HomeMy WebLinkAboutMinutes_Regular_10/09/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF THE
VILLAGE OF TEQUESTA, FLORIDA
The first regular October meeting of the Councilmen of
the Village of Tequesta was held at 7:30 P.~i., Tuesday, October 9,
1973 at the Village Ha11. Councilmen present were Messrs: Russell,
Frank, Leone, Little and Shay. Also present were Robert Harp,
Village Manager, Christopher H. Cook, Village Attorney, Gary Preston,
Recreation Director, Police Chief Henry M, Dusenbery and Charles R.
Jonas, Village Clerk.
The meeting was opened with Prayer and. the Pledge of
Allegiance to the Flag by Councilman Shay.
Upon motion by Leone, seconded by Little and unanimously
passed, the minutes of the Public Hearing of September 24, 1973 were
approved with all verbal changes to be attached to the minutes.
Upon motion by Shay, seconded by Leone and unanimously
passed, the minutes of the Council meeting of September 25, 1973
were approved with all verbal changes to be attached to the minutes.
Upon motion by Leone, seconded by Little and unanimously
passed, the minutes of the Public Hearing held September 27, 1973
were approved with all verbal changes to be attached to the minutes.
Mayor Russell cautioned those in attendance to call
Councilmen by name instead of designated seat nuiubers. Unless
respect is shown to Councilmen he cannot control Council from
retaliating in kind,
Mr. Harp reported. that he notified rir. DeWolf of Gee ~
Jensen Consulting Engineers to proceed with the necessary engineering
study to provide for the compliance with the State Health Department
memorandum of August 22, 1973. rfr. DeWolf, Gee €~ Jensen was
authorized to proceed with plans and specifications for instrumentation
of the wells and the construction of draw-down measuring wells beside
each well.
Pursuant to the last meeting, Mr. Harp stated we have a
signed agreement from Nichols Sanitation beginning on October 1,
1973 of $4.00 per month per residential unit and $4.40 per residential
unit starting on October 1, 1974. He would also like to remind
anyone leaving the Village for one (1) month or longer to notify the
Administrative Office, who in turn will notify Nichols Sanitation
and that account will be deducted from the monthly bill.
Mr. Harp also stated that he and Mr. Preston, the Recreation
Director met ti~th Mrs. Frank Cunningham, who is active in the
Jupiter-Tequesta Junior Citizens, Inc. on September 28, 1973 to
discuss the possibility of leasing their property on Seabrook Road
which includes a large one story building and about five acres. He
stated that the Junior Citizens group was to be reminded that there
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are no funds in the current budget for such a project and the
property could be used for indoor activities of the Recreation Department.
He also discussed Building Permits, stating that this year
391 were issued including 31 houses, totaling $4,210,000. - last year
.411 permits were issued including 53 houses, totaling $4,195,000.,
approximately 22 less housing permits, valuation about the same.
Mr. Harp then stated that Councilman Shay, Councilman
Leone and. himself met with our engineer, Mr. A. Meeks of Brockway,
Owen ~ Anderson and representatives of Palm Beach County Engineers
Office to discuss the improvement of Tequesta Drive east of the
railroad to U.S. Highway No, 1.
Mr. Harp also stated that he had notified Nichols Sanitation
of the homes that are on the closed house list of the Police Depart-
ment, and if any resident is planning an extended stay away from home,
to notify our Police Department and they will check your house.
He stated he attended a seminar in Tallahassee last Friday
called by the State Comptroller, rir. Fred 0, Dickinson, on municipal
financial reporting. There are many changes being made in uniform
accounting for all municipalities and frequent reports to the State
and several seminars will beheld in the coming months to further
• discuss these matters. Mr. Harp stated he met with Mr. A, F. Tolius
of the Division of Recreation and Parks, Department of Natural
Resources about getting permission to drill wells in Tequesta Park,
At the present time there seemed to be no objection, but it must go
through their geologists before they will approve. He stated he also
met with Mr. Don Duden, Chief of Planning and Grants but the Federal
Government has cut funds, but Mr. Preston has a meeting with Mr.
Duden in three or four weeks to discuss the grant further. The sign
for Tequesta Park will be installed Thursday, and all equipment has
been ordered and should be delivered. soon. We also hired a maintenance
man for the Park. He also said Beacon Street bids will be received
on November 6, 1973 and could be considered by Council at their
meeting on November 13, 1973. The bids for the altitude valve for
our water tank will be received at 2:00 P.M., October 23, 1973.
He stated that the plans for Phase #1 of the Loxahatchee
River Envirorumental Control District Project are in the office.' This
project covers Country Glub Drive from riartin County down Country Club
Drive to Tequesta Drive to Old Dixie Highway.
Councilman Leone advised the Village had received a contract
from the U. S, Department of the Interior, U.S.G.S, providing for
the study of our water resources and the contract is in the amount
of $17,000. starting October 1, 1973 to September 30, 1974, Motion
was made by Leone, seconded by Shay and unanimously passed that the
Village Manager be authorized to sign the contract and work out the
re?~ayment schedule with the U.S,G.S.
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ria r Russell asked Councilmen Leone to ex lain 'ust what
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the money was used. for and why $17,000.
Counci]ma,n Leone stated we have been negotiating with the
U.S.G.S. ever since our water problem started, The U.S.G.S. had
proposed conducting a study with the Village of Tequesta putting
up half the money and the Federal Government the rest. The Village
funds were allocated for this but the Federal Government cut funding,
and to get the study started we decided to pay the two years in
anticipation that the Village would get priority for Federal funds
when available.
Councilman Shay asked if a time limit or a time was set
for the study to be completed and who was following up this study.
Councilman Leone stated that even though this is a two year
study, there is no way to put a time limit on their work. He stated
he and the ~~Tater Committee are closely following this project.
Vice~fayor Little stated he wished to thank Mr, Jerry
Zeitler of the Lighthouse Plaza for the speed in getting the
"Stop" signs up in the Plaza. Mr. Harp stated that the Village had
erected the signs and was to be reimbursed by the owners of the
Plaza for the cost.
• Councilman Shay then read Memo #4 on Tequesta Drive Improve-
ments, stating that the County confirmed that they had $30,000, in
their budget that would. be turned over to Tequesta for the inter-
section of Old Dixie Highway ~ Tequesta Drive, hoping the work on
both can be done simultaneously. The memorandum discussed drainage,
runoff, right-of-way, fast peel-off entrances to eliminate traffic
delays and the safety of median strips. (copy of memorandum attached
to minutes). He then read Memo #5, emergency storm water run-off
removal, stating the rain left large areas under water and a possible
solution until drainage can be installed, was the use of a gasoline
engine from Lowery Construction and a 1200 gallon water tank truck,
and he had received the O.K. from Fire Commissioner Baldt. The water
could be dumped in the River or other available places,
Mayor Russell recommended that Councilman Shay and the
Village Manager look into the water removal problem.
Mayor Russell then called on Mr. Meeks of Brockway, Owen F~
Anderson Engineers to discuss the proposed Tequesta Drive Improvements.
Mr. Meeks stated that he had spoken to the County Engineer and that
the County wanted to synchronize their work at the intersection of
Tequesta Drive and Old Dixie Highway, the County offered $30,000. to
be used by the Village for the intersection.
A traffic study should be made and the intersection should
be four-laved north, south and east with two lanes across the rail-
road track going west.
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Mr, Meeks advised that a traffic impact study and functional
plan design for the area from Old Dixie Highway to U.S. Highway No. 1
will cost approximately $8,140. Eliminating the signalization
including the traffic study would cost approximately $32,600, with
signalization it would amount to approximately $40,000. Four-laning
Tequesta Drive with a ]invited number of entries will cost approximately
$162,000., with the County paying $30,000. and $132,000. cost to the
Village.
Mayor Russell asked if that is a finished job with everything
the Village needs. Mr. Meeks stated that was a finished job with
interim solution. No extended drainage included. A complete job
with A-1 drainage, signalization, all lighting, approximately
$182,000.
A motion was made by Shay, seconded by Leone and unanimously
passed that Brockway, Owen ~ Anderson be authorized to have a traffic
impact study made of Tequesta Drive between Old Dixie Highway and
U.S. Highway No. 1 at an estimated cost of $8,140.
Mr, Meeks stated a right-of way study has been authorized
by the County from State Road 707 at Old Dixie Highway to County Line
Road, A contract has presently been awarded to another engineering
fine for a tentative right-of-way map with an ultimate right-of way
width suggested. of 105 feet or more.
Councilman Leone stated the County asked the Village to
reserve the proposed right-of-way for this road stating it was
easier to get right-of ways if no buildings were involved.
County Commissioner Robert F. Culpepper stated that Mr.
Meeks was entirely correct and the first step is to establish
through preliminary engineering what the ultimate right-of-,rays
need to be.
Air, Culpepper stated he did not come to the meeting for
this purpose, but came for another reason that he was told was
going to be discussed. at a later date. He would like to be notified
so that he can come prepared. and bring some of his staff with him.
Mayor Russell stated that several weeks ago, Air. Kandeil
asked for rezoning part of his land west of Seabrook Road from R-1
to R-2 and several parcels to be annexed as R-1, R-2 and C-1. Due
to a traffic study not completed at that time, action on the re-
zoning was postponed to the next Council meeting. The traffic
study has now been received and Council has had time to study the
report .
Mr. Cook stated that the discussion on Mr. Kandell's re-
zoning could be tonight, but no action can be taken at this meeting.
Due to the new State Home Rule Laidt which requires that ordinances to
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be considered by Council have to be legally advertised 14 days before
a vote can be taken, as of October 1, 1973. Mr. Cook stated he had
published a notice which turned out to be defective and no vote can
be taken before two more meetings.
Mr. Cook stated the ordinance to be voted on can be adver-
tised by title only.
County Commissioner Robert F. Culpepper stated he wished
to reserve any comments until Mr. Kandell~s proposed rezoning is on
the agenda, at which time he and his staff would also like to appear
on the agenda.
Mr. Cook stated he has prepared four ordinances:
1. An ordinance of the Village of Tequesta, Florida, amending
Ordinance 1Vo. 211 and the zoning map thereunder to change the
zoning classification of parcels of land owned by Karl A. Kandell
Associates, Inc, from R-1, Single Family Dwelling classification
to R-2 Multiple Family Dt,-elling classification.
2. An ordinance of the Village of Tequesta, Florida, annexing
certain parcels of land to the territorial limits of the Village
of Tequesta and zoning it R-2 after Public Hearing.
• 3. An ordinance of the Village of Tequesta, Florida, annexing a
certain parcel of land to the territorial limits of the Village
of Tequesta and zoning it R-1 after Public Hearing.
4, An ordinance of the Village of Tequesta, Florida, annexing a
certain .parcel of land to the territorial limits of the Village of
Tequesta and zoning it C-1 after Public Hearing,
Mayor Russell then read the petition from Tequesta Gardens
signed by 230 occupants stating that the Kandell plans are the best
suited for our lively community and a study of traffic, sewers, water
and drainage: The residents of Tequesta Garden Apartments whole-
heartedly recommend that the Council rezone Mr. Kandell~s land,
Mayor Russell then read the reasons for the Tequesta
Gardens recommendations:
1. The 80 acres of land in question is the last large tract of
land in Tequesta and. if some unscrupulous parties get their hands
on it they would have no feeling for the beauty of Tequesta.
2. rir. Kandell~s plan would create an area that would be both
beautiful and valuable.
3. If nothing is built on the Kandell property the Village is still
faced ~,rith water, sewerage and traffic problems.
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4. Regarding condominiums in an adult community, the ratio per apart-
ment is less than two (2), whereas in single farad ly homes the number
of people is undetermined and also they occupy homes the year around,
which is a drain on water, sewerage and traffic.
5. We understand a referendum was considered, however, we are not
against a referendum but the residents of Tequesta Gardens feel that
our Council can make: the-correct decision.
6. Regarding the new Charter and zoning laws, our Charter and zoning
laws are no better than our Constitution. Changes and amendments are
inevitable.
Mr. Baron stated that the responsibility is the peoples and
they have the right to vote and. decide on the changes. The problems
arising from these changes is their concern and therefore the
residents should have the right to vote for their destiny.
Mr. Leone stated that when the residents elected to adopt
the new Charter the Councilmen represent the citizens. If the people
are not satisfied with this form of government, then have a referendum
to change the Charter.
Mr. Leone also stated that if the residents are not satisfied
with the existing Charter or government then they should get together
and write up a new Charter. The existing Charter allows the Council
to make the decisions.
Mr. Baron stated by referring to page 36 of the Charter, it
states "The Village Cvuncil at its discretion may submit any ordinance
after final passage in section 211 to the people for referendum". He
recommends that Council submit a referendum to the residents of
Tequesta on the Kande11 request for rezoning.
Councilman Shay stated that the proposed plans of Mr.
Kandell fit in very nicely with the drainage system proposed for
Tequesta.
Mrs. Rood. stated the section of land she was interested in
of Mr. Kandell~s rezoning was between the River and Riverside Drive,
stating that deed restrictions were for single family dwellings.
Mr. John Brent was wondering if part of the land of Mr.
Kandell could be rezoned and the other part left as is.
Mayor Russell answered the petition was for 80 acres of
land and that Council had to vote for the petition presented.
County Commissioner Culpepper stated he was concerned
and disturbed about the area along Riverside Drive that has always been
a single family residential area and that the land is being considered
for rezoning and he strongly recoIIanends the land on the other side of
Riverside Drive as remaining R-1 residential single family dwelling.
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Mr. Frank recommended that the rezoning be tabled until
it can be duly advertised as required by State law.
Mr. Cook stated the ordinance must be advertised by title
only but that title must relate the content of the ordinance.
County Commissioner Robert F. Culpepper stated that the
oillage Attorney is absolutely correct as to evaluation of the
Home Rule law and he would suggest that no action be taken now to
indicate as to what your vote may be now or later.
Mr. Baron asked Council if it was Iegal to change Mr.
Kandell~s petition for rezoning.
Mr. Leone stated he felt that Council should take a vote
on Mr. Kandell~s petition as presented to the Council.
Mayor Russell stated on September 27, 1973 a Public
Hearing was held where Mr. Robert Sylvester wanted to build a three
(3) story condominium in an R-2 area where only two stories are
allowed and petitioned the Council for a "special exception use"
to be placed in the ordinance for the R-2 district. In connection
with that hearing tae have received 30 petitions from Waterway Beach
condominium owners asking that the special exception be granted.
• Mayor Russell stated that if a special exception is provided
for R-2, it would. not cover a single area but all R-2 areas - if
this was granted R-3 would also be asking for exceptions.
Mr. Cook stated when the old ordinance was valid there was
a special exception clause that Council could use for exceeding two
stories, but when Ordinance No. 211 was written, a special exception
clause was omitted. Under the existing code there is an absolute
two (2) story limit and a height of 30 feet for all buildings in R-2.
Mr. Robert Sylvester asked if an ordinance can be written
where all property west of U.S. Highway No. 1 can be limited to two
(2) stories and he stated even though he is requesting special
exception for a three (3) story building, he would still be within
the 30 foot limit as stated in Ordinance No. 211.
Mr. Little stated that he has seen the property at Waterway
Beach condominiums where the area is compatible to a three (3) story
building, but he does not want to open a "pandora's box" wherein the
rest of R-2 areas-would be included.
riayor Russell told Attorney Cook to publish the ordinance
where the Council has the right to grant special exceptions in the
R-2 District.
Mayor Russell stated they had a letter too late for
consideration at the previous .Council meeting, to donate the land
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east of the Village Hall for Jupiter Fire Control District No. 1 to
build.a new fire station. The biayor recommends that said property
be kept for expansion.
Mayor Russell instructed the Village Aianager to answer
Mr. Baldt's letter denying their request for the donation of the
land adjacent to the Village Hall and requested all Councilmen to
help the Fire District to find a suitable site for a fire station
in Tequesta.
The Mayor then stated that at the last meeting the parking
problem was discussed, and that this week our attorney Mr. Cook is
to meet with Police Chief Dusenbery to explain in detail just what
the Ordinance says, what their instruction should be to enforce it.
Also he stated there was a tour of the Village to see the residences
who had received warning tickets and found that most of these can
easily be taken care of.
Mayor Russell stated he met with all "Ad Hoc" committees
and they were getting started.
The Mayor recommended Robert I. Hicks be added as a member
of the Solid ~rTaste Committee.
Upon motion by Leone, seconded by Shay and unanimously
passed, rir. Robert I. Hicks was appointed to the Solid Waste Committee.
Mayor Russell stated that Mr. Jacob Blair~s term on the
Zoning Board of Adjustment was expiring and Mr. Blair has agreed to
serve another terns if he is nominated.
Motion was made by Leone, seconded by Shay and unanimously
passed that Mr. Jacob Blair be appointed to the Zoning Board of Adjust-
ment, effective January 1, 1974 for a three (3) year terns.
Councilman Leone nominated Mr. J. B. Stancliffe as a member
of the Community Appearance Board, seconded by Prank and unanimously
passed. Mr. Stancliffe will replace Mr. Shay on the Community
Appearance Board.
Ma3Tor Russell brought up the subject of sign violations,
also asked Mr. Gary Preston to study possible beautification for
the lot east of-the Village Hall, and inquired about flood insurance.
rlr. Harp stated they had received a new pamphlet from the
State of Florida for candidates and committees, also we received
from the Flood Control District proposed rules and regulations under
the Florida Water Resources Act of 1972. There will be a public
hearing on this on Wednesday, October 17 in West Pa]m Beach, at
10:00 A.M. at the District Office. The Village Manager also advised
that Mr. DeWolf wants additional work done on the water usage study.
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Mr. Harp stated that he understood the Country Club area
is not going to assume the mowing of their vacant lots, According
to the Ordinance we must identify each property owner, send a
person out to estimate the cost for mo~~ring each and every individual
lot, prepare a resolution to bring to Council for their approval,
then notify the people they have a certain period of time to mow
their lots. If this is not attended to, the Village will mow their
lots and send them a bill. If it is not paid within 30 to 60 days,
a lien will be placed against the property,
Captain Coleman stated he is negotiating for a contract
that is acceptable but he may have to renege on their agreements and
have the Village do the mowing.
Mr. Harp stated the Palm Beach County dater Quality
A4anagement Plan will have a public hearing on October 17, 1973 at
1:30 P,M. at the Florida Power £~ Light building in West Palm Beach.
The Village Attorney advised he had discussed the proposed
fire impact fee with the Fire Districts attorney and more information
was needed on this subject.
Mayor Russell stated he had received a letter from the
North County First Aid Squad inviting the Council to the dedication
at 2:00 P.I~i., October 21, 1973.
Councilman Leone stated that under Section 7.02, page 35
of the Charter - Power of Referendum - the electors shall have the
po~~rer to approve or reject at the polls any ordinance passed by
the Village Council.
Mr. Baron stated. that all he is asking for is a referendum
to be voted on by the people.
Upon motion by Little, seconded by Shay and unanimously
passed, the meeting was adjourned at 10:35 P.M.
Respec fully ;
C%CZ~
Charles R. Joy
Village Cle,~lf