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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_11/10/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES OCTOBER 13, 2011 CALL TO ORDER AND ROLL CALL The meeting was cailed to order by Mayor Tom Paterno at 6:01 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 Jim Humpage and Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr. and Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Humpage began the meeting with prayer and the pledge of allegiance. APPROVAL OF AGENDA MOT10N: Council Member Tumquest moved approvaf of the agenda; seconded by Council Member Brennan. Council Member Humpage noted that he would speak under any other matters. Mayor Paterno stated that he may have an item for discussion and asked to pull item 11. Council Member Turnquest expressed his desire to speak under any other matters. VOTE: With items added for discussion and item 11 pulled the motion carried unanimously 5-0. PRESENTATIONS 1. Presentation and Possible Council Action on Relocation of Old Train Depot from Seabrook Property Park Mayor Paterno noted Jupiter's interest in moving the Train Station Depot buifding currently located on the Village's Seabrook Road property. Mary Therese-Delate, Loxahatchee Guild representative thanked the staff of the Viflage for their support in working with the Loxahatchee Guild on the venture. Jupiter Mayor Galonka provided a time line and explained that an analysis was required before the move which would back up the intended move date to January 2012. Manager Couuo voiced that the building did not detour any of the Villages plans at the site. Council Member Humpage noted the building was an important historical value and time should be allowed to complete whatever was needed for the move. Consensus of Council was to wait for the Train Station to be moved in late January. Minutes — Regular Councii Meeting 10/13/11 Page 2 4. Presentation of Police Department's Citizen on Patrol Program Officer Worcester noted facts and statistics associated with the COP (Citizens on Patrol) program and pointed out the volunteers were a diverse group. Officer Worcester explained the CERT program (Community Emergency Response Team) offered training for all involved members to increase response times in emergency situations. He stated that the programs were in need of funding and offered a list of items needed. Vice Mayor Arena thanked Officer Worcester for his efforts and pointed out that volunteers had saved the Village over $325,000. He suggested the groups work with Parks and Recreation to coordinate fund raisers. 3. POSTPONED TO NOVEMBER - Presentation of Council Historical Name Plaques 2. Presentation on Vertical Aeroponic Gardening Systems for a Greenhouse at the Seabrook Properiy Park Consensus of Council was to defer the presentation until the presentation arrived (presenter did not arrive by the end of the meeting). CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consenf Agenda; seconded by Council Member Tumquest; motion carried unanimously 5-0. 5. MINUTES: 9/1/11 Workshop, 9/6/11 Special Budget, 9/8/11 Regular, 9/15/11 Special Budget, and 9/15/11 Special; 7/14/11 Scriveners Error Correction 6. Council Approval to Hold the Annual Jupiter Tequesta Athletic Association (JTAA) Holiday Parade on December 11, 2011 7. Council Approval of Acquisition of Smart Cop Records Management / CAD / Mobile Software Suite 8. Approval of Services from Island Time Productions for Annual Tequesta Festival to Provide Rides, Games and Food at the Village's Annual Tequesta Festival on Saturday, November 19, 2011 Minutes -- Regu{ar Council Meeting 10/13/11 Page 3 9. Resolution 25-11, Council approvai to Surplus Outdated Firefighter Protective Gear and Approve Donating it to the Commonwealth of Dominica 12. Approval of FY 2010/2011 Budget Amendments END OF CONSENT AGENDA 10. Council Appointment of Bob Jacks to the Village of Tequesta History Committee (Mayor Tom Paterno's appointment) — Filing Remainder of Unexpired Term - Term Expires 5/9/13 Mayor Paterno thanked Mr. Bob Jacks for a{{ his vo{unteerism and welcomed him on to Tequesta's History Committee. Clerk McWilliams advised that Mr. Jacks would bring much knowledge to the Committee and noted his relationship with former Charter Member Alice Klimas. 11. Per Village Ordinance we are Presenting: Xerox WorkCentre 7500 Printer 36 Month Lease Agreement-Public Works; Molly's Trolleys Hourly Rate Contract for Harvest Fest; Engenuity Group GIS Services Proposal, VOT & FDOT Landscape Maintenance Commitment, SimplexGrinnell Proposal and Service Agreement to repair Village Hall fire system main drain, VOT & Mainline Supply of Florida, LLC Senrices Agreement for Water Meters and Meter Reading Supplies and Florida Highway Safety and Motor Vehicles Memorandum of Understanding Drivers License and/or Motor Vehicle Record Data Exchange Mayor Paterno reported that he was not thrilled with the FDOT Landscape Maintenance Commitment because of the additional work it would impose on the Village over and above their already full schedule. Manager Couuo explained that the agreement was a{�reliminary agreement which would change and come back before Council for final review. He believed it would be beneficial to the Village and would not be a large amount of added maintenance. Attorney Davis offered clarification on the item. Council Member Turnquest questioned why Martin County and Jupiter Island refused to commit. Manager Couzzo responded that he believed it was budgetary concerns and confirmed that the additional work was also a concern for Tequesta but, he felt the improvement to the area would be satisfactory for the efforts. Council Member Turnquest thought it may behoove the Village to keep a healthy relationship with the State by confiributing to the agreement. Manager Couzzo mentioned the Village could benefit firom grant monies from this project as well. MOTION: Council Member Tumquest moved approval of ltem 11; seconded by Vice Mayor Arena; motion carried unanimously 5-0. Minutes — Regular Council Meeting 10/13/11 Page 4 COMMUNICATIONS FROM CITIZENS Pat Watkins, 167 River Drive complimented the Village's new website redesign and thanked Council for recognizing Breast Cancer awareness month. Harold Taylor, 13 Chapel Court stated that he had called Tequesta Code Enforcement regarding 9 Chapel Court and overgrown vegetation and asked what the Village could do to force the homeowner to maintain their property. Attorney Davis responded that if a violation became a threat to the public as a health safety the Village could begin a process. Manager Couzzo stated he would work with staff on options to address the issue. COMMUNICATIONS FROM COUNCIL Council Member Turnquest noted the recent visit from the Good Shepherd's first grade class and their mock Council meeting. Council Member Humpage requested the 18% water surcharge be addressed and asked that a special meeting be held in November and to hold off the normal billing date until a decision was made. Council Member Turnquest questioned if a notice of exemption regarding the watering restrictions in Tequesta had been received. Attorney Davis noted that Tequesta would not be exempt from the restri�tions. Mayor Paterno noted that Council had created the Ordinance making the surcharge automatic. MOTION: Council Member Humpage moved to add the 18% surcharge as item 24; seconded by Council Member Tumquest; motion carried unanimously 5-0. Council Member Brennan referenced new homes being built and largely covering lots after demolishing older homes and creating an imbalance in existing neighborhoods. She suggested creating a standard through the Village regulating and preserving existing structures and asked that a workshop be held. Consensus of Council was to hold the workshop. Vice Mayor Arena noted the movie in the park and an event being held by the Baptist Church at the end of October. Mayor Paterno commented on the ViAage website upgrade. He then read an expression of his disconcert with recent hard works on his behalf which he felt had been disregarded. REGULAR AGENDA OLD BUSINESS Minu#es — Regular Council Meeting 10/13/11 Page 5 13. Ordinance 15-11, Second Readinq, Amending the Village Code ofi 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 (First Reading 9/8/11) Attorney Davis read Ordinance 15-11 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 15-11; seconded by Council Member Brennan; motion carried unanimously 5-0. 14. Ordinance 16-11, Second Readinq, 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 (First Reading 9/8/11) Attorney Davis read Ordinance 16-11 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. MOT10N: Council Member Hurr�page moved approval of Ordinance 16-91; seconded by Council Member Tumquest; motion carried unanimously 5-0. 15. Ordinance 17-11, Second Readina, Amending the Village Code of Ordinances at Chapter 66. Subdivisions. Article v. Design Standards. Divisior► 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 Vi{{age's Comprehensive Plan (First Reading 9/8/11) Attorney Davis read Ordinance 17-11 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. Minutes — Regular Council Meeting 10/13/11 Page 6 MOTION: Council Member Brennan moved approval of Or�dinance 17-11; seconded by Council Member Tumquest; motion carried unanimousty 5-0. NEW BUSINESS 16. SPR 03-11, Site Plan Review, Application for site plan development review to demolish an existing 410 square feet pool cabana and to construct a 2904 square feet pool and fitness building. The application includes a proposed landscape plan. The address of the proposed site plan is 400 Beach Road Attorney Davis noted that the item was Quasi judicial and placed eleven persons under oath in reference to items 16, 17 & 18. He then asked Council for Ex-parte communications regarding the three items, they were as follows: • Council Member Tumquest - none • Council Member Humpage - visited site at 400 Beach Road and spoke to no one; numerous conversations with owners and staff of Corner Cafe • Council Member Brennan - spoke with Mr. Walsh regarding his attendance at tonight's meeting in regards to 400 Beach Road • Vice MayorArena — had visited all three sites • Mayor Patemo — visited Corner Cafe and Blondies Fire Chief James Weinand, Acting Director of Community Development, noted details of SPR 03- 11 application and that it met with Village Code. Mayor Paterno questioned the measurement of the sand dune line. Chief Weinand explained that the floor elevations where measured in relation to the average crest of the sand dune line. Council Member Humpage questioned the condition placed on the project by the DEP (Department of Environmental Protection). Scott Barush, Architect for the applicant responded that they were required to view the project to determine the necessity for any conditional permitting. Council Member Humpage suggested that the motion include any requirements of the DEP be met. Conrad Damon, legal representative for Tequesta Towers noted that two unanimous approvals had been received on the project, to date, by Tequesta's Planning and Zoning Board and, all request had been accommodated. MOTION: Council Member Humpage moved approval of SPR 03-11 along with any requirements by the DEP being met; seconded by Council Member Tumquest; motion carried unanimously 5-0. Minutes — Regufar Council Meeting 10/13/11 Page 7 17. VAR 02-11, Variance, Consideration of request for variance from the requirement of Sec. 78-298 to allow Blondies to sell intoxicating liquors, wines and beverages for consumption on the premises within a 525 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property is located in the C-2 Zoning District at 181 North US Hwy. 1, Tequesta, FL. The applicant is Meghan Conran. Chief Weinand noted the existing code prohibited liquor sales within 1,000 foot radius of a church. Meghan Conran presented details relating to the establishments present and future plans and stated that the variance was needed to keep up with the demands of their business and to remain competitive. Council Member Turnquest inquired if a blanket variance could be given to the plaza. Manager Couzzo responded that the Village Code could be changed. Council Member Turnquest expressed his desire to adopt processes to attract new businesses in the Village and his support for the item at hand. Chief Weinand commented on the possibility of changing Village Code. Council Member Turnquest voiced his support for changing the code in regards to C2 and his support for anyone with the desire to open businesses having every opportunity to succeed. Mayor Paterno added that the code was protection for the Village and he felt the time certain should be specified for liquor sales. MOTION: Council Member Turr�quest moved approval of VAR 02-11; seconded by Council Member Humpage; motion carried unanimously 5-0. 18. SE 04-11, Special Exception, Application of Corner Cafe of Tequesta, LLC, 289 N US Highway 1, Village Square Shopping Center, 221 N US Highway 1, Tequesta, FL 33469, for a Special Exception Use pursuant to Section 78-177. C-2 District (d) (14) Special Exception Uses of the Village of Tequesta Code of Ordinances. The Applicant is requesting an expansion of a previously approved special exception by constructing a 500 square foot outdoor deck addition to the existing shopping center. The application includes a landscaped perimeter area. Chief Weinand explained the exception at hand was for an expansion to the existing business for an exterior deck. George Gentile, Architect Representative for the applicant (Corner Cafe) noted details associated with the project and that the design was up to code with parking. Council Member Brennan asked if a gate would be around the perimeter of the new deck area. Mr. Gentile commented that the deck area would be closed off. Minutes — Regular Council Meeting 10/13/11 Page 8 In reference to the deck area, Mayor Paterno expressed his opinion that too much was being added in the small area and he did not feel the project was appropriate for the location. Mr. Gentile explained that a door would be added in the front wall and a walkway defined in the handicap ramp / parking area for a pedestrian walkway as suggested by Tequesta staff. Council Member Humpage felt the design would be a nice addition to the plaza. MOTION: Council Member Humpage moved approval of SE 04-9?; seconded by Council Member Brennan; motion carried unanimously 5-0. 19. Ordinance 18-11, First Readina, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article IX. Supplemental regulations. Division 2. Site Plan Review. Amending this Division by Modifying Certain Criteria Relative to Outside Agency Approvals, Fire Flow Requirements, Sidewalk Requirements, Survey Requirements, Traffic Study Requirements, Signage Requirements and Lighting Requirements Attorney Davis read Ordinance 18-11 title into the record. James Weinand, Fire Chief, Acting Director of Community Development, noted there had been discussions of creating a more business friendly Tequesta. He noted staff had recommended changes and he pointed out two requirements. Council Member Humpage felt that the developer should be able to come to Council with a brief overview to get Council's input before they begin spending money and time on the application process. Chief Weinand responded that that specific language was covered in 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 18-11; seconded by Council Member Brennan; motion carried unanimously 5-D. 20. Ordinance 19-11, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article IX. Supplemental regulations. Division 3. Special Exception Uses. Amending this Division by Revising Certain Criteria to be more Compatible with the Site Plan Review Process, and by Providing Revised Procedures for Small Scale Revisions and an Optional Pre-application Process Attorney Davis read Ordinance 19-11 title into the record and noted that any "new" special exception use applicants would go through the full process and, existing permitted uses requiring changes would go through a lesser procedure. Attorney Davis and Chief Weinand offered additional details regarding updates and changes to Ordinance 19-11. Minutes — Regular Council Meeting 10/13/11 Page 9 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 Turnquest moved approval of Ordinance 19-11; seconded by Council Member Brennan; motion carried unanimously 5-0. 21. Council Discussion on Road Improvements to EI Portal and River Drive Manager Couuo explained ongoing history relating to the item and noted that two options had been prepared for discussion. Vice Mayor Arena asked that a letter be sent to the homeowner which resides closest to the location once a decision was made. Pat Watkins, 167 River Drive voiced her concern with lawn maintenance trucks parking in the striped area of the intersection and partially in the turn lane which was forcing traffic to drive into the turn lane and making it a dangerous situation. Manager Couzzo responded that the drawing illustrated several striped areas but areas were not depicted accurately. Mayor Paterno stated that the Homeowners Association (HOA) had also been working to bring beautification ideas to the area. Council Member Turnquest recalled the HOA had offered to revamp and maintain the area. Mayor Paterno shared that the HOA had committed to the project and projeeted November as a completion date. Council Member Humpage felt more feedback from residents who traveled the area would be beneficial and that February was more realistic as a target date and, he believed November would create a rushed conclusion. Council Member Turnquest suggested having the Village Manager develop and present the two ideas to the HOA president. He asked if something could be ready to convey at the next HOA board meeting. Manager Couzzo agreed. Bill Watkins, 167 River Drive, voiced his concern for property values being affected from the changes at the intersection and his concern for the iwo streets running together with no stop sign dividing them. He expressed his approval for either drawing but, felt running water and electric to an island would require additional work. 22. Council Discussion Regarding Naming of Seabrook Property Park Council Member Humpage suggested adding the word Remembrance to Manager Couuo's initial suggestion of Veteran's Park making it Veteran's Remembrance Park. He offered to get military groups involved to obtain a small statue or something of the similar for the park. Vice Mayor Arena suggested Remembrance Park and noted a resident's suggestion of placing a chess board in the park. Minutes — Regular Council Meeting 10/13/11 Page 10 MOTION: Council Member Turnquest moved to name the property on Seabrook Drive Remembrance Park; seconded by Council Member Humpage; motion carried unanimously 5-0. Council took a brieak at 8:10 p.m. and t7econvened at 8: 92 p.m. 23. Council Discussion and Action Regarding Whether to Join other Municipalities in Challenging the Funding Mechanism for the Palm Beach County Office of the Inspector Generat Attorney Keith Davis noted history of the item. Manager Couuo stated that the Village had received two invoices to date and pointed out the seriousness of the item. Vice Mayor Arena recalled the Village originally being told they would pay nothing and the County was paying the one million dollar debt which, he noted was now at approximately four million. MOTION: Council Member Humpage moved for the Village refrain from paying and join other municipalities in the law suit against Palm Beach County; seconded by Council Member Tumquest; motion carried unanimously 5-0. 24. Council Discussion and Action Regarding Water Surcharge Mayor Paterno noted the item had been added to tonight's agenda. Council Member Humpage noted a Village ordinance associated with the item regarding an automatic increase. He asked attorney Davis to read a letter received from South Fiorida Water Management (SFWM) stating that the Village was not under a 15% reduction but did fall under landscape irrigation restrictions. Mayor Paterno suggested if there was a water restriction increase the surcharge would automatically return. Council Member Humpage noted that Jupiter had not implemer►ted the 18% surcharge ever. MpTION: Council Member Tumquest moved approval to lift and discontinue the 18% sur hac ge at this time and, if restrictions were increased by South Florida Water management the surcharge would be triggered; seconded by Council Member Humpage; motion carried unanimously 5-0. STANDING REPORTS • Villaqe_Attornev Attorney Keith Davis noted two county wide ordinances covering proposed lobbyist registrations and a well field protection program. Minutes — Regular Council Meeting 10/13/11 Page 11 • Villaqe Manaqer Manager Couzzo advised that the Village had prevailed at a labor hearing regarding and ex- employee and that appeals could still surFace. He expressed his feelings that the Viltage was in good standings with the case. ANY OTHER MATTERS Council Member Turnquest reported intention of creating MSTU's (Municipal Service Taxing Units) to reduce what the Village paid in Sheriff's tax. He noted his belief regarding the Village being double taxed for services their own police provided. Council Member Turnquest noted progress regarding the Village offering a level of fire rescue service ta residents in the condos on Jupiter Island and negotiations with the Jupiter in{et Colony. He stated he would work with Jupiter Island and the condominiums to ask for their support. Council Member Humpage asked for consent to supply door prizes for the upcoming Friends of Public Safety (FOPS) Go1f Tournament from his discretionary fund. Mayor Paterno voiced his concern for possible ethic issues. Attorney Keith Davis explained the ethical issue could arise because Council Member Humpage was the president of FOPS and recommend that Council Member Humpage abstain from the move. Council Member Humpage stated he would go through FOPS for the funds. Council Member Humpage noted his involvement with Jupiter Hospital and Scripps and that the CEO from Jupiter Hospital would be present at the November Council meeting. Council Member Turnquest voiced his opinion that no one from the Jupiter Hospital or Scripps should be invited while Council pondered the item. Council Member Humpage felt Council could ask specific questions of the CEO. Mayor Paterno responded that he understood both sides but did not want to get into a struggle. MOTION: Council Member Humpage moved that the Tenants / Scripps presentation be placed on November's agenda; seconded by Vice Mayor Ar�ena; motion carried 3-2 with Mayor Patemo and Council Member Tumquest dissenting. Council Member Humpage advised that new owners leasing a location which was previously a restaurant would be required to apply for a special exception and his concern that the Village's process was deterring the new person from following through with their plans. He noted that the same use and equipment was being utilized and felt it was not business friendly to make the location start over. Mayor Paterno commented that future special exceptions should be taken into consideration when making this decision. Manager Couzzo stated it was unfortunate that they Minutes — Regular Council Meeting 10/13/11 Page 12 had been putting money and work into the location since May and had not come to the Village to inquire on requirements but did feel the Village could allow the location to open in 30 days. Bill Verhoeven, 18996 Point Drive voiced his thoughts on the business opening in the Lobster House which had closed recently. Manager Couzzo stated that the Village did not want to leave a bad impression on business persons coming from Germany whom did not understand all that was needed and noted that the Village would also lose in the situation. Mayor Paterno asked for an update on Village annexation plans. Manager Couzzo reported that a presentation to Council was planned for the November meeting and a report would be available by October 24, 2011. Mayor Paterno advised that the Jupiter Inlet Lighthouse Outstanding Area (JILONA) permit had received much controversial input and will now go higher to be heard by the Florida Cabinet. Manager Couuo commented that he would speak to the Village Attorney to see if anyfihing further could be done to assist the new German restaurant situation. ADJOURNMENT: Council Member Humpage moved to adjoum the meeting; seconded by Vice Mayor Ar�ena. The motion to adjoum carried unanimously 5-0; therefore the meeting was adjoumed at 9:30 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 transcripfis 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.