Loading...
HomeMy WebLinkAboutMinutes_Regular_05/08/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING MAY 8, 2014 <J CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Members Steve Okun, Tom Paterno and Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Paterno offered the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA Mayor Brennan advised that she had to abstain from the motion regarding F.O.P.S. due to a voting conflict. MOTION: Council Member Okun moved approval of the agenda with Item five pulled for discussion; seconded by Council Member Paterno; motion carried unanimously 5 -0. PROCLAMATIONS 1. Proclaiming May 25, 2014 as National Missing Children's Day A representative was not in attendance, therefore; the proclamation was not read. CONSENT AGENDA MOTION: Council Member D'Ambra moved approval of the following Consent Agenda; seconded by Council Member Okun; motion carried unanimously 5 -0. 2. MINUTES — 3/13/14 Reorganization; 3/13/14 Regular; 3/31/14 Workshop; and 4/10/14 Regular 3. Award Contract to Terracon Services, Inc. for Maintenance of Various Locations in the Village of Tequesta 4. Adopt Program for Public Information (PPI) in Accordance with the New FEMA Guidelines Under the Community Rating System (CRS) END OF CONSENT AGENDA 5. Approval to Co- Sponsor F.O.P.S. Outreach Project— Fourth Annual Chili Cook - off and Beer Tasting Event on November 8, 2014 from 2 p.m. — 6 p.m. at Paradise Park Village Council Minutes May 8, 2014 Page 2 MOTION: Council Member Okun moved approval of the Chili Cook -Off Co- Sponsorship; seconded by Council Member D'Ambra; motion carried 4 -0 with Mayor Brennan abstaining. COMMUNICATIONS FROM CITIZENS Pat Watkins, 167 River Drive shared her experience with the MTMS (Military-To-Main- Street) review committee and commented on how grateful the applicants were for the opportunity presented. Ernie Cox, (volunteer) President of Athletic Boosters at JHS (Jupiter High School) explained the need to update the stadium field and noted the school district could not cover the entire expense, which was the reason for reaching out to their neighbors for financial support. Dan Frank, JHS Principal, 754 Tequesta, noted that many Tequesta students were serviced by Palm Beach County schools and extended an invitation to all in attendance to visit the site. He explained the schools intentions in the community and asked that Tequesta be involved in the partnership. Council Member D'Ambra responded that Council had approved specific funding and that Tequesta was a small municipality. He felt that Jupiter was much larger with a more diversified funding base and concluded that the Village did not have the funds to participate. Mayor Brennan stated that she would bring the item up again during the next budget cycle. Mr. and Mrs. Hayward, 27 Shay Place, offered photos and expressed their concern regarding an adjacent lot which was an ongoing problem to their property. Manager Couzzo responded that the issue would be taken care of. COMMUNICATIONS FROM COUNCIL Vice Mayor Arena commented on the All Aboard Florida issue and the time and importance that Mayor Brennan had placed on the issue. Council Member Paterno pointed out the change in the Village fund balance and that it had been negative during the past five years. He suggested a modification was necessary along with a closer analysis of every funding decision. Council Member Paterno felt the hurricane restricted funds should be evaluated in order to stabilize the upcoming budget and added that no reinvesting was being completed regarding capital improvements or in the community at present. Mayor Brennan recalled the time period prior to the recent recession when Village reserves were put aside for economic issues. She pointed out that the recovery had not accelerated at a rate positive enough to refund the reserves, and that Tequesta had been operating extremely close. Council Member D'Ambra voiced his opinion that with the current economic condition it was not a sensible time to increase taxes in the Village. He reported additional revenues that had been obtained and helpful with assisting the Village during tough times. Council Member D'Ambra voiced that there was no momentous change in revenue in the near future and suggested Council holds off on any changes. Council Member Paterno felt more information was needed to obtain an accurate analysis. Village Council Minutes May 8, 2014 Page 3 Nathan Peters, 2602 SE Milky Way Drive, Stuart, offered his understanding regarding the Village's bridge restrictions in relation to his trailer and his profession. He felt restrictions were discriminatory and requested the limitations be adjusted and/or lifted as much heavier trucks utilized the bridge. Council Member D'Ambra explained the type of truck traffic mattered and felt Council could discuss the item further for an alternative solution. Council Member D'Ambra questioned a business sponsored dine around event, the Water plant testing of copper levels notification, which he believed Council was unaware of, and the Waterway Road paving issue he felt Council should address. Council Member Paterno shared his feelings since he had looked at the street in Waterway Village. STANDING REPORTS Village Attorney Attorney Davis updated Council on the following: • The Verizon tower agreement with the Village was in the final stage • US Supreme Court had affirmed the use of prayer before local government meetings • The Sunshine law ethics training held was an annual requirement • Magistrate code settlement relating to 1 Main Street of $15,000 • The Paradise Park lease was up for renewal Council Member D'Ambra asked for an update regarding the Tequesta Shoppes. Attorney Davis stated an updated document had been received by the Village and that he and staff would be meeting regarding revisions. Village Manager Manager Couzzo offered an update regarding negotiation with the PBA (Police Benevolent Association) this morning and the union's appreciation for the creativity extended. REGULAR AGENDA OLD BUSINESS 6. ORDINANCE NO. 8 -14, SECOND READING, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTIONS 2 -183, 2 -184 AND 2- 185. OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE UPDATED REGULATIONS REGARDING THE RECOVERY OF ADMINISTRATIVE COSTS, IN CONFORMANCE WITH RECENT COURT RULINGS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 2. ADMINISTRATION. 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 Attorney Davis read Ordinance 8 -14 title into the record. Village Council Minutes May 8, 2014 Page 4 Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 8 -14; seconded by Council Member Patemo; motion carried unanimously 5 -0. NEW BUSINESS 7. ORDINANCE 9 -14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN, FOR FIREFIGHTERS ONLY, BEGINNING OCTOBER 1, 2010, TO ESTABLISH A 2% MULTIPLIER FOR THE FIRST SIX (6) YEARS OF EMPLOYMENT AND A 2 MULTIPLIER FOR EACH YEAR OF EMPLOYMENT THEREAFTER; ALSO AMENDING THE DEFINITION OF "SALARY" TO INCLUDE BASE COMPENSATION AND TO EXCLUDE LUMP SUM PAYMENTS, OVERTIME, BONUSES, INCENTIVES AND LONGEVITY ALLOWANCES FOR PURPOSES OF CALCULATING AVERAGE FINAL COMPENSATION Attorney Davis read Ordinance 9 -14 title into the record. Mayor Brennan questioned the multiplier being placed on the books and the need for codification. Council Member D'Ambra asked if the actuarial valuations had included the Ordinance 9 -14 change. Manager Couzzo responded that he did not believe so. Council Member Patemo inquired about the included incentives. Manager Couzzo responded that an accurate schedule of the included incentives would be produced for Council review. Mayor Brennan opened the public hearing for public comments; there being none the public hearing was closed. MOTION: Council Member Paterno moved approval of Ordinance 9 -14; seconded by Council Member Okun; motion carried unanimously 5 -0. 8. ORDINANCE 10 -14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2- 61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL EMPLOYEES' PENSION TRUST FUND, TO ADOPT REVISIONS REQUIRED BY THE TERMS OF IRS FAVORABLE DETERMINATION LETTER DATED JUNE 17, 2013, KNOWN AS "GUST" REVISIONS Village Council Minutes May 8, 2014 Page 5 Attorney Davis offered new documentation pertaining to ordinances 10 and 11 and stated that the backup had not made it into Council's agenda packets. He stated his opinion was that the information appeared to be housekeeping and was IRS (Internal Revenue Service) required. He then read the title into the record. Mayor Brennan felt that some of the new information would need clarification from the pension attorney. Council Member Okun felt the housekeeping ordinance should be passed on first reading. Vice Mayor Arena agreed. Council Member Patemo supported passing the requirements as long as the language was accurate. MOTION: Council Member Okun moved approval of Ordinance 10 -14; seconded by Council Member Patemo; motion carried unanimously 5 -0. 9. ORDINANCE 11 -14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2- 61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL EMPLOYEES' PENSION TRUST FUND, TO ADOPT REVISIONS REQUIRED BY THE TERMS OF IRS FAVORABLE DETERMINATION LETTER DATED JUNE 17, 2013, KNOWN AS "EGTRRA" REVISIONS Attorney Davis read Ordinance 11 -14 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 11 -14; seconded by Council Member Patemo; motion carried unanimously 5 -0. 10. ORDINANCE 12 -14, FIRST READING, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE VILLAGE OF TEQUESTA Attorney Davis read Ordinance 12 -14 title into the record. Mayor Brennan opened the public hearing. Manager Couzzo explained the six percent franchise fee would give FPL (Florida Power and Light) authorization to use the ROW (Right of Way). He noted this was most favored as a national provision which allowed the Village to take advantage of a franchise fee greater than what we were receiving presently. Council Member Paterno asked if Tequesta could legally have a lower term. Attorney Davis responded yes. Village Council Minutes May 8, 2014 Page 6 Council Member Paterno questioned underground lines and any new underground requirements. Attorney Davis responded that documentation existed which explained how operations would be performed pertaining to Council Member Paterno's question but were not a function of the franchise agreement. Pat Watkins, 167 River Drive asked about FPL's involvement. Attorney Davis explained that they were to provide a required standard service and local government could not regulate their services. He added that if the Village wanted underground lines, FPL would be happy to discuss options and offer the costs associated. An FPL Representative offered his understanding that it was unacceptable to agree to put in underground lines for free per the Florida public service commission. Council Members D'Ambra and Paterno declared that they would like to see the prohibition as it was stated in the statute. FPL Representative added that in order to collect a franchise fee the agreement would need to pass, however service would continue. Mayor Brennan opened the public hearing to the hearing to the public; there being none she closed the public hearing. MOTION: Council Member D'Ambra moved approval of Ordinance 12 -14; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 11. RESOLUTION 14 -14, PURCHASE OF AN 800 MHZ RADIO SYSTEM IN THE AMOUNT OF $318,830.42 AND APPROPRIATING ADDITIONAL FUND BALANCE IN THE GENERAL FUND #001 AND THEREBY INCREASING THE 2013/2014 GENERAL FUND BUDGET BY $318,830.42 Attorney Davis read Resolution 14 -14 title into the record. Ms. JoAnn Forsythe, Finance Director, clarified that Council could not count on receiving funds from forfeiture money, and that funds must be in the bank before they can be discussed and/or earmarked for use. MOTION: Council Member Okun moved approval of Resolution 14 -14; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 12. RESOLUTION 15 -14, PROVIDING FOR THE ANNUAL BOARDS AND COMMITTEE APPOINTMENTS AND REAPPOINTMENTS Mayor Brennan explained there was no vetting process associated with the resolution. Manager Couzzo offered a brief history of past processes. Council Member Okun felt it was hard enough to fill board vacancies. Mayor Brennan suggested applicants attend a meeting and make a short presentation. MOTION. Council Member Okun moved approval of Resolution 15 -14 as amended; Village Council Minutes May 8, 2014 Page 7 seconded by Council Member D'Ambra; motion carried unanimously 5 -0. ANY OTHER MATTERS Council Member Paterno mentioned the sign ordinance and that more signs (three within three feet of each other) were being seen in the Village. Manager Couzzo stated the signs reflected the spirit of Councils decisions in the Village ordinance and, that he would review the sign locations. Council Member Paterno then questioned the placement of signs stating Village law regarding pets in the Village everywhere except in the parks. Manager Couzzo questioned Council support regarding in -house legal once per week (every Thursday). Attorney Davis noted that this was not intended to increase billable time and that he would not bill for time he was not doing Village work. Mayor Brennan suggested Council be copied on the items that the Attorney would be working on with the Manager. Manager Couzzo confirmed that copies of the itemized bills, with projects allocated would be made available to Council. Council Member D'Ambra commended Mayor Brennan on her efforts regarding All Aboard Florida (AAF). He mentioned an article distributed by Amy Cavaretta on AAF and a paper on the Guidelines for Developing a Successful Solution for the Peninsula Rail Corridor. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Respectfully submitted, 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. IV FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Brennan, Abigail Village Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 23 Tradewind Circle WHICH I SERVE IS A UNIT OF: CITY COUNTY af CITY O COUNTY O OTHER LOCALAGENCY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Village of Tequesta May 8, 2014 MY POSITION IS: Of ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • ! t • d ! ► • M • • It t • • f' ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Abigail Brennan hereby disclose that on M 9 20 14 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: I am an officer of a not - for - profit corporation, The Friends of Public Safety, Inc., that hosts a charitable event co- sponsored by the Village of Tequesta. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. May 8, 20 Date Filed ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C.