Planning and Zoning Board - Regular Meeting

Hi, good evening. This is July 27th, 28th. This is the Planning and Zoning Board. It is 6-35, and we will start this meeting at this time. We will have a roll call.

Joseph Eppey. Varun Ohar. Richard zucchini. Michael Marquez here as a Sanchez president.

He didn't miss David Tulsa city attorney. Mr. Epi had indicated he was going to appear by zoom, but we don't see him there yet. So we'll let you know if he does appear, then we'll just have to have a motion to allow him to appear via zoom, but you can proceed.

First thing is the approval of the minutes, approval of the planning and zoning meeting minutes for April 7th. Do you need a motion?

Motion. Second.

No discussion? Yes, I have some comments on that.

At the last P&Z meeting We had an interruption. It was on the agenda was in a ministerial event to vote on the officers. And we had an interruption by Commissioner Rosano who yelled out loud and decided to make suggestions of who or who not to vote for, which was corrupting our proceedings. And I wasn't really that surprised, Commissioner Rosano, not a stranger to inappropriate behavior. However, it was a corruption to our minutes. And I noticed that the minutes don't reflect any of that that occurred.

The minutes aren't verbatim minutes. They're summary minutes.

Yes, and there's no summary of the interruption and the corruption of the vote.

It doesn't have to be, Mr. Zucchini. If you'd like to make an amendment to the minutes, you can make a motion to amend them. Otherwise, the minutes are being presented to you. There's a motion and a second.

Fine, I'll make an amendment. I'll make an amendment that the minutes show that there was an interruption by Commissioner Rosano. to yell out, with no standing in proceeding, to yell out who to vote or not vote for, and it was completely inappropriate, and it corrupted the actual vote. Wherein the board members, hearing that, did not include that to notify that there was a contact outside, ex parte contact outside of the vote.

Do we have a second? There's no second motion.

So you currently have the motion to approve the minutes as presented. It's been seconded. So Ms. Sanchez, if you'd like to call for a roll or a vote, you can call for a vote.

Please call the roll.

Bruno Hart.

This is on the minutes as presented.

As presented. Yay.

Rachel Zucchini. No. Michael Marquez. Yes. Elsa Sanchez.

Yes.

Motion passes three to one.

Next. Next is new business.

If I could, let me read the title of the ordinance or wait, we don't have it. We don't have the ordinance presented tonight, right? We just have the exhibit. that'll be presented to the commission. So I won't read a title to the ordinance. My apologies.

Good evening, Andrew Penny, senior planner. Before you tonight, it is an ordinance, I'm sorry.

Madam Chair, I was just advised that Mr. Eppie is on Zoom. Mr. Eppie, are you there?

I am.

Okay, so with all due respect, Madam Chair, I would ask that somebody make a motion to allow Mr. Eppie to appear via Zoom.

Make a motion to allow Mr. Eppie to appear by Zoom as Chair.

Not as Chair, just to appear by Zoom. He can't be the Chair if he's not in the room.

Motion that yes, we allow Mr. Epi to participate and be counted. Second.

Could you call a roll, please?

Joseph Epi? Yes. Varun Nahar? Yes. Richard Zucchini? Yes. Michael Marquez? Yes. Elsa Sanchez?

Yes. Mr. Penny, thank you.

Okay, thank you. So tonight, we do have an ordinance to review. This ordinance is amending our comprehensive plan. The comprehensive plan has 10 elements. This ordinance is amending two of them element five, the capital improvements element and element three, sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge. It's a mouthful. So this project started out as sorry, started out as an update to the capital improvement schedule within this element. However, the project scope grew and now we're doing a complete update of the element, updating the data, the tables, and most importantly, the goals, objectives, and policies. The capital improvement schedule that you see in this ordinance, borrowed heavily from the city's budget capital improvement program and the new feature you'll see in there is a public works department put together a very comprehensive list of road improvements locations schedules budgets cost estimates citywide and prepared it in a logical format with gridding and prioritization of need in order to utilize the local option gas tax as a potential funding source. That's the major component to this ordinance is the update to the capital improvements element. The update to element three is to include or add policy 1.1.5 to provide a level of service standard for potable water. Board have any questions?

The pages that are at the very end, is that what the street is, what's going to be done, and the budget for it? Just an explanation so I know what that is.

Correct. That is the comprehensive list that the public works department compiled where they identified the location and the scope and the cost of the project, as well as created a hierarchy of need to figure out which ones to do first.

Okay. Thank you.

And I don't mean to talk to you, but if you look at the first page of that chart, you'll see where they identify the fiscal year that those improvements or those streets will be attended to. Correct.

With the minimum standard of potable water, I'm seeing here that the minimum residential pressure is 20 PSI. Is that measured at the house, and is that any different of the service that we're already receiving?

So the policy in completion reads, the level of service standard for the city's potable water facility shall be 335 gallons per day per equivalent residential connection. The potable water distribution system, that's going to be your pipes and whatnot, shall be capable of providing the minimum fire flow required by applicable fire protection standards while maintaining a minimum residual pressure of 20 pounds per square inch. That's the minimum that has to be provided.

So in other words, if they're already using the fire hydrant, it should still provide a 20 PSI to the residents? Yes. Okay. Thank you.

I have a question page, 29 current policies and practices. The first paragraph on that page, but middle of the way through the market city commission has established a growth management system which provides that the new development pay for those facilities required to serve that development. You define facilities.

Facilities are the public infrastructure needed to serve the development. It could be a road. It could be a lift station in the sanitary sewer collection system. It's a public facility that serves to meet minimum level of service standards, just like the potable water that we read. So sometimes when a new project comes in, they may have to put a new water main in the street, or they may have to extend the street or widen the street.

Basically, any type of infrastructure... that's going to be needed will fall on whoever's developing it. Is that correct?

Loosely, yes. You have to kind of demonstrate that that project is what pushed it over the level of service standard.

Okay.

So a large development would probably require new infrastructure if there's nothing there currently now.

It may. Okay. I mean, that's all part of the project review that we do with the Development Review Committee. We do a concurrency to review to make sure that there are facilities in place to serve these new developments.

And if it's not, whoever's developing is responsible to kick in to pay for it? Is that how it reads? I don't know the answer. That's why I'm asking.

Generally, yes, but you have to get into the specific projects because there's a whole myriad of laws that regulate this kind of thing.

but in simple terms yes you're supposed to pay for your impact to the system okay can you skip over to or skip down to 31 it mentions it again uh top of the page adequate facilities ordinance that's basically kind of rehashing 31 yeah and the actual document it's page 29. oh i'm sorry that's okay it's adequate facilities ordinance

I'm sorry, are we reading from a specific policy? I have a printout and my page 29. 31. We're on 31 now. I have a stricken table on page 31.

I was going to bring that up. I think we're seeing a version with a bunch of struck out

sections that's correct uh i don't know if those were the those items should have been like accepted on the doc because i think we're looking at a different page but like we're seeing the same thing so it's also a little difficult to read ordinances are formatted to show the deletions and the new text deletions are stricken and we have to leave those as they go through the process once the ordinance is adopted and we go to codify or publish the document we're supposed to delete or remove all the stricken material and remove the underlines as well

31 on the PDF, right?

I think what we're looking at, if you go to the actual typed page number that's in the item on your screen, it is page 29. If you scroll down, but you're talking at the top where it says city commission, and then it says adequate facilities ordinance. Is that what you're looking at? Correct. Okay. So it says an adequate facilities ordinance. You find that Andrew?

Yes.

Okay. So he's got it now.

Okay. And it basically kind of spells out exactly what it said on the other paragraph. The ordinance of the maintaining or putting in the facilities, the ordinance requires the development to furnish facilities and services in order to maintain the LOS standards.

Generally, yes. And like I said, there's a whole network of laws that regulate this and A lot of the times they get the developer to pay their proportionate share through an impact fee. So sometimes the developer has to build new facilities and then deed it over to the city. Sometimes it's just a matter of writing a check to pay the impact fee.

Gotcha. Okay. Thank you.

I do have another question. If you don't mind, I just want to confirm, that what I think I understood from this is that the developers that have and will be bringing proposals will be the ones paying for the cost in some way of the additional necessary infrastructure that the city will face. They will take care of that before, well, they are developing it and then the city won't have to add

have money to add to to that so generally speaking like if the developer did have to build new facilities and then give them to the city once the developer builds it and deeds it over and the city commission accepts it it becomes the city's maintenance responsibility generally speaking but again each development is kind of individual and you have to look at the detail of each one

But if they have to improve the streets or anything like that, the developer will do that. The city will not be tasked with that.

Generally speaking, yes.

Sometimes there might be a roadway project that is already on the city's schedule, and it may be bigger than what the developer is impacting. So rather than have the developer do something and then the city's got to tear it up as part of a bigger project, they may contribute the money. that the estimated cost is to cover their portion, what they're responsible. So most of the time, as Andrew said, it's usually done before the project's completed. But there are instances where a road may not necessarily be repaved or a sidewalk may not necessarily be put in because the city's already got something planned to do. So rather than do it twice, do the whole big project once.

Okay, and another one, sorry. Also in the water and water waste report, I don't see anything allocated for the PFAS monitoring or the biosolids until 2028 and 2030. Is that the right, is that, are we going to be still taking care of that or is that in the works now or not going to be taken care of until then?

So we borrowed the schedule from the capital improvements program of the budget. And when you see a year on there, that's generally when the improvement is scheduled to be performed. You've got the estimated cost and the year you need to do it in order to maintain your level of service or whatever other standard you're chasing. This one I think you're mentioning is from a water quality aspect. But yeah, that's the year that they're anticipating making the improvement.

So in the meantime, this is still being taken care of, the PFAS, and that is still being taken care of?

Yes.

Okay, and last. I know you understand that it is all an if, but if the proposed property tax amendment is passed, will this proposed five-year be able to be implemented? And what will be in jeopardy if that happens

You know, Margate is not unlike any other city or county in the state. If it does pass, I'm sure we'll have to review a lot of things, the capital schedule and other operational things, but that's not for development services to determine. That's determined by the city commission collectively. So I imagine it would impact our budgets and funding ability, but I can't say what or where is going to change.

Okay. Thank you. Anybody else?

So if I might, so this item is going to be going to the city commission and the city commission is looking for a recommendation from you as the planning and zoning board of the city of Margate. So Madam Chair, it would be appropriate if this board would make some type of motion to either recommend or not recommend the adoption of this amendment to the city's comprehensive plan.

Well, I want to say thank you to all for this proposal. I know it shows a lot of hard work, teamwork, and decisions made not only by one single person, by a group of informed, dedicated, and problem-solving individuals. There were things there that were clearly explained even for a regular person like me, and there were things that I did not understand, but I am not going to pretend that I know at all because I don't. But I trust your knowledge and experience. And in my opinion, I would approve this proposal. Thank you. Motion to approve as is.

Motion to approve as is.

Seconded.

No public. No public discussion.

For the record, there is no member of the public present this evening.

Mr. Eppey? Nothing? Okay, roll call, please.

Joseph Eppey? Bruno Hart? Yes, yes. Bruno Hart? Yes. Richard Zucchini? Yes. Michael Marquez?

Yes.

Elsa Sanchez?

Yes. Okay. Now, with the Board's permission, I would like to discuss something with the Board's permission, a matter that is concerning, very concerning to me. At the last meeting, there were private issues brought up And even though we were told repeatedly that it should not be discussed at the meeting, not only by city staff, but by the city attorney, it continued to be discussed and even said that it would be brought again whenever they wanted to. I believe this is wrong. We must follow rules, protocol, legal advice. This PNC board is not a place to bring up personal issues. that should be brought up to the right department, city personnel or legal department. This is not our personal board. And I want to know if anyone else feels the same way.

I'll agree. Yeah. It's a public forum, but not for venting per se. If anything, that might be the city commission meetings, but I don't think this is a forum for that sort of thing.

Actually, I feel just the opposite, and if you want an explanation, I'd be more than happy to provide it.

I second everything you said, Elsa, and on top of that, it was very embarrassing for me. I've only held positions in the past, and it's not supposed to get out of hand like that. This is supposed to be a professional board, and we should act like professional, and if we had problems... or personal problems or grievances that could be handled outside of this meeting.

Anything from Mr. Eppey? No.

By the way, Madam Chair, you don't need to ask for permission because at the end of each P&Z meeting, the chair should call out for each member to see if they have any comments. But going back to that point, I think the points that were raised were not of a personal nature. They referred to issues that are occurring within the city that is city business and dramatically affects the property tax, which the city is not collecting.

Mr. Zucchini, that is not the purview of your board. Okay, that's all I'll say. It's not the purview of your board to deal with homestead issues and property tax issues. The Planning and Zoning Board of the City of Margate is a local planning agency and you have very specific limited responsibilities. It's not a place where somebody is to come to try and pursue a personal agenda Certainly, you can ask questions related to development of staff, but I felt that the actions were not appropriate, were out of bounds for this board. And in fact, the city manager felt the need to follow up with a subsequent email to the board regarding that. And so I hope we can go past that and work together.

And I'll respond to that, that it was absolutely not an issue of a personal nature. I have looked into it, and I can tell you that there are a number of properties within the Aztec community that are withholding their CO on purpose so that they don't have to pay property tax.

Mr. Sukini, please.

Madam chair, our board members and staff are only to hear agenda items. Kale Curtis, our city manager sent an email to the board members and to the commission, and we are not to hear anything that is not on the agenda. We cannot provide any level of response or advisement. So utilizing the board members time city attorney and staff is inappropriate. and the email that Mr. Curtis sent needs to be adhered to. So I request that we adjourn the meeting and so board members and staff may leave.

Okay, point of order. I know what the board can and cannot do. And at the end of each meeting, each member of the board is permitted to bring up board member comments that are addressing issues that are not on the agenda. And that's exactly what he did.

I will ask for a motion to adjourn the meeting, please.

Motion. Second. Joseph Eppey.

All in favor?

Yes. Yes.

Mr. Zucchini?

No. Passes. Meeting's adjourned.