HomeMy WebLinkAboutMinutes_Regular_07/09/2009MINUTES
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 Attornev
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 consenf 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
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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
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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 pertormance 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-D.
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 Readinq, 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.
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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
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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 5-0.
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, Counci! 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,
~~,,~ m~~Q,.:.
Lori McWilliams, CMC
Village Clerk