HomeMy WebLinkAboutMinutes_Regular_09/11/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING , SEPTEMBER 11, 2014 .� / '3� � Y CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:15 p.m. A roll call was taken by Village Clerk Lori 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 Vice Mayor Arena offered the invocation followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor Arena; motion carried unanimously 5-0. PRESENTATIONS 1. Presentation on Highway US 1 Road Project Council Member D'Ambra explained Tequesta's intent fior a"US1 Boulevard" project, timetables and opportunities which would add modernization, beauty and enhancements to Tequesta. Mr. Mike Busha, Treasure Coast Regional Planning Council Executive Director offered a presentation and noted improvements and opportunities of working with the FDOT (Florida Department of Transportation). He also explained upgrades to the area and improved safety precautions to the community. 2. Public Safety Pension Board Presentation Mr. John Terzakis, provided an overview and noted financial efficiency of the Public Safety Pension Plan. CONSENT AGENDA MOT/ON: Vice Mayor Arena moved approval of the Consent Agenda with item nine removed for discussion by Council Member D'Ambra; seconded by Council Member Okun; motion carried unanimously 5-0. 3. MINUTES — 8/11/14 Workshop and 8/14/14 Regular Meeting 4. Approval of Contracts Signed by Manager under $25,000 a. Nixle LLC Emergency Notification Software Proposal $6,100 Village Councit Minutes September 11, 2014 Page 2 . b. Southeastern Printing Co., Inc. Proposal to print the Smoke $3,143 Signals Fall Edition Newsletter c. Southeastern Printing Co., Inc. Proposal to prepare the $530 newsletter for mail and to mail 5. Council Approval of NZC Amended Contract 6. Approval of CWA Collective Bargaining Contract October 2013 — September 2016 7. Council Approval of Manatee Protection Plan Interlocal Agreement for Law Enforcement Services between Palm Beach County and the Village of Tequesta 8. RESOLUTION 21-14, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR FY 2015 10. Resolution 23-14, AMENDING THE FISCAL YEAR 2013/2014 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES BY $12,500; BUDGETING REVENUES FROM DONATIONS AND/OR PLEDGES TO THE MILITARY-TO-MAIN-STREET PROGRAM; FUNDING MILITARY-TO-MAIN-STREET EXPENDITURES TO THE EXTENT OF THE DONATIONS/PLEDGES 11. Memorandum of Agreement with the PBA - Article 15 (Insurance) 11 A. Agreement between Donald "Rick" Ricciardi and the Village of Tequesta for the Position of Assistant Chief of Police to be Effective 09/22/2014 — 09/22/2015 at a Starting Salary of $91,300 END OF CONSENT AGENDA 9. RESOLUTION 22-14. 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. 31-13; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL DURING REGULAR BUSINESS HOURS Attorney Davis read Resolution 22-14 title. Council Member D'Ambra stated that the resolution had not been discussed and asked for an explanation on the water rate increase and how it was determined. Ms. JoAnn Forsythe, Finance Director, pointed out that this was operational, adjusted yearly by the CPI (Consumer Price Index) along with expenditures and revenues and calculated by ordinance. Council Member D'Ambra asked if rainfall was also a factor. Ms Forsythe responded that rain fall would affect production costs. Village Council Minutes September 11, 2014 Page 3 MOTION: Council Member Okun moved approval of Resolution 22-14; seconded by Counci! Member Paterno; motion carried unanimously 5-0. Council Member Paterno asked that item 21 be moved forward in the agenda. 21. Approve Contract for Professional Engineering Services for the Design, Permitting, Bidding and Construction Management Services for the Jupiter lnlet Colony Neighborhood Rehabilitation Project Manager Couzzo offered a background associated with the project and noted the ViNages perspective and needs. He stated that the Village would benefit from joining the job and sharing a partial responsibility would cut costs. Manager Couzzo added clarity regarding construction costs. MOTION.• Vice Mayor Arena moved approval of item 21; seconded by Council Member Paterno; motion carrfed unanimously 5-0. COMMUNiCATiONS FROM CtTIZENS There were none. COMMUNICATIONS FROM COUNCtL Council Member Paterno noted that incorrect infarmation regarding Tequesta was printed on FEMA Flood maps and that he had given the particuiars to a FEMA engineer which would be corrected sometime in the future. He asked that Manager Couzzo folfow up with a certified letter so that Tequesta would be notified once the correction occured. Manager Couzzo responded that he would. Mayor BrennaN explained that department heads attended Council meetings to become more familiar with approval procedure and to assist Council with understanding current stafius in each department. She suggested they also review their budgets prior to a meeting to be able to answer basic questions. She assured department heads that Counci! intention was not to put anyone on the spot and would be patient if a response to a Council inquiry was something that needed time. Mayor Brennan introduced Mr. Tim English, the Village's new Director of the building department and welcomed him to Tequesta. STANDING REPORTS Villaqe Attornev Attorney Davis noted that the Inspector Generai funding case was tried and waiting on the judge's rufing. He felt testimony was very good and ali were hopeful. He beiieved an appeal from the losing side was imminent. Councif Member D'Ambra questioned the status of Tequesta Shoppes. Attorney Davis noted the previous figure of $38,000 associated with the settlement of the code infiraction. Village Council Minutes September 11, 2014 Page 4 VillaQe Manauer No report REGULAR AGENDA OLD BUSINESS 12. ORDINANCE 16-14, SECOND READING, AN ORDINANGE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY CREATING AN ENTIRELY NEW DIVISION 4. BUILDING DEPARTMENT. TO PROVIDE FOR A DISTINCT BUILDING DEPARTMENT, SEPARATE FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT; PROVIDING FOR FUNCTIONS AND FOR SUPERVISION; RE-NUMBERING ALL SUCCESSIVE DIVISIONS IN THIS ARTICLE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 2. ADMINISTRATION. SHALL REMAIN 1N 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 16-14 title into the record. Mayor Brennan opened the public hearing to Council for comments; there being none she opened the hearing to the pubfic. There being no public comment the public hearing was closed. MOTION: Council Member Okun moved approval of Ordinance 16-14; seconded by Council Member Paterno; motion carried unanimously 5-0. NEW BUSINESS 13. VARIANCE 02-14, Variance Application of Bogland Taverns, Inc., 187 Tequesta Drive Attorney Davis swore in seven people associated with Variance 02-14 & SEU 01-14, he then asked Council for any ex parte communications, there were none. Nilsa C. Zacarias, Director of Community Development offered back ground on both items and noted parking and code issues and applicant concerns along with details associated with the plaza. Attorney Charles Thomas, Bogland Tavern representative explained the short sale process which the restaurateur had been through and the parking issues that had been a long term problem which detoured potential buyers. He stated that without a variance, the property could not be sold and was currently an eye sore to the community. Village Council Minutes September 11, 2014 Page 5 Council Member Okun questioned potential liability relating to the parking area across the street which had been utilized for overflow uses. Manager Couzzo stated Council was not being asked to consider the parking area in accordance with this item. Attorney Davis noted that special conditions must be established as an existing problem, not produced. He sated the applicant was responsible to provide verification. Council Member Paterno noted previous issues with the proximity of the business, problematic parking and that neighbors felt a hardship was created. He felt this should not be something the residents have to pay for. Council Member Paterno moved to deny the variance; a second was not received, the motion died. Gary Nagle, Real Estate Attorney, provided a handout which showed the plat of the restaurant building, surrounding areas and Tequesta Oaks. He reviewed history of the adjacent parcels and Council approvals at the time of development and stated it was unfortunate that a perpetual cross parking easement or adequate parking assurance was not granted and; thereby believed fault was not due totally to the applicant. Mayor Brennan felt the issue had been exacerbated by lease nonpayment and was concerned with creating a new potential issue regarding residents crossing a main street to patronize a business. Vice Mayor Arena noted the parking area across the street had always been used for overflow parking. Mr. Nagle noted that people would be advised that they may not park in neighboring residential areas and must utilize parking across the street in an overflow situation. He suggested police assist with enforcement if parking occurred in the neighborhood. Council Member Paterno reminded that the park across the street was on a short term lease and availability was not guaranteed. Council Member D'Ambra suggested the applicant contact and secure a long term arrangement for their parking from Mr. Zuccarelli. Mr. Nagle felt Council should enact a shared use agreement. Mr. Nagle responded that they had not planned long operating hours and five hours was all that was needed in the evenings. Mayor Brennan suggested sending the item back to staff. John Terzakis, 6 Tall Oaks Circle, felt the application did not correlate with his memory. He disclosed that he had lived in The Oaks for 13 years and stated the building continuously had parking issues. Mr. Terzakis noted that times and population had changed and noted that over flow parking, numerous calls to police, trash, bottles etcetera had been his experience. Vice Mayor Arena suggested the owner be mandated to pay for security and police for traffic control of the pedestrian cross way. Mr. Terzakis felt that would not realistically occur and felt the reduction in parking spaces from 62 to 38 also, did not make sense. Rosemary Von Zabern, 20 Laurel Oaks, voiced her feelings that McCarthy's was bearable, although parking was difficult and, the last two businesses were disasters. Her concern was a variance ran with fand and could be passed on to a new disconcerting industry. Harold Taylor, 13 Chapel Court, felt if the Village desired to clean up US 1, they would not want a derelict building. He suggested there were two options - to live with the building or give a variance. Village Council Minutes September 11, 2014 Page 6 Mayor Brennan encouraged Mr. Luigi Indovino (prospective buyer) to sit with Ms. Zacarias and the Village Manager and get creative and work with the applicant and Mr. Zuccarelli for a solution. Mr. Luigi Indovino felt there was no solution and stated his restaurant was a quality establishment with customers who would be compliant and no bother. He did not understand why this was so difficult. Manager Couzzo reiterated that Council had suggested committing to meeting with staff and contacting Mr. Zuccarrelli for options. Mr. Zacarias noted that parking code did not allow shared parking and confirmed that parking must be on site. Mayor Brennan reported that approval would not move forward this evening. Mr. Nagle responded that they would consent to an extension. No action was taken. 14. SPECIAL EXCEPTION USE SEU-01-14, Special Exception Use Application of Bogland Taverns, Inc., 187 Tequesta Drive Item SEU 01-14 was associated writh VAR 02-14 with no action taken at tonight's meeting. 15. SPECIAL EVENT SE-01-14, Special Event Permit Application from Good Shepherd Episcopal School for food trucks, children activities, family fundraising event. The event is planned to take place September 26, 2014. Alcohol will be served. Projected number of attendees is 1,000 people. Nilsa C. Zacarias, Director of Community Development summarized the next two items by the Good Shepherd School. She noted the projected attendance at each event required Council approval. James Hoye, Good Shepherd Episcopal School Director thanked Council and the Village for their approach to community and relationships. Amy Quigley Good Shepherd Episcopa{ School volunteer and event coordinator offered details of the event and explained how successful it had been for the Church. MOTION: Council Member D'Ambra moved approval of SE 01-14; seconded by Council Member Okun; motion carried 4-1 with Council Member Paterno opposed. 16. SPECIAL EVENT SE-02-14s Special Event Permit Application from Good Shepherd Episcopal School for a 5K run at Constitution Park and surrounding streets. The event is planned to take place March 7, 2015. Alcohol will Not be served. Projected number of attendees is 500 people. Mayor Brennan noted the item. MOTION: Council Member Okun moved approval of SE 02-14; seconded by Council Member Paterno; motion carried unanimously 5-0. Village Council Minutes September 11, 2014 Page 7 17. ORDINANCE 13-14, FIRST READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE I. IN GENERAL. BY UPDATING AND REVISING THE L{ST OF DEFINITIONS FOR TERMS CONTAINED IN THE VILLAGE'S ZONING ORDfNANCE; PROVIDING THAT EACH AND� EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. Attorney Davis read Ordinance 13-14 title into the record. He stated that Council had held workshops and discussed the Ordinance several times. Council Member Paterno voiced his concern regarding sheds. Council proceeded with in- depth discussions including sheds, permanent versus non-permanent uses, setbacks, utility easements and code issues. MOTION: Council Member D'Ambra moved approval of Ordinance 13-14; seconded by Council Member Okun; motion carried unanimously 5-0. 18. ORDINANGE 14-14, FIRST READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE REGULATIONS. BY PROVIDING FOR INTERNAL CONSISTENCY, UPDATING CERTAIN TERMINOLOGY CONSISTENT WITH STATE LAW, REQUIRING THE USE OF EMERGENCY BACKUP GENERATORS FOR CERTAIN GASOLINE SERVICE STATIONS AND CONVENIENCE STORES, PROVIDING FOR ADULT ENTERTAINMENT AS A SPECIAL EXCEPTION USE IN THE C-3 ZONING DISTRICT, AND INCREASING THE SQUARE FOOTAGE SIZE FOR CERTAIN PERM{TTED USES IN COMMERCIAL AND MIXED USE ZONES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. Attorney Davis read Ordinance 14-14 title into the record. Mayor Brennan opened the public hearing to the public for comments; there being none she opened the hearing to Council. Council Member Okun questioned backup generators and suggested they be included in the ordinance requirements. Attorney Davis responded that they were not. There being no public comment the public hearing was closed. MOTION: Council Member Paterno moved approval of Ordinance 14-14; seconded by Council Member D'Ambra; motion carried 4-1 with Council Member Okun opposed. Village Council Minutes September 11, 2014 Page 8 19. ORDINANCE 15-14, FIRST READING, AMENDING CHAPTER 78. ZONING. BY AMENDING ARTICLE I. IN GENERAL. AT SECTION 78-4. DEFINITIONS BY REPEALING THE DEFINITION OF "ADULT ENTERTAINMENT ESTABLISHMENT"; BY ADOPTING AN ENTIRELY NEW ARTICLE XIII. TO BE ENTITLED "ADULT ENTERTAINMENT CODE." TO PROVIDE FOR REGULATIONS REGARDING ADULT ENTERTAINMENT AND ADULT ENTERTAINMENT ESTABLISHMENTS, TO PROVIDE DEFINITIONS AND TO PROVIDE PENALTIES; 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 Attorney Davis read Ordinance 15-14 title into the record and noted that current code was a first amendment violation and this rewrite restricted uses in C3. Mayor Brennan opened the public hearing. Council Member D'Ambra questioned the 1,000 foot restriction. Mayor Brennan opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 15-14; seconded by Council Member Paterno; motion carried unanimously 5-0. 20. ORDINANCE 18-14, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO PROVIDE FOR RE-EMPLOYMENT, ELECTION OR APPOINTMENT TO THE VILLAGE COUNCIL AFTER RETIREMENT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION Attorney Davis read Ordinance 18-14 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 18-14; seconded by Council Member Paterno; motion carried unanimously 5-0. ANY OTHER MATTERS There were none ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Council Member Paterno. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 9:08 p.m. Village Council Minutes September 11, 2014 Page 9 Respectfully submitted, Y ( IL 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.