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HomeMy WebLinkAboutMinutes_Regular_04/10/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING APRIL 10, 2014 V fK 31 % CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Village Clerk 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 MOTION: 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 Village Council Minutes April 10, 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 MOTION: 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 S. Approval of Contracts Signed by Manager 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 April 10, 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 • Villaae Attorney Attorney Davis offered an update regarding the IG (Inspector General) litigation and noted it had been moved to the August docket. Villaoe Manayier 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 April Q 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. MOTION: Council Member Okun moved approval of Ordinance 2 -14, seconded by Vice Mayor Arena, 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 April10, 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 Mayor Arena; 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 clamed 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 Village 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 particular 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; motion carried unanimously 4-0. Village Council Minutes April10, 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 Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor Arena; motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 8A 1 p.m. Respectfully submitted, � (L� I r I &,� CSC 'iZ 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.