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HomeMy WebLinkAboutMinutes_Regular_07/13/2017 MINUTES VILLAGE OF TEQUESTA �. REGULAR MEETING _ July 13, 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 Acting Clerk Mary Ann Grieser. Present were: Mayor Abby Brennan, Vice Mayor D'Ambra, Council Member Vince Arena, Council Member Steve Okun. Council Member Tom Paterno was absent. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Paul Beresford led the meeting with an invocation, which was followed by the pledge of allegiance. APPROVALOFAGENDA MOTION: Vice Mayor D'Ambra moved approval of the agenda; seconded by Council Member Okun; motion carried unanimously 4-0. PRESENTATIONS 1. Legislative Update by Senator Powell Mayor Brennan explained that since legislative boundaries were redrawn, our state Senate representative was now Bobby Powell. Mr. Powell said that of note was that he was vice chair of the transportation and economic development appropriations subcommittee that managed infrastructure funds. He spoke about the year's legislative activity: a state of emergency due to Lake Okeechobee discharges; medical marijuana legislation that allowed municipalities to ban medical marijuana treatment centers; SB 718 reduced the cost of registration for boats equipped with electronic positioning indicator radio (EPIR) which stemmed from the loss of Austin Stephanos and Perry Cohen. Additional topics covered were stroke legislation; education; health care; the opioid crisis; sober homes; home rule; and the budget (including funds for the Loxahatchee River preserve). He introduced his staff and gave his contact and social media information for his office. CONSENT AGENDA Council Member Okun requested removal of item 7A. MOTION: Council Member Okun moved approval of the Consent Agenda with item 7A removed; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. 2. MINUTES: May 30, 2017 Workshop and June 8, 2017 Regular Meeting and June Minutes — Regular 07/13/17 Page 2 21, 2017 Special Meeting 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. Call A Doctor Plus (Teledoc) Services Renewal Agreement-Human Resource $7,800.00; 2. Motorola Solutions Renewal Services Agreement-Police Dept. $17,745.68; 3. Nixle Everbridge Notification System Renewal Agreement-Village Clerk $4,774.05 4. Approve Mock Roos Engineering Services for Pinetree Drive Drainage Improvements 5. Approval to Memorialize the Village of Tequesta's Handling of all Maintenance and Upkeep Responsibilities for the Friends of Public Safety (FOPS) 9-11 Memorial and Fountain Located on Village Hall Property 6. RESOLUTION 30-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2016/2017 CAPITAL IMPROVEMENT FUND #301 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $50,147.00 TO FUND THE RECONFIGURATION OF U.S. HIGHWAY ONE FROM ALTERNATE A1A/BEACH ROAD TO COUNTY LINE ROAD 7B. RESOLUTION 32-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, INCREASING THE FISCAL YEAR 2016/2017 SPECIAL LAW ENFORCEMENT TRUST FUND #605 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $2,326.00 TO FUND THE PURCHASE OF TWO (2) NEW MTB 19" EAGLE PATRIOT BICYCLES AND ACCESSORIES USING ASSET FORFEITURE FUNDS END OF CONSENT AGENDA 7A. RESOLUTION 31-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE EXPENDITURE OF $2,326.00 FROM THE SPECIAL LAW ENFORCEMENT TRUST FUND TO BE USED TO PURCHASE TWO MTB 19" EAGLE PATRIOT BIKES TO BE IMPLEMENTED FOR BIKE PATROL AND SPECIAL EVENTS Council Member Okun recalled that a few years ago, the Sheriff's office gave The Village finro bikes and asked why we needed two more. Acting Police Chief McGrew explained that the existing bicycles were from 1995 and when donated to The Village, were already at the end of their useful life. He advised that the new bikes would be used during various Village events and for patrol in the Tequesta Country Club. At Council Member D'Ambra's request, Assistant Chief McGrew explained that the Trust Fund consisted of seizure funds that could only be used to purchase certain types of equipment. Minutes — Regular 07/13/17 Page 3 MOTION: Vice Mayor D'Ambra moved approval of Consent Agenda Item 7A; seconded by Council Member Okun; motion carried unanimously 4-0. COMMUNICATIONS FROM CITIZENS Mr. Basil Dalack of 225 Golfview Drive asked that the matter of holding a referendum for the US 1 lane reduction project be put on the agenda. Mayor Brennan explained that this was a Florida Department of Transportation project, several meetings were already held and work was scheduled to begin at the end of the year. COMMUNICATIONS FROM COUNCIL The Fire Department was applauded by Council Member Okun for their recent LeTour de Tequesta bike ride that promoted free home safety inspections and smoke detector installation to residents. He reminded that blood pressure and health checks were also offered. Mayor Brennan mentioned the bike rodeo and the nautical club and stated that both public safety branches were interested in organizing more community events. To facilitate this, a fund was established, scholarship donations were being accepted and the budget adjusted accordingly. Council Member Arena was impressed with the bike rodeo and he reported that the Run 4 Freedom had over 800 participants, vendors, food, and awards. A variety of fire safety issues were covered in a booklet that Chief Medina had available for residents. He reiterated Council Member Okun's comments regarding the Fire Department's free services to residents and heard that an EPIR was recently donated to the Village. Referring to the one-cent county sales tax, Council Member Arena voiced ideas for its use which included U.S. Highway 1 vegetation, bike path on Tequesta Drive, Village cycling club, kayak launch area, splash park, new dog park and a multi-purpose recreation center to double as a pet-friendly hurricane shelter. Council Member Arena announced, to applause, that he would run for reelection to the Village Council. He exuded appreciation for Village staff. Vice Mayor D'Ambra advised that Workshops were held to explore those types of ideas and invited the public to attend, offer their thoughts and participate in the process. STANDING REPORTS Villaqe Attornev Village Attorney Davis advised of successful service and default on all parties in a forfeiture litigation and he was hopeful that he would be able to report a final order and judicial sale date at the August Council meeting. He was asked to serve on the Florida League of Cities' Municipal Administration Policy Committee, which looked at issues such as sober homes, preservation of municipal election home rule, vacation rentals, and public notices. Villaqe Manaqer Minutes — Regular 07/13/17 Page 4 Village Manager Couzzo reported that he met with senior staff regarding capital projects. He announced that Police Chief Elg was activated for full Coast Guard duty; therefore, Acting Police Chief McGrew accepted the position of Police Chief. Chief McGrew expressed gratitude for the opportunity and explained that since there was a gap in police department administration, Sergeant Pike was moved into the lieutenant position which left an open sergeant position into which someone would be promoted. Council Member D'Ambra mentioned a donation he made toward enhanced signage in the Village and asked for a status on the project. Deputy Public Works Director poug Chambers answered that the signs arrived and installation would be scheduled. Next, Council Member D'Ambra asked for an update on the Willow Road property. Building Department Director Jose Rodriguez advised that the property received several violations in the past 10 years and could go through the code enforcement process with a Special Magistrate. Village Attorney Keith Davis chimed in that depending on the type of violation and whether it rose to the level of a public health or safety issue, a special magistrate could grant permission to enter and abate a property. If there was no homestead exemption on the property, foreclosure could be pursued to enforce fines. If homesteaded, a lien could only be attached however, according to Village Manager Couzzo, the owner had paid the fines in the past and come into compliance. Council Member D'Ambra stated that his concern was for neighbors of the property. Council Member Arena noticed that the boat storage situation on River and Golfview Drives was improved; the house on N. Cypress Drive was boarded up and neighbors were happy; and he wanted to use the remainder of his discretionary fund to purchase shirts for the public works department. REGULAR AGENDA OLD BUSINESS 8. ORDINANCE 06-17, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE II. BUILDINGS. BY REPEALING SECTION 14-34. TECHNICAL AMENDMENTS TO THE FLORIDA BUILDING CODE RESIDENTIAL ADOPTED. IN ORDER TO UTILIZE MORE STRINGENT STANDARDS CONTAINED IN THE CURRENT VERSION OF THE FLORIDA BUILDING CODE RESIDENTIAL; 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 Ordinance 06-17 title was read into the record by Village Attorney Keith Davis. This repealed a previous technical amendment and reverted to current Florida building codes, Minutes— Regular 07/13/17 Page 5 which were more stringent than the previous code adopted. There was no change from first reading. Mayor Brennan opened the public hearing for Council comment; there was none. She then opened the item for public comment; there was none. MOTION: Council Member Okun moved approval of ORDINANCE 06-17; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. 9. ORDINANCE 07-17, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE XII. FLOOD DAMAGE PREVENTION. BY AMENDING SECTION 78-779. BASIS FOR ESTABLISHING FLOOD HAZARD AREAS. TO UPDATE THE DATE OF THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS; FURTHER AMENDING THIS ARTICLE THROUGHOUT FOR CONSISTENCY WITH THE MOST CURRENT FEMA-APPROVED FLOODPLAIN MANAGEMENT POLICIES FOR FLORIDA; 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 Ordinance 07-17 title into the record. This recognized new flood maps effective in October and aligned flood plain standards with FEMA. Mayor Brennan opened the public hearing for Council comment but there was none. She opened the item for public comment; there was none. MOTION: Vice Mayor D'Ambra moved approva/ of ORD/NANCE 07-17; seconded by Council Member Okun; motion carried unanimously 4-0. 10. ORDINANCE 08-17, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE VI. PERMIT FEES. BY AMENDING SECTION 14- 157. FEE FOR JOBS STARTED WITHOUT A PERMIT. AND APPENDIX C. PERMIT FEES. IN ORDER TO INCREASE THE FEE AMOUNT FOR WORK STARTED WITHOUT A PERMIT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. AND APPENDIX C. PERMIT FEES. 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 Ordinance 08-17 title into the record then explained that this ordinance increased the fee for performing work without a permit to triple the regula� permit fee. Mayor Brennan opened the public hearing for Council comment but there was none. She opened the item for public comment; there was none. Minutes— Regular 07/13/17 Page 6 MOTION: Council Member Okun moved approval of ORDINANCE 08-17; seconded by; Council Member Arena motion carried unanimously 4-0. NEW BUSINESS 11. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2017/2018 at a Rate of 6.2920 Mills per $1,000.00 of Assessed Value and Setting the Budget Public Hearings as Follows: September 7, 2017 - 6:00 p.m. - Approve Tentative Budget; and September 14, 2017 6:00 p.m. - Approve Final Budget Village Manager Couuo explained that the Village was required annually to set a proposed Ad Valorem Millage rate. He recommend the rate remain the same at 6.2920 Mills per$1000 of assessed value. Mayor Brennan expanded on the Ad Valorem tax and pointed out that the county determined assessed property values. Final budget meetings were scheduled for 6 p.m. on September 11 and September 20, 2017. Manager Couzzo clarified that these dates were for the formal public budget meetings and Vice Mayor D'Ambra invited the public to attend wo�kshops where issues were discussed. MOTION: Council Member Okun moved approval of setting the 2017/2018 Ad Valorem Millage Rate and budget hearing dates; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. Village attorney Davis explained the quasi judicial nature of items 12 B & C and swore in nine people. When he asked whether Council had had any ex-parte communication, both Mayor Brennan and Vice Mayor D'Ambra disclosed conversing with Community Development Director Nilsa Zacarias separately on different matters related to this project. Nilsa Zacarias explained that approval of the replat (item 12A) is related to items 126 (site one) and item 12C (site two). Stanley Hill of H & D Consultants, Civil Engineers, 9310 Old Kings Road, Jacksonville, FL and Richard Salmon from Little Architects provided more detail on plans for the buildings including storm drainage. Mr. Salmon stated that the building closest to U.S. Highway 1 would be renovated first and all banking services housed there; part of site two (currently the bank drive through) required demolition but once finished, would house retail shops. Attorney Davis verified that their presentation consisted of slides that were already made part of the record. Council Member Okun wanted scrutiny of storm water management and parking spaces while Council Member Arena asked about the entrance to the parking lot. According to Mr. Salmon, the entrance was on Waterway, and the exit only on U.S. Highway 1. Council Member Arena also wanted assurance that trees would not be planted under power lines. Mr. Salmon confirmed that they would not. Vice Mayor D'Ambra noted that this was a critical corner in the Village and he was excited to see renovation there. He recommended that any signage be complementary to the Village's new signs and felt that the brick exterior was not in keeping with the ambiance of the Village. Mr. Salmon Minutes — Regular 07/13/17 Page 7 promised to modify the plan and work with staff toward a mutually agreeable design. Although Council Member Okun was not happy with the planned entrance and exit, Mayor Brennan noted that it was currently in the same place. Vice Mayor D'Ambra felt this should not have to go back to the Planning and Zoning Board again. According to Attorney Davis, if the Site Plan Reviews were approved with language specific to Council's desired changes to aesthetics only (not height or footprint), the projects would not have to return to the Planning and Zoning Board for review. 12A. Review and Approval of Replat for Branch Banking and Trust Company (BB8�T) Site - 101 N. US Highway One, Tequesta, Florida, 33469 MOTION: Council Member Okun moved approval of 88&T Replat; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. 12B. SPR 1-17: Application from Branch Banking and Trust Company (6B&T) for a site plan review to demolish an existing finro-story structure and build a one-story 2,290 sq. ft. building. The application includes site improvements, one (1) monument sign, and a new landscaping plan. The address of the property is 101 N. US Highway One, Tequesta, Florida, 33469. When Mayor Brennan opened SPR 1-17 for Council comments, there was further discussion on changes to the exterior for a look more compatible with the shopping center and the ambiance of The Village. Steve Parker, resident of 129 Fairview East reiterated Vice Mayor D'Ambra's views on the exterior and suggested stucco as well. Vice Mayor D'Ambra requested the same exterior be used for both sites. MOTION: Vice Mayor D'Ambra moved approval of SPR 01-17 subject to the incorporation of old Chicago brick or similar comparable exterior, seconded by Council Member Arena; motion carried unanimously 4-0. 12C. SPR 2-17: Application from Branch Banking and Trust Company (BB&T) for a site plan review to modify the existing structure and provide a one-story 4,000 sq. ft. building. The application includes site improvements and a new landscaping plan. The address of the property is 20 Waterway Road, Tequesta, Florida, 33469. Mayor Brennan opened SPR 2-17 to Council but there was no further comment. When she opened the matter to the public, no one commented. MOTION: Vice Mayor D'Ambra moved approval of SPR 2-17 subject to the requirement that the same brick as ultimately used for site 1 be used for site 2; seconded by Council Member Arena; motion carried unanimous/y 4-0. Mr. Salmon estimated that construction would begin this fall. Community Development Director Nilsa Zacarias thanked the Development Review Board Members, and Building and Public Safety Departments for all their work in these two site plans. Minutes— Regular 07/13/17 Page 8 13. Appointment of Florida League of Cities Voting Delegate for the 91 st Annual Florida League of Cities Annual Business Session Mayor Brennan announced that she was usually the delegate and she was happy to be again. MOT/ON: Vice Mayor D'Ambra moved approval of appointing Abby Brennan as voting delegate to the Florida League of Cities; seconded by Council Member Okun; motion carried unanimously 4-0. 14. Approve DP Development Piggyback Contract with the Village of Tequesta for Utility Construction Attorney Davis explained that this was a proposal to piggyback off a city of West Palm Beach contract as detailed in the meeting agenda backup documentation. The West Palm Beach contract contained a fee schedule that was not included in the documentation; however the contract was properly procured by the city of West Palm Beach. Vice Mayor D'Ambra stated that these piggyback contracts save the Village both time and money. MOT/ON: Vice Mayor D'Ambra moved approval of Item 14; seconded by Council Member Arena; motion carried unanimously 4-0. 15. Approve Phillips and Jordan, Inc. Agreement with the Village of Tequesta for Hurricane/Disaster Debris Removal for July 13, 2017 - July 13 2022 Deputy Public Works Director poug Chambers advised that since Phillips and Jordan, Inc was awarded a new contract with Palm Beach County, this item piggy backed off that contract. He clarified that this was separate from regular garbage pick-up. MOTION: Council Member Okun moved approval of Item 15; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. 16. RESOLUTION 28-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE STORMWATER RATES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2018 Finance Director Chris Quirk requested a rate increase of 10%. Last year's rate increase was five percent and prior to that, the last increase occurred in the 1980's. According to Mr. Quirk, The Village would be unable to fund projects if the rate did not increase and the impact to residents was approximately six dollars per year. Though the ten percent increase was still insufficient, a five percent per year increase for a number of years would make it self-sustaining. Mr. Couzzo interjected that any increases were to address the future and make sure reserves were strong. Minutes — Regular 07/13/17 Page 9 MOTION: Council Member Okun moved approval of Item 16; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. 17. RESOLUTION 29-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE A CHANGE TO THE PROCUREMENT POLICY. THE COUNCIL ESTABLISH THE DISCRETIONARY PROCUREMENT THRESHOLD TO BE $10,000 AND THE INFORMAL PROCUREMENT THRESHOLD TO PURCHASES OF $10,000 BUT LESS THAN $25,000 Manager Couzzo recalled a prior meeting in which Council Member Paterno suggested increasing the thresholds for procurement due to a difficulty of finding local vendors. Mayor Brennan felt that the increase made sense. MOTION: Council Member Okun moved approval of Item 17; seconded by Vice Mayor D'Ambra; motion carried unanimously 4-0. ANY OTHER MATTERS Council Member Arena brought up the Nautical Club and felt educating residents on boat permit particulars would be beneficial. He stated that only the homeowner may store a boat on their property; those who repair boats are not allowed to store boats on their property. The ordinance is part of one that pertained to recreational and commercial vehicles, trailers and parked boats, not docked boats. One complaint Council Member Arena heard was that staff did not know the reason for the ordinance and explained that it was so that boats did not over-accumulate on properties. Council Member Okun felt that a one-page summary would be helpful in this regard. ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor D'Ambra. The motion to adjourn carried unanimously 4-0; therefore, the meeting was adjourned at 8:01 p.m. Respectfully submitted, ��d�. �'1e�,���,c� 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.