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HomeMy WebLinkAboutMinutes_Regular_4/11/2024 i r k� MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL APRIL 11, 2024 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 6.19 p.m. A roll call was taken by Village Clerk Lori McWilliams, MMC. Present were: Mayor Molly Young, Council Member Patrick Painter, Vice-Mayor Rick Sartory, Council Member Laurie Brandon, and Council Member Jayson E. French. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Patrick Painter An invocation was offered by Council Member Painter followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Vice-Mayor Sartory made a motion for approval of the agenda. Council Member French seconded the motion. Carried unanimously 5-0. PRESENTATION Mayor Young recognized former Council Member, Vice-Mayor, Mayor, and longtime Village of Tequesta resident Mr. Tom Paterno who had passed away March 29, 2024. She detailed his service, dedication, and love for the Village while expressing how much he would be missed. Council Member Brandon expressed her sympathies to the family and her gratitude for serving with him. 1. Proclamation Proclaiming May 4th and 5th as American Legion Auxiliary Poppy Days in the Village of Tequesta Clerk McWilliams read the proclamation which was accepted by the American Legion Auxiliary members. 2. Proclamation Proclaiming May 2024 as Building Safety Month in the Village of Tequesta Clerk McWilliams read the proclamation which was accepted by Nara Cavalcanti of the Village Building Department. 3. Proclamation Proclaiming April 26, 2024 as Arbor Day in the Village of Tequesta The proclamation was not read as it would be read at the April 26th Arbor Day event. 4. Annual General Employee Pension Board Update - Acting Chair Ben Ward Ben Ward, Chairman of the General Pension Board, provided a brief summary of the general pension fund and it's performance. He reviewed benchmarks, allocations, and returns. The fund was considered young as it had started in 2000. The Actuary stated it was in excellent actuarial status, was well funded with a low level of volatility, and had a good rate of return at 6.5%. As of September 30, 2023 the plan was 99.3% funded and was 10.09% of Village funded payroll. To conclude, Mr. Ward informed Council that AndCo Investment Advisors entered into a partnership with Mariner Institutional. 5. Accept the Annual Comprehensive Financial Report (ACFR) for the Year Ended September 30, 2023 Finance Director Jeff Snyder introduced the auditor, Mr. Wade Sansbury of Mauldin & Jenkins. Mr. Sansbury provided a brief presentation of the unmodified clean opinion on the basic financial statements of the Village. He stated the Annual Comprehensive Financial Report (ACFR) was above and beyond what was required containing an introduction and financial and statistical section. There was not a federal or state single audit required for the Village in 2023. He shared the debt per residents comparison and an overview of funds. All funds were doing well with rates and expenditures. CONSENT AGENDA MOTION. Vice-Mayor Sartory made a motion to approve the Consent Agenda as presented; Council Member French seconded the motion. Carried unanimously 5-0. 6. MINUTES: March 4, 2024 Workshop 7. Consider Approval of a New Agreement for Special Magistrate Services for Existing Magistrate Wagner, at the Rate of$175.00 Per Hour 8. 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. Furniture Leisure, trash receptacle, $906.67 B. Orkin Termite Pest Control, $3,900.00 C. The Gehring Group, employee benefits consulting and advisory services, $0.00 9. Consider Approval of Florida Technical Consultants (FTC) Piggyback Agreement on SMRU Contract for Geographic Information System (GIS) Continuing Services 10. Consider Approval of Aquifer Maintenance Performance Systems, Inc., dba AMPS, Inc. Piggyback Agreement on the City of Palm Bay Contract for Well Repair, Maintenance, and Rehabilitation Services Drinking Water Well Rehabilitation Services 11. Consider Approval of Contract Between the Tequesta Police Department and Accreditation Colony, LLC to Continue Overseeing and Coordinating the Police Department's Accreditation's Standards 12. Consider Approval of Kimley Horn and Associates Professional Engineering Services for Continued Roadway Improvements in the Country Club Community 13. Consider approval for this Special Event application for an annual July 4, 2024 four-mile running race by Believe With Me, a registered Florida Not-For-Profit Corporation, to take place at Constitution Park on Dover Rd. The event is to be held on Thursday July 4, 2024 from 6:30 a.m. - 9:30 a.m. No alcohol will be served. The projected number of attendees for the event is 800. The applicant has provided proof of insurance and will hire Police and Fire Detail for the event. The purpose of the event is to honor families of fallen soldiers and all proceeds will directly benefit families that have lost a loved one in the line of service. (Tabled during the March 14, 2024 Council Meeting) 14. RESOLUTION NO. 08-24 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; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 15. RESOLUTION 09-24, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CERTIFYING THE RESULTS OF THE REGULAR ELECTION HELD ON MARCH 19, 2024 FOR THE VILLAGE OF TEQUESTA COUNCIL; AND FOR OTHER PURPOSES. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Bethany Humpage, 562 North Dover Road, addressed Council on her experience during the weeks prior to the election. She detailed and American Legion event she attended where Vice- Mayor Sartory was also in attendance. She posted her appreciation to Vice-Mayor Sartory on Nextdoor and received criticism from Jessica Namath and her supporters. Mrs. Humpage did not feel it was civil and that many untruths were shared concerning Vice-Mayor Sartory, the police, and the Village. After the election the demeaning comments continued. Mrs. Humpage hoped Ms. Namath did not run again and her position on the Environmental Advisory Committee was re-evaluated. COMMUNICATIONS FROM COUNCIL There were none. APPOINTMENTS 16. Consider Appointment of Thomas Bradford to Fill the Environmental Advisory Committee Vacancy MOTION: Council Member Sartory made a motion to approve Thomas Bradford to fill the Environmental Advisory Committee Vacancy; Council Member Brandon seconded the motion. Carried unanimously 5-0. 17. Consider Appointment to Fill the General Employee Pension Board Vacancy MOTION: Council Member Brandon made a motion to approve Kyle Stone to the General Employee Pension Board Vacancy; Council Member Painter seconded the motion. Carried unanimously 5-0. STANDING REPORTS Village Attorney Village Attorney Keith Davis wished everyone a successful year on Council. Village Manager 18. Manager's Monthly Report Manager Jeremy Allen acknowledged Finance Director Jeff Snyder for his work on the reporting. He informed Council the Strategic Plan was set for the May Council meeting. He announced Remembrance Park and Tequesta park received matching grants, the Shred-It and Coffee with a Cop event was April 13th, the Arbor Day event was scheduled for April 26th, and that Palm Beach County was working on parking along Beach Road and would share information as it was received. Police Department 19. Police Department's Monthly Standing Report Police Chief Gus Medina provided a recap of the firearm safety training classes, coffee with a cop, e-bike statistics and education, and announced the Explorer 357 program. Applicants for the Explorers should be between the ages of 14-21 and he was looking forward to sharing the benefits of a career in law enforcement with those participating. Fire Department 20. Fire Department Standing Report Fire Chief James Trube detailed the trainings the department took part in, including train the trainer, May Day procedures, and pumper training. The push-in ceremony for the new truck was tentatively scheduled for May 3rd. He also recognized Lieutenant Mark Spurgeon who celebrated his 25th anniversary and Firefighter Zach Wichert was recognized as the American Legion's Firefighter of the Year. UTILITIES 21. Utilities Department Update Utilities Director Marjorie Craig reviewed the watermain projects providing pictures from the sites, the Beach Road phase two status, and the monthly dashboard revenues. REGULAR AGENDA OLD BUSINESS NEW BUSINESS 22. Consider Approval of Purchasing a Utility Task Vehicle (UTV) and Trailer Dedicated to Code Enforcement Building Director Wayne Cameron explained the need for the Utility Task Vehicle (UTV) for monitoring code compliance during turtle nesting season along the beaches. He discussed the cost which included the trailer and storage, maintenance, insurance, and beach access. MOTION: Council Member Brandon made a motion to approve the purchase of a UTV for Code Enforcement; Council Member French seconded the motion. Carried unanimously 5-0. 23. RESOLUTION NO. 07-24 , A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE MAYOR OF TEQUESTA TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR MUTUAL AID IN THE EVENT OF A DISASTER OR EMERGENCY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. MOTION: Council Member Painter made a motion to approve Resolution 07-24; Council Member French seconded the motion. Carried unanimously 5-0. 24. Consider Approval of the Contract with EMS-MC for 3rd Party EMS Billing Services MOTION: Council Member Brandon made a motion to approve the contract with EMC- MC for third party EMS billing services; Council Member Painter seconded the motion. Carried unanimously 5-0. 25. Consider Approval of Awarding the Construction of Remembrance Park to E&F Florida Enterprises Inc., D/B/A Creative Contracting Group in the amount of $1,176,900.00 MOTION: Council Member Brandon made a motion to approve awarding the construction of Remembrance Park to Creative Concepts Group; Council Member French seconded the motion. Carried unanimously 5-0. 26. Consider Approval of Sidewalk Capital Improvements on Seabrook Road with Wynn and Sons Construction Company, Inc. Public Works Director Doug Chambers provided a presentation to Council detailing the sidewalk and roadway improvements. MOTION: Council Member Brandon made a motion to approve the sidewalk improvements on Seabrook Road with Wynn and Sons Construction Company Inc.,- Council Member Sartory seconded the motion. Carried unanimously 5-0. 27. Consider Approval of a Capital Roadway Improvement Project in the Country Club Community with Wynn and Sons Environmental Construction Company, Inc. MOTION: Council Member French made a motion to approve the Capital Roadway Improvement Project in the Country Club Community with Wynn and Sons Environmental Construction Company, Inc.; Council Member Sartory seconded the motion. Carried unanimously 5-0. 28. ORDINANCE NO. 1-24, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS," "FORMULA RESTAURANT," "OVERLAY DISTRICT," "FAgADE TRANSPARENCY," AND "CIVIC OPEN SPACE," 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON-CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3 GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING, AND RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY DISTRICTS." WITH NEW CODE SECTIONS 78- 201 THROUGH 78-204; ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAgADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAgADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAgADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER; 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 first reading. Lance Lilly, Senior Planner with Chen Moore, provided a detailed presentation with definitions of each overlay, examples of businesses, and criterias. Mayor Young opened the hearing for Council comments. Council had detail discussion on the overlay areas, notifications to businesses and residents, waivers, special exemption uses, variances, civic open spaces, landscaping, formula businesses criteria, and the 90-day time period for non confirming uses. Council also discussed the recommendations from the Local Planning Agency (LPA) and requested clarification on business services and definitions of waivers verse variances. Mayor Young opened the hearing for public comments: • John Isleib, 250 Tequesta Drive, thanked Council for being available to discuss this Ordinance. He did not feel that the residents and business owners were made aware of these discussions and felt it was very confusing. • Nicholas Gieseler, 819 S. Federal Hwy Stuart, Attorney with Bartlett, Loeb, Hinds, Thompson, & Angelos representing FP Tequesta Property Owners provided detail on what he felt was an overstep of the Village with this Ordinance and urged Council to pause the passing of this ordinance. • Phil Perko, 300 & 250 Beach Road and Main Street, listened to and read the charettes and sees a very confusing overlay and code text amendment that he felt was due to Starbucks. He understood preserving the Village, but banning formula businesses would limit the ability to receive financial backing. He provided Council with a handout he received from Jupiter and their communication. • Jessica Namath, 20 Shady Lane, echoed the sentiment of confusion with the Ordinance. She was opposed to franchise businesses and requested Council take more time to reconsider the details. • Pat Watkins, 167 River Drive, appealed to Council to reconsider formula businesses, and parking in the rear. • Thomas Bradford, 44 Chestnut Trail, felt formula businesses on US1 should have separate criteria and was confused with some of Councils comments and concerns. Council clarified the number of meetings and notifications that were done and did not feel this was rushed though they were open to holding another workshop for the public to discuss the item further. Council was also open to allowing more time during public comment. Attorney Davis explained Council needed to be completely inclusive and could not set definitions or time limits. MOTION: Council Member French made a motion to table the discussion, not vote on first reading, and directed staff to notify residents of a workshop discussing the Ordinance further; Council Member Painter seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Council Member French stated that during his orientation he was notified that his discretionary funds were at a zero balance, upon further investigation he was informed his funds were donated to the Beach Road Association, Jupiter Narrows, and the Tequesta Country Club Association. He felt that was not the intent of the funds and that they were meant to be used for Florida League of Cities events and training. He asked that the funds not be disbursed and that Council develop a policy on the intent of those funds as well as a pro-rata approach for use of the funds. Council agreed to review a policy and felt it was unfortunate that he did not have any funds for the next six months. Vice-Mayor Sartory requested a review of e-bike policies and a review of public notification process once ordinances were passed. Council was in favor of future discussions on e-bikes and the notification process. Mayor Young provided a recap on the Beach Road Association meeting she attended. ADJOURNMENT The meeting was adjourned at 9.15 PM. MOTION: Council Member Sartory made a motion to adjourn the meeting; Vice-Mayor Brandon seconded the motion. Carried unanimously 5-0 Respectfully submitted, Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.