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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_11/9/2023 Agenda Item #1. MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 14, 2023 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Molly Young, Council Member Frank D'Ambra, Vice-Mayor Laurie Brandon, Council Member Patrick Painter, and Council Member Rick Sartory. INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor Molly Young An invocation was offered followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION:Council Member Frank D'Ambra made a motion to approve the agenda; seconded by Council Member Patrick Painter; motion carried unanimously 5-0. PRESENTATION 1. Proclamation Proclaiming October 8, 2023 - October 14, 2023 as Fire Prevention Week in the Village of Tequesta Clerk McWilliams read the proclamation. Mayor Young thanked the fire department for their efforts. Chief James Trube accepted the proclamation. 2. Proclamation Recognizing September as 211 Suicide Awareness and Prevention Month The proclamation was not read as there was not anyone in attendance to accept it. 3. Proclamation Proclaiming October 2 - 8, 2023 as Florida Climate Week in the Village of Tequesta Clerk McWilliams read the proclamation and it was accepted by Shannon Maganiezin, PlRggE9bf)V02 Agenda Item #1. Operation Director of Volo Foundation. 4. Proclamation Proclaiming September 25-29, 2023 as National Clean Energy Week in the Village of Tequesta The proclamation was not read as there was not anyone in attendance to accept it. 5. Proclamation Recognizing Florida City Government Week, October 16 - 22, 2023 in the Village of Tequesta The reading of the proclamation was not read due to time. CONSENT AGENDA MOTION: Council Member D'Ambra made a motion to approve the Consent Agenda as presented; Council Member Painter seconded the motion. Carried unanimously 5-0. 6. MINUTES: July 13, 2023 Regular, July 31, 2023 Budget Workshop, July 31, 2023 Workshop, and August 10, 2023 Regular 7. Consider 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.) A. CivicPlus Website and VOTBot Agreements-Village Clerk, $8,403.48. B. Dive Rescue International and Tequesta Fire Host Agreement-Fire Department, $See agreement for details. C. Kimley-Horn & Associates, Inc. Ground Storage Tank Cleaning, Prep. and Coating-Utilities, $8,850.00. D. Kimley-Horn & Associates, Inc. Water Main Replacement #2-Phase 2 Work Authorization-Utilities, $19,750.00. E. Legacy Survey & Mapping, Inc. Boundary Services-Village Manager, $2,900.00. F. Medical Director Fees Increase Agreement FY 23/24-Fire Department, $17,413.44 ($1,451.12 12/months. 8. Consider Approval of Holtz Engineering Work Authorization for State Revolving Loan Fund Assistance for WM#2 Pipe Replacement project Beach Road Phase 2 at a Cost of$29,400 9. SE 04-23 - This is a Special Event application for an annual Fall Festival event on 1013112023 from 6:00 p.m. - 9:00 p.m. for-600 attendees by the First Baptist Church of Tequesta to take place on its premises located at 423 Tequesta Drive. No alcohol will be served. The applicant has provided proof of insurance. The applicant will hire Fire Dept. detail for the event. The purpose of the event is to provide a fun safe Pa@egW2)bY02 Agenda Item #1. night of food and games for Village of Tequesta residents. 10. Consider Approval of a Memorandum of Understanding Between the Tequesta Police Department and the Florida Department of Highway Safety and Motor Vehicles to Access FDHSMV's Driver and Vehicle Information Database System END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS John Krizka, JIB Yacht Club and Marina Owner, addressed council regarding parking criteria issues and ceiling height requirements. He explained this was a private marina and the parking was not an issue. He wanted to gauge council's feeling on a variance before moving forward with plans. COMMUNICATIONS FROM COUNCIL Council Member D'Ambra announced he was not running for Council again and would be moving to Hobe Sound at the end of October, therefore October would be his last Council meeting. Vice-Mayor Brandon advised Council on the Environmental Advisory Committee research of green initiatives and carbon emissions education and incentives. She also provided an update from the Mayors breakfast stating the biggest issues facing our local municipalities was new development. Mayor Young thanked Council Member D'Ambra for his service. She also recapped the Florida League of Cities (FLC) Conference and the sessions she was able to attend including: How to Lead with Emotional Intelligence, Finance, Taxation and Personal Policy committees, Crisis Communication, State Legislative Relationships, Respectful Public Service, Florida Property Insurance Market Update, FLC Board of Directors meeting, and Artificial Intelligence in Government. APPOINTMENTS 11. Consider Appointment to Fill Planning and Zoning Board Regular Member Vacancy Clerk McWilliams reviewed the process of moving alternate one to the regular position with all other alternates moving up one position. She stated Sherry Ambrose was requesting to be moved to the regular position from alternate one. Ms. Ambrose was unable to attend the meeting. Council heard from the applicants. • Jessica Buckman was a seven year resident of the Village and manager for Tampa General Hospital properties on the east coast. She was interested in contributing to the community. • Marco Valdez was a previous applicant and resident since 1994. He had a 35 year career in project management and was on the Property Owners Association for Tequesta Pines. Pa@agbl 3 U702 Agenda Item #1. • Paul Jensen had been involved with Planning and Zoning and development in Lakeland through his company and was Vice President of the Tequesta Oaks Homeowner's Association. • Marie Sapirie was a nine year resident of the Village and had participated in events to improve the quality of life within the Village. Council Comments: • Council Member Sartory approved of the practice of moving all members up and felt all applicants were very qualified. • Council Member Painter was in favor of sticking with the historical practice and that the applicants had impressive resumes. • Council Member D'Ambra felt there was merit in moving everyone up as they had gained experience. • Council Member Brandon suggested moving Ms. Ambrose to the regular position, Ms. Sapirie to alternate one. • Mayor Young recommended Marco Valdez as an alternate due to his previous involvement and to continue the process of moving alternate one to the regular position with all all others moving up one spot. Council agreed on moving Ms. Ambrose to the regular seat, Jeanne McEldowney to alternate one, Marie Sapirie to alternate two, and Marco Valdez to alternate three. MOTION: Council Member Sartory made a motion to move Sherry Ambrose to the regular seat, Jeanne McEldowney to alternate one, Marie Sapirie to alternate two, and Marco Valdez to alternate three. Council Member D'Ambra seconded the motion. Carried unanimously 5-0. STANDING REPORTS Village Attorney Attorney Davis advised Council on future code changes regarding golf carts, artificial turf, food trucks and temporary shelters to conform current code with recent State legislation. He acknowledged Council Member D'Ambra and what a pleasure it was working with him. Attorney Davis was also pleased to announce his new position as an adjunct professor at the College of William and Mary. He would be teaching a course called "Government Ethics for Local Officials and Public Participation and the Role of the Citizen Lawyer." Village Manager 12. Manager's Monthly Report through August Manager Allen announced the El Portal road work was underway and three of ten catch basins were completed. He highlighted the 5th adopted tree of the adopt a tree program, Pal@egl�24bf)FU Agenda Item #1. the EAC would be setting up a booth at the Jupiter Inlet Lighthouse Outstanding Natural Area event on September 29th, Mayor Young would be attending the Martin County delegation meeting to request appropriations for Tequesta Park, A1A would be closed on the north bound side as part of the bridge construction September 19th through the 29th, and welcomed Community Development Director Jeremy Hubsch. Police Department 13. Police Department Standing Report Chief Medina acknowledged the departments continuance of bus stop safety checks. He announced a hurricane meeting with the Palm Beach County Chiefs Association, National Night Out was scheduled for October 6th, department trainings including ethics, how to conduct Autism interviews, emergency response driver, and and line-ups. Chief Medina highlighted the departments assistance in locating a missing diver in the inlet and wished Chief Trube a Happy Birthday. Council Member Sartory congratulated the department on their assistance with the missing diver and acknowledged the training and quality of the department. Fire Department 14. Fire Department Standing Report Chief Trube announced Delray Beach Fire's interest in utilizing training props that the department had built. He shared the success of the August ladder push-in ceremony, the September 11th memorial, paramedics pre-hospital life support training, ethics training, participation in operation safe start, active shooter training, and Palm Beach County rescue training. The department was honored after assisting in life saving measures for a resident in cardiac arrest. He concluded with the announcement of an October celebration for the departments 30th anniversary. Council Member Painter and Mayor Young thanked the department for the September 11th ceremony. They both stated how touching the ceremony was and Mayor Young read a resident's email of appreciation for the event. UTILITIES 15. Utilities Department Monthly Report Marjorie Craig, Utilities Director, informed Council of the El Portal progress, the vulnerability assessment deadline was met, and the Dover Ditch grant was awarded. She announced a reprioritization of funds due to a 42 inch stormwater pipeline failure at 68 River Drive. She further detailed upcoming water projects, the accounts receivables, Pa@egIV%f) 02 Agenda Item #1. and the payment portal. Council Member Painter and Vice-Mayor Brandon felt the El Portal project was going very smoothly and being monitored well. REGULAR AGENDA OLD BUSINESS 16. ORDINANCE NO. 10-23 SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE L IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION 14-7. "VACANT LOT MAINTENANCE" TO PROVIDE MINIMUM STANDARDS, INCLUDING EROSION CONTROL AND SODDING, FOR VACANT LOTS THROUGHOUT THE VILLAGE, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. 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. Attorney Davis read the title into record. This was second reading. The Local Planning Agency (LPA) approved the Ordinance with one change. Mayor Young opened the hearing for public comments; there were none. Mayor Young opened the hearing for Council comments; there being none the hearing was closed. MOTION: Council Member D'Ambra made a motion to approve Ordinance No. 10-23; Council Member Painter seconded the motion. Carried unanimously 5-0. NEW BUSINESS 17. SPM 6-23: Application from FIRST SOUTHERN BAPTIST CHURCH for a Site Plan Modification to allow for a preschool including interior renovations, alterations to the existing driveway, creating new outdoor courtyard and playground areas, and revisions to the landscaping. The application also includes modifications to the building aesthetics by enclosing the porte-cochere and painting it with the existing building color. The subject property is located at 423 Tequesta Drive, Tequesta, FL 33469. Attorney Davis announced SPM 6-23 was a quasi-judicial matter and swore in four participants. Council disclosed the following ex-parte communications: • Council Member Sartory spoke with members of the congregation. Pa@egL46bf)V02 Agenda Item #1. • Council Member Painter performed an independent site visit. • Vice-Mayor Brandon spoke with residents about the signage in the front. • Mayor Young drove by the site. Pastor Mike Richardson believed the community was at its best when the community and church worked in tandem. Mr. Steve Knight, architect, reviewed the process taken to date to enhance the existing church by updating the outside aesthetics and inner workings. He reviewed the proposed modifications to include an educational component with a play ground addition, reworking the existing drive to be more functional, landscaping, and closing the existing porte- cochere. Parking was balanced and improved curb appeal. The Health Department had completed a preliminary walk-through and were onboard with the school addition. Council Comments: • Vice-Mayor Brandon suggested adding sun shade to the playground area as trees take too long to mature. Mr. Knight noted the Health Department required a certain amount of the area to be shaded. • Mayor Young confirmed the paint color was remaining the same; Mr. Knight noted there was no plan to change the color of the exterior body of the church, but not to say there couldn't be accent colors on the areas they touch such as the porte- cochere. Mr. Lance Lilly stated any change of colors would require the applicant to go back to the Planning and Zoning Board for approvals. MOTION: Council Member D'Ambra made a motion to approve SPM 6-23 with the condition of a letter from the Florida Department of Health and Human Services be provided before the issuance of a building permit and any modifications to the car line/car drop off go through a special exemption use application; Council Member Sartory seconded the motion. Carried unanimously 5-0. 18. SPR 1-23: Application from 250 BEACH ROAD DEVELOPER LLC for a Site Plan Review to build a ten (10) story, 289,237 sq. ft. condominium building consisting of 34 multi-family units and including one (1) monument sign, two (2) swimming pools, and landscaping. The subject property is located at 250 Beach Road, Tequesta, FL 33469. Attorney Davis announced SPR 1-23 was a quasi-judicial matter and swore in seven participants. Council disclosed the following ex-parte communications: • Council Member Sartory spoke with principal applicant. • Vice-Mayor Brandon ran into Mr. Gentile but didn't discuss the project. • Mayor Young met with the land planner, developer, and did a site visit. Ms. Nilsa Zacarias stated the application had been through the Development Review Committee (DRC). She explained the site guidelines Council approved in January did not pertain as the application was submitted before and as such the applicant did not need to Pa@eglE6Zfif702 Agenda Item #1. comply with the design guidelines. There was one condition of approval: the applicant shall provide a letter of map revisions (LOMR) prior to a building permit being issued. Mr. George Gentile, 2GHO, representing the 250 Beach Road project, received unanimous approval from the Local Planning Agency (LPA). Fontainebleau was requesting approval of site plan to allow for redevelopment of 3.21 acres. Currently the site had 40 units and the new 10-story development would be reducing density by 6 units. The property would provide concierge service type living similar to the Ritz Carlton residences. Mr. Gentile provided specifics of the project location, site plan, and landscaping. He stated all guidelines were followed and they would not require waivers or variances, they also met most of the new guidelines. Michelle Cintron, of Arquitectonica, discussed the building height and articulated layers, the materials and color palate which offered a warmer coastal palate, concealed parking, terracing back with amenities such as pool, lush landscaping, second terrace, structure in layers with limestone frame, glass balconies set back for depth and angled to add spark and interest, and center steps back at the center to enhance the sense of entry. Material board was provided as Ex. 1. Mr. Gentile met all code requirements, the existing easement on north side would be enhanced with landscaping and was walkable to the beach. Ms. Zacarias noted the applicant took care of the public streetscape and proposed sidewalk with bench, increased landscaping, and powerlines would be buried underground to meet design guidelines. Council Comments: • Council Member Sartory inquired on subsequent steps after Council approval. Mr. Davis noted permitting. He thanked the architects for meeting most design guidelines even though they didn't need to and liked the building. • Council Member Painter questioned the sea turtle ordinance with the glass system and lights on the beach. Ms. Cintron stated the insulated layers and impact glass would not have reflection to the outside. He commented on the beautiful design. • Council Member D'Ambra felt remediation costs to older buildings was significant especially for our senior population and the opportunity for redevelopment with modern materials and construction was a benefit to the village. The ocean side was beautiful, but not his favorite building design. • Vice-Mayor Brandon liked that the building was not black and white, loved the color scheme (coastal modern FL), and loved the wood bringing an earthy vibe. She did not feel the exterior, with boxy sharp corners, was cohesive with the Village. Mr. Gentile commented the conceptual exterior element was a much wider grid pattern and bulky. That design was narrowed an extended the two floors and the the glass angled for a dramatic visual. • Mayor Young inquired on agency approvals, the FDOT approvals were not required by the Village but traffic required them. Ms. Zacarias noted the road was a state road and improvements required FDOT approval.. Mayor Young asked about Department of Environmental Protection (DEP) or Division of Environmental Resource Management (DERM); Ms. Zacarias stated that was part of the building Pal@eglE6�bfif702 Agenda Item #1. department process. Mr. Gentile added the deck area and parking would need approval as well as the dune restoration. Mayor Young requested all agency approvals when required. She noted the coastal systems report was a year old; Mr. Gentile sent it in as part of the overall reviews and report was still good. Mayor Young appreciated applying the design guidelines and appreciated the coastal aesthetics and landscaping. She also inquired on who monitored the Dune survival criteria as Seaglass had not been successful, as well as the bulkhead and guest parking. Mr. Gentile stated the bulkhead was raised, Seaglass and 300 leased with the county for the ability for overflow parking during construction and after cars would be valet so parking would not be an issue. Mayor Young questioned the interior as several areas were labeled as amenities and it was not clear what they were. She was also concerned with fractural ownership and club type entity. Mr. Richard Brewer, of Fontainebleau, explained the amenities programming was not locked in and the area was likely to be smaller than shown, but they would include dinning and fitness. He confirmed this was a private condo with no timeshare components. Mayor Young was concerned with a second floor section of 6,000 square feet labeled. Mr. Brewer clarified it was a penthouse unit, similar to Atlantic Beach, but not on upper floor and was in the total unit count. Mayor Young also asked about shared amenities with other properties; Mr. Brewer stated fitness and spa would be shared with another entity. Citizen Comments: • Marie Sapirie, 79 Yacht Club Place, felt the applicant did not meet the landscape buffer and dune requirements and should not be approved. • Tom Bradford, 44 Chestnut Trail, questioned the purpose of a conceptual presentation if the owner doesn't listen to Council. He felt the exterior design was unacceptable and was basically the same as initially presented and the Miami based developer did not care about the look of the Village. • Harold Taylor, 13 Chapel Court, with building 10 stories on the ocean would they add zypex to the building? Ms. Cintron noted the structural engineer would determine the concrete mix. Council Member Sartory asked if Council was comfortable, based on staff report, that the landscape buffer was met? Mr. Gentile had worked with staff and added trees above and beyond and felt comfortable code was met. There was also and extensive dune area adjacent to dune line and existing bulk head wall. Ms. Zacarias explained that Ms. Sapirie was correct on the current code, but that was amended Jan 12, 2023. This application was submitted before the new code making the application in compliance before the updated code was approved in January. Attorney Davis further noted legally the applicant relied on code when the completed application was submitted. MOTION: Council Member Sartory made a motion to approve SPR 1-23 with the condition of a LOMR issued by FEMA prior to the issuance of a building permit; Council Member Painter seconded the motion. Carried 4-1 (opposed: Vice-Mayor Brandon). 19. VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval Pal@egla7�bfif U Agenda Item #1. for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. Attorney Davis announced VAR 1-23 was a quasi-judicial matter and swore in three participants. Council disclosed the following ex-parte communications: • Vice-Mayor Brandon drove by the site. Ms. Zacarias introduced the variance for a new dock. The dock was originally approved in 1981 and in 2017 Blowing Rock was going to apply for the variance but the property was bought by Turnberry. The dock was in disrepair. There was one condition of approval, a US Army Corps of Engineer letter utilizing a professional mango tree trimmer according to Florida statute. Dana Small, BLS Environmental Services, requested approval to replace the dock built in 1981. She reviewed the degradation of the dock showing how it was fully there in 2017 (109.5'), in 2019 experienced a little loss, and 2023 down to a string or two and some piles. She was not requesting something that wasn't there previously, but to replace with what was originally in place in 1981. She noted the State did not want the configuration changed, they wanted to keep the same footprint to avoid impact to the resources. There would not be any motorized vessels, this was strictly for paddleboards and kayaks. Council Comments: • Council Member D'Ambra confirmed the dock would not have motorized vessels. Ms. Small confirmed the dock would not have motorized vessels and was strictly a repair and replacement of the 40 year old dock. She also noted it could not accommodate motorized vessels due to tide levels. • Council Member Sartory was comfortable with the dock as presented. There was not an issue with the length since 1981 and they are replacing a footprint that was there. • Council Member Painter questioned if current pilings were remaining; Ms. Smalls stated the current pilings could not remain and would be replaced in a different spot. He also questioned the dock length and why the additional 1.5 feet couldn't be on the land side; Ms. Small explained how that changed the footprint and would disturb the seagrass in that location. • Vice Mayor Brandon also confirmed there would not be any boats at the dock. Ms. Zacarias had sent a letter to a 300 mile radius which was only two properties, one of which was the County. Matt Mitchell, Division Director of Environmental Enhancement and Restoration for the Department of Environmental Resource Management, requested plans as submitted for the variance and had not responded after receiving them. Ms. Small requested the opportunity to obtain a letter from the Department of Environmental Protection (DEP) stating a professional mangrove trimmer was not Pfggel 8(bfif702 Agenda Item #1. needed for this project. Mayor Young asked if they wanted to obtain approval from DEP in the future for motorized vessels would that have to come back to council? Attorney Davis recommended including that in our language. Mayor Young stated there was specific criteria to analyze for variances, she felt if they are removing and replacing all the piles there would be a significant impact. The comprehensive plan had a conservation element regarding pier widths and wasn't sure this complied with the Village's comprehensive plan objective. Ms. Small did coordinate with DEP regarding shallow depth and said they are required to avoid and minimize impacts; shortening the dock would not be approved and needed to be replaced in the same location for approval. A larger platform would create a greater impact. Mayor Young was concerned with the lack of surveys and seagrass areas not identified. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, advised Council to familiarize themselves with federal and state law and to make a condition of approval for no motorized vehicles so they would have to come to Council if they wish to change that. • Marie Sapirie, 79 Yacht Club Place, felt the dock did not meet requirements and would create additional parking issues. Attorney Davis reviewed the variance criteria for approval requirements. Mayor Young requested a postponement for more data analysis. Council Member Sartory asked if the dock would be controlled access and gated with a key; Ms. Small confirmed it was only for residents and would not create a parking issue. He felt the seagrass issue had been mitigated and Council was trying to find a reason to deny the request. Mayor Young stated that was not her intent and marine conservation was critical. Council had detailed discussion on the environmental impact, the mangrove tree professional, detailed seagrass studies, motorized vessels, and the DEP impact letter. Attorney Davis informed Council that continuing the hearing to allow the applicant to provide additional information was up to the applicant, from a due process standpoint they have submitted a complete application and had the right to have some action. He asked the applicant if they objected to postponement to the October Council meeting. Ms. Small felt the information being requested was in the report. After a great deal of discussion, she agreed to postpone, but needed clarification on the exact details requested. MOTION: Council Member D'Ambra made a motion to postpone to the October 12, 2023 council meeting; Council Member Painter seconded the motion. Carried unanimously 5-0. 20. SEU 4-23: Application from TEQUESTA MALL LLC for a Special Exception Use approval pursuant to Section 78-180(i)(17) of the Village of Tequesta Code of PRggd 9bbF02 Agenda Item #1. Ordinances. The Applicant is requesting Special Exception Use approval to allow for a "Shopping Center" within the Mixed Use (MU) Zoning District. The subject property is located at 150 N. US Highway 1, Tequesta, FL 33469. Attorney Davis announced SEU 4-23 and SPM 5-23 were quasi-judicial matters and swore in three participants. Council disclosed the following ex-parte communications: • Mayor Young visited the site. Mr. Lilly introduced the application to Council. Mr. James Sturgis, the architect, detailed the need for the special exemption use due to the cost exceeding $50,000 which was the monetary standard. There was not achange to the use of what was currently there, just aesthetic updates. MOTION: Council Member D'Ambra made a motion to approve SEU 4-23; Council Member Sartory seconded the motion. Carried unanimously 5-0. 21. SPM 5-23: Application from TEQUESTA MALL LLC for a Site Plan Modification to change the exterior building colors to Sherwin Williams SW-6385 and Sherwin Williams SW-7030 Anew Gray. The application also includes the improvement of the existing covered walkway, and the replacement of the walkway's roof material with a seam metal roof (Metal Alliance Dark Bronze). The subject property is located at 150 N. US Highway 1, Tequesta, FL 33469. Council Comments: • Council Member D'ambra inquired if an alternate trim could be used as he did not feel the color gray was coastal. He suggested blues, greens or teals to add vibrancy. • Vice-Mayor Brandon felt the bronze color was too black and requested a tone down. • Mayor Young also requested to bring in more color for more of a coastal vibe. Council also discussed standardized signage. Citizens Comments: • Tom Bradford, 44 Chestnut Trail, stated that environmentally speaking, the super ultra white paint was most effective as it reflected heat. MOTION: Council Member Painter made a motion to approve SPM 5-23; Vice-Mayor Brandon seconded the motion. Carried unanimously 5-0. 22. Consider Approval of Kimley-Horn and Associates, Inc, Work Authorization for Fire Protection/ Water Distribution System Improvements Program Projects No. 17, 18, & 19 and Western Master Meter Assembly (Jupiter Water Interconnect) Design and Permitting Phase Services at a Cost of$144,200 MOTION: Council Member D'Ambra made a motion to approve the Kimley-Horn work authorization for fire protection/water distribution system improvements; Council Member PlRggE202)f)F02 Agenda Item #1. Painter seconded the motion. Carried unanimously 5-0. 23. RESOLUTION 17-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING THE WRITE-OFF OF UNCOLLECTABLE AND INACTIVE WATER UTILITY ACCOUNTS AS IDENTIFIED IN THE ATTACHED "EXHIBIT A"; AUTHORIZING THE VILLAGE MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE SUCH WRITE-OFFS; PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES Mrs. Craig explained utilities had worked with collections, but most moved and were over three years old. Council Member Sartory asked if accounts could be flagged should they apply for services in the future. MOTION: Council Member Sartory made a motion to approve Resolution 17-23 Council Member D'Ambra seconded the motion. Carried unanimously 5-0. 24. RESOLUTION NO. 21-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING THE STORMWATER UTILITY FEES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2024, AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES MOTION: Council Member D'Ambra made a motion to approve Resolution 21-23; Council Member Painter seconded the motion. Carried unanimously 5-0. 25. RESOLUTION 22-23, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE ADD OF TEQUESTA, FLORIDA, EXPRESSING SUPPORT FOR THE EXTENSION AND CONTINUATION OF THE PALM BEACH COUNTY ONE-CENT SALES SURTAX TO FUND LOCAL INFRASTRUCTURE PROJECTS THROUGH DECEMBER 31, 2036; PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES. Council discussed supporting a ballot question extending the one cent sales tax. MOTION: Council Member D'Ambra made a motion to approve Resolution 22-23; Council Member Sartory seconded the motion. Carried 4-1 (opposed: Mayor Young). ANY OTHER MATTERS Mayor Young asked Council if they were interested in adding DERM to the November workshop to discuss dune renourishment. Council was in favor of adding this to the November workshop. ADJOURNMENT PRggE2 13 )V02 Agenda Item #1. The meeting was adjourned at 9:26 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting; Council Member Sartory seconded the motion. Carried unanimously 5-0. 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. PfggE224bfif702 Agenda Item #1. Draft N A MINUTES SPECIAL COUNCIL MEETING MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 21, 2023 5:30 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 5:34 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Vice-Mayor Laurie Brandon, Council Member Frank D'Ambra, Mayor Molly Young, Council Member Patrick Painter, and Council Member Rick Sartory. AGENDA ITEMS 1. Budget Hearing: a. Announce the Proposed Millage Rate is 6.4595 Mills b. Announce the Proposed Operating Millage Rate Necessary to Fund the Budget is 12.22% greater than the Rolled-Back Rate of 5.7560. c. Summary of Tentative Budget. d. Citizen Comments Village Manager, Jeremy Allen, highlighted key dates and steps from the budget planning process. He announced the goal of adopting Resolution 23-23 with a millage rate of 6.4595, representing a .1695 mill reduction from last year, and adopting Resolution 24-23 the 2023- 2024 Fiscal Year budget totaling $42,579,751. Manager Allen detailed the millage rate decrease of 2.56% with an overall increase in taxable values of 26.03%, which was attributed to new construction and the Sea Glass condominium. He stated homestead was limited to a 3% increase with 90% of the Village having homestead protection. Non-homestead and commercial properties were limited to a 10% increase. He explained the $4 million increase to the budget was due to water utilities and infrastructure improvements. The increase in the General Fund was attributed to capital projects, funding for Remembrance and Constitution Parks, the additional Firefighter positions, and the Health Insurance increase, and the Property and Casualty Pag@d4bof 302 Agenda Item #1. Draft insurance increase. He provided further detail on the individual funds including building, surtax, water utility, stormwater, and refuse and recycling funds. Manager Allen was confident the General Fund would meet the three month reserve goal when the 2023 audit was completed. Manager Allen explained the Village of Tequesta was the taxing authority and announced the proposed millage rate was 6.4595 mills. He stated the proposed operating millage rate necessary to fund the budget was 12.22% greater than the rolled-back rate of 5.7560 mills. He reviewed the additional ad valorem tax would be used to fund the two Firefighter positions, establish a funding source fore the street and sidewalk improvements, fund Remembrance Park, and fund increases to personnel benefits. Citizen Comments: • Mr. Tom Bradford, 44 Chestnut Trail, confirmed the millage rate deduction. Council Comments: • Council was proud of the budget and happy to share it with the residents. The public hearing was closed. 2. Resolution No. 23-23, a Resolution of the Village Council of the Village of Tequesta, Florida, Adopting the Final Millage Rate for the Levying of Ad Valorem Taxes for the Village of Tequesta for the Fiscal Year Commencing on October 1, 2023 and Ending on September 30, 2024; Providing an Effective Date; and for Other Purposes Mayor Young stated the final millage rate could not exceed the tentatively adopted millage rate. MOTION: Council Member D'Ambra made a motion to approve Resolution 23-23 adopting the millage rate of 6.4595 mills; Council Member Sartory seconded the motion. Carried unanimously 5-0. 3. Resolution No. 24-23, A Resolution of the Village Council of the Village of Tequesta, Florida, Adopting its Final Budget for Fiscal Year 2023-2024; Providing that the Budget Hereby Adopted may be Adjusted or Modified by Subsequent Resolution of the Village Council, or Otherwise, Under Certain Circumstances; Providing an Effective Date; and for Other Purposes. MOTION: Council Member Sartory made a motion to approved Resolution No. 24-23 adopting the fiscal year 2023-2024 operating and capital budget; Council Member D'Ambra seconded the motion. Carried unanimously 5-0. ADJOURNMENT The meeting was adjourned at 5:48 PM. MOTION: Council Member Sartory made a motion to adjourn the meeting; Council Member Painter seconded the motion. Carried unanimously 5-0. Pag@A4b(2 302 Agenda Item #1. Draft 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. Pag@dRftc$302 Agenda Item #1. Draft MINUTES WORKSHOP MEETING VILLAGE OF TEQUESTA, FL SEPTEMBER 21, 2023 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 5:48 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Vice-Mayor Laurie Brandon, Council Member Frank D'Ambra, Mayor Molly Young, Council Member Patrick Painter, and Council Member Rick Sartory. AGENDA ITEMS 1. Discuss Council Vacancy Left By Mr. D'Ambra Resignation Mayor Young reminded Council of the process of replacing Council Member D'Ambra's seat. There were three options up for discussion: Council could name and appoint, the Village could take applications leading to Council appointment, or Council could leave the seat vacant until the March 2024 election. Council discussed all scenarios and ultimately decided to accept applications first, and decide from there. Mr. Tom Bradford of 44 Chestnut Trail opined on the application process and conditions attached to it. Mrs. Pat Watkins of River Drive believed no one should be discouraged to seek an appointment by adding conditions to the application. Ms. Luila Chevrez of Tequesta addressed Council and announced that she was running for seat one. Mayor Young believed an appointment should be made soon and if not, Council should wait until March 2024. Applications would be available on the Village website from September 25th through October10th, and a Special Meeting was scheduled for October 16th at 5:30 pm. Pag@doeof 302 Agenda Item #1. Draft ADJOURNMENT The meeting was adjourned at 6:34 PM. MOTION: Council Member D'Ambra made a motion to adjourn the meeting at 6:34 PM; Council Member Sartory seconded the motion. Carried unanimously 5-0. 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. Pag@E2jbc9 302 Agenda Item #1. Draft MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL OCTOBER 12, 2023 6:00 PM COUNCIL CHAMBERS CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Molly Young at 6:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Molly Young, Vice-Mayor Laurie Brandon, Council Member Patrick Painter, and Council Member Rick Sartory. Absent were: Council Member Frank D'Ambra. INVOCATION AND PLEDGE OF ALLEGIANCE -Vice-Mayor Laurie Brandon An invocation was offered by Vice-Mayor Brandon followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Sartory made a motion to approve the agenda with item 16 postponed; Council Member Painter seconded the motion. Carried unanimously 4-0. PRESENTATION 1. Presentation on Veterans Monthly Coffee Event Council Member Sartory introduced Kevin O'Brien, Commandant, General A.A. Vandegrift Detachment, Marine Corps League who showed a short introductory video to request Council's support of Coffee with a Veteran. He explained it was similar to Coffee with a Cop where residents and Veterans could talk about Veteran service organizations, VA Hospital issues, and other Veterans' affairs. Council Member Sartory felt it was consistent with Village support. He was sponsoring the first event and thought Council could rotate support at different coffee shops within the Village during season, approximately 4-5 months. He also requested, with Council's approval, promoting it on the Village social media outlets. Council agreed to host the first event and see how it was received before hosting future events. PaRegig bbT02 Agenda Item #1. Draft 2. Proclamation Proclaiming October as National Disability Employment Awareness Month Village Clerk McWilliams read the proclamation into record; it was accepted by Torrance Bostic, Program Manager for Best Buddies Palm Beach. He introduced David Diperi, Vice President of Best Buddies at Jupiter High School, who detailed the goals of developing friendships and creating bonds between people with and without disabilities. He also detailed their advocacy for employment and independence for those with intellectual and developmental disabilities. They both thanked the Village and directed those with disabilities, looking for employment, to visit bestbuddies.org CONSENT AGENDA MOTION: Council Member Sartory made a motion to approve the Consent Agenda as presented; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0. 3. MINUTES: August 14, 2023 Workshop; September 5, 2023 Workshop; September 14, 2023 Special (Budget); and September 21, 2023 Special(Budget) 4. Consider 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.) A. Handtevy Pediatric Emergency Standards, Inc. Quote Q09645-Fire Department, $3,990.00. B. Sprint T-Mobile Md7 Capital Site License Second Amendment Agreement-Public Works, $N/A. C. TAW Annual Generator Maintenance Service Agreement-Public Works, $3,500.00 D. Zoll Expertcare Extended Warranty & Preventative Maintenance Contract-Fire Department, $3,926.97. 5. Consider Approval of Kimley Horn and Associates Work Authorization for RO Concentrate Main Conflict Engineering Services Related to the FDOT US1 Bridge, Not to Exceed$32,250 6. Consider Approval of Johnson & Davis, Inc. Construction Contract for the RO Concentrate Main Conflict Related to the FDOT US1 Bridge, Not to Exceed$73,899 7. SE 05-23 - This is a Special Event application for a Family Fall Festival event on 1011412023 from 11:30 a.m. - 4:00 p.m. for -200 attendees by the Good Shepherd Church to take place on its premises located at 402 Seabrook Rd. There will be activities such as bounce house, pumpkin patch, etc. There also will be food trucks and drinks available. Alcohol will be served. The applicant has provided proof of insurance and alcohol license. 8. Consider Adoption of Procurement Card Policy and Procedure END OF CONSENT AGENDA Pageg9 2)bT02 Agenda Item #1. Draft COMMUNICATIONS FROM CITIZENS Harold Taylor, 13 Chapel Court, acknowledged Buidling Director, Jose Rodriguez, and his work for the Village. He also gave kudos to the landscape architects of 691 US 1 as it was the best in the Village and broke up the bulk of the building. Travis Johnson, 68 River Drive, made Council aware of the broken storm drain and subsequent hole on his property. He had spoken with David Tinoco, Superintendent of Water Distribution & Storm Water, and knew the Village was working on a fix, but wanted to see if he could speed up the process as it was a safety issue. Marjorie Craig, Utilities Director, and Manager Allen would follow up with Mr. Johnson after the meeting. Les Gelber, 72 River Drive, also addressed the hole at 68 River Drive. He had pulled children out of the hole before and felt it was a very dangerous situation. He asked if there was protocol for emergency situations like this. Amy Angelo, Oceana Coffee, asked Council to re-visit the restriction of formula businesses within the Village. Council agreed to add the topic to a future workshop agenda including any State updates on the topic. COMMUNICATIONS FROM COUNCIL Council Member Sartory addressed the speed at which the lights and railroad crossing arms went down when the Brightline train passed. He thanked staff and Brightline for addressing the issue as it seemed to be better. Council Member Painter also addressed the train tracks over the intracoastal waterway along Alternate A1A. He thought tracks could not be down for longer than 30 minutes, but had been stuck, unable to cross into Tequesta by boat, for several hours. Vice-Mayor Brandon updated Council on the Environmental Advisory Committee's initiative on expanding the recycling cans within the Village. She also thanked Public Works, Utilities, and the Clerk for keeping the residents up to date on the El Portal road closures. Mayor Young spoke at the Martin County delegation legislative meeting to request support of Tequesta Park funding, they were pleased to hear about the Village's matching funds. She would be attending the Florida League of Cities state policy committee meetings and speaking with Palm Beach County delegations on policy priorities. STANDING REPORTS Village Attorney Village Attorney Keith Davis announced his involvement at the October 27th Palm Beach Transportation Planning Agency affordable housing symposium. He would be a panelist regarding the legal framework of the Live Local Act. PaRegW 3)bT02 Agenda Item #1. Draft Village Manager 9. Village Manager Standing Report Manager Allen announced train volume was increasing as Brightline was at full service, the El Portal project was 25% completed and the project would pick up speed now that it was on the South side, and thanked Jose Rodriguez for his work as the building official and the structure he brought to the department. He was leaving a positive impact on the Village. Mayor Young inquired on next steps after the Business Flare update; Manager Allen stated that staff was looking at new initiatives with the ShopVOT program, per the recommendations, at the time only two businesses had shown interest. Police Department 10. Police Department Standing Report Chief Gus Medina highlighted the success of National Night Out and congratulated Lieutenant Keith Smolen for spearheading the event. He announced former Jupiter Inlet Colony Chief John Pruitt had joined the department, the assistance the department provided Florida Fish and Wildlife Commission (FWC) in locating a missing diver, and the two-day program Assistant Chief McGrew and Pasto Paul Beresford attended on mental well-being. They hoped to implement the program here and all over Palm Beach County. Fire Department 11. Fire Department Standing Report Chief James Trube thanked Jose Rodriguez for his partnership. He announced the success of the September 11th ceremony, the two new conditional hires, flood water classes, elevator rescue and operations training, and provided pictures of the department from the past 30 years. UTILITIES 12. Utilities Department Monthly Report Mrs. Craig highlighted star recipients Joseph O'Connor, Chance Fell, and Juan Rivas. She detailed the El Portal project and attempts to have it tidied up before Halloween, the Dover Ditch draft agreements was imminent, and provided water treatments updates on proactive pre-screenings for PFAS and lithium testing. She informed Council on a call from the US1 bridge replacement team regarding a conflict with two water sewer structures that would have needed to be addressed without reimbursement from the Department of Transportation, but was happy to announce the PaRagd,ebbT02 Agenda Item #1. Draft issue was resolved without any needs from the Village. She concluded with reviewing the dashboard and last fiscal year. REGULAR AGENDA OLD BUSINESS 13. CONTINUED FROM 9114123 - VAR 1-23: Application from TURNBERRY BEACH ROAD LLC for Variance approval for a variance from Sections 76-20(a) and (b) of the Village of Tequesta Code of Ordinances to allow for construction of a new dock extending 109.5 feet waterward of the mean highwater line with a 7.5-foot pier width where the Village Code allows a maximum dock length extending no more than 75 feet waterward from the mean highwater line and a maximum pier width of six (6) feet, variances of 34.5 feet in waterward extension dock length and 1.5 feet in pier width. The subject property is located at 1500 Beach Road, Tequesta, Florida, 33469. Attorney Davis announced VAR 1-23 was a Quasi-Judicial matter and placed two individuals under oath. There were no ex-parte communications to disclose. Community Development Director, Jay Hubsch notified Council of one change from the previous discussion; the dock could not be wider than 5 feet per the Village's comprehensive plan, therefore the variance for width was not eligible. The waiver was still needed for the length. Danna Small provided confirmation from the Department of Environmental Protection (DEP) that shortening the dock was not permissable as it would create a greater impact to the environment. She also provided information from DEP that stated a professional mangrove trimmer was not required. Images of the area were shown that illustrated mangroves were not in the walkway, only lateral trimming would be needed which did not result in a net loss of mangroves. She further detailed the sea grass growth in the area. Mr. Hubsch read the September 29, 2023 letter from DEP into record which stated seagrasses would not necessitate a permit modifications and constructing the dock in the same footprint limited impacts to the area. Ms. Small also detailed how the new dock would be designed to allow continued recruitment of seagrass. The previous dock design had not considered seagrass recruitment. The dock would also not be constructed for motorized vessels. Council Comments: • Council Member Painter confirmed staff recommended a mangrove trimmer as a condition of approval. • Vice-Mayor Brandon suggested the professional mangrove trimmer because of the amount of lateral trimming needed, but was ok with the letter from DEP. • Mayor Young stated the conditions of approval were the Army Corps of Engineers permit and a DEP letter. Paged R)bT02 Agenda Item #1. Draft Citizen Comments: • Tom Bradford, 44 Chestnut Trail, advised Council they needed to state the application for a hardship was valid. Mayor Young clarified the hardship was in the agenda backup and was due to the seagrass recruitment. She restated the conditions of approval included an updated Army Corps of Engineers permit, a professional mangrove trimmer, and future applications to Council if they were to add motorized vessel usage. MOTION: Council Member Painter made a motion to approve VAR 1-23 with the conditions of an updated Army Corp of Engineers permit, a letter from DEP, and future modification applications to Council for approval; Vice-Mayor Brandon seconded the motion. Carried 3-1 (opposed: Council Member Sartory) (absent: Council Member D'Ambra). NEW BUSINESS 14. Conceptual Presentation By 2GHO, Inc To Develop A Convenience Store With Fuel Sales At 150 Tequesta Drive Attorney Davis provided a legal disclaimer for conceptual presentations stating that the conceptual presentation was not mandatory, was not a quasi-judicial proceeding, council action would not be taken beyond discussion, and the outcome and comments were not a guarantee or assurance of the final action that may be taken by the Council. It was the Village's opinion and position a zoning text amendment was required due to the type of convenience store/gas station allowance in the current mixed use district definitions. Troy Holloway of 2GHO presented the conceptual design for a WAWA at the former Bank of America building. It would include 6 gas pumps and 12 fueling stations. He provided a conceptual siteplan with outdoor seating and detailed the shared parking agreement would remain as well as the existing access points. An expanded landscape buffer would be included to meet new codes as well as generous setbacks. He also detailed the history of WAWA for Council including their expansion into Florida, generous employee benefits, charitable contributions, and reputation of a clean store with expanded food options for customers. He felt the definitions in the code were a bit convoluted, but they could work together to get past that if Council was open to it. Council agreed that they did not feel this was the right vision for the Village. They were concerned with the impact to local businesses, the number of gas stations already in the Village, and the major zoning amendments required. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, was concerned with the location and intensity of PaRegig CobT02 Agenda Item #1. Draft use. • Amy Angelo, Oceana Coffee, thanked Council for thinking of the small businesses. • Pat Watkins, 167 River Drive, thought WAWA was a great businesses, but not a great fit for Tequesta. 15. Council Consideration to Sponsor the Meals on Wheels "Pie-it-Forward" 2023 Fundraiser and Serve as a Corporate Pickup Site Manager Allen offered details on Village Hall being a site pick-up for the Meals on Wheels "Pie-it-Forward" campaign. The pies were donated by local restaurants and sold to the public. Each pie sale would help contribute one hot meal for local homebound senior citizens. Council Member Sartory announced his wife worked for Meals on Wheels but the Village's participation in the event had no financial benefit to her or his family. He also explained how Meals on Wheels was not a recipient of government funding and this was one of their largest fundraising events. Mayor Young asked if any other cities were involved and if the Village was a sponsor or pickup site. Council Member Sartory did not believe other cities had been asked in the past and this year the organization was expanding their involvement. The Village want not a sponsor. MOTION: Vice-Mayor Brandon made a motion to approve the Meals on Wheels "Pie-it- Forward" corporate pick-up site and team; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 16. POSTPONED: ORDINANCE NO. 12-23, FIRST READING AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. AT SECTION 78-178. C-3 GENERAL COMMERCIAL DISTRICT., TO ADD PRIVATE MUSEUM AS A SPECIAL EXCEPTION USE, AND AT ARTICLE X. OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS. AT SECTION 78-705. REQUIRED NUMBER OF PARKING SPACES. TO PROVIDE THE NUMBER OF PARKING SPACES REQUIRED FOR THESE ESTABLISHMENTS; 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. 17. ORDINANCE NO. 11-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. TO PROVIDE NEW REGULATIONS FOR THE USE, INSTALLATION AND MAINTENANCE OF ARTIFICIAL TURF, PaRacgg-bbF02 Agenda Item #1. Draft 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 CAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Attorney Davis read the title into the record. He informed Council the ordinance had robust requirements and the Local Planning Agency (LPA) recommended allowing artificial turf in backyards as putting greens only with an annual inspection of the condition. Putting greens were not to exceed 500 square feet. Council Comments: • Council Member Sartory was in favor of the backyard only and to reduce the amount to 5 percent of the total landscaping, but not limiting it to putting greens only. He was not in favor of an annual inspection. • Council Member Painter felt limiting turf to putting greens with an annual inspection was excessive, but he was in favor of limiting it to the backyards. He inquired on how residences that already had artificial turf would be handled. Attorney Davis explained they would be grandfathered in, but when it was time to replace the turf already there it would need to come into compliance with the new code. • Mayor Young was concerned with residences that didn't meet the current code. Attorney Davis explained that was an enforcement issue. He expanded on the non-living landscape allowable amount of up to 10 percent, but stated there was no specifics on quality or installation. He also detailed the requirements of repairing and maintaining the turf. Mayor Young inquired on variances and corner lots. Attorney Davis stated single family or two family dwellings could not request variances. Regarding commercial and mixed use properties Council could make it a special exception use (SEU). He also announced code addressed corner lots and what was considered front and rear yards. • Vice-Mayor Brandon was in agreement with Council to limit it to the backyard, but not strictly putting greens. She also felt an annual inspection was aggressive as the Village was not inspecting other backyard items. Citizen Comments • Tom Bradford, 44 Chestnut Trail, asked if putting greens were not included in the 10 percent was there a way to make sure it was only in the backyard. He also advised council to place and emergency zone in progress ordinance to stop anyone from adding turf now. Attorney Davis provided the definitions of front yard, sideyard, and rear yard. He would add commercial and mixed use language for an SEU as well as language limiting turf to 10% of the total landscaping, including putting greens, in the backyard and screening for corner lots. The ordinance would be brought back for first reading. MOTION: Vice-Mayor Brandon made a motion to ammend langauge for backyard and sideyard screening, limiting artificial turf to 10 percent of the total landscaping including putting greens, and adding language for SEU for commercial and mixed use; Council PagegfD�bbT02 Agenda Item #1. Draft Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 18. ORDINANCE NO. 14-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. SEC. 46-2. USE OF GOLF CARTS UPON DESIGNATED VILLAGE STREETS. TO CONFORM THIS SECTION TO RECENT CHANGES IN STATE LAW REGARDING AGE AND FORM OF IDENTIFICATION FOR GOLF CART OPERATORS ON PUBLIC STREETS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF 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. Attorney Davis read the title into the record. Chief Medina highlighted two state statutes had changed requiring an update to the Village ordinance. The age requirement was changed from 16 years old to 18 years old unless they had a valid drivers license or permit, and 18 years of age must have a photo id at all times. The remainder of the Village ordinance was in compliance and there was no change needed to the number of occupants or safety. Council Member Sartory asked for information on why golf carts were only allowed in the Country Club. Attorney Davis detailed the history and state law that required traffic studies to show safety for golf carts on roads. The Village completed those studies in 2019 and the Country Club met the requirements. The Tequesta Drive bridge was deemed unsafe for golf carts as well as the speed and traffic on other roads. There were recommendations made to allow for golf carts but those were very costly and the previous Council was concerned with safety and budget restraints. MOTION: Council Member Painter made a motion to approve Ordinance No. 14-23; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 19. Consider Adoption of Engagement Letter for Legal Representation in PFAS Litigation Attorney Davis announced he had been solicited by a group of lawyers to represent the Village in the nationwide per- and polyfluoroalkyl substances (PFAS) litigation. This would be a contingency arrangement with no out of pocket expense for the Village. If the firm secured a settlement verdict they would then take a 25% fee. Attorney Davis did not have any objection to using the firm as they were experienced in environmental law. Council Comments: • Mayor Young asked for specifics on the cost. Attorney Davis felt he could negotiate the cost. She inquired if Palm Beach County had retained a firm and if the Village should look into their own firm. Attorney Davis would research other PagegWDi R)bT02 Agenda Item #1. Draft Counties and Cities but did not recommend opting out of the class action suit as that would require the Village to litigate on their own. Citizen Comments: • Tom Bradford, 44 Chestnut Trail, questioned what would occur if the Village did not have any PFAS. Attorney Davis explained the law firm would take on that risk. • Harold Taylor, 13 Chapel Court, stated PFAS was in everything that was waterproof and asked how many were filing lawsuits against Dupont on a National scale. No action was taken by Council. Attorney Davis would look into additional information on other litigations, settlement classes, and options. 20. Consider Approval of Agreement for Building Official, Plans Reviewer, and Inspection Services with Diversified Building Department Management Corp. Manager Allen explained the contract was for back up services for the building department to provide coverage when the director was out. MOTION: Council Member Sartory made a motion to approve the agreement with Diversified Building Department Management Corp.; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 21. Consider Approval of Agreement for Supplemental Building Department Plan Review Services with Sunshine Building Inspection, LLC Manager Allen stated this agreement would assist with the transition as this was former Building Director, Jose Rodriguez, company and would be on an as needed basis. MOTION: Vice-Mayor Brandon made a motion to approve the agreement with Sunshine Building Inspection, LLC; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). ANY OTHER MATTERS Council Member Sartory clarified his opposing vote on item 13, Variance 01-23, was because he was not in favor of requiring a professional mangrove trimmer. Mayor Young inquired if Council wanted to consider workshopping adult arcade code. Attorney Davis thought current code addressed it briefly, but acknowledged it was worth talking about. ADJOURNMENT The meeting was adjourned at 9:00 PM. PR9g(8T Q)bT02 Agenda Item #1. Draft MOTION: Council Member Painter made a motion to adjourn the meeting; Vice-Mayor Brandon seconded the motion. Carried unanimously 4-0 (absent: Council Member D'Ambra). 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. 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