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Agenda_Regular_7/14/2022OF Vo ' elf U AGENDA Regular Council Meeting Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Mayor Molly Young Vice -Mayor Kyle Stone Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson July 14, 2022 6: 00 PM Council Chambers and Youtube Live PRESENTATION I ENJ 1. Waste Management, Inc. Presentation - Mr. Jeff Sabin, Government Affairs Director Agenda Memo #22-251 - Pdf 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. 2. MINUTES: Date Workshop - May 31 2022 - Minutes - Pdf Regular Council - Jun 09 2022 - Minutes - Pdf 3. Authorize Addendum No. 1 and Purchase Order with Shrieve Chemical Company for Purchase of Bulk 93% Sulfuric Acid Presenter: Nate Litteral Agenda Memo #22-162 - Pdf 4. To Approve Mutual Aid Agreements for Hurricane/Disaster Debris Removal, Reduction and Disposal Presenter: Doug Chambers, Director of Public Works Regular Council - Jul 14 2022 Aaenda Memo #22-231 - Pdf 5. SE 05-22 - Run 4 The Pies special event permit application by Palm Beach Roadrunners for an annual 11 /24/2022 four -mile road race, one -mile kids race and hundred -yard toddler dash to take place at Constitution Park on Dover Road from 6:00 a.m. - 11:00 a.m. There will be 2,200 attendees. No alcohol will be served. Water and Gatorade will be provided along the course route. There will be 10 open tents set up at the event (i.e., without sides) and a truck with a ladder to display a flag. The applicant has provided for Police Detail (10 officers including supervisor) and EMS services. Presenter: Jose Rodriguez, Building Official Agenda Memo #22-217 - 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 June Presenter: Jeremy Allen, Village Manager Agenda Memo #22-244 - Pdf POLICE DEPARTMENT 7. Tequesta Police Department - Monthly Updates June 2022 Presenter: Gus Medina, Police Chief Agenda Memo #22-243 - Pdf FIRE DEPARTMENT Regular Council - Jul 14 2022 8. Fire Department Standing Report Presenter: James Trube, Fire Chief Agenda Memo #22-242 - Pdf REGULAR AGENDA M M OLD BUSINESS 9. ORDINANCE NO. 09-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL, SEC. 78-4. DEFINITIONS. BY CREATING A NEW DEFINITION FOR "VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE AND APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. BY CREATING AN ENTIRELY NEW ARTICLE XIV, "VACATION RENTALS" TO PROVIDE STATUTORILY COMPLIANT REGULATIONS FOR THE OPERATION OF VACATION RENTALS IN THE VILLAGE OF TEQUESTA; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Presenter: Keith Davis, Village Attorney Agenda Memo #22-222 - Pdf 10. ORDINANCE 10-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2 SITE PLAN REVIEW, SEC. 78-334. APPLICATION AND REVIEW PROCESS, TO PROVIDE THAT DEVELOPMENT REVIEW COMMITTEE MEETINGS ARE PUBLIC MEETINGS, AND TO PROVIDE NEW ON -SITE NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Nilsa Zacarias, Director of Community Development Agenda Memo #22-221 - Pdf 11. ORDINANCE NO. 12-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, APPROVING PROPOSED VILLAGE INITIATED AMENDMENTS TO THE VILLAGE CHARTER; WHICH PROPOSED AMENDMENTS WOULD INCREASE COUNCILMEMBER TERMS FROM TWO YEARS TO THREE Regular Council - Jul 14 2022 YEARS, ADD NEW TERM LIMITS OF THREE CONSECUTIVE TERMS THEREAFTER REQUIRING A ONE TERM WAITING PERIOD BEFORE RUNNING FOR OFFICE AGAIN; REVISE VILLAGE COUNCIL RE- ORGANIZATION PROCEDURES TO CONFORM WITH THE NEW THREE- YEAR TERMS; REQUIRE ANY PERSON RUNNING FOR THE OFFICE OF COUNCILMEMBER TO HAVE RESIDED IN THE VILLAGE OF TEQUESTA FOR A MINIMUM OF ONE CONTINUOUS YEAR PRIOR TO BEING ELIGILE TO QUALIFY AND RUN FOR THE OFFICE OF COUNCILMEMBER; ELIMINATE THE REQUIREMENT FOR RUNOFF ELECTIONS TO RESOLVE TIE VOTES AMONG CANDIDATES FOR COUNCILMEMBER OFFICE AND INSTEAD PROVIDE FOR THE DRAWING OF LOTS; ELIMINATE THE REQUIREMENT FOR A SPECIAL ELECTION TO FILL A COUNCILMEMBER VACANCY CAUSED BY DEATH, RESIGNATION, REMOVAL FROM OFFICE, OR FAILURE TO QUALIFY, AND TO INSTEAD ALLOW A TEMPORARY VILLAGE COUNCIL APPOINTMENT UNTIL THE NEXT GENERAL ELECTION; REQUIRE A REFERENDUM AND VOTER APPROVAL PRIOR TO ANY FUTURE CONSIDERATION BY THE VILLAGE COUNCIL FOR DISSOLVING, ABOLISHING, OR OUTSOURCING THE VILLAGE OF TEQUESTA POLICE DEPARTMENT OR FIRE RESCUE DEPARTMENT; AND PROVIDE NON -SUBSTANTIVE TEXT EDITS, INTERNAL CONSISTENCY, GENERAL LANGUAGE CLARIFICATION, AND ORGANIZATION IN ACCORDANCE WITH ORDINANCE 12-22, PASSED AND ADOPTED BY THE VILLAGE COUNCIL ON JULY 147 2022; PROVIDING A BALLOT TITLE AND BALLOT SUMMARY IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA LAW; PROVIDING FOR PROPOSED CHARTER AMENDMENT QUESTION LANGUAGE; AND PUTTING SAID CHARTER AMENDMENT QUESTIONS TO A VOTE OF THE ELECTORS OF THE VILLAGE AT THE MARCH 14, 2023 MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Keith Davis, Village Attorney Aaenda Memo #22-223 - Pdf 12. ORDINANCE NO. 13-22, 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 EXHIBIT B TO SECTION 2-61. PENSION TRUST FUNDS, PUBLIC SAFETY OFFICERS' PENSION TRUST FUND; BY AMENDING SECTION 2, DEFINITIONS, TO AMEND THE DEFINITION OF CREDITED SERVICE TO PROVIDE FOR THE INCLUSION OF ACTIVE MILTARY SERVICE TIME OR TIME SERVED AS A FIREFIGHTER FOR ANOTHER GOVERNMENTAL EMPLOYER, TO CLARIFY VESTED DEFERRED RETIREMENT; BY AMENDING SECTIONS 8 AND 9 TO ADOPT PRESUMPTIONS OF FLORIDA STATUTES; BY AMENDING SECTION 14, DEFERRED RETIREMENT OPTION PLAN; SECTION 21, DISTRIBUTION OF BENEFITS; AND SECTION 22, MISCELLANEOUS PROVISIONS TO UPDATE PLAN TO INCORPORATE THE NEW REQUIRED MINIMUM DISTRIBUTION AGE OF 72; AMENDING SECTION 27, SERVICE PRIOR TO Regular Council - Jul 14 2022 EMPLOYMENT, TO AMEND THE SECTION TO COMPLY WITH CHANGES THAT WERE COLLECTIVELY BARGAINED; PROVIDE FOR PROVIDING FOR 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 #22-220 - Pdf NEW BUSINESS 13. Approve Setting the Proposed Ad Valorem Millage Rate for the Village of Tequesta for Fiscal Year 2022/2023 at a Rate of 6.6290 Mills per $1,000.00 of Assessed Value and Setting the Budget Public Hearings as Follows: September 8, 2022 — 5:30 p.m. - Approve Tentative Budget; and September 157 2022 - 5:30 p.m. - Approve Final Budget Presenter: Jeremy Allen, Village Manager Agenda Memo #22-187 - Pdf 14. RESOLUTION NO. 20-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQU ESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Presenter: Jeremy Allen, Village Manager Agenda Memo #22-228 - Pdf 15. RESOLUTION NO. 21-22, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2023 Presenter: Jeffery Snyder Agenda Memo #22-229 - Pdf 16. To Approve the Renewal of the Emergency Services Agreement for Mutual Assistance, Automatic Aid, Dispatch, ISO Training and Fire Vehicle Maintenance and Repair Services Between Palm Beach County and the Village of Tequesta Presenter: James Trube, Fire Chief Agenda Memo #22-236 - Pdf 17. To Approve Work Authorization HCE UTL22.02 — Surficial Well Replacement Program — Well No. S18 - Professional Engineering Services — Holtz Consulting Engineers Presenter: Nate Litteral Agenda Memo #22-197 - Pdf Regular Council - Jul 14 2022 18. To Approve Amendment No. 1 to Work Authorization CM U22.01 - WTP Process & Energy Efficiency Improvements - Chen Moore & Associates Presenter: Nate Litteral Agenda Memo #22-241 - Pdf 19. RESOLUTION NO. 22-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A REVISED LAND DEVELOPMENT FEE SCHEDULE AS PROVIDED BY SEC. 62-181 OF THE VILLAGE CODE OF ORDINANCES BY ADDING FEES ASSOCIATED WITH ADMINISTRATION AND REGULATION OF VACATION RENTAL USES WITHIN THE VILLAGE PURSUANT TO VILLAGE CODE SEC. 78-891; PROVIDING THAT THIS SCHEDULE OF FEES AND CHARGES SHALL BE AVAILABLE FOR INSPECTION AT ALL TIMES AT THE VILLAGE HALL DURING REGULAR BUSINESS HOURS; PROVIDING FOR PUBLICATION OF THIS SCHEDULE OF FEES AND CHARGES IN APPENDIX D. OF THE VILLAGE'S CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Keith Davis, Village Attorney Agenda Memo #22-237 - Pdf 20. RESOLUTION NO. 23-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA URGING THE STATE LEGISLATURE AND FEDERAL GOVERNMENT TO INITIATE A STUDY OF THE HEALTH EFFECTS OF SMALL WIRELESS FACILITIES PLACED AND MAINTAINED IN PUBLIC RIGHTS -OF -WAY FOR PURPOSES OF ACCOMMODATING 5G COMMUNICATIONS TECHNOLOGY, AND TO DEVELOP INSTALLATION GUIDELINES THAT ALLOW FOR THE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS AND GUESTS WHO MAY RESIDE OR TRAVEL WITHIN PROXIMITY THERETO; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Keith Davis, Village Attorney Agenda Memo #22-238 - Pdf 21. Annual Performance Review of Village Manager Jeremy Allen Presenter: Mayor Molly Young Agenda Memo #22-225 - Pdf 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, Regular Council - Jul 14 2022 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 - August 1, 2022 @ 6:00 p.m. Regular Council Meeting - August 11, 2022 @ 6:00 p.m.