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HomeMy WebLinkAboutMinutes_Regular_09/09/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 9, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:10 p.m. A roll call was taken by Village Clerk Lori 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 Council Member Turnquest provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda as amended by his request to move item 13 to item 6a and Council Member Turnquest's request to pull items 2 for correction and item 3 for discussion; seconded by Vice Mayor Paterno; motion carried unanimously 5 -0. PRESENTATIONS 1. Presentation of Key to the Village to Resident Mary Hinton Mayor Watkins presented the Key to the Village to Mary Hinton in recognition of her outstanding service to the Village. Ms. Hinton expressed her gratitude. CONSENT AGENDA MOTION Council Member Turnquest moved approval of the following consent agenda, seconded by Council Member Humpage; motion carried unanimously 5 -0. 2. MINUTES: 6/22/10 Workshop and 6/30/10 Special Meeting Council Member Turnquest requested correction in the 6/30/10 minutes to change 9:00 a.m. on page 7 to 9:00 p.m. i MOTION Council Member Humpage moved approval of the 6122110 workshop minutes as submitted and the 6130110 special meeting minutes as revised, seconded by Council Member Turnquest, motion carried unanimously 5 -0. 3. Approval of Jonathan Dickinson State Park Release of Former Sub -Lease Number 362801 Village Attorney Davis explained the Village had had an agreement with the park since the 1970's and in 2005 that agreement had been renewed, but a document that I I Minutes — Regular Council Meeting 9/9/10 Page 2 released the old agreement had been mistakenly omitted, and was now being presented for approval. MOTION Council Member Humpage moved approval of the Jonathan Dickinson State Park Release of Former Sub -Lease Number 362801, seconded by Council Member Turnquest; motion carried unanimously 5 -0. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Dottie Campbell, 30 Eastwind Circle, asked that the 3 -way sign at Island Way and Country Club Drive be allowed to stay and requested the Department of Transportation be notified the garbage bags over signs were not working since they were falling off. Marilyn Mee, 4105 Wingo Street, requested a fenced -in dog park be built at Tequesta Park. Natalie Seever and Leslie Kandafer, American Cancer Society representatives, requested Council support for Relay for Life, thanked the Council for their support for the past four years, and requested the event move to Paradise Park. COMMUNICATIONS FROM COUNCIL Council Member Humpage reminded residents of the 9/11 unveiling of the World Trade Center beams and monument dedication. Council Member Turnquest advised a resident had given him an article about some communities where residents had banded together to make a large enough group so they could get solar panels installed at half price, which had lowered their energy bills by 75 %. He advised this could be done in Florida, and he was researching companies who could provide the panels. He asked interested residents to contact him. Vice Mayor Paterno distributed an appraisal provided by the owner of Paradise Park for comparison with the appraisal done by the Village. Mayor Watkins advised the old playground area at Tequesta Park might be able to be used as a dog park, and she would research what would be required. Council Member Humpage reported the asking price for the two acres on Seabrook Road had dropped and requested placing this on the next agenda. The Village Manager Couzzo indicated this matter and Paradise Park could be placed on the September 16, 2010 agenda. Minutes — Regular Council Meeting 9/9/10 Page 3 REGULAR AGENDA OLD BUSINESS 4. Ordinance 9 -10, Second Reading Amending Chapter 46 Motor Vehicles and Traffic by Creating an Entirely New Article VI Tequesta Drive Bridge, Providing Regulations Regarding Prohibited Vehicles on the Tequesta Drive Bridge; Providing Exceptions; Providing for the Posting of Traffic Signs (First Reading 8/5/10) Village Attorney Davis read Ordinance 9 -10 on Second Reading by title only. Mayor Watkins declared the public hearing open. Hearing no comments from the public, Mayor Watkins declared the public hearing closed. MOTION Council Member Turnquest moved approval of Ordinance 9 -10 on second reading, seconded by Council Member Humpage; motion carried unanimously 5 -0. 5. Resolution 26 -10 Providing for a Schedule of Fees and Charges relating to Penalties for Violations of Sec. 46 -140, Chapter 46, Motor Vehicles and Traffic of the Village Code of Ordinances. Prohibited Vehicles on the Tequesta Drive Bridge; Providing that this Schedule of Fees and Charges shall be Available for Inspection at all Times at the Village Hall During Regular Business Hours. i Village Attorney Davis read Resolution 26 -10 by title only. Village Attorney Davis advised there were two enforcement options, to go through the Court system or to use a Village citation method, which would be easier. MOTION Council Member Humpage moved approval of Resolution 26 -10, seconded by Council Member Turnquest, motion carried unanimously 5 -0. NEW BUSINESS 6a. Ordinance 11 -10, First Reading Amending the Village Code of Ordinances at Chapter 78, Zoning, Article VI, Schedule of District Regulations. Division 2. Schedule of Use Regulations. Sec. 78 -177. C- 2Community Commercial District Amending This Section to Add "Retail Package Liquors, Cocktail Lounges and Bars" As a Special Exception Use Village Attorney Davis read Ordinance 11 -10 on First Reading by title only. Mayor Watkins declared the public hearing open. Hearing no comments from the public, Mayor Watkins declared the public hearing closed. Minutes - Regular Council Meeting 9/9/10 Page 4 MOTION Council Member Humpage moved approval of Ordinance 11 -10 on first reading, seconded by Vice Mayor Paterno; motion carried unanimously 5 -0. It was clarified that both wine and beer were included. 6. Approval of 2010 -2011 Health Insurance Renewal with Cigna Insurance and Dental Renewal with MetLife Insurance Human Resources Director Merlene Reid introduced Gehring Group representatives who had worked on this matter. Christian Bergstrom explained the recommended health insurance program had been negotiated down to a 1.9% overall increase, and answered questions from Council. MOTION Council Member Humpage moved approval of the 2010 -2011 Health Insurance renewal with Cigna Insurance and Dental Renewal with MetLife Insurance, seconded by Council Member Turnquest; motion carried unanimously 5 -0. Consensus of Council was to hear item 8 next on the agenda. 8. Council Consideration and Approval of the request to adopt a Flexible Spending Account program and authorizing the Village Manager to execute the Plan document when it is completed and reviewed by HR and the Gehring Group. The Village Manager discussed the savings and advantages of the program. Mr. Bergstrom explained how the flexible spending account would work. MOTION Council Member Humpage moved approval of the request to adopt a Flexible Spending Account program and authorizing the Village Manager to execute the Plan document when it was completed and reviewed by Human Resources and the Gehring Group, seconded by Council Member Turnquest; motion carried unanimously 5 -0. 7. Approval of Personnel Policy Revisions: Probation Period, Training Programs, Village Holidays, and Travel Expenses Human Resources Director Reid presented the revisions. MOTION Council Member Humpage moved approval of the Personnel Policy Revisions: Probation Period, Training Programs, Village Holidays, and Travel Expenses; seconded by Council Member Turnquest; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 9/9/10 Page 5 9. Renewal of the Employees Assistance Agreement with the Center for Family Services of Palm Beach County, Inc. for FY 2010 -11. MOTION Council Member Turnquest made a motion to approve renewal of the Employees Assistance Agreement with the Center for Family Services of Palm Beach County, Inc. for FY 2010 -11; Vice Mayor Paterno seconded the motion, which carried by unanimous 5 -0 vote. 10. VAR 2 -10 - Consideration of request for variance from the requirement of §78- 298 to allow Sand Water Grill, Inc. to sell intoxicating liquors, wines and beverages for consumption on the premises within a 680 foot radius of any church, school or youth center, where §78 -298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property is located in the C -2 Zoning District at 157 North U.S. Highway 1. Tequesta, FL. The applicant is Dale Dively. Mayor Watkins read VAR 2 -10 by title. Village Attorney Davis swore in all those intending to testify to agenda items 10, 11 and 12. Mayor Watkins reported ex parte communication that she had met with Sand Water Grill that night; Council Member Humpage reported he had used Kramer's firm as the attorney for his homeowners association. Village Manager Couzzo explained the restaurant at this location had previously been Grassy Flats, but this was a new establishment with new owners, and they were looking for the same privileges. MOTION Council Member Turnquest made a motion to approve VAR 2 -10, Council Member Humpage seconded the motion, which carried by unanimous 5 -0 vote. 11. Sign Application - Approval of Sign Application by Holman Homes, Inc. for Tequesta Commerce Center, 208 -212 U.S. Highway One North, MU mixed -use zoning district, for replacement of an existing free - standing sign with a monument sign measuring nine (9) feet in height by 5.5' wide at the base graduating up to 7.83' at the top. Kansas Grain color with Soft Sapphire accents and lettering. Plantings and mulch will be placed at base of the sign. Village Manager Couzzo advised this had been reviewed by the Planning and Zoning Advisory Board, and recommended approval. Minutes — Regular Council Meeting 9/9/10 Page 6 MOTION: Council Member Humpage made a motion to approve the sign application by Holman Homes, Inc. for Tequesta Commerce Center, 208 -212 U. S. Highway One. Motion was seconded by Council Member Turnquest, and carried by unanimous 5 -0 vote. 12. Site Plan Application - Approval of Site Plan Review Application from Coastal Reconstruction for the Exterior Painting of Sterling House of Tequesta, 205 and 211 Village Boulevard, Mixed -Use Zoning District, in Colors Cascade Green (Building), West Highland White (accent bands, columns, window returns, doors), and Direct Thyme (raised quoins) Kim Lewis and Gail Cochran were present on behalf of Sterling House. MOTION: Council Member Humpage made a motion to approve the site plan application from Coastal Reconstruction for the exterior painting of Sterling House of Tequesta; seconded by Council Member Turnquest, and carried by unanimous 5 -0 vote. 13. This item had been heard as item 6a. Items 14, 15, and 16 were discussed together: Finance Director Forsythe explained EMS software had a number of accounts that were not on the Village books, and asked for approval to write off these items. Segregation of duties was proposed, with only the Finance Department accepting cash for the Fire Department. Vice Mayor Paterno suggested putting the billing out for bid. $89,000 would be appropriated. 14. Approval to Write Off Uncollectable Accounts in the EMS Software that are not Recorded in the Village's General Ledger. MOTION Council Member Humpage moved approval to write off uncollectable accounts in the EMS software that are not recorded in the Village's general ledger, Vice Mayor Paterno seconded the motion; motion carried by unanimous 5 -0 vote. 15. Resolution 29 -10 Authorize Write -off of certain Uncollectable Accounts Due to Various Funds of the Village of Tequesta. Village Attorney Davis read Resolution 29 -10 by title only. MOTION Council Member Humpage moved approval of Resolution 29 -10, Vice Mayor Paterno seconded the motion; motion carried by unanimous 5 -0 vote. Minutes — Regular Council Meeting 9/9/10 Page 7 16. Resolution 30 -10. Authorizing the Write -off of Uncollectible EMS Transport Fees Recorded in General Fund and Identified in Exhibit A; and Appropriating Fund Balance to Fund Bad Debt Expense. Village Attorney Davis read Resolution 30 -10 by title only. MOTION Council Member Humpage moved approval of Resolution 30 -10; Vice Mayor Paterno seconded the motion; motion carried by unanimous 5 -0 vote. 17. Council Consideration and Possible Action to Grant an Employee "Thank You" Day in Recognition of their Dedicated Services to the Village of Tequesta during this most Demanding Year During discussion, one or two days off were proposed. Vice Mayor Paterno indicated he was opposed and felt something should be done for residents who were having a hard time. Council Member Turnquest indicated he would not do this in his business. The other members were not comfortable with the proposal Frank D'Ambra, 23 Leeward, commented that given the economic environment, most people were making less or out of work; staff had received a 5% increase last year; they were already well taken care of. Mayor Watkins withdrew this item for lack of supp but asked Council to give serious Y Pp � 9 thought to something in the future. 18. Council Consideration of Rescheduling the November 2010 Regular Council Meeting due to the Veterans Day Holiday (November 11, 2010) Consensus of Council: The November 2010 Regular Council Meeting was re- scheduled to November 4, 2010 at 7:00 p.m.. STANDING REPORTS • Village Attorney • Village Manager There were no standing reports. I I I Minutes — Regular Council Meeting 9/9/10 Page 8 ANY OTHER MATTERS Village Manager Couzzo was asked about timely completion of the bridge. He responded the spandrels would be installed next Thursday night, for which the bridge would be closed 9 p.m. — 9 a.m. He expressed hope construction would be complete by the dedication. Council Member Humpage commented on the proposal for a camera for the Public Safety monument; Manager Couzzo indicated he preferred to do that this year. Vice Mayor Paterno requested an update on the Cornerstone project. Manager Couzzo reported Cornerstone wanted to terminate the third party agreement, but Brookdale did not want to terminate the agreement. A due diligence extension of two weeks had been received. Four proposals for annexation had been received; the Village Manager indicated those would be presented in October. He suggested ranking the firms solely on their experience, credentials, and professionalism rather than dollars. Consensus was to hear all four proposals the same night, before the October 2010 Council meeting at 6:00 p.m., with each to be assigned a time slot during the October meeting. Frank D'Ambra announced a special meeting of the Public Safety Officers' Pension Board on October 1, 2010, and advised the pension board had made a decision to make a recommendation to the Village Council that reflected a change in the assumed investment rate from 8% to 7 -1/2 %, recognizing that was a net rate of return, not a gross rate of return. Mr. D'Ambra advised through an error in communication that recommendation had not been presented to the Village Council and was not in this year's budget, and for the October 1 meeting he had requested several agenda items, including discussion of improving communication with the Village Council and consideration of the actuarial valuation to be done every year. Mr. D'Ambra invited the Council to attend the October 1 pension board meeting. Manager Couzzo discussed the possibility that the 175 and 185 money might go away if certain changes were made to the plan, which would need to be discussed; if the Council wanted to fund the $90,000 that would be needed to reflect a change in the assumed investment rate from 8% to 7 -1/2 %, that would come from reserves and go into the plan and the Village would never get it back. Mayor Watkins noted this would all need to be discussed at length. I Minutes — Regular Council Meeting 9/9/10 Page 9 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 9.24 p.m. Respectfully submitted, o� 6 Lori McWilliams, MMC 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. I i II