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HomeMy WebLinkAboutMinutes_Regular_11/10/2011 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:09 p.m. A roll call was ---- taken by ViNage 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 aitendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Village Clerk Lori McWilliams and Department Heads. 1NVOCATION 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 Country Club community & FPL (Florida Power and Light). Vice Mayor Arena stated he had an any other matter and, Mayor Paterno stated that he may have an item for discussion and asked to pull item 2 as he had received a call from the presenter and they wou{d not attend tonight's meeting. MOTION: Council Member Brennan moved approva/ of the agenda; seconded by Counci! Member Humpage with items added for discussion noted and item 2 pulled; motion carried unanimously 4-0. PRESENTATIONS 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 and Bob Jacks. Ms. Bethany Humpage, Historical Board Chair, gave a bit of the Viltage's history and presented the plaques with all 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 Cierk's Office and the Viliage for their support during the � project and explained how the plaques were arranged. She introduced families of past Councii 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. COMMUNICATIONS FROM CITIZENS Marcia Neilson, 94 Beechwood Trail, referred to local residents and businesses having sign issues for events such as garage sales and her feelings that the Vi{lage itself places signs for events. She felt the ordinance was outdated and suggest�d forming a committee to review existing verbiage and suggest changes. Harold Taytor, 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 popularify of the Green Market. He mentioned the Village's new Police Chief Pitocchelli and the retired Captain Ricciardi who stood in for the Chiefs position previously. He noted that Ricciardi served 24 years with the Village and never used a single sick day. He suggested a presentation of thanks for Ricciardi's loyalties be arranged. Manager Couzzo responded thafi recognition would be appropriate, Mayor Paterno agreed. Consensus of Couneil 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 Wa#er Plant and its technology. She reported on her tour of the plant and the investment to the Village, which was a grea# resource and was paid for in cash. SMe explained a process which included the application and receipt of a consumptive use permit which took ten years of dedicated work from Manager Couzzo, staff and Arcadis — who now uses the Tequesta plan# as a Minutes — Regular Council Meeting 11/10/11 Page 3 modei. SMe 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 fihe Park, and the Green Market. He thanked Pastor Paul and the Baptist Ghurch for sponsoring a free HaEloween event which was successful as well. 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 appreciatior� to the American Legion for their support in the Village. Mayor Paterno suggested visiting the Village's Water Plant ar►d commented on how magnificent the plant's operations were. 2. Presentation Regarding Proposed Tenet / Scripps Florida Proposal Item was removed as the presenter was unable to attend. CONSENT AGENDA MOTION: Council Member Humpage moved approvat of the Consent Agenda; seconded by Council Member Brennan; motion carried unanimously 4-Q. 3. MINUTES: 10/13/11 Regular Meeting 4. Per Village Ordinance we are Presenting: American Water Chemicals, Inc.lfown of Jupiter Piggy Back Contract, Bomgar Corporation Professional Services Agreement, Bomgar End Users License Agreement, ComLog Service Agreement Contract, FP Mailing Sokations Postage Machine Rental Agreement, Miracle Recreation Equipment Company Contract, Molly's Trolly Hourly Rate Agreement (Friday Even#), Pyrotecnico Fireworks Display Contract, SimplexGrinnell Proposal and Service Agreement, and Tanner Industries, . Inc./City of Port Orange Piggy Back Contract. 5. Resalution 27-11, Lifting an 18% Surcharge Currently Imposed on all �IUater Billing for Village Customers; Providing that said Surcharge shall be Re-Instituted should the South Florida Water Management Distriet Adopt More Restrictive Irrigation Limitations than the Modified Phase II Restrictions Currently in Place Pursuant to Order No. 2011-046-DAO-WS Minutes -- Regular Council Meeting 11/10/11 Page 4 6. Resolution 26-11, Calling For The Generai Municipai Election To Be Held Tuesday, March 13, 2012, and if necessary, the Municipal Run-Off Election to be Held Tuesday, March 27, 2012, for the Purpose of Electing Council �eats 1, 3 And 5 for Two Year Terms; Requesting the Palm Beach County Supervisor of Elections Conduct the Election; Designating Polling Locations; Naming the Canvassing Board; and Establishing Election Procedures 7. Approval of Agreement for Vote Processing Equipment Use and Election Services by and beiween the Palm Beach County Supervisor of Elections and the Village of Tequesta 8. Budget Amendments for Fiscal Year 2010/2011 9. Resolution 28-11, Rolling Fiscal Year 2010I2411 Funding into Fiscal Year 2011/2012 to Complefie Purchases that were Approved and Funded but not Completed in Budget Year Ending 9/30/11 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 $29,657.00 with Funding coming from the 001-175.664.602 Account END OF CONSENT AGENDA REGULAR AGENDA OLD BUSINESS 11. Ordinance 18-11, Second Readinq, 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 (First Reading 10/13/11) Attorney Davis read Ordinance 18-11 title in to the record. Mayor Paterna 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 11/10/11 Page 5 MOTION: Councii Member Humpage moved approval; seconded by Council Member Brennan; motion carried unanimousiy 4-0 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 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 (First Reading 10/13/11) Attorney Davis read Ordinance 19-11 title in to the record. He noted that the Local Pfanning Agency (LPA) recommended approval of this Ordinance and suggested several adjustments. James Weinand, Fire Chief, Acting Director of Community Development, specified the LPA Board recommended the following regarding 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°l0 of the original approved special exception square footage (down from 20%) • Approval of revisions valued under $50,000 (down from $100,000) regarding construction cost Chief Weinand stated that the LPA board felt 20% was too liberal for their board's administrative approvals. Attorney Davis referred to "when reviewing small scale expansions" and sugges#ed adding "or any previous commissions of approval". Council Member Brennan voiced her feeling of leaving the figures at 20% and $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 concerns with taking on too large of a project. Mayor Paterno opened the public hearing to Council and public for comments. There being no public comment the public hearing was ciosed. MOTION: Council Member Humpage moved approval of Or�dinance 19-11 with approvals under the amount of $100,000 to remain, square footage on smait scale Minutes — Regular Council Meeting 11/10/11 Page 6 interior and exterior revision be under 10% of an originally approved speciai exception and being increased to once each ?8 month period; seconded by Council Member Brennan; motion camied unanimously 4-0 NEW BUSINESS 13. SE 05-11, Special Exception, Request for a Special Exception in Accordance with the Village Zoning Code fio Allow a Restaurant (including carry out) Use in the MU (Mixed Use) Zor�ing District as provided in Section 78-180. The Applicant is Cafe' Heidelberg, Petra Willers. The Subject Property is Located at 150 U.S. Highway 9, Tequesta, FL 33469 Attorney Davis 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 Caf�' Heidelberg. Sara Luetkemeyer, 17489 SE Conch Bar Avenue and business owner, voiced her excitement to have the Cafe 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 Requirement of Section 78-298 ta Allow Cafe Heidelberg to Sell Intoxicating Liquors, Wines and Beverages for Consumption on the Premises within a 523 +/- Foot Radius of any Church, School or Youth Center, where Sec#ion 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 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 Development, presented background on the item. MOTION: Council Member Brennan moved approval of VAR 03-11; seconded by Council Member Humpage; motion carried unanimously 4-D 15. SE 06-11, Saecial Exception, Request for a Special Exception Use Pursuant to Section 78-180. MU District (i) (14) Special Exception Uses of the Village of Tequesta Code of Ordinances. The Applicant is Requesting Approval for an Minutes -- Regular Council Meeting 11/14/11 Page 7 Existing 4,849 Professional Use Building in the Mixed-Use Zoning District. Applicant is Bruce M. Rothenberg of Prelude Properties Group, LLC, 521 Old Dixie Highway, Tequesta, FL 33469 James Weinand, Fire Chief, Acting Director of Community Development, briefly offered background on the item. Bruce Rothenberg, 11586 SE Plandome Drive, Hobe Sound, 521 Old Dixie Hwy, building owner, expressed that the tenant was bringing jobs to the Village and asked that the special exception be granted. Mayor Paterno voiced his support for the special 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 worked in the building. He also noted his support for #he venture. MOTION: CounciJ Member Humpage moved approval of SE 06-11; seconded by Council Member Brennan; motion carried unanimously 4-0 16. SPR 05-11, Site Plan Review, 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 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 Development, 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. He 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 Caf�. He noted specifics of the project and explained the handicap ramp would be striped 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 Paterno Minutes — Regular Council Meeting 11/10/11 Page 8 questioned creating a ramp to separate the parking from the walkway. Mr. Gentile explained the concern 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. Gentife reported that the square footage being added was extremely small and understood the stairwell 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 8r�ennan moved approval of the amended SPR 05-91 by adding a panic exit gate; seconded by Council Member Numpage; motion carried unanimously 4-0 17. Ordinance 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 Penalty Provisions � in Conformance with the eode 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 sMip case. Chief Weinand expressed that they had been very sfirict 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 Nlember Br�ennan moved approval of Ordinance 21-91; seconded by Council Member Humpage; motion carried unanimously 4-� 18. Ordinance 24-11 Readinq, 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 Te�, as Amended or Revised, shall be Substi#uted 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 Pianning 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 public hearing was closed. MOTION: Council Member Humpage moved approval; seconded by Council Member B►�ennan; motion camied unanimously 4-0 19. Ordinance 25-11, First Readin�, Amending the ViHage Code of Ordinances at Chapter 2. Administration. By Repealing in its Entirety Ordinance 14-11 and Repealing all Amendments to Exhibit "B" of Section 2-61 (Originally Intended to be Sectian 2-30 but Included as Sec 2-61 at the Editor's Discretion) Relating to the Empfoyees Pension Trust Funds as Contained in Ordinance 14-11 Attorney Davis read Ordinance 25-11 title in#o 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 c{osed. Manager Couzzo noted that an Ordinance .was previously passed which reflected intent to close the defined benefit plan, wh'rch subsequently was not the best option at this time. He explained that there was confusion at the State level and the plan would not be closed but offer a iwo-year time frame in which to explore alternate options and in essence would offer the Viltage addi#iona! time to benefit from 185 funds. Manager Couzzo commented that the Village had no intentions of changing the Union contract and would await changes from the State level if any were imposed. MOTION: Council Member Brennan moved approval of Ordinance 25-11; seconded by Council Member Humpage; motion carried unanimously 4-0 20. Council Discussion and Action Regarding the Jupiter Inlet Outstanding Natural Area (JILNOA) Shoreline Stabilization and Restoration Project Plan Mayor Paterno noted that the Federal Government had responded to Tequesta regarding the Jupiter Inle# Outstanding Natural Area (JILNOA) Shoreline Stabilization Projec# and referenced a 149' (out of the 1,400') section near Cato's Bridge of which Minutes — Regutar Council Meeting 11/10/11 Page '10 they would allow boats. He voiced his feelings that the area offered was too small and feit 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 government 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 Paterno 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 Paterno expressed his opinion that sand flowed around the point and was filling 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 befinreen old and new maps which showed little change on the shoreline which was being publicized as needing stabilization. He suggested asking for at least 704'. Council Member Brennan did not see any reason for the wall and felt the area was a great place for boating families. Mayor Paterno 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 next meeting regarding the issue would be in Tequesta in December. STANDtNG REPORTS • Villacte Attornev Attorney Davis reported the previously presented interlocal agreement concerning well fields had been replaced with a proposed fixed, voluntary fee in which Tequesta would pay $2,700 per year. He felt Tequesta 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. • Vitlaqe Mana_ger Manager Couzzo fihanked department heads and staff for their dedication. He noted that Russell White was the longest serving employee in the Village who would be recognized at next month's meeting. He thanked dedicated residents for their attendance and contributions to the Village. Minu#es — Regular Councii 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 the meeting and that Council was being asked to add the issue to the December Counci! 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 alternate route around the back of Tequesta. He asked #o 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. MOTION: Council Member Br�nnan moved to add Resolution 24-19 to the present agenda as item 21; seconded by Council Member Humpage; motion carried unanimously 4•D 21. Resolution 24-11, Appropriating Fund Balance and Increasing the Capital Improvement Fund #301 2010-2011 Budget in the Amount of $740,Q00.00 to Fund Additional Costs of the Construction 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. IWOTION: Councit Member 8r�ennan moved approval; seconded by eouncil Member Humpage; motion carried unanimously 4-0 Vice Mayor Arena stated that a neighbor had stated tfiat the Village did not specify storage rooms in the code. Council Member Humpage noted it 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 concern that storage sheds stored many items and that would need to be considered as they were not normally inspected. Vice Mayor Arena noted that the person was using the storage as a business therefore it was being inspected by the fire department. Manager 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 Paterno 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 taptop personally and was comfortable with it. Marcia Nielson, 94 Beechwood Trail asked about the GMH Capital Partners property. Manager Couzzo responded that a consultant had been hired by GMH to look 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 adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 4-0; therefore the meeting was adjourned at 8: 33 p. m. Respectfully submitted, � � f �'� �� L.�.Crin.-- 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.