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HomeMy WebLinkAboutMinutes_Regular_01/10/2008MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JANUARY 10, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:20 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, and Council Member Tom Paterno. Council Member Calvin Turnquest was absent. Also in attendance were: Village Attorney Trela White, Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Mayor Humpage, followed by the pledge to the flag. APPROVAL OF AGENDA Mayor Humpage explained he received an email from the Jupiter /Tequesta Cub Scout Troop requesting the use of our Parks and Recreation facility for a banquet and stated he wished to place this on the agenda for Council consideration since the event was in February and they needed time to plan. MOTION: Council Member Amero moved to approve the agenda as amended with the addition of the Cub Scout request; seconded by Vice-Mayor Watkins; motion carried unanimously. PRESENTATIONS /PROCLAMATIONS None COMMUNICATIONS FROM CITIZENS Ms. Geraldine Genco Dube, 7 Country Club Circle, stated there were two items that have come up within the past two to three months that from her perspective and that of the residents of the Village were priorities: the water restrictions and what the Village planned to do in terms of long term planning and Tequesta Bridge renovations /rebuild. Ms. Betty Nagy, 26 Shay Place, thanked Community Development and Code Enforcement for taking care of the lot on Shay Place. She said the lot had been cleaned up as a result of the Special Master Hearing and the neighbors were pleased. Ms. Dottie Campbell, 30 Eastwinds Circle, reminded Council and residents of the Presidential Preference election on January 29, 2008. She commented on the two Minutes -Regular Village Council Meeting 01/10/08 Page 2 of 14 propositions that would greatly affect property taxes and that taxing at that level would affect everyone. Lastly, she noted voting would take place at the normal precincts. COMMUNICATIONS FROM COUNCIL Council Member Amero congratulated the Fire Department on passing the unannounced state inspection of the emergency medical delivery system. He noted the State specifically commended Joanne Burnsed, Fire Medic Dodd, and Captain Dan Titles. Vice-Mayor Watkins reported on the following: • She received a letter from the Florida League of Cities asking that the Village consider a Resolution and asked if it should be placed in on the February agenda and Consensus of Council agreed. • She attended the Jupiter Inlet working group meeting and they were looking to have the lighthouse and surrounding area designated as a historical site. She stated they would like the Village to have a Council Representative. • She attended the Intergovernmental meeting with Commissioner Marcus and Palm Tran announced a new service called "The Link" with a stop in Tequesta. She explained a representative from Palm Tran would come to the Village to speak and provide additional information. • She reminded Council of the Business Forum on January 17, 2008 at 5:30 and thanked staff for their assistance. She agreed with Ms. Campbell and encouraged Council and the residents to read and understand the tax referendum and vote. Council Member Paterno referenced Item 13 on the Consent Agenda and thanked Officer Valez for working on the marine unit grant. Mayor Humpage encouraged the residents to vote and agreed with his fellow Council Members that the police and fire were doing a fine job. CONSENT AGENDA • Council Member Amero pulled Item 3, Item 4 and Item 13 • Council Member Paterno pulled Item 6 and felt it should be combined with Item 19; pulled Item 9 and felt it should be combined with Item 16; and pulled Item 12 Minutes -Regular Village Council Meeting 01/10/08 Page 3 of 14 MOTION: Vice-Mayor Watkins moved to approve the following Consent Agenda as amended (Items 3, 4, 6, 9, 12 and 13 moved to the Regular Agenda); Council Member seconded; motion carried unanimously 4-0. MINUTES 1. Village Council Budget Workshop Minutes August 30, 2007 2. Village Council Regular Council Meeting Minutes December 13, 2007 5. Resolution 20-07/08, Establishing a violation fee in accordance with the Village Code of Ordinances Chapter 26; Alarms, Section 26-35 Service Charge for Excessive Class "B" Alarms 7. REMOVED FROM AGENDA 8. Resolution 23-07/08, Approval to award work to Regal Contractors, Inc. of West Palm Beach in the amount of $24,201.15 to install pavilion shelter, site furnishings and basketball equipment at Constitution Park (project consists of FRDAP Grant Phase II) 10. Resolution 25-07/08, Calling a General Municipal Election to be held Tuesday, March 11, 2008, and if necessary the Municipal Run-Off Election to be held Tuesday, March 25, 2008, for the purpose of electing Council seats 1, 3 and 5; designating polling locations, election officials, and inspectors of election; establishing election procedures; providing an effective date. 11. REMOVED FROM AGENDA END OF CONSENT AGENDA REGULAR AGENDA 3. Council approval to declare Community Development Vehicle as surplus property (2000 white Ford Crown Victoria -VIN # 2FAPR71WXTX173397) and allow Community Development to donate the vehicle to the Indian River Police Academy Council Member Amero asked if this would be written off as salvage and if it donating it to the Palm Beach County Police Academy had been considered. Minutes -Regular Village Council Meeting 01/10/08 Page 4 of 14 Chief McCollom explained Director Kelly of the Palm Beach County Police Academy stated they did not need a car at the time and further advised two cards were previously donated to them so they offered the vehicle to the Indian River Community College Police Academy. MOTION: Council Member Amero moved to approve Item 3; seconded by Vice- Mayor Watkins; motion carried unanimously 4-0. 4. Resolution 12-07/08, Approve a request to purchase two (2) Ford Crown Victoria's from Duval Ford, Jacksonville, FL per the Florida Sheriffs Association Bid Award #07-15-0827 in the amount of $46,370.00 Council Member Amero referred to the Chief previously approaching Council about obtaining two refurbished vehicles and he recalled mentioning it had not worked for other agencies. Council Member Amero stated he liked the idea purchasing two new vehicles rather than purchasing refurbished vehicles and noted this was just under budget. Chief McCollom stated he was not planning to request any vehicles next year because during the Budget Workshops Council indicated the police department reduce the number of vehicles; therefore he advised he would surplus three this year and will reduce fleet at the direction of Council; he would have nine vehicles in patrol for eleven officers. Village Manager Couzzo explained staff considered purchasing hybrids to replace the two removed from Administration; abrief presentation was given on hybrids. Chief McCollom stated hybrids would provide better gas mileage; they would save money with lighting package as no caging or push bumpers would be needed due to these being used by Administration and not as a patrol function. He felt it was a good public relations move and did not believe it would be prudent to have additional SUV's. Village Manager suggested tabling the item to bring forth aside-by-side comparison at the February Council meeting. MOTION: Council Member Amero moved to table the item until the February Council Meeting: seconded by Vice-Mayor Watkins; motion carried unanimously 4-0. Minutes -Regular Village Council Meeting 01/10/08 Page 5 of 14 12. Resolution 27-07/08, Entering into agreement with Jupiter Inlet colony to provide dispatch services Council Member Paterno asked that the item be tabled and looked at more in depth financially. He stated the Village would receive $500 a year to provide their dispatching services and the Village budgeted $330,000 for our dispatchers. He suggested telling Jupiter Inlet Colony the Village would pay them $5,000 and they could provide dispatch services to the Village. Vice-Mayor Watkins felt staff had investigated the issue and thought it was a good idea and stated she would have to have more information before voting against it. Mayor Humpage spoke with the Chief and stated staff was only entertaining the idea as a matter of convenience to the Village as well as Jupiter Inlet Colony. He explained JIC pays $900 a year to the County and if JIC continues with the County they would have to purchase new radios. He stated by allowing JIC to use our dispatch services, should our officers need backup, the Village could use JIC as backup because they were on the same radio frequency. Chief McCollom understood Council's concern that the Village would be providing more service than dispatch, but that would not be the case and they would have to follow mutual aide as they do now; however it has to be requested. Council Member Amero suggested the Village provide the service to JIC for $900 a year to save JIC future radio costs and felt this was awin-win for both entities. Village Manager Couzzo stated he would be willing to renegotiate. Ms. Geraldine Genco Dube, 7 Country Club Circle, commented on costs to purchase the radios. She mentioned Council discussion at the time was to help recoup some of the expense by going to JIC and Jupiter Island and felt this was not in the taxpayer's best interest. MOTION: Council Member Amero moved to continue to the February Meeting; seconded by Council Member Paterno; motion carried unanimously 4-0. 13. Resolution 28-07/08, Approval of Manatee Protection Plan Interlocal Agreement for law enforcement services between Palm Beach County and the Village of Tequesta Minutes -Regular Village Council Meeting 01/10/08 Page 6 of 14 Council Member Amero felt this looked like a good deal and asked if it would require additional manpower over and above what was needed. Chief McCollom responded no and that Officer Velez manned the unit and his rate would be $65 an hour with overtime and the Village would receive $80 an hour from the County to help maintain the boat. Council Member Amero stated the contract called for eight hours per day between the hours of 6:00 a.m. and 6:00 p.m. on Saturday and Sunday and asked if $80 an hour would cover everything to which the Chief agreed it would. Council Member Amero noted under 4b the contract read, "the contractor shall provide law enforcement services on any day or time aside from Saturday or Sunday at the request of the County" and asked how it would be handled if the County requested extra staffing for the holidays. Chief McCollom stated if it would be an issue of OT then the Village would not incur more than $80 an hour and the Village would be reimbursed at $80 an hour. Council Member Amero referred to 4e which read, "in the event that during the term of the agreement an officer issues a citation which is challenged in Palm Beach County Circuit Court the contractor should immediately inform the County and the County determines if the contractor would be reimbursed under these terms." He asked if the Village had a three hour minimum for court and asked how this would be handled and the Chief replied two hour minimum. Council Member Paterno asked if there was a point where the money would end and the Village could no longer participate and the Chief responded the County guaranteed the hours within the contract this contract year. Mayor Humpage clarified the Village could terminate the contract within 60 days with notification. MOTION: Council MemberAmero moved to approve Resolution 28-07/08; seconded by Vice-Mayor Watkins; motion carried unanimously 4-0. UNFINISHED BUSINESS 14. Ordinance 623, Second Reading, to Correct a Scrivener's Error in Section 78- 4, Definitions, of Chapter 78, Zoning, in the Village of Tequesta Code of Ordinances (First Reading 12/13/07) Village Attorney White read the title into the record. Mayor Humpage noted this was a public hearing and opened the meeting to Council for input; there being no Council comment he opened the floor for public input; there being no public input he closed the public hearing. Minutes -Regular Village Council Meeting 01/10/08 Page 7 of 14 MOTION: Council Member Amero moved to approve Ordinance 623; seconded by Council Member Patemo; motion carried unanimously. 15. Council Reconsideration of General Employee Pension Board request regarding paying interest on employee contributions per Gabriel, Roeder 8~ Smith Company calculations proposal Mayor Jim Humpage advised he had requested this be placed on the agenda since Council had received a fetter from the General Employees' Pension Board. He noted this was a mandatory contribution - not a large sum of money -and in reading all the information regarding this matter, the word fairness kept jumping out at him. The Village was telling the employees they were required to place money into the fund, and if they left before being fully vested in six years, they did not receive any interest on their money. The pension board requested Council give employees interest on their mandatory contributions when they left and pointed out employees could be forced to leave due to family issues, etc. Mayor Humpage explained he was uncomfortable with his previous comments and favored giving the employees 3% interest on their own money. Council Member Amero stated the Mayor had changed his mind. Council Member Paterno stated he was not against offering interest if Council could legally provide it. He asked the attorney if a benefit could be changed without doing it through union negotiations. Attorney White responded generally you didn't change a benefit if it was mixed membership without going through the union. Village Manager Couzzo recommended considering a motion contingent upon a legal review by the labor attorney. Archie Magnum, a member of the Pension Board, commented he agreed 100% that fairness demanded interest be paid to employees. Mr. Mangum stated Council was taking today's dollars away from the employees and keeping it six years, which was six years of inflation; he felt it should not be used as a bargaining tool. Vice Mayor Watkins commented she was in favor of this the first time it was discussed and agreed it was the employees' money and it was a mandatory contribution. MOTION: Council Member Amero made a motion to continue to the February Village Council meeting Council reconsideration of General Employee Pension Board request Minutes -Regular Village Council Meeting 01/10/08 Page 8 of 14 regarding paying interest on employee contributions per Gabriel, Roeder & Smith Company calculations proposal, pending the outcome of discussion with the labor attorney. Vice Mayor Watkins seconded the motion, which carried by unanimous 4-0 vote. NEW BUSINESS 16. Resolution 7-07/08, Amending Resolution 53-00/01, Establishing a Public Records Policy and Setting a Uniform Fee Schedule for Public Records Inspections Village Attorney White read the title into record. MOTION: Vice-Mayor Watkins moved approval of Resolution 7-07/08; Council Member Paterno seconded for discussion. Item was opened for discussion. Council Member Paterno suggested the Resolution should simply refer to the fees, the term extensive use should be defined within the Resolution and references to state law should be removed. Regarding Item 9, Resolution 24-07/08 he noted the Council was required to pass. Vice-Mayor Watkins noted the purpose for adoption was to mirror the state statute requirements and was not prohibiting or precluding anyone from receiving the information. Ms. Trela White, Village Attorney, explained "extensive use" had been defined by case law and upheld that anything in excess of fifteen minutes could be charged with the special service charge. She advised this did not pertain to readily available items such as looking at the Code Book or items that did not have to be reviewed to remove exemptions that would require redaction. However, if someone requested all the police personnel files from the last five years, then this would take time to review and redact exempt and sensitive information and to make copies; anything over the fifteen minutes would be charged at the base pay of the person necessary to handle the request. Simple requests would not be charged. She stated this Resolution was non- controversial, was state law and the fees were very low and very reasonable. Council Member Paterno agreed the fees were reasonable, but wanted the Village to maintain its records such that if emails were sent or anything with sensitive information that those records would be flagged to different archive file. Attorney White explained the person in charge of the records had a duty not to disclose exempt or confidential information because that person had a right to confidentiality. Minutes -Regular Village Council Meeting 01/10/08 Page 9 of 14 Council Member Amero stated he contacted other municipalities and noted that what came across loud and clear was that it depended on the amount of staff time that was put forward and that if it was minimal or no staff time necessary then there was no charge; however if it took staff time, and in some cases more than fifteen minutes, there was a charge. He felt the Resolution was not out of line and stated it was not even a question of access but rather how much staff it would take to complete a request. Ms. Geraldine Genco Dube, 7 Country Club Circle, stated she spoke with two attorneys who found portions of the public records request policy to be problematic. Ms. Dottie Campbell, 30 Eastwinds Circle, pointed out the current Resolution was approved while Ms. Genco was Mayor and many of the items were no longer valid and the updated version mirrored the law. Motion carried unanimously 4-0. 9. Resolution 24-07/08, providing for the adoption of general policies concerning the collection of social security numbers by the Village and the dissemination of those kept by the Village; further, adopting a written social security number collection policy statement in accordance with Chapter 119, F.S. Village Attorney White read the title into the record. Attorney White explained this was a recent change in state law that required each municipality to provide a policy statement and prevented them from collecting social security numbers unless it was in accordance with the statement. Additionally, it provided strict rules for commercial entities that request social security numbers and they have to do it exactly in accordance with state law and sign under penalty of perjury that they were only using it for what they stated it to be used for and letter signed by the agency CEO. She explained the municipality must keep a log of requests by commercial entities and submit by January 31St of each year. MOTION: Vice-Mayor Watkins moved to approve Resolution 24-07/08; seconded by Council Member Amero; motion carried unanimously 4-0. 16a. Ordinance 1-08, First Reading, Repealing Section 2-251 -Inspectors and readopting it with a new title to provide that inspectors or other election workers for the Village elections shall be electors of the Village whenever possible, and correcting a scrivener's error (Second Reading 2/14/08) Minutes -Regular Village Council Meeting 01/10/08 Page 10 of 14 Village Attorney White read the title into the record. Attorney White explained the Ordinance was provided in lieu of the yearly Resolution with regards to the upcoming election. She explained it had been difficult to hire poll workers for the election that were Village electors. She stated the Clerk placed an ad in the Village newsletter and did not receive a good response; therefore it was being proposed whenever possible a village elector would be hired and none were available then the poll worker could be an elector from Palm Beach County. Mayor Humpage noted this was a public hearing and opened the meeting to Council for input; there being no Council comment he opened the floor for public input; there being no public input he closed the public hearing. MOTION: Council Member Amero moved to approve Ordinance 1-08 on first reading; seconded by Council Member Patemo; motion carried 4-0. 16b. Ordinance 2-08, First Reading, Repealing Chapter 50, Natural Resource Protection, Article III, Coastal Protection; repealing and readopting Chapter 78, Zoning, Article IX, Supplemental Regulations, Division 1, generally, Section 78- 293, Floor Elevation above Sea Level as a new Section 78-785; amending Chapter 78, Zoning, by repealing Article XII, Flood Hazard Areas, in its entirety and readopting a new Article XII with a new title "Flood Damage Prevention" in order to comply with FEMA's requirements for the National Flood Insurance Program (Second Reading 2/14/08) Village Attorney White read the title into the record. She explained this was being brought back at the request of Council and advised if this was not on the books then those in flood zones would not be able to receive a discount. Mayor Humpage noted this was a public hearing and opened the meeting to Council for input. Ms. Harding, Director of Community Development explained this cleared the way for FEMA to approve of the application and from there work with Insurance Services Office (ISO) to obtain a reduced tax rate for residents. Mayor Humpage opened the floor for public input; there being no public input he closed the public hearing. Minutes -Regular Village Council Meeting 01/10/08 Page 11 of 14 MOTION: Council Member Paterno moved to approve Ordinance 2-08; seconded by Vice-Mayor Watkins; motion carried unanimously 4-0. 16c. Resolution 29-07/08, Accepting a donation of nine (9) royal palm trees and funding the relocation and planting of these trees Village Manager Couzzo explained the nine Royal palm trees were being donated to the Village to replace several missing trees along Tequesta Drive. He noted there would be a cost to ready the trees for transplanting and noted the funds were not budgeted and reserves would have to be used. Council Member Amero recognized Walter Mazzota for his donation and suggested placing the trees along the bridge. Mayor Humpage voiced concern with placing the trees around the bridge due to the upcoming bridge work. Council Member Paterno asked about the ninety day warranty and Mr. Couzzo stated the warranty would be for the transportation only since these were not nursery grown trees and believed the language was boiler plate language. Village Attorney White read the Resolution Title into the record. MOTION: Council Member Amero moved to approve the donation and funding the relocation; seconded by Vice-Mayor Watkins; motion carried unanimously 4-0. 17. Council Authorization directing the law firm of Greenbert Traurig to submit a short letter to the Clerk indicating the Village does not believe there exists a basis for review regarding the Basil Dalack petition for Writ of Certiorari with the Supreme Court of the United States MOTION: Vice-Mayor Watkins moved to approve; seconded by Council Member Amero; motion carried unanimously 4-0. 18. Council discussion regarding Council appointed regular and alternate to the Loxahatchee River Council Board Vice-Mayor Watkins stated Mary Hinton was interested in this appointment and Mayor Humpage agreed Council needed to find a resident who would be interested in serving on the Board. Mr. Vince Arena voiced interest in serving as well. Minutes -Regular Village Council Meeting 01/10/08 Page 12 of 14 Consensus of Council agreed the Clerk would put application together and formally advertise. 18a. Council discussion and appointment to vacant position on the Board of Adjustment Ms. Harding clarified there was one opening and two applicants. She explained Mr. Young had a pension background and noted the General Pension Board needed another member and discussions would take place regarding the board make-up at the February pension meeting. MOTION: Council Member Paterno moved to appoint Mr. John Vadala as a member of the Board of Adjustment; seconded by Council Member Amero; motion carried 4-0. 19. Council discussion on water surcharge Ordinance Mayor Humpage commented on the mandatory 15% surcharge activated by the South Florida Management District (SFWMD) thereby triggering the Village's 18% surcharge. He noted the SFWMD had not instituted the 15% surcharge as of yet and asked the Village to consider doing a study on the water, water revenues and a warning or fee structure system. Council Member Paterno stated the surcharge could be eliminated if the Village had all reverse osmosis (RO) water and contacted the SFWMD to see how an exemption could be obtained and asked how much water the Village could produce with RO without using superficial. Mr. Couzzo explained optimally each train had the ability of producing 1.2 million gallons per day; the Village had two trains and room for one more. The Village has been taking an alternative approach to its reliance on superficial wells and to go with a deep well RO process and Council should now determine whether to move to step three of the train process and then address additional alternatives. Vice-Mayor Watkins supported looking at a way to monitor or communicate with citizens regarding the water restrictions. Council Member Paterno asked how short the water revenues were for the first quarter and Mr. Couzzo stated he did not have the firm figures but believed the range was 12%- 14% off. Council Member Amero asked when PRMG would have the final analysis and Mr. Couzzo advised they were compiling data and would check to see when they could provide a report on the financial conditions and future needs of the Village. Council Minutes -Regular Village Council Meeting 01/10/08 Page 13 of 14 Member Amero clarified they would look at alternatives that would work for the Village and Mr. Couzzo agreed and noted other communities were raising their rates to make up the short fall. Council Member Paterno suggested the Village look at expenses and felt if less water was put out, then fewer chemicals would be needed, and then fewer personnel would be necessary. Ms. Geraldine Genco Dube, 7 Country Club Circle commented the Village would not have to worry about revenues if they were operating fully on RO; explained what an RO plant was based on her experience; and asked why the Village did not focus on developing the RO and obtaining the exemption. Council Member Paterno asked that the Village provide Jupiter Hills with a 30 day notice to discontinue the contract so they would be aware the Village could not supply water to them. 6. Resolution 21-07/08, Award bid to AMPS of West Palm Beach, FL in the amount of $26,798.10 for redevelopment and reconditioning of Well #25 Village Attorney White read the Resolution by Title into the record. MOTION: Council Member Paterno moved to approve Resolution 21-07/08; seconded by Council Member Amero; motion carried 4-0. 19a. Council discussion on Common Area Maintenance Village Manager Couzzo suggested extending the item to the February meeting so he could provide backup. Consensus of Council agreed. 19b. Cub Scouts Mayor Humpage stated 50% of the Cub Scout Troop was Tequesta residents and they needed a location to hold their banquet. He asked the Village to allow the Troop to use the old Council Chambers for their banquet on February 24, 2008. MOTION: Council Member Paterno moved to approve allowing the Troop to use the Recreation Center with the condition they clean the park for community hours; seconded by Council Member Amero; motion carried 4-0. STANDING REPORTS 20. Village Attorney Minutes -Regular Village Council Meeting 01/10/08 Page 14 of 14 Village Attorney White stated her report was included as backup. Council each noted they were happy to have Ms. White on board as the attorney and complimented her knowledge and work to date. Council Member Paterno asked if the attorney could provide a report on the JMZ lawsuit. Mr. Couzzo provided a brief status summary. Council Member Paterno asked that Ms. White take over this case as its legal counsel. 21. Village Manager • Tequesta Park RFP -The Village was currently advertising the RFP. He spoke with Mr. Cory and the Village had filed a Community Budget Issue request to the State of Florida for $100,000 and it would need to go through the Legislature. • Collective bargaining issues continued and negotiations were ongoing. • He met with Ms. Abby Roeloffs to discuss the Tequesta Bridge. At Council's directions, he requested and received an opinion from the firm the State used to inspect the bridge which had been forwarded to Council. Consensus of Council agreed to workshop the bridge and annexation issues. ANY OTHER MATTERS Council Member Amero asked if there was already $100,000 in the budget for Tequesta Park and Mr. Corbitt noted the Village had $100,000 and this was an additional $100,000. Council Member suggested placing pictures in the Village Hall to recognize the past contributors to the Village. ADJOURNMENT MOTION: Council Member Amero moved to adjourn the meeting at 9:45 p.m.; seconded by Vice-Mayor Watkins; motion carried unanimously 4-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk