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Agenda_Regular_10/16/2024 AGENDA Regular Council Meeting Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Mayor Molly Young Vice-Mayor Rick Sartory Council Member Laurie Brandon Council Member Patrick Painter Council Member Jayson E. French October 16, 2024 6:00 PM Council Chambers and Youtube Live Page CALL TO ORDER AND ROLL CALL INVOCATION AND PLEDGE OF ALLEGIANCE -VICE-MAYOR SARTORY APPROVAL OF AGENDA PRESENTATION J 1. Proclamation Proclaiming October 21 - 27, 2024 as Florida City Government 8 - 9 Week Presenter: Mayor Molly Young Agenda Memo #24-323 - Pdf CO DA 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: 9/3/2024 Workshop, 9/5/2024 Special Meeting, 9/12/2024 Special 10 - 29 REV Meeting and 9/12/2024 Regular Council Meeting 9-3-24 Work h o p 9-5-24 Special 9-12-24 Special 9-12-24 Regular 3. Consider Approval of Contracts Signed by Manager Under $25,000 (Per 30 - 66 Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Council.) A. All County National Pavement Management Solutions, $1,736.00 B. Only Trees, LLC, Page 1 of 512 Regular Council - Oct 16 2024 $51200.00 C. Florida Green Finance Authority, $0.00 D. PBC Agreement for EMS Grant Funds for Training Kits $5,081.26 Presenter: Jeremy Allen, Village Manager Agenda Memo #24-335 - Pdf 4. Consider approval of Special Event application for a Family Fall Festival event 67 - 79 on 10/26/2024 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 a food truck and drinks available. Alcohol will be served. The applicant has provided proof of insurance and alcohol license. Presenter: Wayne Cameron Agenda Memo #24-332 - Pdf 5. Consider approval of special event permit application for a Live Nativity for First 80 - 89 Presbyterian Church of Tequesta. The event will take place on 12/15/2024 from 5:00 P.M. - 6:00 PM at 482 Tequesta Dr. Presenter: Wayne Cameron Agenda Memo #24-334 - Pdf 6. Consider approval of special event permit application for an an outdoor Trunk 90 - 99 or Treat event on 10/26/2024 from 5:00 p.m. - 7:00 p.m. for -400 attendees by the Family Church to take place on its premises located at 423 Tequesta Drive. No alcohol will be served. Presenter: Wayne Cameron Agenda Memo #24-333 - Pdf 7. Consider Approval of Holtz Engineering Work Authorization 15 for State 100 - 106 Revolving Fund (SRF) Construction Administration Assistance for the Water Treatment Plant (WTP) Upgrades in the Amount of$59,370 Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-331 - Pdf END OF • AGENDA • • - • M A 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 Page 2of512 Regular Council - Oct 16 2024 COMMUNICATIONS FROM • STANDING REPORTS VILLAGE ATTORNEY VILLAGE MANAGER 8. Village Manager Standing Report 107 - 132 Presenter: Jeremy Allen, Village Manager Agenda Memo #24-341 - Pdf POLICE DEPARTMENT 9. Police Department's Monthly Standing Report 133 - 135 Presenter: Gus Medina, Police Chief Agenda Memo #24-338 - Pdf FIRE DEPARTMENT 10. Fire Department Report 136 - 143 Presenter: James Trube, Fire Chief Agenda Memo #24-336 - Pdf UTILITIES 11. Utilities Department Update 144 - 148 Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-316 - Pdf REGULAR AGENDA OLD BUSINESS 12. ORDINANCE NO. 01-24, SECOND READING, AN ORDINANCE OF THE 149 - 244 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," "FORMULA RETAIL," "OVERLAY DISTRICT," "FAQADE TRANSPARENCY," AND "CIVIC OPEN SPACE;" 78-96 Page 3of512 Regular Council - Oct 16 2024 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, FAQADE, 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, FAQADE, 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, FAQADE, 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; Page 4of512 Regular Council - Oct 16 2024 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Jay Hubsch Agenda Memo #24-318 - Pdf 13. ORDINANCE 02-24, SECOND READING, AN ORDINANCE OF THE 245 - 252 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. Presenter: Jay Hubsch Agenda Memo #24-319 - Pdf NEW BUSINESS 14. Consider Approval of a Memorandum of Understanding with Jupiter Inlet 253 - 266 Narrows Conservation Alliance, Inc to Partner on the Florida Department of Environmental Protection's Coastal Partnership Initiative Grant Program Presenter: Jay Hubsch Agenda Memo #24-329 - Pdf 15. Approve the 2024-2027 VOT/IAFF Collective Bargaining Agreement 267 - 339 REV Presenter: Merlene Reid, Director, HR & Risk Management Agenda Memo #24-321 - Pdf 16. ORDINANCE 08-24, FIRST READING, AN ORDINANCE OF THE VILLAGE 340 - 381 COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 76. WATERWAY CONTROL. CREATING AN ENTIRELY NEW ARTICLE IV. ENTITLED "BULKHEADS AND SEAWALLS"; AND AN ENTIRELY NEW ARTICLE V. ENTITLED "FILL PERMITS"; WHICH NEW ARTICLES ARE INTENDED TO LIMIT THE USE OF BULKHEADS AND SEAWALLS IN FAVOR OF PROMOTING LIVING SHORELINES, AND REGULATE THE USE OF FILL WATERWARD OF ADJACENT PROPERTY LINES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 76. WATERWAY CONTROL 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. Page 5of512 Regular Council - Oct 16 2024 Presenter: Jay Hubsch Agenda Memo #24-269 - Pdf 17. ORDINANCE NO. 10-24: AN ORDINANCE OF THE VILLAGE OF 382 - 390 TEQUESTA, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2, ADMINISTRATION, BY AMENDING SECTION 2-61, PENSION TRUST FUND, EXHIBIT B, THE PUBLIC SAFETY OFFICERS' PENSION TRUST FUND, TO ADOPT AND IMPLEMENT A SERVICE PURCHASE OPTION FOR POLICE OFFICERS TO PURCHASE PRIOR VILLAGE OF TEQUESTA POLICE SERVICE IN SECTION 27 OF THE FUND PLAN; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED. PROVIDING FOR A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Presenter: Jeffery Snyder, Finance Director Agenda Memo #24-328 - Pdf 18. Consider Approval of Odyssey Manufacturing Company Piggyback on Marion 391 - 502 County Renewal for Purchase of Bulk 12.5% Sodium Hypochlorite (Bleach) Budgeted for $128,700 Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-330 - Pdf 19. RESOLUTION NO. 20-24, A RESOLUTION OF THE VILLAGE COUNCIL OF 503 - 506 THE VILLAGE OF TEQUESTA, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-340 - Pdf 20. RESOLUTION NO. 21-245 A RESOLUTION OF THE VILLAGE COUNCIL OF 507 - 512 ADD THE VILLAGE OF TEQUESTA, FLORIDA, CONFIRMING BY PROCLAMATION THE STATE OF EMERGENCY DECLARATION ISSUED ON OCTOBER 9, 2024 FOR THE VILLAGE OF TEQUESTA DUE TO HURRICANE MILTON, ALL EMERGENCY REGULATIONS ACTIVATED UNDER THE PROVISIONS OF CHAPTER 26 OF THE VILLAGE CODE OF ORDINANCES, AND THE DESIGNATION OF THE FIRE CHIEF AS THE EMERGENCY MANAGEMENT DIRECTOR FOR THE VILLAGE FOR SO LONG AS THE LOCAL STATE OF EMERGENCY CONTINUES IN EFFECT; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Page 6of512 Regular Council - Oct 16 2024 Presenter: Keith Davis, Village Attorney Agenda Memo #24-348 - Pdf ANY OTHER MATTERS ADJOURNMENTA ADA ACCESSIBILITY: The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring our records are accessible to individuals with disabilities. However, there are records we receive from outside entities (contractors, vendors, other state agencies, etc.) that are not ADA compliant. We take every measure possible to remediate those documents, however, some records may not be compliant. If there is a file that is not compliant that you wish to access, please contact the Village Clerk's Office and we will make an accommodation. DISABLED ACCOMMODATION: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Clerk's Office at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wireless hearing system receivers are available by requesting the same from the Village Clerk. PLEASE TAKE NOTICE AND BE ADVISED: If any person decides to appeal any decision made by this Council with respect to any matter considered at this meeting or hearing he /she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. COMMUNICATIONS FROM CITIZENS: Public comments/ communications from citizens are limited to 3 (three) minutes. Anyone wishing to address Council should complete a "Comments by the Public" card and present it to the Village Clerk prior to the Communications from Citizens. When you are called to speak, please go to the podium and state your name and address for the record prior to addressing Council. Council will not discuss this item this evening; however, Council may choose to have the item placed on a future agenda for discussion. Reference Resolution 25-18 regarding public participation. OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments subject to the three-minute limitation. Village Council Meetings are public business meetings, and as such, the Village Council retains the right to limit discussion on any issue. SCHEDULE OF MEETINGS AND EVENTS 345 Tequesta Drive unless otherwise indicated Workshop - November 4, 2024 -6:00 p.m. Regular Council Meeting - November 14, 2024 -6:00 p.m. Page 7of512