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HomeMy WebLinkAboutMinutes_Regular_06/09/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES JUNE 9, 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 Assistant Deanna Mayo. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Jim Humpage and Council Member Calvin Tumquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Keith Davis, Assistant to the Clerk Deanna Mayo and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA Mayor Paterno asked that items 11, 12 & 13 be moved and discussed after communications from council. MOTION: Council Member Humpage moved approval of the agenda with items 11, 12 and 13 being heard earlier in the agenda, seconded by Council Member Tumquest; motion carried unanimously 5 -0. PRESENTATIONS 1. Recognition of Ed Sabin for his long time service to the Public Safety Employee Pension Board Mayor Paterno offered words of appreciation and a certificate to Mr. Edward Sabin for his years of service and expertise regarding the Public Safety Pension Board. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Tumquest; motion carried unanimously 5 -0. 2. MINUTES: 5/12/11 LPA; 5/12/11 Workshop; 5/12/11 Regular 3. Proclamation Designating June 19 — 25, 2011 as Amateur Radio Week in the Village of Tequesta 4. Approval of Contracts Signed by Manager under $25,000 Minutes — Regular Council Meeting 6/9/11 Page 2 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Bill Watkins, 167 River Drive, voiced his concern with the poorly advertised and confusingly constructed intersection in the Country Club. Buzz Woodwell, 72 River Drive, expressed his concerns with the new intersection and felt it was an eyesore. Cindy and Barney Baldwin, 164 River Drive, Cindy noted that the intersection change had been problematic and that there was not a problem previously. Barney felt the change could cause additional problems by increasing traffic on surrounding roads as people attempted to avoid the troubled intersection. He believed the preceding yield sign was adequate for the location. Mayor Paterno agreed that the alterations were a poor solution. He stated that options were being investigated. COMMUNICATIONS FROM COUNCIL Council Member Humpage commented on the Memorial Day event and thanked Mayor Paterno for an excellent job while speaking as a representative of the Village at the event. He also thanked the American Legion for the offer of a yearly scholarship designed for the children of public safety officers. Council Member Brennan voiced her opinion on the Country Club's unpopular intersection alteration and suggested that a sign be placed at the location with contact information and progress updates to keep residents informed. Manager Couzzo granted the request as a reasonable accommodation. Vice Mayor Arena thanked all persons for attending and speaking at the evenings meeting and noted the success of recent Village events. Mayor Paterno commended the finance department on their knowledge, efforts and success and congratulated them for earning their distinguished budget award from the Government Finance Officers Association (GFOA). He noted that only two percent of applicants were awarded the honor. REGULAR AGENDA Minutes — Regular Council Meeting 6/9/11 Page 3 NEW BUSINESS 11. Consideration and Approval of Three (3) Year Agreement with PBA (10/1110 — 9/30/2013) Attorney Keith Davis explained the item. MOTION: Council Member Humpage moved approval; seconded by Council Member Brennan. Mayor Paterno opened the public hearing to Council for comments. Mayor Paterno congratulated all involved on their undivided attention regarding the Police Benevolent Association (PBA) contract agreement. Council Member Turnquest commended all involved with the success and cooperation of the contract negotiations and compared the Village's negotiations against others that appeared to have difficulties Council Member Humpage applauded the group on their unselfish dialogue and collaboration. Council Member Brennan noted her attendance in part of the negotiations and how her view was that of great teamwork. Vice Mayor Arena agreed with all the Council's comments and offered his word's of appreciation. Mayor Paterno noted details of the agreement. Sgt. David Cooper, Police Benevolent Representative, voiced his appreciation on the collective efforts amid the Village and the PBA. Manager Couzzo pointed out the history regarding the relationship between the PBA and the Village and the savings associated with the changes. He then thanked the PBA for their cooperation and the conclusion. VOTE: Approval of the PBA agreement motion carried unanimously 5 -0. Minutes — Regular Council Meeting 6/9/11 Page 4 12. Variance, CASE # VAR 01 -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 two (2) offices. Per Code, the proposed addition also requires the provision of an additional 6 parking spaces. The Applicant is seeking a variance so that it does not have to provide the required additional parking. (Postponed by applicant in May) Attorney Keith Davis offered back ground information on items 12 & 13 and swore in witnesses. He then asked Council for ex -parte communication regarding either item. Their responses were as follows: • Council Member Turnquest — none • Council Member Humpage — met with representatives from the school at the Village and spoke with Mary Hinton • Council Member Brennan — spoke with Mary Hinton briefly • Vice Mayor Arena — spoke to Mary Hinton, visited the site and spoke to the school principal • Mayor Paterno — spoke to residents in reference to the item, but no representatives he was aware of James Weinand, Community Development Director, offered a short explanation regarding the variance. Jim Stergas, Architect, noted their goal for the variance and stated that the elementary school would be an asset to the Village. Mr. Stergas advised that there would be no students or staff being added in this endeavor. He stated that the church would cooperate with necessary changes in student pick up times in order to accommodate any issues that may arise with traffic overflow. He also proposed supplementing the existing vegetation to bring it up to code. Council Member Brennan felt an unnecessary hardship needed to be addressed. Mr. Stergas responded that the property did not have the physical space to adhere to code requirements designed for the parking allowance. Attorney Davis offered regulations regarding the hardship rule and noted that the applicant needed to show how the additional parking spots would cause them hardship. Council Member Turnquest asked if refusal of this item would keep them from building their addition. Attorney Davis responded yes. Mary Hinton, 12 Oakland Court, pointed out that the property was somewhat land locked and additional land was not available in order to offer adherence to Village code. Ms. Hinton added that the children needed the science program to keep up with the times. Minutes — Regular Council Meeting 619/11 Page 5 Manager Couzzo explained that Council was not bound by pre- existing literal interpretations and they can interpret the law as for the good of the Village. Christine Vanderwesthuizen, 113B Lighthouse Circle and Good Shepherd Representative, stated that the school intended to remain a small nurturing school and that education was very competitive. She felt it made little sense to have additional parking spaces which would most likely be unused during school hours as a priority over the educational needs of children. Council Member Humpage offered background on the applicant's past variances and present parking and noted that he had actually spent time in their parking area counting cars and stated that the north parking lot was never more than half full. He added that it would be a hard ship if they were denied this variance for the sake of eight parking spaces. Council Member Brennan thanked Council Member Humpage for his efforts and supplying the information. She then expressed her support for the educational program. Vice Mayor Arena clarified his support and thanked the Good Shepard for the long term relationship and assistance received from them for Village events. Mayor Paterno voiced his concern regarding student overcrowding and the applicants returning for another variance; otherwise he supported the variance. MOTION: Council Member Humpage moved approval of VAR 01 -11; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 13. 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 two (2) resource rooms, two (2) offices, a storage room, a rest room, and mechanical rooms. The application includes a proposed landscape plan. (Postponed by applicant in May) Attorney Davis explained the special exception. Council Member Humpage offered conditions he believed should be added to the special exception. Number one - that a three tier release be added in the event that the traffic became troublesome. Number two - that the addition of shrubbery / landscaping be placed in writing along with irrigation. Number three - that an annual count of enrolled students and number of faculty (no names) be supplied to the Village. Minutes — Regular Council Meeting 6/9/11 Page 6 Mayor Paterno inquired on the number of students the facility was allowed by State licensing and asked if the school would agree to lower that number as a condition. Ms. Vanderwesthuizen responded that the school adhered to the number of students allowed in each class and offered class sizes which would not enable them to exceed the number. Council Member Humpage suggested leaving the number as is since it was a State mandated figure. Mayor Paterno noted the motion would include the conditions. ^IIS 1 MOTION: Council Member Humpage moved approval of SE 01 -11 with the conditions added; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. Council recessed for a brief two minutes. OLD BUSINESS 5. Ordinance 11 -11, Second Reading, Amending the Village Code of Ordinances at Chapter 2. Administration. By Amending Sec. 2 -61. Pension Trust Funds to Correct a 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. MOTION: Council Member Humpage moved approval of Ordinance 11 -11; seconded by Council Member Brennan. Mayor Paterno opened the public hearing to Council and the public for comments, there being none, the public hearing was closed. VOTE: motion carried unanimously 5 -0. 6. Ordinance 8 -11, Second Reading, 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. MOTION: Council Member Humpage moved approval of Ordinance 8 -11, seconded by Council Member Turnquest. Minutes — Regular Council Meeting 6/9/11 Page 7 Mayor Paterno opened the public hearing to Council and the public for comments, there being none, the public hearing was closed. VOTE: motion carried unanimously 5 -0. 7. Ordinance 9 -11, Second Reading, 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 and the public for comments, there being none, the public hearing was closed. MOTION: Council Member Tumquest moved approval of Ordinance 9 -11; seconded by Council Member Brennan, motion carried unanimously 5 -0. 8. Ordinance 5 -11, Second Reading 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 18 Units Per Acre Attorney Keith Davis read Ordinance 5 -11 title into the record. Mayor Paterno corrected the backup which had incorrectly quoted 12 Units. MOTION: Council Member Humpage moved approval of Ordinance 5 -11 with the maximum density of 18 units, seconded by Council Member Tumquest. 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. VOTE: motion carried unanimously 5 -0. 9. Ordinance 10 -11, Second Reading, Amending the Village Code of Ordinances at Chapter 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 Minutes — Regular Council Meeting 6/9/11 Page 8 Reference State Law Regarding the Imposition of Penalties for Violations of the Tequesta Drive Bridge Boating Restricted Area Attorney Keith Davis read Ordinance 10 -11 title into the record. MOTION: Council Member Humpage moved approval; seconded by Council Member Brennan. Mayor Paterno voiced his concern with events in the river regarding boats being anchored off and left for people to attend local weekend events. Attorney Davis noted that no municipality could impose an ordinance or regulation other than live aboard vessels. He stated that a pilot program allowing regulations such as this may be implemented July of this year and he would update Council once the details were clear. Mayor Paterno questioned 76 -513 the "or watercraft" mentioned and if it should be removed, and added that he preferred it stay. Attorney Davis said he could strike the wording for added clarity. Mayor Paterno opened the public hearing to the public for comments, there being none, the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 10 -11 to include striking the words `or watercraft" in section 76 -58; seconded by Council Member Brennan; motion carried unanimously 5 -0. 10. Ordinance 7 -11, Second Reading, 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" Attorney Keith Davis read Ordinance 7 -11 title into the record and offered back ground regarding the item. 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 Brennan; motion carried unanimously 5 -0. NEW BUSINESS cont. Minutes — Regular Council Meeting 6/9/11 Page 9- 14. Council Appointment of Florida League of Cities Voting Delegate Manager Couzzo explained the item. MOTION: Council Member Humpage nominated Council Member Turnquest, seconded by Vice Mayor Arena; motion carried unanimously 5 -0. STANDING REPORTS Village Attorney None Villaae Manager Manager Couzzo noted a previously received request from the County asking for support to assist in funding their well field's office (Council denied original request). He explained that the County had re- worked and re- presented the original figures. Council Member Humpage felt they should implement the cost into their own permitting process to raise the funds. Council responded that they would deliberate and let the Village Manager know if they were interested. Manager Couzzo noted details of his first meeting with the Inspector General's Budget Delegation Group and his concerns with the seemingly large increase to the original estimated budget figure. He explained the Villages budget strategy and, that revenues were down, some expenses were up but, there was a positive of four dollars. He suggested Council think about taxes, village projects etc. for the next three years to assist with a good plan to adjust with economic changes (positive or negative) which could be offered to residents. Manager Couzzo noted the Village had begun a state wide search for a police chief since the interim chief would be moving back to his captain position. He pointed out that the cost of hiring a chief had not been figured into the budget. ANY OTHER MATTERS Council Member Humpage inquired on the plans moving forward with the El Portal Drive intersection issue. Mayor Paterno explained that the Homeowner Association (HOA) President had voiced appreciation for safety and agreed that a change needed to be made. Mayor Paterno explained an Island was being contemplated and the HOA had asked that the Village be responsible to build the island including electric and water and that the HOA would maintain it from that point forward. Minutes — Regular Council Meeting 6/9/11 Page 10 Mayor Paterno expressed his desire to initiate a program in which the Village worked with different parts of the community including HOA's, residents, foreclosures & neighborhoods to improve properties in need for improvement. Manager Couzzo shared an evolving rendition for the El Portal Drive intersection and noted that a finalized version would be available for Council in the next couple days and that the Village would be working with the HOA on the project. Council Member Brennan asks if the intersection would offer two lanes on the traffic pattern. Manager Couzzo responded yes and reassured that signage for resident awareness would be placed with contact information and updates. Manager Couzzo offered an update on the 479 Seabrook property. Marcia Nielson, 94 Beechwood Trail, asked if a dog park would be added. Manager Couzzo responded that it would not and that the dog park was planned to be done at Tequesta Park. He stated the Seabrook Park was meant to be a passive park and would put the Village over their green space for the first time in many years. Mayor Paterno reiterated that the Village would benefit from an improvement assistance program and asked that Council Members contact the Manager with their thoughts and ideas and noted his desire to bring back the item for discussion at the next meeting. Manager Couzzo restated that he would visit the engineer's office regarding the El Portal Drive intersection and have a drawing available the first of next week. Council Member Humpage suggested placing a drawing on a board for open viewing and opinions. Mayor Paterno stated the feedback he had heard was more positive than negative. Council Member Humpage suggested offering a date the rendering would be available for viewing on a message board. Manager Couzzo agreed. Mayor Paterno noted the size of the property. Vice Mayor Arena questioned the landscaping. Mayor Paterno pointed out that the Tequesta Country Club Board would be paying for, placing and maintaining their preferred landscaping at the site. Manager Couzzo recapped the upcoming chain of events stating that the island would be curved and the landscaping would be approved by the Village. ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 7:55 p.m. Respectfully submitted, Deanna Mayo 0 Assistant to the Village Clerk Minutes — Regular Council Meeting 6/9/11 Page 11 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.