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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_1/13/2022Agenda Item #2. MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL NOVEMBER 15, 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, and Council Member Molly Young. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Brandon An invocation was offered by Council Member Brandon followed by the pledge of allegiance. APPROVAL OF AGENDA Item 22 was removed from the agenda. MOTION: Council Member Prince made a motion to approve the agenda; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Recognition of Eagle Scouts Patrick Conrad and Oleg Conrad Mayor Frank D'Ambra recognized Mr. Patrick Conrad and Mr. Oleg Conrad for their achievement of reaching the high rank of Eagle Scout, which only 60 percent of Scouts receive. He presented them with a certificate for their achievement. Mr. Patrick Conrad and Mr. Oleg Conrad thanked their parents and Council for the recognition. CONSENT AGENDA PIRggEft-b488 Agenda Item #2. MOTION: Council Member Young made a motion to approve the Consent Agenda with item 3.6 of the Consent Agenda moved with item 18 of the Regular Agenda; Council Member Brandon seconded the motion. Carried 5-0. 2. MINUTES: October 4, 2021 Workshop; October 14, 2021 Regular 3. 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. Al Certified Backflow Protection Estimate 23182-Public Works, $2,766.99. 2. Al Certified Backflow Protection Estimate 23322-Public Works, $1,400.00. 3. Al Certified Backflow Protection Estimate 23323-Public Works, $1,500.00. 4. AbleDocs, Inc. Quote 9282021-Public Works, $795.00. 5. ISCO Industries, Inc. Quotation and Credit Application -Utilities, $11,388.48. 6. Kimley-Horn Grant Preparation Work Authorization -Public Works, $15,000.00. 7. Kimley-Horn Road Assessment Work Authorization -Public Works, $18,750.00. 8. Life Scan Addendum B Renewal Agreement -Fire Department, $N/A. 9. Municode State Law Reference Review and Hyperlinking Agreement -Village Clerk, $3, 300.00. 10. TAW Periodic Maintenance Agreement -Public Works, $2,860.00. 4. Authorize Piggyback Contract and Purchase Order with Shrieve Chemical Company for Purchase of Bulk 93% Sulfuric Acid 5. RESOLUTION 53-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING THE SPENDING OF THE FISCAL YEAR 202112022 SPECIAL LAW ENFORCEMENT FUND #605 FUND BUDGET IN THE AMOUNT OF $3,371.00 TO FUND THE PURCHASE OF AXON TASER POWER MAGAZINES AND CARTRIDGES. 6. RESOLUTION 55-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE REVENUES AND EXPENDITURES IN THE GENERAL FUND 202112022 BUDGET BY $2,090.00 TO RECOGNIZE ADDITIONAL REVENUES FROM PALM BEACH COUNTY FOR MANATEE PATROL SERVICES END OF CONSENT AGENDA P1RggE92)fi488 Agenda Item #2. COMMUNICATIONS FROM CITIZENS Mr. Howard Taylor of 13 Chapel Court thanked Building Director Jose Rodriguez for his efforts in obtaining a scanner to store documents electronically. Miss Avery Bennett of 19267 West Indies Lane of Jupiter requested Council consider an entrance fee for resident only events as they live in an unincorporated area and would like to attend. Mr. Dylan Bennet of 19267 W. Indies Lane of Jupiter asked Council to reconsider the "No Fishing" signs on the Tequesta Drive bridge. Mrs. Kelly Bennett suggested a "No Littering" sign instead. COMMUNICATIONS FROM COUNCIL Council Member Prince agreed with allowing fishing from the bridge, but acknowledged the Council had came to the decision to not allow fishing due to littering. Council Member Brandon acknowledged and thanked the Veteran's that currently work for the Village of Tequesta. Mayor D'Ambra wished everyone a Happy Thanksgiving. STANDING REPORTS Village Attorney Village Attorney Keith Davis addressed a letter from the First Amendment Clinic of the University of Georgia in response to their critique of The Village's use of decorum during a particular meeting. He reviewed their letter, found it to be inaccurate, and submitted a response. He directed Council to reach out to him with any further questions. Village Manager Village Manager Jeremy Allen thanked everyone for their work and volunteering during the Tequesta Chili Cook -Off. He reported the Parks and Recreation department was hard at work finalizing Fall Festival for the coming weekend and the Christmas event, which would be open to the public on the first night in conjunction with the food truck event and the second night would be a residents only night. Village Manager Allen announced the hiring of Latoya Thompson as a part-time Code Compliance Officer. 7. November Manager's Report through October Police Department Assistant Chief of Police James McGrew offered Council an update on the past month's achievements, which included: October National Night Out parade, Chili Cook -Off, a Boys and Girl Club event in conjunction with Jupiter Island Police, training, and various fall events within the Pa@egW3)-b488 Agenda Item #2. community. He also announced the completion of Detective Luis Lopez probationary period and the start of Manatee season. Increased patrolling and education in the Inlet and Jupiter Narrows waterways would occur during Manatee season. He provided and updat on the Jupiter Narrows signage which was still being assessed by lawyers. Council Member Prince inquired about mailbox thefts within in the Village; Assistant Chief McGrew stated they had not received any calls pertaining to mailbox theft. Fire Department Fire Chief James Trube updated Council on his continued meetings regarding the US Highway One Bridge closure, his ability to attend the first in -person Fire Chief meeting, Fire Fest participation at Jonathan Dickinson State Park, National Night Out parade, and Operation Candy Toss on Halloween. He also highlighted Lieutenant McGovern's completion of the Managing Officer Program, Firefighter Sambelli's completion of the Paramedic course, and the success of the Chili Cook -off, which was the best event to date. UTILITIES Utilities Director Matt Hammond announced the internal promotion of Joseph DiNorcio to Water Distribution Foreman, a position vacated due to Mike Rowland's retirement. The Water Department had received the first installment of a grant related to storm water items and had completed an exercise in locating valves and entering them into the GIS system. 8. Utilities Monthly Dashboard REGULAR AGENDA 9. RESOLUTION 56-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 202112022 GENERAL FUND BUDGET; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Finance Director Hugh Dunkley expanded the Resolution was a housekeeping item to reflect grant revenue received. MOTION: Vice -Mayor Stone made a motion to approve Resolution 56-21; Council Member Prince seconded the motion. Carried unanimously 5-0. OLD BUSINESS 10. Approve 2021-2024 VOT11AFF Collective Bargaining Agreement Human Resources and Risk Management Director Merlene Reid announced an agreement between the IAFF and the Village of Tequesta was reached on October 25, 2021. The IAFF voted on the agreement which carried unanimously 18-0. She thanked the Tequesta Fire Agenda Item #2. Department, the IAFF negotiating team, Union Representatives, and the Village Staff for their hard work. Mrs. Reid highlighted key aspects of the three year agreement including the two percent increase each fiscal year and move of the Medic certification incentive pay into the base pay. Council thanked all of those involved for their hard work and flexibility. MOTION: Council Member Brandon made a motion to approve the 2021-2024 VOT/IAFF Collective Bargaining Agreement; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 11. Approve Inter -Local Agreement with Treasure Coast Planning Council to Provide a Public Design Charrette and Community Vision Master Plan Manager Allen explained the uniqueness of the area bounded by Martin County and highlighted the positive reviews from other communities regarding The Treasure Coast Planning Council. The amount for the Charrette was budgeted but ancillary charges were expected. Council Member Young was concerned with gaining public participation. Mr. Dana Little of The Treasure Coast Planning Council explained they would utilize many of the same elements as Community Development Director Nilsa Zacarias' team. They also set-up an onsite office with regular office hours for the public to visit and meet with representatives. Council Member Brandon was excited about the on -site open office for residents to have more accessibility to representatives. She also confirmed The Treasure Coast Planning Council's ability to follow the Sunshine Laws. Council Member Prince questioned the average percentage of changes and revisions implemented by communities through this process and the effectiveness of the Charrette. Mr. Little explained it varied. He elaborated the recommendations to implementation process would be seamless for the Village due to the area being reviewed and the partnership with the Community Development Director, Ms. Zacarias. He also stated the degree of implementation was incumbent on the Council. Mr. Bradford of 44 Chestnut Trail provided examples of implementation from the 1989 Tequesta Charrette, which included the redevelopment of the North side of Tequesta Drive and the area that became Paradise Park. MOTION: Vice -Mayor Stone made a motion to approve the inter -local agreement with Treasure Coast Planning Council; Council Member Brandon seconded the motion. Carried unanimously 5-0. Pa@eW5ofi488 Agenda Item #2. 12. ORDINANCE NO. 16-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 70. TAXATION. ARTICLE I. IN GENERAL. TO CREATE AN ENTIRELY NEW SECTION 70-1. ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS SIXTY-FIVE YEARS AND OLDER" TO AUTHORIZE AN ADDITIONAL HOMESTEAD TAX EXEMPTION FOR QUALIFYING SENIOR CITIZENS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED A CERTAIN AMOUNT; PROVIDING THAT THE VILLAGE CLERK SHALL DELIVER A COPY OF THIS ORDINANCE TO THE COUNTY BY THE REQUIRED DATE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70. TAXATION. 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 16-21 into the record. The hearing was opened for public comments; a resident in the audience thanked Council. The hearing was opened for Council comments; Council Member Brandon felt this was a great accomplishment. MOTION: Council Member Brandon made a motion to approve Ordinance No. 16-21; Council Member Young seconded the motion. Carried unanimously 5-0. 13. Tequesta Fire Rescue Requests that Council Approve the Attached Sutphen Proposal (Sourcewell Contract #022818 SUT) for a 2022 Sutphen Custom Pumper- G9 Body ($735, 830.00) and a 2022 Sutphen Custom Aerial Model SL75 ($1,129,758.00) (ADDITIONAL BACKUP TO FOLLOW) Chief Trube detailed current Fire Trucks were past their ten year life expectancy and urged Council to approve the new vehicles. He felt the trucks were needed to provide the best quality of service for residents. He also wanted to get ahead of build time due to supply chain issues being felt all over the Country and wanted to take advantage of lower interest rates. Council Member Young asked if a deposit was required. Manager Allen explained it was not, only a purchase order was needed to lock in the price quote. The vehicles would not be paid for until received. The item would be brought back to Council during the financing process to replenish the funds from the unassigned fund balance once the loan was received. Council Member Stone wanted to know if this was needed for excellent service. Chief Trube responded it was. MOTION: Council Member Prince made a motion to approve the purchase of a 2022 Sutphen Custom Pumper-G9 Body ($735,830.00) and a 2022 Sutphen Custom Aerial Agenda Item #2. Model SL75 ($1,129,758.00); Council Member Brandon seconded the motion. Carried unanimously 5-0. 14. RESOLUTION 54-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 202112022 GENERAL FUND BUDGET; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Manager Allen explained the budget amendment would show the expenditures and loan proceeds to be able to produce the purchase order. The interest rates for the loan would be locked in once the finance process started. Council Member Stone questioned if this could be self funded to secure the low interest rates. Finance Director Hugh Dunkley stated staff was working with the Hilltop Securities Financial Advisor on interest rates and payments should things in the market change dramatically. MOTION: Vice -Mayor Stone made a motion to approve Resolution 54-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. NEW BUSINESS 15. Approve Purchase of 2021 Ford Police Interceptor Utility Vehicle at $42,696.22 (Source Well Contract #2021 120716-NAF & 060920-NAF) State Bid as the Fire Chiefs Vehicle Chief Trube detailed the use of the current Chief's vehicle for the Fire Inspector and travel once the new vehicle was received. This was budgeted under the American Rescue Plan Act and was already built for a different Fire department in error. MOTION: Council Member Prince made a motion to approve the purchase of the Ford Police Interceptor Utility vehicle; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 16. RESOLUTION 52-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 202012021 BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $132,939.00 TO RECOGNIZE THE RECEIPT OF CORONA VIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) ACT FUNDS FROM PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor D'Ambra read Resolution 52-21 into the record. Mr. Dunkley stated this item recognized the first funds of federal release money distributed by Palm Beach County to the Village of Tequesta. Pa@egla4bfi488 Agenda Item #2. MOTION: Council Member Young made a motion to approve Resolution 52-21; Council Member Brandon seconded the motion. Carried unanimously 5-0. 17. Approve Donation Agreement Between the Village of Tequesta and Thomas Sblendorio for Crushed Rock Public Works Director Doug Chambers detailed the donation of shell rock from a resident. MOTION: Council Member Brandon made a motion to approve the donation of crushed rock; Council Member Prince seconded the motion. Carried unanimously 5-0. 18. Approve Wynn & Sons FY22 Road Improvements Item three sub section six from the Consent Agenda was added with this item for discussion. The item referenced the grant application preparation for the road improvement projects. Mr. Chambers presented information on the road and drainage improvements highlighting scenarios should the grant not be obtained. He brought Council's attention to the curb installation to help drainage, aprons to assists with road cracks, and core drilling to assist with the grant application approval and proper improvements. Public Works was also coordinating with Loxahatchee River District on drainage and pipes. Mayor D'Ambra inquired whether the total of the grant would fund the entire project. Mr. Chambers explained it would cover roads West of Country Club Drive. Council Member Young requested a map with the agenda item for clarity in the future. Council Member Brandon inquired on core sampling for Tequesta Pines. Mr. Chambers explained there are different issues between the two neighborhoods. Tequesta Pines failures were known where as they were unknown in the Country Club. Mr. Tom Bradford of 44 Chestnut Trail questioned if the Village could mill and resurface so that aprons were not misaligned. Mr. Chambers explained that would be accomplished with this project. MOTION: Council Member Bruce Prince made a motion to approve Item three sub section six from the Consent Agenda; Council Member Molly Young seconded the motion. Carried unanimously 5-0. MOTION: Vice -Mayor Stone made a motion to approve Wynn & Sons FY22 road improvements; Council Member Young seconded the motion. Carried unanimously 5-0. 19. Approve Wynn & Sons FY22 Sidewalk Improvements Agenda Item #2. Mr. Chambers continued with his presentation detailing the sidewalk improvements completed in 2021 and the scheduled improvements on the South side of Tequesta Drive between Seabrook and Venus Avenue for 2022. The width of the sidewalk was increasing from 4ft to 5ft and ADA mats would be installed on Seabrook Road. MOTION: Council Member Prince made a motion to approve Wynn & Sons FY22 sidewalk improvements; Council Member Young seconded the motion. Carried unanimously 5-0. 20. Approve Trane Air Conditioning Repair and Maintenance Agreement Extension Mr. Chambers stated the 2018 agreement was set to expire and the extension would go through 2024. He also noted once the Community Center was completed the contract would need to be amended to include that facility. Staff had taken on maintenance rolls to reduce the contract cost which had increased slightly from 2018. MOTION: Council Member Prince made a motion to approve the Trane A/C repair and maintenance agreement extension; Council Member Brandon seconded the motion. Carried unanimously 5-0. 21. Approve Service Agreement with American Concessions Inc. in the Amount of $48,800.00 for Fall Festival 2021 Two -Day Event. Mr. Greg Corbitt detailed the agreement to provide games and rides for the Fall Festival. MOTION: Council Member Prince made a motion to approve the agreement with American Concessions Inc.; Council Member Young seconded the motion. Carried unanimously 5-0. 22. Approval to Award Contract for the Subject Invitation Bid for Community Center Furniture to Cl South Florida, LLC This item was pulled from the agenda. 23. Authorize Piggyback Contract and Work Authorization with Florida Design Drilling for Floridan Well Rehabilitation Utilities Director Matt Hammond introduced the contract to rehab three of the upper Floridan Aquifer wells which provided 76% of ground water withdrawal. He acknowledged the contract had come in under budget, but felt the contract estimates were conservative. MOTION: Council Member Prince made a motion to authorize piggyback contract and Work Authorization with Florida Design Drillingfor Floridan Well Rehabilitation; Council Member Brandon seconded the motion. Carried unanimously 5-0. Agenda Item #2. 24. Approve Work Authorization HCE U22.01 — Water Main Replacement Program — Jupiter -in -the -Pines (South) - Professional Engineering Services — Holtz Consulting Engineers Mr. Hammond explained the work authorization was for design and a subsequent work authorization would include bidding and construction. MOTION: Council Member Prince made a motion to approve Work Authorization HCE U22.01 with Holtz Consulting Engineers in the amount of $167,320; Council Member Brandon seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member Brandon summarized the last Environmental Advisory Committee meeting focused on Ms. Zacarais presentation on the parks master plan. Vice -Mayor Stone suggested a workshop on retail for restaurants. He also requested to postpone the November 29th workshop to December 13th. Council agreed on the revised workshop date. Mayor D'Ambra recapped the Palm Beach County Legislative Delegation meeting he attended with Manager Allen. He announced they were asked to join the Annexation committee. ADJOURNMENT The meeting was adjourned at 8:01 PM. MOTION: Council Member Prince made a motion to adjourn the meeting; Council Member Brandon 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. PRggel TGbfi488 Agenda Item #2. (Draft] MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL DECEMBER 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 Deputy Clerk Mary Ann Grieser. Present were: Mayor Frank D'Ambra, Vice -Mayor Kyle Stone, Council Member Molly Young, Council Member Bruce Prince. Absent were: Council Member Laurie Brandon INVOCATION AND PLEDGE OF ALLEGIANCE - Vice -Mayor Kyle Stone An invocation was offered by Pastor Paul Beresford followed by the pledge of allegiance led by Vice -Mayor Kyle Stone. APPROVAL OF AGENDA MOTION: Council Member Young made a motion to approve the agenda; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). PRESENTATION 1. Chili Cook -Off Check Presentation Chief James Trube introduced Lieutenant David McGovern, who organized the event, to present the results and funds raised during the 10th Annual Chili Cook -off. The five charities included Operation 300, Wounded Veterans Relief Fund, Honor Flights of Southeast Florida, Renewal Coalition, and Tequesta Friends of Public Safety. He thanked the 35 teams, 3,500 in attendance, 165 volunteers, committee members, sponsors and donors for all of their hard work in making the event the most successful one to date. A video was shown highlighting service members and the reason for the cook -off. Agenda Item #2. (Draft) Lieutenant McGovern announced the event raised $110,500, nearly doubling what was raised during the previous event, and bringing the ten year total to over $426,000. Members of the five charities spoke thanking Lieutenant McGovern and all those who helped make the event a huge success. Mayor D'Ambra praised Lieutenant McGovern for his dedication and passion. 2. Presentation of the Village's Finances for the Fiscal Year Ended September 30, 2021 Finance Director Hugh Dunkley presented the operating results of the fiscal year 2021, ending on September 30, 2021, in accordance with Article three of the Village Charter. He explained they were un-audited numbers. He provided detail on the multiple funds that make up the Government Funds, including the General, Building, Capital Improvements, Capital Projects and Special Law Enforcement funds; and the Enterprise Funds, which included Water Utility, Stormwater, and Refuse and Recylcing funds. He further noted the General Fund is the Village's primary operating fund and was mainly funded from property, franchise, utility and intergovernmental taxes. Mr. Dunkley highlighted the positive budget variance due to property, infrastructure and a half cent sales tax. All Village departments were within budget with the Fire Department slightly over budget due to extra expenditures, but the excess contribution made into the pension plan resulted in a positive budget. He also highlighted the unassigned funds were $3 Million, which was an increase from $1.9 Million in the previous year, and provided a positive position to meet the three month or 25% funding goal for the fund balance. Council Member Young questioned if more thought was given to the policy of a three month reserve. Manager Allen explained it was scheduled for a future workshop. Vice -Mayor Stone was happy to see the budget moving in a positive direction. Mayor D'Ambra inquired if there would be any issues with the Building Fund and restrictions on how the money was spent. Manager Allen elaborated there was four years to use the funds before needing to refund the developers and they would advise Council if that was a concern. Council Member Young asked if there was anything that would still need to be processed and Mr. Dunkley was confident they had accounted for everything with only the November approval of the fire truck loan proceeds outstanding. MOTION: N/A 3. Legislative Presentation - Public Affairs Consultants Agenda Item #2. (Draft) Erin Ballas, Vice President of Public Affairs Consultants presented information regarding the previous years legislative session and the upcoming legislative session. In 2021 there were over 3,000 bills filed, over 2,000 amendments, and over 3,000 votes taken. They had 39 floor sessions and 275 bills passed bother the House and Senate Chambers and went to the Governor for signatures. There was a special session in November to specifically address COVID mandates and those bills passed. The 2022 legislative session would run from January 11 th through March 11 th and was expected to end on time as Representatives are unable to fundraise while in session. 2,000 bills had been filed. COVID issues along with supply chain shortages, produce shipping delays and worker shortages were expected to be hot topics. Home rule issue was also expected to be popular. Mrs. Ballas highlighted SB 620 and HB529 as ones to watch. These were identical bills and addressed a business owners ability to recover loss of business damages from a County or Municipality whose regulatory actions caused a significant impact on the business. She also drew attention to SB 280 as it could have a large impact on local government. It was a priority of the sitting Senate President and she expected there to be many amendments made to the bill. The bill addressed Florida law allowing the awarding of attorney fees to the prevailing party challenging an ordinance adopted or enforced by a local government that was expressly preempted by the Florida Constitution or State law. HB515 and SB886 would address charging customers outside of the municipal boundaries the same rate as within the municipal boundaries. She also highlighted the redistricting of Florida boundaries. The Senate had released their proposed map, the House had not. HB3309 was the Tequesta Park budget request submitted by Representative Joe Casello of Boyton Beach and sponsored by Senator Bobby Powell. Mrs. Ballas was confident the request would be approved as it was not a reoccurring request and Tequesta was responsible for the maintenance of the park. Vice- Mayor Stone asked about enclaves, Mrs. Ballas said it was something she would keep an eye on. Council Member Prince asked about the separation from OSHA and Mrs. Ballas explained it was in response to federal vaccinations being regulated by OSHA. CONSENT AGENDA Agenda Item #2. (Draft) MOTION: Council Member Young made a motion to approve the Consent Agenda; Vice -Mayor Stone seconded the motion. Carried unanimously, 4-0. 4. MINUTES: 1111121 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. American Water Chemicals, Inc. Quotation 21-03-600 / Utilities Dept., $16,000.00. 6. Approve Personnel Policy Addition - Passwords 3.8a END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Young acknowledged Fire Captain Gary Harris, Firefighter Adam Evans and Firefighter Zach Wichert for changing a residents smoke alarm batteries. The resident was very appreciative. Vice -Mayor Stone announced the ShopVOT event was taking place. Mayor D'Ambra thanked Public Works for the beautiful Christmas decorations in the Village. STANDING REPORTS Village Attorney Village Attorney Davis requested Council's permission to work with the manager on the Village's participation in the settlement agreement for the national opiod litigation started by the States Attorney Generals. He explained the Village could be eligible for proceeds as a non -litigating municipality and would need to sign a participation agreement. The Manager would be able to sign with the consensus of the Council and a resolution was not needed. Attorney Davis anticipated a settlement amount of approximately $82,000 paid out over 18 years with restrictions on how the funds could be spent. He provided examples of addiction treatment initiatives or law enforcement drug prevention. By participating in the agreement the Village waved rights to independent litigation. Council agreed to allow Attorney Davis and Manager Allen to work on the lawsuit agreement. Village Manager Agenda Item #2. (Draft) Manager Allen thanked staff for the success of the holiday event at Constitution park and announced the Santa Ride on December 24th. He expected the Recreation Center to be completed mid February and announced the Charter Review Board was on schedule to provide their recommendations in February as well. He updated Council on the Jupiter Narrows as the No Wake Zone was not approved in the courts. Council Member Young requested a notes column on the expenditure report to explain the variances. Mayor D'Ambra asked about the technicality on the Jupiter Narrows. Manager Allen explained an administrative code was not followed by the Florida Fish and Wildlife Conservation Commission (FWC) which was why it wasn't approved. There was not a plan to move it forward at this time. Mr. Thomas Bradford of 44 Chestnut Trail explained his understanding of the denial of Jupiter Narrows no wake zone was due to the definition of congestion which was not addressed in the rule. 7. December Manager's Report through November Police Department Chief Medina offered Council an update on the past month's meetings and events attended by the department. He provided statistic on traffic stops, marine stops, and emergency calls. He also announced training for new officers including report writing and speed measurements, an FBI executive leadership course attended by Sergeant Kurt Blanc, and the start of the Police One Academy training which began with a course on situational awareness. Fire Department Fire Chief Trube updated Council on their monthly meetings and community events. One Firefighter completed Firefighter II training and two completed the Firefighter III training. The department completed training at the new Palm Beach Gardens facility and expected that to be a quarterly event. Three trucks would be participating in the upcoming Jupiter Tequesta Athletic Association's (JTAA) Holiday parade and he was monitoring the Covid Omicron variant. Chief Trube announced the retirement of Captain Dan Tilles on December 31, 2021. A Last Call and Flag Ceremony would be done on December 31 st at 7:30am which Council was invited to. UTILITIES Utilities Director Matt Hammond announce Dig Safe First was in the field locating underground utilities on the North end of Country Club Drive for the water main replacement project, a conclusion of a storm water pipeline replacement, and the beginning of the Florida well rehab project. He also detailed an acquisition of two easements in Jupiter Hill for the well replacement Agenda Item #2. (Draft) project and the issuance of a draft permit for industrial waste with the final permit expected in 30 days. Mayor D'Ambra inquired about the minimal increase in revenue on the revenue chart despite new meters and a rate increase. Mr. Hammond explained the year over year for November is much higher and expects to see a substantial increase every month moving forward. 8. Utilities Monthly Dashboard REGULAR AGENDA OLD BUSINESS There was none. NEW BUSINESS 9. Request for a Time Extension from KEY ESTATES TEQUESTA SR HOUSING LP per Sec. 78-334 (h) Community Development Director Nilsa Zacarias explained the history of the project. It was approved in 2016 for an assisted living facility, but the land had contamination of arsenic and petroleum that needed to be rectified before building. The additional reason for the request was due to COVID travel restrictions as the developer was located in Italy. Mr. George Gentile of 2GHO was representing the developer. He provided a letter from Palm Beach County Environmental Resource Management stating the petroleum leak and clean-up remediation, which was ongoing for years, was satisfied. He stated all soil in Florida contained some levels of arsenic and the paving would remediate and control the arsenic levels in the soil. Vice -Mayor Stone asked about any litigations. The developer, Mr. Thomas Faure Romanelli, explained a breech of contract lawsuit with a potential investor who went bankrupt. The suit was dismissed last week. Vice -Mayor Stone asked if any construction dates had been finalized and if there was an operator. Mr. Faure Romanelli hoped to have dates by the end of the first quarter and the original operator was still being used. Council Member Young requested annual reporting for the development order. Ms. Zacarias explained the development order for the special exemption use depended on contamination levels and had not been received. Mr. Gentile submitted a letter certifying the completion of the contamination level. Mayor D'Ambra was concerned with the project moving forward as it was enthusiastically approved six years ago and was still incomplete. He did not want to approve another extension. Village Attorney Davis advised Council only one extension could be granted under the current Village code. Agenda Item #2. (Draft) MOTION: Vice -Mayor Stone made a motion to approve a time extension for Key Estates Tequesta Senior Housing; Council Member Prince seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 10. Request from KEY ESTATES TEQUESTA SR HOUSING LP to waive fees for a Development Order Time Extension. The request to waive fees was a tie vote, no action was taken. MOTION: Vice -Mayor Stone made a motion to approve the waiving of fees for the time extension; Council Member Prince seconded the motion. DEFEATED. 2-2 (opposed: Council Member D'Ambra and Council Member Young) (absent: Council Member Brandon). 11. ORDINANCE NO. 17-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 7. HOME OCCUPATIONS. TO REVISE APPLICABLE HOME OCCUPATION REGULATIONS IN ACCORDANCE WITH RECENT CHANGES IN STATE LAW; ALSO AMENDING CHAPTER 78. ARTICLE IX. SECTION 78-294. NUISANCES. TO PROVIDE STANDARDS FOR ALL USES IN ANY ZONING DISTRICT; FURTHER AMENDING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT ARTICLE III. DIVISION 2. SECTION 46-71. DEFINITIONS. TO AMEND THE DEFINITION OF "COMMERCIAL VEHICLES" TO INCLUDE HEAVY EQUIPMENT AND MACHINERY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. AND CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. 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. Village Attorney Davis read Ordinance 17-21 into the record. This was the first reading. Attorney Davis detailed the ordinance would bring the Village into compliance with new state law from the 2021 legislative session. It allowed the Village to collect a business tax for home occupations but did not allow the Village to require a second home occupation permit. Regulations for home occupations could not be more restrictive than normal businesses. He further stated it allowed for two employees who do not reside at the residence and the Village was allowed to do annual code and fire inspections. Mayor D'Ambra opened the hearing for public comments. Mr. Tom Bradford of 44 Chestnut Trail questioned if the Village could still have the business tax receipts. Attorney Davis confirmed the Village could. Mayor D'Ambra opened the hearing for Council comments. Vice -Mayor Stone inquired on how to identify a home business. Attorney Davis responded the business was still obligated to submit a business tax receipt and the Village could still regulate code violations including parking and signage. Mayor D'Ambra questioned the penalties for not properly Pa@egi4bfi488 Agenda Item #2. (Draft) registering a business. Attorney Davis acknowledged the penalty by State law for improper registration. Council agreed an execution plan and education process was needed for this new ordinance. They would address is at a future workshop before second reading. MOTION: Vice -Mayor Stone made a motion to approve Ordinance No. 17-21; Council Member Prince seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 12. Authorization to Piggyback off of the State Contract for Community Center Furniture in the Amount of $37,406.19 Parks and Recreation Director Greg Corbitt highlighted the eight week post approval timeline for furniture delivery. He stated current furniture would be used should they experience any shipping and supply chain setbacks. MOTION: Vice -Mayor Stone made a motion to approve the State contract for Community Center furniture; Council Member Prince seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 13. Approve Contract Award - Reject Disposal Main Temporary Relocation — Hinterland Group Utilities Director Matt Hammond announced a single bid was received and included a $10,000 contingency. The work was set to start in January 2022 and was required as part of the US1 bridge replacement project. MOTION: Council Member Prince made a motion to approve contract award with Hinterland Group for Reject Disposal Main Temporary Relocation; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 14. Approve Temporary Construction and Access Easement and Maintenance Agreement with Royal Tequesta, LLC Mr. Hammond detailed the property line between the Royal Tequesta property and the Village's water treatment plant. The developers needed access to the Village property for a temporary construction easement and a slight modification to the retaining wall. Royal Tequesta agreed to maintain the slope in perpetuity. The agreement was prepared by Attorney Davis's office and signed by Royal Tequesta. Council discussed drainage issues it could cause. Mr. Hammond explained no changes would occur and the water plant was protected. . Agenda Item #2. (Draft) Mr. Tom Bradford of 44 Chestnut Trail asked to verify the future homeowner's association (HOA) would take over maintenance of the wall. Council and Attorney Davis discussed the HOA takeover time frame and handover. Attorney Davis felt confident it was covered. MOTION: Council Member Prince made a motion to approve temporary construction and access easement and maintenance agreement with Royal Tequesta, LLC.; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 15. Authorize Florida Sheriff's Bid Piggyback Contract and Purchase Order with Bozard Ford for a 2021 Ford Escape Plug-in Hybrid Mr. Hammond stated the vehicle would be used to collect distribution samples within the Village and the department needed a more functional vehicle with storage. This was a budgeted item. MOTION: Council Member Young made a motion to authorize piggyback contract and associated purchase requisition with Bozard Ford for a 2021 Ford Escape Plug-in Hybrid; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 16. RESOLUTION NO. 57-21, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) STATE REVOLVING FUND (SRF) AND FORMAL ADOPTION OF THE VILLAGE WATER FACILITY PLAN FOR THE IMPLEMENTATION OF WATER SYSTEM IMPROVEMENTS; DESIGNATING THE VILLAGE MANAGER AS THE AUTHORIZED REPRESENTATIVE TO PROVIDE ASSURANCES AND COMMITMENTS AS REQUIRED BY THE FACILITY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO REPRESENT THE VILLAGE IN CARRYING OUT THE VILLAGE'S RESPONSIBILITIES UNDER THE FACILITY PLAN AND TO DELEGATE RESPONSIBILITY TO APPROPRIATE VILLAGE STAFF TO CARRY OUT ACTIVITIES ASSOCIATED WITH THE FACILITY PLAN; AND AUTHORIZING THE MAYOR TO EXECUTE THE FACILITY PLAN; PROVIDING LEGAL AUTHORITY TO ADOPT, A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Hammond announced a facility plan and adoption would complete the request for inclusion in the Florida Department of Environmental Protection (FDEP) application process for the February 2022 meeting. MOTION: Council Member Young made a motion to approve Resolution No. 57-21; Council Member Prince seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). ANY OTHER MATTERS Agenda Item #2. (Draft) Council Member Prince was concerned with some overgrown trees encroaching into the roadways and inquired if it was the Village or homeowner's responsibility. Manager Allen asked for the address and would have it looked into, but stated typically it was the homeowner's responsibility. Council Member Young requested a substantial completion update on the Recreation Center. ADJOURNMENT The meeting was adjourned at 8:42 PM. MOTION: Council Member Young made a motion to adjourn the meeting; Council Member Prince 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. PlRggE2TGbfi4S8 Agenda Item #2. (Draft] MINUTES WORKSHOP MEETING VILLAGE OF TEQUESTA, FL DECEMBER 13, 2021 6:00 PM VILLAGE HALL CONFERENCE ROOM 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 Deputy Clerk Mary Ann Grieser. Present were: Mayor Frank D'Ambra, Council Member Molly Young, Council Member Laurie Brandon. Absent were: Vice -Mayor Kyle Stone, Council Member Bruce Prince. MOTION: Council Member Young made a motion to approve the agenda; seconded by Council Member Brandon. Carried 3-0. ( Absent: Vice Mayor Stone and Council Member Prince) AGENDA ITEMS 1. Strategic Plan Quarterly Update Village Manager Jeremy Allen listed the initiatives within the Strategic Plan. Included were: grants, proposed unassigned fund balance of 25%, increased communication and transparency, infrastructure, alternative transportation, underground utilities, long term building maintenance, economic development, Charter Review track, infrastructure (roads), bridge closing communications, opening of Village Recreation Center, Village parks survey, Magic of Tequesta, quiet train zones, Tequesta Country Club tree enhancement program, International Council for Local Environmental Initiatives (ICLEI) carbon footprint tracking, and water system upgrade details. Remembrance Park grant monies were very specific in how the funds could be used. The Village could not have two grants outstanding at the same time. and the current grant did not expire until April of 2023. Council suggested looking at different methods of printing Smoke Signals and asked for data on how many people opened the digital option. Agenda Item #2. (Draft) 2. Council Member Young asked that budgets and projected costs be included in the agenda memos for all departments. New sidewalks within the Capital Improvement Plan were discussed. Mobility and transportation were discussed and Council believed they could do a trial during special events. Underground utilities pricing was estimated to be around $20 million dollars. It was recommended to report any and all outages in order for FPL to maintain its database of problematic areas. Mr. Tom Bradford of 44 Chestnut Trail, addressed Council and opined that underground utilities could be done one neighborhood at a time without taking out a loan. Non ad valorum assessments could be used to pay for the project. Mayor D'Ambra volunteered to write a piece of annexation legislation that would better serve the Village by presenting a redefinition of enclaves, and removing the county from the process of annexing an enclave. Council Member Brandon requested the annexation language be shared with the Manager and Council. The business liaison position was discussed and Council believed a yearly re-evaluation should be part of the plan. Currently, the point person with the Florida Department of Transportation (FDOT) would be Public Works Director Chambers, who would then communicate to the Village Clerk and Business Liaison. Council Member Brandon asked that any meetings regarding the bridge reconstruction be short, clear and available online. Manager Allen informed Council that the Village legal team advised the host committee to have no more than one member from each existing board. Mr. Tom Bradford of 44 Chestnut Trail asked about board members being part of the charrette process. Manager Allen felt there was no problem with attending. Council asked that the host committee applicants be in attendance at the next Council meeting. Quiet zones were mentioned and Mr. Chambers would find out when the Village could apply for the designation. Mayor D'Ambra asked that the shade tree initiative include the entire Village area. Council Member Brandon asked that boaters be provided information on how to traverse the waters surrounding the US Highway One bridge construction. Discuss Terms of Amendment to Emergency Services Agreement For Mutual Aid Assistance with Palm Beach County Fire Rescue Agenda Item #2. (Draft) Manager Allen provided a proposed amendment to the current Mutual Aid agreement. Council Member Young questioned the calculating factors that were applied to the new amendment. She asked if current economic factors were considered when coming up with the new numbers. Manager Allen stated that depreciation of vehicles was now included. Inflation was discussed and the Consumer Price Index (CPI) was mentioned as a possible factor in the calculation of rates. Manager Allen believed a conversation could be had regarding the expansion of service areas. 3. Discussion on Revised Purchasing Policy Finance Director Hugh Dunkley offered an explanation to Council on the revisions to the Village purchasing policy. Changes included: a local vendor preference program, a bid protest procedure, clarification on authority to approve change orders, suspension or reinstatement of vendors and a cone of silence. Additionally, it was explained that purchase orders were triggered by purchases over $10,000 dollars. Local businesses were defined as those that had a valid business tax receipt within one year of the request for proposal. Local businesses would be able to submit a best and final offer per this policy. Council would like to further discuss the possible projects that could be used from the savings associated with Paradise Park. ADJOURNMENT The meeting was adjourned at 7:50 PM. MOTION: Council Member Brandon made a motion to adjourn the meeting; Council Member Young seconded the motion. Carried unanimously 3-0 (absent: Council Member Prince and Vice - Mayor Stone). 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. • " ,Sat e; � : S