HomeMy WebLinkAboutDocumentation_Regular_Tab 05_06/11/2009MINUTES
VILLAGE OF TEQUESTA
SPECIAL MEETING
MARCH 27, 2009
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Pat Watkins at 3:23 p.m. A roll call was taken by
Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice-Mayor Tom
Paterno, Council Member Vince Arena, and Council Member Jim Humpage, and Council
Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr.,
Village Attorney Keith Davis, Village Clerk Assistant Deanna Mayo and Department Heads.
Approval of Agenda
MOTION: Council Member Humpage moved approval of the agenda; seconded by Council
Member Turnquest; motion carried unanimously 5-0.
1. Ordinance 1-09, First Reading, Water Facilities Supply Plan (Continued from 3/12/09)
Attorney Davis read Ordinance 1-09 Title into the record.
MOTION: Vice-Mayor Paterno moved to approve Ordinance 7-09; seconded by Council
Member Humpage; motion carried unanimously 5-D.
2. Ordinance 2-09, First Reading, Amending the Village of Tequesta Legal Description
by Redefining the Territorial Boundaries of the Corporate Limits of the Village of
Tequesta Subsequent to the Annexation of 11.1± Acres
Attorney Davis read Ordinance 2-09 Title into the record.
Mayor Watkins opened the public hearing to Council. Council Member Humpage mentioned
past annexations and amendments anticipating the accuracy of the present amendment.
Ms. Catherine Harding, Director of Community Development, felt the amendment was
complete and would bring the Village up to date. She noted that Dailey and Associates
performed the survey and the Charter would be updated with the annexation boundaries.
Mayor Watkins opened the public hearing for public comment. There being no further
comments the public hearing was closed.
MOTION: Council Member Humpage moved to approve Ordinance 2-09; seconded by
Vice-Mayor Paterno; motion carried unanimously 5-0.
2. Resolution 10-09, Utility Relocation Bid Award
Manager Couzzo explained that the relocation of utilities was essential before the bridge was
rebuilt. He noted that negotiations included multiple companies which would each require
pipes and lines run, preferably under the river, and some would prefer at least one spare for
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Page 2
future needs. He indicated the Village was assuming the cost of running one pipe per company
and asking companies to pay additional cost for their remaining pipes and lines.
Manager Couzzo suggested accepting the bid as recommended by Mr. Russell White, Public
Services Manager and stated after accepting the contract it could be modified to create saving
strategies. He commented that Mr. White had begun negotiations on various details in an effort
to attain the most favorable arrangement for the Village.
Manager Couzzo and Council conferred regarding the relocation projects possible time lines,
cost and inconveniences. Manager Couzzo commented that surrounding areas appeared to be
happy with the possibility of power poles being eliminated and tines run under the water. He
mentioned that meetings were being set with the surrounding properties in effort to have the
project run as smooth as possible. Mayor Watkins questioned the 21 day time line. Kris Dean,
Arcadis Representative noted the work schedule would be six days a week from 7:00 a.m. to
7:00 p.m.
Mayor Watkins questioned the FPL (Florida Power and Light) lines. Mr. White reported that
FPL would supply pipes needed for their lines but noted they would insist on a purchase order
(before they started running their lines) committing to reimbursement from the Village if Council
approved Tequesta doing the bore. He pointed out that this was an additional cost not in the
figures. He then stated that the utility companies were fine with the time line.
Vice Mayor Paterno suggested appropriating the engineering funds as a budget transfer to
avoid having to have an amendment.
Attorney Davis read the Resolution Title into the record.
MOTION: Council Member Humpage moved to approve Resolution 1 D-09; seconded by
Vice-Mayor Paterno; motion carried unanimously 5-0.
Vice Mayor Paterno inquired about the status of the project's permits. Mr. Dean responded the
Army Core of Engineers permit would be issued April 6, 2009 the DEP (Department of
Environmental Protection) would be issued by the end of April, and the Health Department
permit was complete.
MOTION: Council Member Arena moved to authorize Manager Couzzo to transfer from
existing line "301 Fund" for Engineering Services to a newly created account for FPL
modification transmission lines; seconded by Council Member Tumquest; motion carried
unanimously 5-0.
Council took a five minute break from 4:08 to 4:13 p.m.
Manager Couzzo gave a brief explanation of dilemmas, date options and the bid process
associated with the bridge project. Vice Mayor Paterno questioned if stimulus monies were
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Page 3
confirmed. Council Member Turnquest responded that he had spoken to a representative who
stated the money was confirmed.
Mayor Watkins voiced her concerns with residents and schools being affected by postponing
the start date of the project but pointed out that it was necessary in anticipation of obtaining
stimulus funds. Council Member Humpage suggested adjusting the millage rate to compensate
for the inconvenience to the residents. He also pointed out that once the bid was awarded a
contractor would need ample time to prepare for construction.
Manager Couzzo suggested a meeting with representatives from DOT (Department of
Transportation) and a County Engineer to learn the particulars of applying and receiving the
stimulus funds. Mayor Watkins stated she did not support accepting the money if it came with
vast restrictions.
Council consensus was to meet with representatives, then reevaluate.
Council Member Arena reported on his meeting with Jupiter Inlet Colony concerning
discrepancy of the colonies fire rescue services fees differing from the Village resident's fire
rescue services fees. Council Member Humpage, Vice Mayor Paterno and Council Member
Turnquest felt that Jupiter Inlet Colony was postponing negotiations with Tequesta to avoid
paying the proper increase and felt their actions encouraged litigation.
Mayor Watkins felt that misinformation was being passed and hoped the two Councils would
get together so that fairness for all residents was the focus.
Manager Couuo suggested Tequesta wait two weeks for the Colony's next Council meeting in
confidence that they would come forward with a proposal.
Mayor Watkins noted that the Treasure Coast Regional Planning Council request would be put
on the April agenda.
ADJOURNMENT
MOTION: Council Member Humpage moved to adjourn the meeting at 5:00 p.m.; seconded
by Council Member Turnquest, motion ca-ried unanimously 5-0.
Respectfully submitted,
Deanna Mayo
Assistant to the Village Clerk
MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING MINUTES
APRIL 9, 2009
CALL TO ORDER AND ROLL CALL
Mayor Pat Watkins called the meeting to order at 7:12 p.m. A roll call was taken by Village
Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council
Member Vince Arena, Council Member Jim Humpage, and Council Member Turnquest. Also
in attendance were: Village Manager Michael R. Couzzo Jr., Village Clerk Lori McWilliams, and
Department Heads.
APPROVAL OF AGENDA
Mayor Watkins noted Item 1 would be postponed to the May agenda; Vice-Mayor Paterno
asked to pull Item 8 off the consent agenda for discussion.
MOTION: Council Member Humpage moved approval of the agenda as amended; seconded
by Council Member Turnquest; motion carried unanimously 5-0.
STANDING REPORTS
• Village Attorney
Stated the Comprehensive Plan was found in compliance and the notice of intent would
be published on 4/10/09. She stated the growth management legislation bill passed in
the Senate and would change how growth management was handled in the State it
would create a whole traffic concurrency exception area in Palm Beach County;
meaning there would not be any traffic concurrency. She discussed a legislative move
to implement a fire rescue surtax. The first bill was not favorable to cities in that the
County could pass this tax and they would then be considered the regional service
provider. She explained it would not be in Tequesta's best interest because we had our
own fire rescue services. The newest bill was more favorable and considered how
much a municipality spent on fire rescue services over the last five years.
• Village Manager
Village Manager Couzzo noted the Village was fortunate to receive the stimulus funding,
however, the plan was vague at this time. Staff met with the state who has been
cooperative, however has not yet formally approved the disbursement. LAP certification
issues were being worked out with the state and county.
PRESENTATIONS & PROCLAMATIONS
1. Recognition of Don Nagy for his Dedicated Service to the Village of Tequesta
Residents and the Police Department ITEM POSTPONED TO 514/09 AGENDA
2. Recognition of National City Bank for Continued Sponsorship and Support of
Tequesta Parks and Recreation Department
Mayor Watkins presented Ms. Julie Cart of National City Bank with a plaque thanking her and
the bank for their continued sponsorship.
3. Presentation on Tequesta Park Survey Findings
Minutes -Regular Council Meeting 4/9/09
Page 2
Connie Fisher and Dave Park of Cladding Jackson presented findings of the Tequesta Park
Survey, which included both a hard copy survey and an on-site public input forum. Mr. Park
provided a summary of existing park conditions; a synopsis of the current uses for the park as
provided by residents; and a needs and priorities assessment. The top priorities as
communicated via residents were: shade trees, renovation of existing facilities, walking/hiking
trails, dog park, baseball/softbalVsoccer/rugby/and multi-purpose athletic fields, playground,
and a swimming pool. Mr. Park reviewed the grant requirements and additional issues that
needed to be addressed.
MOTION: Council Member Humpage made a motion for Ms. Fisher to move forward with
the Master Plan; seconded by Council Member Tumquest; motion carried unanimously 5-0.
4. Proclamation declaring the month of Apri12009 as "Water Conservation Month" in
the Village of Tequesta
Mayor Watkins declared the month of April 2009 as Water Conservation Month in Tequesta.
CONSENT AGENDA
MOTION: Council Member Humpage moved approval of the following Consent Agenda;
seconded by Council Member Arena; motion carried by unanimous 5-0 vote.
5. MINUTES: 3112/09 Reorganization
6. Renewal of Interim Employment Agreement for Firefighter Stark for Period of
5/7/09 - 5/7/12
7. Approve Interim Employment Agreement for Firefighter Hill for Period of 5!17!09
8. Approval of Agreement between Village of Tequesta and FPL for Street Lighting
REMOVED FROM CONSENT AGENDA
9. Approval of Mutual Aide Agreement between the Village of Tequesta and Martin
County Sheriffs Office Permitting Voluntary Cooperation and Assistance of
Routine Law Enforcement Across Jurisdictional Lines
10. Council Acceptance of Officer David Cooper as the Police Department Elected
Representative of the Public Safety Pension Board -Ministerial Reappointment
Only
END OF CONSENT AGENDA
8. Approval of Agreement between Village of Tequesta and FPL for Street Lighting
Vice-Mayor Paterno felt the contract was one-sided. He suggested removing the automatic
renewal, questioned item 11 of the contract, and questioned who would be responsible for
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Page 3
removal of the lights. Mr. Russell White, Director of Public Works explained the Village pays
the labor to install new streetlights conduit and FPL pays the labor to install the pole.
Council Member Arena clarified the Village was not responsible for the replacement of poles
due to emergencies and the only time it would have to pay for the removal was if the Village
requested they be removed.
MOTION: Council Member Humpage moved approval of the agenda as presented;
seconded by Council Member Tumquest; motion carried 5-0.
COMMUNICATIONS FROM CITIZENS None
COMMUNICATIONS FROM COUNCIL
Council Member Turnquest traveled to Tallahassee and met with a legislator who wanted to
stop the stimulus fund process and Tequesta from receiving funds in order for another Palm
Beach County municipality to receive full project funding. He stated through his contact with
Representative Domino Girl Scout Amanda Klopp was invited to serve as his Page for a week
in Tallahassee due to her interest in becoming a future Tequesta Council Member.
Council Member Arena commented on the Girl Scout Butterfly Garden park article. He
reviewed upcoming events of interest to residents.
Council Member Humpage commented on the $3 million in stimulus funds the Village received
and believes a few people can make a difference.
Vice-Mayor Paterno thanked staff and the Manager for their hard work to obtain the stimulus
funds.
Mayor Watkins concurred with the stimulus funding comments. She notified Council Mary
Hinton approached her, as Mayor, to be part of a Board -Soul of America to open properties
to wounded veterans for short get-a-ways when they return home; she attended a preliminary
meeting for the 150th celebration of the lighthouse; and she attended a Kiwanis function for the
Quality of Life Foundation and suggested that during the next budget cycle handicap buttons
be placed on the Chamber doors.
REGULAR AGENDA
OLD BUSINESS
11. Ordinance 2-09, Second Reading, Amending the Village of Tequesta Legal
Description by Redefining the Territorial Boundaries of the Corporate Limits of the
Village of Tequesta Subsequent to the Annexation of 11.1± Acres (First Reading
3/27/09)
Village Attorney White read Ordinance 2-09 title into the record.
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Page 4
Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the
hearing to the public for input. There being no public comment, she closed the public hearing.
MOTION: Council Member Turnquest moved approval of Ordinance 2-09 on second
reading; seconded by Council Member Humpage; motion carried unanimously.
NEW BUSINESS
12. Resolution 11-09, Supporting a Dedicated Funding Source for Commuter Rail Service
Village Attorney White read Resolution 11-09 title into the record.
MOTION: Council Member Arena moved approval of Resolution 71-09; seconded by
Council Member Turnquest; motion carried unanimously.
13. Approval of Franchise Agreement between the Village of Tequesta and Peoples
Gas Systems for a Grant to Use Rights-of-Way and Public Easements within the
Village of Tequesta for Gas Service Lines and Appurtenances
MOTION: Council Member Humpage moved approval of the Franchise Agreement as
amended to read not to exceed 6% and the Village Council reserves the right reduce the
franchise fee on an annual basis commencing the beginning of a fiscal year with 60 days
notice to the company; however at no time shall the franchise fee be increased to exceed 6%;
seconded by Council Member Arena; motion carried 4-1 with Vice-Mayor Patemo in
opposition.
13a. Ordinance 3-09, First Reading, amending language for the Cable Television
Franchise, Solid Waste Franchise, and a new Franchise Agreement with Peoples Gas
Systems
Village Attorney White read Ordinance 3-09 title into the record.
Mayor Watkins opened the hearing to Council for comments. Village Manager Couzzo
explained this ensured the Ordinance coincided with the contract language. There being no
additional comments, she opened the hearing to the public for input. There being no public
comment, she closed the public hearing.
MOTION: Council Member Humpage moved approval of Ordinance 3-09 on first reading;
seconded by Council Member Turnquest; motion carried unanimously 5-0.
Minutes -Regular Council Meeting 4/9/09
Page 5
14. Ordinance 4-09, First Reading, Adopting a Small Scale Amendment to
Comprehensive Development Plan which Provides for an Amendment to the Future
Land Use Map Designating 1.58 Acres of Land Recently Annexed into the Village
Located at 725 US Highway #1 Rood-Williams Post 271, American Legion as
"Commercial"
Village Attorney White read Ordinance 4-09 title into the record.
Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the
hearing to the public for input. There being no public comment, she closed the public hearing.
MOTION: Council Member Humpage moved approval of Ordinance 4-09 on first reading;
seconded by Council Member Tumquest; motion carried unanimously 5-D.
15. Ordinance 5-09, First Reading, Adopting a Small Scale Amendment to
Comprehensive Development Plan which Provides for an Amendment to the Future
Land Use Map Designating .9 Acres of Land Recently Annexed into the Village Located
at 691 US Highway #1 North, Regions Bank as "Commercial"
Village Attorney White read Ordinance 5-09 title into the record.
Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the
hearing to the public for input. There being no public comment, she closed the public hearing.
MOTION: Council Member Tumquest moved approval of Ordinance 5-09 on first reading;
seconded by Vice-Mayor Patemo; motion carried unanimously 5-0.
16. Ordinance 6-09, First Reading, Adopting a Small Scale Amendment to
Comprehensive Development Plan which Provides for an Amendment to the Future
Land Use Map Designating 3.1 Acres of Land Recently Annexed into the Village
Located at 4390 County Line Road, Jupiter Lighthouse Academy as "Residential Low
Density"
Village Attorney White read Ordinance 6-09 title into the record.
Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the
hearing to the public for input. There being no public comment, she closed the public hearing.
MOTION: Council Member Humpage moved approval; seconded by Vice-Mayor Patemo;
motion carried unanimously 5-0.
Minutes -Regular Council Meeting 4/9/09
Page 6
17. Ordinance 7-09, First Reading, Amending Chapter 74 Utilities at Article III Solid Waste
Section 74-141 Rates and Charges by repealing subsections (e) and (f) to Provide for
Internal Consistency with the Village's Current Solid Waste Collection Agreement
Village Attorney White read Ordinance 7-09 title into the record.
Mayor Watkins opened the hearing to Council for comments. Vice-Mayor Paterno asked if
there was a franchise fee in the agreement to which Ms. White stated there was not in the solid
waste agreement, however there was one in the FPL agreement. The Mayor opened the
hearing to the public for input. There being no public comment, she closed the public hearing.
MOTION: Vice-Mayor Paterno moved approval; seconded by Council Member Arena;
motion carried unanimously 5-0.
18. Council Designation of Members to Various Governmental Assemblies
MOTION: Council Member Humpage moved to approve appointments to the assemblies as
presented and directed the Clerk to contact Mr. Holton to verify his desire to continue on the
committee; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0.
19. Discussion and Direction on the Treasure Coast Regional Planning Council's
(TCRPC) Request to Support the Inclusion of the Intercity Rail Component of the
Florida East Coast (FEC) Corridor Project as Part of Florida's Economic Stimulus
Plan
Consensus of Council agreed to postpone the item to the May 9, 2009 Council agenda.
ANY OTHER MATTERS
Vice-Mayor Paterno commented on the fire surcharge and stated this was a prime example of
trying to get around the governing ad valorem tax; it should be handled through taxes and
suggested the Council oppose any change.
Mayor Watkins commented on the Finance report Council received and considering the
economic climate appreciates all the hard work that went into preparing the report and keeping
the Village in good financial condition.
Council Member Arena made a copy of the Coordinating Council proposed and current by-
laws for Council to review and noted Tequesta was not in any jeopardy of losing its seat.
Village Manager Couzzo stated Council would need to keep in mind that the solid waste
agreement could be significantly impacted this coming budget year as a result of the fuel
surcharge fee.
Minutes -Regular Council Meeting 4/9/09
Page 7
ADJOURNMENT
MOTION: Council Member Humpage moved to adjourn; seconded by Council Member Arena;
the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:25
p. m.
Respectfully submitted,
Lori McWilliams, CMC
Village Clerk