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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_01/08/2009MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES DECEMBER 11, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:05 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Calvin Turnquest, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Jim Humpage gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Mayor Watkins noted the regular meeting would recess after item 6, returning then to the Local Planning Agency meeting for completion. Once the regular meeting reconvened item 12 would move to item 6a. MOTION: Vice-Mayor Turnquest moved approval of the Agenda as amended; seconded by Council Member Humpage; motion carried by unanimous 5-0 vote. STANDING REPORTS • Village Attorney Attorney Davis reported Trela White was chosen as City Attorney of the Year for 2008 by the Florida League of Cities. • Village Manager Village Manager Couzzo had nothing to report. PRESENTATIONS 8~ PROCLAMATIONS Recognition of Joe Hall for his Dedicated Council Meetings. Support to the Village and Attendance at Mayor Pat Watkins presented Mr. Joe Hall with a certificate of appreciation and extended Council's appreciation for his continued support and ongoing attendance at Council meetings. Mr. Joe Hall, 159 Country Club Drive introduced his wife Marilyn and noted they were encouraged to attend when they moved to Tequesta. CONSENT AGENDA MOTION: Vice-Mayor Turnquest moved approval of the following Consent Agenda; seconded by Council Member Humpage; motion carried by unanimous 5-0 vote. 1. MINUTES: 9/30/08 Special Meeting, 10/9/08 LPA Meeting, 11/3/08 Workshop, 11/5/08 Pension Workshop, 11/13/08 Regular Meeting Minutes, 11/13/08 LPA Meeting Minutes. 2. Approval of Palm Beach County Law Enforcement Exchange (LEX) Agreement Minutes -Regular Council Meeting 12/11/08 Page 2 3. Council Approve of GovDelivery Agreement 4. Resolution 54-08, Computer Backup System 5. Resolution 55-08, Closing of IBR Fund #101 and Authorizing the Transfer of all Remaining Assets, Liabilities and Equity to General Fund END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, compared Tequesta's Smoke Signals and the Beacon News and noted his preference to Smoke Signals. He also commented on the cost of the bridge project and offered several suggestions to help prolong the existence of the bridge. Mr. Russell Von Frank, 489 Dover Road wished Happy New Year and a Merry Christmas. COMMUNICATIONS FROM COUNCIL Vice Mayor Turnquest explained his initial intentions to direct questions concerning water restrictions and relief for Tequesta to the Legislative body. He noted his conversation with Representative Snyder and asked for permission from Council to go to South Florida Water Management first and possibly avoid going any further. Council Member Humpage referred to Highland Beach, the AWS guidelines and their Resolution. He felt Council should look at the resolution and obtain guidance from the Attorney before moving forward. Mayor Watkins felt explaining the uniqueness of Tequesta and their water plant to South Florida Water Management was a good idea. Council consensus concurred with Vice Mayor Turnquest. Council Member Paterno wished everyone well for the Holidays and expressed his contentment with being part of the Council and the Village. Manager Couzzo stated he received an email from Jack Cory, The Village Public Affairs Consultant, requesting a one page summary of what the Village was seeking and stated he would produce that for Mr. Cory. Council Member Humpage expressed his gratitude for Tequesta and its attention to details in a small Village. He noted the events, the number of people attending and the cohesive feeling in Tequesta and wished everyone well for the Holidays. Council Member Arena noted the success of events he had attended and urged residents to attend too. Mayor Watkins expressed her appreciation to all who helped while she was out. She commended Greg Corbitt and staff for their efforts during the Holiday festivities in the Village. She also noted the successful year and her appreciation of her involvement. Minutes -Regular Council Meeting 12/11/08 Page 3 Mayor Watkins noted President Elect Obama and his approach on infrastructures and public works projects and advised the Village would be seeking assistance for the bridge and thanked the residents for their attendance, questions and input on the project. REGULAR AGENDA OLD BUSINESS 6. Ordinance 17-08, Second Reading, annexing two (2) parcels of real property comprising of a total of 8 acres, more or less, located at 4534-4546 County Line Road - Attorney Davis read Ordinance 17-08 title into the record. Mayor Watkins opened the public hearing to Council for comments; there were no comments. Mayor Watkins asked for public comments. Louis Lwowski, 137 Magnolia Way asked about the nature of the environmental cleanup that was recently completed. Manager Couzzo explained the Ordinance was solely for the purpose of annexation with additional inquiries being discussed in the future under the Local Planning Agency and Zoning. Mayor Watkins closed the public hearing MOTION: Council Member Humpage moved approval of Ordinance 17-08; seconded by Vice- Mayor Tumquest; motion carried by unanimous 5-0 vote. MOTION: Vice-Mayor Tumquest moved to recess the regular meeting and to reconvene the LPA meeting; seconded by Council Member Humpage; motion carried by unanimous 5-0 vote; therefore, the meeting was recessed at 7:38 p. m. MOTION: Council Member Humpage moved to reconvene the regular meeting; seconded by Council Member Patemo; motion carried by unanimous 5-0 vote; therefore, the meeting was reconvened at 8:51 p.m. 6a. Ordinance 23-08, First Reading, Adopting an Amendment to its Comprehensive Development Plan which Provides for an Amendment to the Village Land Use Map Designating 8.0 Acres of Real Property as Residential, Medium Density; Located at 4534 and 4546 County Line Road Attorney Davis read the Ordinance 23-08 title into the record. Mayor Watkins opened the public hearing to comments. Counci{ Member Paterno questioned what Council was voting on. Attorney Davis explained tonight was for a yes or no for medium density. Council Member Arena noted the variables and questioned how Council would proceed with making future decisions. Minutes -Regular Council Meeting 12/11/08 Page 4 Vice Mayor Turnquest stated he was not concerned with the "what ifs" of the future, and stated his decision was made from listening to the residents and their opinions. Mayor Watkins stated she would like to make sure that the project was not over built and was in the best interest of the Village. Harold Taylor, 13 Chapel Court stated he felt the builder was entitled to build what he wanted as long as it was within the limits of the Village Code. John Bourassa, 3900 County Line Road 16B, requested Council send this to the next step. Vice Mayor Turnquest stated he did not want to make a rash decision, and felt sympathetic to both sides. MOTION: Vice-Mayor Turnquest moved to approve Ordinance 23-08; seconded by Council Member Arena; motion carried 3-2 with Council Member Humpage and Council Member Paterno dissenting. Ms. Catherine Harding, Director of Community Development, questioned the procedure of the notice. Council Member Arena asked if the notice would go out to onlyTequesta residents only. Manager Couzzo said no and gave a brief explanation. Council Member Arena felt Council should only notify Tequesta residents. Manager Couzzo explained the customary procedures on zoning issues. Council Member Paterno stated he wanted to stay as fair as possible to avoid problems with future annexations. Council Member Arena stated he was concerned with the additional monies spent to send notices out that were not required to be sent. Charlotte Nichols, 133 Magnolia Way suggested contacting the president of the homeowners association and ask her to put the notice in their monthly flyer. Catherine Harding noted the expense goes to the applicant. Manager Couzzo felt that if the Village required additional notice they should and would pay costs on that portion. Council Member Arena said he was not comfortable paying for certified mailings outside the Village. Vice Mayor Turnquest stated the County notified Tequesta residents which were outside their jurisdiction and Tequesta should do the same. Mayor Watkins suggested sending the notices by regular mail since certification was not a requirement. Council Member Paterno suggested certifying the notice to residents and homeowner association's presidents and sending it by regular mail to non residents. Mayor Watkins confirmed the charges would be on Tequesta. Consensus of Council concurred with Council Member Paterno's suggestion. 7. Ordinance 18-08. Second Reading, Adding bakery to permitted uses in the MU Zoning District Attorney Davis read the Ordinance 18-08 title into the record Mayor Watkins opened the public hearing for comment. Minutes -Regular Council Meeting 12/11/08 Page 5 Council Member Arena asked if it was common practice to limit bakeries to 3,500 square feet. Mayor Watkins replied yes. Council Member Paterno asked where bakeries were permitted in the Village. Keith Davis responded C2 and C3. Council Member Paterno stated he would not support this and felt that current vacancies where being denied new tenants if this was passed. MOTION: Council Member Humpage moved to approve Ordinance 18-08; seconded by Vice- Mayor Tumquest; motion carried 4-1 vote with Council Member Paterno descending. 8. Ordinance 19-08, Second Reading, Updating the Sign Code due to other Changes in the Code of Ordinances Attorney Davis read the Ordinance 19-08 title into the record. Mayor Watkins opened the item for Council comment. Council Member Paterno expressed his support on political signs. He felt that a time limit and the number of construction signs on a property should be enforced. Catherine Harding, Director of Community Development explained the limitations and how the signs assisted with the address which may not be clear while the project is in the construction stage. She also felt the sign issue was not abused. Mayor Watkins opened the item to public comment; there being none the public hearing was closed. MOTION: Council Member Humpage moved to approve Ordinance 19-08; seconded by Vice- Mayor Tumquest; motion carried by unanimous 5-0 vote. 9. Ordinance 20-08, Second Readina_, Amending the Code of Ordinances to Chapter 10 - Animals, Article I, II and III Attorney Davis read the Ordinance 20-08 title into the record. Mayor Watkins opened the public hearing to Council for comments. Council Member Arena questioned the existing $25.00 fee. Attorney Davis explained the fee was in the administrative fee schedule so not to affect the code if the fee was changed. Mayor Watkins opened the item for public comments; there being no public comment the hearing was closed. MOTION: Council Member Humpage moved to approve Ordinance 20-08; seconded by Vice- Mayor Tumquest; motion carried by unanimous 5-0 vote. 10. Ordinance 21-08, Second Reading Amending the Code of Ordinances Chapter 42, Article II, Section 42-37 -Law Enforcement Off Duty Services -Direct Compensation Attorney Davis read the Ordinance 21-08 title into the record. Minutes -Regular Council Meeting 12/11/08 Page 6 Mayor Watkins opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Vice-Mayor Tumquest moved to approve Ordinance 21-08; seconded by Council Member Areena; motion carried by unanimous 5-0 vote. 11. Ordinance 22-08, Second Reading, Adopting New Chapter 63 to be Entitled Right-of- Way Attorney Davis read the Ordinance 22-08 title into the record. Mayor Watkins opened the public hearing to Council for comments. Council Member Paterno asked about the difference between permitting and registration. Attorney Davis explained registration was done yearly to obtain company information and any work needed to be performed was permitted per job. Council Member Paterno suggested all new job requests requiring piping or wire should be placed underground. Council Member Arena expressed his concern with the additional costs on residents. Council Member Humpage stated it would be difficult to implement on every job because of costs and remarked Florida Power and Light was offering incentives to convert. Manager Couzzo stated it could be made a condition of site plan approval. Mayor Watkins stated the residents should be protected from exuberant fees and hesitated to write it into the Ordinance. Attorney Davis stated his experience with this issue was that it was costly. He noted municipalities could set up a fund to assist with the regulation. Council consensus was to have the Attorney investigate the item. There being no other comments Mayor Watkins closed the public hearing. MOTION: Vice-Mayor Tumquest moved to approve Ordinance 22-08; seconded by Council Member Arena; motion carried by unanimous 5-0 vote. ANY OTHER MATTERS Council Member Arena asked to discuss a business forum in January. Council consensus was to place the discussion on the January agenda Vice Mayor Turquest asked for an update on the flex schedule and Ms. Campbell's idea of placing flags around Tequesta. Manager Couzzo noted the flags were a bit behind schedule and the compressed scheduling was referred to Lori McWilliams, Clerk who was part of the experiment. Ms. McWilliams felt the majority on the trial schedule had positive feedback. She also noted a small number of residents were utilizing the new hours, but noted the only drawback was the employees available were not always able to retrieve items needed from departments not open. Minutes -Regular Council Meeting 12/11/08 Page 7 Mayor Watkins noted that Mr. Bill Elliott requested that Tequesta Park be renamed to the original name of Kiwanis Park in appreciation for Mr. Rood a longtime resident of the area. She asked for this to be on the January agenda. Consensus of Council agreed. Mayor Watkins asked to place a possible donation to help with the Girl Scout's butterfly garden on the January agenda. Consensus of Council concurred. Mayor Watkins stated she received letters from Busch Wildlife and Junior Achievement both asking for a donation and asked Council to get with the Clerk if they wanted these on the agenda. ADJOURNMENT MOTION: Vice-Mayor Tumquest moved to adjourn; seconded by Council Member Arena; the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:43 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk