HomeMy WebLinkAboutMinutes_Regular_08/28/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF THE
VILLAGE OF TEQUESTA, FLORIDA
The second. regular Council meeting for the month of
August was held at 7:30 P,M., Tuesday, August 28, 1973, at the
Village Hall. Councilmen present were Messrs: Russell, Little,
Frank, Leone and Del Ninno. Also present were Christopher H,
Cook, Village Attorney, Charles R. Jonas, Village Clerk, Police
Chief Henry Dusenbery, Alvin W. Butterfield, Building Official
and Gary Preston, Recreation Director. The Village Manager,
Robert Harp, had advised. he would be unable to attend because
he was on vacation.
The meeting was opened with Prayer and the Pledge of
Allegiance to the Flag by Councilman Leone,
Upon motion by Leone, seconded by Del Ninno and
unanimously passed, the minutes of the August 14, 1973 regular
meeting were approved with three changes to be noted on pages 80,
81 and 84 as follows:
Page 80 - last paragraph - "the Council would try to arrange for
the people to return to the Zoning Board of Adjustment at no
cost to them".
Page 81 - 3rd paragraph from bottom, last line - "make more water
available".
Page 84 - last paragraph - "Mr. John Harlow, a member of the
Board of the Loxahatchee River Envirorm-ental Control District said
he had received.a letter from the Village Manager stating the
Council was concerned......"
Upon motion by Leone, seconded by Frank and unanimously
passed. the minutes of the Public Hearing held August 17, 1973 were
approved,
Mayor Fussell reviewed the financial statement for the
ten (10) month period ending July 30, 1973. Upon motion by Frank,
seconded by Del Ninno and unanimously passed the financial statement
of July 1973 was approved, which shows the following balances:
First National Bank £a Trust Co. $ 26,070.39
Petty Cash 25.00
Community Federal Savings ~ Loan 20,000.00
Fidelity Federal Savings ~ Loan 17,428.61
Certificates of Deposit 227,000,00
Federal Revenue Sharing Savings Account 20,185.18
$ 310,709.18
~'
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• The Water Department statement was not completed at time
of meeting. The Sinking Fund balance for payment of principle and
interest on bonds for the Village Hall and land was $40,536.77.
Mr. Karl Kandell asked the Council to authorize the
Tequesta Water Committee to negotiate with him. and his engineers
in development and installation of a water system to service the
Little Club and hopefully, big enough to supply water to part of
Martin County and the Village of Tequesta in case of emergency.
Upon motion by Frank, seconded by Del Ninno and unanimously passed,
the Council authorized the Village Water Committee to meet with
Mr. Kandell and his engineers to work out any technical problems.
Mr. Kandell then showed two pictures of the 76 acre
plot of land that he has requested for rezoning. He also stated
there were two parcels of land he would like to annex to the Village.
He advised that he now owned all the land and his new plans called
for new roads, golf courses, holding ponds for water and less
density. He stated his lot coverage would not exceed over 13,4
percent with an average of 7.09 units per acre. Eleven acres will
be covered by a golf course and clubhouse. There will be 66
single family dwellings, 45 condominiums housing approximately
500 units with an average of 1100 square feet per unit. He then
asked that the property between single family dwellings and the
railroad track be zoned for commercial use, Mr. Tatem asked the
distance between the first condominium and Tequesta Garden
Apartments and. was told that it would be 125 feet, all of which
would be the golf course. Mr. Kandell was asked if he had obtained
a right-of-way crossing the railroad tracks, and he answered no.
The Mayor stated there would be a Public Hearing held.
at 7:30 P.M., September 24, 1973 to consider Mr. Kandell~s rezoning
proposal.
Captain Coleman was concerned that the Village Council
would consider Mr, Kandell~s proposal for rezoning due to the water
moratorium, Mayor Russell informed Captain Coleman-that the water
moratorium had nothing to do with rezoning because building permits
would not be issued and building would not start for at least two
years.
riayor Russell then called on Arthur F. Meeks of Brockway,
Owen and Anderson Engineers, Inc,, who drew up the plans-for widening
Tequesta Drive making it a four lane road from U.S. No. 1 to Old
Dixie Highway. riayor Russell said the Council was anxious to get
this started as soon as possible as the money has been budgeted
for the last two years. Mr, Meeks stated he had two drawings of
Tequesta Drive, one showing curbs and the other showing a center
divider and the cost for either would be approximately $119,000,
He suggested that the divider was best for traffic control and
safety, but neither plan had any drainage. The water would drain
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8-28-73 - 3
in the swales running west from U.S. No. 1 to Old Dixie Highway
with nothing to keep the water off the road or running across
the entrances to the shopping centers. He stated that it would
be a good idea to wait until the County had improved the inter-
section of Old Dixie and Tequesta Drive, and the traffic study
in the complete area. He also stated it would be impossible to
tie in to the drainage line now in existance running under the
railroad, as it is at full capacity now. At the present time the
Department of Transportation has not allowed in their construction
any drainage on U.S. No. 1.
Mr. Little said he had spoken with several shopkeepers
on both sides of Tequesta Drive and they do want a new road but
they do not want to lose any entrances.
Mr. Leone said it would be impossible for the swales
to carry off all the water and did not see why the County drainage
could not take care of it.
Mr, Frank asked about dry wells and pipes running
beneath the entrances to the shopping centers which would eliminate
driving through water. Mr, Meeks stated .his company did not
recommend dry wells or pipes running beneath driveways due to the
fact that a dry well is only good for approximately 22 years and
pipes had to be buried in ground 4 to 5 feet, and rubbish-could
collect and would have to be cleaned out frequently. Mr. Del Ninno
said he thought the dry. wells would be a temporary solution until
such time as the County can install drainage. Mr. Frank stated
he thought until something can be done about the drainage problem
of this road segment and traffic control, entrances to the shopping
center would be more hazardous than at the present time. piayor
Russell suggested Mr. Harp, Mr, Leone and Mr. Dei Ninno meet with
Mr. Meeks to see about the drainage before the next Council meeting.
Mayor Russell spoke of the Public Hearing of August 17,
where three changes in the Zoning Ordinance were discussed. The
first was lot coverage. The Zoning Review Comanittee, Mr. Corddry,
Chairman, recommended lot coverage be increased from 35~ to 37~
with eaves excluded.. Mr. Corddry mentioned that Mr. Frank made a
statement at the last meeting that he dial not see how Mayor Russell
or himself could recommend less lot coverage than they themselves
have. Mr, Corddry stated they were trying to improve the zoning
ordinance to beautify the Village and at the time his home was
built he was within the regulations.
Mr. Frank said that all the variances requested have
been turned down by the Zoning Board of Adjustment and he feels
the Board should be~allowed some leeway in making their own
decisions, using good judgement and common sense, and the word
"hardship" be removed completely.
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8-28-?3 - 4
• Captain Coleman of the Tequesta Country Club Community
stated they could live with the setbacks but thought 37~ lot
coverage was discriminatory and they will have to construct
smaller homes devaluating existing homes. Counci]man Frank could
not see why lot coverage was necessary because the old ordinance
did not have percentages, only setbacks, and the Village is
certainly beautiful now.
Mr. Leone stated that he resides in the Country Club
Community, has a three bedroom home, plus pool and does not
cover 37/ of his lot, plus all his neighbors are the same and
feel they are not devaluating the community.
Upon motion by Leone, seconded by Frank and unanimously
passed the Village Attorney is to prepare a proper ordinance to
change lot coverage to 37~ excluding the eaves,
Mayor Russell then brought up the next two items,
rephrasing of parking and definitions of passenger cars. The
first item, trucks over 1 ton rated capacity are prohibited
from being ,parked anywhere on a lot. Trucks, 1 ton and under
rated capacity, boats, campers, trailers and recreation vehicles
could be parked in side or rear yard if screened from all viewpoin'cs
as stated in the County Code as well as in Ordinance 211.
• Motion was made by Leone, seconded by Little and
unanimously passed that the Village Attorney prepare an ordinance
to amend the zoning ordinance to provide that no truck over 1 ton
rated capacity be parked on the front yard or anywhere on a lot
overnight. Mr. Harlow stated it would be impossible to screen
his pick-up truck and he would have a hardship due to the fact
that he had to remove same from the front yard. He also asked
why a station wagon even though licensed by the State as a
passenger car would be allowed to park in the front yard filled
with paint buckets, ladders, etc., making an unsightly view much
more than his nice clean pick-up.
A motion was made by Leone, seconded by Little and
unanimously passed that no conveyance other than passenger vehicles
shall be parked in the front year, all others may be parked one
24 hour period within 30 days.
Mayor Russell then stated that all out of State vehicles
with proper license can be parked in the front yard. At this time
he requested the Village Clerk to check ambulances and emergency
vehicles to see that license plates with the letter "X" are
registered by the State as passenger cars.
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. Nfayor Russell asked Mr. Cook to prepare an ordinance to
revise the paragraphs on parking and definition of passenger cars
and return to the next meeting for action.
Mr. Cook stated that pools open or screened should be
included in lot coverage.
A motion was made by Leone, seconded by Little and
unanimously passed that all pools open or screened be included in
lot coverage.
Mr. Robert Sylvester asked to be heard later in the
evening to rezone the property at Waterway Beach Condominiums from
R-2 to R-2A.
Upon motion by Leone, seconded by Little and unanimously
passed the Village Manager was asked to write a letter stating the
Villages views on routing I-95 west of the Turnpike. The distance
from Tequesta to a westerly I-95 would not relieve any traffic
problems now existing and the Village feels a route east of the
Sunshine Parkway would be more beneficial.
Councilman Frank said he wondered if the Council did
the right thing in eliminating the drilling of wells in and around
Tequesta and stated that the people are now using Village water
• for sprinkling. Mr. Leone answered saying the U.S.G.S. was pleased
about the. water moratori~n, the eliminating of wells and open ponds
and hoped we did it in time. He said the people that are using
water for sprinkling are not helping the situation, but the
U.S.G.S, hopes to have all surveys finished and report as to what
can be done in 90 days.
Mr, Frank stated surveys were needed but the Water
Committee was formed last May and 90 days will be in December and
he would like to know when something will be done to help the residents
of Tequesta, Councilman Leone said the reason the Village is in
the position it finds itself in today is because no one took the
time to-look into the future. He said the U,S,G.S, survey will show
the location, depth and number of wells to be drilled, and said
the U.S.G.S, has warned Mr. Kandell of the bad situation he is in,
because of drilling wells between two large bodies of salt water.
Mr. Shay inquired as to what will happen if the U,S.G.S,
survey comes out negative,
Mr. Little stated. he hopes we are not too late and
asked. about reservoirs and holding ponds to collect some of the
water ENCON dumps each day.
Mr. Leone said the County Board of Health says there is
too much bacteria remaining and the percolation factor in Florida
does not remove enough bacteria for safe consumption. The only
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way to replenish the acquifer is by rainfall.
Mr, Roberts said he and his son had been watching the
same pipe still running that he had reported to the Council several
weeks ago, He measured the water erupting from the pipe and as
close as he could figure approximately 63,000 gallons of water was
wasted per month, He wondered why the Village would allow such
waste and refused him the building of a home in Tequesta. He
mentioned the fact that if he were a younger man he would have
plenty of time to wait, but being retired he has none.
Mr. Leone stated he wished there was some way to control
the usage of water. Half the people of Tequesta understand the
situation and the other half donut seem to care, and stated " we
as Councilmen can't do anything about i.t, I am very sorry, I wish
I could help".
A motion was made by Frank, seconded by Leone and
unanimously passed that the Village Charter Amendment Referendum;
on residents voting directly for Mayor be held October 16, 1973.
Mayor Russell stated that Councilman Frank and Vice-
- Mayor Little were out of town for the first budget workshop and
7:30 P.M., September 10, the second budget workshop will take
place.
Mr. Butterfield said the drawings for the bicycle
path on Beach Road are being prepared by Lindahl £~ OsBrien to
be sent to the Department of Transportation for approval.
Mayor Russell then read a letter from the Village
Attorney, Mr. Cook, on the subject of golf carts used on Village
of Tequesta streets. According to Mr. Cooks opinion every golf
cart used on the streets must be licensed by the State of Florida.
The Mayor asked the Village Clerk to see that Police Chief
Dusenbery, the President of the Tequesta Country Club and the
Turtle Creek Club receive a copy of the letter.
Mr. Robert Sylvester asked the Council to set a public
hearing to consider rezoning the property at the Waterway Beach
Condominiwns from R-2 to R-2A. He stated he had no hardship but
it would be to the advantage of the Village to grant the rezoning.
The building would be smaller, less lot coverage, less units and
less density. Mr. Cook stated the Council could change the
zoning without being considered spot zoning but would have to have
a public hearing to do so. Mayor Russell set the public hearing
for 7:30 P.M., September 27, 1973.
A motion was made by Frank, seconded by Del Ninno to
include giving the Zoning Board of Adjustment more leeway to act
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8-28-73 - 7
on variances. The vote on the motion was 2-3 with Russell, Leone
and Little voting against. Mr. Frank suggested it would be a good
idea to have all department heads present at each Council meeting.
Mayor Russell said they would confer with Mr. Harp.
A motion by Del Ninno and seconded by Little, unanimously
passed and the meeting was adjourned at 12:12 A.M.
Respectfully ,~bmitt~d,
Charles R
Villaae~
CORRECTIONS; As per September 11, 1973 Council Meeting
Page 87 - paragraph 2 - Mr. Karl Kandell asked the Village Council
to authorize the Village Water Con~i.ttee to negotiate with him and
his engineers to work out any technical and monetary problems in
removing the Little flub development from the Villages water,
system. Mr. Kandell would like to service this area with the water
• supply system he rdc~t~ly constructed for Riverbend.
Page 88 - paragraph 1 - Mayor Russell did not say it would be a
good idea to wait, but said the Village should proceed with the
improvements now aad continue to review with the County the
improvements they propose to make at the intersection.
Page 88 - paragraph 2 - Vice~tayor Little advised h~ had not spoken
with the shopkeepers but had stated that they had previously beesr;.
contacted in regard to yhe proposed Tequesta drive improvement.
Page 88 - paragraph 4 - The last sentence of the paragraph should
include the PaLn Beach County Engineer as well as the Village
Manager, Councilman Leone, Councilman Del Ninno and Engineer
Arthur Meeks at the meeting.
Page 89 - paragraph 6 - the word "Year" following "front" should
read °YardF~ .
92
Bob'=RS Items - 8-28-73
1, Letter from Mr, Wilson of the Ft. Lauderdale office of the
Florida Department of Transportation.
2. Letter from Mr. L al, Chairman, Board of County Commissioners
(County Line Road
3, Mrs. Jackie Winchester, Supervisor of Elections called to inform
us that a Special School Board Bond Referendum is scheduled for
October 16, 1973,
The School Board would expect the Village of Tequesta to pay
half of the cost. The total cost stated by Mrs. Winchester
for the Villages portion of the cost for all printing etc.
would be approximately $100.
Mrs. Winchester must be notified as soon as possible so our
referendum can be printed for the voting machines. (20 days before)