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HomeMy WebLinkAboutMinutes_Regular_12/9/2021MINUTES 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. 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 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 11th through March 11th 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 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 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 31st 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 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. 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 111. 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 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. . 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 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, A ` 1 1 C',4L 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.