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HomeMy WebLinkAboutMinutes_Regular_10/10/2013 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING OCTOBER 10, 2013 F CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Brennan at 6:00 p.m. A roll call was taken by Deanna Mayo, Assistant to the Village Clerk. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun and Council Member Tom Paterno. Council Member Frank D'Ambra was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford offered the invocation; Mayor Brennan led the pledge of allegiance. APPROVAL OF AGENDA Attorney Keith Davis noted a request from telecommunications lobbyist to remove items 20 and 21. Council Member Paterno asked that items five, nine and eleven be pulled for discussion. MOTION: Vice Mayor Arena moved approval of the agenda as amended with items 20 and 21 removed and five, nine and eleven pulled for discussion; seconded by Council Member Okun; motion carried unanimously 4 -0. PROCLAMATIONS /PRESENTATIONS 1. Lighthouse Center for the Arts Presentation Ms. Katie Deits offered a history of the Lighthouse ArtCenter events along with a visual presentation. Mayor Brennan disclosed her involvement with the group. CONSENT AGENDA MOTION: Vice Mayor Arena moved approval of the consent agenda as amended with items five, nine and eleven pulled for discussion; seconded by Council Member Okun; motion carried unanimously 4 -0. 2. MINUTES — 9/12/13 Budget Hearing, 9/12/13 Regular, 9/19/13 Budget Hearing and 9/19/13 Special 3. Approval of Contracts Signed by Manager under $25,000 a. CVDS /ComLog Service Agreement Contract - Technical and Maintenance Services 4. RESOLUTION 31 -13, 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. 21 -12 Village Council Minutes October 10, 2013 Page 2 6. RESOLUTION 33 -13, APPROVING A ONE TIME PERFORMANCE BASED RECOGNITION COMPENSATION AMOUNT FOR THE VILLAGE MANAGER FOR FISCAL YEAR 12/13 IN ACCORDANCE WITH SECTION 4. OF THE SECOND EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED AUGUST 5, 2010 7. RESOLUTION 30 -13, APPROVAL TO CONTINUE USE OF CITIZENSERVE SOFTWARE LAND MANAGEMENT SUITE 8. Approve Sheehan Turf Care, Inc. to Maintain the Kiwanis Park Ball Fields for a Period of One Year Effective October 1, 2013 through September 30, 2014 10. Council Approval of Contract for Debris Removal and Disaster Recovery Services with Phillips and Jordan — Piggybacked from the SWA Contract — 8/21/13 through 8/20/2016 END OF CONSENT AGENDA 5. RESOLUTION 32 -13, APPROVING A TAX EXEMPT LEASE PURCHASE AGREEMENT WITH FIRST CAPITAL EQUIPMENT LEASING CORPORATION FOR THE PURCHASE ONE NEW PUMPER TRUCK IN THE AMOUNT OF $432,843.54 AT AN ANNUAL INTEREST RATE OF 2.394% TO BE FINANCED OVER TEN (10) YEARS WITH TERMS DEFINED IN THE ATTACHED EXHIBIT "A" Council Member Paterno questioned the original payment plan for the new pumper. Ms. JoAnn Forsythe, Finance Director, explained that the original plan would violate village policy; therefore it was altered to remain compliant. Manager Couzzo noted that this was a finance responsibility and auditors suggestions where received and respected as guidelines in this purchase. MOTION. Council Member Paterno moved approval of Resolution 32 -13; seconded by Council Member Okun; motion carried unanimously 4 -0. 9. Council Approval of Budget Amendments for FY 2012 -2013 Council Member Paterno commented on the successful beautification project and the planned figure for its completion. Manager Couzzo responded that the project was the largest part of village wide agreed upon enhancements and noted the entrance portion would be approximately $10,000 of estimated $15,000 improvement expenditure. Village Council Minutes October 10, 2013 Page 3 MOTION: Council Member Paterno moved approval of Budget Amendments; seconded by Council Member Okun; motion carried unanimously 4 -0. 11. RESOLUTION 34 -13, APPROPRIATING FUNDS IN THE AMOUNT OF $30,000 FOR CODE ENFORCEMENT TO COVER THE COST OF AN ABATEMENT ACTION FOR WHICH THE VILLAGE RECEIVED AUTHORIZATION TO PROCEED FROM THE SPECIAL MAGISTRATE Manager Couzzo reported mold issues and resident concerns as the reason for Village involvement. Council Member Paterno debated Tequesta's responsibility to the issue. Attorney Davis noted the health issue related to the move and the special magistrate orders that Tequesta's responsibility was obtaining compliance. He explained the process which was taking place and that the property was abandoned. MOTION: Council Member Paterno moved approval of Resolution 34 -13. Council discussed. MOTION: Council Member Paterno pulled his motion, no action was taken. COMMUNICATIONS FROM CITIZENS Mr. Bruce Corn, 1601 Forum Place #200 West Palm Beach, Tequesta Shoppes Management Company, explained their desire for modification of an existing ordinance to allow an existing Village liquor store to move to Tequesta Shoppes plaza and requested to be added to the November agenda. Manager Couzzo noted the business was allowed to open by mishap and liquor stores were not allowed in C2. Vice Mayor Arena commented that the business had been no problem for its ten year tenure. Attorney Davis suggested researching the distance restrictions and noted the zoning would need to be changed. Manager Couzzo expressed he was not advocating the request and offered to bring creative language back for Council approval. Manager Couzzo clarified that the Village would initiate evaluation and update Council on their recommendation. David Green, 241 Fairway West, questioned the plans for the pumper being replaced, and the deserted ambulance parked on the side of Village Hall, he suggested donating them. He expressed his feelings regarding garage sale permits being too restrictive and commented on the multiple signs being allowed for Village events. Victor Beninate, ATT Regional Director External Affairs stated ATT wanted to work with the Village regarding wireless telecommunications. John Isleib, 561 North Cypress Drive, voiced his disappointment with the millage increase and s/ "Af Village Council Minutes October 10, 2013 Page 4 explained how the increase had impacted businesses which he felt were still economically struggling. COMMUNICATIONS FROM COUNCIL Council Member Paterno briefed Council on the recent railroad initiative meeting and his concerns. Vice Mayor Arena offered history on Tequesta Fest and plans for the 2013 event. Mayor Brennan stated Council wanted to move forward with Tequesta Fest. Manager Couzzo confirmed staffing direction. Vice Mayor Arena asked if the funds could be shifted for the events expenses and appropriated after the Fest. Manager Couzzo responded yes. MOTION: Council Member Okun moved approval of Vice Mayor Arena working out the details needed to make Tequesta Fest happen; seconded by Vice Mayor Arena; motion carried 3 -1 with Council Member Paterno dissenting. Manager Couzzo suggested the motion include the appropriation not to exceed $45,000 and noted the $45,000 did not include police or administration work. MOTION CONTINUED: Council authorized Manager Couzzo to not exceed $45,000 for the appropriation of Tequesta Fest in Parks and Recreation budget. REGULAR AGENDA OLD BUSINESS 12. ORDINANCE NO. 29 -13, SECOND 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 — (First Reading 9/12/13) 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 public hearing was closed. 1 11 7Kill/ Village Council Minutes October 10, 2013 Page 5 MOTION Council Member Okun moved approval of Ordinance 29 -13; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 13. ORDINANCE NO. 32 -13, SECOND READING, AMENDING CHAPTER 78. ZONING. ARTICLE II. CHANGES AND AMENDMENTS. TO REVISE THE ZONING CODE AMENDMENT PROCESS AND REQUIREMENTS FOR A MORATORIUM; AND 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; TO PROVIDE REQUIREMENTS FOR THE IMPOSITION OF VARIANCE CONDITIONS OF APPROVAL; AND TO UPDATE FILING FEE REQUIREMENTS - (First Reading 9/12/13) Attorney Davis read Ordinance 32 -13 title into the record. Council Member Paterno referenced condition and safeguards on page 134. Attorney Davis explained the language was added from a Supreme Court case. Council Member Paterno noted his concern with the allowance of six stories. Mayor Brennan opened the public hearing for public comments. There being no public comment the public hearing was closed. MOTION Council Member Okun moved approval of Ordinance 32 -13; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 14. ORDINANCE NO. 33 -13, SECOND 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 - (First Reading 9/12/13) Attorney Davis read Ordinance 33 -13 title into the record. Council Member Paterno proposed the stipulated six stories be reduced to four. Attorney Davis explained the language appeared in mixed use and Council would need to make the change in both places. Council agreed the four was sufficient. Attorney Davis noted the change would go through Village process and would be brought back for approval. Village Council Minutes October 10, 2013 Page 6 Mayor Brennan opened the public hearing for public comment. There being no public comment the hearing was closed. MOTION Council Member Okun moved approval of Ordinance 33 -13 as amended with six stories reduced to four, seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 15. ORDINANCE 35 -13, SECOND 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 — (First Reading 9/12/13) 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 public hearing was closed. MOTION Council Member Okun moved approval of Ordinance 35 -13; seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 16. ORDINANCE 36 -13, SECOND 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 —(First Reading 9/12/13) Attorney Davis read Ordinance 36 -13 title into the record. Council Member Paterno questioned verbiage on page two and suggested adding Public Safety Commissioner as an option. Attorney Davis noted the intention in the language was to avoid potential issues with dual offices and stated Public Safety Commissioner could be added. Mayor Brennan opened the public hearing for public comment. There being no public comment the hearing was closed. MOTION Council Member Okun moved approval of Ordinance 36 -13 with Public Safety Commissioner verbiage added; seconded by Council Member Paterno; motion carried unanimously 4 -0. 17. ORDINANCE 37 -13, SECOND READING, AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY Village Council Minutes October 10, 2013 Page 7 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 — (First Reading 9/12/13) Attorney Davis read Ordinance 37 -13 title into the record and suggested a graphic be added in the code. He then referenced an email sent to Council regarding the ordinance. David Green, 241 Fairway West questioned what Council was attempting to solve. Council Member Paterno noted a large piling used for a post and concerns of damge done if it were hit. Mr. Green suggested stipulations be specified from ground up and commented that there were no post specifications. Council Member Paterno suggested specifying an engineered breakaway post. MOTION Council Member Paterno moved that Ordinance 37 -13 return for discussion on the November 14, 2013 agenda; seconded by Council Member Okun; motion carried unanimously 4 -0. NEW BUSINESS 18. SPR 07 -13, SITE PLAN REVIEW, APPLICATION OF HANNAH'S HOME OF SOUTH FLORIDA, INC. FOR A MASTER SITE PLAN TO CONSTRUCT A BOARDING SCHOOL. THE APPLICATION INCLUDES DEVELOPMENT PHASES AND A PROPOSED LANDSCAPE PLAN. THE ADDRESS OF THE PROPOSED MASTER SITE PLAN IS 4390 COUNTY LINE ROAD, TEQUESTA, FL. Attorney Davis noted the item was quasi judicial and swore in five persons. He then asked Council for ex parte communications, responses are as follows: Council Member Okun left the room at 8:08 p.m. Council Member Paterno - had spoken to the applicant many times, not on this matter. Vice Mayor Arena - had spoken to the applicant many times, not on this matter. Mayor Brennan - had not spoken to the applicant on this matter. Council Member Okun was absent from the room. Nilsa C. Zacarias, Director of Community Development offered her recommendation and background on the item. Council Member Okun returned at 8:13 p.m. i7: -- Village Council Minutes October 10, 2013 Page 8 Jon Olson, Architect representing Hannah's Home provided an overview and presentation of the project. Ms. Zacarias advised that a soil test had been done on the adjacent property in 1988 and suggested the SPR 07 -13 site be tested as well. She explained possible contamination concerns, the impact of such and her suggestions. Mr. Olson replied with proposed compliance and noted soil analysis results previously completed that would be made available to the Village. Manager Couzzo responded that the village would evaluate the existing reports, and if any, further tests would be required. Attorney Davis asked Council Member Okun for any ex parte communications, he had none. Ms. Carol Beresford, Founder of Hannah's Home offered the established criteria for residents and education, noted volunteerism, helpful donations and day to day operations. Pastor Paul Beresford reported great changes in the women who have resided at the facility. Mayor Brennan closed the public hearing. MOTION Council Member Paterno moved approval of SPR 07 -13 with the stipulation of the staff report granted and the 2007 report produced for Village assessment; seconded by Council Member Okun; motion carried unanimously 4 -0. 19. ORDINANCE 27 -13, FIRST READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78 -551 THROUGH 78 -554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACTIVITIES, AND BY CREATING AN ENTIRELY NEW SECTION 78 -561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WITHIN THE VILLAGE Attorney Davis read Ordinance 27 -13 title into the record. Council Member Paterno referred to the mention of no penalties, special events and garage sale permits. He also questioned alcohol limitations and adding further event restrictions for disregard of Village permit regulations. Attorney Davis responded that a Special Magistrate was used to enforce fines and Village now held an existing maximum $500 fine which was imposed administratively, nothing was addressed in the code. Dottie Campbell, 30 Eastwinds Circle, stated that a recent event was given permission to sell beer, contrary to rumors that beer as sold without a permit. � „ter„ Village Council Minutes October 10, 2013 Page 9 Manager Couzzo noted violation dynamics and indicated holiday events would have persons drinking publicly and in violation. He explained consequences of approving the draft language and suggested alcohol allowance be Council approved. Vice Mayor Arena suggested care be taken before approving language which could be difficult to enforce. Attorney Davis clarified Village sponsored events and alcohol permitting. Mrs. Campbell reported that events in her plaza offered wine inside, no liquor. She felt businesses were not aware of what was and was not allowed and felt "outdoor" should be stated. Council Member Paterno voiced concern with residents who were combining garage sales and Craigslist businesses out of their homes. Vice Mayor Arena supported limiting garage sale events to two per year. Mayor Brennan suggested two signs be allowed. Council Member Paterno noted that signs were abandoned in the past. Vice Mayor Arena suggested a six p.m. sign removal be stipulated with a $50 fine for signs left. David Green, 241 Fairway West proposed three signs be allowed. MOTION Vice Mayor Arena moved approval of Ordinance 27 -13 with the word outdoor added and garage sales limited to two per year during a 12 month period; seconded by Council Member Paterno; motion carried unanimously 4 -0. Items 20 and 21 were removed from the agenda. 20 ORD 30-13, FIRST RE D!t!g AMENDING HE VILLAGE G DE OF ORDINANCES AT CHAPTER 63 ARTlrLE 11 . RIGHT-OF-WAY REGULATIONS, O RE NAME T ART AS "PLACEMENT ND MA OF F =A I I = � FOR COMMUNICATIONS SERVICES IN RIGHTS-OF-WAY"; TO UPDATE AND f €R-�TAa J n COMPLIANCE WITH FEDERAL A ND EI oRIDA I ern/• T D � rT V��"ITTTTCPG ' CpTT7"�T�� RECOGNIZE W COMMUNICAT FACILITIES T MAY RE DI AGED IN I S I Y F RIGHTS O WA; TO PROVIDE NEW AETHETIC REQUREMEI\ITS ARID PUBLIC c, c�� WAY; r= v[vrrr�rr v � cry vT� r HF–=,ARING REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN RIGHTS- C)F=_VVA)(T_TO RECOGNIZE ecc_TURO GH TELECOMMUNICATIONS NICATIONS PROVIDERS , cERA IR TE AN[) N M TEL DISTINCT FROM TELECOMMU DEAL AND T O ' PROVIDE — FOR T HE GO I EGTION OF PASS-THROUGH PROVIDER FEES –IN AGG Anl�E WITH STATE LAW 21 ORDINANCE 31-13 RE DINg AMENDING NG THE —VILL GE CODE OF ORDINANCES eT_ CHAPT —78 — ZONING. ARTICLE IX SI IDRI EMEnITeI R EGUL ATIONS . DIVISION 5 WIREL TEL ECOMMl NIGATION TOWERS A .�,,eAv Village Council Minutes October 10, 2013 Page 10 ANIT €NNAS.BY AM ENDING THIS DiVISIG i TO CL AR I FY THAT is IDIVISI - DO NO APPLY E V TO THE PL-ACEM €NT —QF ANA( UTILITY OR T.�O rTV�/'f T�� C TELECOMMUNICATIO FACILITY IN THFE _RIGuTS -OF- AiAV LOCATED IN TH€ VILLAGE AND BY ADDING CERT�n S 22. ORDINANCE 38 -13, FIRST READING, AMENDING CHAPTER 78. ZONING. ART. X. OFF - STREET AND ON- STREET PARKING AND LOADING REGULATIONS. BY PROVIDING NEW PARKING REGULATIONS FOR VETERINARY OFFICE USES, BY ADDING REGULATIONS REGARDING PARKING LOT TRAFFIC CALMING DEVICES AND INTERNAL SIGNAGE, AND REGARDING OFF - STREET YARD AREA PARKING SPACES; FURTHER REVISING CERTAIN PARKING SPACE, LOADING AREA AND DRIVE AISLE PARKING REQUIREMENTS, AND BY PROVIDING FOR INTERNAL CONSISTENCY AND UPDATED GRAPHICS; FURTHER AMENDING CHAPTER 78. ZONING. BY REPEALING ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 11, PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES ON PRIVATE LOTS Attorney Davis read Ordinance 38 -13 title into the record. Council Member Okun recommended striking speed bumps and quoted the police chief as they slowed things down and placed people at risk. Council Member Paterno suggested signs be checked to see if they were per original site plans and questioned illegal modifications of driveways and the placement of rock. Attorney Davis clarified areas must be bordered and loose gravel must be contained. Nilsa C. Zacarias, Director of Planning and Zoning stated parking specifications had been changed to nine feet wide per Village traffic engineers. She noted previous reference tables were confusing and had been updated as well. Dottie Campbell, 30 Eastwinds Circle voiced her support for ten foot wide parking spots and her understanding that less accidents were caused when larger parking areas were offered. Attorney Davis noted the existing code stipulated spaces at nine by eighteen. Harold Taylor, 13 Chapel Court, felt Publix had hired expert developers to configure their parking lot specifications and suggested care be taken when the Village asked for speed bumps and signs to be removed. He felt the Village could inherit responsibilities if incidents occurred from their removal. Village Council Minutes October 10, 2013 Page 11 Manager Couzzo questioned developments in progress and how the changes would affect those projects. Attorney Davis responded that the law on the books at the time of application would be followed and Council could request the applicant adopt the new implementations. MOTION Council Member Okun moved approval of Ordinance 38 -13 with parking spaces width set at 10 feet and verbiage be removed regarding traffic calming devices; seconded by Council Member Paterno; motion carried unanimously 4 -0. 23. ORDINANCE 39 -13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY AMENDING THIS DIVISION TO UPDATE CERTAIN "FLORIDA FRIENDLY LANDSCAPING" REQUIREMENTS THROUGHOUT THE VILLAGE, TO CLARIFY THE APPLICATION OF SUCH REGULATIONS TO NEW CONSTRUCTION AND CERTAIN RE- DEVELOPMENT; TO UPDATE CODE GRAPHICS AND PROVIDE FOR INTERNAL CONSISTENCY Attorney Davis read Ordinance 39 -13 title into the record. Council Member Paterno suggested tree canopies be increased to larger than the five feet. Attorney Davis suggested 12 feet. Council agreed on 16 feet. Mayor Brennan opened the public hearing for public comment. There being no public comment the hearing was closed. MOTION Council Member Paterno moved approval of Ordinance 39 -13 with tree height stipulated at 16 feet; seconded by Council Member Okun; motion carried unanimously 4 -0. 24. ORDINANCE 41 -13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES "; RELOCATING AND UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE I Attorney Davis read Ordinance 41 -13 title into the record. Council Member Paterno suggested the word effectively be eliminated and questioned travel trailers on page six of the ordinance. Attorney Davis noted the six foot screening and that 15 foot RV's were not required to be screened. Council Member Paterno asked that the word carport be struck under R1A. Village Council Minutes October 10, 2013 Page 12 Dottie Campbell, 30 Eastwinds Circle indicated her protest regarding RV's and extensive screening. Vice Mayor Arena suggested the planting of a three foot hedge for screening be required before a boat is parked. Mayor Brennan felt the stipulated two year growth regulation was difficult to monitor. Mayor Brennan closed the public hearing. MOTION Council Member Paterno moved approval of Ordinance 41 -13 with changes as follow: change the 14 day period under section 46 -73 to 30 days, remove the word "effectively" and when referencing R1A the word "carport" be removed, seconded by Vice Mayor Arena; motion carried unanimously 4 -0. 25. ORDINANCE 42 -13, FIRST READING, AMENDING CHAPTER 78. ZONING. ARTICLE IX SUPPLEMENTAL REGULATIONS AT DIVISION 2. SITE PLAN REVIEW, TO PROVIDE FOR INTERNAL CONSISTENCY, TO UPDATE THE LIST OF OUTSIDE REGULATORY AGENCIES, TO BRING LEVEL OF SERVICE STANDARDS INTO CONFORMANCE WITH THE VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO PROVIDE FOR THE VILLAGE'S DEVELOPMENT REVIEW COMMITTEE, TO PROVIDE FOR AN OPTIONAL CONCEPTUAL PRE - REVIEW PROCESS AND TO UPDATE CERTAIN APPLICATION REQUIREMENTS INCLUDING REQUIREMENTS FOR THE IMPOSITION OF CONDITIONS OF APPROVAL; AND AT DIVISION 3. SPECIAL EXCEPTION USES, SECTION 78 -365, TO SPECIFY THAT CONDITIONS OF APPROVAL ASSOCIATED WITH THE GRANTING OF A SPECIAL EXCEPTION MUST BE RELATED TO THE PROPOSED DEVELOPMENT AND BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH RECENT RULINGS BY THE UNITED STATES SUPREME COURT; AND AT SECTION 78 -369, TO UPDATE OPTIONAL SPECIAL EXCEPTION USE PRE - APPLICATION REVIEW PROCESS SUBMITTAL REQUIREMENTS Attorney Davis read Ordinance 42 -13 title into the record and explained the changes. 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 public hearing was closed. Village Council Minutes October 10, 2013 Page 13 MOTION Council Member Paterno moved approval of Ordinance 42 -13; seconded by Council Member Okun; motion carried unanimously 4 -0. 26. ORDINANCE 44 -13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS, BY PROVIDING ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF THIS CHAPTER CONSISTENT WITH MAXIMUM PENALTIES ALLOWED BY STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. Attorney Davis read Ordinance 44 -13 title into the record. Council Member Okun questioned citations. Attorney Davis offered clarity. Mayor Brennan opened the public hearing for public comment. There being no public comment the hearing was closed. MOTION Council Member Paterno moved approval of Ordinance 44 -13; seconded by Council Member Okun; motion carried unanimously 4 -0. STANDING REPORTS • Village Attorney Attorney Davis had nothing to report. • Village Manager Manager Couzzo noted a suggestion from Arcadis regarding replacement of asbestos pipes and stated that the $7,000 report recently approved would not be prepared and explained options. He encouraged Council to combine efforts in addressing the situation through Jupiter Inlet Colony's project. ANY OTHER MATTERS Vice Mayor Arena noted a suggestion to make Remembrance Park a Boat Parking /storage. Council Member Paterno felt neighboring properties values would be reduced. Mayor Brennan suggested that Manager Couzzo and Brad Gomberg move forward with Verizon regarding tower space. Consensus of Council supported. Mayor Brennan recommended workshops be changed or cancelled if they fell too close to the Regular Council meeting. She also felt workshop agendas should be limited to three items unless a pressing ordinance need be added. She also reminded Council of the time certain of 9:00 P.M. Village Council Minutes October 10, 2013 Page 14 Vice Mayor Arena added that discussions remain on topic. Consensus of Council was that workshops and regular meetings be a minimum of ten days apart. Attorney Davis suggested that the ordinance deadline be extended past the December 2013 date and indicated March 2014 would be more accommodating. Council agreed. ADJOURNMENT Vice -Mayor Arena moved to adjourn the meeting; seconded by Council Member Okun. The motion to adjourn carried unanimously 4 -0; therefore, the meeting was adjourned at 11:18 p.m. Respectfully submitted, Deanna Mayo 7 Assistant to the 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. ,�„_Vll 110