Loading...
HomeMy WebLinkAboutMinutes_Regular_10/16/2024 r^ \t i a MINUTES REGULAR COUNCIL MEETING VILLAGE OF TEQUESTA, FL OCTOBER 16, 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. Council Member Brandon attended via Zoom and experienced audio issues at 6.15 PM. INVOCATION AND PLEDGE OF ALLEGIANCE - Vice-Mayor Sartory An invocation was offered followed by the pledge of allegiance. APPROVAL OF AGENDA MOTION: Council Member Painter made a motion to approve the agenda; Vice-Mayor Sartory seconded the motion. Carried unanimously 4-0. PRESENTATION 1. Proclamation Proclaiming October 21 - 27, 2024 as Florida City Government Week The proclamation was not read due to there not being anyone in attendance to accept it. CONSENT AGENDA MOTION: Vice-Mayor Rlck Sartory made a motion to approve the Consent Agenda as presented; Council Member Painter seconded the motion. Carried unanimously 4-0. 2. MINUTES: 9/3/2024 Workshop, 9/5/2024 Special Meeting, 911212024 Special Meeting and 911212024 Regular Council Meeting 3. 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. All County National Pavement Management Solutions, $1,736.00 B. Only Trees, LLC, $5,200.00 C. Florida Green Finance Authority, $0.00 D. PBC Agreement for EMS Grant Funds for Training Kits $5,081.26 4. Consider approval of Special Event application for a Family Fall Festival event on 1012612024 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. 5. Consider approval of special event permit application for a Live Nativity for First Presbyterian Church of Tequesta. The event will take place on 1211512024 from 5:00 P.M. - 6:00 PM at 482 Tequesta Dr. 6. Consider approval of special event permit application for an an outdoor Trunk or Treat event on 1012612024 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. 7. Consider Approval of Holtz Engineering Work Authorization 15 for State Revolving Fund (SRF) Construction Administration Assistance for the Water Treatment Plant (WTP) Upgrades in the Amount of$59,370 END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Elizabeth Lalur, 104 Del Sol Circle, opposed re-zoning Villa Belagio should that ever come to Council. COMMUNICATIONS FROM COUNCIL Council Member French expressed his enthusiasm for the Florida League of Cities Municipal Operations Committee and provided a brief recap of the items the committee planned to advocate for this year. Vice-Mayor Sartory detailed his involvement with the Florida League of Cities National Resources Utilities and Public Works Committee and was happy to see the Village so well represented at the State level. Mayor Young highlighted her role as the Vice-Chair of the Finance and Taxation Committee with the Florida League of Cities, providing a recap of their priorities for the up-coming State Legislative session. STANDING REPORTS Village Attorney Village Manager 8. Village Manager Standing Report Village Manager Jeremy Allen provided a recap of the City Government week event held with local schools, announced early voting in the Council Chambers from October 21-Nov 3rd, the Country Club milling and paving was complete with the next phase starting in January 2025, the certification received by the Village for not having copper lines, and his gratitude to staff during the Hurricane Milton. He concluded by explaining state level discussions with the Federal Emergency Management Agency (FEMA) regarding damage in the area being Hurricane or Tornado related and how that could impact Village reimbursements. Police Department 9. Police Department's Monthly Standing Report Chief Medina highlighted National Night, the Explorers program, the promotion of Kurt Blanc to Lieutenant, and the $30,000 grant for traffic enforcement and safety that was awarded to the department through the Florida Department of Transportation (FDOT). Fire Department 10. Fire Department Report Chief Trube detailed the MDA (Muscular Dystrophy Association) boot drive, the 9/11 ceremony, trainings, and the badge pinning ceremony of the last two department members who were on probation. He announced upcoming fire trainings with Palm Beach County, the November Chili Cook-Off, and a visit with Martin County to see their Hurricane POD (points of distribution) operation. UTILITIES 11. Utilities Department Update Utilities Director Marjorie Craig announced the completion of inventories, all documents were submitted to the Department of Environmental Protection (DEP) for the vulnerability assessment, reimbursements grants were submitted, the Dover ditch project was pending the Florida Fish and Wildlife Conservation (FWC) permit, the receival of the State Revolving Funds loan for the Water Treatment Plant, and the completion of the water main 4 project. REGULAR AGENDA OLD BUSINESS 12. ORDINANCE NO. 01-24, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. 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," "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, 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. 78-203 "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. Village Attorney Amity Barnard read the title into the record. Community Development Director Jay Hubsch pointed out a strike out that was missed regarding the dwelling unit in the waiver code and recommended striking the underlined definition of dwelling unit on page 4 and 5 of the Ordinance. Citizen Comments: Anne Minor, 478 Dover Road, asked for clarification on payments in lieu of open space. Mr. Hubsch provided more detail. MOTION: Council Member French made a motion to approve Ordinance 01-24 with the definition of dwelling unit stricken from the last sentence on the bottom of page 4, top of page 5; Council Member Painter seconded the motion. Carried unanimously 5-0. 13. ORDINANCE 02-24, SECOND 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. Village Attorney Amity Barnard read the title into the record. The ordinance codified the zoning overlays within the Village of Tequesta Zoning Maps. MOTION: Council Member Sartory made a motion to approve Ordinance 02-24; Council Member French seconded the motion. Carried unanimously 5-0. NEW BUSINESS 14. Consider Approval of a Memorandum of Understanding with Jupiter Inlet Narrows Conservation Alliance, Inc to Partner on the Florida Department of Environmental Protection's Coastal Partnership Initiative Grant Program Mr. Hubsch provided background information to Council detailing the request by Jupiter Narrows to partner with the Village in their attempt to secure a DEP Coastal Partnership Initiative Grant. The Village would partner in name only to help acquire the grant while Jupiter Narrows would provide all funding and grant writing. Manager Allen detailed how the grant funding donation process would be managed, if awarded. MOTION: Council Member Painter made a motion to approve the MOU with Jupiter Inlet Narrows Conservation Alliance for the FDEP grant program; Council Member French seconded the motion. Carried unanimously 5-0. 15. Approve the 2024-2027 VOT/IAFF Collective Bargaining Agreement Human Resources and Risk Management Director Merlene Reid provided a recap of the negotiation process and highlighted the pay plan. She explained the increases for the contract years of 2024-2027 and the 3% step increase annually over the 3 years brining the increase to 14% the first year, 8% the second year, and 8% the third year. She explained the changes to the career development plan which was linked to training and how skills would be maintained without it. She concluded with announcing the two reopeners for negotiation which were the pension reopener in 2026 and a substance abuse reopener should recreational marijuana become legalized. Manager Allen noted a $261,000 budget amendment would be needed and that the agreement took effect retroactively on October 11, 2024. Citizen Comments: • Lieutenant Jason Fawcett thanked everyone for working together. MOTION: Council Member Painter made a motion to approve the 2024-2027 VOT/IAFF collective bargaining agreement with the retro active date of October 11, 2024; Council Member French seconded the motion. Carried unanimously 5-0. 16. ORDINANCE 08-24, FIRST READING, AN ORDINANCE OF THE VILLAGE 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 /N FAVOR OF PROMOTING LIVING SHORELINES, AND REGULATE THE USE OF FILL WATERINARD OF ADJACENT PROPERTY LINES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 76. WATERWAY CONTROL SHALL REMAIN /N 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. Village Attorney Amity Barnard read the title into the record, this was first reading. Council Member Laurie Brandon left the meeting at 7:27 PM. Mr. Hubsch provided Council with a power point presentation detailing the history of living shorelines, codes, and benefits. He explained that the code would be needed for repairs, rebuilds, or new bulkheads. The proposed code was similar to both Jupiter and North Palm Beach. He further reviewed issues with hardening the shoreline, establishing seawalls and bulkead setbacks, establishing heights, compatibility between properties, creating living shorelines, revetments, and the fill permit process. Mr. Hubsch reviewed the LPA recommendations including modifying the one year of monitoring to two 6 month extensions, clarifying the definition of disturbed shoreline, ensuring the total cost of repairs estimate for bulkeads was based on linear feet, and adding a provision in the fill permit section for emergency fill in the event of a storm. Council Comments: • Council Member French was hesitant to involve more government restriction on properties. • Council was concerned with staff availability and work load if the one year monitoring was split into two 6 month periods. Council agreed to leave the monitoring at one year. • Council discussed the details including industry standard costs for all materials being considered, adding a third party opinion with cost to be covered by the homeowners, and lengthy discussions on zoning, variances, and details of the ordinance. Citizen Comments: • Jessica Namath, 20 Shady Lane, thought Council should be excited for this ordinance and explained how living shorelines were more efficient. • Anne Minor, 478 Dover Road, inquired on how old the data was. Mr. Hubsch explained the sea level data was from 2019 and projected out to 2060 or 2070. • Scott Tedford, 134 Chapel Lane, was a biologist with the Florida State Parks and commended the Village as this was extremely important for storm resilience and it was worthwhile to adopt. MOTION: Council Member Painter made a motion to approve Ordinance 08-24 leaving the monitoring period at one year, clarifying the definition of disturbed shoreline, clarifying the third party opinion, including a variety of bulkead types in the repairs estimate charts, and revising the fill permit section to default emergency repairs approvals to DEP and Army Corps of Engineers; Council Member Sartory seconded the motion. Carried 3-1 (opposed: Council Member French) (absent: Council Member Brandon). 17. ORDINANCE NO. 10-24: AN ORDINANCE OF THE VILLAGE OF 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. Village Attorney Amity Barnard read the title into record, this was first reading. Council Member French left the room at 7:35 PM. Finance Director Jeff Snyder explained the migration to new budget software brought awareness to the lack of a defined benefits plan for Chiefs. This ordinance established that and would provide a great retention tool for the Village. MOTION: Council Member Painter made a motion to approve Ordinance 10-24; Council Member Sartory seconded the motion. Carried unanimously 3-0 (absent: Council Member Brandon and Council Member French). 18. Consider Approval of Odyssey Manufacturing Company Piggyback on Marion County Renewal for Purchase of Bulk 12.5% Sodium Hypochlorite (Bleach) Budgeted for$128,700 Council Member French returned at 7:36 PM. MOTION: Council Member Painter made a motion to approve the Odyssey Manufacturing piggyback agreement for sodium hypochlorite; Council Member French seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 19. RESOLUTION NO. 20-24, A RESOLUTION OF THE VILLAGE COUNCIL OF 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 MOTION: Council Member French made a motion to approve Resolution 20-24; Council Member Painter seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 20. RESOLUTION NO. 21-24, A RESOLUTION OF THE VILLAGE COUNCIL OF THE ADD 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. MOTION: Council Member Painter made a motion to approve Resolution 21-24; Council Member French seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). 21. ORDINANCE NO. 10-24, SECOND READING: AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2, DMINISTRATION, 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. This was a ministerial item for Hurricane Milton's Emergency Declaration. MOTION: Council Member Painter made a motion to approve Ordinance 10-24; Council Member French seconded the motion. Carried unanimously 4-0 (absent: Council Member Brandon). ANY OTHER MATTERS Vice-Mayor Sartory inquired on the workshop for open space waivers and building height allowances for architectural features. Staff was working on these and would try to have it ready for the November workshop. ADJOURNMENT The meeting was adjourned at 7:42 PM. MOTION: Council Member French made a motion to adjourn the meeting; Council Member Painter seconded the motion. Carried unanimously 5-0. Res ctfully 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.