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HomeMy WebLinkAboutMinutes_Regular_7/8/2021MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JULY 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 6:00 p.m. A roll call was taken by Village Intern Eli Kauffman. 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 - Vice -Mayor Stone An invocation was offered by Pastor Paul Beresford followed by the pledge of allegiance led by Vice -Mayor Stone. APPROVAL OF AGENDA MOTION: Council Member Prince made a motion to approve the agenda. Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Legislative Update - Senator Bobby Powell Florida State Senator Bobby Powell presented a review on the 2021 Legislative. Before his presentation he commented on the road work Council had discussed and recommended the Village apply for State funding of infrastructure and road work as there was potential money available. Senator Powell highlighted the legislative process within the Florida House and Florida Senate explaining the bill slots and sponsorships. He further explained his role as the 2021-2022 Chairman of the Florida Black Caucus, the Senate Democratic Leader Pro- Tempore and his committee assignments. The major session issues were HB-1 to combat public disorder and rioting, SB-90 voter restrictions, HB-7051 police reform and minimum standards for law enforcement, SB-54 motor vehicle no fault insurance which was vetoed by Governor Ron DeSantis, and local government preemptions pertaining to code enforcement, fuel retailers, preemption of occupational licenses and impact fees. Senator Powell also highlighted his legislative initiatives and the 2021 budget which was $9.3 billion larger than the prior years. He ended the presentation by encouraging the Village to place appropriation requests immediately before the next session begins. Mayor D'Ambra briefly discussed annexation, Tequesta Park appropriation requests and was looking forward to their meeting. Council thanked Senator Powell and his staff for the presentation. 2. Letter of Endorsement Request for Loxa-Lucie Preservation Initiative - Geraldine Genco Dube Council agreed to have the request reviewed by the Environmental Advisory Committee for recommendations on the endorsement. 3. Tequesta Country Club Community Association Petition for Road Milling and Paving A statement from the Tequesta Country Club Homeowners Association was read into the record by Mayor D'Ambra. The letter requested priority of road milling and paving. Copies of the petition were distributed to Council. Mayor D'Ambra explained there was a plan to address roadways over a set period of time. CERTIFICATE PRESENTATION: Council Member Young was presented with a Certificate for her completion of the Institute for Elected Officials academic program by Clerk McWilliams. This program helped newly elected officials meet the requirements of their role. The course provided an overview of Florida municipal governments structure and function, council member techniques, taxes and revenues, intergovernmental relations, and ethics and open government laws. Council Member Young was thankful for the recognition. CONSENT AGENDA MOTION: Council Member Brandon made a motion to approve the consent agenda; Council Member Young seconded the motion. Carried unanimously 5-0. 4. MINUTES: May 13, 2021 Regular, May 24, 2021 Special, June 1, 2021 Workshop; June 10, 2021 Regular; and June 23, 2021 Workshop 5. 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. Capitol Carpet & Tile And Window Fashions Agreement -Public Works, $1,072.08 (The Capitol Carpet & Tile And Window Fashions Agreement is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 2. Jupiter Plumbing Services Proposal 65188-Public Works, $1,338.93, (The Jupiter Plumbing Services Proposal is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 3. Jupiter Plumbing Services Proposal 65223-Public Works, $426.28, (The Jupiter Plumbing Services Proposal is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 4. Jupiter Plumbing Services Proposal 65228-Public Works, $297.71, (The Jupiter Plumbing Services Proposal is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 5. Palm Beach County Florida Department of Health Memorandum of Agreement for Support Services for Emergency Distribution of Strategic National Stockpile; See agreement for details. (The Palm Beach County Florida Department of Health Memorandum of Agreement is on file in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 6. Palm Beach County EMS Grant Interlocal Agreement -Fire Department; See agreement for details, (The Palm Beach County EMS Grant Interlocal Agreement is on file in the Fire Department for review. Please contact Tessa McKay at 561-768- 0559 to view the file). 7. Steve Thompson Homes, Inc. and Village of Tequesta Donation Agreement - Police Department, See agreement for details, (The Steve Thompson Homes, Inc. Donation Agreement is on file in the Police Department for review. Please contact Amber Krauss at 561-768-0505 to view the file). 8. Wolverine Roofing LLC Proposal -Public Works, $1,650.00, (The Wolverine Roofing Proposal is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 6. Approve Change Order #1 - Beach Road Water Main Replacement -Phase 1 - Johnson -Davis 7. Approve Change Order #1 - Beach Road Water Main Replacement -Phase 1 - Kimley Horn 8. Approve Change Order #1- Stormwater Collection System Rehabilitation Services - Hinterland Group END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Prince questioned why the Village Manager's annual review was removed from the agenda. He wanted to confirm Council was not in violation of the contract by delaying the review. Mayor D'Ambra explained the agenda was lengthy and it was decided to delay the review until August. It was confirmed by the Village Attorney to not be in violation of the contract. STANDING REPORTS Village Attorney No report. Village Manager Manager Allen and Public Works Director Doug Chambers addressed resident concerns with the Tequesta Country Club roads. Manager Allen reviewed the twenty year road improvement program and explained the Tequesta Country Club was a more intense project. Engineering analysis of their roads was planned with roadwork starting after the analysis. Mr. Chambers detailed the application of a Block Grant for two million dollars to address the wide variety of issues in both the Tequesta Country Club and Tequesta Pines communities. He highlighted how important it was to address all issues and not just the paving of roads. Council Member Brandon questioned if the roads could be done in sections, wanted Council to be involved to hold all entities working on the road to a high standard, and the yearly re- evaluation of roads so those with the largest needs were addressed first. Mr. Chambers explained the grant would allow the roads to be completed in their entirety otherwise it was scheduled in sections. He also stated that the Village was managing the project to maintain high standards and confirmed there would be a yearly re-evaluation of roads to address the ones with the highest needs first. He also detailed the partnership with utilities to address underground needs as well. Vice -Mayor Stone clarified the $150,000 cost per mile for the 23.5 miles of Village maintained roads was only for milling and paving. Mr. Chambers confirmed and stated budgets would need to be increased for additional work. Grant applications was an integral part to mitigate the increased budget. Council Member Prince inquired whether additional funding by the Village would help with the grant process. Mr. Chambers confirmed it was beneficial. The max funding the Village was eligible for was five million dollars and was awarded on a competitive scale. Police Department Chief Medina discussed department events and trainings. He recognized the Citizens on Patrol (COP) volunteers for their continued support, as well as Detective Mike Loney and K9 Officer Erik for their partnership with the Drug Enforcement Agency (DEA). Fire Department Chief Trube discussed department events and trainings. He detailed the departments support with the Champlain Tower South emergency response search and recovery efforts in Surfside, FL. There were seven Tequesta Firefighters who volunteered to work the 12 hour shifts aiding in the recovery efforts. Mental health and peer support was offered to all who had participated in the response. Chief Trube also provided a letter, written by Lieutenant David McGovern, detailing the condo collapse site. UTILITIES Mr. Hammond discussed the Loxahatchee Preservation Initiative meeting, the backflow device testing letters that were mailed and the completion of the well water pigging project. Vice -Mayor Stone questioned the chloride levels in the monitoring wells. Mr. Hammond explained he had reviewed them and was not something to be alarmed with at this point. It was being monitored on a continual basis. Mayor D'Ambra asked for an update on the Dover Rd. ditch project. Mr. Hammond detailed meetings with contractors and budgetary numbers were provided for staff to finalize a remediation agreement. REGULAR AGENDA Mayor D'Ambra moved item number 15 of the agenda after item number 20. OLD BUSINESS 9. ORDINANCE NO. 09-21, 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 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 Amity Barnard 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; there being no comments the hearing was closed. MOTION: Council Member Prince made a motion to approve Ordinance No. 09-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 10. RESOLUTION NO. 35-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR THE ANNUAL BOARDS AND COMMITTEE APPOINTMENTS AND REAPPOINTMENTS (GENERAL EMPLOYEE PENSION BOARD AND PUBLIC SAFETY PENSION BOARD) Clerk McWilliams detailed two openings on the public safety pension board. One was the regular member seat and the other being a fifth seat appointed by the regular members. She also detailed the general employee pension board opening. There were two applicants for the general employee pension board; Mr. Rick Sartory, a new resident of the Village with prior experience with the Tequesta Business Association and Palm Beach Sheriffs office, and Ms. Julie Mitchell, also a new Village resident and employee of the Town of Jupiter. Mayor D'Ambra asked if the applicants were open to serving on the public safety board. Both were willing to serve in either capacity. MOTION: Council Member Brandon made a motion to approve Mr. Rick Sartory for the public safety pension board and Ms. Julie Mitchell for the general employee pension board; Council Member Young seconded the motion. Carried unanimously 5-0. NEW BUSINESS 11. ORDINANCE NO. 11-21, 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 Xl. SIGNS. SEC. 78- 742. EXEMPTIONS. TO REVISE REGULATIONS FOR SANDWICH BOARD PLACEMENT, 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. Attorney Barnard read Ordinance No. 11-21 title into the record. The hearing was opened up for public comments; no comments were made. The hearing was opened to the Council. Council Member Young inquired about aesthetic requirements for the sandwich board signs. Attorney Barnard and Community Development Director Nilsa Zacarias explained the current code and requirements. They also explained this ordinance dealt primarily with location. The hearing was closed to Council. MOTION: Council Member Prince made a motion to approve Ordinance 11-21; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 12. ORDINANCE NO. 12-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TE-QUESTA, FLORIDA, AMENDING THE VILLAGE CHARTER AT ARTICLE It. SECTION 2.02. TO ADJUST THE DATES FOR QUALIFYING FOR MU-NICIPAL ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS Attorney Barnard read Ordinance No. 12-21 title into the record. Clerk McWilliams explained the Palm Beach County Municipal Clerks had been asked by the Supervisor of Elections to change qualifying dates to meet statutory vote by mail requirements. Clerk McWilliams recommended the qualifying period of noon on the first Tuesday of November through noon on the third Tuesday of November. 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 Prince made a motion to approve Ordinance No. 12-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 13. ORDINANCE NO. 13-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2-233 AND 2-271 TO ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO DELETE OBSOLETE TEXT Attorney Barnard read Ordinance No. 13-21 title into the record. Clerk McWilliams added the ordinance will clean up election dates to the third Tuesday of March to coincide with Presidential Primary Elections avoiding back to back elections. The hearing was opened 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. 13-21; Council Member Young seconded the motion. Carried unanimously 5-0. 14. RESOLUTION NO. 32-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2022 Finance Director Hugh Dunkley elaborated on the tax increase of 3.5%. The last increase was in 2016. Council Member Prince questioned if adjustments were made for Waste Managements inability to pickup trash on designated days. Manager Allen would review and discuss issues with Waste Management. Council further discussed rate increases and fund balances. MOTION: Council Member Prince made a motion to approve Resolution No. 32-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 15. RESOLUTION 33-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 202012021 CAPITAL IMPROVEMENT FUND AND CAPITAL PROJECTS FUND BUDGETS BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $196,000.00 TO RECOGNIZE AN INTER -FUND TRANSFER FROM THE CAPITAL IMPROVEMENT FUND TO THE CAPITAL PROJECTS FUND This item was moved after item number 20 on the agenda. Mayor D'Ambra read the title into record. Mr. Dunkley explained there was a capital improvement fund balance of $300,000 and the transfer of $196,000 to the capital projects fund would offset and balance the approved change orders from item number 20. The capital improvement funds were not earmarked for a particular project and were able to be transferred. MOTION: Council Member Brandon made a motion to approve amending the Fiscal Year 2020/2021 Capital Improvement Fund and Capital Projects Fund Budgets by increasing revenues and expenditures in the amount of $196,000.00 to recognize an inter -fund transfer from the Capital Improvement Fund to the Capital Projects Fund; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 16. RESOLUTION 30-21, A RESOLUTION INCREASING THE FISCAL YEAR 2020-2021 STORMWATER FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $30,000.00 TO RECOGNIZE A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Mr. Hammond stated the resolution recognized revenue within the enterprise fund. MOTION: Council Member Prince made a motion to approve Resolution 30-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 17. RESOLUTION NO. 31-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUES TA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2022 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Mr. Hammond detailed funding from the ad valorem taxes and grants. He provided a presentation explaining expenses, revenue breakdown and rates. He further described the capital needs including pipe lining and repairs, stormwater repairs and improvements, and sidewalk projects which depleted fund reserves. A revised schedule of fees and increase of 10% for fiscal year 2022 was presented to achieve goals and remain competitive to other communities. Council was concerned with rate increases as they strived to keep costs down. They also wanted to avoid yearly increases. It was explained that grants were actively being researched to avoid further increases and this was a surface tax and not a usage tax. A lively discussion ensued. MOTION: Council Member Brandon made a motion to approve Resolution 31-21; Vice - Mayor Stone seconded the motion. Carried 3-2 (opposed: Council Member Prince and Council Member Young). 18. Approve Work Authorization HCE-UTL21.02 — State Revolving Fund Loan Assistance — Holtz Consulting Engineers Mr. Hammond explained the loan interest rate was less than one percent and was a discounted rate, it was tied to an index and fluctuates. MOTION: Council Member Young made a motion to approve Work Authorization HCE- UTI-21.02 with Holtz Consulting Engineers in the amount of $48,020.00; Council Member Brandon seconded the motion. Carried unanimously 5-0. 19. Approve Work Authorization with Wynn & Sons Environmental Construction for Stormwater Road Repairs MOTION: Vice -Mayor Stone made a motion to approve work authorization and associated purchase requisition with Wynn & Sons Environmental Construction for stormwater road repair; Council Member Brandon seconded the motion. Carried unanimously 5-0. 20. Authorize Additional Change Orders in the Amount of $100,847.01 with Hedrick Brothers Construction in Connection with Construction of the New Community Center. Council Member Young questioned the contingencies of the contractors. Manager Allen discussed the contingencies with Attorney Davis and it was concluded that the contractor had ultimate authority on contingency usage. MOTION: Council Member Prince made a motion to approve additional change orders with Hedrick Brothers Construction; Council Member Brandon seconded the motion. Carried unanimously 5-0. 21. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 202112022 at a Rate of 6.6290 Mills per $1,000.00 of Assessed Value and Setting the Budget Public Hearings as Follows: September 8, 2021— 5:30 p.m. - Approve Tentative Budget; and September 16, 2021 - 5:30 p.m. - Approve Final Budget MOTION: Council Member Brandon made a motion to approve setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2021/2022; Council Member Young seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member Prince inquired on the rail road track property status. Manager Allen explained landscaping would be done on that parcel of land when the Old Dixie landscape project was approved. Council Member Young asked for an update on the cell tower. Manager Allen, Public Works Director Doug Chamber and Building Director Jose Rodriguez had met with the group and discussed concerns. They were updating plans and were willing to work with the Village to meet all code requirements, but were resolute on the location. Mayor D'Ambra looked for an update on the Paradise Park appraisal. Manager Allen would follow up on a date and announced a meeting with the Treasure Coast Planning Council on July 9, 2021. ADJOURNMENT The meeting was adjourned at 8:41 PM. MOTION: Council Member Brandon made a motion to adjourn the meeting; Council Member Prince seconded the motion. Carried unanimously 5-0. Respectfully submitted, � �► A lll 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.