Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 02_06/10/2010 MINUTES VILLAGE OF TEQUESTA SPECIAL COUNCIL MEETING MINUTES MARCH 16, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 12 :30 p.m. A roll call was taken by Village Clerk Lori McWilliams. 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., Village Clerk Lori McWilliams INVOCATION AND PLEDGE OF ALLEGIANCE — Pastor Paul Beresford 1a. Resolution 7 -10 Certifying the Results of the Regular Election Held on March 9, 2010 for the Village of Tequesta Council MOTION: Vice -Mayor Paterno moved approval of Resolution 7 -10; seconded by Council Member Humpage; motion carried unanimously 5 -0. COUNCIL OATHS OF OFFICE Village Manager Couzzo administered the Oaths of Office to Seat 1 — Vince Arena Seat 3 — Jim Humpage Seat 5 — Calvin Turnquest VILLAGE COUNCIL REORGANIZATION Mayor 1. Call for Nominations Mayor Watkins called for nominations for Mayor. Council Member Humpage commented the Council was moving in the right direction under the leadership of the current Mayor and nominated Patricia Watkins for another term. Mayor Watkins asked if there were any other nominations for Mayor; there being none, the Mayor closed nominations. 2. Election MOTION Council Member Humpage moved to accept the nomination of Patricia Watkins to serve as Mayor; seconded by Council Member Arena; motion carried unanimously 5 -0. Vice Mayor 1. Call for Nominations Mayor Watkins called for nomination for Vice - Mayor. Council Member Humpage commented the Council was moving in the right direction under the leadership of Minutes — Special Council Meeting — 3/16/10 Page 2 Vice -Mayor Paterno and nominated Tom Paterno for to serve as Vice -Mayor for another term. Mayor Watkins asked if there were any other nominations; there being none, the nominations were closed. MOTION Council Member Humpage moved to accept the nomination of Tom Paterno to serve as Vice - Mayor; seconded by Council Member Arena; motion carried unanimously 5 -0. APPROVAL OF AGENDA MOTION Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest, motion carried unanimously 5 -0. CONSENT AGENDA MOTION Council Member Humpage moved approval of the following consent agenda; seconded by Vice -Mayor Paterno; motion carried unanimously 5 -0. 1. MINUTES: 12/3/09 Workshop, 12110/09 Regular, 1/14/10 LPA, 1/14/10 Regular, 2/11/10 LPA, and 2/11/10 Regular 2. Resolution 3 -10, Approving a Three -Year Proposal from Sheehan Turf Care, Inc. for the Maintenance of the Ball Fields at Tequesta Park in the Amount of $90,000 3. Resolution 4 -10, Designating the Finance Director as the "Budget Officer" Pursuant to Section 166.241(3) F.S. 4. Approval of Budget Amendments for FY 2009 -2010 5. Approval of Bid Award to Alford Air Conditioning in the Amount of $38,597 to Replace Parks and Recreation Center HVAC END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS None COMMUNICATIONS FROM COUNCIL Council Member Arena mentioned the Village was back to being allowed to water three times a week, and stated free copies of Smoke Signals were available at various local businesses and bank branches. He thanked the group who organized the arrival of the Lt. Governor's visit and complimented Vice -Mayor Paterno on his planning of the event. Minutes — Special Council Meeting — 3/16/10 Page 3 Council Member Humpage, Council Member Turnquest, and Mayor Watkins all concurred and complimented the Vice -Mayor on the successful outcome. Vice -Mayor Paterno believed a special event needed to be organized since it was the first time the Lt. Governor had visited the Village. He was pleased with the enthusiasm of the Village staff and complimented the organization team who made it happen. Pastor Paul Beresford attended the Police Assessment Accreditation ceremony, noted it was a great honor to attend, and thanked the police for their leadership and dedication. REGULAR AGENDA NEW BUSINESS 6. Ordinance 5 -10, First Reading, Amending Chapter 14. Buildings and Building Regulations. At Article I. In General. Sec. 14 -1. Limitations on Days and Hours of Work on Buildings. By Amending this Section to Allow for Work on Sundays with Approval of the Village Council Attorney White read Ordinance 5 -10 Title into the record. Mayor Watkins opened the public hearing to Council for discussion. Council Member Humpage voiced a concern received by a resident regarding Sunday work. He stated the Ordinance was targeted primarily to the bridgework and suggested Council sunset the Ordinance. He requested the Sunday work be "quiet work" as to not disturb the neighboring condos. Council Member Turnquest felt the quiet work could be discussed with the contractor rather than placed in the Ordinance. Attorney Davis stated a time certain was necessary to sunset the Ordinance and Mayor Watkins suggested 9/30/10. Mayor Watkins opened the hearing to the public for comment, there being none she closed the meeting. MOTION: Council Member Turnquest moved approval of Ordinance 5 -10 on first reading and to sunset on 9130110, seconded by Council Member Humpage; motion carried unanimously 5 -0. Minutes — Special Council Meeting — 3/16/10 Page 4 ANY OTHER MATTERS Council Member Humpage asked Council to move forward with discussions on the sign ordinance and special event permits in order to give businesses some relief. Mayor Watkins stated there was a group meeting to review the sign ordinance. He stated the special event permits were tied to the garage sale ordinance and believed more special events should be allowed for a fee. He asked that the items be placed on the April 8, 2010 Council agenda with a workshop prior to the Council meeting. Vice -Mayor Paterno stated he supported Village wide events such as the green market, but believed there was a possibility larger businesses holding event could get out of hand; the number of events needed to be managed. Council Member Humpage stated the event should be in harmony with the community. Mayor Watkins suggested limiting the number of permits per day and Vice -Mayor Paterno would like the events to be Village events. Council Member Humpage agreed, but wanted the business community to be given more opportunity to hold events. Council Member Arena asked Council to reconsider the ban on Village signs and stated it was hurting the Parks and Recreation event participation. Mayor Watkins stated she had been approached by numerous residents and businesses regarding the lack of signage. Consensus of Council agreed to put out the Parks and Recreation event signs in fifteen locations. Vice -Mayor Paterno stated he was surprised to learn FPL and Bell South were not required to pull permits for new construction. Police Chief McCollom explained Florida Statute excluded FPL; however, ATT and the cable companies required no fee right -of -way permits. ADJOURNMENT MOTION Council Member Humpage moved to adjourn; seconded by Vice Mayor Paterno; the motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 1:18 p.m. Respectfully submitted, Lori McWilliams, CMC, Village Clerk MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY APRIL 8, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 5:30 p.m. A roll call was taken by Village Clerk Lori McWilliams. 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., Village Attorney Keith Davis, Village Clerk Lori McWilliams, Police Chief McCollom and Fire Chief Weinand. APPROVAL OF AGENDA MOTION: Council Member Tumquest moved approval of the agenda; seconded by Council Member Humpage, motion carried unanimously 5 -0. NEW BUSINESS 1. 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 opened the meeting for Council and Public comments. Council Member Humpage noted the item had been discussed multiple times and explained the two phases associated with the Ordinance. He stated the Ordinance associated with special exceptions was attached to the land not an owner. Vice Mayor Paterno voiced his concerns with the Ordinance changes and his support for making special exceptions difficult to obtain. He felt Tequesta was an exceptional Village because of their strict codes. Council Member Turnquest inquired if the Village had an application for a special exception submitted at present and if so, felt it would be poor judgment to discuss changes. Attorney White explained the Ordinance was being discussed because of past applicant's struggles. She stated the Village questioned their own process and felt it was time for Council to review. Council Member Turnquest believed the process was not followed properly in the past and expressed he was against making changes of a policy because of employee error. Council Member Arena felt periodic examination of all rules was necessary and believed it was important to understand that a "special exception" was a 12 month process not a single action. He stated it made no sense to make a developer go through unnecessary steps and expenditures and noted specifics which he believed the new proposed steps essentially made the special exception more difficult. Council Member Turnquest responded that the Ordinance should not be changed and believed the problem had been addressed. Council Member Arena felt that a business should not have to go to extremes only to present an idea and ask if it would be acceptable in the Village. He felt having them perform different studies and /or spending large sums of money on a project that Council could initially deny was unfair. Council Member Turnquest noted that different size businesses applied for permits with a variety of requirements, some needing studies and some not. Local Planning Agency April 8, 2010 Page 2 of 2 Mayor Watkins expressed her concerns with the procedure being performed wrong in the past and should not be assumed that the examination of the Ordinance was because of previous applicants project setbacks. She commended Council Member Humpage, Council and the Attorney on all they had put into researching this Ordinance and referred to the Villages Comprehensive Plan. She felt changes were good but believed this was bad timing. Catherine Harding, 1 Bunker Place pointed out that Ordinances were created in the best interest of the tax payers and she believed this Ordinance was not in the best interest of the community and expressed that the public should be given information before any changes took place. Geraldine Genco Dube, 7 Country Club Circle, referred to Village processes and third party approvals. She suggested splitting up the process and offering applicants alternatives. Mayor Watkins asked for any additional comments; there being none she closed the public hearing. MOTION Council Member Turnquest motioned denial of Ordinance 1 -10, seconded by Vice Mayor Patemo, motion carried a 3 -2 vote with Council Member Humpage and Council Member Arena dissenting. ADJOURNMENT MOTION: Council Member Turnquest moved to adjourn the meeting; seconded by Vice Mayor Patemo. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 6:21 p.m. Respectfully submitted, Lori McWilliams CMC Village Clerk MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES APRIL 8, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 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 Trela White, Village Clerk McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Turnquest offered the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Council Member Humpage asked to add a discussion on the Seabrook property to the agenda under Any Other Matters and Vice -Mayor Paterno added discussions on the Fires Sales Tax and legislative changes to pension plans under Any Other Matters. MOTION Council Member Turnquest moved approval of the agenda with the items added to Any Other Matters, seconded by Council Member Humpage, motion carried unanimously 5 -0. 1. Proclamation Declaring May 17, 2010 as Wild and Scenic Loxahatchee River Day Mayor Watkins presented the Proclamation to Mr. Albrey Arrington and his daughters. CONSENT AGENDA MOTION Council Member Humpage moved approval of the following consent agenda; seconded by Vice Mayor Paterno; motion carried unanimously 5 -0. 2. MINUTES: 2/22110 Workshop, 2/25/10 Special Meeting 3. Resolution 5 -10 Appropriating fund balance from Special Law Enforcement Trust Fund END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Albrey Arrington thanked Council on behalf of the Loxahatchee River Initiative for presentation of the Proclamation. They have worked to accomplish over $60 million dollars worth of watershed projects and appreciates Council Member Arena's participation. He distributed and discussed a handout of funded oyster restoration areas and projects. Minutes— Regular Council Meeting 4/8/10 Page 2 COMMUNICATIONS FROM COUNCIL Council Member Arena complimented Mr. Albrey on his extensive work with the river. He reviewed Village wide events including the recent Easter Egg Hunt, Interlocal Government Meeting, Pain Clinic discussions and the Chief's upcoming six month sabbatical. Council Member Humpage echoed Council Member Arena's compliments for Chief McCollom. He attended the Beach Road Association meeting and believed this was an opportunity for possible annexation. Council Member Turnquest commented on two incidents within his neighborhood where the police went beyond the call of duty. Mayor Watkins echoed Council comments regarding the Police Chief. She mentioned Council Member Turnquest had been nominated to serve an at large seat on the Palm Beach County League of Cities Board of Directors. She commented on the upcoming sign ordinance workshop and requested public input and voiced concern with an all or nothing approach. She explained a couple residents have volunteered to work with the manager on future revenue sources for the Village. REGULAR AGENDA OLD BUSINESS 4. 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 Village Attorney White read Ordinance 1 -10 title into the record. Mayor Watkins opened the meeting to Council for input. There being none, she opened the public hearing to the public for comment. Mrs. Geraldine Genco Dube asked why Council was hearing the item when the LPA recommended denial. Village Attorney White explained state law required the item to be heard by Council. MOTION: Council Member Turnquest moved to deny Ordinance 1 -10; seconded by Vice - Mayor Paterno; motion to deny carried 3 -2 with Council Member Humpage and Council Member Arena in dissent. Minutes —Regular Council Meeting 4/8/10 Page 3 6. Or-dananGe 6 110, F"mt R2_@_q_j!39_, Amending GhapteF 78 by Updating this Ar-tiGle to PFOVide GammerGial Uses within the Village with the Ability to Utilize Daily AdVeFtising n Mixed Use Developments and PFOY f er tFfl: u se of G cai Ad � YeFtiv�T Gee with ith Special �� Cven+ Permits 6. Ordinance 7 -10, First Reading, Amending Garage Sales and Other Outdoor Sales, by Creating an Entirely New Section 78 -561. Special Event Permits, to Provide Regulations and Application Requirements for Conducting Special Events within the Village Village Attorney White read Ordinance 7 -10 title into the record. Mayor Watkins opened the public hearing to the public for comment prior to Council input at Council's request. Ms. Cyrese Colbert, 11663 Banyan Street, Palm Beach Gardens, voiced concern with Section 78- 553(b) which did not allow outdoor sales and asked if Gallery Square North would be prohibited from having "Art in the Square." Attorney Davis stated unless the event fell under Special Event Permits, outdoor sales would not be authorized. Ms. Colbert inquired on Section 78 -551 which allowed only two permits to be issued to any one street address during a single calendar year and noted further in the Ordinance it refered to special events, which allow four per year. Ms. White noted no changes were made to Section 78 -551 and suggested Council could include the same language in the special event section as it was intended to be more liberal. Mayor Watkins asked if a special event permit allowed for sales and the attorney confirmed it would and stated the commercial district could be changed to say, "except as provided for in Section 78 -295 (1) and 78- 561." Ms. Colbert asked Council to explain Section 78 -561 (b) (1) and Attorney Davis explained permits would be issued to non - profit organizations for occasional sale or fundraisers such as Girl Scout cookies; and Christmas tree sales were customarily allowed in the Village per 78 -551. Mr. Frank D'Ambra, 23 Leeward Circle, asked how vendors would be affected who wanted to participate in the Tequesta Marketplace and sell merchandise outside their businesses. Council Member Humpage believed it would fall under the special events section. Vice -Mayor Paterno stated this would be a Village sponsored event. Attorney White suggested an exception be added. Village Manager Couzzo explained staff considered conceptually to expand the green market time frames to other businesses in the community at their locations, thereby allowing all businesses the same types of rights as the green market businesses. Vice -Mayor suggested the exception be for Village sponsored events at Paradise Park. Minutes —Regular Council Meeting 4/8/10 Page 4 Vice -Mayor Paterno commented on Section 78 -551 and asked how the number of events would be managed for the larger shopping centers. He stated a plaza with ten or more businesses could feasibly hold 40 events per year. Mrs. Dottie Campbell, 30 Eastwinds Circle, stated she was perplexed by the first reading of the Ordinance and believed more work was necessary and more language specifics listed such as with Girl Scout cookie sales. Mrs. Catherine Harding, 1 Bunker Place, commented on the section prohibiting outdoor display of merchandise and asked if this was being considered. Mayor Watkins explained the signs and merchandising was being discussed and all was being looked at. Vice -Mayor Paterno asked if Girl Scouts would now have to obtain a permit and Manager Couzzo stated his literal interpretation of Code was yes, but there was also a good judgment common sense interpretation as well. Vice -Mayor Paterno voiced concern with alcoholic beverage services and special events; Council Member Humpage suggested including language that it had to a not - for - profit or Village event. Manager Couzzo suggested coordinating with the Police Chief who could be more restrictive administratively. Vice -Mayor Paterno clarified that anytime there was a special event it had to come to Council to which the Village Attorney stated yes as it was written. Vice -Mayor Paterno felt events that were large should be required to come before Council. Chief McCollom noted the type of event should be considered and stated he could provide the Delray policy for review. MOTION: Council Member Tumquest moved to postpone the item for future discussion — date not determined, Vice -Mayor seconded, motion to postpone carried unanimously 5 -0. NEW BUSINESS 7. Council Approval of Seabrook Road Overlay Project (unbudgeted) in the Amount of $44,300.00 MOTION: Vice -Mayor Paterno moved approval of Item 7; seconded by Council Member Humpage; motion carried unanimously 5 -0. Minutes —Regular Council Meeting 4/8/10 Page 5 8. Request Council Approval of an Agreement Between Gentile Holloway O'Mahoney and the Village of Tequesta for Professional Landscape Architectural Services for the Tequesta Bridge In the Amount of $2,800.00 MOTION: Council Member Turnquest moved approval of Item 8; seconded by Council Member Humpage; motion carried unanimously 5 -0. 9. Resolution 8 -10, Providing for the Usage and Rental of the Village's Council Chambers to Village Residents and Village Non - profit Organizations Council suggested HOA's and not - for - profit organizations continue to use the Parks and Recreation Department facilities. MOTION: Vice -Mayor Patemo moved to deny Resolution 8 -10, seconded by Council Member Humpage; motion to deny carried unanimously 5 -0. 10. Resolution 10 -10, Approving the Transfer of $300,000 from Capital Improvement Fund #301 to the General Fund #001 and Reducing Appropriated Fund Balance in the General Fund by $300,000 Council agreed to leave the funds in the Capital Improvement Fund. MOTION: Vice -Mayor Patemo moved to withdraw Resolution 10 -10, seconded by Council Member Humpage; motion to withdraw carried unanimously 5 -0. STANDING REPORTS • Village Attorney Attorney White congratulated Council Member Turnquest on his at large seat nomination to the Palm Beach County League of Cities Board of Directors. She stated the County took action to place the Fire Rescue Surtax on their referendum ballot for August and believes it would not be in the best interest of the Village. She updated Council on Aventura's red light camera issue and noted a judge found their ordinance unconstitutional and it was now under appeal. • Village Manager Commented on the Police Chief's impending six -month departure and allowed the Chief to express some departing remarks. Police Chief McCollom appreciated the accolades and stated it was a pleasure to work with Mr. Couzzo. He commented he would be available via email and cell phone if needed. He complimented Russell White on the work he has been providing on the bridge and the money his work was saving the Minutes— Regular Council Meeting 4/8/10 Page 6 Village. The Manager stated Chief McCollom would remain the Chief while on sabbatical and would be accessible. ANY OTHER MATTERS Seabrook Train Station Property Council Member Humpage stated he received a call from the Seabrook train station realtor who relayed the price dropped $100,000. Council Member Humpage noted the property owner currently owed the Village $99,664 in fines and suggested collecting the money or taking the property. Village Attorney White advised the Village could foreclose on a code enforcement lien after it had been on the books for three months. Attorney Davis stated they had done what was necessary and were ready to move with Council direction. He explained the options available. Frank D'Ambra, 23 Leeward Circle, asked given the fact the buildings were deemed unsafe and there was currently an inhabitant, would the Village be liable if it was not acted upon quickly. Attorney Davis explained the Village had been taking the appropriate steps as allowed by law and this was the next step in the process. Consensus of Council agreed to pursue both foreclosure and demolition. Fire Sales Surtax Vice -Mayor Paterno noted the Village Attorney suggested opposing the fire sales surtax, stated he personally opposed the measure, and asked Council to hold a special council meeting and oppose the tax as well. Consensus of Council (Mayor Watkins, Vice -Mayor Paterno, Council Member Humpage) agreed to have a Resolution drafted opposing the fire sales tax and to hold a special meeting on April 19 at 5:00 p.m. Vice -Mayor Paterno commented on the proposed pension legislation and believes most changes would be in the best interest of the Village. He suggested having Mr. Couzzo contact the legislators personally to voice Council's position. Manager Couzzo stated the issue could be placed on the special meeting agenda and suggested a letter from the Mayor and Council to legislators noting Council would consider. Village Attorney mentioned legislators responded more to calls or letters than resolutions. She recommended Council send their comments to the Manager. Manager Couzzo suggested the letter come from the Mayor. Minutes —Regular Council Meeting 4/8/10 Page 7 ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 8:48 p.m. Respectfully submitted, 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. MINUTES VILLAGE OF TEQUESTA SPECIAL COUNCIL MEETING MINUTES April 19, 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 Lori McWilliams. Present were: Mayor Pat Watkins, Vice Mayor Tom Paterno, Council Member Vince Arena, Council Member Jim Humpage, and Council Member Calvin Tumquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. 1. Council Discussion of Resolution 11 -10 Opposing the Fire Sales Tax Referendum Village Manager Couzzo advised the legislature had approved granting the county the ability to impose a one -cent sales tax if approved by referendum; the County Commission had approved it by 5 -2 vote. The concept was to generate revenue to support fire rescue by addition of a one -cent sales tax, and to go away from the Municipal Services Taxing Unit. This meeting had been called to discuss whether the Council wanted to adopt a resolution opposing the tax, wait for additional information as it came out, or support the sales tax as an option to the traditional Municipal Services Taxing Unit. Mayor Watkins provided information from two meetings she had attended, expressing concern there were so many unknowns and it was being done too quickly, and questioned if a city could opt back in. The Village Attorney advised there was nothing in the legislation preventing a city from opting back in. Issues involved with raising the millage rate were discussed, and the fact that this was an alternate mechanism for generating revenue; and the reason the fire rescue departments wanted it was that it would be more stable since it would not be dependent on fluctuations in property values. Also, support of fire rescue would not be totally dependent upon property owners but would include tourists and shoppers from nearby counties. MOTION: Council Member Humpage moved approval of Resolution 11 -10, seconded by Vice Mayor Paterno. During discussion of the motion, Council Member Tumquest expressed concern with voting when all of the details were not yet known, Village Attorney Davis advised that time was running out and there might not be time to get all the information; and there was nothing in the legislation that would prevent a city from opting back in. Motion carried 4 -1 with Council Member Tumquest opposed. Council Member Tumquest requested that Commissioner Marcus be invited to attend the next Council meeting to speak on this issue. 2. Council Discussion Regarding Pending Changes on Proposed Pension Legislation Village Manager Couzzo reported at the beginning of the legislative session there had been a number of initiatives regarding State and local public pension reforms; however, very few of these items were still at the forefront. In view of the difficulty of sustaining pensions in the Minutes — Special Council Meeting — 4/19/10 Page 2 future, he suggested a position paper in support of legislation supporting future sustainable pensions for employees. Consensus of Council was to send a position paper that Council would support legislation supporting sustainable pensions for employees. ADJOURNMENT MOTION Council Member Humpage moved to adjourn; seconded by Council Member Arena; the motion to adjoum carried unanimously 5-0, therefore, the meeting was adjourned at 5:24 p.m. Respectfully submitted, Lori McWilliams, CMC, Village Clerk MINUTES VILLAGE OF TEQUESTA WORKSHOP MINUTES APRIL 19, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 5:32 p.m. A roll call was taken by Village Clerk Lori McWilliams. 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, Village Clerk Lori McWilliams and Department Heads. 1. Discussion of Ordinance 6 -10 - Amending Chapter 78 by Updating this Article to Provide Commercial Uses within the Village with the Ability to Utilize Daily Advertising Signs Under Certain Circumstances, Clarify Permitted Signs in the Commercial Portions of Mixed Use Developments and Provide for the Use of Certain Advertising in Conjunction with Special Event Permits Council Member Humpage stated the Village Ordinance needed much change and referred to item seven which he felt offered confusion and discrimination. Mayor Watkins agreed. Attorney Davis offered clarity and noted items on sidewalks should be pushed back to allow room for pedestrians. Council Member Humpage stated the verbiage contradicted itself allowing benches and not signs. He felt the Village should only address complaints and leave the Ordinance alone. Council Member Arena asked the Attorney to offer clarification on number five of section 78- 333 where "common open space" was mentioned (which he believed covered sidewalks) and asked if the language "will not become a future liability for the Village" would cover liability issues toward the Village. Attorney Davis responded it would not cover all issues. Council Member Arena stated garbage cans were left outside of businesses and they were larger than the advertisement signs. Council Member Humpage questioned where the liability fell if someone tripped over something on a plaza walkway. Attorney Davis responded he did not believe the Village would be held responsible. Council Member Humpage felt a hold harmless agreement would help and again suggested leaving the Ordinance alone. Vice Mayor Paterno felt it could not be left alone and stated what was written had to be enforced and felt doing nothing was worse than a change. He felt the proposed change would accommodate some of the current complaints. Mayor Watkins pointed out the reason a change was entertained was to make the Ordinance friendlier so that items such as flower pots and benches would not be cited. Manager Couzzo commented that officers would need to use discretion and staff would continue to monitor enforcement and or complaints. Council Member Arena suggested items that appeared to be clutter more than be purposeful should be removed. Minutes -- Workshop 4/19/10 Page 2 Julie Beaumont, Owner of Village Art Studio questioned private versus public jurisdiction and asked if the Village could better define "sidewalk & merchandise ". She noted that Code Enforcement had deemed one of her art displays as an infraction considering it as a merchandise display. Richard Berube 4 Country Club Drive made known that he had missed a meeting and may not be up to date on pertinent information but,. believed the goal was to keep signs off sidewalks. He felt the solution was to allow placement of such signs in windows as an alternative and believed this was a sufficient solution to what he believed was the main compliant. Karen Boyle, Owner of Mail & News Plus noted her own experience with people not seeing signs in windows and stated she disagreed with Mr. Berube's statement. She questioned Ace Hardware's signage which she felt was advertisement and offered her opinion on sidewalks versus walkways. Dottie Campbell, Owner of Gallery Square North referred to a previous time when a Village Inspector suggested the Plazas place planters outside to make businesses more welcoming. She felt removing them would make the plaza look ordinary and uninviting. She commented several items brought forth by the recently formed Sign Committee were not considered or even discussed. Vice Mayor Paterno recalled the meeting noting that items did not get covered because of the meetings length. Mrs. Campbell replied that the items should be discussed and definitions specified. Council Member Humpage pointed out that the Village Code did not offer a definition for sidewalk or walkway. Mayor Watkins stated Council wanted to take their time on this decision. Cyrese Colbert, Manager of Gallery Square North and Sign Committee member expressed some items were addressed but, quite a few issues still needed to be dealt with. Neil Vanderwaahl, 217 Fairway West, voiced his concern with Code procedures and the Code Enforcement Officer and felt the present code offered a lot of chaos. Council Member Humpage reiterated that during the last meeting sandwich board signs were discussed for two hours. He questioned if definitions were not given how could something be enforced and pointed out that lack of clarification only left the item open to conjecture. Mayor Watkins offered a perspective from a resident who used a wheelchair and noted he had only noticed one problem area which benches faced each other and made it too tight to get by. She then suggested focusing back on the Committees suggestions. Minutes —Workshop 4/19/10 Page 3 Manager Couzzo felt the Village could do a better job on their interpretation. He believed there had been good response from business owners on the present issue and stated consultants could be hired to define language only to have the new verbiage questioned. He felt the law was to assist and regulate neglect, disorder and /or avoidance and the Village should be more neighborly in dealing with code issues. Council Member Arena stated "common area" was mentioned when referring to sidewalks. Attorney Davis responded that common area was the area used by all. Council Member Arena questioned why sandwich boards were specifically focused on when nothing was stated to directly address items such as flower pots or chairs left out for smokers. He commented that common sense was important. Vice Mayor Paterno emphasized that some items could work for one but offend others and used an example of the cigar store next to the ice cream store which allowed smoking outside. He felt having green space was important but also believed people had difference of opinion on what was acceptable for display which, he believed it should be more defined. Council Member Humpage reiterated that a solution needed to be made and definitions given. Richard Berube expressed his opinion that the code was fine and common sense should be used when applying it. He felt direction needed to be given to the Code Officer and a code change was not needed. Mr. Berube felt too much time was wasted on this issue. Mrs. Campbell responded that Mr. Berube offered a composed opinion since he had not been subjected to being summoned and fined. Mayor Watkins stated this procedure was being worked on within the Village. Vice Mayor Paterno questioned outside merchandising and referred to West Marine. Manager Couzzo stated West Marine had been told that merchandising was not allowed outside of businesses. Attorney Davis noted if an item became an issue it then could be prohibited. Council Member Humpage stated items placed outside for sale had not been addressed. Ms. Boyle pointed out that a box was placed outside her store which news papers were delivered to at night and brought inside when she arrived in the morning. She questioned procedures that businesses had been doing for years and if they could be grandfathered in. Council Member Humpage questioned what Council would do about that. Ms. Beaumont asked about her art item. Council Member Humpage responded it was okay as long as it was not for sale. Mayor Watkins stated that a more relaxed approach would be taken on interpretations by code enforcement and the item as a whole would be more closely monitored. Council Member Humpage expressed that Council could also be eyes for the Village. Ms. Beaumont beleived that most business owners would prefer to be talked to if there appeared to be an issue. Vice Minutes — Workshop 4/19/10 Page 4 Mayor Paterno questioned people's difference of opinion as a base of conflict. Mr. Vanderwaahl voiced his appreciation for Vice Mayor Paterno's articulation and stated health and safety issues should be addressed by the Village but felt Property Managers should deal with business owner complaints and believed problems would be addressed when they arise. Council Member Humpage asked if an Ordinance could be created to add mixed use. Attorney Davis responded yes. Council Member Humpage asked if language could be developed offering direction and brought back to be discussed at the May Council meeting. Attorney Davis confirmed Council's request. Mayor Watkins confirmed Council consensus. Any Other Matters ADJOURNMENT Upon motion by Council Member Humpage, seconded by Council Member Tumquest, and unanimously carried, the meeting was adjourned at 6:48 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk MINUTES VILLAGE OF TEQUESTA SPECIAL COUNCIL MEETING MINUTES May 27, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 8:30 a.m. A roll call was taken by Village Clerk Lori McWilliams. 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., Village Clerk Lori McWilliams and Village Attorney Davis. APPROVAL OF AGENDA MOTION: Council Member Turnquest moved approval of the agenda as presented, seconded by Council Member Humpage; motion carried unanimously 5-0. 1. Council Authorization, per Village Code Section 14.1, to Allow Construction Work on Tequesta Drive Bridge on Monday, May 31, 2010 Memorial Day and Sunday, July 4, 2010 Independence Day MOTION: Council Member Humpage moved approval to allow work construction work on Monday, May 31, 2010 and Sunday, July 4, 2010, seconded by Council Member Turnquest; motion carried unanimously 5 -0. ANY OTHER MATTERS Village Manager Couzzo suggested staff be allowed to start the vines o the retaining walls to enable them to become established and noted this would be paid from the current year budget. Consensus of Council agreed. Council Member Humpage left the room at 8:35 a.m. Village Attorney Davis updated Council on the surtax issue and noted Palm Beach and West Palm Beach took the same position as Tequesta and noted the item was on hold at the County. ADJOURNMENT MOTION Council Member Turnquest moved to adjourn; seconded by Council Member Arena; the motion to adjourn carried unanimously 5-0, therefore, the meeting was adjourned at 8:36 a.m. Respectfully submitted, Lori McWilliams, CMC, Village Clerk