HomeMy WebLinkAboutMinutes_Regular_9/12/2019Approved
MINUTES
REGULAR COUNCIL MEETING
VILLAGE OF TEQUESTA, FL
SEPTEMBER 12, 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, Council Member Stone, and
Council Member Vince Arena.
INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor Brennan
An invocation was offered by Pastor Paul Beresford followed by the pledge of allegiance.
APPROVAL OF AGENDA
MOTION: Vice -Mayor Johnson made a motion moved approval of the agenda; Council Member
Arena seconded the motion. Carried unanimously 5-0.
PRESENTATION
There were none
CONSENT AGENDA
MOTION: Vice -Mayor Johnson made a motion to approve the consent agenda; Council
Member Arena seconded the motion. Carried unanimously 5-0.
1. MINUTES: 519119 Regular Council Meeting, 6113119 Regular Council Meeting, 7111119
Regular Council Meeting; 7111119 Workshop; and 818119 Regular Council Meeting
2. 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.)
3. Appoint Molly Young as the Third Alternate (Alt. 3) to the Planning and Zoning Board
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4. Approve Interlocal Agreement between Palm Beach County Sheriff's Office and the
Tequesta Police Department Providing Tequesta Access to the Palm Beach County
Public Safety Radio System
5. Approval of Funded State and Local Task Force Agreement between the Drug
Enforcement Administration and the Tequesta Police Department
6. Approve User Agreement Between the Palm Beach County Sheriff's Office and the
Tequesta Police Department for the Palm Beach Automated Law Enforcement
Managements System (PALMS)
7. RESOLUTION NO. 42-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, 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;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
8. RESOLUTION NO. 39-19, INCREASING THE FISCAL YEAR 2019 GENERAL FUND
#001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF
$439,900.00, BUDGETING THE TRANSFER OF THOSE FUNDS TO THE CAPITAL
IMPROVEMENT FUND #301 AND INCREASING THE FISCAL YEAR 2019 CAPITAL
IMPROVEMENT FUND BUDGET BY$439,900.00 TO RECOGNIZE THE TRANSFER -IN
OF THESE FUNDS
9. RESOLUTION NO. 43-19, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, CONFIRMING BY PROCLAMATION THE STATE
OF EMERGENCY DECLARATION ISSUED ON SEPTEMBER 1, 2019 FOR THE
VILLAGE OF TEQUESTA DUE TO HURRICANE DORIAN, ALL EMERGENCY
REGULATIONS ACTIVATED UNDER THE PROVISIONS OF CHAPTER 26 OF THE
VILLAGE CODE OF ORDINANCES, AND THE DESIGNATION OF THE FIRE CHIEF AS
THE EMERGENCY MANAGEMENT DIRECTOR FOR THE VILLAGE FOR SO LONG AS
THE LOCAL STATE OF EMERGENCY CONTINUES IN EFFECT
END OF CONSENT AGENDA
COMMUNICATIONS FROM CITIZENS
Ms. Lisa Bass of 4420 River Pines Court addressed Council. At her residence, there has been
several plumbing issues due to the age of the house. She requested assistance from Council for
her last water bill which was $1,100. The bill was high due to a pipe break at the main drain. This
was her second time asking for relief. Ms. Bass wanted the $100 Ordinance to be lifted. Village
Manager Allen clarified that he and Ms. Bass spoke previously about this issue. Village Manager
Allen suggested this item be attached to the water rate item. He continued the Resolution stated
that the Village Manager might the water bill for the first incident. Then, for the second issue the
Manager can only waive a $100.00 if the first incident happened within a three-year period. Ms.
Bass wanted this language removed.
Mr. Harold Taylor of 13 Chapel Court addressed the Council on the sidewalk project for Tequesta
Drive and the Country Club. Mr. Taylor, Doug Chambers the Public Works Director, and Village
Manager Allen met on the Tequesta Drive project to address some resident concerns. He
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continued by saying he walked and reviewed this project and believed everything was done
correctly. There was not enough room to expand the sidewalks due to the right of way. There was
a resident request for additional pavers to be left, but the contract shows that this was closed
properly without a line item for additional pavers. Mr. Taylor continued to the Country Club pavers
project which was scheduled. Doug Chambers explained there.was enough room to extend the
sidewalks in this area. The Village owns the land between the right of way and the homes. Also,
the Country Club residents had made a request for additional pavers and the Village agreed.
Mr. Taylor inquired about the Wynn and Son's contract and stated Doug explained to him that
there were two additional companies that were just as competitive.
Mr. Tom Bradford of 44 Chestnut Trail addressed the Council for their lack of control on the food
trucks. He continued to address his concerns that the food trucks have taken away from
Tequesta's restaurants that pay taxes and it made for unsafe traffic and pedestrian conditions.
Vice -Mayor Johnson stated they did not want to over regulate. Attorney Davis also stated there
were limitations on this matter. The Mayor stated Council would revisit the issue.
COMMUNICATIONS FROM COUNCIL
Vice -Mayor Johnson was thankful that Hurricane Dorian turned North. She also added a thank
you to the Manager and his staff for their hard work. In addition, she gave gratitude to Council
Member Brandon who was active in assisting in the community during the storm.
Council Member Arena recognized the IT department, especially Brad Gomberg, for the
Chambers' project which was well done. He mentioned the Bike Rodeo was scheduled this
weekend. He stated the previous Coffee with a Cop and the Shred event was a great success.
Waste Management gave out new free recycling bins, and Village staff gave out free popcorn
and snow cones. He suggested a table in the back for coloring for the younger residents. Council
Member Arena seconded Vice -Mayor's thank you for the storm efforts including the Public Works
department.
Council Member Brandon recognized all of the staff during the storm. The Police department kept
things calm at gas stations. Ms. Brandon also gave praise to Village Manager Allen for his
contribution in assisting the Public Works department.
Council Member Stone discussed that he had been Council for six (6) months. He stated he did
not realize how much work was involved. He also touched on the storm efforts that Public Safety
made and he had the opportunity to see behind the scene disaster efforts by both departments.
He focused his discussion to the budget process: Where did the money come from and where did
it go? Finally, he addressed the Parks and Recreation center and how Greg Corbitt, Park and
Recration department's staff have made strong contributions to our unique community.
Mayor Brennan recognized all of the staff efforts during the storm. Every employee had a role in
hurricane preparation. She gave special recognition to the Police Chief and Fire Chief and the
emergency management staff.
STANDING REPORTS
Village Attorney
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Village Attorney Keith Davis informed Council of two court cases that affected municipalities. First,
Coral Gables had an Ordinance to prohibit the use of Styrofoam containers by retailers. The
Ordinance was over turned by the appellate courts. The findings were that local government could
not regulate Styrofoam use or what kind of containers retailers used.
Another case out of the Southern District of Florida, involved an ADA lawsuit case from a hearing -
impaired person that sued 26 gas stations in the Miami Dade county for their entertainment
screens on the gas pumps not being equipped with closed -caption, which caused a hardship as
a hearing -impaired patron. The judge ruled that these cases were a deliberate frivolous claim and
abused the judicial system. The defendant's attorney in these cases was the same as Mr. Gil, the
visually impaired person that sent out letters to different towns about their websites. After the court
dismissed these lawsuits, the lawyer and defendant were ordered to show cause why sanctions
should not be imposed. Sanctions were imposed. The judge ruled that these cases were not
intended to correct the ADA issues, but only for financial gain. The judge prohibited this attorney
from any additional ADA lawsuits without the courts written permission.
Village Manager
Village Manager Jeremy Allen reviewed the budget. He introduced the new Finance Director,
Hugh Dunkley.
Then, he provided an update on the Country Club project and planned to move forward on the
proposal soon. He explained they took additional time to review the project to ensure all concerns
were being addressed. He recognized staff members for all their hard work on this project.
Next, Village Manager Allen introduced the new Utility Director, Matthew Hammond. Mr.
Hammond addressed Council on the Water Plant Project update. The contract pricing and
scheduling delays have been worked out; project completion date scheduled for the end of the
year. He stated the manmade risks were behind us and the chemical upgrades and underground
work were completed. Village Manager Allen thanked Tom Bradford for overseeing the project
up to this point. Council Member Stone asked if this project has caused overtime for any current
employees on the Utility side. Village Manager Allen advised there was minimal staff overtime
required for this incident. Council Member Stone asked whether the contractor was negligent on
the acid feeder issue. Tom Bradford addressed this issue by stating yes, it was an installation
issue. There was only one night that required overtime by a Village staff member to confirm the
spill was managed.
Police Department
Police Chief Medina announced the National Night out on October 4th from 5-9 pm and stated
the Police Department would be participating in the Fire Fest on October 19th from 1-9 pm at
Jonathan Dickinson Park.
Chief Medina reviewed training opportunities the officers would be participating in.
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He announced Officer Joseph Fabiano would be recognized at the American Legion Awards
Ceremony along with Firefighter Jason Fawcett at the American Legion on September 21st from
6-9pm.
Council Member Stone inquired about the Police Department's use of overtime. Chief Medina
responded they were at 67% and of that $16,660 was the Manatee Grant that goes back to the
general fund. Mr. Stone followed up his inquiry asking how the storm affected the overtime in his
department; and Chief Medina noted that they were working on those numbers.
Fire Department
Chief Trube reviewed the department training.
He stated the special events were the Palm Beach County Fire Chief Association held its meeting
at Village Hall, and discussed the 9/11 Remembrance Ceremony.
Then, Fire Chief discussed Hurricane Dorian's track and it's impact. He expressed gratitude for
staff's efforts.
Council Member Stone asked about feedback on potential areas for improvement during the state
of emergency process. Chief Trube replied that an after action report would document this
information. Council Member Stone asked about the Fire Department's overtime. Chief Trube
stated that the department was over on their overtime; partly, due to the department being
understaffed when Chief Trube was promoted to his position. He noted the interim positions were
discontinued. The Fire department has four (4) different staff members out on FMLA and three
(3) workers' compensation incidents.
REGULAR AGENDA
OLD BUSINESS
10. ORDINANCE 21-19, SECOND READING: AN ORDINANCE OF THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE
AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN /N ACCORDANCE
WITH THE MANDATES SET FORTH /N SECTION 163.3184, ET SEQ., FLORIDA
STATUTES, PURSUANT TO A PRIVATELY -INITIATED APPLICATION # SSC 1-19
WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP,
DESIGNATING SIX POINT ZERO THREE (6.03) ACRES, MORE OR LESS, OF REAL
PROPERTY AS MEDIUM DENSITY RESIDENTIAL; WHICH PROPERTY /S LOCATED
AT 746 U.S. HIGHWAY 1 AND 734 N. US HIGHWAY 1, INFORMALLY KNOWN AS "THE
RESERVE AT TEQUESTA", 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.
Attorney Davis read Ordinance 21-19 into the record. Mayor Brennan opened the hearing
for Council Comments. There was none.
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Mayor Brennan closed the hearing to Council and opened it for Public Comments. There
were no Public comments; as a result, Mayor Brennan closed the hearing to the Public.
MOTION: Vice -Mayor Johnson made a motion; Council Member Arena seconded the
motion. Carried unanimously 5-0.
11. ORDINANCE 22-19 - SECOND 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; PURSUANT TO A PRIVATELY -INITIATED
APPLICATION # PRZ 1-19, WHICH PROPERTY CONSISTS OF SIX POINT ZERO
THREE (6.03) ACRES, MORE OR LESS, OF LAND LOCATED AT 746 U.S. HIGHWAY
1 AND 734 N. US HIGHWAY 1; 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 "R-2 MULTIPLE -FAMILY DWELLING
DISTRICT". 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.
Attorney Davis read Ordinance 22-19 into the record. Mayor Brennan opened the hearing
for Council Comments. There was none.
Mayor Brennan closed the hearing to Council and opened it for Public Comments. There
were no public comments; as a result, Mayor Brennan closed the hearing to the public.
MOTION: Vice -Mayor Johnson made a motion; Council Member Arena seconded the
motion. Carried unanimously 5-0.
NEW BUSINESS
12. SPM 6-19: Application from Turnberry Beach Road LLC. for a Site Plan Modification
to revise the site plan, floor plans and building elevations of a nine (9) story 21-unit
multi -family 131,391 sq. ft. condominium building. The application includes
modification to the landscape plan and swimming pool area. The subject property is
located at 1500 Beach, Tequesta, FL 33469.
Attorney Davis inquired if there had been any ex-parte communication on this project.
Mayor Brennan stated she answered basic questions and Vice -Mayor Johnson had
discussed this project many months ago.
Nilsa Zacarias, Director of Community Development explained the Sea Glass (Blowing
Rocks) wanted to revise the approved plan. The project was a nine (9)-story 21-unit multi-
family building. The modifications were to landscape and to the pool area.
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George Gentile, from Gentile Glas Holloway & O'Mahoney Associates, discussed the
amendment to the site plan and reviewed a presentation. The building would have more
ocean views and deck space for the units.
Council Member Arena asked about the docking for the project. Mr. Gentile said that he
would work with the DEP (Department of Environmental Protection). Mr. Arena had another
question, if any future mitigation would be possible. Mr. Gentile stated there would be no
mitigation. Ms. Zacarias noted that the dock was not part of the approved plan. Mr. Arena
asked when the projected was expected to be completed. Robert Anchorage, an employee
for Fountainbleau Development stated depending on sales, the construction completion
would be after Easter around the beginning of May with an additional 16-month
construction period.
Mr. Arena inquired on the building estimation tax worth. Mr. Anchorage responded the
estimate would be $120 million to Village of Tequesta. Mr. Stone asked how many units
must be sold before construction would begin. Mr. Anchorage stated that the construction
depends on lender requirements; approximately 7 units sold or 1/3 of the building's
inventory. Vice -Mayor Johnson asked about a change in taxable value. Mr. Gentile stated
he believes there was even more value.
MOTION: Vice -Mayor Johnson made a motion; Council Member Arena seconded the
motion. Carried unanimously 5-0.
13. ORDINANCE 24-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, -AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 63. ARTICLE ll. RIGHT-OF-WAY REGULATIONS, TO
CONFORM THIS ARTICLE TO RECENT STATE LAW CHANGES REGARDING
COMMUNICATIONS FACILITIES AND ESPECIALLY WIRELESS FACILITIES THAT
MAYBE PLACED OR MAINTAINED /N THE .VILLAGES RIGHTS OF WAY; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 63.
SHALL REMAIN /N 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 24-19 into the record. Mr. Davis explained the State listed
the requirements on what can and cannot be done.
Mayor Brennan opened the hearing up for Council Comments. Council Member Arena
asked about the permit fee costs. Attorney Davis replied there were no collected permit or
registration fees, and the only revenue was the communication tax.
Mayor Brennan closed the hearing to Council and opened it up for Public Comments. First
resident's inquiry was inaudible at the beginning when the resident gave his name. He
inquired if this would allow the cellphone companies to place towers on resident's private
property without their permission. Attorney Davis stated that this Ordinance only addressed
the utility poles in the right of way along the road. Tom Bradford, 44 Chestnut Trail, believed
this Ordinance would have damaging effects on Tequesta. Mayor Brennan closed the
hearing to the Public.
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MOTION: Vice -Mayor Johnson moved approval of Ordinance 24-19 on First Reading;
Council Member Arena seconded the motion. Carried 4-1 (Opposed Council Member
Stone)
14. RESOLUTION 40-19 AUTHORIZING WRITE-OFF OF UNCOLLECTABLE EMS
TRANSPORT FEES AND AMENDING AND INCREASING THE FY 2018119 GENERAL
FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF
$40,311.35 TO FUND BAD DEBT
Mayor Brennan stated the appropriation needed to be rounded up $40,312. She opened
the hearing for Council Comments, and asked how old this debt was. Fire Chief Trube
stated January 1st 2014 to September 30, 2017. Council Member Stone asked about item
73. Chief Trube responded it was a Village employee and he did not have any additional
details. Council Member Stone inquired if transport fees were typically waived for
employees. Chief Trube stated that it would need to come before Council for approval to
waive EMS transport fees for any employee. Village Manager Allen suggested that Council
pull items 14 and 73 for further review.
MOTION. Council Member Stone made a motion to approve Resolution 40-19 not to
exceed $40,312 excepting out Line Items 14 and 73 from Exhibit A; Council Member
Brandon seconded the motion. Carried unanimously 5-0.
15. RESOLUTION 41-19, 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; 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 41-19 into the record. Village Manager Allen pointed out
that Lisa Bass wanted the water bill language to be removed for waiving the $100.00 on
the second occurrence; and the time period between the first and second occurrence as
long as the resident showed proof of repair. There was a discussion on whether once the
Village Manager or Council would be responsible for waiving the second water bill issue.
Vice -Mayor Johnson on how would the Manager's suggestion would affect the Resolution
language. Mr. Davis reviewed possible language ideas to amend Resolution 41-19. Mayor
Brennan asked how many resident requested for amended water bills. Village Manager
stated there are about one or two a week. Attorney Davis believed this was an operational
issue. Manager Allen suggested approving this Resolution as presented and amending this
portion and bringing back to Council for approval.
MOTION: Vice -Mayor Johnson made a motion to adopt a schedule of fee and charges
for the Provision of Water Services effective October 1, 2019; Council Member Arena
seconded the motion. Carried unanimously 5-0.
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App g;,u6`
16. Approve Purchase and Installation of the Third and Final No -Smoke Diesel Exhaust
Removal System to Rescue 85 in the Amount of $9,242.81, Totaling $27,728.43 for
all Three Systems
Chief Trube stated this was placed in the capital budget by previous Fire Chief Medina.
This is the third with no anticipation of purchasing the other two. There was some
discussion on the reason for these devices and which vehicles would have this device
installed. Council Member Arena inquired how long do these devices last. Chief Trube
stated they should last about 10 years.
MOTION: Vice -Mayor Johnson made a motion to approve authorization to obtain a
Purchase Order in the amount of $9,242.81; Council Member Arena seconded the
motion. Carried unanimously 5-0.
17. Approve Personnel Policy Update - Vehicle Allowance & Take Home Vehicles that
also addresses Vehicle Allowances
Village Manager Allen has standardized this policy and updated the language. Vice -Mayor
Johnson inquired if there was an incident that prompted this review. Village Manager Allen
replied no, but he wanted to ensure everything was equal. There was a discussion on which
departments have vehicles. Ms. Reid, Director of Human Resources, spoke on the Village
issued vehicle use and how the form would streamline this policy going forward.
MOTION: Vice -Mayor Johnson moved approval to replace policies Vehicle Operations
(7.7) and Village -Owned Vehicles (7.11) with one combined and improved policy entitled
Vehicle Allowance & Take Home Vehicles that also addressed Vehicle Allowances.
Council Member Arena seconded the motion. Carried unanimously 5-0.
ANY OTHER MATTERS
Mayor Brennan asked Council if there was anything additional for discussion.
Council Member Arena requested an item be placed on the Workshop agenda (part of request
was inaudible).
Council Member Stone suggested a Council meeting be held at Constitution Park during a food
truck night. There was a discussion on the logistics of moving the meeting there. Attorney Davis
advised that the Sunshine Laws have regulated meeting criteria and believed if it would not be
worth it.
MOTION. Vice -Mayor Johnson made a motion to adjourn the meeting Council Member Arena
seconded the motion. Carried unanimously 5-0.
ADJOURNMENT
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Approved
Re pectfully submitted,
7
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.
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