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HomeMy WebLinkAboutMinutes_Regular_10/09/2014 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING OCTOBER 9, 2014 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:00 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 to approve the agenda with item 15 moved to follow item 8; seconded by Council Member Paterno; motion carried unanimously 5 -0. CONSENT AGENDA MOTION: Council Member Okun moved approval of the Consent Agenda, seconded by Council Member Patemo; motion carried unanimously 5 -0. 1. MINUTES — 9/3/14 Workshop; 9/11/14 1S Public Hearing Budget Minutes, and 9/11/14 Regular Meeting 2. Approval of Non - Unionized Employee Salary Increase and Health Insurance Premium Change A. Approve 2% Salary Increase for all Eligible General Non - Unionized Employees B. Approve Removal of $50/$100 (individual /family) Health Insurance Premium Contribution for Eligible Non - Unionized General Employees 3. Renewal of the Employee Assistance Program Agreement with the Center for Family Services of Palm Beach County, Inc. for FY 2014/2015 4. Approval of Town of Jupiter Island and Village of Tequesta Emergency Potable Water Interconnect Agreement 5. Council Approval to hold the 13 Annual Thanksgiving Day, 4 Mile Race & Kids 100 Yard Dash on Thanksgiving Day 2014 6. Approval of Services from Island Time Productions for Annual Tequesta Fest — November 22, 2014 from Noon — 5:00 p.m. END OF CONSENT AGENDA Village Council Minutes October 9, 2014 Page 2 COMMUNICATIONS FROM CITIZENS Jim Humpage, 562 N. Dover Road, suggested that Council become more involved with the employees on a concerned level (and not as Council Members) to obtain feedback. He felt there were many great employees who were frustrated and faith needed to be restored. Mr. Harold Taylor, 13 Chapel Court, noted an article from 9/8/14 regarding All Aboard Florida (AAF) and felt it could not be stopped. He also commented on the Village's landscape maintenance code and his perception regarding excessive weeds. COMMUNICATIONS FROM COUNCIL Council Members commented on the following: Mayor Brennan: • Treasure Coast Regional Planning Council and the US1 Corridor • The current status of All Aboard Florida and, suggested a Workshop be scheduled • Seabrook property decision Vice Mayor Arena: • Food Truck success • Agreed with Mr. Humpage's comment and supported Council shadowing employees Council Member D'Ambra: • The Chili Cook Off car raffle STANDING REPORTS Village Attorney Attorney Davis stated that there had been no ruling on the Inspector General's funding litigation and, suggested Council schedule a workshop to discuss Florida Amendment 2. He also asked that Council define parameters if discussions were to occur in relation to Jim Humpage's comments regarding employee moral concerns. Village Manager Manager Couuo had no report. REGULAR AGENDA OLD BUSINESS 7. VARIANCE 03 -14, Variance Application of Bogland Taverns, Inc., 187 Tequesta Drive Attorney Davis swore in six persons and asked Council for any Ex Parte communications. The following were disclosed: Council Member Okun had a discussion with the real estate representative in the conference room. Mayor Brennan communicated with the real estate representative in the conference room, on the phone and exchanged emails. Village Council Minutes October 9, 2014 Page 3 Council Member Paterno emailed and spoke with the realtor and his attorney, Mr. Thomas. Nilsa C. Zacarias, Director of Community Development noted high points and offered clarity regarding the application. She noted reconfiguration suggestions along with her optimistic view relating to the possible elimination of a vacant property within the Village. George Gentile, President of Gentile Holloway O'Mahoney & Associates explained usable and non - usable square footage associated with the applicant and the intentions to have a successful restaurant that added a viable benefit to the Village. Attorney Davis explained the Village Code concerning partitioned off square footage and use in regards to parking. He also noted sections of the code such as inclusions of outdoor seating, expansions and changes to restaurants and felt the applicant fell within the Village Code with their variance request. Council Member Paterno felt that question two of the applicant was answered incorrectly and believed the owner's previous neglect of easement rental payments should be disclosed. Council Member D'Ambra felt the current purchaser was not responsible for the past payments. Council Member Paterno questioned the applicant on their response regarding question two. Mr. Gentile responded that the variance is for the owner who will own and run the restaurant. MOTION: Council Member Okun moved approval of VAR 03 -14 with approval of a wall to partitioned off Z060 sq. ft. as unusable space with the Village having the right to inspect for compliance; seconded by Council Member D'Ambra; motion carried 4 -0 with Council Member Paterno opposed. 8. SPECIAL EXCEPTION USE SEU 01 -14, Special Exception Use Application of Bogland Taverns, Inc., 187 Tequesta Drive Attorney Davis swore in Tim English, Building Department Director /Building Official. Nilsa C. Zacarias, Director of Community Development offered details and procedures associated with the application. George Gentile, President of Gentile Holloway O'Mahoney & Associates noted their understanding of the special exception and responsibilities. He confirmed that the establishment would be a restaurant, not a night club. Council Member Paterno asked that the walled off area be properly inspected to ensure non -use. Mr. Gentile assured there would be compliance with the request. Council Member Paterno voiced his concerns for possible issues such as rodent problems, ADA (American Disability Act) compliance, Florida Building Village Council Minutes October 9, 2014 Page 4 Code and other concerns. He suggested the applicant work with Community Development on all concerns and that appropriate stipulations be attached to the special exception. MOTION: Council Member D'Ambra moved approval of SEU 01 -14 with approval of a wall to partitioned off Z060 sq. ft. as unusable space with the Village having the right to inspect for compliance, seconded by Vice Mayor Arena, motion carried unanimously 4 -1 with Council Member Patemo opposed. 15. Approval of The Treasure Coast Regional Planning Council (TCRPC) Planning and Urban Design Services Agreement for US 1 Corridor from Beach Road to the Martin County Line Attorney Davis summarized the planning and redesign between Bridge Road and County Line Road. Council discussed concerns, changes and costs. Mayor Brennan noted that FDOT (Florida Department of Transportation), MPO (Metropolitan Planning Organization) and The Town of Jupiter would be involved. She believed Tequesta was in a good position to have all costs covered for their portion of the project. Mr. Ralston, 407 Beacon Street, voiced his opposition to the project and asked about future traffic projections. Vice Mayor Arena noted that meetings would be held for resident input. MOTION: Council Member D'Ambra moved for approval, seconded by Council Member Patemo; motion carried unanimously 5-0. 9. ORDINANCE 13 -14, SECOND READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE I. IN GENERAL. BY UPDATING AND REVISING THE LIST OF DEFINITIONS FOR TERMS CONTAINED IN THE VILLAGE'S ZONING ORDINANCE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB - SECTION OF CHAPTER 78. ZONING. Attorney Davis read Ordinance title 13 -14 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 13 -14, seconded by Council Member D'Ambra, motion carried unanimously 5-0. 10. ORDINANCE 14 -14, SECOND READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. DIVISION 2. SCHEDULE OF USE REGULATIONS. BY PROVIDING FOR INTERNAL CONSISTENCY, Village Council Minutes October 9, 2014 Page 5 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 PERMITTED 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 title 14 -14 into the record. Council Member D'Ambra questioned compliance guidelines regarding generators. Attorney Davis explained that existing businesses were grandfathered in under the Ordinance. Mayor Brennan opened the public hearing for public comments; there being none she closed the hearing. MOTION; Council Member Okun moved approval of Ordinance 14-14, seconded by Vice Mayor Arena; motion carried unanimously 5-0. 11. ORDINANCE 15 -14, SECOND 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 title 15 -14 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 D'Ambra moved approval of Ordinance 15-14, seconded by Vice Mayor Arena, motion carried unanimously 5-0. 12. ORDINANCE 18 -14, SECOND 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 Village Council Minutes October 9, 2014 Page 6 Attorney Davis read Ordinance title 18-14 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 D'Ambra; motion carried unanimously 5-0. NEW BUSINESS 13. SPECIAL EVENT SE 03 -14 Special Event Application for Palm Beach Roadrunners for the 14 Annual Run 4 the Pies Four -Mile Road Race. Event is planned to take place on November 27, 2014. It will start and finish at Constitution Nilsa C. Zacarias, Director of Community Development offered details of the event. Council Member Paterno questioned the time frame in which the race would close off the Tequesta Bridge to the public. Mr. Greg Corbitt, Director of Parks and Recreation, responded that half of the bridge would be open to traffic and the other half closed. MOTION: Council Member Okun moved approval of SE 03 -14, seconded by Vice Mayor Arena, motion carried unanimously 5-0. 14. ORDINANCE 19 -14, FIRST READING, ANNEXING THREE (3) PARCELS OF REAL PROPERTY COMPRISING A TOTAL OF 1.7934 ACRES, MORE OR LESS, LOCATED AT 3774, 3764, AND 3754 COUNTY LINE ROAD, AS WELL AS THE ADJACENT SOUTHERLY HALF OF COUNTY LINE ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING THAT THE SUBJECT PARCELS ARE HEREBY ANNEXED PURSUANT TO SEC. 171.044, FLORIDA STATUTES AND SEC. 4.02 OF THE VILLAGE OF TEQUESTA CHARTER; DIRECTING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS ANNEXATION; DIRECTING THE VILLAGE CLERK TO FILE A COPY OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT IN PALM BEACH COUNTY, THE CHIEF ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY AND WITH THE DEPARTMENT OF STATE WITHIN SEVEN (7) DAYS AFTER ADOPTION Attorney Davis read Ordinance title 19 -14 into the record. Nilsa C. Zacarias, Director of Community Development established that all owners had requested to be annexed into the Village and that Palm Beach County had confirmed compliance. She disclosed that a plan existed to develop 16 units on the adjacent property but, a site plan application had not yet been received. Mayor Brennan opened the public hearing for public comment; there being no other comment Village Council Minutes October 9, 2014 Page 7 the public hearing was closed. MOTION: Council Member D'Ambra moved approval of Ordinance 19 -14; seconded by Council Member Patemo; motion carried unanimously 5 -0. ANY OTHER MATTERS Vice Mayor Arena invited everyone to the Bacon Fest at his home on the morning of the Run for the Pies to watch the event. 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 7:42 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.