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HomeMy WebLinkAboutMinutes_Regular_9/10/2020MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 10, 2020 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 Stone, Council Member Brandon, Council Member D'Ambra and Council Member Prince. INVOCATION AND PLEDGE OF ALLEGIANCE - Vice -Mayor Stone An invocation was offered by Reverend Dan Commerford of First Presbyterian Church of Tequesta 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 MOTION: Council Member Frank D'Ambra made a motion to approve the consent agenda, removing item number 5 for discussion; Council Member Laurie Brandon seconded the motion. Carried unanimously 5-0. 5. RESOLUTION 33-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 201912020 GENERAL FUND #001 BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $50,000.00 TO FUND THE POLICE DEPARTMENT'S CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING GRANT PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council Member D'Ambra asked about the difference between exhibit A and figures stated earlier in the application. Manager Allen assured Council Member D'Ambra he would get back to him with an answer. MOTION: Council Member D'Ambra made a motion to have staff request authorization to amend the General Fund #001 budget for FY2019/2020; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 1. MINUTES: 8/3/20 Workshop; 8113120 Regular 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.) 1. Atlas Peat & Soil, Inc. Credit Application -Water Distribution/Stormwater, Costs dependent on services provided, (The Atlas Peat & Soil Credit Application is on file in the Water Distribution/Stormwater Department for review. Please contact David Tinoco, 561-768-0484 to view the rile). 2. FEC Railway Property Renewal Lease 281- 1-2a-Public Works, $4,277.44, (The FEC Railway Property Renewal Lease is on file in the Public Works Dept. Please contact Doug Chambers, 561-768-0482 to view the Me). 3. FEC Railway Property Renewal Lease 281-1-2b-Public Works, $12,931.80, (The FEC Railway Property Renewal Lease is on file in the Public Works Dept. Please contact Doug Chambers, 561-768-0482 to view the file). 4. Southeastern Printing Quote 35857-Administration, $2,496.00, (The Southeastern Printing Quote 35857 is on file in Village Clerk's Office. Please contact Kellie Bonneau, 561-768- 0444 to view the file). 5. Southeastern Printing Quote 35858-Administration, $550.00, (The Southeastern Printing Quote 35858 is on file in Village Clerk's Office. Please contact Kellie Bonneau, 561-768-0444 to view the file). 6. Wapro 30" Check Valve Quote-Stormwater Outfall-Water Distribution/Stormwater, $10,168.00, (The Wapro Check Valve Quote is on file in the Water Distribution/Stormwater Dept. Please contact David Tinoco, 561-768-0482 to view the file). 3. RESOLUTION NO. 31-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 201912020 BUDGET IN THE AMOUNT OF $10,000.00 RECOGNIZING ADDITIONAL LAND DEVELOPMENT REVENUES AS WELL AS RECOGNIZING RELATED CONTRACTUAL LABOR AND LEGAL EXPENDITURES 4. RESOLUTION NO. 32-20, 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. 6. RESOLUTION NO. 34-20, 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, MAY 29, 2020, JUNE 5, 2020, JUNE 12, 2020, JUNE 19, 2020, JUNE 26 2020, JULY 3, 2020, JULY 10, 2020, JULY 17, 2020, JULY 24, 2020, JULY 31, 2020, AUGUST 7, 20201 AUGUST 14, 2020, AUGUST 21, 2020, AUGUST 28, 2020 AND SEPTEMBER 4, 2020 (A CONTINUANCE OF RESOLUTIONS NO. 11-20, 15-20, 18-20 AND 25-20) 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 7 Acceptance of Insurance Reimbursement for February 4, 2020 Water Main Break 8. Approve Jupiter Medical Center Urgent Care 2020-2022 Agreement For Services 9. Approve Developer Agreement with Turnberry Beach Road LLC for Sea Glass Development Project 10. Approve Agreements for General Consulting Services — Continuing Contracts (RFQ #UTIL 06-20) END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Dr. Joi Sutton addressed Council and asked for a solution to her veterinary practice's parking dilemma on Cypress Drive. She explained that there were only seven parking spaces available for her building, which included both staff and clientele. Mr. Robert Passander of 374 Riverside Drive brought a visual representation of a non -fitting pipe fixture and explained that the Village had installed it on his property haphazardly and without a permit. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra suggested several resolutions regarding Phase 2 within Palm Beach County. He was concerned with businesses being able to survive, and asked that restaurants be able to move to a 75% occupancy rate. Additionally, he would like to see them move toward 100% occupancy by November 2, 2020. Council Member D'Ambra would like a resolution passed conveying concern in regards to Palm Beach County schools lack of preparedness. Council agreed to bring the discussion to a workshop setting for further conversation. Council Member Stone commended staff on a job well done in working with the community during the pandemic. Council Member Brandon thanked Manager Allen for taking action in creating a plan for properties that the Village owns, which would serve the residents of the Village. She felt that the local schools were working hard to accommodate children and parents during these trying times. Mayor Brennan thanked the staff for their hard work and was grateful to Manager Allen for his commitment to the Village. STANDING REPORTS Village Attorney Attorney Davis revealed that most of his work had been behind the scenes lately, however he was available for any questions. Village Manager Manager Allen thanked the Police and Fire Department for their work during the recent Presidential and Gubernatorial visit. He commended Utility Director Matt Hammond and the Water Department's hard work with the meter change out project. He thanked Village Clerk Lori McWilliams and IT Director Brad Gomberg for their constant work in bringing the meetings to all, recognizing the challenges that live streaming brought. Manager's Report All reports had already been emailed to Council. Police Department Fire Department UTILITIES REGULAR AGENDA OLD BUSINESS - None NEW BUSINESS 11. SPR 1-20: Application from VILLAGE OF TEQUESTA for a site plan review to build a one (1)-story 14,799 square foot recreational facility. The application also includes one (1) monument sign and revised parking and landscaping plans. The subject property is located at 399 Seabrook Road, Tequesta, Florida, 33469. Village Attorney Keith Davis announced the proceeding was quasi-judicial and he swore in three members of the meeting. There were no ex parte communications. Community Development Director Nilsa Zacarias addressed Council and explained that the application had been through the process and was now ready for Council approval. Mr. Donaldson Hearing of Cotler and Hearing presented a power point presentation for Council. He believed the new building and parking configuration would enhance the Constitution Park area. His slide show illustrated the building and surrounding area and revealed the existing building would be replaced by a structure approximately double the size. Mr. Hearing believed the new building could be completed by 2022 if it was approved this evening. Council Member D'Ambra urged Council to compress the process so that the Community Center could open sooner than 2022. Mr. Gonzalez, of REG recommended using a construction manager for quality assurance on the project. A generator was planned as an option dependent upon pricing. It was confirmed that the building was hurricane strong and could possibly serve as a temporary shelter, especially if a generator was installed. The construction trailer needed to be hurricane rated and Manager Allen was working on an alternative to achieve this. MOTION: Council Member D'Ambra made a motion to approve SPR 1-20; Council Member Prince seconded the motion. Carried unanimously 5-0. 12. Resolution 29-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE UPWARD MODIFICATION OF EMS TRANSPORT USER FEES TO KEEP RATES COMPARABLE WITH OTHER PALM BEACH COUNTY AMBULANCE TRANSPORT SERVICES IDENTIFIED IN "EXHIBIT A'; AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE Village Attorney Keith Davis read Resolution 29-20 into the record. Fire Chief Trube asked Council to consider raising the transport user fee to a level, which was in line with other area agency fees. He added that the transport fee for the Village would still be the lowest in Palm Beach County. Chief Trube would have to get back to Council with the cost of transporting a patient. MOTION: Council Member D'Ambra made a motion to approve Resolution 29-20; Council Member Brandon seconded the motion. Carried unanimously 5-0. 13. Resolution 30-20, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE WRITE-OFF OF UNCOLLECTABLE EMS TRANSPORT USER FEES AS IDENTIFIED IN THE ATTACHED "EXHIBIT A", AMENDING AND INCREASING THE FISCAL YEAR 201712018 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN AN AMOUNT EQUAL TO THE AMOUNT IDENTIFIED IN THE ATTACHED "EXHIBIT All TO FUND BAD DEBT AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Keith Davis read Resolution 30-20 into the record. Chief Trube explained to Council that Resolution 30-20 was to approve writing off uncollectible transport fees totaling approximately $71,000 during the timeframe of February 2017 through September of 2018. MOTION: Council Member D'Ambra made a motion to approve Resolution 30-20; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. 14. ORDINANCE 06-20, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 78. ZONING., ARTICLE XI. SIGNS. TO CONFORM VILLAGE CODE TO RECENT LEGAL PRECEDENT REGARDING SIGNS AND TO PROVIDE INTERNAL CONSISTENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. 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. Village Attorney Keith Davis read Ordinance 06-20 into the record. He explained this ordinance would update definitions as well as the manner in which the Village would deal with temporary signage. He added that "commercial speech" was also defined and addressed within the ordinance. Mayor Brennan opened the hearing for Council Comment. Council Member Brandon asked Council to consider allowing temporary signage by issuing a special event permit for open house signs, HOA (Home Owners Association) meeting signs, and church service signs. Mayor Brennan felt the sign code should be across the board and should not have many exceptions, as other businesses would view this as unfair. Vice Mayor Stone felt the ordinance should be followed, however he was open to working with local homeowner associations and realtors. Council Member D'Ambra felt it would be problematic to allow certain realtors to have signage but not others. He felt HOAs had other means of notifying residents other than signage. Attorney Davis asked Council to consider passing this ordinance on first reading as written, adding that the permitting process could be discussed later. Council decided a Workshop on the permitting process should be scheduled. Mayor Brennan opened the meeting to the public for comments; there being none, the meeting was closed to the public. MOTION: Vice -Mayor Stone made a motion to adopt on first reading; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 15. ORDINANCE 8-20, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE OF ORDINANCES AT CHAPTER 70. TAXATION; ARTICLE IV. PUBLIC SERVICE TAX; DIVISION 2. ELECTRICITY, GAS AND WATER; SECTION 70- 121. TAX LEVIED. BY REPEALING THE "PER GALLON BASIS" FOR THE COLLECTION OF TAX ON WATER BUT LEAVING UNCHANGED THE RATE OF 9%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70 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. Village Attorney Davis read Ordinance 8-20 into the record. Manager Allen explained that "water service" was defined as water consumed along with the monthly service charge. Mayor Brennan opened the public hearing for Council comments; there being none, she closed the hearing to Council and opened it up for public comments. There were no public comments, therefore the hearing was closed. MOTION; Council Member D'Ambra made a motion to approve ordinance 8-20; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member D'Ambra brought forward the possibility of the Village maintaining the land east of US Highway One, which was currently being managed the Bureau of Land Management. Manager Allen added that the park grant writer had submitted a letter to FDOT (Florida Department of Transportation) for a possible grant for landscape beautification. He advised they were waiting to hear the results of the grant request. Vice Mayor Stone suggested that the palm trees on either side of the Tequesta Drive Bridge have decorative lighting installed for the holiday season this year. 16. Meeting Task Assignments ADJOURNMENT The meeting was adjourned at 7:30 PM MOTION: Council Member D'Ambra made a motion to adjourn the meeting Council Member Brandon seconded the motion. Carried unanimously 5-0. Respectfully submitted, ,, ..^n - - - - 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.