HomeMy WebLinkAboutMinutes_Regular_02/14/2008MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING MINUTES
FEBRUARY 14, 2008
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Jim Humpage at 7:02 p.m. 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 Manager Michael R. Couzzo, Village Attorney
Trela White, Jr., Village Clerk Lori McWilliams, and Department Heads.
INVOCATION AND PLEDGE OF ALLEGIANCE
Rev. Paul Beresford led in prayer and Council Member Paterno gave the invocation and
led the Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: Vice Mayor Watkins moved to approve the agenda; Council Member Amero
seconded. Vice Mayor Watkins add one item under "Any Other Matters" in reference to
the Annexation Forum. Council Member Paterno asked to pull number 9 and 11; and
questioned number 10 and its backup; Village Clerk McWilliams explained the item was
moved. He noted a spelling error under item number one paragraph three. Motion
unanimously carried 5-0.
COMMUNICATIONS FROM CITIZENS
Mr. Russell VonFrank, 489 Dover Road, noted nothing improved in many years at 498
Dover Road. He inquired about levied fines and a forced sale discussed by the Village
and asked why nothing had been done. Manager Couzzo stated he would provide a
updated summary of the Code Enforcement Report for residents.
Mr. Ed Rowsey, 478 Tequesta Drive, stated he was representing 36 units of White Hall
and inquired about a gated entrance for the Condominium. He explained the gate may
never be arranged but the facility would like the option. He noted the growth of the area
had increased illegitimate vehicle and criminal visitors to their area.
Joe Marzigliano, 478 Tequesta Drive, discussed the disadvantages residents suffered
when the bridge was out and was concerned about the abuse to the bridge and possibly
having problems before Tequesta was ready to do the work. He noted that boats and
wave runners were driving too fast under the bridge causing water to soak the rebar and
concrete and understood that would expedite the deterioration of the material. He
suggested putting up buoy's and a no wake zone.
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Harold Taylor, 13 Chapel Court, had concern with the bridges aesthetics, cost and
repair schedule. He stated there were many options for this project and felt the Village
should put out an RFP to allow Contractors to offer a turnkey operation. He suggested
inquiring about the use of a barge to assist with floating options. He also recommended
the Village utilize monies from assessed projects such as, the Encon Sewer project; the
Martin County Water System Connection and the drainage and landscape project on
South Cypress. He commented that everyone should not have to pay the cost. He
stated the inconvenience and safety to those that live west of the bridge should also be
considered. Mayor Humpage encouraged residents to attend the workshop held on the
Bridge issue.
COMMUNICATIONS FROM COUNCIL
Council Member Turnquest expressed gratitude to the Public Safety Department for its
efficiency and stated some had questioned the Village negatively for having its own
Public Safety Department, but felt the department should be commended for their work.
Mayor Humpage stated he had asked Palm Beach County Commissioner, Karen
Marcus to meet with himself, Chief Weinand and Chief Bryce regarding the station in
Tequesta.
Vice Mayor Watkins thanked Council Member Amero for his dedication to the Village.
Mayor Humpage suggested a five minute break to present Council Member Amero with
a cake.
CONSENT AGENDA
10. MOVED TO REGULAR AGENDA -ITEM 17b
MOTION: Council Member Amero moved approval of the following Consent Agenda;
seconded by Vice-Mayor Watkins; motion carried by unanimous 5-0 vote.
MINUTES
1. Village Council Charter Review Workshop Minutes November 7, 2007
2. Village Council Special Council Meeting Legal Services RFP Review
Minutes November 14, 2007
3. Village Council Local Planning Agency Minutes December 13, 2007
4. Village Council Joint Workshop with Planning and Zoning Minutes January
8, 2008
5a. Village Council Workshop Minutes January 28, 2008
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Page 3
6. Follow up information regarding the General Employee Pension Board
request regarding paying interest on employee contributions per Gabriel,
Roeder & Smith Company calculations proposal
7. Palm Beach County Emergency Medical Services (EMS) Grant
A. Resolution 1-08, Accepting the terms and conditions of the Palm Beach
County Emergency Medical Services (EMS) Grant Award #C70 in the
amount of $23,007.00 to purchase three (3) laptop computers, software
and related accessories
B. Resolution 2-08, Amending 2007/2008 General Fund Budget by
increasing the Fire Control Revenue Account #001-192-337.201 "PBC
EMS Grant" by $23,007.00 and Increasing the EMS Expenditure Account
#001-193-664.601 "Computer Equipment' by $23,007.00
8. Resolution 4-08, Approve request to purchase two (2) Ford Crown Victoria's
from Duval Ford, Jacksonville, FL per the Florida Sheriff's Association Bid Award
#07-15-0827 in the amount of $46,370.00
END OF CONSENT AGENDA
9. Resolution 6-08, Urging the Members of the Florida Legislature to support
specific issues outlined in the Resolution during the 2008 Legislative
Session.
Council Member Paterno stated he could not support Resolution 6-08 as it was unclear
and suggested tabling the item. Vice Mayor Watkins stated she did not want to ignore
the item and felt Council could possibly support the Resolution partially and was fine
with tabling the item. Ms. Trela White, Village Attorney stated more backup could be
provided before the next Council meeting.
MOTION: Council Member Paterno moved to table item number nine until March;
seconded by Council Member Turnquest; motion carried by unanimous 5-0.
11. Council Approval of Budget Amendments exceeding the $5,000.00 limit
and/or affecting Capital Accounts for FY 2006/2007
Council Member Paterno suggested earmarking money for future utilization by the
specific department that saved the money and felt this would be helpful for the Village in
budgeting practices. He encouraged Council to be more proactive in this respect.
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Mayor Humpage stated finance had explained how every department was monitored for
issues such as overtime and almost every department came in under budget. He
suggested having a code that would show each department's savings.
Council Member Amero felt funds should be reserved and kept within the department to
tighten the budget, and pointed out compensated absences. Ms. Forsythe explained the
Village requirements on compensated absences in the budget for extreme situations.
Manager Couzzo stated the Village did budget for sick leave and vacation accruals; he
referred to an unfunded liability which could impact the budget immensely if figured in
before you actually had an experience with someone leaving with a large accumulation.
Council Member Amero confirmed he preferred budgeting over surprises. Manager
Couzzo stated it was difficult to anticipate these figures for long term employees.
Council Member Turnquest agreed that forwarding excess savings to the end of the
year and forming an Investment Committee was a good suggestion. Manager Couzzo
stated Dana Investments was working on development of the five person Committee
and would update Council on the progression.
Council Member Paterno questioned if employees earned time at present salaries
compared to cashing in time at their future salaries. Ms. Forsythe explained that the
figures were recalculated yearly with the projected increases but stated it was difficult to
look ahead and project an accurate figure.
MOTION: Council Member Amero moved to approve the budget amendment as
presented; seconded by Vice Mayor Watkins. Motion unanimously carried 5-0.
REGULAR AGENDA
UNFINISHED BUSINESS
12. Resolution 3-08, Providing for the 2008 Schedule of User Fees for the pre-
hospital emergency medical services, in accordance with the Village Code
of Ordinances, Chapter 34, Article V, Section 34-124, Establishment and
Review of Fees.
Attorney White read Resolution title into the record.
MOTION: Vice Mayor Watkins moved approval of item 12; seconded by Council
Member Turnquest. Item was opened for discussion.
Fire Chief Weinand stated the Village Code required him to annually analyze the cost to
operate their system. He noted it was hard to separate costs between Fire and Rescue.
He referred to a list provided of current user fees for Palm Beach County Ambulance
which showed 54% of patients were from Tequesta and 39% outside of Tequesta. He
reported the department currently billed below what Medicare allowed and stated past
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practice was to bill five percent above. Vice Mayor Watkins noted the importance of
keeping up with what was reasonable to sustain the Village.
Council Member Paterno felt the 16% increase and was too high and was essentially
double taxing residents. He noted non-resident rescues were being subsidized by the
Tequesta residents. Mayor Humpage stated he disagreed and explained that Rescue
was different from Fire; and Rescue who was operating on minimal cost was
compensated when it serviced the unincorporated areas. Council Member Paterno felt
Tequesta should be reimbursed from the County for the entire portion of service
provided by Tequesta, which would help reduce taxes. Manager Couzzo stated that
Council had discussed working with the County on this issue and felt they needed to be
more aggressive.
Chief Weinand referred to the Medicare adjustable rate LS2 reimbursement of $ 550.00
to the department and stated they charged $ 495.00 which was a loss for the taxpayers.
Mayor Humpage noted the cost of fuel needed to be considered as well.
Motion unanimously carried 5-D.
13. Resolution 5-08, Approving an Interlocal Agreement for dispatch services
between the Village of Tequesta and Jupiter Inlet Colony for a service fee of
$500.00 per year.
Village Attorney White read the Resolution title into the record.
MOTION: Vice Mayor Watkins moved approval of Item 13; seconded by Council
Member Turnquest. Item was opened for discussion.
Geraldine Genco Dube, 7 Country Club Circle, voiced concern that it appeared taxes
were paid and someone else was receiving the benefits. She felt Jupiter Inlet Colony did
not want to make the investment to upgrade their system and asked why Tequesta was
giving service and money away.
Mayor Zuccarelli, Jupiter Inlet Colony, announced the Commissioners from the Colony
were in attendance and provided a history of how the issue came about. He stated
Jupiter Inlet Colony had no need to upgrade and that they and Tequesta Police
Department have supported each other as good neighbors and felt this was about the
residents not the money. He referred to the Fire Rescue Agreement and noted it was a
20 year agreement that ends in 2013 and reiterated that this was a two way street of
support for each other.
Mayor Zuccarelli explained the Palm Beach County Sherriff's Office responded to 92
calls last year at the rate of $ 6.58 and added that all non emergency calls went directly
to the Colony's Officer's cell phone and could take up to two to three minutes due to the
amount of traffic. Council Member Turnquest suggested Tequesta charge per call and
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stated saving a life must be a priority but the dispatcher's and our taxpayers must be
considered.
Vice Mayor Watkins commented that Chief McCollom advised Council previously that
this would not place a burden on Tequesta's dispatchers. She stated it was not an issue
of the money; it was for health and safety and the residents benefit.
Council Member Amero felt it would be a positive contract to try and reminded it could
be voided with a 60 day notice if it did not work.
Council Member Paterno referred to a hand out he supplied and stated the need to
reduce expenditures was not being done with this agreement.
Mayor Humpage stated he understood Council Member Paterno's concern with funds
but felt the money side was being viewed as much too important; public safety was
more important to residents and after taking many factors into consideration he backed
the Chief.
Motion carried 4-1 with Council Member Paterno in dissent.
14. Ordinance 1-08, Second 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. (First Reading 1/10/08)
Village Attorney White read the Ordinance title into the record.
Mayor Humpage opened the public hearing; there were no comments from Council or
public. The public hearing was closed.
MOTION: Council MemberAmero moved to approve the Ordinance 1-08; seconded
by Vice Mayor Watkins. Motion carried unanimous 5-0 vote.
15. Ordinance 2-08, Second 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 (First Reading 1/10/08)
Village Attorney White read the Ordinance title into the record.
Mayor Humpage opened the public hearing.
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Ms. Catherine Harding, Director of Community Development was thanked for getting the
Village back on track with FEMA by Council Member Amero, Vice Mayor Watkins and
Council Member Turnquest.
There being no additional Council or public comments Mayor Humpage closed the
public hearing.
MOTION: Council MemberAmero moved to approve the Ordinance 2-08; seconded
by Vice Mayor Watkins. Motion carried unanimous 5-0 vote.
16. Ordinance 3-08, Second Reading, An Ordinance of the Village Council of
the Village of Tequesta, Florida, amending Chapter 74. Utilities. At Article
II. Water Service. At Division 3. Conservation of Water in Emergency
Situations. By repealing Division 3. In its entirety along with its title and
readopting an entirely new Division 3. To be entitled "Water Conservation
and Regulation" to provide for rules and regulations governing water
resources of the Village during periods of water shortage in conformance
with the regulations promulgated by the South Florida Water Management
District in furtherance of its water shortage plan; providing, in part, for
definitions, applicability, reference to District rules, enforcement during
declared water shortage emergency, and penalties; providing that each and
every other section and sub-section of chapter 74. Utilities. Shall remain in
full force and effect as previously adopted; providing a conflicts clause, a
severability clause and authority to codify; providing an effective date; and
for other purposes. (First Reading 1/28/08)
Village Attorney White read the Ordinance title into the record.
Mayor Humpage opened the public hearing.
Council Member Paterno stated something should be in place to protect residents who
might be out of town. Manager Couzzo confirmed that something could be put in Smoke
Signals to alert residents on the seriousness of the restriction and the importance of
notifying the Police Department or a neighbor of their absence. Council Member
Paterno felt the Village authorities should be permitted to enforce the water restriction
on residents in County pockets as well. Manager Couzzo stated an amendment would
have to be done on the resident's water service agreements in unincorporated areas to
allow Tequesta to have jurisdiction over them. Attorney White confirmed.
Manager Couzzo stated letters had been sent to the Administrators in those jurisdictions
asking for assistance in supporting the legislation. Attorney White commented the
wording was legally sufficient on the Ordinance and the citation and both clearly stated
that violators could dispute the citation if they felt it was unfair then it would be up to the
Special Master to decide.
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Page 8
Attorney White suggested adding "Any
the right to appear before the Special
74-107 under penalties.
person cited for violation of this ordinance has
Master to contest a violation" amending Section
Public Comments
Geraldine Genco Dube, 7 Country Club Drive stated 10 days was not enough and felt
residents could be gone for a lengthy time.
Public Hearing Closed.
Council Consensus agreed to amend the language to 15 days.
MOTION: Council Member Amero moved approval of Ordinance 3-08 as amended.
Vice Mayor Watkins seconded the motion, which carried by unanimous 5-0 vote.
NEW BUSINESS
17a. Resolution 7-08 Amending previously adopted Resolution 25-0708 to
correct a scriveners error in polling location designations for the March 11,
2008 Election
Attorney White read the Ordinance title into the record.
MOTION: Council Member Turnquest moved approval of Resolution 7-08. Vice Mayor
Watkins seconded the motion, which carried by unanimous 5-0 vote.
17b. Ordinance 4-08, First Reading, Amending the Village of Tequesta Code of
Ordinances at Chapter 78. Zoning. Article IX. Supplemental Regulations.
Division 1. Generally at Section 78-284. Walls and Fences. To provide for
the construction and/or placement of certain entry or driveway features
that exceed five feet in height forward of the front building line in certain
circumstances; providing that each and every other section and sub-
section of Chapter 78. Zoning. (Second Reading 3/13/08)
Attorney White read the Ordinance into the record.
Mayor opened the public hearing.
Manager Couzzo explained the Ordinance was brought back for discussion and referred
to several ornamental gate structures which were in violation and one resident which
was now in compliance. He explained the different aspects of gates, their heights and
construction would be discussed. Council Member Turnquest questioned the permitting
process of the gates. Manager Couzzo confirmed all gates stationary and electric would
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Page 9
need to be permitted. Council Member Paterno noted that all gates must be on
residential property. Vice Mayor Watkins noted gates could make the property values
higher.
There being no public comments, Mayor Humpage closed the public hearing.
MOTION: Vice Mayor Watkins moved approval of Ordinance 4-08. Council Member
Turnquest seconded the motion, which carried by unanimous 5-0 vote.
Manager Couzzo noted the item might need additional time and would not come back
for the March Meeting.
17. POSTEDPONED TO MARCH 13, 2008 7:00 P.M.
SPR 1-08, Quasi-Judicial, Site Plan Application review for CVS to open a
Minute Clinic within their existing store
MOTION: Vice Mayor Watkins moved approval of rescheduling the Site Plan review to
the March meeting. Council Member Paterno seconded the motion, which carried by
unanimous 5-0 vote.
18. Council discussion and direction regarding proposed Code revisions to the
duties of the Local Planning Agency and the Planning and Zoning Advisory
Board
Attorney White explained the Village Code of Ordinances, the State Law requirements
and the connection regarding the Local Planning Agency. She felt clarification was
needed in this area and stated that the Local Planning Agency; once designated by the
Council must perform as State Law required. She stated the Village Code needed to be
amended to follow the State Laws and the duties required must be allocated and
specified by Council.
Vice Mayor Watkins questioned if site plans were reviewed by the Planning & Zoning
Advisory Board. Ms. Catherine Harding, Director of Community Development, stated
they did not, but noted the Board did review the esthetic values. Vice Mayor Watkins
asked for clarification from Planning and Zoning on their duties and asked if there would
be an advantage to the Planning and Zoning Board being the Local Planning Agency.
Attorney White explained the Local Planning Agency was an advisory board only; who
reviewed and gave advice to the local governing body.
Geraldine Genco Dube, 7 Country Club Drive recalled the Village having two Local
Planning Advisory Boards performing at the same time; one being the Council; who
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Page 10
then chose the Planning and Zoning Board to be the Local Planning Advisory Board
intended to review items for final approval by Council.
Attorney White explained she would need guidance from Council and Ms. Harding to
draft an Ordinance for review at the March meeting.
Council Consensus agreed Council would remain the Local Planning Advisory Board.
STANDING REPORTS
19. Village Attorney
Attorney White noted the items she had worked on for the Village such as the Water
Shortage Agreement and other written documentation were provided as backup.
20. Village Manager
Manager Couzzo commented on:
• The terrific and refreshing job Attorney White had shown.
• Architectural Engineering proposals for Tequesta Park would be opened
tomorrow.
• Had a meeting with a Bridge Engineer along with several residents to discuss
options for repair on Tequesta Bridge.
• Wished Council Member Amero the best.
ANY OTHER MATTERS
Vice Mayor Watkins asked Council to consider the Annexation Forum which was
unfunded and involved a large amount of people.
Council Member Amero felt taking action on the Tequesta Bridge problem was
extremely important and a no wake zone should be implemented immediately to stop
deterioration of the structure. He encouraged placing buoys and having the Police
Department enforce and monitor the area to ensure compliance. He asked Manager
Couzzo if the Public Resource Management Group would be conducting the Financial
Analysis. Manager Couzzo responded yes and stated that there was a target date for
March. Council Member Amero suggested placing art work, photos and historic pieces
in the Chambers which he felt citizens would enjoy. Ms. Lori McWilliams stated the
Village valued history and was in the process of creating a historical area.
Council Member Paterno stated how positive the selection of the Village Attorney had
been for the Village. Council Member Turnquest reiterated appreciation for Attorney
White and offered his support for the historical project and the Tequesta Bridge repairs.
He felt the no wake zone was important to implement and enforce, but stated Code
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Page 11
Enforcement was over loaded and the enforcement would require support from the
Police Department.
Vice Mayor Watkins suggested setting the annexation issue on an upcoming agenda.
Mayor Humpage suggested allowing the next Council; after the March 11, 2008 election
to set a meeting date on the annexation item.
Mayor Humpage referred to Tequesta's Memorial "The Friends of Public Safety" and
reported it would break ground in the next few months. He announced Mr. Carlton
Stoddard was present and deserved recognition for his part in the Memorial. He also
thanked Council Member Amero for his service to the Village.
ADJOURNMENT
MOTION: Council Member Amero moved to adjourn the meeting at 9:30 p. m.;
seconded by Vice-Mayor Watkins; motion carried unanimously 5-0.
Respectfully submitted,
~,o~mr~
Lori McWilliams, CMC
Village Clerk