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HomeMy WebLinkAboutMinutes_Regular_02/11/2010MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES FEBRUARY 11, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 8:31 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice-Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda as amended by addition of Cypress Drive sidewalks in Any Other Matters; Item 5, Ordinance 7-10 First Reading was tabled to a workshop meeting; and Item 3 of the Consent Agenda, Council Approval of Vehicle Operation Policy Change, was pulled by Vice Mayor Paterno. Motion was seconded by Council Member Turnquest; motion carried unanimously 5-0. PRESENTATIONS /PROCLAMATIONS 1. Presentation on Emergency Efforts by Firefighter/Paramedic Peter Allen during his Recent Trip to Haiti Peter Allen described his deployment to Haiti in January for nine days as a member of the National Disaster Medical System team, which had set up a field hospital with an emergency room, operating room, and other facilities to help earthquake victims. He presented photos of people they had helped. 2. Tequesta Drive Bridge Update Police Chief William McCollom introduced Pete McRae, AIM Engineering and Moe Mabrouk, FDOT Project Administrator, who reported the project was 30% completed and the work was ahead of schedule, so the bridge was expected to be done on time, August 15. Frank D'Ambra asked about completing ahead of time, to which the response was it would probably be finished before the deadline. The Police Chief and Village Manager were complimented on their work with the bridge project. Minutes -Regular Council Meeting 2/11/10 Page 2 CONSENT AGENDA MOTION: Council Member Humpage moved approval of the following consent agenda, with item 1 removed from the agenda and item 3 pulled for discussion; seconded by Council Member Turnquest; motion carried unanimously 5-0. 2. Council Approval of Quit Claim Deed between Eastern Sales, Inc. a Dissolved Florida Corporation, C/O Adele R. Schluesemeyer, Granting to the Village of Tequesta Certain Land at 25-40-42, W 10.4 FT OF N 117 FT OF S 132 FT OF NE '/4 OF SE '/4 LYG W OF SEABROOK ROAD - PCN: 60-42-40-24-00-000-5130 3A. Approval of Budget Amendment Increasing Capital -Computer Equipment by Transferring Funding from the System Maintenance Expense Account END OF CONSENT AGENDA 3. Council Approval of Vehicle Operation Policy Change This item had been pulled from the Consent Agenda for discussion. Vice Mayor Paterno expressed his opinion the policy was great, and he would like to see the section on passenger van safety carried forth to other vehicles in the Village. The Vice Mayor proposed that "passenger van safety" be replaced with "vehicle safety";the age to stay 21 to operate a passenger van, and 18 for all other departments. MOTION: Vice Mayor Paterno moved approval of the Vehicle Operation Policy with the changes as stated, that "passenger van safety" be replaced with "vehicle safety" and the age to remain 21 to operate a passenger van and 18 for all other departments. Council Member Turnquest seconded the motion, which carried by unanimous 5-0 vote. COMMUNICATIONS FROM CITIZENS Frank D'Ambra requested reconsideration of one-time relocation of precinct 1072 to the west side of the river for the upcoming election, and presented his answers to the objections previously raised. Mayor Watkins re-stated the Council's position, noted it was too late to change the location, and commented the Council had discussed this matter in depth. COMMUNICATIONS FROM COUNCIL Council Member Turnquest requested Council re-visit their decision to divide funds to be donated equally among the Council Members, expressing his concern that they might unknowingly violate laws, and relating his efforts to donate to a student trying to raise funds for a Minutes -Regular Council Meeting 2/11/10 Page 3 trip which he learned was inappropriate and the money had to be donated to the school. Council Member Turnquest also reported a discussion with the State Attorney, who had requested a liaison between the State Attorney's office and the Village of Tequesta, and asked if a police officer could fulfill that function. The Chief of Police advised that Detective Weinblatt served on several committees with the State Attorney's office. Council Member Humpage reported that the Public Safety Memorial should be engraved next week and two World Trade Center beams would be placed on top of the columns, and advised no taxpayer dollars had been used in this project. Council Member Arena asked the Village Manager to explain the new phone number for the bridge. Village Manager Couzzo advised there was now a phone number for people to call for bridge updates, and the message would be changed once each week. Council Member Arena advised residents could be added to Council Member Turnquest's email list to receive updates on the bridge. Council Member Arena reported he and Mayor Watkins had attended the accreditation awards ceremony for the Police Officers, and thanked them for their hard work. He also expressed the residents' thanks for the way the police force had been handling speeders in the Country Club. Council Member Arena reported Tequesta now ranked 4th in Relay for Life, he had donated $400 to this organization, and requested that as many fire and police personnel as possible be given time off to attend. The Fire Department would be having a pancake breakfast, which would be sponsored by a Palm Beach Gardens bank. Council Member Arena reported he had also donated $500 to the River Center. Vice Mayor Paterno urged everyone to vote in the upcoming election. Mayor Watkins agreed with revisiting the donations issue. The Mayor commented a concentrated effort had been made to keep everyone updated on the bridge, and proposed holding meetings twice a month in the Council Chambers for those who did not have computer access. Mayor Watkins congratulated Council Member Arena who would be serving a second term, since he was unopposed, and thanked everyone running for the other seats for running and wished them luck. The Mayor indicated that, as a resident, she was willing to drive people who needed a ride to the polls, and asked that others promote that on a neighborhood level. REGULAR AGENDA NEW BUSINESS 4. Ordinance 4-10, First Reading, Amending Exhibit "B" of Section 2-30 of the Code of Ordinances Relating to the Public Safety Pension Trust Funds to provide for the following changes: Definition of Credited Service; Definition of Firefighter; Definition of Salary; Retiree may Change a Designated Beneficiary up to Twice; Change in Trustee Terms; Minutes -Regular Council Meeting 2/11/10 Page 4 Additional Signatories for the Fund; Increased Investments in Foreign Securities; Divestiture from Scrutinized Companies; Exclusion from Disqualifying Disability as a Result of Intervening Military Service; Termination of the System; Third Party Payments for Retirees; Additional Offenses for Forfeiture of Pensions - (Postponed from 12/10/09 Meeting and 1 /14/10 Meeting) Village Attorney Keith Davis read Ordinance 4-10 by title only on first reading. Mayor Watkins declared the public hearing open and called for comments from the Village Council. Vice Mayor Paterno asked if the Village would incur any liability for making third party payments for health insurance for retirees. Ed Sabin, 255 River Drive, reported as Chair of the Public Safety Pension Board that the Board had asked that of the pension attorney and the response had been that the pension plan would be acting as a paying agent only according to authorized documentation and therefore would have no liability. Vice Mayor Paterno reported the trustees had voted to change their terms from two years to four years and wanted to note that Council terms and all other boards were only two years, and he would like the trustee terms to be consistent. Mr. Sabin reported this had been considered. MOTION: Vice Mayor Paterno made a motion to approve Ordinance 4-10 on first reading as is except for item 3, to leave the proposed term of the trustees two years instead of changing to four years. Council Member Humpage seconded the motion, which carried by unanimous 5-0 vote. 5. Ordinance 1-10, First Reading, Amending The Village Code Of Ordinances At Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 2. Site Plan Review. And Division 3. Special Exception Uses. By Amending These Divisions To Relocate Certain Approval Criteria From The Special Exception Approval Process To The Site Plan Review Process Mayor Watkins announced this item was being tabled. 6. Ordinance 2-10. First Reading, Amending The Village Code Of Ordinances At Chapter 2. Administration. Article IV. Code Enforcement. By Amending This Article To Update Language Regarding The Code Enforcement Special Magistrate In Conformance With State Statutes, To Clarify The Jurisdiction Of The Special Magistrate, To Provide For Internal Consistency With The Village Code, And To Revise The Process For Fine Mitigation Village Attorney Keith Davis read Ordinance 2-10 by title only on first reading. Mayor Watkins declared the public hearing open and called for comments from the Village Council. Minutes -Regular Council Meeting 2/11/10 Page 5 Council Member Arena asked about appeals being available for only 30 days. During discussion, the word "announced" was changed to "rendered". Cyrese Colbert, 11663 Banyan Street, Palm Beach Gardens, Property Manager for Gallery Square North, asked for a copy of the ordinance and for an explanation of the ordinance by the Village Attorney. The Village Attorney reviewed the proposed changes. Vice Mayor Paterno requested the phrase "not to exceed 30 days" for a violation to come into compliance before being set for hearing before the Special Magistrate remain. Discussion ensued. Three members of Council favored removing the time limit and leaving it to the Code Officer's discretion. 45 days and 60 day limits were suggested by the other members. Vice Mayor Paterno requested in Section 2-190 (2) to omit "police chief' so the authority would remain with the Village Council, and also questioned who had the authority to lower fine amounts in excess of $25,000, which was over the limit that could be approved by the Village Manager. The Vice Mayor suggested that the authority to reduce fines be with the Village Council so that the Village Manager would not be placed in the position of deciding how much to reduce a fine. Following discussion, Mayor Watkins suggested this decision be left to Administration; the other members expressed agreement. 7. Ordinance 3-10. First Reading, Amending Chapter 78. Zoning. At Article I. In General. Sec. 78-4. Definitions. By Clarifying The Definitions For The Terms "Clinic," "Health Care Facility," "Professional Office" And Professional Service;" Further Amending Chapter 78. Zoning. At Article IX. Supplemental. Regulations. Division 1. Generally. By Creating An Entirely New Sec. 78-293. Professional Medical Or Dental Offices. To Adopt Regulations Pertaining To Medical Offices Village Attorney Keith Davis read Ordinance 3-10 by title only on first reading. Mayor Watkins declared the public hearing open and called for comments from the Village Council. There were no comments from the Council. The Mayor called for comments from the public; there were no comments from the public. MOTION: Council Member Humpage moved approval of Ordinance 3-10 on First Reading. Vice Mayor Paterno seconded the motion, which carried by unanimous 5-0 vote. 8. Site Plan Modification SPM 10-1 (Quasi~ludicial). Consideration of request for Site Plan Modification to Construct a 3,574 sq. ft. Addition onto the Rear of an Existing Retail Sales Bay and to Increase the Overall Height of the Sales Bay to 23 Feet, and to Add Five Palm Trees and Foundation Plantings to the Approved Landscape Plan, all for a Minutes -Regular Council Meeting 2/11/10 Page 6 New West Marine Store. The property is located in the C-2 Zoning District at 285 U.S. Highway #1. The property Owner is Tequesta Investors, LP Village Attorney Keith Davis read Ordinance 10-1 by title only on first reading. Mayor Watkins declared the public hearing open and called for comments from anyone who would like to address the Council on this issue. Attorney Davis swore in five people intending to speak. Village Attorney Davis called for any ex-parte communications from the Council. Mayor Watkins reported she had attended the Planning & Zoning meeting. Vice Mayor Paterno reported he had attended the Planning & Zoning meeting and spoke to Mr. Gentile. Council Member Turnquest had no ex-parte. Council Member Humpage reported he had greeted Mr. Gentile when he came in tonight and told him he was interested in the drainage issue for this site and visited the site. Council Member Arena reported he had also greeted Mr. Gentile and told him his son also said "hi", and he had also visited the site; and he had been told by Jack, the Manager, some time ago that this was coming about. Village Manager Couzzo announced that Fire Chief Weinand had just become a grandfather; Council expressed their congratulations. Chief Weinand presented the proposed project, reported the applicant had addressed all issues in the letter provided, and advised that the applicant was seeking a 12-month extension on the dumpster enclosures. George Gentile, Gentile Holloway & O'Mahoney Associates, reviewed the proposed project and distributed a revised plan for the dumpster area. Since this building was built before the Village was incorporated and before there were codes, it was impossible to bring it to meet current codes, and drainage flow would continue to flow east. An agreement had been submitted to residents behind the center, for which approval was anticipated. A sidewalk would not be added since it would not be a benefit to the drainage and could not meet handicap requirements; instead, landscaping would be used to soften the corner, and a full line easement would be granted to the Village across the front of the property. Mr. Gentile explained the landscaping in the back of the building had been placed on the outside of the fence. Mr. Gentle clarified that the revised plan and the photograph presented tonight were new documents to be added to the record. Vice Mayor Paterno made a motion to approve the site plan modification for a new West Marine Store, granting the 70-foot easement and the 12-months months extension on the dumpster area. Council Member Turnquest seconded the motion, which carried by unanimous 5-D vote. 9 . ~e-Cs~-r x-i ~ ~ s ecat~ d ~~!~fr~rr} *"~~LerL~~T~~ t#~ e# ;~ Lai°~; ~ n : 2-Zon'ir~ - P ~- - , - } ,. ^ ~ /~ ° D rn n ~ i rlwn c r~c~ ii~n~Te~ ~ ~a~ -I n~aSAa•Sta~ r i r vi ° ~ 6 I ~ti t~e ~rr c - Minutes -Regular Council Meeting 2/11/10 Page 7 This item was withdrawn at the Applicant's request. OLD BUSINESS 10. Discussion of Village Sign Ordinance Council Member Humpage thanked the Council Members for coming to the meeting held for the businesses, and expressed his opinion something must be done. Signage, licensing, and permitting had been mentioned by seven individual business owners who had spoken. Council Member Humpage suggested some type of discretionary moratorium on signs until this matter could be resolved. Mayor Watkins agreed something must be done. Council Member Arena expressed his opinion the business owners should come to the Village with their concerns. Council Member Humpage suggested establishing a Board of Sensible Signs, a board of citizens that would be an advisory board to Council, to review proposed signs. The Village Manager suggested involving Administration and the Village legal department. Council Member Turnquest suggested if the business owners formed their own Tequesta Village Chamber that the head of that group make recommendations to the Council of what the business owners wanted. Discussion ensued, during which Cyrese Colbert pointed out every area was different and would require different things. Council Member Humpage noted there were sandwich boards and tables and chairs on sidewalks. Dottie Campbell commented some businesses at Gallery Square North had patios instead of sidewalks and asked if items could be placed on the patios, and indicated they had been cited because the items placed in front called attention to the businesses, which was the point. Joe Hall, 159 Country Club Drive, commented small businesses were leaving town and he agreed something must be done to allow advertising and signage, and Tequesta must step up to the times and help the business people. The Village Clerk was asked to contact the four business owners who had already met -John Terzakis, Richard Berube, Cyrese Colbert and Mrs. Livingston--to meet again at Village Hall in the next two weeks to come up with what they wanted; then the Village Council could hold a special meeting to consider their request. Council Member Humpage asked for discretion to be used on sign violations until this could be resolved, to consider restaurants having signboards during normal business hours, items at Gallery Square North used to express a business was open, and banners for grand openings. Vice Mayor Paterno advised Hog Snappers had benches blocking the sidewalk, and it was great to have that many people waiting, but the benches must be placed so that the sidewalk was not blocked. Ms. Colbert objected the Village signs were not fair; the Village Manager suggested a moratorium on Village signs to cease putting them out until the Gallery Square issue was resolved. Discussion ensued with suggestions on how communication could be disseminated without having Village signs everywhere. A realistic time frame for changing the ordinance and calling a special council meeting to decide changes were discussed . Dottie Campbell advised Minutes -Regular Council Meeting 2/11/10 Page 8 that if Council would start by changing the items on the list provided by Ms. Colbert that would help the businesses. STANDING REPORTS • Village Attorney -None • Village Manager Village Manager Couzzo reported the AT&T cell tower was up and running. He requested consensus to go out for a bid for expansion of the RO plant and reverse osmosis train number three, estimated to cost $2.5-$2.6 million, which would require amending the budget. Consensus of Council agreed to allow the bid. The Village Manager reported the Police Reserve Program was now on the road and the five unpaid reserve officers were currently going through the FTO program. The Village Manager announced the ribbon cutting ceremony for Paradise Park. He also advised the Community Development Department reorganization was going well and was a work in progress, and Community Development would be switching office areas with the Finance Department. The Village Manager advised that this administration and this Council was committed to helping the businesses. ANY OTHER MATTERS Mayor Watkins advised that several months ago she had brought before Council a petition from James Hackett from residents on Cypress Drive North regarding the safety of children walking in the road. The Mayor reported a child had been hit now and Mr. Hackett had asked if she would bring this to Council's attention again. Consensus of Council agreed to direct the Village Manager to get bids for sidewalks for Council consideration. Council Member Arena reported Parks & Recreation had not been charging vendor fees to not- for-profit organizations. Consensus of Council agreed to continue not charging vendor fees to not-for-profit organizations and listing Relay for Life on the Village website. Council Member Arena announced the fishing program would be coming up in 2-3 months, and requested an update on possible annexation behind Judy's cafe. Council Member Turnquest advised a resident had contacted him regarding holding a raffle at the bridge opening. Discussion ensued. The Village Attorney was to help work out whether a raffle could be held if proceeds went to a charitable organization. Council Member Turnquest reported residents had suggested guided tours of the bridge while it was under construction. Minutes -Regular Council Meeting 2/11/10 Page 9 Vice Mayor Paterno asked Council to think about vehicular weight restrictions for the bridge. The Vice Mayor commented on a variance that was removed, and discussion took place on minimum setbacks. ADJOURNMENT Motion was made by Council Member Humpage; seconded by Council Member Arena to adjourn the meeting at 11:15 p. m. Respectfully submitted, ~c~; r Y ~ C~c~.u~--- Lori McWilliams, CMC, 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.