Loading...
HomeMy WebLinkAboutMinutes_Regular_11/12/2015 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING November 12, 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 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 The Very Reverend Charles Notabartolo led the meeting with the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION Council Member Okun moved approval of the agenda as amended; seconded by Council Member Arena; motion carried unanimously 5 -0. PRESENTATION 1. Presentation of Ceremonial Check in the Amount of $50,000 by Scott Duncan representing the Department of Environmental Protection (DEP) for the Florida Recreation Development Assistance Program (FRDAP) Grant. Director of Parks and Recreation, Greg Corbit, graciously accepted the generous donation and expressed his sincere thanks on behalf of the Village of Tequesta. 2. A report on the Operation and Business of the Village of Tequesta for Fiscal Year ending September 30, 2015. Jody Forsythe, Director of Finance, provided a summary of the year end budget with in depth explanation on the fund increases and decreases and noted staff had kept close to the budget. Mayor Brennan stated that she did not need to use the approved appropriation as a reason to celebrate and thanked everyone for their diligence. She also thanked Jody for her great record keeping. CONSENT AGENDA MOTION Council Member Okun moved approval of the following Consent Agenda with items seven, nine and seventeen removed for discussion, seconded by Council Member Arena; motion carried unanimously 5 -0 3. Minutes: 8/20/15 Workshop, 8/31 Workshop, 9/10/15 Special Budget; 10/5/15 Workshop, 10/8/15 Workshop, and 10/22/15 Special Minutes — Regular Council Meeting 11/12/15 Page 2 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): Coast Pump Quote -WTP Down Hole Camera - $5,143.00; Latino Election Advertising Agreement - $528.00; Evoqua Water Technologies Hydrogen Peroxide Tank Lease -WTP - $9,000.00; Rood Landscape Contract - WTPTreeTrimming & Vegetation Removal Services - $11,975.00; Security 101 Agreement -WTP Security Cameras - $8,247.43 5. Approval of Three (3) Year Interim Firefighter Contract for Evan Solensky commencing on November 12, 2015 and expiring on November 12, 2018 6. Approval of Three (3) Year Interim Firefighter Contract for Zachary Wichert commencing on November 13, 2015 and ending on November 13, 2018. 8. Approval of FRDAP (Florida Recreation Development Assistance Program) Grant Agreement in the Amount of $50,000 10. Approval of Agreement for Vote Processing Equipment Use and Election Services withthe Palm Beach County Supervisor of Elections Office and the Village of Tequesta 11. RESOLUTION 87 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 16, 2016, AND IF NECESSARY, THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FORTWOYEARTERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR OFELECTIONS CONDUCT THE ELECTION; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD 12. RESOLUTION 88 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THECONTRACT BETWEEN BRENNTAG MID - SOUTH, INC AND ORANGE COUNTYFOR THE PURCHASE OF LIQUID CAUSTIC SODA 50% 13. RESOLUTION 89 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE CONTRACT BETWEEN SHRIEVE CHEMICALS, INC. AND THE TOWN OFJUPITERFOR THE PURCHASE OF SULFURIC ACID 14. RESOLUTION 90 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THECONTRACT BETWEEN AMERICAN WATER CHEMICALS, INC. AND THE TOWNOF JUPITER FOR THE PURCHASE OF ANTISCALANT Minutes — Regular Council Meeting 11/12/15 Page 3 15. RESOLUTION 92 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, FLORIDA, AMENDING AND INCREASING THE 2015 /2016GENERAL FUND #001 BUDGET BY $10,978.00, THE 2015/2016 CAPITALIMPROVEMENT FUND #301 BUDGET BY $8,000.00 AND THE 2015/2016 WATERFUND #401 BUDGET BY $111,117.00 BY AMENDING EXPENDITURES ASSPECIFIED IN THE ATTACHED "SCHEDULE A" PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 16. REMOVED FROM AGENDA BY MANAGER RESOLUTION 93 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, FLORIDA, APPROVING THE PURCHASE OF 14 METALHALIDE PATHWAY POLE LIGHTS FROM REXEL IN THE AMOUNT OF $28,457.50 18. RESOLUTION 95 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, APPROVING NETAPP MAINTENANCE AND SUPPORTRENEWAL 2016 -2017 IN THE AMOUNT OF $37,065; PROVIDING FOR ANEFFECTIVE DATE; AND FOR OTHER PURPOSES 19. RESOLUTION 96 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, APPROVING THE PURCHASE OF MICROSOFT OFFICE2016 IN THE AMOUNT OF $31,515.30; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES END OF CONSENT AGENDA 7. Approval of the Memorandum of Understanding (MOU) for a one -time amendment to Article 21 (Promotion) of the PBA Contract Council Member Arena questioned why no one was passing the police department test. Chief Elg recommended a different style of test, and explained the department had previously been limited to book style tests, but was now interested in implementing an "in- basket test ", for hands- on managerial testing. Chief Elg explained that if no one passed, then he would look outside the agency for candidates. He mentioned that he was looking for two sergeants and had already budgeted for the positions. Council Member Paterno asked what would happen should the resolution not be approved. Chief Elg replied that someone who did not pass or take the test would be promoted. An outside company would grade the test, at a cost, and would be responsible for training staff. Council Member D'Ambra voiced concern regarding the officers not passing the book style test. He further mentioned that if this was a better assessment method, then we should not revert back to the old test. Chief Elg agreed and would discuss this matter in the next negotiations. Council Member Okun complimented the Chief on attempting to enhance the quality of the department and for his focus on good judgment. Council Member Paterno agreed but still felt that text book knowledge was important. He stated that he was hesitant and suggested using both tests. Chief Elg reassured Council that this assessment would require the officers to have the necessary knowledge in order to backup their decisions. He preferred to capture decision making skills versus memorization. Mayor Brennan felt this was a Minutes — Regular Council Meeting 11/12/15 Page 4 balanced approach recognizing strengths in all areas. Council Member Arena supported this approach. MOTION Council Member Okun moved approval of the Memorandum of Understanding for a one -time amendment to Article 21 (Promotion) of the PBA Contracts, seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 9. Council Approval of Island Time Productions Service Agreement for Tequesta Fest 2015 Vice -Mayor Arena inquired about the time of the Tequesta Fest event and the increased cost, mentioning that it increased from $45,000 last year to $49,000 this year. Greg Corbit, Parks and Recreation Director, answered by stating that the Village was extending the festival by one hour, thereby ending at 6 pm. The extra hour brought the cost up to $49,000. MOTION Vice Mayor Arena moved approval of Island Time Productions Service Agreement for Tequesta Fest 2015, seconded by Council Member Okun, motion carried unanimously 5 -0. 17. RESOLUTION 94 -15, A RESOLUTION OF THE VILLAGE COUNCIL OF THEVILLAGE OF TEQUESTA, FLORIDA, AWARDING A THREE YEAR (3) CONTRACTTO TERRACON SERVICES INC. FOR THE MOWING AND MAINTENANCE OFVILLAGE RIGHT OF WAYS IN THE AMOUNT OF $148,620.00 Attorney Davis read Resolution 94 -15 title into the record. Council Member Paterno asked to put in parenthesis that it was $49,539.96 per year. MOTION Council Member Patemo moved approval of Resolution 94 -15 as amended, seconded by Council Member D'Ambra; motion carried unanimously 5 -0. COMMUNICATIONS FROM CITIZENS Lou Dowler, of 394 Norfolk Avenue, voiced concern with regard to cars speeding down the street and stated that he had not seen anyone pulled over. Manager Couzzo replied that he would check with Chief Elg regarding the history, who would resonate the issue down to his patrol officers. Harold Taylor, of 13 Chapel Court, addressed code enforcement issues on his street; he commented on the need for a minimum fence height and not just a maximum. He mentioned that there should not be a maximum on hedges, only screens. He further added that there should be a code regarding grass /weed height and on how people maintain their yards. Manager Couzzo spoke with the building official and stated the fence height code was six feet. In regards to the grass and weed height, he stated that the Village Magistrate gives the authority to address property maintenance. Council Member Paterno added that pursuant to the new code, there was a stipulation for an eight foot gate. COMMUNICATIONS FROM COUNCIL Minutes — Regular Council Meeting 11/12/15 Page 5 Council Member Paterno commented on the Jupiter Inlet Colony agreement on the agenda. He reported that the engineer gave the Village a price and that our current contract was higher by approximately $150,000. He commended Manager Couzzo on a job well done, in negotiating the contract price down to $1.42 million from the previous price of $1.6 million. Council Member Paterno further recognized that Manager Couzzo saved the residents a sizable amount of money and felt he did a great job. Council Member D'Ambra thanked Manager Couzzo and Greg Corbit, for extending the hours of this year's Tequesta Fest. Council Member Arena reported that the Business Forum met this month and discussed the possibility of a sign day, open village day, business area at Tequesta Fest, and summer camp goodie bags. He commented that the Food Truck Invasion event was a wonderful family social event. He added that other highly successful events were the Baptist Church Fall Festival, Chili Cook -Off and upcoming Tequesta Fest, along with Run 4 the Pies. Mayor Brennan mentioned that it had been a trying October with the loss of former Mayors Dottie Campbell and Jim Humpage. She thanked Pastor Paul, and his daughter, Kimberly, from the First Baptist Church of Tequesta, for a beautiful "Celebration of Life" ceremony. Mayor Brennan noted that next month the proceeds from the Chili Cook -Off would be awarded to four charities. STANDING REPORTS Village Attorney Attorney Davis reported on the foreclosure case of Tequesta vs. Thomas. The court denied Mr. Thomas' motion to dismiss but did allow him until December 5, 2015, to answer the foreclosure complaint. Village Manager Manager Couzzo reported that Assistant Police Chief Ricciardi announced his retirement in February of 2016. He also thanked Attorney Davis for his assistance with the JIC contract. Manager Couzzo further revealed that Pastor Paul recently announced his retirement but would continue to assist the Village as needed. REGULAR AGENDA OLD BUSINESS 20. Approve Code Compliance Joint Stipulation for Village Square - Tequesta Investors,LP Attorney Davis provided a status update on the Village Square settlement. This week there was a walk thru on the property and the principals were all in agreement regarding the corrective actions. Council Member D'Ambra asked if there were any new code violations uncovered during the inspection. Attorney Davis answered that there were only minor issues left. Council Member D'Ambra inquired about the paving of the Village Square parking lot and if it met the Village's requirements. Manager Couzzo replied that there were two different situations and that milling would be desirable, however, Village Square was cited for sealing Minutes — Regular Council Meeting 11/12/15 Page 6 and restriping. In addition, the Village Square agreed to seal cracks and resurface potholes. Manager Couzzo added that the boundary issue was finalized to the south, which was unincorporated Palm Beach County, and that they were working on finalizing the northern boundary. Council Member Paterno mentioned that the county would be coming out to examine the Cove Road drainage and possibly cite the south side mall for paving over the drainage area. He added that Village Square had a 30 day time stipulation. Attorney Davis responded that the Village Square must be working diligently and moving forward, not just doing nothing. Council Member Paterno asked if there was a matrix on what needed to be done. Attorney Davis responded that there was not a matrix, but that they had been working hard, fixing the grease trap, installing sidewalk trip hazards and that the asphalt was close to being completed with the striping underway. Council Member Paterno inquired as to whether the planting, hedge and fence had been completed. Attorney Davis answered that all of those areas still needed to be finished, but that they should not have a problem meeting the December 31, 2015 deadline. Council Member Paterno asked if the Village would receive the $80,000 bond should the Village Square not complete the required work. Attorney Davis answered yes, it would receive the money as it was a substitute for the liens on the books. Mayor Brennan mentioned that the point was to obtain compliance. Manager Couzzo offered that an assessment would be done during the first week of December. MOTION Council Member D'Ambra moved approval of the Code Compliance Joint Stipulation for Village Square — Tequesta Investors, LP; seconded by Council Member Okun; motion carried unanimously 5 -0. 21. Approval of Second Amended and Restated Interlocal Agreement between the Town of Jupiter Inlet Colony, Florida; and the Loxahatchee River Environmental Control District; and the Village of Tequesta, Florida for Joint Participation and Project Funding of the Town of Jupiter Inlet Colony Neighborhood Rehabilitation Project and Reapportionment of Bid Costs. Attorney Davis provided a summary. Manager Couzzo referenced the reapportionment costs, and asked that Council examine exhibit A, potable water $1.421,328.00 He believed it contained the language requested by Council and that there was enough built in protection and oversight, to reduce potential issues. Once approved it would go to the Loxahatchee River District. Council Member Paterno asked if the engineer of record would represent all three parties. Attorney Davis responded that the engineer of record would represent all three parties; however, the Village was free to have their own engineer review and render a decision, should they choose. Minutes — Regular Council Meeting 11/12/15 Page 7 MOTION Council Member Patemo moved approval of the Second Amended and Restated Interlocal Agreement Between the Town of Jupiter Inlet Colony, Florida, and the Loxahatchee River Environmental Control District, and the Village of Tequesta, Florida for Joint Participation and Project Funding of the Town of Jupiter Inlet Colony Neighborhood Rehabilitation Project and Reapportionment of Bid Costs, seconded by Council Member Okun; motion carried unanimously 5 -0. NEW BUSINESS 22. REMOVED FROM AGENDA 23. ORDINANCE 24 -15, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCILOF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OFORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLEIII. PARKING, STOPPING OR STANDING, BY AMENDING DIVISION 2. "PARKINGOF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES" ATSECTIONS 46 -73 AND 46 -74 TO REVISE SCREENING REQUIREMENTS FORBOATS ON TRAILERS IN ZONING DISTRICTS R -1A, R -1, R -2 AND R -3; AND ATSECTION 46 -71 TO PROVIDE A DEFINITION FOR THE TERM "EFFECTIVELYSCREENED ON THREE SIDES "; PROVIDING THAT EACH AND EVERY OTHERSECTION AND SUBSECTION OF CHAPTER 46. SHALL REMAIN IN FULL FORCEAND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, ASEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Attorney Davis read Ordinance 24 -15 title into the record Attorney Davis summarized that the yellow highlighted language showed where proposed changes were located. He also reviewed the definitions of "effectively screened" and "fully screened ". Council Member Okun stated that large vessels would benefit from the eight foot gate and agreed with the restriction. Council Member Arena asked if the eight foot gate was at the owner's discretion. Attorney Davis answered that yes it was, and that the grandfather clause would have been effective as of July 10, 2014, when the ordinance requiring four sides was adopted. He summarized that the only changes made were those defining the effective screening, removal of the gunnel reference and replacing it with a six foot high fence or vegetation, and adding the eight foot height for gates. Council Member Okun brought up an option of having artificial vegetation on chain link fences. Manager Couzzo commented that it did not hold up in this environment. Detailed discussion ensued regarding fences and coverings. Council Member Paterno hoped that Manager Couzzo and Mr. English would express to the Code Enforcement Officer that just because there was a permit, does not mean the boat could Minutes —Regular Council Meeting 11/12/15 Page 8 sit out in non- compliance for six months. Manager Couzzo added that there was a new procedure in place. Council Member Paterno remarked that there needed to be structure so that the Magistrates interpretation was narrowed down. He added that the chain link fence and canvassed chain link fence be removed. He cautioned that Council stay away from artificial vegetation covering. He was satisfied with the code, but felt an eight foot fence was too aggressive. Council Member Okun readdressed the artificial vegetation coverings and indicated he was in favor of it. Council Member D'Ambra reminded Council that there was a need for guidelines. He stated that wood fences, concrete and vegetation were all appropriate. He advised that those were all good choices. MOTION: Council Member D'Ambra moved approval, Ordinance 24 -15 as amended to eliminate chain link fence and eight foot gate, and grandfather to effective date of July 10, 2014, seconded by Council Member Patemo, motion carried 4 -1 with Council Member Okun opposed. ANY OTHER MATTERS Council Member D'Ambra mentioned that he would like to discuss Old Dixie Highway, signage, the sale of Remembrance Park and the location of the Holiday Tree Lighting. He felt the tree does not get much visibility at Constitution Park and would like to see it displayed at the Village Hall again. Perhaps there could be a movie to follow at Constitution Park. Council Member Paterno stated that he would like to see a workshop on the water rates. He felt there was a need for a 3 -5 year plan. Council Member Okun revisited the Holiday Tree Lighting at the Village Hall. He encouraged Council to consider clear lights in addition to the tree. Council Member Arena commented on the recent yard sale at Paradise Park noting how successful it was. He felt it would be a great idea to do more in the future as it eliminates traffic congestion on the weekends and adds a safety benefit, by keeping strangers away from personal residences. Council Member Arena proposed the idea of having restaurants sample their food at future Council meetings. Council Member Paterno countered that it did not seem appropriate to bring food to a council meeting if the food vendor would be appearing before the Council. Attorney Davis reminded Council that the food must also be equally available to everyone. Mayor Brennan suggested staff and Legal review the idea. ADJOURNMENT Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 8:06 p.m. Minutes — Regular Council Meeting 11/12/15 Page 9 Respectfully submitted, cam: n'1 e 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.