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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_12/10/2009MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES October 15, 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 McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Paterno gave the invocation followed by a recorded message played by Council Member Humpage. Vice Mayor Paterno closed with the pledge to the flag. APPROVAL OF AGENDA Council Member Humpage asked to discuss the bridge under any other matters. Council Member Arena stated he would like to speak under any other matters as well. MOTION: Council Member Turnquest moved approval of the agenda; seconded by Vice Mayor Paterno; motion carried unanimously 5-0. PRESENTATIONS /PROCLAMATIONS 1. Recognition of Ken Nielson for his Dedication and Years of Service to the Village as a Public Safety Pension Board Trustee Mayor Watkins thanked Ken Neilson for his years of valuable service and presented him with a recognition plaque. 2. Recognition of Ace Mangum for his Dedication and Years of Service to the Village as a General Employee Pension Board Trustee Mayor Watkins thanked Ace Magnum for his valuable years of service and presented him with a recognition plaque. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the consent agenda; seconded by Council Member Turnquest; motion carried unanimously 5-0. 3. MINUTES: 8/11/09 Workshop; 8/13/09 Regular; 9/1/09 Special; 9/3/09 Special; 9/10/09 Special; 9/25/09 Emergency Minutes -Regular Council Meeting 10/15/09 Page 2 4. Approval of Amended Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Sharing Recycling Program 5. Approval of Island Time Productions, Inc. Agreement for the Sixth Annual Harvest Festival 2009 6. Resolution 33-09. Awarding Contract to Ham RO Systems, Inc. to Provide and Deliver Replacement R/O Membranes 7. Resolution 34-09. Purchase one (1) Ford Crown Victoria from Duval Ford, Jacksonville, Florida per the Florida Sheriffs Association Bid Award 08-16-0908 in the Amount of $24,309.00 8. Council Reappointment of Ed Sabin to the Public Safety Pension Board of Trustees (two year term expires 10/15/11) 9. Approval of Interim Employment Agreement for Firefighter Scheiblich for a Term of Three Years END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Harold Taylor, 13 Chapel Court thanked the Village and the Chiefs for their contributions to Paradise Park and asked for an update on the bridge. COMMUNICATIONS FROM COUNCIL Mayor Watkins thanked Council and Vice Mayor Paterno for their contributions while she was out of town. Council Member Turnquest recognized Susan Paterno for naming "Paradise Park". He also noted the economy and its affects. Council Member Humpage acknowledged staff and Vice Mayor Paterno for their jobs well done during the difficult bridge issues. Council Member Arena offered many thanks to staff and volunteers. He also noted past and upcoming events. Minutes -Regular Council Meeting 10/15/09 Page 3 Vice Mayor Paterno reported on projects he was involved with and pointed out continuing events with the Paradise Park property. Council Member Humpage noted a local fundraiser. Mayor Watkins elaborated on the Florida Department of Transportation and the bridge closure. She also encouraged residents to utilize the Village's email service. REGULAR AGENDA OLD BUSINESS 10. Ordinance 18-09, Second Reading, Amending Section 78-176 Neighborhood Commercial District to Include Florists as Permitted Use in that Zoning District; Amending Section 78-177 Community Commercial District to Include Florists and Retail Package Liquor Stores as Permitted Use in that Zoning District; and Amending 78-180 Mixed Use District to Include Florists as a Permitted Use in that Zoning District - (First Reading 9/10/09) Attorney Keith Davis read Ordinance 18-09 title into the record. Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no further comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 18-09; seconded by Couneil Member Tumquest; motion carried 4-1 with Vice Mayor Paterno dissenting. NEW BUSINESS 11. Council Appointment of Regular Member (Remainder of Term -Expires 5/8/10) and Two Alternate Board Members to the Planning and Zoning Board Clerk Lori McWilliams noted the history pertaining to the board's members and new applicants. Vice Mayor Paterno inquired about alternate and regular member options. MOTION: Council Member Tumquest moved to approve Mr. Croft as the regular member and Mr. Jolly as the alternate; seconded by Council Member Arena; motion carried unanimously 5-0. 12. Ordinance 19-09, First Reading, Amending Village Code of Ordinances at Chapter 2 Section 2-81 to Provide Authority for Village Manager to Sign Contracts in the Maximum Amount of $25,000 Attorney Keith Davis read the title of Ordinance 19-09 into the record. Minutes -Regular Council Meeting 10/15/09 Page 4 Council Member Humpage noted the changes related to Ordinance 19-09. Council Member Paterno conveyed his confidence with the changes and questioned the expiration of the change. Attorney Keith Davis offered suggestions stating changes were always an option. Mayor Watkins opened the public hearing for public comments. There being none the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 79-09; seconded by Council Member Arena; motion carried unanimously 5-0. 13. VAR 1-09, Application from Gentile, Holloway, O'Mahoney & Associates requesting a Variance to Install Entry Gates at the Entrance of the Casa del Sol Community, Located at 3714 County Line Road, Tequesta, Florida 33469 Attorney Keith Davis swore in all persons speaking to VAR 1-09 and/or SPR 3-09. He then asked for ex parte communications from Council. Council Member Humpage disclosed he had visited the site. No other ex parte was communicated. Mr. Jamie Gentile, Gentile Holloway/applicant provided a schematic of the development and requested a variance relating to security. Council Member Arena questioned possible restrictions to fire and police. Mr. Gentile stated a key and code access would be prearranged with the Village. Vice Mayor Paterno noted his experiences with keys and codes and presented his recommendation. He also had questions and suggestions pertaining to gates and curbs which Mr. Gentile offered their solutions and remedies. Chief James Weinand explained the Villages present system for private entrances. Council Member Humpage felt the request, if granted, could slow an emergency response situation and may possibly be detrimental. Council Member Turnquest and Mayor Watkins voiced their support towards the added security. Nancy Michaleski, 505 Del Sol Circle believed that the added security would detour criminal activity and noted she had been a victim of an attempted break in. Vice Mayor Paterno pointed out that a gate would stop police from routinely patrolling their area. Ed Bowers, 505 Del Sol Circle, commented on numerous burglaries in their development and felt the locked entrance would give residents a sense of security. Minutes -Regular Council Meeting 10/15/09 Page 5 Council Member Arena suggested buying top of the line equipment to prevent problems and corrosion. Council Member Humpage noted if the gate did not open in an emergency situation the Village would not be responsible to replace it if force was needed to enter and the applicants understood and agreed. MOTION: Vice Mayor Patemo moved approval of VAR 1-09 with the conditions of 1. Gates moved back to assist tum around, 2. If possible, bring curb onto their properly, 3. Keyless system approved by the Village; seconded by Council Member Tumquest; motion carried unanimously 5-0. Mayor Watkins confirmed with applicant the conditions stated would not be a problem and they agreed. 14. SPR 3-09 (P&Z 13-09), Application for the Village of Tequesta to Create a Core Site Plan for a Park Located on Leased Land between Tequesta Drive and Bridge Road (Paradise Park) Attorney Davis stated that all Council had ex parte communications with the applicant. Council Member Turquest questioned the remaining fund balance for the Park restoration project and suggested offering memorial items for residents to purchase. Manager Couzzo responded approximately $7,500 and suggested leaving the park as a clean and open area. Council Member Humpage inquired if posts with doggie bags had been placed at the park. Manager Couzzo stated the park had not been designated as a pet friendly park. Vice Mayor Paterno believed dogs were not allowed by ordinance in Village parks. MOTION: Council Member Humpage moved approval of SPR 3-09; seconded by Council Member Tumquest; motion carried unanimously 5-0. 15. Approval of Emergency Temporary Special Exception for Location of Temporary Fire Station Manager Couzzo explained the specifics of the necessity for the temporary location MOTION: Council Member Humpage moved approval; seconded by Council Member Tumquest; motion carried unanimously 5-0. STANDING REPORTS • Villaoe Attorney Attorney Davis referenced a case regarding a shooting incident in Delray Beach during a public event. The municipality was found liable; a judge reversed the decision in view of the fact the shooting originated on private property. The case is now being appealed. Minutes -Regular Council Meeting 10/15/09 Page 6 • Village Manager Manager Couzzo summarized the bridge closure and noted the low bid received was $2,378,239.20 by Sheltra and Sons. He anticipated the contractor would be awarded the contract and he would update Council regularly on activity. Manager Couzzo provided specifics related to Station 11 including proposing consideration for leasing the property as office space. Consensus of Council was to move forward with proposal. Manager Couzzo reiterated his satisfaction with the ongoing events of the bridge and the bids received. He applauded Council on jobs well done and pointed out recent difficulties endured. Vice Mayor Paterno questioned a consultant figure of $500,000 relating to the bridge. Manager Couzzo stated the consultants figure was based on a per day charge for engineering and could change and/or decrease with the early completion incentive. Manager Couzzo explained the events leading to personnel being stationed on the west side of the problematic bridge. Frank D'Ambra, 23 Leeward Circle inquired on additional costs necessary for the bridge landscaping. Manager Couzzo advised the Village would be responsible for landscaping and felt the economy offered leverage in negotiating and stated it could not be done out of stimulus funds. Council Member Humpage suggested the Village maintain involvement in the bridge project by hiring an alternate person to oversee procedures. Manager Couzzo understood his concern but felt it may complicate the job more than benefit, and believed the Village was very familiar and knowledgeably involved. He added he was comfortable with the States and their involvement. Council Member Arena reported a local business interested in giving a presentation during the November meeting and offered ideas he would like considered for workshops. He suggested adding beer and wine sales through the American Legion at the Harvest Festival with proceeds divided for prosthetics purchase and the public safety memorial. Vice Mayor Paterno voiced his concern with serving alcohol on government property. Mayor Watkins voiced her concerns as well but supported Council and their decision. Council Consensus was to sell beer and wine at the Harvest Festival. Vice Mayor Paterno reported on the Florida East Coast Railway and placement of a tower. Manager Couzzo provided additional information concerning the history of the tower placement project. Council Member Turnquest inquired about a Bridge celebration along with a grand opening for Paradise Park. Mayor Watkins offered an update with consideration of the difficulties involved with planning any events with the bridges untimely closing. Minutes -Regular Council Meeting 10/15/09 Page 7 Manager Couzzo commented on the limited occasions available for necessary discussion with Council on the bridge and elaborated on future possible events. ANY OTHER MATTERS 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 9:40 p. m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES November 12, 2009 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:05 p.m. A roll call was taken by Village Clerk's Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk's Assistant Deanna Mayo, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Turnquest gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Arena; motion carried unanimously 5-0. PRESENTATIONS /PROCLAMATIONS 7. Craig Wich Studio for Performing Arts Ms. Betty Saunders, Studio Representative gave a presentation of offered background on the Art Studio's staff. CONSENT AGENDA Vice Mayor Paterno pulled items seven and eight for discussion. MOTION: Council Member Turnquest moved approval of the consent agenda; seconded by Council Member Humpage; motion carried unanimously 5-0. 2. MINUTES: 9/10/09 Regular, 9/25/09 Special, 10/15/09 LPA 3. Board of Adjustment Appointments and Reappointments • Reappoint Vi Laamanen as a Regular Member to a three-year term (term expires 11/18/12) • Reappoint Steve Pullon as a Regular Member to a three-year term (term expires 11 /14/12) • Consider Ward Bertholf s Request to Move from Regular Member to Alternate Member • Appoint John Vadala (currently 2"d Alternate) as a Regular Member Replacing Mr. Bertholf (three year term expires 12/9/12) Minutes -Regular Council Meeting 11/12J09 Page 2 4. Ministerial Appointment of Ed Sabin to the Public Safety Pension Board as Appointed 5~' Member by the Trustees 5. Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms Bi Explosives (ATF) Regarding the eTrace Internet Based Firearm Tracing Application 6. Approve Interagency Agreement between the Palm Beach County Sheriffs Office (PBSO) and the Village of Tequesta Police Department Providing Access through Palm Beach County Sheriffs Office Secure Connection Allowing the Tequesta Police Department Access to Critical Federal, State, and Palm Beach County Law Enforcement Records and Data 7. Resolution 35-09. Amending and Increasing 2008-2009 Revenues and Expenditures in General Fund Budget by $202,002 to Recognize the Village of Tequesta's Receipt of Unbudgeted Revenue from Insurance Premium Tax Proceeds and an Equal Amount in Additional Pension Contributions as Required by Florida Statutes -REMOVED FROM CONSENT AGENDA 8. Approval of Amended Purchasing Policies and Procedures -REMOVED FROM CONSENT AGENDA END OF CONSENT AGENDA 7. Resolution 35-09. Amending and Increasing 2008-2009 Revenues and Expenditures in General Fund Budget by $202,002 to Recognize the Village of Tequesta's Receipt of Unbudgeted Revenue from Insurance Premium Tax Proceeds and an Equal Amount in Additional Pension Contributions as Required by Florida Statutes Vice Mayor Paterno questioned if the Village should take the additional funds received for insurance premium taxes for police and fire benefits and asked the Finance Director to explain the repercussions of their options. Ms. JoAnn Forsythe, Director of Finance, stated the Village had already received the funds and opting out may be an option that could possibly incur costs. She explained the Village agreed to take the money with provisions, and pointed out changes to the program and details of the agreement. Vice Mayor Paterno confirmed the Village would be responsible for the difference if there was an increase and suggested a discussion for possible changes be planned. Attorney Davis read the title into the record. Minutes -Regular Council Meeting 11/12/09 Page 3 Manager Couzzo stated the item had many additional components which made it extremely complex. Vice Mayor Paterno agreed. MOTION: Vice Mayor Paterno moved approval of Resolution 35-09; seconded by Counci! Member Humpage; motion carried unanimously 5-0. 8. Approval of Amended Purchasing Policies and Procedures Vice Mayor Paterno questioned specifics related to the item. Manager Couzzo explained the details associated. Chief McCollom confirmed the new procedure would expedite many situations. Council Member Turnquest asked how familiar the Manager was with department head's purchases. Manager Couzzo suggested he continue to sign off on expenses over $1,000. Vice Mayor Paterno inquired about the payroll related expenses. Manager Couzzo stated there were no changes to that item. Ms. Forsythe confirmed payroll authorizations remained the same. MOTION: Vice Mayor Paterno moved approval of the change with the addition of the Manager's approval of purchases over $1,000; seconded by Council Member Turnquest; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS Carolynn Schwartz, 360 Venus Avenue, stated she received a grant from the State to upgrade her windows and felt the contractor botched the installation. She believed the Director of Community Development, Catherine Harding did not follow mandates. Ms. Schwartz noted additional professionals she hired for consultation along with their findings concurred with her feelings and explained the corrections needed, feeling the Village should right the job. Mayor Watkins noted she was aware of Ms. Schwartz's situation and had spoken to the Village Attorney. Manager Couzzo and Mayor Watkins stated they would follow up with the situation. COMMUNICATIONS FROM COUNCIL Council Member Turnquest thanked Manager Couzzo for preparing and delivering soup when he had been sick. Council Member Humpage read a self prepared statement requesting cooperation from the Village's police officers. His focus was on fairness of staff salaries and Village taxes. He Minutes -Regular Council Meeting 11/12/09 Page 4 commented on the economies condition and directed his admonishment at the Police Benevolent Association. Vice Mayor Paterno indicated Mr. Zuccarelli had an interest in the Village purchasing the Paradise Park property. Manager Couzzo offered some history on the property for the audience and noted the comments received from Mr. Zuccarelli were positive. Vice Mayor Paterno stated the Village offered a limited number of H1N1 vaccinations to residents and stated they must fall within a specific group. He also advised of happenings within the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA) group. Council Member Arena noted many charitable events in the Village, pointing out location of holiday donation boxes and commended on volunteers. He noted the Town of Jupiter's water increase and made suggestions for Council to keep residents informed. He suggested residents sign up for Council Member Turnquest's email contact list to receive Village updates. Mayor Watkins commented on the Wounded Warrior Project and the proven benefits of volunteer involvement. She noted a cancelled workshop regarding the Census Bureau, and noted the Clerk was working with the Bureau for future possibilities. Mayor Watkins thanked the Manager for all he did and his recent added efforts. She encouraged residents to sign up for the automatic email updates and thanked Jupiter Inlet Colony for their hospitality during their anniversary celebration. She concluded with a thank you to the Veterans and wishes for a Happy Thanksgiving. REGULAR AGENDA OLD BUSINESS 9. Ordinance 19-09, Second Reading, Amending Village Code of Ordinances at Chapter 2 Section 2-81 to Provide Authority for Village Manager to Sign Contracts in the Maximum Amount of $25,000 Attorney Davis read Ordinance 19-09 title into the record. Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no further comments, the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 19-09 on second reading; seconded by Council Member Humpage; motion carried unanimously 5-0. Minutes -Regular Council Meeting 11/12/09 Page 5 NEW BUSINESS 10. SE 01-09. Consideration of request for Special Exception use to allow a school in the R-1 Single Family Dwelling District, pursuant to Section 78-173(d)(1) of Chapter 78, of the Village of Tequesta Code of Ordinances, for Hannah's Home of South Florida, a boarding school for young expectant mothers Mayor Watkins read SE 01-09 title into the record. Attorney Keith Davis swore in all interested parties. He then asked Council to disclose ex-parte communications. Mayor Watkins stated she spoke with Carol Beresford and attended the dinner. Council Member Arena and Council Member Turnquest attended their dinner. Council Member Humpage spoke to Carol Beresford and Pastor Paul. Catherine Harding, Community Development Director gave a description of the special exception and the associated history. David Dreyer, President of Hannah's Home offered a presentation on the property and its plans. Tim Lawrence, 4412 County Line Road presented his support for Hannah's Home and requested limiting the lighting. Carol Beresford, Hannah's Home Founder, offered past experience of neighboring residents to other facilities and knowledge of their experiences. She also thanked Catherine Harding for all her help with the project. Council Member Humpage questioned the criteria. Attorney Davis clarified procedures. Ms. Harding noted the item's course of action would bring it back in front of Council. MOTION: Council Member Humpage moved approval of SE 01-09; seconded by Council Member Turnquest; motion carried unanimously 5-0. 11. Ordinance 13-09, First Readinst, Amending Chapter 78 Zoning at Article XI Signs by Amending Section 78-742 Exemptions by Creating an Entirely New Subsection (n) to Allow the Village Council to Authorize Certain Temporary Signs in Certain Circumstances Attorney Davis White read Ordinance 13-09 title into the record. Manager Couzzo stated this Ordinance was created to assist in situations such as the present bridge closure and business's being adversely affected. Council Member Humpage questioned specifics and confirmed the temporary rule and a suggested tracking system. Attorney Davis offered suggestions and language changes in the Ordinance. Mayor Watkins voiced her Minutes -Regular Council Meeting 11/12/09 Page 6 concern with banners. Vice Mayor Paterno asked if the Ordinance was bridge closure specific. Manager Couzzo explained it was for unusual situations falling within specific guidelines which Council would approve. Dottie Campbell, 30 Eastwinds Circle, asked for a definition of temporary. Manager Couzzo stated was would be decided by Council per situation. She inquired on additional specifics. Attorney Davis offered specifics for a greater understanding of the Ordinance. Vice Mayor Paterno questioned who the Ordinance would pertain too. Mayor Watkins stated it could allow all business's the opportunity to have a temporary sign. She stated Council would still have to approve placement specific to each individual event. Council Member Humpage added a time certain should be specified. Catherine Harding, Director of Community Development questioned sign placement in the right- of-way. Attorney Davis stated he would add language in the Ordinance that stated the signs could not be placed in the setback. Manager Couzzo confirmed the language now stated signs may not be placed in the setbacks and suggested Community Development specify details in their permitting process. Harold Taylor, 13 Chapel Court, questioned the placement of Village signs and the fairness to Village businesses. MOTION: Council Member Humpage moved approval of Ordinance 13-09 as amended with placement of sign and Right of Way defined; seconded by Council Member Arena; motion carried unanimously 5-0. 12. Council Discussion on Possible Purchase and Appropriation of Funds for Shuttle Bus Manager Couzzo noted the item was to assist residents during the bridge closure and noted many items that would be associated with having a shuttle. Mayor Watkins commented on additional information obtained and Parks and Recreation utilizing it for events. She voiced her concern with unknown regulations regarding transporting children. Council Member Turnquest felt the Village had an obligation to the residents and voiced his concerns. Council Member Arena supported the shuttle and felt it offered multiple benefits. Vice Mayor Paterno stated the idea would be costly and suggested rentals would be an economical option, and felt the economy did not warrant spending any monies at present. Joe Hall, 159 Country Club Drive, questioned how much demand was for the shuttle and question if any calls were received requesting transportation. Minutes -Regular Council Meeting 11/12/09 Page 7 Council Member Humpage felt the bus should only be bought if there was an ongoing need and noted the bridge issue would end. Mayor Watkins concurred. Item was dismissed. 13. Council Consideration of Various Donation Requests Council Member Arena presented several handouts and suggested charitable businesses for Councils consideration for donation. Mayor Watkins made suggestions and inquired if the Village was aware of additional areas with needs. Council Member Humpage noted several of his choices. Mayor Watkins suggested Council Members compile their choices, review last year's donations and discuss donations on the December agenda and Consensus of Council Concurred. STANDING REPORTS • Village Attorney No report. • Villaoe Manaoer No report. ANY OTHER MATTERS Council Member Turnquest reported a resident offered their property for Village use in support of a bridge function. He noted a Veterans Association Grant and its specifics for the abandoned property known as the Corner Stone. Council Member Humpage noted negotiations pertaining to the neglected property and mentioned the interested party may only be interested in a portion of the property (leaving an area for the Village to possibly acquire). Council Member Humpage suggested revisiting the Managers travel allowance. Manager Couzzo confirmed he would bring his contract for Council review to the December meeting. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn; seconded by Vice Mayor Patemo; the motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:50 p.m. Respectfully submitted, Deanna Mayo, Assistant to the Village Clerk