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HomeMy WebLinkAboutMinutes_Regular_03/10/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES MARCH 10, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:25 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Council Member Jim Humpage and Council Member Calvin Turnquest, Vice Mayor Vince Arena and Council Member Brennan. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Davis, Village Clerk Lori McWilliams and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; Council Member Tumquest noted a change regarding the 2110111 LPA minutes, motion carried unanimously 5-0. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Turnquest motion carried unanimously 5 -0. 1. MINUTES: 1/13/11 Regular; 2/8/11 Special Meeting; 2/10/11 LPA; 2/10/11 Regular; 2/22/11 Workshop 2. Approval of Contracts Signed by Manager under $25,000 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS None COMMUNICATIONS FROM COUNCIL Council Member Turnquest congratulated Mayor Paterno on his appointment as Mayor and thanked him for his relentless support to the Village. Council Member Humpage echoed the thanks to Mayor Paterno and congratulated and thanked Council Member Brennan on her appointment to the Council. Minutes — Regular Council Meeting 3/10/11 Page 2 Council Member Brennan expressed her joy to be part of the Council and congratulated the Mayor and Vice Mayor on their appointments. Vice Mayor Arena congratulated Mayor Paterno and thanked him for all his accomplishments and welcomed Council Member Brennan. He thanked the Village staff for their dedication and the Village's volunteers for going over and above. Chief Weinand, Fire Chief noted a charitable event organized and supported by the fire department which would be held on March 18, 2011. Mayor Paterno expressed his gratitude for the Council Members, their support and strength. REGULAR AGENDA OLD BUSINESS 3. Ordinance 1 -11, Second Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article 1. In General. Sec. 78-4. Definitions. By Creating an Entirely New Definition for "Rehabilitation Facility" and by Amending the Definition of "Residential Use "; at Article VI. Schedule of District Regulations. Sec. 78 -180 MU Mixed Use District. By adding "Rehabilitation Facilities" as a Special Exception Use, by Creating Conditions to be met by all Rehabilitation Facilities and by Limiting the Density for such Special Exception Use to 10 Units per Acre; and at Article X. Off - street and On- Street Parking and Loading Regulations. By Adding "Rehabilitation Facilities" as a Category and Requiring Rehabilitation Facilities to Provide One Off Street Parking Space Per Patient Bed (First Reading 1/13/11, Postponed 2/13/11) Attorney Davis read Ordinance 1 -11 title into the record. Mayor Paterno opened the public hearing for public comment. Pat Watkins, 167 River Drive noted that the Village has gone to great extents regarding this item and she had heard only positive feedback. She congratulated all involved on their work and compromise. Geraldine Genco Dube', 7 Country Club Circle, spoke to the amendment regarding mixed use as she believed the applicant accommodated the concerns of the Village and have gone above and beyond. She voiced her concerns for the proposed change and offered an alternate option. Minutes — Regular Council Meeting 3/10/11 Page 3 Harold Taylor, 15 Chapel Court questioned the number of units per acre. Mayor Paterno opened the public hearing for Council comment. Council Member Humpage stated he was a proponent of the project and offered a history regarding the item. He voiced his beliefs on GMH's hiring and facility guidelines and processes and felt they were sufficient and more stringent than other surrounding business's. He also noted the Village blemish would be removed with green space obtained through the venture. Council Member Humpage also noted the third party agreement restrictions and the possibility of negatives surfacing if GMH was rejected. Council Member Turnquest expressed his understanding of neighboring properties approval of the facility and his belief that property values will be affected negatively. He felt the facility was possibly harmful to the Village's reputation and expressed the Village will hold GMH responsible for keeping with what they pronounce. Vice Mayor Arena pointed out that the facility's clientele would have goals toward improving their lives and would spend a great deal of money for that purpose. He also noted the Village would implement guidelines that would maintain the promises of the applicant and he believed GMH would do a fine job. Mayor Paterno reiterated his concern was for the Village and felt the ten foot fence height proposed should be lowered so not to appear prison like and thanked everyone for their efforts and input on the item. Council Member Brennan expressed her appreciation for the great deal of education she had obtained regarding the venture as it had eliminated her initial concerns. She added that she believed clientele would prefer anonymity. MOTION: Council Member Humpage moved approval of Ordinance 1 -11; seconded by Vice -Mayor Arena; motion carried 4 -1 with Mayor Paterno dissenting. 4. Ordinance 2 -11, Second Reading, Amending the Village Code of Ordinances Walls and Fences by Amending this Section to Clarify the Village's Intent Regarding Wall and Fence Placement Relative to Associated Structures, and by Requiring Entry Features to Provide Adequate Clearance for Emergency Vehicles; and Unenclosed Uses in Commercial Districts, Awnings and other Projections over Sidewalk or Required Yard Area by Amending this Section to Allow for the Outdoor Sale of Ice, and the Outdoor Sale of LP Tanks under Certain Circumstances (First Reading 2/13/11) Attorney Davis read Ordinance 2 -11 title into the record. Minutes — Regular Council Meeting 3/10/11 Page 4 Chief Weinand offered background on the item and clarified changes. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 2 -11; seconded by Council Member Tumquest; motion carried unanimously 5 -0. 5. Ordinance 3 -11, Second Reading Amending the Regulations for ACLF Uses in both of these Zoning Districts by Requiring ACLF Uses to be Equipped with Emergency Generator Systems and by Requiring ACLF Uses to Guarantee Payment for Patient Ambulance Transport Services (First Reading 2/13/11) Attorney Davis read Ordinance 3 -11 title into the record. Mayor Paterno opened the public hearing to Council for comments; he then voiced his dispute regarding density guidelines and suggested a decrease of as much as half. Manager Couzzo reported that the item was at second reading and noted Council's two options; one as being deferred and re- advertised, or two, passed, discussed again and changed of density. Council Member Humpage suggested moving forward with the second reading and possibly addressing density changes at a future meeting. MOTION: Council Member Tumquest moved approval of Ordinance 3 -11; seconded by Council Member Brennan; motion carried unanimously 5 -0. 6. Ordinance 4 -11, Second Reading Amending the Planning and Zoning Advisory Board Powers and Duties Procedure to Clarify the Board's Final Authority Regarding Approval of Certain Entry Features and Certain Site Plan Modifications (First Reading 2/13/11) Attorney Davis read Ordinance 4 -11 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 4 -11; seconded by Council Member Tumquest; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 3/10/11 Page 5 NEW BUSINESS 7. SPM 11 -01 Site Plan Modification of County Line Plaza - Outparcel Expansion Review Attorney Davis swore in 5 persons to speak on items 7 & 8 and asked Council for any ex parte communications; there were none. Chief Weinand offered an overview regarding the parcels. Nilsa Zacaria, Village Planning Consultant, provided a power point presentation outlining the project. She noted the Planning and Zoning Board had recommended approval 3 -0. Mark Rickards, Project Manager, Bohler Engineering introduced the persons present from his team and referenced County Line Plaza's previous approval along with their proposal for an expansion to accommodate Chase Bank and its drive thru. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. John Isleib, 561 North Cypress Drive asked for clarification regarding the involvement of the Department of Transportation (DOT) regarding the deceleration lane into the plaza as he believed the area was problematic and the project would create additional congestion. Mr. Rickards replied that an access permit had been submitted along with a traffic report to DOT per their request. He noted the south bound lane did not warrant a turn lane. Manager Couzzo requested Mr. Rickards supply the criteria to the Village Council. Mayor Paterno questioned the stated variance awarded to Publix in 1994. Attorney Keith Davis stated that the variance and its history were still applicable. Mayor Paterno confirmed the green space north of Publix must remain green space. MOTION: Council Member Humpage moved approval of SPM 11 -01; seconded by Council Member Brennan; motion carried unanimously 5-0. 8. SPR 11 -01, JP Morgan Chase Bank Facility Site Plan Review Mayor Paterno opened the public hearing to the public for comment; there being none he opened the hearing for Council comment. Mayor Paterno felt more landscaping should be added; although the plan did meet the minimum for landscaping. Mark Rickards explained their plan was to preserve existing trees and relocate many palms. He agreed a stipulation could be added for additional Minutes — Regular Council Meeting 3/10/11 Page 6 shrubs and trees around the bank and offered the Landscape Architect to further clarify their plans. Dave Bodker, Landscape Architecture pointed out that the minimum tree guidelines were exceeded by 1 tree, and the buffer requirements far exceeded the minimums by means of 3 tiers of plant at the highway and 3 tiers around the bank. He pointed out the obligation request was for 229 plants and their plan provided 1098. He expressed his opinion that additional plantings could not be placed on the east side as it was at it's maximum. Manager Couzzo asked if there was a way to enhance the entrance it would be preferred. Mayor Paterno suggested planting more mature trees instead of additional trees. Manager Couzzo inquired if the responsibility for maintenance regarding landscaping would fall on the bank or property management. Mr. Rickards believed the bank was responsible for their own. Mayor Paterno advised that previous approval determined a turn lane could not be placed where the applicant is now requesting one. Manager Couzzo responded that the reports from Department of Transportation (DOT) should clarify what would be allowed. Mr. Rickards stated they were not interested in building a turn lane where one was not warranted. Mayor Paterno asked if the swale would need to be changed. Mr. Rickards responded the elevations did not show a need. Mayor Paterno suggested adding a security license plate recognition camera going into the site (at the Banks expense) which the Tequesta police department would maintain and monitor. Mr. Rickards replied that they were not opposed to the idea, but would prefer to get a figure to offer for authorization by Chase. Manager Couzzo noted the cost of $20,000 to $25,000 per camera. Vice Mayor Arena asked the landscape architect for clarification regarding the holly trees on the Florida destruction list. Mr. Bodker responded that the holly tree in the plan was native and not the variety being destroyed. Mark Rickards stated the bank could not commit to the camera purchase but could offer permission to the Village to place one on the property. He recalled previous staff and Planning and Zoning meetings and there being no mention of cameras. Council Member Humpage agreed the monitoring was a good idea. Village Attorney Keith Davis suggested staff working on ideas for this type of implementation. Mr. Rickards agreed and felt this type of request should be made earlier in the application process and did not feel it appropriate this far into the procedure. He concluded that Chase's plan was to open this year. MOTION: Council Member Humpage moved approval of SPR 11 -01; seconded by Council Member Tumquest; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 3/10/11 Page 7 9. Request to Transfer a Portion of the Election Funds to Computer System Maintenance Account for Purchase of High Speed Format Flat Bed Imaging Scanner Lori McWilliams, Village Clerk explained the necessity for the flat bed type of scanner and noted the funds needed were available through approximately one third of unused election funds. Mayor Paterno suggested appropriating the remaining proceeds (after the scanners purchase) back into Fund Balance. MOTION: Council Member Tumquest moved approval of Item 9 with the difference (after scanner purchase) going to Fund Balance; seconded by Council Member Humpage; motion carried unanimously 5-0. 10. Appointment of Planning and Zoning Board Member to Fill the Unexpired Term Vacancy Due to the Resignation of Chase Croft — Term Expires 5/13/12 Mayor Paterno commented on the terrific response received regarding applications for this vacancy. He noted the efforts of the Village Clerk and her utilization of the web and social media had much increased interest and responses. Council Member Humpage expressed his feelings that special consideration should be given to existing board member alternates and their time served. He offered appreciation from the entire Council for volunteerism on all boards and suggested a letter be sent stating such. MOTION: Council Member Humpage moved approval of Eric Jolly as regular member of the Planning and Zoning Board, seconded by Council Member Brennan; motion carried unanimously 5 -0. Mayor Paterno asked for nominations regarding the alternate position. Council Member Turnquest recommended Mitchell Miller and Janet Strand as alternates as he felt their years of residency and their familiarity with boards and committees was notable. Council Member Humpage suggested that Mr. Miller had experience and knowledge complementary to what the board would require. Mayor Paterno agreed with the choice of Mr. Miller as the alternate. MOTION: Council Member Tumquest moved to offer the position of alternate member on the Planning and Zoning Board to Mitchell Miller and Janet Strand to be runner up; seconded by Council Member Humpage; motion carried unanimously 5 -0. Minutes — Regular Council Meeting 3/10/11 Page 8 11. Appointment of Board of Adjustment Board Member to Fill the Unexpired Term Vacancy Due to the Resignation of John Vadala — Term Expires 5/13/12 Mayor Paterno noted Bernard Ward and his valuable service to the Village as a dependable alternate member. Bernard Ward, 28 Starboard Way, stated he had enjoyed serving as an alternate member and attending Council meetings. MOTION: Council Member Tumquest moved to appoint Bernard Ward as a regular member of the Board of Adjustments; seconded by Council Member Brennan; motion carried unanimously 5-0. Mayor Paterno asked for nominations in regards to the alternate position. MOTION: Council Member Tumquest moved approval to appoint Randy Kaye Garvey as alternate on the Board of Adjustments; seconded by Council Member Humpage; motion carried unanimously 5-0. STANDING REPORTS • Village Attorney Attorney Keith Davis noted his attendance at the Northern Palm Beach Improvement District and Steering Committee and expected to receive a Storm Water Management Agreement in April. e Village Manager Manager Couzzo expressed his gratitude for participating in the police / fire rescue active shooter drills at the old Seabrook property. He credited to department on how well trained they were and noted an article he had sent recently to Council which replayed the scenarios' at the training and reminded how important the training was. Manager Couzzo noted other organizations that would be utilizing the property for training. ANY OTHER MATTERS Vice Mayor Arena thanked Mr. Ward for his service. He then asked Council if a workshop should be scheduled regarding three axle trailers and that he visited residents in question and believed their landscaping was high enough to cover 31 foot boats. Manager Couzzo noted he offered the persons to contact him regarding their request Minutes — Regular Council Meeting 3/10/11 Page 9 and had not heard back from them. He felt he or Council would hear something before they needed to move forward. Mayor Paterno felt some boats could be too large for various properties and traveling over the Tequesta Bridge. Mayor Paterno noted he received a resolution from another city asking to include the school board and the Sheriff's Office in the County Ethics Ordinance. Council did not voice interest in passing a similar resolution. Council Member Humpage noted historical items in the Seabrook property which should be retained as part of the railroad station. Manager Couzzo stated the property would be considered an open space, passive park once demolition was completed. Council Member Humpage suggested placing a lock on the fence to keep kids out of the pool. Mayor Paterno agreed the area should be locked and felt the pool should be filled in. ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjoum carried unanimously 5 -0; therefore the meeting was adjourned at 8:16 p.m. Respectfully submitted, J,rsL,- (Y) &,0 U L'ta Lori McWilliams, MMC, 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.