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HomeMy WebLinkAboutMinutes_Regular_7/14/2022MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JULY 14, 2022 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 6:00 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, and Council Member Laurie Brandon. Absent were: Council Member Aaron Johnson. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member D'Ambra An invocation was offered by Council Member Frank D'Ambra followed by the pledge of allegiance. APPROVAL OF AGENDA Vice -Mayor Kyle Stone added a reconsideration discussion of Ordinance 11-22 to the agenda. Mayor Molly Young moved items 15 and 16 to the front of new business. MOTION: Vice -Mayor Stone made a motion for approval of the agenda; Council Member D'Ambra seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). PRESENTATION 1. Waste Management, Inc. Presentation - Mr. Jeff Sabin, Government Affairs Director Mr. Jeff Sabin of Waste Management spoke to Council regarding the rate adjustment request. He detailed the inflation impacts on the industry, the most significant being labor, CDL licenses, maintenance and fuel costs, which had a direct impact on the Village's rate. He explained all services would remain the same, including the two times per week trash and yard waste pickup and one time per week bulk and recycle pick up. Mr. Sabin also highlighted the desire for future discussion on automation. CONSENT AGENDA MOTION: Council Member D'Ambra made a motion to approve the consent agenda; Vice - Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 2. MINUTES: May 31, 2022 Workshop and June 9, 2022 Regular 3. Authorize Addendum No. 1 and Purchase Order with Shrieve Chemical Company for Purchase of Bulk 93% Sulfuric Acid 4. To Approve Mutual Aid Agreements for Hurricane/Disaster Debris Removal, Reduction and Disposal 5. SE 05-22 - Run 4 The Pies special event permit application by Palm Beach Roadrunners for an annual 1112412022 four -mile road race, one -mile kids race and hundred -yard toddler dash to take place at Constitution Park on Dover Road from 6:00 a.m. - 11:00 a.m. There will be 2,200 attendees. No alcohol will be served. Water and Gatorade will be provided along the course route. There will be 10 open tents set up at the event (i.e., without sides) and a truck with a ladder to display a flag. The applicant has provided for Police Detail (10 officers including supervisor) and EMS services. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Ms. Pert Towne of 364 Fairway North addressed Council regarding the ramifications of Senate Bill 140 which regarded the use of Fireworks on July 4th, New Years Eve, and New Years Day. She mentioned a fire after July 4th, which was rumored to be due to fireworks, and requested the Village implement an ordinance banning fireworks. Mr. Harold Taylor of 13 Chapel Court opposed chickens in the Village and thought the three minute public comment rule treated citizens unfairly and was a violation of a resident's freedom of speech. COMMUNICATIONS FROM COUNCIL There were none. STANDING REPORTS Village Attorney Village Attorney Davis did not have any reports to share. Village Manager 6. Manager's Report Through June Village Manager Jeremy Allen detailed a conversation with Chuck Hatcher, State Parks and Recreation Director, concerning Tequesta Park. He stated that the State of Florida did not sell or deed over parks. He noted several different grants that the Village could apply for, which the Village was pursuing. Manager Allen noted the Adopt a Tree campaign kick-off, the #VOTproud Flag program was underway, and the Fertilizer Ban magnets were available. Police Department 7. Tequesta Police Department - Monthly Updates June 2022 Police Chief Gus Medina highlighted the Public Safety Awards dinner, the accreditation of the police department, the traffic safety awards luncheon where Pastor Paul Beresford and Officer Jheri-Lynn Palmeri received recognition, the receipt of the virtual simulator, and the partnership with the Palm Beach Sherriffs office to patrol Beach Road. Chief Medina also welcomed new officer Jada DeGraffenreid and thanked and acknowledged Amber Krauss for all her work and dedication to the police department for many years. Fire Department 8. Fire Department Standing Report Fire Chief James Trube announced the completion of the Emergency Plan reviews with all Assisted Living Facilities within the Village, as well as, the Hurricane Plans for each department. He also highlighted dive training and rapid intervention training, the hiring of two new firefighters, the Public Safety Awards banquet, and the Fire Chiefs Association meeting being held at Village Hall in July. He also acknowledged an increase in COVID numbers and the continued monitoring of that. Council inquired on the status of the aerial truck and engine. Anticipated delivery of the aerial truck was on track for March 2023 and July or August of 2023 for the engine truck. REGULAR AGENDA OLD BUSINESS 9. ORDINANCE NO. 09-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL, SEC. 78-4. DEFINITIONS. BY CREATING A NEW DEFINITION FOR "VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE AND APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. BY CREATING AN ENTIRELY NEW ARTICLE XIV, "VACATION RENTALS" TO PROVIDE STATUTORILY COMPLIANT REGULATIONS FOR THE OPERATION OF VACATION RENTALS IN THE VILLAGE OF TEQUESTA; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into record, this was second reading. 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: Council Member D'Ambra made a motion to approve Ordinance No. 09-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 10. ORDINANCE 10-22, 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 2 SITE PLAN REVIEW, SEC. 78-334. APPLICATION AND REVIEW PROCESS, TO PROVIDE THAT DEVELOPMENT REVIEW COMMITTEE MEETINGS ARE PUBLIC MEETINGS, AND TO PROVIDE NEW ON -SITE NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into record, this was second reading. 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: Council Member D'Ambra made a motion to approve Ordinance No. 10-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 11. ORDINANCE NO. 12-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING PROPOSED VILLAGE INITIATED AMENDMENTS TO THE VILLAGE CHARTER; WHICH PROPOSED AMENDMENTS WOULD INCREASE COUNCILMEMBER TERMS FROM TWO YEARS TO THREE YEARS, ADD NEW TERM LIMITS OF THREE CONSECUTIVE TERMS THEREAFTER REQUIRING A ONE TERM WAITING PERIOD BEFORE RUNNING FOR OFFICE AGAIN; REVISE VILLAGE COUNCIL RE- ORGANIZATION PROCEDURES TO CONFORM WITH THE NEW THREE-YEAR TERMS; REQUIRE ANY PERSON RUNNING FOR THE OFFICE OF COUNCILMEMBER TO HAVE RESIDED IN THE VILLAGE OF TEQUESTA FOR A MINIMUM OF ONE CONTINUOUS YEAR PRIOR TO BEING ELIGILE TO QUALIFY AND RUN FOR THE OFFICE OF COUNCILMEMBER; ELIMINATE THE REQUIREMENT FOR RUNOFF ELECTIONS TO RESOLVE TIE VOTES AMONG CANDIDATES FOR COUNCILMEMBER OFFICE AND INSTEAD PROVIDE FOR THE DRAWING OF LOTS; ELIMINATE THE REQUIREMENT FOR A SPECIAL ELECTION TO FILL A COUNCILMEMBER VACANCY CAUSED BY DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR FAILURE TO QUALIFY, AND TO INSTEAD ALLOW A TEMPORARY VILLAGE COUNCIL APPOINTMENT UNTIL THE NEXT GENERAL ELECTION; REQUIRE A REFERENDUM AND VOTER APPROVAL PRIOR TO ANY FUTURE CONSIDERATION BY THE VILLAGE COUNCIL FOR DISSOLVING, ABOLISHING, OR OUTSOURCING THE VILLAGE OF TEQUESTA POLICE DEPARTMENT OR FIRE RESCUE DEPARTMENT; AND PROVIDE NON - SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, GENERAL LANGUAGE CLARIFICATION, AND ORGANIZATION IN ACCORDANCE WITH ORDINANCE 12-22, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON JULY 14, 2022; PROVIDING A BALLOT TITLE AND BALLOT SUMMARY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW, PROVIDING FOR PROPOSED CHARTER AMENDMENT QUESTION LANGUAGE, AND PUTTING SAID CHARTER AMENDMENT QUESTIONS TO A VOTE OF THE ELECTORS OF THE VILLAGE AT THE MARCH 14, 2023 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read the title into record, this was second reading. 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: Council Member D'Ambra made a motion to approve Ordinance No. 12-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 12. ORDINANCE NO. 13-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION; BY AMENDING EXHIBIT B TO SECTION 2-61. PENSION TRUST FUNDS, PUBLIC SAFETY OFFICERS' PENSION TRUST FUND; BY AMENDING SECTION 2, DEFINITIONS, TO AMEND THE DEFINITION OF CREDITED SERVICE TO PROVIDE FOR THE INCLUSION OF ACTIVE MILTARY SERVICE TIME OR TIME SERVED AS A FIREFIGHTER FOR ANOTHER GOVERNMENTAL EMPLOYER, TO CLARIFY VESTED DEFERRED RETIREMENT; BY AMENDING SECTIONS 8 AND 9 TO ADOPT PRESUMPTIONS OF FLORIDA STATUTES; BY AMENDING SECTION 14, DEFERRED RETIREMENT OPTION PLAN; SECTION 21, DISTRIBUTION OF BENEFITS; AND SECTION 22, MISCELLANEOUS PROVISIONS TO UPDATE PLAN TO INCORPORATE THE NEW REQUIRED MINIMUM DISTRIBUTION AGE OF 72; AMENDING SECTION 27, SERVICE PRIOR TO EMPLOYMENT, TO AMEND THE SECTION TO COMPLY WITH CHANGES THAT WERE COLLECTIVELY BARGAINED; PROVIDE FOR PROVIDING FOR 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. 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: Council Member D'Ambra made a motion to approve Ordinance No. 13-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). NEW BUSINESS 13. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 202212023 at a Rate of 6.6290 Mills per $1,000.00 of Assessed Value and Setting the Budget Public Hearings as Follows: September 8, 2022 — 5:30 p.m. - Approve Tentative Budget; and September 15, 2022 - 5:30 p.m. - Approve Final Budget Manager Allen stated the ad valorem tax rate was 6.629 percent and proposed the final budget hearings for September 8th and 15th at 5:30 PM. Mr. Harold Taylor of 13 Chapel Court questioned what the rate was, Manager Allen confirmed it was 6.629 percent. MOTION: Council Member D'Ambra made a motion to approve the proposed ad valorem millage rate for the Village of Tequesta for fiscal year 2022/2023 and setting the budget public hearings; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 14. RESOLUTION NO. 20-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUES TA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Finance Director Jeff Snyder detailed the need for a one year stormwater increase. He highlighted the different projects and costs as well as the use of the reserve balance for emergency capital projects that were addressed in 2022. Mr. Tom Bradford of 44 Chestnut Trail inquired why sidewalks were part of the stormwater budget. It was explained that if water utilities disturbed a sidewalk for repairs, the cost to then fix the sidewalk was taken from the the stormwater budget. Ms. Kristen Powers of 19980 Hibiscus Drive asked for an explanation on who was responsible for sand redistribution at the Coral Cove Reef area. Manager Allen explained Coral Cove was managed by Palm Beach County and State funds. There was no budgeted money for it, but that the Village advocated for the area. MOTION: Council Member D'Ambra made a motion to approve Resolution No. 20-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 15. RESOLUTION NO. 21-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 Mr. Jeff Sabin of Waste Management presented the refuse, recycling and yard waste collection rates for September 30, 2023. Mayor Young requested details on how the rate was determined. Mr. Sabin explained the internal audits and models used to establish an accurate rate for the Village. The notice was sent to the Village in June to comply with the agreement and to begin conversations and analysis of the rate. MOTION: Council Member D'Ambra made a motion to approve Resolution No. 21-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 16. To Approve the Renewal of the Emergency Services Agreement for Mutual Assistance, Automatic Aid, Dispatch, ISO Training and Fire Vehicle Maintenance and Repair Services Between Palm Beach County and the Village of Tequesta Chief Trube presented the renewal of the Emergency Services Agreement for Mutual Assistance. He detailed the services in the five year agreement along with the trainings including the officer development training, driver training, and onsite training. MOTION: Council Member D'Ambra made a motion to approve the renewal of the Emergency Services Agreement for Mutual Assistance; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 17. To Approve Work Authorization HCE UTL22.02 — Surficial Well Replacement Program — Well No. S18 - Professional Engineering Services — Holtz Consulting Engineers Water Utilities Engineering Intern Ellie Cohen presented the work authorization for well number 18. This was a budgeted item. MOTION: Council Member D'Ambra made a motion to approve Work Authorization HCE UTL22.02 with Holtz Consulting Engineers in the amount of $108,925; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 18. To Approve Amendment No. 1 to Work Authorization CM U22.01 - WTP Process & Energy Efficiency Improvements - Chen Moore & Associates MOTION: Council Member D'Ambra made a motion to approve Amendment No. 1 to Work Authorization CM U22.01 in the amount of $14,600.00 with Chen Moore & Associates; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 19. RESOLUTION NO. 22-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A REVISED LAND DEVELOPMENT FEE SCHEDULE AS PROVIDED BY SEC. 62-181 OF THE VILLAGE CODE OF ORDINANCES BY ADDING FEES ASSOCIATED WITH ADMINISTRATION AND REGULATION OF VACATION RENTAL USES WITHIN THE VILLAGE PURSUANT TO VILLAGE CODE SEC. 78-891; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL DURING REGULAR BUSINESS HOURS; PROVIDING FOR PUBLICATION OF THIS SCHEDULE OF FEES AND CHARGES IN APPENDIX D. OF THE VILLAGE'S CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis detailed the amended fee schedule for development and zoning purposes of the vacation rentals zoning and the permitting fees. Manager Allen sated the fees covered the Village cost and were based on other municipalities. Council requested the ordinance state these are annual inspection fees. MOTION: Council Member D'Ambra made a motion to approve Resolution No. 22-22 with language stating these were annual inspection fees; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 20. RESOLUTION NO. 23-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA URGING THE STATE LEGISLATURE AND FEDERAL GOVERNMENT TO INITIATE A STUDY OF THE HEALTH EFFECTS OF SMALL WIRELESS FACILITIES PLACED AND MAINTAINED IN PUBLIC RIGHTS -OF - WAY FOR PURPOSES OF ACCOMMODATING 5G COMMUNICATIONS TECHNOLOGY, AND TO DEVELOP INSTALLATION GUIDELINES THAT ALLOW FOR THE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS AND GUESTS WHO MAY RESIDE OR TRAVEL WITHIN PROXIMITY THERETO; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Council agreed more studies were needed on the health effects of 5G and the resolution would urge the State and Federal Government to initiate studies. This was based on similar resolutions from Broward and Dade County. Ms. Shirley Jackson of 12875 Barrow Road, Juno Isles stated she was electromagnetically sensitive and suggested being more specific with wording to capture the 5G millimeter technology by using the the wording "5G related technology expansion." She provide Council with a handout of website links on the topic. Ms. Cheryl Ramacorti of 62 Birch Place requested Council do their due diligence to protect the community against 5G. Ms. Debbie Wallace of 68 Birch Place questioned why the Village could not do more. Attorney Davis had previously responded on the courts opinion concerning what could and couldn't be done. MOTION: Council Member D'Ambra made a motion to approve Resolution No. 23-22; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 21. Annual Performance Review of Village Manager Jeremy Allen Council agreed Manager Allen exceeded expectations and acknowledged his efforts throughout the year. They commented on his leadership, approachability, ease to work with, creativeness, and responsiveness. Council agreed on a $13,500 annual bonus before taxes, no changes on the car allowance, and the salary increase would be the same as non -union workers. MOTION: Council Member D'Ambra made a motion to approve a annual bonus of $13,500 before taxes, Council Member Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). 22. Discussion of reconsideration for Ordinance No. 11-22 Council discussed the reconsideration of Ordinance No. 11-22 before item number 21. The Ordinance referenced a building moratorium within the Village. Attorney Davis provided legal information regarding the reconsideration. One of the three Council Members who voted against the ordinance would need to make the motion for reconsideration. The ordinance would then be placed on an agenda for further discussion and a vote. Council clarified the moratorium would not impact the height density or 300 building on Beach Road. Ms. Marcia Nielsen of 94 Beechwood Trail suggested taking the ordinance to a workshop. A Beach Road resident thanked Council for the reconsideration or the ordinance. MOTION: Vice -Mayor Stone made a motion to approve the reconsideration of Ordinance No. 11-22; Council Member D'Ambra seconded the motion. Carried unanimously 4-0 (absent: Council Member Johnson). ANY OTHER MATTERS Vice -Mayor Stone requested a discussion on the use of the baseball fields at Tequesta Park. He had received complaints that JTAA had the field booked, but then they were not in use. Council agreed to place it on a future workshop. Council Member D'Ambra requested a workshop on rental increase notifications, Council's opinion had not changed and agreed to not workshop it again. He also requested a park funding discussion, Council agreed to have that discussion at a future workshop. Mayor Young was voting at the Florida League of Cities meeting in August on behalf of the Village. She planned on voting in favor of all resolutions, Council agreed on the in favor votes. She asked Council if they were interested in creating fireworks regulations, they were not. She also requested more information on the Waste Management automation. Mr. Harold Taylor of 13 Chapel Court suggested Council check other areas on limiting rental rate increases. Council clarified they did not want to limit rental rate increases, but instead a notification time period. ADJOURNMENT The meeting was adjourned at 8:14 PM. MOTION: Vice -Mayor Stone made a motion to adjourn the meeting; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. Respectfully submitted, kznl ,,�c&- ka" 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.