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HomeMy WebLinkAboutMinutes_Regular_10/11/2012 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING OCTOBER 11, 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 McWilliams. Present were: Mayor Tom Patemo, Vice Mayor Vince 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 MOTION: Council Member Brennan moved approval of the agenda, seconded by Council Member Okun; motion carried unanimously 5-0. PRESENTATIONS 1. Palm Beach County League of Cities Update — Palm Beach County League of Cities Executive Director Richard Radcliffe Mr. Radcliffe, Executive Director of the Palm Beach County League of Cities, reviewed the League's position on $12.50 funds and sober houses; he discussed Government Week, speaking at local schools and reminded Council to keep the League up -to -date on legislative issues. CONSENT AGENDA MOTION: Council Member Brennan moved approval of the following Consent Agenda, seconded by Council Member D'Ambra; motion carried unanimously 5-0. 2. MINUTES: 7/30/12 Workshop, 9/13/12 Regular Council Meeting, 9/13/12 Special — Budget 3. Approval of Contracts Signed by Manager under $25,000 a. Nextel Lease Termination Agreement and General Release b. Tanner Industries, Inc. Piggy Back Renewal Agreement c. Siemens Industry, Inc. Renewal Agreement Minutes — Regular Council Meeting 10/11/12 Page 2 d. Molly's Trolleys of West Palm Beach Agreement e. Toshiba Business Solutions Maintenance Contract/Police Department f. FP Mailing Rental Agreement (Postage Machine) 4. Council Approval to Hold the Annual Jupiter Tequesta Athletic Association (JTAA) Holiday Parade on December 9, 2012 5. Resolution 21 -12 Adopting a Revised Schedule of Fees and Charges for the Provision of Water Services Rendered by the Village of Tequesta for its Citizens and other Members of the Public; Repealing Resolution No. 22 -11; Providing that this Schedule of Fees and Charges Shall be Available for Inspection at all Times at the Village Hall During Regular Business Hours 6. Approval of Services from Island Time Productions for Annual Tequesta Festival to Provide Rides, Games and Food at the Village's Annual Tequesta Festival on Saturday, November 17, 2012 7. Council Approval to Hold the 12 Annual Thanksgiving Day, 4 Mile Race & Kid's 100 Yard Dash on Thanksgiving Day 2012 8. Resolution 27 -12. Approving a Proposal from Duval Ford of Jacksonville, Florida, for the Purchase of a Pickup Truck in the amount of $24,472.00 $A. Council Approval of Three (3) Year Interim Employment Agreements for Firefighter Cole James END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Pastor Paul Beresford, 312 River Drive, reminded Council of the church sponsored annual Fall Festival on October 31. He noted the "Elder Board," the churches governing body, had voiced concern with parking issues during the Green Market due to the event being held on Sunday - their day of worship. Kit Legato, Operation Care for Heroes, explained they were a grass roots group made up of six residents who had mailed over 1,200 APO boxes to our soldiers in the past four years. She noted the group now had a Facebook page and asked everyone to friend request them. John Islieb, 561 N. Cypress Drive, noted parking was also an issue for properties located next to Paradise Park and mentioned a Tequesta Oaks resident who used a golf cart to Minutes —Regular Council Meeting 10/11/12 Page 3 transport residents to Tequesta Fest. He suggested utilizing his services for the Green Market events as well. COMMUNICATIONS FROM COUNCIL Council Member Okun suggested the Village be more pro-active regarding assistance to Busch Wildlife. Council agreed to discuss in a workshop setting. Council Member D'Ambra stated he had been invited to do a public service segment on WJTW radio station and encouraged other Council Members to participate each month with a segment; he mentioned the recent PSA's done by the Clerk. Council Member Brennan complimented the great turnout at the Green Market and understood the parking issue was being addressed; she met with Ms. Cacarias, Community Development Director, and was pleased with her vision. Vice -Mayor Arena voiced concern with hearing that police officers were charging the Village's "Friends of Public Safety" to provide security during events. Council Member Okun explained officers were mandated by law to charge since they were providing law enforcement services. Ms. Brennan explained the firefighters were able to volunteer for these events as it was outside their normal job duties, but noted the police could assist in other ways. Council Member D'Ambra asked about National Night Out and the Village Manager noted it would not be held at Tequesta Fest and it would be addressed at a later date. REGULAR AGENDA OLD BUSINESS 9. Ordinance 10 -12, Second Reading, Adopting a Small Scale Amendment to its Comprehensive Development Plan in Accordance with the Mandates Set Forth in Section 163.3187, Et Seq., Florida Statutes, Pursuant to a Village Initiated Amendment No. LUPA 2 -12 which Provides for an Amendment to the Future Land Use Map, Designating One Point Three Two (1.32) Acres More or Less of Land Recently Annexed into the Village at 4412 and 4480 County Line Road as well as the Lift Station Located Adjacent thereto, as "Low Density Residential" (First Reading 9/13/12) Attorney Davis read Ordinance 10 -12 title into the record. Minutes -- Regular Council Meeting 10/11/12 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 Brennan moved approval of Ordinance 10-12; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. 10. Ordinance 12 -12,, Second ReadinM6 Adopting a Small Scale Amendment to its Comprehensive Development Plan in Accordance with the Mandates Set Forth in Section 163.3187, Et Seq., Florida Statutes, Pursuant to a Village Initiated Amendment No. LUPA 1 -12 which provides for an Amendment to the Future Land Use Map, Designating Eight Tenths of One Acre (0.8 Acres) of Land Recently Annexed into the Village Located at 4534 and 4518 County Line Road, as "Medium Density Residential' (First Reading 9/13/12) Attorney Davis read Ordinance 12 -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 Okun moved approval of Ordinance 12 -12; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. NEW BUSINESS 11. ANNEXATION UPDATE Ms. Zacarias, Community Development Director, reminded Council of the upcoming annexation workshops — October 22 and October 24. She explained letters had been sent to all residents of the two areas along with personalized comparison tables. 12. Council Discussion and Action on Non - Resident Fees to Enter Tequesta Fest Council discussed the non - resident fees to enter Tequesta Fest and agreed to the following: • $10ages4 &up • $5 Seniors • 3 and under FREE Minutes — Regular Council Meeting 10/11/12 Page 5 13. Resolution 28 -12, Increasing Revenues and Expenditures in the General Fund #001 in the Amount of $1,500 for Donation of Funds Received for Dog Park Renovations at Tequesta Park MOTION: Council Member Okun moved approval of Resolution 28-12, seconded by Council Member Brennan; motion carried unanimously 5-0. 14. Ordinance 15 -12, First Reading - Annexing Three (3) Parcels of Real Property Comprising a Total of 0.7278 Acres, more or less, Located at 19578 U.S. Highway 1, 19590 U.S. Highway 1, and 19600 U.S. Highway 1, as more Particularly Described Herein; Providing that the Subject Parcels are hereby Annexed Pursuant to Sec. 171.0413, Florida Statutes and Sec. 4.02 of the Village of Tequesta Charter Attorney Davis read Ordinance 15 -12 title into the record. Mayor Paterno opened the public hearing to Council for comments. Ms. Zacarias provided a handout and explained the County asked the Village to include within the annexation the alleyway behind the properties and the roadway in front of the properties. Village Attorney Davis noted the item would require additional advertising in order to include these additional portions and Council could hold a Special Council Meeting to approve. Council concurred with the County's suggested additions. Mayor Patemo opened the hearing to the public; there being no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 15-12 and to re- advertise and hold a Special Council Meeting prior to second reading, seconded by Council Member D'Ambra; motion carried unanimously 5-0. 15. Ordinance 9 -12, First Reading Amending its Code of Ordinances at Chapter 78. Zoning. Article XII. Flood Damage Prevention. by Repealing this Article in its Entirety and Re- Adopting it to Provide Updated Regulations in Conformance with Requirements of the National Flood Insurance Program; Adopting Certain Administrative Amendments to the Florida Building Code Pursuant to Sec. 553.73(5), Florida Statutes, in Furtherance of the National Flood Insurance Program Attorney Davis read Ordinance 9 -12 title into the record. Minutes — Regular Council Meeting 10/11/12 Page 6 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 9-12, seconded by Council Member Okun, motion carried unanimously 5-0. 16. Ordinance 14 -12, First Readina, Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 1. Generally. by Updating this Division to Add Regulations Regarding Finished Floor Elevation, the Use of Energy Savings Devices, Home Occupations, Manufactured Housing and the Placement and Screening of Emergency Generators and Other Mechanical Equipment, and by Removing References to Broadcast and Receiving Antenna Regulations and Satellite Dish Regulations for Re- Location in Division 5; Further Amending Chapter 78. Zoning. Article IX. Supplemental Regulations. at Division 5. Wireless Telecommunication Towers and Antennas. by Updating this Division to Re- Locate Certain Regulations Regarding Broadcast and Receiving Antenna and Satellite Dishes Attorney Davis read Ordinance 14-12 title into the record. Mayor Patemo opened the public hearing to Council for comments. Attorney Davis explained this was to clean up wording in the Ordinance and the need to provide emergency generator placement regulations. Additionally, while cleaning up the language, he relocated the cell tower and satellite portions and cleaned for language consistency. He explained these properties were outside the flood plain and were not affected by the previous Ordinance. Mayor Patemo voiced concern with there being no max elevation and properties being built up five feet. Mr. Davis stated he could place that in the Code under maximum building height. Council agreed to address setbacks (Sec. 78 -285 and 78 -299). Council Member Okun discussed topographical character elements and retaining walls. Mr. Davis noted he could add wording requiring the character and building to remain at the same level as existing construction. Council Member Brennan discussed new construction and the need to fit into the current character of the area and the need to blend traditional with new and felt Palm Beach Shores did a good job in this regard. Minutes —Regular Council Meeting 10/11/12 Page 7 Council Member Okun suggested a moratorium on construction until action could be taken on these issues and suggested the Village seek the input of an engineer. Mr. Davis agreed an engineer should be present for the discussion. Mr. Couzzo noted second reading could be held in December and Council Member Brennan suggested obtaining resident input on height and setbacks. Mayor Paterno suggested leaving the Ordinance as presented with further discussion prior to second reading during a workshop. Mayor Paterno closed the hearing to Council and opened to the public; there being no public input the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 14-12 on first reading with a workshop to be held prior to second reading to address Council concerns; seconded by Council Member Brennan, motion carried unanimously 5-0. 17. Ordinance 16 -12, First Reading Amending Chapter 34. Fire Protection and Prevention. Article III. Fire Prevention. at Section 34-61. Florida Fire Prevention Code Adopted. and Section 34-63. Fees. to Replace all References to Special Masters with References To Special Magistrates; by Further Amending Chapter 34. Fire Protection and Prevention. Article V. Pre - Hospital Emergency Medical Service. at Section 34- 125. Fee Schedule; Payment of Fees. to Eliminate the Requirement that Delinquent User Fees for Emergency Medical Care Treatment and Transportation be Sent to the Code Enforcement Special Master for The Village of Tequesta; Providing that Such Delinquent User Fees shall now be sent to a Debt Collection Agency for Collection Attorney Davis read Ordinance 16-12 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 16-12; seconded by Council Member Okun; motion carried unanimously 5-0. 18. Council Approval to Set Dates for Next Two (2) Council Workshops The following meetings were scheduled: Minutes — Regular Council Meeting 10/11/12 Page 8 Wednesday, October 17 — 5:30 p.m. • Jupiter Inlet Colony (JIC) update • Feral cat report Monday, October 22 — 6:00 p.m. — Annexation Workshop (River Pines) Wednesday, October 24 — 5:45 p.m. — Special Council Meeting • Ordinance 15 -12 — amend language for 2 nd reading and include County request to add roadway (will need to re- advertise) Wednesday, October 24 — 6:00 p.m. — Annexation Workshop (Riverside on the Loxahatchee) Monday, November 5 — 5:30 p.m. — Workshop • Mission Statement • Busch Wildlife • Budget Review • Annexation (take away discussion from workshops) • Business Friendly Issues and suggestions Update — (Comm. Dev) Council agreed the 1 st Monday of each month would be a standing workshop at 5:30 p.m. Council agreed to keep in mind ending workshops prior to 9:00 p.m. when viable and that the Clerk would remind Council when 9:00 p.m. was approaching. STANDING REPORTS • Village Attorney Village Attorney Davis provided an update on the County ethics opinion regarding voting conflicts and special benefits, and noted that when a conflict was declared the council or board member could not participate even as a resident or property owner — NO PARTICIPATION allowed. • Village Manager Manager Couzzo commented on Finance completing their year -end process; he commented on the vacant water utility superintendent position and suggested hiring a utility engineer. He referenced a letter forwarded to Council from the County Fire Chief reference Palm Beach County providing fire rescue services to Jupiter Inlet Colony (JIC) and would like to know how to proceed. Council agreed to hold a workshop on October 17 at 5:30 p.m. for the Manager to provide an update. Minutes — Regular Council Meeting 10/11/12 Page 9 ANY OTHER MATTERS Mayor Paterno attended the Jupiter High School Homecoming parade and ran into Commissioner Marcus who indicated the County helped facilitate the fire - rescue meeting between JIC and the County. Council Member Brennan pointed out a pothole in the road on Water Way and inquired on jurisdiction. Mayor Paterno commented on the feral cat issue which was again becoming problematic. Council discussed at length and directed the Manager to provide a report at the October 17 Workshop. 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 8:53 p.m. Respectfully submitted, U 1 ai- 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.