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HomeMy WebLinkAboutMinutes_Regular Meeting_04/11/2019:+ I MINUTES VILLAGE OF TEQUESTA REGULAR MEETING April 11, 2019 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:30 p.m. A roll call was taken by Deputy Clerk Mary Ann Grieser. Present were: Mayor Abby Brennan, Vice Mayor Kristi Johnson, Council Member Vince Arena, Council Member Laurie Brandon, and Council Member Kyle Stone. APPROVAL OF AGENDA Under "Any Other Matters", Council Member Arena wished to speak about the glass case located in the lobby and signage. Mayor Brennan wished to speak on the environment and distribution of documents on the dais. MOTION: Council Member Arena moved approval of the agenda; seconded by Vice Mayor Johnson; motion carried unanimously 5-0. PRESENTATION 1. Proclamation Designating April as Water Conservation Month 2. Proclamation Proclaiming May 2019 as Building Safety Month. Deputy Clerk Mary Ann Grieser read the Proclamation that recognized May 2019 as Building Safety Month, and Building Director Jose Rodriguez accepted the Proclamation. CONSENT AGENDA Mayor Brennan asked for removal of item 11 as it was premature. MOTION: Council Member Arena moved approval of the Consent Agenda with item 11 removed; seconded by Council Member Brandon; motion carried unanimously 5-0. 3. MINUTES: 3/4/2019 Workshop 4. 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) 5. RESOLUTION 11-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CERTIFYING THE RESULTS OF THE REGULAR ELECTION HELD ON MARCH 12, 2019 FOR THE VILLAGE OF TEQUESTA COUNCIL; AND FOR OTHER PURPOSES. Minutes — Regular 04/11/19 Page 2 11 . Postponed to July 11, 2019 ORDINANCE 9-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, UPDATING ITS COMPREHENSIVE PLAN CAPITAL IMPRROVEMENTS 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. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Maurice Goodman, owner of Paws for Play located at 185 US One North in Tequesta, asked Council for consideration in allowing him to have an alternative sign at his business as he felt he was losing customers, because people did not understand the type of business he had, due to lack of signage. Mayor Brennan asked that Community Development Director Nilsa Zacarias and Acting Manager Weinand work with Mr. Goodman on his sign issue. Mr. Charles Hartley of 279 Country Club Drive asked for an increase in police presence, as he was concerned for the safety of children in the area. He was also disturbed with the condition of the sidewalk along Country Club Drive as it was dangerous to walk/bike with all of the structural deficiencies. Mrs. Carol Beresford of 312 River Drive thanked Council for their support and revealed there would soon be a stained glass window installed on behalf of the Village. Additionally, she asked if the Village would consider extending the time frame on their building permit as well as forgive some of the costs and fees. Acting Manager Weinand asked that staff and Ms. Nilsa Zacarias work with Mrs. Beresford before coming back to Council for action on it. Mr. Darrell Pastuch of 391 Riverside Drive had concerns with the proposed Community Center and asked for hard numbers representing the cost. Additionally, he hoped the Village would use local contractors for work within the community. Lastly, he asked that tax money be used appropriately. COMMUNICATIONS FROM COUNCIL Minutes — Regular 04/11/19 Page 3 Council Member Stone thanked residents for their support and stated his biggest concern was infrastructure within the Village. Council Member Arena thanked residents for their input and revealed that the Florida Department of Transportation (FDOT) would be re -striping and re-signing the intersection at County Line Road and Dixie Highway. He mentioned some topics regarding storm drains, Round -Up® usage, sidewalk repairs, signage, A1A and Dixie Highway Intersection traffic, pedestrian -friendly areas along US Highway One, and the Community Development Storytelling Session. STANDING REPORTS Village Attorney Village Attorney Keith Davis reminded Council there was currently no ordinance regarding the selection of a substitute Council Member when there was an unexpected vacancy on Council. He recommended bringing the topic to a Workshop Meeting to discuss further. Village Manager Acting Manager Weinand updated Council on the Community Center Advisory Committee and acknowledged the Committee would gather data. Police Department Police Chief Medina commended several officers for their professionalism regarding the recent event in Tequesta Oaks, whereas dozens of weapons were seized and the perpetrator was arrested without incident. Additionally, several officers were receiving promotions and being recognized by the Palm Beach North Chamber of Commerce. There would also be improvements on Dixie Highway at the intersection of Countyline Road, as a result of a meeting with the Florida Department of Transportation (FDOT). Furthermore, a Special Needs Registry was being created to assist residents who may require extra support in regards to safety. Fire Department Chief Trube was absent, however Mayor Brennan announced that Firefighter/Paramedics Jason Fawcett and Joshua Kitsi, were being presented with the Palm Beach North Chamber Valor Award next week. It was noted that the entire shift from the house fire incident, would be honored as well. OLD BUSINESS 6. ORDINANCE 07-19, SECOND READING: ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT., ARTICLE II. COMMUNITY APPEARANCE, DIVISION 2. PLANNING AND ZONING BOARD. TO AMEND SECTION 22-53. POWERS AND DUTIES. TO REVISE THE APPLICATION TYPES AND MONETARY THRESHOLDS OVER WHICH THE PLANNING AND ZONING BOARD HAS RECOMMENDATION AUTHORITY AND FINAL AUTHORITY; AT CHAPTER 78. ZONING., ARTICLE IX. SUPPLEMENTAL Minutes — Regular 04/11/19 Page 4 REGULATIONS., DIVISION 2. SITE PLAN REVIEW. TO AMEND SECTION 78- 331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. TO ONLY REQUIRE NEW SPECIAL EXCEPTION USES ACCOMPANIED BY ADDITIONAL EXTERIOR MODIFICATIONS AND EXPANSIONS, ENLARGEMENTS OR REVISIONS TO THE SITE OF AN EXISTING SMALL SCALE EXTERIOR OR LARGE SCALE SPECIAL EXCEPTION USE TO UNDERGO SITE PLAN REVIEW AND TO ADD ENTIRELY NEW SECTION 78-335. REVIEWING AUTHORITY. TO ESTABLISH THE REVIEWING AUTHORITY FOR VARIOUS DEVELOPMENT APPLICATIONS AND ALLOW FOR ADMINISTRATIVE APPROVAL OF LIMITED APPLICATION TYPES; AND AT CHAPTER 78. ZONING., ARTICLE IX. SUPPLEMENTAL REGULATIONS., DIVISION 3. SPECIAL EXCEPTION USES. TO AMEND SECTION 78-362. APPLICABILITY. TO ENSURE CONSISTENCY WITH THE REVISIONS TO SECTIONS 22-53 AND 78-331; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. AND CHAPTER 78. ZONING. 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. Ordinance 7-19 was read into the record by Village Attorney Keith Davis. 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 Arena moved approval of Ordinance 07-19, seconded by Vice Mayor Johnson; motion carried unanimously 5-0. NEW BUSINESS 7. SPM 1-19: Application from RCMR JV, LLC (known as Village Square) for a Site Plan Modification to amend the existing uniform sign code. The application also includes a modification to the monument sign wall color. The subject property is located at 221 S. US Highway 1, Tequesta, FL 33469. Due to the quasi-judicial nature of SPM 09-19, Village Attorney Keith Davis swore in two people. There were no ex-parte communications from Council. Community Development Director Nilsa Zacarias informed Council that the applicant was asking for a sign code revision, with recommended approval from the Planning and Zoning Department. MOTION: Vice Mayor Johnson moved approval of SPM 1-19; seconded by Council Member Arena; motion carried unanimously 5-0. 8. RESOLUTION 8-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 2018/2019 BUDGET IN THE AMOUNT OF $3,000.00 RECOGNIZING ADDITIONAL REVENUES FROM PALM Minutes — Regular 04/11/19 Page 5 BEACH COUNTY FOR MANATEE PATROL SERVICES AS WELL AS RECOGNIZING RELATED OVERTIME EXPENDITURES MOTION: Vice Mayor Johnson moved approval of Resolution 8-19; seconded by Council Member Arena; motion carried unanimously 5-0. 9. RESOLUTION 12-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019 STORMWATER UTILITY FUND #403 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $48,350.00 TO FUND A STORMWATER UTILITY REVENUE SUFFICIENCY AND RATE EVALUATION AND AWARDING A CONTRACT, IN THE SAME AMOUNT, TO KIMLEY-HORN AND ASSOCIATES TO PREPARE THE EVALUATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Acting Manager Weinand relayed to Council the rate study could wait until after October of 2019. Council Member Stone felt it was important information to obtain. MOTION: Vice Mayor Johnson moved approval of Resolution 12-19; seconded by Council Member Stone; motion carried unanimously 5-0. 10. ORDINANCE 8-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL, SEC. 78-4. DEFINITIONS. BY AMENDING THE DEFINITIONS FOR "FRONTAGE FOR BUILDINGS" AND "LOT FRONTAGE" TO PROVIDE UPDATED CLARIFICATIONS FOR THESE DEFINITIONS; AND AT ARTICLE SUPPLEMENTAL REGULATIONS, SEC. 78-284. WALLS AND FENCES. BY PROVIDING CROSS REFERENCE TO FENCING REQUIREMENTS FOR COMMERCIAL PROPERTIES AND RESIDENTIAL PROPERTIES SCREENING CERTAIN BOATS AND OTHER VEHICLES, AND BY PROVIDING CLARIFICATION TO THE APPLICATION OF WALL AND FENCE REGULATIONS TO CORNER LOTS; ALSO AMENDING THE VILLAGE.CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. ARTICLE III. PARKING, STOPPING OR STANDING. DIVISION 2, SEC. 46-72, SEC. 46-73 AND SEC. 46- 74. BY CLARIFYING REGULATIONS REGARDING CARPORTS AND ENCLOSED GARAGES, BY PROVIDING REGULATIONS FOR SCREENING ON CORNER LOTS, AND BY REPEALING THE WAIVER PROVISION AT SEC. 46- 76; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTERS 78 AND 46 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 8-19 into the record and reminded Council of the discussion on corner lots from a Workshop Meeting several months ago. He advised the Minutes — Regular 04/11/19 Page 6 waiver was no longer necessary due to the change in wording. Mayor Brennan opened the public hearing to Council for comments Council discussed the allowable location of fences on both corner and interior lots and asked about the waiver. Mayor Brennan closed the public hearing to Council and opened the hearing to the public for comments. Mr. Tom Bradford of 44 Chesnut Trail felt that wooden fences looked terrible over time, and advised some sort of landscaping be required alongside the fences. Mr. Harold Taylor of 13 Chapel Court asked if the side fence was now going to be permitted to the sidewalk. Acting Manager Weinand confirmed that the fencing could not go beyond the front of the house MOTION: Vice Mayor Johnson moved approval of the Ordinance 8-19; seconded by Council Member Brandon; motion carried unanimously 5-0. 12. ORDINANCE 11-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 63. ARTICLE II. RIGHT-OF- WAY REGULATIONS, TO RE -NAME THIS ARTICLE AS "PLACEMENT AND MAINTENANCE OF UTILITY AND COMMUNICATION SERVICE FACILITIES IN VILLAGE RIGHTS -OF -WAY"; TO UPDATE AND ADD CERTAIN DEFINITIONS IN COMPLIANCE WITH FEDERAL AND FLORIDA LAW; TO RECOGNIZE WIRELESS COMMUNICATIONS FACILITIES THAT MAY BE PLACED IN RIGHTS OF WAY AND ACKNOWLEDGE THE "ADVANCED WIRELESS INFRASTRUCTURE DEPLOYMENT ACT'; TO PROVIDE NEW AESTHETIC REQUIREMENTS AND PROCEDURAL REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN RIGHTS -OF -WAY; TO RECOGNIZE PASS -THROUGH PROVIDERS AS SEPARATE AND DISTINCT ENTITIES, AND TO PROVIDE FOR THE COLLECTION OF PASS -THROUGH PROVIDER FEES IN ACCORDANCE WITH STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 63. 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 11-19 into the record and indicated it was broken down into the following parts: 1. Purpose and Intent 2. Registrations 3. Permitting 4. Administration Minutes — Regular 04/11/19 Page 7 Attorney Davis explained the ordinance was designed to regulate activity in the Village's rights of way, while attempting to find a balance between the need for wireless capacity, and the aesthetics of the community. He gave a history of communication laws over the years at both the federal and state levels. Mayor Brennan opened the public hearing to Council for comments. Council Member Arena suggested utilizing the common areas within the Village before going onto property near homes. It was mentioned that the current moratorium was set to expire this June. Mayor Brennan closed the hearing to Council and opened the hearing to the public for comments. Mr. Tom Bradford of 44 Chesnut Trail cautioned Council about the providers who he believed could install a large box in front of homes in the swale and/or 30 ft. poles in the right of way. He felt it would be ugly and he believed people would be upset. Ms. Jan Sedgwick emphasized her opinion that communication providers of 5G could not only place unsightly equipment near homes, but the technology could also cause cancer, Alzheimers Disease and a variety of other life threatening ailments, including mental disorders. She implored Council to look into the topic further before approving. MOTION: Council Member Johnson moved approval of Ordinance 11-19; seconded by Council Member Brandon; motion carried unanimously 5-0. 13. ORDINANCE 12-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2-61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL EMPLOYEES' PENSION TRUST FUND, AT SECTION 7. "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 8. "PRE -RETIREMENT DEATH"; AND SECTION 25. "RE-EMPLOYMENT, ELECTION OR APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT" IN ORDER TO ADD A NEW "RE- HIRE AFTER RETIREMENT" PROVISION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. AND EXHIBIT A SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 12-19 into the record and offered a summary of the Ordinance, which would amend the General Employee Pension trust fund document. It clarified the commencement date of benefits and added language pertaining to rehires Minutes — Regular 04/11/19 Page 8 after retirement. Vice Mayor Johnson asked for additional backup information in order to make a decision on the Ordinance. Mayor Brennan opened the public hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Arena moved approval of Ordinance 12-19; seconded by Council Member Brandon; motion carried unanimously 5-0. 14. ORDINANCE 14-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. AT ARTICLE ll. BUILDINGS. TO REPEAL OBSOLETE LOCAL AMENDMENTS TO THE BUILDING CODE AT SECTION 14-32. SECTION 14-33; AT ARTICLE IV. HOUSING; AT ARTICLE VI. PERMIT FEES. SECTIONS 14-152. BUILDING PERMITS, 14-153. PLUMBING PERMITS, 14-154. ELECTRICAL PERMITS, 14-155. MECHANICAL PERMITS, 14-156. GAS PERMITS, AND 14-157. FEE FOR JOBS STARTED WITHOUT PERMIT, AND PROVIDE CROSS-REFERENCE TO APPENDIX C FOR ALL PERMIT FEE INFORMATION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. 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 14-19 into the record and revealed the Ordinance was intended to clean up some of the current language, and it was considered a "housekeeping" item. 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 Johnson moved approval of Ordinance 14-19; seconded by Council Member Brandon; motion carried unanimously 5-0. ANY OTHER MATTERS Council Member Arena asked Council to consider placement of a sign indicating where Lighthouse Gallery was located. Additionally, he asked for the Village's main phone line recording be updated as he believed a former employee's voice was still on the greeting. Lastly, he asked if history items could be placed in the glass cases in the Village Hall Lobby. Mayor Brennan asked that Council discuss at a Workshop Meeting the possibility of having an Environmental Advisory Group. Additionally, it was a Consensus of Council to give any Minutes — Regular 04/11/19 Page 9 handouts to the Village Clerk at least 48 hours prior to a meeting. ADJOURNMENT: Council Member Johnson moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 8:30 p.m. Task Speak with Paws for Play owner Assigned Nilsa and staff Trip hazard pedestrian walkway Country Club Drive Doug Chambers Full Report for Council on Hanna's Home Nilsa and staff Golf cart community information Acting Manager Weinand Signage for Lighthouse Art Center Acting Manager Weinand Remove Joe Petrick voice from main line recording Brad Gomberg Workshop Env. Advisory Group Lori McWilliams 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.