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HomeMy WebLinkAboutMinutes_Special Meeting_01/26/2012 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 Patemo at 3:00 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. Approve Agenda MOTION: Council Member Humpage moved approval of the agenda; seconded by Vice Mayor Arena. Motion carried unanimously 5 -0. 1. Discussion on Boat Dockage Specific to Canals 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 be out 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 that DEP allowed them to take up 25% of the canal. Currently there were many people wanting permits, which could not be issued because of the code. Chief 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 would remain until repaired or sold. Discussion ensued. Chief Weinand advised that for an 85 -foot lot, one would have 17 feet off the property lines. Vice Mayor Arena commented no one could moor on the outside of a boat lift that was outside the dock. He suggested placing in the code that boats cannot be anchored or Minutes — Special Meeting 1/26/12 Page 2 moored. Attorney Davis commented the 2011 language was in conformance with State statutes said 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 is located in an approved mooring area or dock and with the consent of the owner. He advised that the Village could not regulate live - aboard boats. Vice Mayor Arena commented 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 turn boats around. Chief Weinand explained 25 feet was for those on the river who had riparian rights, and canals did not have riparian rights. Chief Weinand commented Council's 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 Paterno 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. Specific 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 lights because they would shine into homes. 2 Discussion on Setbacks for Residential Construction Council Member Brennan explained there are homeowners tearing down the old homes and replacing with much larger structures Eaves are encroaching, leaving only 5 feet between the homes. Village Attorney Davis advised that Palm Beach Shores is an example of a community which had these issues. They hired a planning consultant and spent a year coming up with a new code for single family homes that addressed all the setbacks, lot coverage and height that impacts one another. They ended up with a Minutes -- Special Meeting 1/26/12 Page 3 code that addressed how a new two -story house could be built with ratios of first floor versus second floor, lot coverage, etc., and is a workable, good code. Their code allows a new house of approx 3800 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, there is a 10 foot setback on each side and on Tradewinds it is 7.5 feet. Village Manager Couzzo reported he had lunch with Gary Van Brock, a local developer, and seamed this absolutely has the potential to lower the property values. Discussion ensued. The Manager suggested getting a copy of the Palm Beach Shores ordinance and providing copies to Council to review and decide what they want to consider. Council Member Brennan noted balance was needed to maintain the integrity of current residents while welcoming the new ones. 3. Discussion on Increasing the 20% Outdoor Seating Limit at Local Businesses Vice -Mayor Arena suggested 30% outdoor seating to let 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 alternatives for Council to consider. 4. Discussion on Increasing the Number of Special Event Permits Allowed for Businesses Vice -Mayor Arena recommended increasing the number special 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 permits and garage sale permits, which were currently lumped together. He commented the Village didn't need to know what the person was going to do with their garage sale funds. Chief Weinand was asked to provide language to separate commercial from garage sale permits. 5. Discussion on Costs Relating to Special Exceptions Vice -Mayor Arena commented a lot of the costs could be contained if zoning were changed to eliminate a lot of special exceptions. He asked for a meeting with mini mall managers to see what types of businesses were asking for space. He wanted to go the extra mile to help businesses expand. He noted that Corner Cafe had been required to do a traffic survey and spend $2,000 just to put five tables in. Manager Couzzo suggested amending special exception criteria so that if after staff review, on a case -by- case basis, they determined there was a need for a traffic impact study, then it could be Minutes — Special Meeting 1/26/12 Page 4 required. After staff review it could be presented to the Planning and Zoning Board for their opinion. Vice Mayor Arena commented he wanted to make Tequesta a novelty type Village with such unique attractions as rooftop seating at Tequesta Brewery. He suggested a produce store with outside stands like the old ones. He advised he wanted to offer something different, and urged Council to think outside the bubble on things they have seen other places that would go well here. He pointed out that Parks and Recreation was doing things no one else did, and Council could do the same with individual businesses. Council Member Brennan commented this went back to the special exception issue, because if a business had t spend thousands of dollars this wouldn't happen. She suggested considering boutique type businesses that Tequesta had not allowed in the past that might be a good fit. Chief Weinand indicated he would provide a synopsis for the Council meeting on the types of businesses that had wanted to come to the Village, and why they couldn't get in. Mayor Paterno felt having more professional businesses that were more sustainable, like the new engineering firm, would be good since there would be professional people and their families who would shop and eat in Village restaurants. He wanted things to be on the quieter side. Vice Mayor Arena explained that the rooftop seating at Tequesta Brewery would not be loud --it would only be casual drinking with no bands, no music. Council Member Humpage commented they would need to look at safety and other issues. Council Member Brennan felt strategic planning was necessary for what Tequesta wanted to be. She commented in order to service the businesses, they needed brewery type places, and it could be a combination of professional businesses and entertainment. Council Member Humpage placing a notice on the Village website to survey residents on the types of businesses they would like that were not currently here. Frank D'Ambra, 23 Leeward Circle, stated we needed to bring in the types of businesses that would provide meaningful business and quality employment opportunities to the Village. He noted there were neat opportunities to consider and economic opportunities that could possibly be piggybacked. He suggested looking at land space and talking with developers and landowners about creating opportunities for major employers in order to create a meaningful strategic approach. 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 commented 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. The Mayor urged in situations like this to talk about what could be done. Vice Mayor Arena asked about changing the 1,000 feet for alcohol to 500 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. Minutes — Special Meeting 1/26/12 Page 5 Consensus of Council agreed to leave the alcohol provision as is. 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 Attorney 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 to be applied. It was pointed out the Town of Jupiter had 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 would be less. Any Other Matters Council Member Humpage commented on the need to revisit the 25 -foor setback on both sides of corner lots. Mayor Paterno reported he had had complaints about three boats in a resident's yard that were visible far above the fence line and shrubbery. It was noted the resident had two years for the shrubbery to grow from when it was planted. Discussion ensued regarding fencing, and effective screening. Mayor Paterno commented people are approaching him about cleaning up after their dogs. Council Member Tumquest 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 Officer Petrick explained people waited to be cited and then cleaned up. Vice Mayor Arena commented that fences should be wood, not chain link, considering screening on four sides, and suggested allowing only two trailerable items. Council Member Humpage recommended deleting from code the word "effectively" and replace with "screened from view". Mayor Paterno noted you shouldn't be able to see the gunnel or any of the fiber glass. The Village Manager reported on the following items: There had been requests for the police blotter to be back online. 2. Bridge maintenance would take place that night. 3. The Bridge Landscape Committee had decided to permanently remove the pots from the bridge. 4. 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 traffic is now going through Little Club. 5. The Village was working with a turbine Minutes — Special Meeting 1/26/12 Page 6 company on a location for testing of their engines. Council Member Humpage provided an update. 6. On the GMH project, roofers were now on the job; in the end the roof must comply with the current code. 7. The Inspector General's office had met with legal counsel and now wanted to negotiate a. Attorney Davis settlement and sit with cities and come up with 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. There would also be definition; the Village will only be the collector of the fee and it would be transferred to the county. Attorney Davis advised the language needed to be in the contracts. Mayor Paterno disclosed he had been invited to the engineering firm's Christmas party and he and Manager Couzzo had attended. Adjournment Council Member Humpage moved to adjourn the meeting at 5:04 p.m.; seconded by Vice Mayor Arena, 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 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.