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HomeMy WebLinkAboutMinutes_Regular_12/8/2022MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL DECEMBER 8, 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. INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor Molly Younq An invocation was offered by Mayor Young, followed by the pledge of allegiance. APPROVAL OF AGENDA Item 15 was added regarding IT Disaster Recovery by Mayor Young. MOTION: Vice -Mayor Kyle Stone made a motion to approve the agenda with the addition of item 15; Council Member Johnson seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Chili Cook -off Check Presentation Lieutenant Dave McGovern of the Tequesta Fire Department announced the success of the annual Chili Cook -Off. He thanked all sponsors, board members, the 140 volunteers, Village employees Keith Robinson and Doug Chambers, as well as the 3,500 in attendance for another successful event. The 2022 goal was $75,000 and they surpassed the goal by raising $113,500 for an 11 year total of over $540,000. Five charities including Operation 300, Warriors Renewal Coalition, Southeast Florida Honor Flight, Wounded Veterans Relief Fund, and Tequesta Friends of Public Safety were each awarded a check for $22,750. Southeast Honor Flight thanked everyone and announced two World War II Veterans were in attendance, they were 101 years old and 97 years old. 2. Presentation of the Village's Financial Results for Fiscal Year Ended September 30, 2022 Village Manager, Jeremy Allen, provided the Village financial results for fiscal year ended September 30, 2022, per Village charter. He stated these were unaudited numbers and could change pending the audit. He described the different funds included within the General Fund and Enterprise Funds. The General Fund was funded by property taxes, franchise taxes, utility taxes, and intergovernmental revenue and service charges. He provided graphics with the different balances. The goal of two month operating reserves was hit and staff was now working toward a three month reserves goal. Manager Allen then provided further detail on each fund including the building fund which was very healthy due to redevelopment, the capital improvement fund, capital projects, special law enforcement fund, the water utility fund, storm water fund, and the refuse and recycle which would need to be reviewed in the next budget process. He concluded stating there was two million dollars rolling over to the 2023 budget, which had been accounted for, due to the supply chain issues felt nationwide. Council Comments • Council Member D'Ambra asked about the $95,000 assessment. Manager Allen clarified the grant was coming, and this was being rolled over since the purchase order was issued last year. • Vice -Mayor Stone and Council Member Brandon stressed the importance of continuing to increase the reserve account. • Mayor Young questioned the balance sheet showing a negative number. Manager Allen explained the state shared revenues have a two month delay and not all closing entries had been completed. MOTION: Council Member D'Ambra made a motion to accept the financial results for year end September 30, 2022; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. CONSENT AGENDA Mayor Young thanked the Utilities Department for their proactive work on acquiring two assistance programs for utilities customers. She also thanked Village resident Paul Wittman for his donation supporting the maintenance of the Banyan Tree. MOTION: Council Member D'Ambra made a motion to approve the consent agenda; Council Member Brandon seconded the motion. Carried unanimously 5-0. 3. MINUTES: September 8, 2022 Regular and November 1, 2022 Workshop 4. Consider 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. Florida Dept. of Health PB County Permit Application -Utilities, $N/A B. Total Caring Training Site Agreement -Fire Department, See agreement for associates fees. C. Depart. of Economic Opportunity -FL Homeowners Assistance Fund -Utilities, $N/A D. Jupiter Hills Club Agreement -Easement Access Wells 18 & 19-Utilities, $N/A E. PB County Low Income Household Water Assistance Program Vendor Agreement -Utilities, $N/A F. Kimley-Horn WM #5 Amendment Gap Work Authorization -Utilities, $3,950.00 G. Holtz Consulting Engineers, Inc. Grant Support Services Work Authorization - Public Works, not to exceed $10,000.00 H. Main Street Village, Inc. & JMZ Tequesta Properties, Inc. Agreement -Public Works, $N/A L Verizon Connect Services Agreement -Public Works, $473.75 Monthly. J. Village of Tequesta Limited Agreement - Construction in ROW -Public Works, $N/A 5. Consider Approval of Florida Department of Environmental Protection (FDEP) Vulnerability Assessment and Adaptation Plan Agreement #22PLN75 6. Consider Approval of Donation Agreement for Banyan Tree Maintenance END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Brandon requested more lighting, a larger police presence and announcements of event closure at Constitution Park during events. Council Member D'Ambra congratulated Lieutenant Dave McGovern on a successful Chili Cook - Off. He also thanked Betsy Minelli for allowing the Village to use the old Paradise Park for the event as well as the upcoming Tequesta Fest. Vice -Mayor Stone reminded everyone to shop local this holiday season and the Village's SHOP VOT event. Mayor Young provided an update on the US1 Bridge closure from a recent Florida Department of Transportation (FDOT) coffee connections event she attended. She announced the bridge was on track for a March 13, 2023 full closure. STANDING REPORTS Village Attorney Village Attorney Davis did not have any reports to share. Village Manager 7. Monthly Manager's Report through November Manager Allen announced the completion of the crosswalk on Seabrook Road, the December 24th Santa ride, the January 7, 2023 Tequesta Fest, and the cancellation of the January 3rd Workshop. Police Department 8. Police Department Standing Report Assistant Police Chief, James McGrew, highlighted the events the Police Department participated in during the month of November and announced participation in the December JTAA Christmas parade. He detailed the recent trainings the department took part in and was also pleased to announce the seizure of 50,000 fentanyl pills from the Tequesta Drug Enforcement Agency (DEA) Task Force officer and K9. Fire Department 9. Fire Department Standing Report Fire Chief James Trube detailed the trainings and events the department participated in during the month of November. He announced the upcoming Fire Department Christmas open house and the participation in the December JTAA Christmas parade. Chief Trube also detailed the Emergency Operations that took place during Hurricane Nicole. Council Comments: • Council Member D'Ambra inquired on the cancer link within the department. Chief Trube stated the Palm Beach County Health Department found no common link between the recent cancer diagnoses and the Village of Tequesta facilities. • Mayor Young questioned the progress with a station on the North side of the US1 Bridge. Chief Trube responded the timing was a hurdle. He also stated Martin County was looking into a crew on this side as well due to the County Line Bridge work. UTILITIES 10. Utilities Department Update Utilities Director, Marjorie Craig, announced the Florida Department of Environmental Protection (FDEP) vulnerability assessment grant of 100% was secured and the pre -bid meetings for water main replacements one and four were completed. The bids would open on December 15th and 28 bidders had pulled plan estimates, which was encouraging. Council Comments: • Council Member D'Ambra inquired on supply chain issues. Mrs. Craig stated it had not been a question, but had been an issue in the past with approximately a six month delay. • Vice -Mayor Stone questioned the consumption numbers for October and November as they were the same, but the revenue was different. Mrs. Craig would research the chart as it could be a data point error. REGULAR AGENDA OLD BUSINESS - None NEW BUSINESS 11. Consider Approval of Agreement Between the Village of Tequesta Police Department and the Drug Enforcement Administration The item was for one Tequesta officer to work with the Drug Enforcement Agency (DEA) on a multi -year agreement. MOTION: Council Member D'Ambra made a motion to approve the agreement between the Village of Tequesta Police Department and the DEA; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 12. Consider Approval to Enter into a Vehicle Lease Agreement with Enterprise Holdings for the Tequesta Police Department's DEA Task Force Agent Chief McGrew explained the need for the officer to be able to change vehicles if compromised or if they had any mechanical issues. This was funded by the special law enforcement fund. MOTION: Council Member D'Ambra made a motion to approve the vehicle lease agreement with Enterprise Holdings; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 13. Consider Approval to Increase the Special Detail Rate for the Village of Tequesta's Police Department Officers Chief McGrew detailed the rate increase from $35 per hour to $45 per hour with a second increase occurring January 2024 to $55 per hour. He stated this was the first increase in six years. He also clarified these are the rates that would be charged to entities for non - sponsored Village events. MOTION: Council Member D'Ambra made a motion to approve the increase to the special detail rates for the Village of Tequesta Police Department; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 14. Consider Approval of Sports Tyme Inc. Facility Use Agreement for the 2023 Summer Camp at the Tequesta Recreation Center Parks and Recreation Manager, Greg Corbitt, stated the contract was similar to the previous year with an extended time frame for resident applications. MOTION: Council Member D'Ambra made a motion to approve the Sports Tyme facility use agreement; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 15. Consider Approval of Disaster Recovery Proposal & Extension of Backup Services Agreement IT Manager, Brad Gomberg, explained the new state statute 119.0725 which stated critical and exempt IT infrastructure vendors were confidential for cyber security. He also stated the disaster recovery agreement would allow the Village to maintain operations incase of an emergency. This agreement was a budgeted item and came in under budget. Village Attorney Davis provided more detail on the state statute and the confidentiality aspect which limited discussion and details. MOTION: Vice -Mayor Stone made a motion to approve the disaster recovery agreement; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 16. Consider Approval of Beach Road Design Guidelines Mayor Young introduced the design guidelines which Council initiated due to outdated code. Attorney Davis informed Council they could discuss the last three agenda items as a package since they were related. Council chose to keep the guidelines as a separate conversation. Community Development Director, Nilsa Zacarias, informed Council of her 32 years of experience and Master in Land Planning. She also introduced Land Planner, Lance Lilly, who also had Masters Degree in Land Planning. Mr. Lilly detailed the timeline of the design guidelines and the data used to create the guidelines that were presented. He highlighted the goals of the guidelines were to support development, encourage site plan and architectural design, ensure compatibility, provide flexibility, and communicate effectively with developers. There were four sections of the guidelines including building, landscape, site plan, and streetscapes. Mr. Lilly provided details on each section. He further explained a checklist would be completed by each applicant with detail provided on how each element was accomplished. The guidelines were heard at the last Local Planning Agency (LPA) meeting with unanimous approval. Mrs. Zacarias added the focus of the guidelines was aesthetics and articulations and the ordinances would focus on setbacks. Council Comments: Council Member Johnson expressed the need for further clarification and questioned if the guidelines were enforceable. Mrs. Zacarias further explained the guidelines focused on aesthetics and there was not a specific criteria on how many guidelines needed to be met. She compared it to a menu stating it gave developers options on what to use and not use when planning. Vice -Mayor Stone was concerned with what an applicant and Council could do if codes were met but not guideline criteria. Mayor Young felt the green building standards were best left as an individual piece. Council had a lengthy discussion on the guidelines, their purpose, the green building aspects and their enforceability. Attorney Davis expounded on the current code and it's subjective wording providing the example of the word harmony throughout the code. The guidelines were meant to assist with this subjective nature of the current code by giving the applicant tools to meet Village code criteria, though not as specific as setbacks, they would provide guidance. Citizen Comments: • Liz Schauer, 85 Teakwood Circle, announced she was an LPA member. She felt the guidelines provided developers some creativity. She praised Mr. Lilly and Mrs. Zacarias who sat with all LPA members to address all concerns and issues. • Mark Bideau, 350 Beach Road, felt the ordinances and guidelines created confusion and requested Council reject the guidelines. • Brian Seymour, an attorney representing Island House NE, stated the guidelines were not clear and was concerned with them being built into the code. • Tom Bradford, 44 Chestnut Trail, advised Council to modify the code through an ordinance stating guidelines would be provided at the Development Review Committee (DRC). He also stated the Environmental Advisory Committee (EAC) was working on the green building criteria but it would take time and it was best to reference the criteria now rather than wait. • Jonathan Griffis, 375 Beach Rd, also felt the setbacks and guidelines were very confusing. Mayor Young asked if the guidelines referenced exact setbacks, Mrs. Zacarias explained the guidelines states that the applicant must comply with all of Village code section 78- 143. It was further clarified that the guidelines were not dictating exact setbacks and parking instead they were referencing the code, therefore, if the code was not changed it would reference existing code. Attorney Davis advised Council to review the document at the next meeting to confirm all changes match the ordinances. MOTION: Council Member D'Ambra made a motion to accept the design guidelines with modifications to reflect the ordinances when approved and with green building standards removed; Vice -Mayor Stone seconded the motion. Carried unanimously 5-0. 17. ORDINANCE NO. 15-22, FIRST 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. TO CREATE A NEW DEFINITION FOR THE TERM "DESIGN GUIDELINES"; AT ARTICLE Vl. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-143. SCHEDULE OF SITE REQUIREMENTS. TO REVISE THE FRONT, REAR AND SIDE YARD SETBACK REQUIREMENTS FOR THE R-3 ZONING DISTRICT, AT ARTICLE Vl. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-175. R-3 MULTI -FAMILY DWELLING DISTRICT. TO ADD THE DESIGN GUIDELINES TO THE REGULATIONS FOR THE R-3 ZONING DISTRICT, AND AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-289. LOCATION OF ACCESSORY BUILDINGS. TO PROVIDE ADDITIONAL REGULATIONS FOR ACCESSORY STRUCTURES AND BUILDINGS EAST OF BEACH ROAD; AT CHAPTER 22. COMMUNITY DEVELOPMENT., ARTICLE ll. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82. GENERAL REQUIREMENTS RELATIVE TO SITE PLAN REVIEW. TO INCORPORATE THE DESIGN GUIDELINES INTO THE ARCHITECTURAL AND AESTHETIC REVIEW FOR DEVELOPMENT AND REDEVELOPMENT IN THE R-3 ZONING DISTRICT; AND AT CHAPTER 10. ANIMALS. ARTICLE Ill. SEA TURTLE PROTECTION., SEC. 10-67. SEA TURTLE PROTECTION PLAN REQUIRED. TO ADOPT PALM BEACH COUNTY'S TURTLE PROTECTION REGULATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. AND 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. Mrs. Zacarias introduced the definition for the design guidelines. She detailed the existing code and the proposed code changes to front yard setbacks, side yard setbacks, and rear yard setbacks. She also detailed the accessory building locations and general requirements relative to site plan review. Council Comments: • Council had lengthy discussions regarding the proposed site requirements and setbacks. • Council Member Brandon listened to the Land Planning Agency meeting and felt they had great discussion. She was not a proponent of redevelopment and did not think the additional 5 feet setback was a problem. • Council Member Johnson felt the guidelines and ordinance were very confusing and wanted to know the science regarding the additional 5 feet setback. • Council Member D'Ambra was not in favor of moving the setback an additional 5 feet and liked the changes in articulation. • Mayor Young preferred moving the setback an additional 5 feet from the shore, but felt it may be out of their jurisdiction. • Vice -Mayor Stone agreed with the comments from his fellow Council Members. Citizen Comments: • Sharon Wolfington, 350 Beach Road, expressed the need to clarify the ordinance or eliminate it. • Mary Beth Koch, 350 Beach Road, stated the guidelines and code felt arbitrary and that the residents on Beach Road needed more time to review them. • Scott Meece, 350 Beach Road, was against the ordinance and was not clear how it would be enforeceable. • Kathy Megrath, 275 Beach Road, did not feel the additional 5 feet was arbitrary and encouraged everyone to walk the beach to see the erosion and pay attention the trucks delivering sand to the beach. • Jonathan Griffis, 375 Beach Road, felt the setbacks would have a nominal effect on the square footage of the building and did not apply to the Burt Harris Act. • Mark Bideau, 350 Beach Road, felt building should be encouraged and not discouraged as newer buildings survived storms. He requested Council reject the ordinance. • Ron Klein, an attorney representing Michael Rutledge of 325 Beach Road, stated the concern was the language incorporated into the Ordinance. He requested the postponement of the first reading until it was cleared up. • Brian Seymour, an attorney representing Island House NE, asked for postponement as the additional 5 feet setback would infringe on density and property rights. • Tom Bradford, 44 Chestnut Trail, shared his opinion that Council had the ability to impose more restrictive setbacks. Council and Mrs. Zacarias addressed citizen comments by detailing the notice of all meetings that took place regarding the Beach Road design guidelines. Attorney Davis advised Council to make edits and bring the Ordinance back for review and first reading. MOTION: Council Member D'Ambra made a motion to table first reading and have staff edit based on discussions; Vice -Mayor Stone seconded the motion. Carried 3-2 (opposed: Council Member Brandon and Mayor Young). 18. ORDINANCE NO. 16-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-333. CONTENTS OF APPLICATION. TO REQUIRE IRRIGATION PLANS TO BE SUBMITTED IN CONJUNCTION WITH LANDSCAPE PLANS DURING THE SITE PLAN REVIEW PROCESS; SEC. 78-393. DEFINITIONS. TO REVISE THE "CANOPY TREE" DEFINITION; SEC. 78-397. PROHIBITED PLANT SPECIES. TO REVISE THE LISTED SPECIES NAMES AND ADD PROHIBITED SPECIES; SEC. 78-402. LANDSCAPING ON SINGLE-FAMILY AND DUPLEX LOTS. TO REQUIRE LANDSCAPE AND IRRIGATION PLANS; INCREASE THE PALM TREE HEIGHT AND REQUIRE NATIVE TREES AND SHRUBS; SEC. 78-403. LANDSCAPING ABUTTING RESIDENTIAL AREAS; PERIMETER PLANTING STRIP REQUIRED. TO REVISE THE SECTION HEADING, AND REVISE THE WALL, HEDGE AND LANDSCAPE BUFFER REQUIREMENTS; SEC. 78-404. GROUND COVER AND TREES IN PLANTING STRIPS. TO INCREASE THE REQUIRED PALM TREE HEIGHT, AND SEC. 78-409. LANDSCAPING AROUND PRINCIPAL STRUCTURES. TO REVISE THE LANDSCAPING REGULATIONS; AND AT ARTICLE X. OFF-STREET AND NON -STREET PARKING AND LOADING REGULATIONS., SEC. 78-705 REQUIRED NUMBER OF PARKING SPACES. TO INCREASE THE REQUIRED NUMBER OF PARKING SPACES FOR MULTI -FAMILY DWELLING DEVELOPMENTS OVER 20 DWELLING UNITS; 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. Mr. Lilly detailed the proposed changes of a thicker caliper tree, height info of the canopy tree, prohibited plant species, the R1, R2, and R1A district landscaping and irrigation plans requirements, and the updated landscape buffer criteria. He stated all proposed changes were made in collaboration with landscape architect, Steve Parker, who also works with the Village. Mrs. Zacarias reviewed the proposed changes to the guest parking and parking requirements to the R3 and multifamily developments. She stated there was no language in the current code regarding guest parking. An additional half space for the first 20 units was proposed which was derived from the review of other local municipalities parking requirements. Council Comments: • Council Member Johnson was interested in the shrub and parking requirements. It was explained the new shrub requirement took green standards and the Village Master Plan into consideration. They also explained the parking requirements were suggested based on direction from Council to look into other municipalities guest parking requirements. • Council Member Brandon suggested using a percentage for the guest parking requirement rather than a number. • Council Member D'Ambra felt two parking spaces per unit was sufficient. • Vice -Mayor Stone inquired if condos could have a shared parking agreement and would like to see a study on the parking. • Council Member Young was in favor of the landscape updates and felt parking was something that needed to be reviewed as there was not guest parking provision in the code. Citizen Comments: • Mary Beth Koch, 350 Beach Road, was against the parking requirement. • Sharon Worthington, 350 Beach Road, was confused on the landscape setbacks, Mr. Lilly clarified the changes were Village wide and not just for the R3 district. • Scott Meece, 350 Beach Road, was not in favor of the parking requirement and stated safety of the buildings was the number one priority for the Beach Road residents. • Mark Bideau, 350 Beach Road, felt there was no justification for more parking. • Ron Klein, representing Michael Rutledge of 325 Beach Road, stated there was not a problem with parking and that State legislation would address this issue in the future. • Brian Seymour, attorney for Island House NE, requested Council carve out the R3 district for the parking requirement. • Tom Bradford, 44 Chestnut Trail, detailed parking problems with condos in Juno. He felt an expert should be consulted to review parking. Council agreed to remove the parking requirement and discuss other options further. MOTION: Vice -Mayor Stone made a motion to pass Ordinance 16-22 on first reading with the deletion of Article 10 section 78-705 completely; Council Member Brandon seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member D'Ambra requested Council move forward with creating an appropriate use agreement to recognize capital and maintenance contributions and select a league for Tequesta Park. Mayor Young announced this was a scheduled item for the January Council meeting. Council Member Brandon requested clarification on water testing. She wanted to know why the Village was waiting until December 2023 when other surrounding municipalities were testing now. Manager Allen explained the water quality was not an issue in Tequesta, it was a costly test, and since there was not an issue the Village felt it was sufficient to do in December 2023 when it was mandated by the State. If Council desired it to be done sooner staff would accommodate the request. ADJOURNMENT The meeting was adjourned at 10:05 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting; Council Member Johnson seconded the motion. Carried unanimously 5-0. Respectfully submitted, & OL 4)� — 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.