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Home My WebLink AboutMinutes_Regular_05/08/2008MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES MAY 8, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 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 Council Member Vince Arena followed by the pledge to the flag. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the Agenda with Item 10 deleted; seconded by Council Member Arena; motion carried by unanimous 5-0 vote. STANDING REPORTS • Village Attorney Village Attorney White updated Council on pending legal issues relating to municipalities and advised there were no new updates on the Delray Beach, Lake Worth or West Palm Beach issues previously discussed. • Village Manager Village Manager Couzzo explained the mast arm signalization would be complete by May 9, 2008. He noted union contract negotiations were continuing. PRESENTATIONS & PROCLAMATIONS 1. Presentation of Plaque to Ms. Lee Resnik Council Member Humpage presented Ms. Lee Resnik with a plaque honoring former Mayor and Council Member Ed Resnik; and noted the plaque would be placed on the walls in Village Hall. 2. Recognition of Charlotte Mathison on her 101St Birthday Mayor Watkins presented Ms. Charlotte Mathison with a cake and flowers in celebration of her 101St birthday on this day. Minutes -Village Council Regular Meeting 518/08 Page 2 3. Proclamation declaring May 10, 2008 as Therapy Dog Awareness Day Mayor Watkins presented Therapy Dog Awareness Day Proclamations to Kristen Coleman (not present) and Evidence Custodian Brad Fitzer, owner of Cody a Village K-9 Therapy Dog. 4. Presentation on 10 Year Water Supply Facilities Work Plan and its Comp Plan Amendment due to Department of Community Affairs (DCA) Mr. Fred Rapach, Director of Palm Beach County Service Center, made a presentation on the growth and water supply, Senate Bills, new laws, water use regulations, local Comp Planning, natural systems, increased focus on alternative water supplies, improved communication between utilities and planning departments, local government requirements, future water supply needs, 10-year water supply facilities work plan, conservation programs, reuse programs, financial planning, and the South Florida Water Management District's role in Comp Planning. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the following Consent Agenda with the removal of Item 70 from the agenda; seconded by Vice-Mayor Turnquest; motion carried 5-0. MINUTES 5. November 28, 2007 Special Meeting Minutes 6. March 18, 2008 Regular Meeting 7. April 3, 2008 Workshop 8. April 10, 2008 LPA Meeting 9. April 10, 2008 Regular Meeting 10. Resolution 24-08, Ratification of CWA Contract (REMOVED FROM AGENDA) 11. Authorization to appoint the following to a newly created investment advisory committee: Michael Couzzo, Village Manager; JoAnne Forsythe, Director of Finance; Abby Roeloffs, resident END OF CONSENT AGENDA Minutes -Village Council Regular Meeting 5/8/08 Page 3 COMMUNICATIONS FROM CITIZENS Mr. Russell Von Fran, 489 Dover Road, thanked the Police Department and Officer Worcester for organizing the Senior Citizen Academy and suggested the Weather Channel take a picture of the community to assist Code Enforcement. Ms. Bethany Humpage, 562 N. Dover Road, commented on riding with the Village's therapy dog and going to Tequesta Terrace. COMMUNICATIONS FROM COUNCIL Council Member Arena stated the Senior Academy was an excellent program, complimented the success of the Block Party, attended the two bridge committee meetings and felt Council did a great job appointing its members, and attended the CPR and first aid courses offered by Fire-Rescue. As the Loxahatchee River Council representative he was asked to speak at an upcoming seminar. He thanked every employee and Department Head for their assistance and guidance. Vice-Mayor Turnquest, on behalf of his wife, thanked the Fire Department for their quick response to the medical clinic. Mayor Watkins agreed the Senior Academy was well received and a great opportunity and commented on the Humpages' attire during the Block Party. She thanked Village Attorney White for inviting her to the legal seminar. REGULAR AGENDA OLD BUSINESS 12. Ordinance 10-0$. First Reading, An Ordinance Of The Village Council of The Village of Tequesta, Palm Beach County, Florida, Amending Exhibit "A" of Section 2-30 of The Code of Ordinances, Village of Tequesta, Florida, Relating to the Employees' Pension Trust Funds; Amending Exhibit "A" to Provide for Payment of Interest on Refunds of Accumulated Contributions; Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing for an Effective Date. (Second Reading 6/12/08) Attorney White read the Ordinance title into the record. Mayor Watkins opened the public hearing to the public for comments. There being no comments, the public hearing was closed for public comment. Mayor Watkins opened the public hearing to Council for comments. There being no comments, the public hearing was closed. Minutes -Village Council Regular Meeting 5/8/08 Page 4 MOTION: Council Member Humpage moved approval of Ordinance 10-08; seconded by Vice-Mayor Tumquest; motion carried unanimously 5-0. 13. Discussion and Action on Palm Beach County Fire Station 11 MOTION: Council Member Patemo moved approval of agreement version 2 and the motion died for lack of a second. MOTION: Council Member Humpage moved approval of agreement version 1; seconded by Council Member Arena; motion carried 4-1 with Council Member Patemo in opposition. NEW BUSINESS 14. Special Exception 08-1- Authorization fora Special Exception for Indoor Amusements in the C-2 Zone, Section 78-177(d)(6) and Section 78-361 Special Exception Uses Village Clerk McWilliams swore in 3 witnesses. Ms. Kim Hines, owner, addressed Council regarding the proposed business. Mayor Watkins opened the public hearing to the public for comments. Mr. Russell VonFrank, 489 Dover Road, voiced concern with Sunday hours. Mayor Watkins opened the hearing for Council comments. Council Member Humpage commented on this being a great place for children. Council Member Paterno noted the Order read "children party events" meaning no adults. He asked that no liquor or alcohol allowed on premises be included in the Order. Attorney White suggested the wording, "... accommodate party events, primarily for the purpose of children's events." Manager Couzzo suggested approving the Order with the suggested changes and amending the Order in the future if necessary to accommodate their needs. Council Member Paterno did not have an issue with Sunday morning hours. Discussion ensued regarding hours of operation and agreed to: Monday -Friday and Sunday 9 a.m. - 9 p.m.; Saturday 8 a.m. - 9 p.m. There being no further comments, the public hearing was closed. Minutes -Village Council Regular Meeting 5/8/08 Page 5 MOTION: Council Member Humpage moved approval of the Special Exception with the Village Attorney to solidify the hours of operation, incorporate the alcohol wording and change the wording to "primarily children's events'; seconded by Council Member Patemo; motion carried unanimously 5-0. 15. Ordinance 11-08, First Reading, Amending Chapter 78. Zoning. At Article IX. Supplemental Regulations. At Division 10. Occupancy or use of temporary structures, trailers or vehicles. By amending Section 78-612.; to clarify certain regulations regarding the parking of trailers and other specific vehicles; providing that each and every other section and sub-section of Chapter 78. (Second Reading 6/12/08) Attorney White read the Ordinance Title into the record. Mayor Watkins opened the hearing to the public for comments. Ms. Geraldine Genco Dube, 7 Country Club Circle, stated she did not see a drastic difference in the previous Code and asked if boats and trailers being stored in the zoning district between the bank and Tequesta Urgent Care would be prohibited to which Village Attorney White responded it would be prohibited. There being no further public comments, the public hearing was opened to Council for comments. Council Member Humpage suggested allowing pods for temporary uses. Manager Couzzo stated the language could be changed for second reading and suggested allowing it only in residential districts. There being no further comments, the public hearing was closed. MOTION: Council Member Pafemo moved approval of Ordinance 11-08 on first reading as is with language to be added during second reading to allow pods for a time specific period; seconded by Council Member Tumquest; motion carried 5-0. 16. Ordinance 12-08, First Reading, Amending Chapter 74. Utilities. At Article II. Water Service. At Division 2. Rates and Charges. By amending Sections 74-68, 74-72, 74-74 and 74-79 and repealing section 74-73 to provide for updated language regarding utility security deposits, CPI increases, water restriction surcharges and surcharges outside corporate boundaries; providing that each and every other section and sub-section of chapter 74. Utilities. Shall remain in full force and effect as previously adopted (Second Reading 6/12/08) Attorney White read the Ordinance Title into the record. Minutes -Village Council Regular Meeting 518/08 Page 6 Mayor Watkins opened the hearing to the public for comments. Ms. Geraldine Genco Dube, 7 Country Club Circle, commented on interest at prevailing rates, rate increase calculations, and making it a rolling 12 month period. There being no further public comments, the public hearing was opened to Council for comments. Council Member Paterno advised state law requires the Village to pay interest on all deposits. He commented on bond covenants and felt the Village would be double dipping. He preferred it to be based upon the operation and suggested reducing expenses. He noted a rate increase Resolution would be brought forth in June and stated the increase was based on last year's numbers. Council Member Arena agreed and had concerns with an automatic increase every year and would rather Council vote on it yearly; but noted revenue was needed for projects that were upcoming. Council Member Humpage stated he did not have a problem with the security deposit or 18% surcharge and believed the Village needed to make money in order to increase the operation of the plant. Vice-Mayor Turnquest stated he agreed with Council's comments regarding an automatic increase and that the rates should be over a rolling 12 month period rather than previous month. MOTION: Council Member Paterno moved to approve Ordinance 72-08 with an amendment That the CPl be based upon the original indexing; seconded by Vice-Mayor Turnquest; motion carried 4-7 with Mayor Watkins in dissent. 17. Resolution 22-08 Establishing a Historic Preservation Committee Council Member Appointee Mayor Watkins Lee Resnik Vice-Mayor Turnquest Alice Klimas Council Member Arena Bethany Humpage Council Member Humpage Dottie Campbell Council Member Paterno Kathleen Smith MOTION: Council Member Humpage moved approval of Resolution 22-08 with the appointments; seconded by Council Member Paterno; motion carried unanimously 5-0. Minutes -Village Council Regular Meeting 5/8/08 Page 7 * Council Member Paterno did not have his appointment at this time and later provided the Clerk with his appointee. 18. Council Committee Appointments: Planning St Zoning Board Alternate 1 Member ^ John T. Terzakis MOTION: Council Member Humpage moved approval of appointing Mr. Terzakis to the Planning & Zoning Board for atwo-year term ending 5/8/10; seconded by Vice- Mayor Tumquest; motion carried unanimously 5-0. Public Safety Pension Board Regular Member ^ Robert S. Young ^ John T. Terzakis MOTION: Council Member Arena moved to appoint Mr. Young to the Public Safety Pension Board for atwo-year term ending 5/8/1 D; seconded by Vice-Mayor Tumquest; motion carried unanimously 5-0. 19. Discussion on the Manatee No Wake Zone Council Member Paterno advised the State was planning to change the river to a minimum wake zone, which would affect the time it take for boaters to get to the ocean and water activities. He stated Ms. Abby Roeloffs has been working on this issue and working towards getting new pylons and markers to mark the channel and continue to a{low the river to be used and he asked Council to support keeping the river open to the fisherman and recreational use. Council Member Arena questioned how the police department could enforce outside of an unmarked channel. Chief McCollom stated the wording makes the area a manatee zone because it was not a marked channel. Ms. Dottie Campbell stated the North Fork was narrower than the South Fork and was like I-95 on the weekends. She suggested educating the public and the obligation to project kids. Consensus ofi Council agreed to support Ms. Roeloffs continued efforts. ANY OTHER MATTERS Minutes -Village Council Regular Meeting 5/8/08 Page 8 Council Member Arena asked if Council wanted to address the Astroturf issue brought forth recently by Ms. Pert Towne. He asked to hold a workshop regarding possible free waterfront property available to the Village and Consensus of Council agreed. Vice-Mayor Turnquest commented on an email from a resident complaining about the safety issues at the old Citgo station and Manager Couzzo stated staff would look into this issue. ADJOURNMENT MOTION: Council Member Humpage moved to adjoum, seconded by Council Member Arena, the motion to adjoum carried unanimously 5-0; therefore the meeting was adjourned at 9:30 p.m. Respectfully submitted, ~~ m~~ Lori McWilliams, CMC Village Clerk