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Home My WebLink AboutMinutes_Regular_06/12/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING JUNE 12, 2014 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 D'Ambra offered the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda, seconded by Vice Mayor Arena; motion carried unanimously 5 -0. PRESENTATIONS 1. General Employee Board Pension Board Presentation A presentation was offered by board member Cary Levine. Mr. Levine offered updates regarding fund performance, allocations and recent advisor changes. PROCLAMATIONS 2. Proclamation Proclaiming the Week of June 2 -6, 2014 as Code Enforcement Officers' Appreciation Week Clerk McWilliams read the proclamation in recognition of code enforcement officers. Mayor Brennan voiced esteem for Tequesta Officer Joe Petrick and commented that his demeanor was an asset to the Village and the position. She explained that Officer Petrick was not in attendance as he was out on training. COMMUNICATIONS FROM CITIZENS Steve Anderson, 34 Russell Street voiced his frustrations with: permit costs being too high and; All Aboard Florida (AAF) coming through the area. Harold Taylor, 13 Chapel Court, voiced his gratitude for the informational AAF meeting held recently, offered suggestions associated with and, questioned financial responsibilities regarding the venture. Rick Poulette, CWA President offered his understanding and dissatisfaction with details associated with the recent CWA union agreement negotiations and, the apparent back and forth and misunderstanding regarding the particulars. He then asked that Council reconsider the latest proposal. Mayor Brennan voiced her appreciation for Village employees and noted Council was holding a workshop next Wednesday in hopes of resolving the issue. Village Council Minutes June 12, 2014 Page 2 COMMUNICATIONS FROM COUNCIL Vice Mayor Arena voiced gratitude for experiences within the Village. Mayor Brennan expressed delight that the Futures facility was experiencing success. STANDING REPORTS Village Attorney Attorney Keith Davis noted the recent outcome regarding red light cameras and the decision that any cameras used before 2010 were unlawful and a refund of fines may be required. He also reported that a revised residential P.A.C.E agreement would be brought forward in the near future. Council Member D'Ambra requested an outline of the agreement from Tequesta Shoppes (including the landscape details in particular). Attorney Davis responded that a copy of the proposed landscape was available in Community Development. Village Manager Manager Couzzo advised that the Verizon agreement was in the final stages. CONSENT AGENDA MOTION: Council Member D'Ambra moved approval of the following Consent Agenda; seconded by Council Member Patemo, motion carried unanimously 5-0. 3. MINUTES — 4/28/14 Workshop and 5/8/14 Regular Council Member D'ambra corrected the word monthly in the 4/28 minutes and stated it should read annually. MOTION: Council Member Okun moved approval of the amended change to the 4128114 minutes; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 4. Approval of Contracts Signed by Manager under $25,000 a. FDG Flagler Station and Village of Tequesta Real Estate Renewal Lease Agreement (File#281- 1 -2b), $9,649.50. b. D & B Consulting, Inc. Executive Coaching Services Agreement - $1,500.00 c. Traffic Solutions Contract - Striping of Country Club Drive - $9,100.85 d. Tveyes — Media monitoring Service Agreement - $1,200.00 / 12 Months a. James Weinand and Village of Tequesta Employment Agreement — First Addendum - $14,867.87 END OF CONSENT AGENDA REGULAR AGENDA OLD BUSINESS 5. ORDINANCE 9 -14, SECOND READING AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY Village Council Minutes June 12, 2014 Page 3 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 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 9 -14; seconded by Council Member Okun; motion carried unanimously 5-0. 6. ORDINANCE 10 -14, SECOND 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 Attorney Davis read Ordinance 10 -14 title into the record. He then referenced the memo included in the backup from the pension attorney. Council Member Patemo questioned a mandated change mentioned on page 11. Attorney Davis responded that his understanding was that all the changes were required by the IRS. Mayor Brennan opened the public hearing to the public; there being no public comment the hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 10-14; seconded by Council Member Patemo, motion carried unanimously 5-0. 7. ORDINANCE 11 -14, SECOND 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 questioned the verbiage written on the submittal sheet which stated "unable to determine what, if any, financial impact will be caused by the changes ". Ms. JoAnn Forsythe, Finance Director, advised that financial impact could not be established. Village Council Minutes June 12, 2014 Page 4 Mayor Brennan opened the public hearing to the public; there being no public comment the hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 11 -14, seconded by Vice Mayor Arena, motion carried unanimously 5-0. 8. ORDINANCE 12 -14, SECOND 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 to Council for comments; there being none she opened the hearing to the public. There being no public comment the hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 12 -14, seconded by Vice Mayor Arena, motion carried unanimously 5-0. 9. ORDINANCE NO. 27 -13, SECOND READING AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78 -551 THROUGH 78 -554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACTIVITIES, AND BY CREATING AN ENTIRELY NEW SECTION 78 -561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WITHIN THE VILLAGE Attorney Davis read Ordinance 27 -13 title into the record. Council Member Okun suggested a rain date option be added. Attorney Davis responded that the detail could be added as part of the application process. Council Member Patemo referenced section 78 -561 and stated his concern (and reiterated his previous expression) regarding alcohol offered at outside events. He also questioned section f(a) or non - profits and affiliation with the Village. Council Member Paterno felt any nonprofit requesting a special event should have a community tie. Attorney Davis responded that the particular section of the ordinance would need to be adjusted, and he would need to research proper language to be used. Council Member Okun felt organizations have been associated with Tequesta and based outside the area in the past. Mayor Brennan mentioned the Renewal Coalition located in Jupiter as an example and suggested policy be developed rather than changing the ordinance. Attorney Davis noted consistency was essential and Council's preference regarding denial would apply to any special even- - application, he suggested leaving the ordinance language. Mayor Brennan asked Manager Couzzo to look into policy reg *rding types of events allowed. Village Council Minutes June 12, 2014 Page 5 MOTION: Council Member Okun moved approval of Ordinance 27 -14, seconded by Council Member Patemo; motion carried unanimously 5-0. 10. ORDINANCE NO. 34 -13, SECOND READING AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. XI. SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS, PROVIDING TIME LIMITS ON THE PERMITTING PROCESS; CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING TEMPORARY SIGN REGULATIONS AND PROHIBITED SIGN REGULATIONS, CREATING NEW FLAGPOLE REGULATIONS AND PROVIDING FOR GENERAL INTERNAL CONSISTENCY Attorney Davis read Ordinance 34 -13 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 D'Ambra moved approval of Ordinance 34-13, seconded by Council Member Patemo; motion carried unanimously 5-0. 11. ORDINANCE 41 -13, SECOND READING. — AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES "; RELOCATING AND UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE I Attorney Davis read Ordinance 41 -13 title into the record. Vice Mayor Arena questioned screening of commercial vehicles, their lettering and the storage of ladders atop of vehicles. Attorney Davis responded that lettering must be covered and ladders removed from roofs. Council Member Patemo questioned restrictions on the length on travel trailers. Attorney Davis believed the requirement had changed from 29 feet to 45 feet. Council Member Okun offered his understanding of length requirements and that parking must be on a pervious surface. He noted that covers could be purchased for the vehicles as well. Council Member Patemo felt that screening should be defined and voiced his understanding of screening was so that the vehicle could not be seen and felt a cover would not suffice. Mayor Brennan agreed. Attorney Davis noted that screening was required on all four sides. Council Member Okun suggested that acceptable vegetation and density be specified. Harold Taylor, 13 Chapel Court, asked the Village Attorney if the ordinance addressed parking of commercial vehicles while they were working at the site. Mayor Brennan responded that was covered. MOTION: Council Member Okun moved approval of Ordinance 41 -13, seconded by Vice Mayor Arena, motion carried unanimously 5 -0. Village Council Minutes June 12, 2014 Page 6 NEW BUSINESS 12. Approval of Employment Agreement between James Weinand and the Village of Tequesta for Fire Chief Services Effective 6/1/2014 Manager Couzzo explained this agreement had been discussed at a recent workshop and offered clarity on the details. MOTION. Council Member Okun moved approval of the employment agreement; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 13. SE 01 -14, Special Exceation Request for a Special Exception in accordance with the Village Zoning Code to allow a restaurant (including carry out) use in the MU zoning district as provided in Sec. 78 -180. The applicant is Oceana Coffee, Scott & Amy Angelo. The subject property is located at 150 N. U.S. Hwy. 1, #1 & 2, Tequesta, Florida 33469. Attorney Davis placed three persons under oath which were associated with SE 01 -14 and asked Council for any Ex Parte communications; there were none. Nilsa Zacarias, Planning and Zoning Director offered details regarding the application. MOTION: Council Member Okun moved approval of SE 01 -14; seconded by Council Member Patemo; motion carried unanimously 5-0. 14. RESOLUTION 16 -14, AMENDING RESOLUTION 15 -14 FOR THE ANNUAL BOARDS AND COMMITTEE APPOINTMENTS AND REAPPOINTMENTS Attorney Davis read Resolution 16 -14 title into the record. Clerk McWilliams explained details of the resolution and offered clarity on the historical committee requirements. MOTION: Council Member Okun moved approval of Resolution 16 -14; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 15. RESOLUTION 17 -14, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DISPOSE OF SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S PROCEDURES FOR DISPOSING OF SURPLUS PROPERTY Attorney Davis read Resolution 17 -14 title into the record. Council Member D'Ambra asked if an auction would be held for the surplus items. Manager Couzzo noted different options listed in the backup and his preferred intentions. He pointed out that Parks and Recreation would benefit from use of the Infinity. Manager Couzzo explained that the resolution was procedural to enter the items into surplus status. Council Member Patemo voiced his concern with perception of owning the expensive Village Council Minutes June 42, 2044 Page 7 vehicle. Manager Couzzo felt that Parks would get years of use out of the automobile and suggested placing lettering on it to publicize that it had been acquired through confiscation. Council Member D'Ambra suggested selling all the items to purchase something more useful. MOTION: Council Member D'Ambra moved approval of Resolution 97-14; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 16. Resolution 18-14, AMENDING THE VILLAGE "IDENTITY THEFT PREVEMTION PROGRAMn TO INCLUDE USE OF "MEDALLION SIGNATURE GUARANTEE"AS AN ADDITIONAL METHOD FOR DETECTING RED FLAGS Attomey Davis read Resolution 18-14 title into the record. Ms. JoAnn Forsythe, Finance Director, suggested a medallion guarantee be added as part of policy in the finance department, to insure out of state applicants were who they claimed to be. She felt that identiiy fraud was on the rise and a notary guarantee was to guarantee a signature and not sufficient or thorough as was needed. Council Member D'Ambra q�Estioned the appacen# inconvenienr.e to new homeowners. Ms. For-sythe reported that fraud could be esfiablished through an account and then used to move onto additional fraudulent activities. MOT10A1: Council Member D'Ambra moved approval of Resolution 9&14; seconded by Council Member Patemo; motion carried unanimously 5-0. 17. RESOLUTION 19-14, AWARDING A CONTRACT TO PANTROPIC POWER TO UPGRADE THE CAT 3512 GENERATOR TO MEET NEW ENVIRONMENTAL PROTECTION AGENCY (EPA) STANDARDS IIV THE A�l10UNT OF $45,490.Q0 A�ID �NCREASIIVG THE F�SCAL YEAR 201_3/20-14 BUDGET IN THE WATER UTlLITY FUNb #401 BY APPROPRIATING FUND BALANCE IN THE AMOUIVT OF $45,490.00 Attorney Davis read Resolution 19-14 title into the record. Nathan Litteral, Water Plant Superintendent noted that the Village was currently under a preferred rate with FPL (Florida Power 8� Light) and, the EPA guidelines include a parameter which must be followed to continue receipt of the discount. He noted that the reduction wras currently around $14,000. Mr. Litteral stated the costs would be recouped in approximately three years and, projected an estimated life expectaney of about 25 years on the equipment. He noted run time mandates required for the generator and, that FPL could solicit the Village to increased run times per the preferred rate agreement. Council Member Patemo asked that a summary of upcoming expenses be developed before the upcoming budget workshop. Manager Cou�o replied tha# he would follow up. MOTION: Council Member D'Ambra moved approval of Resolution 19-14; seconded by Vice MayorArena; motion carried un�nimously 5-0. Village Council Minutes June 12, 2014 Page 8 18. Council Appointment of Florida League of Cities Voting Delegate Clerk McWilliams noted that the appointment had been previously decided and the item had been completed. ANY OTHER MATTERS Council Member D'Ambra questioned the zoning designations surrounding Remembrance Park and suggested the property be enhanced before the considered sale. Manager Couzzo believed the property could be subdivided. Mayor Brennan suggested Nilsa Zacarias, Director of Community Development supply the information. Council Member Paterno asked for clarification regarding the CWA (Communications Workers of America) representative's comments during communication at tonight's meeting, regarding three agreements he felt were disregarded. Manager Couzzo responded that he was not certain what the representative was referring to. Council Member Paterno questioned the Village attorney regarding alternate options for Council members to inform one another (not intended for conversing) through email. He noted his feeling that emails directed through the Clerk's office were being detained by the Manager direction for his personal editing and were not directed on as requested. Attorney Davis stated, according to the Sunshine Law, a one way correspondence may be sent by Council members and was not a violation unless it was information concerning a foreseeable agenda item. Council Member Paterno voiced his opinion that there were large struggles departmentally. Mayor Brennan stated that the Manager and Finance director were in process of developing a plan to address existing issues. Ms. JoAnn Forsythe, Finance Director, confirmed that a conceptual plan was being developed by the Village Manager. Mayor Brennan suggested the scheduled workshop discuss the problems take place before moving forward. ADJOURNMENT Council Member Okun moved to adjourn the meeting, seconded by Vice - Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 8:10 p.m. Respectfully submitted, L 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 attachmen i the Village Clerk's office. y�