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HomeMy WebLinkAboutMinutes_Workshop_04/19/2010 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 a c Member Humpage stated the i contradicted p a verb age 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 tha officers t o cers 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 Turnquest, and unanimously carried, the meeting was adjourned at 6.48 p.m. Respectfully submitted, Lori McWilliams, CMC Village Clerk