Loading...
HomeMy WebLinkAboutMinutes_Regular_09/08/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES SEPTEMBER 8, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Vice Mayor Vince Arena at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Vice Mayor Vince Arena, Council Member Abby Brennan and Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr. and Attorney Keith Davis. Mayor Tom Paterno was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Brennan provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Turnquest moved approval of the agenda; seconded by Council Member Humpage; motion carried unanimously 4 -0. Council Member Humpage asked that the new park be added under any other Matters. Council Member Turnquest stated he would speak under any other matters. Council Member Brennan asked that item three be pulled for discussion. Manager Couzzo noted that Council Member Brennan pointed out a inconsistency on the Villages internet policy in item five which should be corrected to read "employees and other authorized users ". MOTION: Council Member Turnquest moved approval of the agenda with his own request to speak under any other matters, the addition of the new park added under any other matters by Council Member Humpage, item three to be pulled per Council Member Brennan and the appeal of Manager Couzzo to change the Village's internet policy (item five), (for consistency) to read employees and other authorized users, seconded by Council Member Humpage; motion carried unanimously 4 -0. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda with item three removed; seconded by Council Member Brennan; motion carried unanimously 4 -0. 1. MINUTES: 6/16/11 Workshop, 8/11/11 Special, and 8/11/11 Regular 2. Approval of FY 2010/2011 Budget Amendments Minutes — Regular Council Meeting 9/8/11 Page 2 4. Renewal of the Employee Assistance Program Agreement with the Center for Family Services of Palm Beach County, Inc. for FY 2011/2012 5. Council Approval of Revision of Personnel Policies: Equal Employment Opportunity, Village Holidays, On- the -Job Injury, Leave of Absence and Email and Internet Use 6. Resolution 22 -11, Adopting a Revised Schedule of Fees and Charges for the Provision of Water Services Rendered by the Village of Tequesta for its Citizens and Other Members of the Public; Repealing Resolution Mo. 31 -10 END OF CONSENT AGENDA 3. Council Approval to Co- Sponsor Tequesta Fire Outreach Project Chili Cook -Off and Beer Tasting Event to Raise Funds for Honor Flight (75 %) and Friends of Public Safety (25 %) on November 12, 2011 from 2:00 p.m. — 6:00 p.m. outside Tequesta Brewing Company Council Member Brennan supported the sponsored event and voiced concerns from the firefighters regarding transporting of equipment, cleaning responsibilities and, if on or off duty firefighters would be tasked with responsibilities. Fire Chief Weinand responded that the on duty crew would do set up and break down along with a rescue crew in attendance for safety. Council Member Brennan felt Council should be kept up to date and aligned with the Inspector General's expectations on ethical matter relating to the event and staffing. MOTION: Council Member Humpage moved approval of item 3, seconded by Council Member Tumquest, motion carried unanimously 4 -0. COMMUNICATIONS FROM CITIZENS Pastor Paul Beresford, First Baptist Church, noted that Council Member Humpage and the Village would hold a special 911 remembrance on Sunday at 8:00 a.m. and that a video of a 911 experience would be shown at Sunday's service. COMMUNICATIONS FROM COUNCIL Council Member Humpage noted the 911 event which would be held Sunday morning and if residents so desired chairs they would need to bring them. Minutes — Regular Council Meeting 9/8/11 Page 3 Council Member Brennan referenced the Village code regarding home demolition, new home height, elevation restrictions and drainage problems from the new restrictions. She asked that the Village Attorney research options. Consensus of Council was to have the Village Attorney research the issue. Council Member Brennan asked that Officer Robert Worcester be invited to offer a short presentation regarding the Citizen on Patrol volunteer program as she felt that increasing the membership would be beneficial to the Village. Consensus of Council was to have Officer Worcester present at the next meeting. Vice Mayor Arena referenced the Solid Waste Authority (SWA) and revenues received by the Village of $30,500.78 from the efforts of the residents since the program began in 2010. He noted the terrific job that Public Safety offered at bus stops assisting with safety measures for children starting back to school and how the Village offered so many different little things which were what made it such a great place. Vice Mayor Arena commended the Police Department for their recent efforts during an active arrest period. REGULAR AGENDA OLD BUSINESS 7. SPR 4 -11, Site Plan Review, Site Plan Review to construct a 1,997sq. ft. addition to the existing Good Shepherd Episcopal school. The application includes a proposed landscape plan. The address of the proposed site is plan is 400 Seabrook Road, Tequesta, FL 33469 Attorney Davis announced the item was quasi - judicial and swore in 5 witnesses and asked Council for any Exparte Communications. • Council Member Turnquest had none • Council Member Humpage communicated with the applicants • Vice Mayor Arena communicated with the applicants • Council Member Brennan had none Chief Weinand, Acting Director of Community Development explained that information was provided in tonight's agenda regarding the item. Council Member Humpage asked for a sketch to give a better visual than what had been provided. Manager Couzzo asked Chief Weinand to provide copies for Council once available. Minutes — Regular Council Meeting 9/8/11 Page 4 Vice Mayor Arena inquired about an existing wall and its removal. Chief Weinand responded that there was a previous need for the wall which no longer existed and he had no input from residents opposing the removal. Vice Mayor Arena questioned potential issues regarding the Village's request for vegetation and the affects during potential watering restrictions on the applicant. Jim Stergas, Architect, explained that the design stayed within the requirements of the Village Code and utilized drought tolerant vegetation. MOTION: Council Member Tumquest moved approval; seconded by Council Member Brennan; motion carried unanimously 4 -0. 8. Ordinance 13 -11, Second Reading, Amending the Village Code of Ordinances at Chapter 54. Offenses. By Repealing all Local Regulation of Firearms and Ammunition as Set Forth in Sec. 54-4 — (First Reading 8/11 /11) Attorney Davis read the Ordinance title into the record. Council Member Brennan voiced that she had no issue with the Ordinance but, her issue was with the lack of gun control. She asked that Council consider supporting the appeal which the Police Chiefs Association of Florida and the PBA (Police Benevolent Association) would petition. Council Member Tumquest expressed concern but understood that the Bill must be permitted since refusal could result in removal of Council Members from their seats. Attorney Davis clarified that was a potential penalty dictated under State Law and added that Council could state through resolution formal action opposing the Bill and forward it to legislature. Consensus of Council was to send letter of opposition regarding Ordinance 13 -11. Vice Mayor Arena opened the public hearing to the public for comment. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 13 -11; seconded by Council Member Brennan; motion carried unanimously 4 -0. 9. Ordinance 14 -11, Second Reading, Amending Exhibit "B" of Section 2 -30 of the Code of Ordinances Village of Tequesta Relating to the Employees Pension Trust Funds; Implementing the Terms of the PBA Collective Bargaining Agreement Opting Out of the Chapter 185 Money; Closing the Plan to New Police Officers Hired on or After October 1, 2011; Clarifying a Retired Members Ability to Change Joint Annuitants Under Florida Statutes §175.333 and §185.341; Clarifying the Other Amount of Distributions Under the Optional Forms of Benefits Attorney Davis read Ordinance 14 -11 title into the record. Vice Mayor Arena 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. Minutes — Regular Council Meeting 9/8/11 Page 5 MOTION: Council Member Turnquest moved approval; seconded by Council Member Brennan; motion carried unanimously 4 -0. NEW BUSINESS 10. SE 03 -11, Special Exception, Application of Poe Poe's Precinct, Inc., d /b /a Clown Town, 668 N. US Highway 1, Countyline Plaza 582 -716 US Highway 1, Tequesta, FL 33469, for a Special Exception Use of "indoor amusements" for recreational use pursuant to Sec. 78- 177 (d) (6) of the Village of Tequesta Code of Ordinances Attorney Davis noted the item was quasi-judicial and swore in 5 witnesses. He asked Council for any exparte communications. • Council Member Turnquest had none • Council Member Humpage communicated with the applicants and residents • Council Member Brennan communicated with Officer Velez, the applicant • Vice Mayor Arena spoke with the applicants, residents and visited the premises Chief Weinand noted the various procedures regarding the Special Exception. Derick Velez, applicant explained that the Poe Poe's Precinct's goals were to provide a safe, affordable place for children to gather, ages 7 -18; to listen to professionals offer positive information and a place to play games and sports to keep kids off the streets. He stated that it would be a membership oriented facility teaching responsibility and good values and offered details of some of the procedures he would be implementing. Ashley Velez stated that the children get into trouble with nothing to do and that would offer much to end boredom. She noted some of the classes that would be offered along with monthly events to assist with not only fun but education. Council Member Turnquest commented that some of the activities would require approval from the State and suggested they check on that. Council Member Humpage recalled gaining relationships with children when he and his wife were on the police force in the 1970's and what a positive environment that built. He expressed his support for what he believed would be optimistic for the Village. Council Member Brennan voiced her concerns with blending seven year old children with 18 year olds and questioned the hours of operation. Ashley Velez responded that they would monitor the kids and assess the group as the clientele grew and that volunteers were waiting to assist and noted that the club would close at 10:00 p.m. Council Member Brennan asked if a business plan or policies and procedures were in place. Mr. Velez responded that they did not have a formal Minutes — Regular Council Meeting 9/8/11 Page 6 plan on paper but had developed all their forms. Council Member Turnquest suggested they proceeded with putting together a business plan which would assist with their success. David Green, Palm Beach Youth Court volunteer stated that boredom was one of the main problems for juveniles and troubles. He expressed his support for Poe Poe's Precinct. Vice Mayor Arena applauded the efforts of Derick and Ashley and thanked them for all they had done for the Village. MOTION: Council Member Turnquest moved approval of SE 03 -11; seconded by Council Member Humpage; motion carried unanimously 4 -0. 11. Resolution 23 -11, Increasing Revenues and Expenditures in the FY 2010/2011 General Fund Budget in the Amount of $52.451.00 as a Result of Increased Development Activity Attorney Davis read item 11. Manager Couzzo offered a brief explanation noting that revenues in Community Development had increased approximately 30 %. Chief Weinand, Acting Community Development Director explained the request was to assist with the increased activity in the department to balance out the books. Vice Mayor Arena 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 Resolution 23 -11; seconded by Council Member Brennan; motion carried unanimously 4 -0. 12. Ordinance 15 -11, First Reading, Amending the Village Code of Ordinances at Chapter 26. Emergency Services. At Article II. Alarms. At Division I. Generally. By Amending Section 26 -35 to Modify the Number of Excessive Class B Alarms within One Year from Five Alarms to Three Alarms, and to Revise and Update Outdated Language Attorney Davis read Ordinance 15 -11 title into the record. Police Chief Pitocchelli explained the purpose of this ordinance was to reduce the number of allowed false alarms within one year from five to three and clean up the language. The fee schedule would remain the same. Vice Mayor Arena 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. Minutes — Regular Council Meeting 9/8/11 Page 7 MOTION: Council Member Brennan moved approval of Ordinance 15 -11; seconded by Council Member Tumquest; motion carried unanimously 4 -0. 13. Ordinance 16 -11, First Reading, Amending the Village Code of Ordinances at Chapter 62. Planning and Development. Article IV. Adequate Facilities and Concurrency Management. Division 1. Generally. By Amending Subsection (3) of Section 62 -92. Level of Service Standards. To Correct the Stated Public Drainage Facilities Level of Service Standard From a Three -year Frequency Storm Event to a Twenty -five Year Frequency Storm Event in Conformance with the Village's Comprehensive Plan Attorney Davis read Ordinance 16 -11 title into the record. He explained that this ordinance and ordinance 17 -11 were both housekeeping, changing language for uniformity. Vice Mayor Arena 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 16 -11; seconded by Council Member Tumquest; motion carried unanimously 4 -0. 14. Ordinance 17 -11, First Reading, Amending the Village Code of Ordinances at Chapter 66. Subdivisions. Article v. Design Standards. Division 1. Generally. By Amending Subsection (g)(3) of Section 66 -161. General Standards; Level of Service Standards. To Correct the Stated Public Drainage Facilities Level of Service Standard from a Three -year Frequency Storm Event to a Twenty -five Year Frequency Storm Event in Conformance with the Village's Comprehensive Plan. Attorney Davis read Ordinance 17 -11 title into the record. Vice Mayor Arena 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 Ordinance 17 -11; seconded by Council Member Tumquest; motion carried unanimously 4 -0. STANDING REPORTS • Village Attorney Attorney Davis reported a forfeiture case in the Police Department had been settled without having to file a lawsuit. • Village Manager Minutes — Regular Council Meeting 9/8/11 Page 8 Village Manager Couzzo observed this was the last regularly scheduled meeting in this fiscal year and thanked everyone for their continued support. ANY OTHER MATTERS Council Member Turnquest requested Council's consent to pursue the purchase of Paradise Park, which he felt could be obtained at a reasonable price. Consensus of Council agreed that Council Member Turnquest could pursue the purchase of Paradise Park. Council Member Turnquest asked that a presentation by a Stuart company to enhance the Seabrook Road property with a greenhouse to grow fresh vegetables be heard by Council. Consensus of Council agreed to the presentation during the October meeting. Council Member Humpage requested discussion on a name selection for the Seabrook Road property. He suggested the name Veteran's Park. Vice Mayor Arena suggested a giant chess board and commented that Independence Park had been suggested previously as a park name. The Village Manager provided an update on the status of the park; suggested it could be a learning center with stations and educational pieces relating to veterans; and commented the park could recognize all veterans deceased, alive and currently serving. Council Member Humpage commented that a quiet, passive park was needed for older residents. He also asked that a letter be sent to remind the Loxahatchee Guild about the train station. Village Manager Couzzo reported the benefits of traffic cameras and noted recent arrest when the cameras added accuracy to assist the case to be indisputable. Vice Mayor Arena noted a suggestion regarding implementation of an integrated supplemental rain water harvesting system and asked Council to allow the idea to be presented. Manager Couzzo believed it could be beneficial and noted current events which referenced water conservation. Council Member Humpage voiced his understanding of the extreme expense associated with the venture. Vice Mayor Arena advised that Chief Weinand (Acting Community Development Director) had disclosed that businesses had been turned down they did not fall under the proper Village zoning. He asked that a program be presented to assist and encourage incoming businesses. Council Member Humpage agreed that the 1977 Code should be updated. Chief Weinand advised that he had sent language to the Village Attorney regarding a preliminary review to be built into the code. Minutes — Regular Council Meeting 9/8/11 Page 9 Manager Couzzo commented that staff could submit an applicant's intentions for Council's response or non - committal opinion. Manager Couzzo mentioned Chief Pitocchelli celebrated two months of being Chief and he had done a great job. Vice Mayor Arena thanked residents for their attendance. ADJOURNMENT Council Member Turnquest moved to adjourn the meeting; seconded by Council Member Brennan. The motion to adjourn carried unanimously 4 -0; therefore the meeting was adjourned at 7:38 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.