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HomeMy WebLinkAboutMinutes_Regular_03/08/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES March 8, 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 Assistant to the Clerk Deanna Mayo. Present were: Mayor Tom Paterno, Council Member Abby Brennan, Council Member Jim Humpage and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Assistant to the Village Deanna Mayo and Department Heads. Vice Mayor Vince Arena was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Humpage provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Humpage moved approval of the agenda, seconded by Council Member Brennan; motion carried unanimously 4-0. 1. Presentation of Appreciation to Nicole Giddens, Good Shepherd 2" Grader, for her Beautiful and Flawless Delivery of the National Anthem during the February 2012 Palm Beach County League of Cities Luncheon Mayor Paterno thanked Nicole Giddens and offered a personalized token of appreciation. 2. Presentation of Appreciation to Council Member Humpage for his Dedicated and Devoted Service as Tequesta Council Member (3111104 — 318112) and Mayor (3/10105 — 316108) Council Member Brennan voiced appreciation for all she had learned from Council Member Humpage and for all he had accomplished on the Council. Mayor Paterno and Council Members expressed gratitude toward Council Member Humpage for his years of service. Council Member Humpage thanked everyone associated with the Village. 3. Presentation of Appreciation to Council Member Turnquest for his Dedicated and Devoted Service as Council Council Member (3122107 — 318112) and Vice -Mayor (3105108 — 311 2105) Council Member Brennan showed gratitude toward Council Member Turnquest for the example he had shown as a Council Member. Mayor Paterno & Council expressed thanks to Council Member Turnquest for his support and commitment. Council Member Minutes — Regular Council Meeting 3/08/12 Page 2 Turnquest thanked his fellow Council Members, the Village and residents and noted his future plans. Meeting recessed at 6:20 p.m. and reconvened at 6:31 p.m. Dave Bertholf, 6382 SE Bay Hill Drive, stated he was pleased with Tequesta and all which Council Member Humpage had contributed. He commented that Council Member Humpage had always gone above and beyond and held a strong view in his role as a public servant. Marcia Nielson, 94 Beechwood Trail stated her pride for the Village Council as a whole. Attorney Davis added item 6a to discuss Inspector General Settlement. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Tumquest, motion carried unanimously 4 -0. 4. MINUTES: 1/26/12 Special Meeting and 2/9/12 Regular Meeting 5. Per Village Ordinance we are Presenting the Following Agreements, Proposals, Commitments and Memorandum of Understanding to Council: a. Palm Beach County and the Village of Tequesta Inter -local Agreement to Access the County's Dialogic Geographic -based Alert and Notification System 6. Approval of EMS Inter4ocal Agreement with Palm Beach County for Two (2) Laryngoscopes COMMUNICATIONS FROM CITIZENS Pastor Paul Beresford, 312 River Drive, thanked Council Members Turnquest and Humpage for their time served on Council, their visions and friendship. COMMUNICATIONS FROM COUNCIL Council Member Brennan thanked Brad Gomberg for all he did for the Village within his position through the IT department. Mayor Patemo voiced appreciation to attendees and staff. Minutes -- Regular Council Meeting 3/08/12 Page 3 REGULAR AGENDA OLD BUSINESS None NEW BUSINESS 6a. Council Action Regarding Inspector General Lawsuit Payment Attorney Davis noted litigation actions and suggested Tequesta pay the (onetime payment) settlement amount of $2,700 suggested by the County. MOTION: Council Member Tumquest moved approval of paying $2,700, seconded by Council Member Humpage; motion carried unanimously 4-0 7. Site Plan Modification 1 -12 Application of OZ of Tequesta, Inc. to Install Two (2) 6 Feet X 8 Feet Storefront Windows to Existing Store Located in the Gallery Square North. Address of Proposed Modification is 387 Tequesta Drive Attorney Davis noted item seven and swore in eight persons for items 7, 8 & 9. He then asked Council for exparte communications. Council Member Tumquest - none Council Member Humpage - holds a contract with Oz as the electrical contractor & visited the medical building site Council Member Brennan - visited the site of the Coffee Lounge and spoke to the manager Mayor Paterno - spoken to Dottie Campbell, visited coffee shop MOTION: Council Member Humpage moved approval of SPM 1 -12 on Second Reading, seconded by Council Member Tumquest; motion carried unanimously 4 -0. 8. Site Plan Modification 2 -12 Application of 851 N. US Highway 1, LLC to Revise Previously Approved Plan to Construct a 3,999 Square Feet Medical Building. The Application Includes a Proposed Landscape Plan and One (1) Monument Sign. Address of Proposed Site Plan is 851 N. US Highway 1. Attorney Davis offered details pertaining to the application. Minutes — Regular Council Meeting 3/08/12 Page 4 MOTION; Council Member Brennan moved approval of SPM 2 -12, seconded by Council Member Humpage; motion carried unanimously 4-0. 9. Variance 3 -12 Consideration of Request for Variance from the Requirement of Sec. 78-298 to Allow Tequesta Coffee Lounge to Sell Intoxicating Liquors, Wines and Beverages for Consumption on the Premises within a 600 +/- Foot Radius of any Church, School or Youth Center, where Sec. 78 -298 Currently Allows for such Sale only at a 1,000 Foot Radius or great from any Church, School or Youth Center. Property is Located in the C -1 Zoning District at 384 Tequesta Drive, Tequesta. Applicant is Harald Hartmann. Attorney Davis briefly explained item 9. Cyrese Colbert, 11663 Banyan Street, Palm Beach Gardens inquired about the mention of alcoholic beverage sold. Attorney Davis responded that the verbiage was taken from code and the applicant would only offer beer and wine. Harald Hartmann, Applicant, stated he would not sell alcoholic beverages to go. MOTION; Council Member Humpage moved approval of Variance 3-12 with contingency upon alcoholic beverages consumed on premises only, seconded by Council Member Brennan, motion carried unanimously 4-0. 10. Ordinance 1 -12, First Reading, Providing for the Re- zoning of Certain real Property within the Corporate Limits of the Village of Tequesta, FL; which Property Consists of One Point Seven (1.7) Acres, More or Less, of Land Recently Acquired by the Village Located at 479 Seabrook Road; Providing that the Real Property which is more Specifically Described herein shall be Re -zoned as "R/OP — Recreation /Open Space District" Attorney Davis read Ordinance 1 -12 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. MOTION; Council Member Tumquest moved approval of Ordinance 1 -12 on First Reading, seconded by Council Member Humpage; motion carried unanimously 4 -0. Minutes — Regular Council Meeting 3/08/12 Page 5 11. Ordinance 2 -12, First Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article I. In General. Sec. 78-4. Definitions. By Creating an Entirely New Definition for "Place of Assembly'; and Article VI. Schedule of District Regulations. Division 2. Schedule of Use Regulations. By Adopting Regulations for Assembly Uses in each of the Village's Various Zoning Districts; and Article X. Off - street and On- street Parking and Loading Regulations. Sec. 78 -705. Required Number of Parking Spaces. By Adopting Parking Regulations for Assembly Uses; and Article XI. Signs. Sec. 78 -740. General Restrictions; Maximum Size and Number of Signs. By Adopting Sign Regulations for Assembly Uses in Residential Zones Attorney Davis read Ordinance 2 -12 title into the record. Mayor Paterno opened the public hearing to Council for comments. Council discussed Ordinance language. Mayor Paterno opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Brennan moved approval of Ordinance 2 -12 on First Reading with the reference to capacity of persons removed, seconded by Council Member Tumquest; motion carried unanimously 4-0. 12. Ordinance 3 -12, First Reading, Amending the Village Code of Ordinances at Chapter 74. Utilities. At Article II. Water Service. Division 3. Water Conservation and Regulation. By Repealing this Division in its Entirety and Reserving it for Future Use Attorney Davis read Ordinance 3 -12 title into the record and noted that Ordinance 3 -12 was companion to Ordinance 4 -12. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 3 -12 on First Reading, seconded by Council Member Tumquest; motion carried unanimously 4 -0. 13. Ordinance 412, First Reading, Amending its Code of Ordinances at Chapter 50. Natural Resource Protection. By Adopting Water Shortage Regulations and Year Round Landscape Irrigation Regulations; Providing for Enforcement; Providing for Variances and Exceptions Minutes — Regular Council Meeting 3/08/12 Page 6 Attorney Davis read Ordinance 4 -12 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 4 -12 on First Reading, seconded by Council Member Tumquest; motion carried unanimously 4 -0. 14. Ordinance 6 -12, First Reading, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article IX. Supplemental Regulations. Division 4. Landscaping. By Repealing this Division in its Entirety and Re- adopting it to Provide "Florida Friendly Landscaping" Requirements throughout the Village, and to Provide Additional Landscaping, Irrigation System and Tree Maintenance Requirements on all Properties throughout the Village Attorney Davis read Ordinance 6 -12 title into the record and explained new changes. Mayor Paterno opened the public hearing to Council for comments. Council discussed Ordinance 6 -12 additions and options in depth. Marcia Nielson, 94 Beechwood, felt this Ordinance offered the Village an opportunity to shine and too involve residents. She suggested holding Village wide contests. Frank D'Ambra III, 23 Leeward Circle, voiced concern for unincorporated areas not being included into this ordinance. Attorney Davis stated that the County had not adopted this ordinance but, once adopted the person under ordinance would have five years to comply. Harold Taylor, 13 Chapel Court, inquired if the ordinance would address persons not maintaining property. Attorney Davis quoted the code and stated that the code did address neglect. Steve Okun, 12 Bayview Terrace, asked if rain water harvesting would be a provision. Manager Couzzo stated it was not a component of the consumptive use permit. Council Member Humpage suggested rain water harvesting be considered in an incentive program. Minutes -- Regular Council Meeting 3/08/12 Page 7 Cyrese Colbert, 11663 Banyan Street, ask for clarification on the compliance time frame and the Villages plans for implementation for residential and commercial. John Isleib, 561 North Cypress Drive posed who would interpret what was acceptable. Mr. D'Ambra asked if limiting water use would create a need for the Village to raise water rates. Council Member Humpage noted that most irrigation systems ran off wells, not Village water. Mayor Patemo closed the public hearing. MOTION: Council Member Humpage moved approval of Ordinance 6-12 on First Reading with the incentive language deleted and future re- developed of incentives completed in the future by Council's preference, seconded by Council Member Tumquest; motion carried unanimously 4-0. 15. Resolution 4 -12 Adopting a Revised Land Development Application and Filing Fee Schedule as Provided by Sec. 62 -181 of the Village Code of Ordinances Attorney Davis read Resolution 4 -12 title into the record. MOTION: Council Member Tumquest moved approval of Resolution 4-12; seconded by Council Member Brennan; motion carried unanimously 4-0. 16. Council Discussion and Consideration of Submitting a Council Nomination to Serve on the 2012 -2013 Palm Beach County League of Cities Board of Directors (slate of officers to be announced on 3128/12 by the League) Mayor Patemo offered to serve. Consensus of Council was in agreement. 17. Discussion and Update on Paradise Park Council discussed their support regardng purchase of the Paradise Park property and their concern for Mr. Zuccarelli's (property owner) dealings with an interested party. Mr. Zuccarelli voiced his interest in the property remaining a park and disclosed that the interested group required a structure being built on the property which would be a larger project for him and not as appealing. Minutes — Regular Council Meeting 3/08/12 Page 8 Marcia Nielson, 94 Beechwood, suggested placing the venture on referendum for public interest. Frank D'Ambra recommended holding a public hearing to get residents input and suggested a financing plan. Harold Taylor, 13 Chapel Court, inquired if the property could be purchased in segments. Mr. Zuccarelli responded that was not an option and encouraged the Village to meet with him within the next 30 days to discuss options. Consensus of Council directed Manager Couzzo to work with Mr. Zuccarelli regarding negotiations from Tequesta on a purchase price. Council Member Humpage suggested a workshop be held within 2 weeks, to include two Council Members elect. 18. Discussion and Action on Additional Funding for Busch Wildlife Sanctuary Council Member Humpage suggested the unused election funds be offered to Busch Wildlife as a charitable contribution. MOTION: Council Member Tumquest moved approval of appropriating $9,600 of unused election funds as contribution for donation from Council to Busch Wildlife; seconded by Council Member Humpage; motion carried unanimously 4 -0. Dottie Campbell supported the donation. STANDING REPORTS Village Attorney Attorney Davis explained a county wide lobbyist ordinance going into affect. He noted Tequesta could approve an ordinance to pre -empt the County ordinance and, suggested the progress of the ordinance continue to be followed. Villaue Manager Manager Couzzo highlighted budget anticipations and present budget conditions. ANY OTHER MATTERS Manager Couzzo explained existing issues with the Corner Cafe' and their non compliancy to approved original plans. He asked Council for their input and desired remedy. Minutes — Regular Council Meeting 3/08/12 Page 9 MOTION: Council Member Turnquest moved to site the applicant, correct issues, no temporary Certificate of Occupancy (CO) given, seconded by Mayor Paterno; motion carried 3 -1 with Council Member Humpage dissenting. ADJOURNMENT Council Member Turnquest moved to adjourn the meeting, seconded by Council Member Humpage. The motion to adjourn carried unanimously 4 -0; therefore the meeting was adjourned at 9.50 p.m. Respectfully submitted, Deanna Mayo Assistant to the 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.