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HomeMy WebLinkAboutMinutes_Regular_11/08/2012 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 Agreement/Finance 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 CONSENT 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 Reading 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 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 Reading 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 11/8/12 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 -12; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 11. Ordinance 14-12, Second Reading, 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 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 items 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 Reading 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; seconded 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 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 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 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 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 0 1- 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 Reading, 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 Village Attorney 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 Village Manager 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 adjourn 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. Respectfully submitted, � (tz P,-) & �,IJJLLa_ 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.