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HomeMy WebLinkAboutMinutes_Regular_12/11/1973riINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The first regular monthly meeting of the :ouncilmen of the Village of Tequesta was held at 7:30 P.M., December 11, 1973 at the Village Hall. Councilmen present were Messrs: Russell, Frank, Leone, Little and Shay. Also present were Robert Harp, Village Nfanager, Christopher H. Cook, Village Attorney, Police Chief Henry M. Dusenbery, Gary Preston, Recreation Director and Charles R. Jonas, Village Clerk, The meeting was opened with Prayer and. the Pledge of Allegiance to the Flag by Mayor Russell, Upon motion by Leone, seconded by Frank and unanimously passed.., the minutes of the November 27, 1973 regular Council meeting were approved. The minutes of the November 30, 1973 Public Hearing and the November 30, 1973 Special Council meeting were also approved. Mrs. Frances Kennedy representing Tequesta Girl Scout Troop ~4 said that the Troop desired to make a presentation to Mayor Russell for his interest and public service to the community, • She was accompanied by Caryn Cooper, Debbie Piersat and Libby Kennedy, who administered to Mayor Russell the Girl Scout Oath. They pinned.. on his Girl Scout pin upside down, to be eaorn this way until he does a good deed, also presented him ~~7ith a booklet sho~T- ing various good. deeds to perfom~. Mayor Russell then spoke of the embarrassment caused the Village and. Police Chief Henry Dusenbery due to the Christmas tree sales in Tequesta and stated he hoped that no businessman had planned such a spectacle. He continued by saying that everyone was notified by letter on October 2, 1973 and no one came before Council to ask any questions about the Ordinance or for special exceptions to Ordinance 211, which states "All business and services shall be conducted wholly within a completely enclosed building except for off-street loading, automobile parking and filling stations". Mr, Robert F, Holsten, President of the Jupiter-Tequesta Kiwanis Club, stated that they regretted any embarrassment caused the Village or Police Chief Dusenbery. They had been selling the Christmas trees for several years and thought the Ordinance did not include them and stated that the band students and Girl Scouts were selling candies and cookies and asked if that was also a violation. Dr. J. Orr, Principal of the Jupiter High School, also asked if selling candy on the streets was a violation of Ordinance 211. 27 12-11-73 - 2 Village Attorney, Christopher Cook, stated as the Ordinance stands, it is a violation, but an amenc~-ent to the Ordinance to allow charitable organizations to sell or solicit with a permit issued by the Village Manager stating dates and persons, involved was possible. Mr, Spindler stated that if Mr. Harp sent out letters, the Village was not to blame. Mr. Darcey stated "he who makes, can also break". Motion by Frank, seconded by Leone and unanimously passed to have a Public Hearing on January 3, 1974 at 7:30 P.M., at the Village Hall for revision of Ordinance 211, Section 13.4 (1) and 14.4 (1) to allow charitable organizations or non-profit corporations, who may, upon application to the Village Manager, be granted a permit to conduct a temporary business outdoors. A sworn statement showing names of organizations, purpose, the amount of commission, length of time and names of persons engaged in the business must be submitted. r[otion by Frank, seconded by Shay and unanimously passed that a Special Council meeting for first reading of the amendment to Ordinance 211, Section 13.4 (1) and 14.4 (1) be held immediately following the Public Hearing held at 7:30 P.M. on January 3, 1974 at the Village Hall. • Councilman Leone, Chairman of the Water Committee advised that a Preliminary Report on the water supply, treatment and distri- bution facilities for the Village of Tequesta had been received from the Water Department Consulting Engineers. He advised that due to illness, Mr. A, B. DeWolf, our Water Department Consulting Engineer, was unable to be present to present the report, and he would hit the high spots at this time and any questions can be answered on January 8, 1974 when Mr. DeWolf would be present. Councilman Leone stated this was quite an extensive report and it would be in the Administrative Office if anyone would like to study it, Members of the Water Committee present were: Messrs: Leone, Chairman, Mr. Harp, Village Manager, lair. Edwin Barnes, an interested citizen, Mr. Edward. Walker of Gee ~ Jenson and Mr. L, Land, U.S.G.S. The report covers Water Resources, Water Production Facility, Water Treatment, Distribution and Storage, Financing, Conclusion and Recommendations, Suggested program -for Water Department Improvements and Modifications. The report stated that if and when the Martin County Little Club got their own water system (hopefully in January 1974) there would be approximately 126 taps to service single family dwellings, releasing two million (2,000,000) gallons of water per month, and if there aren~t enough taps to go around, the wells being installed in Tequesta Park can relieve more water taps. • 28 12-11-73 - 3 Mr. Harp reported that he sent a letter to Kimley--Horn Associates, Inc. reporting all accidents on Tequesta Drive between U.S, Highway No. 1 and the F.E.C. Railroad for 1972 and 1973 in conjunction ~~~ith the traffic study: wrote a letter to Lighthouse Gallery advising of the Village Councils approval of the temporary banner for the Art Festival in Tequesta Park December 8 and 9, 1973. Mr. Harp also sent a letter to the Florida League of Cities request- ing copies of the Florida Water Resources Act of 1972; wrote a letter to the owners of the lot located at the west end of Tequesta Plaza advising them to clean it up, also a letter to Karl A, Kandell and Mr, Kenneth Ferrari inquiring as to the status of the bridge and. road improvements on County Line Road. He also submitted to Mr. Meeks, Brockway, Owen ~ Anderson, the name of a contractor for construction of Beacon Street improvements, but the firni was not licensed in Palm Beach County, He also sent the Villages contri- bution of $300.00 to Jupiter-Tequesta Jaycees for the Annual Christmas Parade; also sent Ivir. Edward T. Walker of Gee ~ Jenson, copies of a Water Department daily operation sheet for 1971-1972-1973; he reported most of the sign violations have been resolved.; he attended a meeting of the Central & Southern Florida Flood Control District on December 5, 1973. The Village Hall will be closed Monday and Tuesday, December 24 and 25, also on December 31, 1973 and January 1, 1974. • The U,S, Geological Survey received federal funds to pay one half of the $17,000.00 for the water study for the period October 1, 1973 to September 30, 1974, The Village portion will now be $8,500.00. Sheriff William R, Heidtman will be on the agenda for the December 18, 1973 Council Meeting to discuss the Regional Communica- tions Plan, The Tax Assessors Office personnel will accept applications for Homestead Exemptions from 9:00 A.M. to 4:30 P,M. on January 31, 1974 and February 1, 1974 at the Village Hall. Councilman Frank asked the Village Attorney about the Ordinance to prohibit dumping of trash, garbage and tree trimmings in front of vacant lots on Tequesta Drive and was informed that the work has not been done at this time. Councilman Little stated Tequesta Parlc was immensely enjoyed on December 8 and 9 ~~~hen the Lighthouse Gallery had their Annual Art Festival and everyone was pleased ~ri.th the Park and ~s~anted assurance that the natural status of the Park would be protected. He also advised that the Community School Program for the Jupiter-Tequesta area has been approved, • 29 12-11-73 - 4 Mayor Russell asked about Rules and Regulations for Tequesta Park and also about the bronze plaque to be placed in the Park in honor of the Ki~~~anis Club. He also inquired about the lot next to the Village Hall and recoinnended Mr. Little and Air. Preston ~,*ork on the loth appearance. Mr. Shay reported Palm Beach County thoroughfare plans to widen roads in and around Tequesta, Some twelve roads are slated to be worked on and. finished by 1990 and recommended that the Council pass an ordinance to reserve the right of way of 108 feet for Old Dixie Highway within the Village and to prohibit any building in the area, A chart will be given to Council and the Loxahatchee River Environmental Control District charting all roads to be improved. Mr. Butterfield reported on Flood. Insurance stating Title 2~, Federal Insurance Administration Department of Housing and Urban Development needs at least ten items including elevation of new construction, also elevation of sewer, water lines, electric trans- formers, etc,, number of people and houses and the most important is an ordinance required relating to land usage and management plan and a. detailed. map for HUD. Mayor Russell reconsnended that Mr. Cook and Mr. Harp get • together and work on the ordinance needed by HUD and to get the Flood Insurance started as soon as possible. Mayor Russell then read a letter from Boynton Beach and asked Mr. Harp to check with Palm Beach County Municipal League, re: comprehensive land-use bill. He read a resolution from Boynton Beach concerning availability of chlorine for municipalities. Atotion was made by Leone, seconded by Shay and unanimously passed that a resolution for use of chlorine be written and considered at the next meeting, Mayor Russell then read a letter from the Home Builders and Contractors Association of Palm Beach County stating if the moratorium isn't lifted within thirty (30) days they would sue. Mayor Russell reconnnended. with the Councils unanimous approval that Air. Harp write a letter stating the Village regrets that the moratorium cannot be lifted at this time. Mayor Russell then read. a letter from Attorney William S. 1^1ood, stating that the same fine. of Winters, Brackett, Lord ~ Held not only represented Air. Offutt but Mr, Cook, a member of the fi nn is also the Village Attorney and he (Mr. ~~lood) strenuously objected to any further representation of Mr; Cook for the Village zoning and any opinion rendered on re-zoning of the Kari Kandell Associates, Inc. • 30 12-11-73 - 5 Mr. Cook stated that he would be glad to obtain other legal opinions if the Council deemed it necessary but as far as he was concerned there is no conf lict of interest, that all he does is render legal opinions on matters before the Village but if Council felt it was best to obtain other legal counsel there ~rould be no hard feelings on his part. Motion by Leone, seconded, by Frank and unanimously passed that dlr. Cook remain as Village Attorney for all legal-opinions needed by the Village in regard to the Karl A. Kandell Associates, Inc. applications. Mayer Russell asked. Councilman Little and Shay about their suggestions to purchase the land from Karl A. Kandell Assoc - iates, Inc. Councilman Little stated that a possible golf course, water holding area, water plant, wells, well fields, etc.-can be built. This land should be bought and used by the Village and a bond. issue could pay for same. Councilman Shay wondered why this wasn't thought of years ago, the objection ~,~as cost. Mr. Cook stated that if the Village had any thought of buying this land, to do it while it was R-1 because if zoned R-2, the price would be much greater. He also stated that a municipality cannot go into the business of buying • land and selling it to developers. Motion by Little, seconded by Frank. and unanimously passed that all places in the Village of Tequesta selling intox- icating beverages be able to remain open until 5:00 A.M. on New Years Dap, January 1, 1974. Motion by Leone, seconded by Little and passed 4-1 with Councilman Frank requesting not to vote, that the annual distri- bution for the Village employees Christmas fund be approved. Village $590.25, Water Department $92.00. Mayor Russell read a letter from Mr. Cook re: parking provisions of the new zoning code, and stated that Mr. Cooks opinion was to eliminate the parking regulations from Ordinance 211 and have a special ordinance for parking only. Mr. Cook stated that the harking has nothing to do with the Zoning Ordinance and does not fall under the Building Inspectors jurisdiction, but deals directly with the Chief of Police. There was no motion at this time so the matter was tabled for further study and review by the Councilmen. Mr. Cook stated that he felt that all cost, including ]_ega]_ fees for petitions should be passed on to the petitioner and the Village should not stand the cost but this would have to be part of an ordinance before this can be done. 31 12-11-73 - 6 Mr. Darcey stated that the Tequesta Voters Association could not see why Mr. Kandell, Karl A. Kandell Associates, Inc,, asked for re-zoning and did not ask for Planned Development under R-1 and read from Ordinance 211, page 23, section 12.2 also section 16.7, page 47 and 48 and stated that more would be said on this matter at the December 18, 1973 Special Council meeting at which time the second reading of the ordinances pertaining to Karl A, Kandell Associates, Inc. application would be made. Mr. Cook stated that with the Councils approval he would try again to get the Village boundary changed to include the five (5) parcels of land situated in the center of Tequesta. All owners will have to be notified and the State Legislature will sometimes grant forced annexation. The annexation of these parcels and a portion of Riverside Drive and State Road 707 will be presented to the Legislative Delegation on February 15, 1974. Mr. Cook also advised that all golf carts on the road are in violation of the traffic ordinance and subject to arrest if they do not have license tags or inspection stickers. Also Cable TV wanted to change the franchise to eliminate the cash escrow and provide fora performance bond. A lawsuit is pending from Dorner Developers because the special exception clause to allow three (3) stories in Waterway Beach Condomini~ns was turned down. Mr. Baron asked Mr. Cook if the Solid Waste Committee was violating the Sunshine-Law by not publicizing their meetings and stated that if anyone wanted to be notified he would be willing to call them of dates and places as soon as it was decided. The Committee was to meet in January-anal go to Orlando, Councilman Leone stated the Chamber of Commerce was holding a Coffee at 9:00 A.M., Saturday, December 15, 1973 at the Holiday Inn for the Palm Beach County Association of Retarded Children and anyone wanting to attend to please do so. Also the Water Committee is having afield trip on January 8, 1973, no time is set at present, Afayor Russell inquired as to how many Councilmen were going to ride in the Christmas Parade, Sunday, December 16, 1973. All are participating. Mr. Harp stated that he had received a bid on a new ULV fogging machine, the standard model cost is $1,795,00 and the heavy c!uty model cost is $2,505.00 and he would recommend the heavy duty fogging machine at $2,505.00. This machine does not pro duce any fog. Motion by Frank, seconded by Leone and unanimously passed that A1r. Harp be authorized to purchase the heavy duty fogging machine at $2,505.00 32 Respectfully i 12-11-73 - 7 Tir. Harp then asked for the Council's approval for rir. Nozinan Burg Jr. for t~,relve (12) signs, size one foot-4 inches (1~4") E,ride and eight (8) feet long, all signs to be of same color and lettering. The Sign Co~runittee had approved. Motion by Frank, seconded by Little and unanimously passed, Norman Burg Jr. be advised that a pernlit will be issued for the twelve (12) signs for his commercial building on Cypress Drive. Motion b3T Little, seconded by Shay and unanimously passed that the meeting be adjourned at 11:38 P.ri. 33