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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_01/13/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES December 2, 2010 CALL TO ORDER AND ROLL CALL - The meeting was called to order by Mayor Pat Watkins at 9:03 a.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. Council Member Arena was absent from the meeting. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Tumquest; motion carried unanimously 4-0. PRESENTATIONS / PROCLAMATIONS 1. Council Review and Discussion Regarding Proposed Zoning Text Amendment Necessary to Allow a Rehabilitation Center in the Mixed Use Zoning District. Contract Purchaser of the Former Cornerstone Property are Proposing Such as Use at Site. Village Manager Couzzo explained that this meeting was to discuss Council consideration of a language change to the Mixed Use Zoning District. The language change being considered would allow a rehabilitation facility as the staff had defined it in their proposed language. Fire Chief and Acting Community Development Director Weinand explained this would amend Village Code to allow a rehabilitation facility in the mixed use district as a special exception use, and requested Council feedback. He explained that staff had built into the language elements that would require the facility to be high-end. Vice Mayor Paterno questioned the outpatient treatment included in the language, and expressed concern of people potentially being on the street or coming and going. Also he noted according to the third party agreement they could not have outpatients. Village Manager Couzzo explained the Vice Mayor was referring to an existing tri-party use agreement befinreen GMH, owners of the property on Dixie Highway; Brookdale, the owners of Sterling House; and the Village, which did not allow for an outpatient facility, and GMH would be precluded from providing outpatient services as the agreement currently stood. However, Council could allow it in the mixed use text amendment for future use, or delete it entirely. Vice Mayor Paterno expressed concern that Council already agreed as a party to the document that there would not be outpatient services and requested it be deleted. Minutes – Special Council Meeting 12/02/10 Page 2 Village Manager Couzzo explained the outpatient language would apply to any facility in mixed use as a rehabilitation facility and those eligible would only be those who had been previously enrolled in long or short term care at the facility. He commented that GMH would have to find an alternative to accommodate follow-up with their patients. There were finro options for care— short term for 30 days or long term for 30-60 days; if follow-up was needed the patient would have to enroll in a program again. Jim Kennedy, General Counsel for GMH, explained he had talked with the Clinical Director, Dr. Tim Warden, who advised the outpatient component did not mean in and out off the streets, but was a patient who had already been in the facility for 30-60-90 days who felt a potential for a relapse, and follow up treatment might not be as intense as the previous program. Clients wanted the ability to come back to the same facility and staff. The Vice Mayor commented that outpatient did not work for this community. Mr. Kennedy indicated patients would stay at the facility, however, that could not be mandated. The Vice Mayor commented a solution to protect the community was needed. The Village Manager explained the proposed outpatient language specifically stated it was only for those who had previously enrolled and participated in a minimum 30 day program. The language did not address or provide for someone to come back and spend a week. Mayor Watkins commented she believed it was already covered on page 11 under #5. Attorney Larry Smith, Local Counsel for GMH, explained how the outpatient wording had been arrived at during discussion with staff. He commented Chief Weinand had done a lot of research in trying to find language to make this a threshold top notch high end facility, and asked that the word "optional" be inserted prior to outpatient treatment. Village Manager Couzzo commented in looking at this globally for the MU district, possibly the process was ahead of itself as far as global. First the tri-party use agreement needed to be resolved, and secondly, the refresher and language needed to be addressed. If GMH didn't get the agreement changed, they would not have outpatient services. Chief Weinand advised the tri-party agreement was just for GMH's concern; the Council needed to look at this globally. GMH had options of doing a satellite office for out patient services, or they could change the agreement to follow up treatment and prohibit outpatient. This would be a high end facility that would not be allowed to accept state or federal funds. Village Manager Couzzo interpreted follow up treatment to mean someone must come back as an in patient for a minimum of 30 days. Attorney Kennedy advised the satellite office had been discussed, and would be fine with a time frame put on outpatient services. He did not think someone would come back for a day and would come for a set period of time. He acknowledged this type of facility did cause concerns; Minutes — Special Council Meeting 12/02/10 Page 3 GMH wanted the text amendment to include some type of outpatient component in order to prove themselves and show everyone that they would deliver what they told the Village they would do. He noted then they could go to Brookdale and request to add an outpatient component. Frank D'Ambra, 23 Leeward Circle, suggested removing the term outpatient and redefining it as inpatient follow up care with a set minimum time frame. The Village Manager advised staff could come up with language to accommodate that, and suggested a percentage of inpatient and outpatient; predominately inpatient. Vice Mayor Paterno requested the language be amended to allow telecommunication as outpatient service, and come back with that language. Village Manager Couzzo did not believe that teleconference needed to be addressed here but should be included in the special exception. Sal Sullivan, Lighthouse Cove, asked if they would have an out patient pharmacy. He expressed concern with associated mental health issues and suggested issues associated with some disorders. Attorney Kennedy responded there would be no pharmacy and patients would not be treated with drugs. Council Member Turnquest commented most times addiction problems were not due to mental, but emotional issues, for which people used alcohol, food, and drugs. Mr. Sullivan expressed his opinion that specific language was needed to address that. Chief Weinand indicated patients must primarily be there for drug, alcohol or eating disorders. Discussion ensued regarding establishing a'/2 mile radius which could put it outside of Tequesta; however, by law the Village must have the ability to have another facility. Chief Weinand advised there could be another facility on Bridge Road in the MU district, but there would not be much room. He commented follow up treatment was critical to care. He noted that patients would not drive to this facility, and he had looked at the parlcing requirements and felt comfortable. Number of units per acre was discussed. The Village Manager explained the number of units being considered at max build out was 84. With 9.3 acres there would be 9.5 units to the acre and that would be okay. Vice Mayor Paterno expressed concern the next owner could add units or add floors and pack the beds in. Village Manager Couzzo responded it would be prudent to incorporate a not to exceed number of units per acre to allow for a patrol mechanism. Buyers would know the limitations. Discussion arrived at Council Member Turnquest, Council Member Humpage, and Mayor Watkins agreeing to 10 units per acre, or 93 units. The Vice Mayor would consider that. Village Manager Couzzo explained the first and second reading process, indicated that he would move forward and put in the density issue and modified language on the follow up care Minutes — Special Council Meeting 12/02/10 Page 4 (Council Member Humpage wanted follow up linked to a time frame). Manager Couzzo asked if they could live with not to exceed finro weeks as follow up care. Attorney Kennedy suggested patients pay for 30 days, but they could decide to leave before that. Village Attorney Davis advised the definition of amended use needed to be amended. The Council expressed no other concerns. Following a 5-minute break, the meeting reconvened at 10:17 a.m. 2. Proposed Shared Parking Regulations � Requirements Chief Weinand explained new tenants coming into shopping centers always brought questions about parking. Village Code stated parking was to be considered at time of erection of a shopping center or when it was 25% renovated, or if floor and seat space was added. Parking is calculated one space per 250 feet. If Council wished to change parking to occupancy specific calculations, shared parking needed to be looked at and the code would have to be changed. Village Manager Couzzo indicated Tequesta was becoming a North Palm Beach County dining destination and parking was a concern. He asked if Council wanted to get involved in managing or administering this or if they liked the code the way it was. Chief Weinand explained there had been no complaints from plaza owners; the P&Z board had brought this up and mentioned looking at occupancy uses. He suggested addressing shared parking. Discussion led to Council agreement they were good with it the way it was and the Vice Mayor asked that staff just keep an eye on it. ANY OTHER MATTERS Council Member Humpage commented the Village flag on the AT&T pole looked magnificent. He felt AT&T was in violation of their contract because they had not provided a flag within 72 hours. Village Manager Couzzo responded the Village had made arrangements with AT&T's subcontractor who would provide the Village with the flags, and he would check the status. Council Member Humpage requested they be put on notice if a flag was not provided quickly. Village Manager Couzzo announced he would schedule a first reading in January of the text amendment for Mixed Use to allow for a rehabilitation facility and commented on advertising. Vice Mayor Paterno requested a sign be placed on Tequesta Drive and Old Dixie to notify the public. Council Member Humpage reported the response from Martin County for dog park funds was there was no funding available. Minutes — Special Council Meeting 12/02/10 Page 5 Vice Mayor Paterno commented on fences and having boats parked in front yards by the fencing location. JoAnne Burnsed, Executive Assistant to the Fire Chief, felt this was already covered in the code. Chief Weinand indicated this would be clarified and brought back if needed. Councilmember Turnquest reported he would be meeting with Sheriff Bradshaw to discuss their � relationship with the Village. ADJOURNMENT MOTION: Council Member Humpage moved to adjoum; seconded by Council Member Turnquest, the motion to adjoum carried unanimously 4-0; therefore, the meeting was adjoumed at 10:41 a.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY December 9, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 6:00 p.m. A roll call was taken by Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage and Council Member Calvin Turnquest. Afso in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Trela White, Village Clerk Assistant Deanna Mayo and Department Heads. APPROVAL OF AGENDA MOTION Council Member Humpage motioned approval of the agenda; seconded by Council Member Tumquest, motion carried unanimously 5-0. NEW BUSfNES5 1. Ordinance 12-10, Amending the Vi{lage Code of Ordinances by Creating an Entire{y New Chapter 76. Waterway Control. Relocating the Village's Waterway Control Code from Article XI11. of the Zoning Code to the Newly Created Chapter 76.; and Adopting Regulations that Create a New Boating Restricted Area from 300 Feet North of the Tequesta Drive Bridge to 300 Feet South of the Tequesta Drive Bridge, which Area would Restrict Boat Traffic to "Slow Speed Minimum Wake" Mayor Watkins 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 Humpage motioned recommendation for Council consideration of Ordinance 12-10; seconded by Council Member Tumquest, motion carried a 5-0. 2. Ordinance 13-10, Amending the Vitlage Code of Ordinances at Chapter 78. Zoning. at Article IX. Supplemental Regulations. Division 6. Marina Facilities. Sec. 78-483. Construction of Docks. By Amending this Section to make Reference to the New Waterway Control Chapter for Regulations Regarding the Construction of Docks; and at Article XIII. Uniform Waterway Control. By Repealing this Article in its Entirety and Reserving it for Future Use Local Planning Agency December 9, 2010 Page 2 of 2 Mayor Watkins 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 Humpage mofioned recommendation for Council consideration of Ordinance 13-10; seconded by Council Member Tumquesf, motion carried a 5-0. ADJOURNMENT MOTION: Council Member Humpage moved adjoumment; seconded by Council Member Arena. The motion to adjoum carried unanimously 5-0; therefore, #he meeting was adjourr►ed at 6: 03 p. m. RespectFully submitted, Deanna Mayo Assistant to the 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. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES DECEMBER 9, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 6:03 p.m. A roll call was taken by Village Clerk Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice- Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Trela White, Village Clerk Assistant Deanna Mayo, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Tumquest moved approval of the agenda, seconded by Council Member Humpage; motion carried unanimously 5-0. PRESENTATIONS 1. Recognition of the Village of Tequesta Finance Department on Receipt of Certificate of Achievement for Excellence in Financial Reporting Mayor Pat Watkins expressed appreciation on behalf of the Council and offered a certificate of recognition to Ms. Jody Forsythe, Director of Finance and the entire finance depa�tment. MOTION: Council Member Humpage moved approval of the Consent Agenda, seconded by Council Member Tumquest; motion carried unanimously 5-0. CONSENT AGENDA 2. MINUTES: 9/9/10 Special, 10/12/10 Special, 10/14/10 Regular, 10/21/10 Special, 11/4/10 LPA and 11/4/10 Regular 3. Resolution 41-10, Appropriation of Additional Fund Balance from General Fund #001, Capital Improvement Fund #301, Water Utility Fund #401, Stormwater Utility Fund #403 and Increasing the BudgeYs Expenses / Expenditures to Fund Projects / Purchases that were Approved and Funded but not Completed in Minutes — Regular Council Meeting 12/9/10 Page 2 Budget Year Ending 09/30/10 and Expect to be Completed in Budget Year Ending 09/30/11 4. Resolution 42-10, Appropriation of Additional Fund Balance to Fund Emergency Dump Truck Repairs 5. Item Removed from AQenda 6. Resolution 44-10. Requesting Approval to Purchase an "Open" Licensing Model of ArcServe Backup Software from CDW-G in the Amount of $18,500.00 and Increasing the Fiscal Year 2010/2011 Budget in the General Fund by Appropriating Fund Balance in the Amount of $4,895.00 6a. Approval of Budget Amendment Transferring Budgeted Funds from Capital Purchases to Car Allowance Expenditures END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Bob Keltie, Northern Palm Beach County Chambers, requested support from all cities and thanked Manager Couzzo on behalf of the Chambers for offering a Village representative. He also noted the Chambers upcoming meeting date. COMMUNICATIONS FROM COUNCIL Council Member Turnquest noted a previous young Tequesta vofunteer who had obtained a messenger position for Senator Afinrater and was nominated as Mayor in a recent college class assignment. He noted her thanks to Tequesta for their influence. Council Member Arena thanked Council Member Humpage, from Cypress residents for his assistance in expediting the new sidewalk on Cypress Drive. He also offered congratulations to Ms. Forsythe and the finance department on their efforts and Happy Holidays to all. Vice Mayor Paterno wished everyone Happy Holidays and expressed his all around gratitude. Minutes — Regular Council Meeting 12/9/10 Page 3 Mayor Watkins noted the pleasant time had by all at Tequesta's Holiday in the Park and noted a resident who expressed gratitude for the quaintness of the Village. She also offered staff and residents best wishes for the Holidays. REGULAR AGENDA OLD BUSINESS 7. Ordinance 8-10, Second Readinq, Adopting a New Sec. 2-34. To be Entitled Village Logos, Providing for the Official Adoption of Two Village Logos; Describing the Village Logos; Providing that the said Village Logos may only be Utilized for Official Village of Tequesta Business or upon the Written Approval by the Village Council, Florida; Providing that the Village Council may Grant Approval for the Use of the Logos for a Proper Purpose; Providing that the Village Council May Adopt Reasonable Rules for the Manufacture, Use, Facsimile or Reproduction of these Logos; Providing for Penalties; Providing for Registration with the Secretary of the State of Florida and the United States Patent and Trademark Office Attorney White read Ordinance 8-10 title into the record. Mayor Watkins opened the public hearing for Council comment. Vice Mayor Paterno questioned punctuation in the Ordinance. Attorney White clarified the original print was correct and changes through emailing occasionally occur. Mayor Watkins opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 8-10 on First Reading. Council Member Tumquest seconded the motion; which carried by unanimous 5-0 vote. 8. Ordinance 10-10, Second Readinq, Amending its Comprehensive Plan to Update the Capital Improvements Element Five Year Capital Improvements Schedule Pursuant to Section 163.3177(3)(b)1 Florida Statutes (F.S.) (First Reading 11/4/10) Attorney White read the title of Ordinance 10-10 into the record and offered a brief explanation of the item. Minutes — Regular Council Meeting 12/9/10 Page 4 Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 10-10 on Second Reading. Council Member Tumquest seconded the motion; which carried by unanimous 5-0 vote. 9. Ordinance 12-10, Second Readinq, Amending the Village Code of Ordinances by Creating an Entirely New Chapter 76. Waterway Control. Relocating the Village's Waterway Control Code from Article XIII. of the Zoning Code to the Newly Created Chapter 76.; and Adopting Regulations that Create a New Boating Restricted Area from 300 Feet North of the Tequesta Drive Bridge to 300 Feet South of the Tequesta Drive Bridge, which Area would Restrict Boat Traffic to "Slow Speed Minimum Wake" (First Reading 11/4/10) Attorney White read the title of Ordinance 12-10 into the record. She advised that the Local Planning Agency had recommended approval by Council of Ordinance 12-10. Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 12-10 on Second Reading. Vice Mayor Patemo seconded the mofion; which carried by unanimous 5-0 vote. 10. Ordinance 13-10, Second Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. at Article IX. Supplemental Regulations. Division 6. Marina Facilities. Sec. 78-483. Construction of Docks. By Amending this Section to make Reference to the New Waterway Control Chapter for Regulations Regarding the Construction of Docks; and at Article XIII. Uniform Waterway Control. By Repealing this Article in its Entirety and Reserving it for Future Use (First Reading 11/4/10) Attorney White read the title of Ordinance 13-10 into the record and noted that the Local Planning Agency had recommended approval of the Ordinance. Minutes — Regular Council Meeting 12/9/10 Page 5 Mayor Watkins opened the hearing to Council for comment; there being none, she opened the meeting for public comment. There being no comments, the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 93-10 on Second Reading. Council Member Humpage seconded the motion; which carried by unanimous 5-0 vote. NEW BUSINESS 11. Ordinance 14-10, First Readinq, Amending Exhibit "B" of Section 2-30 of the Code of Ordinances Village of Tequesta Relating to the Public Safety Pension Trust Funds; Proyiding for Increased Investments in Foreign Securities Attorney White read Ordinance 14-10 title into the record. Mr. Frank D'Ambra, Public Safety Pension Board Chair noted that the board had a target range but desired the Ordinance #or pension flexibility. He pointed out that if Ordinance 14-10 was approved the impact of the increased allocation limit would be set at 25%. Council Member Turnquest questioned Council input versus board members and/or employees. Mr. D'Ambra responded that the trustees were the final decision and briefly explained risk, losses and missed opportunity along with diversification, allocation and management styles. Vice Mayor Paterno asked Mr. D'Ambra if the 25% was approved could the board raise their allocation percentage without Council notification. Mr. D'Ambra replied yes, it would be the majority decision of the trustees. Vice Mayor Paterno questioned Union approval of the increase. Mr. D'Ambra responded that a letter from the Union confirming their approval would be obtained. Vice Mayor Paterno added that he would like that confirmation before the second reading. MOTION: Council Member Humpage moved approval of Ordinance 11-10 on Second Reading. Council Member Tumquest seconded the motion; which carried by unanimous 5-0 vote. 12. Ordinance 15-10, First Readinu, Council Approval to Authorize Village Employees, with the Prior Consent of the Village Manager, to Execute Certain Contracts and Leases Mayor Watkins stated that this item was removed from the Agenda. Minutes — Regular Council Meeting 12/9/10 Page 6 STANDING REPORTS • Villaqe Attornev Attorney White confirmed that she would be part of a drafting Committee which would begin January 1, 2011 regarding ethics. She stated the Committee had 90 days to accomplish revisions that would be focused on improving verbiage clarity to eiiminate grey areas in an impending Ordinance which they hoped would be passed. • Villas�e Manas�er Manager Couzzo noted that Tequesta Bridge was close to comptetion and the possible placement of a 12 — 14 inch railing on the Jersey Curb barrier for safety. ANY OTHER MATTERS Council Member Turnquest requested a solar company presentation regarding reducing the Villages electrical expenses to be placed on the January Agenda. He also noted a letter from a Whitehall resident regarding concerns with bridge lighting. Manager Couzzo responded that the lighting was designed specifically by engineers with resident comfort in mind as was the ptacement of the new, mature tandscaping and fett residents were enjoying the bridge immensely. Manager Couuo commented that inquiries had been made regarding fishing off Tequesta Bridge and noted fishing was profiibited. He stated that tastefut signs would be placed advising such. Council Member Turnquest questioned if fishing from the observation decks would be permitted. Manager Couzzo responded that the observation decks were restricted as well as they were part of the bridge. He added that Council had the prerogative to change the restriction to atlow fishing from one or both observation decks. Council Member Humpage stated that residents were inquiring about the large yellow pipes in the �llage. Manager Couzzo responded that natural gas lines would be installed through the yellow pipes throughout the Village. Vice Mayor Paterno referred to a letter from Jack Cory (Village lobbyist) regarding the pensions of Public Safety and Employees and suggested Manager Couzzo visit Tallahassee to speak on the Village's optimism on the topic of Tequesta's pensions. Manager Couzzo noted adjustments to Tequesta's labor union contracts and voiced his thoughts concerning other municipalities' experiences with unrealistic multipliers which _ __ _ - � Minutes — Regular Council Meeting 1219J10 Page 7 had offered difficulties in sustaining growth and agreed to go to Tallahassee to represent Tequesta. Mayor Watkins confirmed Councii consensus supporting Council Member Turnquest's request for a solar presentation. �ce Mayor Paterno asked for Council Member Turnquest to assist and support the Florida League of Cities involvement, on a State {evel, with upcoming issues such as pensions and Vice Mayor Paterno also mentioned the fire tax would be coming back as well. Counci{ Member Turnquest agreed. Vice Mayor Paterno suggested Mayor Watkins or another Council member be involved with the North River group. Mayor Watkins responded that she would, but would need a substitute if she had a conflict. ADJOURNMENT: Council Member Humpage moved to adjoum the meeting; seconded by Council Member Arena. The motion fo adjoum carried unanimously 5-0; therefore the meeting was adjoumed at 6:59 p.m. Respectfutly submitted, Deanna Mayo Assistant to the Viltage Cterk Note: These summary minutes are prepared in comp4iance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is availabte from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.