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Agenda_Regular_2/10/2022AGENDA Regular Council Meeting Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Mayor Frank D'Ambra, III Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Bruce Prince Council Member Molly Young February 10, 2022 6:00 PM Council Chambers and Youtube Live Page PRESENTATION 1. Proclamation Recognizing The Florida Association of City Clerks 50th 8-9 Anniversary Presenter: Lori McWilliams, Village Clerk Agenda Memo #22-028 - Pdf 2. Presentation by the Charter Review Board of Proposed Charter Changes and 10 - 22 Proposed Ballot Questions - Chair Abby Brennan Presenter: Keith Davis, Village Attorney Agenda Memo #22-053 - Pdf CONSENTDA All items listed under the Consent Agenda are considered routine and will be enacted by one motion . There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 3. MINUTES: January 13, 2022 Regular Council Meeting (to follow) 23 - 32 Regular Council - Jan 13 2022 - Minutes - Pdf 4. Approval of Contracts Signed by Manager Under $25,000 (Per Village 33 - 48 Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) Page 1 of 243 Regular Council - Feb 10 2022 A. Dive Rescue International & Tequesta Fire Rescue Host Agreement - Fire Department; $425.00 per student, see agreement for details. B. Jupiter Environmental, Pace Analytical Service Quote 12232 - Utilities; $24,351.00. Presenter: Jeremy Allen, Village Manager Agenda Memo #22-037 - Pdf 5. Approve Memorandum of Agreement Between the Florida Department of 49 - 62 Corrections and the Tequesta Police Department Presenter: Gus Medina, Police Chief Agenda Memo #22-045 - Pdf Public comments / communications from citizens are limited to 3 (three) minutes. Anyone wishing to address Council should complete a "Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. Reference Resolution 25-18 regarding public participation. Rules of Decorum VILLAGE ATTORNEY VILLAGE MANAGER 6. Manager's Report Through January 63 - 78 Presenter: Jeremy Allen, Village Manager Agenda Memo #22-063 - Pdf POLICE DEPARTMENT FIRE DEPARTMENT UTILITIES Page 2 of 243 Regular Council - Feb 10 2022 7. Utilities Monthly Dashboard 79 - 81 Presenter: Matthew Hammond, Utilities Director Agenda Memo #22-040 - Pdf OLD BUSINESS 8. ORDINANCE NO. 17-21, SECOND READING, AN ORDINANCE OF THE 82 - 93 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 7. HOME OCCUPATIONS. TO REVISE APPLICABLE HOME OCCUPATION REGULATIONS IN ACCORDANCE WITH RECENT CHANGES IN STATE LAW; ALSO AMENDING CHAPTER 78. ARTICLE IX. SECTION 78-294. NUISANCES. TO PROVIDE STANDARDS FOR ALL USES IN ANY ZONING DISTRICT; FURTHER AMENDING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT ARTICLE III. DIVISION 2. SECTION 46-71. DEFINITIONS. TO AMEND THE DEFINITION OF "COMMERCIAL VEHICLES" TO INCLUDE HEAVY EQUIPMENT AND MACHINERY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. AND CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. 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. Presenter: Keith Davis, Village Attorney Agenda Memo #22-051 - Pdf 9. ORDINANCE NO. 01-22, SECOND READING, AN ORDINANCE OF THE 94 - 96 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, DIVISION 1. GENERALLY, BY CREATING AN ENTIRELY NEW SECTION 2-234 ENTITLED "ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS" TO REQUIRE AND PROVIDE PROCEDURES FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WITH THE VILLAGE CLERK Presenter: Lori McWilliams, Village Clerk Aaenda Memo #22-025 - Pdf 10. RESOLUTION 07-22 OF THE VILLAGE COUNCIL OF THE VILLAGE OF 97 - 115 TEQUESTA, FLORIDA, AUTHORIZING THE ESTABLISHMENT OF A TEQUESTA FIRE RESCUE MASTER FEE SCHEDULE AS IDENTIFIED IN THE ATTACHED "EXHIBIT A" AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Presenter: James Trube, Fire Chief Page 3 of 243 Regular Council - Feb 10 2022 Agenda Memo #22-052 - Pdf NEW BUSINESS 11. RESOLUTION NO. 04-221 A RESOLUTION OF THE VILLAGE COUNCIL OF 116 - 126 THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR THE REPLACEMENT OF VACANT BOARDS AND COMMITTEE MEMBER POSITIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Presenter: Lori McWilliams, Village Clerk Agenda Memo #22-038 - Pdf 12. SEU 01-22: Application from GALLERY SQUARE SOUTH LLC for a Special 127 - 151 Exception Use approval pursuant to Section 78-176(d)(2) of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception Use approval to allow for an existing "Shopping Center" located in the C-1 Zoning District and to install a six (6) foot high dumpster enclosure with 112 square foot concrete slab in the parking area and interior building renovations to increase one of the tenant spaces by 1,273 square feet. The subject property is located at 384 Teq uesta Drive, Teq uesta, FL 33469. Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-050 - Pdf 13. Approval of the Annual Report of the Village Infrastructure Surtax Citizen 152 - 154 Oversight Committee Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-049 - Pdf 14. ORDINANCE NO. 02-22, FIRST READING, AN ORDINANCE OF THE 155 - 162 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. AND AT CHAPTER 78. ARTICLE X. OFF-STREET AND ON -STREET PARKING AND LOADING REGULATIONS. SECTION 78-691. MINIMUM STANDARDS. TO CLARIFY PARKING AND SIDEWALK REQUIREMENTS GENERALLY AND FOR CERTAIN OVERHANG AREAS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-043 - Pdf 15. ORDINANCE NO. 03-22, FIRST READING, AN ORDINANCE OF THE 163 - 170 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING Page 4 of 243 Regular Council - Feb 10 2022 THE VILLAGE CODE OF ORDINANCES AT CHAPTER 62. ARTICLE IV. DIVISION 1. SECTION 62-92. LEVEL OF SERVICE STANDARDS. AND AT CHAPTER 66. ARTICLE V. DIVISION 1. SECTION 66-161. GENERAL STANDARDS; LEVEL OF SERVICE STANDARDS. AND AT CHAPTER 78. ARTICLE IX. DIVISION 2. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. TO UPDATE THE PARKS AND RECREATION LEVEL OF SERVICE (LOS) STANDARD IN CONFORMANCE WITH THE VILLAGE COMPREHENSIVE PLAN AND TO PROVIDE GENERAL CONSISTENCY EDITS THEREIN; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTERS 62, 66, AND 78 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA 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. Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-042 - Pdf 16. ORDINANCE NO. 04-22, FIRST READING, AN ORDINANCE OF THE 171 - 174 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, TO ADD AND ADOPT A PRIVATE PROPERTY RIGHTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-044 - Pdf 17. RESOLUTION NO. 08-221 A RESOLUTION OF THE VILLAGE COUNCIL OF 175 - 187 THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2021/2022 SPECIAL LAW ENFORCEMENT FUND BUDGET. Presenter: Gus Medina, Police Chief Agenda Memo #22-054 - Pdf 18. Consider Approval of Recreation Center Operating Hours and Timeline for "Soft 188 - 189 Opening" for Residents Only Presenter: Greg Corbitt, Director of Parks and Recreation Agenda Memo #22-056 - Pdf 19. RESOLUTION 09-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE 190 - 192 VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2021 /2022 GENERAL FUND BUDGET; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Greg Corbitt, Director of Parks and Recreation Page 5 of 243 Regular Council - Feb 10 2022 Aaenda Memo #22-055 - Pdf 20. ORDINANCE NO. 05-22, FIRST READING, AN ORDINANCE OF THE 193 - 197 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 38. IMPACT FEES. SECTIONS 38-38, 38-68, AND 38-98 TO UPDATE IMPACT FEE PAYMENT REQUIREMENTS IN ACCORDANCE WITH RECENT CHANGES TO STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 38. IMPACT FEES. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Keith Davis, Village Attorney Agenda Memo #22-023 - Pdf 21. ORDINANCE NO. 06-22, FIRST READING, AN ORDINANCE OF THE 198 - 201 VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 62. PLANNING AND DEVELOPMENT. ARTICLE V. DEVELOPMENT AGREEMENTS. SECTION 62- 156. AMENDMENT OR CANCELLATION. TO UPDATE INSTANCES WHERE DEVELOPMENT AGREEMENTS CAN BE AMENDED OR CANCELED IN ACCORDANCE WITH STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 62 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA 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. Presenter: Keith Davis, Village Attorney Agenda Memo #22-024 - Pdf 22. RESOLUTION NO. 05-227 A RESOLUTION OF THE VILLAGE COUNCIL OF 202 - 206 THE VILLAGE OF TEQUESTA, FLORIDA AUTHORIZING THE WRITE-OFF OF U NCOLLECTI BLE AND INACTIVE WATER UTILITY ACCOUNTS AS IDENTIFIED IN EXHIBIT "A"; AUTHORIZING AND DIRECTING THE VILAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE SUCH WRITE-OFFS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Matthew Hammond, Utilities Director Agenda Memo #22-031 - Pdf 23. Authorize Sole Source Purchase Contract of 50% Hydrogen Peroxide with 207 - 219 Evoqua Water Technologies Presenter: Matthew Hammond, Utilities Director Aaenda Memo #22-039 - Pdf 24. ITEM ADDED TO AGENDA NIGHT OF MEETING: Approve Three -Year 220 - 243 Agreement with ChargePoint, Inc. for Charging Stations at Constitution Park Page 6 of 243 Regular Council - Feb 10 2022 Presenter: Jeremy Allen, Village Manager Agenda Memo #22-072 - Pdf ANY OTHER MATTERS ADJOURNMENT ADA ACCESSIBILITY: The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring our records are accessible to individuals with disabilities. However, there are records we receive from outside entities (contractors, vendors, other state agencies, etc.) that are not ADA compliant. We take every measure possible to remediate those documents, however, some records may not be compliant. If there is a file that is not compliant that you wish to access, please contact the Village Clerk's Office and we will make an accommodation. DISABLED ACCOMMODATION: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's Office at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wireless hearing system receivers are available by requesting the same from the Village Clerk. PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he /she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNICATIONS FROM CITIZENS: Public comments / communications from citizens are limited to 3 (three) minutes. Anyone wishing to address Council should complete a "Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. Reference Resolution 25-18 regarding public participation. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments subject to the three -minute limitation. Village Council Meetings are public business meetings, and as such, the Village Council retains the right to limit discussion on any issue. SCHEDULE OF MEETINGS AND EVENTS 345 Tequesta Drive unless otherwise indicated Workshop - February 28, 2022 - 6:00 p.m. Regular Council Meeting - March 10, 2022 - 6:00 p.m. Page 7 of 243