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HomeMy WebLinkAboutMinutes_Regular_4/8/2021MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL APRIL 8, 2021 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Frank D'Ambra at 6:20 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Vice -Mayor Kyle Stone, Council Member Laurie Brandon, Mayor Frank D'Ambra, Council Member Bruce Prince and Council Member Molly Young APPROVAL OF AGENDA MOTION: Council Member Brandon made a motion to approve the agenda; Council Member Young seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Presentation of the Abby Brennan Mayor Award Former Mayor Abby Brennan congratulated the new Council. She again thanked everyone for the award. Clerk McWilliams read the criteria of the Abby Brennan Mayor Award which included being a Village resident who worked toward the betterment of the community and had made a positive difference for Village residents. Former Mayor Brennan highlighted the accomplishments and character of the two recipients of the first Abby Brennan Mayor Award. The recipients were Pastor Paul Beresford and Mrs. Patricia Watkins. Clerk McWilliams and Former Mayor Brennan presented plaques to both recipients who were very excited for their recognitions. 2. Master Code Professional Designation of Building Director Jose Rodriguez - Jeremy Allen Village Manager, and video presentation by Sara Yerkes, Vice President of Government Relations, International Code Council. Building Director Jose Rodriguez was presented with a video from Village Staff and Council congratulating him on his Master Code Professional Designation. Manager Allen introduced the video and highlighted Mr. Rodriguez's 40 International Code Council (ICC) certifications, virtual building processes, Building Journal article, and Master Code Professional designation during his career with the Village of Tequesta. CONSENT AGENDA Mayor D'Ambra announced item eight of the consent agenda was pulled by the applicant and moved to a later meeting. MOTION: Vice -Mayor Stone made a motion to approve the consent agenda. Council Member Brandon seconded the motion. Carried unanimously 5-0. 3. MINUTES: March 1, 2021 Workshop, March 11, Regular Council Meeting and March 22, 2021 Workshop 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.). 1. Consort Display Group Quotation -Public Works, $2,278.00 (The Consort Display Group Quotation is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 2. Dive Rescue International Host Agreement -Fire Department, $400.00 per student/ with 15 paid registrations 5 free. (The Dive Rescue International Agreement is on file in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 3. Inland Grading, Inc. Swale Restoration Project -Utilities, $14,805.00 (The Inland Grading, Inc. Proposal is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 4. Kimley-Horn Tequesta Bridge Sidewalk Repair Work Authorization -Public Works, $5,300.00. 5. Metro Fire Protection Services Estimate -Public Works, $1,063.35 (The Metro Fire Protection Services Estimate is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 6. Sea Glass Development Estoppel Certificate -Utilities, (The Sea Glass Development Estoppel Certificate is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 7. Solid Waste Authority Credit Application -Public Works, (The Solid Waste Authority Credit Application is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 8. Universal Engineering Sciences Proposal -Parks and Recreation, $5,257.00 (The Universal Engineering Sciences Proposal is on file in the Parks and Recreation Department for review. Please contact Greg Corbitt at 561-768-0473 to view the file). 9. Zoll Extended Warranty & Preventive Maintenance Contract -Fire Department, $2,244.38 (The Zoll Extended Warranty & Preventive Maintenance Contract is on file in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 5. RESOLUTION NO. 16-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING RESOLUTION 11-21 "THE ABBY BRENNAN MAYOR AWARD" TO BE PRESENTED ANNUALLY TO A RESIDENT (REMOVING EMPLOYEE) FOR THEIR DEDICATION TO SERVICE AND POSITIVE IMPACTS MADE TO THE VILLAGE OF TEQUESTA; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 6. RESOLUTION 17-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CERTIFYING THE RESULTS OF THE REGULAR ELECTION HELD ON MARCH 9, 2021 FOR THE VILLAGE OF TEQUESTA COUNCIL; AND FOR OTHER PURPOSES. 7. RESOLUTION NO. 18-21, 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. 8. Approve Utilities Developer Agreement with Crystal Cove Waterway, LLC for Crystal Cove Project Removed from agenda. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mrs. Marcia Nielson of 94 Beechwood Trail addressed Council on several matters. She asked that Council consider updating Constitution Park's walking paths with mulch, opposed the suggestion, brought forth by a resident at previous council meeting, of selling Memorial Park and suggested a passive park, preferred the Native American Village logo for the recreation center, and suggested using community involvement and former Mayor Brennan during the US1 bridge replacement to survive any impact the Village may experience. Mrs. Andrea Aiken and husband Mr. Michael Aiken of 35 Bayview Road spoke out against the AT&T 5G wireless cell tower proposed for the Shady Lane community by AT&T. She requested the Village support and provide guidance in asking for a new location of the tower. Mrs. Lydia MacLear a Village resident and representative of a group who advocates for responsible wireless technology read a letter to Council on the effects of 5G and how to halt 5G from coming into the Village. She also referred attorney Andrew Camponelli, a great resource with success in fighting telecoms and 5G for several towns around the United States. Mr. Nolan MacLear of 59 Birch Place referenced Palm Beach, who successfully regulated wireless facilities in their town. He urged Tequesta to follow their lead and reach out to attorney Andrew Camponelli. He also cited articles and studies on the effects of 5G and advocated for safe technology. Mrs. Debbie Wallace of 68 Birch Place echoed the sentiments of the other speakers citing Easton, Connecticut, which had banned 5G. She also provided Council with several articles to review. Mrs. Shirley Jackson of 12875 Barrow Road in Juno Isles cited herself as an example of a person who is electromagnetically sensitive, explaining her neurological symptoms of voice crackling and hands shaking when around these types of technology. She also recommended attorney Andrew Campanelli explaining his efforts in re -writing ordinances to protect the towns from 5G towers. Mayor D'Ambra thanked everyone for speaking and assured residents Council would continue to look into this matter. COMMUNICATIONS FROM COUNCIL Council Member Prince offered his praise and thanks to Mr. Rodriguez. Council Member Brandon also congratulated Mr. Rodriguez. She updated Council on the Environmental Advisory Committee's (EAC) nomination for The Environmental Stewardship Award through the Florida League of Cities. The EAC has submitted all paperwork and is awaiting the final decision. Council Member Young suggested planning an event for Earth Day. Vice -Mayor Stone thanked the Tequesta Police for being involved in the community and helping the local school children cross the street. He also had concerns about the 5G tower. Manager Allen stated there had not been any permits or applications at that time. Village Attorney Keith Davis explained that current Village code provided many restrictions, in accordance with the Florida Advanced Wireless Infrastructure Deployment Act, and was in compliance with state legislation. STANDING REPORTS Village Attorney Attorney Davis expressed the success of the ethics training he and the Village Clerk had provided earlier in the week, and due to that, offered the ability to provide refreshers on the Sunshine Law, gifts, ethics and voting conflicts to anyone who was interested. Village Manager Vice -Mayor Stone questioned whether the recreation center construction would be affected by supply shortages and costs that were occurring around the Country. Manager Allen confirmed they are looking at a significant delay due to building materials and supplies. Manager Allen touched on the 300% increase in wood and steel prices, but acknowledged the Village was fortunate to lock in the cost of steel before these shortages. He did expect to see delays and an increase in budget for the overall project. The team was resolute to make up time and costs as much as possible and credited Parks and Recreations Director Greg Corbitt and Hendricks Brothers Construction for scrutinizing all aspects during this unprecedented time. Manager Allen announced an Earth Day event was to be held on April 22nd with all details from the Parks and Recreation Department to follow. Police Department Council Member Young thanked the Police Department for their visit to Whitehall to discuss safety procedures and measures. Fire Department UTILITIES REGULAR AGENDA OLD BUSINESS - None NEW BUSINESS Mayor D'Ambra requested a change in the hearing procedure by allowing public comment prior to Council comment, therefore allowing the Council to hear public input before providing their own, and council agreed. 9. SEU 1-21: 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 Special Exception Use (Private School) approval for an additional 2,563 square foot building space to an existing private school use in the Mixed -Use Zoning District. The subject property is located at One Main Street, Suite 200 & 201, Tequesta, FL 33469. Attorney Davis swore in two people who testified during the hearing. Attorney Davis asked if Council had any exparte communications or site visits that needed to be disclosed, Vice -Mayor Stone had run into Mrs. Harvey at lunch and Council Member Young drove by the site. Community Development Director, Nilsa Zacarias provided a summary of the request to add a 2,563 square foot building bringing the total of the school to 5,660 square feet. She also explained after the special exception was approved the applicant was required to apply for a building permit and fire plan review for safety as the occupancy was changing from office space to school. The hearing was opened to the public. There were no public comments. The hearing was closed. The hearing was opened up for Council comments. Vice -Mayor Stone asked what was planned for Mrs. Harvey's other two locations. Mrs. Harvey announced those would eventually all move to the Main Street location. He also inquired how often the school used Paradise Park. Mrs. Harvey responded that it was used everyday for 15 minute recess and physical education class on Friday, she expected the use to increase once all classes were under the same building. Council Member Young inquired about the traffic flow plan for pick up and drop off. Mrs. Harvey explained the two dismals and two routes and her safety measures. With no further comments from Council the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve SEU1-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 10. ORDINANCE NO. 06-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 50. NATURAL RESOURCE PROTECTION. AT ARTICLE VI. WATER PROTECTION AND CONSERVATION. SECTION 50-186. CROSS CONNECTION AND BACKFLOW PREVENTION. TO ALLOW REVISIONS TO THE VILLAGE CROSS CONNECTION AND BACKFLOW PREVENTION POLICY BY RESOLUTION; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. 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 Ordinance No. 06-21 title into the record. The hearing was opened up for public comments; no comments were made. The hearing was opened to the Council; there being no comments the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve Ordinance No. 06-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 11. RESOLUTION NO. 15-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING RESOLUTION 21-19 VILLAGE OF TEQUESTA ENVIRONMENTAL COMMITTEE; INCORPORATING TERMS OF OFFICE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Clerk McWilliams provided the history of Council's request to advertise vacancies and term ends for boards and committees to residents. She informed Council that she noticed the Environmental Advisory Committee (EAC) did not have outlined term limits and therefore, with the help of Attorney Davis, the resolution was drafted outlining these guidelines. Mayor D'Ambra asked if any EAC members wanted to speak on this, Clerk McWilliams explained EAC members seemed to be in support of the update. Council Member Brandon also shared that EAC members understood this provided consistency among all Village boards and committees. MOTION: Council Member Brandon made a motion to approve Resolution No. 15-21; Council Member Prince seconded the motion. Carried unanimously 5-0. 12. RESOLUTION NO. 20-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING INTERDEPARTMENTAL TRANSFERS WITHIN THE GENERAL FUND #001; BUILDING FUND #101 AND UTILITY FUND # 401 FOR FISCAL YEAR 202012021 TO FUND INCREASED INSURANCE PREMIUMS FROM THE FLORIDA MUNICIPAL INSURANCE TRUST, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Finance Directory Hugh Dunkley explained the resolution was recognition of a transfer of money due to a slight increase in property, casualty and workers compensation insurance budgets. The increase in premiums was a combination of circumstances including COVID19. Protocols would be placed into effect to recognize this in future budgets and this was not appropriating the fund balance, but absorbing from the savings of another project. MOTION: Vice -Mayor Stone made a motion to approve Resolution No. 20-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 13. RESOLUTION NO. 19-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A REVISED 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 REVISED SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL DURING REGULAR BUSINESS HOURS; PROVIDING AND EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Hammond highlighted key factors of the utilities department and the industry as a whole. The Village had fixed assets that included 14 wells, a well treatment plant and 75 miles of buried water utilities. He introduced Mr. Robert Ori of Raftelis Financial Consultants who had performed and in-depth analysis to ensure that revenues earned, expenses incurred, and net income were adequate for the capital maintenance, infrastructure reinvestment, public policy (level of service, health and safety), and management required to run a utility. The results showed a 3.5% annual rate adjustment and a 1.5%-1.7% increase above the annual index with a $1.72 per month customer impact which was comparable to other utilities. Council Member Prince inquired on expediting replacements of water mains due to their age and the yearly increased costs of maintenance. Mr. Hammond explained that was researched and would be further reviewed. Council Member Young asked about energy efficiencies. Mr. Hammond explained both energy and chemical efficiencies are being researched, but there are some limitations due to the treatments needed. Vice -Mayor Stone agreed with Council Member Prince on accelerating replacement projects. He also wanted to maintain a reserve fund of 150 days and have a policy similar to the general fund policy. He suggested an annual update as well. Council agreed to move forward with the Resolution and over the next year look at accelerating the system and utilities replacements to be fully updated before the year 2030. MOTION: Vice -Mayor Stone made a motion to approve Resolution 19-21 amending the water rates; Council Member Prince seconded the motion. Carried unanimously 5-0. 14. RESOLUTION 22-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING AND INCREASING THE 202012021 STORM WATER UTILITY FUND #403 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $271,982.00 TO FUND DRAINAGE IMPROVEMENTS PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Hammond illustrated how heavy rains exposed much needed storm water repairs to stop sediment and water infiltration into the water utility pipes. MOTION: Council Member Prince made a motion to approve Resolution 22-21; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. 15. Authorize Piggyback Agreement & Work Authorization No. 1 with Hinterland Group, Inc. for Stormwater Collection System Rehabilitation Services MOTION: Vice -Mayor Stone made a motion to authorize Piggyback Agreement & Work Authorization No. 1 with Hinterland Group, Inc. for Stormwater Collection System Rehabilitation Services; Council Member Prince seconded the motion. Carried unanimously 5-0. 16. Approve Contract Award - Degasifier and Scrubber Maintenance Services — Membrane Treatment Services LLC Mr. Hammond explained this was a budgeted item. MOTION: Council Member Brandon made a motion to approve agreement with Membrane Treatment Services, LLC in the amount of $67,317.51; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 17. Approve Work Authorization KH-U21.01 — Water Main Replacement Program — Beach Road (Phase 2) - Professional Engineering Services — Kimley Horn Mr. Hammond announced this as the highest priority of the replacements as discussed earlier with item 13 of the agenda. MOTION: Council Member Prince made a motion to approve Work Authorization KH- U21.01 with Kimley Horn in the amount of $125,000; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 18. Request for Approval of the purchase of Microsoft Windows Server 2019 with Software Assurance MOTION: Council Member Brandon made a motion to approve the purchase of Microsoft Windows Server 2019 with Software Assurance; Council Member Prince seconded the motion. Carried unanimously 5-0. 19. Approve Roadway Improvements - Milling and Resurfacing Project Public Works Director Doug Chambers expanded on the project detailing it provided better drainage, integrity and structure for the road, and better stability for the laying of asphalt. He elaborated on each road that would be worked on and what was to be completed. He also detailed the expenses that was shared with the Town of Jupiter as some roads were shared with them in addition to working with Mr. Hammond on coordinated efforts wherever possible. Mr. Tom Bradford of 44 Chestnut Trail addressed Council regarding Tequesta Pines roads and Seabrook Road depressions. He also brought attention to the Tequesta Pines manholes maintained by the Loxahatchee River District. Mr. Chambers was aware of these issues and was working on resolutions along with the Loxahatchee River District. MOTION: Council Member Brandon made a motion to approve the Roadway Improvements Project; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 20. 2021 Governmental Assemblies Representation Appointments Clerk McWilliams went through the governmental assemblies and updated with Council Member appointments. ANY OTHER MATTERS Council had no comments. ADJOURNMENT The meeting was adjourned at 8:10 p.m. MOTION: Vice -Mayor Stone made a motion to adjourn the meeting Council Member Brandon seconded the motion. Carried unanimously 5-0. Respectfully submitted, �i&z C ,cL' a&% 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.