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HomeMy WebLinkAboutMinutes_Regular_9/9/2021MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 9, 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 Bruce Prince, Council Member Molly Young. Absent were: Council Member Laurie Brandon. INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor D'Ambra An invocation was offered by Pastor Brian Sullivan of Cross Point Church followed by the pledge of allegiance led by Mayor D'Ambra. APPROVAL OF AGENDA Mayor D'Ambra announced the removal of item 18 from the agenda as the cost was being absorbed by the contingency fund. He also announced the Supervisor of Elections, Wendy Link, was unable to attend due to a training in Tallahassee. MOTION: Council Member Prince made a motion for approval of the agenda; Council Member Young seconded the motion. Carried unanimously 4-0. PRESENTATIONS 1. Proclamation Proclaiming September 17 - 23, 2021 as Constitution Week in the Village of Tequesta Village Clerk Lori McWilliams read the proclamation into the record. Constitution Week Chairman Susan Earle of the Daughters of the American Revolution accepted the proclamation and thanked Council for the recognition. 2. Presentation by Supervisor of Elections Wendy Link Regarding Canvassing Board and Run-off Elections The Supervisor of Elections Wendy Link was unable to attend due to a training in Tallahassee. CONSENT AGENDA MOTION: Council Member Young made a motion to approve the consent agenda; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 3. MINUTES: August 2, 2021 Workshop, August 12, 2021 Regular and August 17, 2021 Budget 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. Capitol Carpet and Tile Agreement -Public Works, $2,877.70 (The Capitol Carpet and Tile Agreement is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 2. Inland Grading, Inc. Proposal 21111-Utilities, $15,615.00 (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). 3. Jones Edmunds & Associates Work Authorization JESTW21.01-Utilities, $24,925.00, (The Jones Edmunds & Associates Work Authorization is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 4. Kimley Horn Work Authorization Tequesta Bridge Underwater Inspection Services -Public Works, $4,800.00 (The Kimley Horn Work Authorization is on file in the Public Works Department for review. Please contact Janet McCorkle at 561- 768-0482 to view the file). 5. Munyan Painting & Restoration Contract -Utilities, $10,729.00 (The Kimley Horn Work Authorization is on file in the Utilities Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 6. Palm Beach Gardens Fire Rescue Hold Harmless Agreement -Fire Department, $N/A (The Palm Beach Gardens Fire Rescue Hold Harmless Agreement is in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 7. Transportation Control Systems Quote 15483-Public Works, $140.00 (The Transportation Control Systems Quote is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 8. Verizon GPS Service Order Contract -Public Works, $130.00 (The Verizon GPS Service Order Contract is on file in the Public Works Department for review. Please contact Janet McCorkle at 561-768-0482 to view the file). 9. Zoll Monitor Maintenance Agreement -Fire Department, $3,847.50, (The Zoll Monitor Maintenance Agreement is on file in the Fire Department for review. Please contact Tessa McKay at 561-768-0559 to view the file). 5. RESOLUTION 40-21: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 202012021 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $12,102.00 TO RECOGNIZE EMS GRANT FUNDS FROM PALM BEACH COUNTY TO REIMBURSE THE VILLAGE FOR ITS PURCHASE OF ONE SIMULAIDS SMART STAT TRAINING SIMULATOR; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 6. RESOLUTION NO. 41-211 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE BASED COMPENSATION AMOUNT FOR THE VILLAGE MANAGER FOR FISCAL YEAR 21122 IN ACCORDANCE WITH SECTION S.F. OF THE EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA EFFECTIVE JULY 1, 2019; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 7. RESOLUTION NO. 42-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN A FIRST AMENDMENT TO VILLAGE OF TEQUESTA VILLAGE MANAGER EMPLOYMENT AGREEMENT, MEMORIALIZING VILLAGE COUNCIL ACTION TO INCREASE BASE SALARY AND VEHICLE ALLOWANCE BENEFIT, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. 8. RESOLUTION NO. 43-21, 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 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Beth Dellinger of 104 W. Beverly Road in Jupiter asked council to pass a municipal tax amendment for low income seniors who make less than $31,000 per year. She stated this would help 73 Village of Tequesta senior citizens. Mark Sapirie of Yacht Club Place requested the Village move the ARPA funds from a Business Liaison position to storm water resilience. He wanted to make clear that his calculation of $444,320 over three years was correct. He also wanted to note that the $150,000 of funding over three years may be ineligible under ARPA funding. COMMUNICATIONS FROM COUNCIL Council Member Young announced the balance of her discretionary funds went towards two benches in front of Tequesta Park for students waiting for the school bus. Mayor D'Ambra announced the 20th Anniversary of September 11th program hosted by the Tequesta Fire Department and the Tequesta Police Department. STANDING REPORTS Village Attorney Village Attorney Davis announced County level movement to create an independent Fire Control District was not moving forward for the upcoming legislative session. He expected them to reorganize and try again the following year. Village Manager Manager Allen announced the October 16th Shred -It and Coffee with a Cop event. He also updated Council on the Recreation Center; it was over 50% completed and trending toward a February completion. 9. Manager's Report Through August Police Department Police Chief Gus Medina updated Council on the monthly statistic and trainings. He reminded Council that the Police Department was still doing drive by Birthday celebrations, which they started during Covid. Chief Medina also announced the Blue Magazine article featuring Pastor Paul Beresford and the mental health program they implemented. The Police accreditation process was on track for a late April completion and he was sworn in as the Vice President of the Palm Beach County Association of Police Chiefs. Chief Medina also recognized Officer Jheri-Lynn Palmeri for her off duty work providing dinner to a Village non-profit business, Hannah's Home. She was also forging a mentoring relationship with one of the residents. Chief Medina stated new officers recognize the supportive environment of the Village. Fire Department Fire Chief James Trube announced the Fire Chiefs Association meetings had returned to zoom due to Covid and detailed a meeting with Martin County and Jupiter concerning the US1 Bridge construction. Chief Trube was thankful for a partnership with Palm Beach Gardens, Palm Beach County, and North Palm Beach to use a new training facility located in Palm Beach Gardens. This would be closer and provide excellent training opportunities. He highlighted the CPR instructor course completion for Tessa McKay and Medical Billing training for Elizabeth Spring. Chief Trube announced the 20th Anniversary of September 11th Tribute would be held on Saturday in the Council Chambers followed by a ceremony outside at the Village 9/11 Memorial. He also announced Fire Prevention Week was Oct 3rd - 9th. UTILITIES Water Utilities Superintendent David Tinoco announced the completion of the degasifier cleaning, which created a reduced demand for chlorine. He highlighted the Upper East Coast Water Supply meeting and the gained insights into water management, as well as, the wrap up of the 2020/2021 Fiscal Year projects. 10. Utilities Monthly Dashboard REGULAR AGENDA OLD BUSINESS 11. RESOLUTION NO 47-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING A REVISED PRELIMINARY TEQUESTA PARK CONCEPTUAL MASTER PLAN; DIRECTING THE VILLAGE MANAGER TO PROVIDE SAID PRELIMINARY CONCEPTUAL MASTER PLAN TO THE STATE OF FLORIDA THROUGH THE VILLAGE'S STATE REPRESENTATIVE AND SENATOR FOR LEGISLATIVE FUNDING AND/OR GRANT APPLICATION PURPOSES; DELEGATING AUTHORITY TO THE VILLAGE MANAGER TO AUTHORIZE CERTAIN REVISIONS TO SAID PRELIMINARY CONCEPTUAL MASTER PLAN WHICH DO NOT CHANGE THE OVERALL SUBSTANCE OR INTENT THEREOF AS STATED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Attorney Davis read Resolution No. 47-21 title into the record. Council Member Young was no longer in favor of the Resolution. She felt there were too many unknowns and was concerned with the RV tourism language. Mayor D'Ambra didn't feel the unknowns would impact receiving money from the state as most pertained to Village details and not State criteria for the money. He was confident concerns would be addressed as public forums were held. Vice -Mayor Stone felt moving forward was the right thing to do knowing that it could be declined if granted to the Village. Council Member Prince acknowledged there was time to go through the details of the plan. He explained resident input would be vital and the presentation to the State was the preliminary process. Mr. Mark Sapirie of Yacht Club Place spoke in opposition of the park and described it as a waste of time. He demanded alternative usage be sought. Mrs. Marcia Nielsen of 94 Beechwood Trail referenced the ordinance where it was noted staff had prepared the preliminary conceptual plan. She requested more public input as the only input received so far was limited to the repeat few that attended Council meetings and those parties were against the plan. She questioned who designed the plan. Mr. Stephen Smith of 354 S. Cypress Drive thought improvements were a good idea but, the sports complex or stadium concept was not. He stated sports attendees would not patronize local businesses and the complex was a tragedy to the natural ecosystem. Ms. Melissa Corichi of Shady Place was opposed to the plan and concerned about the environment. Mr. Jack Sandquist of 301 Fairway Drive was not in favor of the park plan and the amount of fertilizer that would be used at a sports complex. Mrs. Pat Watkins of 167 River Drive detailed the issue with Tequesta Park continued to be the Martin County location and Village role in maintenance. She felt the concept had many unknowns and requested public input to further grasp what residents wanted. MOTION: Vice -Mayor Stone made a motion to remove the RV language and approve Resolution 47-21; Council Member Prince seconded the motion. Carried 3-1 (opposed: Council Member Young) (absent: Council Member Brandon). NEW BUSINESS 12. ORDINANCE NO. 14-21, 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 2-232, TO REVISE THE COMPOSITION OF THE VILLAGE'S CANVASSING BOARD, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO DELETE OBSOLETE TEXT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION 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. 14-21 title into the record. Attorney Davis detailed the change in composition of the canvasing board. The board was currently compromised of the Village Clerk, a Council Member who was not running, and the Supervisor of Elections. The first option was having the Village Clerk perform the responsibilities which would require 5 to 10 days at the elections office in addition to election and post election obligations. Staff recommended the second option of using the Palm Beach County created canvasing board which consisted of the Supervisor of Elections, the Mayor of The Board of County Commission or their designee, and a Circuit Court Judge. The hearing was opened up for public comments; no comments were made. The hearing was opened to the Council; Council was concerned with relinquishing control of the election. Village Clerk McWilliams explained this was at the request of the Supervisor of Elections as a result of issues from another municipalities election. Many other municipalities had changed their ordinances to meet the request of a single canvasing board and the Clerk would continue handling all other duties, but not be there on election night. Clerk McWilliams recommended a one year trial and also noted candidates had the ability to attend canvasing on election nights. Council asked what the options were should they not approve the Ordinance. Clerk McWilliams stated the canvasing board would continue without the Supervisor of Elections and a Council Member and Community Member would need to be appointed to the board. Attorney Davis explained the Ordinance would need to be rewritten and staff would need to be at the Supervisor of Elections office for many days prior to the election, which was something staff had not done before. MOTION: Council Member Prince made a motion to approve Ordinance No. 14-21; Vice - Mayor Stone seconded the motion. Carried 3-1 (opposed: Council Member Young) (absent: Council Member Brandon). 13. ORDINANCE NO. 15-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 66. SUBDIVISIONS. ARTICLE VI. IMPROVEMENTS. SECTION 66-366. SIDEWALKS AND CROSSWALKS. AND AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. TO PROVIDE FOR REDUCTIONS TO MINIMUM SIDEWALK WIDTH IN CERTAIN CIRCUMSTANCES, WHILE MAINTAINING CONFORMANCE WITH APPLICABLE ACCESSIBILITY CODE REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 66. SUBDIVISIONS. AND 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. 14-21 title into the record. Manager Allen explained the ordinance provided flexibility for sidewalk construction while remaining ADA (American Disabilities Act) compliant. The hearing was opened up for public comments; no comments were made. The hearing was opened to the Council; Council agreed on the flexibility for sidewalk construction. MOTION: Council Member Prince made a motion to approve Ordinance No. 15-21; Council Member Young seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 14. RESOLUTION NO. 44-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE WRITE-OFF OF UNCOLLECTABLE EMS TRANSPORT AND ANNUAL FIRE INSPECTION ACCOUNTS AS IDENTIFIED IN THE ATTACHED "EXHIBIT A" AND "B", AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Chief Trube detailed $73,324.41 of unpaid fees that was requested to be written off. $666.42 was fire inspection fees from businesses that had moved or were no longer in business; the remaining balance was rescue transport fees that were uncollectible due to patients being deceased, indigent or in collections. He noted one was a Village employee. Manager Allen informed Council past administrations had written off employee fees without approval and the authority to write off the fees lied with Council. Council discussed waiving employee fees and would continue those discussion at a future workshop. Vice -Mayor Stone would seek payments from Josco Bar and Oven and John M. Severson and were removed from the write off list. Council also removed the Village employee from the write off list. MOTION: Vice -Mayor Stone made a motion to remove Josco Bar and Oven, John M. Severson, and the Village employee and approve Resolution No. 44-21; Council Member Young seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 15. RESOLUTION 45-21: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF A TEQUESTA FIRE RESCUE MASTER FEE SCHEDULE AS IDENTIFIED IN THE ATTACHED "EXHIBIT A" AND SUPERSEDING THE ATTACHED "EXHIBIT B" RESOLUTIONS 72- 05/06 AND "EXHIBIT C" RESOLUTION 29-20, AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor D'Ambra read the title into record. Chief Trube disclosed Resolution 45-21 would replace Resolution 72-05/06 and Resolution 29-20, and create greater transparency. He stated the fees were unchanged and this established a master fee schedule. Section 1 B was the only addition, though these special detail fees were already in use. He requested the removal of Section 3, as that was supposed to be an Exhibit. MOTION: Council Member Young made a motion to approve Resolution 45-21 sections 1 and 2 and moving section 3 to an exhibit; Council Member Prince seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 16. RESOLUTION NO. 46-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE PURCHASE OF BUILDERS RISK INSURANCE FROM CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON IN CONNECTION WITH THE CONSTRUCTION OF THE COMMUNITY CENTER AT CONSTITUTION PARK, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Manager Allen and staff recommended the Loyd's of London insurance plan which provided flood insurance. Council Member Young questioned the earthquake coverage and asked if Hedrick Brothers could carry the insurance. Manager Allen would look into the earthquake coverage and seek a credit. He also stated Hedrick Brothers provided a quote but it did not provide flood insurance. MOTION: Council Member Young made a motion to approve Resolution No. 46-21; Vice - Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 17. Approval of Contract with AVI-SPL to Install Two Electronic Conference Rooms for the Police Department Chief Medina highlighted the install was at no cost to the Village and would be purchased through the Covid grant. MOTION: Council Member Prince made a motion to approve the contract with AVI-SPL; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 18. Authorize Additional Change Orders in the Amount of $2,852.73 with Hedrick Brothers Construction in Connection with Construction of the New Community Center Removed from the agenda. 19. Approve Donation Agreement for Banyan Tree Maintenance Public Works Director Doug Chambers highlighted the generous donation from Village resident Paul Whitman of Bay Harbor and Point Drive. After a visit to the Banyan Tree with his granddaughter he decided to donate $10,000 for the maintenance of the Banyan Tree. An Arborist was brought in each year to maintain the tree and the balance of his donation would go to the next years maintenance. Mayor Frank D'Ambra offered a donation of discretionary funds to install a dedication bench by the tree as a thank you to Mr. Whitman. MOTION: Council Member Prince made a motion to approve the donation agreement for the Banyan Tree maintenance; Council Member Young seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 20. Approve Paradise Park Lease Agreement Extension through November 30, 2021 Attorney Davis detailed the agreement extension until November 30, 2021, the elimination of the first right of refusal clause and updated addresses. MOTION: Council Member Young made a motion to approve Paradise Park Lease Agreement; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). ANY OTHER MATTERS Mayor D'Ambra detailed discussions with the owner of Paradise Park and their desire for the park to be obtained by the Village. The owner was willing to extend the lease further for the Village to seek a grant to purchase the property. Vice -Mayor Stone and Council Member Young did not see a need to pursue the park purchase further. Mayor D'Ambra suggested including it into the public input sessions when those were scheduled for Tequesta Park. Manager Allen announced a Master Park Plan was in development and Paradise Park could be included in that. Vice -Mayor Stone encouraged staff to plan a National Night out and Food Truck event. Council Member Young asked to add Vacation Rentals, the Senior Tax Exemption, and Carbon Dividend to a future workshops. Manager Allen noted staff was working on a Senior Tax Exemption Resolution for the next Council meeting. ADJOURNMENT MOTION: Vice -Mayor Stone made a motion to adjourn the meeting at 7:53 p.m.; Council Member Young seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 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.