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HomeMy WebLinkAboutMinutes_Regular_09/10/2015 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING SEPTEMBER 10, 2015 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:27 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 Vice Mayor Arena led the meeting with the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA Council Member Paterno noted his desire to speak under Any Other Matters regarding code issues and the Jupiter Inlet Colony (JIC) Water Contract. MOTION Council Member Okun moved approval of the agenda; seconded by Council Member Paterno; motion carried unanimously 5 -0. PRESENTATION 1. Presentation by Rick Sartory, Executive Vice - President of the North Palm Beach Chamber of Commerce, Regarding their Branding Campaign and Chamber Sponsored Business Forum Rick Sartory offered information regarding their services offered for private and public use, and their intent to host a business forum. He expressed his optimism that Tequesta would support them with marketing initiatives. 2. Public Safety Employee Pension Board Presentation by Chair Ed Sabin Ed Sabin provided an overview on the current boards' status, and answered Council's questions. CONSENT AGENDA MOTION: Council Member D'Ambra moved approval of the following Consent Agenda with items five and eight removed for discussion, seconded by Council Member Paterno; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 9/10/15 Page 2 3. MINUTES: August 3, 2015 Workshop 4. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 6. RESOLUTION 71 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE WRITE -OFF OF UNCOLLECTABLE EMS TRANSPORT FEES RECORDED IN THE GENERAL FUND #001 OF THE VILLAGE OF TEQUESTA AND AS IDENTIFIED IN "EXHIBIT A ", REDUCING ALLOCATE TO FUND BALANCE TO FUND BAD DEBT EXPENSE AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 7. RESOLUTION 73 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AWARDING A ONE YEAR CONTRACT, EFFECTIVE OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016, TO SHEEHAN TURF CARE INC. OF JUPITER, FL FOR THE MAINTENANCE OF THE BALLFIELDS AT TEQUESTA PARK IN THE AMOUNT OF $30,000.00 9. Employment Agreement for Assistant Chief Donald "Rick" Ricciardi END OF CONSENT AGENDA 5. RESOLUTION 67 -15, 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 (EXHIBIT'A') Council Member Paterno suggested COP utilize the 2010 vehicle on the surplus list. Manager Couzzo responded that the police department voiced that the vehicle was not usable for them and stated he would look into it. MOTION: Council Member Okun moved approval of Resolution 67 -15, seconded by Council Member Paterno; motion carried unanimously 5 -0. 8. Fiscal Year 2014/2015 Budget Amendments Manager Couzzo explained the plan to purchase two vehicles and the current debate between purchase versus lease. He suggested tabling the item until Ms. Forsythe, Finance Director could be present to offer input. MOTION Council Member Okun moved to table the item until the finance director could add clarity; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 9/10/15 Page 3 COMMUNICATIONS FROM CITIZENS Sherry Barbero, Crafty Crust Owner expressed her gratitude to have a business in Tequesta and her plans to hold a special event. COMMUNICATIONS FROM COUNCIL Mayor Brennan offered an update regarding Florida East Coast (FEC) and All Aboard Florida (AAF). STANDING REPORTS Village Attorney Attorney Davis noted the latest progress regarding compliance issues with the Village Square, more pressuring options to obtain compliance, and that foreclosure was an option he would hold off on. He also stated that on his last few visits to Budget's problematic car lot it had been emptied of all trucks. Village Manager Manager Couzzo explained his concerns regarding utility infrastructure improvements in the JIC (Jupiter Inlet Colony) and changes that could save $360,000. He added that a re -bid could run the timeline too close, as commencement dates were specific in grant contingencies. A detailed discussion took place. The meeting recessed at 7:58 p.m., and reconvened at 8:10 p.m. Consensus of Council was to set a special meeting for the item on the September 17 REGULAR AGENDA OLD BUSINESS 10. ORDINANCE 17 -15, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. AT ARTICLE II. BUILDINGS. BY AMENDING SECTION 14 -32 TO INCORPORATE REVISIONS TO CHAPTER 1. ADMINISTRATION. OF THE FLORIDA BUILDING CODE; INCLUDING NEW STATUTORY LANGUAGE REGARDING PUBLIC SWIMMING POOLS, AND THE PROCESSING OF MODIFICATIONS TO DEVELOPMENT IN SPECIAL FLOOD HAZARD AREAS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS 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 Attorney Davis read Ordinance 17 -15 title into the record Mayor Brennan opened the public hearing to Council for comments; there being none Minutes — Regular Council Meeting 9/10/15 Page 4 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 17 -15, seconded by Council Member Okun; motion carried unanimously 5 -0. NEW BUSINESS 11. SEU 2 -15 Special Exception Use Modification - Brookdale Senior Living Inc. - Application from ALS North America Inc. /Brookdale Senior Living Inc. for a special exception use modification pursuant to Sec. 78 -180 (i) (8) Adult Congregate Living Facility (ACLF) to install one (1) monument sign, one (1) directional sign, one (1) security sign, one (1) stop sign, two (2) freestanding building identification signs, three (3) wall mounted welcome identification signs, and two (2) wall mounted private residential community -no trespassing -signs at building entrances. The application also includes landscape improvements at the base of freestanding signs and green screen around mechanical equipment on the west side of the existing buildings. The address of the proposed application is 205 -211 Village Boulevard, Tequesta, Florida, 33469. Attorney Davis stated that items 11, 12 and 13 were quasi judicial and swore in six persons present for the matters. He then asked Council for ex -parte communications; there were none. Attorney Davis reported that the Planning and Zoning Board had recommended approval of all three items. Nilsa C. Zacarias, Director of Community Development summarized the items and changes. MOTION: Council Member Okun moved approval of SEU 2 -15, seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 12. SPM 9 -15: Site Plan Modification. Brookdale Assisting Living Inc. - Application from ALS North America Inc. /Brookdale Senior Living Inc. for a site plan modification to install one (1) monument sign, one (1) directional sign, one (1) security sign, one (1) stop sign, two (2) freestanding building identification signs, three (3) wall mounted welcome identification signs, and two (2) wall mounted private residential community -no trespassing -signs at building entrances. The application also includes landscape improvements at the base of freestanding signs and green screen around mechanical equipment on the west side of the existing buildings. The address of the proposed application is 205 -211 Village Boulevard, Tequesta, Florida, 33469. MOTION: Council Member Okun moved approval of SPM 9 -15, seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 13. SEU 3 -15: Special Exception Use Modification - Bealls Outlet Stores, Inc. - Minutes — Regular Council Meeting 9/10/15 Page 5 Application from Bealls Outlet Stores, Inc., for a special exception use modification pursuant to Sec. 78 -177 (d) (14) Shopping Plazas., to modify their storefront by removing the existing recessed entry doors and adjacent windows and installing an automatic sliding door system and adjoining windows to be flush with the existing building fagade. The plaza owner is DDR Southeast Tequesta, LLC. The address of the proposed application is 151 North US Highway 1, Tequesta, Florida, 33469. MOTION: Council Member Okun moved approval of SEU 3 -15; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 14. ORDINANCE 19 -15, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2 -61. PENSION TRUST FUNDS, EXHIBIT B, THE PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, TO ADOPT REVISIONS REQUIRED BY THE TERMS OF IRS FAVORABLE DETERMINATION LETTER DATED MAY 11, 2015, KNOWN AS "GUST" REVISIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 19 -15 title into the record Vice Mayor Arena questioned the IRS calculations. Mayor Brennan opened the public hearing for public comments; there being none she closed the hearing. MOTION: Council Member Okun moved approval of Ordinance 19 -15 pending clarity on calculations to be received by the Village Attorney from the Pension Attorney; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 15. ORDINANCE 20 -15, FIRST READING, AN ORDINANCE OF THE VILLAGE Council OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2 -61. PENSION TRUST FUNDS, EXHIBIT B, THE PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, TO ADOPT REVISIONS REQUIRED BY THE TERMS OF IRS FAVORABLE DETERMINATION LETTER DATED MAY 11, 2015, KNOWN AS "EGTRRA" REVISIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN Minutes — Regular Council Meeting 9/10/15 Page 6 EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 20 -15 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 20 -15; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 16. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE BASED RECOGNITITION COMPENSATION AMOUNT FOR THE VILLAGE MANAGER FOR FISCAL YEAR 14/15 IN ACCORDANCE WITH SECTION 4. OF THE SECOND EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED AUGUST 5,2010; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Manager Couzzo exited the meeting. Attorney Davis read the Resolution by title and explained that Manager Couzzo had waived the review for the past two years. Council Member D'Ambra suggested the chosen compensation figure be split amongst the six department heads, and the Village Manager. Attorney Davis noted that the item was specific to the Manager, and Council had no direct supervision over department heads. Council Members Okun and Paterno offered job and salary details of the manager's position. Council Member Paterno noted leadership issues this past year. Council Member D'Ambra pointed out the Manager's four percent yearly increase, compared to staffs two percent. Vice Mayor Arena felt the Manager had saved the Village on staffing and financially, and deserved a bonus. Mayor Brennan felt he had foregone bonuses in the past, and covered two departments. She noted he had leadership quality issues this past, but appeared to worked it out Council Member Okun recapped many tasks which had been completed by the Manager during the year and voiced his support of the service offered, and suggested he receive $20,000. Vice Mayor Arena suggested the compensation be set closer to $10,000. Council Member D'Ambra suggested the Manager develop an item to generate a bonus plan for the leadership team each year as well as the manager's bonus, and offer for Council approval, as he felt the department heads were the team that really assisted the manager in his position. He confirmed that Manager Couzzo was well paid, and was expected to "manage the village ". He then suggested this year's bonus be set at $7,500. Council Member Paterno voiced his support for a shared bonus, and used $20,000 as an example, with $7,500 going to Manager Couzzo and the remaining $12,500 shared by Minutes — Regular Council Meeting 9/10/15 Page 7 the six leaders. MOTION: Council Member D'Ambra moved that Manager Couzzo's (PRC) Performance Recognition Compensation amount be set at $10,000.; seconded by Vice Mayor Arena, motion carried unanimously 5 -0. ANY OTHER MATTERS Council Member Paterno expressed his concern for the ongoing code violations and requested a workshop. Council agreed to hold a workshop for Code items with Code present. The meeting will be held in November during the day. Council Member Paterno stated he would like to address Jupiter Inlet Colony. 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 9.41 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.