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HomeMy WebLinkAboutMinutes_Regular_6/13/2024 f r MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL JUNE 13, 2024 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, MMC. Present were: Mayor Molly Young, Council Member Patrick Painter, Vice-Mayor Rick Sartory, Council Member Laurie Brandon, and Council Member Jayson E. French. INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Janson French An invocation was offered by Council Member French followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Painter made a motion for approval of the agenda; Council Member French seconded the motion. Carried unanimously 5-0. PRESENTATION CONSENT AGENDA MOTION: Council Member French made a motion to approve the Consent Agenda as presented; Vice-Mayor Sartory seconded the motion. Carried unanimously 5-0. 1. MINUTES: April 29, 2024 Workshop and May 9, 2024 Regular Council Meeting 2. Consider Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance wer are presenting the following agreements, proposals, commitments and memornadum of understanding to Council. ) A. FORVIS, LLP Service Agreement for Online Annual Comprehensive Financial Report, $3,000.00 B. Dive Rescue International Agreement Rescue 1 Fire Rescue, see agreement for details C. Dive Rescue International Agreement Rapid Diver Unit Fire Rescue, see agreement for details. 3. Consider Approval of the $5,000 Donation for the Wrapping of the Tequesta Police Department's 2017 Ford E350 Van 4. Consider approval for a Special Event permit application for an annual running race organized by Palm Beach Roadrunners, a registered 501(c)(3) organization. The event is to be held on Thursday, November 28, 2024 from 6:00 a.m. - 11:00 a.m. No alcohol will be served. Free food and water will be provided. The projected number of attendees for the event is 2,200. 5. Consider Approval of the Purchase of a 2024 Chevrolet Colorado for the Building Department; Funding was Allocated in the 2023-2024 budget. 6. Consider Approval of FDEP State Revolving Fund (SRF) Loan Agreement Extension for Loan Number DW502700 for Water Main Replacement Project No. 1 (Tequesta Dr.) and No. 4 (Country Club Dr. South) END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Frank D'Ambra, former Council Member, spoke in favor of agenda item 15 stating the safety of citizens was local governments number one priority. He felt Tequesta was blessed with the finest public safety department and with the rising costs of living, inflation, and salaries of surrounding public safety departments he hoped item 15 would be passed. He congratulated and thanked Council in advance. Harold Taylor, 13 Chapel Court, was concerned with the FPL poles on the site of Remembrance Park. He wasn't sure who was responsible for them, but felt they needed to be removed. COMMUNICATIONS FROM COUNCIL Vice-Mayor Rick Sartory recognized Corporal Hoysradt for his award during the Traffic Safety Awards. He also attended the North County Discover the Palm Beaches meeting where a potential bridge opening celebration with the North County Chamber of Commerce was discussed. STANDING REPORTS Village Attorney Village Manager 7. Village Manager Monthly Report Village Manager, Jeremy Allen, provided updates on the Seabrook Road sidewalk project, the quiet zone mitigation, and the Bureau of Land Management project with the Environmental Advisory Committee's involvement. He announced the upcoming Planning and Zoning meeting on June 20th and the Budget Workshop on June 24th. Police Department 8. Police Department's Monthly Standing Report Chief Gus Medina highlighted Corporal William Hoysradt who was recognized at the 38th Annual Traffic Safety Awards Banquet and Detective Jesse Dacosta who was honored by the Jupiter Masonic Lodge. He provided an update on the Bureau of Land Management property (Jupiter Inlet Lighthouse Natural Area) and parking issues, the last day of school water balloon fight, Explorer meetings, the Nautical Club, and the last fire arms safety class. The department was pursuing the fire arms safety grant for next year. Fire Department 9. Fire Department Report Fire Chief James Trube provided Council an update on Hurricane Season preparations, acknowledged Angela Schumacher who received the Exceptional Service Award from Palm Beach County Emergency Medical Service providers, announced the June 19th Fire Department Banquet, push-in ceremony, badge pinning ceremony, and trainings with Palm Beach State College. UTILITIES 10. Utilities Department Update Superintendent of Water Distribution & Storm Water, David Tinoco, provided an update on the Dover ditch permitting which was currently with the Army Corps of Engineers and could take up to one year, the water main replacement was nearing completion, and the department was preparing for rainy season. REGULAR AGENDA OLD BUSINESS 11. ORDINANCE 03-24, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 74. UTILITIES. SECTION 74-82. LIEN FOR UNPAID SERVICE CHARGES. REVISING THIS SECTION TO PROVIDE A PROCESS FOR THE VILLAGE SPECIAL MAGISTRATE TO IMPOSE DELINQUENT UTILITY SERVICE CHARGES AGAINST THE PROPERTIES SERVICED; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 74. UTILITIES. 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. This was second reading. Mayor Young opened the hearing for Council comments, there were none. Mayor Young opened the hearing for citizen comments, there were none and the hearing was closed. MOTION: Council Member Painter made a motion to approve Ordinance 03-24; Council Member French seconded the motion. Carried unanimously 5-0. 12. ORDINANCE NO. 04-24, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE V. ELECTIONS. DIVISION 3. CANDIDATES. BY AMENDING SECTIONS 2-273 AND 2- 274 TO CONFORM THESE SECTIONS WITH VACANCY FILLING PROVISIONS OF THE RECENTLY AMENDED VILLAGE CHARTER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION. 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. This was second reading. Mayor Young opened the hearing for Council comments, there were none. Mayor Young opened the hearing for citizen comments, there were none and the hearing was closed. MOTION: Council Member French made a motion to approve Ordinance 04-24; Council Member Sartory seconded the motion. Carried unanimously 5-0. 13. ORDINANCE NO. 05-24, 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 VI. IN GENERAL. AT SECTION 78-4. DEFINITIONS. TO CREATE AN ENTIRELY NEW DEFINITION FOR THE TERM PRIVATE MUSEUM, AT ARTICLE Vl. 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. Attorney Davis read the title into the record. This was second reading. Mayor Young opened the hearing for Council comments. Council discussed the Ordinance in great detail with concerns of the distance of 1,000 or 500 square feet between a similar car museum in the zoning district. Mayor Young was also concerned with the zoning definition being specific to one property. Attorney Davis felt the zoning distance was a substantive edit and needed to be brought back for another second reading. Mayor Young opened the hearing for citizen comments, there were none and the hearing was closed. MOTION: Council Member Painter made a motion to approve Ordinance 05-24 with the addition of language regarding a 500 square foot distance between a comparable business; Council Member French seconded the motion. Carried 3-2 (opposed: Mayor Young and Council Member Brandon). 14. Consider Approval of the Brick Donation Policy for Remembrance Park and Village Hall Memorial Council engaged in a detailed discussion on a brick policy for Remembrance Park. They were open to allowing bricks to be purchased for active community members and not just military veterans. Citizen Comments: • Marcia Nielsen, 94 Beechwood Trail, wanted to see the bricks open to everyone. • Liz Schauer, 85 Teakwood Circle, wanted to donate $250 for each past Council Member who had passed be represented on a brick. • Pat Watkins, 167 River Drive, hoped for many to be interested in purchasing a brick, but did not envision a problem with supply. MOTION: Council Member Sartory made a motion to approve the brick donation policy without restriction for who could purchase a Remembrance Park brick; Council Member Brandon seconded the motion. Carried unanimously 5-0. NEW BUSINESS 15. Consider Approval of Memorandum of Understanding (MOU) - VOT/PBA Wage Article Reopener The mid-contract negotiation meant the next wage negotiation would be bypassed and allowed the Village to stay competitive with police pay. Chief Medina thanked everyone for coming together. Brandon Keeler, legal counsel for the Police Benevolent Association(PBA), extended his gratitude on behalf of the PBA members. Council Member French hoped the same approach would be applied to Fire and the General Employees. MOTION: Council Member Painter made a motion to approve the MOU for the Village and PBA wage article reopener; Council Member Brandon seconded the motion. Carried unanimously 5-0. 16. Conceptual Presentation By 2GHO To Repurpose the Former Bank of America Building Into A Medical Office and Fast-Food Restaurant 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. Community Development Director Jay Hubsch introduced the concept of a medical complex with a Chipotle restaurant in the former Bank of America building. The medical use was an approved use while the Chipotle would require a special exemption. Troy Holloway of 2GHO presented on behalf of the property owner detailing landscape plans, open space, signage, and building features. He provided information on the "Chipotle Lane" which was a drive-thru concept to pick up orders and not a typical drive- thru and order lane. Council was concerned with parking, fast food chains, and having another medical complex. No action was taken. 17. Consider Approval of Hudson Pump & Equipment Sole Source Purchase for Well R3 Pump Replacement of an ITT, Inc. Goulds Pumps for$76,327 MOTION: Council Member Brandon made a motion to approve the Hudson pump and equipment sole source purchase; Council Member French seconded the motion. Carried unanimously 5-0. 18. Consider Approval of Johnson-Davis, Inc., Piggyback Agreement and a One-Year Renewal on the Palm Beach County Contract for 2022 Pipeline Continuing Construction Contract, a Proposal and Purchase Order Request Based on the Piggyback Agreement, to Construct the Final Relocation of the RO Reject Main Due to the FDOT US1 Jupiter Bridge Reconstruction in the Amount of $191,499.43, Conditioned on Receiving the Fully Executed One-Year Renewal Agreement from PBC MOTION: Council Member French made a motion to approve the Johnson-Davis, Inc. piggyback agreement with the fully approved and executed agreement from Palm Beach County provided; Council Member Brandon seconded the motion. Carried unanimously 5-0. 19. ORDINANCE NO. 1-24: FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS," "FORMULA RESTAURANT," "OVERLAY DISTRICT," "FAPADE TRANSPARENCY," AND "CIVIC OPEN SPACE," 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON-CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3 GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING, AND RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY DISTRICTS." WITH NEW CODE SECTIONS 78- 201 THROUGH 78-204; ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAPADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAiPADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FAPADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER; 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. Attorney Davis read the title into record. This was first reading. Mr. Hubsch provided a recap of the process that began in 2022, including the additional workshops with local businesses. Updates were made to what defined a formula business, created a definition for waivers, a non-confirming ordinance, and clarified open space responsibilities. The Local Planning Agency voted 3-1 for approval with a condition regarding hours of civic open space. Citizen Comments: • Tom Frankel, apprecated meeting with Council, Mr. Hubsch, and Manager Allen individually. He wanted to create something special, but needed to be incentivized to do so and needed everyone to work together. • Kaitlin Guerin, Counsel for SWNC Tequesta Village LLC, was concerned with the ordinance and the impact on the properties. She felt this was vague and arbitrary. • Rob Steiner felt that if the current zone allowed businesses then it should stay that way. • Patrick Dolezal, 18231 SE Island Drive in Martin County, felt the ordinance needed to be curbed and rethought. • Rob Hammond, of Palm Beach Gardens, was against the overlay. • John Isleb, Tequesta Drive, did not feel the ordinance created a benefit for the Village. Mayor Young opened the hearing for Council comments. Council discussed incentives, restricting drive-thru's, waivers, civic open space, and height waivers with a public benefit in great detail. They discussed Tequesta Drive being the only area prohibiting formula businesses. Council wanted to take their time to get this correct, they discussed tabling a portion of the ordinance and voting while further reviewing the formula business criteria. Attorney Davis advised that if a second reading occurred in July, lawsuits would follow at that time, should someone chose to file a lawsuit. Council agreed to further workshop the ordinance. MOTION: Council Member French made a motion to table the ordinance and further workshop the details including incentives; Council Member Painter seconded the motion. Carried 3-2 (opposed: Mayor Young and Council Member Brandon). 20. ORDINANCE 02-24, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CREATING THREE NEW OVERLAY ZONES WITHIN AND OVER THE VILLAGE OF TEQUESTA'S COMMERCIAL CORRIDORS: THE TEQUESTA DRIVE OVERLAY, THE US HIGHWAY ONE OVERLAY, AND THE VILLAGE CENTER OVERLAY, PROVIDING FOR THE ADOPTION OF SAID OVERLAY ZONES AND THEIR APPLICABILITY TO PROPERTIES LOCATED IN THE UNDERLYING PORTIONS OF THE C-1, C-2, C-3 AND MU ZONING DISTRICTS; PROVIDING THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA BE AMENDED TO REFLECT THE ADOPTION AND APPLICABILITY OF EACH OVERLAY ZONE, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. This item was pulled as this Ordinance and the previous Ordinance 01-24, item number 19, went together. 21. ORDINANCE NO. 06-24, FIRST READING: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, REPEALING CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. ARTICLE I. IN GENERAL. SECTION 46-4 ENTITLED "ELECTRIC BICYCLES ON SIDEWALKS PROHIBITED"; 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 record. This was first reading. Mayor Young opened the hearing for Council comments, there were none. Mayor Young opened the hearing for Citizen Comments: • Tom Bradford, 44 Chestnut Trail, did not feel the motions being made were clear on the ordinances. MOTION: Council Member French made a motion to approve Ordinance 06-24; Council Member Painter seconded the motion. Carried unanimously 5-0. ANY OTHER MATTERS Mayor Young informed Council that motions were formal actions and needed to be detailed when being made. ADJOURNMENT The meeting was adjourned at 8:26 PM. MOTION: Council Member Painter made a motion to adjourn the meeting; Council Member Brandon seconded the motion. Carried unanimously 5-0. Respectfully submitted, C 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.