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HomeMy WebLinkAboutMinutes_Regular_3/9/2023F'[ 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 Vice -Mayor 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 Mayor Award 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 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. 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. I. 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 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. 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. 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 Vice -Mayor 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 ENTIRETY AND 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. 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. 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, SB1240, 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. 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, ow-z- 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.