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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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,
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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.
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