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HomeMy WebLinkAboutMinutes_Regular_02/08/2018 MINUTES VILLAGE OF TEQUESTA �REGULAR MEETING � �s February 8, 2018 '� 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 Frank D'Ambra, Council Member Vince Arena, Council Member Steve Okun, and Council Member Tom Paterno. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Beresford said the invocation, and then Mayor Brennan led the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Okun moved approval of the agenda; seconded by Council Member Arena; motion carried unanimously 5-0. PRESENTATIONS Mayor Brennan introduced Assistant Police Chief McGrew who announced the swearing in of new police officer (canine) Erik. Village Clerk McWilliams asked that Erik raise his right paw as she read an oath and declared him an officer of the Village of Tequesta. Erik's handler, Tequesta police officer Michael Loney, advised they would soon undergo training. Assistant Chief McGrew thanked Council for this valuable addition to the Department. 1. Proclamation Declaring February 25 — March 3, 2018 Eating Disorders Awareness Week Village Clerk McWilliams read a proclamation declaring February 25th through March 3ra Eating Disorders Awareness Week. Mayor Brennan advised that Futures provided treatment for such conditions and invited to the podium Liz Motta, Program Coordinator at the Alliance for Eating Disorders Awareness. Ms. Motta reiterated and expanded on some facts and received the proclamation. 2. Conceptual Presentation by Gentile Glas Holloway O'Mahoney & Associates, Inc. to Propose a Residential Condominium Project on Beach Road Mayor Brennan called on Community Development Director Nilsa Zacarias who informed that the conceptual presentation following was allowed by Village Ordinance. She gave the floor to George Gentile, Senior Partner of Gentile Glas Holloway O'Mahoney & Associates, Inc. He shared a vision and showed pictures of a residential condominium project on Beach Road designed by award winning architect Carlos Zapata who spoke of the project blending with the surrounding natural landscape. Council Member Paterno Minutes— Regular 02/08/18 Page 2 inquired about variances and outside equipment and expressed concern about water runoff. Mr. Gentile explained that the parcels were already developed and one contained a lot of hardscape but they were prepared to address the issue. Council Members Okun and Arena welcomed the development to The Village. After he complimented the project, Vice Mayor D'Ambra expressed reservation, which Mayor Brennan echoed, about the extension of docks into the Intracoastal Waterway. CONSENT AGENDA MOTION: Vice Mayor D'Ambra moved approva/ of the Consent Agenda; seconded by Council Member Arena; motion carried unanimously 5-0. 3. MINUTES: 1/3/18 Workshop; 1/11/18 Regular Meeting Minutes 1) Molley's Trolleys Agreement — Parks & Recreation $1,980.00; 2) Village of Tequesta & PBA Settlement Agreement — Village Manager $8,000.00; 3) Brian Petrillo Interim Firefighter Contract — Fire Department — Position Previously Budgeted; 4) Superior Party Rental Agreement— Parks & Recreation $825.35. 4. 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. DP Development Indemnification Agreement-Public Works: $N/A; 2. FEC ROW, LLC Real Estate Lease Renewal 281-1-2a-Administration: $3,879.75; 3. Fire Safety Magnets Distribution Agreement-Fire Department: $N/A 5. Approve Gehring Group's Contract Extension as the Village's Agent of Record for its Employee Benefits Programs for an Additional Three Years 6. RESOLUTION 4-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, TO RECOGNIZE ACCEPTANCE OF THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT IN AN AMOUNT NOT TO EXCEED $22,000.00 PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7. RESOLUTION 5-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING A REASONABLE ACCOMMODATION POLICY PURSUANT TO THE FAIR HOUSING ACT AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 8. RESOLUTION 6-18, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 2017/2018 BUDGET IN THE AMOUNT OF $12,700.00 RECOGNIZING ADDITIONAL REVENUES FROM Minutes — Regular 02/08/18 Page 3 PALM BEACH COUNTY FOR MANATEE PATROL SERVICES AS WELL AS RECOGNIZING RELATED OVERTIME EXPENDITURES AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES. 9. Approve Vacation Leave Adjustment for Department Heads/Senior Managers END OF CONSENT AGENDA Council Member Paterno requested and consensus of Council was to move items 18 and 19 to the top of new business. COMMUNICATIONS FROM CITIZENS Raymond Korkowski, 357 Tequesta Drive, a Police Union and Pension Board member, recalled from last month's council meeting that Council Member Okun, Vice Mayor D'Ambra and Mayor Brennan were in favor of all Village departments' participation in a defined benefit pension. He highlighted numerous facts gleaned from the Annual report of the Public Safety Trust fund report in support of this position. Marcia Nielson of 94 Beechwood Trail asked what work was being done on the Seabrook property, Deputy Public Works Director poug Chambers advised that it was being used as staging area for a nearby drainage project. Harold Taylor of 13 Chapel Court asked whether any action was taken on his complaint from one year ago about the intersection of Old Dixie Highway and County Line Road. Village Manager Couzzo stated that Palm Beach and Martin Counties were contacted, but both felt existing traffic controls were sufficient; though he was willing to encourage county improvements, it was not in Tequesta's jurisdiction. Lydia MacLear of 59 Birch Place wondered how the U.S. Highway 1 project was approved by Council since no one she spoke with was in favor of and it. Vice Mayor D'Ambra advised some residents were in favor of the changes but he admitted the process was inconvenient. He suggested Ms. MacLear take a handout from the lobby containing information about the project and encouraged patience with the process. When Mayor Brennan invited other Council members to speak, Council Member Arena recalled several meetings before the start of the project but suggested that some traffic barrels needed adjustment for easier turning. Mayor Brennan praised the project but Council Member Paterno reported some constituents had concerns including road rage and extreme congestion at traffic lights and voiced his disagreement with the project. Council Member Arena expressed confidence that the project would result in safe sidewalks and bike lanes for residents. Former Mayor Pat Watkins, 167 River Drive, offered encouragement and believed that the results would be beautiful. COMMUNICATIONS FROM COUNCIL Council Member Paterno was disappointed with the Police Chief vetting panel and wished to propose a policy that the makeup of any committee be formed of Tequesta residents Minutes — Regular 02/08/18 Page 4 before looking outside the community. Village Attorney Davis explained that according to the Village Charter, this was a management issue and the Village Manager was responsible for staffing. Manager Couzzo defended his choice of committee members and commended Human Resources Director/Assistant Village Manager, Merlene Reid for her assistance in narrowing the field of candidates. Vice Mayor D'Ambra spoke about the issue of speed reduction in the Jupiter Narrows, which was delayed for various reasons, but was now back in the forefront. He would attend the next meeting concerning this and report to Council. STANDING REPORTS Villaqe Attornev Village Attorney Keith Davis had nothing to report. Villape Manaqer Village Manager Couzzo said he encouraged resident input and announced a public meet and greet with the Police Chief candidates. He then introduced the new Assistant Utility Director, Rudy Smith who spoke highly of the staff he had met so far and recognized he had much to learn but assured that he held public safety in the highest regard. Mr. Couzzo thanked Deputy Public Works Director poug Chambers for his assistance until the new department head was hired. Police Assistant Police Chief McGrew again expressed appreciation for the new canine. He announced that the department received $12,700 for waterway law enforcement from the Department of Environmental Resource Management's manatee grant; Lieutenant Pike was speaking on domestic violence at"Our Sister's Place"; and he relayed gratitude Chief Elg expressed at his recent retirement party. Manager Couzzo announced that the Village went to great lengths to ensure this canine was friendly--able to attend community functions, yet still do his job when required. According to Assistant Chief McGrew, High Drive K-9, Inc. head trainer Scott Clark, specifically selected this dog out of 112 to meet the temperament that The Village of Tequesta sought. Village Manager Couzzo commended Assistant Chief McGrew for clearly relaying that message in coordinating the acquisition. Officer Loney commented on his experience in police dog handling and his vision for this partnership. Council Member Arena summarized the aforementioned manatee program then complimented Assistant Police Chief McGrew and his department. Fire Fire Chief Joel Medina thanked Council for their direction to donate Air Packs that had become non-compliant but were still useful in another country; this resulted in a cost savings for Tequesta and was of great benefit to the recipient. The Fire Department continued fire inspections at the Food Truck events and blood pressure checks at Publix, however they would add blood pressure checks at future Food Truck events as well as distribute information on the services available to residents in keeping with the Manager's mandate on community involvement. Chief Medina reported that recent software changes Minutes — Regular 02/08/18 Page 5 enhanced the efficiency of the Fire Department and that he was recently elected Second Vice President of the Palm Beach County Fire Chiefs Association. REGULAR AGENDA OLD BUSINESS 11. ORDINANCE 3-18, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 50. NATURAL RESOURCE PROTECTION; ARTICLE VII. TREES; DIVISION 2. TREE REMOVAL. BY AMENDING THIS DIVISION TO REQUIRE SURVEYS AND OTHER NECESSARY INFORMATION IN CONJUNCTION WITH A TREE REMOVAL PERMIT APPLICATION; PROVIDING EXCEPTIONS; FURTHER AMENDING DIVISION 3. PRESERVATION OF HISTORIC AND SPECIMEN TREES AND NATIVE SPECIES. BY UPDATING THE DESIGNATION AND NOTICE PROVISIONS FOR THESE ACTIVITIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50. NATURAL RESOURCE PROTECTION. 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 3-18 title into the record and explained that he changed this ordinance at Council's request in the last Workshop. Mayor Brennan opened the hearing to the Council. Council Member Arena wished anything pertaining to trees deemed historic be discussed at a Workshop. According to Attorney Davis, a historic specimen ordinance existed and was separate from this (removal) ordinance. When Mayor Brennan opened the hearing to the public, Marcia Nielson asked about tree size stipulations. Attorney Davis advised it applied to trees required pursuant to site plan or Village code. MOT/ON: Council Member Paterno moved approval of Ordinance 3-18; seconded by Council Member Okun; motion carried unanimously 5-0. 12. Appointment of Council Member Tom Paterno and an Alternate to the Canvassing Board for the March 2018 Municipal Elections as per Resolution 53-17 Council Member Arena offered to be the alternate. MOT/ON: Vice Mayor D'Ambra moved approval of the appointment of Council Member Patemo to the Canvassing Board with Council Member Arena as alternate; seconded by Council Member Okun; motion carried unanimously 5-0. Minutes — Regular 02/08/18 Page 6 NEW BUSINESS 18. RESOLUTION 02-18, A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE CONSTITUTIONAL RIGHT FLORIDA'S CITIZENS HAVE ENJOYED FOR NEARLY 50 YEARS TO GOVERN THEMSELVES UNDER MUNICIPAL HOME RULE POWERS; OPPOSING THE LEGISLATURE'S PERSISTENT INTRUSION INTO LOCAL FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL STABILITYAND ESSENTIAL SERVICES UNIQUELY REQUIRED BY MUNICIPAL RESIDENTS AND LOCAL BUSINESSES Village Attorney Keith Davis read Resolution 02-18 Title into the record. This resolution was provided by the Florida League of Cities and supported home rule. Mayor Brennan added that the state also wished to oversee tree trimming and gardens. Council Member Paterno wanted the line regarding legislature intrusion into local finances removed. Mayor Brennan strongly disagreed, as did Council Members Okun and Arena. There was discussion about budget limits and spending, then Mayor Brennan clarified the issue as whether state or local government determined spending and taxes for municipalities. Vice Mayor D'Ambra echoed the sentiments of the Mayor, which favored Home Rule. MOT/ON: Council Member Okun moved approval of Resolution 02-18; seconded by Council MemberArena; motion carried 4-1 with Council MemberPaterno in dissent. 19. RESOLUTION 07-18; A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $113,905.00 TO FUND ADDITIONAL EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT. Attorney Davis read Resolution 07-18 title into the record. After Deputy Public Works Director poug Chambers updated Council on recent irrigation and sidewalk repairs, Village Manager Couzzo explained this resolution was for the road and sidewalk work that Council requested. Discussion followed about the Public Works budget, fund balance, and the one percent sales tax money. The funds already budgeted were designated for repair and replacement in other areas while these funds were for the work done by a contractor. MOTION: Council Member Okun moved approval of Resolution 07-18; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. 13. SE 02-18 — Annual Strawberry Festival. Special Event Application from First Presbyterian Church. The event will be March 3, 2018 from 9:00 AM to 2:00 PM. Alcohol will not be served, and the projected number of attendees is 750 people. The event will take place at First Presbyterian Church, 482 Tequesta Drive. Community Development Director Nilsa Zacarias introduced the item and noted that it had been held in the past. Minutes — Regular 02/08/18 Page 7 MOT/ON: Council Member Okun moved approva/ of SE 02-18; seconded by Council Member Paterno; motion carried unanimously 5-0. 14. SEU 1-18: Application from Topper Fitness & Health, LLC., for a Special Exception Use pursuant to Section 78-180. MU District (i) (14) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use (Personal Training and Fitness Studio) approval for an existing 5,453 square foot building space in the Mixed-Use Zoning District. The subject property is located at One Main Street, Suite 105 Tequesta, FL 33469. Attorney Davis announced the quasi-judicial nature of items 14 and 15, swore in five people, and then requested disclosure of any ex-parte communication by Council. Mayor Brennan said that when she recently visited the business it was mentioned that they would attend the meeting. Council Member Paterno advised he spoke to someone from the business in the lobby just prior to the night's meeting. Community Development Director Nilsa Zacarias explained that since the square footage of the site was greater than 5000 (it was 5453 square feet) per ordinance, a special exception was required. Mayor Brennan observed that a gym previously occupied that space. MOTION: Vice Mayor D'Ambra moved approval of SEU 1-18; seconded by Council Member Okun; motion carried unanimously 5-0. 15. SEU 2-18: Application from Ministerio Internacional Dios Sobrenatural for a Special Exception Use pursuant to Section 78-180. MU District (i) (4) Special exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use (Place of Assembly) approval for an existing 4,200 square foot building in the Mixed-Use Zoning District. The subject property is located at 130 N. US Hwy. 1, Tequesta, FL 33469. At the time Item 14 was addressed, Attorney Davis announced the quasi judicial nature of and swore in those who might testify on this item as well. The applicant, Mario Guillen, was present and answered questions about hours of operation and parking. MOTION: Council Member Paterno moved approval of SEU 2-18; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. 16. Approve EvoQua Piggyback Contract for Purchase of Hydrogen Peroxide for the Water Treatment Plant Deputy Public Works Director poug Chambers explained that this contract was a routine matter for a commonly used chemical. MOT/ON: Council Member Paterno moved approval of Item 16; seconded by Vice Mayor D'Ambra; motion carried unanimously 5-0. Minutes — Regular 02/08/18 Page 8 17. Approve the purchase of 20 Dell Rugged 5414 Laptops for the Police Department. Assistant Police Chief McGrew explained that while the typical useful life of police computers was five years old, their computers were five years old. They were in the budget for this year and the cost was lower than expected as they were procured from a state contract. Mr. Couzzo clarified that the correct number of units purchased was 20. MOT/ON: Vice Mayor D'Ambra moved approval of Item 17; seconded by Council Member Okun; motion carried unanimously 5-0. 20. Reconsideration of SE 01-18: Special Event Application for the Run 4 Freedom four (4) mile road race. The event will take place on July 4, 2018, from 7:00 am to 11:00 am. The event will start and finish at Constitution Park. The projected number of attendees is 800 people. No alcohol will be served. Attorney Davis provided background on SE 01-18 as follows: at the January 2018 Council meeting, SE 01-18 was spoken of as the same event as the previous year; Mr. Anderson had since informed Village Hall that he would not manage this specific race; this was brought back to Council to clarify the management difference from last year. Bob Anderson, race director of Run 4 the Pies and Run 4 Freedom spoke of working well with Village staff in the past. In light of the fact that he was not involved in SE 01-18, as Council may have perceived, he wished reconsideration of the permit and requested approval of one that he would submit. Lyette Reback of North Palm Beach spoke next and advised of a conflict befinreen she and Mr. Anderson over what appeared to be insufficient race proceeds for her charity. She said she intentionally changed the race name to Freedom 4 Miler and that Mr. Anderson did not appear on any permit documents. Mayor Brennan advised that after the revelation that Mr. Anderson was not involved, she wished to bring SE 01-18 back to Council. Discussion ensued over non-profit organizations, race proceeds and expenses. MOT/ON: Council Member Arena moved approval of Reconsideration of SE 01-18 but there was no second therefore the motion died. Mayor Brennan and Council Member Arena favored Bob Anderson's race management; however, consensus of Council was for the Village Manager to obtain all financial information from the race for the next Workshop. ANY OTHER MATTERS There were no other matters. Minutes - Regular 02/08/18 Page 9 Meetinq Task Assiqnments ' � � �, Manager to gather all the information from ' the two race / charity organizations and Manager ' bring back to council at the next workshop Workshop historical trees (requested by Manager/�egai ', Council Member Arena) ! Workshop sidewalk improvements for ; Country Club Drive (requested by Gouncil Manager i ,! Member D'Ambra) - --- --- -- - - -- J 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 9:00 p.m. RespectFully submitted, �n�. ��.v�- 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.