Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 02_07/10/2008MINUTES VILLAGE OF TEQUESTA SPECIAL COUNCIL MEETING 5:30 PM. Wednesday, April 30, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 5:30 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Calvin Turnquest, Council Member Jim Humpage, Council Member Vince Arena and Council Member Tom Paterno. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams, and Department Heads. Mayor Watkins stated a citizen asked to demonstrate a concern. MOTION: Council Member Paterno moved approval of the request; seconded by Council Member Arena; motion carried unanimously 5-0. Pert Towne offered an article from MSNBC and commented on artificial turf using led and her concern with the risk it may bring. 1. Council discussion and action regarding Palm Beach County Fire Station 11 MOTION: Council Member Humpage moved to approve the development of two draft documents by Aitomey White intended as counter proposals; seconded by Council Member Arena; motion carried 4-9. With Council Member Paterno dissenting. 2. Authorization to move forward with preliminary environmental investigative work to determine the environmental permitting issues surrounding the bridge as recommended by the Resident Bridge Committee Manager Couzzo explained the Committees resent decision. Mr. Russell VonFrank, 489 Dover Road, commented. MOTION: Vice-Mayor Watkins moved to approve item number two; Council Member Turnquest seconded the motion, motion carried unanimously 5-0 vote. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 6:35 p.m.; seconded by Council Member Arena, motion carried unanimously 5-0. Respectfully Submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA WORKSHOP VILLAGE MANAGER'S CONFERENCE ROOM WEDNESDAY APRIL 30, 2008 Call to Order and Roll Call The meeting was called to order by Mayor Pat Watkins at 6:35 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Calvin Turnquest, Council Member Arena, Council Member Humpage, and Council Member Tom Paterno. Also in attendance were: Manager Michael R. Couzzo, Jr., Village Attorney White, Village Clerk Lori McWilliams and Department Heads. New Business 1. Discussion on Grant Funding Opportunities Council Member Arena introduced Ryan Ruskay of RMPK Funding who distributed grant information and how grants could benefit the community. Council Member Arena reviewed the "Florida Forever" grant and noted it was anon-matching grant and believed it could be used on the old train station on Seabrook to acquire as a park. Additionally, he noted there was a historical preservation grant available for the railroad station to help move and/or renovate the depot if desired by Council. Mr. Ruskay explained funds used to renovate the station would require a 50/50 match; however anything donated such as time from the past five years would be included in the Village's portion. Consensus of Council agreed to have Manager Couzzo submit a letter of intent to acquire the property for the old train station and to provide $5,000 for the services of RMPK Funding to write and coordinate the grant. Old Business 2. Discussion on Annexation Issues: Funding and Planning Mayor Watkins mentioned she supported voluntary annexation but not involuntary. Council Member Humpage compared a house in Bermuda Terrace with his house and determined that house would pay an additional $300 per year to be in the Village and suggested giving three to five years for residents to comply. Council Member Arena commented non-residents would save approximately $150 a year on Parks and Recreation events. Mayor Watkins commented Bermuda resident's years ago were afraid the boat ramp would be made public. Council Member Paterno commented on the boats that were stored at the boat ramp which would not be allowed within the Village. Consensus of Council agreed the Mayor would have lunch with Commissioner Marcus to discuss potential annexation and then invite her to speak with Council. Minutes -Village Council Workshop 4/20/08 Page 2 ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at 7:29 p.m.; seconded by Council Member Arena, motion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JUNE 12, 2008 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:02 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 Mayor Watkins followed by the pledge to the flag. APPROVAL OF AGENDA Council Member Paterno asked to remove Item 8 from Consent for discussion. The following items were added to Any Other Matters: • Council Member Humpage - 4 day 10 hour work week • Council Member Paterno -Jupiter Inlet Colony Fire Rescue • Mayor Watkins - Town of Jupiter and SFWMD MOTION: Council Member Humpage moved approval of the Agenda with Item 8 removed from the Consent Agenda and the additions to Any Other Matters; seconded by Vice-Mayor Turnquest; motion carried by unanimous 5-0 vote. STANDING REPORTS • Village Attorney Village Attorney White updated Council on pending legal issues. The Delray dog bite case was reversed in favor of the City and the courts declined to accept jurisdiction regarding the West Palm Beach City Center referendum; therefore there will be a referendum on the issue. • Village Manager No report. PRESENTATIONS & PROCLAMATIONS 1. Presentation of Laserfiche Weblink Brad Gomberg, IT Manager, provided an in-depth presentation on how to access public records online from Weblink a component of the Village's new imaging system. Minutes -Village Council Regular Meeting 6/12/08 Page 2 CONSENT AGENDA MOTION: Council Member Humpage moved approval of the following Consent Agenda with the removal of Item 8; seconded by Council Member Patemo; motion carried 5-0. MINUTES 2. April 30, 2008 Workshop Minutes 3. May 8, 2008 Regular Meeting Minutes 4. May 16, 2008 Special Council Meeting Minutes 5. May 27, 2008 Workshop Minutes 6. Ratification of CWA Collective Bargaining Contract October 1, 2007 - September 30, 2010 7. Approval to nominate Dottie Campbell for the Florida League of Cities Excellence Award -City Citizen of the Year -for her work and dedication to the Village and its 50t" Anniversary 8. Approval of Manatee Protection Plan Agreement for Law Enforcement Services between Palm Beach County and the Village of Tequesta REMOVED FROM CONSENT AGENDA 9. Approval of Addendum to the Coral Cove Park Mutual Aid Agreement 10. Council Approval of Budget Amendments exceeding the $5,000.00 limit and/or affecting Capital Accounts for FY 2007/2008 11. Consideration to Fund the Expense of $15,000.00 for the Work on the Village Memorial from the Village Council's Aid to Community Organizations Contributions Account END OF CONSENT AGENDA 8. Approval of Manatee Protection Plan Agreement for Law Enforcement Services between Palm Beach County and the Village of Tequesta MOTION: Council Member Patemo moved approval of Item 8; seconded by Vice-Mayor Tumquest; motion carried unanimously 5-0. Minutes -Village Council Regular Meeting 6/12/08 Page 3 COMMUNICATIONS FROM CITIZENS Mr. Russell von Frank, 489 Dover Road, voiced displeasure with a letter he received from the Police Chief regarding Detective Weinblatt and requested information from 2001 to present the cases the Detective was involved and has completed and made an arrest. Mr. John Islip, 561 N. Cypress Drive, property owner and property manager of Tequesta Corporate Center and Tequesta Fashion Mall, addressed Code Enforcement issues along the US 1 corridor. Mr. Harold Taylor, 13 Chapel Court, requested bridge and water plant updates at each Council meeting. Village Manager Couzzo provided a summary on the bridge and the Resident Bridge Committee. COMMUNICATIONS FROM COUNCIL Council Member Paterno stated he has been attending the Jupiter Lighthouse Work Group meetings and they are tasked submitting a proposal within years. He advised the group would be holding scoping meetings and one would be held in the Council Chambers for people to look at preliminary plans. He provided the Council with a plaque that was presented to Council from the Secretary of Interior in appreciation of the Village working towards making the lighthouse area a national monument. Council Member Arena appreciated the boating safety information provided in Smoke Signals; congratulated Officer Valez on being the American Legion's Officer of the Year; commented on a letter he received from a resident on the exemplary work provided by the Fire Department; noted the library reopened; attended the American Legion Memorial Day Service; and stated the Council appreciates input from residents and thanked the residents. Vice-Mayor Turnquest stated there were good things happening in the Village. He commented on the economy increasing but not salaries and ensured the residents that the Village's tax dollars to help run the Village were not going to waste. Council Member Humpage asked residents to provide budget suggestions to Council. Mayor Watkins noted the CWA contract was adopted under Consent; happy to nominate Dottie Campbell for the Florida League of Cities Award as she has given her heart and soul to the Village and that the Village was moving forward with the memorial; noted Palm Beach County adopted the agreement for Station 11; and she met with Commissioner Marcus and was supportive and asked to attend any annexation meetings. Council Member Humpage recognized Mr. Paulette, CWA representative, and appreciates him working with Council and staff. Minutes -Village Council Regular Meeting 6/12/08 Page 4 REGULAR AGENDA NEW BUSINESS 12. Resolution 27-08, Approval of Pre-payment of the Improvement Revenue Refunding Bond (IBR) Series 1994 Ms. JoAnne Forsythe, Director of Finance, explained the pre-payment of $134,000 would save the Village $8,500. Village Attorney White read the Resolution title into the record. MOTION: Vice-Mayor Tumquest moved approval of Resolution 27-08; seconded by Council Member Humpage; motion carried unanimously 5-0. 13. Resolution 28-08, Approval Increasing the 2007-2008 Budget in the Stormwater Fund #403 by Appropriating additional Fund Balance and Increasing Transfers out to the IBR Fund #101 by $60,300 Village Attorney White read the Resolution title into the record. MOTION: Council Member Humpage moved approval of Resolution 28-08; seconded by Vice-Mayor Tumquest; motion carried unanimously 5-0. 14. Resolution 30-08, Authorizing the Refunding of the Village's Water Revenue Bonds Series 1998 and a Loan in the Principal Amount of not Exceeding $6,800,000 to Refinance the Village's Water Revenue Bonds, Series 1998 Village Manager Couzzo noted refunding the Bonds would save the Village $880,000 over a period of 20 years or $45,000 a year. Village Attorney White read the Resolution title into the record. MOTION: Council Member Humpage moved approval of Resolution 30-08; seconded by Vice-Mayor Tumquest; motion carried unanimously 5-0. 15. Approval of Agreement for Assignment of Computer Data between Palm Beach County Information Service Systems and the Village of Tequesta MOTION: Council Member Humpage moved approval of Computer Data Assignment Agreement; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes -Village Council Regular Meeting 6/12/08 Page 5 OLD BUSINESS 16. Ordinance 10-08, Second Reading, An Ordinance Of The Village Council Amending Exhibit "A" of Section 2-30 Relating to the Employees' Pension Trust Funds; Amending Exhibit "A" to Provide for Payment of Interest on Refunds of Accumulated Contributions. (First Reading 5/8/08) Village Attorney White read the Ordinance title into the record. Mayor Watkins opened the public hearing to Council for comments. There being no comments, the Mayor opened the hearing to the public for comments. There being no public comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 10-08; seconded by Vice-Mayor Tumquest; motion carried unanimously. 17. Ordinance 11-08, Second Reading, An Ordinance of the Village Council to Clarify Certain Regulations Regarding the Parking of Trailers and Other Specific Vehicles (First Reading 5/8/08) Village Attorney White read the Ordinance title into the record. Mayor Watkins opened the public hearing to Council for Comments. Council Member Arena asked if the boats, RV's and trailers that currently sit at a house would be affected and Attorney White advised it did not change the current regulations. Vice-Mayor Turnquest voiced concern with businesses having the storage units in the front of their properties and questioned if the property owner or the business owner would be responsible. Attorney White advised the property owner would ultimately be liable. Manager Couzzo addressed the issue of a US 1 Corridor business having a vehicle with signage. Mayor Watkins commented on the attractiveness of the Corridor and noted they could not only allow it for one business. Council Member Paterno mentioned other businesses have asked for the illegal signage to be removed and believed there was a safety issue. Council Member Humpage asked if all three of the conditions listed on page 2, Section c have to be met and Attorney White confirmed that was correct. He asked Council to consider allowing an additional 14 days for a POD if requested and Mayor Watkins suggested allowing the two time allotments to be run together consecutively and would need to pull another permit. There being no further comments, Mayor Watkins opened the hearing to the public for comments. Mr. John Islip suggested Council work with the businesses and limit the marquee signs size. He asked Council to address the issue and give him an opportunity to replace the sign prior to requiring him to remove the vehicle. Ms. Betty Nagy, Shay Place, stated Mr. Minutes -Village Council Regular Meeting 6/12/08 Page 6 Zuccarelli has for many years had a trailer and large vehicles on his property. Council Member Humpage advised this would not be allowed after the passage of the Ordinance. There being no further comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 11-08; seconded by Council Member Pafemo; motion carried unanimously 5-0. 18. Ordinance 12-08, Second Readinct, An Ordinance of the Village Council Amending Sections 74-68, 74-72, 74-73, 74-74 And 74-79 to Provide for Updated Language Regarding Utility Security Deposits, CPI Increases, Water Restriction Surcharges and Surcharges Outside Corporate Boundaries. (First Reading 5/8/08) Village Attorney White read the Ordinance title into the record. Mayor Watkins opened the public hearing to Council for comments. There being no comments, the Mayor opened the hearing to the public for comments. There being no public comments, the public hearing was closed. MOTION: Council Member Patemo moved approval of Ordinance 12-08; seconded by Council Member Humpage; motion carried unanimously 5-0. 19. Resolution 19-08, A Resolution of the Village Council of the Village of Tequesta, Adopting a Schedule of Fees and Charges for the Provision of Water Services Rendered by the Village of Tequesta for its Citizens and other Members of the Public Village Attorney White read the Resolution title into the record. MOTION: Vice-Mayor Tumquest moved approval of Resolution 19-08 with Option 2; seconded by Council Member Arena; motion carried unanimously 5-0. ANY OTHER MATTERS Council Member Humaage suggested the Manager or Council look into the Village going to a 4 day 10 hour work week for General Employees. He believed this would not affect income, close Village Hall once a week to save electric and employees would save on fuel costs. Village Manager Couzzo agreed to complete a staff study. Council Member Paterno suggested opening discussion with Jupiter Inlet Colony regarding Fire Rescue. Consensus of Council agreed the Mayor would make the initial contact. Minutes -Village Council Regular Meeting 6/12/08 Page 7 Manor Watkins asked to add discussion regarding the Town of Jupiter and the SFWMD Resolution to the July agenda; consensus of Council agreed. Council Member Arena suggested holding a meet your Council in July and invite the Commissioner Marcus; consensus of Council agreed to hold a Meet and Greet during the National Night Out event, if possible. Vice-Manor Turnguest suggested inviting SFWMD and the Army Corps of Engineers to discuss problems with water rates and increased surcharges; consensus of Council agreed. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn, seconded by Council Member Arena, the motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 9:09 p. m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA WORKSHOP VILLAGE MANAGER'S CONFERENCE ROOM MONDAY, MARCH 24, 2008 Call tD Onder and RoN Call The meeting was called to order by Mayor Pat Watkins at 5:30 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Calvin Tumquest, Council Member Arena, Council Member Humpage, and Council Member Tom Patemo. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney White, and Village Clerk Lori McWilliams. Approval of A~tenda MOTION: Council Member Humpage moved to approve the agenda as submitted; seconded by Council Member Arena, motion carried unanimously 5-0. New B~iness 1. Discussion on the Memorial Stone saved from the old Village Hall building was displayed and proposed for use on the existing fountain. Carlton Stoddard distributed a handout to show he was grateful for what the Village was doing regarding this memorial, and commented he wanted to be on the memorial next to his wife. Village Council Member proposed using the money in Charitable Funds account to get this started. Individuals would pay for their own stones, which would replace blanks. Council Member Humpage estimated it would take 186 stones to go around the fountain. Stones would be solo on first come, first serve basis. Consensus of Council (Watkins, Arena, Humpage) agreed to move forwarri with the foountain. 2. Legal Update -Polices and Pnx:eduna3 a. Home Rule Powers Act Minutes -Village Council Workshop 3/24/08 Page 2 Attomey White noted this was Chapter 166; passed July 1973, which gave municipalities all powers to do all things except things that were specifically illegal; the Viltage's charter had been recently updated. b. The Surt~ne Law The Sunshine Law was established to make certain the people's business was done in the public. No two or more members from a board or commission could get together to discuss business that might come before them. Ce{I phone records, email, text messages could not be used to state a position and ask for comment back. Sunshine Law applied also to advisory committees, and committees allowed to rank proposals. Nothing in State law required a time for posting notices; only reasonable time. Palm Beach County is a charter county, meaning if they passed ordinances by referendum those would prevail over a municipality's local ordinance, except in five areas. Attomey White urged support of an item which would be on the November 2008 ballot stating if the County passed an ordinance which passed countywide but not in our municipality, it would not apply in our municipality; this would go a tong way to preserving the Village's home rule. The ordinance would be on the Village Council's April agenda for their support. Attorney White clarified a Council Member could speak with a member of Planning and Zoning; a Council Member could attend the Planning and Zoning Board meeting; however they should not comment on anything that was going to come before Council for a decision; and may not act as a conduit between two Planning and Zoning Board members. Attomey White stressed the seriousness of compliance with the Sunshine Law. c. Public RecORls Act Attorney White advised the amounts the Village could charge for public records was in the State law; a person could request a public record and did not have to provide any information, not even their name. The Village did not have to compile any records that were not already compiled; did not have to create lists if none existed; did not have to provide records in a different format than that kept by the Village; and future documents that did not yet exist could not be requested. Withhokting public records was a very serious offense. d. Land Use Matters; Quasi .~cial Hearings and Ex Parbe Communication wllh Applicants Attorney White advised the Village was required to have a comprehensive plan under FS Chapter 163; presently the EAR (Evaluation and Appraisal Report) was Minutes -Village Council Workshop 3/24/08 Page 3 being prepared. Although the EAR should be done every seven years, this was the first one for the Village because smaller municipalities had been exempted up to the present time. The Village's EAR report had been accepted by DCA (Department of Community Affairs) and the EAR based amendments must be adopted by the Vllage Council within 18 months of receiving approval by DGA. They would need to select a firm to prepare this update to the Village's comprehensive plan. Land development regulations were also required, and must be consistent with the comprehensive plan. In the event of inconsistency, the comprehensive plan would prevail. Quasi judicial hearings would be those most challenged; they must have standards applied, and included special exceptions, variances, and site plans. Witnesses should be sworn in, protocol should be followed, ex parts communications should be disclosed; decisions must be made only from information produced at the hearing. Challenges must be made within 30 days and they could only challenge on failure to provide procedural due process (notice and a hearing), competerrt substantial evidence, and following essential requirements of law. e. Ethics; Gifts; Disdosures Annual financial disclosure forms must be filed; quarterly gift disclosure forms available from the Village Clerk must be filed for any gifts over $100. Never accept a gift for a vote. f. Conflicts of Interest - Voflng Voting conflict of interest forms must be filled out, and given to the Village Clerk. The outcome of the vote must inure to your private gain in order for a voting conflict of interest to exist. Any member of Council with a legitimate voting conflict must disclose it at the meeting and refrain from discussing it at all. The attorney should be consulted if any questions. g. Personal LiabiNty So long as a Council member stayed within the scope of his/her duties, they had qualified immunity under the law. h. Role of Council; P ~ Procedures Attorney White commented to increase efficiency, if a Council member had any questions regarding the agenda they should contact someone about it before the meeting because it made them look like they didn't know what was on the Minutes -Village Council Workshop 3/24/08 Page 4 agenda when they asked such elementary questions. Items that needed discussion should not be on the consent agenda. Agendas going out two weeks ahead of meetings was very confusing, because then changes were made and backup sent; Attomey White felt a week ahead of the meeting was plenty of time to send out the agenda. The Village Manager distributed a draft agenda of bulleted items proposed for the next agenda. Attomey White noted the meeting minutes attempted to be verbatim, and advised that under the Sunshine l_avv all that was required was the person who made the motion, the person who seconded, and the action that was taken. A brief description of a discussion tha# #ook place, names of people who spoke could ~ listed, and the attomey suggested action minutes or to have a court reporter if verbatim minutes were desired. Audio would be available. The attomey clarified that anyone could propose an ordinance; only Council could adopt an ordinance. i. Review and Update of V'~lage Council Pdir.~es 8~ Procedur+es Votin The change to voting procedure was that "Yes" or "No" would be substituted for "Aye" or "No". Ballot voting was deleted. Agenda Item: Communications from Citizens During communication from citizens, no bads and forth discussion should take place; if consensus of Council, the resident and Council should be provided the information within a reasonable time. The 3-minute time limit would be shown on TV screens. Asking for a response within the 3-minute time limit was discussed and left as ~ was. In Item 6 "moved on the agenda" was deleted, because it was already there. The Village Attomey was advised she could change her report format from items done during the month to brief and interesting updates and issues that Council needed to be informed about. .Item 7 was changed to state that request cards were to be handed to the Village Clerk. Dottie Campbell asked for a more user friendly comment card and to stack the speakers to save time. Agenda Item: Communications from Council No changes were made. Agenda Item: Any Other Matters No changes were made. Quasi-Judicial Hearings The following order was agreed upon to be observed by speakers during the hearing: (1) Open Public Hearing (2) Applicant (3) Staff (4) Village Council (5) Public Minutes -Village Council Workshop 3/24/08 Page 5 (6) Applicant -final comments (7) Close public portion of hearing (8) Council deliberation and voting The fast fine regarding changes was deleted. General Items Item 2 regarding goals and objectives was deleted. Consensus of Council was the draft agenda of bulleted items would be emailed two weeks before the meeting; the agenda packet with backup would be sent on Friday before the meeting. Consensus of Council was to go to action minutes with motion., second, vote and one or two lines on discussion, and to place the audio on the website. Consensus of Council was to place bulleted items for the Agenda in the Courier prior to the Council meeting. Mayor Watkins requested cell phones be turned off during meetings, if traveling to notify the clerk, and to come to meetings with calendars. Charter Review Recommendations 1) Travel and per diem expenses reimbursement - no change 2) Item regarding authorization to contact the Village attorney was deleted 3) The Village Attorney shall recommend outside counsel for special situations and special expertise with concurrence of Village Manager 4) Parliamentary procedures shall be provided in a booklet 5) Discussion of increasing salaries for Council Members was deferred to the budget workshops -suggestions were to increase discretionary funds instead or have a gas reimbursement acxount 6} How to establish a department was included in policies 7} An ordinance to allow election poll workers to be from Palm Beach County instead of Village residents had already been passed. Consensus of Council was to place approval of policies and procedures on the Consent agenda. 3. Develop Courts TweMe IiAoMh Calendar Council was requested to provide possible available dates for workshops. An executive session was set for 4 p.m. on April 3; a grant workshop was needed after April 10; a health insurance workshop after contract negotiations ended, and an annexation workshop at the end of April. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn the meeting at &:15 p.m.; seconded by Council Member Patemo, motion carried unanimously 5-0. Minutes -Village Council Workshop 3/24/08 Page 6 Respectfully submitted, Lori McWilliams, CMC Village Clerk Note: These summary minutes are prepared in canpbance 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 fife in the Village Clerk's office.