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HomeMy WebLinkAboutMinutes_Regular_6/10/2021MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JUNE 10, 2021 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Frank D'Ambra at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Frank D'Ambra, Vice -Mayor Kyle Stone, Council Member Laurie Brandon, Council Member Bruce Prince, Council Member Molly Young. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Laurie Brandon An invocation and prayer was offered by Pastor Paul Beresford followed by the pledge of allegiance led by Council Member Brandon. APPROVAL OF AGENDA A request to move Hendricks from item number 22 to item number 14 was made. MOTION: Council Member Prince made a motion to approve the agenda with item number 22 moved ahead of 14; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Fire Department Award Presentation Fire Chief Trube announced each shift was able to sit down and had received their awards, but he wanted to give special recognition to Firefighter III/Paramedic Andre' Dodd who also served as the Emergency Medical Services Logistics Officer and Designated Infection Control Officer. Firefighter Dodd led the logistics, infection control and public information response to COVID 19 for the Village of Tequesta. He had acquired personal protective equipment (PPE) well in advance creating a surplus supply for the Village, performed an abundance of contact tracing and infection control investigations, educated staff on vaccines, handled research, and setup testing and vaccination sites. Chief Trube truly felt Fire Medic Dodd was a brother in arms and deserved all the recognition. Therefore, he was awarded the Paramedic of the Year, 2021 and Fire Chiefs Commendation, 2021. Fire Medic Dodd was joined by his family to accept the awards for 2021 and Council thanked him for his dedication and contributions. 2. Vice -Mayor Stone added a presentation by Amy Angelo from Oceana Coffee Ms. Angelo explained the Shop VOT campaign, logo and flyers. She shared there was more Village business participation, $1,400 in donations and more engagement from residents. She also explained how social media has helped. She encouraged everyone to share posts and use #shopvot. Vice -Mayor Stone clarified the campaign was open to all who shop in the Village, not just residents. CONSENT AGENDA MOTION: Council Member Young made a motion to approve the consent agenda; Council Member Brandon seconded the motion. Carried unanimously 5-0. 3. MINUTES: May 3, 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. Aqua Backflow Cross Connection Control Program Services Agreement -Utilities, See agreement for associated fees (The Aqua Backflow Cross Connection Control Program Services Agreement is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 2. Kimley Horn Work Authorization KH-U21.02 Concentrate Disposal Main Industrial Waste Permit Renewal -Utilities, $12,250.00 (The Kimley Horn Work Authorization KH=U21.02 Concentrate Disposal Main Industrial Waste Permit Renewal is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 3. Northern Palm Beach County Community Planning Technical Assistance Grant Application -Village Manager, $N/A (The Northern Palm Beach County Community Planning Technical Assistance Grant Application is on file with the Village Manager's Office for review. Please contact Debra Telfrin at 561-768-0460 to view the file). 5. SE 03-21 - Special event permit application by Palm Beach Roadrunners for an annual 1112512021 four -mile road race, one -mile kids race and hundred -yard toddler dash to take place at Constitution Park on Dover Road from 6:00 a.m. - 11:00 a.m. There will be 2,200 attendees. No alcohol will be served. Water and Gatorade will be provided along the course route. There will be 10 open tents set up at the event (i.e., without sides) and a truck with a ladder to display a flag. The applicant has provided for Police Detail (10 officers including supervisor) and EMS services. 6. Approve a Residual Grant from the Florida Department of Law Enforcement Coronavirus Emergency Supplemental Funding (CESF) Program 7. Approve Change Order #1 — Pinetree Drive-Tequesta Drive Stormwater Improvements — Ferreira Construction END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Robert Shaw of 198 Golf View provided information regarding the Indian River Lagoon Health Council. He advised Council on deteriorating water quality, sea grass death and implications it had on manatees and sea life. He detailed the Loxahatchee River nutrient spikes in the summer months along with algae blooms to the North and South of Village affected to local waters. Mr. Shaw asked the Village to continue promoting the fertilizer ban during the rainy months and further promotion of the fertilizer ordinance with Village banners and notices in the fertilizer section of Rocky's Ace Hardware. He concluded with information of sea grass planting on the Loxahatchee River by the Florida Wildlife Conservation Commission and Jonathan Dickinson State Park. COMMUNICATIONS FROM COUNCIL Vice- Mayor Stone responded to inquiries from a previous Council meeting regarding Village authority to patrol Tequesta Park. He sited Florida Statute 901.252 which gave authority to municipalities to patrol and enforce laws on owned or leased properties outside of their jurisdiction. Mayor D'Ambra announced openings on the pension boards and asked Council to reach out to anyone who might be interested in the positions with relevant financial experience. He then confirmed his meeting with State Representative John Snyder to discuss grants and earmarks and welcomed summer intern, Eli Kauffman, who was working with the Village Manager and Village Clerk. STANDING REPORTS Village Manager Manager Allen announced a budget workshop on June 23rd. Village Attorney Village Attorney Davis notified Council of a forthcoming memo summarizing the bills passed by the Florida Legislature during the 2021 Legislative Session which may impact the Village. Police Department Chief Medina announced the hiring of Officer Jheri-Lynn Palmeri, Officer of the Year: William Hoysradt; Civilian of the Year: Mike Hamper, Life Saving Award recipients: Officer Hoysradt and Corporal Tim Baldwin, and Public Safety Team Award recipient: Fire Fighter Andre Dodd. Chief Medina detailed the special recognition given to Village residents Tyler Van Voast and Adrian Steiner who had called Tequesta Police, Jupiter Police and Florida Fish and Wildlife when they found a Manatee stranded in a drainage area after the tide had gone out. The Northcom meeting to finalize budgets was completed along with multiple training. Finally, Chief Medina highlighted the partnership with the DEA and FHP and the results of a traffic stop by Officer Mike Loney's that included the seizure of over $4,000 in cash. Fire Department Chief Trube announced the successful completion of all physical ability tests, hydrant tests, and medical billing trainings along with other annual trainings. The department had hosted a second water rescue training and would hold a third training in July. The Fire Department also participated in the Take Your Kid to School event which was well received by the families and school. UTILITIES Utilities Director Matt Hammond welcomed Kathleen Maloney Pollock to the department. He provided updates on the backflow testing tracking system, the mailing of the Shop VOT flyer, delivery and detailing of the new pickup trucks, the completion of the last section of storm water piping, the replacement of Well nineteen was underway with the first design expected soon. He further detailed phase one of the Beach Road water main project approval and fire hydrants were being added at the request and funding of Seaglass Condominium; phase two of the project was underway with construction taking place next fiscal year. Vice -Mayor Stone inquired about the portal users and if 50 new users per month was consistent. Mr. Hammond explained the number fluctuates depending on the outreach done. 8.5% of customers were active portal users with a goal of 10%, which was substantially higher than most utilities. REGULAR AGENDA OLD BUSINESS 8. ORDINANCE NO. 07-21, SECOND 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 10. OCCUPANCY OR USE OF TEMPORARY STRUCTURES, TRAILERS OR VEHICLES. SECTION 78-612. OTHER USES. TO PERMIT THE PARKING OF FOOD TRUCK TRAILERS WITHIN VILLAGE JURISDICTION UNDER CERTAIN CONDITIONS; ALSO AMENDING CHAPTER 78. ZONING. ARTICLE IX. TO CREATE AN ENTIRELY NEW DIVISION 11. ENTITLED "MOBILE FOOD VENDORS" IN ORDER TO ESTABLISH LOCAL REGULATIONS FOR MOBILE FOOD VENDORS IN ACCORDANCE WITH CHAPTER 509, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION 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. Attorney Davis read Ordinance No. 07-21 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. 07-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 9. ORDINANCE 08-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY REVISING SECTION 78-399. MAINTENANCE. SUBSECTION (d) PESTICIDE MANAGEMENT, TO PROVIDE FOR UPDATED REFERENCE TO FLORIDA STATUTES GOVERNING SUCH PESTICIDE MANAGEMENT; 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 SEVERABIL/TY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read Ordinance No. 08-21 title into the record. The hearing was opened up for public comments. Mr. Bob Shaw of 198 Golf View prepared a summary of pesticide which was approved by the Environmental Advisory Committee and presented to Council for approval and distribution. He also wanted to revise paragraph two of the ordinance regarding weed control to site the act that was being referenced. Attorney Davis did not have issue with the change. The hearing was opened to the Council; there being no comments the hearing was closed. MOTION: Council Member Brandon made a motion to approve Ordinance No. 08-21 with the change suggest by Mr. Bob Shaw; Council Member Young seconded the motion. Carried unanimously 5-0. 10. ORDINANCE 10-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2-61. PENSION TRUST FUNDS, EXHIBIT B, PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, ADOPTING REVISIONS TO INCORPORATE PROVISIONS OF THE SETTLEMENT AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION CONCERNING THE POLICE OFFICERS' SHARE PLAN; AMENDING SECTION 28, "DEFINED CONTRIBUTION COMPONENT", PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read Ordinance No. 10-21 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: Council Member Brandon made a motion to approve Ordinance No. 10-21; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 11. Authorize Village Manager to Solicit Proposals for Corridor Project to Include US1, Tequesta Drive, Old Dixie, and Cypress Drive Mayor D'Ambra believed Community Development Director Nilsa Zacarias was qualified to handle this project and had previously presented a proposal which could move the process along and provided the outcome sought by Council. Council Member Young agreed with Mayor D'Ambra and wanted to know the timeline of an RFQ. Manage Allen explained it was approximately a 45 day time frame before anything could be presented to Council. He suggested a workshop be held in conjunction with the RFQ to secure a selection committee which would eliminate delays. Mr. Tom Bradford of 44 Chestnut Hill stated pricing was not allowed due to the Competitive Consultant Negotiation Act (CCNA). Attorney Davis clarified this was not a CCNA project and most RFP's and RFQ's do not include pricing. MOTION: Council Member Brandon made a motion to approve authorization of the Village Manager to solicit proposals for the US1, Tequesta Drive, Old Dixie and Cypress Drive corridor; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 12. Authorize Village Manager to Contract with Landscape Architect and Grant Writer to Apply for Matching Beautification Grant Manager Allen detailed the two pieces which included hiring a landscape architect for the US1 corridor, medians and right of ways and then the grant submission for a $40,000 match. Regardless of the Village decision to apply for the grant a landscape architect would be needed for plans to be submitted to Florida Department of Transportation for review and approval. Council discussed Village priorities and budgeting, what could be accomplished with inhouse landscaping at Village signs along US1, and the previous agenda items tie in. MOTION: Council Member Brandon made a motion to deny approval of contracting a landscape architect and grant writer; Council Member Prince seconded the motion. Carried 4-1 (opposed: Council Member D'Ambra). 13. Emergency Paid Sick Leave Act Council extended the Covid19 emergency sick leave act in December of 2020 after the State of Florida's emergency sick leave expired; with the vaccine now widely available, staff recommended an expiration of that program on July 3, 2021. MOTION: Vice -Mayor Stone made a motion to approve the expiration of the emergency paid sick leave act; Council Member Brandon seconded the motion. Carried unanimously 5-0. NEW BUSINESS 14. VAR 02-21: Application of My 3 Chicks Corporation, 235 S US Highway 1, Tequesta, FL 33469, for a Variance from the requirement of Sec. 78-298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 160 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property owner is RCMR JV LLC. This was a Quasi Judicial hearing, Attorney Davis swore in one person who would testify during the hearing. Council was asked about ex-parte communications; Council Member Brandon had communicated with the owner to confirm the date and time of the Council meeting, Mayor D'Ambra was a frequent customer and had communications on the new locations and Vice -Mayor Stone had driven by the new location. Community Development Director Nilsa Zacarias explained the need for the Variance to sell liquor. MOTION: Council Member Brandon made a motion to approve VAR 02-21; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 15. VAR 03-21: Application of Bagel Boyz Tequesta LLC, 377 Tequesta Drive, Tequesta, FL 33469, for a Variance from the requirement of Sec. 78-298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 940 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property owner is La Via Di Dio LLC. This was a Quasi Judicial hearing Attorney Davis swore in one person who would testify during the hearing. The owner of Bagel Boyz presented Council with information on the need for the variance, the restaurant design and September/October 2021 timeline. MOTION: Council Member Brandon made a motion to approve VAR 03-21; Council Member Prince seconded the motion. Carried unanimously 5-0. 16. ORDINANCE NO. 09-21, 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 1. GENERALLY. TO CREATE AN ENTIRELY NEW SECTION 78-308. ENTITLED "DOG -FRIENDLY DINING." IN ORDER TO ALLOW AND REGULATE DOGS WITHIN CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 78. ZONING. ARTICLE IX. DIVISION 1. 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. 09-21 title into the record. The hearing was opened up for public comments; no comments were made. The hearing was opened to the Council; Council felt this legally provided restaurants the ability to allow dogs at their establishments if they chose. MOTION: Council Member Prince made a motion to approve Ordinance No. 09-21; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. 17. Approve Award of Request for Proposals for Independent Auditing Services (RFP# FIN 01-21) to Mauldin & Jenkins LLC Mayor D'Ambra was concerned about additional charges if the Inspector General was to audit the Community Center separately and was interested in the detail of the ranking. Finance Director Hugh Dunkley believed, from his experience, that Mauldin & Jenkins would provide additional materials under the current contract costs. He also stated that all ranking information was available for public inspection. Council thanked Mr. Dunkley, the finance team and the audit committee for their hard work and efforts. MOTION: Council Member Prince made a motion (1) Accept recommendation of the Auditor Selection Committee and award contract for RFP # FIN01-21 (Independent Auditing Services) to the top -ranked proposer, Mauldin & Jenkins LLC (2) Authorize 18. execution of engagement letter with Mauldin & Jenkins LLC in substantially similar form as attached hereto; Council Member Brandon seconded the motion. Carried unanimously 5-0. Authorize Piggyback Contract and Purchase Order with Professional Piping Services, Inc for Pipeline Maintenance & Repair Services - Poly Pig Cleaning Mr. Hammond explained the service which was completed, provided photos and detailed the contract cost was below the budgeted cost. MOTION: Council Member Prince made a motion to authorize piggyback contract and associated purchase requisition with Professional Piping Services Inc for Poly Pig Cleaning; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 19. RESOLUTION NO. 28-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A CAPITAL ASSET POLICY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Dunkley explained capital assets made up 66% of the total assets of $43.7 millions and due to their importance, procedures needed to be in writing for those assets. He summarized the relationship with the Florida Government of Finance Officers Association helped design and review the resolution. MOTION: Vice -Mayor Stone made a motion to approve Resolution No. 28-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 20. RESOLUTION NO. 29-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS ADOPTED PROCEDURES FOR DISPOSING OF SURPLUS VILLAGE PROPERTY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Dunkley elaborated an update was needed to be aligned with the capital assets policy and State statute. This delegated authority to the Village Manager to dispose of surplus property. MOTION: Council Member Prince made a motion to approve Resolution No. 29-21; Council Member Young seconded the motion. Carried unanimously 5-0. 21. RESOLUTION 27-21, A RESOLUTION INCREASING THE FISCAL YEAR 2020-2021 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $50,000.00 TO FUND THE POLICE DEPARTMENT'S CORONA VIRUS EMERGENCY SUPPLEMENTAL FUNDING GRANT Chief Medina declared the need for the acceptance of the Covid grant that was obtained from the Florida Department of Law Enforcement. Vice -Mayor Stone inquired on the plans for the grant money. Chief Medina highlighted the need for a portable message board, updated technology in the briefing and conference rooms and the Police One Academy subscription. Mayor D'Ambra questioned the continuation of Zoom court appearances as Covid restrictions eased up. Chief Medina anticipated many of the virtual court appearances and Covid changes would continue as they were successful and created flexibility for officers. Vice -Mayor Stone inquired about police vehicles. Chief Medina expected the three approved vehicles any day and the older vehicles were coming to their end of use as well. MOTION: Council Member Prince made a motion to approve Resolution No. 27-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 22. Authorize Change Order No. 1 in the Amount of $160,711.35 with Hedrick Brothers Construction in Connection with Construction of the New Community Center Manager Allen explained the change order was due to increasing construction costs and generator design adjustments. The loan proceeds would cover this costs, but there was potential for future change orders depending on construction increases. Council Member Young questioned some of the fees on the change order. Mr. Doug Gordon of Hedrick Brothers Construction agreed the material escalation fee would need to be adjusted. He also explained the subcontractor default insurance which was in lieu of a payment performance bond to cover subcontractors. Council asked for a deductive change order at the next council for the fees. MOTION: Vice -Mayor Stone made a motion to approve change order number 1, with a deductive change order to be presented to Council at the next meeting; Council Member Brandon seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS There were none. ADJOURNMENT The meeting was adjourned at 8:01 PM. MOTION: Council Member Brandon made a motion to adjourn the meeting at 8:01 PM; Council Member Prince seconded the motion. Carried unanimously 5-0. Respectfully submitted, - V) &ZM 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.