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HomeMy WebLinkAboutMinutes_Special Meeting_06/23/2009MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING JUNE 23, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order at 4:00 p.m. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Turnquest who arrived at 4:02 p.m. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk McWilliams, and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved to approve the agenda as submitted; seconded by Council Member Arena, motion carried unanimously 4-0. 1. Minutes: 5/14/09 Regular Council Meeting; 5/14/09 LPA; 4/29/09 Workshop MOTION: Council Member Humpage moved to approve the minutes submitted; seconded by Council Member Arena, motion carried unanimously 4-0. 2. 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. Attorney Davis noted ex parte communications should be disclosed. Council Member Turnquest arrived. Council Member Humpage stated he had spoken to the contractor. Vice Mayor Paterno stated he was a member and had spoken to the president. Attorney Davis responded to questions concerning ex parte from the two Council members asked. Mayor Watkins opened the public hearing for public comment. There being no further comments the public hearing was closed. MOTION: Council Member Arena moved to approve the Site Plan Modification to allow the addition of a raised patio and awning at the Tequesta Country Club. Motion was seconded by Council Member Turnquest, motion carried unanimously 4-0 with Council Member Humpage abstaining. 3. 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 Minutes -Special Meeting 6/23/09 Page 2 Attorney Davis noted ex parte communications should be disclosed. There were no ex parte communications. Ms. Catherine Harding, Director of Community Development, stated the area required screening/ landscaping before approval. Vice Mayor Paterno voiced his concern. Ms. Harding also noted the kitchen was the main portion of the Lobster House's business; therefore, the bar would not be permitted to serve alone. Mayor Watkins opened the public hearing for public comment. There being no further comments the public hearing was closed. MOTION: Council Member Humpage moved to approve the Site Plan Modification to allow the addition of an outdoor pavilion bar for the Lobster House Restaurant. Motion was seconded by Council Member Arena, motion carried unanimously 5-0. 4. Council Approval of Three Year Engagement Letter with Marcum Rachlin to Perform Audit Services for the Village of Tequesta for Fiscal Years 2009, 2010, and 2011 Vice Mayor Paterno questioned a misprinted figure. Manager Couzzo confirmed $63,560 was the correct amount and noted his negotiations. ` MOTION: Council Member Humpage moved to approve the three-year engagement letter with Marcum Rachlin to perform audit services for the Village of Tequesta for Fiscal Years 2009, 2010, and 2011. Motion was seconded by Council Member Tumquest, motion carried unanimously 5-0. 5. Resolution 18-09, Council Approval of District Four Maintenance Memorandum of Agreement for Tequesta Drive Bridge Replacement from Pine Tree Drive to W. Riverside Drive - FDOT FM # 426480-1-52-01 Attorney Davis read Resolution 18-09 title into the record. Manager Couzzo offered an update on stimulus funds of three million the Village would receive toward their bridge project. He explained the procedures attached to the project. Mayor Watkins opened the public hearing for public comment. There being no further comments the public hearing was closed. MOTION: Council Member Humpage moved to approve the District Four Maintenance Memorandum of Agreement for Tequesta Drive Bridge Replacement from Pine Tree Drive to Minutes -Special Meeting 6/23/09 Page 3 W. Riverside Drive - FDOT FM #426480-1-52-01. Motion was seconded by Council Member Tumquest, motion carried unanimously 5-0. 6. Resolution 19-09, Amending the 2009/2010 Capital Improvement Fund Budget by Appropriating $100,000.00 of Unreserved, Undesignated Fund Balance for the FRDAP (Florida Recreation Development Assistance Program) Grant for Improvements to Tequesta Park Attorney Davis read Resolution 19-09 title into the record. Manager Couzzo offered an update on the non- matching grant monies of $15,000 toward the Master Plan with a remaining balance of $85,000 to be used for park improvements before April 10, 2010. Council Member Arena suggested housing fire department interns on the property. Manager Couzzo felt the concept could be investigated. Council consensus was to improve upon neglected areas and, if monies were remaining additional improvements could be decided on. MOTION: Council Member Tumquest moved to approve amending the 2009/2010 Capital Improvement Fund Budget by appropriating $100,000.00 of Unreserved, Undesignated Fund Balance for the FRDAP (Florida Recreation Development Assistance Program) Grant for Improvements to Tequesta Park. Motion was seconded by Council Member Humpage, motion carried unanimously 5-0. 7. Approval of Agreement between the Village of Tequesta and Roy Fisher Associates to Complete the Master Plan for Tequesta Park Council Member Humpage suggested the figure of $85,268 be apparent on the paper work. MOTION: Council Member Humpage moved to approve the agreement between the Village of Tequesta and Roy Fisher associates to complete the Master Plan for Tequesta Park. Motion was seconded by Council Member Arena, motion carried unanimously 5-0. 8. Discussion Regarding Public Safety Pension Actuarial Report and Alternative Considerations Village Manager Couzzo referred to the actuarial report and explained the suggested modifications and the history of the funding principal. Frank D'Ambra, 23 Leeward Circle, offered his expertise. Minutes -Special Meeting 6/23/09 Page 4 Manager Couzzo stated there were present issues including labor contracts in the plan and felt they should be addressed in this year's budget. Council Member Humpage suggested setting up a fund similar to the hurricane fund to help with difficult economic times and pension contributions. Village Manager Couzzo suggested funding the 27.2% in this year's budget. 9. Budget Planning and Strategy Session Manager Couzzo discussed: • Reduced property values and interest rates. • Millage rate remaining the same. • Three million in stimulus funds for the bridge. Along with revenue producing items such as: • AT&T Cell Tower. • Jupiter Inlet Colony Negotiations. • Palm Beach County Fire Rescue. Vice Mayor Paterno questioned the departmental budget cuts. Mayor Watkins felt continually cutting services would be detrimental and felt the reserves were too large. She voiced her support for leaving the millage rate. Manager Couzzo noted he had asked department heads to reduce their budgets by three percent. Council Member Arena voiced his support on keeping National Night Out. Frank D'Ambra suggested only utilizing reserves for capital improvements and noted the bridge project could incur additional costs. He believed residents could be resentful if the Village appeared to be frivolous. Manager Couzzo pointed out facts concerning future relationship possibilities with annexed areas. Vice Mayor Paterno elaborated. Mayor Watkins confirmed Council Consensus of no millage increase. Manager Couzzo questioned direction on water rates. Mayor Watkins suggested a slow increase now in preference to a large increase next year. At the request of Council Member Arena staff expressed their desired items to be added back into their budgets. Minutes -Special Meeting 6/23/09 Page 5 Manager Couzzo noted department heads had cut over $400,000 cumulative expenses. 10. Discussion of Name for Newly Created Park on Tequesta Drive Council consensus was to hold a contest with the Parks and recreation camp children and to award $100.00 for the best name. 11. Discuss and Approve Setting the 2009/2010 Budget Meeting Dates: Mayor Watkins noted proposed meeting options and asked if there were any conflicts. Manager Couzzo questioned the bridge budget and noted it would not affect the millage rate. Council discussed the unknown factors of the bidding process and agreed to wait until October on the bridge budget meeting. 12. Updates from Village Manager Manager Couzzo noted that Mr. Russell White, Public Services Manager, would retire and noted the guidelines of his retirement and possible return. He then suggested the Pension Ordinance be modified. Manager Couzzo updated Council on the utility relocation assignment. Manager Couzzo and Chief McCollom offered additional information on the bridge project. 13. Any Other Business Mayor Watkins informed Council on the State Attorney Advisory Board meeting. Adjournment MOTION: Council Member Humpage moved to adjourn the meeting at 7:26 p.m.; seconded by Council Member Arena, motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDR S 5 ~ O r+ ~OV~r THE BOARD, C UNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF CITY COUNTY ITY O COUNTY ^ OTHER LOCAL AGENCY ~ p ~ _ A1E OF POLITICAL SUBDIyrISIQ1Jl: ~ U~S ~ U.J m l3 e~h ~ Ia L Dt I ~ v~ DATE WHICH VOTE O CURRED f ~~ ~~ MY POSITIO S ~-l~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-taw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1 /2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ____ _ I,~i~6~~'y~~.1 ~ t ~/~~~.>t~L~~ _ ,hereby disclose that on ~~ /i~~c- ~~ , 20 ~~ ~j (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or Toss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained: or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~~J-J~.:C~~l~ L ~ ~ ! //~~ ~~i~~ L Ci~~;~~'.-/C i c .t; /~~ ~) ~ cs~ J~ /~ C~~c 'i.~/ /1 % ~ ~~~ ~~3 D / --- / 9 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2