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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_08/08/2013 MINUTES VILLAGE OF TEQUESTA WORKSHOP �'' Ma 6 2013 Y � CALL TO ORDER AND ROLL CALL The meeting was cailed to order at 6:00 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 6:05 p.m. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena, and unanimously carried 4-0. 1. Presentation by Jupiter Inlet Colony on Fire Rescue Services Report Mr. Michael Burton, Burton & Associates, President and consultant for Jupiter Inlet Colony (JIC), offered his background and a Fire Rescue Services presentation. Mayor Brennan expressed her feelings that the findings were repetitive. She noted that the information had been offered and reviewed numerous times in various formats by Council and they were not interested in repeating. Meeting recessed afi 6:30 p.m. and reconvened at 6:41 p.m. Manager Couzzo noted his upcoming meeting with Jupiter Inlet Colony's (JIC) Mayor Commerford and asked Council for direction. Council offered their individual feelings and felt it best to hear JICs decisions at present and suggested no negotiating be offered from the Manager. Manager ' Couzzo stated the Village may need to let JIC go to the County as equality to Village residents was not being acquired. He did not #eel the County's offer was firm nor included any long term assurance to JIC. Manager Couzzo confirmed that he would listen to JIC's thoughts to bring back to Council. Pat Watkins, 167 River Drive felt that JIC would choose to go with the County if Tequesta was only close as she felt they were looking for significant savings. Chief Weinand mentioned past studies associated with fire rescue agreements. Manager Couzzo noted a recent study that was pending and his interest in considering that analysis compared to Mr. Burtons analysis. 2. Current Year 2012/2013 Budget Status Update Manager Couzzo offered a brief update and mentioned that 58% of the budget was on track with expenditures slightly off. He noted department heads understood there would be changes. Mayor Brennan mentioned that property tax was also a budget factor as they were not at the same percentage as the previous year. 3. Overview of 2013/2014 Budget Dottie Campbell, 30 Eastwinds Circle, questioned replacement of the neighborhood concrete road. Manager Couzzo explained that due to the shortage in revenue it would have to wait. Mrs. Campbell explained that the Village had to supply safe roads and mentioned the annual budget request for Busch Wildlife. Council Member Paterno questioned the five year plan. Manager Viliage Council Workshop Minutes May 6, 2013 Page 2 Couzzo explained that the Village miilage rate may need #o be increased. 4. Discussion on Naming the Public Works Building the "Russell White Public Works Facility" Manager Couzzo noted Council's direction fio designate the Public Works Building as the "Russell White Public Works Facility" on his birthday in November. Dottie Campbell suggested a ceremony in Mr. White's memory. Vice Mayor Arena suggested that it should be held on the weekend so that everyone could attend. 5. Discussion on Tequesta Park Signage �ouncil Member Okun stated that the signage identifying Tequesta Park was substituted with Tequesfia Kiwanis Park and the seal of the organization and recalled that it was not meant to rename Tequesta Park but to recognize the Kiwanis Club. He suggested recognizing the founders with a plaque placed at the site. Jim Humpage, 562 North Dover, mentioned that the Kiwanis Club came to Council with renderings that were denied and suggested the Kiwanis Club not be in charge of the signs design. Dottie Campbell, 30 Eastwinds Circle intervened and stated that it was a bad sign and that two separate signs should be made. She added that Tequesta did not solicit the park, but were asked to take it over. Manager Couzzo explained the background of how the change came about. Ms. Campbell suggested bronze for the sign. Vice Mayor Arena suggested the Historical Committee create a sign that woutd be correct and coincide with the other parks of the Village. Manager Couzzo concluded that a sign needed to be created to reflect Tequesta and be coordinated with the interests of the Kiwanis Club. He also stated #hat the original discussion of the plaque should be considered and the Village should pay for the plaque. Manager Couzzo, in agreement with Council, suggested that marble from the Old City Hall be utilized to make the sign. 6. Branding: Update/Outlook Council Member Okun stated that the Village discontinue using the word "branding" in its marketing/public relations function, and explained the progress with the Beautification League was postponed by the unfortunate passing of Russell White, and the low budget. He noted there were over 20 volunteers interested in the endeavor. 7. Discussion on Street Lighting on South-side of Tequesta Drive — from West-side of Bridge to the Country Club Council Member Okun advised that residents had requested street lights from the bridge to Country Club Drive. He explained that safety was important, and the Village Manager and Police Chief agreed that light would be an enhancement. Vice Mayor Arena explained that when the bridge was under construction, they were approached by White Hall, who were against the lights and felt the lights would shine in their windows. He concluded that if the street lights were implemented they should be darkened out on the residents' side. Council Member Paterno emphasized that it cost $80,000 for lights for one street, and stated that the light installation must be done properly on both sides of the streets. Resident Jim Humpage Village Council Workshop Minutes May 6, 2013 Page 3 suggested an FPL pole made out of fibergiass be used for cost e�ciency. Mayor Brennan asked Manager Couuo to obtain the prices. Mrs. Dottie Campbell, 30 �astwinds Circle, inquired about fihe installation of benches through the Beautification Committee. Manager Couzzo stated that all capital improvements could be paid for over a ZO year period in a bond ta avoid debt. ANY OTHER MATTERS Mayor Brennan provided a handout as an update of monthly occurrences in the Village. She emphasized the need to have Sheriffs and Beach Patrol monitor open drinking along Beach Road. She also mentioned that the Village had a spot on WJTW the third Wednesday of each month to keep residents informed. Mayor Brennan announced that Lighthouse Center for the Arts was holding an exhibition in the near future and that the center had artists that would love to paint the bollards for the Village. Council Member Okun su�gested the Village should leave the art alone because it was subjective. Council Member D'ambra suggested a common theme for the bollards to keep the Village unified. Mayor Brennan mentioned Communities of Distinction, and Manager Couzzo explained that it was a$20,000 investment with a 5 minufie clip that could be aired, owned, and rights attained. Mayor Brennan continued the discussion regarding a Youth Advisory Committee. Council Member Okun suggested that they receive community service for the experience. Mayor Brennan questioned Council support and/or interest regarding Futures' recent to offer a presentation regarding their change in insurance needs. Council Member D'Ambra offered his understanding regarding outpatient servicE;s through State licensing and noted specific requirements that must be met. Mayor Brennan voiced her concern with the request to change tMe agreement previously set regarding procedures for Futures. Council Member D'Ambra questioned the risk of the change versus the business failing. Manager Couzzo stated that the Village attorney would offer a legal perspeetive on the matter. ADJOURNMENT MOTION: Council Member Okun moved to adjoum the meeting; seconded by Vice Mayor Vince Arena, and unanimously carried 5-0. Theret'ore the meeting was adjoumed at 8:13 p.m. Respectfully submitted, Deanna Mayo Assis#ant to the Viltage Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are no# verbatim transcripts of the meeting. A verbafiim 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 _ JULY 1, 2013 CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Frank D'Ambra. Council Member Tom Paterno was absent. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena, and unanimously carried 4-0. 1. Presentation of Current Year 2012/2013 Budget Status Update Ms. JoAnn Forsythe, Finance Director, noted the budget looked good and explained that annexation had not been funded. She added that the Ad Valorem was approximately $35,000 off. 2. Annexation Update and Community Outreach Council Member Okun suggested that a letter be sent to inform residents of the planned Community Outreach and Council visit neighborhoods with annexation reports in lieu of meeting at Village Hall. Council Member D'Ambra recommended in home discussions and/or informal meetings at Village Hall and did not feel going house to house would be efficient. Nilsa C. Zacarias, Director of Community Development noted that she had reached out to Sandpointe Bay regarding meeting with them regarding annexation and was informed it may be difficult to get a visit approved through their board. Council discussed combinations of letters, Smoke Signals notification, home visits and meetings and Manager Couzzo noted he would look infio options. 3. Sign Ordinance Implementation Mayor Brennan noted recent meetings with management and options discussed regarding sign regulations. Council Member Okun felt some enforcement techniques may not come across as business friendly and suggested identifying signage that appeared out of place. Council Member D'Ambra felt the Village should encourage equality toward businesses and felt enforcement of the Village Code was essential. He suggested doing a sweep on violations to solicit compliance. Vice Mayor Arena voiced his opinion that sweeps were not conducive and felt targeting one area at a time may work best. Council Member D'Ambra felt respectful communication offered to business owners was more favored than aggressive police enforcement. Attorney Davis suggested Council choose Village Council Workshop Minut�s July 1, 2013 Page 2 code language as not to feel defensive to the business community and alert the business community that they would be addressing the code. Manager Couzzo felt section 78-745 (e) should be addressed fio be more stringent. Consensus of Council was to obtain a list of existing issues and address them individually. Mayor Brennan recapped addressing the following: • Inventory of issues • No enforcement of ordinance until new language was developed • Attorney to provide new language for Council consideration • Possible letter in the future 4. Discussion on New Signs Mayor Brennan questioned having a standardized sign requirement. 5. Kiwanis Update Council Member Okun corrimented that there was a plaque at the Park on County Line Road notarizing Kiwanis and the contractual obligation between Kiwanis and Tequesta. Vice Mayor Arena suggested adding fine print noting the park founders (including year) to the sign. Mayor Brennan pointed out that signage existed with that information. Consensus of Council was to pface a sign of recognition for Kiwanis as the founders, and the year founded at Tequesta Park's Pavilion. Council Member Okun stated he would be responsible for the sign. 6. Overview of 2013t2014 Budget Mayor Brennan commented on budget proje�tions and how departments had adhered to direction to keep under their budgets. Vice Mayor Arena questioned the recent reduction regarding part time hours and savings associated to which Manager Couzzo responded the Village saved $50,000. Vice Mayor Arena inquired on additional insurance costs for CWA (Communication Workers of America) employees. Manager Couzzo noted the new health care would add approximately $50,000 to the Village budget. Vice Mayor Arena noted that Tequesta would have summer camp next year but not Tequesta Fest. He voiced his feeling that if taxes were raised events should not be stopped. Councii Member D'Ambra explained the revenue would be impacted for several years due to annexation. Vice Mayor Arena questioned the use of the Village reserves. Manager Couzzo noted the reserves would come from capital improvements of approximately $200,000. Council Member D'Ambra noted police had asked about savings from the pension plan changes. Manager Couzzo responded that the budget had been significantly impacted with a reduction in expenses. Village Council Workshop Minutes July 1, 2013 Page 3 Mayor Brennan noted a five percent increase was proposed for the Village Millage rate. Ms. JoAnn Forsythe, Finance Director, explained that Council could decrease the millage, but not increase above the proposed figure approved in July. Manager Couzzo explained revenue generating opportunities through Verizon which were in the works. Brad Gomberg, IT Manager, noted departmental cell phone usage and that costs were down. Manager Couzzo stated Community Development would have improved revenue with the planned changes and explained dynamics associated. ANY OTHER MATTERS Manager Couzzo stated that he believed Jupiter Inlet Colony (JIC) had received a number from the County regarding Fire Rescue Service. He noted that the number was higher than what Tequesta had offered JIC and he hoped to hear from them this week regarding the ongoing issue. Manager Couzzo explained alternate municipalities and fire rescue dynamics and that there were many variables associated with the venture. Manager Couzzo mentioned the possibility of JIC's liability to update sewer in the near future and costs associated. ADJOURNMENT MOTION: Council Member Okun moved to adjoum the meeting; seconded by Vice Mayor Vince Arena, and unanimously carried 4-0. Therefore the meeting was adjourned at 8:30 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 REGULAR MEETING .�_ , JULY 11, 2013 1 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:02 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Councii Member Tom Paterno and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Vince Arena provided the invocation and led the pledge. APPROVAL OF AGENDA Council Member Okun asked that an overview be offered regarding item two-b. Council Member Paterno asked that items five, eight and nine be pulled for discussion and item 24 be moved forward. Council Member D'Ambra suggested item four be pulled and discussed. Mayor Brennan stated that item 24 would be heard after Council Communications. MOTION: Vice-Mayor Arena moved approval of the agenda as amended with items two b, four, five, eight, and nine pulled for discussion and item 24 moved in the agenda and to be heard after Communications by Council; seconded by Council Member Okun; motion carried unanimously 5-0. ��ldSER�T �f�E�l�� MOTION: Council Member Okun moved to approve the following consent agenda; seconded by Vice-Mayor Arena; motion carried unanimously 5-0. 1. MINUTES — 5/9/13 Regular Meeting; 5/20/13 Special Meeting; 6/3/13 Workshop; and 6/13/13 Regular Meeting 2. Approval of Contracts Signed by Manager under $25,000 a. Hold Harmless, Indemnity and Liability Agreement between the Village of Tequesta and David Ruff for the purchase of the 1983 Scarab boat from the June, 2013 Auction. c. SimplexGrinnell Proposal and Service Agreement to perform a 5 year internal inspection on the Village Hall sprinkler system and repair several deficient items. 3. Approval of Hurricane Debris Disposal Contract Renewal with Phillips and Jordan, Inc. 6. ITEM MOVED TO THE REGULAR AGENDA — NEW BUSINESS Village Council Minutes July 11, 2013 Page 2 7. Resolution 20-13, Authorizing the Transfer of $1000.00 from the Special Law Enforcement Trust Fund to be Used to Pay the Annual Membership Fees Associated with the Palm Beach County Law Enforcement Exchange System 8. Ministerial Appointment of Ray Giblin to the Public Safety Pension Board — Term Expires 7/15/2015 9. Council Approval of Budget Amendments for FY 2012-2013 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Bill Elliot, Kiwanis representative, offered his opinion regarding Tequesta Park signage. Mayor Brennan reassured Mr. Elliot that the Village would follow through on their intentions as discussed with Mr. Elliot previously. COMMUNICATIONS FROM COUNCIL Vice Mayor Arena noted the Vitlage's nautical program. Mayor Brennan noted the recent memorial held at Tequesta's 911 Monument and dedicated to the recent fire fighters who lost their lives. 2. Approval of Contracts Signed by Manager under $25,000 — b. FDG Flagler Statian and Village of Tequesta Real Estate Renewal Lease Agreement (File#281-1-2b). Manager Couzzo noted the agreement which permitted access over the Tequesta railroad tracks. Council Member Paterno added details associated with the Villages' responsibilities, projected inconveniences and believed the project would increase expenses in 2014. He asked that the item be included in the budget. MOTION: Council Member Okun moved approval of item two b; seconded by Council Member Paterna; motion carried unanimously 5-0. 4. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2013/2014 at a rate of 6.05 Mils per $1,000.00 of assessed value and setting the Budget Public Hearings as follows: September 12, 2013 — 6:00 p.m. — Approve Tentative Budget; and September 19, 2013 — 6:00 p.m. — Approve Final Budget Council Member D'Ambra explained procedures related to setting the Ad Valorem Rate, and that this approval was contingent and tentative and did not automatically approve an increase in the Millage Rate. MOTION: Council Member D'Ambra moved approval of item four; seconded by Council Member Paterno; motion carried unanimously 5-0. �, %�j„�;��, � / Village Council Minutes July 11, 2013 Page 3 5. Resolution 19-13, Urging Local Retailers that Sell Tobacco Products to Refrain from Marketing and Selling Flavored Tobacco Products, which tend to Promote and Influence Underage and/or Youthfiul Consumption Attorney Davis read Resolution 19-13 title into the record. MOTION: Council Member Paterno moved approva! of Resolution 19-13; seconded by Council Member Okun; motion carried 4-1. Council Member Paterno dissenting. 8. Resolution 21-13, Purchase of Police Vehicle Attorney Davis read Resolution 21-13 title into the record. Council Member Paterno asked for clarification regarding the vehicle make and cost of what was being purchased. Chief Elg explained the costs of vehicles were the same under State contract and that the difference (in costs) was for lighting and radios. Council Member Okun questioned the need for the vehicle and expressed his concern with outFitting costs. Chief Elg explained the purchase would be used for undercover law enforcement, therefore; must have certain equipment. Manager Couzzo noted that an undercover car was less expensive than a pursuit vehicle. MOTION: Counci! Member Paterno moved approval of item four, seconded by Council Member Okun; motion carried unanimously 5-0. 9. Resolution 22-13, Adopt Amendments to Fund Balance Policy for Government Funds in Accordance with GASB Statement No. 54 Council Member Paterno questioned the details related to unassiqned monies and availability of the Village reserves. Ms. JoAnn Forsythe, Finance Director, explained fund balance policy requirements and responded to concerns with the current spending level and possible violation of the Village's own policy. She explained that policy could only be changed through Council. Ms. Forsythe noted the total in the Village reserve was approximately 3.5 million and that two months of unassigned expenditures would be approximately 1.75 million. Council Member Paterno expressed his feelings regarding a more conservative approach to Village spending and suggested that two months of working capital be routine. Manager Couzzo responded that could be done. Ms. Forsythe stated that the two months of working capital, as routine, could go into effect in August. Manager Couzzo noted more flexibility was given under GASB and that many government entities are well below the amount GASB had recommended. MOTION: Council Member Paterno moved to table the item until August; seconded by Counci! Member D'Ambra; motion carried unanimously 5-0. f j„�,,✓., �/ �f " Village Councii Minutes July 11, 2013 Page 4 24. Discussion on Code Enforcement Compliance Procedures Council Member Paterno expressed his feelings regarding code enforcement, its positive attributes and the need for adjustments. He felt proper software was needed for better efficiency and suggested the entire system be re-evaluated. Mayor Brennan felt clarity had not been offered regarding the Village Code, which made it difficult for enforcement, and further noted that not many complaints had been received regarding signs. Vice Mayor Arena suggested the code officer be asked where problems existed. Manager Couzzo responded that more could be done with technology, and noted it would be a process. Attorney Davis recommended staying with the system utilized at present. Council Member Paterno suggested code work on Saturdays to offer a more personal contact to residents. Manager Couzzo noted discussions with the police chief regarding utilizing officer's spare time to notify residents regarding violations, write referrals to their shift commander and assist code with possible issues. He stated that the Chief explained that Tequesta police did not have the volume of calls as some communities. Chief Elg noted that the department had recently implemented a process regarding noise violations and Code Officer Petrick had been training officers on signage issues as well. Attorney Davis explained the compliance process. Manager Couzzo agreed that Saturday was a busy day and that the code schedule should assist that need. Consensus of Council was to enforce Village Code. Mayor Brennan suggested more details regarding conformity be addressed at the next UVUI ��f lU�. REGULAR AGENDA OLD BUSINESS ?2. Ordinance 11-13, Second Readinq, Amending the Village Code of Ordinances at Chapter 22. Community Development, by Amending this Chapter to Provide Internal Consistency, to Pravide Final Decision-Making Authority to the Planning and Zoning Advisory Board for Certain Site Plan Modifications; to Eliminate Planning and Zoning Advisory Board Review of Certain Gates and Entry Features; to Provide for Collection of Administrative Fees; and to Clarify Certain Aesthetic Definitions and Policies {First Reading 5/9/13) Attorney Davis read Ordinance 11-13 title into the record. MOTION: Council Member Paterno moved approval of Ordinance 11-13; seconded by Council �� � ��„�;��, Village Council Minutes July 11, 2013 Page 5 Member D'Ambra; motion carried unanimously 5-0. 13. Ordinance 12-13, Second Readinq, Amending the Village Code of Ordinances at Chapter 34. Fire Protection and Prevention, by Clarifying Certain Language and Providing for Internal Consistency (First Reading 5/9/13) Attorney Davis read Ordinance 12-13 title into the record. MOTION: Council Member Okun moved approval of Ordinance 12-13; seconded by Council Member Paterno; motion carried unanimously 5-0. 14. Ordinance 13-13, Second Readinq, Amending the Village Code of Ordinances at Chapter 42. Law Enforcement, by Creating an Entirely New Article 11. Police Department, to Codify the Existence, Responsibilities and Operation of the Village's Police Department (First Reading 5/9/13) Attorney Davis read Ordinance 13-13 title into the record. MOTION: Counci! Member Okun moved approval of Ordinance 13-13; seconded by Council Member Paterno; motion carried unanimously 5-0. 15. Ordinance 14-13, Second 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 (First Reading 5/9/13) Attorney Davis read Ordinance 14-13 title into the record. Council Member Paterno asked if specific roads had been designated for golf cart traffic. Attorney Davis noted the state statute dictated a designation be posted. Manager Couzzo stated an attachment specifying exact areas would be attached to the Ordinance. Mayor Brennan suggested educating the public through all Village publications concerning the limitations. Dottie Campbell 30 Eastwinds Circle suggested a copy of the Ordinance be sent and/or emailed to Turtle Creek and Tequesta Country Club to residents. MOTION: Council Member Paterno moved approval of Ordinance 14-13 with an attachment of designated roadways; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 16. Ordinance 15-13, Second Readinq, Amending Chapter 78. Zoning. by Amending Sec. 78-4. Definitions. by Creating a Definition for Veterinary Office; further Amending Sec. 78- � ' .�,,,;�r�, _ � Village Councii Minutes July 11, 2013 Page 6 178. C-3 General Commercial District. to Include Veterinary Office as a Permitted Use in that Zoning District (First Reading 6/13/13) Attorney Davis read Ordinance 15-13 title into the record. MOTION: Council Member D'Ambra moved approval of Ordinance 15-93; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 17. Ordinance 16-13, Second 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 Elecfiion 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. MOTION: Council Member D'Ambra moved approval of Ordinance 16-13; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 18. Ordinance 17-13, Second Readinq, Proposing the Annexation inta the Village of Tequesta of Approximately 13.16 Acres, more or less, of Unincorporated Area known Inf�rmally as Sandn9inte Rav 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. MOTION: Council Member Okun moved approval of Ordinance 17-93; seconded by Council Member D'Ambra; motion carried unanimously 5-0. NEW BUSINESS ,--- — ,��,.,��, — .,s � -.��. Village Council Minutes July 11, 2013 Page 7 6. Resolution 11-13, Authorizing the Write-off of Uncollectable EMS Transport Fees in General as Described in Exhibit "A" Appropriating Fund Balance to Fund Fire Department Bad Debt Expense of $77,503.59 Attorney Davis read Resolution 11-13 title into the record. Ms. JoAnn Forsythe, Finance Director, explained the history relating to the write off. Council Member D'Ambra questioned the uncollectable amount. Ms. Forsythe noted the reasons includes 13 years old debt, some persons were deceased and changes to Medicare and coding. She added that the auditors had asked that the uncollectable debt be written off. MOTION: Council Member Paterno moved approval of Resolution 11-13; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 19. Ordinance 18-13 First Reading, Amending the Village Code of Ordinances at Chapter 62. Planning and Development, by Amending this Chapter to Provide Internal Consistency and Consistency with the Village's Comprehensive Development Plan, to Update Certain References to State Law, and to Repeal the Requirement for an Annual Concurrency Report Attorney Davis read Ordinance 18-13 title into the record and provided a summary of the language changes. Council Member Paterno questioned the Village parks square footage. Manager Couzzo stated the Village was in compliance with the Ordinance. Vice Mayor Arena questioned annexation in respect to the Ordinance. Attorney Davis explained the growing population would bring about new requirements according to the Comprehensive Development Plan. Mayor Brennan opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Vice MayorArena moved approval of Ordinance 18-93; seconded by Council Member Okun; motion carried unanimously 5-0. 20. Ordinance 19-13, First Readinq, Amending the Village Code of Ordinances at Chapter 30. Environment, by Renaming this Chapter "Environmental Control; Nuisances" and by Clarifying Certain Language, Providing for Internal Consistency, Updating Enforcement Procedures in Conformance with the Village's Code Enforcement Process; Relocating Vegetation Obstruction Regulations to Chapter 50; Relocating Construction Debris and Construction Site Maintenance Regulations to Chapter 14; Revising Abatement Procedures Related to Certain Private Property Violations; and Updating Noise Enforcement Regulations in Accordance with Recent Changes to the Law � � , , ; �" ;.�, ., , Viilage Council Minutes July 11, 2013 Page 8 Attorney Davis read Ordinance 19-13 title into the record and summarized the changes. Vice Mayor Arena asked if Tequesta had a decibel meter to test sound if a debatable situation occurred. Manager Couzzo believed one could be borrowed from Jupiter Inlet Colony. Attorney Davis noted a recent complaint in which the violation could not be penalized, as Code Enforcement did not have the evidence to bring the case forward. He explained noise projections were not to exceed three decibels. Council discussed decibel legalities and how police should handle issues without the proper equipment. Manager Couzzo felt most people would comply if asked to quiet their noise. Attorney Davis noted the landscape code and proper maintenance dictated on Ordinance 19-13. Council Member Paterno suggested the section concerning lawn height be lowered. Consensus of Council was to limit grass growth height to eight inches. Council Member Okun requested that the code enforcement officer attend the upcoming Council meeting to offer clarity regarding specific implementations. Mayor Brennan suggested Council hold a sign workshop. Consensus of Council agreed to hold a sign workshop. Mayor Brennan opened the hearing to the public. There being no public comment the hearing was closed. MOTION: Counci/ Member Paterno moved approval of Ordinance 19-13 as amended, to include grass height be limited to eight inches; seconded by Council Member Okun; motion carried unanimously 5-0. �i. �1"�iPlaiiC2 ��'-'�.�i, r ��at�iiTa�, r�i i �Gi ifaii iy i�'iE v liiay2 vvu@ �i OCfa'iil^ai iC2S uji Relocating the Village's Land Clearing and Construction Debris Control Code from Article VII. of Chapter 30 to the Newly Created Article VII. of Chapter 14.; and by Relocating the Village's Construction Site Maintenance Code from Article VIII. of Chapter 30 to the Newly Created Article VIII. Of Chapter 14 Attorney Davis read Ordinance 20-13 title into the record. Council Member Paterno voiced his concern with construction containers in the Village ROW (Right of Way). Manager Couzzo stafied that a code officer or building official could enforce ROW restrictions as construction containers should not be in the ROW. Attorney Davis expressed he was unclear on what may be enforced through Waste Management regarding dumpsters. Mayor Brennan opened the hearing to the public. There being no public comment the public hearing was closed. o.:' y, . r'�lil;:,�r"f I:. Viliage Council Minutes July 11, 2013 Page 9 MOTION: Council Member D'Ambra moved approval of Ordinance 20-13 with amendments made from the Village Attorneys research; seconded by Council Member Okun; motion carried unanimously 5-0. 22. Ordinance 21-13, First Readinq, Amending the Village Code of Ordinances at Chapter 50. Natural Resource Protection; by Amending this Chapter to Provide Infiernal Consistency, to Update Certain Permitting Requirements and Appeal Requirements, to make Reference to State Mangrove Protection Laws and County Wellfield Protection Regulations; to Relocate Vegetation Obstruction Regulations from Chapter 30; and to Provide Code Enforcement Penalties for Unlawful Tree Removal Attorney Davis read Ordinance 21-13 title into the record. Council Member D'Ambra questioned the need for Council's approval regarding tree removal and felt it should not be a requirement. Council Member Paterno suggested approval be imposed on larger trees only and felt mangroves should be addressed at the State level. Mayor Brennan opened the hearing for public comments; there being none she closed the public hearing. MOTION: Council Member D'Ambra moved approval of Ordinance 21-13 with modifications to be addressed by legal; seconded by Council Member Okun; motion carried unanimously 5-0. 23. Ordinance 22-13, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article I. In General. Sec. 78-4. Definitions. By Amending the Definition for "Rehabilitation Facility" to Provide for the Limited Provision of Outpatient Treatment, and the Limited Collection of Insurance Payments for Patient Care; and by Amending Article VI. Schedule of District Regulations. Sec. 78-180(i)(16) MU Mixed Use District. Special Exception Uses. Rehabilitation Facilities. To Require Both Monthly Reports and an Annual Independent Audit be Provided to the Village Regarding Compliance with Funding, Occupancy and Treatment Requirements; and at Article X. Off-street and On- street Parking and Loading Regulations. By Increasing the Parking Requirements for Rehabilitation Facilities that Provide Outpatient Treatment Attorney Davis read Ordinance 22-13 title into the record. Council Member Paterno questioned penalties and/or enforcement to ensure proper reports were received by the Village. Attorney Davis noted that penalties for nonconformity would attach to properties. Anthony Cardamone, Senior Vice President for GMH Partners explained their plan to ensure monthly compliance. Mayor Brennan voiced her previous opposition but stated she now believed this met the original intent. � ' ��,,.,�.,.__ , � Village Council Minutes July 11, 2013 Page 10 MOTION: Council Member Paterno moved approval of Ordinance 22-13 with; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Consensus of Council was that Mayor Brennan work with the Village Manager to get this updated information out to the public. 25. Resolution 23-13, Supporting the Palm Beach Island Beach Management Agreement Pilot Project Mayor Brennan offered back ground on the item and her support and stated that she would compose a letter in response if Council approved. Council Member D'Ambra felt the agreements focus did not appear to affect Tequesta and questioned the purpose of writing a letter, and Manager Couzzo responded for support. MOTION: Council Member D'Ambra moved approval of Resolution 23-13; seconded by Council Member Okun; motion carried unanimously 5-0. STANDING REPORTS Villaqe Attorney Attorney Davis offered updates regarding the Inspector General (IG) and a Land Development case regarding permitting denial. Consensus of Council was to offer no latitude regarding the IG case and raising the .25% fee. Villaqe Manaqer i ne iVianager oiiered no repori. ANY OTHER MATTERS Council Member Paterno questioned a letter referencing part time employees and OBAMACARE and suggested part time employees would need to be placed at 28-hours as soon as possible. Manager Couzzo responded that direction had already been specified and a 28-hour restriction was being implemented. Mayor Brennan noted that she and the Manager had discussed a letter recently received from Jupiter Inlet Colony (JIC) regarding ongoing negotiations. Manager Couzzo stated that he had spoken to Mayor ComerFord and was told to prepare a contract, with the terms discussed, for approval from the JIC Board. Manager Couzzo asked Council for direction. Council Member Paterno questioned Council if their original positions had changed. Council Member Okun suggested a special meeting be set on the item. Council took a break at 9:15 p.m. Meeting reconvened at 9:23. �� ',�„�,�,, _ , Viliage Council Minutes July 11, 2013 Page 11 MOTJON: Council Member D'Ambra moved to amend the Agenda and add Jupiter Inlet Colony Fire Rescue Services t'or discussion and possible action; seconded by Council Member Paterno; motion carried 4-1. �cunci! M,ember Gkan w�s opposed. 26. Discuss Jupiter Inlet Colony (JIC) Fire rescue Service Agreement Council Member D'Ambra quoted Jupiter's price to JIC for fire services of $495,000 for the first year and stated he would support a compromise. He noted his concern with the escalator and felt that if Tequesta set the number at $400,000 they should not increase for five years. Council Member Paterno stated he was content with the figures Council agreed on previously and suggested adjustments be made so that the numbers would conclude at Tequesta's desired figure. Vice Mayor Arena noted he was satisfied with the JIC's proposal. Council Member D'Ambra suggested Tequesta start out at $400,000 and, in year four start the escalator at 4.5 or 5°l0. MOTION: Vice Mayor Arena moved to offer Jupiter Inlet Colony their same deal with an increase to the escalator of six percent on the back end af the ten years; seconded by Council Member D'Ambra; motion carried 3-2. Council Members Paterno and Okun were opposed. 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 10:28 p.m. Respec#fully 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. � ��,,;, , � ,: ,