Loading...
HomeMy WebLinkAboutMinutes_Regular_09/12/2013 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING - SEPTEMBER 12, 2013 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 7:00 p.m. A roll call was taken by Village Clerk McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno and Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford offered the invocation with Mayor Brennan leading the pledge of allegiance. APPROVAL OF AGENDA Mayor Brennan asked that item 22 be moved under Proclamations /Presentations. MOTION: Council Member Okun moved approval of the agenda as amended with item 22 moved in the agenda under presentations; seconded by Council Member D'Ambra; motion carried unanimously 5 -0. PROCLAMATIONS /PRESENTATIONS 1. Proclamation Declaring August 8, 2013 – August 14, 2013 as National Assisted Living Week 2013— "Art for the Ages" 22. DISCUSSION ON REQUEST BY SWEETS Mr. Jeff Michel, Sweets Restaurant Representative asked that Council consider re- visiting the time change made recently by Ordinance which had adjusted hours of operations for businesses. He stated the adjustment had affected their restaurant and noted the hours set by surrounding municipalities. He felt their establishment had brought business to the area and there was no reason for implementing the change. Council Member D'Ambra explained his understanding of the rationale behind the change and he felt that Sweets had increased their hours after the ordinance had been changed. Mr. Michel responded that their intention was always to extend hours of operation, seasonally and otherwise. He also noted Tequesta businesses such as CVS sold alcohol until three a.m. and, there had been no troubles or, resident complaints regarding the late hours. Attorney Davis noted that courts recognize hours of alcohol service as a city's home rule choice. Council Member Okun voiced his empathy for Sweets. Council Member Paterno expressed his understanding that residents choose to live in Tequesta for reasons such as not having to experience problems other areas experience due to the expansion of alcoholic establishments, but also appreciated Mr. Michel's stance. Village Council Minutes September 12, 2013 Page 2 Police Chief Elg felt that one business being open late would not have a negative impact and that most problems occurred after late closings. He then responded to a question regarding the possibility of increased drunk driving (DUI) due to the late hours and stated greater DUI incidences occur after midnight and there would always be a risk anywhere alcohol was consumed. Council Member D'Ambra suggested the item be added to the October workshop. CONSENT AGENDA Council Member Paterno asked that items seven and eight be pulled for discussion. MOTION: Council Member Paterno moved approval of the consent agenda with items seven and eight pulled for discussion; seconded by Council Member Okun; motion carried unanimously 5 -0. 2. MINUTES — 8/8/13 Regular, 8/12/13 Workshop, 8/13/13 Workshop, 8/13/13 Workshop (2), and 8/14/13 Workshop 3. Approval of Contracts Signed by Manager under $25,000 4. RESOLUTION 25 -13 PROVIDING FOR PUBLIC PARTICIPATION RULES OR POLICIES IN ACCORDANCE WITH NEWLY ADOPTED FLORIDA SENATE BILL 50 WHICH IS CODIFIED AT SECTION 286.0114, FLORIDA STATUTES 5. RESOLUTION 27 -13, CERTIFYING THE RESULTS OF THE SPECIAL ANNEXATION REFERENDUM ELECTION HELD ON AUGUST 27, 2013 FOR THE VILLAGE OF TEQUESTA ANNEXATION 6. Renewal of the Employee Assistance Program Agreement with the Center for Family Services of Palm Beach County, Inc for FY 2013/2014 9. RESOLUTION 24 -13, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AWARDING A CONTRACT TO ZOLL MEDICAL CORPORATION FOR THE PURCHASE OF TWO CARDIAC MONITORS IN THE AMOUNT OF $58,992.00 TO IMPROVE AND EXPAND TEQUESTA FIRE - RESCUE EMERGENCY MEDICAL SERVICES AND AMENDING THE FISCAL YEAR 2012/2013 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES BY $48,600.00; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 10. RESOLUTION 26 -13, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AWARDING A CONTRACT TO ZOLL MEDICAL CORPORATION FOR THE PURCHASE OF ONE CARDIAC MONITOR IN THE AMOUNT OF $29,496.00 TO IMPROVE AND EXPAND TEQUESTA FIRE - RESCUE Village Council Minutes September 12, 2013 Page 3 EMERGENCY MEDICAL SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES END OF CONSENT AGENDA 7. Approval of Health Insurance Renewal with Cigna Insurance and Dental Renewal with MetLife Insurance Council Member Paterno noted the 7.5% increase to health insurance rates and questioned the impact regarding union negotiations. Manager Couzzo offered a brief review of the traditional and HSA insurance options offered to (the majority of) employees and noted that the budget had been designed to accommodate both plans. MOTION: Council Member Paterno moved approval of the renewal, seconded by Council Member Okun; motion carried unanimously 5 -0. 8. Council Approval of Revising Personnel Policies: Types of Employment (2.6), Sick Leave (5.1), Vacation Leave (5.2), and Village Holidays (5.3); and New Personnel Policy: Arrest or Conviction of an Employee (3.14) Manager Couzzo noted that part time employees would be scheduled to work under 26 hours to assist the Village in keeping within guidelines regarding insurance changes beginning October 1, 2013. Council Member Paterno questioned temporary workers receiving benefits. Manager Couzzo suggested amending the vacation leave policy to remove vacation pay from temporary workers. Manager Couzzo stated the reduction of hours made it difficult to train and keep new employees and also provided a burden on departments who were presently short staffed. Council Member Paterno suggested hiring a fulltime person for multiple departments. MOTION Council Member Paterno moved approval of the amended policy revisions with removal of number three from section 74 -2 under Ordinance 23 -13; seconded by Council Member D'Ambra, motion carried unanimously 5 -0. Item 17 was taken out order. 17. ORDINANCE NO. 34 -13, FIRST READING, AMENDING CHAPTER 78. ZONING. ART. XI. SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS, PROVIDING TIME LIMITS ON THE PERMITTING PROCESS; CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING TEMPORARY SIGN REGULATIONS AND PROHIBITED SIGN REGULATIONS, CREATING NEW FLAGPOLE REGULATIONS AND PROVIDING FOR GENERAL INTERNAL CONSISTENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED Village Council Minutes September 12, 2013 Page 4 Attorney Davis read Ordinance title 34 -13 title into the record. (A motion was not received or proposed until after communications from citizens. ) COMMUNICATIONS FROM CITIZENS Debra Tornaben, 365 Tequesta Drive voiced her concern that new ordinance changes offered too many restrictions to shop owners and felt it would change the small town feel of the area. She felt benches were necessary for people to sit and also fit within Tequesta's aesthetic look. Attorney Davis explained signage and outdoor merchandizing had been addressed recently and allowances made in Village Code updates. Claudine Marrero, local shop owner commented that she could have located her business anywhere and chose the Tequesta area for its charm. She voiced her concern with ambiguity in the code and felt her business offered much to the area. Ms. Marrero expressed her frustration with feeling she had to change her original welcoming appearance because of the changes. She articulated her gratitude for a uniform rule but felt it should be based on specific areas and suggested a discussion with store owners to receive input. Vice Mayor Arena thanked residents and business owners for attending and voicing their feelings and suggested they return with written suggestions for Council consideration. Manager Couzzo noted Councils previous decision to enforce the code and to offer existing violations additional time to comply. Council Member Okun suggested postponing enforcement until more concrete direction could be obtained. Council Member Paterno suggested moving forward with previously agreed enforcements on October first. Mayor Brennan suggested passing the ordinance at hand and holding discussions during the upcoming workshop to generate clarification on the remaining code issues before second reading. MOTION Council Member Okun moved approval of Ordinance 34 -13 on first reading; seconded by Council Member Paterno; motion carried unanimously 5 -0. COMMUNICATIONS FROM COUNCIL Manager Couzzo introduced new resident Scott Reynolds and welcomed him to the area. Mr. Reynolds, 370 Oak Ave. explained that he had brought his son to tonights meeting to familiarize him with the budget process and would return for the second hearing. Council Member Paterno voiced his feelings that the recent annexation failed for the reason that residents were content with receiving services and benefits by the Village at no cost and suggested more planning be done to eliminate this type of ease for residents not actually residing in the Village. Mayor Brennan agreed and stated a workshop should be designated for further discussions. Village Council Minutes September 12, 2013 Page 5 Vice Mayor Arena thanked Village Attorney Keith Davis for offering guidance to Council and commented on the entrance improvements at Tequesta Drive and US Highway 1. REGULAR AGENDA OLD BUSINESS 11. ORDINANCE 23 -13, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 74. UTILITIES, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY AND TO UPDATE CERTAIN RATE PROVISIONS — (First Reading 7/11/13) Attorney Davis read Ordinance 23 -13 title into the record. Council Member Paterno noted section 74 -2 (3) regarding setbacks restrictions and his preference for planting larger size trees in front of homes and suggested the code be more lenient. Council Member Okun questioned if the restriction had been placed to assist FPL (Florida Power and Light) and their responsibility regarding tree trimming. Council Member Paterno responded that he did believe rules were implemented after an active hurricane season that may have been overkill. Consensus of Council agreed to strike74 -2 (3). George Ralston, 407 Beacon Street, noted that he had a large maple tree which took out the power during hurricanes but felt the 25 feet setback may be too much. He also voiced support regarding Council enforcement regarding signage, banners in the code. MOTION Council Member Paterno moved approval of Ordinance 23 -13 as amended with three struck from section 74 -2; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 12. ORDINANCE 24 -13, SECOND READING AMENDING CHAPTER 70. TAXATION. AT ARTICLE II. LOCAL BUSINESS TAX BY CREATING AN ENTIRELY NEW SEC. 70 -39 TO PROVIDE EXEMPTIONS FOR CERTAIN BROKER ASSOCIATES AND SALES ASSOCIATES IN ACCORDANCE WITH RECENT CHANGES TO STATE LAW, AND RE- NUMBERING SUCCESSIVE SECTIONS IN THIS ARTICLE ACCORDINGLY; AND AT ARTICLE IV. PUBLIC SERVICE TAX, DIVISION 3. LOCAL COMMUNICATIONS SERVICES, SEC. 70 -151. TO UPDATE REFERENCES TO CURRENT STATE LAW SECTIONS Attorney Davis read Ordinance 24 -13 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the hearing was closed. MOTION Council Member Paterno moved approval of Ordinance 24 -13; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. Village Council Minutes September 12, 2013 Page 6 13. ORDINANCE 25 -13, SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 58. PEDDLERS AND SOLICITORS, BY REPEALING THIS CHAPTER IN ITS ENTIRETY AND READOPTING IT TO PROVIDE COMPREHENSIVE DEFINITIONS, POLICIES AND PROCEDURES FOR ALL PEDDLING AND SOLICITING ACTIVITY IN THE VILLAGE; TO PROVIDE FOR APPLICATION AND FEES — (First Reading 7/11/13) Attorney Davis read Ordinance 25 -13 title into the record. Council Member Okun questioned controlling door to door sales. Attorney Davis responded that residents could do so, government could not. Mayor Brennan opened the public hearing for public comment; there being none the public hearing was closed. MOTION Council Member D'Ambra moved approval of Ordinance 25 -13, seconded by Council Member Paterno, motion carried unanimously 5 -0. NEW BUSINESS 14. ORDINANCE NO. 29 -13, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 66. SUBDIVISIONS, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY AND CONSISTENCY WITH THE VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO UPDATE CERTAIN REFERENCES TO LOCAL PERMITTING AGENCIES, AND TO REPEAL THE FAIR SHARE FEE FOR PUBLIC SITES WHICH HAS BEEN MADE OBSOLETE BY CURRENT PARKS AND RECREATION IMPACT FEES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Attorney Davis read Ordinance 29 -13 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the hearing was closed. MOTION Council Member Paterno moved approval of Ordinance 29 -13; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 15. ORDINANCE NO. 32 -13, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE II. CHANGES AND AMENDMENTS. TO CLARIFY THE ZONING CODE AMENDMENT PROCESS AND REQUIREMENTS FOR A MORATORIUM; AND Fr�iHl/n Village Council Minutes September 12, 2013 Page 7 ARTICLE III. APPEALS AND VARIANCES. TO CLARIFY THE COMPOSITION OF THE BOARD OF ADJUSTMENT AND THE USE OF ALTERNATE MEMBERS; TO REVISE THE RE- ORGANIZATION PROCESS FOR THE BOARD OF ADJUSTMENT; TO REVISE NOTICE REQUIREMENTS FOR THE APPEAL PROCESS; AND TO UPDATE THE FILING FEE REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Attorney Davis read Ordinance 32 -13 title into the record. Council Member Paterno questioned the date change in section 78 -31. Attorney Davis clarified March fifth and suggested the entire section be struck. Mayor Brennan opened the public hearing for public comment. There being no public comment the hearing was closed. Consensus of Council was to strike section 78- 31(b). Attorney Davis stated he would research the code to determine consistency regarding the amendment. MOTION Council Member Paterno moved approval of Ordinance 32 -13 as amended with section 78 -31 (b) deleted; seconded by Vice Mayor Arena; motion carried unanimously 5 -0. 16. ORDINANCE NO. 33 -13, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SECTIONS 78 -224, 78 -225, 78 -255, 78 -393, 78 -399, 78 -513, 78 -519, 78 -525 AND 78 -585 TO PROVIDE FOR INTERNAL CONSISTENCY, PROPER INTRA -CODE CROSS REFERENCING AND PROPER REFERENCE TO CURRENT STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES Attorney Davis read Ordinance 33 -13 title into the record. Council Member Paterno noted section 78 -255 (e) regarding the six story limit and proposed it be adjusted to four stories. Attorney Davis explained the mixed use development code language and that the present approval was intended for consistency and housekeeping within the code. He noted that a change to the mixed use code would require another ordinance and suggested Community Development be included with any changes. Mayor Brennan opened the public hearing for public comment. There being no public comment Village Council Minutes September 12, 2013 Page 8 the hearing was closed. MOTION Council Member D'Ambra moved approval of Ordinance 33 -13; seconded by Council Member Paterno; motion carried unanimously 5 -0. 18. ORDINANCE 35 -13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT, BY AMENDING SECTION 22 -55. PROCEDURE. TO STATE THAT THE IMPOSITION OF CONDITIONS OF APPROVAL MUST BE RELATED TO THE PROPOSED DEVELOPMENT AND SHALL BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH A RECENT OPINION OF THE UNITED STATES SUPREME COURT Attorney Davis read Ordinance 35 -13 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the public. There being no public comment the hearing was closed. MOTION Council Member D'Ambra moved approval of Ordinance 35 -13; seconded by Council Member Paterno; motion carried unanimously 5 -0; 19. ORDINANCE 36 -13, FIRST READING, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTION 2 -191. NOTICES. IN CONFORMANCE WITH RECENT AMENDMENTS TO STATE LAW AS SET FORTH IN SEC. 162.12, FLORIDA STATUTES Attorney Davis read Ordinance 36 -13 title into the record. Council Member D'Ambra questioned if the Manager would assume ex officio duties for the police and fire chiefs. Attorney Davis clarified rules and responsibilities regarding the title(s). Mayor Brennan opened the public hearing for public comments. There being no public comment the hearing was closed. MOTION Vice Mayor Arena moved approval of Ordinance 36 -13; seconded by Council Member Okun, motion carried unanimously 5 -0. 20. ORDINANCE 37 -13, FIRST READING AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78 -305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78 -306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS 4 ';' H r Village Council Minutes September 12, 2013 Page 9 Vice Mayor Arena referenced section 78- 405(4) and referenced decorations which could be purchased for mailboxes. Attorney Davis read Ordinance 37 -13 title into the record. Mayor Brennan opened the public hearing for public comments. There being no public comment the hearing was closed. MOTION Council Member Paterno moved approval of Ordinance 37 -13; seconded by Council Member D'Ambra; motion carried unanimously 5 -0; 21. DISCUSSION & UPDATE ALL ABOARD FLORIDA Council Member Paterno noted plans associated with the All Aboard Florida program and voiced his concerns which included the railroad bridge closed continually each day and the effect on boating traffic. Mayor Brennan also felt the traffic through Tequesta and the bridge closings would be extreme. She noted that meetings had been planned to discuss the project and that it was a private company who was not using public funding. Mayor Brennan pointed out that the Coast Guard had become involved and her feelings that many were concerned with safety issues. Council Member D'Ambra questioned the possibility of rebuilding and raising the bridge to eliminate the need for a draw section. STANDING REPORTS • Village Attorney Attorney Davis noted the strong opinion issued by the Inspector General (IG) regarding opposition against piggy backing off municipal agreements. He stated Piggybacking was a well used method that he felt should and would continue. Attorney Davis expressed his plan to support The Florida League of Cities, Jupiter's recent cutting down of mangrove issues and the Circuit Courts ruling to allow attorneys fees in law suits and noted that the decision had been appealed by residents. • Village Manager The Manager had nothing to report. ANY OTHER MATTERS Council Member Paterno voiced his feelings that code enforcement could be more aggressive and suggested that violations be advertised on the Village website. .% Village Council Minutes September 12, 2013 Page 10 Mayor Brennan noted the Literacy Coalition's recent inquiry to promote literacy through the Village's Parks & Recreation department. 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 9:53 p.m. Respectfully submitted, �, a� 0 - ) U,c LF� a4-- 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.