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HomeMy WebLinkAboutMinutes_Regular_12/08/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES DECEMBER 8, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:11 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Jim Humpage and Council Member Calvin Tumquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Calvin Tumquest offered prayer and the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Tumquest moved approval of the agenda and asked that items eight and thirteen be pulled for discussion, seconded by Council Member Humpage; motion carried unanimously 5 -0. Mayor Paterno announced that Ron Smith recipient of item five would not be attending tonight's meeting. PRESENTATIONS / PROCLAMATIONS 1. Presentation of Artwork to the Village by Art Illusion Designs - Ferlander Arguedas Mr. Ferlander Arguedas offered back ground regarding the process of obtaining, treating and painting feathers which were used in his art work. He then presented one of his creations as a gift to the Village. Mayor Paterno expressed gratitude for the piece and thanked the group for their volunteerism in painting the Village bollards with holiday scenery. Mayor Patemo noted that the artist had also offered to paint a large area, for the cost of supplies and, Council would consider what and where. He stated that the side of the Tequesta Bridge would be considered. Mayor Paterno also pointed out that the bollards would be contracted in early 2012 with the artist to be permanently painted with Indian artistry. Minutes — Regular Council Meeting 12/08/11 Page 2 2. Proclamation of Appreciation Presented to Fedander Arguedas and Lin Luna of Art Illusion Designs Clerk McWilliams read the proclamation of thanks. 3. Tequesta Fire Rescue Check Presentation to Honor Flight of Proceeds from the Chili Cook -off and Beer Tasting Event Dave McGovern noted the activities involved with the event and presented a check in the amount of $8,805.72. Jim Beck, Honor Flight representative thanked Tequesta Council and the Fire department for their support and expressed gratitude to the persons and groups involved with making the fund raiser a success. He presented an honorary pin of thanks to Dave McGovern for all his contributions with the event. PROCLAMATIONS 4. Proclamation of Appreciation to Russell White for 36 Years of Dedicated and Loyal Service to the Village of Tequesta Mayor Paterno shared that Mr. Russell White was the longest employee of the Village of Tequesta. Clerk McWilliams read the proclamation on behalf of the Village. Mr. White expressed thanks for the recognition. Council Member Humpage shared a memory from a time early in Mr. White's career with the Village. Mayor Paterno recognized Joanne Bumsed for her 26 years of service and noted a plaque which would house names off all Village employees with a minimum 25 years of service. S. Proclamation of Appreciation to Ron Smith for 34 Years of Dedicated and Loyal Service to the Village of Tequesta Recipient was not present therefore; the Proclamation was not read. CONSENT AGENDA Attorney Davis noted item seven should read February 2012. Minutes — Regular Council Meeting 12/08/11 Page 3 MOTION: Council Member Brennan moved approval of the consent agenda with items eight and thirteen pulled for discussion by Council Member Tumquest and the date correction on item seven, seconded by Council Member Tumquest, motion carried unanimously 5-0. 8. Per Village Ordinance we are Presenting the Following Agreements, Proposals, Commitments and Memorandum of Understanding to Council: a. Acousti -Blok Quote /Contract for Acoustical Fencing b. Art Illusions and the Village of Tequesta Hold Harmless, Indemnity and Liability Agreement c. Car -Comm Proposal /Contract d. Mike Cesarao and The Village of Tequesta Hold Harmless, Indemnity and Liability Agreement e. Chris Wayne and Associates, Inc. f. Miracle Recreation Equipment Company Quote /Contract g. Palm Beach County and The Village of Tequesta Interlocal Agreement h. SimplexGrinnell Service Solution Annual Agreement Council Member Tumquest noted typo errors in item 8d which stated 2010 and December 12 which should read December 11, 2011. MOTION: Council Member Humpage moved approval of item eight with Council Member Tumquest's amended date changes, seconded by Council Member Brennan, motion carried unanimously 5 -0. 13. Budget Amendments for Fiscal Year 2011 -2012 Council Member Tumquest corrected item 13 under budget transfer where $900 was added and should be deducted with $8,794 instead of $10,594. Manager Couzzo responded that the error would be double checked and corrected. MOTION: Council Member Humpage moved approval of the amended monetary changes to the budget figure, seconded by Council Member Brennan, motion carried unanimously 5-0 6. MINUTES: 11/10/11 Regular Meeting 7. Council Consideration and Approval to Sponsor the Palm Beach County League of Cities January 2012 Luncheon at the Tequesta Country Club — Not to Exceed $5000 9. Resolution 30 -11, Approve the Village of Tequesta Purchasing Policies and Procedures Minutes — Regular Council Meeting 12/08/11 Page 4 11. ITEM REMOVED FROM AGENDA Council Approval of El Portal / River Drive Plans as Forwarded by TECA — Tequesta Country Club 12. Council Approval of FPL Access to Tequesta Drive Bridge 10. Council Action Regarding Annexation Report COMMUNICATIONS FROM CITIZENS None. COMMUNICATIONS FROM COUNCIL Council Member Tumquest announced he would not run in the upcoming 2012 municipal election as he was seeking a seat for District 82 with the Florida House of Representatives. He thanked the Village and Council members for the experience. Council Member Humpage wished everyone a Merry Christmas. He voiced his concern with recent anonymous letters received by Village staff and encouraged the sender to come forward in the public with their concerns. Council Member Brennan noted the recent burglaries and her concern for the potentially illegal process of pawning. She noted that a 17 year business in the Village was recently found to be consciously accepting stolen jewelry and subsequently closed down. She expressed her understanding of gratitude from vendors at the recent Tequesta fest and thanked Vice Mayor Arena for all his support regarding Parks and Recreation and Village events. Vice Mayor Arena wished happy holidays to everyone and thanked Parks and Recreation for all they do in the Village. He then wished Council Member Tumquest the best on his ventures. Mayor Paterno noted the great time had by all at the Tequesta Fest. He noted the list of information recently obtained by Tequesta from the Florida Highway Patrol which could assist residents who may have missed renewing tags or licenses along with reprimanding those who may be driving illegally. Mayor Paterno wished good luck to Council Member Tumquest, offered his help and thanked him for his dedication. REGULAR AGENDA 14. Ordinance 21 -11, Second Reading, Amending the Village Code of Ordinances Minutes — Regular Council Meeting 12/08/11 Page 5 at Chapter 78. Zoning. Article I. In General. At Section 78 -6. Enforcement Officer; Violations; Penalties. By Amending this Section to Revise the Penalty Provisions in Conformance with the Code Enforcement Special Magistrate Process; and Article III. Appeals and Variances. At Sections 78 -63. Appeal Procedure. And Section 78 -64. Stay of Proceedings Pending Decision on Appeal. By Amending these Sections to Revise the Village's Administrative Appeal Process — (First Reading 11/10/11) Attorney Davis read Ordinance 21 -11 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 21 -11; seconded by Council Member Humpage; motion carried unanimously 5 -0 15. Ordinance 24 -11, Second Reading, Amending its Comprehensive Plan to Update the Capital Improvements Element Five Year Capital Improvements Schedule as Provided in Section 163.3177(3)(b), Florida Statutes, Providing that the Text, as Amended or Revised, shall be Substituted for and Replace in Full the Existing Text in the Adopted Capital Improvements Element; and Providing for Transmittal of a Courtesy Copy of the Adopted Amendment to the State Land Planning Agency Attorney Davis read Ordinance 24 -11 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Brennan moved approval of Ordinance 24 -11; seconded by Council Member Humpage; motion carried unanimously 5 -0 16. Ordinance 25 -11, Second Reading, Amending the Village Code of Ordinances at Chapter 2. Administration. By Repealing in its Entirety Ordinance 14 -11 and Repealing all Amendments to Exhibit "B" of Section 2-61 (Originally Intended to be Section 2 -30 but Included as Sec 2-61 at the Editor's Discretion) Relating to the Employees Pension Trust Funds as Contained in Ordinance 14 -11 Minutes — Regular Council Meeting 12/08/11 Page 6 Manager Couzzo noted that this reading of Ordinance 25 -11 was the second reading as the first had been completed previously. Attorney Davis read Ordinance 25-11 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 25-11; seconded by Council Member Humpage, motion carried unanimously 5-0 17. SPR 06 -11, Site Plan Review, Application for site plan development review to construct a 5,999 square feet medical and professional service building. The application includes a proposed landscape plan, and one (1) monument sign. The address of the proposed site plan is 851 N. US Highway 1 Attorney Davis placed four persons under oath who would be involved with the item and asked Council for ex parte communications. Ex parte communications were as follows: • Council Member Turnquest — none • Council Member Humpage — visited the site • Council Member Brennan — visited the site • Vice Mayor Arena — none • Mayor Paterno — none James Weinand, Fire Chief, Acting Director of Community Development, offered details associated with the item including that the project was up to Village code. Jim Stergas, Architect, offered a brief summary and power point presentation of the project. He noted changes to the plan which accommodated concerns with the location and limited site space along with the buildings architectural esthetic details. Council Member Turnquest inquired about the owner's identity and type of medical business which would be at the location. Mr. Joe Gaudet, owner's representative for the project, explained that the doctor taking the space was a general practitioner who was in the need for more space since taking on additional geriatric care. He added that the doctor, a Tequesta resident, was re- locating from the Tequesta Health Care facility. Minutes — Regular Council Meeting 12/08/11 Page 7 James Weinand noted that the easement area was owned by Palm Beach County. Council Member Humpage corrected his ex parte communications and noted receipt of phone calls from area residents questioning the projects lighting impact on their properties. Mr. Stergas offered clarification on the projects lighting and its impact on surrounding areas being very minimal. Mr. Gaudet explained that their group attempted to acquire the properties alley but, it had title issues which were not simple to fix. He stated the property was not actually owned by the County. Council Member Humpage added that the alley had not been maintained in many years and had been a nuisance for Tequesta. Council Member Brennan inquired about sidewalks being added. Chief Weinand explained that the traffic engineer suggested adding the sidewalk but Village code did not specify they be required. Mr. Stergas explained that the road would need to be reworked to add them which would incur a large expense they would prefer not to incur. He also noted that there were no existing sidewalks to tie into surrounding the site. Chief Weinand offered more clarification and explained that the south area was a service area not meant for clientele traffic. Mayor Paterno confirmed that the property was registered as a non - profit. He asked about the drainage. Mr. Stergas noted the Perk Test results were excellent and the catch basin was positioned well below the lowest grade of the elevation for maximum benefit. Attorney Davis asked the applicant if they would agree to stipulate use as a general practice only. Mayor Paterno added the second stipulation to state that the medical office would be prohibited to utilize the 2,000 square feet of storage as anything other than storage. MOTION: Council Member Tumquest moved approval of SPR 06-11 with the addition of the facility specifically as a general practice only and utilizing the 2, 000 square feet for storage only; seconded by Council Member Brennan, motion carried unanimously 5-0 18. Ordinance 22 -11, First Reading, Tent Amendment Adopting an Amendment with the Mandates set forth in Section 163.3184(3), Florida Statues, Pursuant to a Village Initiated Amendment No. LUPA 1 -11, which provides for an Amendment to Certain Portions of the Text Found in the Future Land Use Element, and Updating said Element in Compliance with FEMA Requirements for Lowest Floor Elevation Attorney Davis read Ordinance 22 -11 title into the record. James Weinand, Fire Chief, Acting Director of Community Development, offered a brief history of the Ordinance. Minutes — Regular Council Meeting 12/08/11 Page 8 Mayor Patemo opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 22 -11; seconded by Council Member Tumquest; motion carried unanimously 5 -0 19. Ordinance 23 -11, First Reading, Map Amendments Adopting a Small Scale Amendment to its Comprehensive Development Plan in with the Mandates set forth in Section 163.3187, ET. Seq., Florida Statutes, Pursuant to a Village Initiated Amendment No. LUPA 2 -11, which provides for an Amendment to the Future Land Use Map and the Existing Land Use Map, Re- designating One Point Seven (1.7) Acres, More or Less, of Land Recently Acquired by the Village of Tequesta, Located at 479 Seabrook Road, From "Low Density Residential" to "Recreation and Open Space" Attorney Davis read Ordinance 23 -11 title into the record. James Weinand, Fire Chief, Acting Director of Community Development, offered a brief history of the Ordinance. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. Council Member Humpage noted that the green space within the Village would benefit from the Ordinance. MOTION: Council Member Humpage moved approval of Ordinance 23 -11; seconded by Council Member Brennan, motion carried unanimously 5-0 20. Resolution 31 -11, Supporting Police Officer and Firefighter Pension Plan Reforms; Supporting Legislation that will make such Pension Plans Sustainable, Sound and Secure for both Current and Future Police Officers and Firefighters Attorney Davis read Resolution 31 -11 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. Minutes — Regular Council Meeting 12/08/11 Page 9 MOTION: Council Member Brennan moved approval of Resolution 31 -11; seconded by Council Member Tumquest; motion carried unanimously 5-0 STANDING REPORTS e Village Attorney Attorney Davis noted an email sent to each Council member regarding a mutual endeavor and the office of the inspector general litigation status. e Village Manager Manager Couzzo referenced a determination letter regarding a labor issue resulting through the police department and a decision to press forward requesting reimbursement of the legal fees. ANY OTHER MATTERS Council Member Tumquest noted that he had been contacted by a homeowners association who was unhappy with FPL (Florida Power and Light) and their intentions of installing Smart Readers. He added that he had brought a member of the association in to speak to Manager Couzzo who expressed no desire to direct FPL's and their program. Council Member Tumquest explained that she wished to place the item on the agenda. Mayor Paterno responded that she may come to any meeting, fill out a card and speak. Council Member Brennan offered a hand out which suggested appropriating funds for a part time position to address purchasing and contract compliance. She explained that department heads did not have the knowledge to complete paper work necessary for finance and much time was spent sending paper work back and forth to obtain accuracy. Vice Mayor Arena asked to revisit the issue of boat lifts / docks at a special meeting and noted a recent Village issues affecting such areas. He also voiced request received from residents to add a bike path to Tequesta Drive. Council Member Tumquest noted that bike path had been discussed previously and not pursued as the requirements of road widening and drainage would need to be added and costly to the Village. Vice Mayor Arena suggested having a meeting with Tequesta plaza individuals to see what types of new businesses were being turned down. He suggested offering business additional special event permits and increasing outdoor seating. Council Member Humpage noted that parking may prevent changing the percentage of outdoor seats allowed. Council Member Brennan suggested setting a date. Mayor Paterno felt that Council Member Tumquest would Minutes — Regular Council Meeting 12/08/11 Page 10 be leaving and a new member would not have experience and this should be considered when scheduling large item meetings. 7. Council Consideration and Approval to Sponsor the Palm Beach County League of Cities January 2012 Luncheon at the Tequesta Country Club — Not to Exceed $5000 Mayor Paterno suggested that the Village Manager and Tequesta staff assist Council Member Turnquest with the upcoming event through Florida League of Cities. Council Member Turnquest stated that Congressman Allen West would be attending the event which would be held at Tequesta Country Club and his presence would increase attendance. Manager Couzzo suggested placing the item on the agenda and noted that $10,000 was appropriated in the budget for special events which had approximately $8,000 remaining. Council Member Humpage suggested each Council member donate a portion of their discretionary funds as well. Manager Couzzo suggested setting a not to exceed limit at $10,000. MOTION: Council Member Humpage moved approval to amend the original appropriated $5,000 approved event limit to $10,000 and appropriate the additional $5,000; seconded by Vice Mayor Arena, motion carried unanimously 5 -0. Mayor Paterno noted he had one matter he wished to discuss which entailed the installation of two LPR (license plate recognition) cameras instead of the originally discussed four. He noted the change had been discussed with police and computer departments and would be added to the January agenda. ADJOURNMENT Vice Mayor Arena moved to adjourn the meeting; seconded by Council Member Brennan. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 8:02 p.m. Respectfully submitted, L� R L 01 kti� a 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.