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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_11/09/2017 MINUTES VILLAGE OF TEQUESTA REGULAR MEETING � October 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 Village Clerk Lori McWilliams. Present were: Mayor Abby Brennan, Vice Mayor D'Ambra, Council Member Vince Arena, Council Member Steve Okun, and Council Member Tom Paterno. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Abby Brennan led the meeting with an invocation and the pledge of allegiance. APPROVALOFAGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. Mayor Brennan advised that she had an item to discuss under Any Other Matters. PRESENTATIONS 1. Proclamation Proclaiming the Week of October 23-31 , 2017 as Red Ribbon Week as Recognized by the Young Marines of the Marine Corps League to Foster a Healthy, Drug-free Lifestyle No one was present to receive the proclamation. 2. Presentation of US One Complete Streets Project Awards by Michael Busha, Executive Director, Treasure Coast Regional Planning Council Mayor Brennan acknowledged Michael Busha and Kim Delaney for their participation in the Complete Streets Project and stated that they facilitated community outreach and supported The Village as it pursued a grant from the Palm Beach County Municipal Planning Organization. Ultimately, the Florida Department of Transportation fully funded the project (except for turn lanes) and included some additional items. Mr. Busha thanked The Village for their partnership and leadership and praised the Village's plan. Further, he announced The Village received the following acknowledgements: the 2017 Outstanding Infrastructure Award from the Florida Planning and Zoning Association; the 2017 Award of Merit for Best Practices from the Florida Chapter of the American Planning Association; and recognition in the National Association of Development Organizations' 2017 innovation awards. Minutes— Regular 10/12/17 Page 2 3. Public Safety Pension Board Presentation-Kyle Stone, Pension Board Member Mr. Stone announced that the next Public Safety Pension Board meeting was scheduled for November 6, 2017 and stated that the management company was the same but their name had changed. He briefly summarized the martcet segments and advised that the ending value was $13,172,620, overall funding was up and the market had done well. Council Member Paterno asked about the creation of a shared account with the unused "185 money." According to Mr. Stone, the board's legal advisors recommended that a shared account be created since this money currently had no "home." Vice Mayor D'Ambra requested the pension attorney provide an analysis of the accumulated unused monies for the "185 fund." He also questioned the value of And & Company due to their fees; a sentiment echoed by Council Member Paterno who then thanked Mr. Stone for his volunteer service on the board. 4. Presentation of Waste Management, Inc. Annual Report by Jeff Sabin, Waste Management Government Affairs Manager Deputy Director of Public Works Doug Chambers announced Jeff Sabin of Waste Management who then introduced Michael DeClerck (Senior District Manager- Collection Operations at Waste Management). Both were involved in recent contract negotiations with The Village where a concern of Village staff was maintaining or increasing the level of service to residents. One change was that commercial account pick-ups where adjacent to residences, were delayed to 7 a.m. or later, which was consistent with the residential collection time. Mr. Sabin complimented Deputy Public Works Director poug Chambers for his communication with them after the storm. The result of the negotiations was that Waste Management froze residential rates for the next two years, commercial rates would nominally increase after the first year, and a shred event was included in the new contract. Mr. DeClerck advised he was new to the area but had 28 years of industry experience, which included large and small municipalities and it was a pleasure to work with the Village negotiating team. He spoke of improvements made at the Hobe Sound facility to help retain the best employees. Council Member Arena thanked both Waste Management and its sub-contractors for an outstanding job after the recent storms. When Council Member Paterno asked about Waste ManagemenYs safe neighborhood program, Mr. Sabin spoke about Waste Watch, a neighborhood watch program in which their crews watched for suspicious activity or lack of regular activity, and then notified a specific local law enforcement contact. CONSENT AGENDA MOTION: Vice Mayor D'Ambra moved approval of the Consent Agenda with items eight, nine and 11 removed; seconded by Council Member Patemo; motion carried unanimously 5-0. Minutes — Regular 10/12/17 Page 3 5. MINUTES: 9/14/17 Regular Meeting Minutes; 9/20/17 1St Hearing to Adopt Tentative Budget Minutes; and 9/27/17 2"d Hearing to Adopt Final Budget Minutes 6. 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. Avality Advanced Clearinghouse Direct Agreement-Fire Dept. $Varies; 2. Costa Farms Credit Application-Public Works $ Varies; 3. DG Carpentry LLC Proposal- Public Works $2,961.78; 4. FL Dept. of Hwy Safety & Motor Vehicles Driver and Vehicle Information Database System Memorandum of Understanding-Police Dept. $ N/A; 5. Wade Consulting Agreement-Water Plant $3,000.00. 7. Approval to Allow JTAA (Jupiter Tequesta Athletic Association) to: 1. Hold the 41 S� Annual Holiday Parade on Sunday, December 10, 2017 Starting at 11:OOam; 2. Utilize a Portion of Old Dixie Highway in Tequesta; and 3. Village of Tequesta to Provide the Necessary Police Coverage for the Event. 10. Approve Human Resources Leave of Absence Policy to Address the Process Involved when the Village Manager is the Employee Requesting a Leave of Absence 12. RESOLUTION 39-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA SUPPORTING THE COUNTYWIDE OFFICE OF INSPECTOR GENERAL, AND FURTHER SUPPORTING THE FUNDING OF SAID OFFICE THROUGH COUNTY AD VALOREM TAX DOLLARS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13. RESOLUTION 43-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR ACCESS TO PUBLIC RECORDS BY REMOTE ELECTRONIC MEANS IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER 119, FLORIDA STATUTES; FURTHER APPROVING THE KEEPING AND MAINTAINING OF THE VILLAGE'S RECORD (MASTER) COPY DOCUMENTS ON ELECTRONIC MEDIA, NAMELY THE VILLAGE'S BSA FINANCIAL SUITE SOFTWARE, HUMAN RESOURCES INFORMATION SYSTEM BAMBOO SOFTWARE AND THE POLICE DEPARTMENT'S SMARTCOP SOFTWARE, IN ACCORDANCE WITH THE REQUIREMENTS OF F.A.C. RULE 1 B-26.003; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 14. RESOLUTION 48-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AFFIRMING PARTICIPATION IN THE PALM BEACH COUNTY PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE Minutes— Regular 10/12/17 Page 4 END OF CONSENT AGENDA 8. Approve Agreement between Green Integrity and the Village of Tequesta Permitting the Reinstatement of the Banyan Tree Removal Permit and Applicant's Request to Remove Tree and Remuneration to the Village of Tequesta (backup to follow) Gary and Joanie Szorosy of 40 River Drive thanked Council for reconsidering removal of the banyan tree. They stated that they had maintained the tree for the last 18 years and questioned why The Village would be compensated for its removal. Vice Mayor D'Ambra said Council's sentiment was that the tree was Village property and in this instance, The Village was willing to share the proceeds with the Szorosys. Attorney Keith Davis explained that in the permit agreement, the banyan tree would be replaced by three oak trees; furthermore, Village Ordinance required adjacent property owners to maintain the rights of way and Mayor Brennan reiterated that though the Szorosys had maintained the tree, The Village owned it and felt that sharing the proceeds was a reasonable compromise. MOTION: Vice Mayor D'Ambra moved approval of Item 8; seconded by Council Member Arena; motion carried unanimously 5-0. 9. Approve Agreement befinreen the Village of Tequesta and the Tequesta Country Club Returning the Golf Course Bridge befinreen the 17�h and 18th Holes to Tequesta Country As a member of the Tequesta Country Club, Council Member Paterno announced a conflict of interest, which was his reason for his request that Item 9 be removed from the Consent Agenda. He did not participate in any discussion. MOTION: Vice Mayor D'Ambra moved approval of Item 9; seconded by Council Member Arena; with Council Member Paterno recused, motion carried 4-0. 11. RESOLUTION 38-17, A RESOLUTION 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 Council Member Paterno asked for an explanation of this item. Finance Director Chris Quirk explained that the Jupiter Inlet Colony water system was over 25 years old, no longer being used and would discard in place since the new water system was under the opposite side of the road. Police Chief James McGrew explained the disposition of two police tazers: one wore out and the other was damaged when an officer fell into the river. Fire Chief Joel Medina answered Council Member Arena's question about Air Packs by saying that they were not in service for quite some time but never discarded. Council Member Minutes— Regular 10/12/17 Page 5 D'Ambra asked about donating them to a department in need, however Chief Medina answered that since they have been declared obsolete by the National Fire Protection Association, they would not be welcome in any agency governed by the NFPA but might be useful in another country. He also stated that donation may be more cost effective than disposal. When Council Member Arena questioned the disposal of an ice machine, Deputy Public Works Director poug Chambers explained that he implemented an equipment maintenance program that extended the lifespan of items in the future. MOT/ON: Council Member Patemo moved approval of Item 9; seconded by Council Member Okun; motion carried unanimously 5-0. COMMUNICATIONS FROM CITIZENS There were no other citizens in attendance who wished to speak. COMMUNICATIONS FROM COUNCIL Council Member Okun thanked his fellow council members for agreeing to investigate the possibility of a pet friendly hurricane shelter for which Chief Medina has taken the lead. He then thanked Council Member Arena for researching the possibility of a Village Community Center. Council Member Arena advised that with the approval of the Village Manager, he along with Parks and Recreation Director Greg Corbitt and Building Director Jose Rodriguez had begun investigating a new community center; they will present their findings at a future workshop and he invited the public to attend. Due to inquiries from the community, he addressed fishing from the bridge and said that there were many valid reasons against allowing it; he sought a nice looking "no fishing" sign on the bridge that referenced the ordinance. A citizen wholeheartedly agreed with Council Member Arena's statements. A board member of the Tequesta Country Club (inaudible name) commended Sam Heady for his recent work in the community. Vice Mayor D'Ambra warned of the danger of kids jumping from Cato's bridge into the channel. He urged parents to discuss this with their children. STANDING REPORTS Village Attorney Village Attorney Keith Davis sought advice from Council regarding 414-D Cypress Drive as there was a final judgement hearing for judicial sale date scheduling set for 10/19. Contact was finally made with the property owner who may be willing to convey title in exchange for relief from the approximate $59,000 first mortgage. The mortgage took precedence over a code enforcement lien. The property was secured but required gutting and appliances. Final judgement was expected to be in the high $90,000 range; the Village's costs were approximately $43,000 and there were two interested buyers. An interested buyer was willing to offer $20,000 over the mortgage amount. Attorney Davis spelled out the following options: Minutes — Regular 10/12/17 Page 6 1) The property went up for bid and the Village would enter a bid for the mortgage amount plus Village costs ($94,000 total) in anticipation that higher bids would ensue. This ensured that The Village costs were covered but the risk was that if no other bids were received the Village would own the property. 2) The property went up for bid and the Village would not enter an offer. In this scenario, the opening bid was $100 and went up in $100 increments until sold. If the sale price was less than the mortgage plus our lien amount, the buyer either paid the fines or negotiated with the Village regarding them. 3) Work with the living property owner for deed in lieu of foreclosure, take ownership of the property, rehabilitate then sell it. The risk of this option was whether any hidden rehabilitation issues existed; however, there was an opportunity for the Village to make some money from it. After some discussion, consensus of Council was to pursue the deed in lieu of foreclosure, then sell the property "as is" in an attempt to recuperate costs. Regarding Police Officer Ariel Ramirez's arbitration, Attorney Davis reported that The Village's motion to vacate was denied and a ruling made in favor of Officer Ramirez. Money that Mr. Ramirez owed The Village would be subtracted from the back pay he was awarded. Previously, Mr. Basil Dalack requested that Council consider a referendum on the U.S. 1 project. Recently, he reiterated that request and stated that he was considering a lawsuit against The Village. In lieu of a lawsuit, Mr. Dalack sought a meeting to discuss the project. However according to Attorney Davis, many of Mr. Dalack's allegations had no merit. Council discussion included the following points: • this was an FDOT project • years of outreach was conducted as part of The Village's due diligence • Mr. Dalack was invited to but did not attend this Council meeting • Council should listen to everyone but a meeting in this case would be unproductive as Mr. Dalack's goal was to stop the project • some taxpayer money was used for turn lanes, however the amount was minimal compared to the cost of the whole project • there was no new information to consider Consensus of Council was that Attorney Davis report back to Council after talking with Mr. Dalack regarding the result he sought. Mayor Brennan introduced James Weinand who came out of retirement to assist The Village during Mr. Couzzo's absence. His recent experience included 25 years in firefighting and plan reviews. She added that as a former Village employee, he was already familiar with Tequesta's different departments. Minutes— Regular 10/12/17 Page 7 Villaqe Manaqer Acting Village Manager James Weinand wished Mr. Couzzo a quick recovery and said he felt honored to assist. He added that he was conservative by nature and preferred to do things right the first time. He announced an open house scheduled for 11/7/17 in regards to the FDOT project that would start on 11/6/17. Mr. Weinand stated the Tequesta Drive roadway resurface project was complete with the exception of striping; hurricane debris removal was almost finished and the new police and fire departments' boat had arrived. With many upcoming special events, and in light of recent horrific events across the country, Acting Manager Weinand requested that staff pay close attention to security and noted Tequesta Fest would be a clear bag event. A revised water leak policy was ready for discussion at the Council workshop on 10/30/17. In addition, since Comprehensive Plan Amendments had not been updated since 2009, he would ask that Community Development Director Nilsa Zacarias present on that process. He stated that several citations were issueQ regarding boat screening and felt that more education was needed regarding boat registration since the number registered was still quite low. When Council Member Paterno asked about new water meters, Mr. Weinand deferred to Deputy Utilities Director Sam Heady who advised that although the supplies had arrived, Hurricane Irma delayed the process, however they expected to install 75 per month over a three-year plan. REGULAR AGENDA OLD BUSINESS 15. ORDINANCE 18-17, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. BY AMENDING SECTION 2-61. PENSION TRUST FUNDS, EXHIBIT A, THE GENERAL EMPLOYEES' PENSION TRUST FUND, TO ADOPT REVISIONS REQUIRED BY THE TERMS OF THE IRS FAVORABLE DETERMINATION LETTER DATED MARCH 30, 2017; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Keith Davis read Ordinance 18-17 title into the record. This was the second reading and when Mayor Brennan opened the hearing for Council and public comment, there was none. MOTION: Council Member Okun moved approval of Ordinance 18-17; seconded by Council Member Arena; motion carried unanimously 5-0. Minutes — Regular 10/12/17 Page 8 NEW BUSINESS 16. SE 06-17: Special Event Permit Application from Ragnar Events, LLC for a 200 mile run that will stretch from Melbourne Beach, FL and to finish in South Beach, FL. The event is planned to take place from November 11, 2017 through November 12, 2017. Alcohol will not be served. Projected number of attendees is 300 people. Community Development Director Nilsa Zacarias introduced Ms. Bria Todd of Salt Lake City, Utah who represented event sponsor Ragnar Events. Ms. Todd explained that this event had been held several times in the past starting in Miami and ending in Key West, however this time, they wished to start in Melbourne and end in Miami. Ms. Todd advised that the runners (wearing reflective gear) would pass through Tequesta on Federal Highway without stopping in the very early morning hours. Mayor Brennan raised concern over the Chili Cook-off that same day, which historically resulted in increased traffic. During discussions over runner safety, Ms. Todd agreed to pay for a police detail dedicated to the race and informed that the race benefitted several different charities MOTION: Vice Mayor D'Ambra moved approval of SE 06-17 with the condition of a police detail paid forby the race organizer, seconded by Council MemberPatemo; motion carried unanimous/y 5-0. 17. SE 07-17: Special Event Application from the First Baptist Church of Tequesta for the Fall Festival. The event will take place on October 31, 2017 from 6:00 p.m. to 9:00 p.m. The event will be located in the east parking lot of the Church property at 423 Tequesta Drive. The projected number of attendees is 600 people. No alcohol will be served. MOT/ON: Council Member Okun moved approval of SE 07-17; seconded by Vice Mayor Arena; motion carried unanimous/y 5-0. 18. SPM 10-17: Application from Rubiano Holdings, Inc. d/b/a Dunkin' Donuts for a site plan modification to redevelop existing building per corporate standards. The application includes building and dumpster colors, directions and wall signs, menu board, monument sign, exterior wall lighting, canopy over the drive thru, and clearance poles on the north and west sides. The plaza owner is Tameast Tequesta, Ltd. d/b/a County Line Plaza. The address of the property 722 N. US Highway One, Tequesta, Florida 33469. Attorney Davis advised the quasi-judicial nature of SPM 10-17, swore in two people and asked for disclosure of any ex-parte communication by Council but there was none. Community Development Director Nilsa Zacarias announced that Dunkin' Donuts wished to modify the vacated Wendy's restaurant building with no footprint increase. The Planning and Zoning Board had approved the plan with a recommendation to remove some extra Minutes — Regular 10/12/17 Page 9 signage. Mike Ventura of 3453 Crystal Lane, Davie Florida made a presentation on the site and proposed changes. There was discussion about signage, the drive through lane, and hours of operation with an anticipated opening before the end of the year. MOTION: Council Member Okun moved approval of SPM 10-17; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. 19. ORDINANCE 16-17, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; AT SECTION 78- 4, DEFINITIONS. TO CREATE DEFINITIONS FOR THE TERMS "MARIJUANA," "MEDICAL MARIJUANA TREATMENT CENTER," "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY" AND TO REVISE THE DEFINITION FOR "RETAILSALES AND SERVICE" TO EXCLUDE MEDICAL MARIJUANA TREATMENT CENTER AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY THEREFROM; AT SECTION 78-178, C-3 GENERAL COMMERCIAL DISTRICT, SUBSECTION (B) PERMITTED USES, TO CREATE AN ENTIRELY NEW NUMBER (20) PROVIDING REGULATIONS FOR THE LOCATION OF MEDICAL MARIJUANA TREATMENT CENTERS IN THE VILLAGE; AND AT ARTICLE IX, SUPPLEMENTAL REGULATIONS TO CREATE AN ENTIRELY NEW SECTION 78-307 BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 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. Village Attorney Keith Davis read Ordinance 16-17 title into the record. This was the first reading. Marijuana dispensing could be banned and cultivation required sufficient space not found in Tequesta, however due to state regulation, cultivation would be permitted in zone C3. This Ordinance was reviewed and approval recommended by the Local Planning Agency. If a brick and mortar location was not completely banned, it required the same regulation as a pharmacy. MOT/ON: Council Member Arena moved approval of Ordinance 16-17; seconded by Council Member Okun; motion carried unanimously 5-0. 20. ITEM REMOVED FROM AGENDA— PLACED ON 10/30/17 WORKSHOP Discussion Regarding Zoning for Wireless Communications Facilities 21. Approve Sidewalk Rehabilitation and Construction Contract with R and D Paving for Sidewalk Repair in the Village of Tequesta. Deputy Public Works Director poug Chambers explained that The Village sought bids for sidewalk work and based on the scoring system and price R and D Paving was selected. Minutes — Regular 10/12/17 Page 10 Council approval was sought for a three-year contract with an option to renew for finro more years. Questions arose about specific areas of sidewalk work, however Mr. Chambers stated the scope of the work would be discussed at the next Council Workshop. Council Member D'Ambra clarified that this item was solely to approve this contractor. MOTION: Council Member Paterno moved approval of Item 21; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. 22. Council Approval of Island Time Productions Service Agreement for Tequesta Fest 2017 Council Member Arena asked Parks and Recreation Director Greg Corbitt to explain why the cost looked higher this year. Mr. Corbitt stated that music was eliminated in favor of other amenities. Council Member D'Ambra had asked Mr. Corbitt about the cost of extending the time by one hour. Mr. Corbitt advised the cost was $5000 and consensus of Council was to extend the close time of Tequesta Fest to 6 p.m. After Council Member Paterno asked whether the number of prizes was sufficient for the extra hour of games, Mr. Corbitt advised that he felt it was. MOTION: Council Member Okun moved approval of Item 22; seconded by Council Member Arena; motion carried unanimously 5-0. ANY OTHER MATTERS Mayor Brennan believed there was a lot of community integration taking place of which Council was not aware therefore, she wanted the Police and Fire Departments to provide regular updates on these activities during the Manager's Report at Council Meetings. � � f i r r � �.- f-- r ' i _ -� r� � r� ; ' i � � ' �� r �� r j r � �^ � � � � �j ' � � � � r�' �� � �� I J � , ' r - ' J� � � �, r � ���� , J � �� � �� Minutes — Regular 10/12/17 Page 11 Meetinq Task Assiqnments . • . • Pension attorney to explain the basis for their analysis of the PubliC Safety accumulated unused monies for the police 185 funds Pension Board • Tom Paterno—voting conflict form Lori • Look into Police and Doug placing "artsy" no fishing signs on the Manager bridge • Look into if staff allowed people into the 414 Cypress property Manager without proper approval • Speak with Dalack and report back to Council Keith • Police to provide a special detail Item #16—the race—and it is to MeGrew be paid for by the race organization • Add Police and Fire individual reports under Standing Reports LOri ADJOURNMENT: Council Member Okun moved to adjourn the meeting; seconded by Vice Mayor D'Ambra. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 8:44 p.m. 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. FORM 8B MEMURANDUM OF VOTiNG C4NFLICT F4R COUNTY, MUNICIPAL, AND OTHER L4CAL PUBLIC OFFICERS ' Ll1ST MAME—FIRST NAME—MIDOLE NAME NAME OF BOARD,COUNGIL,COMMISSION.AtJTHOR(TY.OR COMMfTTEE 'Pl�T£C. /�l o ��o.., �s �- T�cZ v�ST'/; ✓S�-(� �. c.v...c,.sC. MAILWG ADDRESS��J THE BOARD,COUNCIL,COMMISSION.AUT (TY OR COMMtTtEE ON 3 a� �r �� WHICH 1 SERVE!S A UNR OF: I TY ❑COUNTY D OTHERLOCALAGENCY � C�TM��' U�S�� � C� a��� NAME Of POUT�CALSUBDIVISION: DATE ON YVHICH VOTE OCCURRED �-ou,M1+c.T L_r�fl-N � ( O r �a �.O j� MY POSITION IS: �ECTIVE ❑ APPOfNTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,ciry,or other loCal level of government on an appointed or elected board,council, 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 112.31A3,Fiorida 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 appointfve position. For this reason, please pay close attention to the instructions on this fam before completlng and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appoinlive county, municipal, or other loca{ 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 MUSTABSTAIN from knowingly voting on a measure which would inure to the speciat galn or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent,subsidiary, or sibling organizatfon of a principel by which he or she is relained);to the special private gain or loss oF a r�elative;or to the special private gain or loss of a business associate.Commissioners of cvmmun(ty redevelopment agencies(CRAs) 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. Fw purposes of this law, a "relative" includes only ihe officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-taw, 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 (wttere 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 nafure 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 minules. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise paRicipating in these matters. However, you must disclose the nature of the conflict before making any attempt to in(luence the decision, whether orally or in wriGng and whether made by you or at your direction. IF Y�U INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECI510N PRIQR TO THE MEETING AT WHIGH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with lhe person responsible for recording the minutes o(the meeting,who will incorporate the fortn in the minutes. (Continued on page 2) � CE FORM 88-EfF.1112013 PAGE 1 Adopied by refere�ce in Rule 34-7.610(1�(Q,F.A.C. APPOINTED OFFICERS (continued) • A aopy of Ihe form rt�st be provlded immediately to the other members of the agency. • The fortn must be read publ'�cly at-the next meeting after the form is filed. IF YOU MAKE NO ATTEMPTTO tNFLUENCE THE DECISION EXCEPT BY DISCUSStON AT THE MEETING: • Yau mus�t d�close orally the naWre of your confllct in the measure before participating. • You must compiete tt�e form and iile ii wtthin 15 deys after lhe vote occurs wwUh tbe person responsible for recording the minuteS o(the meetlng,who must incorporate the f�m�Ut the miwtes.A copy of the form must be provided immed�tely to the other members af the egency,and the form rtaist 6e read pubticiy et tfie next mceting after the form�81ed. DiSCLOSURE OF LOCAL OFFlCER'S INTEREST �, ��A1 Z- 1 �_�C No ,hereby disclose Ihat nn d�•'T ��— .20 �� : (a)A measure came or will come befo�my agency which(check one or mo�e) �uuued to my special private galn�bss; T irx�red to the speciai gein or loss of my business associate, . _.__ in�ued te the 5p8Ciel gatn Or bss of my r8i8tFv�. . _ inured to the special g�n ar loss of ,t►Y whom I am retained;or _ inured to the special gain�loss of .which is the parerrt subsidiary,or sibpng organizetlon or subsidiary vt a principal whlch has retained me. (b)The measure before my agency artd tl�e nature af my�oMicttng interest in the measure is es fo�ows: �'!,Q v c�rt? Ge.�.,+T s.Y C i...�6 �� r4- _�"Lr►+ t3��+a'� �-a+�s'L. �'r,,, � t, �z?Y r+�t�c.•.B e�c.�� T�Qvts�/� �..,�.�icy cC..�S w.,��. L �T �.,, l 1 � ti s zt� �rs i ,,��. �d I��� �-a.�-� �c.. t��t..F�� �A.a w` 1'�Y c�l.I,.�'T-='"� r�S�t. If disdosur�e of speciflc in(�mation would vbiate coMidentlality or p�ivtlege pursuant to law or n�es gove►rri�g aUameys.a pubGc oificer. who Is also en attomey,may comply with the dlsctosure requfrements of this sectton by discbsing the nattue oi the interest in such a vray as to provide the public with notfce ot the conflfd. D�e Fiied'}�•�01"� � � Sfgnature NOTICE: UNDER PROVISIONS OF FLORtDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIREO DISCLOSURE CONSTiTUTES GROUNDS FOR AND MAY 8E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1N SALARY,.REPRIMAND, OR A GVIL PENALTY NOT TO EXCEE�a10,000. CE FORIN 88-EFF.11/20t3 PAGE 2 Adoqed 6y relerenc�fn HWe 347.010(11(�}.F.A.C. MINUTES VILLAGE OF TEQUESTA WORKSHOP September 27, 2017 �. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:11 p.m. A roll call was taken by Assistant to the Village Clerk, Mary Ann Grieser. Present were: Mayor Abby Brennan, Vice- Mayor Frank D'Ambra, Council Member Vince Arena, Council Member Steve Okun, and Council Member Tom Paterno. 1. Status Update/Discussion Regarding the Village Manager Mayor Brennan asked Human Resource Director, Ms. Merlene Reid for an update on the Village Manager. Ms. Reid explained to Council that she did not have much information but in speaking with Mr. Couzzo briefly that day, she revealed that he had improved somewhat, and was also feeling better. She was expecting more information from his doctor in terms of FMLA paperwork by Friday, September 29, 2017. There was no timeline on when he would return. Ms. Reid conveyed that family members felt he would not be back to work in the short term. Ms. Reid pointed out that there were 12 weeks that all employees were entitled to under the law. Additionally, another 12 weeks could be added, at the discretion of the Village Manager. Ms. Reid pointed out that at the end of the first 12 weeks, the Manager would have 37 hours of sick time left, and would have exhausted all other categories of payment. All benefits would cease after that time, unless he paid 100% out of pocket. The Manager's 12 weeks would end on December 4th, 2017 leaving him with a balance of 353 sick hours at that time. FMLA required 480 hours, and he would at that point have a credit of 37 hours. Vice Mayor D'Ambra asked what the Manager's contract stated regarding the Village's obligations to him, beyond what was already mentioned. Attorney Davis revealed that the Village Charter had verbage regarding the Manager's vacancy and an appointment of a replacement within 30 days. Attorney Davis further noted that there was not a definition of "vacancy" or "temporary" within the Village Charter. Attorney Davis advised that if there was a "temporary vacancy" then Council would need to appoint someone for the position. It was mentioned that the Village offered disability insurance to employees as an elective, individual, "out of pockeY' expense. Council Member Paterno proposed having either Human Resources Director, Merlene Reid or Finance Director Chris Quirk, fill in as the Acting Manager. Ms. Reid respectfully Village Council Workshop Minutes September 27, 2017 Page 2 declined the proposed nomination. Mayor Brennan felt that Mr. Chris Quirk should not be considered at this time as there were currently some complex issues being discussed within his department. Mayor Brennan proposed having former Village Fire Chief, Jim Weinand serve as the temporary Acting Manager. Council discussed at great length their desire to have Manager Couzzo concentrate solely on his recovery and felt he should not be contacted with Village business during his FMLA/rehabilitation period. Attorney Davis confirmed that the Village was obligated to honor the medical advice being communicated to the Village from Mr. Couzzo's physician. It was a Consensus of Council to wait until Monday, October 2, 2017 to decide on how to proceed with the appointment of a temporary Manager, as more FMLA information would be forthcoming on Friday, September 29, 2017. Attorney Davis informed Council that there would be no conflict in hiring Chief Weinand as a contracted employee. Council asked that discussion on this agenda item be carried forward to the next Workshop meeting, which was scheduled for Monday, October 2, 2017. ADJOURNMENT: Council Member D'Ambra moved to adjourn the meeting; seconded by Council MemberArena. The motion to adjourn carried unanimously 5-0; therefore, the meeting was adjourned at 7:32 p.m. 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. MINUTES VILLAGE OF TEQUESTA WORKSHOP October 2, 2017 �, CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. A roll call was taken by Village Clerk, Lori McWilliams. Present were: Mayor Abby Brennan, Vice- Mayor Frank D'Ambra, Council Member Vince Arena, Council Member Steve Okun, and Council Member Tom Paterno. 1. Discussion on Banyan Tree Removal Permit, Revocation and Applicant's Request for Compensation. Village Attorney Davis updated Council on the issue of the banyan tree located on Village property near the intersection of River Drive and Golfview Drive. The homeowner, located at 40 River Drive, erroneously believed the tree was on his property and as a result pulled a permit and hired a contractor to remove it. The Village determined that the tree was actually on Village of Tequesta property, and the permit was consequently revoked. Attorney Davis revealed he had discussed the matter with the residenYs attorney and was now looking for direction from Council. Vice-Mayor D'Ambra made an inquiry regarding the specifics on the $5,000 cost to prepare the tree for removal and questioned why it took the Building Department six weeks to determine the error in ownership. Attorney Davis did not have answers to Vice- Mayor D'Ambra's questions. It was revealed that a survey was not currently required when applying for a permit. Council Member Arena believed that a survey requirement should be part of the code going forward, and Council should learn from this experience. Council Member D'Ambra believed that there was culpability on both the resident and the Village. He also believed a contractor had a higher level of responsibility in validating the right of way on the sketch. Vice Mayor D'Ambra reminded Council that they had not received any validation of the supposed incurred costs. The contractor, Walter Acree owner of Green Integrity's, addressed Council and confirmed that he had paid about $40 for the permit. He drew the location of the tree exactly the way he observed it, and was familiar with working with municipalities. Mr. Acree opined that it was a "standard practice" for the municipality to check the location of the tree. He further stated that the banyan tree was categorized as an "invasive exotic" under the Village Code. He was willing to replace the banyan tree with three, large, live oak trees. The costs he incurred were from pruning the tree and preparing the roots, all of which had taken a full crew many days to complete. He relied on the Village to let him know if it was within the right-of-way. Village Council Workshop Minutes October 2, 2017 Page 2 Mr. Gary Szorosy, of 40 River Drive, addressed Council and introduced himself as the resident involved in the sale of the banyan tree. He revealed that he had maintained the tree for years at the direction of the Village. Council Member D'Ambra suggested the agreement be honored with the banyan tree removed and the live oak trees added. He asked Attorney Davis to work out the ar�angement and final settlement befinreen the three parties involved in the transaction; The Szorosy's would retain the$2,000 payment initially made by Green Ingegrity, and the Village would receive the additional $3,000 payment. It was Council's recommendation to re-activate the permit. According to Mr. Acree, there was still a four to six week time- frame needed to properly remove the tree. 2. Discussion on Proposed Fence Installation in the Village Right of Way by Tequesta Pines Homeowners Association. Community Development Director, Ms. Nilsa Zacarias, presented the information pertaining to the proposed fence installation. Ms. Sandra Wallace, Secretary of the Tequesta Pines Homeowners Association, informed Council of the proposed replacement fence, which was to be comprised of aluminum and buffered with a hedge. Council voiced support of the fence replacement. Attorney Davis was directed by Council to investigate on whether the application had to go through Planning and Zoning or if it could be approved by Council without the extra step. 3. Council Discussion on Proposed Community Center as a Pet Friendly Shelter. Council Member Okun explained the idea of using the proposed Village Community Center as a pet-friendly hurricane shelter. Council discussed the topic at length and determined more information was needed regarding sheltering within an evacuation zone. It was a Consensus of Council to have Fire Chief Joel Medina research the topic further. 4. Discussion on Strategy for Sidewalk Repairs Deputy Director of Public Works, Mr. Doug Chambers updated Council on the status of the sidewalk project. He informed Council that the project was put out to bid again, as the first contractor had not been responsive to the needs of the Village. He acknowledged the sidewalks were in very poor shape throughout the Village and informed Council that °trip and fall" hazards were becoming more frequent. He read a recently received letter from an attorney, representing an elderly lady who had fallen (on Willow Drive) due to a large crack in the sidewalk. As a result of her fall, she had sustained a broken wrist and head injuries. Mr. Chambers stated this was not the only notification of injury due to sidewalk hazards that he had received. He recommended repairing all the faulty areas before any large sidewalk projects were started. Vice Mayor D'Ambra preferred to embark on a comprehensive program to complete the Tequesta Drive and Country Club Drive areas, instead of the "piece-meal" approach. Village Council Workshop Minutes October 2, 2017 Page 3 Mayor Brennan reminded Council that they had been asking for a comprehensive plan for a long time. She stated that once a plan was in hand, she could then go to the MPO (Metropolitan Planning Organization) to request funds. However, if the sidewalk project had already started without going before the MPO, the Village would not be eligible for financial assistance. Mayor Brennan expressed concern for the acceleration of the "trip and fall" events. She urged Council to act upon the information they had just received from Mr. Chambers. Vice Mayor D'Ambra pointed out that Council needed cost estimates on repairs vs. full replacement. Mayor Brennan reiterated the need for a five-year plan on capital budget planning. Mayor Brennan asked Mr. Chambers if he had been given instructions on interfacing with the DOT (Department of Transportation) on the US Highway One project. Mr. Sam Heady, Deputy Director of the Water Department, stated that he was the point-of-contact, and that there were specific Public Works portions that he reported back to Mr. Chambers. Mr. Heady attended the last meeting and reported that the project was scheduled to begin on November 4, 2017. Mayor Brennan emphasized the need for the Village to be involved and be pro-active with any resident questions or project changes/concerns that may come forth as the start date approached. She asked Mr. Heady and Mr. Chambers to keep Council up to date with any new developments. Village Clerk McWilliams, asked Council for direction on whether or not she, as the PIO (Public Information Officer) should be informing residents of US Highway One project updates, or should she should rely on the FDOT (Florida Department of Transportation) to release the information. Mayor Brennan explained that direction would come in the future. Council revisited the topic of sidewalks and asked Mr. Chambers to provide repair estimates for both non-Tequesta Drive and non -Country Club Drive areas. In addition, they requested an estimate that included Tequesta Drive and Country Club Drive repairs, without the re-builds, by the next Council Meeting. Mr. Chambers stated that the cost estimate for the sidewalk from Seabrook to the EI Portal Drive entrance was $215,000. It included widening the sidewalk, changing to concrete, cutting out roots, replacing sod and irrigation. It was a Consensus of Council that a sidewalk presentation be prepared for Council's review at the next scheduled Workshop Meeting. 5. Discussion on Tequesta Country Club Bridge Rehabilitation (added since initial agenda distribution) Deputy Utility Director, Mr. Sam Heady informed Council of a 1979 Agreement befinreen Village Council Workshop Minutes October 2, 2017 Page 4 The Village of Tequesta and Tequesta Country Club, which indicated the Village was responsible for a portion of the drainage system and bridge upkeep. Vice Mayor D'Ambra suggested the Village agree to this only under the condition that the entire responsibility of drainage and bridge maintenance revert back to the Tequesta Country Club going forward. Attorney Davis understood there were drainage conditions within the agreement, which ultimately benefited the Village. It was a Consensus of Council to pay for the current repair of the bridge, estimated at$50,000; however, going forward the Village would only be accountable for their portion of the drainage outfall maintenance costs. Attorney Davis was directed to bring an agreement back to Council for action regarding this matter. 6. Continued Discussion Regarding the Village Manager (added since initial agenda distribution) The Mayor informed Council that the expected FMLA paperwork from Manager Couzzo had not arrived as of today, but was expected soon. She added that the paperwork was not relevant anymore and that the appointment of an "Acting Manage�' was needed immediately. Council Member Patemo asked that a provision be added to reflect that the new Acting Manager not be permitted to extend the Manager's FMLA term without Council's approval. Attorney Davis advised that it was possible to add a provision into the agreement. Council Member Paterno asked that the agreement length match the FMLA timeframe, so that Council could make a decision going forward. A Special Workshop Meeting was scheduled for Friday, October 6, 2017 at 7:30 AM to discuss the approval of the contract for the Acting Manager. Council Member Arena asked that a category of "Any Other Matters" be added to the Workshop Meeting agendas going forward. Attorney Davis advised that the public needed notice of the topic that was going to be discussed and recommended against this addition. Council Member Arena voiced concern over the"unresolved water bill forgiveness policy". Council consequently asked that tasks given to the Manager, be placed in "list form"within the minutes, and be emailed to Council and the appropriate Department Head. ADJOURNMENT: Council MemberPaterno moved to adjoum the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimous/y 5-0; therefore, the meeting was adjourned at 7:32 p.m. Village Council Workshop Minutes October 2, 2017 Page 5 PENDING TASKS: • Ordinance allowing homeowner to trim trees Keith to send in ROW • Banyan Tree agreement Keith • Banyan Tree 10/12 agenda Lori • Sidewalk Plan on 10/30 workshop Doug (Doug—pfease have information uploaded in Legistar by 10/23)/Lori • Should CM Paterno declare voting conflict in Keith regards to TCC Bridge • TCC bridge agreement Keith/Sam • TCC bridge agreement on 10/12 agenda Lori • Does Tequesta Pines fence issue have to go Keith to research through P&Z since council agreed with moving forward • Pet friendly shelter—Research to see if this is Chief Medina allowed and can be done • FMLA policy amended to include in case of Merlene manager, council will determine extension • Special Council Meeting 10/6 at 7:30 a.m.— Keith/ Lori Interim Manager Contract • To do list to manager, staff and council and in Lori minutes 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. MINUTES VILLAGE OF TEQUESTA SPECIAL MEETING October 6, 2017 7:30 A.M. � CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Abby Brennan at 7:30 a.m. A roll call was taken by Assistant to the Village Clerk, Mary Ann Grieser. Present were: Mayor Abby Brennan, Vice Mayor Frank D'Ambra (via phone), Council Member Vince Arena, and Council Member Tom Paterno. Council Member Steve Okun was present via conference call. 1. Approve Contract between the Village of Tequesta and James Weinand to Serve as Acting Village Manager Council Member Paterno asked for clarity regarding the "hours per week worked"wording and wondered how deducting hours later on, might be clarified. Attorney Davis explained that the "exempt employee" classification was removed , however, the "hours per week" portion remained. Attorney Davis proposed adding language to the agreement that would acknowledge Council's desire for the Acting Manager to attend Regular Council and Workshop Meetings, while recognizing office hours could be flexible in order to accommodate attendance at those meetings. Vice Mayor D'Ambra asked about section 26 regarding benefits. Attorney Davis revealed that during negotiations, a short-term contract was agreed upon, with the understanding that it could evolve into a longer term arrangement. Council Member Paterno inquired as to the process of finding a full time Village Manager. Human Resource Director, Ms. Merlene Reid, informed Council that she would be ready to act upon Council's direction at any time. She recommended hiring an outside firm as a best practice. Mayor Brennan suggested using Jupiter's resources from their recent search for a City Manager, as it was now a public record. Council Member Okun believed Manager Couzzo should be consulted in the search for a new Manager. Ms. Merlene Reid stated that Manager Couzzo's physician had advised that he was unable to perform "all regular job duties". Vice Mayor D'Ambra referred to previous Council discussion where it was agreed that the Manager's main focus should be regaining his health. Council Member Arena reminded Council that there was a liability issue if the Manager was contacted concerning work matters. Ms. Reid stated that there would be an update regarding Manager Couzzo's FMLA status coming forth by October 19, 2017. Mayor Brennan emphasized that the Manager should not be consulted until after the update was received and reviewed by the Village. Minutes — Special Meeting 10/06/17 Page 2 Attorney Davis reviewed the language changes to the contract, which included section 4C, whereas compensation would be based on a 4 -day workweek instead of a 32 -hour workweek. Additionally, there would be language stating that from "time to time" there would be Council and Workshop meetings that required attendance. As a result, the office hours could be adjusted within one week of such meeting, to accommodate the time spent. Mayor Brennan suggested Counsel explain the concerns Council had regarding the 15 minute/1 hour "work time" section of the contract, when speaking to Chief Weinand. Attorney Davis would make the changes this morning and pending Chief Weinand's approval, it would be finished later in the day. MOTION: Vice Mayor D'Ambra moved approval of the language changes to the Contract between The Village of Tequesta and James Weinand; seconded by Council Member Arena; motion carried 5-0. ADJOURNMENT: Vice Mayor D'Ambra moved to adjourn the meeting, seconded by Council Member Arena. The motion to adjourn carried 5-0 therefore the meeting was adjourned at 8:06 a.m. 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.