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HomeMy WebLinkAboutMinutes_Regular_1/13/2022MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JANUARY 13, 2022 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Frank D'Ambra III 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 Bruce Prince An invocation was offered by Pastor Paul Beresford followed by the pledge of allegiance led by Council Member Bruce Prince. APPROVAL OF AGENDA MOTION: Council Member Prince made a motion for approval of the agenda; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. PRESENTATION Proclamation Proclaiming January 23 - 29, 2022 as School Choice Week in the Village of Tequesta The recipient of the proclamation was unable to attend and the proclamation was mailed to them. CONSENT AGENDA MOTION: Council Member Prince made a motion to approve the Consent Agenda with Council Member Youngs request to pull item 3B from the Consent Agenda and moved with item 13 of the Regular Agenda; Council Member Young seconded the motion. Carried unanimously 5-0. 2. MINUTES:11/15/21 Regular, 1219121 Regular, and 12113121 Workshop 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.) A. Civic Plus ChatBot Module Agreement -Village Clerk, $2,018.99 First Year; $2,549.25 Year 2; and 3% increase each year thereafter. B. Easy Vote Software Agreement, EST-000645-Village Clerk, $1,250.00 ($1,000.00 Annual Fee and a $250.00 one time implementation and training fee. Item 313 was moved to the Regular Agenda and discussed with item 13. 4. Ministerial Appointment of Peter Allen to the Public Safety Pension Board as Appointed 5th Member by the Trustees - Term Expires February 5, 2024 5. SE 01-22, Special event permit application by Tequesta Brewery LLC for an annual anniversary party on January 15, 2022 from 3:00 p.m. - 11:00 p.m. 6. RESOLUTION 02-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING AND ADOPTING REVISED PURCHASING POLICIES AND PROCEDURES, PROVIDING GUIDANCE AND INSTRUCTION FOR STAFF; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Ms. Annette Kravick of 250 Beach Road, Unit 508 addressed Council regarding the Seaglass developers and their potential purchase of more condos to demolish and build along Jupiter Island. She provided a handout to Council detailing rumors and concerns the residents had. She requested the Council stop the development of Jupiter Island. COMMUNICATIONS FROM COUNCIL Council Member Brandon wished everyone a Happy New Year and thanked the Utilities Department, Water, and Public Works staff for their dedication. Mayor D'Ambra was excited for the Recreation Center completion and thanked the Police Department for recently helping his wife recover a lost phone. STANDING REPORTS Village Attorney Attorney Keith Davis did not have anything to report, but was humbled to be in the presence of three former Mayors who were in attendance. Village Manager Manager Jeremy Allen announced the upcoming completion of the sidewalk projects and the start of the yearly road improvement projects. He was looking forward to the start of the Resident's Academy in February and the beginning of core sampling in Tequesta Country Club. Manager Allen updated Council on Brightline, they would be running qualifying runs on the new tracks starting January 17th. Schedules would be distributed via social media, the website, and emails as they were obtained. Mayor D'Ambra inquired on the railroad bridge construction completion. An update had not been provided to the Manager and he would look into getting one. 7. Monthly Manager's Report Police Department Assistant Police Chief James McGrew offered Council an update on the past month's meetings and events attended by the department. The Police Department participated in the Jupiter Tequesta Atheltic Association (JTAA) Christmas Parade as well as the Village of Tequesta Santa Ride. He provided statistic on traffic stops, marine stops, and emergency calls. He also detailed the LGBTQ and Finance training that officers attended. Fire Department Fire Chief Trube updated Council on their monthly meetings and training. He detailed the successful training at Palm Beach State College which involved live fire training, force -able entry, and search and rescue. The Fire Department welcomed a new Fire Fighter, Kayla Atkinson and had a retirement send off for Captain Dan Tilles. Fire Fighter Ray Giblin was promoted to Captain and there were two candidates attending the five-day Lieutenant training. The Fire Department also participated in the JTAA Christmas Parade and the Village Santa Ride. Chief Trube concluded with a Covid19 Omicron variant update and stated his office was busy monitoring the infection rates. UTILITIES Utilities Director Matt Hammond announced a new hire, Carmen Bratu and the retirement of Alan Gibbs. The water department was hiring for multiple positions. The Utilities Department had completed the package for the Florida Department of Environmental Protection (FDEP) revolving fund loan program and was awaiting a response. Council Member Brandon was concerned with storm drains and asked if they were being cleaned. Mr. Hammond explained the basins were routinely cleaned and were monitored after rain storms. The pipes and inside basins were cleaned on a semi -regular schedule and as needed. Mayor D'Ambra asked how the job applicants and hiring was in light of the national worker shortage. Mr. Hammond explained they were seeing less applicants as compared to two years ago, but they had several resumes and interviews scheduled and hoped to find a qualified candidate. 8. Utilities Monthly Dashboard REGULAR AGENDA OLD BUSINESS 9. ORDINANCE NO. 17-21, SECOND 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 Ill. 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 SEVERAWLITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into record. Council Member Young asked that guidelines for the implementation of Ordinances be discussed at a future workshop. MOTION: Council Member Prince made a motion to approve Ordiance No. 17-21; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. NEW BUSINESS 10. Review Applications and Appoint Members to the Community Vision and Master Plan Charrette Host Committee Applicant's were asked to introduce themselves to Council. Mr. James Hackett, Ms. Alex Cotleur, and Ms. Anne Marie Embick were not in attendance. Ms. Liz Schauer stated she was a former Village of Tequesta Mayor and Council Member and current Planning and Zoning Board Member. She had participated in a Charette for the Village in the 1980's. Ms. Victoria Schparber announced she was a new business owner in Tequesta, taking over Rinaldi's Deli, and was excited to get involved in the Village. Mr. Patrick Painter was a newer member of the community with Charette experience as a Real Estate Attorney. He had past experience in design and was looking forward to being involved in the community. Mr. Painter was also participating in the Village Residents Academy. Mr. Jay Taranello had a background in design and as a General Contractor and was looking for ways to be more involved in the Village. Council Member Brandon wanted to confirm all applicant's would be available each week. They all confirmed they would be. Council discussed the approval of the applicants, they agreed to approve all applicants with the exception of Mr. Hackett. Mr. Hackett served on the Planning and Zoning Board with Ms. Schauer and two members could not serve together on both boards. Council felt Ms. Schauer's experience would be a better asset for the Charette. MOTION: Council Member Brandon made a motion to approve all applicants except Mr. James Hackett; Council Member Young seconded the motion. Carried unanimously 5-0. 11. SPR 01-21: Application from MASTROIANNI FAMILY HEADQUARTERS LLC for a site plan review to build a four (4) story, 33,274 sq. ft. office building. The application includes a landscaping plan, one (1) monument sign, and other site improvements. The address of the property is 691 N US Highway 1, Tequesta, Florida 33469. Attorney Davis announced SPR 1-21 was a Quasi -Judicial matter and placed six individuals under oath. Council Member Prince declared a voting conflict and was exempt from the discussion and voting. Community Development Director Nilsa Zacarias detailed the application which included a monument sign, landscaping, and that the special exception use approved by the Planning and Zoning Board during their November 2021 meeting. She highlighted two conditions of approval recommended by Planning and Zoning and agreed upon by the developer: 1. the project was limited to 14,342 square feet of gross leasable area with any modification requiring and application and 2. that efficient parking of 3,300 gross leaseable area of professional office space needed to be required. Mr. George Gentile of G20 offered a presentation which detailed the four story building, the car room, first level parking and utilization of the sloped land. He explained the 10 foot easement to the East was retained and the building was moved forward toward US1 to provide additional space in the rear of the building. Council Member Young inquired if the flat roof would be an additional amenity, if the cars would be visible at night, and wanted to confirm they would meet Fire Codes. She also requested an awning be added to the West elevation to dress up the building and was concerned with future parking. Mr. Gentile explained there was a small terrace on the fourth floor and that cars would not be viewable due to the hurricane windows. He also confirmed all Fire Codes would be met. Vice -Mayor Stone was also concerned that all codes were met. Ms. Zacarias explained that Building, Fire, Police, and Engineering have all reviewed the project and codes were met. Council Member Brandon appreciated the partnership with the Village to make the requested changes to the design. MOTION: Vice -Mayor Stone made a motion to approve SPR 01-21 with the two conditions from the Planning and Zoning Board; Council Member Young seconded the motion. Carried unanimously 4-0 (conflict of interest: Council Member Prince). 12. SPR 01-21: Replat for the MASTROIANNI FAMILY HEADQUARTERS LLC - 691 N US Highway 1, Tequesta FL 33469 Attorney Davis announced SPR 1-21 was a Quasi -Judicial matter and placed six individuals under oath. Council Member Prince declared a voting conflict and was exempt from the discussion and voting. Council Member Young confirmed the alley way was moving back to it's original position. Mr. Gentile explained it was very close. Vice -Mayor Stone asked if there was parking in the alley. Mr. Gentile stated there was not. Mr. Gentile also offered Council an update on the Rail Road Bridge construction as a Chairman of the Jupiter Inlet District . He stated a bastille section was delayed until April and freight train testing would take four to six weeks. The overall completion was expected to be another year or longer. MOTION: Council Member Young made a motion to approve SPR 01-21 replat; Council Member Brandon seconded the motion. Carried unanimously 4-0 (conflict of interest: Council Member Prince). 13. ORDINANCE NO. 01-22, 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, DIVISION 1. GENERALLY, BY CREATING AN ENTIRELY NEW SECTION 2-234 ENTITLED "ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS" TO REQUIRE AND PROVIDE PROCEDURES FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WITH THE VILLAGE CLERK Village Attorney Davis read Ordinance 01-22 into the record. This was the first reading. Village Clerk Lori McWilliams explained the ordinance would allow the Village to utilize electronic filing of campaign finance reports and candidate eligibility reports per Florida Statute. Mayor D'Ambra asked if many municipalities had already taken this step, Clerk McWilliams confirmed they had. Clerk McWilliams also confirmed the Clerk's office would be available for questions from candidates, that candidates would still need to get physical signatures for their petitions, and that the electronic filing would time stamp the filing reports. MOTION: Council Member Young made a motion to approve Ordinance No. 01-22; Council Member Brandon seconded the motion. Carried unanimously 5-0. Item 3B from the Consent Agenda was discussed. This item was the software agreement for electronic filing. MOTION: Council Member Young made a motion to approve the software agreement, - Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 14. RESOLUTION 01-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING AND INCREASING THE FISCAL YEAR 202112022 GENERAL FUND BUDGET BY $55,710.00, THE FISCAL YEAR 202112022 CAPITAL PROJECTS FUND BUDGET BY $2,358,638.00, THE FISCAL YEAR 202112022 WATER FUND BUDGET BY $566, 796.00, THE FISCAL YEAR 202112022 STORM WATER FUND BUDGET BY $47,352.00 AND THE FISCAL YEAR 202112022 SPECIAL LAW ENFORCEMENT TRUST FUND BUDGET BY $12,250.00 Finance Director Hugh Dunkley provided further explanation of the unencumbered funds moving from fiscal year 2021 to fiscal year 2022 were primarily from the Recreation Center construction. MOTION: Council Member Young made a motion to approve Resolution 01-22, Council Member Brandon seconded the motion. Carried unanimously 5-0. 15. Approve Fleet Maintenance Services Contract with Tequesta Tire Company, Inc. Public Works Director Doug Chambers highlighted the convenient location of Tequesta Tire and their ability to provide quick service. MOTION: Council Member Brandon made a motion to award the Fleet Maintenance Services Contract to Tequesta Tire Company Incorporated; Council Member Young seconded the motion. Carried unanimously 5-0. 16. Accept Water Treatment Plant Process Efficiency and Automation & Water Distribution System Studies Utilities Director Matt Hammond provided a presentation highlighting the details of the water pipes efficiencies. The evaluation of the water pipes was based on the following criteria: water flow, fire flow goals and cost. The results showed some pipe sizes could be reduced while others needed to be increased. A visual map illustrating the areas needing an increased pipe size and decreased pipe size was shown to Council. Council Member Young inquired about looping. Mr. Hammond stated two areas, Tequesta Gardens and Pine Tree Drive, were identified for loops. Mr. Hammond clarified fire flow goals was not meant to imply those areas were not providing protection. It was used as a criteria for a perfect scenario. All pipes were performing well and providing accurate flow and support. Vice -Mayor Stone confirmed this was part of the planned water main replacement project. Mr. Hammond confirmed it was. This was part of the 10 year plan presented in April and provided a clear picture to speed up the process to complete the project earlier. Council Member Brandon asked that that options be reviewed for some areas outside of the Village boundaries to make sure all water flows were adequate. Mayor D'Ambra confirmed the projected cost was market driven. Mr. Hammond explained the projected cost was estimated from the engineer and subject to change with the contractor. MOTION: Council Member Brandon made a motion to accept Water Treatment Plant Process Efficiency and Automation & Water Distribution System Studies; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 17. Authorize Additional Change Orders in the Amount of $3,569.43 with Hedrick Brothers Construction in Connection with Construction of the New Community Center. Parks and Recreation Manager Greg Corbitt explained the change order was needed to move electrical boxes and sub woofers to accommodate the needs of IT. MOTION: Council Member Brandon made a motion Approval of Change Order #024 Council Member Young seconded the motion. Carried unanimously 5-0. 18. Approve Recreation Center Policies and Procedures/Summer Camp Contract Mr. Corbitt introduced the summer camp contract with SportsTyme and a plan for Recreation Center Procedures. Mr. Dan Foley of SportsTyme highlighted the companies 20 years in business and the over 100,000 camp days provided by 4 different camps. He announced previous Village of Tequesta camp counselors would be prioritized before seeking additional counselors. Mr. Corbitt proceeded to discuss the Recreation Center and requested a resident only soft opening for six months, allowing non-residents the ability to register for fee -based classes but not allowing them time in open gym. He felt this would give staff time evaluate the implementation and have needs addressed for the Fiscal Year 2023 budget. Council discussed events being held at the Recreation Center by third parties and alcohol usage as well as Sunday hours and staffing. Vice -Mayor Stone requested a monthly update be presented to Council during the standing reports at each Council meeting. Council Member Young was concerned with staffing, Sunday hours, and felt a more robust plan was needed before she could vote on an approval. MOTION: Vice -Mayor Stone made a motion to approve of New Recreation Center Policies & Procedures/Summer Camp Contract with SportsTyme with a monthly update provided to Council during standing reports; Council Member Brandon seconded the motion. Carried 4-1 (opposed: Council Member Young). ANY OTHER MATTERS Council Member Brandon thanked Mr. Hammond for his storm drain presentation to the Environmental Advisory Committee. Council Member Young was concerned with the legislative session in Tallahassee. Council discussed following the Florida League of Cities and requested an analysis from Mr. Jack Cory. Vice -Mayor Stone asked staff to review Ordinances addressing abandoned vessels in the waterways for a future discussion. ADJOURNMENT The meeting was adjourned at 8:20 PM. MOTION. Council Member Brandon made a motion to adjourn the meeting; Vice -Mayor Stone 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME Prince, Bruce NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Village of Tequesta Council MAILING ADDRESS 70 Fairview East THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNIT OF: 9 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: Village of TequestaMY DATE ON WHICH VOTE OCCURRED 1/13/2022 POSITION IS: d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163,357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father; mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Bruce Prince , hereby disclose that on 1/13 20 22 (a) A m ure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ' inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency an the nature of my conflicting interest, in th measure is as follo s: %% J �hc CpcJrl >> If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Fill d Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1112013 Adopted by reference in Rule 34-7.010(1)(f , F.A.C. PAGE 2