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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_06/09/2011 MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY May 12, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, 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 and Department Heads. APPROVAL OF AGENDA NEW BUSINESS Public Hearing to consider and make recommendations to the Village Council with regard to the following: 1. Ordinance 5-11, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article VI. Schedule of District Regulations. Sections 78-177 C-2 Community Commercial District Allowing the Maximum Density for ACLF Use in these Zoning Districts to be 12 Units Per Acre Attorney Keith Davis briefly noted the specifics relating to Ordinance 5-11. Council Member Humpage offered his research regarding how the proposed changes would affect businesses negatively in a catastrophic situation. Attorney Davis explained that replacement of same use would be acceptable but any changes in business or design would have to comply with new density code. Attorney Davis pointed out that the requiremen�s would not change for a new owner as long as the use stayed consistent and did not change. He explained the business would have to completely cease for an extended period (noted in the Village code) before the building would be required to change to a new code. Council Member felt the proposed 12 units per acre was too extreme of a reduction. Mayor Paterno stated he would entertain negotiations but he was concerned with the fire department receiving additional calls from an assisted living facility versus a residential area. Council Member Humpage noted the fire department was compensated for its calls and residential areas usually involve more police calls. Local Planning Agency May 12, 2011 Page 2 of 2 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 Tumquest moved to recommend Council to pass Ordinance 5- 11 as is; seconded by Council Member Humpage_ The motion carried unanimously 5-0. ADJOURNMENT MOTION: Council Member Humpage moved adjoumment; seconded by Council Member Tumquest. The motion to adjoum carried unanimously 5-0; therefore, the meeting was adjoumed at 6:10 p. m. RespectFully submitted, 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. MINUTES VILLAGE OF TEQUESTA WORKSHOP VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 12, 2011 Call to Order and Roll Call The meeting was called to order by Mayor Tom Paterno at 5:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Calvin Turnquest, Council Member Humpage and Council Member Abby Brennan. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Davis, Village Clerk Lori McWilliams and Department Heads. 1. Discussion on Annexation Strategies and Priorities Fire Chief Weinand identified proposed annexation areas as A through J, and advised that one of the major mistakes made in 1995 had been trying to annex too many areas at one time. Planning Consultant Nilsa Zacarias indicated the different annexation areas with their values were shown in a table in the backup materials. The next phase of the plan would be to go into details to assess how much it would cost to annex each area. There would be a cost to provide the same level of service as currently experienced. She asked what area the Council would like her to focus on. Vice Mayor Arena asked if there was any area on which the county would agree. Chief Weinand responded Area J, which was less than ten acres, could be annexed by the Village's local agreement with the county. Village Manager Couzzo suggested finding the two most desirable areas—those most like the Village, with the highest level of potential success in achieving annexation, where initial capital outlay and infrastru�ture improvement costs could be minimized to avoid long-term payback. He commented the Village should think about which areas would complement and not change the character of the Village. Mayor Paterno suggested if there were a way to grandfather people in with the incentive that their taxes would not change for possibly three years, then gradually wean them on, and if they sold their houses automatically go to the new rate. Let them know the process is a long one with the goal being to square off and let them contribute something in the beginning. He noted Anchorage Point really had no ince�tive to join the Village since they got most services already, and asked other Council members for their ideas. Vice Mayor Arena suggested giving people more time to make improvements. Attorney Davis noted taxes had to be uniform, but the Village had control with a great deal of flexibility over how code enforcement issues were handled, and financial breaks could be given for permit fees, land development, application fees, etc. He noted if County Line Road is not in the Village then those areas may not be enclaves and may not be able to be handled with an interlocal agreement. Consultant Minutes — Village Council Workshop 2/22/11 Page 2 Zacarias reported the county had a map showing those were enclaves and the county had sent her the steps to enclave less than 10 acres. Chief Weinand commented years ago it wasn't the cost and taxes for those potential annexations as much as the Village code requirements. Village Manager Couzzo stated all areas needed to be analyzed independently of each other, then prioritize a list of areas, and then do an analysis. Council Member Humpage stated Waterway Village was going to discuss annexation in October, but they wanted to meet with the Village first, and they had some road and drainage infrastructure issues. Ms. Zacarias confirmed if property was contiguous to the Village property it could be voluntarily annexed. Council Member Humpage pointed out Nicole Circle had 30 homes and was in the county. Infrastructure was already in place; however, police services were an issue. Sewer, water, and some street lights would be needed. Ms. Zacarias advised she would meet with the county, since they had said they would look at this on a case by case basis. Mayor Paterno asked if the area was 10 acres or less if the county would contest the annexation or just give it to the Village. Chief Weinand advised it could be done by interlocal agreement. Ms. Zacarias added that lately the Commission would like the owners to be notified and for them to agree. Mayor Paterno suggested annexing commercial areas such as Judy's and a few lots up the street to help control the future along U.S. One. Consultant Zacarias commented Commissioner Karen Marcus had been supportive and needed to be involved to create a table outlining the county and Village costs in order to compare apples to apples. Council Member Humpage added the county needed to set the millage rate and MSTU. Village Manager Couzzo suggested having preliminary meetings with those areas Council would like to consider to see what their issues were and where to begin. Mayor Paterno suggested areas A, D, and D and to break D down. Council Member Humpage suggested A and C, then go from there. Manager Couzzo suggested inviting the residents of those areas right away, do preliminary infrastructure assessment and impact analysis, and look more specifically at the properties. Other comments were to go to the county for area J, to take the commercial properties along U.S. One, that there were twice as many homes in C as in A, and A had a higher property value, Council Member Humpage commented the Village was paid to provide fire services in those areas. Village Manager Couzzo advised the Village would pick up revenues from the ad valorem side and they were paying more now on the MSTU than if they were annexed. Minutes — Village Council Workshop 2/22/11 Page 3 Consensus of Council was to pursue areas C, A, and J and commercial enclaves. Public Comment Pat Watkins, 167 River Drive, commented that three years ago Tequesta Hills, which abutted the water department, had approached her and was interested in coming into the Village. Vice Mayor Arena asked if the Village could offer those with code issues not to pay for the permits to comply, to which Attorney Davis responded yes, the Village had complete jurisdiction on code matters. ANY OTHER MATTERS There were no other matters to come before the Board. MOTION: Council Member Humpage moved to adjoum the meeting at 5:39 p.m.; seconded by Vice MayorArena; motion carried unanimously 5-0. RespectFully submitted, 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. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES MAY 12, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:07 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. Council Member Jim Humpage was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Brennan provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA �ouncil Member Humpage stated he would speak under Any Other Matters. Council IVlember Turnquest pulled items 10 8� 12 for discussion. Mayor Paterno noted item 9 had been removed and items 17 & 18 were pulled off by the applicant. MOTION: Council Member Humpage moved approval of the agenda with changes stated; seconded by Council Member Brennan; motion carried unanimously 5-0. PROCLAMATIONS Village Clerk McWilliams read the proclamations as Mayor Paterno awarded and congratulated persons present. 1. Designating the Month of May as Neuro•fibroma•tosis (NF) Awareness Month in the Village of Tequesta 2. Designating May 25, 2011 as National Missing Children's Day in the Village of Tequesta 3. Designating the Week of May 15 — 21, 2011 as EMS in the Village of Tequesta 4. Designating the Week of May 15 — 21, 2011 as National Public Works Week in the Village of Tequesta 4a. Declaring May 8, 2011 as Charlotte Mathison Day in Honor of her 104 Birthday Minutes — Regular Council Meeting 5/12/11 Page 2 4b. Declaring the Week of June 6-10, 2011 as Code Enforcement Officers' Appreciation Week in the Village of Tequesta PRESENTATIONS 5. Recognition of "Poe Poe" and Crew for their Dedicated Contributions to the Village of Tequesta Mayor Paterno thanked Cpl. Derick Velez for his character Poe Poe the clown and his entire crew for all their hard work and the joy that they brought into the Village. 6. 2010 Comprehensive Annual Financial Report Ms. JoAnn Forsythe, Director of Finance, acknowledged her department and thanked them for all their efforts. She then offered a summary description of the Comprehensive Annual Financial Report (CAFR) and its contents. Nicole Mannarino, Marcum, LLP Representative explained the auditing process and Marcums involvement with monitoring the CAFR and the Village's internal controls. She stated the Village had terrific checks and balances in place which earned them excellent marks and a "clean opinion". Council Member Brennan remarked that receiving such high marks was not efFortless and finance should be commended. 7. Presentation on Light Emitting Diodes (LED) to Provide Energy Savings and Longevity Council Member Humpage suggested Council consider LED lighting in the future for the entire Village and noted the expense would be approximately $89,000 and the return on investment would take roughly finro years. He stated, thereafter the Village's annual savings would be an estimated $40,000. He also pointed out there would be a labor savings since the LED bulbs life expectancy was 60,000 hours compared to traditional bulbs at 3,000 hours. Council Member Humpage commented there would most likely be additional savings since the air conditioning use would be lessened by reducing fluorescent lighting heat in the building. Mayor Paterno supported the recommendation and confirmed with his personal knowledge and experience of a 25% kilowatts reduction at his home. He suggested consideration for the upgrade in next budget cycle. Minutes — Regular Council Meeting 5/12/11 Page 3 10. Resolution 4-11, Appropriating Fund Balance and Increasing the General Fund 2010/2011 Budget by $9,600.00 and Providing Additional Funding for Increased Building Inspection Services Attorney Keith Davis briefly explained Resolution 4-11 and it had been pulled from the consent agenda for discussion. Council Member Turnquest questioned if the anticipated eight weeks would be long enough for the inspector. Manager Couzzo responded that the time could be less, but if it were longer he would need to come back and ask for another increase. Council Member Turnquest suggested budgeting for the remainder of the fiscal year to avoid such a scenario, and returning the unused funds to fund balance. Manager Couzzo agreed and suggested the sum of $25,000. Council Member Brennan voiced her support for Council Member Turnquest's proposal and asked how much the Village would profit from the additional inspections. Manager Couzzo responded that his estimate would be approximately four to one. Council Member Humpage noted that permitting and constru�tion volume had increased and the time parameters of receiving permits were going out two and three weeks. He voiced that it was an inconvenience to projects and it should be remedied. Vice Mayor Arena asked if Council could be updated on the value of this transaction. Manager Couzzo responded that it would be supplied in a monthly report. Chief Weinand, Acting Director of Community Development added that the Village was only adding consultants on an as needed basis. Mayor Paterno opened the public hearing for public comment. There being no public comment the public hearing was closed. MOTION: Council Member Tumquest moved to amend the requested appropriation of $9, 600 to $25, 000; seconded by Council Member Brennan; motion ca►ried unanimously 5-0. 12. Council Consideration and Approval of the Employment Agreement between James Weinand and the Village of Tequesta and Authorizing the Village Manager to Execute Attorney Keith Davis briefly explained item 12 as it had been pulled from the consent agenda. Council Member Turnquest asked if the Fire Chiefs salary could be broken down by duties. Mayor Paterno responded that Chief Weinand was sufficiently paid for his duties. Manager Couzzo noted that the Chief had a base salary and had been given a five percent increase for the additional duties of Community Development Director. He added that many Village employees were managing several duties. Minutes — Regular Council Meeting 5/12/11 Page 4 Vice Mayor Arena voiced his support. Council Member Brennan thanked the Chief for the entirety of what he offered. She added thanks to Village staff and voiced her feeling that most were performing two and three jobs. Council Member Humpage voiced concern that several department heads would be retiring in the near future and suggested persons should be groomed to maintain the Village through the transactions. Brian O'Brien, 16 Yacht Club Place asked why the Village was underpaying the Chief and inquired on the amount the Chief was paid. Manager Couzzo responded that the base salary was approximately $120,000. Mr. O'Brien established that that was the contract being approved and 95% was for his salary as Fire Chief. Mr. O'Brien voiced gratitude for the Chief and Village employees for their service. He stated that he believed it was the way of the present and future job market to wear many hats. Manager Couzzo noted that employees' dedication was in part responsible for the Village's financial security and maintaining low taxes. MOTION: Council Member Tumquest moved to approve item 12; seconded by Council Member Humpage; motion carried unanimously 5-0. CONSENT AGENDA MOTION: Counci! Member Humpage moved approval of the consent agenda with items 10 & 12 pulled for discussion and items 17 & 18 removed by the petitioner; seconded by Council Member Turnquest; motion carried unanimously 5-0. 8. MINUTES: 2/22/11 Special and 4/14/11 Regular 9. Item Removed from Agenda 11. Resolution 5-11, Appropriating Fund Balance and Increasing the General Fund 2010/2011 Budget by $25,000.00 and Providing for the Creation of a Volunteer Firefighter Program 13. Resolution 7-11, Approving a Proposal from Hub City Ford of Crestview Florida, for the Purchase of a Pickup Truck in the Amount of $21,847.00 with Funding Coming from the 401 Account 14. Resolution 3-11, Council Consideration and Approval of Website Policy Regarding Sponsors and Site Links END OF CONSENT AGENDA Minutes — Regular Council Meeting 5/12/11 Page 5 COMMUNICATIONS FROM CITIZENS Pat Watkins, 167 River Drive, noted that residents had asked that she remind Council about discussions regarding a dog park in the Village. She noted that they were requesting the dog park to offer benches, fencing and a watering faucet and recalled the Village had some material left over from the bridge construction which she believed could be utilized. Marcia Nielson, 94 Beechwood Trail, stated that during her early morning walks, she observed residents who were not abiding by the water restriction rules and asked if the Village was doing anything to enforce it. Manager Couzzo noted that the Village was aware and would be attempting to educate residents with outgoing messaging. He noted that fines would be imposed on those who disregarded the restrictions. Mayor Paterno added that violators were being cited and would be fined if violations were repeated. COMMUNICATIONS FROM COUNCIL Council Member Turnquest noted his personal experience with a recent occurrence in relationship to the missing children's proclamations and the importance of dialing 911 to assist with proper processing in police matters. Council Member Humpage commented on his experience after attending a recent hurricane storm seminar through Florida Power and Light (FPL) and how impressive their advancements in hurricane preparedness had become. Council Member Brennan shared her recent experience visiting the Fire Hall. She noted how impressed she was with the staffs education, knowledge and appreciation for their positions with Tequesta. Vice Mayor Arena recalled the recent ethics training offered in �llage Hall, the great turnouts at recent Tequesta events and thanked Pastor Paul for all he offered to Tequesta. Mayor Paterno also thanked Pastor Paul; and, voiced his concerns for the future of the Village regarding potential changes with Council Members and department heads and felt a plan should begin in the next budget cycle to prepare for the inevitable occurrences. REGULAR AGENDA OLD BUSINESS 15. Ordinance 11-11, First Readinq, Amending the Village Code of Ordinances at Chapter 2. Administration. By Amending Section 2-61. Pension Trust Funds to Correct a Minutes — Regular Council Meeting 5/12/11 Page 6 Scrivener's Error and to Amend Exhibit A, the General Employees' Pension Trust Fund to Expand Certain Investment Provisions Attorney Keith Davis read Ordinance 11-11 title into the record. Manager Couzzo briefly explained the Ordinance. 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 Tumquest moved approval of Ordinance 11-11; seconded by Council Member Humpage; motion carried unanimously 5-0. 16. Ordinance 6-11, Second Readinq, Amending Chapter 74. Utilities; Water service; Division 2 Rates and Charges by Amending Section 74-74 to Allow for Village Council Discretion in the Implementation of Certain Surcharges —(First Reading April 14, 2011) Attorney Keith Davis read Ordinance 6-11 title into the record. Manager Couzzo explained the Ordinance and how the increase was triggered. 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 Tumquest moved approval of Ordinance 6-91; seconded by Council Member Humpage; motion carried unanimously 5-0. NEW BUSINESS Attorney Davis noted that items 17 & 18 should be addressed together and suggested that, since the items were pulled, Council should motion for postponement of action until June 9, 2011 agenda which would remove the requirement to re-advertise. 17. Variance, CASE # VAR 0�1-11, Application of the Good Shepherd Episcopal Church, 400 Seabrook Road, Tequesta, FL 33469, for a Variance from Code Section 78-705 (28) (b) Required number of parking spaces. The Applicant proposes to construct a 1,997 square foot addition to the existing school which includes two (2) resource rooms and finro (2) offices. Per Code, the proposed addition also requires the provision of an Minutes — Regular Council Meeting 5/12/11 Page 7 additional 6 parking spaces. The Applicant is seeking a variance so that it does not have to provide the required additional parking. 18. Special Exception CASE # SE 01-11, Application of the Good Shepherd Episcopal Church, 400 Seabrook Road, Tequesta, FL 33469, for a Special Exception per Code Section 78-173. R-1 Single—Family Dwelling District (d) Special Exception Uses. The Applicant is requesting modification of a previously approved special exception by constructing a 1,997 square foot addition to the existing school which includes finro (2) resource rooms, two (2) offices, a storage room, a rest room, and mechanical rooms. The application includes a proposed landscape plan. MOTION: Council Member Humpage moved to place items VAR 01-11 and SE 01-11 to the June9, 2011 Agenda; seconded by Council Member Brennan; motion carried unanimously 5-0. Mayor Paterno explained the items postponement to the audience. Tom Goodman, 81 Camelia Circle voiced his concern that residents had to pay the high fees of licensed plumbers to perForm mandated testing and asked if the Village could perform the test. Manager Couzzo responded that the Village did not have a licensed plumber and could not. Mayor Paterno pointed out that the Village had provided a list of qualified plumbers to perform the test but had no control over their charges. Manager Couzzo responded that he would look at options in regards to the issue. 19. Special Exception, CASE # SE 02-11, Application of GMH Tequesta Holdings LLC, 217 Village Boulevard, Tequesta, FL 33469, for a Special Exception use to utilize an existing 118,716 square feet three-story building and adjacent grounds as a Rehabilitation Facility, pursuant to Sec. 78-180. of the Village of Tequesta Code of Ordinances. Attorney Davis noted the procedures of the special exception and the Village Code as it pertained to the application of SE 02-11 and that the Village could deny the special exception if the criteria was not met or Council found the approval was not be in the best interest of public good. He advised that a denial would require the maker of the motion to express the specifics of their denial and would force the applicant from re-applying for a period of twelve months. Attorney Davis swore in all involved with the item as a group. He then asked �ouncil for ex parte communications. Council Member Turnquest stated he had none. Council Member Humpage voiced he had spoken to the applicant. Vice Mayor Arena stated he had thanked the applicant for his attendance at Tequesta events. Council Member Brennan noted she requested an update on the projects progress. Mayor Paterno disclosed he had spoken to the applicant finrice. Attorney Davis noted official acceptance of the staff report from Community Development and the applicant's submission as evidence in the hearing. Minutes — Regular Council Meeting 5/12/11 Page 8 Chief Weinand, Acting Community Development Director explained the three waivers associated with the special exception; sign, fence height requirement and the north fence. Council Member Brennan felt that the fence, belonging to the Village, on the north side of the proposed facility, would be sufficient in the means of fencing as she did not feel two fences accomplished anything. She then suggested the applicant double the landscape on their side, but, kept spacing in mind in regards to maintenance. Council Member Brennan felt the Village should place a wall around the water plant for extra security. Manager Couzzo agreed that double fencing was redundant and the double landscaping would add a buffer. He stated the security at the plant was a separate issue. Mayor Paterno agreed and proposed a five foot space be specified on the plan. Shaun Gallagher, GMH Representative stated they were in agreement with Council's requests regarding elimination of the second fence and the addition of double landscaping. Mr. Parker, Village of Tequesta Landscape Consultant, also agreed that the landscaping would be sufficient if increased and finro fences were unneeded. Manager Couzzo questioned if GMH and Mr. Parker would be in agreement to work together on the landscape design. It was agreed by both parties. Consensus of Council was to grant a waiver on doubling the landscape in lieu of doubling the fencing on the north side. Mayor Paterno clarified the second waiver referenced fence height on the remaining three sides (west, east and south). He noted that the fence heights varied from five foot four inches to six foot and Village code required fence heights to be six feet. He stated to increase the existing fencing would be a considerable cost because of the elaborate design and considered it pointless. Mayor Paterno felt the requested thicker landscaping would block the view of the fence and would be sufficient. Consensus of Council was to grant the waiver regarding the existing fence height to remain as is. Chief Weinand, Acting Community Development Director, explained that the third waiver regarding the size of the existing sign. He noted it was regulated by residential zoning code, but way under the acceptable size for commercial. Mayor Paterno suggested the existing sign was already there and only needed new lettering and supported allowing the waiver. Council Member Humpage mentioned his own investigation on the surrounding signs, and that the sign in question was the smallest of the four monument signs he had measured. He pointed out that all were out of compliance. He suggested the existing sign was more than appropriate and harmonious with the area and offered his approval. Shaun Gallagher clarified that letters would be placed on both sides. Mayor Paterno suggested that a special condition be placed on GMH to be responsible to add landscaping in the case that landscaping did not get approved by the county. He also reported Minutes — Regular Council Meeting 5/12/11 Page 9 that GMH had committed, in writing, to $25,000 towards a LPR (License Plate Recognition) Camera near Old Dixie which the Village would monitor. Consensus of Council was to grant the waiver regarding the monument sign. Mayor Paterno opened fhe hearing to fhe public for comment. fihere being none the public hearing was closed. MOTION: Council Member Brennan moved approval to grant SE 02-11 with the following conditions: Waiver One - allowing the existing north fence to serve as the fence per code requiring the applicant (GMH) to install double landscaping within the required code, and mandating five feet off the existing fence to allow for maintenance; GMH will cooperate with the Village of Tequesta (VOT) landscaping consultant in creating the landscaping; Waiver Two - allow the existing fence to remain at current height however fence will be completely landscaped to the VOT landscape code and approval. Waiver Three; allow the exiting monument sign to be used and code compliant letters be placed on both sides; Special Use Condition One - should approva! from county be denied GMH would be required to landscape and maintain the Dixie Highway right of way; Special Use Condition Two - prohibiting subleasing; seconded by Council Member Humpage; motion carried unanimously 5-0. 20. Ordinance 8-11, First Readinq, Amending the Village Code of Ordinances at Chapter 62 Planning and Development. Article II. Local Planning Agency. By Amending Sec. 62- 32 to Designate the Planning and Zoning Advisory Board as the Local Planning Agency Attorney Keith Davis read Ordinance 8-11 title into the record. Manager Couzzo briefly explained the item. Council Member Humpage voiced his concern with the Planning & Zoning (P&Z) Board denying items. Manager Couuo responded that P8�Z could only make recommendations to Council. Council Member Humpage desired a guarantee that items would fall in a timely manner in order to be heard on the next Council agenda. Chief Weinand, Acting Community Development Director indicated that it was difficult to get agenda packets to Council within a week and suggested moving the P&Z meeting. Manager Couzzo noted that the items that would be seen by the P&Z were not emergency items, therefore; would not be pressing. Attorney Davis pointed out that the majority of items which went through P&Z were Village not applicant initiated. Mayor Paterno suggested strengthening the code as he felt applicants should push for going over and above and not the minimum of the code. Council Member Turnquest pointed out that, that type of change would create higher minimums. Mayor Paterno opened the hearing to the public for comment. There being none the public hearing was closed. Minutes — Regular Council Meeting 5/12/11 Page 10 MOTION: Council Member Tumquest moved approval of Ordinance 8-11; seconded by Council Member Humpage; motion carried unanimously 5-0. 21. Ordinance 9-11, First Readinq, Amending the Village Code of Ordinances at Chapter 22 Community Development. Article II. Division 2. Planning and Zoning Advisory Board. By Amending Sec. 22-53 to Refer to the Planning and Zoning Advisory Board's Duties as the Local Planning Agency Attorney Keith Davis read Ordinance 9-11 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 9-11; seconded by Council Member Tumquest; motion carried unanimously 5-0. 22. Ordinance 5-11, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article VI. Schedule of District Regulations. Sections 78-177 C-2 Community Commercial District Allowing the Maximum Density for ACLF Use in these Zoning Districts to be 12 Units Per Acre Mayor Paterno opened the public hearing. Attorney Keith Davis read Ordinance 5-11 title into the record. Manager Couzzo noted that the item was a companion to Ordinance 9-11 which was previously heard. Council Member Humpage expressed he was fine with changing density but not in favor of the amount. Mayor Paterno opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 5-11 as presented; seconded by Mayor Patemo; motion failed 2-3 with Council Member Brennan, Council Member Humpage and Vice MayorArena dissenting. Minutes — Regular Council Meeting 5/12/11 Page 11 MOTION: Council Member Humpage moved to reconsider Ordinance 5-11; seconded by Council Member Brennan; motion carried unanimously 5-0. Council Member Humpage stated the decline was too dramatic and suggested 18 units per acre. Council Member Brennan concurred with 18 and noted that number would be consistent with the residential allowance. Mayor Paterno asked that the upcoming plans and the fire department be considered. Council Member Humpage responded he had considered the Village's future plans. MOTION: Council Member Humpage moved to change maximum density in Ordinance 5- 11, to 18 units per acre; seconded by Council Member Brennan; motion carried unanimously 5-0. 23. Ordinance 10-11, First Readinq, Amending the Village Code of ardinances at �hapter 76. Waterway Control. By Amending Section 76-5 to Clarify that Mooring Regulations Apply to Live Aboard Vessels Only; and by Amending Section 76-20 to Reference State Law Regarding the Imposition of Penalties for Violations of the Tequesta Drive Bridge Boating Restricted Area Attorney Davis read Ordinance 10-11 title into the record and offered a brief interpretation. 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 Tumquest moved approval of Ordinance 10-11; seconded by Council Member Brennan; motion carried unanimously 5-0. 24. Annual Council Boards and Committee Appointments and Reappointments Clerk McWilliams explained the item. Mayor Paterno asked that Pat Watkins be queried regarding interest in the Historical Committee position. MOTION: Council Member Humpage moved approval of item 24; seconded by Council Member Turnquest; motion carried unanimously 5-0. 25. Ordinance 7-11, First Readinq, Amending the Village Code of Ordinances at Chapter 1 General Provisions by Repealing Sections 1-3. Catchlines of Sections and 1-4 References to Chapters or Sections and Combining the Two Former Sections 1-3 and 1-4 as Sec. 1-4; and Adopting an Entirely New Sec 1-3 to be Entitled "Definitions for Evaluation of Palm Beach County Inspection General Reports" Minutes — Regular Council Meeting 5/12/11 Page 12 Attorney Davis read Ordinance 7-11 title into the record and offered a brief explanation. He noted the Inspector General's Ordinance did not contain definitions therefore; the Village desired to identify definitions for their own objective. 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 7-11; seconded by Council Member Turnquest; motion carried unanimously 5-0. 26. Resolution 10-11, Appropriating Fund Balance and Increasing the General Fund 2010- 2011 Budget by an Amount Not to Exceed $34,400.00 and Providing Additional Funding for a Separation Payout to James Weinand, Fire Chief, in Accordance with the Current Personnel Policies Attorney Davis read Resolution 10-11 title into the record. Manager Couzzo noted fhat Chief Weinand would be hired back under contract after his retirement and noted that Resolution 10-11 was the payout he was entitled to under current policies. Council Member Turnquest questioned if this issue would be recurring with the upcoming Police Chiefs retirement. Manager Couzzo responded that all employees would have some type of pay out upon their departure, depending on the circumstance and their accumulated time. He explained why this type of unfunded liability payout was not budgeted. Mayor Paterno opened the hearing to the public for comments; there being none the public hearing was closed. MOTION: Council Member Humpage moved approval of Resolution 10-11; seconded by Council Member Tumquest; motion carried unanimously 5-0. 27. Council Discussion on Setting Budget Strategy Session Workshop and September Hearing Dates Attorney Davis noted important dates affecting the scheduling of the upcoming budget workshops. Council agreed to hold a workshop on Thursday June 16, 2011 at 8:30 a.m. and the first Budget Session September 6, 2011 after five p.m. STANDING REPORTS • VillaQe Attornev Minutes — Regular Council Meeting 5/12/11 Page 13 Attorney Davis noted coordination with the police department regarding water way marker signs which had been approved and manufactured and were ready to be posted. He expressed there were many changes in the Legislature which would affect the Village, and pointed out several modifications and changes regarding pain clinics and pill mills, no longer acceptable to regulate vacation rentals, business tax code, and inspection codes. Council Member Brennan questioned the rental regulation. Attorney Davis confirmed that private associations were not affected. • Villaqe Manaqer None ANY OTHER MATTERS Council Member Humpage offered results from his research regarding the interest rates of local banks. He felt the Village could do better by moving funds out of Bank of America, and suggested they consider distributing to other local banks. He also requested the Village consider leasing the lot at Fiesta and Tequesta Drive. Council Member Turnquest stated a limit should be placed on the amount ofi proclamations at meetings. Mayor Paterno suggested eliminating them altogether; Attorney Davis offered to speed read proclamations at future meetings. Mayor Paterno felt a workshop should be held to look at the Village code as he felt it should be updated regarding management of lawns and residents responsibilities. ADJOURNMENT: Council Member Humpage moved to adjoum the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5-0; therefore the meeting was adjoumed at 8:54 p,m. RespectFully submitted, 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.