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HomeMy WebLinkAboutMinutes_Regular_04/12/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES APRIL 12, 2012 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:33 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Arena, Council Member Abby Brennan, Council Member Steve Okun and Council Member Frank D'Ambra. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney Keith Davis, Clerk McWilliams and Department Heads. APPROVAL OF AGENDA MOTION: Council Member Brennan moved approval of the agenda; seconded by Council Member Okun; motion carried unanimously 5-0. PROCLAMATIONS Mayor Paterno presented the Water Conservation and Municipal Clerks' Proclamations. 1. Designating April as Water Conservation Month in the Village of Tequesta 2. Designating the Week of April 29 — May 5, 2012 as Municipal Clerk's Week PRESENTATIONS 3. Presentation of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending September 30, 2011 Mr. Michael Fudderman, Marcum Advisory Group, provided an in depth explanation of the audit process and reviewed of the CAFR and commended the Finance Department for their superior efforts and the fiscally responsible actions of the Village. CONSENT AGENDA MOTION: Council Member Brennan moved approval of the following consent agenda with Item 7 removed for discussion, seconded by Council Member Okun; motion carried unanimously 5-0. 4. MINUTES: 2/23/12 Special and 3/8/12 Regular S. Approval of Contracts Signed by Manager under $25,000 Minutes — Regular Council Meeting 4/12/12 Page 2 a. SP Behavioral, LLC and the Village of Tequesta Water Service Agreement to Provide Services for the Sandy Pines Residential Treatment Center Addition 6. Budget Amendments for FY 2011 -2012 ITEM REMOVED FOR DISCUSSION 7. Council Approval of an Engagement Letter with Marcum LLP to Perform Audit Services for the Village of Tequesta END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, suggested a standard be developed to address the appearance of residential landscaping. He noted repercussions experienced on his yard from neglect of his neighbors yard. Attorney Davis assured that new language would be addressed for residential landscaping and its proper upkeep. Jim Hill, Corner Caf6 289 US1, discussed the open deck at the restaurant, felt the tree was more of a hazard, and therefore made quick decisions. Attorney Davis explained that this item was approved with conditions and any changes would require Council approval. Manager Couzzo suggested changes in attempt to rectify the applicant's mistake. Consensus of Council agreed to allow the temporary conditional certificate of occupancy and advised the applicant they were required to return to Council for approval of the changes made. Jane Pike, introduced herself as a Republican Party Municipal Caucus System member and noted she and Calvin Turnquest would keep track of happenings within the Village. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra suggested the Easter Egg Hunt be open only to Tequesta residents due to the high number of attendees and then open the movie to anyone who wished to attend. Council Member Okun noted he would provide an update status on his branding program efforts. Minutes — Regular Council Meeting 4/12/12 Page 3 Council Member Brennan provided an update on the progress made on the GMH property (handout provided); noted the facility could open as soon as October; and commented on employment opportunities that would be available. Vice -Mayor Arena commented on the Bunny Hop and reminded Council the event was organized by the Baptist Church and only hosted at the park. Mayor Patemo provided two handouts — an article in Tequesta Magazine about living in Tequesta and an article from the Palm Beach Post regarding median home sale prices and Tequesta increases. 7. Council Approval of an Engagement Letter with Marcum LLP to Perform Audit Services for the Village of Tequesta Council Member D'Ambra noted he pulled the Rem for more focus and noted it was being recommended to renew the contract for five years without going back to the Audit Committee or placed out for bid. Discussion was held regarding the merits and background of the request. Mr. Fudderman, of Marcum, LLP, discussed costs, which included a reduction in fees since Village staff compiles the information packet. Council Member D'Ambra asked to see a cap on the CPI; Mayor Patemo suggested a 2% max to which Marcum, LLP agreed. MOTION: Council Member D'Ambra moved approval of item seven with a 2% CPI cap increase; seconded by Council Member Okun, motion carried unanimously 5-0. REGULAR AGENDA OLD BUSINESS 8. Ordinance 1 -12, Second 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 — (First Reading 3/8/12) Attorney Davis read Ordinance 1 -12 title into the record. Minutes — Regular Council Meeting 4/12/12 Page 4 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 Okun moved approval of Ordinance 1 -12 on Second Reading; seconded by Council Member Brennan; motion carried unanimously 5-0. 9. Ordinance 2 -12, Second 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. — (First Reading 3/8/12) Attorney Davis read Ordinance 2 -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 Okun moved approval of Ordinance 2 -12 on Second Reading; seconded by Council Member Brennan; motion carried unanimously 5-0. 10. Ordinance 3 -12, Second 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 — (First Reading 3/8/12) — Attorney Davis read Ordinance 3 -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 Brennan moved approval of Ordinance 3 -12 on Second Reading; seconded by Council Member D'Ambra; motion carried unanimously 5-0. Minutes — Regular Council Meeting 4/12/12 Page 5 11. Ordinance 4-12, Second 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 — (First Reading 3/8/12) 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. Mr. John Isleib, 561 N. Cypress Drive, asked if the codes were in addition to other restrictions and asked if the South Florida Water Management District had the authority to initiate fines in addition to the Village initiated fines. Attorney Davis noted the Village regulations and fines were separate and distinct from other entities. There being no other public comments, Mayor Paterno closed the hearing to the public. MOTION: Council Member Brennan moved approval of Ordinance 4-12 on Second Reading, seconded by Council Member Okun, motion carried unanimously 5 -0. 12. Ordinance 6 -12, Second 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 — (First Reading 3/8/12) Attorney Davis read Ordinance 6-12 title into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. Dottie Campbell, 30 Eastwinds Circle, reviewed the Gallery Square North landscaping history and voiced concern with the reference to "all" within the proposed ordinance. Attorney Davis explained there was a five -year window for compliance and that it would not change the percentage of landscape only types and how irrigated. There being no other public comments, Mayor Paterno closed the hearing to the public. MOTION: Council Member Brennan moved approval of Ordinance 6-12 on Second Reading, seconded by Council Member D'ambra, motion carried unanimously 5 -0. Minutes — Regular Council Meeting 4/12/12 Page 6 NEW BUSINESS 13. Conceptual Presentation to Council: Tequesta Commons to Discuss Proposed Planned Commercial Development on 6.03 Acre Site Located at 734 -736 U.S. One N. Mr. Troy Holloway, project architect, presented a comprehensive review of the proposed conceptual plan to Council. Council Member Okun asked that a rainwater harvesting system be included to which Mr. Holloway agreed. Council Member D'Ambra suggested optimizing the final design to include a pedestrian park like feel and noted he did not want vacant buildings. Council Member Brennan voiced concern with the parking garage; Mayor Patemo asked the applicants to be creative. Mr. John Isleib, 561 N. Cypress Drive, commented on the turn lane at Chase. 14. Ordinance 5 -12, First Reading Amending its Code of Ordinances at Chapter 14, Buildings and Building Regulations, to Update References to the Florida Building Code, the Standard Housing Code, the International Property Maintenance Code and the National Electrical Code; and to Adopt Local Amendments to Chapter 1 of the Florida Building Code; Further Repealing Certain Obsolete Code References to Fire Districts Attorney Davis read Ordinance 5-12 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 Okun moved approval of Ordinance 5-12 on First Reading, seconded by Council Member Brennan; motion carried unanimously 5-0. 15. Resolution 3 -12 Awarding Contract to Felix Associates of Florida, Inc. for the Tequesta Drive Drainage Improvements in the Amount of $373,175.00 and Increasing the FY 2011/2012 Storm Water Budget by Appropriating Fund Balance in the Amount of $43,175.00 Minutes — Regular Council Meeting 4/12/12 Page 7 Mr. Tom Jensen, Arcadis, advised Council they were looking at a May road closure and provided a handout showing the proposed re -route path and explained the roadway would be closed for approximately 150 days. MOTION: Council Member D'Ambra moved approval of Resolution 3-12; seconded by Vice Mayor Arena, motion carried unanimously 5 -0. 16. Council Approval of Hurricane Debris Disposal Contract Renewal with Phillips & Jordan, Inc. MOTION: Council Member Brennan moved approval of Item 16, seconded by Council Member Okun, motion carried unanimously 5-0. 17. Resolution 5 -12 Appropriating Fund Balance and Increasing the General Fund 2011 -2012 Budget in the Amount of $75,000 to Fund Additional Part-time Police Department Salaries — Police Chief Pitocchelli [TAB 17 - backup to follow] MOTION: Council Member Brennan moved to table Resolution 5 -12 to time uncertain; seconded by Vice -Mayor Arena; motion carried unanimously 5-0. 18. Council Discussion and Appointment of Members to Various Governmental Committees and Designation of Voting Delegate and Alternates to the Palm Beach County League of Cities, Inc., Council reviewed and appointed members to the various governmental committees: Palm Beach County League of Cities Representative — Mayor Paterno Alternate —All Council Palm Beach Countywide Coastal Council Representative — Council Member D'Ambra Alternate — Vice -Mayor Arena Loxahatchee River Management Council Representative — Vice -Mayor Arena Alternate — Council Member D'Ambra PBC Intergovernmental Council Representative — Council Member Brennan Alternate — Vice -Mayor Arena Minutes — Regular Council Meeting 4/12/12 Page 8 North County Intergovernmental Coordination Representative — Vice -Mayor Arena Alternate — Council Member Okun Northern Palm Beaches Cultural Alliance Representative — Council Member Brennan Alternate — Debra Telfrin Northern Palm Beach Chamber Representative — Mayor Paterno Alternate — Council Member Okun Jupiter Inlet Workgroup Representative — Mayor Paterno Alternate — Vice -Mayor Arena 19. Council Discussion and Action on Frank D'Ambra, Public Safety Pension Board Member, Council Appointee Continuing to Serve as Council Appointee in Ex- Officio Capacity Per Section 2-33 of the Village Code MOTION: Council Member D'Ambra moved to advertise for the Pension Board vacancy and pending Council approval of a satisfactory replacement Council Member D'Ambra would resign at that time, seconded by Council Member Okun, motion carried unanimously 5 -0. 20. Council Approval of Proposal by Corbett and White to Provide a Comprehensive Code of Ordinances in the Amount of $25,000 to be Completed no later than December 31, 2013 Council discussed having Community Development provide information on reasons businesses were not approved and the need to capture all contact information, including those who were turned away, in order to determine what types of use they wished to bring to the Village. MOTION: Council Member Okun moved approval of Item 20 to include setbacks/heights as a priority, inclusion of business friendly verbiage in the Code, and including Community Development as one - stop - shopping; seconded by Council Member Brennan, motion carried unanimously 5-0. STANDING REPORTS • Village Attorney Minutes — Regular Council Meeting 4/12/12 Page 9 Attorney Davis provided an update on the IG funding mediation and advised Council was welcome to attend the mediation; however, it was not open to the public. • Village Manager - None ANY OTHER MATTERS Mayor Paterno noted Jupiter Councilman Todd Wodraska would be installed as the Palm Beach County League of Cities President on May 25. He distributed a request from a local artist offering to paint the Village Hall bollards. He commented on the distribution date for the agenda packet. Vice -Mayor Arena suggested registering boats, at no cost, within the Village in order to provide communication to the owners, hold quarterly informational meetings and include information in the Smoke Signals. Council Member D'Ambra and Mayor Paterno did not support the boat registering process. Council Member Okun attended a HOA meeting and commented on the Village's no- solicitation code. He suggested the police non - emergency number be included in an informational piece to residents and in the next Smoke Signals. He suggested distributing self- adhesive phone stickers instead of magnets and Council agreed. ADJOURNMENT Council Member Okun moved to adjourn the meeting, seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 5 -0; therefore, the meeting was adjourned at 9:40 p.m. Respectfully submitted, 0 cu n " - UE UaiM 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.