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Minutes_Regular_12/09/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES DECEMBER 9, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 6:03 p.m. A roll call was taken by Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice - Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Tumquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Trela White, Village Clerk Assistant Deanna Mayo, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Tumquest moved approval of the agenda, seconded by Council Member Humpage; motion carried unanimously 5 -0. PRESENTATIONS 1. Recognition of the Village of Tequesta Finance Department on Receipt of Certificate of Achievement for Excellence in Financial Reporting Mayor Pat Watkins expressed appreciation on behalf of the Council and offered a certificate of recognition to Ms. Jody Forsythe, Director of Finance and the entire finance department. MOTION: Council Member Humpage moved approval of the Consent Agenda, seconded by Council Member Tumquest; motion carried unanimously 5-0. CONSENT AGENDA 2. MINUTES: 9/9/10 Special, 10/12/10 Special, 10/14/10 Regular, 10/21/10 Special, 11/4/10 LPA and 11/4/10 Regular 3. Resolution 41 -10, Appropriation of Additional Fund Balance from General Fund #001, Capital Improvement Fund #301, Water Utility Fund #401, Stormwater Utility Fund #403 and Increasing the Budget's Expenses / Expenditures to Fund Projects / Purchases that were Approved and Funded but not Completed in Minutes — Regular Council Meeting 12/9/10 Page 2 Budget Year Ending 09/30/10 and Expect to be Completed in Budget Year Ending 09/30/11 4. Resolution 42 -10 Appropriation of Additional Fund Balance to Fund Emergency Dump Truck Repairs S. Item Removed from Anenda 6. Resolution 4440. Requesting Approval to Purchase an "Open" Licensing Model of ArcServe Backup Software from CDW -G in the Amount of $18,500.00 and Increasing the Fiscal Year 2010/2011 Budget in the General Fund by Appropriating Fund Balance in the Amount of $4,895.00 6a. Approval of Budget Amendment Transferring Budgeted Funds from Capital Purchases to Car Allowance Expenditures END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Bob Keltie, Northern Palm Beach County Chambers, requested support from all cities and thanked Manager Couzzo on behalf of the Chambers for offering a Village representative. He also noted the Chambers upcoming meeting date. COMMUNICATIONS FROM COUNCIL Council Member Turnquest noted a previous young Tequesta volunteer who had obtained a messenger position for Senator Atwater and was nominated as Mayor in a recent college class assignment. He noted her thanks to Tequesta for their influence. Council Member Arena thanked Council Member Humpage, from Cypress residents for his assistance in expediting the new sidewalk on Cypress Drive. He also offered congratulations to Ms. Forsythe and the finance department on their efforts and Happy Holidays to all. Vice Mayor Paterno wished everyone Happy Holidays and expressed his all around gratitude. Minutes — Regular Council Meeting 12/9/10 Page 3 Mayor Watkins noted the pleasant time had by all at Tequesta's Holiday in the Park and noted a resident who expressed gratitude for the quaintness of the Village. She also offered staff and residents best wishes for the Holidays. REGULAR AGENDA OLD BUSINESS 7. Ordinance 8 -10, Second Reading, Adopting a New Sec. 2 -34. To be Entitled Village Logos, Providing for the Official Adoption of Two Village Logos; Describing the Village Logos; Providing that the said Village Logos may only be Utilized for Official Village of Tequesta Business or upon the Written Approval by the Village Council, Florida; Providing that the Village Council may Grant Approval for the Use of the Logos for a Proper Purpose; Providing that the Village Council May Adopt Reasonable Rules for the Manufacture, Use, Facsimile or Reproduction of these Logos; Providing for Penalties; Providing for Registration with the Secretary of the State of Florida and the United States Patent and Trademark Office Attorney White read Ordinance 8 -10 title into the record. Mayor Watkins opened the public hearing for Council comment. Vice Mayor Paterno questioned punctuation in the Ordinance. Attorney White clarified the original print was correct and changes through emailing occasionally occur. Mayor Watkins opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION Council Member Humpage moved approval of Ordinance 8 -10 on First Reading. Council Member Tumquest seconded the motion, which carried by unanimous 5-0 vote. 8. Ordinance 10 -10, Second Reading Amending its Comprehensive Plan to Update the Capital Improvements Element Five Year Capital Improvements Schedule Pursuant to Section 163.3177(3)(b)l Florida Statutes (F.S.) (First Reading 11/4/10) Attorney White read the title of Ordinance 10 -10 into the record and offered a brief explanation of the item. Minutes — Regular Council Meeting 12/9/10 Page 4 Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION Council Member Humpage moved approval of Ordinance 10 -10 on Second Reading. Council Member Tumquest seconded the motion, which carried by unanimous 5-0 vote. 9. Ordinance 12 -10, Second Reading Amending the Village Code of Ordinances by Creating an Entirely New Chapter 76. Waterway Control. Relocating the Village's Waterway Control Code from Article XIII. of the Zoning Code to the Newly Created Chapter 76.; and Adopting Regulations that Create a New Boating Restricted Area from 300 Feet North of the Tequesta Drive Bridge to 300 Feet South of the Tequesta Drive Bridge, which Area would Restrict Boat Traffic to "Slow Speed Minimum Wake" (First Reading 11/4/10) Attorney White read the title of Ordinance 12 -10 into the record. She advised that the Local Planning Agency had recommended approval by Council of Ordinance 12 -10. Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION Council Member Tumquest moved approval of Ordinance 12 -10 on Second Reading. Vice Mayor Patemo seconded the motion, which carried by unanimous 5 -0 vote. 10. Ordinance 13 -10, Second Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. at Article IX. Supplemental Regulations. Division 6. Marina Facilities. Sec. 78 -483. Construction of Docks. By Amending this Section to make Reference to the New Waterway Control Chapter for Regulations Regarding the Construction of Docks; and at Article XIII. Uniform Waterway Control. By Repealing this Article in its Entirety and Reserving it for Future Use (First Reading 11/4/10) Attorney White read the title of Ordinance 13 -10 into the record and noted that the Local Planning Agency had recommended approval of the Ordinance. Minutes — Regular Council Meeting 12/9/10 Page 5 Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION Council Member Tumquest moved approval of Ordinance 13 -10 on Second Reading. Council Member Humpage seconded the motion, which carried by unanimous 5 -0 vote. NEW BUSINESS 11. Ordinance 14 -10, First Readina, Amending Exhibit "B" of Section 2 -30 of the Code of Ordinances Village of Tequesta Relating to the Public Safety Pension Trust Funds; Providing for Increased Investments in Foreign Securities Attorney White read Ordinance 14 -10 title into the record. Mr. Frank D'Ambra, Public Safety Pension Board Chair noted that the board had a target range but desired the Ordinance for pension flexibility. He pointed out that if Ordinance 14 -10 was approved the impact of the increased allocation limit would be set at 25 %. Council Member Tumquest questioned Council input versus board members and /or employees. Mr. D'Ambra responded that the trustees were the final decision and briefly explained risk, losses and missed opportunity along with diversification, allocation and management styles. Vice Mayor Paterno asked Mr. D'Ambra if the 25% was approved could the board raise their allocation percentage without Council notification. Mr. D'Ambra replied yes, it would be the majority decision of the trustees. Vice Mayor Paterno questioned Union approval of the increase. Mr. D'Ambra responded that a letter from the Union confirming their approval would be obtained. Vice Mayor Paterno added that he would like that confirmation before the second reading. MOTION Council Member Humpage moved approval of Ordinance 11 -10 on Second Reading. Council Member Tumquest seconded the motion, which carried by unanimous 5 -0 vote. 12. Ordinance 15 -10, First Reading, Council Approval to Authorize Village Employees, with the Prior Consent of the Village Manager, to Execute Certain Contracts and Leases Mayor Watkins stated that this item was removed from the Agenda. Minutes —Regular Council Meeting 12/9/10 Page 6 STANDING REPORTS • Village Attorney Attorney White confirmed that she would be part of a drafting Committee which would begin January 1, 2011 regarding ethics. She stated the Committee had 90 days to accomplish revisions that would be focused on improving verbiage clarity to eliminate grey areas in an impending Ordinance which they hoped would be passed. • Village Manager Manager Couzzo noted that Tequesta Bridge was close to completion and the possible placement of a 12 — 14 inch railing on the Jersey Curb barrier for safety. ANY OTHER MATTERS Council Member Turnquest requested a solar company presentation regarding reducing the Villages electrical expenses to be placed on the January Agenda. He also noted a letter from a Whitehall resident regarding concerns with bridge lighting. Manager Couzzo responded that the lighting was designed specifically by engineers with resident comfort in mind as was the placement of the new, mature landscaping and felt residents were enjoying the bridge immensely. Manager Couzzo commented that inquiries had been made regarding fishing off Tequesta Bridge and noted fishing was prohibited. He stated that tasteful signs would be placed advising such. Council Member Tumquest questioned if fishing from the observation decks would be permitted. Manager Couzzo responded that the observation decks were restricted as well as they were part of the bridge. He added that Council had the prerogative to change the restriction to allow fishing from one or both observation decks. Council Member Humpage stated that residents were inquiring about the large yellow pipes in the Village. Manager Couzzo responded that natural gas lines would be installed through the yellow pipes throughout the Village. Vice Mayor Paterno referred to a letter from Jack Cory (Village lobbyist) regarding the pensions of Public Safety and Employees and suggested Manager Couzzo visit Tallahassee to speak on the Village's optimism on the topic of Tequesta's pensions. Manager Couzzo noted adjustments to Tequesta's labor union contracts and voiced his thoughts concerning other municipalities' experiences with unrealistic multipliers which Minutes — Regular Council Meeting 12/9/10 Page 7 had offered difficulties in sustaining growth and agreed to go to Tallahassee to represent Tequesta. Mayor Watkins confirmed Council consensus supporting Council Member Turnquest's request for a solar presentation. Vice Mayor Paterno asked for Council Member Turnquest to assist and support the Florida League of Cities involvement, on a State level, with upcoming issues such as pensions and Vice Mayor Paterno also mentioned the fire tax would be coming back as well. Council Member Turnquest agreed. Vice Mayor Paterno suggested Mayor Watkins or another Council member be involved with the North River group. Mayor Watkins responded that she would, but would need a substitute if she had a conflict. ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 6:59 p.m. Z , pectfully submitted, Deanna Mayo Assistant to the Village Clerk Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.