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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_08/13/2009MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING MAY 20, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 9:00 a.m. A roll call was taken by Assistant to the Clerk Deanna Mayo. 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., Attorney White, Assistant to the Clerk Deanna Mayo, and Department Heads. Approval of Agenda MOTION: Council Member Humpage moved approval of the agenda; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 1. Council Discussion on Fire Rescue Services Agreement with Jupiter Inlet Colony Attorney White offered a summarized history relating to the item and noted the desire to finalize the agreement in good faith and in the present budget. She confirmed the Village's plans to proceed with a dispute resolution process utilizing Florida Statute 164. Mayor Watkins and Manager Couzzo verified several attempts to meet and negotiate the agreement with the Jupiter Inlet Colony (JIC) Council members noting no advancement over the past year. Mr. John Zuccarelli, Jupiter Inlet Colony Mayor explained changes that had taken place with their meeting date and confirmed several discussions they had in reference to the subject. He noted there had been discussion regarding hiring a consultant. He believed they were advancing and felt JIC Council saw the benefits of the agreement and expressed his gratitude for the Village. Manager Couzzo suggested a draft contract be prepared using a formula that everyone would be comfortable with. Mayor Watkins reiterated the importance of rapid advancement on the agreement. Manager Couzzo confirmed that this meeting was to summarize and present intent to JIC. Council Member Humpage stated he felt the JIC should be equivalent to the fee of Tequesta resident's. Manager Couzzo felt a long term contract with equitable distribution elements defined would be better for the Jupiter Inlet Colony and would eliminate the need to re-negotiate in the near future. Minutes -Special Meeting 5/20/09 Page 2 Vice Mayor Paterno felt JIC should obligate to a negotiation commitment and felt they had avoided the issue up to this point. Mr. Zuccarelli believed they were moving forward and he felt his commissioners also desired a long term contract. Council Member Humpage questioned the process if Council approved Resolution 14- 09. Attorney White explained that Resolution 14-09 was a forced attempt to arrange negotiations and resolve issues without court action. She noted if Jupiter Inlet Colony committed to a meeting tonight; to meet within 30 days the resolution would not be needed although; she felt past attempts had been avoided. Manager Couzzo felt the past meeting with the JIC Commission illustrated their willingness concerning a joint meeting. Mr. Zuccarelli confirmed and suggested Tequesta follow through with a draft agreement, and stated he would then encourage a special meeting with his commission and would update Tequesta after. Manager Couzzo reflected on the past meetings, time frame and lack of progress. Mayor Watkins inquired on the possible issues with the attendance schedule of the colony's commission members. Mr. Zuccarelli responded that one commissioner would be away during the summer but could be reached by phone. Council Member Humpage referenced millage rates. Mayor Watkins stated the Colony was not comfortable with millage figures. Manager Couzzo noted there were alternate formulas that could be used and stated that Tequesta's goal was fairness. Mr. Zuccarelli confirmed his commissioner's were looking for clarity and comfort with the formula and expected fairness. He noted their comfort level was not with millage and were more at ease with percentages. Attorney White stated Resolution 14-09 had provisions to cover deadlines and attorney fees. Vice Mayor Paterno felt placing pressure on JIC was necessary. Mr. Zuccarelli felt they had made progress and would like to work with Manager Couzzo to deliver a draft agreement to his commissioners. Manager Couzzo suggested delivering a draft agreement within approximately ten days giving JIC sufficient time to hire a consultant if they so desire. Council Member Arena agreed with the deadline. Manager Couzzo asked Mr. Zuccarelli if he was willing to place this on his June agenda. Mr. Zuccarelli responded yes. Mayor Watkins and Vice Mayor Paterno supported a deadline. Council Member Turnquest clarified that Tequesta was merely looking for equality in rates and not covering shorts in their budget. He noted that this modification was overdue. Mr. Zuccarelli confirmed that his commissioner's desired fairness and their only concern was how the rate was established. Manager Couzzo explained that costs to Jupiter Inlet Minutes -Special Meeting 5/20/09 Page 3 Colony were based on the fire department. Mr. Zuccarelli expressed his desire to have an exact percentage of Tequesta's budget stated as a figure for JIC to pay. MOTION: Council Member Humpage motioned that Resolution 14-09 be placed on the June agenda; seconded by Council Member Tumquest. Council Member Turquest expressed his desire to be good neighbors. Vice Mayor Paterno reiterated the intentions of the Village were to proceed aggressively. MOTION: Council Member Humpage amended his motion to place Resolution 14-09 on the June 11, 2009 consent agenda with the intent of passing if JlC did not proceed forwarri; accepting the amendment Council Member Tumquest seconded the motion, motion carried unanimously 5-0. Manager Couzzo requested Mr. Zuccarelli schedule a meeting with his Council within the next two weeks. Manager Couzzo offered an update on the bridge proceedings including: • His meeting with Martin County Administrator to consider running the project. • Contracting job out would cost an additional 12%. • Drawings should be submitted by Friday. • Possibly take five to six months start to finish. • Once the job was given to another entity the Village would no longer be in control. Mayor Watkins expressed her concern with a rumor regarding possible loss of stimulus funds. Attorney White stated a specific amount of funds must be used for the project by a particular date to stay within stimulus guidelines. Council Member Arena pointed out several events that may be affected by the construction start date. Mayor Watkins suggested Council take opportunities to ask resident their preference with start dates. Dottie Campbell, 30 Eastwinds Circle, asked about the construction start date and boat inconveniences. Manager Couzzo responded the first of November would be the earliest, possibly January and explained procedures and review processes had extended the estimated start time. Vice Mayor Paterno noted river closures were not allowed. Mayor Watkins added that brief closures were permissible to assist with constructions events. Manager Couzzo stated that the State had been very cooperative. Vice Mayor Paterno asked what the rail was. Manager Couzzo explained the jersey rail was a decorative barrier between the sidewalk and the roadway. Vice Mayor Paterno asked if the charges were going to continue to rise because of State regulations. Minutes -Special Meeting 5/20/09 Page 4 Manager Couzzo responded yes and explained the positives and negatives associated with accepting stimulus funds. Ms. Campbell expressed she was not in favor of the cut back regarding Smoke Signals. Vice Mayor Paterno questioned the landscaping. Manager Couuo stated that landscaping would be done but was intentionally left out during the bid process to help reduce cost. He noted the Village was responsible for anything over the three million dollars. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 10:11 a.m.; seconded by Council Member Arena, motion carried unanimously 5-0. Respectfully submitted, Deanna Mayo Assistant to the Village Clerk MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING MAY 29, 2009 CALL TO ORDER AND ROLL CALL Recording Secretary Betty Laur called the meeting to order at 9:01 a.m. she then called the roll. Present were: 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., Attorney White, Recording Secretary Betty Laur, and Department Heads. Mayor Pat Watkins was absent. 1. Council Discussion and Possible Action on Fire Rescue Services Agreement with Jupiter Inlet Colony Manager Couzzo noted events relating to the ongoing negotiations with the Jupiter Inlet Colony (JIC). He noted Mayor Zuccarelli of JIC had presented a letter with a draft amendment from the JIC's Council for discussions with Tequesta. Chief Weinand suggested a millage formula be implemented. Council Member Arena questioned differences in figures. Chief Weinand explained that revenue for JIC should have been removed from the budget before the new millage rate was computed. Council Member Humpage inquired about past rates. Chief Weinand stated he was not employed in previous years when he believed the numbers were derived from population and/or evaluation information and noted in past meetings JIC Mayor Zuccarelli appeared comfortable with the presented 18.36% rate. Manager Couzzo explained the agreement. goal was to cover operation expenses. Council Member Humpage and Chief Weinand noted fees associated with adjacent properties and municipalities. Manager Couzzo confirmed Martin County's Station future closing and possibilities following that occurrence. Vice Mayor Paterno felt service would increase for Tequesta from that event. Chief Weinand referred to projections and technology issues that would relate to service in Martin County. Manager Couzzo stated there were many variables associated with service agreements. Vice Mayor Paterno expressed his desire to discuss formulas and asked the projected date of implementation. Manager Couzzo felt the target date would be no later than October 1, 2009. Attorney White confirmed October 1, 2009 was stated in the draft agreement. Manager Couzzo felt JIC had benefited from no increase for more than one year. Vice Mayor Paterno inquired about the expiration date of the agreement. Manager Couzzo responded 20 years. Council Member Turnquest supported for a one year retroactive date to Minutes -Special Meeting 5/29/09 Page 2 cover past delays with negotiations. Manager Couzzo stated the goal was to move forward. Council Member Arena pointed out the cost JIC residents would endure with a retroactive fee. Vice Mayor Paterno asked if an impasse occurred could a retroactive clause be implemented. Attorney White responded that would be an option. Vice Mayor Paterno felt JIC should be aware of the implications that would transpire with any delays. Council consented. Manager Couzzo advised the conflict resolution was intended to force cooperation. Vice Mayor Paterno suggested leaving the resolution in place until an agreement was certain. Council Member Arena pointed out what he believed was comfortably discussed as a formula with representatives of Jupiter Inlet Colony. Manager Couzzo confirmed 18.36 percent would be adopted into the budget as the negotiated figure and noted the number could fluctuate due to economical factors. Manager Couzzo advised that the agreement structure would be clarified for JIC. He noted that using a millage rate would be less revenue given the reduced home values at present and, using a percentage rate would be based on the cost of operation. Vice Mayor Paterno offered an alternative formula which would apply a 20.3 percent rate. Manager Couzzo suggested Council produce one draft proposal offering no alternative options. Vice Mayor Paterno added the offer should not be less than Tequesta residents were paying. Vice Mayor Paterno inquired about a new ambulance in the budget. Manager Couzzo explained the probability of an ambulance purchase. Consensus of Council was to use 20.3 percent of the fire department expenses as the fee formula to begin October 1, 2009. Manager Couzzo suggested setting a 30 day deadline for payment. Attorney White stated all details would be specified in the agreement. Vice Mayor Paterno suggested a requirement of payment due up front. Manager Couzzo stated a revised agreement would be developed for Council review. 2. 400 Cypress Drive -Code Enforcement Lien Issues Attorney White noted the inherited history on 400 Cypress Drive. She explained the Code Enforcement Lien issue was placed on Palm Corp Inc. and William Bell Construction and the Condominium Association had requested assurance from the Village stating a lien would not be placed on them for work completed. Council Consensus was to sign their release paper. 3. Updates from Village Manager Manager Couzzo offered an update on the bridge including possible scenarios which, he believed, would occur during the bidding process because of the incentive and penalty clauses Minutes -Special Meeting 5/29/09 Page 3 being offered. Council Member Arena inquired if the bridge expenses would raise the Jupiter Inlet Colony (JIC) payment. Manager Couzzo replied yes. Vice Mayor Paterno clarified overtime expenses associated with the project would change JIC's fee as well. Manager Couzzo confirmed the formula for JIC was related solely to the budgeted expenditure figure. Chief McCollom offered an update on the bridge utility project. He stated the job was going very well and noted items which Mr. Russell White, Public Services Manager, had negotiated. He advised that the utility project could be completed within three weeks. 4. Other Business Manager Couzzo discussed the following items: • Naming the new Park on Tequesta Drive. • Park funding identified and discussion of such at the upcoming June meeting • $125,000 contract cap for park expenses. • Obtaining an engineered park drawing. • Budget and June 23, 2009 budget meeting. • Receipt of the final County Property Value Assessments. • Health Insurance evaluation. • Investigating existing Pension Funds versus 401 k hybrid or 401 k • Possible revenue items. • Possible installation agreement from AT&T for a Cell Tower. • Utility rate adjustment. • Addition of a third train at the RO Facility. Council Member Arena inquired about lost revenue. Manager Couzzo replied that the Village was down approximately $30,000 - $40,000 of revenues which would have increased the reserves. He felt the Village had not increased rates for an extended period and that may put them in the position of implementing a larger increase in the future. He noted there were sufficient reserves for the addition of a third train. Manager Couzzo provided an update on the County Line Road property. He noted that Mr. Bourassa had filed a text amendment application and noted there was not a formal land use designation on the property at present. He stated the issue would be scheduled on the June 11, 2009 meeting. Attorney White noted the second reading for the Comprehensive Plan would be on the July, 2009 meeting. Manager Couzzo noted Council would make its ruling on the land use designation at that meeting. Council Member Arena voiced his support and felt the majority of Council and residents also showed support for the Assisted Living Facility presented by Mr. Bourassa. He also noted Mr. Bourassa's cooperation with the Village's requests. Manager Couzzo commented on two site plan amendments: The Tequesta Country Club was requesting a patio extension; and the Lobster House an outside bar. He explained that the Minutes -Special Meeting 5/29/09 Page 4 Community Development advertisements were not sufficient and stated he would go to the two businesses to explain the inaccuracy and expedite reconsideration for their requests. Council Member Turnquest questioned the start date of the bridge. Manager Couuo replied that it could begin as early as October. Council Member Humpage reported he had surveyed residents and the majority preferred January as a start date. He noted holidays which would incur additional overtime with a November start date. Council Member Arena voiced his concerns with recent police activity logs involving golf cart incidents. Chief McCollom noted they were juvenile involved cases and explained their procedures. He reassured that residents would not be affected negatively with golf cart restrictions. Vice Mayor Paterno offered a handout from the pension plans editorial studies and voiced his concern with changes and fees. He referred an area of concern to Ms. JoAnn Forsythe, Director of Finance. Ms. Forsythe offered her opinion. Vice Mayor Paterno pointed out percentages in the report and asked Manager Couzzo to respond. Manager Couzzo advised that changes with assumptions would change costs. Vice Mayor Paterno discussed changes in the mortality rates including additional required payments associated with the changes and noted contract negotiations affecting the budget. Manager Couzzo stated he would bring a new plan option for Council consideration and felt it would offer a significant and positive impact. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 11:06 a.m.; seconded by Council Member Turnquest, motion carried unanimously 4-0. Respectfully submitted, Betty Laur Recording Secretary MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY June 11, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:16 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena and Council Member Calvin 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 absent APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5-0. NEW BUSINESS Mayor Watkins noted this was a Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 11-09, 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" Mayor Watkins opened the hearing and asked for comments; there being no comments the hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 11-09; seconded by Council Member Turnquest. Council Member Humpage summarized the numerous times the item was discussed and believed this was the best use for the land and suggested moving forward. Vice-Mayor Paterno asked the Village Attorney if this would be a commercial use; the Village Attorney stated no the smaller ones were considered residential and larger ones could be in commercial or residential zones. She noted this would be limited to 12 units an acre and commercial was limited to 24 units per acre. Vice-Mayor Paterno clarified this was considered a business and Attorney White replied it was a facility that was run by a company, however was a residential use. Vice-Mayor Paterno remarked personal care under state statute. Attorney White affirmed the company had to be licensed by the State. Vice-Mayor Paterno referred to Table FLU 1 and suggested the current proposal would be in conflict with the Comp Plan since residential R2 was recommended and did not include business or commercial use. Village Attorney White explained the applicant applied for a Comp Plan Amendment on the recently annexed property; and he applied for the Residential Medium Density. She stated it Local Planning Agency July 9, 2009 Page 2 of 3 would be returned from the State on June 16. Vice-Mayor Paterno countered that the current Comp Plan stated it was residential. Attorney White acknowledged that this was considered residential use; Vice-Mayor Paterno disagreed and believed it was a commercial business and referred to state statute and being in conflict with the Village Comp Plan. He felt a business could not be located in a residential neighborhood; and pointed out Section 1.30 prohibited a land use inconsistent with community character and future land use; and observed that commercial developments should be developed in a manner compatible and serve community needs by restricting the location of those areas indicated on the Future Land Use Map 1.37 - meaning a commercial use could not be placed in a residential area. Additionally, he believed Section 1.135 as proposed for amendment stated was to maintain a residential density in accordance with the standards prescribed in Table FLU 1 and the Land Development Regulations making the proposal in conflict with the Comp Plan. He indicated Policy 1.32 required the Village to maintain the quality of existing single-family neighborhoods by prohibiting commercial and high density residential development in these areas. He referred to Code 78.31 and that any changes to Code needed to be in accordance with the Comp Plan, and, therefore commercial businesses were not allowed in residential areas. Village Attorney White confirmed this was a residential use, owned and operator by an individual, a partnership or facility. She revealed that group homes, marina facilities, foster care facilities, nurseries, private kindergartens, and day care centers were currently allowed in the R2 Zoning District, and all were considered businesses. She clarified this was a residential use and noted that some of the larger living facilities could be allowed in C2 as well; and concluded that she did not believe it was in conflict with the Comp Plan; however, it was certainly discretionary if Council wished to allow this as a special exception use in the zoning district, but not prohibited by the Comp Plan. Council Member Turnquest believed the Village Attorney was qualified to interpret Ordinances and Code and did not believe the assisted living facility (ALF) would be in conflict with the R2 zoning. He stated his conflict was with the application for the text amendment when the business with the State had not been concluded. Attorney White noted they were two separate issues and summarized the processes. Council Member Turnquest believed it would have been prudent for the applicant to have applied after receiving the Comp Plan approval from the State, to which Attorney White stated it did not make a difference as long the applicant understood no final decision would be made until July. Vice-Mayor Paterno agreed with Council Member Turnquest. Mayor Watkins clarified that adult living facilities and ACLF's were different as one was medical in nature. She commented that Council had been discussing this issue and has had ample time to visit the property, to meet with the residents and hold workshops. She believed the residents were comfortable with the ALF and felt the appropriate steps had been taken to notify, inform, research and reach individual conclusions. Vice-Mayor Paterno reiterated that he believed this was in conflict with the Comp Plan. Local Planning Agency July 9, 2009 Page 3 of 3 Council Member Humpage understood Council Member Turnquest's comments, however Council was not committing to a special exception, which would occur at second reading and believed the Village had completed ample research. Detailed discussion took place on sta#e law. The hearing was opened to the public. Mr. John Bourassa stated he did not want to waste another month and was trying to go through the HUD program-, which takes several months. He noted this was the first reading of a text amendment that applied to all R2 not for this single property and that second reading would only have to do with text amendment to that zoning regulation and not his property; however, that is where it initially initiated. Council Member Turnquest believed this would set precedence for future applicants to submit their applications early, to which Mr. Bourassa interjected that any applicant could request a text amendment and could be denied - it was not permitting him to do anything on the property. (Continuation of motion) The motion carried 3-2 with Vice-Mayor Patemo and Council Member Turnquest in dissent. ADJOURNMENT MOTION: Council Member Turnquest moved to adjourn the meeting; seconded by Council Member Humpage The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 7:41 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY July 9, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:04 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena and Council Member Calvin 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. absent APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest motion carried unanimously 4-0. NEW BUSINESS Mayor Watkins noted this was a Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 12-09. -Rezoning Certain Real Property within the Corporate Limits of the Village of Tequesta; which property consists of Eight 8.Ot Acres of Land Recently Annexed into the Village Located at 4534 and 4546 County Line Road, Informally Known as the Old Rood Landscaping Site; Herein Shall be Assigned the Village Zoning Designation of "R2 -Multiple Family Dwelling District" Mayor Watkins opened the meeting to the public for comments. Vice-Mayor Paterno reiterated his position that the property should be R1 for consistency with the community. Village Attorney White noted this was a quasi judicial hearing and that Council should disclose exparte communications. Council Member Humpage noted he had a conversation with Mr. Bourassa a couple days ago and had requested to view a copy of the deed restriction. He also met with the Homeowners Association. Vice-Mayor Paterno spoke with Mr. Bourassa many months ago. Mayor Watkins stated she attended the meeting held with the residents and viewed the property and showed the residents of Riverside Oaks the proposed declaration. Council Member Turnquest stated he toured the property. Hearing no further Council comments, she opened the hearing to the public. There being no public comment, the hearing was closed. Local Planning Agency May 14, 2009 Page2of2 MOTION: Council Member Humpage moved approval of Ordinance 72-09, seconded by Council Member Tumquest; motion carried unanimously 4-7 with Vice-Mayor Patemo in dissent. ADJOURNMENT MOTION: Council Member Tumquest moved to adjourn the meeting; seconded by Council Member Humpage The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 7:09 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES July 9, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:09 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Humpage, 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. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Arena gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Council Member Humpage noted he had three items to discuss under Any Other Matters. MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5-0. PRESENTATIONS AND PROCLAMATIONS: Jupiter Inlet Offshore Fishing Club members Allan Tiburzi, Don Pepin, and Club President Scott Lafue thanked Council Member Arena for helping Tequesta students participate in the 2009 Dolphin Challenge and stated their club won the "Boat with the Most Fish." He presented Council with a traveling trophy. STANDING REPORTS • Village Attorney Attorney White was pleased Vice-Mayor Paterno and Community Development Director Catherine Harding attended the elected official workshop. She provided an update on Senate Bill 360 and stated the Bill was undergoing analysis by various groups and a determination on how to apply to cities was being discussed. Village Manager Manager Couzzo explained the Tequesta Bridge utility replacement project was nearing completion. He noted construction on the bridge was set to begin January 4, 2010 and working through the process with the FDOT had been challenging. He recognized the Police Chief and Attorney White on their diligent efforts and mentioned the time line to complete the bridge would be longer than anticipated and costs had increased. CONSENT AGENDA MOTION: Council Member Turnquest moved approval of the following consent agenda; seconded by Council Member Humpage; motion carried unanimously 5-0. 1. MINUTES: 6/11/09 Regular Meeting Minutes END OF CONSENT AGENDA Minutes -Regular Council Meeting 7/9/09 Page 2 COMMUNICATIONS FROM CITIZENS Marsha Nielson asked Council to consider planting native plants and suggested obtaining recognition from native plan organizations as an incentive. Nicole Christian, Northern Palm Beach Chamber of Commerce, provided a handout and explained they were creating a North County Economic Development Advisory Board to augment the services of the Business Development Board and to promote Northern Palm Beach County to prospective new businesses. She asked for support from the Village Council. COMMUNICATIONS FROM COUNCIL Vice-Mayor Paterno .explained the County taxed each resident - incorporated and unincorporated - at the same rate. He noted the Village residents pay the same amount to the County as the unincorporated residents for services. He suggested Council consider submitting a proposal to the state legislature to reduce the Village's tax rate. Mayor Watkins suggested. creating an exploratory committee. Council Member Turnquest stated this amounted to dual taxation. He commented on resident complaints and asked that residents not withhold information when contacting him so that he could assist to the best of his ability. Council Member Humpage mentioned the Vice-Mayor's comments at a recent workshop regarding dual taxation sparked his interest. He pulled the tax information of a Bermuda Terrace resident, compared it to his, and noted the Village residents paid the same amount as unincorporated neighbors for the Sheriff's Office services; however, the Village provided its own law enforcement protection. He noted the Sheriff's Office services were necessary on occasion and suggested a prorated figure. He agreed the Vice-Mayor should spearhead the issue and suggested he work with the Village Attorney to present a legislative proposal. Council Member Arena reviewed the following events and services: Tequesta Baptist Church participated in a missionary mission in Jamaica; hurricane information on website was updated; letter from FEMA regarding flood insurance; Village Manager negotiated a $20,000 savings for audit services; election to fill Senate vacancy; surrounding area tax hikes and layoffs; FPL raising rates for unincorporated area; bridge statistics he saw on the History channel; officer nautical club; recognized Mr. Black, owner of Grand Slam Tackle Shop who donated $5,000 to the nautical club; police blotter; no wake zone except in marked channels; and the Second Chance Operation project. Vice-Mayor Paterno noted the state planned to mark the channels and place oyster beds near Ms. Campbell's house. He commented on information the county supplied noting they had increased taxes over the past four years by 50% and that the Palm Beach County Sheriff's Office accounted for 50% of the County budget. Mayor Watkins pointed out the chairs in the lobby were part of of "CHAIRity" fundraiser, one of which was painted by Betty Laur. She complimented Chief McCollom and the Village Manager for their hard work and diligence on the bridge and working their way through the red tape. She stated the timeline appeared to be seven months, however the Manager was trying to negotiate this down; it was out of the control of the Village. She mentioned the Operation Minutes -Regular Council Meeting 7/9/09 Page 3 Second Chance would be an ongoing project and stated the soldiers were thankful their families were involved. -She reminded the residents of the budget process and commented the Village was in a position reaping the fruits of past efforts of the Manager, Council, and Department Heads. She took a quick survey of the audience on their preference for a hard copy of Smoke Signals of which five preferred the hard copy; several residents in attendance stated they do not have access to the Internet and that it simply was not the same. Village Manager Couzzo stated he received correspondence from the State that they had re- evaluated the bridge construction timeframe and added forty days to the schedule for a total of 231 days. He suggested Council consider additional incentives from two months to three months in order to expedite the bridge project; this would equate to $2,000 per day. Council agreed to extend the incentive to three months. Manager Couzzo relayed the new price estimate to build the bridge was $3.6 million. He mentioned possibly needing the services of the Palm Beach County Fire Department and Station 11 to provide services on the other side of the bridge during construction. REGULAR AGENDA NEW BUSINESS 8. Ordinance 14-09, First Reading, Amending Exhibit "A" of Section 2-30 of Code of Ordinances relating to the General Employees' Pension Trust Funds to Expand the Investment Provisions Village Attorney White read Ordinance 14-09 title into the record. Pension Coordinator McWilliams noted Mr. Carl Hansen, General Pension Board member was in attendance, and Chair Rhodes and Pension Attorney Jensen were unable to attend due to prior obligations. She explained they both would attend the August meeting to respond to Council questions. Ms. McWilliams stated that during the February 2, 2009 pension meeting, it was recommended by the General Employee Pension Board that they break out the international segment of the portfolio to allow for investments that were more diverse. She advised the agenda packet included suggested changes that Chair Rhodes had recommended as well as the June meeting minutes outlining the Board's proposed changes. She pointed out there was a "no cost impact statement" from that Actuary included. Vice-Mayor Paterno asked about the change regarding foreign securities from 2% to 20% on page 5 and believed this was a large increase. Ms. McWilliams believed it stated 20% not 2%. She stated the backup to the Ordinance included what was approved for change by the Pension Board. Mr. Hansen stated the proposal was that instead of having one fund it would be split into two funds; one for domestic and one for foreign investments. He explained that previously it was Minutes -Regular Council Meeting 7/9/09 Page 4 that 10% should be outside US funds and now the range would be from 0% to 25% that could be considered, but not exceeded. Village Manager Couzzo asked if the target was 10% to which Mr. Hansen confirmed that was correct. Mr. Hansen stated the Board was fortunate to have Mr. Rhodes as the Chair as he was the Chief Financial Officer for amulti-national corporation. Mayor Watkins clarified that on page twelve of the Ordinance backup, 10% was allowed in foreign investments and it was being changed to 25%. Manager Couzzo believed that the target was 10%, but that it could go up or down. Mr. Hansen commented that it was about 10% before and now they would be willing to go between 0% and 25% to allow for more latitude. Mr. Couzzo stated money managers believed there was more opportunity in the international funds than in the domestic funds and if limited to domestic funds the portfolio might not be able to meet the performance levels of the assumptions. Vice-Mayor Paterno asked if there was a 60/40 split on the stocks and bonds; Mr. Hansen concurred. Vice-Mayor Paterno stated it was 25% of 60% because 40% had to stay in bonds. Mr. Hansen stated it was roughly 60% in securities and maybe 35% - 38°~ in bonds and 2% in cash. Vice-Mayor Paterno asked if the 25% was of the 60% or of the total to which Mr. Hansen believed it was of the total. Vice-Mayor Paterno stated he was not crazy about foreign bonds. Manager Couzzo extended his thanks to the pension board and believes they have done a good job with the general fund. Vice-Mayor Paterno commented that Council's contribution to the general pension fund was approximately 8% as opposed to the public safety pension and believed that what general was doing was working. MOTION: Council Member Turnquest moved approval of Ordinance 14-09 on first reading; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 2. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2009/2010 at a rate of 5.7671 Mils per $1,000.00 of assessed value and setting the Budget Public Hearings as follows: September 3, 2009 - 5:30 p.m. -Approve Tentative Budget; and September 10, 2009 - 7:00 p.m. - Approve Final Budget MOTION: Council Member Humpage moved approval of setting the proposed Ad Valorem Millage Rate at 5.7671 mills and setting the public hearings for September 3, 2009 at 5:30 p. m. and September 10, 2009 at 7:00 p. m.; seconded by Council Member Turnquest; motion carried unanimously 5-0. Minutes -Regular Council Meeting 7/9/09 Page 5 3. Council Approval of ATT Cell Tower Agreement between the Village of Tequesta and New Cingular Wireless PCS, LLC Village Manager explained the agreement provided for an alternative funding source without going to the taxpayer. Mr. Gary Kissel, agent for AT&T, provided a handout and reviewed the propagation maps. Mr. Couzzo stated the lease was structured as a five-year renewable lease with a prepayment of five years up front; however, the funds could only be used on an annualized basis. Vice-Mayor Paterno clarified the lease could automatically renew for four additional five year terms; to which Mr. Couzzo confirmed. Vice-Mayor Paterno asked if AT&T could sub-lease to other wireless companies and Mr. Kissel affirmed that was correct. Vice-Mayor Paterno noted other leases allowed for the Village to receive revenue from other wireless companies that would sublease the antenna. Attorney White stated the Village could assign the agreement to another company if AT&T was sold and only the Village could allow a sublease. She advised the Village had the right to co-locate with another company and AT&T was only allowed to place their equipment on the antenna. Council Member Turnquest pointed out that Item 16 of the lease stated, "Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein..." Mr. Couzzo clarified that AT&T, under the existing terms and conditions of the lease, could sell to "Mike's Cellular" and "Mike's Cellular" could then occupy the terms, conditions and the space. Vice-Mayor Paterno asked if Verizon could locate on the flagpole antenna, which was on Village property, and Attorney White advised the Village would have the right to have its own contract and that it was not up to AT&T to have a contract with another provider unless they wanted to assign their lease. Council Member Turnquest clarified the only way AT&T could assign the agreement was if they were sold to another provider and Attorney White agreed it would be under these same terms and conditions; and the Village could enter into a different agreement with another provider. She stated it would be up to the Village if a co-location would be allowed. Mr. Couzzo explained the agreement allowed for the American flag to be flown on the flagpole; however it was acceptable for the Village to fly the Village flag at the Village's expense. Attorney White stated the Village could not lease to another entity without notifying AT&T and it could not interfere with its signal for a co-locater as outlined in paragraph 22. MOTION: Vice-Mayor Paterno moved approval of the AT&T agreement; seconded by Council Member Turnquest, motion carried unanimously 5-0. Minutes -Regular Council Meeting 7/9/09 Page 6 4. Ordinance 1-09, Second Reading, Adopting a 10 Year Water Supply Work Plan; Providing for Adoption of Amendments to the Comp Plan; and Providing for the Intergovernmental Coordination of the Regional Water Supply Plan (First Reading 3/27/09) Attorney White read Ordinance 1-09 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 Turnquest moved approval of Ordinance 1-09 on second reading; seconded by Council Member Humpage; motion carried unanimously 5-0. 5. Ordinance 23-08. Second 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 (First Reading 12/11/08) Attorney White read Ordinance 23-08 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 Turnquest moved approval of Ordinance 23-08 on second reading; seconded by Council Member Humpage; motion carried 4-1 with Vice-Mayor Paterno in dissent. 6. Ordinance 12-09, First Reading, Rezoning Certain Real Property within the Corporate Limits of the Village of Tequesta; which property consists of Eight 8.0± Acres of Land Recently Annexed into the Village Located at 4534 and 4546 County Line Road, Informally Known as the Old Rood Landscaping Site; Herein Shall be Assigned the Village Zoning Designation of "R2 -Multiple Family Dwelling District" Attorney White read Ordinance 12-09 title into the record. Mayor Watkins opened the hearing to Council for comments; hearing none, she opened the hearing to the public for comments. Ms. Joanne Brooks, 128 Magnolia Way, advised the surrounding residents and neighborhoods were not notified of the issue being on the agenda as was previously promised. Village Manager Couzzo assured Ms. Brooks additional notifications would be provided. Minutes -Regular Council Meeting 7/9/09 Page 7 There being no further public input, the Mayor closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 12-09 on first reading; seconded by Council Member Turnquest; motion carried 4-1 with Vice-Mayor Paterno in dissent. 7. Ordinance 11-09, Second 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" (First Reading 6/9/09) Attorney White read Ordinance 11-09 title into the record. Mayor Watkins opened the hearing to Council for comments. Council Member Turnquest clarified this would allow an assisted living facility (ALF) in every R2 area since it was similar to multi-family living. Attorney White confirmed it was considered a residential use and a special exception use, which must be applied for; it was not automatic. She noted a site plan review was required and contained the special exception criteria with findings that must be met by Council in order for a special exception to be granted. Council Member Humpage reflected. for the record that there was a deed restriction, Declaration of Restrictive Covenant that would be attached to the property. Attorney White confirmed the signed deed would be held in escrow until such time as the property was rezoned to R2; which would be in August. She explained development would be restricted on the property to an ALF with a maximum of two stories in height, a maximum of 96 units, and subject to any other governmental approvals that would be necessary.. Should the property fail to be developed as an ALF it would be restricted to a maximum of 50 units. Vice-Mayor Paterno provided handouts of Village Code Sections 78-143 and 78-177. He commented on setbacks for ALF's and suggested changing the ALF setbacks. He asked Council to consider how much land was needed for an ALF to be built in R2 as a whole. Mr. Couzzo stated it could be done within the Code or during the site plan process, which .would only be specific to the individual site plan. Attorney White agreed it could be included in the special exceptions section for ALF's and that it would not apply to the other uses. Mayor Watkins opened the hearing to the public for comment. Mr. John Bourassa asked the Village Council to approve the ordinance as presented and consider the text amendment later. Minutes -Regular Council Meeting 7/9/09 Page 8 There being no further comments, the Mayor closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 11-09 on second reading; seconded by Council Member Humpage; motion carried 4-1 with Vice-Mayor Paterno in dissent. 8. Ordinance 14-09, First Reading, Amending Exhibit "A" of Section 2-30 of Code of Ordinances relating to the General Employees' Pension Trust Funds to Expand the Investment Provisions MOVED TO FOLLOW CITIZEN COMMUNICATIONS ~~~-i~~a~° 7 C_A~ Ciwc~~. dirp'rrtq-Arn p,}j~Qe~n, einn Tn i~~ C~ inr! fn REMOVED FROM AGENDA a..~~~nnnnn ~7_A~ Ciw~+ CA~cnrlinn +ho (_`oner.~l Cmn o Tr c~ C~~nrl fn .-.~.~~-~-r-.,~ ~-.- as~e~-,Tee-~-~-~o ~~~2--~a~l~ef~ ~~ih ~ ~{-e~ f~n,rr_~ho \/ill~no Cnllr~,~iinn RcriT°v-~m-roncrtraT°c dffnrnovfTAR ~rn REMOVED FROM AGENDA 11. Ordinance 16-09, First Reading, Amending Section 22-51 to Remove Reference to the Requirement that "No two Board Members coming from the same homeowners', condominium or community association." Attorney White read Ordinance 16-09 title into the record. Mayor Watkins opened the hearing to Council for comments; hearing none she opened the hearing to the public. Mr. Bernard Ward, Starboard Way, asked how this would affect the Board of Adjustment members who lived within the same community. Clerk McWilliams noted the amendment only applied to the Planning & Zoning Board as they were the only board /committee with the restrictive language. There being no further comments, the Mayor closed the public hearing. MOTION: Council Member Turnquest moved approval of Ordinance 16-09 on first reading; seconded by Vice-Mayor Paterno; motion carried unanimously 5-t7. Minutes -Regular Council Meeting 7/9/09 Page 9 12. Resolution 21-09. Increasing the 2008/2009 General Fund Budget for Additional Contribution to the Public Safety Pension Trust Attorney White read Resolution 21-09 title into the record. MOTION: Vice-Mayor Paterno moved to table the Resolution until after 10/1/09; seconded by Council Member Humpage. Vice-Mayor Paterno felt it would be more appropriate included within the 2009/2010 budget cycle. Detailed discussion took place. Council Member Humpage withdrew his second to the initial motion; Vice-Mayor Paterno withdrew his motion. MOTION: Council Member Humpage moved to approve the Resolution and allocate $270, 000 into the budget; the motion failed for lack of a second. After considerable discussion, Council took a break at 10:02 p.m. The meeting reconvened at 10:09 p.m. Mayor Watkins suggested reconsidering the Resolution at the August Council Meeting and asked Council to each speak with the Village Manager. MOTION: Vice-Mayor Paterno moved to table Resolution 21-09 to the August 13, 2009 Council Meeting; seconded by Council Member Humpage; motion carried unanimously 5-0. 13. Resolution 20-09, Amending Resolution 07-07/08 a Public Records Policy and Setting a Uniform Fee Schedule for Public Records Inspection /Duplication Village Attorney White read Resolution 20-09 title into the record. MOTION: Council Member Turnquest moved approval of Resolution 20-09; seconded by Council Member Humpage; motion carried unanimously 5-0. ANY OTHER MATTERS Council Member Humpage commented on the Tequesta Park grant and noted he received prices to replace the fixtures at the basketball court and provided a handout with an estimate. Consensus of Council agreed to discuss the fixture replacements during the August Council meeting. He mentioned the Public Safety Memorial groundbreaking would take place on September 10, 20009. He suggested Council look at the C2 and C3 zoning issues and Mr. Couzzo suggested Council look at the Code and forward their suggestions to his office. Mayor Watkins provided a business card to the Village Clerk from an etching company and asked her to obtain quotes for fonts and submit to Council. Minutes -Regular Council Meeting 7/9/09 Page 10 ADJOURNMENT MOTION: Council Member Turnquest moved to adjourn; seconded by Council Member Humpage; the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 10:40 p. m. Respectfully submitted, Lori McWilliams, CMC Village Clerk