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HomeMy WebLinkAboutMinutes_Regular_03/23/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MARCH 23, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 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 Pastor Paul Beresford gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Mayor Watkins noted item four would not be discussed at this meeting and would be placed on the April 8, 2010 agenda. MOTION Council Member Humpage moved approval of the agenda, with item 3a removed by Vice Mayor Patemo for discussion, seconded by Council Member Tumquest; motion carried unanimously 5-0. PRESENTATIONS /PROCLAMATIONS 1. Proclamation Declaring April Water Conservation Month 2. Proclamation Declaring May 16 -22, 2010 Water Re -use Week Mayor Watkins noted attendees were not present to receive either proclamation and offered a brief description on both. CONSENT AGENDA MOTION Council Member Humpage moved approval of the following consent agenda; seconded by Vice Mayor Patemo; motion carried unanimously 5-0. 3. Resolution 6 -10, Approving a Proposal from Lawnmower Headquarters of Jupiter for the Purchase of Two (2) Lawnmowers in the amount of $14,437.14 3a. Resolution 9 -10, Approving a Proposal from Blazer Construction Industries, Inc, of Jupiter, Florida, for Drainage Modifications on Seabrook Road in the Amount of $54,581.50 Minutes —Regular Council Meeting 3/23/10 Page 2 Attorney Keith Davis read Resolution 9 -10 title into the record. Manager Couzzo noted money was in the budget for the repairs associated with Resolution 9- 10 and quoted bids received, pointing out money savings over anticipated cost. Council Member Turnquest questioned knowledge of the proposed contractor. Manager Couzzo stated Mr. Russell White, Public Services Manager, was familiar with the service provider. MOTION Vice Mayor Patemo made a motion to approve Resolution 9 -10, Council Member Tumquest seconded the motion, which carried by unanimous 5 -0 vote. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS No communications from citizens were expressed. COMMUNICATIONS FROM COUNCIL Council Member Humpage thanked Mr. John Terzakis and the Business Committee for their assistance on the recent signage issues. Council Member Arena thanked Mr. Bill Watkins for his contributions to the Bridge project. Vice Mayor Paterno expressed gratitude to those who supported his Vice Mayor ship. Mayor Pat Watkins articulated appreciation for the Council group at hand and included Mr. Terzakis and his group in her admiration. She offered expressions of contentment from Mr. Watkins for his aerial labors in association with the bridge project. REGULAR AGENDA OLD BUSINESS Mayor Pat Watkins reiterated item four would be moved to the April 8, 2010 meeting. 4. CONTINUED TO APRIL 8, 2010 COUNCIL MEETING Ordinance 1 -10, First Reading, Amending The Village Code Of Ordinances At Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 2. Site Plan Review. And Division 3. Special Exception Uses. By Amending These Divisions To Relocate Certain Approval Criteria From The Special Exception Approval Process To The Site Plan Review Process Minutes —Regular Council Meeting 3/23/10 Page 3 5. Ordinance 4 -10, Second Reading, Amending Exhibit "B" of Section 2 -30 of the Code of Ordinances Relating to the Public Safety Pension Trust Funds to provide for the following changes: Definition of Credited Service; Definition of Firefighter; Definition of Salary; Retiree may Change a Designated Beneficiary up to Twice; Change in Trustee Terms; Additional Signatories for the Fund; Increased Investments in Foreign Securities; Divestiture from Scrutinized Companies; Exclusion from Disqualifying Disability as a Result of Intervening Military Service; Termination of the System; Third Party Payments for Retirees; Additional Offenses for Forfeiture of Pensions Attorney Keith Davis read Ordinance 4 -10 title into the record. Mayor Watkins opened the hearing to Council for comment. Council Member Turnquest stated his support for the item and requested a change to section two to incorporate humanitarian efforts and mentioned his intentions for Peter Allen's past and future efforts. Mayor Watkins expressed hesitance on a change and stated that the Attorney had produced the Ordinance based on compliancy and past discussions. Vice Mayor Paterno concurred with Mayor Watkins. Council Member Humpage established concern as well for a change thus far in the process. Council Member Turnquest questioned abandonment of Peter Allen if he was harmed in a volunteer setting. Attorney Davis felt if Council wanted a change at second reading it could be done procedurally but believed the pension attorney would have to be the final approval. Manager Couzzo commented that Peter Allen was part of a National Task Force and not just a volunteer. Council Member Humpage believed the task force would have some type of provision for people such as Mr. Allen and felt there were too many unknowns to assume this would be necessary. Mayor Watkins stated she was not comfortable voting on something she knew little about. Manager Couzzo suggested researching the issue further and amending the Ordinance if need i research be. Council Member Turn q uest stated he would come back if his esear motivated d him to do so. Vice Mayor Paterno referred to page ten of the Ordinance and reference to 25% of Plan assets in foreign securities, he felt was too much to risk. He asked John Terzakis, owner of Ameriprise Financial to respond. Council Member Humpage questioned (item P on page 12) who were the "scrutinized companies ". Mr. Terzakis presented his knowledge and expertise and stated his opposition of risking 25 %. He believed foreign risk was greater versus the United States at present. Manager Couzzo suggested the opposition of considerable risk and potential return should be carefully weighed. I Minutes —Regular Council Meeting 3/23/10 Page 4 Mayor Watkins felt the investors brought the recommendation with their conviction of earnings for the Village. Mr. Terzakis supported getting international exposure in other ways and suggested allowing up to 15 %. He recommended viewing the history of Village investments. MOTION Council Member Humpage motioned to allow up to 12.5 %; upon no second the motion died. Council Member Turnquest motioned to allow up to 15 %; Vice Mayor Paterno seconded the motion, motion carried 4 -1 with Council Member Humpage dissenting. Council Member Humpage questioned (page 2 section a) "died a non duty death" and its meaning. Attorney Davis offered clarification. Mayor Watkins opened the meeting for public comment. There being no other comments, the public hearing was closed. MOTION Council Member Tumquest made a motion to approve Ordinance 4 -10 with the change of Plan assets to be invested in foreign securities up to 15 %; Vice Mayor Patemo seconded the motion, which carried by unanimous 5 -0 vote. 6. Ordinance 2 -10, Second Reading, Amending The Village Code Of Ordinances At Chapter 2. Administration. Article Iv. Code Enforcement. By Amending This Article To Update Language Regarding The Code Enforcement Special Magistrate In Conformance With State Statutes, To Clarify The Jurisdiction Of The Special Magistrate, To Provide For Internal Consistency With The Village Code, And To Revise The Process For Fine Mitigation Attorney Keith Davis read Ordinance 2 -10 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 comments, the public hearing was closed. MOTION Council Member Humpage made a motion to approve Ordinance 2 -10, Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. 7. Ordinance 3 -10, Second Reading, Amending Chapter 78. Zoning. At Article I. In General. Sec. 78-4. Definitions. By Clarifying The Definitions For The Terms "Clinic," "Health Care Facility," "Professional Office" And Professional Service;" Further Amending Chapter 78. Zoning. At Article Ix. Supplemental Regulations. Division 1. Generally. By Creating An Entirely New Sec. 78 -293. Professional Medical Or Dental Offices. To Adopt Regulations Pertaining To Medical Offices Attorney Keith Davis read Ordinance 3 -10 title into the record. Minutes —Regular Council Meeting 3/23/10 Page 5 Mayor Watkins opened the hearing to Council for comment. Council Member Humpage asked for clarification regarding verbiage in the Ordinance. Attorney Davis offered an explanation. Mayor Watkins opened the meeting for public comment. There being no further comments, the public hearing was closed. MOTION Council Member Tumquest made a motion to approve Ordinance 3 -10; Council Member Humpage seconded the motion, which carried by unanimous 5 -0 vote. 8. Ordinance 5 -10, Second Reading, Amending Chapter 14. Buildings and Building Regulations. At Article I. In General. Sec. 14 -1. Limitations on Days and Hours of Work on Buildings. By Amending this Section to Allow for Work on Sundays with Approval of the Village Council Attorney Davis read Ordinance 5 -10 title into the record and noted additions on pages one and two. Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION Council Member Humpage made a motion to approve Ordinance 5 -10, Council Member Tumquest seconded the motion, which carried by unanimous 5 -0 vote. 9. Discussion and Action on Council Donation Process Mayor Watkins stated the item was being brought back for clarification and noted where the ruling was at last discussion. Vice Mayor Paterno expressed his feeling to leave his seats portion unspent. Manager Couzzo offered a solution. Council Member Humpage expressed his concern with Council Members being singled out by requestors' and felt leaving it as a whole could discourage that. Vice Mayor Paterno suggested donating no monies through the Village (to avoid persistent pleading). Mayor Watkins and Council Member Humpage suggested the funds assist with bringing back the Villages National Night Out. Vice Mayor Paterno questioned if Parks and Recreation could cover expenses for National Night Out. Mayor Watkins noted it was in the Police Chiefs budget and had been cut. Vice Mayor Paterno stated it was cut for a reason and noted times were difficult and hard decisions would have to be made. Manager Couzzo felt Council could individually decide to assist an item as National Night Out. Council Consensus was to leave donations last ruling as is. Minutes —Regular Council Meeting 3/23/10 Page 6 ANY OTHER MATTERS Vice Mayor Paterno noted the Attorney and Managers reports were missed. Manager Couzzo stated the bridge project was running smoothly and under budget. He noted work on Sundays was approved and should expedite the project even further. He discussed the potential for the bridge opening before it was 100% complete and presented possible scenarios associated with the incentive monies. Manager Couzzo expressed heavier traffic being monitored by axel rather than weight and stated specifics on the proposition which would be brought to Council in April. Council Member Arena questioned if a workshop was in order. Manager Couzzo replied that his intentions were to bring forward a clear plan, but noted, if Council had questions a workshop could be scheduled. Attorney Davis noted his firm was watching a case in Adventura declaring red light cameras unconstitutional. He also noted two Bills, one, which would allow municipalities to enact Ordinances against specific dog breeds, the second, he stated could increase sovereign exposure limits relating yearly increases linked to the cost of living. Manager Couzzo stated the Village was watching the pension reform as well. Council Member Turnquest questioned Mad Hatter's specific licensing category through the Village and noted the owner had expressed intent for three upcoming events. He also asked why the adjacent community was required to approve the restaurants parties and if the approval was mandated by the Village. Vice Mayor Paterno inquired if State licensing allowed liquor sales outside establishments. Chief McCollom, Police Chief noted Alcohol and Tobacco allowed up to three special events per year and required application for a permit on each, He stated otherwise, alcohol consumption outside an establishment was restricted. He noted that the Village was still the governing body with the ultimate authority and would make final decisions on events. Council Member Humpage noted procedures followed by the Village for beer sales during Harvest Festival and stated this would be discussed at tomorrow's workshop. Council Member Turnquest felt roads in the Village warranted resurfacing. Manager Couzzo replied that a road analysis was recently performed on the Village and would be ready for Council view soon. He then inquired about a resolution supporting prohibiting anything but hands free devices while driving. Manager Couzzo believed Ordinances existed and voiced his concern with implementation. Minutes —Regular Council Meeting 3/23/10 Page 7 MOTION Vice Mayor Paterno made a motion to approve work on Sundays for the bridge as needed; Council Member Turnquest seconded the motion. Council Member Arena questioned cost associated with Sunday work. Manager Couzzo felt Sunday work would not be a weekly occurrence and believed cost could be approximately $15,000 on the high end. He pointed out it would advance the schedule and eliminate the need for Fire on the west side, which would also reduce Village costs. Manager Couzzo indicated completion of the project was more valuable than the cost and noted the goal of the $2,000 per day incentive was to finish early. He stated $180,000 was budgeted for up to 90 days early completion, and did not believe that figure would be approached. MOTION (continued) Motion carried by unanimous 5 -0 vote. ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 8:13 p.m. Respectfully submitted, Deanna Mayo, Assistant to the Village Clerk Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.