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HomeMy WebLinkAboutMinutes_Regular_12/14/2023 MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL DECEMBER 14, 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 Village Clerk Mary Ann Grieser. Present were: Mayor Molly Young, Vice-Mayor Laurie Brandon, Council Member Patrick Painter, Council Member Rick Sartory, and Council Member Thomas G. Bradford. Council Member Patrick Painter attended via zoom. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Sartory An invocation was offered followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Bradford made a motion for approval of the agenda. Council Member Sartory seconded the motion. Carried unanimously 5-0. PRESENTATION 1. Chili Cook-off Check Presentation Fire Chief James Trube introduced Captain Dave McGovern. Captain McGovern presented five checks, from funds raised during the Chili Cook-off, to Operation 300, Tequesta Friends of Public Safety, Wounded Veterans Relief Fund, Southeast Honor Flight, and Warriors Renewal Coalition. He provided highlights of the the 12th annual Chili Cook-off including the 30 teams participating, the fly over, and honoring of Mary Hinton. Through sponsorships 800 veterans were able to attend the event for free. Captain McGovern thanked all the volunteers and businesses who made the eveny possible including Cindy MacDonald. He also thanked volunteers Jessica Stamm and Jacob Walker, and presented them with a $1,000 scholarship for fire school. The event raised $110,750 which provided the five charities with a check for $22,150. In the 12 years the event had raised over $650,000 for local veteran charities. Captain McGovern concluded with a brief video. 2. Presentation of the Village's Financial Results for Fiscal Year Ended September 30, 2023 Finance Director Jeff Snyder provided council with an unaudited result of the 2023 Fiscal Year. He noted the numbers where subject to change once audited. He reviewed all the funds noting the General Fund was over budget by 3-4%. He highlighted the decrease in the debt services due to paying off old debts and noted the health of the Building Fund due to the re-development of Beach Road. Mr. Snyder further reviewed the Capital Improvement, Capital Projects, and Law Enforcement Funds. He drew attention to the Water Utility Fund and clarified the trading of cash for equipment as he felt just looking at numbers did not provide a true illustration of the fund. He concluded with the mention of roll over numbers and purchases. Council Member Bradford questioned if the 25% General Fund reserve requirement was met with Mr. Snyder confirming it was. CONSENT AGENDA MOTION: Vice-Mayor Brandon made a motion to approve the Consent Agenda with item 8 being pulled for further discussion; Council Member Sartory seconded the motion. Carried unanimously 5-0. 3. MINUTES: 10116123 Special; 1119123 Regular, and 11/29/23 Special 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. Big Fun, Inc. Proposal-Parks & Recreation, $64,275.00. B. Michelle Lee Berger, LLC-dba AWARE-Village Manager, $15,000.00. C. Municode/Civic Plus Codification Services-Village Clerk, $5,850.00. D. Trane Technologies-Village Hall HVAC Replacement Proposal-Public Works, $17,310.00. 5. Consider Approving the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement 6. Consider Approval of Agreement with Rick Croft Enterprises, Inc., DBA Texas Trailers Sales and Services for Purchase of Big Tex 14PL-16 Dump Trailer through the Florida Sheriff's Association Contract for a Cost of$15,515 7. Consider Approval of 2024 Municipal Election Vote Processing Equipment Use and Elections Services Agreement with the Palm Beach County Supervisor of Elections for the March 19, 2024 Municipal Election 8. RESOLUTION NO. 29-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, SUPPORTING THE 2024 FLORIDA LEAGUE OF CITIES LEGISLATIVE PLATFORM; PRIORITIZING AGENDA LEGISLATION THAT WOULD (1) PRESERVE MUNICIPAL AUTHORITY TO MANAGE MUNICIPAL REVENUE SOURCES INCLUDING ENTERPRISE FUNDS; (2) RATIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PROPOSED ENVIRONMENTAL RESOURCE PERMITTING RULES FOR STORMWATER DESIGN AND OPERATION REGULATIONS; (3) PROVIDE A CLEAR AND CONCISE REGULATORY FRAMEWORK FOR THE ADOPTION OF MOBILITY PLANS; (4) ENHANCE RECRUITMENT AND RETENTION EFFORTS TO ATTRACT TALENT IN PUBLIC SAFETY POSITIONS AND EASE BARRIERS FOR SWORN LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS RELOCATING INTO THE STATE OF FLORIDA AND PROVIDE STATE FUNDING FOR SAME, AND (5) MAKE EQUITABLE ESSENTIAL INVESTMENTS TO ENSURE THAT TRANSPORTATION INFRASTRUCTURE CAN EFFECTIVELY SERVE THE NEEDS OF PRESENT AND FUTURE RESIDENTS AND VISITORS; FURTHER SUPPORTING THE FLORIDA LEAGUE OF CITIES' POLICY POSITIONS ON THE TOPICS OF PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAMS, PROPERTY TAX PROTECTION, SHORT-TERM RENTALS, AND SOVEREIGN IMMUNITY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Council Comments: • Vice-Mayor Brandon was concerned this would require excessive hours for staff and did not want to duplicate work. • Council Member Bradford felt the item was common and necessary. • Council Member Sartory felt the Village needed the ability to advocate. • Mayor Young requested Village Attorney, Keith Davis, create a clause with affordable housing and the importance of advocating for any live local act changes as it pertained to home rule. Attorney Davis agreed to add language to the resolution recognizing the need for affordable housing in Palm Beach County but, supporting any legislation relaxing home rule preemptions related to the affordable housing act. MOTION: Council Member Bradford made a motion to approve the resolution with amendments stated by Attorney Davis; Council Member Sartory seconded the motion. Carried unanimously 5-0. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS John Knapp, 147 Magnolia Way, appreciated all of Council. He came to advocate against the work being done on Hannah's Home and the two story dormitory. Mark Hunihan, 1 Chapel Court, was against the two story apartment building at Hannah's Home. He was concerned about zoning and property values. He felt the residents should have been notified. Jessica Namath, 20 Shady Lane, felt there was a pattern where discussion were taking place after the fact. Cindy Quinn, 38 Chapel Court, provided history of a survey done when Hannah's Home was first built. She was concerned with screaming children at the home and upset she was not contacted about the new building. Attorney Davis provided a brief history of Hannah's Home stating the plans for phased development were approved 10 years ago. Manager Allen would provide Council with the designs to review. COMMUNICATIONS FROM COUNCIL Council Member Sartory thanked those who attended Coffee with a Veteran and for the Village participation in the Meals on Wheels "Pie it Forward" campaign. Council Member Bradford thanked Council for appointing him to fill seat one. Vice-Mayor Brandon wished everyone a happy holidays. Council Member Painter was proud to be a resident and thankful for the holiday events including the Fire Department Open House and Holiday in the Park. Mayor Young updated Council on the Florida League of Cities policy committee meeting which established the 2024 legislative platform and a zoom conference with Brain Mast regarding Brightline quiet zones and Tequesta Park funding. She also wished everyone Happy Holidays. STANDING REPORTS Village Attorney Attorney Davis thanked Council for their support during a challenging year and wished everyone a Happy Holidays. Village Manager 9. Monthly Manager's Report Manager Allen thanked Parks and Recreation for a successful Holiday in the Park and announced the completion of the paving on El Portal Drive. Police Department 10. Tequesta Police Department's Monthly Standing Report Chief Gus Medina highlighted the success of the firearms training and safety class; this was the first class, and the feedback was extremely positive. The next class was scheduled for January. He provided a brief update on a press conference he attended with Ashley Moody regarding "See Something Say Something" and informed Council on a collaboration with the building department to monitor Airbnb's. Fire Department 11. Fire Department Report Fire Chief Trube presented photos of the Chili Cook-off, medical training, and new hire trainings to Council. He updated Council on fire trainings and meetings the department attended, and provided an update on the new truck expected to be delivered end of February with an in-service date following that. UTILITIES 12. Utilities Department Monthly Report Utilities Director Marjorie Craig provided Council with an update on the El Portal project and thanked the residents for their patience. She announced the $95,000 grant for the vulnerability assessment studies, and the agenda item for the Dover Ditch project approval. Mrs. Craig explained a budget shift that took place due to an installation of new membranes. This needed to be installed professionally and time was of the essence. The water main replacement one and four was expected to begin in January, and Beach Road phase two would begin in February. She concluded by announcing her appointment to the sate section chair for The American Water Works Association and provided dashboard updates. Council Member Bradford was confused by the names of the vulnerability grants, Mrs. Craig clarified the names. Manager Allen further stated the Village was following the Lake Park model for grants. REGULAR AGENDA OLD BUSINESS 13. ORDINANCE NO. 11-23, 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 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 CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into the record. This was second reading. Mayor Young opened the hearing for Council comments: • Council Member Bradford acknowledged a citizen email he received questioning if the ordinance was eliminating 66% of landscape open space. He was not in favor of any artificial turf. Attorney Davis stated the ordinance mentioned artificial turf could be a maximum of 10% of the landscaped area. • Council Member Sartory addressed the 10% landscaped are compromise Council agreed upon. • Vice-Mayor Brandon was not a fan of the artificial turf, but felt comfortable with the 10% compromise. Mayor Young opened the hearing for public comments: • Marie Sapirie, 79 Yacht Club Place, felt the ordinance was bad for the environment and should be rejected. MOTION: Vice-Mayor Brandon made a motion to approve Ordinance 11-23; Council Member Sartory seconded the motion. Carried unanimously 5-0. 14. ORDINANCE 13-23, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS, BY CREATING A NEW ARTICLE IX. STRUCTURAL MILESTONE INSPECTIONS. TO IMPLEMENT THE STATUTORY REQUIREMENTS FOR CERTAIN MULTI-STORY MULTI-FAMILY RESIDENTIAL BUILDINGS PROVIDED IN SEC. 553.899, FLORIDA STATUTES; PROVIDING DEFINITIONS; STATING INTENT AND AUTHORITY, PROVIDING APPLICABILITY AND AREAS OF ENFORCEMENT, PROVIDING NOTICE REQUIREMENTS; IDENTIFYING THE TYPES OF REQUIRED INSPECTIONS; DEFINING THE MINIMUM CONTENTS OF INSPECTION REPORTS; DESIGNATING POSTING AND PUBLISHING REQUIREMENTS FOR INSPECTION REPORTS; ESTABLISHING TIMELINES FOR REPAIRS; PROVIDING FOR ENFORCEMENT, AUTHORIZING EXTENSIONS; DESIGNATING PROCESS FOR IDENTIFYING AND REPORTING UNSAFE STRUCTURES AND FOR CONDEMNATION PROCEDURES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis read the title into the record. This was second reading. Mayor Young opened the hearing for public comments; there were none. Mayor Young opened the hearing for Council comments; there being none the hearing was closed. MOTION: Council Member Bradford made a motion to approve Ordinance 13-23; Council Member Sartory seconded the motion. Carried unanimously 5-0. 15. ORDINANCE NO. 15-23, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE Vlll. CONSTRUCTION SITE MAINTENANCE. BY CREATING AN ENTIRELY NEW SECTION 14-183. TEMPORARY SHELTER REGULATIONS. TO PROVIDE REGULATIONS FOR THE PLACEMENT AND USE OF TEMPORARY SHELTER STRUCTURES ON RESIDENTIAL LOTS UNDER LIMITED CIRCUMSTANCES FOLLOWING NATURAL EMERGENCIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. 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. This was second reading. Attorney Davis explained the ordinance mimicked state law. The two revisions made from the first reading included verbiage stating temporary structures must be connected to water utilities and capable of draining sewage, and placed within required setbacks. Mayor Young opened the hearing for Council comments; there were none. Mayor Young opened the hearing for public comments; there being none the hearing was closed. MOTION: Council Member Sartory made a motion to approve Ordinance 15-23; Vice- Mayor Brandon seconded the motion. Carried unanimously 5-0. 16. ORDINANCE 16-23, 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 IX SUPPLEMENTAL REGULATIONS, DIVISION 11. MOBILE FOOD VENDORS. TO CONFORM THIS SECTION TO RECENT CHANGES IN STATE LAW REGARDING PERMITTING AND OPERATION OF MOBILE FOOD VENDORS; 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 the record. This was second reading. This also complied with state law. Mayor Young opened the hearing for Council comments; there were none. Mayor Young opened the hearing for public comments; there being none the hearing was closed. MOTION: Council Member Bradford made a motion to approve Ordinance 16-23; Council Member Sartory seconded the motion. Carried unanimously 5-0. 17. Consider Adoption of Engagement Letter for Legal Representation in PFAS Litigation Attorney Davis explained the agreement for legal representation in the per- and polyfluoroalkyl substances (PFAS) class action lawsuit. He detailed the complicated lawsuit and the need for subject matter experts. The cost breakout was reviewed including attorney expenses and the 25% attorney fee should a settlement be reached. MOTION: Vice-Mayor Brandon made a motion to approve the engagement letter for legal representation in the PFAS litigation; Council Member Sartory seconded the motion. Carried unanimously 5-0. NEW BUSINESS 18. SPM 7-23: Application from LIGHTHOUSE ARTCENTER for a Site Plan Modification to allow for a new 1,296 square feet open area and minor revisions to the existing site and landscape plans. The subject property is located at 395 Seabrook Road, Tequesta, FL 33469. Attorney Davis announced SMP 7-23 was a Quasi-Judicial matter and placed three individuals under oath. The were no ex-parte communications. Mr. Lance Lilly detailed the site plan modification request for the addition of a 1 ,206 square feet outdoor area for the Lighthouse Arts Center. It was reviewed by the Development Review Committee (DRC) and went before Planning and Zoning with a 5-0 approval. Council Member Bradford inquired about any reduction in parking; Mr. Lilly stated their was not a reduction in parking. MOTION: Council Member Bradford made a motion to approve SPM 7-23; Vice-Mayor Brandon seconded the motion. Carried unanimously 5-0. 19. Conceptual Presentation By Whitman Family Development For Bal Harbour Shops To Develop a Temporary Pop-Up Shopping Concept At Paradise Park 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. Community Development Director Jay Hubsch introduced the special event permit item detailing the workshops individually held with Council members for a pop-up shops event in January. The Chief Operating Officer of Bal Harbor Shops, Ben Elias, detailed the high-end pop-up shop event providing a presentation to Council. He explained a similar event in Raleigh, North Carolina. He further illustrated the types of shops, 10 boutiques, restaurants, bars, valet parking, marketing, shipping container set-ups, and overall environment of the pop- up event. Attorney Davis detailed the special event permitting, liquor sales, and parking regulations. Council Comments: • Council Member Sartory was concerned with alcohol sales near a school, traffic, police and fire usage, and costs incurred by the Village. He wanted to pause on moving forward at this time. • Council Member Bradford was concerned with the time frame, valet parking, lighting around the space, and the benefits to the Village. He had mixed feelings on the event. • Council Member Painter saw the positives with it, but was concerned with parking and timelines. He was in favor of the event. • Vice-Mayor Brandon was concerned with the aesthetics, the types of restaurants, and did not feel it fit within the Village. She wanted to see more local partnerships. • Mayor Young felt the aesthetics could be solved, but was concerned with the number of people per day and the school and playground during the weekday. She was undecided on the event. Citizen Comments: • Cindy Quinn, 38 Chapel Court, was not in favor of the pop-up as there were shops 9 miles away and did not feel it fit Tequesta. • Kathy Megrath, 275 Beach Road, felt this event was a disservice to the residents and businesses, and was concerned with safety. • John Isleib, 250 Tequesta Drive, was opposed to the special event and felt it violated Village codes. • Barbara Gomez, 142 Chapel Lane, was opposed to the pop-up shops and did not see a benefit to the Village. She was also concerned with crime. • Brooke Hartman, of Sea Lustre, was concerned with the traffic on Bridge Road and Old Dixie as it was already very dangerous. She thought it may bring new business to her boutique, but felt there was many aspects that needed consideration. • Jessica Namath, 20 Shady Lane, wanted to speak with the developers of the project. • Tony, Eataliano owner, was opposed to the event and was not beneficial for his business located within the same area. 20. SPR 2-23: Application from Kimley-Horn and Associates for a Site Plan Review (SPR) to develop Phase 1 of Remembrance Park on 1.76 acres. The proposed public parks project is located in the Recreation/Open Space (R/OP) Zoning District. The project is located at 483 Seabrook Road, Tequesta, F133469 Attorney Davis announced SPR 2-23 was a Quasi-Judicial matter and placed 4 individuals under oath. The following ex-parte communications were disclosed: • Council Member Sartory visited the site a year ago. • Council Member Painter, Council Member Bradford, Vice-Mayor Brandon, and Mayor Young had all visited the site and worked with staff in the past. Community Development Director Jay Hubsch detailed the recommendation made including historical signage, little free libraries, and landscaping. Jonathan Hague, landscape architect with Kimley-Horn, detailed the Florida friendly landscape plan. Council Comments: • Council Member Sartory was concerned with lighting based on feedback he had received from residents. • Council Member Painter was pleased with the design and the historical markers. • Council Member Bradford questioned the light on the flagpole, fencing, and the recognition of Veterans. • Vice-Mayor Brandon was concerned with the Veteran aspect, but felt it could move forward while working out the details. • Mayor Young was concerned with the placement of plaques, specs for signage, and suggested recognition of the old train depot. She questioned the difference between the bricks around the fountain at Village Hall and the bricks that would be placed at Remembrance Park; Manager Allen detailed the difference. Mayor Young also questioned the gazebo hours, colors, maintenance costs, and budget. Citizen Comments: • Jessica Namath, 20 Shady Lane, offered assistance on behalf of the Environmental Advisory Committee (EAC). • Marcia Nielson, 94 Beechwood Trail, felt bricks should not be for Veterans only and offered her assistance. • Marie Sapirie, 79 Yacht Club Place, felt the butterfly garden should not be delayed and that volunteers should not be the only caretakers. • Harold Taylor, 13 Chapel Court, requested the Village take care of the two abandoned power poles; Manager Allen explained they were working with Florida Power and Light (FPL) on undergrounding those poles. Mayor Young requested a workshop on park hours and the specifics on bricks. MOTION: Council Member Bradford made a motion to approve the site plan with the addition of milkweed for the butterfly garden; Vice-Mayor Brandon seconded the motion. Carried unanimously 5-0. 21. ORDINANCE 17-23, 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 VI. SCHEDULE OF DISTRICT REGULATIONS. BY CREATING A NEW DIVISION 3. ENTITLED "AFFORDABLE HOUSING AND LIVE LOCAL ACT." TO PROVIDE AND IMPLEMENT ADMINISTRATIVE PROCEDURES AND REQUIREMENTS FOR DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS PURSUANT TO THE FLORIDA LIVE LOCAL ACT; PROVIDING FOR ENFORCEMENT, AND PROVIDING FOR PENALTIES FOR VIOLATIONS; 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, 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. Mr. Hubsch provided a presentation regarding the affordable housing act and reviewed the provisions in it which allowed development and placed limitations on municipalities. He highlighted the Villages lack of authority on height restrictions. Manager Allen explained codifying the code would provide the Village recourse. It was not a show of support for the Live Local Act Mayor Young opened the hearing for Council comments: • Council felt the ordinance was not ideal, but understood it was needed. • Mayor Young questioned whether the Village could comment on aesthetics. Attorney Davis would look into aesthetic requirements Mayor Young opened the hearing for public comments: • Marie Sapirie, 79 Yacht Club Place, felt this was not required by state law, staff should not have authority, and that Planning and Zoning should decide along with Council. MOTION: Council Member Sartory made a motion to approve Ordinance 17-23; Council Member Bradford seconded the motion. Carried unanimously 5-0. 22. Consider Approval of FDEP Agreement for a $157,500 Matching Grant for Dover Ditch Living Shoreline (LRPI) Improvements, Shared Benefit and Responsibility of 60% Village of Tequesta and 40% Town of Jupiter Mrs. Craig announced the FDEP agreement for $157,500 for the Dover Ditch project, but noted the matching grant information was not filled in on the agreement. MOTION: Council Member Bradford made a motion to approve the FDEP grant agreement amending the application to include the matching grant information; Vice- Mayor Brandon seconded the motion. Carried unanimously 5-0. 23. Consider Approval of Agreement with Core and Main LP, to Purchase Water Meter Fittings and Water Line Accessories, Piggybacking on Agreement with the City of Deerfield Beach/Southeast Florida Governmental Purchasing Group MOTION: Vice-Mayor Brandon made a motion to approve the agreement with Core and Main LP; Council Member Bradford seconded the motion. Carried unanimously 5-0. 24. Consider Approval of Agreement with Revere for Water Treatment Plant SCADA Radio Network Replacement Piggybacking on Contract with City of Sunrise for a Total Price of$80,990 Mrs. Craig noted this was not budgeted and the money would be coming from the reserves. MOTION: Council Member Bradford made a motion to approve the agreement with Revere; Vice-Mayor Brandon seconded the motion. Carried unanimously 5-0. 25. Consider approval of the Constitution Park Skate Park renovation project. Parks and Recreation Director Greg Corbitt provided details on the skate park renovation with American Ramp Company for $160,000, the budget amount was $175,000 and came from the surtax fund. The design was completed by American Ramp Company's skating professionals. Citizen Comments: • Marie Sapirie, 79 Yacht Club Place, objected to the characterization of skaters in the memo. • Thomas Sapirie, 79 Yacht Club Place, acknowledged the virtues of the skating community, appreciated the skate park design, and suggested an improvement by adding more trees. MOTION: Vice-Mayor Brandon made a motion to approve the skate park renovation; Council Member Bradford seconded the motion. Carried unanimously 5-0. 26. RESOLUTION 26-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 19, 2024 IN CONJUNCTION WITH THE PRESIDENTIAL PREFERENCE PRIMARY, AND IF NECESSARY, THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, APRIL 2, 2024 FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FOR TWO YEAR TERMS; APPOINTING TWO ALTERNATES TO SERVE ON THE PALM BEACH COUNTY CANVASSING BOARD; DESIGNATING POLLING LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Attorney Davis explained the Election Canvassing Board and the need for two alternates for the March 2024 election. Council Member Sartory thanked the Village for working on this as his relationship with the Supervisor of Elections was the cause for the resolution. He declared a voting conflict and did not participate in the vote. MOTION: Council Member Bradford made a motion to approve Resolution 26-23; Vice- Mayor Brandon seconded the motion. Carried unanimously 4-0 (abstained: Council Member Sartory). 27. Consider Taking Applications and Appointment of Unexpired Term of Seat 2 of the Environmental Advisory Committee (EAC) Council discussed the vacant EAC seat. Council Member Bradford was heartened by the EAC's request for him to return to the seat. Council Member Painter, Sartory, and Bradford were in favor of keeping the seat open. Vice-Mayor Brandon and Mayor Young felt applications should be taken. Citizen Comments: • Jessica Namath, 20 Shady Lane, requested the seat be kept open. MOTION: Vice Mayor Brandon made a motion to approve taking applications for the EAC seat; Mayor Young seconded Failed 2-3 (opposed: Council Member Sartory, Council Member Painter, and Council Member Bradford). MOTION: Council Member Painter made a motion to approve leaving the EAC seat open; Council Member Sartory seconded the motion. Carried 3-2 (opposed: Mayor Young and Vice-Mayor Brandon). ANY OTHER MATTERS Council Member Bradford discussed Beach Road and the mangroves. He also asked Council to consider the order of citizen comments and Council discussion. Council discussed changing the order and agreed to add it to a workshop agenda. Vice-Mayor Brandon was open to further discussion on train horns as she was not at the last meeting. ADJOURNMENT The meeting was adjourned at 11 :13 PM. MOTION: Vice-Mayor Brandon made a motion to adjourn the meeting; Council Member Bradford seconded the motion. Carried unanimously 5-0. Respectfully submitted, I AN't) 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. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Sartory, Richard, Lawrence Village of Tequest, Council Seat 5 MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 515 N. Dover Road WHICH I SERVE IS A UNIT OF: CITY COUNTY 9 CITY ❑COUNTY ❑OTHER LOCALAGENCY Tequesta Palm Beach NAME OF POLITICAL SUBDIVISION: Village Council 1DATE ON WHICH VOTE OCCURRED MY POSITION IS: 12/14/2023 If ELECTIVE ❑ APPOINTIVE RECEIVED WHO MUST FILE FORM 813 DEC 16 2023 This form is for use by any person serving at the county, city, or other local level of government on an appointdVV''hlt gFe FM BFEtWcil, commission,authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. x APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM SB-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Richard L. Sartory hereby disclose that on December 14 20 23 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: My sister, Wendy Sartory Link, is the Palm Beach County Supervisor of Elections. I am running for re-election to the Village of Tequesta Council, and the Village utilizes the services of the Palm Beach County Supervisor of Elections for our elections. The Supervisor's office also serves as the Canvassing Board that oversees the election, and my sister serves on that Canvassing Board.With a perceived conflict of interest that my sister may play a role in the election by serving on the Canvassiing Board, she has agreed to have the Village of Tequesta nomiinate two people to replace her seat on the Canvassing Board. As a member of the Village Council, I recieve a $689/month salary. On December 14, 2023, the Council voted to engage the PBC SOE office for the March 19, 2024 election. I recused myself from the vote, as I receive a salary to serve on the Council. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disc) ing the nature of the interest in such a way as to provide the public with notice of the conflict. 12/18/2023 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY RE UIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.