HomeMy WebLinkAboutMinutes_Regular_11/09/2017 MINUTES
VILLAGE OF TEQUESTA
REGULAR MEETING � '� November 9, 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
Pastor Paul Beresford gave the invocation on behalf of Council Member Tom Paterno who
then led the pledge of allegiance.
Mayor Brennan advised that she wished to speak under Any Other Matters.
APPROVALOFAGENDA
MOTION: Council Member Okun moved approval of the agenda; seconded by Vice Mayor
D'Ambra; motion carried unanimously 5-0.
PRESENTATIONS
There were none.
CONSENT AGENDA
Council Member Arena asked to pull items one, six and seven for discussion and Council
Member Paterno pulled items two, three and five for discussion.
MOTION: Council MemberArena moved approval of the ConsentAgenda with items two,
three, four, and five removed; seconded by Vice Mayor D'Ambra; motion carried
unanimously 5-0.
1. MINUTES: 10/12/17 Regular Meeting Minutes; 9/27/17 Workshop Minutes; and
10/2/17 Workshop Minutes; 10/6/17 Special Meeting Minutes
6. RESOLUTION 53-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, MARCH 13, 2018, AND IF NECESSARY,
THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, MARCH 27,
2018, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 1, 3 AND 5 FOR
TWO YEAR TERMS; REQUESTING THE PALM BEACH COUNTY SUPERVISOR
Minutes — Regular 11/09/17
Page 2
OF ELECTIONS CONDUCT THE ELECTION; DESIGNATING POLLING
LOCATIONS; NAMING THE CANVASSING BOARD; ESTABLISHING ELECTION
PROCEDURES
7. Approval of Agreement for Vote Processing Equipment Use and Election Services
by and befinreen the Palm Beach County Supervisor of Elections and the Village of
Tequesta for the 2018 Municipal Election
END OF CONSENT AGENDA
3. RESOLUTION 49-17. 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
MOT/ON: Council Member Okun moved approval of Item 3;seconded by Council Member
Arena; motion carried unanimously 5-0.
4. RESOLUTION 50-17; A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO PROCEED WITH THE
ADMINISTRATION AND INSTALLATION OF TRAFFIC VIDEO IMAGE
DETECTION CAMERAS, WHICH WILL BE OPERATED AND MAINTAINED BY
PALM BEACH COUNTY, ON THE TRAFFIC CONTROL DEVICE ARM LOCATED
AT THE INTERSECTION OF TEQUESTA DRIVE AND OLD DIXIE HIGHWAY
WITHIN THE JURISDICTIONAL BOUNDARY OF THE VILLAGE OF TEQUESTA;
AS APPROVED AND PROVIDED FOR IN THE PALM BEACH COUNTY
METROPOLITAN PLANNING ORGANIZATION'S "TRAFFIC VIDEO IMAGE
DETECTION CAMERA SYSTEM PROJECT"
Council Member Paterno asked whether information from the cameras would be available
to The Village. Doug Chambers, Deputy Public Works Director, advised the cameras did
not record but detected vehicles for the traffic lights. Vice Mayor D'Ambra noted that
recording cameras existed on the west end of The Village and asked whether it made
sense to have cameras installed on the east end as well. At Mayor Brennan's request,
Chief Medina spoke about the Opticon system that changed traffic lights in favor of the
direction of travel of emergency vehicles. In his experience, when there were upgrades,
the FDOT included sensors, and then it was the municipalities' decision whether to add
transponders to emergency vehicles. Verification of whether the sensors were included
was needed.
MOT/ON: Council Member Okun moved approval of Item 4; seconded by Vice Mayor
Minutes — Regular 11/09/17
Page 3
D'Ambra; motion carried unanimously 5-0.
2. 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.)
Fire Chief Joel Medina confirmed to Council Member Arena that money already existed in
the budget for a new stove.
MOT/ON: Vice Mayor D'Ambra moved approval of Item 2; seconded by Council Member
Okun; motion carried unanimously 5-0.
5. RESOLUTION 52-17, OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, APPROVING THE PURCHASE OF BS&A INVENTORY AND WORK
ORDER MANAGEMENT MODULE IN THE AMOUNT OF $24,715
Information Technology Manager Brad Gomberg confirmed for Council Member Arena
that item five was budgeted.
MOT/ON: Council Member Okun moved approval of Item 5;seconded by Council Member
Patemo; motion carried unanimously 5-0.
COMMUNICATIONS FROM CITIZENS
John Hritz of 231 Fairway East spoke about the completed improvement project at the
north entrance of the Tequesta Country Club (TCC) and provided photos. He thanked the
Mayor, Council (especially Council Member Arena)the Village Manager and Deputy Public
Works Director poug Chambers for working with them. Council Member Arena noted that
the dock by the boat ramp needed repairs and asked who was responsible for it. According
to Mr. Hritz, it was a big expense and they looked to the TCC residents for help and
support. Mr. Hritz offered to have The Association update Council Member Arena on the
status of the dock repairs.
Bud Howard of 150 River Drive spoke (and provided printed copy) on behalf of the
Tequesta Country Club Association about damage to the community's dock from
Hurricane Irma. The Association attempted to obtain a permit to repair the dock
themselves, however it was denied as Florida's building code required repairs to be made
by a licensed contractor. At Mayor Brennan's request, Village Attorney Keith Davis
addressed the issue and stated that Council could not waive Florida Building Codes.
Mr. Howard sought Council's assistance to provide a solution. An association could apply
for a permit on a commercial building but this was a dock and not a commercial building
(defined as four walls and a roofl. Village Attorney Davis suggested that Council give the
Building Director, Jose Rodriguez, The Village Manager and Village Attorney an
Minutes — Regular 11/09/17
Page 4
opportunity meet to explore possible solutions.
On behalf of the Cypress Ridge neighborhood, Mercedes Loftus of 525 N. Cypress Drive
requested re-pavement of their road and stated that proper paving was never completed
by the developer. The road had since deteriorated, children have gotten hurt because of
it and though The Village had patched it, the residents want the road paved. Mayor
Brennan requested Deputy Public Works Director poug Chambers speak with Ms. Loftus
on the roadwork schedule.
COMMUNICATIONS FROM COUNCIL
Council Member Paterno asked for an update on a planned Tequesta Brewery party.
Community Development Director Nilsa Zacarias stated that an event application was
received and was under review. It was expected to come before Council in December.
Council Member Paterno and Vice Mayor D'Ambra requested that "large impact" events
come to Council sooner. Vice Mayor D'Ambra suggested that nearby businesses attend
the Workshop in which the permit would be introduced. Ms. Zacarias advised that she
informed the management company of the complaints from last year's event and
requested they engage with all of the tenants. Mayor Brennan suggested an invitation to
the next Council Workshop meeting be extended to neighboring businesses.
Council Member Paterno said that although the US 1 project was an FDOT project,
ultimately it was paid for by the taxpayers and a majority of the Village Council voted for
it. Vice Mayor D'Ambra stressed the safety aspect of the project, stated he felt it was
money well spent and mentioned the awards the project had received. Mayor Brennan
explained that US 1 became six lanes when the Interstate was not complete; the FDOT
was going to repave US 1 anyway so The Village worked what was already planned to its
advantage. She elaborated that The Village pursued and received 100% funding toward
this project and the demographic most vocal against the project were not the residents but
those who just passed through. Council Member Arena spoke of the benefit of continuous
bike paths and a higher drawbridge with less frequent openings.
Vice Mayor D'Ambra announced that he was running for re-election of his Council seat.
Council Member Arena announced the upcoming Chili Cook-off and Tequesta Fest. On
behalf of his children, he thanked Deputy Public Works Director for the fine paving job on
Tequesta Drive. He called on Acting Police Chief James McGrew who �dvised that
according to the Safewise report, The Village was the seventh safest city in the state of
Florida. Chief McGrew complimented and thanked his staff. Council Member Arena
thanked the First Baptist Church for hosting the Fall Festival and he encouraged residents
to attend the Food Truck events at Constitution Park though he requested more lights. He
summarized a recent article in Jupiter magazine that explained the Loxahatchee River was
not connected to Lake Okeechobee, which was why the river did not experience the
problems that occurred to the north. Council Member Arena advised that in anticipation
of his bid for re-election he met with neighbors, and discussed both positive and negative
Minutes — Regular 11/09/17
Page 5
issues.
Mayor Brennan welcomed Village Manager Couzzo back from a recent medical leave and
complimented Village Staff on their continued work during his absence. She was pleased
with the to-do list included in the Minutes and would love to see that continued for each
Council Meeting and Workshop.
Council Member Okun complimented The Village paramedics on the free services they
provided to residents.
STANDING REPORTS
Villaqe Attornev
Village Attorney Davis advised that the oral argument for The Village's appeal was
rescheduled for December 12, 2017. It had been cancelled pending a Florida Supreme
Court ruling, which was since made.
Villaqe Manaqer
Village Manager Couzzo said he was truly grateful to have returned to his job and
expressed gratitude to Village staff for their continued efforts while he was gone. He
thanked retired Fire Chief Jim Weinand who filled in as Village Manager; recognized all
Fire Rescue personnel as lifesavers; and expressed gratitude for those who supported
him with thoughts, support and prayers during his absence.
Council Member Arena added a compliment to Village Clerk Lori McWilliams' staff for the
beautifully decorated Council Chambers.
Police
Police Chief James McGrew announced that the recently received Public Safety boat had
already proven itself a useful asset as it was used to aid a stranded boater and his son.
Officer Aaron Johnson was promoted to Corporal as Corporal Michael Valerio accepted a
position with the Palm Beach Gardens Police Department. This left an opening in the
Department for a K-9 officer. In light of recent national events, The Police Department has
enhanced the security procedures for Tequesta Fest. Chief McGrew announced Police
Chief Christopher Elg's retirement and summarized his accomplishments while at The
Village. Council Member Okun reminded that the police officers are first responders who
carry lifesaving equipment that they are trained to use.
Fire
Fire Chief Joel Medina complimented the Tequesta Fire Rescue and Police staff for their
interdepartmental cooperation. He mentioned the Chili cook-off, October as fire prevention
month; a continued philosophy of good community relations; the Fire Department's annual
boot drive; food truck inspections, fire hydrant checks and the upcoming JTAA Christmas
parade. An interim firefighter left for a position in Martin County; Jennie Disla was hired
for the administration position and the Village's transport fees were among the lowest in
Palm Beach County.
Minutes — Regular 11/09/17
Page 6
REGULAR AGENDA
OLD BUSINESS
8. RESOLUTION 54-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SCHEDULE OF FEES AND
CHARGES FOR THE PROVISION OF WATER SERVICES RENDERED BY THE
VILLAGE OF TEQUESTA FOR ITS CITIZENS AND OTHER MEMBERS OF THE
PUBLIC; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL
BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL
DURING REGULAR BUSINESS HOURS
Village Attorney Davis read Resolution 54-17 Title into the record. Vice Mayor D'Ambra
dy reminded residents that this was necessary to maintain the quality of The Village's water.
� � He further explained that the Village's utility tax had been incrementally eliminated to
,��partially offset the increase but that tax was gone which resulted in the increase. Council
��I�I����n su chaege for the same servace�Atto ney Dav s assueed Ithat al�charges permitt d bp s ate
Y
law were applied to benefit Village residents.
MOT/ON: Vice Mayor D'Ambra moved approval of Resolution 54-17; seconded by
Council Member Arena; motion carried unanimously 5-0.
9. ORDINANCE 16-17, SECOND 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 FACILITY" AND TO REVISE THE DEFINITION FOR
"RETAIL SALES 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.
Minutes — Regular 11/09/17
Page 7
Village Attorney Davis read Ordinance 16-17 Title into the record. Mayor Brennan
announced that Council was being as conservative as state law allowed. She then opened
the public hearing to the Council for comment. There was none.
When Mayor Brennan opened the hearing to the public for comment, resident Dave Smith
expressed opposition to the whole issue.
MOT/ON: Council Member Okun moved approval of Ordinance 16-17; seconded by Vice
Mayor D'Ambra; motion carried unanimously 5-0.
10. Approve First Addendum to Employment Agreement befinreen Christopher L. Elg
and the Village of Tequesta, Florida Providing for Permanent Separation
Attorney Davis advised that this memorialized conversations from a recent Council
Workshop except for the outstanding issue of vesting in the retirement plan.
MOT/ON: Council Member Patemo moved approval of Item 10 as presented if the
pension is doable, if not the adjustment should be brought back to Council; seconded by
Council Member Okun; motion carried unanimously 5-0.
12. Approve Settlement Proposal for 414 N. Cypress Drive #D Foreclosure
A signed settlement agreement was presented at the last Council Workshop meeting,
which resolved the foreclosure of this property.
MOT/ON: Counci/ Member Okun moved approval of Item 12; seconded by Council
Member Patemo; motion carried unanimously 5-0.
NEW BUSINESS
13. RESOLUTION 51-17, OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, APPROVING THE INSTALLATION AND INTEGRATION OF A
FIBER OPTIC NETWORK BETWEEN THE VILLAGE MUNICIPAL COMPLEX
AND WATER PLANT, RECREATION, AND PUBLIC WORKS FACILITIES
RESPECTIVELY
Attorney Davis read Resolution 51-17 Title into the record. No discussion followed.
MOTION: Vice Mayor D'Ambra moved approval of Resolution 51-17; seconded by
Council Member Arena; motion carried unanimously 5-0.
Minutes — Regular 11/09/17
Page 8
14. RESOLUTION 55-17, A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, DECLARING CERTAIN PROPERTY TO BE
SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DONATE OF
SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES. (K-9 Boss)
Attorney Davis read Resolution 55-17 Title into the record. Council Member Paterno
questioned whether Officer Boss would be permitted to work as a K-9 Officer in the
municipality where his handler was now employed. Attorney Davis explained that a Hold
Harmless document ensured no liability against the Village once he was no longer
employed by The Village. Chief McGrew explained that Corporal Valerio was not hired as
a K-9 officer for Palm Beach Gardens.
MOT/ON: Council Member Paterno moved approval of Resolution 55-17 with the addition
of a friendly amendment that prohibited K-9 Boss from police work; seconded by Council
Member Okun; motion carried unanimously 5-0.
15. Approval of Director of Community Development Consultant Agreement
Council Member Paterno asked Community Development Director Nilsa Zacarias for
explanation of the Agreement. She explained that the rate increased from $85 to $90 per
hour, an annual difference of$4,160. This included the quite lengthy comprehensive plan.
MOTION: Vice Mayor D'Ambra moved approval of Item 15; seconded by Council Member
Arena; motion carried unanimously 5-0.
ANY OTHER MATTERS
Mayor Brennan mentioned that the developer of the former Rood landscape site wished
to continue with the site cleanup but needed more time. She recently had a conversation
with a representative of the Corner Cafe that she would discuss at the next Workshop as
well as a conversation with the Jupiter Hills Country Club who requested assistance with
parking space for an upcoming annual golf tournament.
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Minutes — Regular 11/09/17
Page 9
Meetinq Task Assiqnments
� . - .
• Research Opticon system add on option (Item 4) Doug, Brad
• TCC dock issue—investigate and come back within 30 days—give Legal, Manager,
an update at the 12/4 workshop if possible Jose
• Meet with Ms. Loftus regarding paving option for Cypress Road Doug
• Tequesta Brewery anniversary party permit request update at the Nilsa
12/4 workshop
• Reschedule January workshop Lori
• Thank you letter to Baptist Church for Fall Festival Manager, Lori,
Merlene
• Research extra lighting for basketball courts, golf and skate areas Doug, Mike, Greg
at the Constitution Park
• Friendly amendment to the Hold harmless agreement— Michael Keith
Valerio K-9 agreement—Mike can't use K-9 in a working capacity
for another agency
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 8:05 p.m.
Respectfully submitted,
� �m���
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.