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HomeMy WebLinkAboutMinutes_Regular_2/9/2023MINUTES 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 Vice -Mayor 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 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. 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; Vice -Mayor 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) to 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 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. 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 1. 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 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 Il. 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: Vice -Mayor Brandon). 13. Consider Approval of Agreement for Demolition Services with Rapid Removal, Inc. 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; Vice -Mayor 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; Vice -Mayor 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. 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: Vice -Mayor 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. 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, 'A r WAVz-)- 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.