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HomeMy WebLinkAboutAgenda_Regular_11/08/2012 VILLAGE OF TEQUESTA AMENDED AGENDA Tequesta Village Hall 11/8/12 345 Tequesta Drive Item 18 & 19 a , !,s Regular Council Meeting Thursday, November 8, 2012 6:00 p.m. CALL TO ORDER ROLL CALL Mayor Tom Paterno Council Member Frank D'Ambra Vice-Mayor Vince Arena Village Manager Michael Couzzo Council Member Abby Brennan Corbett and White, P.A. -Attorney Council Member Steve Okun Village Clerk McWilliams and Department Heads INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Mayor Arena APPROVAL OF AGENDA PRESENTATIONS 1. Recognition of Finance on Receipt of the Certificate of Achievement for Excellence in Financial Reporting — Mayor Tom Paterno [TAB 1] CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 2. MINUTES: 8/11/12 Workshop, 8/22/12 Special, 9/18/12 Special, 9/18/12 Workshop; 9/20/12 Special, 10/11/12 Regular, 10/22/12 Annexation Workshop — Lori McWilliams, Village Clerk[TAB 2] 3. Approval of Contracts Signed by Manager under $25,000 — Village Manager Couzzo [TAB 3] a. Village of Tequesta and Palm Beach County Police Benevolent Association Health Insurance Memorandum of Agreement. b. Toshiba Business Solutions-Copier Maintenance Agreement/Finance Department. Agenda — Regular Council Meeting 11/8/12 AMENDED AGENDA Page 2 11/8/12 Items 18 & 19 c. Tyler Technologies Web-Based Training Purchase AgreemenbFinance Department d. ComLog Recorder Warranty Service Renewal Agreement. e. Car-Comm, Inc. Radio Maintenance Agreement. f. Altima Lighting, Inc. Proposal for the Water Treatment Plant. 4. Resolution 30-12, Approving a Proposal from Maroone Dodge of Pembroke Pines Florida for the Purchase of a Police Car in the Amount of $27,584.00 — Police Chief Pitocchelli[TAB 4] 5. Budget Amendments for Fiscal Year 2011/2012 — JoAnn Forsythe, Finance Director [TAB 5] 6. Resolution 31-12, Rolling Fiscal Year 2011/2012 Funding into Fiscal Year 2012/2013 to Complete Purchases that were Approved and Funded but not Completed in Budget Year Ending 9/30/12 - JoAnn Forsythe, Finance Director[TAB 6] 7. Resolution 26-12, Calling for the General Municipal Election to be held Tuesday, March 12, 2013, and if necessary, the Municipal Run-Off Election to be held Tuesday, March 26, 2013, for the Purpose of Electing Council Seats 2 and 4 for Two Year Terms; Requesting the Palm Beach County Supervisor of Elections Conduct the Election; Designating Polling Locations; Naming the Canvassing Board; and Establishing Election Procedures — Village Clerk McWilliams [TAB 7] 8. Council Approval of Agreement for Vote Processing Equipment Use and Election Services by and Between the Palm Beach County Supervisor of Elections and the Village of Tequesta - Village Clerk McWilliams and Attomey Davis [TAB 8] END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Public comments / communications from citizens are limited to 3 (three) minutes. Anyone wishing to address Council should complete a "Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. �� .�,,.t�„ Agenda — Regular Council Meeting 11/8/12 AMENDED AGENDA Page 3 11/8/12 Items 18 � 19 COMMUNICATIONS FROM COUNCIL REGULAR AGENDA OLD BUSINESS 9. Ordinance 15-12, Second Readinq Annexing Three (3) Parcels of Real Property Comprising a Total of 0.7278 Acres, More or Less, Located at 19578 U.S. Highway 1, 19590 U.S. Highway 1, and 19600 U.S. Highway 1, as More Particularly Described Herein; and AdditionallyAnnexing those Portions of U.S. Highway #1, Inlet Court, Palm Court and the Easterly Right of Way Buffer Adjacent Thereto; Providing that the Subject Parcels and Rights of Way are Hereby Annexed Pursuant to Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter - Nilsa Zacarias, Community Development Director[TAB 9] 10. AMENDED BACKUP PROVIDED BY LEGAL — 11/05/12 Ordinance 9-12, Second Readinq, Amending its Code of Ordinances at Chapter 78. Zoning. Article XII. Flood Damage Prevention. by Repealing this Article in its Entirety and Re-Adopting it to Provide Updated Regulations in Conformance with Requirements of the National Flood Insurance Program; Adopting Certain Administrative Amendments to the Florida Building Code Pursuant to Sec. 553.73(5), Florida Statutes, in Furtherance of the National Flood Insurance Program — Village Attomey Davis [TAB 10] 11. Ordinance 14-12, Second Readinq, Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 1. Generally. by Updating this Division to Add Regulations Regarding Finished Floor Elevation, the Use of Energy Savings Devices, Home Occupations, Manufactured Housing and the Placement and Screening of Emergency Generators and Other Mechanical Equipment, and by Removing References to Broadcast and Receiving Antenna Regulations and Satellite Dish Regulations for Re-Location in Division 5; Further Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 5. Wireless Telecommunication Towers and Antennas. by Updating this Division to Re-Locate Certain Regulations Regarding Broadcast and Receiving Antenna and Satellite Dishes — Village Attomey Davis [TAB 11] 12. Ordinance 16-12, Second Readina, Amending Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. at Section 34-61. Florida Fire Prevention Code � ".�,,,,r„ , � Agenda — Regular Council Meeting 11/8/12 AMENDED AGENDA Page 4 11/8/12 Items 18 � 19 Adopted. and Section 34-63. Fees. to Replace all References to Special Masters with References To Special Magistrates; by Further Amending Chapter 34. Fire Protection and Prevention. Article V. Pre-Hospital Emergency Medical Service. at Section 34-125. Fee Schedule; Payment of Fees. to Eliminate the Requirement that Delinquent User Fees for Emergency Medical Care Treatment and Transportation be Sent to the Code Enforcement Special Master for The Village of Tequesta; Providing that Such Delinquent User Fees shall now be sent to a Debt Collection Agency for Collection — Village Attorney Davis [TAB 12) NEW BUSINESS 13. ANNEXATION UPDATE — Nilsa Zacarias, Community Development Director[TAB 13] 14. SE 02-12: Application of Cinde Topper, Topper Fitness 8� Health, LLC., for a Special Exception Use pursuant to Section 78-180. MU District (i) (14) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use (personal services) approval for an existing 4,200 square foot building in the Mixed-Use zoning District. The subject property is located at 130 N. US Hwy. 1, Tequesta, FL 33469 - Nilsa Zacarias, Community Development Director[TAB 14] 15. SE 01-12: Application of Randolph Hansen, Inter Plan Inc., for a Special Exception Use pursuant to Section 78-174. R-2 Multiple-Family Dwelling District (d) (11) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at Tequesta, a 96 unit assisted living/memory care facility. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. Nilsa Zacarias, Community Development Director[TAB 15] 16. VAR 9-12: Application of Randolph Hansen, Inter Plan Inc. for a Variance from Code Sec. 78-705.- Required number of parking spaces, (1) & (31). and Sec. 78-284.-Walls and Fences. The proposed project is Tuscan Gardens at Tequesta, a 96 unit assisted living/memory care facility (Adult living facility). Per Code, the proposed project requires 165 parking spaces. The applicant is seeking a variance to provide 100 parking spaces. Further, per Code, walls/fences may not be constructed forward of the front building line. The applicant is seeking a variance to allow the construction of a wall/fence forward of the front building line. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. Nilsa Zacarias, Community Development Director[TAB 16] ,�,,,,�r„-- �M� Agenda — Regular Council Meeting 11/8/12 AMENDED AGENDA Page 5 11/8/12 Items 18 & 19 17. Resolution 29-12, Authorizing the Use of $26,128.75 from the General Fund Balance to Purchase Twenty (20) Electronic Control Devices from DGG Taser and Tactical Supply — Police Chief Pitocchelli [TAB 17] 18. ITEM REMOVED PER MANAGER ON 1116/12 TITLE AMENDED PER VILLAGE ATTORNEY 11/6/12 19. Ordinance 18-12, First Readinq, Amending the Village Code of Ordinances at Chapter 2. Administration. At Article II. Village Council, to provide Clarifying Language and Internal Consistency; at Article III. Officers, Employees and Departments, to Close the Public Safety Pension Plan to Newly Hired Police Officers after January 1, 2013 and Amending Exhibit B Accordingly and to make Certain Investment Changes Recommended by the Fund's Investment Manager and Monitor, and to provide for various Village Officers and Departments; at Article IV. Code Enforcement, to Revise the Term of Employment for the Code Enforcement Special Magistrate, and to Update Notice Requirements in Accordance with State Law; and at Article V. Elections, to provide Clarifying Language and Internal Consistency and to provide for the Filling of a Council Member Elect Vacancy— Village Afitomey Davis [TAB 19] STANDING REPORTS • Villaqe Attornev • Villaqe Manaqer ANY OTHER MATTERS ADJOURNMENT *** ,�,,,��„ � Agenda — Regular Council Meeting 11/8/12 AMENDED AGENDA Page 6 11/8/12 Items 18 & 19 PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNICATIONS FROM CITIZENS: Public comments / communications from citizens are limited to 3 (three) minutes. Anyone wishing to address Council should complete a "Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments subject to the three-minute limitation. Village Council Meetings are public business meetings, and as such, the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's O�ce at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wireless hearing system receivers are available by requesting the same from the Village Clerk. SCHEDULE OF MEETINGS AND EVENTS All meetings are he/d in the Village Council Chambers 345 Tequesta Drive un/ess otherwise indicated Date Meeting Type Time Monday, December 3, 2012 Workshop 5:30 p.m. Thursday, December 13, 2012 Regular Council Meeting 6:00 p.m. Monday, January 7, 2013 Workshop 5:30 p.m. Thursday, January 10, 2013 Regular Council Meeting 6:00 p.m. Monday, February 4, 2013 Workshop 5:30 p.m. Thursday, February 14, 2013 Regular Council Meeting 6:00 p.m. Municipal Election —Tuesday, March 12, 2013 Qualifying Period —January 29, 2013 from Noon — February 12, 2013 at Noon ,�,,,,'—' � VILLAGE OF TEQUESTA Tequesta Village Hall 345 Tequesta Drive . � ,. ; Regular Council Meeting Thursday, November 8, 2012 6:00 p.m. CALL TO ORDER ROLL CALL Mayor Tom Paterno Council Member Frank D'Ambra Vice-Mayor Vince Arena Village Manager Michael Couzzo Council Member Abby Brennan Corbett and White, P.A. - Attorney Council Member Steve Okun Village Clerk McWilliams and Department Heads INVOCATION AND PLEDGE OF ALLEGIANCE Vice-Mayor Arena APPROVALOFAGENDA PRESENTATIONS 1. Recognition of Finance on Receipt of the Certificate of Achievement for Excellence in Financial Reporting — Mayor Tom Patemo [TAB 1] CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 2. MINUTES: 8/11/12 Workshop, 8/22/12 Special, 9/18/12 Special, 9/18/12 Workshop; 9/20/12 Special, 10/11/12 Regular, 10/22/12 Annexation Workshop — Lori McWilliams, Village Clerk [TAB 2] 3. Approval of Contracts Signed by Manager under $25,000 — Village Manager Couzzo [TAB 3] a. Village of Tequesta and Palm Beach County Police Benevolent Association Health Insurance Memorandum of Agreement. b. Toshiba Business Solutions-Copier Maintenance Agreement/Finance Department. Agenda – Regular Council Meeting 11/8/12 Page 2 c. Tyler Technologies Web-Based Training Purchase Agreement/Finance Department d. ComLog Recorder Warranty Service Renewal Agreement. e. Car-Comm, Inc. Radio Maintenance Agreement. f. Altima Lighting, Inc. Proposal for the Water Treatment Plant. 4. Resolution 30-12, Approving a Proposal from Maroone Dodge of Pembroke Pines Florida for the Purchase of a Police Car in the Amount of $27,584.00 – Police Chief Pitocchelli [TAB 4] 5. Budget Amendments for Fiscal Year 2011/2012 – JoAnn Forsythe, Finance Director [TAB 5] 6. Resolution 31-12, Rolling Fiscal Year 2011/2012 Funding into Fiscal Year 2012/2013 to Complete Purchases that were Approved and Funded but not Completed in Budget Year Ending 9/30/12 - JoAnn Forsythe, Finance Director [TAB 6] 7. Resolution 26-12, Calling for the General Municipal Election to be held Tuesday, March 12, 2013, and if necessary, the Municipal Run-Off Election to be held Tuesday, March 26, 2013, for the Purpose of Electing Council Seats 2 and 4 for Two Year Terms; Requesting the Palm Beach County Supervisor of Elections Conduct the Election; Designating Polling Locations; Naming the Canvassing Board; and Establishing Election Procedures – Village Clerk McWilliams [TAB 7] 8. Council Approval of Agreement for Vote Processing Equipment Use and Election Services by and Between the Palm Beach County Supervisor of Elections and the Village of Tequesta - Village Clerk McWiUiams and Attomey Davis [TAB 8] END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Public comments / communications from citizens are limited to 3(three) minutes. Anyone wishing to address Council should complete a"Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. COMMUNICATIONS FROM COUNCIL //"�— _ � Agenda — Regular Council Meeting 11/8/12 Page 3 REGULAR AGENDA OLD BUSINESS 9. Ordinance 15-12, Second Readinq Annexing Three (3) Parcels of Real Property Comprising a Total of 0.7278 Acres, More or Less, Located at 19578 U.S. Highway 1, 19590 U.S. Highway 1, and 19600 U.S. Highway 1, as More Particularly Described Herein; and Additionally Annexing those Portions of U.S. Highway #1, Inlet Court, Palm Court and the Easterly Right of Way Buffer Adjacent Thereto; Providing that the Subject Parcels and Rights of Way are Hereby Annexed Pursuant to Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter - Nilsa Zacarias, Community Development Director [TAB 9] 10. Ordinance 9-12, Second Readinq, Amending its Code of Ordinances at Chapter 78. Zoning. Article XII. Flood Damage Prevention. by Repealing this Article in its Entirety and Re-Adopting it to Provide Updated Regulations in Conformance with Requirements of the National Flood Insurance Program; Adopting Certain Administrative Amendments to the Florida Building Code Pursuant to Sec. 553.73(5), Florida Statutes, in Furtherance of the National Flood Insurance Program — Village Attomey Davis [TAB 10] 11. Ordinance 14-12, Second Readinq, Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 1. Generally. by Updating this Division to Add Regulations Regarding Finished Floor Elevation, the Use of Energy Savings Devices, Home Occupations, Manufactured Housing and the Placement and Screening of Emergency Generators and Other Mechanical Equipment, and by Removing References to Broadcast and Receiving Antenna Regulations and Satellite Dish Regulations for Re-Location in Division 5; Further Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 5. Wireless Telecommunication Towers and Antennas. by Updating this Division to Re-Locate Certain Regulations Regarding Broadcast and Receiving Antenna and Satellite Dishes — Village Attomey Davis [TAB 11] 12. Ordinance 16-12. Second Readinq, Amending Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. at Section 34-61. Florida Fire Prevention Code Adopted. and Section 34-63. Fees. to Replace all References to Special Masters with References To Special Magistrates; by Further Amending Chapter 34. Fire Protection and Prevention. Article V. Pre-Hospital Emergency Medical Service. at Section 34-125. Fee Schedule; Payment of Fees. to Eliminate the Requirement that Delinquent User Fees for Emergency Medical Care Treatment and Transportation be Sent to the Code � ,�„�„- � Agenda — Regular Council Meeting 11/8/12 Page 4 Enforcement Special Master for The Village of Tequesta; Providing that Such Delinquent User Fees shall now be sent to a Debt Collection Agency for Collection — Village Attomey Davis [TAB 12] NEW BUSINESS 13. ANNEXATION UPDATE — Nilsa Zacarias, Community Development Director [TAB 13 — Backup to follow] 14. SE 02-12: Application of Cinde Topper, Topper Fitness & Health, LLC., for a Special Exception Use pursuant to Section 78-180. MU District (i) (14) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use (personal services) approval for an existing 4,200 square foot building in the Mixed-Use zoning District. The subject property is located at 130 N. US Hwy. 1, Tequesta, FL 33469 - Nilsa Zacarias, Community Development Director [TAB 14j 15. SE 01-12: Application of Randolph Hansen, Inter Plan Inc., for a Special Exception Use pursuant to Section 78-174. R-2 Multiple-Family Dwelling District (d) (11) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at Tequesta, a 96 unit assisted living/memory care facility. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. Nilsa Zacarias, Community Development Director [TAB 15] 16. VAR 9-12: Application of Randolph Hansen, Inter Plan Inc. for a Variance from Code Sec. 78-705.- Required number of parking spaces, (1) &(31). and Sec. 78-284.-Walls and Fences. The proposed project is Tuscan Gardens at Tequesta, a 96 unit assisted living/memory care facility (Adult living facility). Per Code, the proposed project requires 165 parking spaces. The applicant is seeking a variance to provide 100 parking spaces. Further, per Code, walls/fences may not be constructed forward of the front building line. The applicant is seeking a variance to allow the construction of a wall/fence forward of the front building line. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. Nilsa Zacarias, Community Development Director [TAB 16] 17. Resolution 29-12, Authorizing the Use of $26,128.75 from the General Fund Balance to Purchase Twenty (20) Electronic Control Devices from DGG Taser and Tactical Supply — Police Chief Pitocchelli [TAB 17 — Backup to follow] ,�,,,,�„ � Agenda — Regular Council Meeting 11/8/12 Page 6 PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNICATIONS FROM CITIZENS: Public comments / communications from citizens are limited to 3(three) minutes. Anyone wishing to address Council should complete a"Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments subject to the three-minute limitation. Village Council Meetings are public business meetings, and as such, the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's Office at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wireless hearing system receivers are available by requesting the same from the Village Clerk. SCHEDULE OF MEETINGS AND EVENTS All meetings are he/d in the Village Council Chambers 345 Tequesta Drive un/ess otherwise indicated Date Meeting Type Time Monday, December 3, 2012 Workshop 5:30 p.m. Thursday, December 13, 2012 Regular Council Meeting 6:00 p.m. Monday, January 7, 2013 Workshop 5:30 p.m. Thursday, January 10, 2013 Regular Council Meeting 6:00 p.m. Monday, February 4, 2013 Workshop 5:30 p.m. Thursday, February 14, 2013 Regular Council Meeting 6:00 p.m. Municipal Election — Tuesday, March 12, 2013 Qualifying Period — January 29, 2013 from Noon — February 12, 2013 at Noon .�„�.--. � Agenda — Regular Council Meeting 11/8/12 Page 5 18. Council Approval to Upgrade of the Head of the Water Distribution Department Position to Utilities Engineer with the Expanded Duties and Responsibilities— Village Manager Couzzo [TAB 18] 19. Ordinance 18-12, First Readinq, Amending the Village Code of Ordinances at Chapter 2. Administration. At Article II. Village Council, to Provide Clarifying Language and Internal Consistency; at Article I11. Officers, Employees and Departments, to Close the Public Safety Pension Plan to Newly Hired Police Officers After January 1, 2013 and Amending Exhibit B(Public Safety Officers Pension Trust Fund) Accordingly, and to Provide for Various Village Officers and Departments; at Article tV. Code Enforcement, to Revise the Term of Employment for the Code Enforcement Special Magistrate, and to Update Notice Requirements in Accordance with State Law; and at Article V. Elections, to Provide Clarifying Language and Internal Consistency and to Provide for the Filling of a Council Member Elect Vacancy — Village Attomey Davis [TAB 19] STANDING REPORTS • Villaqe Attornev • Villaqe Manaqer ANY OTHER MATTERS ADJOURNMENT *** � ////IhJ�II -_ �