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HomeMy WebLinkAboutMinutes_Regular_11/04/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES NOVEMBER 4, 2010 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 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 Davis, Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pat Watkins 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 discuss Tequesta Fest under Any Other Matters, seconded by Council Member Turnquest who also stated he had an item for Any Other Matters, Vice Mayor Paterno requested to delete item seven; Council Member Humpage asked that item seven be discussed at the end of the agenda; motion carried unanimously 5 -0. CONSENT AGENDA 1. MINUTES: 9/9/10 Regular, 9/9/10 LPA, and 9/16/10 Special 2. Resolution 37 -10. Amending and Increasing the 2010/2011 General Fund #001 Budget by $20,000 to Recognize Revenues and Fund Expenses Related to Participation in the Palm Beach County Interlocal Agreement for Law Enforcement Services Between Palm Beach County and the Village of Tequesta to Provide Increased Patrol and Law Enforcement within the Manatee Enforcement Area 3. Resolution 36 -10 Calling for the General Municipal Election to be held Tuesday, March 8, 2011, and if Necessary, the Municipal Run -off Election to be Held Tuesday, March 22, 2011, for the Purpose of Electing Council Seats 2 and 4 for Two Year Terms; Designating Polling Locations, and Inspectors of Election; Establishing Election Procedures Minutes — Regular Council Meeting 11/4/10 Page 2 4. Resolution 32 -10, Amending Resolution 20 -09 and Revising the Public Records Policy and Setting a Uniform Fee Schedule for Public Records Inspection / Duplication 5. Resolution 39 -10, Awarding a Contract to William H. Murphy g. C. For the installation of 2000 I. F. Of new sidewalk on north cypress drive in the amount of $56,250.00 and appropriating fund balance from the capital projects fund #303 in the amount of $56,250.00 6. Council Approval of Proposed Second Amendment to Declaration of Use Agreement; "Cornerstone" with GMH, Inc. 7a. Resolution 40 -10, Amending and Increasing the 2009 -2010 General Fund #001 Budget $209,245 by Increasing Revenues and Expenditures Related to Insurance Premium Taxes END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Harold Taylor, 13 Chapel Court expressed his frustrations with misconduct on Chapel Court and discontent from neighbors. He asked if Tequesta planned to deal with the issue and asked if it could be placed on the next agenda. Manager Couzzo offered Mr. Taylor to schedule a meeting with himself, Mr. Taylor, Chapel Court residents, and the Village's Acting Police Chief Ricciardi. Sean Gallagher of GMH Capital Partners thanked the Village for working with them on their recent property venture. COMMUNICATIONS FROM COUNCIL Council Member Arena shared a story regarding residents and their appreciation for living in the Village and Tequesta tax rates. He commended the Village Council and staff for their hard work. Mayor Watkins noted a request from the National Guard requesting a charitable donation supporting the Florida National Guard. Minutes — Regular Council Meeting 11/4/10 Page 3 REGULAR AGENDA NEW BUSINESS 8. SE 10 -01, Request for a Special Exception in accordance with the Village Zoning Code to allow a microbrewery use in the C -2 zoning district as provided in Sec. 78 -177. The applicant is Tequesta Brewing Company, Matt Webster. The subject property is located at 287 U.S. Highway #1, Tequesta, Florida 33469. Attorney Davis swore in Council and two residents and asked for ex -parte disclosure. Mayor Watkins stated she had visited the site but spoke to no one. Council Member Humpage explained his connection as contractor on the job. Chief Weinand noted an analysis was performed which established no problems. Arika Perry, 283 Country Club Drive, offered information on the projects progress. MOTION: Council Member Turnquest moved approval of SE 10 -01, Vice Mayor Paterno seconded the motion, which carried by unanimous 5 -0 vote. 9. Ordinance 10 -10, First Reading Amending its Comprehensive Plan to Update the Capital Improvements Element Five Year Capital Improvements Schedule Pursuant to Section 163.3177(3)(b)1 Florida Statutes (F.S.) Attorney Davis read Ordinance 10 -10 title into the record. Mayor Watkins opened the public hearing to Council for Comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Turnquest moved approval of Ordinance 10 -10, Vice Mayor Paterno seconded the motion, which carried by unanimous 5 -0 vote. 10. Ordinance 8 -10, First Reading Adopting a New Sec. 2 -34. To be Entitled Village Logos, Providing for the Official Adoption of Two Village Logos; Describing the Village Logos; Providing that the said Village Logos may only be Utilized for Official Village of Tequesta Business or upon the Written Approval by the Village Council, Florida; Providing that the Village Council may Grant Approval for the Use of the Logos for a Proper Purpose; Providing that the Village Council May Adopt Reasonable Rules for the Manufacture, Use, Facsimile or Reproduction of these Logos; Providing for Penalties; Providing for Minutes — Regular Council Meeting 11/4/10 Page 4 Registration with the Secretary of the State of Florida and the United States Patent and Trademark Office Attorney Davis read Ordinance 8 -10 title into the record. Mayor Watkins opened the public hearing to Council for Comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 8 -10, Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. 11. Ordinance 12 -10, First Reading Amending the Village Code of Ordinances by Creating an Entirely New Chapter 76. Waterway Control. Relocating the Village's Waterway Control Code from Article XIII. of the Zoning Code to the Newly Created Chapter 76.; and Adopting Regulations that Create a New Boating Restricted Area from 300 Feet North of the Tequesta Drive Bridge to 300 Feet South of the Tequesta Drive Bridge, which Area would Restrict Boat Traffic to "Slow Speed Minimum Wake" Attorney Davis read Ordinance 12 -10 title into the record. Mayor Watkins opened the public hearing to Council for Comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 12 -10, Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. Manager Couzzo expressed thanks to Sgt. Pike for his assistance in developing safety in the Village. 12. Ordinance 13 -10, First Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. at Article IX. Supplemental Regulations. Division 6. Marina Facilities. Sec. 78 -483. Construction of Docks. By Amending this Section to make Reference to the New Waterway Control Chapter for Regulations Regarding the Construction of Docks; and at Article XIII. Uniform Waterway Control. By Repealing this Article in its Entirety and Reserving it for Future Use Attorney Davis read Ordinance 13 -10 title into the record. Minutes — Regular Council Meeting 11/4/10 Page 5 Mayor Watkins opened the public hearing to Council for Comments; there being none she opened the hearing to the public. Frank D'ambra, 23 Leeward Circle asked the Attorney for an explanation of the Ordinance and zoning. Attorney Davis explained this was a companion to Ordinance 12 -10. Mayor Watkins hearing no additional comments closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 13 -10, Vice Mayor Paterno seconded the motion, which carried by unanimous 5 -0 vote. 13. Council Consideration to Change Council Meeting Time from 7:00 p.m. to 6:00 p.m. Manager Couzzo gave a brief update on the reasoning behind the change. MOTION: Council Member Humpage moved approval of changing Council meeting times to 6:00 p.m., Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. 7. Resolution 38 -10 Appropriating Fund Balance and Increasing the General Fund 2010 -2011 Budget and Providing for the Replacement of a Fire Department Vehicle Manager Couzzo explained that an accident occurred which bent the frame on the Chiefs previous vehicle which also had high mileage. He noted money had been received from insurance and discussed replacement and /or repair options. Manager Couzzo stated the Chief could continue driving the vehicle that he was driving at present but did not feel it was a long term solution. Vice Mayor Paterno suggested changes to procedure when replacing vehicles. Chief Weinand explained vehicle size was vital for specific uses. Vice Mayor Paterno questioned cars that appeared to be sitting unused. Manager Couzzo explained that older cars were utilized by other departments for errands or surplused. Council Member Humpage supported replacing the older vehicle. Mayor Watkins maintained that safety should be first and insurance money was available for the purchase. Minutes — Regular Council Meeting 11/4/10 Page 6 Attorney Davis read the Resolution title into the record. MOTION: Council Member Humpage moved approval of Resolution 38 -10, Council Member Arena seconded the motion, which carried by 4 -1 vote with Vice Mayor Paterno dissenting. STANDING REPORTS • Village Attorney Attorney Davis referenced the property at 479 Seabrook Road and reported that the tenant had not vacated the property as promised. He noted the sellers' attorney had been notified and would follow through to have the occupant removed. He expressed his confidence with the completion of the deal in the next couple weeks. • Village Manager Manager Couzzo verified that the Village Attorney would not close the 479 Seabrook Road property until it had been vacated. Attorney Davis reported that a resident had expressed interest in purchasing and developing the property for single family homes and questioned if Council had interest in pursuing the proposal. Council Member Turnquest asked if there were ramifications for such a transaction. Manager Couzzo replied there were not and noted that the Village Attorney would be putting together information for Council to review. Attorney Davis reported the Village Charter and Code had no restrictions on Council if a sale was in the best interest of the Village. Manager Couzzo felt Council should consider soliciting the property to obtain the best price. Council Member Humpage felt the original reason the Village got involved was to correct code issues and felt once that was accomplished the property would be more valuable and beneficial to the Village. Mayor Watkins supported the property being resold for a profit. Council Member Humpage felt there was no rush and the property could attract more interest and money in the future. Manager Couzzo responded that each lot could bring $75,000. He mentioned using the property in a property swap with the Lighthouse Center for the Arts and that the Village would be in a more desirable position by having cash to offer. He suggested that the Village would be in a more desirable position by having cash to offer. Vice Mayor Paterno questioned losing its green space value of the property if the Village sold. He also voiced his concern with the possibility of the property becoming a Minutes — Regular Council Meeting 11/4/10 Page 7 problem area that the Village would need to patrol. Council Member Turnquest suggested Manager Couzzo bring all offers forward for Council to consider. Attorney Keith Davis reported that the Cornerstone property had closed and the Village would receive $180,000 from code liens previously placed on the property and stated the amended use agreement would be recorded. Manager Couzzo noted that a special meeting would be scheduled to discuss the text book amendment proposed by GMH Partners. Attorney Keith Davis noted details associated with a referendum that had been passed county wide regarding ethics regulations. Manager Couzzo offered an update on the Tequesta Bridge progress. He noted finishing touches which should conclude the project before long and informed Council that the police department had done a terrific job controlling the construction zone and had issued speeding tickets as well. Council Member Turnquest questioned landscaping and condo privacy. Manager Couzzo stated the schedule relating to the plantings and lighting issues would be addressed. Manager Couzzo reported that the Village had submitted a grant application to the South Florida Water Management for one million dollars and should hear word within a week and expressed his confidence with the outcome. He noted Tequesta Fest November 20 and that 1,000 residents had requested wrist bands for entrance to the event to date. He added that the Sheltra Race Car dressed with the Village logo would be a main attraction along with Patrick Sheltra and his crew. Manager Couzzo noted the International Association of Fire Fighters (IAFF) contract and several changes relating to the pension and stated that outside counsel had been hired and actuary studies would be prepared. Frank D'Ambra, Public Safety Pension Chair, offered a handout regarding the pension board and offered a brief explanation on the background. Mayor Watkins asked for clarification on contracting actuary services. Mr. D'Ambra replied that the pension board had Village information and Council would incur additional costs with employing a new actuary. Manager Couzzo suggested the actuary modify the language. Vice Mayor Paterno felt an alternate actuary should be hired and suggested a closed door meeting be scheduled due to contract issues. A Special Meeting on December 2 " at 9:00 a.m. was set to hear GMH Partners proposal regarding the property formally referred to as Cornerstone. Minutes — Regular Council Meeting 11/4/10 Page 8 ANY OTHER MATTERS Council Member Humpage advised that the Legion would be including wine at Tequesta Fest along with the approved beer sales. Council voiced no issue with the addition. Council Member Turnquest suggested the Village place a restriction on the age of tricker treaters. Mayor Watkins suggested concerned residents not open their doors or coordinate alternate plans with their HOA (Home Owners Association). Attorney Davis stated an age restriction could not be implemented. Council Member Arena recommended a fire safety driving course on the Seabrook property. He also inquired about sales of Tequesta shirt and hat being sold at the Tequesta Fest. Manager Couzzo stated that had been discussed and was a possibility. Vice Mayor Paterno suggested purchasing wireless routers and having them installed by Brad Gomberg for Council Members with the need and noted they would be Village property. Manager Couzzo confirmed that would be completed. Frank D'Ambra, Public Safety Pension Chair (PSO) offered and update on the (PSO) pension investment account and noted that the board would look at several new managers and evaluate a possible change regarding such. He then requested Council to place raising the international allocation from 15% to 25% on their next Council Agenda. Council consensus was to place the PSO request on their next agenda. 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 8:51 p.m. Respectfully submitted, 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.