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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_12/13/2012 MINUTES VILLAGE OF TEQUESTA WORKSHOP Monday, October 1, 2012 CALL TO ORDER AMD ROLL CALL The meeting was called to order at 5:30 p.m. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Steve Okun, and Council Member Frank D'Ambra arrived at 5:37 p.m. Also present were Manager Couzzo, Attorney Davis, Clerk McWilliams, and Department Heads. APPROVAL OF AGENDA 1. Annexation Accountabiliiy and Review of Process, Deadlines, and Elections Nilsa C. Zacarias, Director of Community Development offered a presentation, noted annexation accomplishments and explained predicted results going forward. Mr. James Weinand, Fire Chief, clarified service areas relating to annexation areas and the municipali�Ey's responsible for servicing particular locations. Council discussed annexation responsibiFty benefits, strategy, time frames, and tax rates. Attorney Davis offered ordinance details and potential resident voting clarification. Council agreed to continue their annexation focus on area C and begin development of annexation strategies on areas B& D, simultaneously, with a target date of November 2013. Attomey Davis left the meeting at 6:21 p.m. 2. Branding Survey Review Council Member Okun noted details in relation to a research questionnaire and suggested a third party administer it. He also offered his input an additional marketing ideas, parks and recreation, economic development and restaurant recruitment. Council Member Okun noted that equipment along with additional organization and cooperation would be needed to move forward wrth the initiatives. Council discussed utilizing volunteers, locating man power and funds necessary for implementation along with enhancing real estate values. Council also conversed on wording and incentives for a resident survey, encouraging survey participation, revamping the Village logo and additional ideas which would benefit the Village. Council suggested multiple ideas toward marketing strategies and prioritizing goals including informational brochures and filming opportunities. They encouraged Council Member Okun to move forward with ventures which costs nothing and prioritize additional projects as funds became available. � Village Council Workshop Meeting Minutes October 1, 2012 Page 2 3. Strategic Planning a. Setting financial / budget �nchmarks Manager Couzzo briefed Council on the CWA (Communications Workers of America) time expiration lapse regarding the health insurance agreement and stated that all previously offered options by Tequesta had expired. Mayor Paterno noted the approximate total of appropriated heafth insurance funds of $923,431, and that the figure included an HSA (Hea�th Savings Account) employee funding offer. Manager Couzzo explained that projected �Ilage expenses would not be covered by revenues in the upcoming budget. Ms. JoAnn Forsythe, Director of Finance, explained variabfes inside the budget affecting the changes. Mayor Paterno suggested Tequesta place the purchase of tasers in the budget in lieu of incurring additional rentaUlease expenses. Manager Couzzo noted that the sale of confiscated boats would add revenue to the budget. Council discussed boat hours of operation and suggested better coverage hours to adhere with the most populated periods. Mayor Paterno suggested police schedules be adjusted to coincide with the times of unlawful activities. Manager Couzzo noted several of his continued keeping a close watch on the budget. He sfated he did not anticipate changes to future revenues and would keep Council updated on a quarterly basis. Council discussed taxes remaining unchanged, reducing the budget and non-residential fees for park events. 4. Succession Planning — Update on Assessment of Short Term and Long Term Capabilities Council discussed multiple scenarios for staffing options for covering departments in various situations. 5. Mission Statement Review and Discussion Item was tabled until the next workshop. ANY OTHER MATTERS Council discussed Village events; vendors, volunteers, police protection and motion sensors. Village Council Workshop Meeting Minu#es October 1, 2012 Page 3 ADJOURNMENT MOTION: Council Member Okun moved to adjoum the meeting; seconded by Council Member Brennan, and unanimously carried 5-0. Therefore the meeting was adjoumed at 9:45 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 Viltage Clerk's office. MINUTES VILLAGE OF TEQUESTA WORKSHOP Monday, October 17, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:30 p.m. Present were: Mayor Tom Paterno, Council Member Abby Brennan, and Council Member Steve Okun. Also present were Manager Couzzo, Attorney Davis, Assistant to the Clerk Deanna Mayo, and Department Heads. Vice Mayor Vince Arena arrived at 5:32 p.m. and Council Member Frank D'Ambra arrived at 5:36 p.m. APPROVAL OF AGENDA Consensus of Council was to change the order of the two agenda items. 2. Discussion on Feral Cat Report Manager Couzzo not�l the increase of feral cats in the Village and offered to meet with St. Judes Church regarding the possibility of a joint effort to rid the area of the problem. Attomey Davis noted strategies and fees associated with the endeavors which other municipalities, with the same issue, were opting for. Council sugges#ed placing signs in the problem areas stating �Ilage Code and requesting adherence. They discussed The Village taking full responsibility versus alternative options and costs. Involving residents for assistance was also discussed. Manager Couuo stated he would look into trapping, sterilizing and releasing. 1. Discussion on Jupiter Inle# Colony (JIC) Fire Rescue Agreement Manager Couzzo updated Council on the present state of negotiations regarding the Fire Rescue agreement with JIC (Jupiter Inlet Colony). He also noted many outside municipal factors affecting the negotiatio�s. Manager Couzzo stated he would meet with Mayor Comerford to get a better understanding of JIC's stance and desires. Attorney Davis left the meeting at 6:00 p.m. Manager Couzzo noted that doing business with JIC was preferred but not necessary for Tequesta's survival. Council Member D'Ambra expressed his thought that it would be ill received for the County to offer a deal to JIC without other municipalities feeling entitled to the same offer. He believed the move would cause rebuttal, therefore; eradicating the offer. Council Member Brennan fe� the Village offered a service in which all residents should be treated equally. Mr. Ray Giblin, Firefighter, Paramedic, suggested staying with the original intention which was parity. Village Council Workshop Minutes October 17, 2012 Page 2 ANY OTHER MATTERS Council Member Okun offered to hold a contest to name the Village dog park. Consensus of Council was for Council Member Okun to craft and implement a residential contest for the purpose of naming the dog park. Council Member Okun suggested yeariy support for Busch Wildlife. He suggested a beautification committee supported by volunteers and donations, real-estate and restaurant enhancement initiatives and an emergency service brochure. Council Member Brennan suggested contacting realtors for their involvement. Council Member D'Ambra supported only committing funds toward reducing the deficit. Manager Couzzo felt that the 1 quarter de�cit figures would come in better than previously expected and stated, there would also be savings in the police budget with a portion to be used to purchase tasers. Council discussed the upcoming resignation of the Chief of Pofice, the dynamics which accompanied finding a replacement and a committee to assist in the search. Manager Couzzo expressed his belief that the substitute may come with a cost savings to the Village. Vice Mayor Arena informed Council that South Florida Water Management (SFWM) would be converting septic tanks to a sewer system at Tequesta Park. Manager Couzzo stated he would research who the responsible party would be for the potential costs associated with the project. Mayor Paterno noted that a resident had voiced interest in utilizing Constitution Park for a regular monthly church service. Manager Couzzo responded that the request would need to be researched as he believed that no one could reserve a regularly scheduled date. Mayor Paterno voiced his feelings on acknowledging resident happenings as a Mayor and suggested that letters of gratitude be generated by council members in which he would sign once comprised. Manager Couzzo noted that Mr. Russetl Wh�te, Public Services Manager, had recently offered to assist at the water plant. He also reported that he had requested the finance director meet with the pension actuary to re-analyze the Village's contributions and the funded liability to evaluate adjustments commencing from upcoming personnel changes. ADJOURNMENT MOTION: Council Member Okun moved to adjoum the meeting; seconded by Vice Mayor Vince Arena, and unanimously carried 5-0. The►�+efor�e the meefing was adjoumed at 8:36 p.m. Village Council Workshop Minutes October 17, 2012 Page 3 RespectFully submitted, Deanna Mayo �►ssistant to the �Ilage 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 ANNEXATION WORKSHOP (Riveraide on the Loxahatchee) Wedn�sday, October 24, 2012 CALL TO ORDER ANp ROLL CALL The meeting was cailed to order at 6:07 p.m. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Steve Okun, and Council Member Frank D'Ambra. Alsa present were Manager Couzzo, Clerk McWilliams, and Department Meads. Attomey Davis did not attend the meeting. Village Manager Couzzo welcomed the Riverside on the Loxahatchee residents and introduced the Village Council and staff. He exptained the Village was a full service community with a fully equipped fire rescue and police department, parks and recreation program and water utility plant. Meeting participants mentioned they were Tequesta residents thirty-four years ago however, moved due to a robbery. Manager CouZZO explained the Village was a much different place today with significant law enforcement advances made to help deter crime. He reviewed the quick response times of the public safety department and noted the fire department had advanced life saving technology. An unincorporated resident commented on the drainage ditch across the street with sand intrusion from the river causing water flow problems. Mr. White noted this was a County issue. Additionally, the residents mentioned palm trees had been struck by lightning during the 2p04 hurricanes and their unsuccessful attempt to have the County come out and trim them back. They advised, ultimately, the Village of Tequesta assisted and corrected the problem for the County; however, noted they would have liked the Village to trim the trees back further. Council Member D'Ambra explained as a small community we could control the types of issues mentioned. He discussed being "a part of the community — and taking care of our own." Nilsa Zacarias, Community Development Director, reviewed several services provided by the police department including closed home checks. Another meeting participant stated they had no complaints even though the Village offered a magnificent assortment of services and believed the Village to be awash with cash. She inquired on the annexation process and voiced concern with the Village utilizing Federal funds to build the bridge. Mr. Couzzo noted the Federal funds were taxpayer dollars and that if the Village had not been awarded the stimulus, another city would have received the money. The resident confirmed she was aware of the wonderful services the Village offered and has experienced being totd they were within the County. She asked how the Village funded the fire department and Ms. Zacarias provided an overview on how the County MSTU and Village tax bills were figured. Village Council Workshop Meeting Minutes October 24, 2012 Page 2 Additional questions were addressed conceming the costs to run the fire department, property values, water usage, and concerns with how the Village would go about annexing property (individual or complete areas). Detailed discussion ensued on the process involving the different possible situations. Manager Couzzo clarified Council would not invest taxpayer money if unincorporated area residents were not interested. Residents in attendance voiced their interests in remaining in the County and paying additional for water service, however, did not wish to pay extra for the ser�ices they were already receiving from the Village. Village Council recessed at 6:50 p.m. for a short break. The Council re-adjoumed at 6:53 p.m. Mayor Paterno noted he wanted to review the information Council received over the past few days and voiced concern with providing free services to unincorporated residents. He elaborated that stafF spent a great deal of time on this issue and it did not look promising; a positive outcome was necessary or the Village should wait. Council Member D'ambra agreed the �/illage should continue to be good neighbors, but could not continue to service the unincorporated residents as if they were residents; if they wanted to benefit from the services, they should become a resident. Council Member qkun agreed and did not want to devalue the Village services. Manager Couzzo stated it was not bad to have a good reputation, but acknowledged it was not efficient for staff to spend time � there was not a return on investment and pointed out if the Village was successful some residents would be unhappy if forced to annex. Ms. Zacarias believed the Village should continue to focu� on Nicole and Colette and confirmed the need to move forward with a scenario by the ne�ct Council Meeting in order to remain on track for a potential referendum. Mayor Paterno noted a decision would be made at the November Council AAeeting. There being no further business, the meeting adjoumed at 7:15 p.m. Respectfully submitted, Lori McW7{iams, 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 VILLAGE COUNCIL SPECIAL AAEETING OCTOBER 24, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 5:47 p.m. A roll call was #aken by Village Clerk Lori McWilliams. Present were: Mayor Tom Patemo, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Steve Okun and Council Member Frank D'Ambra. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Village Clerk McWilliams and Department Heads. Aparove Aqenda 1. ORDINANCE 15-12, FIRST READING, An Ordinance of the �Ilage Council of the Village of Tequesta, Florida, 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 Statute� and Sec. 4.02 of the Village of Tequesta Charter Attorney Davis read the title of Ordinance 15-12 into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Vice-MayorAr�ena moved appr�va! of Ordinance �5-12; seconded by Council Member Okun; motion carried unanimously 5-0. 2. Update on Jupiter Inlet Colony Fire-Rescue Agreement Status Village Manager Couzzo provided an update regarding a scheduled meeting with the Jupiter Inlet Colony (JIC) Mayor on October 25, 2012. Council discussion included the neut logical steps, determining JIC's bottom line, County services going over the bridge, time being a factor, and information gathering. Council directed the Manager to conti�ue to gather ir�formation and to report back. Minutes — Special Council Meeting 10/24/12 Page 2 ADJOURNMENT: Council Member Brennan moved to adjoum the meeting; seconded by Council Member Okun. The motion to adjoum carried unanimously 5-0; therefore, the meeting was adjoumed at 5:47 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 mee#ing. 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. AAIIVUTES VILLAGE OF TEQUESTA WORKSHOP Monday, November 5, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order at 5:30 p.m. Present were: Mayor Tom Patemo, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Frank D'Ambra and Council Member Steve Okun. Also present were Manager Couzzo, Clerk McWilliams, and Department Heads. �4PPRQVAL OF AGENDA 1. Review and Discussion on Annexation Proposals Nilsa C. Zacarias, Director of Community Development offered a presentation, her interpretation regarding the endeavor and noted recent resident feedback. Counci{ discussed rules and ordinance regulations associated with annexation along w�h a timeline of past and future strategies. Attorney Davis offered clarification as well. Ms Zacarias felt that residents who expressed concern would most likely attend upcoming meetings to express their feelings. Council discussed conservative strategies in relation to the budget and taxes, and options to soothe resident concems. Council Member Okun felt Tequesta was positioned and capable to provide emergency services when and if the prospect of replacement of county services presented itself. Ms. JoAnn Forsythe, Director of Finance, explained changes in the original out of pQCket budget figures which related to annexation expenditures. Consensus of Council was for Ms. Zacarias to research and bring them back options far Council review at Thursday's regular meeting. 2. Discussion on Business Friendly Issues and Suggestions Council discussed improvements made in the ViHage to appeal to visitors and existing residents. Nilsa C. Zacarias, Director of Community Development voiced her opinion that the use of variances were abused and code issues should be monitored. Attomey Davis responded that the Village ordinance should be adjusted far better consistency. Ms. Zacarias encouraged adaptability toward restaurant needs as well. Council voiced their support and concerns regarding the Village code and variances and directed Attorney Davis to continue with simplification of the code along with focusing on redefining variance language. Council continued to specify changes regarding such concerns as outdoor seating, signage and site plan changes. The Village Attorney was directed to address their concerns and update specific changes. Village Council Workshop Minutes November 5, 2412 Page 2 3. Update on Status of FY 12/13 Budget Ms. JoAnn Forsythe, Director of Finance, offered clar'rfication on the general fund appropriation and other transfers within the budget and noted that the health insurance savings had not yet been processed. 4. Discussion on Park Policies Mr. Greg Corbitt, Director of Parks and Recreation, explained that the policy continued to be a work in progress and was adjusted as needed. Mayor Paterno noted a recent request he received to hold a regularly monthly group meeting. Mr. Corbitt suggested pavilion reservations be limited to four times per year. Council discussed regufating reservations as not to limit resident's use of the park and they suggested alternate options such as grounds security and blackout dates. Mr. Corbitt responded that a resident could be denied or inconvenienced by a reservation previously set by a non- resident and explained that was why price structure was in place to help minimize outside use. Mr. Corbitt explained that reservations must be made and approved through parks and recreation. He sated he would put together language regarding reservations within the policy. Mayor Paterno suggested that once Mr. Corbitt adjusted the palicy he have Attorney Davis view it as well. 5. Revi�w and Discussion of Village Mission Statement Council discussed the draft mission statement composed by Council Member Brennan. Consensus of Council was that the mission statement was complete and adequate. 6. Discussion on Village Support of Busch Wildlife Council Member Okun offered statistics regarding visits from Busch Wildlife and voiced his support for their services �nd what they offered to the residents of Tequesta. He asked that they be considered for a regular charitable gift. Council discussed supporting Busch Wildl'rf'e by offering them the opportunity to reach out in the community via events to assist in raising funds, and by majoriiy felt Tequesta was no# presently in the position to donate. They suggested Busch Wildlife implement a fee based service and discussed animal care and control service being included in the County taxes. Mayor Paterno voiced his feeling that Tequesta should continue their attempt to etiminate the feral cat issue. 7. Discussion on Chief of Police Resignation and Search for Replacem�nt Council Member D'Ambra expressed his concem that, since he had been made aware of more details relating to the Chiefs resignation, he believed the action did not match the error and supported Chief Pitocchelli remaining at the Village in a different position. Village Council Workshop Minutes November 5, 2012 Page 3 Council Member Okun nofied that the Manager was authorized to deal with the issue and Council was strictly prohibited by Village Charter to get involved and, stated his stance was neutral. Mayor Paterno clarified his preference was to be up to date on occurrences in order to respond, in public, if approached on an item. Council Member D'Ambra commented that the item had been added to the agenda to offer faimess in the matter. He felt it had impacted the Village and Council, therefore; Council had a responsibility to the Manager to speak about it as a whole. Attorney Davis cautioned that the meeting was a pubtic forum and that Councii could individually speak to the Manager regarding the issue off the record. He noted that the issue would never be an action item for Council. Manager Couzzo added clarity to the historical timeline regarding the details of concern and no#ed options for retaining the Chief in an altemate position. He clarified that the Chief had requested to be kept on as Captain and thafi the request was under consideration. Council discussed the hiring process, and the Manager clarifed a selection committee for the procedure would narrow down the applicants before the Manager made a decision. He noted Council might have tMe opportun'rty to meet one-on-one with the final candidates'. ANY OTHER MATTERS Council Member Okun expressed his aspiration to create a volunteer group and seek donations of flowers and seek professionals' advice to develop a beaufifcation committee in the Village. He also noted initiatives such as real estate rejuvenation in hopes to distinguish Tequesta. ADJOURNMENT MOTION: Council Member Okun moved to adjoum the meeting; seconded by Vice Mayor Vince Ar�ena, and unanimously carried 5-0. Ther+efore the meeting was adjoumed at 8:48 p.m. RespectFully submitted, Lori McWilliams, AAMC �Ilage 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 Vitlage Clerk. All referenced attachments are on file in the Village Clerk's ofFce. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING NOVEMBER 8, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:00 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Steve Okun and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Arena provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member Brennan; motion carried unanimously 5-0. PRESENTATIONS 1. Recognition of Finance on Receipt of the Certificate of Achievement for Excellence in Financial Reporting Clerk McWilliams read a Certificate of Achievement and Mayor Paterno offered congratulatory words of thanks to Ms. JoAnn Forsythe, Director of Finance; he then presented she and the finance department with an award of excellence. Council Member D'Ambra questioned the remaining balance on item number four. Manager Couzzo responded that the figure was for technology upgrades. CONSENT AGENDA MOTION: Council Member Brennan moved approval of the following Consent Agenda; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 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 3. Approval of Contracts Signed by Manager under $25,000 a. Village of Tequesta and Palm Beach County Police Benevolent Association Health Insurance Memorandum of Agreement. Minutes — Regular Council Meeting 11/8/12 Page 2 b. Toshiba Business Solutions-Copier Maintenance AgreemenbFinance Department. 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 5. Budget Amendments for Fiscal Year 2011/2012 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 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 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 END OF COPISENT AGENDA COMMUNICATIONS FROM CITIZENS Janice Fenwick, 71 Azalea Circle, voiced concern regarding online police blotter, number of patrol zones and difficulty viewing online reports. She asked for further investigation into police department rumors and provided Council with a handout. COMMUNICATIONS FROM COUNCIL Council Member Brennan shared positive feedback received from locals regarding police car color, the police presence in the Village and the officer's compassion expressed toward young skateboarders recently during a call involving the youth. Minutes — Regular Council Meeting 11/8/12 Page 3 Council Member Okun encouraged residents to participate in the Village's online questionnaire. Vice Mayor Arena applauded Tequesta for their successes and wished everyone happy holidays. Mayor Paterno reiterated holiday wishes and encouraged all to spend time with their families. He asked the Chief to speak on the department's recent accomplishment. Police Chief Pitocchelli explained that the police department had been nominated for re- accreditation from their recent submission. He commended Cheryl Foley for the superb job performed on filing all necessary documentation for the endorsement and noted there was not a single correction or critique by the evaluators, which had not occurred with past applications. 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 Attorney Davis read Ordinance 15-12 title into the record. Mayor Paterno opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 15-12; seconded by Council Member Okun; motion carried unanimously 5-0. 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 Minutes — Regular Council Meeting i 1/8/12 Page 4 Attorney Davis read Ordinance 9-12 title into the record. Mayor Paterno opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed MOTION: Council Member Okun moved approval of Ordinance 9-i2; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 11. Ordinance 14-12, Second Readinq, Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 1. Generatly. 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 Attorney Davis read Ordinance 14-12 title into the record. He noted language which was moved within the ordinance and suggested a new sentence be added to read "that antennas located on tower shall not be considered an offsite location" and clarified that the purpose of the tower was to suspend an antenna. Pert Towne, 364 Fairway N. voiced her understanding that there would be no consideration given to rooftop air conditioners on roofs. She asked to strike language stating "viewable for adjacent properties" in the attempt to address the problem of screening. Ms. Towne felt existing stipulations were not equal to all i#ems such as boats and air conditioners. Mayor Paterno questioned if existing roof A/C units would be allowed to remain on the roof when replaced. Attorney Davis stated that the language would need to address their concerns. Nilsa C. Zacarias, Director of Community Development confirmed that the amended language did not apply to rooftop equipment and the intended language covered ground equipment. Mayor Paterno asked if rooftop equipment would be disallowed in the future code. Vice Mayor Arena suggested wind turbines should be addressed as well. Attorney Davis expressed that State Statute prohibited Council from placing restrictions on energy saving Minutes — Regular Council Meeting 11/8/12 Page 5 devices. Council Member Okun suggested rooftop air conditioners be excluded. Mayor Paterno agreed and asked legal to make the change. Attorney Davis suggested addressing the non-conforming section on the December agenda. Council agreed to amend the language to exclude rooftop units and to state that all unit replacements to the current location would be grandfathered in. MOTION: Council Member Okun moved approval of Ordinance 14-12 as amended to exclude rooftop units and allow existing A/C units to remain in existing locations; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 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 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 Attorney Davis read Ordinance 16-12 title into the record. Mayor Paterno opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member Brennan moved approval of Ordinance 16-12; seconded by Council Member D'Ambra; motion carried unanimously 5-0. NEW BUSINESS 13. ANNEXATION UPDATE Nilsa C. Zacarias, Director of Community Development provided an annexation update. She noted that three additional residents had voiced opposition since Monday. Council Member Brennan felt the strategy was too quick and suggested slowing the process for another year. She reminded that timing was important and force was never an option. Minutes — Regular Council Meeting 11/8/12 Page 6 Vice Mayor Arena supported annexing Nicole Circle and Collette Drive and / or waiting for better timing for the entire Area C to be annexed as a whole. Council Member D'Ambra noted that ballot language was due in mid February to follow procedure or could be deferred until the following March which, he felt, would give time to educate the potential annexation areas. Ms. Zacarias suggested reaching out to each resident individually to get their thoughts on annexation. Tim Lawrence, 4412 County Line Road, shared his experience from recently being annexed into Tequesta and believed residents would pay more taxes but did receive better services. He suggested going forward with the annexation. MOTION: Vice Mayor Arena moved to go forward with annexation of Nicole Circle and Collette Drive; seconded by Council Member Okun; motion failed 2-3 with Mayor Paterno, Council Member Brennan and Council Member D'Ambra opposed. MOTION: Council Member D'Ambra moved to proceed with annexation of all parcels within Area C with the option to defer the advance until February; seeonded by Mayor Paterno; motion failed 2-3 with Vice Mayor Arena, Council Member Brennan and Council Member Okun opposed. Attorney Davis noted the item held no action. 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 senrices) 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 Attorney Davis placed six persons under oath in relation to SE 02-12, SE 01-12 and VAR 9-12. He then asked Council for any ex-parte communications. Council Member Brennan stated that she and Ms. Jean Knight, one of the Topper Fitness partners were neighbors and, that she had referred Ms Knight to Ms. Zacarias for any of her business related requirements. Nilsa C. Zacarias, Director of Community Development offered details and back ground on the special exception application. Minutes — Regular Council Meeting 11/8/12 Page 7 Mayor Paterno asked if the facility would hold outside activities. Topper Fitness representative responded that there would not and noted the gym would be high end with qualified ex-professional athletes and a local golfer to assist clientele. MOTION: Council Member D'Ambra moved approval of SE 02-12; seconded by Council Member Okun; motion carried unanimously 5-0. John Isleib, 561 North Cypress Drive commented that Tequesta's process was cumbersome for businesses of this size and suggested the square footage requirement be increased from the present 3,500. Vice Mayor Arena agreed and noted upcoming changes to the code would address the change to an estimated 5,000 square foot requirement being implemented. 15. SE 01-12: Application of Randolph Hansen, Inter Plan Inc., for a Special Excep#ion 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 C. Zacarias, Director of Community Development noted the applicants request and background of SE 01-12. Randy Hansen, Applicant, offered a presentation and explained the project in detail. Timothy Nichols, 133 Magnolia Way, questioned the decrease in parking. He voiced his concerns for the traffic that would be associated with the facility. Mayor Paterno responded that green space was a more preferred option. Council Member D'Ambra expressed his experience with low volume vehicle use at this type of facility. Tim Lawrence, 4412 County Line Road, voiced his support for the project and his concern with the commercial project appearing residential. He suggested adding a buffer. Mr. Hansen offered to meet with Mr. Lawrence regarding his concern. Mayor Paterno confirmed that a buffering wall was proposed in the plan. Joanne Brooks, 128 Magnolia, questioned if the developer could return and request additional square footage be added to the present plan. Attorney Davis responded that if the special exception was approved any new modifications would require a full review by Council. Ms. Brooks questioned the gate to the neighborhood in the case of fire or Minutes — Regular Council Meeting 11/8/12 Page 8 emergency. Mr. Hansen stated that the easement and emergency access was in place and would be maintained. Ms. Zacarias noted there would be opportunities to voice and address any concerns during the special exception process. Jim Hall, 1000 US Hwy 762, Jupiter, noted the facilities future plans for the ALF (Assisted Living Facility), their partners and plans to develop additional ALFs in Florida. Mayor Paterno voiced his concern for the homes adjacent to the property and requested a larger buffer. Mr. Hall responded that he would meet with the owners and address their concerns. He added that the facility did not have loud events or activities planned as the residents would prefer a quiet place to reside. Council Member Brennan questioned if a stipulation could be placed to ensure that parking was not independent of the facility if the use changed from an assisted living and memory care. Mr. Hansen agreed to the stipulation. Louis Lwowski, 137 Magnolia Way, voiced his concern for other ALF facilities in the area not being at full capacity. He also recalled the previous developer (John Bourassa) discussing issues during his presentation regarding the privacy wall. Mr. Hall responded that the areas current facilities were virtually full. Mr. Lwowski expressed his support for the facility but felt water drainage issues could possibly affect the residential area of Riverside Oaks. Mr. Hansen responded that the large retention area he was referring to would be maintained. � Ms. Zacarias stated that she had been contacted by Ken Martinson who neighbored the project. She noted that he was not opposed but would like to work with the applicant to protect an oak tree in the vicinity. MOTION: Council Member Brennan moved approval of SE 01-12 as amended to stipulate the parameters that the builders and architect would only be an Assisted Living Facility with memory care; seconded by Council Member Okun; motion carried unanimously 5-0. 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 Minutes — Regular Council Meeting 11/8/12 Page 9 forward of the front building line. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. Attorney Davis offered a brief explanation of the item. Mayor Paterno asked for comments; there being none he asked for a motion. MOTION: Council Member Okun moved approval of Variance 9-12; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 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 noted the benefits of purchasing tasers versus the continuation of leasing, and suggested purchasing through the Taser Corporation. Manager Couzzo explained that the purchase was being appropriated from the General Fund since the Police Trust Fund had been assigned to the Drug Enforcement Administration (DEA) salaried officer and, he believed the funds would be reimbursed by the police department by year's end from alternate revenue generating events. Council Member Brennan confirmed that the Manager would return the $26,000 at the end of the year if at all possible. MOTION: Council Member Okun moved approval of Resolution 29-12 as recommended by the Manager, seconded by Vice Mayor Arena; motion carried 3-2 with Mayor Paterno and Council Member D'Ambra opposed. After the vote, Village Manager asked for clarification on what was approved and restated his recommendation was to transfer from the existing personnel operations budget account of the police department to accommodate the purchase; however, he would come back to Council in the course of the year to make this up, if possible, and Council could make the appropriation at that time; thereby keeping the budget whole. MOTION FINALIZED: Based on that clarification the vote was 5-0 unanimous. 18. Council Approval to Upgrade of the Head of the Water Distribution Department Position to Utilities Engineer with the Expanded Duties and Responsibilities Minutes — Regular Council Meeting 11/8/12 Page 10 Item removed by Manager previous to meeting. 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 Attorney Davis read Ordinance 18-12 title into the record and noted changes and summarized the ordinance. Manager Couzzo noted the amendment to the pension ordinance for police needed to be done along with the existing contract with the Police Benevolent Association (PBA) which would affect all new police personnel. He reminded Council of changes legislated through the PBA contract three years ago, the affects for the receipt of 185 funds and explained hiring changes for new officers which the department had been previously restricted from doing until February. Council Member D'Ambra suggested a member from each pension board offer quarterly updates at regular Council meetings. Council agreed that a Public Safety Pension representative would report during the February and August Council meetings and the General Employee Pension Board would report in May and November. MOTION: Council Member Okun moved approval of Ordinance 18-12 with the addition of quarterly pension reports; seconded by Council Member D'Ambra; motion carried unanimously 4-0. STANDING REPORTS Villaqe Attornev Attorney Davis noted the Inspector General funding law suit was heard and a response from the Judge had not been given as of yet. He also noted that the State Attorney had agreed to be the grand jury to investigate the Inspector General and policies and procedures put into place by the County. Minutes — Regular Council Meeting 11/8/12 Page 11 Villaqe Manaqer Manager Couzzo welcomed Topper Fitness to the Village. ANY OTHER MATTERS Vice Mayor Arena suggested Greg Corbitt, Director of Parks and Recreation (P&R) directly work with Citizens on Patrol (COP) for Village event coverage. Mayor Paterno felt they should fall under the police department and not P&R. Council Member Brennan asked for a monthly standing report to be given to Council on new building permits and occupational licenses so that Council could welcome them to the area. Mayor Paterno noted that he received regular business reports and welcomed new business presently. He offered to have the same report sent to each Council member. Mayor Paterno asked that Council also be alerted on special exceptions. Manager Couzzo stated that current potential applicants could be affected by existing Village Code and, he felt he would like to meet with Council to get their individual feedback on the pre-existing non-conformities. ADJOURNMENT: Council Member Okun moved to adjoum the meeting; seconded by Vice-Mayor Arena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 8:50 p.m. Respecifully 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.