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HomeMy WebLinkAboutMinutes_Regular_11/08/2018 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING 9" November 8, 2018 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 Tom Paterno, Council Member Vince Arena, Council Member Laurie Brandon, and Council Member Kristi Johnson. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford gave the invocation after which Mayor Brennan led the pfedge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Arena moved approval of the agenda; seconded by Vice Mayor Paterno; motion carried unanimously 5-0. PRESENTATIONS 1a. Community Center Design Presentation by REG Architects Former Council Member Frank D'Ambra thanked the members of the Community Center Design committee, summarized the results of a community survey (all supported it), pointed out some enhancements from the previous concept, and advised on the next steps. He then introduced Christine Merrill of REG Architects who referred to distributed materials and reviewed highlights of the project. Mayor Brennan confirmed that the community center information would be at Tequesta Fest for residents to review. Council Member Arena thanked Ms. Merrill for her work. Council Member Brandon asked about the play and wait area and Ms. Merrill explained that it combined a viewing area for parents and play space for waiting siblings. When Council Member Johnson asked if the model fit the budget, Mr. D'Ambra answered that the design was scaled down for affordability though future enhancements were possible. Feedback that Council Member Brandon received questioned a playground in a parking lot. Mr. D'Ambra advised that it was simply an idea for consideration in an available space. After inquiry by Vice Mayor Paterno, Mr. D'Ambra estimated the cost at $5 million. Vice Mayor Paterno recalled a $3 million estimate and Mr. D'Ambra explained that while $3 million was an estimated cost of the building, an estimate for the entire site was $5 million, which included equipment. He continued that after community feedback, bids would be Minutes— Regular 11/08/18 Page 2 sought but $5 million was a solid estimate. Another concern of Vice Mayor Paterno was the proximity of the parking lot to the neighboring lot line. Consensus of Council was to discuss the concept further at the December workshop. Resident Dave Smith of 375 Franklin Road opined that a better use for the money was the repair and maintenance of existing infrastructure. Vice Mayor Paterno agreed that infrastructure maintenance was important and advised that Council planned to review the budget again. Council Member Arena reminded that funds from the one-cent sales tax were also forthcoming for use on infrastructure. Mayor Brennan said she expected a balance between caring for infrastructure and building a recreation center. CONSENT AGENDA MOT/ON: Council Member Arena moved approval of the Consent Agenda; seconded by Council Member Laurie Brandon; motion carried unanimously 5-0. After the vote, Vice Mayor Paterno requested additional information on Item number six, which was then pulled for discussion. 1. Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) 1. Technology Engineering Agreement, Pressure Tank-Public Works $995.00; 2. Technology Engineering Agreement, Sump Pump-Public Works $3,908.00; 3. Verizon GPS Module 1 Year Agreement- Utilities Depart. $18.95 Monthly Service Fee; 4. Zoll Extended Warranty & Preventive Maintenance Agreement-Fire Dept. $3,953.25 (3 Devices); 5. DG Carpentry Install Ceiling Access-Public Works $465.00; 6. DG Carpentry Painting Finance 8� Building Depts. Hallways $1,250.00; 7. DG Carpentry Painting Exterior Mechanical Room and Exit Doors $1,200.00; 8. SAC Wireless-Spring Consent Letter-Village Manager/ Legal $N/A 2. MINUTES: 9/13/18 Special; 10/11/18 Regular; and 10/11/18 Attorney Client Session 3. Approve Contract with Trane US Inc. to Service and Maintain the Air Conditioning Units at Village Hall and the Public Safety Buildings in the Amount of$11,993.00 4. Approval of the Annual Maintenance Renewal for CTS America SmartCop RMS Software for the Police Department. 5. Fiscal Year 2018/2019 Budget Amendments 7. RESOLUTION 39-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 12, 2019, AND IF NECESSARY, THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, MARCH 26, 2019, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 2 AND 4 FOR TWO Minutes— Regular 11/08/18 Page 3 YEAR TERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES. 8. RESOLUTION 40-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUEST, FLORIDA, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DISPOSE OF SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES END OF CONSENT AGENDA 6. Approve Personnel Policy Revision — Family and medical Leave Policy (5.7) to Allow Certain Employees to be Placed on Intermittent Leave with the Ability to Work Remotely as Needed After Human Resources Director/Assistant Village Manager Merlene Reid gave some examples of how this policy would apply, Vice Mayor Paterno questioned whether it was needed and how it would benefit The Village. MOTION: Council Member Johnson moved approval of Item 6. Personnel Policy 5.7 Revision; seconded by Council Member Arena; motion carried 4-1 with Vice Mayor Patemo opposed. MOTION: Council Member Arena moved approval of the Consent Agenda without Item 6; seconded by Vice Mayor Paterno; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS Carolyn Schwartz of 360 Venus Avenue asked whether bicycle lanes would be added on Tequesta Drive; she asked how bicyclists would travel to the new bike lanes on U.S. Highway 1 and stated that there was no room for bicycles on Tequesta Drive and no room for everyone on the sidewalk. COMMUNICATIONS FROM COUNCIL Council Member Johnson had no comments; Council Member Brandon wished all a Happy Thanksgiving. Council Member Arena apologized for raising his voice at the last Council meeting and explained that he took issue with an ordinance that limited the rights of some residents that others enjoyed; he recommended the use of odorless paint or that interior painting be performed after hours. Council Member Arena recalled the idea of a hurricane preparation event and that Parks and Recreation Director, Greg Corbitt would provide cases of water for distribution; he suggested, with consensus of Council, a complimentary letter sent to the Baptist church for their Harvest Festival; he mentioned upcoming community activities and urged a focus on the good within The Village. Vice Mayor Paterno was happy to see greater meeting attendance. Mayor Brennan congratulated newly promoted Fire Chief Trube. Minutes— Regular 11/08/18 Page 4 STANDING REPORTS Villaqe Attornev Village Attorney Keith Davis encouraged Council to R.S.V.P. to the League of Cities Tri- City event on December 7, 2019. He was thankful to serve in the city. Villa4e Manaqer Acting Village Manager Weinand reported the following meetings: • Attorney Davis regarding various activities in the Village • Tom Jensen regarding a utility project listed later on the agenda • Frank D'Ambra, Council Member Arena, Parks and Recreation Director Greg Corbitt regarding the community center • Tequesta Country Club regarding cell tower placement • Mr. Poulette regarding CWA issues • Marilou Kuper regarding a personnel issue • Attended Planning and Zoning meeting • Staff and Inspector General office meeting • Troy Holloway and Steve Cohen regarding a vacant lot north of Publix • Palm Beach County League of Cities meeting • Ms. Massey re: annexation of Tequesta Hills • Village Council Workshop (discussed budget changes for December's meeting) • Troy Holloway and Rob Steinem re: Pelican Square development • Keith Davis' staff regarding return correspondence to the Inspector General's report He closed with congratulations to Finance Director Chris Quirk on his department's Award of Financial Reporting Achievement from the Government Finance Officers Association of the United States and Canada. Police Police Chief Gus Medina announced that many upcoming events required security but the department was prepared; a system for License Plate Readers with built-in cameras was being tested; interviews for police officer and communication officer were being conducted; Halloween was safe and uneventful with extra patrols on duty; Active Shooter training was recently conducted in two local schools and Lieutenant Smolen was sent for additional training. He mentioned that the department was participating in "Movember"for the benefit of inen's health issues; the bike rodeo was scheduled for November; collections for disaster relief were being collected and would be personally delivered by Sergeant Yildiz; last month the department participated in Fire Fest. Police Chief Medina closed by recalling that Tequesta was declared the seventh safest city in Florida and the first in Palm Beach County but there were still victims for whom Tequesta was not the safest which was what drove him to maintain a well-prepared department. Fire Fire Chief Trube appreciated the opportunity of Fire Chief for the Village of Tequesta. He continued by saying that October, November and December were busy for the department with public education and outreach and gave several examples: Fire Fest, Stop the Bleed, Minutes — Regular 11/08/18 Page 5 Hands Only CPR seminars, Trick or Treating at the Fire Station, and participation in the Harvest Festival. Chief Trube offered statistics on the upcoming Chili Cook-off and stated that the Department supported Tequesta Fest and Run 4 The Pies. He stated that due to his promotion to Chief, there were open positions that he would work to fill and that an interim firefighter was recently hired. Vice Mayor Paterno questioned why he had to wait until March to promote a Lieutenant and Chief Trube explained the factors involved in the process. Mayor Brennan elaborated that acting Lieutenants were in place. Council Member Johnson questioned Chief Trube about the Interim firefighter recently hired and thought the position was going to be eliminated. Chief Trube explained that there was a need to hire someone and the position was open already, so he made the decision to go forward with it. REGULAR AGENDA OLD BUSINESS 9. ORDINANCE 15-18, SECOND REQDING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTAQ, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A PRIVATELY-INITIATED APPLICATION # LSC 2-18 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING ONE POINT ZERO FIVE (1.05) ACRES, MORE OR LESS, OF REAL PROPERTY AS MIXED USE; WHICH PROPERTY IS LOCATED AT 691 U.S. HIGHWAY 1, 19626 U.S. HIGHWAY 1, 3486 CANAL COURT AND 3471 INLET COURT, INFORMALLY KNOWN AS "PELICAN SQUARE"; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Keith Davis read Ordinance 15-18 title into the record and declared that this was the second reading. Mayor Brennan opened the hearing to the Council for comment but there was none; she opened the hearing for public comment but there was none. MOTION: Vice Mayor Paterno moved approval of Ordinance 15-18; seconded by Council Member Arena; motion carried unanimously 5-0. NEW BUSINESS 17. ORDINANCE 19-18, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA, FLORIDA;WHICH PROPERTY CONSISTS OF ONE POINT ZERO FOUR SEVEN (1.047) ACRES MORE OR LESS OF LAND IN FOUR PARCELS LOCATED AT 691 AND 19626 U.S. HIGHWAY #1, 3471 INLET Minutes — Regular 11/08/18 Page 6 COURT AND 3486 CANAL COURT; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE RE-ZONED FROM THE VILLAGE ZONING DESIGNATION OF "C-2 COMMUNITY COMMERCIAL DISTRICT' TO THE VILLAGE ZONING DESIGNATION OF "MU MIXED USE"; PROVIDING THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS REAL PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Keith Davis read Ordinance 19-18 title into the record; this was the first reading. He explained that this ordinance amended the zoning map whereas the previously read ordinance was more detailed. Mayor Brennan opened the hearing to the Council but there was no comment. She opened the hearing to the public but there was no comment. MOTION: Vice Mayor Paterno moved approval of Ordinance 19-18; seconded by Council Member Arena; motion carried unanimously 5-0. 10. SPR 01-18 Replat for Blowing Rocks Condominiums (proposed) — 1550 Beach Road, Tequesta, FL 33469 Village Attorney Keith Davis suggested that the presentations for items ten and eleven be combined since they were related. He announced the quasi-judicial nature of both items and swore in seven people. Mayor Brennan and Council Member Johnson disclosed exparte communication with the applicant earlier in the process. Community Development Director Nilsa Zacarias explained the progress of the items thus far through the approval process and pointed out some features of the site plan. She thanked the plan review committee departments and members, then introduced applicant George Gentile on behalf of Turnberry Beach Road LLC. Mr. Gentile thanked staff, then explained the following: the initial plan was modified to minimize impact to the area and comply with ordinances; there was no significant impact to traffic and surrounding land; drainage would improve; The Village would benefit from property taxes; and it was consistent with the comprehensive plan. He closed by thanking Council and offered to answer questions. Vice Mayor Paterno requested an explanation of the variance and Mr. Gentile answered that though the project met the drainage standards of the South Florida Water Management District, it did not comply with The Village's drainage requirements however, neither did any other barrier island condominium project. Vice Mayor Paterno asked about a building to the rear of the property and Mr. Gentile confirmed that the state had been consulted and the building was able to remain but would be renovated and upgraded according to current codes. Mayor Brennan was complimentary of the proposed project. MOT/ON: Vice Mayor Paterno moved approval of SPR 01-18; seconded by Council Member Arena; motion carried 5-0. Minutes— Regular 11/08/18 Page 7 11. SPR 01-18 Application of Turnberry Beach Road LLC. for a site plan review to build an eleven (11) story 21-unit multi-family 210,028 sq. ft. condominium building including one (1) monument sign, one (1) swimming pool, and a new landscaping plan. This application includes the renovation of an existing building into a pool cabana and a 10,500 sq. ft. outdoor amenity space. The address of the property is 1550 Beach Road, Tequesta, Florida, 33469. Village Attorney Keith Davis combined the quasi-judicial announcement, swearing in and ex-parte communication question of both the Replat and Site Plan Review of SPR 01-18. Summarized discussions for both items were noted under item ten. MOT/ON: Vide Mayor Paterno moved approval of SPR 01-18; seconded by Council MemberArena; motion carried unanimously 5-0. 12. Approve Piggyback Contract with Shenandoah Construction for the Purpose of Lining Bad Storm Water Drain Pipes in the Amount of$78,375.00 Mayor Brennan introduced Water Distribution/Storm water Superintendent, Jay Wickham who advised he was following through on a previously set plan to repair failing storm drains. When Mayor Brennan asked, Mr. Wickham confirmed that the contract was budgeted. MOTION: Vice Mayor Paterno moved approval of Item 12 — Piggyback Contract with Shenandoah Construction for Lining Bad Storm Water Drain Pipes; seconded by Council Member Arena; motion carried 5-0. 13. Award Water Treatment Plant Upgrade Project to Flo�ida Design in the Amount of $1,801,500.00 Water Production Superintendent, Nate Litteral advised that the original filter plant was forty years old and most equipment well past its expected life span. This would replace tanks, valves, motor control valves, and electronic controls. Pumps three and four were three years old but the controls were original; the existing generator would be stored offsite as a secondary unit. Vice Mayor Paterno asked if new buildings were required and Mr. Litteral replied that existing buildings would be used but required repairs. Mr. Litteral stated that the typical useful life of such equipment was 20-25 years. MOTION: Vice Mayor Paterno moved approval of Item 13 -Award Water Treatment Plant Upgrade Project; seconded by Council Member Arena; motion carried 5-0. 14. Approve Utility Engineering Services Work Authorization —Water Treatment Plant Miscellaneous Upgrades with Kimley-Horn and Associates in the Amount of$122,150.00 Water Production Superintendent Nate Litteral explained that this sought Council approval for Kimley-Horn to manage the water plant upgrades. Minutes— Regular 11/08/18 Page 8 MOTION: Vice Mayor Paterno moved approval of Item 14 - Approve Utility Engineering Services Work Authorization; seconded by Council Member Arena; motion carried 5-0. 15. RESOLUTION 38-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $3,600.00 TO FUND VARIOUS COMMUNITY OUTREACH PROGRAMS Village Attorney Keith Davis read Resolution 38-18 title into the record. Finance Director Chris Quirk explained that this was a special request from the Police Department who had funds left in their community outreach account from last fiscal year to purchase of bicycles for the upcoming Bike Rodeo. In the past, bicycles were donated but the Police Department wished to fund it. The Rodeo was rescheduled from last fiscal year to the new fiscal year, which necessitated the movement of the funds. MOTION: Council,Member Brandon moved approval of Resolution 38-18; seconded by Council Member Arena; motion carried 5-0. 16. ORDINANCE 17-18, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A PROPOSED VILLAGE INITIATED AMENDMENT TO THE VILLAGE'S CHARTER; WHICH PROPOSED AMENDMENT WOULD REVISE THE CURRENT REQUIREMENT THAT NO LESS THAN FOUR MEMBERS OF THE VILLAGE COUNCIL ARE REQUIRED TO VOTE IN FAVOR OF HIRING A VILLAGE MANAGER AND FIRING A VILLAGE MANAGER, BY REQUIRING NO LESS THAN THREE MEMBERS OF THE VILLAGE COUNCIL TO TAKE SUCH ACTION; FURTHER PROVIDING A BALLOT TITLE AND A BALLOR SUMMARY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW; PROVIDING FOR THE PROPOSED CHARTER AMENDMENT QUESTION LANGUAGE; AND PUTTING SAID CHARTER AMENDMENT QUESTION TO A VOTE OF THE ELECTORS OF THE VILLAGE AT THE MARCH 12, 2019 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Keith Davis read Ordinance 17-18 title into the record, explained that this was the first of two readings, was Council's approval of the ballot question and its proceeding to the Supervisor of Elections for the March ballot. Mayor Brennan opened the hearing to Council for comment but there was none. She opened the matter to the public and former Mayor Pat Watkins of 167 River Drive expressed concern and felt that a supermajority was good to have in place for such an important position as Village Manager. Resident Marcia Nielson agreed with Ms. Watkins. Mayor Brennan reported speaking with another municipal manager who advised against this ordinance; he felt a good manager was less likely to come to a municipality where the position was prone to overturning more frequently due to changes in the Council. Mayor Brennan then expressed her opposition. Council Member Brandon recalled that that point was made at the last meeting. Vice Mayor Paterno felt that it was very difficult to fire a manager the Minutes — Regular 11/08/18 Page 9 way things were; if legislation could be changed with three votes, the manager position should be as well; he mentioned the difficulty in agreeing on a new manager with the number of votes required. Council Member Johnson was concerned about the potential of Tequesta losing applicants if the number of votes was changed and was curious about the number of votes required by other municipalities. Resident Tom Bradford of 44 Chestnut Trail advised that a majority vote was standard and opined that this forced a manager to work harder. He further suggested that a compromise was for a 3-2 vote on the Manager's contract every year; Palm Beach Gardens' Council was required to provide the manager 30 days' notice if anyone wished to consider manager termination. Attorney Keith Davis explained that amendments could be made that evening and would be voted on again at the second reading, which still allowed sufficient time. More discussion ensued Attorney Davis agreed that a supermajority was not the rule in other municipalities. Mayor Brennan closed the hearing to the Council and again opened it to the public. Carolyn Schwartz of 360 Venus Avenue asked whether severance changes should be considered but Mayor Brennan advised that that was a contract issue. MOTION: Vice Mayor Paterno moved approval of Ordinance 17-18 amended to provide � for a vote of three to hire or fire with a 30-day termination provision notice; seconded by Council Member Johnson; motion carried 5-0. ANY OTHER MATTERS Meeting Task Assiqnments . . � Thank you letter to Baptist Church for Harvest Fest Lori Budget Changes from 10/29 workshop - Dec meeting Chris Community Center on next Workshop Lori ADJOURNMENT: Vice Mayor Paterno moved to adjourn the meeting; seconded by Council Member Johnson. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 7:50 p.m. Respectfully submitted, . r�.� �� l ec.,� 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.