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HomeMy WebLinkAboutMinutes_Workshop_03/24/2010 MINUTES VILLAGE OF TEQUESTA WORKSHOP MINUTES MARCH 24, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 5:00 p.m. A roll call was taken by Village Clerk's Assistant Deanna Mayo. Present were: Mayor Pat Watkins, Vice -Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Attorney Keith Davis (arrived at 5:03), Village Clerk's Assistant Deanna Mayo and Department Heads. 1. Discussion on Sign Ordinance 19-08 John Terzakis, Business Committee Member (BCM) noted proceedings of the business committee meetings. He felt cleaning up signs from businesses which were no longer operating would be a good place to start. Cyrese Colbert, BCM voiced concerns with the "no signs" verbiage in the Village code and asked for flexibility or removal of the wording all together. Council Member Arena questioned the type of signs the committee was proposing. Council Member Humpage stated if the code did not offer guidance on signs it would allow for everything. Vice Mayor Paterno felt that people's creativity could make for elaborate advertising creations. Mayor Watkins voiced her concerns with too much restriction would create Council having to meet each time a sign was requested. Ms. Colbert questioned the sign permitting process. Council Member Humpage offered a brief explanation and agreed the code needed to be restructured. Council Member Turnquest suggested changing the approval process. Manager Couzzo noted that Ms. Colbert was suggesting the process be quicker. Mayor Watkins questioned if the process should go through Planning and Zoning and who would interpret what was acceptable. Ms. Colbert stated she believed others believed the Village's signage code regarding outdoor display was trivial as well. She commented she would like to see citations given to all in the Village with infractions. Manager Couzzo stated that it was Code Enforcements job and intention to enforce the code as written. Mayor Watkins felt it unfair that sandwich (display) boards were used by restaurants to advertise but not allowed by the remaining businesses. John Terzakis stated the signs should be regulated by size. Manager Couzzo stated the display signs were not permissible by code and offered an example showing how one code officer could not possibly cite all infractions. He also pointed out the liability issue of display boards in the walkway path. Minutes —Workshop 3/24/10 Page 2 Mayor Watkins suggested a uniform sign that could be hung inside windows. Manager Couzzo believed businesses were looking for individuality. Vice Mayor Paterno noted other municipalities who allowed leniency on signage and were now overtaken by advertisements. Mr. Terzakis felt new businesses should be allowed something in the way of temporary signage for grand openings. Attorney Keith Davis stated the code language was previously revised permitting special, provisional signage as such. Mayor Watkins supported the short term advertising. Manager Couzzo interjected an abbreviated time should be set. Ms. Colbert believed the purpose of their Committee was to bring ideas to Council for change to the sign code which they believed too stringent. Mayor Watkins responded she was correct but noted Council must recognize ramifications of proposed alterations in order to prevent unfavorable change. Mr. Terzakis believed the permitting process could specify change in the application. He also suggested businesses be allowed to advertise grand openings for at least one week. Manager Couzzo stated that should not be a problem. Council Member Arena suggested Smoke Signals be involved during business grand openings. Mr. Terzkakis suggested the Village collaborate with mytequesta.com which offered free advertising for locals. He stated he would obtain information linked to the site and asked for assistance from Council Member Arena. Council Member Arena agreed. Attorney Keith Davis read the code specifics and noted particulars with reference to different sign types. Manager Couzzo suggested research be done regarding code details on free standing versus permanent signs. Council Member Humpage compared chairs and tables to signs in walk ways. Manager Couzzo explained tables and chairs were permitted in specific areas meant for seating, not in walkways. Council Member Humpage stated there were businesses with tables and chairs outside on their sidewalks that were not permitted. He suggested regulating the signs size and specifying after hour removal. Richard Berube, BCM suggested utilizing changeable signs in business windows. Manager Couzzo felt businesses were looking for something that would reach beyond their front windows and questioned what could be done to assist businesses in obtaining more traffic. Ms. Colbert questioned Mr. Berube and his recent variance. Mr. Berube explained the particulars linked to his situation. Manager Couzzo suggested any and all variances go in front of a board and not a single person. He also suggested having the business owners explain their circumstances when applying for temporary signs. Minutes —Workshop 3/24/10 Page 3 Vice Mayor Paterno believed enforcing the code across the board would simplify the issues and felt too many exceptions were being granted. Kathy Livingston felt a lot of what was being used through businesses for advertisement added charm to the Village and believed that would be lost if the severity of the code was kept. Mayor Watkins supported keeping a friendly ambience in the Village. Kathy Livingston questioned the advertisement (sandwich) boards (expressing her feelings of positivity with them) and who was liable for any negative affect from them. Manager Couzzo stated the Village would incur responsibility if they allowed them. Mr. Terzakis pointed out other areas in the code which the committee believed needed change, including specifics as, the necessity of painting every two years and permitting specifics regarding time frames. Manager Couzzo felt recent changes within the permitting department should assist with turnaround time. Ms. Colbert questioned colors. Manager Couzzo replied that would not be Village code but an outside management decision of plazas. Vice Mayor Paterno commented on Village rulings he believed were in place on uniformity of colors. Attorney Davis explained Manager Couzzo's view on a compromise regarding temporary signs. He noted Village code did not define "outside merchandise" was and stated it was Council's prerogative to interpret the code and suggested a more relaxed interpretation that could regard certain displays as art. He continued to add that the code would continue to prohibit banners and goods and wares sold inside stores. Manager Couzzo suggested directing the focus toward more severe issues. Vice Mayor Paterno stated his memory of Council's disputes were when a gray area existed which allowed each person an opinion, usually differing. Kathy Livingston reiterated on maintaining quaintness in the Village and asked if code verbiage could state "advertising to blend with the character of the property ". Mayor Watkins questioned past code violations when advertising elements thought to be acceptable by business owner were actually unacceptable by Council. Manager Couzzo stated that the new process would offer a different view on situations and noted only complaints should be acted on. Vice Mayor Paterno felt code should be specific and should offer no guessing. Council Member Humpage suggested printing regulations on the permit application for applicants to acknowledge. Kathy Livingston questioned if the signs and art displays could be separate items. Council Member Arena suggested regulated signs with size and moving art out of traffic areas. Ms. Colbert believed their plaza was the only one ADA compliant in the Village and believed it offered room for pedestrians and merchandising. She noted one of the committees request for stores to place one item relating to the business outside for show. Minutes —Workshop 3/24/10 Page 4 Mr. Terzakis questioned lighting, specifically questioning rope lighting. Mayor Watkins stated ice cycle lights were allowed but rope lighting was not because the manner in which it deteriorated quickly. Vice Mayor Paterno explained the process of businesses competing for attention and the lights getting bigger and brighter than the preceding. Ms. Colbert stated a business in her plaza was told to take down a Christmas tree. Mayor Watkins stated that was where she would like to see the code more relaxed and suggested coming to Council if the problem occurred again. Council Member Arena asked if the signs size should be specified and questioned procedure if someone disagreed with Council's construal of what was allowed. Manager Couzzo suggested not making specifications such as size and believed the interpretation would be better decided by Council. He added disagreements would be accepted in the form of a compliant and would be evaluated and investigated by the specific departments. Attorney Davis stated, at present, interpretation was based on codes elucidation. Manager Couzzo replied if code were to be strict on what was and was not acceptable it would cause an all or nothing, he did not believe would be acceptable or beneficial and asked again for a more relaxed perspective. Kathy Livingston voiced her opinion on enhancement and support for businesses. John Terzakis questioned if the applicant could be given a no fee permit and sign a disclaimer when applying. Manager Couzzo replied yes and noted it would help but would not be 100 percent directing liability to one party. Vice Mayor Paterno supported signs in windows to avoid tripping. Council Member Turnquest did not support the sandwich boards or anything obstructing sidewalks. He suggested allowing signs which could be placed inside or against outside of windows as long as they were attached by items such as hooks or suction cups for the purpose of avoiding items falling onto the pathway. Vice Mayor Paterno referenced the rule for inside signage dimensions of 30 percent and asked Council if there should be a regulation for the outside proposal. Consensus of Council was to allow six square feet of signage on the inside or outside of windows or adjacent to building. Manager Couzzo questioned a 60 days leeway for compliance and questioned existing non - permitted signs. He stated it would take two readings to change the code and noted the letter to businesses in violation would merely be putting them on notice. Vice Mayor Paterno suggested giving businesses with existing signs 30 day to permit. Vice Mayor Paterno suggested moving on to item two and come back to more sign discussion if time permitted. Minutes —Workshop 3/24/10 Page 5 2. Discussion on Special Event Permit Council Member Humpage read sections 78 -551 through 78 -554 of the Village code under garage sales. He noted an area where special events and being a nuisance were mentioned and suggested changing the section to further specify special events. Ms. Gwen Gordon, 4 Laurel Oaks Circle referred to a special event recently held by The Mad Hatter's restaurant and called it "awful ". Council Member Humpage stated special events would be held, and the Village would need to be more careful on how they were handled. He felt the events should be permitted and charged a fee. Vice Mayor Paterno questioned events which included liquor and believed they offered the majority of the problems. Council Member Humpage stated Police attended for that reason. He then referenced special events being reduced from four per year to two and felt some events were important for the Village and usually very enjoyable for residents. He believed most businesses wanted more than two per year. Ms. Gordon noted the close proximity of Tequesta Oaks residents and Mad Hatter's. She noted the restaurants events and in her opinion, their poor behavior. Council Member Humpage stated the Village could deny events especially if they proved previously to be a nuisance. He indicated the Village still had the option to deny even if an event was approved by a subdivision. Ms. Gordon stated she called the Village to complain during Mad Hatter's last event along with others in her neighborhood and voiced her appreciation for the response she received from Village staff but, felt more should have been done. Vice Mayor Paterno suggested disapproving events which intended to promote liquor. Kathy Livingston, Business Committee Member (BCM) noted past successful events and felt Mad Hatter's attracted a different clientele. Mayor Watkins believed the hours could be part of the problem and compared it to the Villages "Movie in the Park" which she noted was loud but over by nine. John Terzakis, BCM stated that Tequesta Oaks development signed off on Mad Hatter's special event with the assumption the event would be composed. He noted his experience with the event from his home three streets away. Ms. Gordon pointed out violations she believed the business had in addition to the disapproved event. Vice Mayor Paterno advised that Mad Hatter's originally advertised, on the internet, as a night club. Manager Couzzo believed their hours were grandfathered in and reiterated that the public nuisance would not be tolerated. He explained the Village could specify stipulations to assist in obtaining satisfactory events such as requiring additional police officers, limiting event hours Minutes —Workshop 3/24/10 Page 6 and /or event denial. Council Member Humpage felt the Village would continue events and suggested leaving the code at two events with no fee. Attorney Davis offered a sample of a special events permit from another municipality. Vice Mayor Paterno voiced his concern on the expense of the Village implementing a new process. Ms. Livingston questioned stipulations placed on the Mad Hatter's last event. Ms. Cyrese Colbert, BCM voiced her concern with the impact to alternate businesses because of changes in the code intended for a problem business. She questioned policemen being required at events and permit fees versus taxes. Council Member Turnquest noted fees were placed on events outside of normal business operations and different from taxes, which all businesses paid. Vice Mayor Paterno advised that Village code specified noise being heard between the hours of eleven p.m. and seven a.m. from 50 feet away of a special event was unacceptable. Council Member Humpage mentioned events at Paradise Park. Ms. Livingston questioned renting space and obtaining permits for events at the Park. Council Member Turnquest offered a brief explanation of the Village's permit process. Vice Mayor Paterno believed Paradise Park was not intended to be rented out for special events or commercial use and felt the park was for Village use only. Council Member Turnquest replied that residents should be able to use the park for events with no charge and only special events that restricted others from using the park should be charged a fee. Mayor Watkins verified the Village's Pavilion was offered to residents and other organizations for events. Vice Mayor Paterno felt outdoor events should not include alcohol. Ms. Colbert suggested assessing a fee for events which were to include alcohol. Council Member Arena noted the Village's Harvest Festival held each year offered beer. Mayor Watkins voiced her preference for no liquor when children were present. Mayor Watkins suggested increasing special events from two to four. Ms. Colbert expressed satisfaction. Manager Couzzo questioned if a fee would be implemented for events selling alcohol. Mayor Watkins commented she did not want the Village to appear to promote alcohol events. Council Member Humpage mentioned last year's Harvest Festival event which experienced no problems and the beer sales made it possible for the Village to donate $4,100 to veterans. Vice Mayor Paterno quoted code section 6.2c which authorized the Village Manager to approve alcohol at events. Council Member Humpage stated the Village could approve events with alcohol and the Chief would specify the number of officers needed for the specific event's management. Council Consensus was to allow four special events per year with no fee charged. Minutes — Workshop 3/24/10 Page 7 1. Discussion on Sign Ordinance 19 -08 (discussion continued) Cyrese Colbert, Business Committee Member questioned changing section 78 -738 of the Village code which referred to wind load and glued on signs. Council Member Humpage informed her that epoxies and glues came with wind load rating which would be referred to for that information. Ms. Colbert inquired about aircraft spot lights. Council Member Humpage believed there was an issue at the State level with them. Manager Couzzo did not believe there was a State regulation and suggested inquiring for that during a special event. Ms. Colbert suggested a sign be placed on US Highway One to direct traffic to Village Hall and Lighthouse Center for the Arts. Vice Mayor Paterno offered his understanding that the State would be involved in that decision since it was a State road. Mayor Watkins stated that an inquiry would be made on what was allowed. Manager Couzzo concurred. Vice Mayor Paterno suggested something be done about Christmas lights and lighted items lingering in lawns after the holiday. Attorney Davis replied it would be difficult to prevent since they can be considered yard decor. Kathy Livingston questioned dead trees and shrubbery on commercial properties. Mayor Watkins reassured her that they would be addressed. Council Member Humpage suggested revisiting beautification issues and include sending courtesy notices for removal of signs for out of business businesses. 3. Any Other Matters ADJOURNMENT Upon motion by Council Member Turnquest, seconded by Council Member Humpage, and unanimously carried, the meeting was adjourned at 8:01 p.m. Respectfully submitted, Deanna Mayo Village Clerk's Assistant