Regular Council - Oct 16 2024

Regular Council - Oct 16 2024. Location: Council Chambers. Time: 06:00 PM. Agenda: Regular Council - Oct 16 2024 - Agenda - Html 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 CALL TO ORDER AND ROLL CALL INVOCATION AND PLEDGE OF ALLEGIANCE - VICE-MAYOR SARTORY APPROVAL OF AGENDA PRESENTATION 1. Proclamation Proclaiming October 21 - 27, 2024 as Florida City Government Week Presenter: Mayor Molly Young Agenda Memo #24-323 - Pdf 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. REV MINUTES: 9/3/2024 Workshop, 9/5/2024 Special Meeting, 9/12/2024 Special Meeting and 9/12/2024 Regular Council Meeting 9-3-24_Workshop 9-5-24 Special 9-12-24 Special 9-12-24 Regular 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 Presenter: Jeremy Allen, Village Manager Agenda Memo #24-335 - Pdf 4. Consider approval of Special Event application for a Family Fall Festival event 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 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 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 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 CONSENT AGENDA 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. Rules of Decorum COMMUNICATIONS FROM COUNCIL STANDING REPORTS VILLAGE ATTORNEY VILLAGE MANAGER 8. Village Manager Standing Report Presenter: Jeremy Allen, Village Manager Agenda Memo #24-341 - Pdf POLICE DEPARTMENT 9. Police Department's Monthly Standing Report Presenter: Gus Medina, Police Chief Agenda Memo #24-338 - Pdf FIRE DEPARTMENT 10. Fire Department Report Presenter: James Trube, Fire Chief Agenda Memo #24-336 - Pdf UTILITIES 11. Utilities Department Update 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 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,” “FAÇADE 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, FAÇADE, 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, FAÇADE, 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, FAÇADE, 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. Presenter: Jay Hubsch Agenda Memo #24-318 - Pdf 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. Presenter: Jay Hubsch Agenda Memo #24-319 - Pdf 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 Presenter: Jay Hubsch Agenda Memo #24-329 - Pdf 15. REV Approve the 2024-2027 VOT/IAFF Collective Bargaining Agreement Presenter: Merlene Reid, Director, HR & Risk Management Agenda Memo #24-321 - Pdf 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 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. Presenter: Jay Hubsch Agenda Memo #24-269 - Pdf 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. Presenter: Jeffery Snyder, Finance Director Agenda Memo #24-328 - Pdf 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 Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-330 - Pdf 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 Presenter: Marjorie Craig, Utilities Director Agenda Memo #24-340 - Pdf 20. ADD RESOLUTION NO. 21-24, A RESOLUTION OF THE VILLAGE COUNCIL OF 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. Presenter: Keith Davis, Village Attorney Agenda Memo #24-348 - Pdf ANY OTHER MATTERS ADJOURNMENT 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. Document: Regular Council - Oct 16 2024 - Minutes - Html 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 RIck 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, 9/12/2024 Special Meeting and 9/12/2024 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 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. 5. Consider approval of special event permit application for a Live Nativity for First 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. 6. Consider approval of special event permit application for an an outdoor Trunk 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. 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,” “FAÇADE 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, FAÇADE, 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, FAÇADE, 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, FAÇADE, 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 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. 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. ADD RESOLUTION NO. 21-24, A RESOLUTION OF THE VILLAGE COUNCIL OF 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. 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. 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.