Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 02_09/12/2013 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING �. �� AUGUST 8, 2013 -- �� � ,a,,, ..T CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:01 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 Mayor Abby Brennan provided the invocation and led the pledge. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member D'Ambra; motion carried unanimously 5-0. PROCLAMATIONS/PRESENTATIONS 1. Proclamation Declaring August as Fire Fighters Appreciation Month Ms. Stephanie Glavin, Executive Director accepted the proclamation. 2. Public Safety Pension Board Trustee Update Mr. Robert Young, Public Safety Pension Board Trustee noted the quarter had been rough, offered fund updates and responded to bond and fund questions. 3. Presentation and Action on Florida Municipal Insurance Trust (FMIT) Property and Casualty Renewals , Ms. Merlene Reid, Human Resources Director, summarized the information presented and noted an overall increase from the impact of law suits. She explained that workers compensation insurance had increased six percent and that the Village would receive an incentive on premiums of approximately $15,000 offered through the safety program. Ellen Jones, The Gehring Group explained the perks of safety awareness, but noted workers comp had experienced an average of seven claims which had increased premiums. MOTION: Council Member Okun moved approval of the FM/T renewal; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Village Council Minutes August 8, 2013 Page 2 4. Preliminary FEMA/Flood Insurance Rate Map (FIRM) Review Nilsa C. Zacarias, Director of Community Development, explained that FEMA would update existing 1982 maps and offered additional background and updates. Mr. Tomasello, FEMA representative offered statistics and explained analysis used regarding the program. CONSENT AGENDA Council Member Okun questioned the Villages air conditioning service. Manager Couzzo responded that he had authorized replacement of the systems compressor unit and that the new Public Works supervisor had planned to have regular preventative maintenance performed on the HVAC (heating, ventilation, and air conditioning) system. Council Member Paterno suggested the equipment in the computer room be moved during the planned work. Manager Couzzo agreed and noted the cost had not been anticipated and was not technically in the budget. He stated adjustments would be made to cover the approximate cost of $10,400. MOTION: Council Member D'Ambra moved approval of the consent agenda; seconded by Council Member Paterno; motion carried unanimously 5-0. 5. MINUTES — 5/6/13 Workshop, 7/1/13 Workshop and 7/11/13 Regular Meeting 6. Approval of Contracts Signed by Manager under $25,000 a. �M! —��st�rr� �llPch�nic�l Inc: — 1 YPar Air C9nditi9ning Maintenance Agreement for Village Hall b. Duren Roofing, Inc. Contract - Village Hall Roof Leak Repair c. Altec Roofing, Inc. Contract — Public Safety Facility Roof Repair END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Jeff Michel, Sweets Restaurant Representative implored Council to change Ordinance 5-13 which limited hours of operation and impacted their business with a 30%-40% loss in sales. He stated that they had not been contacted prior to the change and asked that the ordinance revert back to 3:00 am. to assist their weekend business. Mr. Peter Hoffman, area resident asked for clarification regarding the Village's proposed annexations, proposed millage rate increase and what the millage rate covered. He also questioned health insurance increases and fire trucks costs. Mayor Brennan offered insight on � � l'�IfPr,1�/l �� Village Council Minutes August 8, 2013 Page 3 information she believed was perplexing and which was factual. Mr. Hoffman noted his understanding concerning emergency services and interlocal agreements with adjacent cities regarding emergencies. Mayor Brennan clarified the essence of the Village agreements. Manager Couzzo noted that Tequesta was the only city in Palm Beach County providing contractual services to the county and receiving a fee. Mr. Hoffman questioned emergency coverage to unincorporated residents. Manager Couzzo explained response was dependent on the units available; however, Tequesta was not the primary responder for unincorporated areas. He explained that fire truck purchases were funded over years and that increases to health insurance was an issue for everyone. Council Member Paterno stated his support for holding the current millage rate unchanged. COMMUNICATIONS FROM COUNCIL Council had no comments. REGULAR AGENDA OLD BUSINESS 7. TABLED FROM JULY Resolution 22-13, Adopt Amendments to Fund Balance Policy for Government Funds in Accordance with GASB Statement No. 54 Ms. JoAnn Forsythe, Finance Director, requested the item be postponed. a. ai�c�i�r���� 18-i3 �e�c��a �te��ir�ca, Ariie�c�i�nc� ih� Village CGd� oi O��i��d�ces ai C►�a�ter 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 (first reading 7/11/13) Attorney Davis read Ordinance 18-13 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOT/ON: Council Member Paterno moved approval Ordinance 18-13; seconded by Council Member Okun; motion carried unanimously 5-0. 9. Ordinance 22-13, Second Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article I. In General. Sec. 78-4. Definitions. By Amending the � - j ✓„ i `�'/ Village Council Minutes August 8, 2013 Page 4 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 —(first reading 7/11/13) Council Member Okun requested the item be postponed in consideration of seasonal residents. Attorney Davis suggested moving forward and explained that the applicant had paid fees and was entitled to have the item processed. He then read Ordinance 22-13 title into the record. Mayor Brennan noted that she had spoken with the president of Lighthouse Condo Association and agreed to read his email into the record. She read the following (transcribed verbatim): As the president of the Lighthouse Cove Condominium Association I represent 250 owners and over 500 full time and seasonal residents. At the time that GMH's original application for the rehab center, the residents of Lighthouse Cove where reassured by representatives of GMH that there would be no outpatient treatment. This was a critical issue in our support of GMH's application. Had GMH indicated that there was to be outpatient treatment the Lighthouse Cove residents would have objected to the application. GMH is part of a billion dollar company and if outpatient treatment is needed to receive insurance payments the people at GMH should have been aware of that requirement at the time of the original application. Frankly this company seems to be following a nose under the tent strategy "that is in quotations marks", "get the initial apprev�l �r�d s�ari aski��g io� c�iher eX�epiioi�s". The Lighthouse Cove Board of Directors on behalf of the more than 500 people who live in Tequesta object to GMH Tequesta Holdings LLC Special Use Amendment. We request that the Village delay approval until the winter. Thanks you for your consideration (end of verbatim). Mayor Brennan stated that she had spoken with Mr. DiNiro and another resident regarding their concerns. She explained that Village staff and the applicant had worked tirelessly to keep the intention of the facility and the ordinance as intended. Mayor Brennan expressed her beliefs regarding her original apprehension and felt reassured that the best interest of the Village was considered. She stated that the remaining issue was that GMH had not contacted the Lighthouse Cove residents directly. Council Member D'Ambra suggested that the lines of communication be open with the surrounding residents. John Isleib, 561 North Cypress Drive, noted that he lived close to the facility, was a resident and a business owner. He stated businesses were important and felt GMH took a blighted property and improved it greatly. Mr. Isleib stated that businesses often need to adapt to succeed. ,� �/, � '01'I Village Council Minutes August 8, 2013 Page 5 Mr. Mike Holloway, Futures of Palm Beach, noted they had not applied during the summer months and had brought forth their concerns in February. He stated as a business they needed to move forward quickly and explained that he had contacted a board member following the May 9, 2013 meeting and placed several calls before he received any response. Mr. Holloway explained his intentions were not to avoid residents and that going forward he would make every effort to keep the lines of communication open. MOT/ON: Council Member D'Ambra moved approval of Ordinance 22-13; seconded by Council Member Paterno; motion carried unanimously 5-0. 10. SEUA 01-13, Application of GMH Tequesta Holdings LLC for a Special Exception Use Amendment to an Existing 118,716 Square Foot Three-story Building and Adjacent Grounds as a Rehabilitation Facility, Pursuant to Sec. 78-4; Sec. 78-180 (i)(16); and Sec. 78-705 of the Village of Tequesta Code of Ordinances. Address of Proposed Application is 701 Old Dixie Highway. Attorney Davis placed four persons under oath and asked for Council ex-parte communication; there were none. Attorney Davis explained the code was written to exclude outpatient services and summarized the particulars. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of SEUA 01-13; seconded by Council Member Paterno; motion carried unanimously 5-0. 11. Ordinance 19-13, Second Readinq, Amending the Village Code of Ordinances at Criaj�iei 30. Ei�vi��,i��ei�i, By Rer�ai�ing this �i�a�tei "Ei�virorrr�e�tal Cont��i; Nuisa�ces" and by Clarifying certain Language, providing for Internal Consistency; Revising Maximum Height for Excessive Weeds; 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 (first reading 7/11/13) Attorney Davis read Ordinance 19-13 title into the record and noted the changes requested during the first reading. Vice Mayor Arena asked if the Village would purchase a noise level meter. Manager Couzzo responded that would be possible. Mr. David Green, Tequesta resident suggested Council look at 240 Fairway East. .��„/�,��� ��/ i Village Council Minutes August 8, 2013 Page 6 Mr. Harold Taylor, 13 Chapel Court, stated that weeds grow out, not up and explained that weeds should be kept under control due to seeds traveling in the winds and asked that the Village contact other municipalities to see how they address the issue. Mayor Brennan stated that Tequesta's Code Enforcement would be filing against 240 Fairway East. MOTION: Council Member Paterno moved approval of Ordinance 19-13; seconded by Council Member Okun; motion carried unanimously 5-0. 12. Ordinance 21-13, Second Readinq, 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 —(first reading 7/11/13) Attorney Davis read Ordinance 21-13 title into the record. Vice Mayor Arena questioned if the tree was ruining a property could removal be done without a permit. Attorney Davis responded yes. Mayor Brennan opened the hearing to the public for comments; there being none the public hearing was closed. MOTION: Council Member Paterno moved approval of Ordinance 21-13; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 13. Ordinance 20-13, Second Readinq, 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; Providing for Internal Consistency and Specifying Location for Placement of Certain Construction Debris Containers —(first reading 7/11/13) Attorney Davis read Ordinance 20-13 title into the record. Vice Mayor Arena questioned construction dumpster regulations Attorney Davis noted that Village code specified dumpsters were not to be in the ROW (right of way). (Council Member Paterno exited the room momentarily and was not present for the motion.) MOTION: Council Member Okun moved approval of Ordinance 20-13; seconded by Council Member D'Ambra; motion carried unanimously 4-0. � ' j ,�., i �// Village Council Minutes August 8, 2013 Page 7 NEW BUSINESS 14. Council Consideration and Approval of Consulting Service Agreement between NZC Consultants, Inc. and the Village of Tequesta Manager Couzzo noted that both the NZC Consultants and M. T. Causley Service (following item) contracts were being offered due to departmental modifications. 15. Council Consideration and Approval of Consulting Service Agreement between M. T. Causley, Inc. and the Village of Tequesta Mayor Brennan noted the department was being divided for better service and called for a motion on both contracts. MOTION: Council Member Okun moved approval of both the NZC Consultants, Inc. and M. T. Causley, Inc. Agreements; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 16. Ordinance 23-13, First Readinq, Amending the Village Code of Ordinances at Chapter 74. Utilities, by Amending this Chapter to Provide Internal Consistency and to Update Certain Rate Provisions Attorney Davis read Ordinance 23-13 title into the record. Mayor Brennan opened the hearing to the public for comments; there were none. Council Member Paterno questioned the mandated requirements by SFWM (South Florida Water Management) and resident costs regarding backflow devices. Manager Couzzo responded that he would research Paterno's inquiry. MOTION: Vice Mayor Arena moved approval of Urdinance 23-13; seconded by Council Member Okun; motion carried unanimously 5-0. 17. Ordinance 24-13, First Readinq, Amending Chapter 70. Taxation. at Article II. Local Business Tax by Creating an Entirely New Sec. 70-39 to Provide Exemptions for Certain Broker Associates and Sales Associates in Accordance with Recent Changes to State Law, and Re-Numbering Successive Sections in this Article Accordingly; and at Article IV. Public Service Tax, Division 3. Local Communications Services, Sec. 70-151. To Update References to Current State Law Sections Attorney Davis read Ordinance 24-13 title into the record and explained state law requirements. Council Member Paterno questioned the affect to those with in home business licenses. Attorney Davis responded there would be no changes to home occupational licenses and noted the code was in good shape. MOTION: Council Member Paterno moved approval of Ordinance 24-13; seconded by Council � .� �-��,�,:�„ �t Village Council Minutes August 8, 2013 Page 8 Member Okun; motion carried unanimously 5-0. 18. Ordinance 25-13, First Readinq, Amending the Village Code of Ordinances at Chapter 58. Peddlers and Solicitors, by Repealing this Chapter in its Entirety and Readopting it to Provide Comprehensive Definitions, Policies and Procedures for all Peddling and Soliciting Activity in the Village; to Provide for Application and Fees Attorney Davis read Ordinance 25-13 title into the record and explained that regulating solicitors had been expanded to include a broader understanding and supervision process of persons going door to door. Chief Elg explained policing techniques and ordinance changes were to assist with the determination and legitimacy regarding solicitors. Mayor Brennan asked if religious supporters were restricted. Attorney Davis responded that the code did not capture dispensation of literature. Corporal Ray Korkowski stated that police would not and could not escort solicitors out but would monitor them. John Isleib, 561 North Cypress Drive, questioned permitting and occupational license requirements. Manager Couzzo responded that licensing requirements varied according to business type. Council Member Okun questioned Girl Scouts. Manager Couzzo answered that they would fall under a solicitor. MOTION: Council Member Okun moved approval of Ordinance 25-13; seconded by Council Member Paterno; motion carried unanimously 5-0. 19. Site Plan Review - SPR 03-13, Application of Island House South West Condominium to Rebuild Existing Maintenance Room and Replace Flat Roof with Truss Roof Over New Maintenance Room and Existing Equipment Rooms. Proposal Color will Match the Existing Building Color. Address of Proposed Application is 325 Beach Road. Attorney Davis swore in two persons regarding the item and asked Council to disclose any Ex Parte communications, there were none. ' MOT/ON: Council Member D'Ambra moved approval of SPR 03-13; seconded by Council Member Okun; motion carried unanimously 5-0. STANDING REPORTS Villaqe Attorney Attorney Davis noted the Inspector General settlement negotiations had failed and he would bring back any updates regarding the issue. Villaqe Manaqer Manager Couzzo thanked Intern Gregory Fabiano for his enthusiasm and dedication. ,-�„� �s/ ���� Village Council Minutes August 8, 2013 Page 9 ANY OTHER MATTERS Vice Mayor Arena questioned the Village's review procedure and requirements of numerous sets of plans. Nilsa C. Zacarias, Director of Community Development were working to amend that procedure. Vice Mayor Arena questioned if Council desired a workshop to address the request from Sweets Restaurant. Consensus of Council was no. Manager Couzzo noted that Police Chief Elg sought to re-implement K9 to the department and, had an officer enthusiastic to be responsible to the program and stated his support. Chief Elg offered details regarding the implementation and use of K9 and noted several municipalities and experienced K9 personnel that had offered items and assistance. Officer Valerio expressed his desire to be involved with K9 and his perception of the commitment. Council Member Paterno asked if the officer would be taken out of regular police involvement. Chief Elg explained the officer's involvement and projected shift hours and noted that the K9 officer would be considered and additional unit. Manager Couzzo clarified that no additional personnel would be hired for this venture and the cost of the dog was $8,000 –$10,000. Vice Mayor Arena voiced his desire to offer his remaining discretionary funds to the officer expenses regarding K9 training. Council Member D'Ambra also offered his discretionary funds. Mayor Brennan questioned approval and budgetary availability for the endeavor. Manager Couzzo responded that the K9 purchase would happen soon and he would adjust the budget accordingly. ADJOURNMENT: Council Member Okun moved to ad%ourn the meeting; seconded by Vice- Mayor Arena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was , adjournecf ar 8:20 p.m. I, 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. ��,«�„ �/�— '�`d MINUTES VILLAGE OF TEQUESTA ANNEXATION ' ��; WORKSHOP - AUGUST 12, 2013 CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:12 p.m. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. 1. Welcome and Council Introductions Mayor Brennan noted dates and mailing associated with the Villages annexation process. 2. Review Highlights and Benefits of Becoming a Tequesta Resident Mayor Brennan questioned attending resident Cindy DeFilippo on her thoughts on annexation. Ms. Defilippo stated she was pro Tequesta and appreciated a police presence. Council Member D'Ambra noted the geographical negatives regarding being separate and suggested annexation and partnering as a positive part of being neighbors. Ms. DeFilippo agreed. Ms. DeFilippo noted that taxes offered resistance from people and that she had heard one neighbor voice his conflict with police monitoring their area. Mayor Brennan voiced her concern with a letter received on Tequesta's fence code and compared the Counties rule which regulated the same. 3. Questions and Answers i� Mayor Brennan asked for questions. No questions were received. ANY OTHER MATTERS There were no other matters. ADJOURNMENT MOTION: Council Member Paterno moved to adjourn the meeting; seconded by Council Member D'Ambra, and unanimously carried 5-0. Therefore the meeting was adjourned at 6:18 p.m. Village Council Annexation Workshop Minutes August 12, 2013 Page 2 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 ANNEXATION �� WORKSHOP - AUGUST 13, 2013 CALL TO ORDER AND ROLL CALL The meeting was called to order at 3:10 p.m. Present were: Mayor Abby Brennan, Council Member Steve Okun, and Council Member Frank D'Ambra. Vice Mayor Vince Arena and Council Member Tom Paterno were absent. 1. Welcome and Council Introductions Mayor Brennan welcomed everyone and stated that the topic had been well covered. 2. Review Highlights and Benefits of Becoming a Tequesta Resident Mayor Brennan asked the Sandpointe Bay residents who attended for their opinions regarding annexation. Mr. Anthony Scolaro stated that entitlement to police and fire service appealed to him. Ms. Geraldine Scolaro expressed her appreciation for added security and presence of public safety personnel. Mr. Scolaro stated his support and noted the $40 difference on taxes was minimal. Council Member D'Ambra noted that the amount was tax deductible. Ms. Scolaro felt that negative rumors passed were incorrect and the added benefits to the area, from the annexation, would be a positive. 3. c�uestions and Answers Ms. Scolaro questioned if the Village had contemplated a tax increase and voiced her understanding that an increase had not occurred in approximately 20 years. Council Member D'ambra confirmed her understanding and questioned Nilsa C. Zacarias, Director of Community Development about voluntary annexation, voter's participation ' and percentage dynamics necessary to achieve the annexation. Ms. Zacarias offered her expertise and stated she would research voting restrictions and rulings concerning seasonal residents. ANY OTHER MATTERS There were no other matters. ADJOURNMENT MOTION: Council Member D'Ambra moved to adjourn the meeting; seconded by Council Member Okun, and unanimously carried 3-0. Therefore the meeting was adjourned at 3:28 p.m. Village Council Annexation Workshop Minutes August 13, 2013 Page 2 RespectFully submitted, Lori McWiltiams, 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 ANNEXATION r� WORKSHOP - = AUGUST 13, 2013 � � CALL TO ORDER AND ROLL CALL The meeting to discuss Riverside on the Loxahatchee was not called to order as there was no quorum. Two residents attended to express their opposition. 1. Welcome and Council Introductions 2. Review Highlights and Benefits of Becoming a Tequesta Resident 3. Questions and Answers ANY OTHER MATTERS ADJOURNMENT Respectfully submitted, Deanna Mayo Assistant to the Village Clerk Note: Thes� summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. , MINUTES VILLAGE OF TEQUESTA ANNEXATION r�� WORKSHOP �� j ' AUGUST 14, 2013 � � ,,;� CALL TO ORDER AND ROLL CALL Council Members Steve Okun and Frank D'Ambra were present. Resident Debbie Nelson attended. The meeting was not held as there was no quorum. Annex area to be addressed was Riverside Unplatted. 1. Welcome and Council Introductions 2. Review Highlights and Benefits of Becoming a Tequesta Resident 3. Questions and Answers ANY OTHER MATTERS ADJOURNMENT Respectfully submitted, Lori McWilliams, MMC �Ji!l�g� Cl�r� 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. Atl referenced attachments are on file in the Village Clerk's office.