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HomeMy WebLinkAboutMinutes_Regular_6/11/2020MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JUNE 11, 2020 6:00 PM ZOOMNOUTUBE 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 Stone, Council Member Brandon, Council Member D'Ambra and Council Member Prince INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Prince An invocation was offered by Pastor Paul Beresford; followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member D'Ambra made a motion to approve the agenda; Council Member Brandon seconded the motion. Carried unanimously 5-0. PRESENTATION There were none. CONSENT AGENDA Moved Items 2 and 3 per Council Member D'Ambra's request for further Council discussion. MOTION: Council Member D'Ambra made a motion moved approval of the consent agenda without Item 2 and 3; Council Member Brandon seconded the motion; carried unanimously 5-0 1. MINUTES:May 4, 2020 Workshop and May 14, 2020 Regular Council Meeting 2. Authorize Piggyback Agreement with Johnson -Davis, Inc. for Pipeline Construction Council Member D'Ambra inquired on the difference between item 2 and 3. Mr. D'Ambra and Utility Director, Matthew Hammond had a discussion on both contracts. These contracts were separated for the option to select the contactor best suited for the project at that given time. MOTION: Council Member D'Ambra made a motion to authorize piggyback agreement with Johnson -Davis, Inc. for Pipeline Construction; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 3. Authorize Piggyback Agreement with Hinterland Group, Inc. for Utility Repair Services Council Member D'Ambra inquired on the difference between item 2 and 3. Mr. D'Ambra and Utility Director, Matthew Hammond had a discussion on both contracts. These contracts were separated for the option to select the contactor best suited for the project at that given time. MOTION: Council Member D'Ambra made a motion to authorize piggyback agreement with Hinterland Group, Inc. for Utility Repair Services; Council Member Brandon seconded the motion. Carried unanimously 5-0. 4. RESOLUTION NO. 15-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CONFIRMING BY PROCLAMATION THE STATE OF EMERGENCY DECLARATIONS ISSUED ON APRIL, 10, 2020, APRIL 17, 2020, APRIL 24, 2020, MAY 1, 2020, MAY 8, 2020, MAY 15, 2020, MAY 22, 2020 AND MAY 29, 2020 (A CONTINUANCE OF RESOLUTION NO. 11-20) FOR THE VILLAGE OF TEQUESTA DUE TO COVID-19 (CORONAVIRUS), 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; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 5. RESOLUTION NO. 17-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, UPDATING THE VILLAGE'S PUBLIC PARTICIPATION RULES AND POLICIES TO INCLUDE GENERAL MEETING DECORUM RULES AND POLICIES AND A PROCESS FOR ADDRESSING AND HANDLING DISRUPTIONS DURING PUBLIC MEETINGS END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Bob Shaw of 24 Shady Lane thanked the Village Clerk for keeping the residents informed on the Covid-19 pandemic. He suggested the Village use their signage to remind residents to continue to wear masks and social distance. Village Manager, Jeremy Allen stated he would work with the Village Clerk, Lori McWilliams on signage. COMMUNICATIONS FROM COUNCIL Council Member Brandon stated she had concerns about the water billing. Ms. Brandon said that her concern would be addressed in the Utility Director, Matthew Hammond's report. Council Member Prince was pleased with Storm Water system handling the rain in May. Council Member D'Ambra spoke about the unrest going on within the other communities. Mr. D'Ambra acknowledged Police Chief Medina and Fire Chief Trube for their community involvement. Vice -Mayor Stone seconded the previous comments from Council. Mr. Stone acknowledged Public Works for the sign work on Tequesta Drive. He thanked the Utility department for their hard work pumping water during the heavy rains last month. In addition, Vice -Mayor recognized all the Village staff were working remotely. Mayor Brennan agreed with all previous Council Comments. Ms. Brennan was grateful for Village staff. STANDING REPORTS Village Attorney Mr. Davis acknowledged how smooth the virtual meetings were being conducted. Village Manager Mr. Allen gave an update on Covid-19. Village Manager stated there has been an increase in number of cases as businesses begun to open. The status was being monitored. Mr. Allen acknowledged Finance for their hard work providing the budget for Monday's workshop. He spoke briefly on the Community Center issue with mold and flooding. Mr. Allen was in the process of developing a plan for the building and staff. Village Manager stated there was a water billing issue. There as an error in reporting the water meters, and the situation was resolved and should not happen again. Mr. Allen also praised the Police department for managing traffic during the heavy rainstorms. He acknowledged water distribution staff for working long hours to assist with elevating the floods in the community. Village Manager spoke on the Code issue with vehicles that had commercial decals parked in residential areas. Mr. Allen referred to Council for their opinion on this matter. Council Member D'Ambra asked about the increase of Covid-19 causing an impact on the local hospitals. Mr. Allen said there was a strain on hospitals. He said the Fire Chief Trube would have more information on this. Fire Department Fire Chief Trube added to Covid-19 discussion. He also discussed the Insurance Service Office (ISO) review was done for the Fire Department. UTILITIES Utility Director, Matthew Hammond added to the Village Manager's comments on the flooding in the community. Vice -Mayor Stone advised to prioritize the Utility repairs and/or projects that need to be addressed on Budget in the capital improvement plan. REGULAR AGENDA OLD BUSINESS 6. ORDINANCE 2-20, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE V. PROPERTY MAINTENANCE. SECTION 14-121. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED. TO PROVIDE APPLICABLE CONFLICTS AND ENFORCEMENT CLAUSES AND TO READOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE /N PART, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14 SHALL REMAIN /N FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERAB/LITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read Ordinance 2-20 title into the record. Mayor Brennan opened the hearing for Council Comments. There was no Council comments. 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: Council Member D'Ambra made a motion to approve Ordinance 02-20 on first reading. The Local Planning Agency will then review and make a recommendation (tentatively May 21) prior to second reading (tentatively June 11); Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 7. Authorize Piggyback Contract and Purchase Order with Shenandoah General Construction Co. for Storm Drain Cleaning, Repairs and Maintenance Matthew Hammond, Utility Director reviewed potential impact from Community Center on this project. MOTION: Vice -Mayor Stone made a motion to authorize piggyback contract and associated purchase requisition with Shenandoah General Construction Co. for Seabrook Road Stormwater Pipe Lining; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 8. Council Approval on Streaming Council Meetings Manager Allen briefly discussed streaming the meetings would provide another method of transparency to the citizens. Council discussed the best method for the citizen comments. They felt citizen comments should be done in person and not virtually. MOTION. Council Member D'Ambra made a motion to approve; Council Member Prince seconded the motion. Carried unanimously 5-0. NEW BUSINESS 9. Application from Nancy Burke Harvey, PLLC, for a Special Exception Use pursuant to Section 78-180. MU District (i) (5) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting approval for a Special Exception Use Modification (Private School) for an additional 1,750 square foot building space in the Mixed -Use Zoning District The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. Attorney Davis explained the quasi-judicial nature of the item and swore in two people. Mr. Davis inquired if there had been any ex-parte communication on this project. There were none. Nilsa Zacarias, Director Community Development present this application for special exception modification for expansion of 1,750 square feet to the private school. Applicant and Founder of the Harvey Academy, Nancy Harvey of 165 Citadel Circle addressed Council about her need for more space. 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: Council Member D'Ambra made a motion to approve; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 10. Request to Waive Fees for a Time Extension Development Order Pursuant to Executive Orders Attorney Keith Davis briefly reviewed the time extension and fee waiving process during time of emergency. Community Development Director, Nilsa Zacarias reviewed the expiration date for the ongoing projects in the Village. There were currently none expired. George Gentile from Gentile Glas Holloway O'Mahoney & Associates, addressed Council on his extension and wavier of fee request. There was Council discussion. 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: Council Member D'Ambra made a motion to approve; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 11. Approval of Proposed Settlement Agreement for Presley Family Trust v. Village of Tequesta, Case No. 50-2020-001861. Attorney Keith Davis reviewed the settlement for the generator location on the Presley residence. The neighbor, Rob Passander previously opposed to this generator placement was now in favor. The owner had provided additional landscape to buffer this situation. 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 Stone made a motion to approve; Council Member Brandon seconded the motion. Carried unanimously 5-0. 12. RESOLUTION 16-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING AND INCREASING THE FISCAL YEAR 201912020 GENERAL FUND #001 BUDGET BY $20,000.00 BY APPROPRIATING RESTRICTED BUILDING DEPARTMENT FUNDS AND INCREASING EXPENDITURES AS SPECIFIED IN THE ATTACHED "EXHIBIT A;" PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Resolution 16-20 title into the record. Finance Director, Hugh Dunkley discussed the budget amendment for the legal fees in connection with the Presley case. There was Council discussion on the legal costs associated with the Presley matter. Vice -Mayor asked why this was not budgeted for already. Village Manager Allen stated the Presley cost was not foreseen. Council decided on a workshop to review the Planning and Zoning board appeal process. 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: Council Member D'Ambra made a motion to amend and increase the Fiscal Year 2019/2020 General Fund #001 budget by $20,000.00 by appropriating fund balance and increasing expenditures as specified in the attached "Exhibit A;" Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 13. Discussion Regarding Time Frame for Declarations Declaring a State of Emergency to be Affirmatively Renewed Village Manager Allen reviewed the Declaration for the State of Emergency process Council Member D'Ambra suggested the Council take more responsibility on the Emergency Declaration. Mr. D'Ambra wanted to formalize a process to reaffirm the declaration at the next council meeting instead of every 60 days. There was Council discussion with Attorney Davis on the Village code; and Mr. Davis explained no action was required, as this was already defined in the Village code. 14. Affirm Renewal of State of Emergency Declaration Due to COVID-19 Village Manager Allen requested Council affirm the COVID-19 Emergency Declaration renewal to allow the Village to receive emergency funding as necessary. ANY OTHER MATTERS There were none. ADJOURNMENT MOTION: Vice -Mayor Stone made a motion to adjourn the meeting; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. R spectfully submitted, 6\�M 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.