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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_05/08/2014 MINUTES VILLAGE OF TEQUESTA REORGANIZATION MARCH 13, 2014 � MEETING ' �_. CALL TO ORDER AND ROLL CALL The meeting was cailed to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Members Steve Okun, Tom Paterno and Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE — Vice Mayor Vince Arena offered the invocation and led the pledge of allegiance. COUNCIL OATHS OF OFFICE Village Manager Michael R. Couzzo, Jr. swore the following persons in as Council Members: Vince Arena (seat 1), Steve Okun (seat 3) and Frank D'Ambra (seat 5). VILLAGE COUNCIL REORGANIZATION Mavor 1. Attorney Keith Davis called for nominations regarding position of Mayor. 2. Council Member Okun moved that Abby Brennan be elected as Mayor. MOTION: Council Member Okun moved that Abby Brennan be e/ected as Mayor; seconded by Vice MayorArena; motion carried unanimously 5-0. Vice-Mavor 1. Attorney Keith Davis called for nominations regarding position of Vice Mayor. 2. Vice-Mayor Arena moved that Council Member Tom Paterno be elected as Vice-Mayor. Council Member Paterno declined. Mayor Brennan passed the gavel and nominated Vince Arena as Vice-Mayor. MOTION: Mayor Brennan moved fhat Vince Arena hold the position of Vice-Mayor; seconded by Council Member D'Ambra; motion carried unanimously 5-0. COUNCIL REMARKS Mayor Brennan voiced her appreciation for Tequesta and its staff. She thanked Deborah Telfrin, Executive Assistant to the Village Manager for going above and beyond for Council. Village Council Reorganization Minutes March 13, 2014 Page 2 Vice-Mayor Arena thanked all of staff and pointed out how they perFormed additional tasks. Council Member Okun noted his admiration for public safety and thanked fire rescue for the part they play in Tequesta. Council Member D'Ambra concurred with Council comments, expressed his esteem, and thanked everyone for instilling faith in him as a Council Member. ADJOURNMENT: Mayor Brennan adjourned the meeting at 6:19 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. �--- �.a ,�,,,:a„ MINUTES VILLAGE OF TEQUESTA REGULAR MEETING MARCH 13, 2014 .� ,. F 3, CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Members Steve Okun, Tom Paterno and Frank D'Ambra. APPROVAL OF AGENDA MOT/ON: Council Member Okun moved approval of the agenda; seconded by Council Member Patemo; motion carried unanimously 5-0. PRESENTATION 1. Public Safety Pension Trust Presentation Pension Board Member John Terzakis offered a detailed presentation. He noted: returns versus benchmarks and IRS (Internal Revenue Service) concern regarding the DROP (Deferred Retirement Option Program) and the contributions compared to benefits. Mr. Terzakis explained actuarial fees and a decrease to the Village contribution figure forthcoming. 2. Recognition of Jennifer Gazo for her 25 Years of Service to the Village of Tequesta Mayor Brennan recognized Jennifer Gazo, spoke on Jennifer's background and accomplishments, and thanked her for her years of service to the Village. Ms. Gazo received her award with gratitude. CONSENT AGENDA MOTION: Council Member Paterno moved approval of the agenda; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 3. MINUTES - 2/13/14 Regular Meeting and 2/3/14 Workshop 4. Approval of Contracts Signed by Manager under $25,000 a. ASI Paving, Incorporated Contract # B-14-010, Restriping per the December 2013 Road Assessment $2,286.00. b. ASI Paving, Incorporated Contract # B-14-009, Asphalt repairs to the Country Club walking paths. - $1,725.00. c. Palm Beach/Treasure Coast Affiliate Agreement - allowing the Village of Tequesta general contact information to be shared to helpline callers within Palm Beach/Treasure Coast area. There is no charge for this service. Village Council Minutes March 13, 2014 Page 2 5. Award Three (3) Year Contract to Vivid Green Landscaping, LLC for the Mowing and Maintenance of Various Locations throughout the Village 6. Approve Citizenserve Funding Reallocation Due to Division of Community Development into Two Separate Departments END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member D'ambra commented on All Aboard Florida (AAF) and what he believed Council could offer. He noted Mayor Brennan's efforts and positive effect regarding the project. Vice-Mayor Arena commented on how much Parks and Recreation did for the Village and voiced his concern with the AAF project. Mayor Brennan noted the accomplishments of Friends of Public Safety regarding their upcoming Flag Raising Ceremony. STANDING REPORTS • Villaqe Attornev Attorney Davis commented that OIG (Office of Inspector General) funding litigation had been postponed tentatively to May 2014. • Villaqe Manaqer Manager Couzzo asked that Nate Litteral provide an update regarding the hydro-chloride tank, after Mr. Litteral's informative dialogue Manager Couzzo offered an update on expenses and revenues in consideration of the fiscal year's half way point. He noted that Marshalls/Home Goods would be the new tenants and had requested temporary signage. Manager Couzzo offered a brief update on the plaza. Consensus of Council was for the Village Manager to approve the temporary sign as a sign of goodwill. REGULAR AGENDA OLD BUSINESS 7. ORDINANCE 38-13. SECOND READING, ORDINANCE 38-13, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. X. OFF-STREET AND ON- STREET PARKING AND LOADING REGULATIONS. BY PROVIDING NEW PARKING REGULATIONS FOR VETERINARY OFFICE USES, BY ADDING REGULATIONS REGARDING PARKING LOT TRAFFIC CALMING DEVICES AND Village Council Minutes March 13, 2014 Page 3 INTERNAL SIGNAGE, AND REGARDING OFF-STREET YARD AREA PARKING SPACES; FURTHER REVISING CERTAIN PARKING SPACE, LOADING AREA AND DRIVE AISLE PARKING REQUIREMENTS, AND BY PROVIDING FOR INTERNAL CONSISTENCY AND UPDATED GRAPHICS; FURTHER AMENDING CHAPTER 78. ZONING. BY REPEALING ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 11, PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES ON PRIVATE LOTSSHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (TABLED IN FEBRUARY) Attorney Davis read Ordinance 38-13 title into the reco�d, provided handouts of the parking lot sketch and summarized the amendments. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. Jim Humpage, 562 N. Dover Road questioned if existing parking sizes were affected by this change. Attorney Davis responded no. He stated that maintenance of existing areas would not be affected; redevelopment changes in a parking lot would be mandated to adhere to the new language. Harold Taylor, 13 Chapel Court commented on traffic calming devices, their existence and probable issues if removed. Attorney Davis stated that plazas would not be required to remove any traffic calming devices. MOTION: Council Member Okun moved approval of Ordinance 38-13 as amended; seconded by Counci! Member D'Ambra; motion carried unanimously 5-0. 8. ORDINANCE 6-14, SECOND READING, AMENDING CHAPTER 78. ZONING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 1. GENERALLY, SECTION 78-143. SCHEDULE OF SITE REQUIREMENTS, AND DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT AND SECTION 78-180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET, AND ELIMINATING THE OPTION FOR A FIVE STORY BUILDING WITH UNDERGROUND PARKING; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET; AND ALSO AMENDING AT ART. VIII. PLANNED COMMERCIAL DEVELOPMENTS, SECTION 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM Viliage Council Minutes March 13, 2014 Page 4 PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET Attorney Davis read Ordinance 6-14 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. MOTION: Council Member Okun moved approval of Ordinance 6-14; seconded by Council Member Paterno; motion carried unanimously 5-0. 9. ORDINANCE 5-14, SECOND READING, AMENDING THE CHARTER OF THE VILLAGE OF TEQUESTA AT APPENDIX A. "VILLAGE OF TEQUESTA LEGAL DESCRIPTION". BY REDEFINING THE TERRITORIAL BOUNDARIES OF THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA SUBSEQUENT TO THE ANNEXATION OF 0.7278 ± ACRES, MORE OR LESS, OF REAL PROPERTY LOCATED ON US HIGHWAY 1 WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED IN ANNEXATION ORDINANCE NO. 15-12; WHICH REAL PROPERTY WAS ANNEXED INTO THE VILLAGE OF TEQUESTA BY THE VILLAGE COUNCIL PURSUANT TO PETITIONS FOR VOLUNTARY ANNEXATION; AND SUBSEQUENT TO THE ANNEXATION OF 1.463 ± ACRES, MORE OR LESS, OF REAL PROPERTY CONSTITUTING AN ENCLAVE AND LOCATED ON COUNTY LINE ROAD WHICH REAL PROPERTY WAS ANNEXED INTO THE VILLAGE OF TEQUESTA BY THE VILLAGE COUNCIL PURSUANT TO INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY Attorney Davis read Ordinance 5-14 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. MOTION: Council Member Okun moved approval of Ordinance 5-14; seconded by Council Member D'Ambra; motion carried unanimously 5-0. NEW BUSINESS 10. RESOLUTION 10-14, INCREASING THE FISCAL YEAR 2013/2014 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $24,122.00 Attorney Davis read Resolution 10-14 title into the record. Village Council Minutes March 13, 2014 Page 5 Manager Couzzo noted that Resolution 10-14 regarded funds for Tequesta Fest and summer programs. He explained that Tequesta Fest was not originally scheduled or budgeted and that Council approved the event, and utilized existing funds at that time. MOTION: Vice Mayor Arena moved approval of Resolution 10-14; seconded by Council Member Okun; motion carried unanimously 5-0. 11. RESOLUTION 11-14, RECOGNIZING THE VALIANT AND HONORABLE SERVICE OF UNITED STATES MILITARY PERSONNEL; ACKNOWLEDGING THAT PROVIDING EMPLOYMENT TRAINING AND ASSISTANCE FOR SUCH HONORABLY DISCHARGED PERSONNEL SERVES AN IMPORTANT PUBLIC PURPOSE, NOW MORE SO THAN EVER DUE TO RECENTLY ANNOUNCED ACTIVE MILITARY PERSONNEL CUTBACKS; FURTHER ACKNOWLEDGING THE LOCAL, STATE-WIDE AND NATIONAL NEED FOR OUTSTANDING SWORN LAW ENFORCEMENT OFFICERS; AND BASED ON THE FOREGOING, AUTHORIZING CREATION OF THE VILLAGE OF TEQUESTA "MILITARY TO MAIN STREET" PROGRAM FOR THE RECRUITMENT, TRAINING AND EMPLOYMENT OF HONORABLY DISCHARGED MILITARY PERSONNEL INTO LAW ENFORCEMENT CAREERS Attorney Davis read Resolution 11-14 title. Council Member Okun summarized the project referenced in Resolution 11-14. He noted his support, the shortage of police officers and Manager Couzzo's attempt to fill a void with veterans. Mayor Brennan noted letters received in favor of the program and that private funding was an option as well. Police Chief Elg commented that the program would offer a positive benefit to the Village and to veterans. He stated excitement had developed in the department as it would offer expansion and growth. He mentioned prospects in the process of retirement had recently submitted interest. Mayor Brennan felt the plan would assist the revitalization of the Village's reserve program. Council Member Paterno supported the undertaking and suggested Tequesta residents (veteran or otherwise) were considered for the training and assistance as well; although he voiced that obtaining the best candidate should be top priority. Manager Couzzo felt that the Village would be fortunate to find a resident who qualified and stated that the intent was not to be exclusionary but to create an offer or encouragement for military participants to apply, the intention was not to offer a guarantee to any one individual. MOTtON: Council Member Okun moved approval of Resolution 11-14; seconded by Council Village Council Minutes March 13, 2014 Page 6 Member D'Ambra; motion carried unanimously 5-0. 12. ORDINANCE 7-14, FIRST READING, AMENDING CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. BUILDINGS. BY CREATING AN ENTIRELY NEW SEC. 14-34. TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RESIDENTIAL ADOPTED. TO ADOPT LOCAL TECHNICAL AMENDMENTS TO THE FBC, RESIDENTIAL, THAT PROVIDE NEW FREEBOARD REQUIREMENTS MORE STRINGENT THAN THE BUILDING CODE MINIMUM REQUIREMENTS; AND CHAPTER 78. ZONING ARTICLE XII. FLOOD DAMAGE PREVENTION, SEC. 78- 802, BY CHANGING THE DEFAULT DEPTH TO 3 FEET ABOVE GRADE, EFFECTIVELY PROVIDING AN ADDED +1 FT. OF FREEBOARD PROTECTION, EVEN IN APPROXIMATE ZONE A Attorney Davis read Ordinance 7-14 title into the record and offered a brief background with a change requested by CRS (Community Rating System). Mayor Brennan opened the public hearing to Council for comments. Council Member D'Ambra commented on the elevation and grade in the surrounding area and questioned the effects of drainage on neighboring properties. Manager Couzzo responded that Village code specified mitigation and the change was to correct issues. Attorney Davis noted that the developer must develop a drainage plan according to code. Mayor Brennan opened the hearing to the public for comment; there being none she closed the public hearing. MOTION: Council Member D'Ambra moved approval of Ordinance 7-14 as amended; seconded by Vice Mayor Arena; motion carried unanimously 5-0. 13. Palm Beach County League of Cities Council Member Paterno offered a Fire Rescue Committee Report handout and synopsis of developments on the subject. He noted the upcoming meeting, that it would be held quarterly and highlighted past development. Chief Weinand clarified that specific regulations and criteria were set that must be abided by. Mayor Brennan stated she did not want to work cross purposes with the County. Council Member Paterno felt budget restraints were affecting the County and felt monitoring the unincorporated area was a financial strain on them. Council Member D'Ambra believed release or abandonment of unincorporated areas had been an ongoing issue within the County. Council discussed cross training of police, what was allowed and disallowed. Council Member Okun felt a contract for Tequesta services more beneficial than assuming the area totally. Village Council Minutes March 13, 2014 Page 7 ANY OTHER MATTERS Vice Mayor Arena suggested alternatives regarding the Village's welcome program and recommended a list of code violations be developed and distributed. Council Member Paterno felt information should be provided through the water department as he believed all residents visited there. Mayor Brennan voiced her concerns with the All Aboard Florida project and suggested that Mayors in areas being affected by the venture come together as a group to stay educated on developments. Consensus of Council was approval for the Mayor to proceed in organizing the group. ADJOURNMENT: Council Member Okun moved to adjoum the meeting; seconded by Vice Mayor Arena; motion to adjourn carried unanimously 5-0; therefore, fhe meeting was adjourned at 8:32 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. �__ _ ,�,,,,;r„ � MINUTES VILLAGE OF TEQUESTA WORKSHOP March 31, 2014 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 Tom Paterno. Council Member D'Ambra arrived at 6:02. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena; motion carried unanimously 4-0. 1. Council Duties Refresher Attorney Davis summarized essentiat highlights regarding the role of Council in Tequesta. Various members asked for clarification and offered their understandings. Manager Couzzo offered previous scenarios for clarity. Council discussed utilizing the Clerk's office as their guide and communication conduit on all correspondence. Council and Village Attorney Davis discussed public forums and the speaking responsibilities of individuals regarding Council representation or opinions of their own. 2. DISCUSSION: ORDINANCE NO. 27-13, SECOND READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78-551 THROUGH 78-554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACTIVITIES, AND BY CREATING AN ENTIRELY NEW SECTION 78-561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WITHIN THE VILLAGE Attorney Davis noted details of Ordinance 27-13 and asked for Council input. Mayor Brennan offered her opinion that the ordinance did not reflect what she believed had been discussed, and noted an event which was highly impacted because of deficiencies within the language. She felt the Village possessed great businesses and procedures did not present a business friendly rapport. Attorney Davis explained procedure associated with Village and State standards along with regulations regarding special events (with and without alcohol consumption). He explained that special event applicants must include proof of State authorization with their applications to the Village. Council Member Paterno voiced his opposition with the number of events and his opinion of the over allowance of events which offered alcohol. Mayor Brennan felt patrons and business owners in the area were responsible people and regulation could be implemented into the application and reprimands given if trouble arose at any event. Council Member D'Ambra suggested the Village encourage Village wide participation and Village Council Workshop Minutes March 31, 2014 Page 2 sponsor a"Village Days" event once or finrice each year. He noted the great success in his home town with this type of event. Council supported the idea. Attorney Davis suggested language be added to the alcoholic beverage code permitting alcoholic beverages, in conjunction with proper permitting and licensing. He then stated he would have the ordinance ready to be heard at the May Council meeting. Mayor Brennan suggested the ordinance be discussed at the May Workshop for Council's review before the regular meeting. Attorney Davis agreed. Council discussed three signs allowed per garage sale, removal of signs mandated by six p.m., and added to the application language (in large letters). Vice Mayor Arena suggested residents loose their right to future yard sales (for two years) if their signs were not removed. Council Member Paterno voiced his feeling that the sign language be left as is and referenced page four under fee schedules. Attorney Davis noted the fee schedule was on his list to review. Council suggested interrupting the meeting for an executive session before Council Member D'Ambra departed. The meeting adjourned at 7:57 p.m. into an executive session and reconvened at 8:33 p.m. Council Member D'Ambra left the meeting at 8:33 p.m. 3. DISCUSSION: ORDINANCE NO. 34-13, SECOND READING, AMENDING CHAPTER 78. ZONING. ART. XI. SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS, PROVIDING TIME LIMITS ON THE PERMITTING PROCESS; CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING TEMPORARY SIGN REGULATIONS AND PROHIBITED SIGN REGULATIONS, CREATING NEW FLAGPOLE REGULATIONS AND PROVIDING FOR GENERAL INTERNAL CONSISTENCY Mayor Brennan noted that Ordinances 34-13 and 41-13 would not be heard at the upcoming Council meeting. Council Member Paterno felt 45 days allowed too much time for temporary signage. Attorney Davis responded that the number was flexible. Mayor Brennan noted a prior sign which familiarized them with the process and felt a 45 day time frame was sufficient. Vice Mayor Arena questioned prohibited signs in the Village and the difference between residents or the Village placing signs. Attorney Davis noted that the government can utilize signs and grounds to inform their residents. Council Member Paterno suggested the Village place covered sign boards within the Village to inform residents. Council discussed and supported the idea of three Village informative boards placed at Village Hall, Country Club Drive and Tequesta Drive. Mayor Brennan voiced her concern for businesses utilizing and advertising with televisions inside their windows. Council felt businesses had the right. Attorney Davis stated it would be a difficult merchandising technique to address. Village Council Workshop Minutes March 31, 2014 Page 3 4. DISCUSSION: ORDINANCE NO. 41-13. SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES"; RELOCATING AND UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE I Attorney Davis noted verbiage in multiple places within the code which stated screening on three sides. Council Member Paterno noted residents who where screening four sides and areas improved on in the Village by residents' efforts. Vice Mayor Arena agreed with the screening of four sides and offered to monitor his neighborhood to be ce�tain the change would not cause hardship to anyone. Mayor Brennan clarified that existing homeowners would be grandfathered in. Council Member Paterno voiced his opinion with changes within Tequesta Country Club neighborhood from the loss of their bylaws, which he felt allowed residents to replace roofs with a less desirable material (shingles) and questioned if anything could be regulated within the Village code to assist with the upkeep on existing roof material. Attorney Davis stated he would look into it. ANY OTHER MATTERS There were none. ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Vice-Mayor Arena. The motion to adjoum carried unanimously 4-0; therefore, the meeting was adjoumed at 9:03 p.m. Respectfully submitted, Deanna Mayo, CMC 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 REGULAR MEETING APRIL 10, 2014 � �> CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Members Steve Okun and Frank D'Ambra. Council Member Tom Paterno was absent. APPROVAL OF AGENDA MOT/ON: Council Member D'Ambra moved approval of the agenda with Resolution 13-14 under number 15a; seconded by Council Member Okun; motion carried unanimously 4-0. PRESENTATIONS 1. Presentation on Proposed Tequesta Preschool Mayor Brennan voiced her support regarding schools and reminded Council of a previous discussion about placing a Charter School placed in the Village, and appeared to be supported. Mary Inglima, Representative and Realtor associated with the proposition noted that 399 N. Cypress Drive was zoned C2 which did not allow non-denominational preschools. She felt alternate areas did not offer space conducive for a preschool and that the contribution was an asset for Village residents. Ms. Inglima explained the interested person's apprehension to move forward with the purchase if her plan was not permissible. Council Members Okun and D'Ambra felt more information was needed and a workshop should be held regarding the item. Vice Mayor Arena agreed that the endeavor would be an asset for the community as well as their extended daycare. Attorney Davis noted that the request was to change the entire C2 zoning and suggested Council looked at the specific proposal regarding C2 to determine compatibility. Council Member D'Ambra questioned utilizing a special exception versus rezoning. Attorney Davis responded that it could be permitted as one or the other with additional added protections and stipulations as it would be applied to the entire zone, not just the specific lot. Mayor Brennan asked Ms. Inglima if she could be present to speak at the April 28 Workshop. Mr. Inglima responded yes. 2. Presentation of the Village of Tequesta's Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending September 30, 2013 Bayla Sherman, Marcum Director, shared that the Village had received certificates of excellence for the past 29 years for their CAFR reports which were a governmental Village Council Minutes Apri110, 2014 Page 2 requirement and an impressive statistic. She reviewed differences in the reports over the past years and provided a detailed overview of the current contents. 3. Presentation — Six Month Financial Overview Ms. JoAnn Forsythe, Finance Director, explained that the budget was at the half way point. Revenue budget numbers can be misleading due to encumbrances/purchase orders as it shows items paid for when they have not been paid for 100 percent. She noted the police department had accumulated overtime from lack of staff and that Chief Elg was working with Manager Couzzo on the issue. Mayor Brennan commended the finance department for their efforts and diligence. CONSENT AGENDA MOT10N: Council Member Okun moved approval of the consent agenda; seconded by Council Member D'Ambra; motion carried unanimously 4-0. 4. MINUTES — 2/13/14 Reorganization; 2/13/14 Regular; and 3/3/14 Workshop 5. Approval of Contracts Signed by Manage� under $25,000 a. 1000 Bulbs.com Agreement, Credit Application and Payment Agreement for the purposed of obtaining credit for purchases of material and services. No charge until materials and services are provided. b. Toshiba America Business Solutions, Inc. Notice, Consent and Agreement where Toshiba may assign to CIT Finance LLC for financing purposes. No charge. c. Toshiba America Business Solutions, Inc. 36 Months Lease on Studio 3055C Digital Copier 3/22/14-3/22/17 with all inclusive service agreement (maintenance and supplies) - $5,528.88 6. Council Approval of Interlocal Agreement Between Jupiter Inlet Colony and The Loxahatchee River Environmental Control District and The Village of Tequesta for Joint Participation and Project Funding of the Jupiter Inlet Colony Neighborhood Rehabilitation END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Okun summarized the Military-To-Main-Street (MTMS) program and offered additional information regarding sponsorship/scholarship and noted the academy presently cost $15,000 — $18,000. Vice Mayor Arena reported a court ordered abandoned house with an open and dangerous Village Council Minutes Apri110, 2014 Page 3 pool and thanked the police chief for efforts in making the property safe. Chief Elg thanked the three officers involved in securing the area. STANDING REPORTS • Villaqe Attornev Attorney Davis offered an update regarding the IG (Inspector General) litigation and noted it had been moved to the August docket. • Villaqe Manaqer Manager Couzzo commented on the Military-To-Main-Street (MTMS) program and asked Attorney Davis to offer funding information. Attorney Davis noted a commitment of $15,000 from GMH Partners (Futures of Palm Beach affiliates) along with FPL and Waste Management with commitment specifics forthcoming. REGULAR AGENDA OLD BUSINESS 7. ORDINANCE NO. 1-14, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, UPDATING ITS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE AS PROVIDED IN SECTION 163.3177(3)(b), FLORIDA STATUTES; PROVIDING THAT THE TEXT, AS UPDATED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT IN THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR TRANSMITTAL OF A COURTESY COPY OF THE ADOPTED AMENDMENT TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 1-14 title into the record. Mayor Brennan opened the public hearing for public comments; there were none. Council Member D'Ambra questioned specific police equipment costs. Manager Couzzo explained the departments need to upgrade their radio system. Mayor Brennan closed the public hearing. MOTION: Council Member Okun moved approval of Ordinance 1-14; seconded by Council Member D'Ambra; motion carried unanimously 4-0. 8. ORDINANCE NO. 2-14, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED Village Council Minutes Apri110, 2014 Page 4 APPLICATION WHICH PROVIDES FOR A AMENDMENTS TO THE TEXT OF THE FUTURE LAND USE AND HOUSING ELEMENTS ; PROVIDING FOR MAXIMUM DENSITY OF 18 UNITS PER ACRE FOR ALL ADULT CONGREGATE LIVING FACILITIES, AND EIGHT UNITS PER ACRE FOR REHABILITATION FACILITIES; FURTHER PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND OTHER REVIEWING AGENCIES AS REQUIRED BY SECTION 163.3184, ET SEQ., FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 2-14 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 Okun moved approval of Ordinance 2-14; seconded by Vice MayorArena; motion carried unanimously 4-0. 9. ORDINANCE NO. 7-14, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. BUILDINGS. BY CREATING AN ENTIRELY NEW SEC. 14-34. TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RESIDENTIAL ADOPTED. TO ADOPT LOCAL TECHNICAL AMENDMENTS TO THE FBC, RESIDENTIAL, THAT PROVIDE NEW FREEBOARD REQUIREMENTS MORE STRINGENT THAN THE BUILDING CODE MINIMUM REQUIREMENTS; AND CHAPTER 78. ZONING ARTICLE XII. FLOOD DAMAGE PREVENTION, SEC. 78-802, BY CHANGING THE DEFAULT DEPTH TO 3 FEET ABOVE GRADE, EFFECTIVELY PROVIDING AN ADDED +1 FT. OF FREEBOARD PROTECTION, EVEN IN APPROXIMATE ZONE A; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTERS 14 AND 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 7-14 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. Village Council Minutes Apri110, 2014 Page 5 MOTION: Council Member D'Ambra moved approval of Ordinance 7-14; seconded by Council Member Okun; motion carried unanimously 4-0. NEW BUSINESS 10. VAR 1-14, CONSIDERATION OF REQUEST FOR VARIANCE FROM THE REQUIREMENT OF SECTION 78-209 TO ALLOW TEQUESTA STEAKHOUSE TO SELL INTOXICATING LIQUORS, WINES AND BEVERAGES FOR CONSUMPTION ON THE PREMISES WITHIN A 680 +/- FOOT RADIUS OF ANY CHURCH, SCHOOL OR YOUTH CENTER, WHERE SECTION 78-298 CURRENTLY ALLOWS FOR SUCH SALE ONLY AT A 1,000 FOOT RADIUS OR GREATER FROM ANY CHURCH, SCHOOL OR YOUTH CENTER. THE PROPERTY IS LOCATED IN THE C-2 ZONING DISTRICT AT 157 NORTH US HWY 1, TEQUESTA, FL. THE APPLICANT IS BRIAN HETRICK, AGENT FOR OWNER. Attorney Davis offered details of VAR 1-14 and placed five persons under oath regarding the variance. He then asked Council for any ex parte communications, there were none. Nilsa C. Zacarias, Director of Community Development reviewed the applicants request and location. James Roy, 129 Intercoastal Circle, stated he had no issue with liquor on the premises, but was against loud music. Don Clements, Tequesta Steakhouse Co-owner, responded that the present intention was restaurant motivated and was not to aggravate neighbors. He expressed entertainment has been considered a possibility in the future. Council Member D'Ambra asked for an example comparison from the business. Mr. Clements responded that their plan was similar to the Kodi's Restaurant north of Tequesta, to open within 30-40 days. MOTION: Council Member D'Ambra moved approval of VAR 1-14; seconded by Council Member Okun; motion carried unanimously 4-0. 11. Request for Time Extension - Special Exception Use SE-01-12, KEY ESTATES TEQUESTA SENIOR HOUSING LP, 4546 County Line Road, is Requesting a Time Extension to the SE-01-12 Approval Order Nilsa C. Zacarias, Director of Community Development reviewed details of the special exception request and offered a brief history of the sequential process relating to SE-01-12. Mr. Thomas Romanelli, noted the plan developed by the previous owner was not professionally done and that they were working to facilitate the build and layout of ALF (Assisted Living Facility). Vice Mayor Arena asked that Council send a letter to the neighboring HOA (Homeowners Association) when the item returned. Manager Couzzo noted that a time extension added six Village Council Minutes Apri110, 2014 Page 6 months to the project. Mr. Romanelli stated it would take a year to break ground and thanked staff and the Village for all their assistance in the process. MOTION: Council Member D'Ambra moved approval of SE 01-12 Time Extension; seconded by Council Member Okun; motion carried unanimously 4-0. 12. ORDINANCE NO. 8-14, FIRST READING, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTIONS 2-183, 2-184 AND 2- 185. OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE UPDATED REGULATIONS REGARDING THE RECOVERY OF ADMINISTRATIVE COSTS, IN CONFORMANCE WITH RECENT COURT RULINGS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 8-14 title into the record and reviewed its purpose. Mayor Brennan opened the public hearing for public comments; there being no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 8-14 first reading; seconded by Vice MayorArena; motion carried unanimously 4-0. 13. RESOLUTION 9-14, AWARDING A CONTRACT TO MOTOROLA SOLUTIONS FOR THE PURCHASE OF AN 800 MHZ RADIO SYSTEM IN THE AMOUNT OF $232,926.00 AND APPROPRIATING ADDITIONAL FUND BALANCE IN THE GENERAL FUND AND THEREBY INCREASING THE 2013/2014 GENERAL FUND BUDGET BY $232,926.00 Attorney Davis read Resolution 9-14 title into the record. Chief Elg noted most recent information relating to the system. He expressed that the Village system was aging and explained that the County would provide infrastructure and maintenance and upgrades. Mayor Brennan questioned West Palm's investment plan into the Open Sky system and if it was the same. Chief Elg replied that it was not. He stated that his understanding a different vendor would be used but not part of the same system. He explained that they would have their own system; Tequesta would have theirs and their own equipment. Manager Couzzo noted that adopting this agreement had been under consideration for many Village Council Minutes Apri110, 2014 Page 7 years and was staffs professional opinion that this was the correct system. He explained that the approval for the purchase was in two parts: funding ($317,830), and the interlocal agreement. Manager Couzzo suggested a conditional clause be placed in the approval which dictates repayment to the General Fund be made if the funds were received from the federal agency funding. Attorney Davis suggested appropriating the funds, taking action and re- address repayment of the funding if and when the funds came in. Ms. JoAnn Forsythe, Finance Director noted that the forfeiture funds usage held specific regulation and that funds may not be available for expenses occurred in the past. She stated that revenues and expenditure relating to the item be specified to account 605. Attorney Davis agreed with Ms. Forsythe and recommended the forfeiture rules review be looked at closer. Manager Couzzo voiced his concern for a shortage with the purchase and clarified that the $232,926 was for purchase of the radios and should be corrected to $317,830 to include an additional $85,000 which covered the County agreement. He clarified that the funds would be coming out of the General fund reserves if forfeiture funds were not received. Attorney Davis explained that replenishment or repayment of the funds would need to accompany a second resolution. MOTION: Council Member Okun moved approval of Resolution 9-14 as amended in the amount of $317, 830 which included $85, 000 for the Interlocal agreement; seconded by Council Member D'Ambra; motion carried unanimously 4-0. 14. Council Approval of Interlocal Agreement between Palm Beach County and the Village of Tequesta for Interoperable Communications through the Palm Beach County's 800 MHz Radio System Mayor Brennan asked if there were any questions and called for a motion. MOTION: Council Member Okun moved approval of the Interlocal Agreement; seconded by Council Member D'Ambra; motion carried unanimously 4-0. Chief Elg thanked police and fire staff and all involved for their support and assistance with the item. 15. Council Discussion Regarding Donation Request from Jupiter High School for Project Graduation Mayor Brennan noted that funds had not been placed in the budget for this item. Council Member Okun voiced his opinion that it was inappropriate for the Village to donate tax funded dollars and suggested each council member donate individually if they so desired. Mayor Brennan supported the school that Village children attend. Council Member D'Ambra noted the post graduation event to ensure a safe post graduation activity. He added his feeling that it was not inappropriate to show support and offered $500 from his discretionary Viilage Council Minutes Apri110, 2014 Page 8 fund toward the request. He also donated $500 to the MTMS (Military-To-Main-Street). Vice Mayor Arena donated $500 from his discretionary fund. 15a. Resolution 13-14, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING THE RECRUITMENT, TRAINING AND EMPLOYMENT OF HONORABLY DISCHARGED MILITARY PERSONNEL INTO LAW ENFORCEMENT CAREERS THROUGH THE "MILITARY TO MAIN STREET" PROGRAM, TO BE A PUBLIC PURPOSE; AUTHORIZING THE VILLAGE MANAGER TO ACTIVELY SOLICIT AND ACCEPT, ON BEHALF OV THE VILLAGE OF TEQUESTA, DONATIONS TO ASSIST WITH THE FUNDING OF SAID PROGRAM; AND ENCOURAGING VILLAGE OFFICIALS TO DO THE SAME; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Attorney Davis read the resolution and noted details regarding its purpose which was to officiate a declaration of public purpose for fund raising and to assist with the Military-To- Main-Street program. MOTION: Council Member Okun moved approval of Resolution 13-14; seconded by Council Member D'Ambra; motion carried unanimously 4-0. 16. RESOLUTION 12-14. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ACKNOWLEDGING AND IDENTIFYING SIGNIFICANT PUBLIC HEALTH, SAFETY AND WELFARE CONCERNS RESULTING FROM THE "ALL ABOARD FLORIDA" PLAN; URGING LOCAL, STATE AND FEDERAL OFFICIALS TO ASSIST THE VILLAGE IN MITIGATING SAID CONCERNS; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read Resolution 12-14 title into the record. Mayor Brennan provided a detailed review of the All Aboard Florida and stated that she would send the resolution to Mayors in surrounding municipalities to request their support. Council Member D'Ambra commented on his understanding of the issue and suggested safety measures. Mayor Brennan responded that the pa�ticular area Council Member D'Ambra was referring to was in Jupiter. Council Member Okun suggested alerting the CEO at Jupiter Medical Center for involvement and suggestions. Mayor Brennan offered to call him. Council Member Okun stated that Council knew nothing about the venture until Mayor Brennan brought the item forward. MOTION: Council Member Okun moved approval of Resolution 12-14; seconded by Council Member D'Ambra; mofion carried unanimously 4-0. Village Council Minutes Apri110, 2014 Page 9 17. 2014 Governmental Assemblies Representation Appointments Mayor Brennan commented that Council Member Paterno had been the representative for the Palm Beach League of Cities, assumed he would like continue and offered herself in his place if need be. The remaining pledges stayed the same with the exception of Mayor Brennan & Council Member D'Ambra switching order on the Loxahatchee River Management Council and Mayor Brennan replacing Council Member Okun for the Northern Palm Beach Chambers obligation. ANY OTHER MATTERS Mayor Brennan reported that she would be presenting proclamations to the Tequesta women's group and several 100 year olds at a centenarian event locally. She noted that Jupiter High School planned to redo their stadium and were looking for Tequesta's participation. ADJOURNMENT: Counci! Member Okun moved to adjoum the meeting; seconded by Vice Mayor Arena; motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 8:11 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. ,-�„� —_. �