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HomeMy WebLinkAboutDocumentation_Regular_Tab 03_4/13/2023Agenda Item #3. MINUTES STRATEGIC PLANNING WORKSHOP MEETING VILLAGE OF TEQUESTA, FL FEBRUARY 7, 2023 6:00 PM VILLAGE HALL CONFERENCE ROOM CALL TO ORDER AND ROLL CALL The meeting was called to order at 8:37 AM by Mayor Molly Young. Present were: Mayor Molly Young, Vice -Mayor Kyle Stone, and Council Member Frank D'Ambra, Late were: Council Member Laurie Brandon arrived at 8:45 AM. AGENDA ITEMS 1. Village of Tequesta Strategic Planning Workshop Facilitated by Herbert A. Marlowe, Jr., Ph.D. Mr. Herbert Marlowe, Jr. addressed Council and asked for feedback on what made Tequesta distinctive. Council Members gave a variety of answers, which included safety, close-knit community, pride, natural resources, special vibe, and being hidden and tucked away. Mr. Marlowe, Jr. then asked Council for their thoughts on the vision and missions for the Village moving forward. Council responded that agenda processes and communication had gotten better over the past several years; although some felt, there was still room for improvement. Mayor Young believed there was a pattern of things being dragged out due to lack of due diligence from subject matter experts. It was recommended that Council be clear in asking for the information needed. Additionally, Council should do their homework and review the agenda ahead of time. Mr. Marlowe, Jr. recommended maintaining a level of trust and keeping in mind that staff may not have the time needed for all of the requests. Council offered feedback on the subject of increasing communication with residents. Overall, Council agreed that staff did an excellent job communicating with residents and Page 11 of 556 Agenda Item #3. noted that residents had some responsibility as well. The topic of "8 man shifts" for the fire department was discussed with financial impact and safety being top priorities. Council would continue to monitor the situation. Council commented on the Kimley Horn Study with concerns being the financial element, resident vote, annexation and public safety. Road maintenance and sidewalk conditions were discussed with cost and maintenance being a priority. Annexation was a topic of discussion with cost, analysis and milage rate being considerations. Additionally, codes and ordinances within the Master Plan would continue to move forward. The Village Streetscape Plan was being discussed by the Environmental Advisory Committee (EAC) and would be forwarded to Council in the near future. Entry points into the Village were discussed with an emphasis on design and County participation. The plan would be modified and discussion would continue. The topic of purchasing critical land was discussed, and Council agreed on making it a goal to put aside money for future land opportunities (with Paradise Park as a priority) and the completion of Remembrance Park. Council commented on communication, community, accountability, resident needs and quality of life. ADJOURNMENT The meeting was adjourned at 1:30 PM 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. Page 12 of 556 Agenda Item #3. MINUTES Staff Town Hall Meeting For Ballot Referendums VILLAGE OF TEQUESTA, FL FEBRUARY 22, 2023 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Manager Jeremy Allen at 6:00 PM AGENDA ITEMS 1. Staff and Charter Review Board Introductions Manager Allen gave a brief history of the Charter Review Board and introduced Former Mayor and Charter Review Chair Abby Brennan. Ms. Brennan explained the intent, importance and process of the CRB (Charter Review Board) as it related to the following recommendations: 1. Term limits changing from 2 years to 3 years, with a limit of 3 consecutive terms. Also, after 3 consecutive terms, a full term wait (3 years) to run again for office. 2. Add candidate residency requirement of one continuous year in the Village of Tequesta. 3. Drawing of lots in a tie vote, to determine the election result. 4. Temporary appointments for Council Member vacancies. 5. Referendum voter approval prior to dissolving the police or fire departments. 6. Amendment providing for non -substantive text edits, internal consistency, and general clarification and organization. 2. Staff and Committee Review of the Proposed Charter Revisions Staff and Committee agreed with proposed revisions. Page 13 of 556 Agenda Item #3. 3. Staff Review of the Proposed Bond Referendum Manager Allen explained the process of issuing bonds for the acquisition of land or capital improvements. Through the feedback of residents, the Village Council would decide where to best utilize the funds. Additionally, Manager Allen provided different borrowing scenarios on how the bonds would work. CITIZEN COMMENTS Mr. Tom Bradford of 44 Chestnut Trail asked about bank loans vs. bonds. ADJOURNMENT The meeting was adjourned at 6:43 PM 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. Page 14 of 556 Agenda Item #3. Draft A MINUTES WORKSHOP MEETING VILLAGE OF TEQUESTA, FL FEBRUARY 27, 2023 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 Deputy Clerk Mary Ann Grieser. Present were: Mayor Molly Young, Vice Mayor Kyle Stone, Council Member D'Ambra and Council Member Brandon. AGENDA ITEMS 1. Workshop Discussion - Water Enterprise Fund - Utility Financial Forecast and Consideration of a Water Utility Baseline Rate Recalibration, Modified Project Schedule, and Capital Recovery Charge Utility Director Marjory Craig gave a brief synopsis of the recent water main break in the Country Club area and offered her professional opinion of the ac pipe being in serious need of replacement. She introduced financial consultant, Mr. Rob Ory to provide some potential options. Mr. Ory estimated the replacement cost of pipe throughout the Village system would cost $95 million dollars, for 75 miles of water distribution piping. He believed the pipe was approaching the end of its useful life with some areas over 70 years old. His power point presentation included information on: a 20-year financial forecast of operating and capital expenditure needs of the system (2023-2042),increases in inflation and BLS data thru 2022, a capital improvement plan, 20-year capital expenditure plan, A/C pipe locations throughout the Village, capital funding plan approach, 2023 funding plan, financial position, fiscal year 2023 rate comparison, and observations and conclusions. Council had questions regarding: operating reserves, revisiting the plan every 2-3 years, surveying the system for weaknesses, surcharge rates, over appropriated funds, transparency with fees and funds, grants, and rate increase examples. PaglRalftof 656 Agenda Item #3. Draft Mr. Tom Bradford, of 44 Chestnut Trail commented on the price increase for customers and the lack of reserves from prior years. Mrs. Marcia Nielson, of 94 Beechwood Trail commented on the proposed flat rate fee and asked that Council reconsider the charge. It was a Consensus of Council to bring a proposed plan to the next Regular Council Meeting. 2. Discussion on a Parking Study Proposal by McMahon Associates, a Bowman Company. Community Development Director Nilsa Zacarias explained the proposed parking study, which would provide information on guest parking in order to create a parking code amendment. Mr. Trent Ebersole of McMahon Associates presented a power point with a focus on guest parking within the proposed parking study. The study would include mixed use, R2 and R3 zoning areas. Council discussed and had concerns regarding the cost of the study. Ms. Nilsa Zacarias reminded Council that an ordinance change on parking should include a study. Council decided to hold off on performing the parking survey. 3. Discuss Professional Service Agreement with Kimley-Horn to Apply for Florida Department of Economic Opportunity Community Planning Technical Assistance Grant - Utility Undergrounding Master Plan Manager Allen reminded Council they had approved a feasibility assessment thru Kimley- Horn last year, which would be available soon. The Master Plan would be the next step and a grant application was available should Council choose to apply. If the grant was awarded to the Village, Council would have the option of accepting it or not, and moving forward with the master plan if they elected to do so. Mrs. Marcia Nielson of 94 Beechwood Trail asked why the assessment was being considered when some residents already had underground utilities. Mr. Tom Bradford of 44 Chestnut Trail commented on the lack of "assessment methodology" within the current proposed assessment. Mrs. Pat Watkins of 167 River Drive addressed Council and believed the costs could not be accurately depicted in the current economic climate. She also believed the timing was off for this expenditure. She also believed that the Countyline bridge was also an area that would be affected. PagfRalfie(ff 656 Agenda Item #3. Draft 4. Discussion on 2023 Citizen Survey Manager Allen provided a sample draft survey for Council's input. Council commented on residency, broadness of questions, naming parks that the Village owns, being more specific with questions (traffic), communication, business flair feedback, and adding specific environmental questions. Manager Allen would work on updating the survey and would send it back to Council for their input. 5. Discussion Regarding a New Village Code Section 14-8 for the Maintenance of Vacant Lots within the Village Building Director Jose Rodriguez presented several photos to Council showing a number of empty lots within the Village. He believed the lots were problematic due to the fact that when it rained, there was water runoff. Mr. Rodriguez believed landscaping would help the issue. Council discussed adding grass, grading, temporary swales, bahia grass, and the timeframe to plant sod. Mayor Young asked for the Building Department to do some research on temporary swales to help remedy the issue. Mr. Tom Bradford, of 44 Chestnut Trail commented on a lack of irrigation and felt 90 days was too long and that 30 days should suffice. He suggested adding the words "living" grass or sod. Council was fine with the 90 days to plant and expressed an interest in Bahia grass, as it needed no irrigation. The word "living" would be added to the wording. ADJOURNMENT The meeting was adjourned at 8:21 PM MOTION: Council Member D'Ambra made a motion to adjourn; Vice Mayor Stone seconded the motion. Passed 4-0. Respectfully submitted, Lori McWilliams, MMC PagfR cff 656 Agenda Item #3. Draft 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. PagfR of 656 Agenda Item #3. Draft A MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL FEBRUARY 9, 2023 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 - Vice -Mayor Kyle Stone An invocation was offered by Pastor Paul Beresford followed by the pledge of allegiance led by Vice -Mayor Stone. APPROVAL OF AGENDA Mayor Young added a letter of support for the Bureau of Land Management (BLM) to the Consent Agenda. MOTION: Vice -Mayor Stone made a motion to approve the agenda with addition of the letter of support for BLM to the Consent Agenda; Council Member D'Ambra seconded the motion. Carried unanimously 4-0. PRESENTATION 1. GAOA Shoreline Stabilization Project Public Presentation - Peter Dewitt, Bureau of Land Management Mr. Paul DeWitt of the Bureau of Land Management provided a presentation to Council seeking public input from the local communities regarding the Jupiter Inlet Lighthouse Outstanding Natural Area's shoreline stabilization project. He detailed the congressional designation made in 2008 and the need to stabilize the shoreline, which had been receding each year due to dredging and public use. Mr. Dewitt further highlighted the project details and objectives including break waters, a living shoreline, and floating dock. The National Environmental Policy Act required public participation in the planning and decision making Agenda Item #3. Draft process. The public comment period would end on February 26, 2023 and Mr. Dewitt provided a website link for the public to provide comments and feedback. CONSENT AGENDA MOTION: Vice -Mayor Stone made a motion to approve the consent agenda; Council Member D'Ambra seconded the motion. Carried unanimously 4-0. 2. MINUTES: 1218122 Regular Meeting, 12122122 Special Council Meeting; and 1112123 Regular Meeting 3. 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. Gerelco Traffic Controls, Inc. Pre-Emption Devices Installation Contract -Fire Dept., $986.00. B. Markay Consulting Group Professional Services Agreement -Utilities; See agreement for details. C. State of Florida Division of Emergency Management Federally Funded Subaward And Grant Agreement - Finance; See agreement for details. D. Unistrut Service Company Credit Application -Public Works, $NA E. Verizon Connect Global Positioning Systems Service Order -Public Works; See service order for details. 4. RESOLUTION NO. 04-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DISPOSE OF SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES 5. Consider Approval of the Annual Report of the Village Infrastructure Surtax Citizen Oversight Committee END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Mr. Joseph "Buddy" Frezza, 366 West Riverside Drive, requested Council consider removing the bike lanes on US1. Mr. Harold Taylor, 13 Chapel Court, thanked the Village for being proactive on fixing water utilities before they become a problem. He shared a story of another area outside of Florida experiencing problems from poorly maintained water pipes. COMMUNICATIONS FROM COUNCIL Vice -Mayor Stone explained Council's past conversations on roads and the decision to not spend Village money on state roads. Agenda Item #3. Draft APPOINTMENTS 6. Consider Appointment to Fill Two Environmental Advisory Committee Vacancies There were five applicants for the two Environmental Advisory Committee (EAC) vacancies. Mr. Gary DiBlasio withdrew his application. The remaining applicants addressed Council. • Jill Wenta was experienced in landscape architecture, real estate and her husband was a certified arborist. • Maria Claudia Meece was on environmental committees in other states and had a law degree. • Graham Philips was not present. • Clay Damon had applied for the Planning and Zoning Board, was a plant enthusiast, wanted to get involved in the Village, and cared about the community. Council discussed all applicants and agreed to appoint Mrs. Wenta and Mr. Damon to the EAC. MOTION: Vice -Mayor Stone made a motion to appoint Mrs. Jill Wenta and Mr. Clay Damon to the Environmental Advisory Committee; Council Member Brandon seconded the motion. Carried unanimously 4-0. STANDING REPORTS Village Attorney Village Attorney, Keith Davis, made Council aware of a case in the Fourth District Court of Appeals regarding legal advertisements of an Ordinance before adoption. The court overturned the circuit court decision essentially stating past practices were not valid and that a time certain announcement was not appropriate notice for a second reading. Moving forward the Village would need to readvertise the Ordinances. Village Manager 7. Village Manager Standing Report Manager Allen was working with the Federal Department of Transportation (FDOT) tc provide more notice for traffic issues. He announced two appropriations request for Tequesta Park and Dover Ditch. He also let Council know there would be requests of them to reach out to State Representatives concerning items moving through committees in Tallahassee during the 2023 session. Police Department 8. Police Department Standard Reports Agenda Item #3. Draft Assistant Police Chief, James McGrew, announced Detective Michael Loney received the Officer of the Year award from the American Legion and the promotion of Sergeant Luis Lopez to Lieutenant. He highlighted events the department took part in including the Palm Beach County Municipal Managers luncheon where they talked about blue suicide, the Tequesta Residents Action Committee (TRAC) meetings, Friends of Public Safety meeting, and Senator Rick Scott's fentanyl roundtable. Chief McGrew concluded with the announcement of a CBS 12 news story highlighting the creation of TRAC. Fire Department 9. Fire Department Standing Report Fire Chief, James Trube, began with detailing supply chain issues that were delaying the new fire vehicles. The Ladder truck was expected at the end of April or early May, and the Engine was delayed three to four months with a 2024 delivery. He stated all traffic management devices would be installed pending their delivery. Chief Trube announced the hiring of a new firefighter and the promotions of Lieutenant Dave McGovern to Captain and Firefighter Jason Fawcett to Lieutenant. He also announced Captain McGovern received the Firefighter of the Year award from the American Legion. Vice -Mayor Stone suggested Council begin discussions regarding a new Rescue Truck to allow for a 30-month lead time. UTILITIES 10. Utilities Department Standing Report Utilities Director, Marjorie Craig, stated the El Portal contract would be back to Council in April. She highlighted the water utility financial feasibility study would be ready for a workshop and there was a cost increase due to supply chain issues. She concluded by reviewing the monthly dashboard. REGULAR AGENDA OLD BUSINESS 11. ORDINANCE 1-23, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE 1. — BOARDS, COMMITTEES AND COMMISSIONS. BY CREATING AN ENTIRELY NEW SECTION 2- 2. — MEETING ATTENDANCE REQUIREMENTS FOR APPOINTEES, TO PROVIDE ATTENDANCE REQUIREMENTS FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-3. — VIRTUAL ATTENDANCE LIMITATIONS, TO PROVIDE LIMITATIONS ON THE USE OF VIRTUAL MEETING ATTENDANCE FOR APPOINTEES; AND BY CREATING AN ENTIRELY NEW SECTION 2-4. — ELIGIBILITY FOR APPOINTMENT, TO PROVIDE MINIMUM BOARD, COMMITTEE OR COMMISSION APPOINTMENT ELIGIBILITY CRITERIA; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. Agenda Item #3. Draft 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. MOTION: Council Member D'Ambra made a motion to approve Ordinance No. 01-23; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 12. ORDINANCE NO. 02-23, 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. TO CREATE A NEW DEFINITION FOR THE TERM "DESIGN GUIDELINES"; AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78- 143. SCHEDULE OF SITE REQUIREMENTS. TO REVISE THE FRONT 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 MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL FOR COMPLETING DEVELOPMENT APPLICATIONS FOR PROPERTIES IN 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; AND AT CHAPTER 22. COMMUNITY DEVELOPMENT, ARTICLE II. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82. GENERAL REQUIREMENTS RELATIVE TO SITE PLAN REVIEW. TO MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL FOR COMPLETING DEVELOPMENT APPLICATIONS FOR PROPERTIES IN THE R-3 ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22 COMMUNITY DEVELOPMENT, 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. This was second reading. Citizen Comments: • Ed O'Sullivan,19950 Beach Road Claridge Condominium, was concerned with elevations, sea levels, and lack of parking. MOTION: Council Member D'Ambra made a motion to approve Ordinance No. 02-23; Vice -Mayor Stone seconded the motion. Carried 3-1 (opposed: Council Member Brandon). 13. Consider Approval of Agreement for Demolition Services with Rapid Removal, Inc. Agenda Item #3. Draft Public Works Director, Doug Chambers, explained the quote was already approved by Council and this was putting a contract in place. Council Member D'Ambra suggested differing the vote until a full Council was seated. Council felt it was important to move forward due to the safety of the structure and feedback from the community during the parks master plan. MOTION: Vice -Mayor Stone made a motion to approve the agreement for demolition with Rapid Removal; Council Member Brandon seconded the motion. Carried 3-1 (opposed: Council Member D'Ambra). NEW BUSINESS 14. RESOLUTION NO. 05-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA REQUESTING LEGISLATIVE EXEMPTION FROM THE PREEMPTION LAWS GOVERNING THE REGULATION OF PESTICIDES WITHIN THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES The Environmental Advisory Committee asked for the resolution to allow the Village to regulate pesticides. MOTION: Council Member D'Ambra made a motion to approve Resolution No. 05-23; Council Member Brandon seconded the motion. Carried unanimously 4-0. 15. Consider Approval of Authorization of Award and Execution of a Contract to B&B Underground Construction, Inc., for Water Main Replacement Program Project No. 1 and No. 4 for $3,560,490 Utilities Director, Marjorie Craig, explained the price increase for the watermain replacement project one and four. Council had a detailed discussion concerning the time frame, construction phases, and logistics. MOTION: Council Member D'Ambra made a motion to approve the contract for water main replacement project one and four; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 16. Consider Approval of Jupiter Environmental Laboratories Agreement and Requisition for $25, 776 through Single Source Purchasing Mrs. Craig detailed the different lab certifications, tests, their use, and implementation. MOTION: Council Member D'Ambra made a motion to approve Jupiter Environment Laboratories agreement; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. Agenda Item #3. Draft 17. Consider Approval of American Water Chemicals, Inc. Agreement and Requisition for $12,470.00 for Anti-scalant for Water Treatment through a Piggyback on the City of Clearwater's Contract MOTION: Council Member D'Ambra made a motion to approve the American Water Chemicals agreement; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 18. Consider Approval of an Agreement with Duval Ford for Purchase of a 2023 Ford F250 4x4 for the Utilities Department through the Florida Sheriff's Association Contract for a cost of $52,472, and to Increase the Budget Accordingly Mrs. Craig and Mr. Chambers explained the two year inventory delay for vehicles. The budgeted amount for the vehicle was $38,000 but due to inventory issues the cost increased to $52,000. They hoped to recuperate some of the cost with the sale of the older vehicles. MOTION: Council Member D'Ambra made a motion to approve the agreement with Duval Ford to purchase a 2023 Ford F250 4x4 for the Utilities Department; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 19. Consider Approval of Palm Beach County Piggyback Agreement and $37,000 Requisition with Shrieve Chemical Company, LLC, for the Purchase of Sulfuric Acid for Water Treatment MOTION: Council Member D'Ambra made a motion to approve the Palm Beach County piggyback agreement with Shrieve Chemical Company; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 20. Consider Approval of Inliner Solutions Piggyback Agreement With Volusia County for Urgent/Emergency Stormwater Drainage Pipe Lining Repairs for $209,463 MOTION: Vice -Mayor Stone made a motion to approve Inliner Solutions piggyback agreement with Volusia County for urgent/emergency stormwater drainage pipe lining repairs; Council Member D'Ambra seconded the motion. Carried unanimously 4-0. 21. Consider Approval to Piggyback Palm Beach County Annual Small Paving and Construction Contract Mr. Chambers explained the item was for the approval of the contract and any projects associated with the contract would come back individually for Council approval. MOTION: Council Member Brandon made a motion to approve the Palm Beach County annual small paving and construction piggyback agreement; Council Member D'Ambra seconded the motion. Carried unanimously 4-0. Agenda Item #3. Draft ANY OTHER MATTERS Mayor Young was reaching out to the Palm Beach County Chamber of Commerce for their support with the appropriations for both Tequesta Park and the Dover ditch project. She also announced Attorney Davis was researching the per -and polyfluoroalkyl substances (PFAS) lawsuit to see if it was something the Village should join. Attorney Davis announced he had reached out to the attorneys in South Carolina and was given some research to complete. Manager Allen announced the Village Town Hall on February 22, 2023 regarding the 2023 election ballot questions and the openings for the Residents Academy. ADJOURNMENT The meeting was adjourned at 8:26 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting; Mayor Young seconded the motion. Carried unanimously 4-0. 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. Agenda Item #3. Draft A MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL MARCH 9, 2023 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 - Council Member Frank D'Ambra An invocation was offered by Council Member Frank D'Ambra followed by the pledge of allegiance. APPROVAL OF AGENDA Item ten was pulled from the agenda at the request of the applicant. MOTION: Vice -Mayor Stone made a motion to approve the agenda with the removal of item 10; Council Member D'Ambra seconded the motion. Carried unanimously 4-0. PRESENTATION 1. Presentation of the Abby Brennan MayorAward Mayor Young presented the Abby Brennan Mayor Award to Mrs. Liz Schauer. Mayor Young highlighted Mrs. Schauer's thirty years with the Village including her time on Council and her current role on the Planning and Zoning Committee. She also acknowledged Mrs. Schauer's work with her local church. Mrs. Schauer accepted the award and thanked Mayor Young and Council. 2. Presentation of Appreciation Plaque to Outgoing Council Member/Vice-Mayor Kyle Stone Agenda Item #3. Draft Mayor Young presented Vice -Mayor Stone with a plaque of appreciation. She highlighted his years of service on Council and thanked him and his family for their work and support. Vice -Mayor Stone accepted the plaque and thanked the Village and Council, of which he was honored to serve on. 3. Annual Public Safety Pension Board Update - Chair Kris Cowles Public Safety Pension Board Chair Kris Cowles provided Council with a quarterly pension update presentation. He announced the Police reserve balance would be depleted after this year and the Firefighter portion was up 2% from the previous year. He provided Council details from the actuarial evaluation, stating it was less favorable than expected due to investment losses and the addition of six firefighter members for the time they were interim firefighters. The actuary also commented the plan was in a good position because it was overfunded, had stable contributions, and reasonable assumptions. Mr. Kowles provided Council with the fees and noted they were below 1 % which was standard or below average. He also noted the investment performance was running around the 50th percentile which was also standard. He concluded by stating the board was reviewing the interim Firefighter participation, discussing federal pension legislations and internal controls, and considering and actuarial experience study. Council Comments: Vice -Mayor Stone asked if the board was having conversations on changing allocations and increasing bond holdings due to interest rates. Mr. Kowles confirmed they were discussing this and watching the interest rates. Council Member D'Ambra questioned the duration, and requested administration fees and investment consultant fees be included on the next presentation. Mr. Kowles stated the duration had come down with interest rates in the positive direction, but still had concerns about the interest rates. 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. 4. MINUTES: 1130123 Workshop 5. 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. Cameron H. Fockler Agreement - Parks & Recreation, $9,995.00. B. Dive Rescue International Host Agreement -Fire Department, $900.00 per student. Agenda Item #3. Draft C. Dive Rescue International RIT Host Agreement -Fire Department, $450.00 per student. D. FPL LED Lighting Removal Agreement -Public Works, $1,702.52 E. Gerelco Traffic Controls Pre-Emption Installation Contract -Fire Department, $986.00. F. Holtz Consulting Services Work Authorization -Utilities, $1,930.00. G. Inliner Solutions Proposal - Utilities, $7,725.00. H. Kimley-Horn Professional Service Agreement-DEO Community Planning Technical Assistance Grant- Administration, $3,500.00. L Martin County Tower and Ground Space Lease -Utilities, $1,350.62 Annually. J. Mock, Roos & Associates NPDES Annual Report Assessment Work Authorization - Utilities, K. Parker Yannette Landscape Architectural Services Agreement -Public Works, $2, 000.00. L. Southeastern Printing Services Estimate 23042 and 20344-Village Clerk, $3,400.00. M. Wolverine Roofing, Inc. Proposal -Public Works, $3, 004.33. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS There were none. COMMUNICATIONS FROM COUNCIL Council Member Brandon acknowledged citizen feedback was being heard and thanked Vice - Mayor Stone for his hard work and dedication to the Village and to Council. Council Member D'Ambra thanked Vice -Mayor Stone for his work. He acknowledged Hannah's Home and thanked Firefighter Captain Dave McGovern for donating to the Hannah's Home Gala. Vice -Mayor Stone was excited for Tequesta's future and thanked everyone for the recognition. STANDING REPORTS Village Attorney Village Attorney, Keith Davis, stated is was a pleasure to worth with Vice -Mayor Stone. Village Manager 6. Village Manager's Monthly Report Village Manager, Jeremy Allen, announced the community survey was available for all residents until March 31 st, election day was March 14th, as well as, Coffee with the Agenda Item #3. Draft Manager, the Resident's Academy was full and would begin on April 4th, and the bridge was closed starting Monday, March 13th. Police Department 7. Police Department Standing Report Police Chief, Gus Medina, thanked Vice -Mayor Stone for his time on Council. He announced two new members to the Tequesta Residents Action Committee (TRAC): Michelle Berg and Jimmy Newman, the completion of the firearms training for officers, and an upcoming 5-year contract with the Bureau and Land Management (BLM). He concluded by thanking Assistance Chief James McGrew, Sergeant Emir Yildiz, and Corporal Tom Jarrell for their work on the accreditation by Florida Mutual Insurance Trust Level 2. The Tequesta Police Department was one of only two departments to receive the accreditation. Council Member Brandon requested the department continue with school bus safety as the bridge closes. Council Member D'Ambra inquired on the Rick Scott Fentanyl Roundtable. Chief Medina detailed the conversations which focused on securing borders. Fire Department 8. Fire Department Standing Report Fire Chief, James Trube, also thanked Vice -Mayor Stone for his service on Council, and highlighted the different trainings the department participated in. He provided Council with updates on the traffic preemption device installation, ladder truck delivery, and expected engine truck delivery. Chief Trube also informed Council that Palm Beach County Fire Rescue was observing the need for staffing and an engine on the North side of the US1 Bridge. He concluded with the announcement of Fire Fighter Zach Wichert as fire plan reviewer, the hiring of two new firefighters, and the promotion ceremony for Dave McGovern to Captain and Jason Fawcett to Lieutenant on March 10th. UTILITIES 9. Utilities Department Update Utilities Director, Marjorie Craig, announced the updated approvals for the utility rate change and the El Portal project would be brought to Council next month. She stated the cross connection was moving toward compliance with inspections forthcoming, the website portal use was increasing, and the Tequesta Drive water main replacement was on hold due to the US1 Bridge closure and traffic. Agenda Item #3. Draft REGULAR AGENDA OLD BUSINESS - None NEW BUSINESS 10. POSTPONED: This item has been postponed at the applicants request: Consider Conceptual Presentation by 2GHO for a 41-unit multifamily residential development in the Mixed Use Zoning District. 11. ORDINANCE 03-23, 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. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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 first reading. Community Development Director, Nilsa Zacarias, detailed the amendment of the zoning code for the location of fences for certain deeper lots. Provisions were recommended by the Local Planning Agency (LPA). She further detailed the Ordinance would remove the application for a variance, but all applications would still go through the normal application process for Planning and Zoning (P&Z) approval. Council Comments: • Council Member Brandon wanted to make sure there was enough room from the sidewalk to the gate so delivery trucks would not impede the flow of traffic. • Council Member D'Ambra and Vice -Mayor Stone felt this would simplify the application process. • Mayor Young did not feel a change was warranted and wanted more information on different fence heights. • Vice- Mayor Stone clarified fence aesthetics were handled during the P&Z review. Mrs. Zacarias confirmed that was true, fences would still need to be harmonious with the area. Citizen Comments: Mrs. Pat Watkins, 167 River Drive, was in favor of the ordinance stating setbacks varied and six feet was the standard fencing height. She also explained the variance application was an additional expense to the applicant and these costs needed to be considered. Mr. Tom Bradford, 44 Chestnut Trail, felt six feet chain link fences were unattractive parallel to the road. Agenda Item #3. Draft Mrs. Liz Schauer of the LPA and P&Z Boards explained the need to bring this Ordinance forward as a housekeeping item. All variances that related to this topic were consistent and had been approved. Mr. Harold Taylor, 13 Chapel Court, also stated 6 feet was the standard fencing height and any other height would drive up costs. The motion tied and no action was taken. Council Member D'Ambra requested the Ordinance be brought back when the full Council was seated. MOTION: Vice -Mayor Stone made a motion to approve Ordinance No. 03-23; Council Member D'Ambra seconded the motion. DEFEATED. 2-2 (opposed: Mayor Young and Council Member Brandon). 12. ORDINANCE 04-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS., AT ARTICLE III. SEA TURTLE PROTECTION. BY REPEALING THIS ARTICLE IN ITS ENTIRETYAND RE -ADOPTING IT IN ORDER TO INDICATE THE VILLAGE'S ADOPTION OF AND ADHERENCE TO PALM BEACH COUNTY'S SEA TURTLE PROTECTION REGULATIONS AND IMPART UPON PALM BEACH COUNTY THE JURISDICTION AND ENFORCEMENT AUTHORITY FOR SUCH REGULATIONS; AND ALSO RETAIN VILLAGE REGULATIONS REGARDING STANDARDS FOR MECHANICAL BEACH CLEANING; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. 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 first reading. Community Development Planner, Lance Lilly, stated the ordinance would place the Village in compliance with the Palm Beach County Code and give jurisdiction of sea turtle protection to the County. This was heard by the LPA which recommended approval. Also present was Teal Kawana, the Environmental Analyst of Palm Beach County. She explained they monitored the Jupiter Inlet Colony and unincorporated areas. The Village falls in the middle of the areas they monitored and would add approximately six additional properties. Council had a lengthy discussion on giving jurisdiction to the County or retaining the authority. Council requested a detailed comparison of the County Ordinance and Village Ordinance before making a decision. The item was postponed pending the comparison. MOTION: Council Member D'Ambra made a motion to postpone the Ordinance until further review of the County and Village Ordinance was completed; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. Agenda Item #3. Draft 13. ORDINANCE 05-23, 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 SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE VETERINARY OFFICE AS A SPECIAL EXCEPTION USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION 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 first reading. Community Development Planner, Lance Lilly, detailed the previous discussion from the January workshop. He stated a Veterinarian office was only allowed in the C3 district and this would allow it in the C2 district with a Special Exception Use (SEU). The LPA requested Veterinarian offices in C2 be placed in free standing buildings due to waste. Citizen Comments: Dr. Myles Rowley, 99 Fairview West, was the Veterinarian office applicant and clarified the office would not be boarding animals or providing emergency care. The 24 hour care would only be used for monitoring animals after a procedure and as needed. MOTION: Council Member D'Ambra made a motion to approve Ordinance 05-23; Vice - Mayor Stone seconded the motion. Carried unanimously 4-0. 14. Consider Approval of the Renewal of Palo Alto Security Services MOTION: Council Member D'Ambra made a motion to approve the renewal of Palo Alto security services for a three year term; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 15. Consider Approval for Engineering Services for Roadway and Drainage Improvements in the Country Club Community Public Works Director, Doug Chambers, explained the work authorization with Kimley-Horn was for age related pavement deterioration. A topical survey of the road was performed and plans would be provided to the contractors which would assist with the 2024 road improvements. Citizen Comments: • Mr. Tom Bradford, 44 Chestnut Trail, inquired if the core sample revealed muck as the problem. Mr. Chambers confirmed it did not reveal muck as the issue, instead it was poor compaction. Agenda Item #3. Draft MOTION: Council Member D'Ambra made a motion to approve engineering services for roadway and drainage improvements in the Country Club community; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 16. Consider Approving a Letter of Support for the Indian Trail Improvement District Supporting the Right for Voters to Hold a Special Referendum Election in November 2023 to Approve or Oppose Becoming a Home Rule Municipality Named the Village of Loxahatchee Attorney Davis explained the letter of support for a referendum for voters to decide if the Indian Trail Improvement District should become the 40th Palm Beach County Municipality known as the Village of Loxahatchee. Council Comments: • Mayor Young was opposed to the letter as she felt more research and information was needed. • Council Member D'Ambra supported the letter and the citizens right of self determination. He stated there was criteria that needed to be met, but this letter was for support of the citizens right to vote on becoming a municipality. Citizen Comments: • Mr. Tom Bradford, 44 Chestnut Trail, agreed with Council Member D'Ambra and fellow citizens rights to self determination. He added a local municipality was the strongest form of government. MOTION: Council Member D'Ambra made a motion to approve the letter of support for the Indian Trail Improvement district to hold a special referendum election in November 2023 to become the Village of Loxahatchee; Vice -Mayor Stone seconded the motion. Carried 3-1 (opposed: Mayor Young). 17. Update on 2023 Legislative Session Council discussed the Florida League of Cities priorities for the 2023 Florida Legislative session and whether to take an additional stance on other bills that were being presented during the legislative session. Mayor Young read bills HB 671, SB 682, HB 975, SB 798, SB 1380, HB 1331, HB 1197, S131240, HB 833, SB714, HB1153 and SB1432 into record. Council discussed the bills in great length paying special attention to any bills regarding vacation rentals and home rule. They were unanimous in supporting home rule and the ablility to regulate vacation rentals. MOTION: Council Member D'Ambra made a motion to support, but not limited to, the bills read into record and any additional bills supporting home rule; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. '.•",Sig-�; •rS Agenda Item #3. Draft ANY OTHER MATTERS Council Member Brandon informed Council of the Environmental Advisory Committee's research on ways to incentivize residents to become more green. Vice -Mayor Stone encouraged Council to consider continuing to select a new Mayor each year. ADJOURNMENT The meeting was adjourned at 7:42 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting; Vice -Mayor Stone seconded the motion. Carried unanimously 4-0. 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.