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HomeMy WebLinkAboutMinutes_Regular_04/09/2015 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING APRIL 9, 2015 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 Clerk Deanna Mayo. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Frank D'Ambra. Council Member Tom Paterno was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Frank D'Ambra led the meeting with the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member D'Ambra moved approval of the agenda; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. CONSENT AGENDA Assistant to the Clerk Mayo asked that the final page of item three be removed per request of Michelle Gload, Senior Accountant, finance department. Council Member Okun asked that items six through twelve be pulled for discussion. MOTION: Vice Mayor Arena moved approval of the following Consent Agenda as modified; seconded by Council Member D'Ambra; motion carried unanimously 4 -0. 1. MINUTES — None 2. Approval of Contracts Signed by Manager under $25,000 a. Palm Beach/Treasure Coast 211 Aff iliate N/A Agreement b. TLC Diversified Change Order No. 1 — Providing for $0 additional time for the WTP & Water Systems 3. Council Approval of Budget Amendments for FY 2014/2015 4. RESOLUTION 17 -15, AWARDING A CONTRACT TO ASI PAVING INCORPORATED IN THE AMOUNT OF $11,920.00 TO COMPLETE THE REPAIR OF CRACKED CONCRETE AROUND MANHOLES ON EASTWINDS CIRCLE Village Council Minutes April 9, 2015 Page 2 5. RESOLUTION 04-15, INCREASING THE FISCAL YEAR 2014/2015 LAW ENFORCEMENT TRUST FUND #605 BUDGET BY $70,000.00; APPROPRIATING FUND BALANCE AND INCREASING EXPENDITURES IN THAT AMOUNT TO PURCHASE EQUIPMENT 13. RESOLUTION 23 -15, AUTHORIZING THE EXPENDITURE OF $4,975.00 FROM THE LAW ENFORCEMENT TRUST FUND TO BE USED TO PURCHASE FOUR (4) AUTOMATIC EXTERNAL DEFIBRILLATORS FROM CARDIAC SCIENCE END OF CONSENT AGENDA 6. RESOLUTION 05 -15, AUTHORIZING THE EXPENDITURE OF $979.00 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF FIVE (5) TRAINING WEAPONS FROM SMART FIREARMS Attorney Davis read Resolution 05 -15 title into the record. Council Member Okun expressed his thoughts that funds had been committed to the Military-To- Main - Street (MTMS) initiative and that the Village was pulling back from completing the original intent by spending funds elsewhere. He stated that his concern was the Village would not benefit from the well trained, superb individuals acquired through the program. Manager Couuo and Ms. JoAnn Forsythe, Finance Director, noted figures associated with funds already spent on the MTMS venture along with future funding projections regarding hiring the candidates. Council Member D'Ambra stated his support for Council Member Okun's opinion but, reminded him that the item had been discussed thoroughly and, that the funds discussed on the present agenda were separate and, that Council had agreed to address the commitment, again, further into the budget cycle. Vice Mayor Arena quoted the figures offered by the Chief of approximately $75,000 per officer, per year. Mayor Brennan stated the MTMS item was not on the evening's agenda and asked Police Chief Elg to join Council at the next workshop regarding the item. Chief Elg agreed. M077ON. Council Member D'Ambra moved approval of Resolution 05 -15; Council Member Okun asked that it be tabled, Council Member D'Ambra requested his motion remain, seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed (he noted that his opposition was not toward the purchase of the individual items but, the non support of new hires produced by the Military-To- Main - Street initiative). Village Council Minutes April 9, 2015 Page 3 7. RESOLUTION 06 -15, AUTHORIZING THE EXPENDITURE OF $2,088.40 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF ONE (1) WEAPONS STORAGE CABINET FROM TSI Attorney Davis read Resolution 06 -15 title into the record. MOTION: Council Member D'Ambra moved approval of Resolution 06 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. 8. RESOLUTION 08 -15, AUTHORIZING THE EXPENDITURE OF $1,500.00 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF ONE (1) POWERFLARE TRAFFIC CONTROL KIT FROM PF DISTRIBUTION CENTER Attorney Davis read Resolution 08 -15 title into the record. MOTION. Council Member D'Ambra moved approval of Resolution 08 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. 9. RESOLUTION 09 -15, AUTHORIZING THE EXPENDITURE OF $8,310.00 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF TWENTY- FOUR (24) WEAPON UPPER RECEIVERS FROM TACTICAL TRAINING SOLUTIONS Attorney Davis read Resolution 09 -15 title into the record. MOTION: Council Member D'Ambra moved approval of Resolution 09 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. 10. RESOLUTION 20 -15, AUTHORIZING THE EXPENDITURE OF $29,132.50 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF ELEVEN (11) RADAR UNITS FROM STALKER RADAR ON STATE CONTRACT Attorney Davis read Resolution 20 -15 title into the record. MOTION: Council Member D'Ambra moved approval of Resolution 20 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. 11. RESOLUTION 21 -15, AUTHORIZING THE EXPENDITURE OF $13,972.08 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF FOUR (4) PORTABLE RADIOS FROM MOTOROLA SOLUTIONS Attorney Davis read Resolution 21 -15 title into the record. Village Council Minutes April 9, 2015 Page 4 MOTION: Council Member D'Ambra moved approval of Resolution 21 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. 12. RESOLUTION 22 -15, AUTHORIZING THE EXPENDITURE OF $3,400.00 FROM THE LAW ENFORCEMENT TRUST FUND AND APPROVING THE PURCHASE OF ONE (1) RADAR TRAFFIC RECORDER FROM JAMAR TECHNOLOGIES, INC. Attorney Davis read Resolution 22 -15 title into the record. Council Member D'Ambra questioned limitations placed on the law enforcement trust funds. Police Chief Elg explained that the funds where obtained through police seizures and held specific limitations along with Council approval. MOTION. Council Member D'Ambra moved approval of Resolution 22 -15; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Okun opposed. COMMUNICATIONS FROM CITIZENS Dottie Campbell, 30 Eastwinds Circle questioned upcoming repairs planned by the Village in her development, and asked if additional areas could be addressed on their aged concrete road. Manager Couzzo responded that the entire road had been evaluated and the budget currently would support repairing the cracked areas around the man holes. He agreed to send a letter regarding details of the project to Eastwinds HOA (Homeowners Association). Pastor Paul Beresford, Village Chaplain thanked everyone for their prayers during Mrs. Beresford recent health struggles and noted that they were relieved that reports showed better than originally contemplated. He then offered a brief update and success stories associated with Hannah's Home. COMMUNICATIONS FROM COUNCIL Congratulations were offered by Council Member's toward Greg Corbitt, Director of Parks and Recreation for an Easter Egg Hunt well done along and his assistance with the US1 revision project. STANDING REPORTS Village Attorney Attorney Davis noted that the most recent foreclosure proceedings continued and, that the issues at Tequesta Shoppes plaza would be addressed at the upcoming Special Magistrate. Village Manager Manager Couzzo offered updates on the following: • Recent MPO presentation offered by Village Mayor • AAF (all Aboard Florida) • Memorial tree for past Village Mayor, Col. Edward Resnick Village Council Minutes April 9, 2015 Page 5 • Water plant improvements • Budgetary activity • Property appraiser report due out May 1, 2015 • Park acquisition plans He noted his recent review regarding the budget which was within acceptable perimeters. Manager Couzzo recalled recent meetings with engineers and the deputy utility director regarding a utility rate consultant review and advised that a report would be prepared for Council shortly. He then noted an update on roadways and capital improvement plans would be available to Council in the next two weeks. REGULAR AGENDA OLD BUSINESS NONE NEW BUSINESS 14. VARIANCE 01 -15, Application from Beer City Craft Beer, Inc., d/b /a The Crafty Crust, for a Variance from the requirement of Sec. 78 -298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 973 +/- foot radius of any church, school or youth center, where Sec. 78 -298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. Attorney Davis stated items 14 and 15 were quasi judicial and swore in eight person present for the matters. He then asked Council for ex parte communications; there were none. Nilsa C. Zacarias, Director of Community Development offered details associated with the application. MOTION: Council Member D'Ambra moved approval of VAR 01 -15; seconded by Council Member Okun; motion carried unanimously 4 -0. 15. SPECIAL EXCEPTION USE — SEU 01 -15, Application from Pet Supermarket Inc. to be located at 229 North US Highway 1, Tequesta, FL 33469, for a Special Exception Use modification to raise the building's front elevation wall parapet from 17 ft. to 23 ft. pursuant to Sec. 78- 177(d)(14) Shopping Plazas and Div. 3. Special Exception Uses. Sec 78- 362(3). Applicability of the Village of Tequesta Code of Ordinances. Nilsa C. Zacarias, Director of Community Development noted that the application was for a minor modification and that it was according to the Village code. Village Council Minutes April 9, 2015 Page 6 Mike Steinbrook, 3383 Cove Road commented that residents supported Pet Supermarket although; he felt the plaza issues had existed for far too long. He suggested that new tenants be restricted in order to gain compliance with the hefty problem. Manager Couzzo confirmed that the issues had been long- lasting and explained that the code process was lengthy by nature. Attorney Davis advised that the plaza had cycled through multiple management companies which had made compliance more difficult. He then added that the Village code enforcement officer had multiple meetings set with plaza owners and representatives regarding the infractions and solutions, which also would be heard on the upcoming Special Magistrate agenda. Stefan Levine, 3380 Pebble Place voiced his frustrations with the lengthy concern and supported using new tenants as pawns for conformity. He felt the plaza had experienced no pressures to comply and, was why there had been no satisfactory improvements. Manager Couzzo clarified that the resident complaints were valid and again noted that the process would continue forward with the intent to achieve compliance. MOTION: Council Member Okun moved approval of SEU 01 -15; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 16. ORDINANCE 04-15, FIRST READING, AMENDING CHAPTER 66. SUBDIVISIONS. OF THE VILLAGE CODE OF ORDINANCES TO REFLECT CHANGES IN THE ADMINISTRATION AND COMPOSITION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT; SHIFTING RESPONSIBILITY FOR PROCESSING SUBDIVISION APPLICATIONS FROM THE BUILDING OFFICIAL TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AND REVISING THE TERMINOLOGY THROUGHOUT THIS CHAPTER ACCORDINGLY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66 Attorney Davis read Ordinance 04 -15 title into the record and offered a brief explanation. 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 04 -15; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. Village Council Minutes April 9, 2015 Page 7 ANY OTHER MATTERS Mayor Brennan confirmed that Police Chief Elg would attend the next Council workshop. Council Member D'Ambra suggested the Capital Improvement Plan be discussed at the next workshop regarding earmark of funds and a Splash Park. He voiced his opinion that this be accomplished before the summer season. Manager Couzzo voiced his concerns that clarity lacked and suggested involving Greg Corbitt in order to obtain a clearer picture and possible pricing. ADJOURNMENT Council Member Okun moved to adjourn the meeting, seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 4 -0, therefore, the meeting was adjourned at 7.•04 p.m. Respectfully submitted, Deanna Mayo, CMC Assistant to the 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. P�iPYa MINUTES VILLAGE OF TEQUESTA REGULAR MEETING MARCH 12, 2015 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:14 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. APPROVAL OF AGENDA MOTION. Vice Mayor Arena moved approval of the agenda; seconded by Council Member Okun; motion carried unanimously 5 -0. PROCLAMATIONS AND PRESENTATIONS 1. Proclamation Proclaiming March as "Irish American Heritage Month" in the Village 2. Public Safety Pension Board Presentation Ed Sabin, Pension Board Chair provided a review of the pension fund's current positive status, explained third party concerns and computer conversion difficulties. He noted a special meeting set for March 30 to address the opinion to seek RFP (request for proposal) in relation to alternate custodians. Council Member Paterno questioned funding particulars between fire and police funds. CONSENT AGENDA Council Member Paterno asked that items five and six be removed for discussion. MOTION. Council Member Okun moved approval of the following Consent Agenda as modified, with items five and six pulled, seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 3. MINUTES — 2/12/15 Regular Council Meeting 4. Approval of Contracts Signed by Manager under $25,000 a. Security 101 Proposal to install panic switches in $3,998.15 Council Chambers and Village Hall front counters b. WTP -TLC Diversified Field Order #1- Proposal for $6,483.00 unforeseen field conditions and improvements of existing conditions END OF CONSENT AGENDA Village Council Minutes March 12, 2015 Page 2 5. Council Approval of Budget Amendments Council Member Paterno expressed his support to be more aggressive with the placement of funds into savings whenever possible. He felt a stricter process regarding purchase timelines and expirations of fund utilization placed on approved budgetary items. MOTION: Council Member Paterno moved approval; seconded by Council Member Okun; motion carried unanimously 5 -0. 6. Revision of the Village's Nepotism and Ethics Training Policies Council Member Paterno voiced his opinion that nepotism should be applied more extensively and suggested family hiring be avoided. Ms. Merlene Reid, Human Resources Director, responded that hiring family was more an issue with full time positions than part time. Council Member D'Ambra supported the best qualified applicant hired without discriminating and suggested the policy remain as is. Council Member Okun felt the item should be discussed at a workshop. MOTION. Council Member Paterno moved approval; seconded by Council Member Okun; motion carried unanimously 5 -0. COMMUNICATIONS FROM CITIZENS Marcia Nielson, 94 Beechwood Trail asked if train horns had become louder and if a quiet zone could be implemented. Mayor Brennan responded that new train horns were louder, and the All Aboard Florida (AAF) proposal included quiet zones added as their responsibility in the project. Buddy Frezza, 366 W. Riverside Drive voiced his concern that the current US1 renovation plan invited bikes into a dangerous, busy route and suggested bikers be encouraged and guided to use Old Dixie. He recommended a trial plan set to test a safer traffic pattern for biking. Steve Oenbrink, 35 River Drive thanked Council for their letter to the FECR and encouraged a press release to promote placement of traffic counters and offer train schedules to residents. He felt the US1 and Alt Al intersection was extremely important along with Jupiter's plans and budget for their bridge (on US1) and, believed that the bridge could not be configured with three lanes. Mayor Brennan responded that she could speak with him on the subject one on one. COMMUNICATIONS FROM COUNCIL Mayor Brennan commented on the recent train stop which delayed EMS (Emergency Medical Services) help to an injured person approximately 47 minutes versus the normal five. Village Council Minutes March 12, 2015 Page 3 STANDING REPORTS Village Attorney Attorney Davis offered an update regarding 414 Cypress Drive and noted that he would continue with the foreclosure process. Village Manager Manager Couzzo offered updates on the following: • Water Plant improvements • Budget • Tequesta's recent casual visit from the Inspector General • Possible sign ordinance modification regarding US1 business signage He then thanked Merlene Reid, Human Resources Director for her role in hiring and training quality employees for the Village and, Lori McWilliams, Clerk for her contributions and efforts regarding communications of Village happenings. REGULAR AGENDA OLD BUSINESS 7. ORDINANCE 1 -15, SECOND READING (TABLED FROM FEBRUARY MEETING), AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO LIMIT OVERTIME INCLUDED IN THE DEFINITION OF "SALARY" TO 300 HOURS PER YEAR PER PUBLIC SAFETY EMPLOYEE; AND TO EXCLUDE ALL HOURS OF UNUSED ACCUMULATED SICK AND VACATION LEAVE EARNED AFTER THE RESPECTIVE EFFECTIVE DATE FOR EACH BARGAINING UNIT FROM THE DEFINITION OF "SALARY;" PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 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. Vice Mayor Arena questioned Village manager on Mr. Ray Giblin's (pension board member) sentiment on the ordinance. Manager Couzzo responded that, as far as he knew Mr. Giblin was fine with the verbiage as no one was affected. 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 1 -15; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. Village Council Minutes March 12, 2015 Page 4 NEW BUSINESS 8. VARIANCE 03 -14 TIME EXTENSION APPLICATION — Application of Domus Divino, Inc. 187 Tequesta Drive, Tequesta, FL 33469, Requesting a Time Extension to Variance 03 -14 that was Granted by Village Council on October 9, 2014. The Subject Variance will Expire on April 9, 2015. Nilsa Zacarias, Community Development Director noted details associated with the application, the extension and that the property had sold. George Gentile, President of Gentile Holloway O'Mahoney & Associates added that the recent activity regarding the sale of the property had made the time line tight, but work to open the new business continued and was steady. MOTION: Council Member Okun moved approval of Variance 03 -14; seconded by Council Member Paterno; motion carried unanimously 5 -0. 9. Approval of Interlocal Agreement between Palm Beach County and the Village of Tequesta for the Reimbursement of Emergency Medical Services (EMS) Grant Equipment There were no comments. MOTION. Council Member Okun moved approval; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 10. RESOLUTION 15 -15. INCREASING THE FISCAL YEAR 2014/2015 WATER UTILITY FUND #401 BUDGET BY $34,000.00; APPROPRIATING FUND BALANCE, INCREASING EXPENDITURES TO FUND A RATE STUDY IN THAT AMOUNT AND APPROVING A CONTRACT WITH THE VILLAGE'S RATE SPECIALIST, PUBLIC RESOURCES MANAGEMENT GROUP, INC. IN THAT AMOUNT TO PREPARE A UTILITY REVENUE SUFFICIENCY AND RATE ADEQUACY STUDY Attorney Davis read Resolution 15 -15 title into the record. Ms. JoAnn Forsythe, Finance Director, noted that she had been asked by Manager Couzzo, by request of Council to contact Mr. Rob Ori, President at Public Resources Management Group, Inc. for a utility revenue study to be performed. She explained that this was for calculations beyond five years along with funding options and that the updated study supplied a more detailed, comprehensive understanding. Council Member Paterno supported Mr. Ori's involvement and inquired if there were any foreseen, additional costs or requirements associated with the request. Village Council Minutes March 12, 2015 Page 5 Manager Couzzo explained that Mr. Ori's expertise was similar to a pension actuary; he utilized the Village's assumptions and offered rate structure for upcoming, necessary improvements. Manager Couzzo reminded Council that this study would be a guide that offered flexibility. Mr. Ori confirmed that Village staff would be involved in the process to capture and identify needs as well as suggestions which may benefit the Village. He noted that the Village had a very good debt to income ratio. Council Member Paterno voiced his concern that much homework was needed to create accurate assumptions. Manager Couzzo responded that analysis previously completed for capital items and equipment in the Village would also be utilized by Mr. Ori's during his research. MOTION: Council Member Okun moved approval of Resolution 15 -15, seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 11. RESOLUTION 16 -15, ADOPTING A REVISED LAND DEVELOPMENT FEE SCHEDULE AS PROVIDED BY SEC. 62 -181 OF THE VILLAGE CODE OF ORDINANCES; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL DURING REGULAR BUSINESS HOURS; PROVIDING FOR PUBLICATION OF THIS SCHEDULE OF FEES AND CHARGES IN APPENDIX D. OF THE VILLAGE'S CODE OF ORDINANCES Nilsa Zacarias, Community Development Director summarized the resolution. Council Member Paterno questioned details and voiced his feelings regarding fees. Ms. Zacarias stated that budget figures differed each year and costs were extremely low. She noted that developers were charged additional fees if and when costs were more than initial fees. Council Member Paterno voiced his concern that the Village did not charge applicants more than necessary. Council Member D'Ambra suggested the item be placed on a workshop. MOTION. Council Member D'Ambra moved to table Resolution 16 -15 with time certain of March 30, 2015 Workshop, seconded by Council Member Okun; motion carried unanimously 5 -0. 12. Council Appointment of Regular Member to the Public Safety Pension Board of Trustees for a Two -Year Term Ending March 12, 2017 (Replacing Robert Young) Clerk McWilliams offered details of the appointment and application received. Mr. Kyle Stone introduced himself. Council thanked Mr. Stone for his interest. MOTION: Council Member Okun moved approval; seconded by Vice Mayor Arena; motion Village Council Minutes March 12, 2015 Page 6 carried unanimously 5 -0. ANY OTHER MATTERS None ADJOURNMENT Council Member Okun moved to adjourn the meeting; seconded by Council Member Paterno. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 7:30 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. 41 1,; - --� - -