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HomeMy WebLinkAboutDocumentation_Regular_Tab 04A_01/15/2004 r y � � A VILLAGE OF TEQUESTA `�`� Post Office Box 3273 • 250 Tequesta Drive, Suite 300 °" \� o Tequesta, Florida 33469-0273 • (561) 575-6200 � ; . _ � Fax: (561) 575-6203 ,4 i C MINUTES VILLAGE OF TEQUESTA REGULAI� VILLAGE COUNCIL MEETING THURSDAY, DECEMBER 11, 2003 7:00 p.m. 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regular meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, December 11, 2003. The meeting was callPd to order at 7:00 p.m. by Mayor Resnik. A roll call was taken by Village Clerk Miles. Council Members present were: Mayor Resnik, Vice Mayor von Frank, Council Member Joseph Capretta, Council Member Geraldine Genco, and Council Member Watkins. Also in attendance were: Village Manager Couzzo, Village Attorney Hawkins, Village Clerk Miles, and Department Heads. II. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation and Pledge was led by Pastor Paul Beresford of First Baptist Church of Tequesta. III. APPROVAL OF AGENDA IV. UNFINISHED BUSINESS A. Ordinance 583—Second Reading—An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, repealing, Chapter 7, C�mmunity Appearance Board, of the Village Code of Ordinances, in its entirety; adopting a new Chapter 7, Planning and Zoning Advis�ry Board; providing for severability; providing for repeal of , ordinances in conflict; providing for codification; providing an effective date.—Conzmufzity Developmetzt Director Jeffe�y C. Newell Summary: Second Reading of an Ordinance to create the Planning and Zoning Advisory Board and designate them as the Local Planning Agency for the Village of Tequesta. They will evaluate Comprehensive Development Plan amendments, act as the Official 1 Recycled Paper Tree Board and the Community Appearance Board, and evaluate other zoning issues prior to review and adoption by the Village Council. MOTTON: Vice Mayor von Frank moved to approve Ordinance No. 583, seconded by CaunciZMembe� Watkins... Council Mem6er Watkins asked if it would be possible for some Association to ha.ve three members. Community Development Director Newell explained that of the Bdard did not meet the requirements of the Ordinance, then they would have the ability to choose another person from the same Association. Council Member Genco added if we have to, we have the ability to fill the Committee in whatever way in the event we do not have a full board— a line should be added, a sentence that contemplates under-composition of the Board. Mayor Resnik added we have the ability to appoint a fifth member, who sha11 serve without compensation. Council Member Watkins clarified that we shouldn't preclude the Ordinance, it should be to fill a position that could not othervvise be filled. We have to find citiaens willing to qualify for a Board seat. Council Member Capretta stated about seven or eight years ago we lost complete contact with all Homeowners' ,Associations east of the Intracoastal and west of the railroad track. This whnle business of trying to do something on a geographical basis has not worked somehow. I always worry about the condos—r�ve have only been able to get one person to participate on the Beaches and Shores Council. We can't seem to get participation out of these groups. We have to wait and see wha.t the response wi�l be. Mayor Resnik comme�ted if we don't get what we want we can appoint somebody. Village Attorney Hawkins clarified the Ordinance should state "in the event there is a lack of qualified eligible participants, the Council shall have the right to fill open seats with residents from any area,. �illage Attorney Hawkins read Urdinance No. 583 by caption only. MOTION: Vice Mayor van Frank motioned to approve Ordinance No. 583 as amended ("In the event we have a lack of qualified eligible participants, the 2 Council shcxll have the right to fill open seats with c�ny residents from any area. '); seconded by Council Member Watkins. Mayor Resnik aye Vice Mayor von Frank aye Council Member Capretta aye Council Member Genco aye Council Member Watkins aye Motion carried S-D. B. Ordinance No. 585 Second Reading—An Ordinance of the Village Council of the Village of Tequesta, Palm Bea.ch County, Florida, amending Exhibit "A" of Section 2-30 and adding a new exhibit "B" of the Code of Ordinances, Village of Tequesta, Florida, relating to the Employees' Pension Trust Funds to comply with the provisions of Chapter 99-1, Laws of Florida; amending definitions; establishing one plan for general employees as Exhibit "A" and one plan for public safety officers as Exhibit "B"; reconstituting the Board of Trustees; establishing qualifications for members thereof; providing for investment of assets; providing for repeal of ordinances in conflict; providing for codification; providing for an effective date.—Village Manager Michael R Couzzo, Jr., Village Clerk �l�lary Miles Summary: Second Reading of Ordinance No. 585 amending the Employees' Pension Trust Funds to comply with Florida Statutes, amending definitions, and establishing one plan for General Employees and one plan for Public Safety Officers. Fire C1uef Weinand sta.ted this is tlie second rea.ding of the Pension Ordinance, and basically it puts it into compliance, and separates the Public Safety Officers' and General Employees' plans. Council Member von Frank wanted to clarify an item on page 26 on maximum paymetrt. He understands a police officer retired in Miami with more money than he had when he was working, and it was due to the fact he had overtime. Council Member von Frank asked about supplementa,l income. Fire Chief Weinand (Public Safety Officers' Chair) responded this is of no impact to the Village of Tequesta. It is the same provision under FRS that all employees under FRS already get. There was no cost to the Village of Tequesta for adding that last benefit. Community Developmeitt Director Newell (General Employee�' Chair) thanked the Council and expressed his appreciation to the Board. Village Attorney Hawl�ns read Ordinance No. 585 by caption only. 3 MOTION: Yice Mayor von Frank moved to approve Ordinance No. 585, seconded by Council Memher Genca Mayor Resnik crye Yice Mayor von Frank aye Council Member Capretta aye Council Member Genco aye Council Member Watkins aye Motion ca�ried S-D. C. Request to increase the Village Manger's 2003 Performance Recognition Compensation (PRC).--Council Member Joseph N. Capretta Summary: Adjust the Village Manager's PRC for 2003 to $1,000.00 greater than received in 2002. Council Member Capretta mentioned at the last meeting he gave a recommenda�ion for a$1,000.00 increase over the PRC [performance recognition compensation]. I misspoke and said he received 57,000.00 last year. Later I found it was $11,100.00, and the PRC should be $12,100.00. MOTION: Vice Mayor von Frank moved to approve $12,100. 00 for performance recognition compensation for Village Manager Couzzo, seconded by Council Member Watkins; motion carried S-0. V. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one �notion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed fi�om the Consent Agenda and considered in its normal sequence on the Agenda. A. Regular Village Council Meeting Minutes of November 13, 2003.— Village Clerk Mary Miles B. Community Appearance Board Minutes of July 9, 2003.—Village Clerk Ma�y Miles C_ Community Appearance Board Minutes of July 24, 2003.—Village Clerk Mary Miles D. Ratification of contracts for the Month of November 2003 pursuant to Village Charter Section 3.03 (9).—Village Clerk Mary Miles i. Pitney Bowes Contract for postal meter. Summary: Pitney Bowes Contract for postal meter at a budgeted charge of $167.00 per month. 4 u. Best Striping, Inc. Contract for striping roadways. Summary: Best Striping, Inc. Coutract for striping Chapel Court, Shady Lane, Bayview Terrace, and I�tracoastal Circle for a budgeted amounrt of $1,272.1�. MOTION: Yice Mayor von Frank moved to approve the Consent Agenda, seconded by Council Member Watkins; motion carried 5-D. VI. COMMUNICATIONS FROM CITIZENS Non-agenda items for public comments are limited to three mirtutes, please. Arryone wishing to ,speak is asked to complete a card and give it to the Village CZerk, and when called go to the podium, state his/her name and address for the record, then address the Village Council. Dottie Campbell recalled she has been a pollworker since the mid 60's. For the last several years she has been trying to add a precinct. The precinct east of the river was over 2,500, and at that time, it was one af the 10'� largest precincts in the coumy. Then she went as far as the railroad track, which is also an area of growth. This year we have a presidential election. We need to add another precinct, and we feel we could use the labby of the public safety building or work something out with the home on US 1. Also tomorrow we have the holiday walk at Gallery Square North, and we would love some of the Council to be there. Santa will be there. VII. COMMUIVICATIONS FROM COUNCiL Council Member remarks on non-agenda items of interest and benefit to other Council Members, the Village and its residents Mayor Resnik stated over the past year we have had many beneficial accomplishments, and our one last is Santa will visit on December 24�', and wil� have the elves give out some candy. He will have a police escort. Our Village was named Tree City USA for the 11�' consecutive year. This is a prestigious thing. We planted a tree in Teque�ta Park for Arbor Day, and I went out and was hoping to see a bunch of young children. Lastly, I want to wish everyone a very Merry Christmas and a Happy New Year. Council Member Genco said she would like to wish everyone a good Holiday, and take a moment to thank a11 the people that have helped contribute to what we are today. Council Member Watkins stated she wants to thank everyone, it has been a marvelous year for her. She thanks everyone who has been so supportive. We are all very foriunate to live in a Village such as this. 5 Council Member Capretta mentioned he has been on the Council for a very long time, and has seen a lot of progress. He particularly thanked Police and Fire for honoring him naming the Command Center after him. He hopes to continue to make a11 the citizens in this town feel safer as we have for many years. Council Member Couzzo stated there have been a number of projects that have been stagnate: Zaino's Property and the Crossings. Mayor Resnik requested that the Village Attorney give a briefing on these issues. Village Attorney Scott Hawkins discussed on the legal front, the Feibel Contract closed successfully. Hattie Siegel filed a motion for summary judgment, and we are in the process of scheduling a hearing. We will get it done and have it heard_ We have obtained judgment against JMZ Properties for $27,000.00 plus. With regard to the 7ohnson matter, he has moved for rehearing. It is working its way through the process. Council Member Genco requested an update on the old Zaino's Property. Community Development Director Newelt stated there are parties still negotiating. He stated he had a meeting with the interested parties, and we should see closure to that property soon. VIII. NEW BUSINESS A. R�SOLUTION N0.17-03/04--A RESOLUTION OF THE VII,LAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CALLING A GENERAL MUNICIPAL ELECTI4N TO BE HELD, TLIESDAY, MARCH 9, 2004, AND IF NECESSARY THE MUNICIl'AL RUN-OFF ELECTION TO BE HELD TUESDAY, MARCH 23, 2004, FOR THE PURPOSE OF ELECTING SEATS 1, 3 AND 5; DESIGNATING POLLING LOCATIONS, ELECTION OFFICIALS AND INSPECTORS C1F ELECTION; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE.—Village ClerkMaryMiles Summary: A Resolution, as required by Urdinance, to designate polling locations, election officials and duties for the March 9, 2004 General Municipal Electiop. Seats 1, 3 and 5 are up for election. Village Clerk Miles explained this resolution was required by Ordinance; however, there axe some items subject to amendment the precinct location and poll workers—as we are waiting to get that information from the Palxn Beach County Supervisor of Elections. Time constraints have us putting this item through now; however, since this is a county-run election in March, the other information will have to come from Theresa LePore. 6 Village Clerk Miles read Resolution No. 17-03/04 by caption only. MOTION: Council Member Watkins mov�d to approve Resolution No. 17- 03/04, seconded by Vice Mayor von Fi�ank; motion catried S-0. B. RESOLUTION N0.18-03/04—A RESOLUTION OF THE VII..LAGE COUNCIL OF THE VII..LAGE OF TEQUESTA, PALM BE.�CH COUNTY, FLORIDA, APPR�PRIATING ADDITIONAL FUND BALANCE OF $66,200.00 FROM THE CAPITAL IlVIl'ROVEMENT FLJND#301, TO FLTND THE ASPHALT OVERLAY OF 1.6 MII,ES OF VII.LAGE ROADWAY, INTRACOASTAL ClRCLE, CHAPEL LANE, CHAPEL COURT, CHAPEL CIRCLE, SHADY LANE, BAYVIEW ROAD, BAYVIEW TERRANCE, AND BAYVIEW COURT, AND BUDGETING THESE FUNDS INTO BUDGET YEAR 2003/2004, ACCOiJNT #301-310-653.601�--ROAD IlVIl'ROVEMENTS.—Finance Director JoAnn Forsythe Summary: The contract witth Ra.nger Construction to perForm the annual asphalt overlay of 1.6 mites of roadway was approved by the Council on August 12, 2002 (fiscal year 2002/2003). The project is to be started and completed in fiscal year 2003/2004, so the funds should be appropriated into fiscal year 2003/2004. Finance Director Forsythe stated this project was approved by the Council last year, but was not completed last year. The funds are available. Village Attorney Hawkins read Resolution No. 18-03104 by caption only. MOTION: CounciZMember Genco moved to approve Resolutio� No. I8-03/04, seconded by Vice Mayor von Frank; motion carried S-0. C. RESOLUTION 20-03/Q4—A RESOLUTION OF THE VII,LAGE COUNCIL OF 'THE VII..LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH OMNIl'OINT HOLDINGS, INC. C/O T-MOBILE O� BELLEWE, WASI�NGTON, FOR THE LEASE OF 150 SQ. FT. OF GROUND SPACE ON THE PROPERTY OF TI� VII.,LAGE FOR THE CONSTRUCTTON, OPERATION A1�TD DZAINTENANCE OF ,AN EQUIl'MENT SHELTER, AND TO ERECT, OPERATE AND MAINTAIN COR�IMI.TrIICAT'IONS ANTENNAS ON TI� VII,LAGE' S EXISTING COMMUIVICATIONS TOWER LOCATED AT 901 N. DIXIE HIGHWAY, AND AUTHORiZING THE VII,LAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF OF TI� V II.,LAGE.—Village Manager Michael R Couzzo, Jr. . 7 Summary: Approval of a lease agreement between the Village and Omnipoint Holdings, Inc. c% T-Mobile, leasing space for cellular phone equipment on the Sprint Cell Tower within the Village. Village Manager Couzzo remarked they will pay the first five years up front plus an additional$5,000.00 in legal fees. The revenue from thi5 will total to over a million. These are not ad valorem revenues. Village Attorney Hawkins read Resolution No. 20-03/04 by caption only. MOTION: Vice Mayor von Frank moved to approve, seconded by Counczl Member Capretta... Council Member Genco remarked that the lease was phenomenal, and Micha.el did a grea.t job. Village Manager Couzzo stated we will look to continue to market to other cellular providers. Resident Dottie Campbell asked' where the money would be applied. Village Manager Couzzo stated the Council should decide at any tirrie. Reserves axe over two million. The Council last year made a determination of what they want to do with the reserves. Mayor Resnik stated the reserves will be used for Village Ha11. When we do the reserves, we will categorize so it doesn't get commingled. Motion carried S-0. D. RESOLUTION 19-03/04—A RESOLUTION OF THE VII.,LAGE CUUNCIL OF TI� VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING AN INTRA FUND TRANSFER OF $36,000.00 FROM 1'HE UNDESIGNATED FI3ND BALANCE FOR ENGINEERING AND CONSTRUCTION OF TI� PHASE I JUPITER HEIGHTS PROJECT AND AUTHORIZING TF� VII.LAGE MANAGER TO EXECUTE THE APPLICABLE TRANSFER ON BEHAI,F OF TI-� VII,LAGE. Public Services Mcarrage� Russell K. White Summary: Transferal of funds #o cover estimated constru�ction and engineering costs of $39,500.00 for ezpansion of water distribution into the Jupiter Heights Subdivision. This is part of the plan to eapand the water system outside of Tequesta. Village Manager Couzzo stated this basically authorizes an intrafund transfer for the utilities. It extends the water utility lines to the Jupiter 8 Heights Subdivision. The payback on it would be rather instantaneously. This is in concert with the Council. There is a need and cost benefit analysis. The staff and I are going to take a look at our existing service agreement so we will have a much more designated service area. Village Attorney Hawkins read Resolution No. 19-03/04 by caption only. MOTIQN: Council Member Genco moved to apprQve Resolution No. 19-03/04, seconded by Council Member von Frank; motion carried 5-0. IX. ANY OTHER N�A�"FERS X. ADJOURNMENT Meeting adjourned at 8:20 p.m. 9