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HomeMy WebLinkAboutDocumentation_Regular_03_04/13/2017 MINUTES VILLAGE OF TEQUESTA WORKSHOP February 27, 2017 CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. A roll call was taken by Assistant to the Village Clerk, Mary Ann Grieser. Present were: Mayor Abby Brennan, Vice -Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Patemo and Council Member Frank D'Ambra. 1. Discussion on Annexation Village Manager Michael Couzzo reminded Council that there had been recent workshop discussion regarding the annexation issue and he was looking for feedback and direction on how to proceed forward. Council Member D'Ambra informed Council that he had been working with Ms. Nilsa Zacarias, Director of Community Development and with Village Attorney Keith Davis regarding this issue. He went on to explain that there had been some discussions with Senators at the recent Legislative Round Table. During these discussions The Village of Tequesta as well as other municipalities, had raised concerns over the definition of "enclave" as it was defined within the legislation. He went on to reveal that several Senators spoke of revisions or amendments to the legislation regarding these enclaves. Ms. Zacarias added that she had been in touch with Ms. Kim Glas- Castro, Land Development Director for the Village of Palm Springs. Ms. Glas -Castro had mentioned to Ms. Zacarias that Palm Springs was working on an amendment that would focus on the requirements of involuntary annexation and also the definition of "enclave." Ms. Zacarias handed out an email document to Council, which demonstrated involuntary annexation, and who was able to vote on it within a municipality. It was determined that any changes to current annexation legislation would have to be addressed in Tallahassee. Council Member Patemo asked if the email had anything to do with the Village's own annexation process with Palm Beach County. Ms. Zacarias confirmed that it had nothing to do with the Village's enclaves. Ms. Zacarias informed Council that she and Attorney Davis recently met with the Palm Beach County Legal Council and Planning Director regarding the ownership of County Line Road. She revealed that the area up to the median was owned by the Palm Beach County, however, from the median to the north, was owned by Martin County. She informed Council that pursuant to Florida Statutes, annexation could not be pursued to create an enclave. Additionally, Palm Beach County suggested the Village go before the Village Council Workshop Minutes February 27, 2017 Page 2 Florida Legislator to propose an act that would mandate the annexation of local enclaves. She concluded that the only other option was to pursue the inter -local agreement with a chance the County may not support it. Manager Couzzo reminded Council that the legislation had already changed and that the Village administration just needed some direction. Council Member D'Ambra believed the definition of enclave still needed clarity, however, he realized Palm Beach County also had the ability to deem the enclaves to become annexed. He advised the Village prepare for the next legislative session and to not act until then. It was revealed that there were several areas in Martin County that the Village provided emergency services to, without any compensation. Council Member Patemo suggested the Village stop responding to calls within the enclave areas, as they were not paying for such services. Manager Couzzo disclosed that Village police were obligated to respond to emergencies, due to a Mutual Aid Agreement. Council Member Patemo then suggested that the Village cease responding to calls that were routine in nature. Mayor Brennan revealed that a call came into the Village of Tequesta Fire Department recently that was identified as a "domestic" situation. Village paramedics were not able to respond, as they were required to wait for the Palm Beach County Sheriff, who arrived 18 minutes later. As a result of the extended response time, the patient lapsed into unconsciousness. Mayor Brennan queried as to how many calls the Village responded to, that were not actual emergencies. Council Member Patemo suggested the non - emergency, out of area, calls be documented. Manager Couzzo believed that Chief Elg could give further information on emergency calls and relationship issues with the County. Council Member Okun agreed that documentation was needed in reference to the calls that had been problematic with County response time. Council Member Patemo requested the appropriate parties be present at workshop meetings, in order to get all the information necessary for Council to then make decisions. Manager Couzzo suggested the Village appeal to the County rather than the state legislator as it would take less time. Mayor Brennan requested that Manager Couzzo invite the Police Chief to the next Workshop meeting in order to answer some questions regarding police calls within the enclaves. Council Member Patemo asked that he bring documentation regarding emergency calls for the next meeting. Village Council Workshop Minutes February 27, 2017 Page 3 Council Member Patemo asked if the Assistant Police Chief was a fill -in for the Chief. Manager Couzzo answered that yes, he was the acting Chief, whenever Chief EIg was not present. 2. Discuss the Purchase of Sensus iPERL Water Meters from HD Supply to Replace the Aging Water Meter System. Manager Couzzo wanted to clarify any misunderstanding on the actual cost of the Sensus iPERL meter system which was discussed at the last Council Workshop. He advised Council that it would not be a one -time occurrence of $200,000, but instead a one -time rate increase of four percent over a five -year period of time. He felt it would take at least a year before any funds would be generated, even with an immediate rate increase. Manager Couzzo remarked that a loan was also possible. Mayor Brennan recalled recent discussion during which the $200,000 was discussed as being the increase for the system. She now believed that it would really cost approximately $800,000 to one million dollars. Council Member Patemo advised that it would actually cost approximately $800,000 because other money was already allocated for the meters. Council Member D'Ambra recollected that during the last workshop it was determined there was already money budgeted for the meter replacement of the entire system. The cost to upgrade to the electronic version was an additional $200,000. Council had agreed that the new technology was worth the additional cost. Manager Couzzo revealed that there was money in the budget, based upon the rate increase of eight percent per year for the next three years, with an increase of three to four percent beyond that time frame. There had already been one increase to date. Manager Couzzo informed Council that the system had approximately 5,000 meters within it. To replace all of the meters would cost $1.3 million dollars. However not all of the meters needed to be replaced, as half of the system was 10 -11 years old, with a life expectancy of approximately 20 years. He estimated the Village replaced about 1,000 meters annually. Vice Mayor Arena asked how many meters were changed out last year. Sam Heady, Deputy Director of Utilities answered that 743 meters were changed out by Village employees last year. Council Member Patemo assured Council that there were efficiencies built into doing the iPERL system. He believed it would pay for itself thru attrition and reduced staff, offering a savings $87,000 per year. Manager Couzzo countered that the savings would not come thru attrition. He noted that if anything, there would be additional utility personnel added in order to upgrade the water system over the course of the next decades. Council Member Patemo disagreed and stated the need for employees to read meters would be reduced, whether the Manager chose to reassign them to another area or not. Village Council Workshop Minutes February 27, 2017 Page 4 Council Member Patemo maintained that the savings would be evident in having Tess labor involved in the process. He pointed out that if management chose to take the savings and apply it to another area, it did not negate the fact that it was still a savings. Council Member D'Ambra asked how much was budgeted for the replacement of meters per year. Mr. Heady revealed that according to the rate study, $586,000 had been approved for meter replacements over a period of five years. Council Member D'Ambra calculated the approximate $600,000 meter replacement cost with the $500,000 in additional revenues, bringing the total to $1.1 million. He then added a three percent rate increase, reaffirming the possibility of having the system paid for within an additional year and a half. He recommended the three percent increase stay in place to fund the water distribution system reserves. Council D'Ambra recalled the issue was the loss of revenue associated with the older water meters inability to fully capture the water flow. Mr. Heady verified that the lost revenue was within the one to two percent estimation. Manager Couzzo opined that he did not anticipate any additional revenue from the new water system. He cautioned that there would be less revenue because leaks would be detected sooner. Council Member Patemo countered that there was leakage within the system before the water ever arrived at the meters. He maintained that there would be a cost reduction related to the treatment and development of the water, as the new system software had a feature that could pinpoint any leaks within the system. He further emphasized the new system would make it easier to locate the region in which the loss of water had occurred. Vice Mayor Arena reported that there were 475 calls for the water department out of 5,000 meters last month. Council Member D'Ambra estimated there was still a gap of $700,000 and questioned how much of that amount could be made up thru the higher water bills. He recalled being told that the full flow of water was not being captured, due to the inaccuracy of older meters. He felt that the two percent of lost revenue could be captured by the new system and would help subsidize the new meter upgrade. Manager Couzzo reminded Council that there were benefits to the new meter system but asked Council to make sure this was where they wanted to invest the money. He further opined that this was not a "break even" scenario. Council discussed the fact that the new meters were essentially the same, with the main difference being the antenna. Mr. Heady advised that the antenna would cost anywhere from $141 to $161 per piece, depending on the number of ports. Village Council Workshop Minutes February 27, 2017 Page 5 Mr. Couzzo added that poles would also have to be purchased. Vice Mayor Arena concluded that adding antennas was not a major undertaking and that everything else had already been budgeted. Manager Couzzo advised Council on going either one hundred percent with the automated system or not at all. He remarked that extending the project out over five years was not prudent. Manager Couzzo needed to know if Council wanted to do the system and if so, how quickly they intended to have it installed. He would need this information in order to determine how to fund the project. There was some confusion on tax reduction and rate increase timing. Manager Couzzo again asked Council as to when they would like the automated system completed. He needed to arrange for a loan if Council decided to do this soon. Council Member D'Ambra questioned why there was a need for a loan, if there was money set aside in capital reserves. Manager Couzzo explained the Village had four million dollars in reserves at the moment, however it was not enough to pay for the meters. He reminded Council that if there was a leak in the system or a main break, then the reserves would be affected. Mayor Brennan asked if there would be any ongoing maintenance costs associated with the new system. Mr. Heady reassured her that any maintenance would be handled "in house" and that the software cost was $12,000 annually. Council Member Patemo asked for an estimate on how many new meters had already been installed. Mr. Heady informed Council that about 1000 new meters had already been installed by Village employees. It was determined that the balance of the 3,500 meters was already in the budget. The only outstanding cost would be antennas, other equipment, and installation estimated at $700,000. Council Member D'Ambra suggested taking the system out to bid in order to get a hard dollar cost on purchasing the system. Mayor Brennan was concerned that the existing meters would not be compatible to any other system. Manager Couzzo agreed that if Council decided to use a different company, there was a possibility of the meters not being compatible. Council Member D'Ambra again recommended going to bid with the existing company as well as others in the field, to get some hard numbers. Manager Couzzo remarked that there could be a legal problem with going to bid, if there was not enough money in the budget, as there were different regulations regarding the bid process within the govemment sector. Council Member D'Ambra suggested using the data that was currently available showing the loss /gain of water in the older versus newer meters, in order to calculate a revenue number. Mayor Brennan requested a hard cost estimate showing the savings, loan costs and revenue projections. She was not comfortable with dipping into the reserves. Village Council Workshop Minutes 9 p February 27, 2017 ry , Page 6 Council Member Paterno reminded Council that there had already been two meetings on the subject and there were still no hard numbers available. He did not understand why Council was still waiting for this information. Mr. Heady revealed that the costs that he had provided to Council were as close as he could estimate. Mayor Brennan asked if the new meters could be phased in with the older meters and Manager Couzzo confirmed that they could. Vice Mayor Arena reiterated the request to have Chief Elg attend the next Workshop Meeting and to also have some hard numbers available on the new water meter pricing. Village of Tequesta Attorney Amity Bamard answered Manager Couzzo's previous inquiry by clarifying that the Village was able to go forward with the bid process and was not bound to enter into a contact until it was ready to do so. Vice Mayor Arena announced that the Village's 60th Anniversary party had been cancelled due to several factors which included, weather, timing and date issues with vendors. Council Member D'Ambra suggested incorporating the anniversary with the 2017 Tequesta Fest scheduled for November. Council Member D'Ambra reminded Council that they were still waiting for sidewalk estimates from Doug Chambers, Public Works Supervisor. Vice Mayor Arena suggested all Council Members including Manager Couzzo drive by the car lot on US Highway One to determine if its' condition was acceptable to the Village of Tequesta. ADJOURNMENT: Council Member D'Ambra moved to adjoum the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 7:58 p.m. Respectfully submitted, Lori McWilliams, MMC Village Clerk Village Council Workshop Minutes February 27, 2017 Page 7 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 March 9, 2017 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:25 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor D'Ambra, Council Member Steve Okun, Council Member Tom Patemo, Council Member Arena. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member Arena; motion carried unanimously 5 -0. PRESENTATION Public Safety Pension Board Presentation - John Terzakis, Pension Trustee Mr. Terzakis advised that at the last public safety pension meeting on February 9, 2017, they were notified that The Bogdahn Group (advisors) changed its name to AndCo Consulting. Unfortunately, quarterly return was less than desirable but the quarter closed on December 31, 2016 so the numbers did not reflect a rebound that occurred after the inauguration. The retum was -.104 percent for the quarter versus the benchmark of 1.30 percent. After some consideration, The Bogdahn Group /AndCo was instructed to change to a satellite and core index strategy. This utilized some index funds and reduced overall portfolio costs, with the benefit of active management. The biggest performer was Templeton Global Fixed Income Fund. The Board discussed asset allocations, decided to move 50% equity into that fund and asked the new managers for suggestions of new growth investments. Two new state laws that affected Village contributions to the pension plan were outlined in distributed materials. The Board recommended a lower assumed rate of return of 7.25 %, which was still higher than what was advised by actuaries, but they felt it was a step in the right direction. In the actuaries' opinion, our fund was in excellent condition Minutes — Regular 03/09/17 Page 2 as costs and contribution rate volatility were both low. Vice Mayor D'Ambra asked whether Bogdahn /AndCo's effectiveness warranted their fees. Given the pension's below - market performance, he also questioned the support they provided. Mr. Terzakis responded that the board made suggestions and recommendations and although Bogdahn did their job, they were not proactive. A suggestion from Vice Mayor D'Ambra was to set expectations for Bogdahn to meet or face replacement. He had concems before but felt that he had not observed long enough for a fair assessment however; he felt that now there had been enough time. According to Mr. Terzakis, the numbers since inception reflected that the Board was where they wished to be but the pension was not capitalizing on market upcydes. Fee reduction was always a possibility but if The Bogdahn Group /AndCo was not more proactive, it may be time to look for a replacement. Council Member Patemo asked if, with name change, Joe Bogdahn left the company and what effect that had. Mr. Terzakis confirmed that he sold the company but was uncertain of the effect on the Pension as he did not know the extent of Mr. Bogdahn's involvement. CONSENT AGENDA MOTION: Council Member Okun moved approval of the Consent Agenda; seconded by Council Member Arena; motion carried unanimously 5 -0. Council Member Patemo requested more details about item 13 however did not want it pulled from the Consent Agenda. Mayor Brennan determined that the Village Manager would summarize the item in his report later in the meeting. 2. MINUTES: January 9, 2017 Regular Council Meeting and January 30, 2017 Workshop 3. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.): a) Only Trees Estimate -Tree Removal — Public Works $ 2,950.00; b) Southeastem Printing Quote 81957 - 2/Smoke Signals - Administration $2,403.00; c) Southeastem Printing Quote 81958-1/Smoke Signals - Administration $546.00; and d) Mock Roos Professional Engineering Agreement/Flushing Unit Rolling Hills - Utilities $16,650.00 4. RESOLUTION NO. 13 -17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE Minutes — Regular 03/09/17 Page 3 GENERAL FUND #001 2016/2017 BUDGET IN THE AMOUNT OF $60,000.00 TO REFLECT RECEIPT AND SUBSEQUENT USE OF GRANT FUNDS FROM THE FLORIDA INLAND NAVIGATION DISTRICT; MEMORIALIZING THE ACTION TAKEN AT THE FEBRUARY 9, 2017 VILLAGE COUNCIL REGULAR MEETING. 5. RESOLUTION NO. 14 -17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE SPECIAL LAW ENFORCEMENT TRUST FUND #605 2016/2017 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $171,400.00 6. RESOLUTION NO. 15 -17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DETAILING AND RESTATING COUNCIL ACTION TO APPROVE THE PURCHASE OF A NEW POLICE/FIRE RESCUE BOAT AND TRAILER AND AWARD A CONTRACT WITH BRUNSWICK COMMERCIAL AND GOVERNMENT PRODUCTS, INC. FOR SAME IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND, SIX HUNDRED FIFTY ONE DOLLARS ($180,651.00); AND TO APPROVE THE PURCHASE OF A NEW TOW VEHICLE AND AWARD A CONTRACT WITH ALAN JAY FLEET SALES FOR SAME IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND, SEVEN HUNDRED FORTY EIGHT DOLLARS ($50,748.00) 7. Update on the Planning and Zoning Board Serving as the Infrastructure Surtax Citizen Oversight Committee 8. Machinery and Equipment Advisory 9. Fiscal Year 2016/2017 Budget Amendments 13. Approval of Interim Finance Director Agreement END OF CONSENT AGENDA Minutes — Regular 03/09/17 Page 4 COMMUNICATIONS FROM CITIZENS All but one of several residents wished to speak regarding Item 11 therefore Mayor Brennan announced that they would have a chance to speak when item 11 was discussed. Susan Feldman of 515 Cypress Circle in the Cypress Ridge subdivision stated that when she moved to Tequesta two and one half years ago, she understood that the roads in her neighborhood were to be paved. There were rugged roads all the way down the community. It was a lovely neighborhood except for the roads. Mr. Couzzo agreed to look at the schedule and update her on the issue. COMMUNICATIONS FROM COUNCIL Council Member Arena mentioned a friend of his commented that the Village had had no elections for quite some time. He stated that it was a privilege to have served for the past nine years. While there were many fine people eligible to serve, they must be content with present leadership or they would run for election. He then announced that this was the last year he would serve on the Village Council. He offered insight into the time obligation of a council member and expressed again his thanks for being allowed to serve. Vice Mayor D'Ambra stated that Council Member Arena would be sorely missed. Mayor Brennan would certainly miss his astonishingly accurate memory. STANDING REPORTS Village Attorney Village Attomey Keith Davis advised that the legislature was back in session then summarized several bills of significance. House Bill 843 was an amendment, which allowed discussion between two members of boards of five or more without violating sunshine laws. House Bill 7021 required that candidates for the goveming body of a municipality file a full and public financial disclosure form upon qualifying. This was a much more invasive form than what was presently required. Senate Bill 596 involved telecommunication facilities and rights of way. It inserted significant state preemption into local govemments' ability to regulate its own rights of way and additionally, how certain small cell facilities were placed. Aside from Building Codes, this took away regulation authority of the Village. House Bill 163 concemed public records regulation and ty 9 P e9 gave the courts discretion in the award of attorney fees in public records lawsuits. That the court had this ability was good if it was determined that a record request was harassment. House Bill 17 preempted business and occupation regulation activities, including zoning, to the state. This bill had extreme consequences for local govemments. The Florida Minutes — Regular 03/09/17 Page 5 League of Cities was lobbying against this bill. Mayor Brennan expressed the importance of being part of a coalition like the League of Cities. Village Manager Village Manager Couzzo explained that since Finance Director JoAnn Forsythe would retire, Consent Agenda item 13 requested authorization to contract with a personnel agency for an interim finance director. Until a permanent director was found, he felt it prudent for the Finance Department to have guidance and assistance through finalization of the audit and CAFR compilation process. Of four interim candidates interviewed, one was agreed upon as the best fit. Mr. Couzzo thanked Human Resources Director, Merlene Reid for her assistance. Acting Building Director Jose Rodriguez and Mr. Couzzo determined that a weekend code inspection program was in the Village's best interest, therefore beginning in April, a Saturday inspection program would be implemented. The negotiation between the Lighthouse Cove community and Waste Management was completed and an agreement signed, which indemnified The Village against a lawsuit regarding the billing issue in the future. Mr. Couzzo received a phone message from the Deputy Inspector General regarding the fleet maintenance audit. It was a very clean audit with only the recommendation that existing verbal policies be put into writing. This would be done. REGULAR AGENDA OLD BUSINESS There was none. NEW BUSINESS 10. SE 02 -17: Dinner Under Tent Fundraiser. Special Event Application from Hannah's Home of South Florida. The event will be April 8, 2017 from 5:30 PM to 8 PM. Alcohol will not be served, and the projected number of attendees is 250 people. The event will take place at 4390 S. County Line Road. Minutes — Regular 03/09/17 Page 6 This was a special exception permit application due to the number of people expected in attendance. MOTION: Council Member Okun moved approval of SE 02 -17; seconded by Council Member Arena; motion carried unanimously 5-0. 11. VAR 02 -17: Application of Bartl Real Estate Inc. for five (5) Variances from the requirement of C -2 Community Commercial District Sec. 78 -143 (side and rear setbacks); Section 78- 691(width of seven (7) parking spaces); Section 78-696 (location of loading zone) and Section 78- 409 (width of landscaping strip) to build a four (4) level building. The address of the property is US Hwy One between Palm Court and Harbor Road, Tequesta, Florida 33469. PCN 60- 43 -40 -30 -0200 - 50010. Attomey Davis announced the quasi-judicial nature of the proceeding, placed seven people under oath and inquired of council about any ex -parte communications. Mayor Brennan disclosed that she spoke with Mr. Sanchez after his last presentation for clarification of some details. A review of Council's role in the quasi-judicial variance hearing was provided by Attomey Davis. The applicant bore the burden of providing competent and substantial fact -based evidence that supported each of six criteria in the Village Code. Public comments would be taken but may or may not rise to the level of competent and substantial evidence. If a motion was made to approve, that meant that the motion maker believed all the criteria had been substantiated. If a motion was made to deny, the motion maker needed to specify which criteria were not met, as the record required that information. Furthermore, Mayor Brennan added that the discussion was not about design but strictly the variances requested. Community Development Director Nilsa Zacarias briefly described the project and restated that this review was for the u se of variances only and that even if approved, P � Y PP the project faced many more reviews before final approval was sought from Council. Michael Sanchez (agent for the Austrade office building application) represented the owners who provided a letter since they were unable to attend the hearing (entered as Exhibit 1). He stated that the variances requested were primarily due to the small size of the site and then made a visual presentation (Exhibit 3). Mr. Sanchez pointed out that the grade differential from the west to the east side of the property was just over 8 feet. The proposed site plan was a professional office building of approximately 15,000 gross Minutes — Regular 03/09/17 Page 7 square feet and 9400 leasable square feet in three office floors as seen from US Highway 1. One floor underneath the level of the highway was planned for parking and storage. An alley on the east side of the property would be improved and developed as others in the area had been. There would also be a parking lot on the same grade as, and facing US 1 with a tumaround spot and a retaining wall on the east and south sides of the parking lot. Standard business office hours were expected therefore low noise and odor as opposed to a restaurant type business. Mr. Sanchez stated that the 4000 square foot footprint was in keeping with the size of nearby homes and the contemporary designed building was within the code requirement for height. The first requested variance removed an additional five -foot requirement from a side setback. The Village of Tequesta's code required a 20 -foot setback but for a building greater than three stories, five additional feet of setback were added per floor. Due to the subterranean parking and storage design an additional 5 feet of setback was required. The owner's justification for this request was that from US 1, the building appeared to be only three stories and the site was only one half acre. A required setback to the rear of the building was 10 feet but again, due to the appearance from the rear of an additional story, the required setback was increased to 15 feet. However, these calculations did not consider an adjacent 20 -foot wide alley. With the alley included, there was 30 feet of setback. The owner requested a 5 -foot variance with the justification that this was an end user, not a developer, the design proposal included a landscape buffer on the east side of the alley and more of the pavement was closer to the building instead of the neighboring properties. The third variance was regarding the width of some parking spaces. Although the standard width for Palm Beach County and Palm Beach Gardens parking spaces was nine to nine and one half feet respectively, the current Village of Tequesta code required 10 -foot wide parking spaces. Spaces along the front and side of the building were ten feet wide with some compact parking spaces in the underground parking level. Relief was requested for six inches off the width of seven parking spaces with the justification that The Village required a sufficient turnaround space and this necessitated that the extra inches come from narrowed parking spaces. The owners did not need it or want it and would never use it but because the building plan was over 10,000 square feet, Village code required a loading space. Their only deliveries were made by FedEx or UPS, which came to the front door. Since code says the loading space cannot be in a drive aisle, this variance requested waiver of that stipulation and allowed a loading space in the front drive aisle. That any deliveries were made to the front anyway and a loading space in front would be of least impact to nearby residents was the justification given for this item. Minutes — Regular 03/09/17 Page 8 The fifth variance concemed the requirement of four feet of landscape between the parking spaces and the building. Plans called for landscaping eight feet out from the front of the building while the area of landscaping on the smaller side areas would be reduced to one to two feet from the building. Mr. Sanchez felt this variance was justified due to the small size of the site. After Mayor Brennan opened the discussion to Council for comments, Council Member Okun expressed serious concem that this was over development. He was troubled about deliveries made to the front and the back of the building and the impact on neighbors to the east. Any time Council accommodated development on the US Highway 1 corridor, issues arose. Although he felt Mr. Sanchez did a laudable job trying to make it fit, relocation of some landscaping was not the same as adherence to regulations. He remained critical of the project on that piece of property, especially with residents just to the east. Council Member Patemo pointed out that several times, Mr. Sanchez mentioned the small size of the site. He compared the square footage of his own house and lot to the proposal and felt this was overbuilt. The view from neighboring properties was that of a four -story building. He would be appalled if this was approved as Council always said they tried to keep Tequesta relatively as it was and the Village Code was what the Village wanted. A prior plan was for two stories with one underground level. Only a setback variance was required for that and he recommended approval of exactly what was previously approved. In his opinion, the owner created his own hardship. A packet that contained photographs and sketches was distributed by Council Member Patemo and made part of the record as Exhibit 2. It documented the close proximity of the alley with neighbors to the east and the alley to the north behind the car rental business, which was problematic. He stressed that twenty feet was not much space. Mr. Sanchez acknowledged the 20 -foot alley and explained that his client's need for the square footage and the underground parking necessitated the variance. He gave an example of the medical office building on Harbor Road that was level with US Highway 1 at the front but in back, there was a retaining wall at the alley. If not for the underground parking, a retaining wall could be built and a variance to the rear and side would not be required at all, as the proposed building was still within the height requirement. Council Member Patemo noted that the doctor's office was only one story high (not four stories from the rear view) and in keeping with the neighborhood. Council Member Okun spoke of potential future problems and was not in support of the project. Vice Mayor D'Ambra stated that this was commercial zoned property on US Highway 1. He recalled that Attorney Davis instructed Council to determine whether the variances requested were reasonable and justified. Vice Mayor D'Ambra felt that the reduction of seven parking spaces by six inches each was not unreasonable. In addition, storage did not mean warehouse storage and delivery but more office-type storage. He felt that the Minutes — Regular 03/09/17 Page 9 applicant made a good case regarding the variances. As a three story building, they needed only ten feet of setback. The building appeared as three stories from all but the back; with the alley, 30 feet of setback existed, three times the distance required. He did not consider this request unreasonable. An office building at that location was much better than a retail business as business hours had less impact on neighbors. He was in favor of the project with the proper buffers. If things were not done properly, the project would not move forward through other inspections but as far as the requested variances, he thought they were reasonable. Another project that passed code requirements may not be as good a fit for the area. Council Member Arena found the sidewalk on US Highway 1 level with the first floor of the home behind it. Conditions in the alley behind nearby businesses were disgraceful. He expected large trees and landscaping so that people living behind the building would not see the second floor. Council Member Arena had no problem granting a five -foot variance to the rear of the property as the alley would be made presentable. The allowance of 42 inches from seven parking spaces did not bother him either. The proposed retaining wall was good as was the location of landscaping. UPS, FedEx, etc. made deliveries to the front of the building, which buffered those deliveries from the neighbors to the east. Council Member Arena inquired about addition of a clause that specified requirements for a retail loading zone. Attorney Davis explained that a variance applied to how a building was built not how it was used. Zoning codes contained the requirements for use of a property. Council Member Okun left the room at 7:43 p.m. and returned at 7:45 p.m. Regarding a plant buffer, Council Member Arena drove around and looked at many in the area. Jupiter Point's buffer was awful. Where a normal buffer is four feet, the first foot is mulch, then plants. He saw no problem with taking two feet off if the first foot was mulch anyway. He reiterated Vice Mayor D'Ambra's sentiment that this was a commercial zoned property and people who purchased neighboring properties knew that. In re- addressing the alley behind the US 1 businesses, what those neighboring homeowners must look at he described as disgusting. Council Member Arena cautioned that he would expect to stand in a yard behind this project and only be able to see the top of the building because the landscape so covered the rest of it. Otherwise, he saw no problem with the variances. Mayor Brennan stated that this was always a commercial zone because that is what The Village of Tequesta wanted there. She would rather not see a retail business there but although she was sensitive to folks that lived east of the site, what Mr. Sanchez proposed made sense. She wanted the county to memorialize that maintenance of the alley landscape was the property owner's responsibility. The lot presently looked terrible and she was in favor of the improvement. Minutes — Regular 03/09/17 Page 10 Council Member Okun acquiesced the commercial zoning of the lot but spoke about the large size of the project and that it should be reduced. Council Member Arena welcomed the residents to attend and participate in future steps of the approval process. Vice Mayor D'Ambra reminded that this was but one vote of a series of votes on this or any project that occupied that space. The goal was the satisfaction of the property owner and nearby residents. In Council Member Patemo's opinion, The Village created the problem behind Baldino's when it granted a variance. He did not want to deviate from the plan that took a long time to put in place. Since the owner purchased the property in 2016, he would have known about all this at that time. Vice Mayor D'Ambra felt that the variances were not significant or unreasonable and in many ways exceeded our zoning codes. Council Member Patemo asked where in the five -foot area these big trees would be planted. There was no room or they would overhang neighbors' properties. He felt additional setbacks were warranted when commercial land abutted residential. Council Member Arena asked Community Development Director Nilsa Zacarias to ensure the landscape architect was made aware of all the concems. Mayor Brennan opened discussion to residents. First to speak was Josh McManus of 3417 Harbor Road South. He was a business owner and more important he felt, a parent. Something that was not considered was that he was an avid botanist and his afternoon light would be lost; in addition, no hedge hid a four -story building. Also of concern was extra traffic on the street and water runoff from the pavement onto his yard and into the canal. There was no other four -story building for a mile to the north or south. This was a disproportionate sacrifice and compromised the things that people liked about Tequesta in general. He felt it was a shame that these variances were even discussed and agreed with Council Member Patemo's opinion that code requirements be more strictly adhered to where commercial meets residential areas. According to Phillip Babbitt of 3447 Palm Court, the "buffer" was a utility easement; any trees taller than twelve feet were not an option there due to utility lines. Runoff was an issue for nearby residents as their water sources were wells. Runoff from nearby businesses already occurred and this would increase it. He wanted the safety of and traffic on Palm Court addressed by The Village as there were ongoing traffic problems with Budget Rent -A -Car. Mr. Babbitt suggested the relocation of Austrade's entrance from Palm Court to US Highway 1, which eliminated extra traffic on their road. Cars already used their driveways and lawns to tum around. Those who had spoken already voiced her concems, however, Audrey Helm of 3430 Harbor Road South wished to reply to the comment of knowing where one bought property. They knew they purchased property next to a commercially zoned area and were fine with previously approved plans for three stories in the back and two in the front. Asking for bigger, taller and wider was not fair to those around it. Minutes — Regular 03/09/17 Page 11 Frank Sardinha, 3433 Harbor Road South, stated that no variances were requested for the previous plan. He implored of Council that if there was any time to be sensitive, it was when commercial property backed up to a single - family residential zone. He realized that this was a small piece of property but the owner expected to use variances to fit too much into the space furthermore, there was no way anything planted within five feet of space would be tall enough to make a difference. Since the houses to the east are on a hill, people in the office building would look right down on his property and others. Hereafter, if this was voted in, everything including drainage would be squeezed for space and was a problem that would remain. The setbacks in the code were the minimum required. Mr. Sardinha understood flexibility where industrial zoning met multi - family but not single family. Mike Hass of 3409 Harbor Road South agreed with past comments. He spoke about traffic on the dead -end neighborhood streets with no cul -de -sacs for turning around hence the residential driveways and lawns were used. The landowners all knew of the commercial zoning and that was not so much at issue as ever - larger buildings. He hoped Council stopped that trend. Council Member Okun brought up the upcoming US Highway 1 lane reduction from three lanes to two and realized that this design did not consider entrance to and exit from a two - lane highway. Mayor Brennan appreciated that the information brought forth was factual not just emotional and she felt that the main issue was the extra story. Frank Sardinha spoke again and said that he had no problem with the rest while Council Member Patemo felt it was wrong to create ambiance for residents by re- working the road, then approve this type of thing, which went against the residents. Vice Mayor D'Ambra reiterated that this property owner went to great lengths with their design while another business, without requesting variances, could be a worse scenario for neighboring residents in the future. There was more to think about in this situation like what could come up in future if this did not go through. In Council Member Arena's view, since other buildings on US Highway 1 started at the level of the highway, and the fourth level of this project was underground, it was in essence a three -story building. He admitted that he was one that tumed around in a driveway and agreed with the idea of the entrance moved off the side street and onto US Highway 1. He was sympathetic to the residents' traffic and run off concerns but as far as the building height, it was what the code allowed. Erin Babbitt, 3447 Palm Court, spoke about the project's Palm Court entrance and the resulting traffic in the alley. Residents already had traffic problems from Budget Rent -A- Minutes — Regular 03/09/17 Page 12 Car and it would only get worse. Out of safety concems for area children, The Village of Tequesta put barriers in the alley to prevent traffic between Inlet and Palm Courts. More discussion ensued about the underground parking. Council Member Arena stated that there would be the same problems regardless of what building went there. Vice Mayor D'Ambra again reviewed the variances and stated that if the lot was level, a three - story building would not be an issue with no variances needed. Several times during the public discussion, Mayor Brennan implored attendees to approach the podium microphone for recognition before they spoke. Once public discussion was closed, she asked Attomey Davis for a review of the decision - making criteria. He responded that the criteria were in the application but the applicant must establish that: 1(a). Special conditions existed, peculiar to the land, structure or building that were not applicable to other land, structures or buildings in the same zoning district. 2(b). Those special conditions did not result from actions of the applicant. 3(c). The variance conferred no special privilege on the applicant that was denied to other land, buildings or structures in the same zoning district. 4(d). The literal interpretation of the zoning code deprived the applicant of rights commonly enjoyed by other properties in the same zoning district and resulted in unnecessary hardship on the applicant. 5(e). The variance was the minimum needed for reasonable use of the land, building or structure. 6(f). The variance was in harmony with the general intent of the zoning chapter and not injurious to the area or public welfare. Mr. Davis Explained the evidence to be used was testimony, the application, staff report, documents introduced, and the presentation. He noted the Variance code allowed the attachment of conditions and safeguards related and proportionate to the impact of the development however, they must be related to the variance requested. A condition on the use of the a at this point was not appropriate as tonight's discussion was about toni Prof rtY P PP ro P 9 physical site layout. The site planning stage was a more appropriate platform for discussion of use conditions. More discussion ensued between several Council Members regarding the same points of view previously presented. Minutes — Regular 03/09/17 Page 13 Council Member Okun left the room at 8:40 p.m. and retumed at 8:43 p.m. after which Mayor Brennan called for a recess at 8:47 p.m. The meeting reconvened at 9 p.m. Mayor Brennan announced that a four -story building was actually allowed in that zoning district. MOTION: Council Member Patemo moved denial of VAR 02 -17 based on failure of the proposal to meet the criteria of 2(b) and 6(0; seconded by Council Member Okun; motion denied 3-2 with Vice Mayor D'Ambra, Council Member Arena and Mayor Brennan opposed. During discussion on how to properly word the conditions, resident Erin Babbit asked about enforcement of open garage doors on the underground parking and Phillip Babbit opined that the spaces were solely for certain employees of the company. MOTION: Vice Mayor D'Ambra moved approval of VAR 02 -17 with the conditions that the garage area be maintained as parking at all times and that the project comply with all off street parking requirements and access; seconded by Council Member Arena; motion passed 3 -2 with conditions with Council Members Okun and Patemo in dissent. Mayor Brennan implored Manager Couzzo to work diligently with Community Development Director Zacarias to address the project with a focus on mitigation of residents' concerns. This was not a perfect plan but she was confident that it could be made better. Manager Couzzo agreed that there were options to explore that could make this a more desirable project. 12. ORDINANCE NO. 3 -17, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 70.TAXATION. OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY AMENDING ARTICLE IV. PUBLIC SERVICE TAX, DIVISION 2. ELECTRICITY, GAS AND WATER., SECTION 70 -121, BY ELIMINATING THE PUBLIC SERVICE TAX ON THE PURCHASE OF WATER; LEAVING THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY, NATURAL GAS, LIQUEFIED PETROLEUM GAS, MANUFACTURED GAS AT THE CURRENT 9%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70 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. Minutes — Regular 03/09/17 Page 14 Attorney Davis read Ordinance 3 -17 into the record. Mayor Brennan opened the public hearing to Council for comment. There was none. The hearing was then opened to the public for comment. There was none. MOTION: Vice Mayor D'Ambra moved approval of Ordinance 3 -17; seconded by Council Member Arena; motion carried unanimously 5-0. ANY OTHER MATTERS Mayor Brennan mentioned a letter referencing county owned land adjacent to a park in Palm Beach Gardens. The city of Palm Beach Gardens wants to lease 20% of it and make $4 million in renovations. Since they were unable to meet with the pertinent councilmember to discuss, they requested support from neighboring communities who also use the park. Consensus of Council agreed to a letter from the Village of Tequesta to Palm Beach Gardens in support of this idea. Council Member Okun left the room at 9:16pm and retumed at 9:20pm. ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjoumed at 9:18 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.