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HomeMy WebLinkAboutMinutes_Regular_7/11/2019MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JULY 11, 2019 6:00 PM COUNCIL CHAMBERS 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 Brennan, Vice -Mayor Johnson, Council Member Brandon, and Council Member Stone. Council Member Vince Arena was absent. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Laurie Brandon An invocation was offered by resident Tom Bradford followed by the pledge of allegiance. APPROVAL OF AGENDA PRESENTATION 1. Presentation by Palm Beach County Inspector General (IG) John A. Carey Regarding General Information and Direction of the IG's Office Inspector Carey reviewed the purpose of the Office of Inspector General including the roles, mission and future goals. CONSENT AGENDA Council Member Stone pulled Item 12 for discussion. MOTION: Council Member Brandon made a motion to approve the Consent Agenda with Item 12 pulled for discussion; Vice -Mayor Johnson seconded the motion. Carried 4-0. 2. MINUTES: June 3, 2019 Workshop; June 8, 2019 Workshop 3. RESOLUTION NO. 23-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 FISCAL YEAR 201812019 BUDGET IN THE AMOUNT OF $31,100.00 TO RECORD A CAPITAL PURCHASE OF TWENTY (20) TASERS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Page 1 of 10 4. RESOLUTION 25-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 SPECIAL LAW ENFORCEMENT FUND #605 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $13,220.00 TO FUND THE PURCHASE OF TWENTY (20) BALLISTIC HELMETS, TWENTY (20) BALLISTIC HELMET HARNESSES, FORTY (40) BALLISTIC PLATES, AND FIFTEEN (15) BALLISTIC PLATE CARRIERS USING ASSET FORFEITURE FUNDS 5. RESOLUTION 26-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 SPECIAL LAW ENFORCEMENT FUND #605 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $4,250.00 TO FUND THE PURCHASE OF ONE HUNDRED (100) SMARTWATER CSI KIT FOR LAW ENFORCEMENT USING ASSET FORFEITURE FUNDS 6. RESOLUTION NO 27-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, INCREASING THE FISCAL YEAR 201812019 SPECIAL LAW ENFORCEMENT FUND #605 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $4,200.00 TO FUND THE PURCHASE OF ONE (1) REMOTE CONTROLLED DRONE USING ASSET FORFEITURE FUNDS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES; 7. RESOLUTION NO 28-19, A RESOLUTION OF THE VILLAGE COUNCIL, OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 SPECIAL LAW ENFORCEMENT FUND #605 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $10,982.00 TO PAY FOR TRAINING, FEES, TRAVEL, AND PER DIEM AT THE SOUTHERN POLICE INSTITUTE USING ASSET FORFEITURE FUNDS 8. Fiscal Year 201812019 Budget Amendments 9. Approval of Executive Policy 05-18119 - Required Ethics Training 10. Approve Engagement of Marcum LLP for the Auditing Services for the Fiscal Year ending September 30, 2019 11. Approve Interagency Information Sharing Agreement - Santa Rosa Sheriff's Office and Tequesta Police Department 13. 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. REP Services, Inc. Contract -Parks & Recreation: $2,414.12; 2. Superior Party Rental Contract -Village Manager: $339.17; 3. Target Solutions Contract Addendum for "Check It" -Fire Department: $2,037.00 per year; 4. Kimley-Horn Work Authorization Tequesta Bridge Sidewalk Construction Plan -Public Works: $8,100.00. ITEMS REMOVED FROM CONSENT AGENDA 12. Approve Upward Adjustment of Transport Rates for Tequesta Fire -Rescue Page 2 of 10 Fire Chief Trube informed Council of his recent review of requested increases and noted the Village was lagging behind on rates, which had not been increased in a long time. This change would allow the fire department to collect the amount Medicare permitted. MOTION: Vice -Mayor Johnson made a motion to increase fees as proposed; Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). COMMUNICATIONS FROM CITIZENS There were no comments. COMMUNICATIONS FROM COUNCIL Council Member Stone had no comments. Council Member Brandon reminded all to focus on what was attainable. Vice Mayor Johnson welcomed Manager Jeremy Allen to the Village. STANDING REPORTS Village Attorney Village Attorney Keith Davis informed Council of a request from Jupiter Inlet Colony to replace an existing, small building, which was partially located on a portion of Village property. Council Member Stone opined it would be beneficial to remain a good neighbor to Jupiter Inlet Colony. Village Manager Village Manager Jeremy Allen thanked Council for the warm welcome and stated he was looking forward to working with the community and staff. Fire Department Fire Chief Trube offered an update of the meetings his department had attended within the past month: Fire Chief Association Meeting, FEMA classes, Safety Committee Meeting, and International Trauma Life Support Training. Police Department Police Chief Medina announced the Police Department was preparing for National Night Out in October. Additionally, interviews were being conducted for an open position, and several officers and staff were attending specialized training. REGULAR AGENDA OLD BUSINESS 14. ORDINANCE 20-19, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT. OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT ARTICLE II. COMMUNITY APPEARANCE., DIVISION 2. PLANNING AND ZONING BOARD., SEC. 22-51. CREATION, MEMBER QUALIFICATIONS, TERMS, APPOINTMENT. TO INCREASE THE NUMBER OF Page 3 of 10 ALTERNATE MEMBERS FROM TWO TO THREE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. 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 20-19 into the record. Mayor Brennan opened the hearing up for Council Comments. Vice Mayor Johnson asked if it was a requirement to have a third alternate. Attorney Davis responded that Council could make the third alternate optional and he could make the change and bring it back to Council. Mayor Brennan closed the hearing to Council and opened it up for Public Comments. Ms. Bridget Forman, a resident, asked for clarification on the topic. Attorney Davis offered a brief history on the third alternate discussed in prior meetings. There were no additional public comments; as a result, Mayor Brennan closed the hearing to the public. MOTION: Vice -Mayor Johnson made a motion recommend approval with the third alternate being optional; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). NEW BUSINESS Attorney Davis announced that item numbers 15 thru 18 were considered Quasi - Judicial and he would place all those speaking to Council under oath collectively. Four people stood up and were sworn in. Mayor Brennan disclosed she had spoken to Planning and Zoning Member Liz Schauer in relation to item number 15 and 18, and was aware of the Church's application. Council Member Stone disclosed he was a member of the First Baptist Church and was aware of their application in regards to item number 16. 15. SEU 2-19: Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a Special Exception Use modification pursuant to Section 78- 180. MU District (1) (4) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use modification (Place of Assembly) to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. The subject property is located at 204 N. US Hwy. 1, Tequesta, FL 33469. Community Development Director Nilsa Zacarias described to Council the request from St. Jude Catholic Church to remove and replace an existing exterior cross. Additionally, there were two separate applications, which included a Site Plan Modification and a Special Exception Use Modification. Ms. Christine Merrill of REG Architects presented the application to Council and demonstrated the proposed scope of work, renderings, and existing elevations. She revealed water intrusion was the main reason for the re -build of the proposed Page 4 of 10 modification. MOTION: Vice -Mayor Johnson made a motion to approve SEU 2-19; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 16. SPM 3-19: Application from First Southern Baptist Church for a Site Plan Modification to expand the existing building by adding a 142 sq. ft. storage room. The subject property is located at 423 Tequesta Drive, Tequesta, FL 33469. Community Development Director Nilsa Zacarias, brought forth the application to expand an existing storage room with a recommendation from the Planning and Zoning Board. The permitting fee for non -profits was questioned by Council Member Stone. Building Director Jose Rodriguez stated that currently there was not an ordinance demonstrating the 50% discount, and it was not in the fee schedule, but the applicant could request it when applying for a permit. Attorney Davis advised that the land development application fees had been changed, but may not have encompassed all permits for non- profits. MOTION: Vice -Mayor Johnson made a motion to approve SPM 3-19; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 17. SPM 4-19: Application from 20 WATERWAY LLC for a Site Plan Modification to modify the existing one-story 4,000 sq. ft. building. The application includes revisions to the landscape plan, building elevations, and site plan including parking configuration and dumpster location. The subject property is located at 20 Waterway Road, Tequesta, FL 33469. Community Development Director Nilsa Zacarias updated Council on the application and revealed it was the second part of the original BB&T plan. The applicant stated there was a change in the type of space to be occupied, as he now expected the building to house a doctor's office instead of multiple retail tenants. Additionally, it was now proposed to be a single owner, in a single office structure. Planning and Zoning had recommended approval of the new application. MOTION: Vice -Mayor Johnson made a motion to approve SPM 4-19; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 18. SPM 5-19: Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a Site Plan Modification to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. The subject property is located at 204 N US Highway 1, Tequesta, FL 33469. Ms. Christine Merrill of REG Architects, presented the application to Council and demonstrated the proposed scope of work, renderings, and existing elevations. Water intrusion was cited as the main reason for the re -build of the proposed modification. MOTION: Vice -Mayor Johnson made a motion to approve SPM 5-19: Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). Page 5 of 10 19. Request from Bruce Weiner, Senior Advisor, Fontainebleau Development, for a temporary sales trailer at the front corner of the subject property located at 1500 Beach Road, Tequesta, FL 33469. This location would be optimal to ensure the safety of the public and the construction workers because it will be separate from the site of the construction of the 10-story high-rise building. This item was pulled from the agenda. 20. Approve 2019-2021 VOT/PBA Collective Bargaining Agreement Human Resources Director, Merlene Reid thanked all whom had served on the Negotiating Committee and felt it was one of the best negotiations she had experienced at the Village. MOTION. Council Member Stone made a motion to approve; Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 21. RESOLUTION NO. 30-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE /N THE AMOUNT OF $40,000.00 TO FUND EMERGENCY REPAIRS AT THE VILLAGE'S RECREATION CENTER Village Manager Jeremy Allen revealed there were several leaks within the Recreation Center roof than needed immediate repair and announced the General Fund would not be impacted, as the funds would come from the surtax fund. MOTION: Vice -Mayor Johnson made a motion to approve increasing the Fiscal Year 2018/2019 General Fund #001 Budget by appropriating Fund Balance in the amount of $40,000.00 to fund emergency repairs at the Village's Recreation Center; Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 22. Approve Wynn & Sons Piggyback Contract for Pathway and Minor Construction Services Public Works Director, Mr. Doug Chambers asked for approval of a piggyback contract, which would replace the existing contract with West Palm Beach, DP Development, All County Paving and R&D Paving. Mayor Brennan asked if Mr. Chambers went back out to look at other vendors, to which he confirmed the Village did in fact do so. He also mentioned that this contract pricing was more favorable then the previous one. Mr. Darrell Pastuch, of 391 Riverside Drive believed the Village could do better with the bid process. Ms. Bridget Forman, a resident, addressed Council in agreement of finding a better contractor to maintain the roadways and sidewalks. MOTION: Council Member Stone made a motion to approve; Vice -Mayor Johnson seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). Page 6 of 10 23. RESOLUTION NO. 31-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AWARDING A CONTRACT IN THE AMOUNT OF $361,500.00 TO WYNN & SONS ENVIRONMENTAL CONSTRUCTION COMPANY INC. FOR SIDEWALK AND APRON REPLACEMENT ALONG COUNTRY CLUB DRIVE Public Works Director, Mr. Doug Chambers asked for consideration to replace the sidewalk on Country Club Drive, in two phases. Village Manager Jeremy Allen explained that this project would use surtax funds not general funds. Mr. Darrell Pastuch of 391 Riverside Drive believed the storm drains associated with the project were not being addressed. He did not want the Village to make, in his view, the same mistake again, and asked that storm drains be placed in the swale not in the sidewalk. Mr. Chambers offered that there were line items for manhole risers, adjustments, and contingencies. He felt that "best practices" would be implemented. Additionally, engineers were not used, due to budget restraints; however, the contractor would use his own expertise. He estimated there to be two storm drains in the sidewalk area and a couple just off the sidewalk. Mr. Harold Taylor of 13 Chapel Court agreed with previous resident comments, asked that an engineer view the plans, and move the drains. He felt it did not make sense to leave the drains in the sidewalk. Ms. Jessica Namath, a resident, felt that engineers and environmentalists should review the project as the storm drains had a large impact on residents and the environment. Ms. Densmore of 363 Elm Avenue, asked if the storm drains had previously failed. Mr. Chambers assured her there had not been a failure. Manager Jeremy Allen reassured residents that staff would discuss the storm drains and sidewalks with the Village engineering firm, and would bring the topic to a Workshop Meeting. It was a Consensus of Council to table this item, pending further discussion and information. 24. RESOLUTION NO. 32-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 STORMWATER UTILITY FUND #403 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $61,500.00 TO FUND THE REPLACEMENT OF SIDEWALKS AND APRONS ALONG COUNTRY CLUB DRIVE It was a Consensus of Council to table this item, pending further discussion and Page 7 of 10 information. 25. RESOLUTION 22-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $300,000.00, BUDGETING THE TRANSFER OF THOSE FUNDS TO THE CAPITAL IMPROVEMENT FUND #301 AND INCREASING THE FISCAL YEAR 201812019 CAPITAL IMPROVEMENT FUND #301 BUDGET BY $300,000.00 TO RECOGNIZE THE TRANSFER -IN OF THESE FUNDS; It was a Consensus of Council to table this item. 26. RESOLUTION 21-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR A VILLAGE OF TEQUESTA ENVIRONMENTAL COMMITTEE; PROVIDING FOR COMMITTEE COMPOSITION, AUTHORITY & RESPONSIBILITIES; PROVIDING FOR COMPLIANCE WITH LAWS; PROVIDING FOR SUNSET OF SAID COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Resolution 21-19 into the record. Council Member Brandon asked the applicants to introduce themselves as Village Clerk McWilliams called their names. Mr. Frank Harding introduced himself and spoke of the harmful chemicals being used on the golf courses and by landscaping companies. He worked for many years as an environmental lawyer and could offer substantial knowledge to this committee. Ms. Maria Pearson, of 101 Del Sol Circle, a management and training business owner believed she would be valuable in the organizational components of the committee and was happy to give back to the community. Ms. Resa Listort, of 31 Willow Road, believed she would be an asset to the committee and had a love for the environment. Mr. Tom Bradford, of 44 Chesnut Trail, expressed his longtime interest in environmental issues and projects. He had written grants for Palm Beach and the Village of Tequesta in the past. He believed his ability to take an idea to action, was one of his main areas of expertise. Mr. Bob Shaw, of 24 Shady Lane was an environmental scientist in years past. His immediate concerns were fertilizers and pesticides. He asked that the Village enforce the protections that Council may place upon certain items. Ms. Lisa Krimsky, of 37 Cedar Hill Lane introduced herself and revealed she was a faculty member at the University of Florida, as well as a regional water resources extension agent. Mr. Steven Smith, a business owner at 354 Cypress Drive, One World Zero Waste was Page 8 of 10 excited to hear of the Committee being formed. He believed funding for green initiatives was the way forward in the future. Ms. Jessica Namath, of 7 Bay Harbour Road has lived on the river for 30 years. She was concerned with the quality of the water in the area as it affected not only people and animals. She was passionate about the environment and felt her familiarity with surrounding area boards would be helpful. Attorney Davis informed Council that the new Committee would be bound under Sunshine Laws and would need to use social media responsibly. MOTION: Council Member Stone made a motion to approve Robert Shaw, Tom Bradford, Lisa Krimsky, Resa Listort, Frank Harding, Jessica Namath and Maria Pearson as Environmental Advisory Committee Members; Council Member Brandon seconded the motion. Carried unanimously 4-0. 27. RESOLUTION NO. 24-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 201812019 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $8,896.00 TO FUND A WEBSITE REMEDIATION PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read Resolution 24-19 into the record. Mayor Brennan informed Council of the new appropriation. MOTION: Vice Mayor Johnson made a motion to approve the resolution; Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 28. RESOLUTION NO. 29-19, ESTABLISHING THE COMMITTED FUND BALANCE IN THE GENERAL FUND FOR THE DISASTER RESERVE IN THE AMOUNT OF $500, 000.00 Attorney Davis read Resolution 29-19 into the record. Mayor Brennan explained that Council came up with this concept years ago after hurricanes had hit the area. Funds for disaster would remain the same; however, it would be split between two balance sheets. Village Manager Jeremy Allen revealed that the intent would be to cover the Village's buildings after a disaster. Half of the money should come out of the water funds and half should come out of the general funds. MOTION. Vice -Mayor Johnson made a motion to approve the resolution; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 29. RESOLUTION 17-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE Page 9 of 10 OF TEQUESTA, FLORIDA, FORMING A PARTNERSHIP WITH THE U.S. CENSUS BUREAU; CREATING A COMPLETE COUNT COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Resolution 17-19 into the record. Village Clerk Lori McWilliams conveyed the importance of creating a committee to ensure the Village was counted as accurately as possible in the upcoming 2020 census. She informed Council that accuracy was vital as federal funding depended upon it. The Census Bureau was looking for a partenership to ensure accuracy thru an awareness campaign. MOTION: Vice -Mayor Johnson made a motion to approve; Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). ANY OTHER MATTERS Village Manager Jeremy Allen informed Council of some recent changes to upcoming content in the Smoke Signals Newsletter coming out in August. Information on the Community Center survey would go out in the November issue, instead. ADJOURNMENT MOTION: Vice -Mayor Johnson made a motion to adjourn the meeting; Council Member Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Arena). 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. Page 10 of 10