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HomeMy WebLinkAboutMinutes_Regular_12/10/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING DECEMBER 13, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:00 p.m. A roll call was taken by Assistant to the Village Clerk Mayo. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Frank D'Ambra. Council Member Abby Brennan was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford provided the invocation and Mayor Paterno led the pledge of allegiance. APPROVAL OF AGENDA Attorney Keith Davis noted incomplete changes impacting item 9 and asked that the item be moved to the January agenda. Items 6 and 6a were pulled by Mayor Paterno for discussion. MOTION: Council Member Okun moved approval of the agenda as amended; seconded by Council Member D'Ambra; motion carried unanimously 4 -0. PRESENTATION 1. Presentation of Proceeds from the Chili Cook Off to be Presented to Honor Flight Dave McGovern, Firefighter, Paramedic, noted the event had doubled in size from last year. He thanked those involved and reported they had raised $10,200 which would be donated to support Honor Flight. Several participants spoke on behalf of the event. 2. ANNEXATION UPDATE Nilsa C. Zacarias, Director of Community Development provided an annexation update. She noted 2012 accomplishments and details associated with areas B & D. CONSENT AGENDA MOTION: Council Member Okun moved approval of the following Consent Agenda; seconded by Council Member D'Ambra, motion carried unanimously 4 -0. 3. MINUTES: 10/1/12 Workshop, 10/17/12 Workshop, 10/24/12 Workshop, 10/24/12 Special, 1115/12 Workshop, and 11/8/12 Regular 4. Approval of Contracts Signed by Manager under $25,000 Minutes -- Regular Council Meeting 12/13/12 Page 2 a. Mike Cesamo & the Village of Tequesta Hold Harmless, Indemnity and Liability Agreement for use of the Village's Mule during the JTAA 2012 Holiday Parade b. The Department Of Justice, The Department Of The Treasury and the Village of Tequesta Equitable Sharing Agreement and Certification C. Zoll Medical Corporation Defibrillator Extended Warranty Contract S. Resolution 32 -12, Declaring Certain Property to be Surplus and Directing the Village Manager to Dispose of Surplus Property in Accordance with the Village's Adopted Procedures for Disposing of Surplus Village Property END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Dottie Campbell, 30 Eastwinds Circle, asked that officers permanently be present for traffic control during elections. Manager Couzzo concurred. She then voiced her concern for neglect of trees planted in the Village with an original purpose of a canopy affect and asked that they be trimmed property and fertilized. Mr. Russell White, Public Services Manager, responded that crews had begun work on Country Club Drive and were in the process of addressing the issue. Ms. Campbell requested that the picture of a skateboarder on the Village Website be removed and replaced. Mayor Patemo responded that he supported the picture but would discuss the request with Council at their upcoming workshop. Ms. Campbell questioned the progress regarding the hiring of a new Chief of Police. Manager Couzzo noted that it was in the final stages and moving along well. He stated there were over 70 very impressive applicants and felt it refreshing to have such a high interest. Carolyn Schwartz, 360 Venus Ave, voiced concern regarding a local pit -bull which had attacked twice and the disregard of importance on the issue. She stated that animal control would take up to five weeks to respond and address. Manager Couzzo responded he would meet with police and animal control regarding the issue. Todd Wilson, 93 Hickory Hill Road, complained that the train horn was heard from his residence each morning at approximately four a.m. and asked if an agreement could be made to stop the annoyance at Riverside Drive, Tequesta Drive and County Line Road. Mayor Patemo explained that (only) Tequesta Drive would be under Tequesta's jurisdiction and that the State had stipulations which would make it costly for the Village Minutes — Regular Council Meeting 12/13/12 Page 3 to attempt to repeal the early morning hom blowing. Council Member Okun agreed the disturbance should be eliminated if possible. Mayor Paterno asked the attorney and Village Manager to research what could be done. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra wished happy holidays to everyone and commented on the success of the holiday parade. He felt many people left before the end as the parade was lengthy, and requested staff work with Jupiter to shorten the proceedings. Council Member Okun also wished happy holidays and commented on the seriousness of aggressive dogs. Vice Mayor Arena remarked on many Village events and the enjoyment had by all. Mayor Paterno commented on the success of the holiday parade and wished everyone happiness. All of Council supported an immediate and assertive approach regarding aggressive dog issues within the Village. REGULAR AGENDA 6. Presentation on 2012/2013 Budget Status Ms. JoAnn Forsythe, Director of Finance, noted there was nothing unusual occurring in the budget and offered an update on receipt of tax revenues. She reported an increase in revenues due to the success of the Green Market. MOTION: Council Member Okun moved approval of item 6; seconded by Council Member D'Ambra; motion carried unanimously 4 -0. 6a. Council Approval of Federal Tax Exempt Debt Policies and Procedures Ms. JoAnn Forsythe, Director of Finance, explained that the Federal request was made recently and offered a short response time. Manager Couzzo offered additional details explaining the procedures involved. She noted the request offered staff the ability to follow procedures not the capacity to make changes, and suggested approving and re- addressing possible changes at the upcoming workshop. Attorney Davis read the Resolution by title. Minutes — Regular Council Meeting 12/13/12 Page 4 MOTION: Council Member Okun moved approval of item 6a; seconded by Council Member D'Ambra, motion carried unanimously 4-0. OLD BUSINESS 7. Ordinance 11 -12, Second Reading, Providing for the Rezoning of Certain Real Property within the Corporate Limits of the Village of Tequesta, Florida; which Property Consists of One Point Three Two (1.32) Acres more or less of Land Recently Annexed into the Village Located at 4412 and 4480 County Line Road as well as the Lift Station Located Adjacent thereto; Providing that this Real Property which is more specifically Described herein shall be Assigned the Village Zoning Designation of "R -1 Single Family Dwelling District "; Providing that the Zoning Map of the Village of Tequesta be Amended to Reflect the Proper Designation for this Real Property Attorney Davis read Ordinance 11 -12 into the record. Mayor Patemo opened the public hearing to Council for comments; there being none he opened the hearing to the public. There Ding no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 11 -12, seconded by Council Member D'Ambra, motion carried unanimously 4-0. 8. Ordinance 13 -12, Second Reading, Providing for the Rezoning of Certain Real Property within the Corporate Limits of the Village of Tequesta, Florida; which Property Consists of Eight Tenths of One Acre (0.8 acres) of Land Recently Annexed into the Village Located at 4534 and 4518 County Line Road; Providing that this Real Property which is more specifically Described herein shall be Assigned the Village Zoning Designation of "R -2 Multiple Family Dwelling District'; Providing that the Zoning Map of the Village of Tequesta be Amended to Reflect the Proper Designation for this Real Property Attorney Davis read Ordinance 13-12 into the record. 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 Okun moved approval of Ordinance 13 -12, seconded by Council Member D Ambra, motion carried unanimously 4 -0. Minutes — Regular Council Meeting 12/13/12 Page 5 9. POSTPONED TO January 10, 2013 Ordinance 18 -12, Second Reading, Amending the Village Code of Ordinances at Chapter 2. Administration. At Article II. Village Council, to Provide Clarifying Language and Internal Consistency; at Article Ill. Officers, Employees and Departments, to Close the Public Safety Pension Plan to Newly Hired Police Officers after February 1, 2013 and Amending Exhibit B Accordingly and to make certain Investment Changes Recommended by the Fund's Investment Manager and Monitor, and to provide for Various Village Officers and Departments; at Article IV. Code Enforcement, to Revise the Term of Employment for the Code Enforcement Special Magistrate, and to Update Notice Requirements in Accordance with State Law; and at Article V. Elections, to provide Clarifying Language and Internal Consistency and to provide for the Filling of a Council Member Elect vacancy NEW BUSINESS 10. Ordinance 20 -12, First Reading Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article IV. Nonconforming Uses, by Revising the Requirements for Maintaining, Enlarging or Expanding Nonconforming Uses and Nonconforming Structures to Allow Greater Latitude in Modifications to Nonconforming Structures Attorney Davis read Ordinance 20 -12 into the record and offered details of its meaning. Council Member D'Ambra voiced his concerns regarding hurricane and flexibility with time requirements. Manager Couzzo responded that he and the attorney would make modifications before the second reading. Mayor Patemo opened the public hearing to the public; there being no public comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 20-12, seconded by Council Member Okun, motion carried unanimously 4 -0. 11. Council Approval of Mobile Message Board Use Policy and Template Agreement Attorney Davis noted that an outside entity asked to use Village equipment. He suggested the loan could open others to asking and did not feel it would be a preferred procedure. Minutes — Regular Council Meeting 12/13/12 Page 6 Council Member D'Ambra noted he had requested Attorney Davis place the item on the agenda as he felt it was a benefit to the community through assisting a non - profit and felt a policy should be developed to address such request. Consensus of Council was not to loan Village property. 12. VAR 05 -12 Extension - Council Approval of Sign Variance Extension Request from Hannah's Home of South Florida for a 12 Month Time Extension for a Freestanding Identification Sign with a Zero Front Setback Attorney Davis explained details of Variance 05 -12. Mr. James Hackett, Representative for the applicant, offered details regarding the need for an extension. MOTION: Council Member D'Ambra moved approval of VAR 05 -12, seconded by Council Member Okun, motion carried unanimously 4-0. STANDING REPORTS Village Attorney Attorney Davis noted updates on the Comprehensive Code revision, which he believed was on or possibly ahead of schedule, and, the Inspector General funding litigation happenings. Village Manager Manager Couzzo offered a timeline regarding the hiring of a new Police Chief and commended the committee for its superior efforts. ANY OTHER MATTERS Council Member D'Ambra suggested the research regarding train horns be done before the upcoming workshop. Mayor Paterno suggested waiting on costs research until further notice and asked to have a Special meeting previous to the workshop for discussion and possible action to the IRS item (6a). ADJOURNMENT Council Member Okun moved to adjourn the meeting, seconded by Council Member D'Ambra. The motion to adjourn carried unanimously 4-0, therefore, the meeting was adjourned at 7.55 p.m. Minutes — Regular Council Meeting 12/13/12 Page 7 Respectfully submitted, Deanna Mayo Assistant to the 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.