HomeMy WebLinkAboutMinutes_Regular_05/14/2009MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING MINUTES
MAY 14, 2009
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Pat Watkins at 7:07 p.m. A roll call was taken by
Village Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno,
Council Member Vince Arena, and Council Member Turnquest. Also in attendance were:
Village Manager Michael R. Couzzo Jr., Village Attorney Trela White, Village Clerk Lori
McWilliams, and Department Heads. Council Member Jim Humpage was not in attendance.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice-Mayor Paterno gave the invocation followed by the pledge to the flag.
APPROVAL OF AGENDA
Mayor Watkins asked to move Item one before standing reports in consideration of Mr. Nagy.
She also noted she had two items to discuss under any other matters. Council Member
Turnquest stated he had one item under Any Other Matters.
MOTION: Vice Mayor Paterno moved approval of the agenda as amended; seconded by
Council Member Turnquest motion carried unanimously 4-0.
PRESENTATIONS AND PROCLAMATIONS:
1. Recognition of Don Nagy for his Dedicated Service to the Village of Tequesta
Residents and the Police Department
Mayor Pat Watkins presented Mr. Don Nagy with words of appreciation along with a plaque
from the Village.
2. Recognition of Commissioner Karen Marcus for her Continued Support of the
Village and its Residents -Removed from Agenda
3. Presentation by Audit Committee and Council Selection of Village Audit Services
Provider -Moved to June 11, 2009
4. Presentation on Workforce Alliance Community Service and Work Experience
Program
Ms. Merlene Reid, Director of Human Resources, gave a description of the Workforce Alliance
program and their procedures; she noted a trial would begin with the Village dispatch unit.
Mr. Donald Scantlan, Director of Programs explained changes that had taken place in the
program over the years along with interviewing procedures and plan restrictions. He noted
their involvement with Federal and State Government and pointed out that the State of Florida
would furnish applicant's salaries and workman compensation as their goal was to educate
and train persons to help them become more self sufficient.
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Page 2
Council Member Arena confirmed the Village's only financial responsibility would be the cost of
applicants back ground check. He also inquired about the average hours worked.
Maryann Garrett, Program Director explained the hours varied but, average was 20-25 hours
per week depending on the amount of assistance the individual required from the State. She
advised that all work would be required to be logged and supervised.
Council Member Turnquest voiced his concern with the supervision requirements. Ms. Reid
stated supervision was required for any new employee and was acceptable.
Vice Mayor Paterno inquired if the program was non-profit. Mr. Scanlon responded the
program was quasi judicial and non-profit.
Council took a five minute break.
CONSENT AGENDA
MOTION: Vice Mayor Paterno moved approval of the following consent agenda; seconded by
Council Member Turnquest; motion carried unanimously 4-0
5. MINUTES: 3/12/09 Regular Council Meeting; 3/12/09 Workshop; 3/12/09 LPA; 3/27/09
LPA; 3/27/09 Workshop; 4/9/09 LPA; and 4/21 /09 Workshop
6. Approval to Purchase Upgraded Data Circuit from SUNCOM /AT&T -Department
of Management Services; Division of Telecommunications
7. Approval of Hold Harmless Agreement between the Village of Tequesta and Pat
and Emmett Sands - 383 Franklin Road
8. Resolution 13-09, Increasing Revenues and Expenditures in the 2008/2009 General
Fund #001 Budget By $3,500 as The Village received Unbudgeted Revenue from
Sponsorships and Donations
END OF CONSENT AGENDA
STANDING REPORTS
• Village Attorney
Village Attorney Trela White noted the following:
o Senate Bill 360 passed in amended form. She explained all of Palm Beach
County would be a "Transportation Concurrency Exception Area" (TECA) if not
vetoed. She stated she would email Council the information.
o Fire Surtax bill passed with a discretionary one cent tax. Fire Service providers
would be expected to sign in order to participate in the tax. She noted all Fire
Rescue Service would be contacted and a majority would be needed for the bill
to go to ballot.
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Page 3
o The Dual Taxation Case meant the County's position prevails and County-wide
dispatch would be paid out of a County General Fund which all cities would pay
into whether or not they had their own dispatch system.
• Village Manager
Village Manager Couzzo noted the following:
o He would forward the Fire Surtax information to Council.
o The utility relocation project appeared to be going well, the royal palms had been
relocated and most properties had been videoed to assist in damage control. He
noted one lane would remain open during the bridge project.
o The Village was working with the State Department of Transportation (DOT) to
receive claim revisions which were being reformatted for compliancy.
o Projected start date for the Bridge project to begin possibly in November with the
option to move it to January to avoid the heavy holiday traffic period.
Council Member Paterno asked why the project was moved to November.
Manager Couzzo replied the original plan was for the project to be done with the Village's
funds and advised the stimulus monies requirement had changed the cost and timeline.
Mr. Greg Corbitt, Director of Parks and Recreation, reported on the success of the Spring Zing
event and thanked Council for all their support.
COMMUNICATIONS FROM CITIZENS -None
COMMUNICATIONS FROM COUNCIL
Council Member Turnquest commended department heads on jobs well done.
Vice Mayor Paterno advised on the progress of the Jupiter Lighthouse Outstanding Natural
Area acreage development and offered their written plan for reference and/or suggestions.
Mayor Watkins remembered Russell Von Frank and his involvement with the Village and
offered Council's condolences to the family. She also commended police, fire and emergency
medical staff for their involvement with a recent tragedy in the Village. She reported visiting
Jupiter High School to observe their latest project which used Tequesta's bridge design.
Ms. Lori McWilliams, Village Clerk noted changes to the Village web site which, better
communicated with their residents. She referred to the "Govdelivery" set up as a user friendly
option set up by Mr. Brad Gomberg, IT Director.
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Page 4
Council Member Arena complimented the Parks and Recreation Director on his efforts and
successful events. He commended the Village on efforts put forth in receiving stimulus funds
for their bridge and all staff on jobs well done.
REGULAR AGENDA
OLD BUSINESS
9. Resolution 12-09, 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
Council Member Turnquest opposed the project and its cost and felt there were better ways to
create jobs.
Vice Mayor Paterno agreed with Council Member Turnquest and felt that it was a wasteful use
of stimulus money.
Geraldine Genco Dube, 7 Country Club Drive, supported the project and stated she was
familiar with the project and recognized residents that depend on trains for transportation and
felt the plan would offer jobs.
No Council action was taken.
10. Ordinance 3-09, Second Reading, amending language for the Cable Television
Franchise, Solid Waste Franchise and a new Franchise Agreement with Peoples Gas
Systems (First Reading 4/9/09)
Attorney Trela White read Ordinance 3-09 title into the record.
Mayor Watkins opened the Public hearing to Council for comments.
Vice Mayor Paterno expressed his concerns with taxing Tequesta's constituents. Attorney
White stated an amendment could be made. Mayor Watkins referenced Councils previous in
depth discussion concerning the Ordinance and was opposed to an amendment. Council
Member Turnquest voiced his concern with the tax rate. Attorney White read the changes in
language from Council's previous discussion concerning the Ordinance. Manager Couzzo
confirmed that Council would be made aware of the dates options could be exercised to make
changes.
Mayor Watkins opened the public hearing for public comments; there being none the public
hearing was closed.
MOTION: Council Member Turnquest moved to adopt Ordinance 3-09; seconded by
Council Member Arena; motion carried unanimously 4-0.
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Page 5
11. Ordinance 7-09, Second 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 (First Reading 4/9/09)
Attorney White read Ordinance 7-09 title into the record.
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 Patemo moved to adopt Ordinance 7-09; seconded by Council
Member Tumquest; motion carried unanimously 4-0.
12. Ordinance 4-09, Second 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" (First Reading 4/9/09)
Attorney White read Ordinance 4-09 title into the record.
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 Patemo moved to adopt Ordinance 4-09; seconded by Council
Member Tumquest; motion carried unanimously 4-0.
13. Ordinance 5-09, Second 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" (First Reading 4/9/09)
Attorney White read Ordinance 5-09 title into the record.
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 Patemo moved to adopt Ordinance 5-09; seconded by Council
Member Tumquest; motion carried unanimously 4-0.
14. Ordinance 6-09, Second 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
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Page 6
Located at 4390 County Line Road, Jupiter Lighthouse Academy as "Residential Low
Density" (First Reading 4/9/09)
David Dreyer, 18610 Lakeside Gardens Drive, introduced his partners and explained their
project named Hannah's Home - a place to assist young women in need, and asked Council
to postpone any decision for 30 days to allow them time to contact land use specialist.
MOTION: Council Member Turnquest moved to postpone the second reading of Ordinance
6-09 to June 11, 2009; seconded by Council Member Arena; motion carried unanimously 4-0.
Council Member Turnquest voiced his support for the group and their ventures.
Vice Mayor Paterno inquired about specific issues the group might have with zoning. Mr.
Dreyer felt they needed expert advice before he could feel confident about discussing ideas.
Attorney White explained that County zoning was in affect which was institutional at present.
Ms. Catherine Harding, Director of Community Development, referred to a previous applicant
with similarities. She explained that Hannah's Home could possibly qualify for a special
exception and stated she had no issues with the requested extension.
Mayor Watkins stated she supported the request.
Harold Taylor, 13 Chapel Court, expressed his opinion on the condition of the property with the
maintenance and asked who would take responsibility for it. Mayor Watkins noted the
maintenance responsibility would be on the owner.
15. Ordinance 8-09, First Reading, -Rezoning of Certain Real Property within the
Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located
at 725 U.S. Highway #1, Informally Known As The Rood-Williams Post 271, American
Legion Assigned the Village Zoning Designation of "C2
Attorney White read Ordinance 8-09 title into the record.
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: Council Member Turnquest moved to adopt Ordinance 8-09; seconded by Vice
Mayor Paterno; motion carried unanimously 4-0.
16. Ordinance 9-09, First Reading, -Rezoning of Certain Real Property within the
Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located
at 691 U.S. Highway #1 North, Informally Known as the Regions Bank Site Assigned
the Village Zoning Designation of "C2 -Community Commercial District"
Attorney White read the Ordinance title into the record.
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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: Council Member Tumquest moved to adopt Ordinance 9-09; seconded by Vice
Mayor Patemo; motion carried unanimously 4-0.
17. Ordinance 10-09, First Readinct, Rezoning of Certain Real Property within the
Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located
at 4390 County Line Road Assigned the Village Zoning Designation of "R1 -Single
Family Dwelling District"
Attorney White read Ordinance 10-09 title into the record.
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: Council Member Tumquest moved to adopt Ordinance 10-09; seconded by Vice
Mayor Patemo; motion carried unanimously 4-0.
NEW BUSINESS
18. Approval of Lease Agreement between the Village of Tequesta and JMZ Tequesta
Properties, Inc. to provide a Municipal Park
Manager Couzzo briefly explained the details of the lease and Attorney White noted minor
changes to the lease agreement.
Geraldine Genco Dube, 7 Country Club Drive, noted details she believed where part of the
property history. Manager Couzzo confirmed past problems with the property and explained
details of the structured lease agreement which he felt would put right the issues at hand. Ms.
Genco elaborated on her feeling regarding the property. Mayor Watkins supported the
agreement and the proposed use.
Frank D'Ambra III, 23 Leeward Circle supported the venture and felt improvement would be
preferred over the present condition. He asked about the outcome of the lease if there was no
sale within five years.
Manager Couzzo stated that the planned improvements would be done inexpensively and the
particulars of the reimbursement plan were clearly defined in the agreement.
Vice Mayor Paterno questioned the amount of reserved parking versus green space. He also
inquired on specifics of the Special Master fine assessment attached to Mr. Zuccarelli along
with the lawsuit Mr. Zuccarelli had on the Village. Chief McCollom clarified the order for the fine
had not been assessed and the lawsuit would be dropped.
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Page 8
Vice Mayor Paterno felt the Village and its resident should benefit from any appreciation on the
property. He questioned the taxable details on the property and improvements from the
Village.
Manager Couzzo explained scenarios relevant to financial responsibilities relating to the
property and its improvements. Attorney White elaborated and confirmed legal details.
Manager Couzzo noted the $125,000 cap mandated to improve the property was not an
obligation to utilize the entire amount.
Vice Mayor Paterno suggested obtaining appraisals now and at a specific point in the future to
assist in adjusting fairness with property value to both parties. Manager Couzzo stated that
was an option.
Council Member Arena clarified details of the agreement and voiced his support for the project.
He expressed feelings on recent remarks and opinions directed toward the Village; Ms. Dube
responded.
MOTION: Council Member Tumquest moved approval of the JMZ Tequesta Properties, Inc.
lease agreement as presented; seconded by Council Member Arena; motion carried
unanimously 4-0.
19. Approval of Interlocal Agreement with Palm Beach County for Tequesta Drive -
LAP Certification -Item removed from Agenda
20. Council Approval of Historic Preservation Committee Annual Appointments /
Reappointments:
• Seat 2 -Lee Resnik -Reappointment
• Seat 4 - TBA -New Appointment
Vice Mayor Paterno nominated Patricia Marie for seat 4.
MOTION: Council Member Tumquest moved approval of Historic Committee appointments;
seconded by Vice Mayor Paterno; motion carried unanimously 4-0.
21. Council Approval of Planning and Zoning Board Member Replacements and
Board of Adjustment Reappointment:
Planning and Zoning Board
• Regular Member (term ends 2/8/10)
• Regular Member (term ends 5/18/09)
• Alternate Member (term ends 9/7/09)
Board of Adiustment
• Regular Member Reappointment
Minutes -Regular Council Meeting 5/14/09
Page 9
Mayor Watkins noted the names of members and applicants.
Clerk McWilliams explained member's term dates.
Vice Mayor Paterno referenced the Village Code on a potential regulation issue. He nominated
John Terzakis to the regular full term position, Mr. Schmidt to fill the remainder of the second
regular member term and Mr. Croft as an alternate.
MOTION: Vice Mayor Paterno moved to approval of Planning and Zoning members as
nominated; seconded by; Council Member Tumquest; motion carried unanimously 4-0.
MOTION: Vice Mayor Paterno moved to approval of the reappointment of Mr. Brianza to
the Board of Adjustments; seconded by Council Member Tumquest; motion carried
unanimously 4-0.
22. Council discussion and Direction on Loxahatchee River Historical Society 150tH
Anniversary Donation Request of $8,000
Mayor Watkins noted details of the request.
Vice Mayor Paterno expressed his support for the establishment.
Council Member Turnquest motioned to contribute $4,000.
Mayor Watkins voiced her support for charitable organizations but noted her understanding
from the organization was the requested money would be used for promotions and
celebrations not designated for upkeep or maintenance; of which she did not support.
Council Member Turnquest withdrew his motion.
Mayor Watkins asked Council Member Turnquest to call Mr. Snyder and obtain updated
specifics for the requested donation.
MOTION: Vice Mayor Paterno moved to postpone item to June 11, 2009; seconded by;
Council Member Tumquest; motion carried unanimously 4-0.
ANY OTHER MATTERS
Council Member Turnquest suggested that Council offer a day for pre-teens to participate and
learn about Council activities.
Mayor Watkins suggested proceeding with fon# specifics relating to the Memorial Fountain.
Mayor Watkins offered an update on the Jupiter Inlet Colony Council meeting she and Fire
Chief Weinand attended. Attorney White noted Chapter 164 -- Dispute Resolution Process and
suggested a Special Meeting if the Jupiter Inlet Colony matter did not progress in the time
Minutes -Regular Council Meeting 5/14/09
Page 10
frames allotted. Council consensus was to schedule the Special Meeting for Wednesday May
20, 2009 at 9:00 a.m.
ADJOURNMENT
MOTION: Council Member Turnquest moved to adjourn; seconded by Vice Mayor Paterno; the
motion to adjourn carried unanimously 4-0; therefore, the meeting was adjourned at 10:00 p.m.
Respectfully submitted,
~~m~
Lori McWilliams, CMC
Village Clerk