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HomeMy WebLinkAboutMinutes_Regular_08/13/2009MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES August 13, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:02 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 A video presentation of National Night Out was given and Mayor Watkins led the pledge to the flag. APPROVAL OF AGENDA Mayor Watkins pulled Item 6 for discussion; Council Member Humpage noted he had business for under Any Other Matters; Vice-Mayor Paterno pulled Items 7 and 11 for discussion. MOTION: Council Member Humpage moved approval of the agenda as modified; seconded by Council Member Turnquest; motion carried unanimously 5-0. PRESENTATIONS AND PROCLAMATIONS 1. Proclamation - Muscular Dystrophy Association Local 2928 Firefighter Appreciation Month Mayor Watkins presented Ray Giblin, Fire Department representative, with the Proclamation. 2. Proclamation -Florida Water Professionals Week -August 17, 2009 -August 21, 2009 Mayor Watkins presented Phil Donovan of Florida Water and Pollution Control Operators Association with the Proclamation. Mr. Donovan recognized the utility workers in attendance and provided Council with a movie. 3. Attorney General Office Seniors vs. Crimes Program Mr. Wayne Picone of the Florida Attorney General's Office and Police Chief McCollom presented the newly implemented program "Seniors vs. Crimes Program." 4. .Update on Jupiter Inlet Colony Negotiations and Council Member Turnquest' Meeting with Jupiter Inlet Colony Vice-Mayor Comerford Council Member Turnquest summarized his meeting with Jupiter Inlet Colony Vice-Mayor Comerford regarding the fire rescue services agreement, which was set to expire in 2013. He requested Inlet Colony pay the same as Village residents for services provided; the suggestion was not well received as they believe they pay their fair share and have a binding contract. He suggested merging the Jupiter Inlet Colony Police Department with the Village Police Department and felt it would have been considered positively, but the media became involved. Minutes -Regular Council Meeting 8/13/09 Page 2 At this time, he stated the residents feared a loss of identity and an agreement was not reached on the merger or the fire rescue agreement. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the following consent agenda with Items 6, 7 and 11 removed for discussion; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 5. MINUTES: 5/20/09 Special; 5/29/09 Special; 6/11/09 LPA; 7/9/09 LPA; 7/9/09 Regular 6. Resolution 14-09, Initiating Conflict Resolution Procedures with the Town of Jupiter Inlet Colony Pursuant to the Florida Government Conflict Resolution Act REMOVED FROM CONSENT 7. Resolution 22-09. Appropriating Fund Balance, and Increasing the General Fund 2008/09 Budget $195,97500 to Provide Funding for a Rescue Vehicle (Ambulance) - REMOVED FROM CONSENT 8. Resolution 24-09, Adopting Refuse, Recycling and Yard Waste Collection Rates for FY Ending September 30, 2010 9. Approval of Mutual Aid Agreement between the Village of Tequesta and the Town of Jupiter Island for Law Enforcement Assistance 10. Approval of First Amendment to Emergency Services Agreement with the Palm Beach County Fire Rescue for Station 11 11. Approval of Health Insurance Renewal with Cigna Insurance and Dental Renewal with MetLife Insurance -REMOVED FROM CONSENT 12. Approval of Budget Amendments for Fiscal Year 2008/2009 13. Approval of Interim Employment Agreement for Firefighter William J. Eichelroth for a Term of Three Years 14. Council Authorization Directing the Mayor to Submit Letter Agreeing to Allocation of Criminal Justice Commission (CJC) FY2010 (Federal FY 2009) Annual JAC Funds as Provided by CJC in Attached Chart END OF CONSENT AGENDA Minutes -Regular Council Meeting 8/13/09 Page 3 Consensus of Council agreed to move Items 19 and 20 prior to the items removed from the Consent Agenda. 19. Approve Amended AT~T Cell Tower Agreement between the Village of Tequesta and New Cingular Wireless PCS, LLC Vice-Mayor Paterno summarized the amended agreement, which would include a $2500 per month payment, ($30,000 per year for 25 years), the initial term was ten years; five years thereafter and AT&T would receive rights to 1/3 of the ground and the Village would retain the remainder of the ground rights. The Village agreed AT&T would keep revenues for co-locators on the pole and the Village would retain the ground rights; AT&T would pay 2.5 months up front and the remainder of the contract would remain the same. MOTION: Vice-Mayor Paterno moved approval of the amended AT&T New Cingular Wireless Cell Tower Agreement; seconded by Council Member Arena; motion carried 5-0. 20. Site Plan Modification SPM 3-09 (Quasi~ludicial), Consideration of: Site Plan Modification to Add a Cell Tower to Leased Village Property Located at 136 Bridge Road -SBA Network Services -Applicant Attorney White swore in Village Manager Couzzo to speak regarding the site plan. Mr. Couzzo explained the site plan would be modified based on the reconfiguration of the area assigned AT&T. Vice-Mayor Paterno disclosed he attended the negotiations with AT&T on 8/12/09; no other ex- parte disclosures were made. Mayor Watkins opened the hearing to the public for comment; there being none, she opened the meeting for Council comment. There being no further comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of the site plan modification; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 6. Resolution 14-09. Initiating Conflict Resolution Procedures with the Town of Jupiter Inlet Colony Pursuant to the Florida Government Conflict Resolution Act Village Attorney read Resolution title 14-09 into the record. Mayor Watkins noted reasonable pressure had been applied to Jupiter Inlet Colony (JIC) and believed the issue had run its course. She stated additional conflict resolutions would cost the Minutes -Regular Council Meeting 8/13/09 Page 4 Village money and suggested the Village take no further action. Council Member Humpage agreed. Council Member Turnquest asked the Village to review "opt out" clauses within the remaining JIC agreements. The Village Manager advised he would have the attorney review and provide advice regarding opt out provisions. MOTION: Council Member Humpage moved to withdraw the item and take no action; Council Member Turnquest seconded; motion carried unanimously. 7. Resolution 22-09, Appropriating Fund Balance and Increasing the General Fund 2008/09 Budget $195,975.00 to Provide Funding for a Rescue Vehicle (Ambulance) Village Attorney White read Resolution 22-09 title into the record. MOTION: Vice-Mayor Paterno moved to withdraw the item and take no action and directed the Village Manager to find the funds within the existing 2008/2009 budget; Council Member Humpage seconded; motion carried unanimously. 11. Approval of Health Insurance Renewal with Cigna Insurance and Dental Renewal with MetLife Insurance Vice-Mayor Paterno noted Council directed there be no increase in health insurance costs. As a result, the new consultants offered the current plan for less with several other options for additional significant savings and felt Council should approve the larger of the savings for the Village. Ms. Reid, Director of Human Resources, advised there were differences in the old and new plans. She stated the committee vote was unanimous and pointed out there was a 3.1 reduction in monthly premiums, a reduction in out-of-pocket calendar year maximums, and reductions in the generic drug costs and mental services outpatient pocket. She explained there would be increases in the primary care co-pay, preferred drug costs, mail order co-pay, employees could no longer go out of the Cigna network; and emergency room co-pays. Vice-Mayor Paterno believed there were other options available that would provide additional savings, did not support increased benefits at this time, and asked Council to reconsider. Council Member Turnquest stated the committee was tasked with finding a package that did not cost the Village additional funds to which the committee came back with a savings. He felt the human element needed to be considered. Council Member Arena believed the goal and objectives set were accomplished by the committee. Vice-Mayor Paterno agreed, but felt the Village could save more money. Minutes -Regular Council Meeting 8/13/09 Page 5 MOTION: Council Member Humpage moved approval of the health insurance renewal with Cigna and dental renewal with MetLife as presented; seconded by Council Member Turnquest; motion carried unanimously 5-0. Village Manager pointed out Council approved the Station 11 Fire Rescue agreement on the Consent Agenda and Chief Weinand provided a short update. COMMUNICATIONS FROM CITIZENS Frank D'Ambra, 23 Leeward Circle, commented on the Jupiter Inlet Colony resolution and existing agreements; suggested Council reconsider the Census resolution previously passed; and suggested the Village find alternative ways to address insurance costs. COMMUNICATIONS FROM COUNCIL Council Member Humpage commented on the ground breaking of the Public Safety monument and on the recently distributed Economic Watch publication. Council Member Arena complimented the Police Chief on National Night Out, commented on "Operation Second Chance," and the Palm Beach Post's "Back Yard Chatter." Mayor Watkins reminded Council of the Volunteer Recognition Celebration scheduled for September 23, 2009 from 1:30 - 3:30 in the Council Chambers. REGULAR AGENDA OLD BUSINESS 15. Resolution 21-09, Public Safety Officer Pension Funding Increase from 11 % to 27.2% FY 2008/2009 Budget (Tabled from 7/9/09 to 8/13/09) Village Attorney White read Resolution 21-09 title into the record. Village Manager believed the intent of Council was to defer the consideration of this item until after a new actuarial report had been completed and felt this would provide a better picture of the situation. Vice-Mayor Paterno suggested placing the $340,000 in the 09/10 budget. Resident Frank D'Ambra, 23 Leeward Circle, voiced concern the actuarial reports were a year behind and noted this did not happen in the private sector. Resident John Terzakis, 6 Tall Oaks, suggested obtaining new numbers first and then make decisions on investment needs. Public Safety Pension Board Trustee /Firefighter Ray Giblin noted the values were based on 2008 and advised the Pension Board recently updated the mortality rates, rate of return percentage and approved smoothing. Mr. D'Ambra stated the Actuary should make recommendations on non-investment items. Minutes -Regular Council Meeting 8/13/09 Page 6 MOTION: Vice-Mayor Paterno moved to withdraw the item and directed the Village Manager to place $340, 000 in the FY 09/10 budget with adjustments to be made as necessary; seconded Council Member Turnquest; motion carried unanimously 5-0. 16. Ordinance 14-09, Second 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 (First Reading 7/9/09) Village Attorney White read Ordinance 14-09 title into the record. Mayor Watkins opened the public hearing to Council for comment. Pension Attorney Bonni Jensen and Ger~erG; Employee Pension Board Chair Michael Rhodes responded to questions regarding the current rate u. r:;tu; n to w"'^" Mr. Rhodes advised it was down for the three-year period by 1.63%. Vice-Mayor Paterno voiced concc~„ ~"'~f" +"? foreign market and suggested a cap at 15%. Attorney Jensen noted the Ordinance changes were only what were allowed by law. Mayor Watkins opened the meeting to the public for comment; there being no comments; she closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 14-09 on second reading; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 17. Ordinance 12-09, Second 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" (First Reading 7/9/09) Village Attorney White read Ordinance 12-09 title into the record. Mayor Watkins opened the public hearing to Council for comment; there being no comment, she opened the meeting to the public. Joanne Russell, 141 Magnolia Way, asked if Riverside Oaks residents would be notified of future site plan approvals. There being no further comments, the public hearing was closed. Minutes -Regular Council Meeting 8/13/09 Page 7 MOTION: Council Member Humpage moved approval of Ordinance 12-09 on second reading; seconded by Council Member Turnquest; motion carried 4-1 with Vice-Mayor Paterno dissenting. 18. Ordinance 16-09, Second 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." Village Attorney White read Ordinance 16-09 title into the record. Mayor Watkins opened the public hearing to Council for comment; there being none she opened the meeting to the public; there being no public comment, she closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 16-09; seconded by Vice-Mayor Paterno; motion carried unanimously 5-0. 19. Approve Amended AT&T Cell Tower Agreement between the Village of Tequesta and New Cingular Wireless PCS, LLC MOVED TO FOLLOW CONSENT AGENDA NEW BUSINESS 20. Site Plan Modification SPM 3-09 (Quasi-Judicial), Consideration of: Site Plan Modification to Add a Cell Tower to Leased Village Property Located at 136 Bridge Road -SBA Network Services -Applicant MOVED TO FOLLOW CONSENT AGENDA STANDING REPORTS • Village Attorney Village Attorney White provided an update on Senate Bill 360. She stated forms would need to be completed for extensions and should be maintained in the building, zoning or development files for the record. She advised there was a lawsuit trying to declare the bill unconstitutional and if it were declared as such, the Village would need a record of which permits were extended under the bill. • Village Manager Mr. Couzzo thanked the Council for their time and patience during the extremely complex and delicate issues. ANY OTHER MATTERS Council Member Humpage asked Council to consider the discrepancies on corner lots. Mayor Watkins noted the Special Council Meeting to discuss the Village Manager's Professional Recognition Compensation was scheduled for October 1, 2009. Minutes -Regular Council Meeting 8/13/09 Page 8 ADJOURNMENT MOTION: Council Member Humpage moved to adjourn; seconded by Council Member Arena; the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:49 p. m. Respectfully submitted, ~~~ Lori McWilliams, CMC Village Clerk