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HomeMy WebLinkAboutMinutes_Regular_2/11/2021MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL FEBRUARY 11, 2021 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 Abby Brennan, Vice -Mayor Kyle Stone, Council Member Laurie Brandon, Council Member Frank D'Ambra, Council Member Bruce Prince INVOCATION AND PLEDGE OF ALLEGIANCE An invocation was offered by Pastor Mike Richardson followed by the pledge of allegiance by Vice -Mayor Stone. APPROVAL OF AGENDA Mayor Brennan announced the meeting was being streamed online via YouTube and Zoom. MOTION: Council Member D'Ambra made a motion to approve the agenda. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. PRESENTATION There were none CONSENT AGENDA MOTION: Council Member D'Ambra made a motion to approve the consent agenda. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 1. MINUTES: January 14, 2021 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.) 1. Emergency Medical Consultants Medical Services Contract -Fire Department, $400.00 per 8 hour day, (The Emergency Medical Consultants Medical Services Contract is on file in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 2. First Baptist Church of Tequesta Polling Location Agreement -Village Clerk, $N/A, (The First Baptist Church of Tequesta Polling Location Agreement is on file in the Village Clerk's Office for review. Please contact MaryAnn Grieser at 561-768- 0445 to view the file). 3. Florida East Coast Real Estate Lease #281-1-2A-Public Works, $4,491.31, (The FEC Real Estate Lease #281-1-2A is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 4. Gehring Group Agent of Record Contract Extension -Human Resources, $N/A, (The Gehring Group Agent of Record Contract Extension is on file in the Human Resources Department for review. Please contact Kathy Hannon at 561-768-0416 to view the file). 5. Miracle Recreation Equipment Company Repair/Replacement Contract -Parks and Recreation, $2,700.80, (The Miracle Recreation Equipment Company Repair/Replacement Contract is on file in the Parks & Recreation Department for review. Please contact Kathleen Worley at 561-768-0475 to view the file). 6. Total Caring Training Site Agreement -Fire Department, $Varies, (The Total Caring Training Site Agreement is on file in the Fire Department Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Ms. Jill Howard of 270 Country Club Drive addressed Council concerning item four on the agenda. She was opposed to the office building citing concerns about height and design and how it would fit into the aesthetic of Tequesta. Ms. Raquel Cross of 19 Willow Road addressed Council concerning item four on the agenda. She was also opposed to the office design and did not want the building approved. Ms. Suzanne LaRock of 3450 Canal Court addressed Council concerning item four on the agenda. As a long time Tequesta resident, she was opposed to the proposed office building citing the glass design did not fit in with the small town tropical vibe of Tequesta. She was also concerned with increased traffic crossing US1. Mr. D. Williams addressed Council on item four on the agenda and was also opposed to the office building citing more virtual/work from home options and empty office buildings. He also urged Council to consider green space, dog parks or parks as alternatives to office buildings. Ms. Laura Spalding of 3453 Inlet Court addressed Council on item four of the agenda and was opposed to the design of the office building. She also described the character and charm of the Village and felt this did not fit in. A comment from Sue N. was sent in via email and addressed the traffic on Riverside Drive, Tequesta Drive and County Line Road stating they were impassible and lacked police presence. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra thanked Manager Jeremy Allen and Clerk Lori McWilliams on the clarified Council agenda. He also asked for follow-up on a detailed grant status spreadsheet. Vice -Mayor Stone asked for the grant spreadsheet to be part of the monthly reports. Council Member Brandon hoped that all resident concerns would be taken into consideration by Council. STANDING REPORTS Village Attorney Village Attorney Keith Davis introduced a new member to his firm, Trey Nazzaro. Mr. Nazzaro worked as the the attorney for the Town of Gulf Stream and was an accomplished litigator and local government attorney who was a great addition and asset to the team. Village Manager Manager Allen announced the Community Center Groundbreaking was on track for Wednesday, February 17, 2021 and the time capsule had been received. He commended the Fire Department on the distribution of the second dose of the COVID19 vaccine for the 50 residents who received the first dose in January. He updated Council on the CARES act funding and reimbursement the Fire Department applied for, announcing that Tequesta was in the final rounds. He also acknowledged the Police Departments efforts in applying for COVID19 related expense reimbursement grants. Mayor Brennan inquired on the progress of the fund balance and if it would increase by the end of fiscal year 2021. Mr. Dunkley started by addressing the fiscal year ending September 30, 2020, which was on audit, and projected a slight increase due to budget variances in the Fire Department budget and the delayed receipt of the new rescue ambulance. He expected a net change of over $100,000. For fiscal year 2021 received revenues from Seaglass and other projects would help increase projections and he was hoping for a $200,000 increase over projections. The challenge to projections was COVID related expenses. Council Member D'Ambra asked about tax revenue relative to COVID19 expenses and if it was safe to achieve the forecast. Mr. Dunkley believed it was safe to meet projections and had collected 91 % of tax revenues. Vice -Mayor Stone wanted to know how short the fund balance was for fiscal year 2020. Mr. Dunkley announced it was a little below projections. Manager Allen elaborated the deficit was $600,000 and revenues would cut into that more. Vice -Mayor Stone also acknowledged it was the first year money was budgeted into the deficit of funds. Police Department A written report was submitted and nothing further was added. Fire Department A written report was submitted and nothing further was added. UTILITIES DEPARTMENT A written report was submitted and nothing further was added. OLD BUSINESS 3. Authorize a Construction Manager At Risk (CMAR) Contract between the Village of Tequesta and Hedrick Brothers Construction for Village of Tequesta Community Center and Park Improvements for a Guaranteed Maximum Price (GMP) of $5,938,954; Authorizing the Village Manager to Execute the Necessary Documents. Manager Allen elaborated the GN1P included the 14,799 square foot community center, generator, renovations and improvements to park pathways and storm water drainage, landscaping and irrigations, as well as additional lighting towards the park and an improved parking area on Dover Road. Unique features in the lobby include a slide and changeable framed imagery. The schedule was updated to reflect the additional scope of work with the January deadline of completion unchanged. Council Member D'Ambra acknowledged everyone's hard work in making this project a reality. MOTION: Council Member D'Ambra made a motion to approve the Guaranteed Maximum Price (GMP) of $5,938,954 for construction of the Village of Tequesta Community Center and Park Improvements. Council Member Brandon seconded the motion. Carried unanimously 5-0. REGULAR AGENDA NEW BUSINESS 4. Conceptual Presentation for Tequesta Office Building at 691 N US Highway 1 Nilsa Zacarias, Director of Community Development, introduced the conceptual office project on the US1 corridor and the presenter, George Gentile. Village Attorney Davis stated the Village code allowed the presentation and it was not a quasi judicial proceeding. No action would be taken and comments were not an assurance of action, Council was not bound to anything said. He explained the difference between the presentation and a quasi judicial hearing and how to consider the evidence. Mr. Gentile presented the conceptual design, by O'Rourke Architects, for review and explained the details were being worked out. The property had not been closed and the buyer, Allied Capital and Development/Mastroianni Family, wanted feedback on the design before closure. The proposed office building is a four level modern design, with 29 parking spaces, and a 22 space garage. The first and second floor was described as parking, common areas, and vehicle collection display area. The third and fourth floor was a 1,500 square foot corporate office headquarters. He noted the building would look three stories from US1, due to the slope of the property and building design. The design was also pushed closer to the US1 setback to keep an easement between the office building and residential homes. Mr. Gentile called attention to the building meeting all Village regulation zoning code and would not need waivers or variances. Council Member Prince suggested rooftop landscaping. Council Member Brandon questioned the usage of the building for events. She also was concerned with the visual look of the building and its fit with the Village aesthetic. She asked that designs fit in with the Village architecture. Vice -Mayor Stone was similarly concerned with the design. He was also concerned with the funding of the building as other municipalities were in legal proceedings with the developer. Council Member D'Ambra applauded the sensitivity of the design to the community. He stated office use had the lowest impact on the community, vehicle traffic and contributed to increased foot traffic of local businesses. He also reiterated Attorney Davis' instructions on quasi judicial proceedings. Mayor Brennan wanted to confirm the building would not be used for car sales or special events and asked for attention to detail on the balcony aspects of design. Vice -Mayor Stone also wanted to clarify that car maintenance would not take place in the building. 5. RESOLUTION NO. 02-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH TRUST BANK SPONSORED BY THE FLORIDA LEAGUE OF CITIES INC; AUTHORIZING THE LEASE PURCHASE FINANCING OF THE ACQUISITION AND INSTALLATION OF CERTAIN EQUIPMENT HEREIN DESCRIBED; AUTHORIZING THE EXECUTION OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO COMPLETE THE TRANSACTIONS CONTEMPLATED HEREBY, AND PROVIDING AN EFFECTIVE DATE. Hugh Dunkley, Finance Director, elaborated this resolution was for SAN computer hardware for the Village network and would be financed for three years at an interest rate of 1.67%. MOTION: Council Member D'Ambra made a motion to approve the Master Equipment Lease/Purchase Agreement with Trust Bank. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 6. ORDINANCE NO. 01-21, 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 IX. SUPPLEMENTAL REGULATIONS, DIVISION 4. LANDSCAPING, BY AMENDING THIS DIVISION TO UPDATE "FLORIDA FRIENDLY LANDSCAPING" REQUIREMENTS FOR FERTILIZER USE THROUGHOUT THE VILLAGE; AMENDING DEFINITIONS, REVISING SHORELINE CONSIDERATIONS; UPDATING MAINTENANCE, YARD WASTE AND FERTILIZER MANAGEMENT PROVISIONS; INCLUDING PROVISIONS FOR APPLICABILITY, FINDINGS, PURPOSE AND INTENT, LICENSING AND TRAINING OF APPLICATORS, FERTILIZER CONTENT AND APPLICATION RATES, TIMING AND BEST PRACTICES FOR APPLICATION, AND DESIGNATION OF FERTILIZER FREE ZONES; PROVIDING FOR ENFORCEMENT OF VIOLATIONS AND PENALTIES; PROVIDING FOR 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. Title was read by Village Attorney Davis. He noted this was workshopped and had been presented to the planning agency. The hearing was opened for Council comment. No comments were made. The hearing was opened to the public for comment. No comments were made, the hearing was closed. MOTION: Council Member Brandon made a motion to approve Ordinance NO. 01-21. Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 7. ORDINANCE NO. 02-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SECTIONS 78-4, 78-296, 78-299, AND 78-335 TO PROVIDE FOR INTERNAL CONSISTENCY AND PROPER INTRA-CODE CROSS REFERENCING; 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. Title was read by Village Attorney Davis. The hearing was opened for Council comment. No comments were made. The hearing was opened to the public for comment. No comments were made, the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve Ordinance NO. 02-21. Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 8. ORDINANCE NO. 03-21, 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 I. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW DEFINITION FOR THE TERM RESTAURANT, SPECIALTY, AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. AT SECTION 78-176. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT., SECTION 78 177. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. AND SECTION 78 178. C-3 NEIGHBORHOOD COMMERCIAL DISTRICT. TO ADD RESTAURANT, SPECIALTY TO THE LIST OF PERMITTED USES, AND AT SECTION 78-180. MU MIXED -USE DISTRICT. TO ADD RESTAURANT, SPECIALTY TO THE LIST OF PERMITTED USES AND SHOPPING CENTER TO THE LIST OF SPECIAL EXCEPTION USES AND TO PROVIDE FOR CONSISTENCY BETWEEN MU DISTRICT REGULATIONS AND EXISTING USES WITHIN THE ZONING DISTRICT, AND AT ARTICLE X. OFF-STREET AND ON -STREET PARKING AND LOADING REGULATIONS. AT SECTION 78-705. REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR THESE ESTABLISHMENTS; 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 SEVERAB/LITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Title was read by Village Attorney Davis. He clarified that the ordinance would add a new definition for specialty restaurants for example gelato and would add shopping centers as a special exemption use. It also addressed parking requirements for these uses. The hearing was opened for Council comment. No comments were made. The hearing was opened to the public for comment. No comments were made, the hearing was closed. MOTION: Council Member D'Ambra made a motion to approve Ordinance No. 03-21. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 9. ORDINANCE NO. 04-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE JXX, SUPPLEMENTAL REGULATIONS. DIVISION 1. GENERALLY. BY REVISING SECTION 78-282. STRUCTURES EXEMPT FROM HEIGHT LIMITATIONS. TO PROVIDE ADDITIONAL RESTRICTIONS FOR SUCH STRUCTURES; 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. Title was read by Village Attorney Davis. He stated that this amended the maximum height requirement and addressed rooftop pertinences and chimneys, clarifying their heights. The hearing was opened for Council comment. Council Member D'Ambra noted that these ordinances had been reviewed in workshops. The hearing was opened to the public for comment. No comments were made, the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve Ordinance 04-21. Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 10. ORDINANCE NO. 05-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, UPDATING ITS COMPREHENSIVE PLAN CAPITAL IMPROVEMENTS ELEMENT FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE AS PROVIDED IN SECTION 163.3177(3)(b), FLORIDA STATUTES; PROVIDING THAT THE TEXT, AS UPDATED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT IN THE ADOPTED CAPITAL IMPROVEMENTS ELEMENT, PROVIDING FOR TRANSMITTAL OF A COURTESY COPY OF THE ADOPTED AMENDMENT TO THE STATE LAND PLANNING AGENCY, PROVIDING A CONFLICTS CLAUSE AND A SEVERABIL/TY CLAUSE, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Title was read by Village Attorney Davis noting this was an annual event to update capital improvement and amend to comp plan. It would be sent to the Department of Economic Opportunity, the state land planning agency. The hearing was opened for Council comment. Council Member D'Ambra wanted clarification if it was annual or only when the Village had an update. Ms. Zacarias explained moving forward the yearly budget would include capital improvement projects and it was an annual item. Vice -Mayor Stone noted that the community center cost, park lighting and park pathway would be done in 2021 and not 2022 and needed to be updated. The hearing was opened to the public for comment. No comments were made, the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve Ordinance NO. 04-21 with the updated numbers for the community center, park lighting and pathways to the fiscal year 2021. Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 11. Approval of the Annual Report of the Village Infrastructure Surtax Citizen Oversight Committee Mayor Brennan explained this was also referred to as the penny sales tax money and the committee ensures the Village is on track with the handling of the money. MOTION: Council Member D'Ambra made a motion to approve the Annual Report of the Village Infrastructure Surtax Citizen Oversight Committee. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 12. Approve Annual Pathway and Minor Construction Piggyback Contract Mr. Chambers explained the contract expired last month. Palm Beach County awarded three different companies contracts to provide flexibility in scheduling projects. Mr. Chambers recommended the piggyback contract through 2023. MOTION: Council Member D'Ambra made a motion to approve the Annual Pathway and Minor Construction Piggyback Contract. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 13. Approve Work Authorization CM U21.01 — Hydraulic Model & Evaluation — Chen Moore & Associates Mr. Hammond announced this was a previously budgeted capital improvement project and Chen Moore was selected due to their experience. MOTION: Vice -Mayor Stone made a motion to approve Work Authorization CM U21.01 with Chen Moore & Associates in the amount of $74,820. Council Member Brandon seconded the motion. Carried unanimously 5-0. 14. Approve Work Authorization CM U21.02 — WTP Process & Resource Improvements Evaluation — Chen Moore & Associates Mr. Hammond clarified this was for the implementation of budgeted capital improvement projects focused on the water treatment plant upgrades. MOTION: Council Member D'Ambra made a motion to approve Work Authorization CM U21.02 with Chen Moore & Associates in the amount of $124,400. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 15. Authorize Piggyback Agreement with Centerline Drilling, Inc. for Water Supply Well Rehabilitation Mr. Hammond elaborated on the well drilling contract and that this was the best value piggyback contract. MOTION: Council Member D'Ambra made a motion to authorize piggyback agreement with Centerline Drilling, Inc. for Water Supply Well Rehabilitation. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 16. Interlocal Agreement with Town of Jupiter Inlet Colony to provide Special Magistrate Services Mr. Davis was approached by the Jupiter Inlet Colony attorney to join the Village Special Magistrate hearings. They anticipated four or less code cases a year. This would not create any additional work for the Village. The Village was asked to provide the location and Special Magistrate only. Jupiter Inlet Colony would present their code cases and submit all relative paperwork. The Jupiter Inlet Colony was to pay the fees based on the Village fee schedule. The Jupiter Inlet Colony Council approved the Interlocal agreement on February eighth. Mayor Brennan clarified that Jupiter Inlet Colony would participate in the cost of the Magistrate. MOTION: Council Member D'Ambra made a motion to approve the Interlocal Agreement with the Town of Jupiter Inlet Colony. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member D'Ambra wanted to gain feedback on exploring community center component naming rights. He wanted to approach Mike Holloway with futures and also thought the Jupiter Inlet Colony would like to participate in the community center, allowing their residents access to the facility in return for a financial contribution. Manager Allen suggested a workshop on naming rights to set criteria and for which components within the center to explore naming. Mayor Brennan had a conversation with a resident of Anchorage Point who wanted to reschedule the annexation meeting. Council was in favor of revisiting this discussion and having a meeting with Anchorage Point residents. Manager Allen and Ms. Zacarias would update the previous package for the meeting. Council also wanted to discuss structure and design code regulations in a future workshop. ADJOURNMENT MOTION: Council Member D'Ambra made a motion to adjourn the meeting at 7:57 p.m. Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. 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.