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HomeMy WebLinkAboutMinutes_Regular_04/10/2008MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES APRIL 10, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:09 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Calvin Turnquest, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Village Attorney Trela White, Jr., Village Clerk McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Vice-Mayor Turnquest followed by the pledge to the flag. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the Agenda as amended with Items 11 and 13 removed for discussion; seconded by Council Member Arena; motion carried by unanimous 5-0 vote. STANDING REPORTS • Village Attorney Village Attorney White invited Council to an Elected Official Seminar and provided a legal update on three cases that could affect the Village; Delray dog bite case, West Palm Beach initiative and referendum case, and Lake Worth's zoning and challenge of Comp Plan. • Village Manager Village Manager Couzzo provided an update on South Florida Water Management District (SFWMD) lowering the water restriction, the mast arm completion and requested an Executive Session for the PBA negotiations. PRESENTATIONS 81 PROCLAMATIONS 1. Proclamation declaring the month of April 2008 as "Water Conservation Month" in the Village of Tequesta Mayor Watkins read the Proclamation into the record. Minutes -Village Council Regular Meeting 4/10/08 Page 2 2. Presentation and Approval of Comprehensive Plan Consultants Agreement Resolution 12-08, Contract with Bell David Planning Group to make EAR based amendments to the Village Comp Plan Village Attorney White read Resolution 12-08 title into the record. MOTION: Council Member Humpage moved approval of Resolution 12-08; seconded by Vice-Mayor Turnquest; motion carried unanimously 5-0. 3. Presentation and Approval of CAFR Ms. Forsythe, Director of Finance summarized the report, which represented the Village's 206/2007 financial activities. Mr. Jerry Chiocca, Rachlin LLP, stated the Village was in good financial health and noted the Fund Balance had increased since 1997; he provided an in depth review of the report. 4. Update on Palm Beach County Fire Station 11 Mr. Couzzo, Village Manager, provided an update on his meeting with Palm Beach County and noted Council needed to meet with legal to review the options. MOTION: Council Member Humpage moved to hold a Special Council Meeting on April 30, 2008 at 5:30 p.m.; seconded by Council Member Paterno; motion carried unanimously 5-0. CONSENT AGENDA MOTION: Council Member Humpage moved to approve the following Consent Agenda as amended with the removal of Items 11 and 13; seconded by Council Member Paterno; motion carried unanimously 5-0. MINUTES 5. January 8, 2008 Memorial Committee Workshop 6. January 28, 2008 Special Meeting 7. March 5, 2008 Special Meeting 8. March 18, 2008 LPA Meeting 9. March 18, 2008 Regular Council Meeting Reorganization & Swearing In Minutes -Village Council Regular Meeting 4/10/08 Page 3 10. Council approval to incorporate the Village Memorial into the Village Green Fountain 11. Approval of Council Policy Procedures (REMOVED FROM CONSENT AGENDA) 12. Resolution 17-08 -Certification of the 2008 Election Results 13. Authorization to Lease Vehicle for Police Chief (REMOVED FROM CONSENT AGENDA) 14. Informational Item Only -Village Manager Approval of Budget Transfer Moving $9,775 out of Account #001-990-599.902, Contingency, and into Account #001- 120-546.320, Computer System Maintenance and Supplies for the Purchase of Laserfiche Weblink END OF CONSENT AGENDA 11. Approval of Council Policy Procedures MOTION: Council Member Humpage moved approval of Item 11; seconded by Council Arena; motion carried unanimously 4-1 with Council Member Patemo in dissent. 13. Authorization to Lease Vehicle for Police Chief MOTION: Council Member Humpage moved to approve the purchase of the vehicle and back out the balance of the monthly car allowance for the remainder of the fiscal year and pay the remaining balance from the Fund Balance; seconded by Council Member Arena; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS Mr. Russell VonFrank, 489 Dover Road, commented on Tequesta Bridge and the Senior Police Academy. Mr. Harold Taylor, 13 Chapel Court, commented on the bridge and provided handouts from various companies. Ms. Allison Fitts, 18710 SE Lakeside Way, asked Council to reconsider Ordinance 8-08 - Boarding of Animals so she could establish a pet resort. Minutes -Village Council Regular Meeting 4/10/08 Page 4 COMMUNICATIONS FROM COUNCIL Council Member Paterno commented on the South Florida Water Management District making the river a Manatee no wake zone and voiced opposition. He asked Council to take a position on this issue and the Village Manager agreed to provide information. Mr. Richard Berube, 4 Country Club Circle, commented on the history. Council Member Arena stated he, Mayor Watkins and Council Member Humpage attended the annual Beach Road Association Meeting, which Council was invited to each year, and Commissioner Marcus attended. Mayor Watkins stated she attended the Intergovernmental Meeting which is held to discuss North County issues. She complimented Clerk McWilliams and Brad Gomberg on the website improvements. She reminded Council the Senior Academy graduation would be held on Monday afternoon. REGULAR AGENDA OLD BUSINESS 15. Ordinance 4-08, Second Reading, Amending the Village of Tequesta Code of Ordinances at Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 1. Generally at Section 78-284. Walls and Fences. To provide for the construction and/or placement of certain entry or driveway features that exceed five feet in height forward of the front building line in certain circumstances; providing that each and every other section and sub-section of Chapter 78. Zoning. (First Reading 2/14/08) Village Attorney White read Ordinance 4-08 title into the record. Mayor Watkins opened the public hearing to the public. There being no public comments; she opened the hearing to the Council for comments. There being no Council comment, she closed the hearing. MOTION: Council Member Humpage moved approval of the Ordinance as amended with verbiage of "must be set back a minimum of ten feet from edge of road pavement or the lot side of any sidewalk and may not be located in the Village right of way" added; seconded by Council Member Paterno; motion carried unanimously 5-0. 16. Ordinance 5-08, Second Reading, Amending Chapter 22. Community Development. At Article II. Community Appearance. Division 1. Generally by Amending Section 22-31 to remove reference to the Community Appearance Board since that Board no longer exists; further amending Division 2. Planning and Zoning Advisory Board by amending this division at Sections 22-52, 22-55 Minutes -Village Council Regular Meeting 4/10/08 Page 5 and 22-56 to revise the authority, power and duties of the Planning and Zoning Advisory Board (First Reading 3/18/08) Village Attorney White read Ordinance 4-08 title into the record. Mayor Watkins opened the public hearing to the public. There being no public comments; she opened the hearing to the Council for comments. Vice-Mayor Turnquest pointed out the Ordinance title did not include the changes requested after first reading. MOTION: Vice-Mayor Turnquest moved to add sections 22-51, 22-54 and 22-57 to the Ordinance title; seconded by Council Member Humpage; motion carried unanimously 5-0. Mayor Watkins suggested the wording "final application approval" should be changed to "final decision of Council" on page six (6) in Section 22-57. Mayor Watkins closed the hearing. MOTION: Council Member Humpage moved to approve Ordinance 5-08 as amended with the wording on page (6) in Section 22-57 be changed from "final application approval" to "final decision of Council'; seconded by Vice-Mayor Turnquest; motion carried unanimously 5-0. 17. Ordinance 6-08, Second Reading, Amending Chapter 62. Planning and Development. At Article II. Local Planning Agency. By amending this article at Sections 62-32, 62-33 and 62-36 to revise the authority, power and duties of the Local Planning Agency in accordance with state law; and adopting an entirely new Section 62-37 to provide for notice requirements (First Reading 3/18/08) Village Attorney White read Ordinance 4-08 title into the record. Mayor Watkins opened the public hearing to the public. There being no public comments; she opened the hearing to the Council for comments. There being no Council comments, she closed the public hearing. MOTION: Council Member Humpage moved to approve Ordinance 6-08; seconded by Vice-Mayor Turnquest; motion carried unanimously 5-0. Minutes -Village Council Regular Meeting 4/10/08 Page 6 18. Ordinance 7-08, Second Reading, Amending Chapter 78. Zoning. At Article I. By eliminating the definition of Community Appearance Board, at Article III. Appeals and Variances. By Amending Section 78-62 through 78-67 To Provide for Revised Appellate Jurisdiction And Revised Notice Requirements; and at Article IX. Supplemental Regulations. Division 2. Site Plan Review. By Amending Sections 78-331 and 78-334 to Provide for Review by the Planning and Zoning Advisory Board and Revised Notice Requirements; and at Article IX. Supplemental Regulations. Division 3. Special Exception Uses. By Amending Section 78-368 to Provide Revised Notice Requirements; by amending Division 4. Landscaping. By Amending Section 78-393 to Delete Reference to the Community Appearance Board and At Article X at Section 78-705 to Revise Parking Requirements for Single Family Dwelling Units (First Reading 3/18/08) Village Attorney White read Ordinance 4-08 title into the record. Mayor Watkins opened the public hearing to the public. Mr. Richard Berube, 4 Country Club Drive, asked about the to the parking requirement change; Ms. Betty Nagy, Shay Place, asked about carports; and Harold Taylor, 13 Chapel Court, asked about homes that would not meet the Ordinance in their current state. There being no additional public comment, the hearing was opened for Council comment. Council Member Arena asked about sending the notice via certified mail. Vice-Mayor Turnquest pointed out the Ordinance title did not include the changes requested after first reading. Additionally, he asked that Village documents include non-gender wording. There being no additional comments, Mayor Watkins closed the hearing. MOTION: Vice-Mayor Turnquest moved to add sections 78-33, 78-367 and 78-369 to the Ordinance title and non-gender wording added or strike the gender specific wording, where appropriate; seconded by Council Member Humpage; motion carried unanimously 5-0. 19. Ordinance 9-08, Second Reading, Amending Exhibit "A" of Section 2-30 of the Code of Ordinances relating to the Employees' Pension Trust Funds; Amending Exhibit "A" to provide for the appointment of Trustees to the Board of Trustees (First Reading 3/18/08) Minutes -Village Council Regular Meeting 4/10/08 Page 7 Village Attorney White read Ordinance 9-08 title into the record. Mayor Watkins opened the public hearing to the public. There being no public comment, the hearing was opened for Council comment. Vice-Mayor Turnquest asked if it was required to have the employees elect the representative. Council Member Paterno questioned how it would be handled if no employees voted. Vice-Mayor Turnquest asked what percentage to win was required when employees voted. Council Member Paterno asked what the representative term was and what would happen if an employee decided to serve. There being no additional comments, Mayor Watkins closed the hearing. MOTION: Council Member Humpage moved approval of Ordinance 9-08; seconded by Council Member Arena; motion carried unanimously 5-0. NEW BUSINESS 20. Resolution 13-08, Finding that the Expenditure of Money in Support of the Proposed Amendment to the Palm Beach County Charter Serves a Public Purpose; Providing that the Dissemination of Information Concerning the Impacts of this Amendment on the Citizens of the County and the Village is Essential to the Health, Safety, Protection and Welfare of the Village and its Citizens Village Attorney White read Resolution 13-08 title into the record. MOTION: Vice-Mayor Turnquest moved approval of Resolution 13-08; seconded by Council Member Humpage; motion carried unanimously 5-0. 21. Resolution 18-08, Amending the 2007/2008 General Fund Budget by Appropriating $8,900.00 of Unreserved, Undesignated Fund Balance for the Purchase of a Thermal Imaging Camera for the Fire Department Village Attorney White read Resolution 18-08 title into the record. MOTION: Council Member Paterno moved approval of Resolution 18-08 taking the funds from the current year's budget rather than appropriating funds; seconded by Council Member Humpage for discussion. Item was discussed further. Council Member Humpage removed his second; therefore the motion failed for lack of a second. Minutes -Village Council Regular Meeting 4/10/08 Page 8 MOTION: Council Member Humpage moved approval of Resolution 18-08 as presented; seconded by Council Member Arena; motion carried unanimously 5-0. 22. Resolution 21-08, Amending the 2007/2008 General Fund Budget by Appropriating $10,466.00 of Unreserved, Undesignated Fund Balance for the Purchase of Mimosa Email Archive Management System Village Attorney White read Resolution 21-08 title into the record. MOTION: Vice-Mayor Turnquest moved approval of Resolution 21-08; seconded by Council Member Humpage; motion carried unanimously 5-0. 23. Resolution 20-08, Approval of One Year Extension Agreement with Rachlin LLP for Auditing Services Village Attorney White read Resolution 20-08 title into the record. MOTION: Council Member Humpage moved approval of Resolution 20-08; seconded by Council Member Paterno; motion carried unanimously 5-0. 24. Presentation and Update on Tequesta Utilities Mr. Jensen and Mr. Reese of Arcadis provided an update on the Utility Plant: 1.8 MGD constructed in 1983 and expanded in 1989, raw water supply from ten surficial wells, three ground storage tanks, supplemented demands with bulk water purchase from Jupiter and reduced amount to 1.35 MGD; R.O. WTP design in 1999, recent expansion completed in 2007 and acquired $1,000,000 in SFWMD Grant funds for expansions. 25. Presentation and Update on Water Rate Study Mr. Rob Ori, Public Resources Management Group, Inc., provided a Financial Forecast and Revenue Sufficiency Analysis report: purpose of the analysis, financial forecast overview, significant events affecting the utility system since the last forecast, monthly water production, major assumptions -customer statistics, major assumptions - revenue/expense projections, adequacy of existing rates, rate increase, debt service coverage, water rate design, proposed water rates, single family residential customer impact, rate comparison for 5/8 inch residential customer at 10,000 gallons per month, and annual indexing adjustment. Consensus of Council agreed each would contact the Village Manager to discuss rather than hold a workshop. Minutes -Village Council Regular Meeting 4/10/08 Page 9 Mayor Watkins suggested and Council agreed to move Item 29 forward on the agenda prior to Item 26 due to the late hour and the interested public in attendance. 29. Consideration and Possible Action on Appointment of Resident Bridge Committee Council Member Appointee Mayor Watkins Mary Hinton Vice-Mayor Turnquest Jim Mansfield Council Member Arena Pete Pimentel Council Member Humpage Michael Vaccaro Council Member Paterno Walter Downey 26. Authorizing Engineering Services Related to the Design and Permitting for the Addition of the Third R.O. Train within the Existing Water Plant MOTION: Council Member Humpage moved to approve authorizing the engineering services related to the design and permitting for the addition of the third R.O. Train within the existing water plant; seconded by Council Member Arena; motion carried unanimously 5-0. 27. Authorizing Engineering Services Related to Design, Permitting and Engineering Services during the Construction of the Replacement of a Portion of the Beach Road Water Main Extension and Authorizing Amending the Fiscal Year 2007/2008 Budget by Appropriating $5,500 of Undesignated, Unreserved Fund Balance MOTION: Council Member Humpage moved to approve Item 27 as amended authorizing Engineering Services related to design, permitting and engineering services during the construction of the replacement of a portion of the Beach Road Water Main Extension and authorizing the Village Manager to transfer the $57, 000 placed in surplus / remaining from the construction of the third R.O. Train as opposed to appropriating funds; seconded by Council Member Arena; motion carried 4-7 with Mayor Watkins dissenting. 28. Approval of Relocation of Utility Lines for Bridge MOTION: Council Member Humpage moved to approve the relocation of the utility lines for the bridge contingent on the agreement with ENCON; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes -Village Council Regular Meeting 4/10/08 Page 10 29. Consideration and Possible Action on Appointment of Resident Bridge Committee (MOVED TO FOLLOW ITEM 25) 30. Council designation of members to various governmental assemblies MOTION: Council Member Paterno moved to approve the designations as listed below; seconded by Vice-Mayor Turnquest; motion carried unanimously 5-0. Governmental Assembly Representative Alternate PBC League of Cities Calvin Turnquest All Council PB Countywide Coastal Council John H. Holton Jim Humpage Loxahatchee River Management Coordinating Council Vince Arena Susan Kennedy PBC Intergovernmental Coordination Program Tom Paterno Vince Arena Northern Palm Beaches Cultural Alliance Village Manager or designee Pat Watkins JTJB Chamber Pat Watkins Jim Humpage / Vince Arena Jupiter Inlet Workgroup Tom Paterno Vince Arena ANY OTHER MATTERS Council Member Paterno asked the Village Manager to make available at the next Council Meeting information regarding the manatee no wake zone. He asked how the public would be notified of water rate increases to which Attorney White explained a notice would be placed in the utility bills noticing the hearing. Mayor Watkins asked if Council wanted to readdress the animal boarding ordinance per Ms. Fitts request; Consensus of Council agreed not to readdress the Ordinance (Turnquest, Paterno and Humpage). Council Member Arena provided Clerk McWilliams a resident letter complimenting a Parks and Recreation employee and asked her to disseminate to Council. Minutes -Village Council Regular Meeting 4/10/08 Page 11 ADJOURNMENT MOTION: Council Member Humpage moved to adjourn, seconded by Council Member Arena, the motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 11:30 p.m. Respectfully submitted, B~ ~ C~~ ~p-~c-QrY~ Lori McWilliams, CMC Village Clerk