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HomeMy WebLinkAboutMinutes_Regular_10/12/2023 N i` MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL OCTOBER 12, 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 Laurie Brandon, Council Member Patrick Painter, and Council Member Rick Sartory. Absent were: Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE - Vice-Mayor Laurie Brandon An invocation was offered by Vice-Mayor Brandon followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Sartory made a motion to approve the agenda with item 16 postponed; Council Member Painter seconded the motion. Carried unanimously 4-0. PRESENTATION 1. Presentation on Veterans Monthly Coffee Event Council Member Sartory introduced Kevin O'Brien, Commandant, General A.A. Vandegrift Detachment, Marine Corps League who showed a short introductory video to request Council's support of Coffee with a Veteran. He explained it was similar to Coffee with a Cop where residents and Veterans could talk about Veteran service organizations, VA Hospital issues, and other Veterans' affairs. Council Member Sartory felt it was consistent with Village support. He was sponsoring the first event and thought Council could rotate support at different coffee shops within the Village during season, approximately 4-5 months. He also requested, with Council's approval, promoting it on the Village social media outlets. Council agreed to host the first event and see how it was received before hosting future events. 2. Proclamation Proclaiming October as National Disability Employment Awareness Month Village Clerk McWilliams read the proclamation into record; it was accepted by Torrance Bostic, Program Manager for Best Buddies Palm Beach. He introduced David Diperi, Vice President of Best Buddies at Jupiter High School, who detailed the goals of developing friendships and creating bonds between people with and without disabilities. He also detailed their advocacy for employment and independence for those with intellectual and developmental disabilities. They both thanked the Village and directed those with disabilities, looking for employment, to visit bestbuddies.org CONSENT AGENDA MOTION: Council Member Sartory made a motion to approve the Consent Agenda as presented; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0. 3. MINUTES: August 14, 2023 Workshop; September 5, 2023 Workshop; September 14, 2023 Special (Budget); and September 21, 2023 Special (Budget) 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. Handtevy Pediatric Emergency Standards, Inc. Quote Q09645-Fire Department, $3,990.00. B. Sprint T-Mobile Md7 Capital Site License Second Amendment Agreement-Public Works, $N/A. C. TAW Annual Generator Maintenance Service Agreement-Public Works, $3,500.00 D. Zoll Expertcare Extended Warranty & Preventative Maintenance Contract-Fire Department, $3,926.9 7. 5. Consider Approval of Kimley Horn and Associates Work Authorization for RO Concentrate Main Conflict Engineering Services Related to the FDOT US1 Bridge, Not to Exceed$32,250 6. Consider Approval of Johnson & Davis, Inc. Construction Contract for the RO Concentrate Main Conflict Related to the FDOT US1 Bridge, Not to Exceed$73,899 7. SE 05-23 - This is a Special Event application for a Family Fall Festival event on 1011412023 from 11:30 a.m. - 4:00 p.m. for -200 attendees by the Good Shepherd Church to take place on its premises located at 402 Seabrook Rd. There will be activities such as bounce house, pumpkin patch, etc. There also will be food trucks and drinks available. Alcohol will be served. The applicant has provided proof of insurance and alcohol license. 8. Consider Adoption of Procurement Card Policy and Procedure END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, acknowledged Buidling Director, Jose Rodriguez, and his work for the Village. He also gave kudos to the landscape architects of 691 US 1 as it was the best in the Village and broke up the bulk of the building. Travis Johnson, 68 River Drive, made Council aware of the broken storm drain and subsequent hole on his property. He had spoken with David Tinoco, Superintendent of Water Distribution & Storm Water, and knew the Village was working on a fix, but wanted to see if he could speed up the process as it was a safety issue. Marjorie Craig, Utilities Director, and Manager Allen would follow up with Mr. Johnson after the meeting. Les Gelber, 72 River Drive, also addressed the hole at 68 River Drive. He had pulled children out of the hole before and felt it was a very dangerous situation. He asked if there was protocol for emergency situations like this. Amy Angelo, Oceana Coffee, asked Council to re-visit the restriction of formula businesses within the Village. Council agreed to add the topic to a future workshop agenda including any State updates on the topic. COMMUNICATIONS FROM COUNCIL Council Member Sartory addressed the speed at which the lights and railroad crossing arms went down when the Brightline train passed. He thanked staff and Brightline for addressing the issue as it seemed to be better. Council Member Painter also addressed the train tracks over the intracoastal waterway along Alternate A1A. He thought tracks could not be down for longer than 30 minutes, but had been stuck, unable to cross into Tequesta by boat, for several hours. Vice-Mayor Brandon updated Council on the Environmental Advisory Committee's initiative on expanding the recycling cans within the Village. She also thanked Public Works, Utilities, and the Clerk for keeping the residents up to date on the El Portal road closures. Mayor Young spoke at the Martin County delegation legislative meeting to request support of Tequesta Park funding, they were pleased to hear about the Village's matching funds. She would be attending the Florida League of Cities state policy committee meetings and speaking with Palm Beach County delegations on policy priorities. STANDING REPORTS Village Attorney Village Attorney Keith Davis announced his involvement at the October 27th Palm Beach Transportation Planning Agency affordable housing symposium. He would be a panelist regarding the legal framework of the Live Local Act. Village Manager 9. Village Manager Standing Report Manager Allen announced train volume was increasing as Brightline was at full service, the El Portal project was 25% completed and the project would pick up speed now that it was on the South side, and thanked Jose Rodriguez for his work as the building official and the structure he brought to the department. He was leaving a positive impact on the Village. Mayor Young inquired on next steps after the Business Flare update; Manager Allen stated that staff was looking at new initiatives with the ShopVOT program, per the recommendations, at the time only two businesses had shown interest. Police Department 10. Police Department Standing Report Chief Gus Medina highlighted the success of National Night Out and congratulated Lieutenant Keith Smolen for spearheading the event. He announced former Jupiter Inlet Colony Chief John Pruitt had joined the department, the assistance the department provided Florida Fish and Wildlife Commission (FWC) in locating a missing diver, and the two-day program Assistant Chief McGrew and Pasto Paul Beresford attended on mental well-being. They hoped to implement the program here and all over Palm Beach County. Fire Department 11. Fire Department Standing Report Chief James Trube thanked Jose Rodriguez for his partnership. He announced the success of the September 11th ceremony, the two new conditional hires, flood water classes, elevator rescue and operations training, and provided pictures of the department from the past 30 years. UTILITIES 12. Utilities Department Monthly Report Mrs. Craig highlighted star recipients Joseph O'Connor, Chance Fell, and Juan Rivas. She detailed the El Portal project and attempts to have it tidied up before Halloween, the Dover Ditch draft agreements was imminent, and provided water treatments updates on proactive pre-screenings for PFAS and lithium testing. She informed Council on a call from the US1 bridge replacement team regarding a conflict with two water sewer structures that would have needed to be addressed without reimbursement from the Department of Transportation, but was happy to announce the issue was resolved without any needs from the Village. She concluded with reviewing the dashboard and last fiscal year. REGULAR AGENDA OLD BUSINESS 13. CONTINUED FROM 9114123 - VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. Attorney Davis announced VAR 1-23 was a Quasi-Judicial matter and placed two individuals under oath. There were no ex-parte communications to disclose. Community Development Director, Jay Hubsch notified Council of one change from the previous discussion; the dock could not be wider than 5 feet per the Village's comprehensive plan, therefore the variance for width was not eligible. The waiver was still needed for the length. Danna Small provided confirmation from the Department of Environmental Protection (DEP) that shortening the dock was not permissable as it would create a greater impact to the environment. She also provided information from DEP that stated a professional mangrove trimmer was not required. Images of the area were shown that illustrated mangroves were not in the walkway, only lateral trimming would be needed which did not result in a net loss of mangroves. She further detailed the sea grass growth in the area. Mr. Hubsch read the September 29, 2023 letter from DEP into record which stated seagrasses would not necessitate a permit modifications and constructing the dock in the same footprint limited impacts to the area. Ms. Small also detailed how the new dock would be designed to allow continued recruitment of seagrass. The previous dock design had not considered seagrass recruitment. The dock would also not be constructed for motorized vessels. Council Comments: • Council Member Painter confirmed staff recommended a mangrove trimmer as a condition of approval. • Vice-Mayor Brandon suggested the professional mangrove trimmer because of the amount of lateral trimming needed, but was ok with the letter from DEP. • Mayor Young stated the conditions of approval were the Army Corps of Engineers permit and a DEP letter. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, advised Council they needed to state the application for a hardship was valid. Mayor Young clarified the hardship was in the agenda backup and was due to the seagrass recruitment. She restated the conditions of approval included an updated Army Corps of Engineers permit, a professional mangrove trimmer, and future applications to Council if they were to add motorized vessel usage. MOTION: Council Member Painter made a motion to approve VAR 1-23 with the conditions of an updated Army Corp of Engineers permit, a letter from DEP, and future modification applications to Council for approval-, Vice-Mayor Brandon seconded the motion. Carried 3-1 (opposed: Council Member Sartory) (absent: Council Member D'Ambra). NEW BUSINESS 14. Conceptual Presentation By 2GHO, Inc To Develop A Convenience Store With Fuel JC Sales At 150 Tequesta Drive Attorney Davis provided a legal disclaimer for conceptual presentations stating that the conceptual presentation was not mandatory, was not a quasi-judicial proceeding, council action would not be taken beyond discussion, and the outcome and comments were not a guarantee or assurance of the final action that may be taken by the Council. It was the Village's opinion and position a zoning text amendment was required due to the type of convenience store/gas station allowance in the current mixed use district definitions. Troy Holloway of 2GHO presented the conceptual design for a WAWA at the former Bank of America building. It would include 6 gas pumps and 12 fueling stations. He provided a conceptual siteplan with outdoor seating and detailed the shared parking agreement would remain as well as the existing access points. An expanded landscape buffer would be included to meet new codes as well as generous setbacks. He also detailed the history of WAWA for Council including their expansion into Florida, generous employee benefits, charitable contributions, and reputation of a clean store with expanded food options for customers. He felt the definitions in the code were a bit convoluted, but they could work together to get past that if Council was open to it. Council agreed that they did not feel this was the right vision for the Village. They were concerned with the impact to local businesses, the number of gas stations already in the Village, and the major zoning amendments required. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, was concerned with the location and intensity of use. • Amy Angelo, Oceana Coffee, thanked Council for thinking of the small businesses. • Pat Watkins, 167 River Drive, thought WAWA was a great businesses, but not a great fit for Tequesta. 15. Council Consideration to Sponsor the Meals on Wheels "Pie-it-Forward" 2023 Fundraiser and Serve as a Corporate Pickup Site Manager Allen offered details on Village Hall being a site pick-up for the Meals on Wheels "Pie-it-Forward" campaign. The pies were donated by local restaurants and sold to the public. Each pie sale would help contribute one hot meal for local homebound senior citizens. Council Member Sartory announced his wife worked for Meals on Wheels but the Village's participation in the event had no financial benefit to her or his family. He also explained how Meals on Wheels was not a recipient of government funding and this was one of their largest fundraising events. Mayor Young asked if any other cities were involved and if the Village was a sponsor or pickup site. Council Member Sartory did not believe other cities had been asked in the past and this year the organization was expanding their involvement. The Village want not a sponsor. MOTION: Vice-Mayor Brandon made a motion to approve the Meals on Wheels "Pie-it- Forward" corporate pick-up site and team; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 16. POSTPONED: ORDINANCE NO. 12-23, FIRST READING AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE Vl. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE Vl. SCHEDULE OF DISTRICT REGULATIONS. AT SECTION 78-178. C-3 GENERAL COMMERCIAL DISTRICT., TO ADD PRIVATE MUSEUM AS A SPECIAL EXCEPTION USE, AND AT ARTICLE X. OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS. AT SECTION 78-705. REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR THESE ESTABLISHMENTS; 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. 17. ORDINANCE NO. 11-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. TO PROVIDE NEW REGULATIONS FOR THE USE, INSTALLATION AND MAINTENANCE OF ARTIFICIAL TURF, 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 CAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into the record. He informed Council the ordinance had robust requirements and the Local Planning Agency (LPA) recommended allowing artificial turf in backyards as putting greens only with an annual inspection of the condition. Putting greens were not to exceed 500 square feet. Council Comments: • Council Member Sartory was in favor of the backyard only and to reduce the amount to 5 percent of the total landscaping, but not limiting it to putting greens only. He was not in favor of an annual inspection. • Council Member Painter felt limiting turf to putting greens with an annual inspection was excessive, but he was in favor of limiting it to the backyards. He inquired on how residences that already had artificial turf would be handled. Attorney Davis explained they would be grandfathered in, but when it was time to replace the turf already there it would need to come into compliance with the new code. • Mayor Young was concerned with residences that didn't meet the current code. Attorney Davis explained that was an enforcement issue. He expanded on the non-living landscape allowable amount of up to 10 percent, but stated there was no specifics on quality or installation. He also detailed the requirements of repairing and maintaining the turf. Mayor Young inquired on variances and corner lots. Attorney Davis stated single family or two family dwellings could not request variances. Regarding commercial and mixed use properties Council could make it a special exception use (SEU). He also announced code addressed corner lots and what was considered front and rear yards. • Vice-Mayor Brandon was in agreement with Council to limit it to the backyard, but not strictly putting greens. She also felt an annual inspection was aggressive as the Village was not inspecting other backyard items. Citizen Comments • Tom Bradford, 44 Chestnut Trail, asked if putting greens were not included in the 10 percent was there a way to make sure it was only in the backyard. He also advised council to place and emergency zone in progress ordinance to stop anyone from adding turf now. Attorney Davis provided the definitions of front yard, sideyard, and rear yard. He would add commercial and mixed use language for an SEU as well as language limiting turf to 10% of the total landscaping, including putting greens, in the backyard and screening for corner lots. The ordinance would be brought back for first reading. MOTION: Vice-Mayor Brandon made a motion to ammend langauge for backyard and sideyard screening, limiting artificial turf to 10 percent of the total landscaping including putting greens, and adding language for SEU for commercial and mixed use; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 18. ORDINANCE NO. 14-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SEC. 46-2. USE OF GOLF CARTS UPON DESIGNATED VILLAGE STREETS. TO CONFORM THIS SECTION TO RECENT CHANGES IN STATE LAW REGARDING AGE AND FORM OF IDENTIFICATION FOR GOLF CART OPERATORS ON PUBLIC STREETS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. 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 the record. Chief Medina highlighted two state statutes had changed requiring an update to the Village ordinance. The age requirement was changed from 16 years old to 18 years old unless they had a valid drivers license or permit, and 18 years of age must have a photo id at all times. The remainder of the Village ordinance was in compliance and there was no change needed to the number of occupants or safety. Council Member Sartory asked for information on why golf carts were only allowed in the Country Club. Attorney Davis detailed the history and state law that required traffic studies to show safety for golf carts on roads. The Village completed those studies in 2019 and the Country Club met the requirements. The Tequesta Drive bridge was deemed unsafe for golf carts as well as the speed and traffic on other roads. There were recommendations made to allow for golf carts but those were very costly and the previous Council was concerned with safety and budget restraints. MOTION: Council Member Painter made a motion to approve Ordinance No. 14-23; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 19. Consider Adoption of Engagement Letter for Legal Representation in PFAS Litigation Attorney Davis announced he had been solicited by a group of lawyers to represent the Village in the nationwide per- and polyfluoroalkyl substances (PFAS) litigation. This would be a contingency arrangement with no out of pocket expense for the Village. If the firm secured a settlement verdict they would then take a 25% fee. Attorney Davis did not have any objection to using the firm as they were experienced in environmental law. Council Comments: • Mayor Young asked for specifics on the cost. Attorney Davis felt he could negotiate the cost. She inquired if Palm Beach County had retained a firm and if the Village should look into their own firm. Attorney Davis would research other Counties and Cities but did not recommend opting out of the class action suit as that would require the Village to litigate on their own. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, questioned what would occur if the Village did not have any PFAS. Attorney Davis explained the law firm would take on that risk. • Harold Taylor, 13 Chapel Court, stated PFAS was in everything that was waterproof and asked how many were filing lawsuits against Dupont on a National scale. No action was taken by Council. Attorney Davis would look into additional information on other litigations, settlement classes, and options. 20. Consider Approval of Agreement for Building Official, Plans Reviewer, and Inspection Services with Diversified Building Department Management Corp. Manager Allen explained the contract was for back up services for the building department to provide coverage when the director was out. MOTION: Council Member Sartory made a motion to approve the agreement with Diversified Building Department Management Corp.; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 21. Consider Approval of Agreement for Supplemental Building Department Plan Review Services with Sunshine Building Inspection, LLC Manager Allen stated this agreement would assist with the transition as this was former Building Director, Jose Rodriguez, company and would be on an as needed basis. MOTION: Vice-Mayor Brandon made a motion to approve the agreement with Sunshine Building Inspection, LLC; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). ANY OTHER MATTERS Council Member Sartory clarified his opposing vote on item 13, Variance 01-23, was because he was not in favor of requiring a professional mangrove trimmer. Mayor Young inquired if Council wanted to consider workshopping adult arcade code. Attorney Davis thought current code addressed it briefly, but acknowledged it was worth talking about. ADJOURNMENT The meeting was adjourned at 9:00 PM. MOTION: Council Member Painter made a motion to adjourn the meeting; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). Res ectfully submitted, &1,a-_ 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.