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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_12/08/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2011 CALL TO ORDER AND ROLL CALL The meeting was catled to order by Mayor Tom Paterno at 6:09 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. Council Member Calvin Turnquest was absent. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford offered prayer and the pledge of allegiance. APPROVAL OF AGENDA Council Member Humpage noted that he would speak under any other matters regarding Tequesta Coun#ry Club community & FPL (Florida Power and Light). Vice Mayor Arena stated he had an any other matter and, Mayor Patemo stated that he may have an ifiem for discussion and asked to pull item 2 as he had received a call from the presenter and they would not attend tonight's meeting. MOTION: Council A9ember Br�ennan moved approval of the agenda; secanded by Counci! Member Humpage with ifems added for discussion noted and item 2 pulled; motion carried unanimously 4-0. PIiESENTATIONS 1. Presentation of Council Historical Name Plaques Clerk McWilliams offered a short background on the committee, which was formed in 2008 and introduced the Historical Board members; Chair Bethany Humpage, Vice Chair pottie Campbell, Pauline Hutchinson, Lee Resnik �nd Bob Jacks. Ms. Bethany Humpage, Historical Board Chair, gave a bit of the Village's history and presented the plaques with aN the names of past council members, Mayors and Vice- Mayors of the Village of Tequesta. Minutes — Regular Councii Meeting 11/10/11 Page 2 Dottie Campbell thanked the Clerk's Office and the Village for their support during the project and explained how the plaques were arranged. She introduced families of past Council Members who were present at the evening's presentation. Mayor Paterno acknowledged the committee volunteers for their time and efforts in maintaining the Villages history. Vice Mayor Arena, Council Members Humpage and Brennan thanked the committee for their diligence and hard work. COMAAUNICATIONS FROM CITIZENS Marcia Neilson, 94 Beechwood Trail, referred to iocal residents and businesses having sign issues for even#s such as garage sales and her feelings that the Village itself places signs for events. She felt the ordinance was outdated and suggested forming a committee to review existing verbiage and suggest changes. Harold Taylor, 13 Chapel Court reported an ongoing problem with his neighbors at 9 Chapel Court and their landscaping. He stated that Code Enforcement had an 18" height regulation for growth, which he felt, was too lenient. He commented that the condition was affecting the neighborhood and its value and suggested updating the Village Code. Manager Couuo suggested the Village work on utilizing existing city ordinances to incorporate a general maintenance rule into the Village Code. Mayor Paterno added that very positive and proactive changes were coming. COMMUNICATIONS FROM COUNCIL Council Member Humpage commented on the popularity of the Green Market. He mentioned the Village's new Police Chief Pitocchelli and the retired Captain Ricciardi who stood in for the �hiefs position previously. He noted that Ricciardi served 24 years with the Vi(lage and never used a single sick day. He suggested a presentation of thanks for Ricciardi's loyalties be arranged. Manager Couzzo responded that rec�gnition wrould be appropriate, Mayor Paterno agreed. Consensus of Council was to coordinate the presentation along with a personalized Glock 40 caliber 27 gift valued at $640.00. Council Member Brennan noted the Village's Water Plant and its technology. She reported on her tour of the plant and the investment to the Village, which was a great resource and was paid for in cash. She explained a process which included the application and receipt of a consumptive use permit which took t�n years of dedicated work from Manager Couzzo, staff and Arcadis — who now uses the Tequesta plant as a Minutes — Regular Council Meeting 11/10/11 Page 3 model. She also noted that a long-term maintenance plan was developed to assist the Village with keeping the plant running smoothly in the future. Vice Mayor Arena noted upcoming events and the success of Movie in the Park, and #he Green Market. He thanked Pastor Paul and the Baptist Ghurch for sponsoring a free Halloween event which was successful as welt. Vice Mayor Arena admired Veterans and commented on other upcoming events through organizations such as Wounded Warriors, Adopt a Platoon, FOPS (Friends of Public Safety) and Honor Flight. He voiced his appreciation to the American Legion far their support in the �Ilage. Mayor Patemo suggested visiting the Village's Water Plant and commented on how magnificent the plant's operations were. 2. Pr�esentation Regarding Proposed Tenet I Scripps Florida Proposal Item was removed as the presenter was unable to attend. CONSENT AGEIVDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Brennan; motion carried unanimously 40. 3. MINUTES: 10/13/11 Regular Meeting 4. Per Village Ordinance we are Presenting: American Water Chemicals, Inc./Town of Jupiter Piggy Back Contract, Bomgar Corporation Professional Services Agreement, Bomgar End Users License Agreement, ComLog Senrice Agreement Contract, FP Mailing Solutions Postage Machine Rental Agreement, Miracle Recreation Equipment Company Contract, Mo11y's Trolly Hourly Rate Agreement (Friday Event), Pyrotecnico Fireworks Display Contract, SimplexGrinnell Proposal and Service Agreement, and Tanner tndustries, Inc./City of Port Orange Piggy Back Contract. 5, Reaolution 27-11, Lifting an 18% Surcharge Currently Imposed on all Water Billing far Village Cu�tomers; Providing that said Surcharge shall be Re-Instituted should the South Florida Water Management District Adopt More Restrictive Irrigation Limitations than the Modified Phase II Restrictions Cunently in Place Pursuant to Order No. 2011-046-DAO-WS Minutes — Regular Council Meeting 11/10/11 Page 4 6. Resolution 26-11, Caliing For The General Municipal Election To Be Held Tuesday, March 13, 2012, and if necessary, the Municipal Run-4ff Election to be Held Tuesday, March 27, 2012, for the Purpose of Electing Council Seats 1, 3 And 5 for Two Year Terms; Requesting the Palm Beach County Supervisor of Elections Conduct the Election; Designating Polling Loca#ions; Naming the Canvassing Board; and Establishing Election Procedures 7. Approval of Agreement for Vote Processing Equipment Use and Election Services by and beiween 1fie Palm Beach County Supervisor of Election� and the Village of Tequesta 8. Budget Amendments for Fiscal Year 2010/20'11 9. Resolution 28-11, Rolling Fiscal Year 2010/2011 Funding into Fiscal Year 2011/2012 to Complete Purchases that were Approved and Funded but not Completed in Budget Year Ending 9/30111 10. Resolution 29-11, Approving a Proposal from Maroone Dodge of Pembroke Pines Florida, for the Purchase of a Police Car in the Amount of $28,657.00 with Funding coming from the 001-175.664.602 Account END OF CONSEPIT AGENDA REGULAR AGENDA OLD BUSINESS 11. Ordinance 18-11, Second Readin�, 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, Tra�c Study Requiremen#s, Signage Requirements and Lighting Requirements (First Reading 10/13/11) Attorney Davis read Ordinance 18-11 title in to the record. Mayor Patemo opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the publiG hearing was closed. Minutes – Regular Council Meeting 11/10/11 Page 5 MOTf4N: Council Member Humpage moved approval; seconded by Counci! Member Brennan; motion cam�ed unanimously 40 12. Ordinance 19-11, Second Readin�, 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 Cri#eria to be more Compatible with the Site Plan Review Process, and by Providing Revised Procedures for Small Scale Revisions and an Optional Pre-appfication Process (First Reading 10/13/11) Attomey Davis read Ordinance 19-11 title in to the recbrd. He noted that the Local Planning Agency (LPA) recommended approval of tfiis Ordinance and suggested several adjustments. James Weinand, Fire Chief, Acting Director of Community Development, specif�ed the LPA Board recommended the fottowing regardirtg Ordinance 19-11: • To allow an approval process once within 18 month period (increased from 12 months) • To reduce the percentage of small scale interior and exterior revision or expansions to 10% of the original approved special exaeption square footage (down from 20%) • Approval ofi revisions valued under $50,000 (down ftom $100,000) regarding construction cost Chief Weinand stated that the LPA board felt 20% was too liberal for their board's administrative approvals. Attorney Dav�s referred to "when reviewing small scale expansions" and suggested adding "or any previous commissions of approval". Council Member Brennan voiced her feeling of leaving the figures at 20% a�d $100,000 as the Village was attempting to make life easier for applicants. Vice Mayor Arena responded that $50,000 did not go far and agreed with Council Member Brennan. Attorney Davis voiced the LPA Boards concems with taking on too large of a project. Mayor Paterno opened the public hearing to Council and public for eomments. There being no public comment the public hearing was closed. M0710N: Council Member Humpage moved appr+oval of Ordinance 19-11 with approvals under the amount of $100,000 to rtemain, squarze footage on small scale Minutes — Regular Council Meeting 11/10/11 Page 6 interior and exte►ror revision 6e unc�r 109� of an originally approved specia! exception and being increased to once each 18 month period; seconded by �ouncil Member Br�ennan; motion carried unanimously 4-0 NEW BUSINESS 13. SE 05-11, S�ciai E�cceation, Request for a Special Exception in Accordance with the Village Zoning Code to Allow a Restaurant (including carry out) Use in the MU (Mixed Use) Zoning District as provided in Section 7&180. The Applicant is Caf�' Heidelberg, Petra Willers. The Subject Property is Locate�t at 150 U.S. Highway 1, Tequesta, FL 33469 Attorney Davi$ swore in 10 people to partake in items 13 — 16. He then asked for ex parte communications from Council. Council Member Humpage responded that he had visited the site of Cafe' Heidelberg. Sara Luetkemeyer, 17489 SE Conch Bar Avenue and business owner, voiced her excitement to have the Caf� Heidelberg and felt their variance should be granted since the locations use was not being changed. MOTION: Council Member Humpage moved approval of SE 05-11; seconded by Council Member Brennan; motion carried unanimously 4-0 14. VAR 03-11, Variance, Consideration of Request for Variance from the Requiremen# of Section 78-298 to Allow Caf� Heidelberg to Sell Intoxicating Liquors, Wines and Beverages for Consumption on the Premises w�hin a 523 +f- Foot Radius of any Church, School or Youth Center, where Section 78-298 Currently Allows for such Sale only at a 1,000 Foo# Radius or Greater from any Church, School or Youth Center. The Property is Located in the MU Zoning District at 150 N. US Highway 1, #11-13, Tequesta, FL. Applicant is Petra Willers. James Weinand, Fire Chief, Acting Director of Community Developmerrt, presented background on the item. MOTiON; Council Member Brennan moved approval of VAR 03-41; seconded by Council Member Humpage; motion carried unanimously 4-0 15. SE 06-11, Suecial Exception, Request for a Special Exception Use Pursuant to Section 78-180. MU District (i) (14) Special Exception Uses of the Village of Tequesta Cale of Ordinances. The Applicant is Requesting Approval fior an Minutes — Regular Council Meeting 11/10/11 Page 7 Existing 4,849 Professional Use Building in the Mixed-Use Zoning District. Applicant is Bruce M. Rothenberg ofi Prelude Properties Group, LLC, 521 Old Dixie Highway, Tequesta, FL 33469 James Weinand, Fire Chief, Acting Director of Communiiy Developmerrt, briefly offered background on the item. Bruce Rothenberg, 11586 SE Plandome Drive, Hobe Sound, 521 Old Dixie Hwy, building owner, expressed that the #enant was bringing jobs to the Village and asked that the special exception be grant�. Mayor Paterno voiced his support for the specia! exception and the tenant's intentions. Clerk McWilliams asked for any ex parte communications from Council. Council Member Humpage disclosed that he knew Mr. Rothenberg and had work�ed in the building. He also noted his support for the venture. MOTION: Council Member Humpage moved approva! of SE 06-11; secanded by Council Member Br+ennan; motion cairiied unanimously 4-0 16. SPR 05-41, Sifie Plan Review, Application of Comer Cafe of Tequesta, LLC, 289 N. US Highway 1, Village Square Shopping Center, 221 N. US Highway 1, Tequesta, FL, 33469, for Site Plan Development Review to Construct a 500 Square Foot Deck Addition to the Existing Shopping Center. The Application includes a Landscaped Perimeter Area James Weinand, Fire Chief, Acting Director of Community Devetopment, stated this was the site plan review process and that the Planning and Zoning Board (P& Z) recommended approval. He explained there was an issue with clientele safety on a path which guest would travel closely to the parking area. H� advised that the applicant had submitted bollards as an option in their plan. Mr. George Gentile, representing the applicant clarified the plan was for a 477 square foot deck as an addition to the Cafe. He noted specifics of the project and explained the handicap ramp would be s#riped with bollards added for safety. He felt the changes would be safe and the deck was an attractive addition to the restaurant. Council Member Humpage shared his experience with curbs and felt utilizing one could trip people and would not be as safe as the bollards. Mr. Gentile agreed. Mayor Patemo Minutes — Regular Council Meeting 11/10/11 Page 8 questioned creating a ramp to separate the parking from the walkway. Mr. Gentile explained the conc�rn for different levels and offered to take steps out at the deck area allowing internal access only. � Chief Weinand asked about moving the stair well to adhere to fire codes. Mr. Gentile reported that the square footage being added was extremely small and understoc�d the stairvvell was a problem. Chief Weinand stated a gate could be installed with a panic device. Mr. Gentile responded that they would add an emergency exit gate. MOTION: Council Member Brennan moved approva! of the amended SPR 05-19 by adding a panic exit gate; seconded by Council Member Humpage; motion carried unanimously 4-0 17. Ord�nance 21-11, First Readin�, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article I. In General. At Section 78-6. Enforcement Officer; Violations; Penalties. By Amending this Section to Revise the Penal#y Provisions in Conformance with the Code Enforcement Special Magistrate Process; and Article III. Appeals and Variances. At Sections 78-63. Appeal Procedure. And Section 78-64. Stay of Proceedings Pending Decision on Appeal. By Amending these Sections to Revise the Village's Administrative Appeal Process Attorney Davis read Ordinance 21-11 title into the record. Mayor Paterno questioned the Board of Adjustment having a better understanding of a hard ship case. Chief Weinand expressed that they had been very strict on their decision-making. 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 Br�ennan moved approval of Orclinance 21-19; seconded by Council Member Humpage; motion carried unanimously 4-0 18. Ordinance 24-11, First Readin�, Amending its Comprehensive Plan to Update the Capital Improvements Element Five Year Capital Improvements Schedule as Provided in Section 163.3177(3)(b), Florida Statutes, Providing that the Text, as Amended or Revised, shall be Substituted for and Replace in Full the Existing Te�ct in the Adopted Capital Improvements Element; and Providing for Transmittal Minutes — Regular Council Meeting 11/10/11 Page 9 of a Courtesy Copy of the Adopted Amendment to the State Land Planning Agency Attorney Davis read Ordinance 24-11 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 pubtic hearing was closed. MOTION: Council Member Humpage moved approval; seconded by Council Member Brt�nnan; motion carried unanimously 4-0 19. Qrdinance 25-11, First Readinq, Amending the Village Code of Ordinances at Chapter 2. Administratio�. By Repealing in its Entirety Ordinance 14-11 and Repealing all Amendments to Exhibit "B" of Section 2-61 (Originally Intended to be Section 2-30 but Included as Sec 2-61 at the Edito�'s Discretion) Rela#ing to the Employees Pension Trust Funds as Contained in Ordinance 14-11 Attorney Davis read Ordinance 25-11 title into the record. Mayor Patemo 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. Manager Couzzo noted that an Ordinance was previously passe�d which reflected intent to close the defined benefit plan, which subsequently was not #he best option at this time. He explained that there was confusion at the Sta#e ievel and the plan would not be closed but offer a twayear time frame in which to explore alternate options and in essence would ofFer the Village additional time to benefit from 185 funds. Manager Couzzo commented that the Village had no intentions of changing fhe Union contract and would await changes from the State level if any were imposed. MOTION: Counci! Member Bnennan moved approval of Ordinance 25-11; seconded by Council Member Humpage; motion carried unanimously 4-0 20. Council Discussion and Ac�on R�arding the Jupiter Inlet Outstanding Natural Area (JILNOA) Shoreline Stabilization and Restora�on Project Plan Mayor Patemo noted that the Federal Govemment had responded to Tequesta regarding the Jupiter Inlet Outstanding Natural Area (JILNOR) Shoreline Stabitization Project and referenced a 149' (out of the 1,400') section near Cato's Bridge of which Minutes � Regular Council Meefiing 11/10/11 Page 10 they would allow boats. He voiced his feelings that the area offered was too small and felt the three tiered seawall plan was not only for the shoreline but an opportunity for the government to deter boats from the area. Mayor Paterno pointed out that the govemment also planned to eradicate exotic plants from the area. He asked Council for guidance and their opinions and noted his feelings that representatives from Jupiter would support Tequesta's position. Council Member Humpage responded that he was in total agreement and felt some stabilization was understandable but he believed they were doing too much. Mayor Patemo commented that the seawall system at his home was a sufficient system and much more than that was senseless. He advised that the feds had hired the county to do the work and he would be meeting with Commissioner Karen Marcus regarding the project. Mayor Patemo expressed his opinion that sarrd floweci around the point and was fiNing in the area in question and, the plan was not necessary but was more about money. Vice Mayor Arena agreed the area was not a problem and noted a comparison beiween old and new maps which showed little change on the shoreline which was being publicized as needing stabiliza#ion. He suggested asking for at least 700'. Council Member Brennan did not see any reason for the wall and felt the area was a great place for boating families. Mayor Patemo stated he would update Jack Cory, Village consultant and that the item may go as high as to the Cabinet for their vote. He noted the ne�ct meeting regarding the issue would be in Tequesta in December. STANDING REPORTS • V�Ila�e Attornev Attorney Davis reported the previously presented interlocal agreement conceming well fields had been replaced with a proposed fixed, voluntary fee in which Tequesta would pay $2,700 per year. Me feft T�uesta had the option to do the work themselves and not pay the fee to the County. Attorney Davis noted he was developing draft language for legal defense regarding officials and employees accused of doing wrong within the jurisdiction of their position. • Villaqe AAana�er Manager Couzzo thanked department heads and staff for #heir dedication. He noted that Russell White was the longest serving employee in the �illage who would be recognized at next month's meeting. He thankerl dedicated residents for their attendance and contributions to the �Ilage. Minutes — Regular Council Meeting 11/10/11 Page 11 . ANY OTHER MATTERS Council Member Humpage referenced the EI Portal intersection and noted two renderings were being submitted as solutions at a meeting, which would be held at the Tequesta's Recreation Center on Tuesday. He advised that he would be attending #he meeting and that Council was being asked to add #he issue to the December Council meeting. Consensus of Council was to see the intersection options at the December meeting. Council Member Humpage explained that Florida Power and Light (FPL) response times have been extended because service trucks had to take an altemate route around the baek of Tequesta. He asked to place them on the December agenda to discuss giving their service trucks only the same courtesy as given to school buses and trash trucks. Council Member Brennan asked to add resolution 24-11 to tonight's agenda to avoid having a special workshop for the item. Manager Couzzo suggested adding the item as well. AAOTION: Council Member Br�ennan moved to add Resolution 24-11 to the present agenda as item 21; seconded by Counci! Member Humpage; motion carried unanimously 4-0 21. Resolution 24-11, Appropriating Fund Balance and Increasing the Capital Improvement Fund #301 2010-2011 Budget in the Amount of $740,000.00 to Fund Additional Costs of the Construc�ion of Tequesta Bridge Attorney Davis read Resolution 24-11 title into the record. Manager Couzzo explained that the resolution assisted with auditing procedures. Council Member Brennan noted that the procedures where on a time schedule therefore the item needed to be addressed. MOTION: Council Member Br�ennan moved apprr�val; seconded by Council Member Humpage; motion ca�ried unanimously 4-0 Vic� Mayor Arena stated that a neighbor had stated that the Village did not specify storage rooms in the code. Council Member Humpage noted i# would need to coincide with zoning. Manager Couzzo responded that time would need to be taken to look at the Minutes — Regular Council Meeting 11/10/11 Page 12 issue and voiced his concem that storage sheds stored many items and that woutd need to be considered as they were not normally inspected. Viae AAayor Arena noted that the person was using the storage as a business therefore it was being inspected by the frre department. Mar�ager Couzzo stated it was most likely best to leave the issue as it was. Mayor Paterno advised that additional burglaries had occurred in the Country Club area and suggested placing a LPR (license plate recognition) camera at Riverside and Tequesta Drive. Police Chief, Pitocchelli explained that the camera could check every tag that travels passed it not just ones with unlawFul activity attached. Manager Couzzo noted the potential the cameras offered. Mayor Patemo referenced the attempt to utilize iPads previously for agenda's and Council not preferring the small screens and suggested possibly trying laptops. Manager Couzzo inquired about the screen size. Council Member Humpage stated he used a laptop personally and was comfortable with it. Marcia Nielson, 94 Beechwood Tral asked about the GMH Capital Partners property. Manager Couzzo responded that a consultant had been hired by GMH to iook over their paper work before it was submitted. Council Member Humpage stated that he had spoken to a GMH representative who confirmed that a contractor had been chosen as well. ADJOURNMENT: Council Member Humpage moved to adjoum the meeting; seconded by Vice Mayor Ar�ena. The motion to adjoum car►ied unanimously 4-0; therefore the meeting was adjoumed at 8:33 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 referen�ed attachments are on file in the �Ilage Clerk's office.