HomeMy WebLinkAboutMinutes_Regular_12/13/2007MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING MINUTES
DECEMBER 13, 2007
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Jim Humpage at 7:53 p.m., immediately
following the Local Planning Agency meeting. A roll call was taken by Village Clerk Lori
McWilliams. Present were: Mayor Jim Humpage, Vice Mayor Pat Watkins, Council
Member Dan Amero, Council Member Tom Paterno, and Council Member Calvin
Turnquest. Also in attendance were: Village Attorney Sterling Halverson, Village
Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Invocation was given by Vice Mayor Watkins, followed by the pledge to the flag.
APPROVAL OF AGENDA
MOTION: Vice Mayor Watkins moved approval of the agenda; seconded by Council
Member Turnquest. Vice Mayor Watkins requested to pull Consent Agenda Item 2 for
correction and addition of two items under Any Other Matters. Council Member Amero
requested removal of items 5a and 5b for discussion. Council Member Paterno
requested removal of items 5c, 5d, and 7. Consensus of Council was to move Item 13
to follow Presentations/Proclamations. Mayor Humpage requested addition of four
items under Any Other Matters to be brought back to another meeting: consideration of
a letter from the General Employees Pension Board regarding paying interest on
employee contributions; common area maintenance; water restrictions; and a citizen to
serve on the Loxahatchee River Council. Motion carried by unanimous 5-0 vote.
PRESENTATIONS /PROCLAMATIONS
Presentation of Recognition Plaque to Michael Cesarano for his Dedication and
Services to the Village of Tequesta and its Residents during the 50th Anniversary
and Fall Festival Celebrations.
Mayor Humpage and Dottie Campbell presented to Mike and Sue Cesarano a
recognition plaque for all their hard work on the parade for the 50th Anniversary at the
Fall Harvest Festival Celebration. Mayor Humpage also gave credit to his wife and
Dottie Campbell, who worked with Mr. and Mrs. Cesarano on these events. Vice Mayor
Watkins thanked Mr. Cesarano for the countless hours he had given to both Jupiter and
Tequesta during his years in the parade business.
NEW BUSINESS (ITEM MOVED TO FOLLOW PRESENTATIONS /
PROCLAMATIONS)
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Page 2
13. Resolution 13-07/08. Entering into a Contract Agreement with the
Law Firm of Corbett and White to Provide Legal Services to the
Village of Tequesta as the Village Attorney
Mayor Humpage announced the Village had been looking for an attorney to serve their
needs in the future, and the seven applicants had been narrowed to two, from which the
Council overwhelmingly and unanimously chose the firm of Corbett and White, with the
lead attorney being Trela White and her associate Keith Davis. Council Member
Amero and Vice Mayor Watkins extended a welcome to the attorneys. Attorney White
indicated she and attorney Davis looked forward to working with Council.
Attorney Sterling Halverson read Resolution 13-07/08 into the record. Village Clerk
McWilliams pointed out that the letter sent on December 7, 2007 and provided to
Council was the correct Contract Agreement letter.
MOTION: Council MemberAmero moved approval of Resolution 13-07/08. Vice Mayor
Watkins seconded the motion, which carried by unanimous 5-0 vote.
COMMUNICATIONS FROM CITIZENS
Mr. Russell von Frank, 489 Dover Road, submitted a comment card which stated
surprise, I'm still thinking, Merry Christmas and Happy New Year.
Geraldine Genco Dube, 7 Country Club Circle, commented on the water shortage being
a huge issue to the Village. She commented she wanted the Village to be an example
to the rest of South Florida on reverse osmosis, and asked the Village Council to make
that a priority.
Elizabeth Schauer, 85 Teakwood Circle, speaking as Planning & Zoning Chair,
commented a joint meeting was scheduled for 1/8/08 with the Village Council, and she
had been told that Planning & Zoning needed to have a plan. Several of the Board
members were asking Council for their direction. Ms. Schauer advised this was a
unique board with a lot of talent; and they didn't want to approve anything that the
Council might totally squash--they wanted to represent Council. Ms. Schauer invited
Council Members to read minutes and listen to meeting tapes in order to give the Board
a general idea on where Council wanted them to go. Mayor Humpage asked if she or
anyone on the Board or wanted Council to consider specific areas to send them to the
Village Clerk. The Mayor asked the Village Clerk to send an a-mail to the members of
the Board asking them to send to her specific areas they would like the Council to
consider.
COMMUNICATIONS FROM COUNCIL
Vice Mayor Watkinswished everyone a happy holiday, and commented the Village was
in excellent shape and the Council was working hard to keep it that way.
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Council Member Amero commended staff on a wonderful job on the decorations at
Village Hall and the contest for voting on the best door. Council Member Amero also
commended the Police Chief and Police Department staff for being selected as a
national award winner for outstanding participation in the 24th Annual National Night Out
Against Crime, which was a significant achievement.
Council Member Paterno wished everyone and their families and friends a happy
holiday.
Council Member Turnquest thanked the employees for their hard work and
perseverance; asked them to relax and enjoy themselves during the holidays, and
wished all happy holidays.
Mayor Humpage thanked everyone that came to the meetings and everyone who
helped make this is a great year, and asked residents to keep in touch with Council and
work as a team. The Mayor wished everyone happy holidays.
CONSENT AGENDA
MOTION: Council Member Turnquest moved approval of the following Consent
Agenda items (Items 2, 5a, 5b, 5c, 5d, and 7 were pulled.]; seconded by Council
Member Paterno; motion carried by unanimous 5-0 vote.
1. Village Council Special Meeting Minutes August 9, 2007
3. Village Council Special Meeting Minutes November 7, 2007
4. Village Council Regular Council Meeting Minutes November 8, 2007
4a. Village Council Workshop Minutes November 13, 2007
5. Resolution 14-07/08, Awarding Bid to REP Services, Inc. in the Amount
of $44,635.05 (Allocated Budget of $112,500) to Provide Bison
Playground Basketball Goals, (1) 10 X 30 Shade Walk for Swings Area,
(2) 10 X 10 Cafe Umbrella with Shade Fabric for Sitting Area, (1) 16 X 16
Pavilion, (3) Picnic Tables, and (2) 6' Benches for Constitution Park -
Piggyback Bid off Palm Beach County Board of County Commissioners
Term Contract #05074 and City of Jacksonville Contract #SC-0511-06
6. Boards and Committee Appointments / Reappointments
A. Reappoint Vi Laamanen to the Board of Adjustment -Council
Appointee - for a term of 3 years -expiring 11/18/10
B. Reappoint Ward Bertholf to the Board of Adjustment -Council
Appointee - for a term of 3 years -expiring 12/9/10
END OF ITEMS APPROVED ON CONSENT AGENDA
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ITEMS PULLED FROM CONSENT AGENDA
2. Village Council Workshop Minutes August 14, 2007
Vice Mayor Watkins confirmed that the reference to Karen Golonka on page 10,
second paragraph should be Karen Marcus, and that the County should be
substituted for Jupiter at the end of the paragraph.
MOTION: Vice Mayor Watkins moved approval of the Village Council Workshop
Minutes of August 14, 2007 as amended. Council Member Amero seconded the
motion, which carried by unanimous 5-0 vote.
5a. Resolution 16-07/08, Approving Appointment of Dana Investment Advisors, Inc.
to Evaluate Tequesta's Current Short Term Investments and Alternatives for a
Fee of $5,000.00
5b. Resolution 17-07/08, Approving a Month to Month Agreement with Dana
Investment Advisors, Inc. to Act as Investment Managers /Advisors for the
Village for a Monthly Fee not to Exceed $1,500.00
Items 5a, 5b and 5c were considered together.
Council Member Amero asked if this item had been budgeted. Finance Director
Forsythe explained it had not been budgeted but there was $25,000 in Other
Contractural Services under General Government which benefitted all
departments, and this particular item was not foreseen at the time the budget
was done. Council Member Turnquest asked if there was a limit on the
timeframe in 5b, to which Ms. Forsythe responded this had been placed on the
agenda to receive guidance from Council; that Dana Investment Advisors would
offer different plans to choose from and could place investments in low risk
secure accounts; her concern was $9 million currently in cash accounts in SBA
investments; some were underwritten using sub-prime mortgages. The most this
would cost would be $1,500; if it were found that they could provide their service
in less time, it would cost less. This company had been located as a result of an
RFP done for the pension fund and they had been doing a very good job, and
there would be an RFP in the future. Village Manager Couzzo explained this
would be a short-term analysis which would not take a long time-they needed to
look at cash flow analysis and go into investments that were 3-12 months; within
90 days an RFP would be done, if needed.
Council Member Paterno commented he would like to tie in item 5c with these
two items.
5c. Resolution 18-07/08, Authorizing the Village Manager to Initiate the Opening of
Accounts with Local Banks as needed in the Best Interest of the Village of
Tequesta
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In response to Council Member Paterno's request to explain SBA investments,
Ms. Forsythe advised it was an investment pool by the State board of
administration that pooled all local government funds together to receive a
greater interest rate. The fund was established in 1982 -the Tequesta Council in
1987 made the decision to invest in the pool, which currently had an interest rate
of 4.12%. Ms. Forsythe had spoken with Finance Directors of other
municipalities, who also were concerned with investing in funds backed by sub-
prime mortgages, and recommended going with Dana Investment Advisors to do
an initial analysis, and then a decision could be made by Council as to where
they wanted to invest. Council Member Paterno asked the amount in an
account that could be federally insured; Ms. Forsythe advised since this was a
government, there was no limit on the amount; the total amount was federally
protected.
Village Manager Couzzo indicated the authorization requested in item 5c was to
benefit the Village; if other banks in Tequesta had better rates than currently
being received, funds could be split to benefit both the Village and the banks
doing business within the Village, but the money would not be spread out to
receive less interest.
Council Member Paterno commented items 5a, 5b, and 5c were all intertwined;
he would like to see an RFP within a reasonable amount of time; he was familiar
with Dana Investment Advisors, Inc.; he had not spoken to Ms. Forsythe or
influence her in any way.
Vice Mayor Watkins noted she was glad to see this matter addressed.
Geraldine Genco commented that in addition to the $1,500 fee, if Dana
Investment Advisors invested in any securities, there would also be a transaction
fee.
MOTION: Council Member Amero moved approval of items 5a, 5b and 5c. Vice Mayor
Watkins seconded the motion, which carried by unanimous 5-0 vote.
5d. Resolution 19-07/08, Approval to Appropriate Funding for Purchase Orders
Budgeted for FY 2007 but not expected to be completed until FY 2008:
$19,646.83 from General Fund; $55,435.90 from Capital Projects Fund; and
$7,500.00 from Water Utility Fund.
Council Member Paterno asked if this was the total amount that would be rolled
forward; Ms. Forsythe confirmed this was the total.
Attorney Halverson read Resolution 16-07/08, Resolution 17-07/08, Resolution
18-07/08, and Resolution 19-07/08 by title.
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MOTION: Council Member Patemo made a motion to approve Resolution 19-07/08.
Vice Mayor Watkins seconded the motion, which carried by unanimous 5-0 vote.
7. Ordinance 623, First Reading, to Correct a Scrivener's Error in Section 78-4,
Definitions, of Chapter 78, Zoning, in the Village of Tequesta Code of Ordinances
(Second Reading 1/10/08)
a) Open Public Hearing
b) Council Comments
c) Public Comment
d) Close Public Hearing
e) Motion on the floor
Council Member Paterno commented he had hoped that the code in reference to
the area would have been changed all at once; that he would rather the new
attorney review the entire issue all at once. Mayor Humpage advised this only
corrected the scrivner's error and was not changing anything.
Attorney Halverson read Ordinance 623 by title only on first reading.
Mayor Humpage advised this was an error that was in the Village's code book
and was the definition of front, year and side yards. The front yard definition was
identical to the back yard definition-it just got mixed up by the printers, and this
would correct it.
Mayor Humpage declared the public hearing open. Hearing no comments from
the public, Mayor Humpage declared the public hearing closed.
MOTION: Council Member Patemo made a motion to approve Ordinance 623 on first
reading by title only. Vice Mayor Watkins seconded the motion, which carried by
unanimous 5-0 vote.
END OF CONSENT AGENDA
REGULAR AGENDA
UNFINISHED BUSINESS
8. Ordinance 622, Second Reading, Providing for the Submission to the
Electors of said Village an Amended Village Charter (First Reading -
11/8/07)
a) Open Public Hearing
b) Council Comments
c) Public Comment
d) Close Public Hearing
e) Motion on the floor
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Mayor Humpage declared the public hearing open. Attorney Halverson
read Ordinance 622-07/08 by title only on second reading.
Mayor Humpage commented he was happy with everything; the
committee had done a great job. He had noticed one thing, and he had
phoned Attorney Randolph. In Section 2.07, the wording in the first
sentence was "The Village Council shall appoint legal counsel as it deems
necessary to serve at the pleasure of the Council and to act as legal
advisor to the Village and to all of its officers on matters relating to their
official duties."' The word "officers" was not used anywhere else in the
Charter and was not defined anywhere in the charter, and Mayor
Humpage stated he did not know who the officers were. Attorney
Randolph had advised the quick fix would be to end the sentence after the
word "Village". The wording would then be ".....at the pleasure of the
Council and to act as legal advisors to the Village." The second sentence
would remain. Geraldine Genco commented there was a definition of
department heads and staff; she was concerned that the context was
being changed. Mayor Humpage responded he had asked Attorney
Randolph if this had been addressed; he said the Committee looked at it
and it looked okay. Ms. Genco commented it had been brought up but
everybody felt it was not important. Attorney Halverson read the section
for Ms. Genco's clarification. Ms. Genco had no objection to the
recommended change.
MOTION: Council Member Amero made a motion to approve Ordinance 622-07/08 on
second reading by title only, as amended. Vice Mayor Watkins seconded the motion,
which carried by unanimous 5-0 vote.
NEW BUSINESS
9. RESCHEDULED TO JANUARY 2008 COUNCIL MEETING
10. Resolution 8-07/08, Encouraging the Extension of Col. Paul Grosskruger
as Commander, Jacksonville District, U.S. Army Corps of Engineers
beyond his Anticipated Normal Rotation Date of July 2009
Attorney Halverson read Resolution 8-07/08 by title.
MOTION: Council Member Amero moved approval of Resolution 8-07/08. Council
Member Turnquest seconded the motion. During discussion of the motion, Council
Member Amero advised he brought this forward to see if Council wanted to investigage.
Council Member Turnquest noted his resume looked good. Village Manager Couzzo
expressed his opinion that Jacksonville wanted to keep him because of his specific
knowledge, instead of bringing in someone new during the severe drought conditions.
Council Member Paterno indicated he would like to pass; Vice Mayor Watkins agreed.
Council Member Amero withdrew his motion and made a motion to table this item so
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that the Village Clerk could investigate what other communities had done. Council
Member Tumquest seconded the motion, which carried by unanimous 5-0 vote.
11. Resolution 11-07108, Supporting House Bill 1363 Entitled "Organized
Criminal Activity," which renames and amends the "Criminal Street Gang
Prevention Act of 1996"
Attorney Halverson read Resolution 11-07/08 by title.
MOTION: Vice Mayor Watkins moved approval of Resolution 11-07/08. Council
Member Amero seconded the motion. During discussion of the motion, Vice Mayor
Watkins noted this came in the packets, and she would like Chief McCollom to discuss
it. Police Chief McCollom explained the Resolution had passed the House but died in
the Senate, and the Bill needed to be chargedwhich could be done by the Village
Council--to go back into the next session in 2008. The Bill specifically went after the
Florida gang problem and would give FDLE authority to start amassing a list of known
gangs and their members to be shared and used by local law enforcement. The list
would be maintained by FDLE. Motion carried by unanimous 5-0 vote.
12. RESCHEDULED TO JANUARY 2008 COUNCIL MEETING
14. Resolution 15-07/08, Approving a Settlement Agreement Relative to the
Matter of Vince Arena Vs. the Village of Tequesta.
Attorney Halverson read Resolution 15-07/08 by title.
Village Manager Couzzo reported this was a settlement agreement
relative to a code enforcement matter which came before the Village
Council in Attorney/Client Session.
MOTION:
Vice Mayor Watkins moved approval of Resolution 15-07/08. Council Member Amero
seconded the motion. During discussion of the motion, Council Member Amero,
Council Member Tumquest, and Vice Mayor Watkins indicated they were grateful to see
a resolution of this matter. Vice Mayor Watkins commented she wanted Mr. Arena to
know that many residents had spoken to her expressing appreciation for the way Mr.
Arena kept his property. Council Member Paterno expressed concern the fence would
still be in the right-of-way; the tongue of the trailer would overhang the right-of-way.
Vice Mayor Watkins commented she thought that was discussed as a compromise; the
Council was aware this was not a pen`ect solution and was an unusual situation;
however, they could live with it and that was why she had wanted to tie this to Mr. Arena
and not the next buyer of his property. A comment was made there was not room for a
sidewalk, but it was noted there were 11 feet, not 5. Council Member Paterno stated
this was something to which he just wanted to bring attention. Motion carried by
unanimous 5-0 vote.
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Vince Arena, 463 Tequesta Drive, commented throughout this one year
and eight months ordeal he had concluded no one was 100% right, no one
was 100% wrong, after the Council got involved it was resolved very
quickly, and he and his family, his friends, and his neighbors thanked the
Council, and he wished them happy holidays.
15. Council Authorization to Terminate the Legal Services of the Law
Firm of Jones, Foster, Johnston and Stubbs, P.A. and authorizing the
Mayor to send a letter on behalf of the Council
Mayor Humpage expressed his appreciation to Attorney Halverson; Vice
Mayor Watkins asked her to convey to the firm the Council's appreciation
for their long relationship, and express their best wishes.
STANDING REPORTS
16. Village Attorney
Attorney Halverson noted Attorney Hawkins' report for November 2007
was in the packets, and she was available for any questions. No one
asked any questions.
17. Village Manager
Village Manager Couzzo reported South Florida Water Management
District had modified water restrictions to go from watering two days to
one day a week ;odd numbered homes on Monday 4 - 8 a.m. or 4 - 8
p,m, ;Tuesday for even numbers. This would not affect car washing or
pressure cleaning, or multi-unit structures. All of the details would be
posted on the Village web site.
The Village Manager wished everyone happy holidays.
ANY OTHER MATTERS
Vice Mayor Watkins announced plans for the Business Forum were moving forward,
and publicly thanked Village Clerk McWilliams and Executive Assistant Telfrin for their
work on this project. Costs would be taken from the Vice Mayor's discretionary funds.
Vice Mayor Watkins asked the Council to look at the past year, the status of Village
finances, and revisit giving the Manager a PRC this year.
Council Member Amero commented on discussing annexation with a friend and the new
VIP program for events, and advised he knew a lot of people who did not live in
Tequesta who showed up and took advantage of the events, and suggested extending
the VIP program a little further. The Village Manager explained the VIP program would
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provide incentives to become a resident, and there would be a cost savings to VIP
program participants.
Council Member Amero stated he wanted to provide incentives to departments and their
employees for showing the Village ways to do things more efficiently or provide cost
savings.
Council Member Amero asked about the RFP for Tequesta Park, which Village
Manager Couzzo advised was on his desk for signature. Council Member Amero
expressed his opinion Tequesta Park would be a great park when finished.
Council Member Amero asked what was being done about an IT person. Village
Manager Couzzo advised an IT person had been hired and was under the Police
Department, and was working out very well. Chief McCollom reported Brad Gomberg
had been with the Village since the second week in October, had taken care of a lot of
issues, and had provided invaluable service.
Mayor Humpage asked for consensus on whether to place the following items on the
January agenda:
• Paying interest on employee contributions into the General Pension; Consensus
of Council agreed.
• Common area maintenance; Consensus of Council agreed.
• Loxahatchee River Council civilian representative and possibly an alternate;
Consensus of Council agreed.
• 18% water surcharge when the once a week watering requirements take effect;
Consensus of Council agreed.
Council Member Paterno commented on the revenues of four million that were
budgeted for the Water Department and noted the Village needed $335,000 a month in
revenues and that as of 11/30/07 revenues were only $289,000 per month leaving a
shortage of $43,171. He stated multiplied by 12 months would leave the budget
$518,000 short. He recommended Council consider action on the next agenda to raise
revenue or cut expenses; not necessarily to raise and would like to expenses cut a little
more. Village Manager Couzzo stated he could provide more in depth projections.
Mayor Humpage announced there would be a Special Council Meeting on December
18, 2007 at 8:15 a.m. regarding the General Employee wages.
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ADJOURNMENT
MOTION: Upon motion by Council Member Amero, seconded by Council Member
Paterno, the meeting was adjourned at 9:36 p.m. by 5-0 vote.
Respectfully submitted,
~4'Li-~CL(~LLL21n--
Lori McWilliams, CMC
Village Clerk
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