr. Lunny then read the title of the Resolution into the record: AJ RESOLUTION: PEKTAININGTOTHE SUBJECTOF' VILLAGEOFLAZYLAKECOUNCIL MEETINGS; PROVIDING FINDINGS; AUTHORIZING REGULAR VILLAGE COUNCIL MEETINGS BEING HELD OUTSIDE OF THE VILLAGE'S TERRITORIAL LIMITS; PROVIDING BASIC MINIMUM PROCEDURES FOR PUBLIC NOTICE OF VILLAGE COUNCIL MEETINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Motion made by Council Member Nyhuis, seconded by Council Member Kaufman, to adopt the Resolution pertaining tot the subjectofVilageoflaxy, Lake Council meetings. Ina voice vote, the motion passed unanimously. 7. Council Member Comments Council Member Kaufman noted the sea grapes are overgrown on the easement leading to the lake. Mayor. Anthony will obtain landscape bids for trimming. 8. Public Comments Village ofLazy Lake Minutes April 16, 2019 Meeting Page 5 Richard Willard, 2240 Lazy Lane, expressed his concerns regarding the Village' s ability to continue to function as an independent municipality, further discussing retaining privacy of the easement leading to the lake. 9. Adjournment With no further business to discuss, and upon motion duly made and seconded, the meeting concluded at 8:10 p.m. - PA Village Administrative. Assistant B 018862-18001 (3416496) 49