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HomeMy WebLinkAboutDocumentation_Regular_Tab 04_03/08/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES January 26, 2012 Call to Order and Roll Call The meeting was called to order by Mayor Tom Paterno at 3:00 p.m. A roN call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Patemo, Vice-Mayor Vince Arena, Council Member Abby Brennan, Council Member Jim Humpage, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attomey Keith Davis, Village Clerk Lori McWilliams, and Department Heads. Approve A�enda MOTION: Council Member Humpage moved approval of the agenda; seconded by Vice MayorAr�ena. Motion carried unanimously 5-0. 1. Discussion on Boat Dockage Specific to Caaals Council Member Brennan advised there were only 54 homes on canals, and most of the ordinance referred to general dockage and piers, and did not address the width of a dock on a canal or how far it could extend into the canal. She had asked Fire Chief Weinand to come up with better language that could be enforced properly and when someone was putting in a new dock they would know exactly what they could do. James Weinand, Fire Chief, explained there were permitting problems because the code said on canals 85 feet or less, the lifts must be attached to the seawall, but one could see from the pictures in his presentation that they were not. None of the docks on the four canals within the Village were over 85 feet; therefore, none of the lifts should be attached to docks, or the code could be changed to bring people into conformance. He suggested language that protrusions, whether, docks, lifts, or mooring pilings, take up no more than 20% of the canal, and explained the Department af Environmental Protection (DEP) allowed them to take up 25% of the canal. Currently there were many residents wanting permits, which could not be issued because of the code. Chie# Weinand explained people on canals did not have riparian rights, only those on the river had those rights. Council Member Brennan commented there had been confusion regarding the width of a dock, that a lift or dock could only be off the seawall, and discussed mooring pilings. Chief Weinand commented nothing in the code addressed height or reflectors. Council Member Brennan stated no sailboats could get under the bridge. Chief Weinand explained there were not as many properties which exceeded 20% as there were in non-conformance, and the 20% would bring the majority into compliance. The one that would remain non-conforming wauld remain until repaired or sold. Discussion ensued. Chief Weinand advised that for an 85-foot lot, one would have 17 fe�t off the property lines. �ce Mayor Arena commented no one could moor on the outside of a boat lift tMat was outside the dock. He suggested placing in the code Minutes — Special Meeting 1/26/12 Page 2 that boats could not be anchored or moored. Attomey Davis noted the 2011 language was in conformance with State statutes and no person could anchor, moor, or park any live-aboard vessel in R-1 or R-1-A in excess of 72 hours unless it was located in an approved mooring area or dock and with the consen# of the owner. He advised that the Village could not regulate live-aboard boats. Vice Mayor Arena believed 17 feet would keep boats under control on the canals unless one decided to moor. Attorney Davis advised the existing code was good for the river but impossible to apply to the canals. Mayor Paterno confirmed a survey would be required, and suggested going from the property line since that would be fair to everyone. Public Comment Frank D'Ambra felt a 25-foot setback was excessive; that 15-20 feet was plenty to tum boats around. Chief Weinand explained 25 feet was for those on the river with riparian rights, and noted canals did not have riparian rights. Chief Weinand commented CounciPs decision was needed on number of docks allowed for different properties. Attorney Davis indicated requirements should be set up for docks on canals and separate requirements for docks on the river. If Council wanted to allow a comer property on the canal to have multiple docks, that could be done, so long as the property owner complied with all the canal requirements. Mayor Patema suggested along the sides of the canal to allow 17 feet from the property line for a dock and pilings, and one dock per water site. Corner properties could have more than one dock. Speci�c properties were discussed. Chief Weinand commented he would like to look at it as no more than 25 feet from the property lines and, anything inside there no more than 20% out. Multiple boats would be allowed, so long as they belonged to the owner of the house and not to a renter. Filomena Lucia, 12 Tradewinds, asked if it was okay to put a lift on walls, and was told as long as it was within the allowed space. Cantilevered lifts were discussed, since the boat would take up more space when lowered into the water. Chief Weinand indicated he wanted to address heights and markings of pilings, and lighting,. Mayor Paterno suggested reflector tape should be required around the pilings. Council Member Brennan advised she would vote against ligh#s because they would shine into homes. Manager Couuo advised staff would work with legal to provide Council with an ordinance. 2 Discussion on Setbacks for Residential Construction Council Member Brennan explained there were homeowners tearing down the old homes and replacing with much larger structures Eaves were encroaching, leaving only 5 feet between the homes. Village Attorney Davis advised that Palm Beach Minutes — Special Meeting 1/26/12 Page 3 Shores was an example of a community, which had these issues. They hired a p(anning consultant and spent a year coming up with a new code for single-family homes that addressed all the setbacks, lot coverage and height impacts. They approved a workable code that addressed how a new finrastory house could be built with ratios of first floor versus second floor and lot coverage among other issues. Their code allowed a new house of approximately 3,800 square feet living space with a second story not being bigger than half the allowed lot coverage and 75% of the first floor, etc. Council Member Brennan commented there were now five of these homes on Tradewinds. In the Country Club, #here was a 10-foot setback on each side and on Tradewinds it was 7.5 feet. �Ilage Manager Couzzo reported this had the potential to lower property values. Detailed discussion ensued. The Manager stated he would provide Council with a copy of the Palm Beach Shores ordinance. Council Member Brennan noted balance was needed to maintain the integrity of current residents while welcoming the new ones. 3. Discussion on fncreasing the 20% Outdoor Seating Limit at Local Businesses �ce-Mayor Arena suggested 30% outdoor seating to !et restaurants take better advantage of the Florida season. Chief Weinand discussed specific examples of restaurants which had designated areas for outdoor seating where it would be an advantage to the restaurant to increase the percentage, such as Paradise Wing, the former Lobster Shack, and Crab and Conch. Chief Weinand noted he would like to adjust the language if they had a designated outdoor area and also the parking to accommodate the increase. Code could be written to capture different elements. Manager Couzzo indicated staff would come up with some suggested language with a couple of altematives fior Council to consider. 4. Discussian o� Increasing the Number of Special Evenfi Permii;s Allowed for Businesses Vice-Mayor Arena recommended increasing the number speciat event permits from two to four. Village Manager Couzzo suggested allowing permits once each quarter. Chief Weinand commented the Village Attorney had developed some language to address commercial and garage sale permits, which were currently lumped together. He commented the �Ilage did not need to know +nrhat the person was going to do with their garage sale funds. TF�e Chief was asked to provide language separating commercial from garage sale permits. 5. Discussion on Costs Relating to Special E�cceptions Vice-Mayor Arena felt costs could be contained if zoning were changed to eliminate a lot of the special exceptions. He suggested a meeting with mini mall managers to see what iypes of businesses were asking for space. He wanted to go the extra mile to hetp businesses expand. He noted that Corner Cafe had been required to complete a tra�c Minutes — Special Meeting 1126/12 Page 4 survey and spend $2,000 just to put in five extra tables. Manager Couzzo suggested amending the special exception criteria so that if, after staff review, on a case-by-case basis, they determined there was a need for a trafFc impact study, then it could be required. After staff review it could then be presented to the Planning and Zoning Board. Vice Mayor Arena stated he wanted to make Tequesta a novelty type Village with unique attractions such as rooftop seating at Tequesta Brewery or a produce store with outside stands. Council Member Brennan felt this went back to the special exception issue and potential businesses having to spend #housands of dollars. She suggested considering boutique type businesses that Tequesta had not allowed in the past. Mayor Paterno fe�t professional businesses that were sustainable, such as the new engineering firm, would be more beneficial to the area economically. He would like to see the Village remain on the quieter side. Council Member Brennan mentioned strategic planning was necessary and the Village needed brewery type businesses or a combination of professivnal businesses and entertainment. Frank D'Ambra, 23 Leeward Circle, felt the Vi{lage needed to bring in the types of businesses that would provide meaningful business opportunities. He felt a strategic plan was needed, and noted there were some unique opportunities to look at the economic opportunities in the area and parlay those to draw major employers. A strategic plan could bring together professional businesses and unique restaurants and shops. Mayor Paterno explained that one of the spotlighted businesses at a BBB meeting held at the convention center was a business formerly in Tequesta. They had moved elsewhere because the Village did not provide a special exception. Vice Mayor Arena asked about changing the 1,000 feef for alcohol to 540 feet or staying at 1,000 feet and changing the fee from $1,000 to $500, which had been discussed at a prior meeting. Village Manager Couzzo advised they could eliminate the footage requirement, which was old and might not apply now. It was pointed out this was a variance, not a special exception. Consensus of Council agreeal tn leave �he alcoho/ provision as js. Chief Weinand commented on the need to add charges for development fees since there were a lot for which there was no charge. The Manager pointed out with any of these changes, there could be a negative impact, with the Village being considered unfriendly to businesses. Village Attomey Davis advised the Village should capture costs at the front end as opposed to the back end; let people know the actual costs up front and bill upfront. Vice Mayor Arena suggested not only looking to adjust fees but to see if they actually needed #o be applied. It was pointed out the Town of Jupiter had Minutes — Special Meeting 1/26/12 Page 5 a$500 fee for every submittal, and the City of Palm Beach Gardens fee was $825. Chief Weinand commented if the businesses would listen and do what they were asked to do without fighting, the fees woufd be less. Anv Other Matters Council Member Humpage commented on the need to revisit the 25-foot setback on both sides of comer lots. Mayor Paterno reported he had had complaints about three boats in a yard that were visible far above the fence line and shrubbery and noted the property owner had two years for the shrubbery to grow and mature. Discussion ensued regarding fencing and effective screening. Mayor Paterno commented people are approaching him about cleaning up a1�er fiheir dogs. Council Member Turnquest reported some areas were registering dogs and collecting DNA and fining them. Mayor Paterno asked what could be done to require residents to pick up items from their front yards and help Code Enforcement with the habitual offenders, especially on Tequesta Drive. Code Enforcement O�cer Petrick explained residents waited to be cited and then would clean up to come into compliance. Vice Mayor Arena commented that fences should be wood, not chain link, considering screening on fiour sides, and suggested allowing only iwo trailerable items. Council Member Humpage recommended deleting from c�ode the word "effectively" and replace wi#h "screened from view". The Village Manager reported on the following items: • There had been requests for the police blotter to be back online • Bridge maintenance would take place that night • The Bridge Landscape Committee had decided to permanently remove the pots from the bridge • The State Department of Bridges and Inspections had been responding to calls from Little Club regarding restrictions on trailers, and he had advised them they had no jurisdiction. Previous bridge traific was now going througM Little Club • The Village was working with a turbine company on a location for testing of their engines. Council Member Humpage provided an update • On the GMH project, roofers were now on the job; in the end the roof must comply with the current code • The Inspector General's office had met with legal counsel and now wanted ta negotiate a settlement and revise the language. Corbett and White would take the lead for the Village, and it would be .25% of the eligible contracts with some contracts exempt. Minutes — Special Meeting 1/26/12 Page 6 Adiournment Counci/ Member Humpage moved to adjoum the meeting at Council Member Tumquest; seconded by Vice MayorAriena; unanimously carried 5-0. Respectfully submitted, Lori McWilliams MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verba#im 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. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Brennan provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Brennan moved approval of the agenda; seconded by Council Member Humpage with the following changes made to the January meeting minutes: change the person seconding approval of the agenda to Council Member Turnquest; person seconding approval of the consent agenda to Brennan; in the sentence "Mayor Paterno thanked Council Member Turnquest and Council Member Paterno for their service'; change Paterno to Humpage. Council Member Humpage, Counci! Member Turnquest, Vice Mayor Arena, and Mayor Paterno all had items to discuss under Any Other Matters. Approval of the amended agenda carried unanimously 5-0. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Brennan; motion carried unanimously 5-0. 1. MINUTES: 1/12/2012 Regular Minutes 2. Per Village Ordinance we are Presenting the Following Agreements, Proposals, Commitments and Memorandum of Understanding to Council: a. The Village of Tequesta and Town of Jupiter Bill of Sale/Indemnification Agreement for the train depot located at 479 Seabrook Road. b. The Village of Tequesta and the Florida Department of Revenue Communications Services Tax Agreement for Access to Confidential State Tax Information. c. The Village of Tequesta and FDG Flagler Station II LLC Real Estate Lease . d. The Village of Tequesta Mears Motor Leasing Master Open-End Lease Agreement for Administration vehicle. � e. The Gehring Group 3 Year Extension — Broker of Record Agreement f. FDLE Justice Assistance Grant Agreement g. Xerox Copier/Printer Lease Agreement-Public Works h. Alford Air Conditioning Proposal for Police Department repairs. Minutes — Regular Council Meeting 2/9/12 Page 2 END OF CONSENT AGENDA PRESENTATIONS Mayor Paterno added a presentation to the Agenda by BWL. David Hertzig thanked Council for the recent funding provided by the Village, and presented a synopsis of Busch Wildlife Sanctuary activities. He advised there were over 381 locations within the Village of Tequesta where they provided animal rescues in 2011, at an average cost of approximately $250 per animal, for a total of $95,000. He expressed his thanks to the Village and to the residents of Tequesta who made contributions, and described their facilities and new projects. He suggested if the Village had surplus items, they might be able to put them to use. He invited Council to the sanctuary for a tour. He estimated they had 50,000 visitors annually, plus another 50,000 participating in outreach every year. Dottie Campbell, 30 Eastwinds Circle, described herself as a self-appointed spokesperson of area wildlife. She made an appeal to the Village and to each member of the Council who had a discretionary fund to contribute additional funding. Mayor Paterno advised the Council would take her request into consideration. Council Member Brennan suggested adding information about the sanctuary to the Village website to make people more aware of what they did. Council Member Humpage requested this item be added to the March agenda. COMMUNICATIONS FROM CITIZENS Vincent Flora, 12883 Southeast Gold Coast Drive, Hobe Sound, proposed a lounge/piano bar with live music in the Fashion Mall. He stated it would be live music only with early hours of 3 p.m. to midnight, a full bar, and no food service. He felt this type of business was needed since both McCarthy's and Blue Note had closed. He advised his partner, David Haynes, had a full liquor license, and the plaza owner had given his consent. They also would like to have events for the community, such as antique car shows. In response to questions from Council, Mr. Flora advised having food was too costly and they planned bar snacks only; they would consider hiring an off-duty police officer on weekends if they could afford to do so; closing would be midnight and the music could stop at 11 p.m.; and the hours might be flexible during the week. Council Member Brennan suggested a Ladies' Night. Ideas for possible food catering were discussed. Acting Community Development Director Weinand advised Mixed Use Zoning would not currently allow this use and asked if Council might consider a new Ordinance. Village Attorney Davis advised re-zoning would require a text amendment and two readings. Mayor Paterno expressed his desire that this business be unique. Village Manager Couzzo indicated staff could analyze current conditions and report at the March Council meeting. Mr. Flora was advised to stay in touch with staff as they studied this matter; the Village Manager advised it would take approximately 6-8 months. Minutes — Regular Council Meeting 2/9/12 Page 3 COMMUNICATIONS FROM COUNCIL Vice Mayor Arena reported on a successful Wounded Warriors visit and fishing trip, the green market on Superbowl Sunday where he had cooked 200 hot dogs in two hours, discussion with Bermuda Terrace residents regarding their water bills which led to an invitation for him to attend their April HOA meeting to discuss annexation, and a new Village event, "Tequesta by the Sea", possibly to take place next year on the ocean. Council Member Brennan thanked Council for their discussion regarding canals, waterways, and setbacks two weeks ago at their special meeting and advised several residents were very interested in this. She reported Chief Weinand, Acting Community Development Director had been researching other communities' codes to see what might work for the Village, and the next step would be to obtain the opinion of a marine engineer. Council Member Turnquest advised he had been working on a Law Enforcement MSTU (Municipal Services Taxing Unit) under the guidance of Village Counsel, which if passed by the County Commissioners would eliminate the system of double taxation for all municipalities who had their own police departments. He traveled to the State capitol and the legislators he spoke to had been favorable. If he received a favorable response from Palm Beach County League of Cities, they would all write letters of support. Mayor Paterno thanked Finance Director Joann Forsythe for instituting a new streamlined policy for purchase orders, which would now be processed daily. The Mayor announced he would be attending a JILONA meeting on February 21 in reference to planning a park. OLD BUSINESS 3. Ordinance 23-11, Second ReadinQ, Adopting an Amendment to its Comprehensive Development Plan in Accordance with the Mandates set forth in Section 163.3184(3), Florida Statutes, Pursuant to a Village Initiated Amendment No. LUPA 1-11, which provides for an Amendment to certain portions of the Text found in the Future Land Use Element, Updating Said Element in Compliiance with FEMA Requirements for Lowest Floor Elevation — (First Reading 12/8/11) Village Attorney Davis read Ordinance 23-11 title on Second Reading. Mayor Paterno declared the public hearing open. There were no Council comments. Hearing no comments from the public, Mayor Paterno declared the public hearing closed. Minutes — Regular Council Meeting 2/9/12 Page 4 MOTION: Council Member Humpage moved approval of Ordinance 23-11 on Second Reading; seconded 6y Council Member Turnquest; motion carr�ed unanimously 5-0. NEW BUSINESS 4. Resolution 2-12. Awarding a Proposal from Global Rental Company of Birmingham, Alabama, for the Purchase of one (1) 2012 International Bucket Truck in the amount of $127,319.00. Village Attorney Davis read Resolution 2-12 by title. Village Manager Couzzo explained this would provide funding to purchase a bucket truck. He noted this purchase had been anticipated in the budget, but at an estimated figure significantly less; therefore, the purchase would require the budget to be amended and funds needed to be appropriated. Russell White, Public Services Manager, explained the difference in the estimated amount and the actual cost had been his error; he expressed his opinion that the Village could save money on contracted jobs. MOTION: Council Member Turnquest moved approval of Resolution 2-12; seconded by Council Member Brennan; motion carried unanimously 5-0. STANDING REPORTS Villaqe Attornev Village Attorney Davis announced that next month he would present an ordinance for the 2010 version of the Florida Building Code. Regarding the Inspector General Funding lawsuit, Attorney Davis advised negotiations were going in the right direction. Funding would now come from the contract fee imposed by the county on all eligible contracts. He expressed hope an ordinance wouid be ready for Council consideration by May. Villaqe Manaqer Manager Couzzo provided an update on the GMH project on Old Dixie and Village Boulevard, noting a revised permit should be issued on February 10 that would spell out what they needed to do. He reported there was a possibility they might have to replace the roof, but the project should accelerate soon. Police Chief Pitocchelli provided an update on the anticipated June closing of the 707 Bridge and how Tequesta residents on the other side of the bridge would be serviced. Minutes – Regular Council Meeting 2/9/12 Page 5 Brad Gomberg, IT Manager, provided a status report on current high priority IT projects. He reported the Smart Cop program was proceeding smoothly with the 9/11 module and laptops rollout complete. With Phase One completed, the Village had seen a marked increase in efficiency. Phase Two, which would take 4-6 weeks, would be the largest phase and would include back end records management system and forms. Phase Three would be the custom programs to comply with Palm Beach County regulations, which should be completed 6-8 weeks after the second phase. Mr. Gomberg reported the Automatic License Plate Recognition (ALPR) system at the bridge had been ordered and should be completed in 6-8 weeks. ANY OTHER MATTERS Couneil Member Turnquest reported his neighbor's son had committed suicide and the mother would like to plant a tree and place a plaque in remembrance of her son in one of the parks, in which she would fund. Council Member Turnquest suggested the new park on Seabrook might be appropriate. Council was amenable to the request. Council Member Humpage reported he had done some work in Gallery Square North in the former Gourmet Market, and because of the code, Mrs. Campbell was required to go through Planning and Zoning in order to install the same window that every other business in Gallery Square North already had. He urged the Council to do something about situations like that. Attorney Davis suggested creating a streamlined process for small issues depending on what Council wanted to see and what they did not want to see—if Council didn't want to see things that didn't change the footprint, it could go straight to staff review then permitting. Council Member Humpage expressed his opinion the current process was not business friendly. The Village Manager cautioned the intent of the code was that the original site plan approval remains intact to avoid mis-interpretation. He suggested allowing an alternate board to perform approvals such as Planning and Zoning rather than amending the code. Council Member Humpage reported the Village had received a check from the PBA (Police Benevolent Association) for approximately $27,000 for reimbursement of attorney fees regarding a recent case against the Village. He also suggested adding surveillance cameras in Constitution Park. Brad Gomberg, IT Manager, stated the Village was updating entire surveillance infrastructure across the Village. Manager Couzzo added that the Water Plant was the beginning focus for the endeavor, that the project has begun as the funds had been budgeted for the present year and was a priority. Council Member Humpage advised that he had met with TAO Engineering regarding renting space in two buildings and that FPL would need to be contacted for a price regarding adding voltage for their needs. Minutes — Regular Council Meeting 2/9/12 Page 6 Council Member Turnquest offered an update on the Village sponsored Florida League of Cities Luncheon. Vice Mayor Arena questioned the process of Village supported charitable events. Manager Couzzo stated the Village could co-sponsor. Vice Mayor Arena noted that he would be interested in supporting Busch Wildlife with the cooperation of Parks and Recreation. He then thanked the Police Chief and officers for being a positive presence at Village events. Vice Mayor arena noted a recent workshop held regarding boat storage on residential properties and his feelings that boats should be registered and given stickers similar to the golf carts in the Village. He suggested utilizing Smoke Signals to update boaters with Village regulations and possibly holding regular discussions or meetings to stay in touch with new boaters in the area. Mayor Paterno stated he met with the Mayor of the Jupiter Inlet Colony (JIC) regarding negotiations for a new Fire Rescue contract. He explained it had not gone well and offered a handout with figures. Mayor Paterno noted the Village cost associated with running the fire department was 3.3 million and asked that a workshop be scheduled. Consensus of Council was to hold a workshop the last week of February. Council Member Turnquest questioned if the numbers changed with involvement of another cities. Manager Couzzo responded that the formula used from County taxes set the figures. Manager Couzzo noted that the Village of Tequesta residents were paying a disproportionate share in order to provide service to JIC and he wanted to be sure that did not continue. Mayor Paterno stated that he and the JIC May�r discussed equality and JIC residents paying the same amount for fire rescue. He noted that the JIC Mayor also felt the Colony was over charged for dispatch services from the Village. ADJOURNMENT: Council Member Turnquest moved to adjourn the meeting; seconded by Vice Mayor Humpage. The motion to adjourn carried unanimously 5-0; therefore the meeting was adjourned at 8:04 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.