Loading...
HomeMy WebLinkAboutMinutes_Regular_5/12/2022MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL MAY 12, 2022 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 6:01 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Molly Young, Vice -Mayor Kyle Stone, Council Member Frank D'Ambra, Council Member Laurie Brandon, and Council Member Aaron Johnson. INVOCATION AND PLEDGE OF ALLEGIANCE - Vice -Mayor Stone An invocation was offered by Pastor Mike Richardson of Tequesta's First Baptist Church followed by the pledge of allegiance led by Vice -Mayor Stone. APPROVAL OF AGENDA Mayor Young added a presentation from Abby Brennan on Tequesta Friends of Public Safety prior to item one. MOTION: Vice -Mayor Stone made a motion to approve the agenda with the additional presentation from Tequesta Friends of Public Safety; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Tequesta Friends of Public Safety Presentation by Abby Brennan Abby Brennan provided an update on Tequesta Friends of Public Safety on behalf of the Board of Directors. She highlighted the history of the formation of the organization and their work to raise funds for the September 11 th Memorial. Ms. Brennan detailed the expansion of the organization including their continued assistance in raising funds and providing support for all Tequesta public safety employees and their families. 2. General Employee Pension Board Presentation by Pension Board Chair Michael Rhodes Pension Board Chair Michael Rhodes provided background information and overview of the pension plan. He stated the plan had 50 active participants, 12 retirees, and eight people who had terminated employment with a right to benefits at early or normal retirement age. The plan paid out over $178,000 in pension benefits for fiscal year 2021. Mr. Rhodes also detailed the investment performance and asset allocations. He stated the plan was in the top third of all plans with the annual return in the top 14th percent, and was reported in excellent actuarial status. He also announced a new dashboard system was implemented to assist with all retirement needs. Council Member D'Ambra questioned the financial requirements and funding the benefit for early retirees and life expectancies. 3. Proclamation Proclaiming May 21-27, 2022 as National Safe Boating Week in Tequesta A representative was not in attendance to receive the proclamation and it was mailed to the recipients. CONSENT AGENDA MOTION: Council Member D'Ambra made a motion to approve the Consent Agenda; Vice - Mayor Stone seconded the motion. Carried unanimously 5-0. 4. MINUTES: March 10, 2022 Special Council Meeting; March 22, 2022 Workshop; and April 4, 2022 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.) A. Best Lighting Credit Application -Public Works, $N/A, see application/agreement for details. B. BuyBoard National Purchasing Cooperative Interlocal Participation Agreement - Public Works, $N/A, see agreement for details. D. Chen -Moore & Associates Agreement, Dover Ditch Water Quality Improvement Project, Phase 1 - Utilities, $24,890.00. D. CMS Alarm Monitoring Agreement - Parks & Recreation, $329.13 Annually. E. Dive Rescue International Host Agreement - Fire Department, see agreement for details. F. Kimley-Horn Engineering Services Work Authorization, Community Center/Seabrook Crosswalk - Public Works, $1, 651.00 G. Kimley-Horn Engineering Services Work Authorization, Tequesta Drive Bridge 5 Year Capital Improvement Plan - Public Works, $6,100.00. 6. Authorize Amendment to Agreement with Odyssey Manufacturing Company for Purchase of 50% Sodium Hydroxide END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Mike Moerill of 14 Chapel Circle was not in favor of any transition to the Palm Beach County Sherriffs Office. He was also concerned with Council communications regarding the Police and fully supported the Chief. Mrs. Pat Watkin of 167 River Drive spoke in favor of Tequesta Public Safety and felt the majority of the Village supported having a local Police and Fire department. COMMUNICATIONS FROM COUNCIL Mayor Young thanked Public Works Director Doug Chambers for his quick efforts and research in joining Buy Board to help with contracts, and Utilities Director Matt Hammond and Attorney Keith Davis for adjusting the contract termination language to better benefit the Village. She also recognized Lisa Conti and Jesse Jenkins for troubleshooting a water leak for a resident, and the Clerk's department for all their hard work as it was Clerk's week. Council Member D'Ambra supported a local Public Safety department and stated Council was voting on the charter updates requiring a resident referendum to make changes to Public Safety. Council Member Brandon thanked residents for participating in the charrette process. Vice -Mayor Stone was in support of the charter review updates regarding Public safety and a voter referendum. STANDING REPORTS Village Attorney Attorney Davis announced the Charter Amendment Ordinance with ballot summary and questions was on track for a first reading in June, an official date of July, and then on the March 2023 ballot. He also introduced a new attorney, Dylan Brandenburg, who would be assisting with Village matters. Village Manager Manager Allen thanked Utilities Director Matt Hammond on the $95,000 grant through the Florida Department of Environmental Protection. He announced the return of the Nautical Club for children offered by the Police department, the Hurricane Fair scheduled for June 4, and encouraged residents to sign up for the Friday News which highlighted Village events and updates. 7. Manager's Monthly Report Police Department Mayor Young inquired about National Police Week. Chief Medina stated the officers would receive a small thank you gift in celebration of the May 15th - 21 st event. Chief Medina was excited for the feedback being received from residents and made Council and residents aware of the "Chiefs Corner" in the Friday News. He also announced the completion of the child safety car seat class with five officers now certified in car seat installation. 8. Police Department Report Fire Department Fire Chief Trube announced the Hurricane Fair scheduled for June 4th. 9. Fire Department Report UTILITIES Utilities Director Hammond announced the $95,000 resiliency study grant was awarded to the Village by the Florida Department of Environmental Protection, and the partnering with the Southeast Florida government purchasing co-op which was comprised of 60 entities and would help reduce costs to the Village. The Utilities department submitted an application for the State revolving fund loan program for the next phase of the water main replacement, and the Florida Department of Health permit was received for the water main project one and four. Council Member D'Ambra inquired about the R3 zoning district dune restoration, Mr. Hammond would research the request and provide a follow up. Vice -Mayor Stone questioned the water billing, Mr. Hammond stated the Utilities department was working on shortening the billing window. Mayor Young was concerned with the percentages going down, Mr. Hammond stated a third letter was sent out to bring residents into compliance with the cross control connection and percentages should increase next month. 10. Utilities Department Report REGULAR AGENDA OLD BUSINESS 11. ORDINANCE NO. 08-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE OF TEQUESTA CODE OF ORDINANCES AT CHAPTER 74. UTILITIES, ARTICLE 11. WATER SERVICE, DIVISION 2. RATES AND CHARGES. BY ADDING TWO ENTIRELY NEW SECTIONS 74-83. "CONNECTION FEE PAYMENT PLAN"' TO ALLOW A CONNECTION FEE FINANCING AGREEMENT BETWEEN A PROPERTY OWNER AND THE VILLAGE; AND 74-84. "VOLUNTARY ANNEXATION CONSENT", - TO REQUIRE PROPERTIES LOCATED OUTSIDE THE MUNICIPAL BOUNDARIES OF THE VILLAGE WHICH ARE SERVED BY THE VILLAGE'S WATER UTILITY, TO CONSENT TO VOLUNTARY ANNEXATION INTO THE VILLAGE WHEN SUCH ANNEXATION IS AVAILABLE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 74. UTILITIES. 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 the title into record, this was second reading. Mr. Hammond stated interest rates were revised as requested. Mayor Young opened the hearing for public comments; there being none the hearing was closed. Mayor Young opened the hearing for Council comments; there were no comments, therefore the hearing was closed. MOTION: Vice -Mayor Stone made a motion to approve Ordinance 08-22; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 12. Consider Approval of the 2022-2023 Strategic Plan. Council would workshop an agreement for a preliminary analysis of undergrounding by a Village resident. MOTION: Council Member D'Ambra made a motion to approve the 2022-2023 Strategic Plan, Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. NEW BUSINESS 13. RESOLUTION NO. 16-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR THE REPLACEMENT OF VACANT BOARDS AND COMMITTEE MEMBER POSITIONS Clerk McWilliams detailed the different committee and board openings and introduced the applicants. Council reviewed and discussed the applicants. MOTION: Vice -Mayor Stone made a motion to approve appointments of Steve Eagan and Leslie Dasher to the Planning and Zoning Board, Tom Bradford, Marguerite Wilson and Philip Stadelmann to the Environmental Advisory Committee, and Mike Rhodes for the General Employee Pension Board; Council Member Brandon seconded the motion. Carried unanimously 5-0. 14. SEU 02-22: Application from TAMWEST REALTY INC for a Special Exception Use approval pursuant to Section 78-177(d)(17) of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use approval for a 2,544 square foot fast food restaurant with a drive-thru (Starbucks) in the C-2 Zoning District. The application includes a landscaping plan, wall signs, a menu board, monument sign, clearance poles and other signage. The subject property is located at 710 N US Highway 1, Tequesta, FL 33469. Attorney Davis announced SEU 02-22 was a Quasi -Judicial matter and placed four individuals under oath. He asked Council if they had any ex-parte communications. Vice - Mayor Stone performed a site visit and had positive conversations with businesses in the shopping plaza. Community Development Director Nilsa Zacarias introduced Troy Holloway of 2GHO who presented a powerpoint on behalf of Starbucks. The presentation illustrated aerial views of the plaza, a proposed site plan, and site data. Mr. Holloway illustrated Starbucks had met all the criteria and conditions per Village code including landscaping, drive thru criteria, adequate parking, and a positive affect on adjacent properties. Council was concerned with traffic onto North US Highway One from Village Boulevard. It was clarified that traffic light installation was facilitated by FDOT (Federal Department of Transportation) and the area had not meet the criteria for a light. Ms. Amy Angelo of Oceana Coffee requested Council vote no and not allow corporate chains into the Village. Mr. Kevin Vanderpol of Carve Surf and Coffee was opposed to a Starbucks. Ms. Amy Duell of Oceana Coffee was opposed to the Starbucks. Mr. Mark Sapirie of 79 Yacht Club Place spoke to preserve local business in Tequesta. Ms. Kimberly Vanderpol of Carve Surf and Coffee was in opposition of a Starbucks. Mr. Tom Bradford of 44 Chestnut Trail inquired on the architectural renderings for the building. Ms. Kimberly Gutierrez was opposed to corporations in the Village. Attorney Davis reminded Council there was not a prohibition on corporations in the Village code and further that the code did not speak to the occupants of commercial property. MOTION: Council Member D'Ambra made a motion to approve SEU 02-22; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 15. Approve First Addendum to Director of Community Development Consultant Agreement Manager Allen explained the addendum as it related to the engagement of NZ Consultants for a four to five month R3 zoning district study to include engaging the community and developing revised code for the R3 zoning district. Vice -Mayor Stone wanted to wait until the charrette process was complete before engaging in the R3 district. MOTION: Council Member D'Ambra made a motion to approve the first addendum to the Community Development agreement; Council Member Brandon seconded the motion. Carried 3-2 (opposed: Vice -Mayor Stone and Council Member Johnson). 16. RESOLUTION NO. 17-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 202112022 GENERAL FUND BUDGET Manager Allen explained the Resolution was due to the budget adjustment for the addendum of the NZ Consultants agreement. MOTION: Council Member D'Ambra made a motion to approve Resolution 17-22; Council Member Brandon seconded the motion. Carried 3-2 (opposed: Vice -Mayor Stone and Council Member Johnson). 17. Approve Purchase of a 2022 Ford Ranger Crew Cab 4x2-R4E for the Building Department in the Amount of $29,399 Public Works Director Doug Chambers detailed the vehicles reviewed for purchase. The 2022 Ford Ranger was the best option to due to availability and current needs of the building department. MOTION: Council Member D'Ambra made a motion to approve the purchase of the 2022 Ford Ranger; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 18. Approve Work Authorization CM UTL22.02 — Water Quality Modelling & Evaluation — Chen Moore & Associates Mr. Hammond provided a brief explanation of the water quality modeling and evaluation. MOTION: Council Member D'Ambra made a motion to approve Work Authorization CM UTL22.02 — Water Quality Modelling & Evaluation with Chen Moore & Associates in the amount of $75,084; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 19. RESOLUTION 14-22: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 202112022 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $8, 675.00 TO RECOGNIZE EMS GRANT FUNDS FROM PALM BEACH COUNTY TO REIMBURSE THE VILLAGE FOR ITS PURCHASE OF TWO(2) LIFEPAK 1000 AEDS AND FIFTY (50) BLEED CONTROL KITS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES MOTION: Vice -Mayor Stone made a motion to approve Resolution 14-22., Council Member Brandon seconded the motion. Carried unanimously 5-0. 20. Approve Temporarily Increasing the Number of Authorized Positions in the Fire Department by One Firefighter/Medic Position Chief Trube explained the unbudgeted item brought forward was due to medical leave within the department and upcoming retirements. Chief Trube stated 20 applicants were received and the initial tests would be underway in the coming weeks. Council Member D'Ambra asked staff to factor an eight person fire shift into future strategic and financial plans. MOTION: Council Member D'Ambra made a motion to approve a temporarily increase in the number of authorized positions in the Fire Department; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 21. ORDINANCE NO. 11-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DEVELOPMENT ORDERS OR BUILDING PERMITS FOR NEW DEVELOPMENT AND/OR RE -DEVELOPMENT WHICH INCREASES BUILDING HEIGHT OR NUMBER OF STORIES, INCREASES LOT COVERAGE OR CHANGES THE EXISTING BUILDING FOOTPRINT, WHICH PROPOSES CHANGES TO THE APPEARANCE OF THE BUILDING EXTERIOR OR TO THE SITE LANDSCAPING IN THE MU, C-1, C-2, C-3, R-2 AND R-3 ZONING DISTRICTS AS SET FORTH IN CHAPTER 78. ZONING, OF THE VILLAGE OF TEQUESTA CODE OF ORDINANCES AND PURSUANT TO THE REQUIREMENTS OF THE VILLAGE OF TEQUESTA COMPREHENSIVE DEVELOPMENT PLAN; PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT FOR A PERIOD OF SIX MONTHS; DIRECTING VILLAGE STAFF TO UNDERTAKE A COMPREHENSIVE REVIEW OF THE VILLAGE'S EXISTING LAND DEVELOPMENT CODES WITH AN EMPHASIS ON COORDINATION BETWEEN AESTHETIC AND LANDSCAPING REGULATIONS AND COASTAL CONSERVATION; DIRECTING ADDITIONAL COORDINATION WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL PURSAUANT TO ITS CURRENT AGREEMENT WITH THE VILLAGE; PROVIDING FOR CONTINUATION OR TERMINATION OF SAID MORATORIUM; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFECTIVE DATE. Attorney Davis read the title into record, this was first reading. Attorney Davis noted edits to the ordinance including the removal of the R2 zoning district, additional building exemptions for life safety issues and storm hardening issues, and the allowance of applications during conceptual changes to the code. Mayor Young opened the hearing for public comments. Mr. John Isleib of 250 Tequesta Drive spoke in opposition of a moratorium. He felt the codes in question did not warrant a complete stop to building in such difficult economic times. He was concerned with Council's view of developers and felt developers, Council and residents could all work together in an impartial manner. Ms. Abby Brennan of 523 Dover Road was concerned with a moratorium and what it would accomplish. She echoed Mr. Isleib's sentiments and felt developers and Council could work together. Mr. Mark Sapirie of 75 Yacht Club Place felt Village code was out of date and a critical issue. He provided images to Council of beach erosion north of Coral Cove Park and asked Council to prioritize the Village for the long term. Mrs. Pat Watkins of 167 River Drive was unclear of the purpose of a moratorium. She asked Council to give this more thought as she felt it was not necessary at this time. Mr. Thomas Bradford of 44 Chestnut Trail clarified his memorandum to Council, which he felt may have influenced the proposed ordinance. Mr. Harold Taylor of 13 Chapel Court wished to give his three minutes to Mr. Bradford. It was explained that was against the Village rules of public participation. Mr. Phil Perko a Seaglass Condominium, 300 Beach Road, 200 Beach Road and Paradide Park developer/partner spoke against a moratorium. He explained the complicated process to build on the beach and the many levels of state and federal approvals needed. He asked Council to further research the issue before making a decision. Ms. Jessica Namath of 20 Shady Lane spoke on behalf of the Environmental Advisory Committee stating their intent was to limit the R3 zoning district until further guidelines were in place. She reiterated the sentiment of preserving the small town feel of the Village. Mayor Young opened the hearing for Council comments. Council Member Johnson had changed his opinion of a moratorium after further discussion and review and was now opposed. Council Member Brandon stated she was reviewing a moratorium for all zones and not just the R3 district. She felt there was a need to place a moratorium while the Village incorporated resident opinion and feedback from the charrette into the code. She clarified her concern with developer reputations and the need to maintain good relationships with developers on behalf of the residents. Council Member Brandon was also concerned with a legal letter that was sent to Council regarding the moratorium. She requested all developers work together with the Council on design and planning. Mayor Young clarified applications would be accepted while codes were being written and felt a six month moratorium to allow Treasure Coast Planning Authority and NZ Consultants to work through resident feedback and code recommendations was acceptable. She wasnot aware of any negative impacts due to a moratorium and felt it was needed to better preserve the character of the Village. Manager Allen estimated a March 2023 timeline of completion with conceptual code available in October or November of 2022 for Treasure Coast Planning Authorities process. He estimated a December 2022 completion and September or October 2022 conceptual code availability for NZ Consultants process. Council Member D'Ambra was opposed to the moratorium. He felt it was a long time frame and the current process worked well with developers and Council maintaing open communication and a willingness to work together. He was also not confident in the Village's legal authority over the dunes and did not feel that responsibility lied solely with developers. Vice -Mayor Stone did not see an emergent need for a moratorium and that the Village and thought the Village maintained good relationships with developers. MOTION: Council Member Brandon made a motion to approve the revised Ordinance eliminating the R2 zone, building exemptions for life safety issues and storm hardening issues, and the allowance of applications during conceptual changes to the code; Mayor Young seconded the motion. Failed 2-3 (opposed: Vice -Mayor Stone, Council Member Frank D'Ambra, and Council Member Aaron Johnson). MOTION: Council Member D'Ambra made a motion to deny Ordinance 11-22; Vice - Mayor Stone seconded the motion. Carried 3-2 (opposed: Council Member Brandon and Mayor Young). ANY OTHER MATTERS Vice -Mayor Stone asked if a landscape letter had been sent to the Tequesta Post Office. Manager Allen confirmed the letter had been sent to Senator Marco Rubio, Senator Rick Scott, and hand delivered to the Post Master in Jupiter. Vice -Mayor Stone felt this was also a good time to educated residents and businesses on the need to clean up overgrowth and maintain landscaping. Council Member Johnson requested Council review the age restrictions at the Recreation Center to consider lowering the age of parental supervision from 14 year old to 12 years old, Council agreed. Council Member D'Ambra requested staff research authority, grants and funding to protect the beach dunes. Council Member Brandon addressed the Environmental Advisory Committees request to have an environmental specialist on the Development Review Committee. Council would discuss this further at a future workshop. Mr. Phil Perko addressed council and stated the Beach Road Association was concerned with beach parking and police presence on Beach Road. ADJOURNMENT The meeting was adjourned at 8:46 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. Respectfully submitted, �6muwA-A- 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.