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HomeMy WebLinkAboutMinutes_Regular_01/10/2013 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING January 10, 2013 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 Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, Council Member Steve Okun and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford provided the invocation and led the pledge of allegiance. APPROVAL OF AGENDA Mayor Paterno asked that item six be pulled for discussion. MOTION: Council Member Brennan moved approval of the agenda as amended, seconded by Council Member Okun; motion carried unanimously 5-0. PRESENTATION 1. Recognition and Presentation of Key to the Village to Mike Cesarano for his Years of Loyal and Dedicated Service to the Village of Tequesta as the Jupiter Tequesta Athletic Association (JTAA) Parade Administrator Mayor Paterno presented Mike Cesarano with a Key to the Village in recognition for his years of loyal and dedicated service as the parade administrator for the Jupiter Tequesta Athletic Association. CONSENT AGENDA MOTION: Council Member Brennan moved approval of the following Consent Agenda with item six pulled for discussion, seconded by Council Member D'Ambra; motion carried unanimously 5-0. 2. MINUTES No minutes were distributed 3. Ministerial Appointment of John Kuper to the General Employee Pension Board as the Second Employee Representative — Term Expires December 18, 2014 Minutes — Regular Council Meeting 1/10/13 Page 2 4. Approval of Contracts Signed by Manager under $25,000 a. Village of Tequesta & Arcadis G &M, Inc. Work Authorization to provide engineering services related to NPDES -MS4 Annual Report. b. Letter of Agreement between the Village of Tequesta and Gleason and Associates, Inc. to provide police chief final candidates background checks. C. Real Estate Lease 12 Month Renewal, January 20, 2013 to January 29, 2014; (File#281 -1 -2a) between FDG Flagler Station 11 LLC and the Village of Tequesta. 5. Setting the Village's Policy and Procedures for Providing Guidelines for Village Officials and Boards and Committee Members Regarding Required Ethics Training 6. ITEM PULLED FOR DISCUSSION Authorizing Arcadis G &M, Inc. to Perform Services Related to Design, Permitting and Engineering Construction Services for Several Miscellaneous Rehabilitation Items at the Water Treatment Plan and Jupiter Interconnect Locations 7. Approval of Personnel Policies: Ethics Training and Reporting Wrongdoings to the IOG (Office of the Inspector General) 8. Review of Proposed Coast Guard Project at Coast Guard Light Station Jupiter Inlet, Jupiter END OF CONSENT AGENDA 6. Authorizing Arcadis G &M, Inc. to Perform Services Related to Design, Permitting and Engineering Construction Services for Several Miscellaneous Rehabilitation Items at the Water Treatment Plan and Jupiter Interconnect Locations The Manager summarized the upcoming scheduled water treatment plant projects. MOTION: Council Member Okun moved approval of item six, seconded by Council Member Brennan, motion carried unanimously 5 -0. COMMUNICATIONS FROM CITIZENS Mr. Charlie Fisher, 15 Shady Lane, voiced his feelings about the sounding of bells at the First Presbyterian Church which were extremely loud and disrupting to his sleep. He suggested that the bell schedule be changed and / or the volume reduced. Minutes — Regular Council Meeting 1/10/13 Page 3 Kit Legato, 9 Bayview Court invited Council to attend an Operation Care for Heroes event being held Thursday, January 17. COMMUNICATIONS FROM COUNCIL Vice -Mayor Arena wished everyone a happy new year. Council Member Okun voiced his concern regarding the re- inspection program implemented by insurance companies, which he discussed at a recent Council workshop. He offered a handout and asked Council to contact and share with the Florida League of Cities to which Council agreed. Council Member Brennan thanked Council Member D'Ambra for his assistance with the pension ordinance and announced she was seeking re- election. Council Member D'Ambra complimented the selection committee on its work with the selection of a new police chief. Mayor Paterno noted the positive comments received in Council Member Okun's questionnaire. REGULAR AGENDA OLD BUSINESS 9. Ordinance 18 -12, Second Reading Amending the Village Code of Ordinances at Chapter 2. Administration. At Article II. Village Council, to Provide Clarifying Language and Internal Consistency; at Article III. Officers, Employees and Departments, to Close the Public Safety Pension Plan to Newly Hired Police Officers after February 1, 2013 and Amending Exhibit B Accordingly and to make certain Investment Changes Recommended by the Fund's Investment Manager and Monitor, and to provide for Various Village Officers and Departments; at Article IV. Code Enforcement, to Revise the Term of Employment for the Code Enforcement Special Magistrate, and to Update Notice Requirements in Accordance with State Law; and at Article V. Elections, to provide Clarifying Language and Internal Consistency and to provide for the Filling of a Council Member Elect vacancy Attorney Davis read Ordinance 18 -12 title into the record. Council Member D'Ambra provided a summary of the plan description and Vice -Mayor Arena asked for examples. Minutes — Regular Council Meeting 1/10/13 Page 4 Mayor Paterno opened the hearing to the public for comments; there being none he closed the public hearing. MOTION: Council Member D'Ambra moved approval of Ordinance 18-12 on second reading; seconded by Council Member Okun, motion carried unanimously 5-0. 10. Ordinance 20 -12, Second Reading Amending the Village Code of Ordinances at Chapter 78. Zoning. At Article IV. Nonconforming Uses, by Revising the Requirements for Maintaining, Enlarging or Expanding Nonconforming Uses and Nonconforming Structures to Allow Greater Latitude in Modifications to Nonconforming Structures — (first reading 12/13/12) Attorney Davis read Ordinance 20 -12 title into the record and provided a summary. Mayor Paterno opened the hearing to Council for comments. Council commented on items such as replacing a kitchen, notification to Council on extensions and extending to all and not being considered on a case -by -case basis. Mayor Paterno opened the public hearing to the public for comment. John Isleib, 561 North Cypress Drive questioned if the 50% would be according to the assessed value of property appraiser to which Attorney Davis responded yes. There being no other public comments, the Mayor closed the public hearing. MOTION: Council Member Brennan moved approval of Ordinance 20-12 on second reading; seconded by Council Member D'Ambra; motion carried unanimously 5-0. NEW BUSINESS 11. Resolution 1 -13, Purchase of Sutphen 2013 Custom Rescue Pumper Fire Chief James Weinand summarized the need to purchase a new rescue pumper, reviewed the equipment options requested, costs associated, age of reserve pumper, and stripping the old truck and placing equipment on the new truck. Manager Couzzo noted the purchase would not have a financial impact within this year's budget, but would be included in the 2013 -2014 budget cycle. He addressed various funding and financing options. Minutes — Regular Council Meeting 1/10113 Page 5 MOTION: Council Member Okun moved approval of Resolution 1 -13 and directed the Manager to investigate all funding options, seconded by Vice Mayor Arena; motion carried unanimously 5-0. 12. Ordinance 1 -13, First Reading, Adopting a Small Scale Amendment to its Comprehensive Development Plan in Accordance with the Mandates set forth in Section 163.3187, Et. Seq., F.S. Pursuant to a Village Initiated Amendment No. LUPA 1 -13, which Provides for an Amendment to the Future Land Use Map, Designating Zero Point Seven Three (0.73) Acres More or Less of Land Recently Annexed into the Village Located at 19578, 19590, and 19600 U.S. Highway #1, as "Commercial" Attorney Davis read Ordinance 1 -13 title into the record. Mayor Patemo opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 1 -13 on first reading, seconded by Council Member Brennan; motion carried unanimously 5-0. 13. Ordinance 2 -13, First Reading. Providing for the Re- zoning of Certain Real Property within the Corporate Limits of the Village of Tequesta, Florida; which Property Consists of Zero Point Seven Three (0.73) Acres More or Less of Land Recently Annexed into the Village Located at 19578, 19590, and 19600 U.S. Highway #1; Providing that this Real Property which is more Specifically Described herein shall be Assigned the Village Zoning Designation of "C -2 Community Commercial District" Attorney Davis read Ordinance 2 -13 title into the record. Mayor Patemo opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 2 -13 on first reading; seconded by Council Member Brennan, motion carried unanimously 5-0. 14. Ordinance 3 -13, First Reading, Updating the Village's Comprehensive Development Plan Capital Improvements Element Five Year Capital Improvements Schedule in Accordance with Section 163.3177(3)(b), F.S.; Providing that the Text, as Amended or Revised, shall be Substituted for and Replace in Full the Existing Text in the Adopted Capital Improvements Element Minutes — Regular Council Meeting 1/10/13 Page 6 Attorney Davis read Ordinance 3 -13 title into the record. Mayor Patemo opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 3 -13 on first reading, seconded by Council Member Brennan motion carried unanimously 5-0. 15. Ordinance 4 -13, First Reading, Amending the Village Code of Ordinances at Chapter 1. General Provisions by Amending Sec. 1 -14 General Penalty; Continuing Violations. To Eliminate Reference to Imprisonment and by Conforming this Section to the Penalties Otherwise Imposed Pursuant to the Village's Code Enforcement Process Attorney Davis read Ordinance 4 -13 title into the record. Mayor Paterno opened the hearing to the public for comments; there being none he opened the hearing to Council. There being no comment the public hearing was closed. MOTION: Council Member Brennan moved approval of Ordinance 4-13 on first reading, seconded by Council Member Okun, motion carried unanimously 5-0. 16. Ordinance 5 -13, First Reading, cross referencing the alcoholic beverage code to zoning requirements for places that sell alcoholic beverages for on -site consumption, and specifying that variances from that zoning requirement will run with the land to the extent that the type of beverage sale does not change Attorney Davis read Ordinance 5-13 title into the record and noted this was a cleanup to the code. Mayor Paterno opened the hearing to Council for comments. Council discussed concerns with the late hour of closing times and issuing of variances. The Mayor opened the hearing to the public for comment. Pamela Thompson, 59 Birch Place suggested a conservative approach and voiced her gratitude that Council was assessing this issue. Harold Taylor, 13 Chapel Court, commented on residential areas being affected by certain locations and mentioned the operating hours for places such as McCarthy's Restaurant. Minutes — Regular Council Meeting 1/10/13 Page 7 MOTION: Council Member Okun moved to table Ordinance 5-13 until the February Council meeting to allow legal time to obtain additional information from Community Development on the hours of operation of current businesses, seconded by Council Member D'Ambra, motion carried unanimously 5-0. 17. Ordinance 6 -13, First Reading, requiring dogs to at all times "be under control" of their handler while at large, updating license and vaccination requirements in accordance with state law, encouraging resident participation in the county's feral cat control program on a voluntary basis, and generally updating certain references in this chapter to current facilities Attorney Davis read Ordinance 6 -13 title into the record. Mayor Patemo opened the hearing to Council for comments. Council members discussed the recent resident comments reference a known violent dog attack, the severity of penalties for those who did not follow the Cade, state law regarding specific breeds, holding owners responsible, fines, educating the public and the current issue with feral cats. Mayor Paterno closed the hearing to Council and opened the hearing to the public. John Islieb, North Cypress Drive, noted it was a daily occurrence for dogs not to be leashed while at Paradise Park and suggested making one parcel a dog park. Carolyn Schwartz, 360 Venus Avenue, commented on the recent dog attack and agencies not taking the proper precautions and suggested violent breeds be required to have a muzzle. MOTION: Council Member D'Ambra moved to table Ordinance 6 -13 until the February Council meeting to allow legal time to complete additional research and provide additional language; seconded by Council Member Okun, motion carried unanimously 5-0. 18. Resolution 2 -13, Identifying and Approving the Authorized Uses of Funds Budgeted into Individual Village Council Members' Expense / Discretionary Accounts MOTION: Council Member Okun moved approval of Resolution 2 -13, seconded by Council Member Brennan, motion carried unanimously 5-0. Minutes — Regular Council Meeting 1/10/13 Page 8 STANDING REPORTS • Village Attorney Provided Council with an update on the comprehensive code review and hopes to have it completed by the end of the calendar year; and advised the County Commission had agreed to continue the 1250 Fund program. • Village Manager — No report ANY OTHER MATTERS 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 8:44 p.m. 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.