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HomeMy WebLinkAboutMinutes_Regular_07/11/2013 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING JULY 11, 2013 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, Council 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. CONSENT AGENDA 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 Village'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 Station 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 Paterno; 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. 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 Youthful Consumption Attorney Davis read Resolution 19 -13 title into the record. MOTION: Council Member Paterno moved approval 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: Council 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 unassigned 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 Council Member D'Ambra; motion carried unanimously 5 -0. Village Council 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 workshop. REGULAR AGENDA OLD BUSINESS 12. Ordinance 11 -13, Second 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 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 Reading, 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 Reading 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 (First Reading 5/9/13) Attorney Davis read Ordinance 13 -13 title into the record. MOTION: Council Member Okun moved approval of Ordinance 13 -13; seconded by Council Member Paterno; motion carried unanimously 5 -0. 15. Ordinance 14 -13, Second Reading 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 Reading, Amending Chapter 78. Zoning. by Amending Sec. 78 -4. Definitions. by Creating a Definition for Veterinary Office; further Amending Sec. 78- Village Council 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 -13; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 17. Ordinance 16 -13, Second Reading 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. 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 Reading 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. MOTION: Council Member Okun moved approval of Ordinance 17 -13; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. NEW BUSINESS 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 Mayor Arena moved approval of Ordinance 18 -13; seconded by Council Member Okun; motion carried unanimously 5 -0. 20. Ordinance 19 -13, First Reading, 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 Village 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: Council 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. 21. Ordinance 20 -13, First Reading, Amending the Village Code of Ordinances by 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 stated 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. Village 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 Reading, Amending the Village Code of Ordinances at Chapter 50. Natural Resource Protection; by Amending this Chapter to Provide Internal 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 Reading, 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 Village 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. Village Manager The Manager offered no report. 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. Village Council Minutes July 11, 2013 Page 11 MOTION: Council Member D'Ambra moved to amend the Agenda and add Jupiter Inlet Colony Fire Rescue Services for discussion and possible action; seconded by Council Member Paterno; motion carried 4 -1. Council Member Okun was 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 %. 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 of 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. Respectfully submitted, C2lrl 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. .a;