Loading...
HomeMy WebLinkAboutMinutes_Regular_03/10/2016 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING MARCH 10, 2016 : 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 Council Member Paterno led the meeting with the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION Council Member Okun moved approval of the agenda; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. PRESENTATION 1. Presentation by Dorothy Jacks, Chief Deputy Property Appraiser Ms. Jacks informed Council that the Village of Tequesta was the 17th highest in value and also in parcel count for Palm Beach County. She then compared Tequesta to Juno Beach in size. She noted that the taxable value of Tequesta was 71 % of the market value, which placed the Village in mid -range of the rest of Palm Beach County. 2. Proclamation Proclaiming March 2016 as Florida Bicycle Month Village Clerk McWilliams read the proclamation declaring March 2016 as Florida Bicycle Month. Mayor Brennan explained that Tequesta was becoming noticeably more bicycle and pedestrian friendly. Ms. Kim Delaney, of the Treasure Coast Regional Planning Council, complimented the Village on being the first municipality in Palm Beach County, to accept the "Compete Streets Challenge ", sponsored by the DOT (Department of Transportation). She further explained that the program encouraged municipalities to evaluate conditions and find ways to make streets safer, friendlier and more economically competitive. Minutes — Regular Council Meeting 03/10/16 Page 2 3. Public Safety Pension Board Presentation by Trustee Member John Terzakis. Mr. Terzakis reported that The Bogdahn Group reviewed the accounts and stated the Plan's market value was $11,601,625 with Domestic Equity at 49.9% and International Equity at 14.7 %. The Board met with Jeff Amrose, from Gabriel, Roeder and Smith, regarding the actuarial valuation and discussed reducing the rate of return. As a result, the actuary was directed by the Board to prepare a cost study of the impact of reducing the rate of return. Mr. Terzakis informed Council that the Board was also processing its' first disability benefit case. Mr. Terzakis stated that the Board's legal counsel reported on the updates to the insurance premium tax data and that the next meeting was scheduled for May 2, 2016. Council Member D'Ambra asked when the report from the actuary was expected to be received. Mr. Terzakis answered that it had been asked to be expedited and that they should have a number by the next meeting. Council Member Paterno asked if lowering the assumed rate of return would allow the investment managers' task to become easier. Mr. Terzakis replied that this was not necessarily the case, although he understood the question and would update Council as soon as more information regarding the cost study became available. Council Member D'Ambra responded by suggesting Council save their questions until additional information was reported from the actuary. CONSENT AGENDA MOTION: Vice Mayor Arena moved approval of the following Consent Agenda, seconded by Council Member D'Ambra. Council Member Paterno requested agenda item number 18 be removed from the agenda. Discussion ensued and there was a Consensus of Council to keep item number 18 on the agenda. 12. RESOLUTION NO. 08-16: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE GENERAL FUND #0012015/2016 BUDGET IN THE AMOUNT OF $18,773.00 BY INCREASING REVENUES AND EXPENDITURES IN THAT AMOUNT TO RECOGNIZE THE FAIR MARKET VALUE OF SERVICES RECEIVED FROM PALM BEACH COUNTY FIRE RESCUE AS WELL AS RECOGNIZING RELATED REPAIR AND MAINTENANCE EXPENDITURES AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member D'Ambra asked Mr. Brad Gomberg, Information Technology Manager, for insight on the analysis demonstrating the type of event that would put one internet service provider in a better position over another. Mr. Gomberg stated that there was Minutes — Regular Council Meeting 03/10/16 Page 3 nothing external that could cause such an event, however, an internal provider component could possibly cause one provider such an outage. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Pastor Paul Beresford, Senior Adult Ministry Pastor at First Baptist Church of Tequesta, expressed his appreciation for the recent proclamation from the Village of Tequesta. He also conveyed his sincere gratitude to Mayor Brennan and the Village, for their support and friendship during his recent health crisis. Mr. Darrell Pastuch, 391 Riverside Drive, addressed the Council and complained about recently being pulled over by the police for speeding. He felt the officer that stopped him was not being truthful about his rate of speed. Mr. Pastuch also referenced a point in time, several years ago, where he believed his water meter had been compromised. Mr. Pastuch claimed Village Manager Couzzo was being insincere when he (Manager Couzzo) could not recall the specific conversation, from years past, regarding Mr. Pastuch's water meter. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra asked Mr. Greg Corbitt, Parks and Recreation Director, for an update on the annual Egg Hunt and the recent addition of a new putting green. Mr. Corbitt informed Council that the grand opening of the putting green would be taking place at the annual Egg Hunt, scheduled for March 26th. He noted that signage would be going out soon as would an announcement on the Village website and facebook. Council Member Paterno reported on recent news of many municipalities, including Boynton Beach, that were underfunded in their fire and public safety divisions. He went on to state that the Village of Tequesta was in the "Top 50" of Florida's exceptional funds. Council Member Paterno revealed that the fire department was currently underfunded by approximately 1.5 million dollars. However, he noted that the police department was in a good position and commended them on the accomplishment. He recommended the fire department consider contracting with outside government agencies and also encouraged them to consider increasing charges for their services that they provided to other agencies. He observed that in the past, this type of endeavor had generated approximately 1 million dollars in revenue, and kept taxes from going up an additional 20 percent. He asked Council to please consider his ideas going forward as he would like to take a leadership role back, in the future. Council Member Okun commended the Village of Tequesta Police on a recent distress call that came in over the weekend. Police Chief Elg then explained that one of his marine officers, Sgt. Pike, was involved in a marine rescue of two teenage boys, caught up in high seas involving the rescue of another party. Sgt. Pike addressed Council and revealed that the teenagers were the real heroes. Chief Elg reiterated to Council, the skill and expertise necessary for a marine officer to attempt such a rescue. Minutes — Regular Council Meeting 03/10/16 Page 4 Council Member Okun mentioned a meeting he had recently with Mr. Corbitt, and revealed that there would be future tournaments held at the new putting green located inside Constitution Park. Mayor Brennan reported on the US 1 project and revealed that there was now movement on the project as far as the Department of Transportation (DOT) was concerned. She advised the Village to keep a watchful eye on the progress and noted that Manager Couzzo would now be in charge of the project. She reassured Council that Kim Delaney, was authorized to work as needed on the project at no additional cost to the Village. Mayor Brennan addressed Chief Elg and asked for an update on a recent Council topic concerning speeding vehicles and truck sizes on the Tequesta Drive Bridge. Chief Elg revealed that there were numerous violations on the bridge during a recent five- and -a- half -hour span. There were also police cars parked in various locations throughout the Village in an attempt to curb speeders. The police department would continue their endeavor to keep oversized trucks from using the bridge, as well as patrol for speeders and red light runners. He mentioned that there would be multi jurisdictional initiatives in the future where other agencies would assist the Village in targeting these locations, as well. Chief Elg reported to Council that on average, 1 out of every 3 vehicles stopped, within the Village, received a ticket, while the remainder received a warning. In addition, last year the Police Department issued 25 DUls and the police were busy with various speed related endeavors. Council Member Paterno inquired about speed strips and suggested moving the strips around to various neighborhoods throughout the Village in order to keep residents informed of the actual speed of cars traveling thru their streets. He felt it would also be good information for Council to utilize. Chief Elg revealed that the strips also had a 2 percent margin of error. STANDING REPORTS Village Attorney Attorney Davis reported on Luscavich case and remarked that the case had not been called and was still within the nine -week trial docket. He also reported on the Tequesta vs. Thomas foreclosure matter and expected the Village to receive a summary judgement hearing date within the next week. Attorney Davis offered a legislative update and was pleased to reveal to Council that the public records law revisions were moving forward in a positive direction. Attorney Davis concluded that the municipal election legislation had expired in the Senate. Village Manager Manager Couzzo updated Council on the Assistant Police Chief search and revealed that a decision and an announcement would soon be forthcoming. He thanked Tequesta Police Chief Elg, Chief Kitzerow of Jupiter, and Chief Jenkins of North Palm Beach for their valuable input and time. Manager Couzzo reported that the Futures building, final review for the third floor buildout had been completed and finalized this week. He explained that it was a 1.8- million - dollar buildout and felt that Futures had been an asset and wonderful addition to the Village since its' inception. Minutes — Regular Council Meeting 03/10/16 Page 5 Manager Couzzo updated Council on the Assisted Living Facility (ALF) planned for County Line Road and mentioned that there were adjustments to the plan that would be forthcoming within the next month. He also reaffirmed that he would be working with the Department of Transportation on the US Highway 1 project. He was meeting with Mr. Lopez, from the DOT, within the upcoming week to discuss geometrical alternatives to the turning lanes in front of St. Jude Catholic Church. Council Member D'Ambra asked if this was the same ALF that had previously come forward but had never proceeded. Manager Couzzo advised that this was in fact the same ALF and that they had made some changes to their development plan to include additional independent living areas. Council Member D'Ambra emphasized to Council that the right of way acquisition was definitely the preferred route in reference to the St. Jude Catholic Church turning lanes. Council Member Paterno wondered if the right of way would be given to the Village or to the State. He felt that it would be a much quicker process if it was given to the Village of Tequesta. Mayor Brennan asked if Manager Couzzo would make the FDOT update a standing report going forward. OLD BUSINESS 15. Council Discussion on the County's Infrastructure Surtax (Proposed Sales Tax) Council Member Paterno reminded Council that the Village did not support a sales tax increase. Mayor Brennan recalled that the Village of Tequesta had communicated this effectively to Commissioner Valeche, of District 1, Palm Beach County. Council Member D'Ambra suggested Council table the topic until a later date, for a more in depth discussion. Council Member Paterno maintained the opinion that this was politics at work and felt he did not want the Village to be bullied by others that had a different agenda. Mayor Brennan felt that the Village should not lose any possible options should the sales tax increase get approved. Council Member Paterno emphasized he was not a politician but that he was an elected official working for his community. MOTION Council Member D'Ambra moved to table Council Discussion on the County's Infrastructure Surtax and put on the next workshop; seconded by Council Member Okun. Motion carried 4 -1 with Council Member Patemo in dissent. 16. ORDINANCE 5 -16, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. OF THE CODE OF ORDINANCES, VILLAGE OF TEQUESTA, AT SECTION 46 -141 BY REVISING THIS SECTION TO ALLOW THREE AXLE BOAT TRAILERS TO BE DRIVEN ACROSS THE TEQUESTA DRIVE BRIDGE Attorney Davis read Ordinance 5 -16 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. Minutes — Regular Council Meeting 03/10/16 Page 6 MOTION: Council Member Okun moved approval of Ordinance 5 -16; seconded by Vice Mayor Arena; motion carried 5 -0. NEW BUSINESS Attorney Davis announced the next item was quasi-judicial and swore in two people involved with the variance. He then asked Council for any ex -parte communications; there were none. 17. VAR 01 -16: Application of Les Deux Chefs, Inc., d /b /a/ Lola's Seafood Eatery, 181 North U.S. Highway One, Tequesta, FL 33469, for a Variance from the requirement of Sec. 78 -298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 527 +/- 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. The property owner is DDR Southeast Tequesta, LLC MOTION Council Member Okun moved approval of VAR 01 -16; seconded by Council Member Patemo; motion carried 5 -0. 18. Council Discussion, Consideration and Selection of Seabrook Property Real Estate Broker Council Member Paterno requested the item to be pulled from the agenda. Council Member Okun recommended the Seabrook Property not be sold. He felt that it was more valuable as a park for residents than as additional income for the Village. Council Member D' Ambra felt that the parcel should be sold and the proceeds used towards infrastructure. Vice Mayor Arena agreed with Council Member Okun and preferred the land be used as a park. Mayor Brennan agreed that the land should be saved for Village use. MOTION Council Member Patemo moved to pull item 18 from the agenda; seconded by Council Member Okun; motion carried unanimously 5 -0. 19. Council Direction Regarding PNC Bank Renovation Request to Waive Village Code:Code 1977, § 6 -1; Ord. No. 5 -10, § 1, 3- 23 -10; Ord. No. 4 -14, § 1, 2 -13 -2014 to Allow PNC Bank Contractors to Work March 11, 2016 - April 25, 2016 during the Hours of 5:00 p.m. - 2:00 a.m. Manager Couzzo stated that the Village had an ordinance which prohibited construction work after certain hours. He revealed that PNC Bank started renovation work recently and the Village of Tequesta Police noticed it was being performed late at night. Manager Couzzo added that there were federal regulations which prohibited the bank from closing for more than 3 consecutive days, which had necessitated this request. PNC Bank then asked for a waiver to do the construction work during the hours of 5 p.m. and 2 a.m. Minutes — Regular Council Meeting 03/10/16 Page 7 Mr. Andrew Hoyt, Vice President of Regional Operations, Manager for PNC Realty Services, explained that it was PNCs general philosophy to perform renovation work that may infringe upon clients' safety, during non - business hours. He pointed out that it would also limit the liability factor for PNC Bank. Mr. Hoyt added that the bank would like to work on the outside during the weekend daylight hours as well. Council Member Okun commented that it sounded like a convenience issue and not a necessity. Council Member Paterno pointed out that there were residential homes directly behind the bank building that would be unable to enjoy quiet time on Sunday. He asked if the inside work would create noise. Mr. Hoyt answered that the scope of work was somewhat minor, yet he could not control noise from an outside construction crew. Council Member D'Ambra requested an assurance that the residents would not be disturbed otherwise the Village would have to deny permission to work outside the allowable hours. Mayor Brennan agreed with Council Member Okun and Paterno and felt the hours currently in place were manageable for the scope of work. Mr. Hoyt could not provide an assurance that there would not be outside noise from the construction crew. MOTION Council Member Okun moved to deny the request to waive Village Code; seconded by Council Member Paterno; motion carried 3 -2 with Vice Mayor Arena and Council Member D'Ambra in dissent. 20. ORDINANCE 6 -16, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCILOF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY AMENDING DIVISION 2. "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES" AT SECTIONS 46 -73 AND 46 -74 TO REVISE SCREENING REQUIREMENTS FOR BOATS AND BOATS ON TRAILERS IN ZONING DISTRICTS R -1A, R -1, R -2 AND R -3; AND AT SECTION 46 -71 TO PROVIDE DEFINITIONS FOR THE TERMS "EFFECTIVELY SCREENED ON THREE SIDES ", AND "FULLY SCREENED'; AND REQUIRING A NO -FEE PERMIT FOR THE PARKING /STORAGE OF ALL SUCH BOATS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. 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; ANDFOR OTHER PURPOSES. Attorney Davis read Ordinance 6 -16 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. Minutes — Regular Council Meeting 03/10/16 Page 8 Vice Mayor Arena asked Mr. Timothy English, Village Building Official, if the overall boat height was measured to the top of the cabin. Mr. English verified that it was and added that the actual boat length was printed on the official boat registration. MOTION. Council Member D'Ambra moved approval of Ordinance 6 -16; seconded by Vice Mayor Arena; motion passed 4 -1 with Council Member Paterno opposed. ANY OTHER MATTERS Mayor Brennan reported that she was contacted by the president of All Aboard Florida in reference to expediting the railway bridge repair and revealed there was an offer that included replacement of all mechanisms and signals. She further explained to Council that there was now retro -fit available which would allow an expansion to an 8 -foot boat clearance at mean high tide, instead of the current 4- foot clearance span. However, the retro -fit was not covered financially by All Aboard Florida. Council Member Paterno asked if there would be double tracks over the bridge and thru Tequesta and Mayor Brennan confirmed this was the case. He inquired as to the height of the Village Police Boat and reported that there was a hinge devise that would allow a rescue boat to travel under the bridge with less clearance. Council Member Paterno concluded that Council should consider supporting this endeavor, with the realization that public perception may not be positive. Mayor Brennan felt it was important to hold All Aboard Florida to any promises they have made. She cautioned that Council may need to schedule an emergency meeting for a formal action regarding this latest development. 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 8:31 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.