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HomeMy WebLinkAboutMinutes_Regular_06/14/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING JUNE 14, 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 Patemo, 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, Village Clerk McWilliams and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member D'Ambra provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA & CONSENT AGENDA MOTION: Council Member Okun moved approval of the Agenda and Consent Agenda with the exception of item 5 removed for discussion and a stipulation on item 2 that the gifted train station and bench from Tequesta be acknowledged by the Guild through a plaque at the new site, seconded by Council Member Brennan, motion carried unanimously 5-0. 1. MINUTES: 4/18/12 Workshop, 5/1/12 Special, 5/10/12 Regular Minutes 2. Approval to Return the Historical Bench from the Old Seabrook Train Depot to the Loxahatchee Guild 3. Approval of First Addendum to Rooftop Lease Agreement between Ocean Towers South Condominium Association, Inc. and the Village of Tequesta 4. Resolution 10 -12 Awarding a Contract to Wynn & Sons Environmental Co. Inc, of Florida for the River Drive & El Portal Road Improvements and Increasing the Fiscal Year 2011/2012 Public Works Budget by Appropriating Fund Balance in the Amount of $23,503.00 6. Council Approval of Tequesta Park Kiwanis Signage 7. Resolution 12 -12 Approval to Pay an Invoice from the State of Florida Division of Emergency Management in the Amount of $17,340.01 and Appropriate Fund Balance in the Amount of $6,955.00 Minutes — Regular Council Meeting 6/14/12 Page 2 END OF CONSENT AGENDA 5. Council Approval to Co- Sponsor Tequesta Fire Outreach Project Chili Cook -Off and Beer Tasting Event to Raise Funds for Honor Flight (75 %) and Friends of Public Safety (25 %) on November 10, 2012 from 2:00 p.m. — 6:00 p.m. at Paradise Park Attorney Davis noted procedure for voting conflict regarding item 5 and Council Member Brennan being associated through the board. Manager Couzzo noted that Mr. Zuccarelli, the owner of the property offered to pay for the insurance necessary for the event at an approximate cost of $500 to $1,000 dollars. MOTION: Council Member Okun moved approval of the Event, seconded by Vice Mayor Arena; motion carried unanimously 4-0, Council Member Brennan abstained. COMMUNICATIONS FROM CITIZENS Ms. Pat Sands, 383 Franklin Road stated that the home at 380 Church Road continued to be a problem site with animals on the property and persons breaking in. Gabriella Gallina, 376 Church Road also voiced her knowledge on the predicament at 380 Church Road and noted there was an infestation of snakes and an issue with mold. Manager Couzzo responded that staff had begun securing, cleaning and posting no trespassing at the property and pool. He noted that there were no plans to demolish the home. Council Member Okun noted his concern for the snake infestation. Manager Couzzo responded that the over grown vegetation and neglected pools attracted animal and confirmed that would all be addressed. Attorney Davis explained procedures regarding condemning a home. Manager Couzzo noted the process to condemn was lengthy and costly and not always possible if the building was structurally sound. Eugene Gallina, 376 Church Road noted that the house had been empty for four to five years in an abandoned condition. Consensus of Council was for Manager Couzzo to visit the site tomorrow to evaluate and take immediate action. Minutes — Regular Council Meeting 6/14/12 Page 3 John Isleib, 561 North Cypress Drive stated the GMH property landscaping was blocking the view. Manager Couzzo responded that the Village was aware of the plantings and it would be addressed. Mr. Isleib voiced his concern regarding TOA leasing in another town and felt that Tequesta should make more of an effort to encourage business for Tequesta businesses as it was just as important as the residential portion of the Village. Mayor Paterno responded that the Village had been very supportive to TOA and was disappointed of their decision to lease outside of Tequesta. He noted that many options were offered to TOA in the effort to make them contented to lease in the Village. Mayor Paterno suggested that Manager Couzzo look into the assets that could be positioned into commercial incentives to do business in the Village and bring it back to Council. COMMUNICATIONS FROM COUNCIL Council Member Brennan noted that she had been approached by persons expressing their gratitude for working and living in the Village and for Village staff. Mayor Paterno commented on staffs hard work and the approximate 50% increase of email subscriptions for Smoke Signals publication. REGULAR AGENDA OLD BUSINESS 8. Ordinance 7 -12, Second Reading, An Ordinance of the Village Council Amending Its Code of Ordinances at Chapter 76. Waterway Control. by Amending this Chapter to Update and Revise Regulations for the Construction, Erection, Installation, Use and Maintenance of Marine Structures Including Docks, Piers, Mooring Devices, Boatlifts and Similar Structures; Providing Separate and Distinct Regulations for such Structures Located on Canals, Versus those Located on the Loxahatchee River or Intracoastal Waterway; Providing Definitions; Providing that each and every other Section and Subsection of Chapter 76. Waterway Control. Shall Remain in Full Force and Effect as Previously Adopted — (First Reading May 10, 2012) Attorney Davis read Ordinance 7 -12 title into the record and noted that the marine engineer retained for the item offered a great review. 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. Minutes — Regular Council Meeting 6/14/12 Page 4 MOTION: Council Member Brennan moved approval of Ordinance 7 -12; Council Member Okun seconded the motion; motion carried unanimously 5-0. NEW BUSINESS 9. WITHDRAWN BY APPLICANT - VAR 4-12. Consideration of request for variance from the requirement of Sec. 78 -298 to allow the restaurant located at 150 N. U.S. Hwy. 1 #11 -13, Tequesta, Florida., 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. 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 M -U Zoning District. The applicant is David Hanes. Item was withdrawn from agenda. 10. VAR 5 -12, Consideration of request for variance from the requirement of Sec. 78 -740 to allow a freestanding identification sign, with a zero (0') feet setback, for Hannah's Home of South Florida, Inc. located at 4390 County Line Road, Tequesta, FL. The property is located in the R -1 Zoning District. The applicant is Ramsay Bulkeley for Hannah's Home of South Florida, Inc. Attorney Davis read VAR 7 -12 title into the record and swore in two persons involved in VAR 5 -12 and SPM 05 -12. He then asked Council for any ex parte communications. Mayor Paterno noted that VAR 5 -12, Pastor Paul and Carol Beresford were neighbors of his and he had attended fundraisers for Hannah's Home, and that he had visited the GMH site (SPM 05 -12) and spoken to persons regarding the project's progress. Nilsa C. Zacarias, Director of Community Development offered a brief history of Hannah's Home. James Hackett, Representative for Hannah's Home noted that a master plan would be submitted in the near future and explained the variance request. Mayor Paterno noted Village procedure relating to the specific signage concern. MOTION: Council Member Okun moved approval of VAR 5 -12, Council Member D'Ambra seconded the motion, motion carried unanimously 5-0. 11. WITHDRAWN BY APPLICANT - SE 01 -12 Request for a Special Exception in accordance with the Village Zoning Code to allow a restaurant use (including carry out) in the MU zoning district as provided in Sec. 78 -180. The applicant is David Hanes. The subject property is located at 150 N. U.S. Hwy. # 1, #11 -13, Tequesta, Florida. Minutes — Regular Council Meeting 6/14/12 Page 5 12. SPM 05 -12 Site Plan Modification SPM 05 -12. Application of. GMH Tequesta Holdings LLC to revise previously approved plan to utilize an existing 118,716 square feet three - story building and adjacent grounds as a Rehabilitation Facility. The application includes a proposed landscape plan, and one (1) monument sign. The address of the proposed site is plan is 701 Old Dixie Hwy. Nilsa C. Zacarias, Director of Community Development offered a brief description of SPM 05- 12. Council Member Brennan questioned light poles differing from the original accepted plan. Ms. Zacarias explained that the new lighting was more in character for the residential area. She also noted that the Council approved security plan had been amplified. Council Member D'ambra voiced his understanding that the approved lighting was sufficient. Manager Couzzo responded that GMH felt they have improved on the design; therefore resubmitted the modification to the lighting. Council Member Brennan expressed her feelings that GMH had avoided answering specific questions relating to the project which she would like to be sure were answered and completed before Certificate of Occupancy (CO) was concluded. Mayor Paterno asked Ms. Zacarias to be certain these items were addressed. Manager Couzzo stated that Council should re- address the capability of the generator for the facility to be sure it was adequate in the event of a power outage. Council Member D'Ambra suggested GMH return to council to discuss the item. Mayor Paterno noted that there were discrepancies and they must be clarified. Attorney Davis stated what was approved was adequate and did comply with Village code requirements. Mayor Paterno felt a larger generator would come with issues regarding the amount of gas to be on the premises. He stated the main concern was that no one was in danger with this system. Council Member Brennan suggested that the facility was for persons checking themselves in for treatment and the power issue should be disclosed by the facility and not the Village. MOTION: Vice Mayor Arena moved approval of SPM 05 -12, Council Member D'ambra seconded the motion, motion cauied unanimously 5-0. 13. RESOLUTION 13 -12, Authorizing the Mayor of Tequesta to Sign an Interlocal Agreement with Palm Beach County, Pursuant to Sec 163.01 and Sec. 171.046, F.S., for the Annexation of Three Enclaves Consisting of Five Parcels Totaling Less than Ten Acres Minutes — Regular Council Meeting 6/14/12 Page 6 Attorney Davis read Resolution 13 -12 by title. Mayor Paterno shared that an email was received from a resident believed to reside at 4480 County Line Road who opposed the annexation of their property. Nilsa C. Zacarias, Director of Community Development noted the annexation procedures which had taken place up to the present date. She also shared verbalized concerns and questions from outside persons. Mayor Paterno voiced his understanding that the residents welcomed the annexation since they were not satisfied with the service they were receiving at present from the County. Ken Mortensen, 4534 County Line Road expressed his understanding that his address was being disowned by Palm Beach County. Mayor Paterno responded that the County felt the area would be better served by Tequesta. MOTION: Council Member D'Ambra moved approval of Resolution 13 -12, Council Member Okun seconded the motion; motion carried unanimously 5-0. 14. Council Discussion on New Shoreline Plan for JILONA (Jupiter Inlet Lighthouse Outstanding Natural Area) Mayor Paterno offered details of what JILONA was presenting. MOTION: Council Member Okun moved approval of the submitted plan from JILONA; Vice Mayor Arena seconded the motion; motion carried unanimously 5-0. 15. RESOLUTION 14 -12, Appropriating Fund Balance and Increasing the General Fund $28,420 to Provide for the Funding of an Expansion of the Current ALPR in Patrol Unit 237 Attorney Davis read Resolution 14 -12 by title. Manager Couzzo explained that the item was to outfit the new police department vehicle. He noted appropriations to the current budget that affected its bottom line. Council Member D'Ambra inquired about the importance of the upgrade to the patrol unit. Manager Couzzo explained that the ALPR (Automated License Plate Recognition) offered a surround video which recognized all licenses plates and allowed officers knowledge of any known problems linked to plates. Mayor Paterno added that this tool would assist Tequesta Police Department with being proactive but, noted that the money was not within the present budget. Minutes — Regular Council Meeting 6/14/12 Page 7 Council Member Brennan voiced her concern with the expense to the present budget. Ms. Sands, seasonal resident, suggested the Village invite John Walsh to promote his new device regarding children safety and incorporate it in a fund raiser to assist with the purchase of the ALPR. MOTION: Vice Mayor Arena moved approval of Resolution 14 -12, Council Member Okun seconded the motion, motion carried 3 -2 with Council Members Brennan and D'Ambra dissenting. STANDING REPORTS • Village Attorney Attorney Davis noted that municipal attorneys would meet tomorrow regarding the Inspector General (IG) funding litigations. He noted that the dock and waterway ordinance was in great shape and he would begin focusing on updating the Village code book beginning with the elections section by request of the Village Clerk. Village Manager Manager Couzzo reported that Tequesta's newest police vehicle and its superior technology had received television recognition. He noted his budget preparations were 90% complete and that a staff reduction of ten percent was planned for the police department. Manager Couzzo expressed his belief that fund balance reserve would exceed last year's figure and commented that health insurance would be a big variable which, he had not however received the renewal figures. ANY OTHER MATTERS The most recent news story of the police department's high tech vehicle was presented for Council's viewing. Council agreed on July 9 to meet regarding the Managers budget numbers. Manager Couzzo offered to meet personally with each member in lieu of a meeting. Tax revenues and annexations outlook was briefly discussed. Mayor Paterno requested that Manager Couzzo offer an updated annexation report at each meeting. Council Member Okun questioned upcoming maintenance of the Village roadways. Manager Couzzo responded that a complete engineering study had been performed on the Village roads and water system, with nothing pressing; therefore money was not in the current budget for such items. Minutes — Regular Council Meeting 6/14/12 Page 8 Mayor Paterno expressed his desire of utilizing students for volunteer work in hopes to help them with future career decisions. Manager Couzzo supported the idea; although, he pointed out that limited staff had heavy workloads and no time to take on more and noted that the Village had ten percent less staff now than they did ten years ago. 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 8:50 p.m. Respectfully submitted, �ACt. m - 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Brennan, Abigail Village of Tequesta MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 23 Tradewinds Circle WHICH I SERVE IS A UNIT OF CITY COUNTY QCITY E] COUNTY [:]OTHER LOCAL AGENCY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: Village of Tequesta DATE ON WHICH VOTE OCCURRED MY POSITION IS: June 14, 2012 Q ELECTIVE APP O I VF- RECEIVED WHO MUST FILE FORM 813 *JUN 1. J 2012 VILLAGE CLERKS OFFICE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained), to the special private gain or loss of a relative, or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). x ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. z APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) - f APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST A Br , hereby disclose that on dune 14, 20 12 (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained, or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Pursuant to Palm Beach County Code of Ethics Ordinance Section 2 - 443 (a) (7) 1 am an unpaid officer on the Board of The Friends of Public Safety (FOPS), a not - for - profit organization, that will receive financial gain from an event cosponsored by the Village of Tequesta. Date File Signa re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2