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HomeMy WebLinkAboutMinutes_Regular_04/08/2010 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 Tumquest 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 Patemo; motion carried unanimously 5 -0. 2. MINUTES: 2/22/10 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 mod. naflse 6 1 , efldieg-- Ghapter78 by U pdatiRg thus - A#isle -te PFey*de GemmeM Use6 within the Village with the Ability te Utilize Daily AdYeFti6iRg Signs Under GeFtaiR G QaFify Permitted Signs i R the CommerGial Pert of Mixed C-- Developm Rts and PFevide 9F + he LJ6e o .min A dyeFt is i n_ i 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, a, m t.- 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.