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HomeMy WebLinkAboutMinutes_Regular_10/10/2019la � MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL OCTOBER 10, 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 Arena, Council Member Brandon, and Council Member Stone. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Stone An invocation was offered by Pastor Paul Beresford; followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Vice -Mayor Johnson made a motion to approve the agenda. Council Member Stone seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Proclamation Declaring October 2019 as Domestic Awareness Month in the Village of Tequesta Mayor presented Proclamation to Hazel Raigue and Jane Wagley. 2. Proclamation in Recognition of Police Officer Tim Baldwin for Exemplified True Bravery Mayor presented Proclamation to Officer Baldwin; after which the Police Chief said a few a words about Officer Baldwin. Page 1 of 11 CONSENT AGENDA Council Member Stone requested to pull items 6 and 8 for review; MOTION: Vice -Mayor Johnson made a motion moved approval of the consent agenda without Item 6 & 8; Council Member Arena seconded the motion; Carried unanimously 5-0. 3. MINUTES: September 11, 2019 Workshop, September 12, 2019 Regular Council Meeting and September 19, 2019 Special Council Meeting. 4. 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.) 5. SE 09-19 - SE Special event permit application for an annual Fall Festival by the applicant, First Baptist Church of Tequesta, to take place at its premises located at 423 Tequesta Drive on Thursday, October31, 2019 from 6:00 p.m. - 9:00 p.m. for-600 over the course of the event. No alcohol will be served. 6. Approve Motorola Service Contract for Tequesta Police Department 101112019 - 09/30/2020 Police Chief Medina discussed the service contract briefly with Council. MOTION: Council Member Brandon move to approve; Council Member Stone seconded the motion; Carried unanimously 5-0. 7. Approve Island Time Productions Agreement for Tequesta Fest 2019 in the Amount of $52,000.00 8. Authorize Piggyback Contract with Odyssey Manufacturing Company for Purchase of Bulk 12.5% Sodium Hypochlorite Vice -Mayor Johnson asked how the piggyback contract worked and asked if research was done. Mr. Hammond, Director of Utilities, explained piggybacking allows the Village to take advantage of larger scale contracts that would be of great benefit. This finds the supplier most advantageous to the Village. Finding a provider that does not give penalties for small deliveries was difficult. He explained he contacted the vendor and obtained options and Page 2 of 11 the last vendor contract had expired. In this particular case the price was nearly identical to what they had been receiving and the other vendor had penalties for small loads. This line item was for production chemicals. MOTION: Vice -Mayor Johnson made a motion to authorize the piggyback contract and associated purchase requisition with Odyssey Manufacturing Company; Council Member Brandon seconded the motion. Carried unanimously 5-0. 9. RESOLUTION 44-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 17, 2020, AND IF NECESSARY, THE MUNICIPAL RUN- OFF ELECTION TO BE HELD TUESDAY, MARCH 31, 2020, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1,3, AND 5 FOR TWO YEAR TERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD 10. Approval to Allow JTAA (Jupiter Tequesta Athletic Association) to: 1. Hold the 43 Annual Holiday Parade on Sunday, December 8, 2019 starting at 11:00am; 2. Utilize a portion of Old Dixie Highway in Tequesta; and 3. Village of Tequesta to provide the necessary Police coverage for the event. 11. RESOLUTION 46-19 OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DESIGNATING SIGNATORIES FOR VILLAGE DEPOSITORY ACCOUNTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Brandon complimented Parks and Recreation and the Police Department on the Food Truck Pow Wow and National Night Out. Council Member Arena complimented the plants around town and asked about the flags on US1. He commented on the success of National Night Out and the Food Truck Pow Wow; and offered kind words to Pastor and Carol Beresford on their work at Hannah's Home. He thanked department heads and department employees, Ms. Zacarias, Attorney Keith Davis, and Pastor Paul who have all helped him over his twelve years on Council. . Council Member Stone stated he was happy to have a police department that responded quickly and has the ability to save lives. Page 3 of 11 Vice -Mayor Johnson echoed comments on National Night Out and it showed the demand for these services and offerings and a new recreation center. Mayor Brennan thanked the Police Chief for bringing in all the other departments. STANDING REPORTS Village Attorney Mr. Davis discussed with Council the Rights of Way and telecommunication facilities for second reading. Towards the end of the calendar year, there would be an additional Ordinance for tree removal and impact fee applications to conform codes to state law. Council Member Stone asked about cell towers in front yards and asked what it would look like. Mr. Davis stated they would not be able to impair the view or have items in the sight triangle. There would be protections in the Code, and they preempt wireless antennas and equipment boxes. He had not seen anyone affected directly with a utility pole within their view. The law limits what the Village can do. Council Member Stone voiced concern the State was passing laws and tying Council's hands in violation of Home Rule. Council Member Arena suggested they utilize the existing poles in the Country Club when the power lines are buried. Village Manager 12. Village Manager's Monthly Report Village Manager highlighted various items within his filed report. Mr. Allen reviewed the budget. He thanked staff who worked to make these events happen. He reminded everyone to take the resident survey. Mayor Brennan asked to drop survey's off at assisted living facilities such as Tequesta Gardens. Police Department Chief Medina thanked Parks and Recreation Director, Greg Corbitt, the Fire Department and Public Works for their assistance with National Night Out. The department added to COP's, spoke about training, and assisted a child meet his dream by taking him out on the Village's Marine Patrol as a Marine Unit Officer for the Day. Fire Department Chief Trube had a PowerPoint presentation about Fire Prevention week, department training, upcoming Fire Fest and Chili Cook off events. REGULAR AGENDA OLD BUSINESS Page 4 of 11 13. ORDINANCE 23-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. SEC. 78-745. PROHIBITIONS IN ALL ZONING DISTRICTS. BY ALLOWING RETAIL USES TO HAVE ONE OUTDOOR DISPLAY OF MERCHANDISE UNDER CERTAIN CONDITIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 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 the Ordinance title into the record and provided a short summary. He explained this came back as first reading following discussion at a recent workshop. He pulled best practices from other communities such as Mount Dora and New Smyrna Beach, who had retail sidewalk displays. The area available was smaller, cannot interfere with safety requirements, minimum sidewalk, widths, rolling racks that don't exceed 5 (five) feet in length during store hours, prohibits hanging displays, flags, motion driven signs, vehicles or bulk items, general signage prohibited, must be kept orderly, conducive to work environment, no obscene or immoral items, etc. It was a significant rewrite. Mayor Brennan opened the public hearing to Council for input. Council Member Arena asked Mr. Rodriguez if he had read the Ordinance to which he stated no and Council Member Arena asked him to read before second reading. Mayor Brennan suggested the landlord agree with what the tenants wish to put out since they were the ones responsible. Council Member Stone voiced concern landlords would not be available and Mayor Brennan noted there was an onsite manager. Vice -Mayor Johnson asked if staff would talk to the landlords and explain they would be responsible. Mayor Brennan closed the hearing to Council and opened it to the public. There being no public comment, the hearing was closed. MOTION. Vice -Mayor Johnson made a motion Approve Ordinance 23-19 as revised on First Reading; Council Member Brandon seconded the motion. Carried unanimously 5-0. 14. ORDINANCE 24-19, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 63. ARTICLE 11. RIGHT-OF-WAY REGULATIONS, TO CONFORM THIS ARTICLE TO RECENT STATE LAW CHANGES REGARDING COMMUNICATIONS FACILITIES AND ESPECIALLY WIRELESS FACILITIES THAT MAY BE PLACED OR MAINTAINED IN THE VILLAGES RIGHTS OF WAY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 63. 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 the Ordinance title into the record and summarized the minor language changes - no substantive changes. Page 5 of 11 Mayor opened public hearing to Council for comment. Vice -Mayor Johnson commented she felted only the permitting language changed; but outside the permitting requirements everything was the pretty much the same. Attorney Davis stated it would affect new wireless utilities and provided examples of what we could and could not require. Vice -Mayor Johnson stated she was looking for other options to not having to have a bunch of boxes in resident yards and questioned the risk to leaving the code as it was, to which Mr. Davis explained the utility companies could sue the Village for non-compliance. This ordinance makes the Code compliant with state law. Council Member Arena asked about time -frame to repair utilities that require repair and Mr. Davis advised they would have to maintain their equipment in good working condition, however, there was limited permitting requirements. Vice -Mayor Johnson inquired on if the companies have any requirements to report on safety and Mr. Davis stated not at the local level. She voiced concern with the safety of 5G and suggested residents should reach out to their representatives. Mayor Brennan advised Mary Lynn Magar and Rep Bobby Powell were against this. Council Member Stone commented the Supreme Court in California had ruled on this and residents were attempting to push back. Mayor Brennan closed the hearing to Council and opened it to the public. There being no public comment, the hearing was closed. MOTION: Vice -Mayor Johnson made a motion Approve Ordinance 24-19 on first reading; Council Member Brandon seconded the motion. Carried 4-1 (opposed: Council Member Stone). 15. RESOLUTION 47-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A 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 Attorney Davis read the Resolution title into the record and provided a short summary on the change to allow the manager offer the same relief that was otherwise available and not limited to $100. He referenced paragraph twelve and explained what the Utility Director and the Manager could approve. Mayor Brennan voiced concern with the policy being abused and wanted to be judicious. Mr. Allen noted there was a checks and balance with having a Utility Director and they have to meet criteria and show a plumber invoice. He felt with the rules in place it would be good and he would make sure it was not a repeat violation and discussed educating residents who make it to his office. Page 6 of 11 Council Member Stone noted the new water read equipment would be able to tell of a leaking pipe and notify the home owner. He inquired on if the Village knows a percentage of how much the system leaks on a daily basis. Matt Hammond, Utility Director, commented on the mechanical readers and potential lost revenues. Council Member Stone asked how much water was produced versus billed. Mr. Hammond stated typically 5% to 15-20% - not all actual leaks; but referred to as non -accounted for water. MOTION: Vice -Mayor Johnson made a motion to approve Resolution 47-19 on second ;reading; Council Member Brandon seconded the motion; Carried unanimously 5-0. NEW BUSINESS 16. ORDINANCE 25-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT CHAPTER 2. ADMINISTRATION ARTICLE V. ELECTIONS. SECTION 2-233. TO PROVIDE A MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF ELECTION DATE FOR THE 2020 VILLAGE MUNICIPAL ELECTION CONCURRENTLY WITH THE 2020 PRESIDENTIAL PREFERENCE PRIMARY ELECTION Mr. Davis read the Ordinance title into the record and explained,the municipal election will be held on the third Tuesday in March due to the Presidential Preference Primary. Council Member Stone asked if sign code would be addressed and Mr. Davis stated he was working on it and it would come to workshop. Mayor Brennan closed the hearing to Council and opened it to the public. There being no public comment, the hearing was closed. MOTION: Vice -Mayor Johnson made a motion approve Ordinance 25-19 on first reading; Council Member Brandon seconded the motion; Carried unanimously 5-0. 17. ORDINANCE 26-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA AT CHAPTER 74. UTILITIES, ARTICLE IV. STORMINATER. DIVISION 1. GENERALLY, BY CREATING AN ENTIRELY NEW SECTION 74-181. — SWALE UTILIZATION POLICY; PROVIDING REGULATIONS FOR USE OF VILLAGE SWALES INTENDED TO PROTECT AND ENCOURAGE STORMINATER MANAGEMENT PRACTICES; ALSO AMENDING CHAPTER 66. SUBDIVISIONS, ARTICLE VI. IMPROVEMENTS, BY CREATING AN ENTIRELY NEW SECTION 66-347. — SWALE UTILIZATION POLICY. TO CROSS REFERENCE AND APPLY SAID POLICY Attorney Davis read the Ordinance title into the record and Village Manager Allen provided a short summary on the change to the swale policy. Mr. Allen explained this would affect construction near the right of way. New requirements would require a drawing for these Page 7 of 11 projects not complying with the swale policy. Mr. Hammond, the Utility Director would review the engineering drawings to confirm the designs have met the specifications to prevent the storm water from running into the roads. Mayor Brennan opened the hearing to Council. Council Member Arena inquired about the verbiage stating the homeowner was not responsible for constructing a swale. Mr. Davis clarified that section would be for driveway projects only. Mr. Arena asked could the PVC pipes still be used for driveway projects. Utility Director Mr. Hammond responded this issue would not be addressed in this Ordinance at this time. Mayor Brennan closed the hearing to Council and opened it to the public. There being no public comment, the hearing was closed. MOTION: Vice -Mayor Johnson made a motion Approval of the first reading of Ordinance 26-19; Council Member Brandon seconded the motion; Carried unanimously 5-0. 18. ORDINANCE 27-19 - FIRST READING: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE X. OFF-STREET AND ON - STREET PARKING AD LOADING REGULATIONS, TO CREATE AN ENTIRELY NEW SECTION 78-707. ALTERNATIVES FOR MEETING REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE FOR OFF -SITE PARKING, SHARED PARKING AND REDUCTION OF REQUIRED PARKING SPACES, AND TO PROVIDE REGULATIONS AND REQUIREMENTS FOR SAME; ALSO CONFORMING EXISTING LANGUAGE IN THIS ARTICLE FOR INTERNAL CONSISTENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 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 the title of Ordinance 27-19 into the record and summarized the Ordinance. Mayor Brennan opened the public hearing for Council comment. Nilsa Zacarias, Director of Community Development, explained the Village's urban character was evolving and the code needed to catch up with these changes. The current parking code reflected the 1970's-1990's when there was open land and now the Village was 98.6% built out. There was less need these days for more parking and commented on the seas of asphalt at big businesses such as the mall. She noted local governments were all looking at their parking code to amend. Off -site parking and shared parking help offset the required parking rules. Council Member Stone requested a workshop to discuss further. Ms. Zacarias stated she had done extensive analysis on the proposed code. Council Member Stone felt areas needed more input and photos. Page 8 of 11 19. Council Member Brandon asked if code was changed to shared parking would the applicant building on US be able to use Publix parking and build another unit. Attorney Davis stated this would not allow an increase in density or density use, however, only providing an option for how cars were parked. Council Member Arena asked if there would be provisions in place and Ms. Zacarias advised yes and legal would have to review. Looking to support business community by providing alternate means of parking. She stated another measurement such as 700 feet could be entertained if Council desired and measurements were done from property line to property line. Mayor Brennan asked if this would come to Council for approval and Ms. Zacarias stated it would take place in the Site Plan Review and, the applicant had to comply with all the requirements. Ms. Zacarias stated she and Mr. Davis would review the measurement and make a change and Council Member Stone suggested 650 feet. Mayor Brennan closed the hearing to Council and opened it to the public. There being no public comment, the hearing was closed. MOTION: Vice -Mayor Johnson made a motion Approval of the first reading of Ordinance 26-19; Council Member Brandon seconded the motion; Carried unanimously 5-0. Approve 2019-2022 VOT/CWA Collective Bargaining Agreement Human Resources Director, Merlene Reid provided an overview on the contract and the contract was ratified by the CWA Union. Highlights of agreement renewed 3 years; pay article was a total of 12% increase over 3 years; input minimum and maximum ranges; bargaining parties; cap on comp bank at 80. hours; pay benefits annual incentive for certain certifications. Council Member Arena asked about discrepancy actions must be reported within 10 days and Ms. Reed clarified. He inquired on the insurance rates and Ms. Reid stated everyone was paying the same. He asked if there were employees on the HSA insurance. Council Member Stone did not like giving a twice a year increase as opposed to one. Mayor Brennan noted for this particular unit, this was becoming more prevalent and complimented the bargaining team. MOTION. Vice -Mayor Johnson made a motion request for approval of the 2019-2022 VOT/CWA Collective Bargaining Agreement; Council Member Stone seconded the motion; Carried unanimously 5-0. Page 9 of 11 Approved 20. Ninety (90) Day Performance Review of Village Manager Jeremy Allen as per his Employment Agreement dated May 9, 2019 Council Member Stone stated Mr. Allen had met every mark and he was a pleasure working with; Ms. Johnson and Ms. Brandon agreed. Ms. Brandon also added he jumped into his role, even though he needed to be educated on Florida laws. Mr. Allen stated the staff had been great. Mayor Brennan received feedback from staff; she and staff all agreed that Mr. Allen had provided great leadership and staff empowerment. MOTION: Vice -Mayor Johnson made a motion request for approval of the Performance Review of Village Manager's Employment agreement; Council Member Stone seconded the motion; Carried unanimously 5-0. ANY OTHER MATTERS Council Member Arena advised the price of $5.5 million was always quoted for the Recreation Center and stated he would have to vote against the Recreation Center at the $6 million price in order to honor what he had previously said. Mayor Brennan believed in the Community Center; but was concerned with the cost. She believed a single story building with a gym should be entertained. Council Member Arena stated he showed ways to bring the price down. ADJOURNMENT MOTION: Vice -Mayor Johnson made a motion to adjourn the meeting; Council Member Brandon seconded the motion. Carried unanimously 5-0. Respectfully submitted, Lori McWilliams, MMC Village Clerk Page 10 of 11 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 onjile in the Village Clerk's office. Page 11 of 11