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HomeMy WebLinkAboutMinutes_Regular_01/12/2017 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING January 12, 2017 � � , CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 6:00 p.m. A roll call was taken by Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor Vince Arena, Council Member Steve Okun, Council Member Tom Paterno, Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE Vice MayorArena led the meeting with the invocation followed by the pledge of allegiance. Mayor Brennan asked if any council members wished to speak under Any Other Matters. Council Member Paterno wanted to speak about the PACE program and Vice Mayor Arena wanted to speak about Jupiter Narrows. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice MayorArena; motion carried unanimously 5-0. PRESENTATION 1. Proclamation recognizing Synthetic Turf International for their donation of a synthetic three-hole putting green at Constitution Park. Mayor Brennan met John Gallina, President of Synthetic Turf International, at a Tequesta Business Association meeting. He wanted to give back to the Village in some way so she referred him to Greg Corbitt, Director of Parks and Recreation. Synthetic turf was installed in Constitution Park at the putting green and swings. Mr. Corbitt praised the results and thanked Mr. Gallina for his contribution. Village Clerk, Lori McWilliams read the Proclamation. CONSENT AGENDA Items six and seven were removed for discussion. MOT/ON: Council Member D'Ambra moved approval of the following Consent Agenda; seconded by Council Member Okun; motion carried 5-0. 2. MINUTES: 11/10/16 Regular Meeting and 12/8/16 Regular Meeting Minutes — Regular 01/12/17 Page 2 3. 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): 1. Village of Tequesta Interim Firefighter Contract f.or Christopher Chance- $N/A - Replacement Position Already Budgeted; 2. Island Time Production Agreement - Parks & Recreation Department $4,950.00; 3. FDG Flagler Station II LLC Lease Renewal Agreement File#281-1-2a $3,695.00; 4. Metro Fire Protection Services Amended Annual Agreement-Fire Department $743.00 . 4. Approve a Master Contract with Therma Seal Roof Systems, Inc. for the repair and replacement of the roofs of the Village of l"equesta buildings on an "as needed" . basis for a period of 3 years with an option for an additional 2 years. 5. Approve an Agreement with Mock Roos for Stormwater Engineering Services for drainage improvements in the South Cypress Alley Way and on Fiesta Drive. END OF CONSENT AGENDA 6. Approve the Purchase of Sensus iPERL Water Meters from HD Supply to Replace the Aging Water Meter System Council Member Paterno asked if this was an appropriate time to install a more user- friendly AMI or AMR system. Village Manager Couzzo advised that other options were a significant investment. Deputy Utilities Director Sam Heady explained that these would replace broken meters fhroughout the system as needed. To upgrade areas that had old meters required strategic antennae placement at additional cost. By Council Member Paterno's calculations, savings from new meter accuracy and no employees required to read them would pay for a new system in five to six years with improved customer service an added benefit. According to iVlr. Heady, the new meters adapted to whatever reading mechanism Council decided to use. It was determined that this item would be discussed � at the next Council Workshop. 7. Approval of the Easement Agreement between Verizon Wireless and the Village of Tequesta for a Utility Easement that will Upgrade the Fiber Optics Plan Located at the Village's Public Works Site It appeared to Council Member Paterno that the contract allowed Verizon Wireless to terminate the easement agreement but not the Village. Mary Vaughn, Verizon Wireless Construction Project Manager, agreed to have appropriate wording added. Mary also explained that Verizon requested a larger easement than AT&T as they were reinforcing their whole network, which involved work in the right-of-way. Village Attorney Keith Davis confirmed he would add wording regarding agreement cancellation and further advised that the engineers who reviewed ttie agreement had no problem with the size or location of the request. MOTION: Council Member Paterno moved approval of the Approval of the Easement � Agreement between Verizon Wireless and the Village of Tequesta with fhe added Minutes — Regular 01/12/17 Page 3 language for a Utility Easement that will upgrade the Fiber Optics Plan Located at the Village's Public Works Site; seconc/ed by Council . Member Okun; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS Harold Taylor of 13 Chapel Court expressed concern over west bound traffic going too fast through the intersection of Dixie Highway and Countyline Road. He felt that a lower speed limit or flashing red lights in four directions was a good solution. Mayor Brennan promised to contact both Martin and Palm Beach Counties regarding this. Vice Mayor Arena suggested flashing red lights on top of each stop sign. COMMUNICATIONS FROM COUNCIL Vice Mayor Arena wished all a happy New Year and read into the record a letter from an eighth grade resident (the first citizen communication he received this year) regarding the timely opening of the skate park. He encouraged young people to have confidence in their government. This gave him a new idea of how to take care of the skate park that he discussed with Director Corbitt and would eventually bring to Manager Couzzo. Council Member Okun enjoyed the festive holiday lights. Council Member D'Ambra said that although Council did not support the sales tax increase, it passed and the Village would benefit from it. He encouraged input from citizens on ideas for infrastructure spending. Over the holidays, Mayor Brennan visited businesses in the Village and thanked them for locating here. Most were happy to be here and loved their customers. Mayor Brennan mentioned the Citizens Observer Patrol's (COPS) "Fantastic Four" holiday card and how important the program was to the community. � STANDING REPORTS Villaqe Attornev Since the Amendment legalizing medical marijuana passed in November, Village Attorney Keith Davis proposed discussion of Village code regarding regulations for medical marijuana dispensing facilities this at the next workshop. Villaqe Manaqer Village Manager Couzzo advised that the Jupiter Inlet Colony water system change out was complete but the sewer work was not. To date, no ch.ange orders were received and lower than anticipated costs were expected. Village Clerk, Lori McWilliams and Information Technology Manager, Brad Gomberg were recognized for the Village website's design upgrade. Mayor Brennan relayed a compliment from Executive Director of the Loxahatchee River District, D. Albrey Arrington Ph.D. to Village Deputy Utilities Director, Sam Heady for his oversight of the water system project. - Minutes — Regular 01/12/17 Page 4 REGULAR AGENDA OLD BUSINESS ' There was none. NEW BUSINESS � 8. SE 01-17: Annual Strawberry Festival. Special Event Application from First Presbyterian Church. The event will be March 4, 2017 from 9 AM to 2 PM. Alcohol will not be.served, and the projected number of attendees is 600 people. The event will take place at First Presbyterian Church, 482 Tequesta Drive. MOTION: Council Member Paterno moved approval of SE 01-17; seconded by Council Member Okun; motion carried unanimously 5-0. 9. VAR-01-17, Application of 384 Tequesta Drive Corporation, d/b/a Perk Coffee House, 384 Tequesta Drive, Tequesta, FL 33469, for a Variance from the requirement of Sec. 78-298 to sell intoxicating liquors, wines and beverages for consumption �on the premises within a 538 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property owner is Gallery Square South LLC. Village Attorney Keith Davis announced that Item numbers 9 and 11 were Quasi judicial proceedings and swore in ten people for both items. The Council disclosed no Ex-parte communication. Village of Tequesta Community Development Director Nilsa Zacarias provided two letters of support signed by representatives of the Village of Tequesta Recreation Center and the Episcopal Church of the Good Shepherd. Council Member D'Ambra welcomed the business to the community. MOTION: Council Member D'Ambra moved approval of VAR-01-17; seconded by Vice MayorArena; motion carried unanimously 5-0. 10. Plat Review: Key Estates Tequesta Senior Housing Application from Key Estates Tequesta Senior Housing LP, for a Plat Review. The address of the property is 4534 & 4546 County Line Road, Tequesta, Florida 33469. The property is located in the R-2 Multiple Family Dwelling District. Ms. Zacarias declared that the Plan was concurrent with the site plan review and engineer review found it code compliant. MOTION: Council Member Okun moved approval of Plat Review: Key Estates Tequesta Senior Housing Application from Key Estates Tequesfa Senior Housing LP; seconded by Council Member D'Ambra; motion carried unanimously 5-0. > Minutes — Regular 01/12/17 Page 5 11. SPR 01-16, Application from Key Estates Tequesta�Senior Housing LP, for a Site Plan Review to develop and operate a 96-unit Adult Congregate Living Facility (ACLF) with adjacent grounds and site amenities as a Planned Residential Development (PRD), pursuant to Sec. 78-174(d)(7) and (12), and Secs. 78-221 through 78-228 of the Village Code. The application includes modification to the Declaration of Restrictive Covenants. The address of the property is 4534 & 4546 County Line Road, Tequesta, Florida 33469. The property is located in the R-2 Multiple Family Dwelling District. Ms. Zacarias recognized the members of the Development Review Committee (D.R.C.) that included architects and drainage and traffic engineers who reviewed the project. The site plan was reviewed in great detail and was ready for Council approval. Next, George Gentile who represented Key Estates made a presentation. He reminded that the applicant met with residents first for their input and suggestions before the project started. Plans were adjusted according to that input. Mr. Gentile mentioned the tax and employment benefits to the Village, which included residents of Hannah's Home as � potential employees. He touched on the contamination clean-up benefit and that traffic studies were conducted. Council Member Paterno inquired about the location of the generator on the roof and requested that any tests of it be done mid-day. Water run-off, traffic, and total number of units and residents was also discussed. Overall, the project � was expected to make a positive impact on the Village of Tequesta. MOTION: Council Member Okun moved approval of SPR 01-16; seconded by Council Member Paterno; motion carried unanimously 5-0. 12. Council Approval of the Proposed Point Drive Maintenance Map / Dedication Village Attorney Keith Davis stated that the Village had maintained the Point Drive tree area for years and this formally made it property of the Village. Council Member Paterno advised that neighboring residents wished to be involved in the use and care of it. MOTION: Council Member Okun moved approval of the Proposed Point Drive Maintenance Map / Dedication; seconded by Council Member Paterno; motion carried unanimously 5-0. 13. ORDINANCE 1-17, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 70. TAXATION. OF THE CODE OF ORDINANCES OF THE VILLAGE OF , TEQUESTA BY AMENDING ARTICLE IV. PUBLIC SERVICE TAX, DIVISION 2. ELECTRICITY, GAS AND WATER., SECTION 70-121, BY REDUCING THE PUBLIC SERVICE TAX ON THE PURCHASE OF WATER FROM 6% TO 3%; LEAVING THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY, NATURAL GAS, LIQUEFIED PETROLEUM GAS, MANUFACTURED GAS AT THE CURRENT 9%; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 70 SHALL REMAIN IN FULL FORCE AND Minutes — Regular 01/12/17 Page 6 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 Ordinance 1-17 title into the record and stated that this was the first reading of the first of two ordinances that would ultimately lower the tax on water to zero. Mayor Brennan announced that this was a public hearing and open for Council comment. Council Member D'Ambra was happy that this was on schedule. Mayor Brennan opened the meeting to the public for comments but there were none. MOT/ON: Council Member Okun moved approval of ORDINANCE 1-97; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 14. Appointment of an Infrastructure Surtax Citizen Oversight Committee An advisory committee was required in conjunction with the Infrastructure Surtax. The (unpaid) committee was required to meet monthly and the Village received funds monthly. A report by the Committee to the Village was required annually. The Village was permitted to use that League of Cities to fulfill the requirement however, there was concern that it was not a local group. Although Village code permitted the assignment of this responsibility to the Planning and Zoning Board, it was unknown whether the Board was aware of the potential for this added responsibility. It was agreed that the advisory oversight duties would be assigned to the existing Planning and Zoning board unless there was objection and subject to their final approval. This would be reported on at the next Council Workshop or Meeting following #he February Planning and Zoning board meeting. MOT/ON: Council Member Okun moved approval of the Appointment of an Infrastructure , Surtax Citizen Ov.ersight Committee; seconded by Council Member D'Ambra; motion carried unanimously 5-0. 15. PULLED FROM AGENDA: Discussion Regarding Annexation by Inferlocal Agreement 16. Council Consideration of Busch Wildlife Donation Request Mayor Brennan advised that this request was brought before Council each year. Council Member D'Ambra donated $500 of his expense money last year and offered to do the same again. Vice Mayor Arena had contributed in the past but this time was directing his money to the Nautical Club. 17. Discussion and Action on Allowing Jupiter Lighthouse Use of Paradise Park for Overflow Parking on February 25, 2017 from 11:00 a.m. - 5:00 p.m. for the Annual Sea Fest for Kids Event � Brief discussion followed about insurance and parking on pavement only. Minutes — Regular 01/12/17 Page 7 MOT/ON: Council Member D'Ambra moved approval of Allowing Jupiter Lighthouse Use of Paradise Park for Overflow Parking on February 25, 2017 from 11:00 a.m. - 5:00 p.m. for the Annual Sea Fest for Kids Event; seconded by Vice Mayor Arena; motion carried unanimously 5=0. 18. ADDED TO THE AGENDA: RES 07-17. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2016/2017 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $48,135.00 TO FUND ADDITIONAL COSTS TO FURNISH AND INSTALL BUILDING AUTOMATION CONTROLS AND EQUIPMENT TO THE PUBLIC SAFETY FACILITY AIR CONDITIONING SYSTEM. According to Deputy Public Works Director poug Chambers, the mechanical components � of the air conditioning system appeared fine but the controls conflicted with the system. Manufacturer support was in question if a system had mixed components. A mold remediation company tested the facility's air quality two times in the last four and one half months and while no health risk existed, levels of mold had risen. Typically, the thermostat was set at 69-70 degrees but was lower now in an effort to rid the building of humidity. Without the ability to open windows (a natural solution), the heat exchangers were the only way to dry out the moisture. There was discussion about the source of funds for the purchase. Manager Couzzo reminded that money was allotted in the operating budget, not from savings; there was a budget to adhere to and a fhree point six finro percent expenditure cap would not be� exceeded. Council Member Paterno recommended that the money come from the one percent capital account, then replenished with the realized savings. Of concern was that the purchase was more a repair than a capital project. If sufficient savings were not realized, the difference would � be reimbursed from the one percent which kept the Village within its operating structure. MOT/ON: Council Member D'Ambra moved approval of RES 07-17; seconded by Council Member Paterno; motion carried unanimously 5-0. � ANY OTHER MATTERS Council Member Paterno was concerned after reading a negative article with the Property Assessed Clean Energy (PACE) program of which the Village was a part. He provided an article that recounted negative stories related to the program in other parts of the country. Of concern was that residents who participated were fully educated on how the program worked and protected from contractors who might seek to take advantage. A representative of the program assured that strict underwriting guidelines were adhered to supported by the fact that there had been no PACE instigated foreclosures. The program encouraged consumer protections such as the use of market data for price review; multiple disclosures required of contractors; and a phone call from the program if a participant was 65 years old or older. The program included contractor registration and oversight and the contractor mentioned in the article was suspended due to the conduct mentioned in the article. Minutes — Regular 01/12/17 Page 8 Vice Mayor Arena represented the Village of Tequesta on the Jupiter Narrows Project (an effort for boat speed reduction from Cato's Bridge to the end of Coral Cove Park). Based on his research, the time to travel from Cato's bridge to the end Coral Cove Park at idle speed was roughly six minutes whereas the time to travel that distance at 25 mph was two minutes, a difference of four minutes. The Project requested that Tequesta write a resolution to reduce the speed limit, then other municipalities would follow suit. This was a very grass roots effort right now but would eventually proceed to the Army Corp of Engineers and FWA. Vice Mayor Arena wanted Council to decide on the resolution. Council Member D'Ambra felt that four minutes was not too much for someone to give up to protect people and the environment. There was a consensus that Attorney Davis would draft a resolution for Council to review at a future date. ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Council Member D'Ambra. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 7:44 p.m. RespectFully submitted, � �1,c.; l�Yl �c.ci(.�,c�ai� 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.