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HomeMy WebLinkAboutMinutes_Regular_11/13/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING NOVEMBER 13, 2014 r CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:00 p.m. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Paterno led the pledge of allegiance. Pastor Paul Beresford of First Baptist Church spoke of their successful Fall Festival and recalled a call received from the fire department recently and the sadness associated with the incident. Pastor Paul then offered the invocation. PROCLAMATIONS 1. A Proclamation of the Village of Tequesta Proclaiming December 1, 2014 as World AIDS Day in Tequesta Mayor Brennan welcomed Mr. Laurence Osband, Prevention Planning Partnership Chair and presented him with the proclamation. Mr. Osband offered local statistics and encouraged awareness. APPROVAL OF AGENDA MOTION: Council Member D'Ambra moved to approve the agenda with items four and five pulled for discussion; seconded by Council Member Okun; motion carried unanimously 5 -0. CONSENT AGENDA MOTION: Vice Mayor Arena moved approval of the Consent Agenda with items four and five removed; seconded by Council Member Paterno; motion carried unanimously 5 -0. 2. MINUTES — 9/18/14 Special Meeting (2 Budget Hearing); 9/18/14 Special Meeting, 9/29/14 Workshop; 10/09/14 Regular; and 10/24/14 Special 3. Approval of Contracts Signed by Manager under $25,000 a. Betty Laur and the Village of Tequesta Contractual Agreement increasing her fee by 2% resulting in an hourly pay of $36.39. b. ComLog 1 year Warranty Service Agreement Contract $2,889.00 c. Gehring Group Business Associates Agreement $0 d. Gehring Group Confidentiality Agreement $0 e. MCCI, LLC and the Village of Tequesta Legislative Management $16,000.00 Software 3 Year Agreement f. Miracle Recreation Equipment Company Contract to replace non- $3,552.46 Village Council Minutes November 13, 2014 Page 2 warranty equipment g. Miracle Recreation Equipment Company Contract to replace $0 warranty equipment h. REP Services Inc. Proposal to purchase recreation equipment $1,481.22 6. Approval of the Ratified PBA Three (3) Year Contract for the Period 2013 -2016 7. RESOLUTION 30 -14, AMENDING THE GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST ADOPTION AGREEMENT FOR CERTIFIED POLICE DEPARTMENT EMPLOYEES 8. RESOLUTION 31 -14 AWARDING A CONTRACT TO PROFESSIONAL PIPING SERVICES, INC. FOR PIPE CLEANING SERVICES WITH FUNDS BUDGETED IN THE WATER UTILITY FUND #401 9. RESOLUTION 32 -14 APPROVING A ONE YEAR (1) PROPOSAL FROM SHEEHAN TURF CARE INC. OF JUPITER, FL FOR THE MAINTENANCE OF THE BALL FIELDS AT TEQUESTA PARK IN THE AMOUNT OF $30,000.00 10. RESOLUTION 33 -14, AWARDING A CONTRACT TO ALAN JAY FLEET SALES FOR THE PURCHASE OF A 2015 FORD F-450 WITH FUNDS BUDGETED IN THE WATER UTILITY FUND #401 11. RESOLUTION 34 -14, AUTHORIZING PIGGYBACKING THE CONTRACT BETWEEN ODYSSEY MANUFACTURING COMPANY AND THE CITY OF PLANTATION FOR THE PURCHASE OF SODIUM HYPOCHLORITE AT THE PRICE OF $0.67 PER GALLON 12. Council Approval of a Interim Employment Agreement for Firefighter Jarrett Monde for the Period of 11/13/14 through 9130115 END OF CONSENT AGENDA 4. RESOLUTION 29 -14. Amending and Increasing the 2014/2015 General Fund #001 Budget by $13,600.00 and Water Fund #401 Budget by $324,443.00 to Fund the Completion of Projects that were Approved and Funded but not Completed in the Budget Year Ending 9/30/2014 and Expect to be Completed In Budget Year Ending 9/30/2015 Attorney Davis offered clarification regarding a scrivener's error in the item and noted that the amount Council would approve was $409,133.00 and not $324,443.00. Council Member Patemo questioned the completion dates of previously budgeted items. Manager Couzzo explained that some projects budgeted within the year had been held up but would be completed in the near future. Nate Litteral, Water Plant Superintendent explained that Village Council Minutes November 13, 2014 Page 3 fabricated components had to be corrected for compatibility and the invoice had not been received by the plant. MOTION: Council Member Patemo moved approval of Resolution 29-94, seconded by Council Member Okun; motion carried unanimously 5-0. 5. Council Approval of Budget Amendments for FY 201312014, Prepared by the Finance Department at the Year End to Fund Negative Accounts Manager Couzzo explained that the item offered balancing / housekeeping to the budget. Council Member Patemo questioned numerous transfers and legal costs. Manager Couzzo responded that existing legal cases approached closure, and he felt legal opinions were being sought unnecessarily. Ms. JoAnn Forsythe, Finance Director, stated that inter - department transfers had been allowed to offer flexibility to department heads. MOTION: Council Member D'Ambra moved approval, seconded by Vice Mayor Arena; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, voiced his feeling regarding some neighbors he believed where in violation of the Village code. Manager Couzzo responded that he would have code enforcement check the addresses. COMMUNICATIONS FROM COUNCIL • Council Member D'Ambra offered an update regarding the US1 project. • Vice Mayor Arena commented on the success of recent events and offered insight on the Village budget. • Mayor Brennan echoed praise for recent Village events and noted that management from Marshalls and Home Goods offered positive comments regarding the area and its residents. She also noted the success of the Chili Cook Off and that a presentation would be held at the December Council meeting. Mayor Brennan spoke about the importance of a train trestle in conjunction with projected traffic from All Aboard Florida (AAF) and, that the Coast Guard would speak on the subject tomorrow. She noted that Mr. George Gentile, Jupiter Inlet District Chair was in attendance and also had pertinent information to offer regarding the AAF project, the boat traffic and the aged trestle. STANDING REPORTS Villace Attorney Attorney Keith Davis stated that a decision in the Inspector General funding litigation case ruling had not been adjudicated. He also noted that Amendment Two did not pass during the November election, but believed it would return in 2015 legislative session. Village Marian Manager Couzzo thanked Council for their congratulations regarding his daughter's wedding. Council Member Patemo questioned the police budget regarding forfeiture funds and vehicle Village Council Minutes November 13, 2014 Page 4 purchases for the police department and if a budget adjustment was necessary. Manager Couzzo noted that he, Chief Elg and Attorney Davis had explored the Village's options with the Department of The Treasurer and would have a determination soon. REGULAR AGENDA OLD BUSINESS 13. ORDINANCE 19 -14, SECOND READING, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 1.7934 ACRES, MORE OR LESS, LOCATED AT 3774, 3764, AND 3754 COUNTY LINE ROAD, AS WELL AS THE ADJACENT SOUTHERLY HALF OF COUNTY LINE ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE SUBJECT PARCELS ARE HEREBY ANNEXED PURSUANT TO SEC. 171.044, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION Attorney Davis read Ordinance 19 -14 title into the record. Mayor Brennan opened the public hearing. Council Member D'Ambra questioned the property division and road re- surfacing responsibilities. Attorney Davis responded that the County would not relinquish their maintenance responsibilities. Mayor Brennan opened the hearing to the public; there being no public comment the hearing was closed. MOTION. Council Member Okun moved approval of Ordinance 19 -14, seconded by Council Member D'Ambra; motion carried unanimously 5-0. NEW BUSINESS 14. ORDINANCE 24 -14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE Ill. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE GENERAL EMPLOYEES' PENSION PLAN TO AMEND THE FINANCE AND FUND MANAGEMENT PROVISION REGARDING INVESTMENTS IN REAL ESTATE Attorney Davis read Ordinance 24 -14 title into the record. Council Member D'Ambra voiced his concern with the liquidity aspect of the proposed investment change and offered his expertise. Village Council Minutes November 13, 2014 Page 5 Bonni Jensen, Pension Attorney, representative for both boards and their requested proposal noted the change came from the boards desire to replace bonds and from the plans investment consultant. She presented a detailed presentation regarding the proposal and noted that the boards felt the core real- estate (proposed) would offer diversification and higher returns than they believed bonds would continue to generate. She explained the product was income driven by quality rental properties and, had a historical makeup which offered stability, quarterly liquidity and met the benchmark guidelines. Ms Jensen noted that historically bonds fell once interest rates rose. Mayor Brennan questioned if Council would like specific changes before second reading and stated she was comfortable with the concept. Council Member Patemo voiced his feelings regarding the change and, the funds present performance. He felt high expectations were being placed on the proposed real estate investments, which could be risky and suggested that Council be surveyed for input by the boards when change was desired in the future. Council Member Patemo recommended goals be specified and parameters be placed on the new investment before moving forward. Ms. Jensen responded that constraints to coincide with the National Council of Real Estate Investment Fiduciaries- Open -End Diversified Core Index (NCREIF -ODCE) could be specified. Attorney Davis stated that modification would not change the intent or the title of the ordinance. Mayor Brennan opened the hearing to the public; there being no public comment the hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 24-14; seconded by Council Member D'Ambra and amended for the fund to participate in the National Council of Real Estate Investment Fiduciaries- Open -End Diversified Core Index (NCREIF- ODCE'; motion carried unanimously 5-0. 15. ORDINANCE 25 -14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY OFFICERS' PENSION PLAN TO AMEND THE FINANCE AND FUND MANAGEMENT PROVISION REGARDING INVESTMENTS IN REAL ESTATE Attorney Davis read Ordinance 25 -14 title into the record and explained that this ordinance applied to the public safety pension plan as discussed in the previous item regarding changes to the existing investment guidelines. 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 25-14; seconded by Council Village Council Minutes November 13, 2014 Page 6 Member D'Ambra and amended for the fund to participate in the National Council of Real Estate Investment Fiduciaries- Open -End Diversified Core Index (NCREIF- ODCE); motion carried unanimously 5-0. 16. ORDINANCE 21 -14, FIRST READING, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET. SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED AMENDMENT NO. LUPA 1 -14 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING ONE POINT FIVE THREE ONE SIX (1,6316) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 3774, 3764 AND 3754 COUNTY LINE ROAD, AS "MEDIUM DENSITY RESIDENTIAL "; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163 Attorney Davis read Ordinance 21 -14 title into the record. Nilsa C. Zacarias, Director of Community Development noted that the Village's Future Land Use and Zoning maps would be updated following the adoption of Ordinance 21 -14 and, would be made available for staff and residential use. Mayor Brennan opened the public hearing to the public; there being no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 21 -14: seconded by Council Member D'Ambra, motion carried unanimously 5-0. 17. REQUEST FOR RE -PLAT — Application of Mr. Frank J. Sr. Broedell and Frank J. Sr. Trust, 19 and 23 Country Club Circle, Tequesta, FL 33469 Nilsa C. Zacarias, Director of Community Development explained the application and accompanying request. Mayor Brennan asked if the change complied with Village code. Ms. Zacarias responded that it did. MOTION; Council Member Okun moved approval of the re -plat seconded by Vice Mayor Arena, motion carried unanimously 5-0. 18. RESOLUTION 26 -14, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, STRONGLY OBJECTING TO RECENT ACTION TAKEN BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO WITHDRAW PALM BEACH COUNTY FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL AND TO REQUEST MEMBERSHIP IN THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL INSTEAD; AND STRONGLY SUPPORTING THE COUNTY'S CONTINUED MEMBERSHIP IN THE TREASURE COAST REGIONAL PLANNING COUNCIL Attorney Davis read Resolution 26 -14 title into the record. Village Council Minutes November 13, 2014 Page 7 Mayor Brennan noted local meetings and local consensus supporting the objection and opened the hearing to the public; there being no public comment the public hearing was closed. MOTION. Council Member Okun moved approval of Resolution 26-14, seconded by Council Member Paterno, motion carried unanimously 5-0. 19. ORDINANCE 20 -14, FIRST READING. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING INFRASTRUCTURE ELEMENT, POTABLE WATER SUBELEMENT, AND THE CONSERVATION ELEMENT OF ITS COMPREHENSIVE DEVELOPMENT PLAN TO ADOPT AN UPDATED TEN YEAR WATER SUPPLY FACILITIES WORK PLAN IN ACCORDANCE WITH SECTION 163.3177, FLORIDA STATUTES; PROVIDING THAT THE TEXT, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY Attorney Davis read Ordinance 20 -14 title into the record and offered a brief history on the revisions. Nilsa C. Zacarias, Director of Community Development offered clarification and noted deadlines and changes within the Village's Comprehensive Plan. Mr. Tom Jensen, Arc adis Consultant explained the process and their analysis, necessary improvements and the estimated costs associated. Council offered their input and reminded Mr. Jensen that they had not supported a turn lane on Tequesta Drive at Country Club Drive. Mr. Jensen responded that the lane would be removed from the plan. Council discussed funding and budgetary aspects related to the item. Manager Couzzo offered clarity regarding alternate projects, pipe replacements and time lines. He stated he would forward figures to Council. Council Member Paterno questioned if the Village rates would need to be raised to bring in extra revenue to cover costs. Manager Couzzo responded that the option would need to be explored, that the Water Fund was healthy and the million dollars estimate excluded pipe. Mr. Jensen spoke about the age of the plant and explained that water finds the weakest point in piping and, it was not meant to be moved once the pipe was in place. He suggested the Village begin a plan for the aged infrastructure. Mayor Brennan opened the hearing for public comments; there being none she closed the hearing. MOTION: Council Member Okun moved approval of Ordinance 20-14; seconded by Vice Mayor Arena, motion carried unanimously 5-0. Village Council Minutes November 13, 2014 Page 8 20. ORDINANCE 22 -14 FIRST READING. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT ARTICLE I. IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION 46 -3. "COMMERCIAL VEHICLES; CONTRACTOR NUMBER.° TO REQUIRE COMMERCIAL VEHICLES CONDUCTING BUSINESS WITHIN THE VILLAGE TO DISPLAY THE APPLICABLE CONTRACTOR LICENSE NUMBERS OF THE CONTRACTOR ON THE VEHICLE; AND AT ARTICLE III. PARKING, STOPPING OR STANDING. DIVISION 1. GENERALLY. BY UPDATING AND REVISING REGULATIONS FOR UNLAWFUL PARKING THROUGHOUT THE VILLAGE, AND PROVIDING FOR TOWING AND IMPOUNDMENT UNDER CERTAIN CIRCUMSTANCES; AND BY CREATING AN ENTIRELY NEW DIVISION 3. TO PROVIDE PROCEDURES AND NOTICE REQUIREMENTS FOR TOWING AND IMPOUNDING ILLEGALLY PARKED VEHICLES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46 Attorney Davis read Ordinance 22 -14 title into the record. Council Member D'Ambra felt the ordinance read as all parking on Tequesta Drive was illegal and felt it too restrictive. Attorney Davis explained that the Police Chief had requested the wording but that it could be removed. Council Member Patemo voiced his feelings regarding parking ticket fees. Assistant Chief Rick Ricciardi agreed that the fees were not in order and suggested research be performed to bring the fees in line with surrounding areas. He then responded to Vice Mayor Arena's suggestion to increase fees to an individual on their second infraction, and stated that would make book keeping difficult. Chief Ricciardi pointed out that illegal parking calls were received nightly. Manager Couzzo noted that the new language offered needed clarification for addressing problem vehicles. Mayor Brennan questioned problem vehicles on private property. Assistant Chief Ricciardi stated that the Village was limited on approaching residents regarding their personal property and that towing could only be made on public properties where issues existed. He noted that the department alternated use of local towing companies when towing was required. Mayor Brennan opened the public hearing to the public; there being no public comment the public hearing was closed. NOTION: Council Member Okun moved approval of Ordinance 22 -14; seconded by Council Member Patemo; motion carried unanimously 5-0. ANY OTHER MATTERS Mayor Brennan updated Manager Couzzo that Council had met with the Treasure Coast Regional Planning Council (TCRPC) recently (while he was on leave) and decided to move forward with utilizing their services regarding to the US1 project and confirmed that he would be overseeing the progress. Village Council Minutes November 13, 2014 Page 9 ADJOURNMENT Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjoum carried unanimously 5 -0; therefore, the meeting was adjourned at T p.m. Respectfully submitted, Deanna Mayo, CMC 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.