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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_03/10/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES JANUARY 13, 2011 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 Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couuo, Jr., Village Attorney Davis, Village Clerk Lori McWilliams and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Paterno provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Tumquest moved approval of the agenda as amended by addition of two items under Any Other Matters by Council Member Humpage and item 4 pulled at the request of Vice Mayor Patemo; seconded by Vice Mayor Patemo; motion carried unanimously 5-0. PRESENTATIONS 1. Commission on Ethics Presentation Alan S. Johnson, Executive Director, Palm Beach County Commission on Ethics, provided an overview of the Commission on Ethics and its scope of operations since the referendum had passed. Mayor Pat Watkins expressed appreciation on behalf ofi the Council. MOTION: Council Member Humpage moved approval of the Consent Agenda with item 4 pulled for discussion; seconded by Council Member Turnquest; motion carried unanimously 5-0. CONSENT AGENDA 2. MINUTES: 121�1� 0 Special, 12/9110 LPA, and 12/9110 Regular 3. Council Approval of the Existing Decorative Street Signs and Light Poles in the Right-of-Way on Country Club Point Minutes — Regular Council Meeting 1/13/10 Page 2 4. PULLED FOR DISCUSSION: First Quarter Financials Report Village Manager Couzzo explained he felt it important for the Finance Director to provide a quarterly report on where the Village stood, and reported they were exactly where they should be in the budget. Vice Mayor Paterno discussed appropriating fund balance amounts over the past two years. Council Member Humpage distributed a handout from the property appraiser on 479 Seabrook Road, which is owned by the Village and is tax exempt. MOTION: Vice Mayor Patemo moved approval of item 4 of the Consent Agenda; seconded by Council Member Tumquest; motion carried unanimously 5-0. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Harold Taylor, 13 Chapel Court, thanked Mayor and Council, the Village Manager, Police Chief and Sgt. Pike for holding the community meeting on 12/17, and advised residents were now well aware the Council has a concern for the area. COMMUNICATIONS FROM COUNCIL Council Member Arena mentioned the Saturday night Movie in the Village. Mayor Watkins expressed condolences for the family and friends of Ms. Alice Klimas. She noted the meeting with the Board of realtors and had many compliments on the Tequesta Bridge. She announced that she would not be running for another term on the Council and what a wonderful experience she has had. REGULAR AGENDA OLD BUSINESS 5. Ordinance 14-10, Second Readinq, Amending Exhibit "B" of Section 2-30 of the Code of Ordinances Village of Tequesta Relating to the Public Safety Pension Trus� Funds; Providing for Increased Investments in Foreign �ecurities (First Reading 12/9/10) Attorney Davis read Ordinance 14-10 title into the record. Minutes — Regular Council Meeting 1/13/10 Page 3 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: Cauncil Member Turnquest moved approval of Ordinance 14-10 on second reading. Council Member Humpage seconded the motion, which carried by unanimous 5-0 vote. 6. Ordinance 1-11, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article I. In General. Sec. 78-4. Definitions. By Creating an Entirely New Definition for "Rehabilitation Facility" and by Amending the Definition of "Residential Use"; at Article VI. Schedule of District Regulations. Sec. 78-180 MU Mixed Use District. By adding "Rehabilitation Facilities" as a Special Exception Use, by Creating Conditions to be met by all Rehabilitation Facilities and by Limiting the Density for such Special Exception Use to 10 Units per Acre; and at Article X. Off-street and On-Street Parking and Loading Regulations. By Adding "Rehabilitation Facilities" as a Category and Requiring Rehabilitation Facilities to Provide One Off Street Parking Space Per Patient Bed Attorney Davis read Ordinance 1-11 title into the record. Mayor Watkins opened the public hearing to Council for Comments. Vice Mayor Paterno indicated he thought the number of units was 80 rather than 117. Fire Chief Weinand clarified that there were 80 units with 117 beds, which was not requested to be changed. Council Member Humpage indicated this was a special exception to mixed use and this document would apply to anyone requesting to go into mixed use. Vice Mayor Paterno asked about physical therapists doing rehabilitation work from their offices, to which Chief Weinand responded no one in the Village was licensed for that now, and the only place within the Village where another rehabilitation facility could be built was Paradise Park, which was zoned mixed use. Council Member Humpage requested information sooner than only a week before the meeting, he would like it done within the week and back to the Council quickly. Village Manager Couzzo noted Vice Mayor Paterno had brought up expanding the special exception definition, to which Fire Chiefi Weinand responded that could be a condition of the special exception approval process. Mayor Watkins opened the hearing to the public. There being no public comment the public hearing was closed. Minutes — Regular Council Meeting 1/13/10 Page 4 MOTION: Council Member Humpage moved approval of Ordinance 1-11 on �rst reading. Council Member Turnquest seconded the motion, which carried by unanimous 5-0 vdte. 7. Council Consideration of Complete Replacement of all Existing Security Camera Systems in the Village Village Manager Couzzo explained the existing cameras were not state of the art, not linkable, not easily monitored, not easily repaired, and repairs were frequently needed. IT Director Brad Gomberg explained that a portion of the cameras were no longer working and would have to be replaced, which would cost $10,000.00. The police department DVR had failed, and one had been borrowed, but would have to be replaced soon. Mr. Gomberg explained how the entire system worked and the current issues. Costs of repairs, service contracts, etc. were discussed. Public safety was a serious issue; also the water plant monitors were not up to date. With a new system all cameras in the Village could be monitored from two screens. $75,000 -$100,000 was estimated as the cost for a whole new system. Resident Frank D'Ambra expressed his opinion that maintaining the integrity of the water supply raised this to a different level, and he would be interested on seeing a cost analysis on piece-meal replacement as well as for overall replacement. Consensus of Council was for staff to move forward, to design the system to allow for growth, and bring back to the next meeting; to go out for bids to determine costs. The old train station demolition was discussed; Council Member Humpage noted there were items of historical interest and he would like access before the demolition. 8. Council Discussion and Approvat of Bureau of Land Management Entrance Approach (Eco Site #61) Village Manager Couzzo described the upgrades to the Bureau of Land Management entrance and the need to upgrade the swale and roadway into it to provide a safer access for Village residents. A Canary Island date palm would need to be moved, and a request made to the County for a study for a blinking light. MOTIDN: Council Member Humpage moved approval to upgrade the swale and roadway to the Bureau of Land Management as discussed, including appropriation of necessary funding and the cost to move the Canary Island date palm tree. Council Member Tumquest seconded the motion, which carried by unanimous 5-0 vote. Minutes — Regular Council Meeting 1/13/10 Page 5 9. Resolution 1-11, Appropriating Funds Not to Exceed $10,000 for the Bureau of Land Management Entrance Approach Attorney Davis read Resolution 1-11 title into the record. MOTION: Council Member Humpage moved approval of Resolution 1-11. Council Member Tumquest seconded the motion, which carried by unanimous 5-0 vote. 10. Council Discussion and Approval to Reschedule March 10, 2011 Council Meeting Due to the Official Certification of Election Results being Available on March, 11, 2011 Consensus of Council was to defer Item 10 to the February regular Council meeting. STAND/NG REPORTS • Villaqe Attornev Attorney Davis advised the Village owned the property at 479 Seabrook Road, and a document had been prepared to advertise that property for sale in a bid-type process seeking offers, A 5% cashier's check would be required to secure the closing to the , highest bidder, and the Village could accept or reject all bids, with no minimum price inserted. • Villaqe Manaqer Village Manager Couzzo explained the cell phone tower at the Public Works facility and its ongoing problems of the flag being tangled. Engineers had been working on a new design so this would not happen. The Tequesta flag had not gotten tangled much, probably because it was made of lighter material AT&T was sending a new American flag; however, the Village Manager was concerned it would also get tangled. Council Member Humpage asked the Village Attorney to put AT&T on record that this was their responsibility. The Village Attorney was asked to send a letter the next day with copies to Mayor and Council. ANY OTHER MATTERS Council Member Humpage questioned whether a car could be parked in a front yard on the grass, and whether Code Enforcement could go onto private property to see if there was a vehicle tag when a vehicle was backed up to a house. Attorney Davis advised Minutes — Regular Council Meeting 1/13/10 Page 6 the officer could walk up the driveway to ensure a tag was on a car but could not peer over a fence. The Village Manager announced the Lieutenant selection process would be completed the next day and Sgt. Turner and Sgt. Pike were the final two applicants ADJOURNMENT: Council Member Humpage moved to adjoum the meeting; seconded by Council Member Turnquest. The motion to adjoum carried unanimously 5-0; therefore the meeting was adjoumed at 8:41 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 oifice. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES February 8, 2011 CALL TO ORDER AND ROLL GALL The meeting was called to order by Mayor Pat Watkins at 5:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. 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 Keith Davis, Village Clerk Lori McWitliams, and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Tumquest; motion carried unanimously 5-0. 1. Continued Discussion on the Rehabilitation Facility Language (continued discussion from 9/25/11 Special Meeting) Mayor Watkins noted additional language and a letter from the applicant was received. The Manager mentioned the Ordinance language had been updated on February 4, 2011 reference detox language. Council Member Humpage mentioned the biggest issue was the detox language and understood the current language was now acceptabfe to GMH. He questioned why GMH wanted to add the behavioral health treatment language. Mr. Larry Smith, GMH attorney, understood this was a teut amendment and not GMH approval. He explained he planned to request a continuance during the next Council Meeting. He further noted fihe Executive Director suggested the behavioral health language component and wanted him to explain the purpose. Dr. Tim Worden, clinical psychologist and Executive Director of Futures Wellness and Recovery Center, explained Mr. Gary Holloway wanted to create this program in order to give back to society in addition to creating a profit. He sfiated the facility would provide impeccable high-end serviee and that he would only become involved if a health and awareness program was created. He explained their clients were involved with behaviors that prevented them from obtaining a high level quality of life. Mr. Holloway wanted to create a behavioral and health or health and wellness cutting edge program. He noted the proposed language provided a broader offering than just an alcohol awareness program. Special Council Meeting Minutes — February 8, 2011 Page 2 Vice-Mayor Paterno asked why the behavioral heaith treatment wording was necessary and Dr. Worden stated the treatment would assist a person in stopping their problematic behavior and referred to it as health psychology. He believed a person's motivation level was a means of succeeding; thereby creating a behavioral heafth program as a seience. Vice-Mayor Paterno asked about dual diagnostic and Dr. Worden stated substance abuse problems could have underlying mental health issues and when part of substance abuse it should be treated. Vice-Mayor Paterno asked if the facility would primarily serve Vitlage residents and Dr. Worden stated fihey would take clients from a variety of areas. Vice-Mayor Paterno inquired on how they planned to serve the community and noted it did not sound like it was going to do much for or be a good fit for the area. He stated the use must be designed to serve the residents of the Village. Dr. Worden stated the facility would be an innovative behavioral health program that would assist anybody; and would offer weekend interventions for smoking and food disorders. Vice-Mayor Paterno clarified for Dr. Worden that the program was required to be a 30-day residential program; Dr. Worden explained they would sponsor conferences at local hotels to offer the additional interventions. Vice�Mayor Paterno noted his interpretation was that they did not meet the requirements o# the Mixed Use (MU) District. Council Member Turnquest believed Council was jumping ahead and relayed the current conversation should be left to deciding how the rehab facility would be allowed in MU. Vice-Mayor Paterno advised the MU zoning district was only to have certain types of businesses that served the area residents and reiterated he believed it did not meet the current zoning and would not be in the best interest of the community. Mayor Watkins confirmed CounciPs task was to deal with the language and further noted the language proposed in January was a result of the citizen comments during that special meeting. She pointed out the new proposed language definition did not include emergency or detox language and asked Council to review the language as proposed by sfiaff and determine if it was adequate or if it needed further review. Council Member Turnquest believed the definition in 78-4 (1) was too narrowly defined and did not like the language. Attorney Davis reminded Council to author the Ordinance and leave little room for interpretation - specifically state what would be allowed -- be precise and not subject to interpretation. Special Council Meeting Minutes — February 8, 2011 Page 3 Mayor Watkins believed the language was narrow enough that if another applicant obtained the property they would know what they could and could not build. Attorney Davis mentioned a rehab facility applicant would be required to go through the special exception process; and once a special exception use was approved, it would continue to run for a new property owner or come back to Councit for a different use. There would be no surprises if it changed hands. Council Member Turnquest stated he was fine with the rehab care definition if that that was the case. Vice-Mayor Paterno questioned if this was the face Council wanted to put on the community and reiterated it was not right for the MU District and did �ot want to change the complexion of the community for a rehab facility. Council Member Turnquest agreed - trying to give a different view on it and believed Vice-Mayor Paterno was right and that sometimes Council went too far with projects and it was hard to pull back. He did not believe a deeision needed to be made right now and requested more time to complete additional research and consult with physicians. He concurred it needed to be appropriate for the culture and lifestyles of the community. Mayor Watkins agreed it was never beneficial to rush and wished to slow down and regroup. Council Member Arena stated he had not received a lot of negative feedback regarding a rehab center, however was happy to allow additional time for further review, and was pleased the detox element was removed from the language. Council Member Humpage pointed out the MU was a fairly new zoning district to the Village and was pleased with efforts of the Village staff and GMH. He felt relatively comfortable with the Village language and stated behavioral language wording just implied trying to change ones behavior. Attorney Davis stated he would like to define behavioral health treatment more thoroughly and Mayor Watkins had questions about the behavioral health treatment aspect, but liked the second proposed language by GMH. Council Member Humpage stated he liked the word "wellness." MOTI4N: Vice-Mayor Patemo moved to postpone the second reading of the Ordinance until March 10, but still allow r�esidents to speak on the issue at the February Council meeting if desired. Special Council Meeting Minutes — February 8, 2011 Page 4 Attorney Davis opined the item should be postponed during the February Council meeting since it had already advertised. The motion to postpone failed for lack of a second. ADJOURNMENT MOTION: Council Member Tumquest moved to adjoum the meeting at 5:53 p.m.; seconded by Vice-Mayor Patemo; motion carried unanimously 5-0. RespectFully submitted, Lori McWilliams, MMC, Vill�ge 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 TEQUE5TA VILLAGE COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 2011 CALL TO ORDER AND ROLL CALL The meeting was ca(led to order by Mayor Pat Watkins at 6:52 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Patemo, Council Member Vince Arena�, Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Davis, Village Clerk Lori McWilliams and Department Heads. INVOCATION AND PLEDGE 4F ALLEGIANCE Council Member Turnquest provided the invocation and led the pledge of allegiance. APPROVALOFAGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Tumquest; motion carried unanimously 5-0. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consenf Agenda; seconded by Council Member Tumquest; motion carried unanimously 5-0. 1. AAINUTE3: 1/13/11 LPA 2. Approval of Contracts Signed by Manager under $25,000 3. Village of Tequesta Fire Department Outreach Program 4. Council Approval to Donate $500.00 from Councilman Turnquest's Expense Account to the West Jupiter Comrnunity Group's Sharika Program END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS John Nickels, 212 River Drive, addressed Ordinance 9-10 and the regulations prohibiting vehicles with more than one axle to travel on Tequesta Bridge. He asked to appeal the Ordinance and for Council to allow those in the Country Club to use the bridge to carry more than one axle boat trailers. Minutes — Regular Council Meeting 2/10/11 Page 2 Mayor Watkins explained the issue was weight and noted it had been previously regulated by tonnage, which was difficult for the police department to enfarce. Mr. Nickels noted solid waste and fire trucks were permitted to travel over the bridge to which the Village Manager, Mr. Couzzo, explained they were exempt from the Ordinance. Mr. Austin Nuquist, 39 Yacht Club Place, addressed Council regarding Ordinance 9-10 and noted that whether fire trucks were allowed to travel over the bridge, or not, it was still additional weight being placed on the bridge. He nated he knew of at least three residents that have triple axel trailers of at least 31 feet (approximately 14,500 pounds). He asked to have the trees trimmed on the main roads as they were causing damage to their outriggers. Gloria Berman, 100 Beach Road, commented that the beaches hardly existed in our area of Tequesta due to erosion. She mentioned Jupiter Island had a beach management committee to restore their beaches every 6-7 years, which in the past had trickled down to Tequesta, however, this, had not happened in a while and stated Palm Beach County had no funds. She suggested finding out if island residents wanted to contribute to a beach re-nourishment effort and believed the beaches were important to the Village. She asked for ideas on ways to present a project to affected homeowners. Mayor Watkins suggested she contact the Jupiter Island Council. COMMUNICATIONS FROM COUNCIL Council Member Turnquest congratulated Vice-Mayor Paterno on his re-etection and Ms. Brennan an her election. Council Member Humpage offered congratulations as well and thanked Mr. & Mrs. Watkins for their contributions to the Village, Council Member Arena also congratulated Vice-Mayor Paterno and Council Member Elect Brennan. He complimented the first issue of the employee newstetter and believed this was a great way to communicate with employees. He asked to offer $500 from his discretionary account to the employee who had the best idea to save money for the Village. � Mayor Watkins thanked Council for all the lovely comments in Smoke Signals, thanked staff, management, and the Village residents. Minutes — Regular Council Meeting 2/10/11 Page 3 REGULAR AGENDA OLD BUSINESS 5. Ordinance 1-11, Second Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article I. In General. Sec. 78-4. Definitions. By Creating an Entirely New Definition for "Rehabilitation Facility" and by Amending the Definition of "Residential Use"; at Article VI. Schedule of District Regulations. Sec. 78-180 MU Mixed Use District. By adding "Rehabilitation Facilities" as a Special Exception Use, by Creating Conditions to be met by all Rehabilitation Facilities and by Limiting the Density for such Special Exception Use to 10 Units per Acre; and at Article X. Off-street and On-Street Parking and Loading Regulations. By Adding "Rehabilitation Facilities" as a Category and Requiring Rehabilitation Facilities to Provide One Off Sfireet Parking Space Per Patient Bed (First Reading 1/13/11) Attorney Davis read Ordinance 1-11 title into the record. Village Manager Couzzo explained the applicant had asked the agenda item to be deferred until the March Council meeting. MOTION: Vice-Mayor Patemo moved tQ defer the second r�eading of Ordinance 1-11 to the March Council meeting; seconded by Council Member Humpage; motion carried unanimously 5-0. IVEW BUSINESS 6. Ordinance 2-11, First Readin�, Fence Code and LP Storaqe Code Amending this Section to Clarify the Village's Intent Regarding Wall and Fence Placement Relative to Associated Structures, and by Requiring Entry Features to Provide Adequate Clearance for Emergency Vehicles; and Unenclosed Uses in Commercial Districts, Awnings and other Projections over Sidewalk or Required Yard Area by Amending this Section to Allow for the Outdoor Sale of LP Tanks Under Certain Circumstances; and by Creating an Entirely New Sec. 7$-304 to Provide Criteria for the Outdoor Sale of LP Tanks Attorney Davis read Ordinance 2-11 title into the record. Mayor Watkins opened the public hearing to Council for Comments; there being none she opened the hearing to the public. Following detailed Council discussion, the Village Attorney was directed to include allowing for the outside sale of ice and the outside sale of LP tanks under certain circumstances and to note businesses in C3 zoning district shall be permitted to have outdoor LP fianks under certain circumstances. Minutes — Regular Council Meeting 2/10/11 Page 4 MOTION: Council Member Tumquest moved approval of Ordinance 2-11 as amended to include the outside sale of ice and LP tanks under certain circumstances to be permitted in the C3 zoning district; seconded by Couneil Member Humpage; motion carried unanimously 5-0. 7. Ordinance 3-11, First Readinq, ACLF Amending the Regulations for ACLF Uses in both of these Zoning Districts by Requiring ACLF Uses to be Equipped with Emergency Generator Systems and by Requiring ACLF Uses to Guarantee Payment for Patient Ambulance Transport Services Attorney Davis read Ordinance 3-11 title into the record. 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 moved approval of Ondinance 3-11 on frrst reading; seconded by Council Member Tumquest; motion carried unanimously 5-0. 8. Ordinance 4-11, First Readin�, Planninq and Zoninq Advisorv Board Authoritv Amending the Planning and Zoning Advisory Board Powers and Duties Procedure to Clarify the Board's Final Authority Regarding Approval of Certain Entry Features and Certain Site Plan Modifications Attorney Davis read Ordinance 4-11 title into the record. 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 moved approval of Ordinance 3-11 on �rst reading; seconded by Vice-Mayor Patemo; motion carried unanimously 5-0. 9. Resolution 2-11, Urging Governor Scott and the Florida Legislature to Address the Issue of Public Employee Pension Reform; Expressing its Desire for Legislative Reform that would Allow a Multi-tier Plan that Provides Varying Benefits to Different Tiers, without Jeopardizing the Receipt of State Insurance Premium Tax Funds for Police and Fire Pension Plans Attomey Davis read Resolution 2-11 title into the record. Village Manager Couzzo stated the Finance Director felt ifi was important for Council to urge the legislature to make changes at the legislative level. Minutes — Regular Council Meeting 2/10/11 Page 5 Ms. Forsythe, Finance Director, explained the Village had negotiated with the fire union to create a change in their pension where the union agreed to change the multiplier for new hires and to move to a multiplier max of 2.5 to save the Village funds. When the new plan was presented to the State the Village was told they would lose their premium insurance dollars as a result of the changes. The Manager noted the legislature was currently in session. Vice-Mayor Pa#erno clarified this was Ms. Shoemakers' interpretation, and not law; he asked if she held an appointed position. Attorney Davis con�rmed she was not elected. Manager Couzzo pointed out the implications to the Village would be the same to the State if they made the changes requested by the Governor who was looking for a reduction in the multiplier and to offer a deferred comp plan; which would essentially give them a three tier system. MOTION: Council Member Tumquest moved approval of Resolution 2-11; seconded by Vice-Mayor Patemo; motion carried unanimously 5-0. The Village Clerk was directed to forward a copy of the approved Resolution to all Florida legislators. STANDING REPORTS • Villaqe Attornev No report filed. • Villaqe ManaQer Village Manager Couzzo pointed out Vice-Mayor Paterno forwarded an article on Pasco County and believed other entities were following Tequesta's lead on dual taxation issues. He explained this was where residents were charged for police services pravided by the Sheriff's Office and the Village of Tequesta, resu(ting in double taxation. He stated if the Village was successful, it could reduce the taxes on the county level. The Manager recognized the two Boy Scouts in attendance who were working on obtaining their merit badges. ANY OTHER MATTERS Council Member Arena mentioned the Tequesta National Night Out ranked #1 in F�orida and ninth in country. He reminded Counci! they provided a$1500 donation last year and asked them to consider $300 each from their discretionary funds or to use the Minutes — Regular Council Meeting 2/10/11 Page 6 savings from the elections. Mr. Couzzo believed there would be funds available in police and asked Council to allow the funds be transferred to the appropriate account. Council Member Humpage asked Council to consider holding a workshop to go through the GMH proposal in detail prior to the March Council meeting. Council agreed and scheduled a Workshop on February 22 at 6:00 p.m. Mayor Wa#kins asked Council to consider a onetime monetary consideration for Fire Chief Weinand for stepping up to the plate and doing finro jobs; Fire and Community Development. Manager Couzzo asked to be allowed to make an adjustment to the Chief not to exceed 5%. Detailed discussion took place. MOTION; Council Member Humpage moved approval of allowing the Manager to give the Fire Chief a one-time adjustment not to exceed 5%; seconded by Council Member Tumquest; motion carried unanimously 5-0. ADJOURNMENT: Counci! Member Tumquest moved to adjoum the meeting; seconded by Council Member Humpage. The motion to adjoum car►ied unanimously 5-0; therefore the meeting was adjoumed at 7:56 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. , f DRAFT MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY February 10, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 6:00 p.m. Vice Mayor Paterno expressed appreciation to Mayor Watkins for her service on the Village Council and presented her with a one-of-a-kind vase. Mayor Watkins thanked everyone. The audience was asked to proceed to the lobby for refreshments and to wish Mayor Watkins well. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, 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. APPROVAL OF AGENDA MOTION: Council Member Tumquest motioned approval of the agenda; seconded by Council Member Humpage, motion carried unanimous/y 5-0. NEW BUSINESS 1. Ordinance 2-11, Fence Code and LP Storaqe Code Amending this Section to Clarify the Village's Intent Regarding Wall and Fence Placement Relative to Associated Structures, and by Requiring Entry Features #o Provide Adequate Clearance for Emergency Vehicles; and Unenclosed Uses in Commercial Districts, Awnings and other Projections over Sidewalk or Required Yard Area by Amending this Section to Allow for the Outdoor Sale of LP Tanks Under Certain Circumstances; and by Creating an Entirely New Section 78-304 to Provide Criteria for the Outdoor Sale of LP Tanks Fire Chief Weinand reviewed the proposed amendment. Mayor Watkins opened the public hearing to Council for Comments. Council Member Turnquest suggested amending the ordinance to include outside sales of ice. The Vice Mayor recommended placing LP tanks to the side or back. During discussion it was noted this covered addresses on U.S. One. Council Member Humpage requested C3 be included, so that it could also cover Cypress Drive. Vice Mayor Paterno wanted the tanks at Rocky's to be placed in the back, and locked up, and given to customers when they requested them, with a sign indicating the gas was available. Village Manager Couzzo advised staff would make the proposed changes. Local Planning Agency February 10, 2011 Page 2 of 3 " Mayor Watkins opened the hearing to the public. There being no public comment, the public hearing was closed. MOTION: Council Member Tumquest motioned recommendation for Council consideration of approval of Ordinance 2-11 with the addition of outside sales of ice and the C3 location; seconded by Council Member Humpage, motion carried a 5-0. 2. Ordinance 3-11, ACLF Amending the Regulations for ACLF Uses in both of these Zoning Districts by Requiring ACLF Uses to be Equipped with Emergency Generator Systems and by Requiring ACLF Uses to Guarantee Payment for Patient Ambulance Transport Services Mayor Watkins opened the public hearing to Council for Comments. Vice Mayor Turnquest felt 24 units per acre was excessive and requested the number be dramatically reduced. Village Attorney Davis advised the language in the comprehensive plan might need to be changed. The Village Manager indicated if Council wanted to move this forward, staff could look to the specificity of language or make changes to the comprehensive plan. The Vice Mayor commented the change would not affect existing ACLF's, only new ones. Generator noise was discussed. Council Member Humpage advised there were state and county decibel levels for compliance, which could be added to Tequesta's ordinance, as well as location of generators. Mayor Watkins opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage motioned recommenda#ion for Council consideration of Ordinance 3-11; seconded by Council Member Tumquest, motion carried a 5-0. 3. Ordinance 4-11, Planninq and Zoninq Advisorv Board Authority Amending the Planning and Zoning Advisory Board Powers and Duties Procedure to Clarify the Board's Final Authority Regarding Approval of Certain Entry Fea#ures and Certain Site Plan Modifications Mayor Watkins opened the public hearing to Council for Comments. There were no Council comments. Mayor Watkins 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 4-11; seconded by Council Member Tumquest, motion carried a 5-0. Local Planning Agency February 10, 2011 Page3of3 � � ADJOURNMENT MOTION: Council Member Humpage moved adjoumment; seconded by Council Member Turnquest. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 6:52 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. MINUTES VILLAGE OF TEQUESTA WORKSHOP VILLAGE MANAGER'S CONFERENCE ROOM TUESDAY, FEBRUARY 22, 2011 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 Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Calvin Turnquest, Council Member Vince Arena, and Council Member Humpage. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Davis, Village Clerk Lori McWilliams and Department Heads. Council Member Elect Abby Brennan attended via telephone. 1. Continued Discussion on the Rehabilitation Facility Language (continued discussion / from 2/811 Special Meeting and 2/10/11 Council Meeting Mayor Watkins described previous efforts to obtain input from the residents on this issue, and noted Council Member Humpage had requested this workshop to ascertain the Council's feelings. Representatives of the applicant, GMH, were present to answer questions. Village Manager Couzzo reported that since the last meeting he had made a change to the amendment, which included language that would prohibit any patient of the facility from obtaining an address of their own there. Also, the Manager advised that on page 15 of the original proposal from GMH, he had found the language confusing regarding the applicant certifying to the Village that residential occupancy will not exceed 70% of the total residential beds during any 30 -day period of time. He worked with Mr. Smith and Shaun Holloway to come up with language to amend the ordinance that would do what this had been intended to do by reducing the density from 10 units per acre to 8 units per acre. Mayor Watkins announced that first reading of the ordinance had already taken place and second reading was scheduled for the March 10, 2011 Council meeting. Public Comment John Diniro, 236 Village Boulevard in Lighthouse Cove, next door to the proposed facility, commented he was the President of the condominium association. He advised that the condo association board had never taken a position on the rehab center issue, thanked the Council for their work on this issue, and reported the applicant and Council Member Humpage had met with them to provide a better understanding of the project. Mr. Diniro stated that as a resident, he was in favor of the rehabilitation center, which he felt was better than Minutes — Village Council Workshop 2/22/11 Page 2 having an empty building, and felt it would be a very nice, well maintained, well developed facility. He felt the developer's willingness to move the gate to Old Dixie was a real plus, and felt the property would add value to the real estate within Lighthouse Cove. Mary Hinton, 12 Oakland Court, questioned if an analysis had been done as to the amount of tax revenue this building was generating now and would generate for the Village. Ms. Hinton commented she was in favor of the project since the detox facility had been removed, and it would get rid of an eyesore. She asked about other uses for this property. Attorney Davis explained the tri -party use agreement was the document that restricted this the most; other uses would be condos and town homes. Elizabeth Schauer, 85 Teakwood Circle, member of the Planning and Zoning Advisory Board, commented she had been on the Village Council when this building was approved to be built, and the whole concept had been this building had to be completed before Sterling House finished the building in the back, which was now their Alzheimers and dementia unit. The Council had wanted the building finished so they wouldn't be looking at an unfinished building, but for 10 years they had been looking at an empty building. Ms. Schauer commented she had known the Holloway family, and the Holloway Foundation, the primary owner of this project, and they had had roots in Tequesta for over 25 years. She expressed her opinion that Mr. Holloway would never do anything that would hurt the Village, and would always do what was best for the Village. Ms. Schauer indicated she was in favor of the project. Bill Watkins, 167 River Drive, commented the term "rehab facility" automatically conjured up drug rehab facility, but people came for weight and smoking problems, and the drug rehab had been curtailed by eliminating the detox facility. He believed the facility would insist on privacy and confidentiality. Mr. Watkins felt if this code change was not approved that the building would remain vacant, and encouraged the Council to vote in favor of the code amendment. Peggy Guiffre, 266 Village Boulevard, Lighthouse Cove, thanked the Council and especially Council Member Humpage for providing the residents with an overview of the project and changing their misconceptions about the project. She urged the Council to go forward with this project. Mary Hinton, 12 Oakland Court, commented the nursing home where the hospital is had been a rehab center when she first moved here. Sarah Jacks, affiliated with the detox facility in Jupiter, commented she was very excited about this project, and offered assistance. Minutes – Village Council Workshop 2/22/11 Page 3 Council Comments Council Member Turnquest requested a definition for "high end facility ". Shaun Gallagher, GMH, explained the wellness and recovery covered everything from food to catering to all client needs; their Clinical Director's program had patients seeing psychiatrists and coaches at least 4 times a week —more than other facilities - -and leaving with a written full year relapse prevention plan and follow - up for a whole year; and the location was great. Council Member Arena commented $40,000 a month seemed pretty high end. He asked how the landscaping would outline the property. Mr. Gallagher replied the declaration of use agreement required a significant landscape buffer on the east side of the property to be in place within 365 days of signing. They were in discussions to close the entrance to Village Boulevard and gating the Old Dixie Highway entrance; would submit landscape plan with the special exception use and site plan; there was ample time to work with staff, Council and residents so that everyone was happy. The border would be approximately 6 feet high, and they would clean up the fence. Attorney Davis advised that the landscape buffer at all times was to provide a reasonable obstruction and read the requirements from the agreement. He explained the agreement did not provide hard numbers but must be reasonable. Mayor Watkins commented that landscaping would be discussed during the special exception process. A resident asked if Lighthouse Cove could get the same shrubbery as Sterling House. Village Manager Couzzo indicated this could be discussed during the special exception. Council Member Arena asked what the patient to worker ratio would be; Mr. Gallagher responded it would be greater than the zoning requirement, and would be submitted with the special exception. Mr. Gallagher confirmed for Council Member Arena that the applicant had discussed the wounded warrior program with Ms. Hinton and they were going to give funds. He advised they would make an annual presentation outlining everything they had done in the community. Council Member Turnquest commented on other applicants making these same promises, and asked what the starting time would be to get the project off the ground. Mr. Gallagher explained that Gary Holloway had paid cash for the property, and had no equity partners and no debt covenants; which allowed them to move forward without partners holding things up, and they wanted to be open as soon as possible. Construction was estimated to take approximately 4 -6 months to complete the site, landscaping, interior, and exterior, and obtain a certificate of occupancy; they could not submit for their license without a certificate of occupancy in hand. Council Member Turnquest noted that GMH was petitioning for a text amendment in mixed use zoning, and if approved this would affect not only their property but all mixed use areas; so that another rehab Minutes — Village Council Workshop 2/22/11 Page 4 facility could be placed at a 1/2 mile radius, which would be on Bridge Road or the Paradise Park area. Attorney Davis clarified for Council Member Arena that GMH would be able to accept certain grants. Council Member Turnquest noted they would not be able to accept federal patients. Attorney Davis advised they could treat soldiers from the war that might need help if it was privately funded. A resident asked how many construction and full -time jobs this would create and what type of tax base. Village Manager Couzzo explained the tax base would be based upon assessment by the county, which was based on how much they put into it, which was then multiplied by the millage rate. Eleanor Howe, member of the Board of Directors of Lighthouse Cove, asked if the applicant had been asked to put up a bond. Vice Mayor Paterno commented this shouldn't be discussed now as this was the text amendment phase. Village Manager Couzzo agreed with the Vice Mayor and noted there were things that could not be discussed at this point in the project. Council Member Humpage commented he had been troubled by the stigma of drugs and alcohol, and listed the citizens' primary issues. Initially, detox had been a concern, but that had been removed; through negotiations the number of beds had been reduced from 117 to never exceed 70% of ratio of patients to beds (82 would be max); GMH had agreed to close the access on Village Boulevard; in -house security seemed to be well managed; Lighthouse Cove residents had wanted to know if the employees could be screened, and GMH's employment application required applicants to pass substance abuse, criminal, background and reference checks. The existing mixed use allowed density of 18 dwelling units per gross acre, equal to 270 residents and 250 cars. Council Member Humpage expressed his opinion that building the rehab facility would help property values, and bring employment and revenue to the Village. He reported he had looked up similar facilities to see what was going on and to see what the police departments had to say about them. One high end rehab was in Destin, Florida, and he had been amazed to learn the majority of their clients were athletes at several high end facilities. The Destin facility had been open for 7 years and the police had been to the facility 4 times - -for 3 cases of fraud (where a client passed bad checks) and one case of dispute between an employee and staff member. The other high end facility was in south side Palm Beach, which had no issue with police. Paramedic issues were responses to patients falling, and if the paramedics responded the facility paid, not the patient. Council Member Humpage envisioned this facility as an asset to the Village, providing another means of revenue. Mayor Watkins commented it was obvious Council Members were doing their homework. She believed the impact to those living next to the facility would be positive, since this would be a resort quality oasis with the goal of being a world Minutes — Village Council Workshop 2/22/11 Page 5 class facility that would be a model. She commented she did not believe it would be intrusive to the Village or a detriment to quality of life; she would never bring something to the Village she felt was harmful, and she was comfortable with it. Village Manager Couzzo confirmed for the Vice Mayor that the language would be changed from 10 units to 8 units with Council consensus. Vice Mayor Paterno commented if this business was approved he wanted to make sure it worked for the community rather than the community fitting into the applicant's plan. He wanted to make sure there were enough safeguards that GMH could attract the patients they wanted. He had visited the Juno facility and the police calls were along the lines of what Council Member Humpage had reported. He was on the fence about the facility - -he felt this could be a great thing for the community, but had received three emails against it. The 8 units had been a big hurdle for him. Abby Brennan commented she was comfortable with the comments that had been made. Eleanor Howe, Lighthouse Cove, asked about this property being sold to someone else. Mayor Watkins responded GMH could sell the property; however, the Village, Alterra, and the new owner had to agree what would be placed there - -a rehab facility, town houses or multifamily homes. Attorney Davis advised there was nothing in the code or use agreement that addressed price points or low income or workforce housing, so that was a possibility. If GMH was unsuccessful, someone could buy it and put in town homes that sold for $70,000 each. John Parker, Lighthouse Cove - commented on Vice Mayor Paterno's struggle over the issue and asked if there was something specific he was looking for. The Vice Mayor responded it was just the idea of whether we wanted a rehab in the Village. Mr. Parker commented he had taught in Malibu, California, and they were working out there. ANY OTHER MATTERS Council Member Arena commented he liked the Lighthouse Lines newsletter. Council Member Humpage asked for Council's permission to have the Fire Department stand by while the American Legion burned American nylon flags. Vice Mayor Paterno responded this could be discussed at the special meeting, since no action could be taken at a workshop. Minutes — Village Council Workshop 2/22/11 Page 6 ADJOURNMENT MOTION Council Member Humpage moved to adjourn the meeting at 7:29 p.m.; seconded by Council Member Paterno, motion carried unanimously 5 -0. 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.