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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_07/11/2013 MINUTES VILLAGE OF TEQUESTA � REGULAR MEETING ` MAY 9, 2013 > CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. PRESENTATION OF COLORS BY TEQUESTA HONOR GUARD Tequesta Honor Guard presented colors. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford provided the invocation. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member D'Ambra; motion carried unanimously 5-0. PRESENTATIONS / PROCLAMATIONS 1. Proclamation Designating May 15, 2013 as Peace Officers Memorial Day and May 12 - May 18, 2013 as National Police Week Clerk McWilliams read the Peace Officers Memorial Day Proclamation. Chief Elg acknowledged officers everywhere and offered statistics and noted events associated with the declaration. 2. Proclamation Designating May 25, 2013 as National Missing Children's Day Clerk McWilliams read the National Missing Children's Day Proclamation. Mayor Brennan I ' commended Detective Weinblatt, who had been with the Village for approximately 20 years, for his dedication and involvement with the National Missing Children's organization. Detective Weinblatt offered a brief history associated with child abduction and criminal mischief and efforts to prevent such activities nationally. 3. Proclamation Designating the Week of May 19 — 25, 2013 as Emergency Medical Services Week Katie Holland, Summer Intern read the Emergency Medical Service proclamation. Mayor Brennan thanked the Fire department for their service. Chief Weinand kindly accepted the proclamation. Village Council Minutes May 9, 2013 Page 2 Mayor Brennan introduced Tequesta's summer interns Katie Holland and Gregory Fabiano. 4. Proclamation Designating May 2013 as Water Conservation Month A representative for Water Conservation was not in attendance, Proclamation was not read. 5. General Employee Pension Board Update Michael Rhodes, General Employee Pension Board Chair, offered current and historical data related with the pension plan. Council Member D'Ambra questioned bond investments and funding of the plan. Mr. Rhodes responded with research facts associated. Mayor Brennan thanked Mr. Rhodes for his volunteerism. 6. Conceptual Plan Presentation by GMH Michael Holloway, Representative of GMH Ventures, offered a presentation and background regarding their need for a zoning text amendment. Mr. Holloway explained outpatient and inpatient services, insurance provider's stipulations and he interpreted licensing language. He also noted their relationship with DCF (Department of Children and Families) and the strict stipulations which came with that business relationship. Council voiced their concerns regarding development of a transient environment and felt an agreement stating acceptable boundaries should be developed for clarity and future owners. Council Member Paterno expressed his feelings regarding their success but was concerned with the outpatient element of the industry. He also noted Village resident's previous concerns with detoxification facilities. Mayor Brennan did not support the insurance request and felt the original Council approved agreement was sufficient. Brian Nilan, 254 Village Blvd., voiced his concerns with the request to change the original agreement and assurances. Michael Holloway responded that their request was changing language and definitions strictly intended for insurance purposes which allowed three outpatient clients and would not change the intent of the original agreement. 7. Presentation by the Gehring Group on the Determination of the Taxable/Fair Market Value of Overage Dependant Health Insurance Coverage Ms. Merlene Reid, Human Resources Director, explained that the IRS had no guidelines regarding fair market value in relationship to employees insurance coverage on children over the age of 26. Cindy Thompson, Gehring Group offered data from similar groups to assist with establishing a value. Mayor Brennan shared that the decision would impact deductions for employees and made retroactive to January 1, 2013. Council Member Paterno stated he supported number option Village Council Minutes May 9, 2013 Page 3 three. Consensus of Council was option two ruling imposing a 60 % taxation on the value of premiums - PPO $415.47 or HSA $323.47. CONSENT AGENDA Mayor Brennan disclosed that she was an officer with FOPS (Friends of Public Safety) and had a voting conflict. She asked that item 13 be pulled for discussion. MOTION: Council Member Okun moved approval of the Consent Agenda with item 13 pulled by Mayor Brennan; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 8. MINUTES — 3/4/13 Workshop; 4/1/13 Workshop; 4/4/13 Workshop; and 4/11/13 Regular Meeting 9. Approval of Contracts Signed by Manager under $25,000 a. Sheehan Turf Care, Inc. Proposal — Service Agreement b. Papico Construction, Inc. Proposal — Constitution Park walking trail repair, patch & painting. c. FP Mailing Solutions Customer Agreement — Upgraded postage machine; current unit obsolete. 10. Resolution 6-13, Declaring Certain Property to be Surplus and Directing the Village Manager to Dispose of Surplus Property in Accordance with the Village's Adopted Procedures for Disposing of Surplus Village Properiy (Confiscated Scarab Boat) 11. Resolution 7-13, Declaring Certain Property to be Surplus and Directing the Village Manager to Dispose of Surplus Property in Accordance with the Village's Adopted Procedures for Disposing of Surplus Village Property 12. Approval of Employment Agreement E�ctension between James Weinand and the Village of Tequesta for Fire Chief Services Effective 6/1/2013 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Carol Beresford, owner of Hannah's Home expressed her compassion for helping neighbors and explained costs associated with signage at their facility. She requested that the fee be waived. Nilsa C. Zacarias, Director of Community Development offered an update on the project and clarified costs associated. Manager Couzzo suggested waiving the $300 fee. MOTION: Council Member Okun moved approval to waive the $300.00 Planning & Zoning fee for Hannah's Home signage; seconded by Council Member D'Ambra; motion carried 4-1 with Village Council Minutes May 9, 2013 Page 4 � Council Member Paterno dissenting. Harold Taylor, 13 Chapel Court voiced his support for the new business Time to Eat. COMMUNICATIONS FROM COUNCIL Vice Mayor Arena summarized Village resident's gratitude expressed through letters and verbal kudos toward the Village. Council Member Frank D'Ambra expressed his support regarding GMH's request and business efforts. Council Member Paterno voiced his feelings that five percent outpatient allowance was too much and suggested a compromise. Mayor Brennan voiced her concerns that there was not an initial business plan and Village residents had previously voiced concerns. REGULAR AGENDA 13. Approval to Co-Sponsor F.O.P.S. Outreach Project — Third Annual Chili Cook-off and Beer Tasting Event on November 9, 2013 from 2 p.m. — 6 p.m. at Paradise Park Attorney Davis explained the item and Mayor Brennan's involvement. Mayor Brennan not she was filing a voting conflict. MOTION: Council Member Okun moved approva/ of item 13; seconded by Council Member Paterno; motion carried unanimously 4-0. Mayor Brennan abstained. OLD BUSINESS 14. Ordinance 6-13 — Second Readinq, Amending the Village Code of Ordinances at Chapter 10. Animals, by Revising the Definition of "At Large" and Providing a New Definition for the Term "Community Cat", and Providing for the Adoption by the Village Council of Authorized Community Cat Control and Regulation Programs; Further Revising the Code Regarding Number of Household Pets, and by Creating a New Classification and Certain Requirements for Aggressive, Dangerous and Vicious Dogs Attorney Davis read Ordinance 6-13 title into the record. Jay Rodrigues, Save-A-Pet offered suggestions and updates regarding the TNR program (Trap, Neuter, and Release), procedures with feeding stations and offered suggestions to assist. Attorney Davis noted that Ms. Rodrigues was referencing old language from agenda backup that had since been amended. Harold Taylor, 13 Chapel Court, voiced his understanding with complaints regarding feral cats using residential sand boxes as litter boxes. He stated that the referenced Homeowners Association did not allow sand boxes in the development and felt the rule would void the complaint. He also supported the Village's plan to address feral cats. Village Council Minutes May 9, 2013 Page 5 Brian Nilan, 254 Village Blvd., voiced his frustration with the many cats roaming the property and causing a nuisance. Council Member D'Ambra supported the new Ordinance and believed it addressed important feral cat issues. He felt pet responsibility should be impressed upon owners. Council Member Paterno supported humane elimination or adoption. Vice Mayor Arena agreed that cats added to colonies were a concern and recalled a recent citizen who offered adoption options for any new cats and suggested the offer be researched. Council Member Okun did not support removing new cats and felt TNR was the best solution. Council Member D'Ambra did not support the addition of new cats. Mayor Brennan explained the intention of Ordinance 6-13. Attorney Davis added that the Ordinance was written to enable easy implementation of a Council approved program at a later date without going through the Ordinance process. Mayor Brennan closed the public hearing. MOTION: Council Member Paterno motioned to table the item. Motion died. MOTION: Council Member Okun moved approval of Ordinance 6-13; seconded by Council Member D'Ambra; motion carried 4-1 with Council Member Paterno dissenting. NEW BUSINESS 21. Special Exception and Variance Time Extension Request - Tuscan Gardens ALF Request for Special Exception Use SE 01-12 and Variance VAR 09-12 Time Extension Nilsa C. Zacarias, Director of Community Development offered a history of the item and explained the request. MOTION: Council Member Okun moved approval; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 24. Request by Tequesta Country Club to Obtain Waiver to Allow for an Additional Hour Work Time (until 7:00 p.m.) to Maximize Daylight Savings Time for the Irrigation System Construction Council Member Paterno noted his position in the Club and questioned his voting ability. Attorney Davis confirmed there were no restrictions. Mark Badertscher, Tequesta Country Club General Manager asked for an additional one hour waiver to enable quicker completion of their project and noted that there had been no work performed on Saturdays in consideration of residents. Village Council Minutes May 9, 2013 Page 6 MOTION: Council Member Okun moved approval of the waiver request; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 15. Ordinance 11-13, First Reading, Amending the Village Code of Ordinances at Chapter 22. Community Development, by Amending this Chapter to Provide Internal Consistency, to Provide Final Decision-making Authority to the Planning and Zoning Advisory Board for Certain Site Plan Modifications; to Provide Procedures; Collection of Administrative Fees; and to Clarify Certain Aesthetic Definitions and Policies Attorney Davis read Ordinance 11-13 title into the record and summarized its details. MOTION: Council Member D'Ambra moved approval; seconded by Vice MayorArena. Mayor Brennan opened the public hearing for comments. Council Members Okun and Paterno questioned the Planning and Zoning Board procedures, building scale and interior characteristics rules. Attorney Davis offered clarification and stated the interior regulations would be removed per request of Council Member Paterno. Manager Couzzo explained the Village fee structure and scenarios which he believed could add obstacles to the process. Council Member Paterno suggested fees be reviewed and increased if necessary. He also recommended regulation removal regarding large trees. Attorney Davis suggested requiring a specific number of trees be stipulated in landscape code. Mayor Brennan felt there should be a clear and comprehensive list of possible fees. Nilsa C. Zacarias, Director of Community Development noted the commonality accrued charges if their applications were more intricate than normal. She suggested residents not be required to attend the Planning and Zoning meetings for entry columns and gates. Mayor Brennan closed the hearing. MOTION: Council Member D'Ambra stated the amended changes to his motion as fol/ows: removal of regulation regarding interior characteristics in Sec. 22-81, stipu/ate that residents no /onger be required to attend application approva/ meetings regarding gates and columns; seconded by Council Member Okun; motion carried unanimously 5-0. 16. Ordinance 12-13, First Readinq, Amending the Village Code of Ordinances at Chapter 34. Fire Protection and Prevention, by Clarifying Certain Language and Providing for Internal Consistency Attorney Davis read Ordinance 12-13 title into the record. He stated changes were primarily housekeeping. Council Member D'Ambra questioned the fee change to 180 days in Sec. 35-125(b). Council Member Paterno felt 60 days was sufficient and suggested the option of an additional 30 day extension. Village Council Minutes May 9, 2013 Page 7 MOTION: Council Member Okun moved approval of Ordinance 12-13 as amended with the 180 days reverting back to the origina/ 60 under 35-125(b); seconded by Council Member D'Ambra; motion carried unanimous/y 5-0. 17. Ordinance 13-13, First Readinq, Amending the Village Code of Ordinances at Chapter 42. Law Enforcement, by Creating an Entirely New Article II. Police Department, to Codify the Existence, Responsibilities and Operation of the Village's Police Department Attorney Davis read Ordinance 13-13 title into the record and explained the Ordinance was developed to recognize the police department as a department. MOTION: Council Member Paterno moved approva/ of Ordinance 13-13; seconded by Council Member Okun; motion carried unanimously 5-0. 18. Ordinance 14-13, First Readinq, Amending the Village Code of Ordinances at Chapter 46. Motor Vehicles and Traffic, by Amending this Chapter to Provide Internal Consistency, to Revise Regulations Pertaining to Operation of Golf Carts on Certain Roadways in the Village; by Cross Referencing Off Street Parking Regulations in Article X Of Chapter 78; And By Relocating Chapter 78 Article Ix Division 11 Regarding The Parking Of Commercial Vehicles In Residential Districts Into This Chapter Attorney Davis read Ordinance 14-13 title into the record and offered a brief history. Council Member Okun questioned if state law superseded Village Ordinance 14-13. Attorney Davis responded that the State had specified that local government could implement more restrictive regulations to unlicensed drivers. Vice Mayor Arena questioned the headlight portion and number of cart occupants. Chief Elg responded he was comfortable with the sunrise to sunset headlight regulation and believed seat size would define the number of persons allowed. He explained the goal was to stop persons from over-occupying and/or standing and hanging from carts. Council Member Paterno questioned driving area limits. Manager Couzzo clarified that golf carts would be authorized in the area on the west side of Tequesta Bridge. Mayor Brennan asked if towing from carts could be prohibited. Attorney Davis responded yes. Chief Elg added that state law prohibited hanging or towing from the vehicles. Council Member Paterno suggested stating persons driving must be at least 15 and hold a driving permit. Chief Elg recommended making the law more restrictive. Consensus of Council was to add the requirement of a valid driver's license back in Ordinance 14-13 language. MOTION: Council Member Okun moved approva/ of Ordinance 14-13 with a valid driver's license required for al/ drivers; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Village Council Minutes May 9, 2013 Page 8 19. Resolution 8-13, Adopting a Fee Schedule for Fees and Charges Provided for in Chapter 4. Alarms. of the Village Code of Ordinances; Providing Fees for Excessive Alarms and for Operating an Alarm in Violation of the Alarm User's Permit; and Repealing Fees for Initial Alarm Permit Applications Council Member Paterno suggested a$25 fee with fee increases for additional calls. Attorney Davis noted the existing fee was set at $25 for excessive calls and dictated the first three calls were at no charge. MOTION: Council Member Paterno moved approva/ of Resolution 8-13 as amended with a $25 fee per call, in a calendar year, imposed on the fourth and fifth calls and a$50 fee beginning with the sixth call; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Chief Elg explained the requirements applied to a 12 month period. MOTION: Council Member Paterno moved to reconsider Resolution 8-13; seconded by Council Member Okun; motion carried unanimously 5-0. MOTION: Council Member Paterno moved to amend the previous motion from a calendar year to a twelve month period; seconded by Council Member Okun; motion carried unanimously 5-0. 20. Resolution 5-13, Annual Board and Committee Appointments for 2013/2014 Clerk McWilliams noted the Planning and Zoning Board positions and required changes. Mayor Brennan disclosed that she was a neighbor of applicant Jon Tori. Council Member Paterno noted Mr. Tori's residential longevity. MOTION: Council Member D'Ambra moved to appoint Planning and Zoning members as follows: Janet Strand as a Regular member; reappoint Steve Eagen and appoint Sebastian as Alternate 1& Ashley Warren as Alternate 2; seconded by Council Member Paterno; motion carried unanimously 5-0. Clerk McWilliams noted the Board of Adjustments positions and necessary modifications. MOTION: Vice Mayor Arena moved to appoint Board of Adjustments members as fol/ow: Leslie Dasher as a Regular member; Robert Schubiger as an Alternate member 2; seconded by Council Member D'Ambra; motion carried unanimous/y 5-0. Clerk McWilliams noted changes to additional boards. Attorney Davis established that one motion would cover the remaining re-appointments. MOTION: Vice Mayor Arena moved approva/ of the remaining Board and Committee appointments; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Village Council Minutes May 9, 2013 Page 9 22. Resolution 11-13, Amending the 2013 General Fund #001 Budget in the Amount of $40,865.00 by Increasing Revenues in the "$12.50 Traffic Violation Fund" Account and Increasing General Fund Capital Expenditures in the Police Department #175 to be used to Purchase Capital Equipment and Other Expenses Related to $12.50 Monies which may be allowed Pursuant to the Requirements of Florida Statutes Item was removed from agenda previous to the meeting. 23. Resolution 12-13, Approving the Purchase of Seventeen (17) — Dell Latitude E6430 ATG Laptop Computers from Dell Government Sales to Replace the Existing Units over 6 Years of Age MOTION: Council Member D'ambra moved approval of Resolution 12-13; seconded by Council Member Paterno. Chief Elg explained that 17 computers would be purchased with $12.50 money. He noted that the purchase would be made through the County, returned and replaced by the County in the future in the same manner. He added that Brad Gomberg, IT Director located a lighter, less expensive computer for police vehicles which could be removed and used on site during calls. Chief Elg reported that the department was having computer issues and the replacement timing was good. He concluded that a police car was outside for any additional questions. MOTION: Motion carried unanimously 5-0. STANDING REPORTS • Villaqe Attornev Attorney Davis offered no updates. • Villaqe Manaqer Manager Couzzo stated that he met recently with Jupiter Inlet Colony's (JIC) Mayor Comerford regarding the fire rescue contract and discussion. Police Chief Elg (by request of Manager Couzzo) offered a background on the department's intern hiring process and noted the upcoming swearing-in for the three accepted interns. ANY OTHER MATTERS Council Member Paterno asked Attorney Davis to offer an update regarding the Inspector General (IG). Attorney Davis noted information from the recent County Commission meeting concerning the IG. He stated that the Administrator was attacked on many fronts and settlement of the pending lawsuit was discussed. He added that the IG's contract was up at the end of the year. Vice Mayor Arena expressed his feelings of support for assisting in the success of GMH and Village Council Minutes May 9, 2013 Page 10 his agreement regarding the five percent of beds could be negotiated to a more balanced number. ADJOURNMENT: Council Member D'Ambra moved to adjourn the meeting; seconded by Council Member Paterno. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES VILLAGE OF TEQUESTA � SPECIAL MEETING � MAY 20, 2013 ,�„ t CALL TO ORDER AND ROLL CALL The meeting was called to order at 7:00 p.m. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Tom Paterno. Council Member Frank D'Ambra arrived at 7:03 p.m. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena; and unanimously carried 4-0. 1. Approval of Agreement between Palm Beach County and the Village of Tequesta for Distribution of $12.50 Funds — County Public Safety Radio System Attorney Davis noted the item was mandatory and mainly housekeeping. MOTION: Council Member Okun moved approval; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 2. Council Discussion on GMH Presentation Attorney Davis noted the proposed item. Council Member D'Ambra suggested keeping the Village's goal of a business friendly atmosphere. Council Member Okun voiced concern with a letter previous received from the group. Attorney Davis recommended keeping the focus on the zoning change and what was good for the Village moving forward. He emphasized that once a use was defined it would be used. Attorney Davis stated a numeric formula could be written into the agreement to assist with Council concerns. Council Member Paterno voiced his preference that Manager Couzzo and Attorney Davis be involved in the application process. Manager Couzzo stated he would have verbiage from counsel for Council review by tomorrow. Council Member Paterno asked Manager Couzzo for an update regarding Jupiter Inlet Colony (JIC). Manager Couzzo noted that JIC was ready to move forward and that he would meet with Mayor Comerford next week. Minutes — Special Council Meeting 5/20/13 Page 3 Manager Couzzo also advised of his scheduled meeting with International Association of Fire Fighters (IAFF) to address a list of items they would like re-opened. He noted his conversation with IAFF attorney in which he informed them he was only interested in re- opening pension matters and stated he had not heard from Police or CWA Unions thus far. ADJOURNMENT: Council Member D'Ambra moved to adjourn the meeting; seconded by Council Member Okun. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 8:07 p.m. Respectfully submitted, Deanna Mayo, Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES VILLAGE OF TEQUESTA �.� WORKSHOP _ JUNE 3, 2013 ,,,�,,: CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. Present were: Mayor Abby Brennan, Vice i Mayor Vince Arena, Council Member Steve Okun and Council Member Tom Paterno. Council ', Member Frank D'Ambra arrived at 6:04 p.m. � APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena, and unanimously carried 4-0. Item three was heard first by request of Mayor Brennan. 3. Sign Ordinance Review Mayor Brennan voiced her concern with the addition of a gun store in the Village and its blinking sign. Joe Petrick explair�ed ordinance language and recalled the decision by Council to ease enforcement during the recession. He suggested code rules be imposed with an all or nothing approach and noted that the Special Magistrate felt it difficult to deal with infractions and impose fines without consistent enforcement. Mayor Brennan felt Tequesta's business friendly attitude was important as was the code restrictions and suggested reassessing regulations. Manager Couzzo stated blinking lights could be made to stay on and banners were a larger issue. Attorney Davis added that temporary banners could be obtained with approval of the Manager. Council Member D'Ambra suggested adding specific permission to the code regarding temporary banner regulations. Manager Couzzo replied that it would be added. Attorney Davis advised that the process in place was changed in support of financial difficulties in Tequesta's business sector. Consensus of Council was to enforce the Village Code with Manager Couzzo developing language. 1. Current Year 2012/2013 Budget Status Update Village Manager Couzzo offered a positive forecast. He noted the labor attorneys where actively working on several cases which were affecting the budget. Manager Couzzo offered brief updates on existing cases per Council request. Village Council Workshop Minutes June 3, 2013 Page 2 2. Overview of 2013/2014 Budget Village Manager Couzzo reported that he had received the County properry evaluation numbers which showed a rise of approximately five percent. He went on to explain overall assessed value and that the Village would see more revenue from the change. 4. Discussion on Setting Policy Regarding Feral Cats Council Member D'Ambra voiced his concern for growing colonies and suggested that any new cats be trapped. He stated he would like to set policy in order to give direction to groups assisting with the feral cats. Manager Couzzo commented that he had met with a resident from Lighthouse Cove and suggested the church pastor be involved with supporting the issue. He noted that the pastor had been clear on his feelings that no one would be given a key to enter the gated area. Jay Rodriques, Save a Pet Representative, explained trapping and feeding procedures, ways their group was reducing colony populations and how adoption and foster care was helping with kittens. She also noted a recent donation which helped at feeding stations. Council Member Paterno reiterated his support for the colonies population reduction and suggested all new cats be taken to the County. John Deniro, Lighthouse Cove resident, thanked all involved for his recent education received on feral cats and felt entry into the fenced area would help the cause. Manager Couzzo suggested access could be a liability issue. Council Member Okun felt the problem could be left totally to the church if they did to want to cooperate with the endeavor. Ms. Rodrigues suggested not posting signs to advertise colonies whereabouts as she was concerned with additional drop-offs. She stated the cat problem was finding its way into the Lighthouse Cove area because residents were feeding them. Mr. Deniro responded that the development had sent a letter to one resident who was known to be feeding the cats and he agreed that dumping was an issue. Vice Mayor Arena asked how many new cats were being seen and asked if they could be taken to Safe Harbor or other location. Ms. Rodrigues replied that only one to two new cats per month were showing up and Safe Harbor would not take them. Ms. Rodrigues reported that persons were placing food out to lure and harm the cats and were threatening and harassing feeders. She stated she had proof and addresses. Manager Couzzo responded that no one should be harassed and suggested any such activity be reported to Tequesta immediately. Village Council Workshop Minutes June 3, 2013 Page 3 Council Member Paterno suggested a list be developed with chipped cat information and provided to Council. He felt surrounding residents were over burdened with colonies in their area. Council Member D'Ambra agreed that it was a problem and felt the colonies should be self eliminating. Mayor Brennan stated the Village had existing legislation, a good program but, it was unfortunate when colonies were on private property. Kathy Wells, Executive Director of Save A Pet, noted costs related with the care of feral cats and dynamics of the rescue based group. Ms. Rodrigues explained overheads of associated facilities and agreed to look into options for placement of additional strays to Tequesta colonies. She stated that the goal was to care for, sterilize and return cats to litters as to reduce the populations in a humane manner. Council Member D'Ambra questioned any Village defined penalties for abandoning cats and suggested a significant fine of $5000 be put into place to deter additional drop-offs. Manager Couzzo agreed that a fine and posting should be done and pointed out that the problem was a people problem. Ms. Wells added that other areas had also had a large problem with the dumping of dogs. Council members commended Save A Pet for all their assistance. Consensus of Council was to look into implementation of stiff fines and posting such within the Village. 5. Discussion on Reconsideration of the Prohibition of Trailers "Equipped with more than One Axle" with the Aim of Permitting Tandem Aule Trailers, Providing that the Combined Weight of Towing Vehicle and the Tandem Axle Trailer does not Exceed a Specified Amount (e.g. 5 tons) Vice-Mayor Arena noted a recent request to change bridge restrictions, offered recent history and offered several suggestions. Manager Couzzo felt this was the first letter received in three years and he did not see the need to make changes. He felt residents appreciated the calmness of the Village and the ordinance was in place to assist that and, noted the limit was set for traffic not weight. Consensus of Council was to execute no change. 6. Youth Advisory Council Update Mayor Brennan offered a back ground on the new Village intern Greg Fabiano and explained dynamics and updates associated with the proposed Youth Advisory Council. Village Council Workshop Minutes June 3, 2013 Page 4 ANY OTHER MATTERS Council Member Paterno suggested changes to the Village flagpole and offered a photo for backup. Manager Couzzo noted a crane had to be hired to change the flag and felt Council Member Paterno's suggestion could save money. Council Member Paterno distributed a photo of a large mailbox he felt was an eyesore. Attorney Davis explained the structure was in a Right of Way (ROW) and postal regulations may address the box. Council Member D'ambra suggested the HOA covenants may address mailboxes. Vice Mayor Arena suggested restricting box height. Attorney Davis pointed out that color and texture could be restricted as well. Mayor Brennan advised that Clerk Lori McWilliams would be sworn in as the President of the Florida Association of City Clerks (FACC) and suggested allowing a group or Council to attend. Manager Couzzo suggested options for those whom may want to attend but felt union provisions blocked authorization or assignment by management for attendance. Vice Mayor Arena supported anyone attending and commended Ms. McWilliams. He stated "she does the job of 15". Council Member D'ambra felt it would not be an appropriate use of tax payer's money for employees' time off or attendance. Manager Couzzo supported planning a congratulatory event for Ms. McWilliams. Manager Couzzo offered an update and noted details of the on the upcoming Auction. ADJOURNMENT MOTION: Council Member D'ambra moved to adjourn the meeting; seconded by Vice Mayor Vince Arena, and unanimously carried 5-0. Therefore the meeting was adjourned at 8:22 p.m. Respectfully submitted, Deanna Mayo Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES June 13, 2013 ,:,: > �. VILLAGE OF TEQUESTA �, ,� , �' REGULAR �� �. :,�,�,�:,,._: CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member D'Ambra provided the invocation and led the pledge. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member D'Ambra. Vice-Mayor Arena added discussion on the budget under Any Other Matters and Mayor Brennan added discussion on a tobacco prevention resolution, coastal management item and workshop topics under Any Other Matters. Motion to approve carried unanimously 5-0. PRESENTATIONS 1. Lighthouse Arts Center Presentation Lighthouse representatives requested to reschedule in September. 2. 2012 Comprehensive Annual Financial Report A formal presentation was made by the Village's audit firm Marchum, LLP representative Michael Futterman, which included a review of the financial condition analysis. It was noted the Village's expenditures were less than the amended budget and no internal deficiencies were found. CONSENT AGENDA Council Member D'Ambra inquired on the funds requested in Item 9 being less than the amount budgeted for the project. Manager Couzzo explained three bids were initially received, all too high; and during the second bid, this firm came in under budget. He assured Council there would not be a compromise with quality. MOTION: Council Member D'Ambra moved to approve the following consent agenda; seconded by Vice-Mayor Arena; motion carried unanimously 5-0. Village Council Minutes June 13, 2013 Page 2 3. Approval of Contracts Signed by Manager under $25,000 a. InSource Solutions — Wonderware Software Support Program Contact Renewal b. Almeida Industries, Inc. Roofing & Waterproofing Proposal for Roof Repair and Maintenance to Water Plant Pump House 4. Resolution 13-13, Declaring Certain Property to be Surplus and Directing the Village Manager to Dispose of Surplus Property in Accordance with the Village's Adopted Procedures for Disposing of Surplus Village Property 5. Resolution 16-13, Declaring Certain Property to be Surplus and Directing the Village Manager to Dispose of Surplus Property in Accordance with the Village's Adopted Procedures for Disposing of Surplus Village Property 6. Resolution 17-13, Authoring Piggybacking the Contract between Odyssey Manufacturing Company and the City of Plantation for the Purchase of Sodium Hypochlorite at the Price of $0.67 per Gallon 7. Resolution 14-13, Calling for a Special Municipal Election to be Held Tuesday, August 27, 2013 for the Purpose of Holding Two Separate Annexation Referendums Pursuant to Sec. 171.0413, Florida Statutes; Requesting the Palm Beach County Supervisor of Elections Conduct the Election; Designating Polling Locations; Naming the Canvassing Board; and Establishing Election Procedures 8. Resolution 15-13, Authorizing the Write-Off of Fully Depreciated Capital Assets Purchased Between 1986 and 2001 as Described in Exhibit "A" that are No Longer in the Possession of the Village 9. Resolution 18-13, Awarding a Contract to TLC Diversified, Inc for the NaOCI Storage Tank Replacement in the Amount of $177,600 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, referenced disruptive audience members during the last council meeting and asked Council to address inappropriate comments by the audience. William Elliott, Kiwanis Club, provided Council with a history of Tequesta Park and distributed handouts. He asked Council to maintain the name of Kiwanis Park. Donald Noller, Kiwanis Club and previous resident, spoke in support of maintaining the current signage and asked Council to workshop the issue. Dottie Campbell, 30 Eastwinds Circle, read her comments directly from the 1/8/09 minutes and suggested a plaque simply be placed at the park recognizing the Kiwanis Club. ��,��i�� r/�/ �� Village Council Minutes June 13, 2013 Page 3 Jim Humpage, 562 Dover Road, spoke about the weight restrictions on Tequesta Bridge and mentioned issues with dual axle trailers. He discussed additional revenues, potentially needing to raise the millage rate, and provided a handout of sample increases for individual council members, current and past. Lastly, he suggested Kiwanis be properly recognized with a plaque at the park. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra complimented the Finance Department on their accomplishments with the audit and noted he was supportive of cameras on the bridge but had concerns with the length and location of retention. Mayor Brennan took a moment to recognize the Village Manager on his accomplishments and noted how much his peers respect him. REGULAR AGENDA 'I NEW BUSINESS 10. Ordinance 15-13, First Readinq, Amending Chapter 78. Zoning. by Amending Sec. 78- 4. Definitions. by Creating a Definition for Veterinary Office; Further Amending Sec. 78- 178. C-3 General Commercial District. to Include Veterinary Office as a Permitted Use in that Zoning District Attorney Davis read Ordinance 15-13 title into the record, offered a brief summary and noted the Local Planning Agency (LPA) recommended approval as a special exception use with limited outside activities and no boarding. Mayor Brennan opened the hearing to Council for comments. Council Member Okun suggested allowing onsite boarding for emergency and medical care; recommended requiring on-site supervision or camera monitoring; and mandate all facilities have backup generators to provide safeguards during storms and emergencies. Council Member Paterno stated he was not sure general boarding should be considered, excluding emergency care, which should be indoors. Council Member D'Ambra echoed Council Member Paterno's comments and further noted the Village should not mandate how a business does business. Vice-Mayor Arena suggested vets walk the dogs in the back rather than the front. Mayor Brennan noted the area was C3 on Cypress Drive and explained the vet was a doctor. She suggested allowing it as a permitted use and reminded Council that currently there was not a veterinarian within the Village boundaries. Mayor closed the hearing to Council and opened to the public for comment. (/(,�_ �s�/ �� Village Council Minutes June 13, 2013 Page 4 Joy Sutton, Veterinarian, explained she urges owners of sick animals to visit the emergency hospital. She stressed her desire to do what she loves - in the community she loves; and to be the vet her mother would use. She agreed that she would not leave animals overnight. There being no further public comment, the public hearing was closed. Consensus of Council (D'Ambra, Paterno and Brennan) agreed not to mandate a generator requirement or require onsite supervision. MOTION: Council Member Paterno moved approval of Ordinance 15-13 on first reading as amended disallowing indoor boarding unless medically or surgically necessary, staff must walk animals in the back of the business, and it remain a permitted use as written; seconded by Vice- Mayor Arena; motion carried unanimously 5-0. 11. Ordinance 16-13, First Readinq, Proposing the Annexation into the Village of Tequesta of Approximately 44.52 Acres, more or less, of Unincorporated Land Known Informally as Riverside Pines, Riverside on the Loxahatchee, River Pines, and the Adjacent Un- platted Area, and more Particularly Described Herein; Providing that a Referendum Vote of the Registered Electors of the Area Proposed to be Annexed Shall be Held at a Special Election Called for the Purposes of Holding the Referendum on August 27, 2013 Pursuant to Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; Providing Ballot Language and Instructions to Voters; Providing for Notice of the Referendum; Directing the Village Clerk to Coordinate with the Palm Beach County Supervisor of Elections, and Provide a Copy of this Ordinance to the Chief Administrative Officer of Palm Beach County and the Department of State within Seven (7) Days after its Adoption Attorney Davis read Ordinance 16-13 title into the record. Mayor Brennan opened the public hearing to Council for comment. Council Member Paterno noted the Sheriff's Office was encouraging the annexation as noted in a county report. Council Member Okun discussed emergency services to the unincorporated areas and believed the Village should be considered backup only and not primary responders. He stated he did not want to give away services under the guise of mutual aide. Vice-Mayor Arena noted the difference between police and fire services and commented on the definition of mutual aide. He gave credit to the police department for determining which calls they should and should not respond to with an officer. Detailed discussion ensued. Council directed the Manager to stress that the Village's emergency services were not primary .�„��� ��/ �'t � , Village Council Minutes June 13, 2013 Page 5 to the unincorporated areas unless it was an emergency. Mayor Brennan closed the hearing to Council and opened to the public for comment. Dr. Ken Scheppke, an emergency physician, discussed the Florida Homestead Act and a loophole based on property location being within a city or county. He stated the annexation would rob him and all those along the river with more than �/2 acre, as they would no longer be protected by the Homestead Act. He believed Council had other solutions available, stated he did not want to be part of the Village, and felt Council was using Nicole and Colette to dilute the vote. There being no further public input, the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 16-13 on first reading; seconded by Council Member Paterno; motion carried unanimously 5-0. 12. Ordinance 17-13, First Readinq, Proposing the Annexation into the Village of Tequesta of Approximately 13.16 Acres, more or less, of Unincorporated Area known Informally as Sandpointe Bay Condominium, and more Particularly Described Herein; Providing that a Referendum Vote of the Registered Electors of the Area Proposed to be Annexed Shall , be Held at a Special Election Called for the Purposes of Holding the Referendum on August 27, 2013 Pursuant to Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter; Providing Ballot Language and Instructions to Voters; Providing for Notice of the Referendum; Directing the Village Clerk to Coordinate with the Palm Beach County Supervisor of Elections, and Provide a Copy of this Ordinance to the Chief Administrative Officer of Palm Beach County and the Department of State within Seven (7) Days after its Adoption Attorney Davis read Ordinance 17-13 title into the record. Mayor Brennan opened the hearing to Council, there being no comment; she closed the hearing and opened it to the public. There being no comment, she closed the public hearing. MOTION: Council Member D'Ambra moved approval of Ordinance 17-13 on first reading; seconded by Council Member Paterno; motion carried unanimously 5-0. 13. Council Appointment of Florida League of Cities Voting Delegate Consensus of Council was for Mayor Brennan to serve as the Florida League of Cities voting delegate and for Council Member Paterno to serve as the Palm Beach County League of Cities voting delegate. STANDING REPORTS • Village Attornev Attorney Davis reported he provided the Board of Adjustment with public records training. He supplied an update on the comprehensive ordinance review and stated he was � .�„�., � �0�� Village Council Minutes June 13, 2013 Page 6 working on Ch. 78 — Zoning, which would approximately another 6 months to complete the project. Council Member D'Ambra requested a summary of key changes following the finalization of the Code. • Villaqe Manaqer — No report given. ANY OTHER MATTERS Vice-Mayor Arena inquired on when a budget workshop would be held for the upcoming budget cycle. Manager Couzzo responded soon and explained he was working on significant recommendations. Vice-Mayor Arena asked to be provided with a list of recommendations along with potential money savings. Mr. Couzzo explained he was working to maintain the high level of services provided with a dramatic reduction to the deficit. Council Member Paterno noted he was a member of a sub-group for the Palm Beach County League of Cities who approached him regarding the Village's creative solutions to Goodwill storage collection sites. He suggested Code Enforcement consider available software that would enable the Code Officer to remain in the field as opposed to returning to the office to complete paperwork. Mayor Brennan discussed receiving a resolution from another city regarding tobacco product sales. Consensus of Council agreed to consider at the July Council Meeting. She explained Commissioner Hal Valeche requested the Village supply a letter of support for the beach management agreement. Council requested additional information to which the Mayor advised she would supply. Mayor Brennan commented on non-compliant businesses and would like to consider this during the July workshop. 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 8:06 p.m. Respectfully submitted, Lori McWilliams, MMC � Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. ����,/�— -/s ����