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HomeMy WebLinkAboutMinutes_Regular_06/11/2009MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES June 11, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:41 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 Council Member Turnquest gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Mayor Watkins noted .Items 21 and 22 were postponed to the June 23, 2009 Special Council Meeting. MOTION: Council Member Turnquest moved approval of the agenda as amended; seconded by Council Member Turnquest; motion carried unanimously 5-0. STANDING REPORTS Village Attorney Attorney White updated Council on the Growth Management Senate Bill signed by the Governor. She noted Palm Beach County would now be the Transportation Concurrency Exception Area meaning there would no longer be transportation Concurrency. She commented on developments of regional impacts and noted there were far reaching consequences, however they should not affect the Village. She invited Council to an Elected Official Workshop on June 24, 2009 in Mangonia Park from 1:30 p.m. - 4:00 p.m. • Village Manager Manager Couzzo updated Council on the bridge utility relocation project. He noted the contract was moving along and that everything on the north side was completed (not yet connected) and the force main was now being installed. He explained the contractor had requested modified work hours due to the complexity and nature of the work. He noted the Tequesta Drive bridge replacement was now more complicated due to stimulus funding and stated construction would begin on January 4, 2010 with the project managed by the State at a cost of $300,000. Council Member Turnquest asked why the State was handling the project as opposed to Palm Beach County. Mr. Couzzo responded the County was working on other projects and that by placing it with the State it would take the entire burden off the Village. Minutes -Regular Council Meeting 6/11/09 Page 2 PRESENTATIONS AND PROCLAMATIONS: 1. Presentation of Distinguished Citizens Award to Randy Cropp PRESENTED DURING THE LPA MEETING 2. Recognition of Commissioner Karen Marcus for her Continued Support of the Village and its Residents PRESENTED DURING THE LPA MEETING 3. Proclamation -National Night Out -August 4, 2009 Mayor Watkins proclaimed August 4, 2009 as National Night Out in the Village. 4. Presentation by Audit Committee; Council Selection of Audit Service Provider; Authorization for Village Manager to Enter Negotiations Mr. Frank D'Ambra, Audit Committee Member, provided an overview of the Audit Committee findings and noted the ranking as follows: Rampell and Rampell; Rachlin; and Nowlen, Holt and Miner. Vice-Mayor Paterno commented on significant differences in the oral presentation points. Mayor Watkins stated she listened to the meeting audio and asked about the initial ranking of the committee and believed Council always considered costs. She believed it was important to remain with Rachlin as they had done a good job and worked well with staff. Mayor Watkins passed the gavel to the Vice-Mayor. MOTION: Mayor Watkins moved for the Village Manager to negotiate a contract with Rachlin. Vice-Mayor Paterno inquired on why the Audit Committee discussion was one way and the final decision different to which Mr. D'Ambra explained the committee provided individual comments and then had a group discussion. He noted a host of factors was reviewed and a final ranking was completed and provided to Council. He pointed out the Committee did not want the decision to be fee driven. Council Member Turnquest asked the three firms to provide athree-minute overview to which each firm addressed Council. Vice-Mayor Paterno stated he trusted the Audit Committee and their recommendation, however agreed Rachlin had done a great job. He advised he supported the Committee recommendation and a "No" vote was not a reflection against Rachlin. Village Manager Couzzo pointed out the Village would likely be subject to a Single Audit this year and the costs would probably be higher. MOTION (Continued): seconded by Council Member Arena; motion carried 3-2 with Vice- Mayor Paterno and Council Member Turnquest in dissent. Minutes -Regular Council Meeting 6/11/09 Page 3 CONSENT AGENDA Vice-Mayor Paterno pulled Item 8 for discussion. MOTION: Council Member Tumquest moved approval of the following amended consent agenda; seconded by Council Member Humpage; motion carried unanimously 5-0. 5. MINUTES: 3/27/09 Special Meeting Minutes; 4/9/09 Regular Meeting Minutes 6. Memorandum of Understanding between the Village of Tequesta and the Palm Beach County Substance Abuse Coalition 7. Resolution 15-09, Approval of Contract between the Village of Tequesta and Phillips ~ Jordan, Inc. for Debris Removal -Contract piggybacking SWA Contract 8. Approval of General Architectural and Engineering Design Services Agreement between CH2M Hill, Inc. and the Village of Tequesta to Provide Professional Services to Evaluate the Roof Mounted A/C Equipment at Tequesta Constitution Park Recreation Center -REMOVED FROM CONSENT AGENDA 9. Approval of Interim Employment Agreement for three years for Firefighter Kellen Lewis for period 6/28/09 to 6/28/12 10. Council Acceptance of Firefighter !Paramedic Ray Giblin as the Fire Department Elected Representative of the Public Safety Pension Board - Ministerial Reappointment Only 11. Council Approval of Budget Amendments for FY 2008/2009 END OF CONSENT AGENDA 8. Approval of General Architectural and Engineering Design Services Agreement between CH2M Hill, Inc. and the Village of Tequesta to Provide Professional Services to Evaluate the Roof Mounted A/C Equipment at Tequesta Constitution Park Recreation Center Vice-Mayor Paterno pointed out the agreements included in the agenda packet were examples. MOTION: Vice-Mayor Paterno moved approval of the CH2M Hill Agreement; seconded by Council Member Humpage; motion carried unanimously 5-0. Minutes -Regular Council Meeting 6/11/09 Page 4 COMMUNICATIONS FROM CITIZENS Mr. Dennis Ward, of Riviera Beach asked Council to help convince the County that it was a bad idea to remove lifeguards from Coral Cove Park. Mr. Eric Jolly, 111 Lighthouse Circle B, commented on the recent reports indicating the Palm Beach County Commission was considering removing the lifeguard services from the North County beaches. He voiced concern with the safety of the beach goers and asked Council to write a letter of support to maintain lifeguards in the area. Consensus of Council agreed to submit a letter of support. COMMUNICATIONS FROM COUNCIL Council Member Turnquest reflected on past meetings and asked Council to be mindful of previous Council Members. He stated proper meeting protocol must be followed and noted that it appeared some residents who were past Council Members were given more leniency. Council Member Arena reviewed the past and upcoming Village events. He recognized Officer Worcester on being named Officer of the Year. Vice-Mayor Paterno commented on the tough economic times and the need for government, including Tequesta, to cut expenses. He stated the Village's personnel costs were going up asked for public input on how to hold down costs. Mayor Watkins advised Council a letter to the residents updating them on the status of the bridge was being organized. She stated she met with Connie Fisher and reminded Council there was grant money to be used for Tequesta Park. She mentioned residents had voiced strong support for the new park that was going to be created on Tequesta Drive. REGULAR AGENDA OLD BUSINESS 12. Resolution 14-09. Initiating Conflict Resolution Procedures with the Town of Jupiter Inlet Colony for Fire Rescue Services Agreement WITHDRAWN Village Attorney White suggested the Resolution be withdrawn as there had been forward movement with Jupiter Inlet Colony regarding the Fire Services contract and could bring it back in the future if necessary. 13. Council Discussion and Direction on Loxahatchee River Historical Society 150tH Anniversary Donation Request of $8,000 (Postponed from 5/14/09 to 6/11/09) MOTION: Council Member Turnquest moved approval of donating $4,000 to the Loxahatchee River Historical Society to be used for capital expenses; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes -Regular Council Meeting 6/11109 Page 5 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 Located at 4390 County Line Road, Jupiter Lighthouse Academy as "Residential Low Density" (First Reading 4/9/09 -Granted Extension to 6/11/09) 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. David Dryer and John Olson, both of Hannah's Home stated on behalf of Ms. Carol Beresford and Mr. Michael Rhodes they believed it was the right property for the project. Mr. Dryer noted Council received information on what they intended to do and provided conceptual drawings as long range plans. Mayor Watkins noted this was a hearing to adopt the proposed Ordinance and was not a hearing on Hannah's Home as it had not been through the site plan review process. There being no further comments, Mayor Watkins closed the public hearing. MOTION: Council Member Tumquest moved approval of Ordinance 6-09 on second reading; seconded by Council Member Arena; motion carried unanimously 5-0. 15, Ordinance 10-09, Second Reading, Rezoning of Certain Real Properly within the Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located at 4390 County Line Road Informally Known as the Jupiter Lighthouse Academy Property Assigned the Village Zoning Designation of "R1 -Single Family Dwelling District" Village Attorney White read Ordinance 10-09 title into the record. Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the hearing to the public for input; hearing none, she closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 10-09 on second reading; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes -Regular Council Meeting 6/11/09 Page 6 16. Ordinance 8-09, Second Readins~, -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 -Community Commercial District - (First Reading 5/14/09) Village Attorney White read Ordinance 8-09 title into the record. Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the hearing to the public for input; hearing none, she closed the public hearing. MOTION: Council Member Tumquest moved approval of Ordinance 8-09 on second reading; seconded by Vice-Mayor Patemo; motion carried unanimously 5-0. 17. Ordinance 9-09, Second 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" (First Reading 5/14/09) Village Attorney White read Ordinance 9-09 title into the record. Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the hearing to the public for input; hearing none, she closed the public hearing. MOTION: Council Member Tumquest moved approval of Ordinance 9-09 on second reading; seconded by Council Member Humpage; motion carried unanimously 5-0. NEW BUSINESS 18. Resolution 16-09, Forming a Partnership with the U.S. Census Bureau and Creating a Complete Count Committee MOTION: Council Member Humpage moved approval of Resolution 16-09 and the agreement as presented by the Village Clerk; seconded by Council Member Tumquest; motion carried unanimously 5-0. Minutes -Regular Council Meeting 6/11/09 Page 7 19. Council Approval of Budget Amendment Request to Reallocate and Adjust Insurance Premium for EMIT Property, Auto, Liability, and Workers Compensation MOTION: Council Member Humpage moved approval the budget amendment to reallocate and adjust the insurance premium for FMIT; seconded by Council Member Tumquest; motion carried unanimously 5-0. 20. Ordinance 11-09, First Reading, Amending the. Village of Tequesta Code of Ordinances at Chapter 78 Zoning for R-2 Multiple-Family Dwelling District; to provide for the Inclusion of a New Special Exception Use in this Zoning District to be Entitled "Adult Living Facility" Village Attorney White read Ordinance 11-09 title into the record. Mayor Watkins opened the hearing to Council for comments. Vice-Mayor Paterno reiterated his opposition to the Ordinance on a procedural basis and did not believe assisted living facilities should be located in residential areas and commented on R1 designation. Mayor Watkins noted R1 allowed schools and dormitories. Council Member Turquest noted the residents had agreed to the site as an assisted living facility, but stated his issue was with procedure. Mayor Watkins opened the hearing to the public for input; hearing none, she closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 11-09 on first reading; seconded by Council Member Arena; motion carried unanimously 3-2 with Council Member Tumquest and Vice-Mayor Paterno in dissent. 21. Site Plan Modification SPM 1-09 (Quasi-Judicial), Consideration of: Site Plan Modification to allow the addition of a Raised Patio and Awning at the Tequesta Country Club. Tequesta Country Club Owner -- Paul Compare Construction Inc. Applicant - POSTPONED TO 6/23/09 4:00 P.M. 22. Site Plan Modification SPM 2-09, (Quasi-Judicial), Consideration of: Site Plan Modification to allow the addition of an Outdoor Pavilion Bar for the Lobster House Restaurant.- Tamwest Realty Inc. Owner, Lobster House Applicant -POSTPONED TO 6/23/09 4:00 P.M. Minutes -Regular Council Meeting 6/11/09 Page 8 ANY OTHER MATTERS Council Member Humpage asked to discuss pension information at the Special Council Meeting. Council Member Turnquest commented on the new proposed park on Tequesta Drive and asked who would pay the taxes on the permissible structures placed in the park. Manager Couzzo explained the Village was tax exempt and Attorney White noted Mr. Zuccarelli was responsible for the property taxes. Council Member Turnquest voiced concern Mr. Zuccarelli would try to place the taxes on the Village. Vice-Mayor Paterno asked about the Declaration to Restrictive Covenants and Attorney White explained this would place a deed restriction on the property and could not be removed without the consent of Council. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn; seconded by Council Member Turnquest; 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