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Home My WebLink AboutAgenda_Regular_10/10/2013 VILLAGE OF TEQUESTA i ,�,, � REGULAR COUNCIL MEETING Tequesta Village Hall �`-'� "� Thursday, October 10, 2013 345 Tequesta Drive `�'�, 6:00 p.m. Mayor Abby Brennan Vice-Mayor Vince Arena Council Member Steve Okun Council Member Tom Paterno Council Member Frank D'Ambra CALL TO ORDER ROLL CALL INVOCATION AND PLEDGE OF ALLEGIANCE — Council Member D'Ambra APPROVALOFAGENDA PROCLAMATIONS/PRESENTATIONS 1. Lighthouse Center for the Arts Presentation — Katie Deits, Executive Director [Tab 1 No Backup - Presentation] CONSENT AGENDA 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. M!!�lJTES — Q!12/13 Budget Nearirg, 9/�2;13 pegu{�r, 9l19/13 Sudg�t Hearing and 9/19/13 Special - Village Clerk McWilliams [TAB 2] 3. Approval of Contracts Signed by Manager under $25,000 — Village Manager Couzzo (TAB 3] a. CVDS/ComLog Service Agreement Contract-Technical and Maintenance Services. 4. RESOLUTION 31-13, ADOPTING A REVISED SCHEDULE OF FEES AND CHARGES FOR THE PROVISION OF WATER SERVICES RENDERED BY THE VILLAGE OF TEQUESTA FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC; REPEALING RESOLUTION NO. 21-12— JoAnn Forsythe [TAB 4] 5. RESOLUTION 32-13, APPROVING A TAX EXEMPT LEASE PURCHASE AGREEMENT WITH FIRST CAPITAL EQUIPMENT LEASING CORPORATION FOR THE PURCHASE ONE NEW PUMPER TRUCK IN THE AMOUNT OF $432,843.54 AT AN ANNUAL INTEREST RATE OF 2.394% TO BE FINANCED OVER TEN (10) YEARS WITH TERMS DEFINED IN THE ATTACHED EXHIBIT "A" — JoAnn Forsythe Agenda — Regular Council Meeting 10/10/13 Page 2 [TAB 5] 6. RESOLUTION 33-13, APPROVING A ONE TIME PERFORMANCE BASED RECOGNITION COMPENSATION AMOUNT FOR THE VILLAGE MANAGER FOR FISCAL YEAR 12/13 IN ACCORDANCE WITH SECTION 4. OF THE SECOND EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED AUGUST 5, 2010— Mayor Brennan [TAB 6] 7. RESOLUTION 30-13, APPROVAL TO CONTINUE USE OF CITIZENSERVE SOFTWARE LAND MANAGEMENT SUITE — Brad Gomberg, IT Manager [TAB 7] 8. Approve Sheehan Turf Care, Inc. to Maintain the Kiwanis Park Ball Fields for a Period of One Year Effective October 1, 2013 through September 30, 2014 — Village Manager Couzzo [TAB 8] 9. Council Approval of Budget Amendments for FY 2012-2013 — Joanne Forsythe, Finance Director [TAB 9] 10. Council Approval of Contract for Debris Removal and Disaster Recovery Services with Phillips and Jordan — Piggybacked from the SWA Contract — 8/21/13 through 8/20/2016 — Village Manager Couzzo [TAB 10] 11. RESOLUTION 34-13, APPROPRIATING FUNDS IN THE AMOUNT OF $30,000 FOR CODE ENFORCEMENT TO COVER THE COST OF AN ABATEMENT ACTION FOR WHICH THE VILLAGE RECEIVED AUTHORIZATION TO PROCEED FROM THE SPECIAL MAGISTRATE — Village Manager Couzzo [TAB 11 ] END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Public comments / communications from citizens are limited to 3(three) minutes. Anyone wishing to address Council should comptete 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- 13 regarding public participation. COMMUNICATIONS FROM COUNCIL � ,�,,.,r�, �) Agenda — Regular Council Meeting 10/10/13 Page 3 REGULAR AGENDA OLD BUSINESS 12. ORDINANCE NO. 29-13, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 66. SUBDIVISIONS, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY AND CONSISTENCY WITH THE VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO UPDATE CERTAIN REFERENCES TO LOCAL PERMITTING AGENCIES, AND TO REPEAL THE FAIR SHARE FEE FOR PUBLIC SITES WHICH HAS BEEN MADE OBSOLETE BY CURRENT PARKS AND RECREATION IMPACT FEES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 66. 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 —(First Reading 9/12/13) - Village Attorney Davis [TAB 12] 13. ORDINANCE NO. 32-13. SECOND READING, AMENDING CHAPTER 78. ZONING. ARTICLE II. CHANGES AND AMENDMENTS. TO REVISE THE ZONING CODE AMENDMENT PROCESS AND REQUIREMENTS FOR A MORATORIUM; AND ARTICLE III. APPEALS AND VARIANCES. TO CLARIFY THE COMPOSITION OF THE BOARD OF ADJUSTMENT AND THE USE OF ALTERNATE MEMBERS; TO REVISE THE RE-ORGANIZATION PROCESS FOR THE BOARD OF ADJUSTMENT; TO REVISE NOTICE REQUIREMENTS FOR THE APPEAL PROCESS; TO PROVIDE REQUIREMENTS FOR THE IMPOSITION OF VARIANCE CONDITIONS OF APPROVAL; AND TO UPDATE FILING FEE REQUIREMENTS -(First Reading 9/12/13) - Village Attorney Davis [TAB 13] 14. ORDINANCE NO. 33-13, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SECTIONS 78-224, 78-225, 78-255, 78-393, 78-399, 78- 513, 78-519, 78-525 AND 78-585 TO PROVIDE FOR INTERNAL CONSISTENCY, PROPER INTRA-CODE CROSS REFERENCING AND PROPER REFERENCE TO CURRENT STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION 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 -(First Reading 9/12/13) - Village Attorney Davis [TAB 14] 15. ORDINANCE 35-13. SECOND READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT, BY AMENDING SECTION 22-55. PROCEDURE. TO STATE THAT THE IMPOSITION OF CONDITIONS OF APPROVAL MUST BE RELATED TO THE PROPOSED �� ,�,,.;�„ �� Agenda — Regular Council Meeting 10/10/13 Page 4 DEVELOPMENT AND SHALL BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH A RECENT OPINION OF THE UNITED STATES SUPREME COURT —(First Reading 9/12/13) - Village Attorney Davis [TAB 15] 16. ORDINANCE 36-13, SECOND READING, AMENDING CHAPTER 2. ADMINISTRATION. ARTICLE IV. CODE ENFORCEMENT. DIVISION 3. ENFORCEMENT PROCEDURE. BY AMENDING SECTION 2-191. NOTICES. IN CONFORMANCE WITH RECENT AMENDMENTS TO STATE LAW AS SET FORTH IN SEC. 162.12, FLORIDA STATUTES —(First Reading 9/12/13) - Village Attorney Davis [TAB 16] 17. ORDINANCE 37-13, SECOND READING, AMENDING CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. AT DIVISION 1. GENERALLY. BY CREATING AN ENTIRELY NEW SEC. 78-305. MAILBOXES. TO ESTABLISH REGULATIONS REGARDING CURBSIDE MAILBOX PLACEMENT AND DESIGN; AND BY CREATING AN ENTIRELY NEW SEC. 78-306. STORM PANELS, SHUTTERS. TO ESTABLISH REGULATIONS REGARDING THE USE OF STORM SHUTTERS —(First Reading 9/12/13) - Village Attorney Davis [TAB 17] NEW BUSINESS 18. SPR 07-13, SITE PLAN REVIEW, APPLICATION OF HANNAH'S HOME OF SOUTH FLORIDA, INC. FOR A MASTER SITE PLAN TO CONSTRUCT A BOARDING SCHOOL. THE APPLICATION INCLUDES DEVELOPMENT PHASES AND A PROPOSED LANDSCAPE PLAN. THE ADDRESS OF THE PROPOSED MASTER SITE PLAN IS 4390 COUNTY LINE ROAD, TEQUESTA, FL. — Nilsa Zacarias, Community Development Director [TAB 18] 19. ORDINANCE 27-13, FIRST READING, AMENDING CHAPTER 78. ZONING. AT ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 8. GARAGE SALES AND OTHER OUTDOOR SALES, BY AMENDING THE TITLE OF DIVISION 8 AND SECTIONS 78-551 THROUGH 78-554 TO CLARIFY AND REVISE EXISTING REGULATIONS REGARDING THESE ACTIVITIES, AND BY CREATING AN ENTIRELY NEW SECTION 78-561. SPECIAL EVENT PERMITS, TO PROVIDE REGULATIONS AND APPLICATION REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS WITHIN THE VILLAGE - Village Attorney Davis [TAB 19] 20. ORDINANCE 30-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 63. ARTICLE II. RIGHT-OF-WAY REGULATIONS, TO RE-NAME THIS ARTICLE AS "PLACEMENT AND MAINTENANCE OF FACILITIES FOR COMMUNICATIONS SERVICES IN RIGHTS-OF-WAY"; TO UPDATE AND ADD � ,�,,, r., �� Agenda — Regular Council Meeting 10/10/13 Page 5 CERTAIN DEFINITIONS IN COMPLIANCE WITH FEDERAL AND FLORIDA LAW; TO RECOGNIZE WIRELESS COMMUNICATIONS FACILITIES THAT MAY BE PLACED IN RIGHTS OF WAY; TO PROVIDE NEW AESTHETIC REQUIREMENTS AND PUBLIC HEARING REQUIREMENTS FOR PLACEMENT OF CERTAIN FACILITIES IN RIGHTS-OF-WAY; TO RECOGNIZE PASS-THROUGH TELECOMMUNICATIONS PROVIDERS AS SEPARATE AND DISTINCT FROM TELECOMMUNICATIONS DEALERS, AND TO PROVIDE FOR THE COLLECTION OF PASS-THROUGH PROVIDER FEES IN ACCORDANCE WITH STATE LAW - Village Attorney Davis [TAB 20] 21. ORDINANCE 31-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 5. WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS. BY AMENDING THIS DIVISION TO CLARIFY THAT THIS DIVISION DOES NOT APPLY TO THE PLACEMENT OF ANY UTILITY OR TELECOMMUNICATIONS FACILITY IN THE RIGHTS-OF-WAY LOCATED IN THE VILLAGE, AND BY ADDING CERTAIN DEFINITIONS - Village Attorney Davis [TAB 21] 22. ORDINANCE 38-13, FIRST READING, AMENDING CHAPTER 78. ZONING. ART. X. OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS. BY PROVIDING NEW PARKING REGULATIONS FOR VETERINARY OFFICE USES, BY ADDING REGULATIONS REGARDING PARKING LOT TRAFFIC CALMING DEVICES AND INTERNAL SIGNAGE, AND REGARDING OFF-STREET YARD AREA PARKING SPACES; FURTHER REVISING CERTAIN PARKING SPACE, LOADING AREA AND DRIVE AISLE PARKING REQUIREMENTS, AND BY PROVIDING FOR INTERNAL CONSISTENCY AND UPDATED GRAPHICS; FURTHER AMENDING CHAPTER 78. ZONING. BY REPEALING ARTICLE IX. SUPPLEMENTAL REGULATIONS, DIVISION 11, PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES ON PRIVATE LOTS - Village Attorney Davis [TAB 22] 23. ORDINANCE 39-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 4. LANDSCAPING. BY AMENDING THIS DIVISION TO UPDATE CERTAIN "FLORIDA FRIENDLY LANDSCAPING" REQUIREMENTS THROUGHOUT THE VILLAGE, TO CLARIFY THE APPLICATION OF SUCH REGULATIONS TO NEW CONSTRUCTION AND CERTAIN RE-DEVELOPMENT; TO UPDATE CODE GRAPHICS AND PROVIDE FOR INTERNAL CONSISTENCY - � ,�,,,,;��, °!t Agenda — Regular Council Meeting 10/10/13 Page 6 Village Attorney Davis [TAB 23] 24. ORDINANCE 41-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC, AT ARTICLE III. PARKING, STOPPING OR STANDING, BY CREATING AN ENTIRELY NEW DIVISION 2. TO BE ENTITLED "PARKING OF COMMERCIAL VEHICLES, TRUCKS AND RECREATIONAL VEHICLES"; RELOCATING AND UPDATING SAID REGULATIONS FROM CHAPTER 78 ARTICLE IX, DIVISION 11; AND ALSO RELOCATING AND UPDATING RELEVANT DEFINITIONS FROM CHAPTER 78 ARTICLE I- Village Attorney Davis [TAB 24] 25. ORDINANCE 42-13, FIRST READING, AMENDING CHAPTER 78. ZONING. ARTICLE IX SUPPLEMENTAL REGULATIONS AT DIVISION 2. SITE PLAN REVIEW, TO PROVIDE FOR INTERNAL CONSISTENCY, TO UPDATE THE LIST OF OUTSIDE REGULATORY AGENCIES, TO BRING LEVEL OF SERVICE STANDARDS INTO CONFORMANCE WITH THE VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO PROVIDE FOR THE VILLAGE'S DEVELOPMENT REVIEW COMMITTEE, TO PROVIDE FOR AN OPTIONAL CONCEPTUAL PRE- REVIEW PROCESS AND TO UPDATE CERTAIN APPLICATION REQUIREMENTS INCLUDING REQUIREMENTS FOR THE IMPOSITION OF CONDITIONS OF APPROVAL; AND AT DIVISION 3. SPECIAL EXCEPTION USES, SECTION 78-365, TO SPECIFY THAT CONDITIONS OF APPROVAL ASSOCIATED WITH THE GRANTING OF A SPECIAL EXCEPTION MUST BE RELATED TO THE PROPOSED DEVELOPMENT AND BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH RECENT RULINGS BY THE UNITED STATES SUPREME COURT; AND AT SECTION 78-369, TO UPDATE OPTIONAL SPECIAL EXCEPTION USE PRE-APPLICATION REVIEW PROCESS SUBMITTAL REQUIREMENTS - Village Attorney Davis [TAB 25] 26. ORDINANCE 44-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS, BY PROVIDING ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF THIS CHAPTER CONSISTENT WITH MAXIMUM PENALTIES ALLOWED BY STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. - Village Attorney Davis [TAB 26] STANDING REPORTS • Villaqe Attornev � ,�,,,�r„ �l% Agenda — Regular Council Meeting 10/10/13 Page 7 • Villaqe Manaqer ANY OTHER MATTERS ADJOURNMENT �** 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 25-13 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. NOTE: Disab/ed persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village C/erk's Office at 768-0440 at least three working days before this meeting. Hearing impaired persons please note wire/ess hearing system receivers are available by requesting the same from the Village C/erk. SCHEDULE OF MEETINGS AND EVENTS 345 Tequesta Drive unless ofherwise indicated Date Meeting Type Time Monday, November 4, 2013 Workshop 6:00 p.m. Thursday, November 14, 2013 Regular Meeting 6:00 p.m. � ,�,,.r�, ��