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HomeMy WebLinkAboutMinutes_Regular_12/11/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING DECEMBER 11, 2014 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 Clerk Lori McWilliams. 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. *Items heard out of original sequence. PROCLAMATIONS 2. Presentation of Proceeds from the Chili Cook Off to be Presented to Honor Flight Mayor Brennan congratulated all persons on their success regarding the Chili Cook Off event. Dave McGovern, Firefighter, Paramedic, and Chili Cook Off coordinator offered a brief history of the occasion and its positive growth. He thanked all involved, offered a video and presented Mr. John Davison, Honor Flight Operations Coordinator a check in the amount of $30,000. Mr. Davison noted the importance of fund raisers and the meaning of the Honor Flight program to the WWII veterans and their families. Veterans in attendance were also recognized. 3. General Employee Pension Board Presentation A presentation was offered by board member Cary Levine. Mr. Levine offered updates regarding fund performance, allocations and recent advisory changes. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda, seconded by Vice Mayor Arena, motion carried unanimously 5 -0. Village Council Minutes December 11, 2014 Page 2 CONSENT AGENDA MOT /ON: Council Member Okun moved approval of the following Consent Agenda, seconded by Vice Mayor Arena, motion carried unanimously 5-0. 4. MINUTES – 11/13/14 Regular Council Meeting; 5. Approval of Contracts Signed by Manager under $25,000 a. FDG Flagler Station LLC and Village of Tequesta Real $3,351.00 Estate Lease, File # 281 -1 -2a 6. RESOLUTION 36 -14, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 10, 2015, AND IF NECESSARY, THE MUNICIPAL RUN -OFF ELECTION TO BE HELD TUESDAY, MARCH 24, 2015, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 2 AND 4 FOR TWO YEAR TERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES 7. Council Approval of Agreement for Vote Processing Equipment Use and Election Services between the Village of Tequesta and the Palm Beach County Supervisor of Elections 8. RESOLUTION 28 -14, AWARDING CONTRACT TO ALAN JAY FORD, FOR THE PURCHASE OF A 2015 FORD F -150 PICKUP TRUCK WITH FUNDS BUDGETED IN THE WATER DISTRIBUTION FUND #401 9. RESOLUTION 37 -14, AMENDING THE FISCAL YEAR 2014/2015 GENERAL FUND #001 BUDGET BY INCREASING REVENUES AND EXPENSES BY $26,390.00 TO RECOGNIZE REVENUES RECEIVED FROM A CODE ENFORCEMENT SETTLEMENT AND TO FUND THE ASPHALT OVERLAY OF WATERWAY ROAD 10. RESOLUTION 38 -14, Approval for ASI Paving Incorporated to Complete Asphalt Overlay of Roadway from U.S. Highway 1 to 72 Waterway Road in the Amount of $26,390.00. The Area is to Include the Portions within the Village Boundary and does not Include the Portion/ Half that was Recently Completed by the Waterway Homeowners Association 11. Council Approval of Budget Amendments for FY 2014 -2015 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Pastor Paul Beresford, First Baptist Church offered baked loaves and a wish for a Merry Christmas to Council and the Clerk. He thanked Council for their prayers for his daughter's illness and their continued support of Hannah's Home and noted the second Village Council Minutes December 11, 2014 Page 3 phase of Hannah's Home was underway. COMMUNICATIONS FROM COUNCIL Council Member Paterno offered a Merry Christmas and Gods grace on everyone. Council Member D'Ambra echoed the sentiments and thanked Parks & Recreation for a successful Tequesta Fest. Vice Mayor Arena mentioned several recent events and his gratitude. Mayor Brennan thanked staff and suggested they be released from the meeting. STANDING REPORTS Village Attorney Attorney Davis stated there was no advancement in the Inspector General litigation. Village Manager Manager Couzzo complimented Greg Corbitt, Parks Director and Fire Chief Weinand for their assistance on the recent water issue at the Tequesta Bridge. He also noted that Nilsa Zacarias, Planning and Zoning Director would meet with the owner of a vacant US 1 property regarding mixed use development. REGULAR AGENDA OLD BUSINESS 18. Update on Tequesta Park Non -Ad Valorem Sewer Assessment Ms. JoAnn Forsythe, Finance Director, explained the mandated assessment received from the State regarding sanitary systems and noted options for funding as the funds were not in the budget. Council agreed to place on December 29 Special Meeting agenda. 16. VAR 04 -14. Application of 2003 Tequesta Associates, LLC, 260 South US Highway One, Tequesta, FL 33469, for a Variance from Code Section 78 -741 (b) (1) (a) Technical Requirements, Signs on Buildings. The applicant is seeking approval to increase maximum allowable wall sign size from 60 sq. ft. to 78.7 sq. ft. on both South and East elevations Mayor Brenan noted the item was being heard out of order and was pulled from the New Business section of the agenda. Attorney Davis swore in three people in association with the variance, explained the new verbiage being added and asked Council for ex parte communications, there were none. Nilsa C. Zacarias, Director of Community Development offered a presentation and history associated with the item. Mark Brenchley, 2530 Citrus Tower Blvd., Clermont, Florida, representative for the Village Council Minutes December 11, 2014 Page 4 owners explained his perception that the Village's code held arbitrary guidelines and felt that presented a hardship. He commended Village staff for their knowledge and collaboration with the item and requested signage modifications. Mr. Brenchley explained that Minute Clinics were not at all CVS pharmacies and felt the signage was important to get the business known. Council and staff discussed options and existing CVS signage which already exceeded code. Mr. Brenchley withdrew the application. VAR 04 -14 was withdrawn. 12. ORDINANCE 24 -14, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. 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. Bonni Jensen, Pension Attorney pointed out the changes to the fund was intended to offer diversity for fixed income. Council Member Patemo voiced his opposition as he felt it was not a good idea to make changes based on the years most popular investments. Mayor Brennan opened the public hearing to the public; there being no public comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 24-14; seconded by Vice Mayor Arena; motion carried 4-1 with Council Member Patemo opposed 13. ORDINANCE 25 -14, SECOND 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. Council Member Patemo again voiced his opposition with the changes. 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 25-14; seconded by Council Member D'Ambra; motion carried 4-1 with Council Member Patemo opposed. Village Council Minutes December 11, 2014 Page 5 14. ORDINANCE 21 -14, SECOND 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 (1.5316) 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, FLORIDA STATUTES Attorney Davis read Ordinance 21 -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 Patemo moved approval of Ordinance 21 -14, seconded by Council Member Okun; motion carried unanimously 5-0. 15. ORDINANCE 22 -14, SECOND READING, 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 Attorney Davis read Ordinance 22 -14 title into the record. Vice Mayor Arena questioned notice requirements. Council Member Patemo asked of Chief Elg if Assistant Chief Ricciardi had looked into fines and fees. Manager Couzzo responded no. Mayor Brennan opened the public hearing to the public; there being no public comment the public hearing was closed. MOTION. Council Member Patemo moved approval of Ordinance 22 -14; seconded by Village Council Minutes December 11, 2014 Page 6 Council Member Okun; motion carried unanimously 5-0. NEW BUSINESS 17. ORDINANCE 26 -14, FIRST READING, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA, FLORIDA; WHICH PROPERTY CONSISTS OF ONE POINT FIVE THREE ONE SIX (1.5316) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 3774, 3764 AND 3754 COUNTY LINE ROAD; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF °R -2 MULTIPLE FAMILY DWELLING DISTRICT"; PROVIDING THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA SHALL BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS REAL PROPERTY Attorney Davis read Ordinance 26 -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 26-14; seconded by Council Member Patemo; motion carried unanimously 5-0. 19. Approval of Interim Firefighter Contract Template for Future Use Beginning 10/1/2015 to Include Healthcare Benefits and Educational Funding Pursuant to the Affordable Healthcare Act Fire Chief Weinand offered a brief explanation and history on the item and explained the educational and health aspects associated. He noted support of both benefits and recommended they be offered. Council Member Patemo voiced concern with insurance requirements for families and the costs associated. Chief Weinand stated it had become harder to fill the positions due to the job market and stated more data could be gathered before a final decision in January. Council Member D'Ambra felt it was important to offer both to hire and keep good employes. MOTION: Council Member D'Ambra moved approval of the item; seconded by Council Member Okun; motion carried 4-1 with Council Member Patemo dissenting. ANY OTHER MATTERS Council Member D'Ambra offered a handout and requested that Council compensation be adjusted as it had not been increased in 16 years and asked that the item be added to the January agenda. Attorney Davis responded that annual Council salary was fixed by Village Council Minutes December 11, 2014 Page 7 ordinance. Mayor Brennan explained the salary and hours associated with the positions and felt it was a good item to discuss. Clerk McWilliams responded that it would be added and noted the January workshop would be held December 29, 2014. Council Member Paterno voiced his feelings that no meeting should ever be cancelled unless three Council members were unable to attend. Mayor Brennan explained the reason for the recent cancellation was that she felt nothing was pressing on the agenda and, that workshops were not mandated. ADJOURNMENT Council Member Okun moved to adjourn the meeting, seconded by Council Member D'Ambra. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 7.49 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.