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HomeMy WebLinkAboutMinutes_Regular_07/10/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The First Regular Council Meeting of the month of July was held at 7:30 P.M., Tuesday, July 10, 1973 at the Village Hall. Council- men present were Messrs: Russell, Little, Frank and Leone, Mr. Del Ninno had. advised the Village Clerk he would not be in attendance. Also present were Robert Harp, Village Manager and Clerk and Christopher H. Cook, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Vice-Mayor Little. Upon motion by Leone,, seconded by Frank and unanimously passed, the minutes of the June 26, 1973 meeting were approved. Counci]man Frank asked the status of. the Beacon Street improvement project. Mr. Cook advised the Court had signed the Order of Taking for the additional ten (10) foot of right--of way on the north side; that a deposit of $379.00 had been made with the Court and a jury trial would determine the cost to the Village. The Village Manager advised the engineers for the project had been advised to proceed with the project and to provide the Village with information on costs, etc. . for providing drainage for the intersection of E]m and Beacon. Mr. Frank said he and members of Council had received a copy of a letter/petition dated July 5, 1973 having to do with the right-of way procurement. The document did not have signatures and the Village Manager advised he had the original which contained signatures. The Village Manager is to advise Mr.Stephen A, Halas of the current status of-the Beacon Street project. Counci Lna.n Frank then spoke of amending the Village Charter to provide for the election of the Village Mayor for a two (2) year term by the electors with the elected Mayor to appoint his Vice~Iayor from the other Council members. Mr. Cook said he could prepare the necessary dociunents to provide fora referendwn to amend the Charter. Mr. Little said he does not know of any poor choices for Mayor. Mr. Leone said he could see nothing wrong with the existing systems the method is provided in the Charter and there is no need for a change. He also said many cities elect their Mayor the same way the Village does. Mr. Frank said the people should elect the Mayor. He did not favor the election method in the Charter but took the Charter as a whole when he voted for it. Frank moved, seconded by Russell that the necessary action be taken to amend the Village Charter to provide for the election of the Mayor for a two (2) year term and the Mayor to appoint his Vice-Mayor, Mr. Baron spoke of accepting or rejecting parts of the Charter at its adoption and said he thinks the people want to elect the Mayor. The vote on the motion was: Frank For the Motion Russell For the Motion Leone Against the Motion Little Against the Motion 69 7-10-73 - 2 Mr. Frank inquired about a new fogger. He spoke of problems arising from some of the terms in the new Zoning Ordinance and referred to last nights Public Hearing of the Zoning Board of Adjustment who denied .two request for variance for construction of swimming pools with patio and screen enclosures which would make lot coverage in excess of 35~. He said the Chairman of the Zoning Review Committee had lot coverage of 42~. The requirement could cause smaller houses to be :built, He asked the Council- men,..to review this section of the Zoning Ordinance before next Council Meeting at which time he intends to have more discussion on it. Mr. .Leone said he did not believe the restrictions would cause the construction of smaller houses. Councilman Leone reported on a Water Committee Meeting today, with Mr. Anson B. DeWolf and Mr, Ed Walker of Gee Fs Jenson who are start- ing an evaluation of the Villages water system; discussion of control of elevated tank overflow and that the engineers have been made aware of the urgency of the moratorium. Vice~fayor Little reported he and the Village Manager had interviewed Mr. Gary Preston-for the position of Village Recreation Director, Mr. Preston has agreed to accept appointment to the position at a starting salary of $9,000.00 annually and could start to work July 23, 1973, Little moved,, seconded by Leone and unanimously passed that Carp Preston be appointed. Village Recreation Director at $9,000.00 annual starting salary, He asked the Village Attorney about the policing • of Tequesta Park and said the Village police officers were Martin County Special Deputy Sheriffs policing-the park and they were enforcing Martin County laws, Chief Dusenbery said the men cannot enforce Village laws in the Park, Mr. Little apoke of damage in the men's room of;.the concession stand area and advised that he had a copy of State Regulation 592 - Park Rules and Regulations. The Chief was asked to formulate his ideas on policing and security for the Park and the Recreation Committee will assist, The Village Manager advised the Beach Road bis~ycle path had to be located on the map and forwarded to the State. Road Department for approval . Mayor Russell spoke of the need for a Tequesta Park sign and other signing for the park as required by the State and to honor the Kiwanis Club for their past work at the park, ge suggested the Village Manager see Mr. Ney C. Landrum at the Department of Natural Resources in Tallahassee in regard to well sites in Tequesta Park. He asked about DiVosta Construction working after hours on Tequesta Towers and was advised they had been advised of proper hours. The drainage ditch between Jupiter and Tequesta was discussed and the Village Manager advised the County had been contacted and aountp crews had started to clean it. Mayor Russell advised of the Regular Board of County Commissioners Meeting in the Hall at 9:30 A.M., July 31, 1973 and suggested the news media give adequate publicity to same and for the residents to attend the meeting argil ask for work on County Line Road to start and Old Dixie Highway paving and drainage, The Mayor advised of the new requirement • for fiscal pears to be October 1 - September 30 each-year and that the Water Department fiscal year is January 1 - December 31. -The Village 70 7-10-73 - 3 Manager advised that the Water Department Financial Consultant believed there was a question in this regard since the Water Revenue Certificate Ordinance No. 138 specifically sets forth the fiscal-year as January T - December 31. Many other municipalities are probably faced with this same problem. The Village Attorney was asked to review same and the Village Manager is to write to the Comptroller advising the Village's desire to conform but asking fora possible extension of time to October 1, 1974 in order to resolve the question. The Mayor spoke of HB 2008 -providing permissive authority for County Court Clerks to appoint Municipal Clerks as deputies for the purpose of issuing arrest warrants for violations of municipal ordinances triable in the County Court. The Village Manager and Police Chief said they believed this to be effective when municipal courts are abolished and the Village Manager will try to obtain additional information on the Biil. The Mayor spoke of ,the South Florida Regional Planning Council letter dated June 19, 1973 which indicated that the Palm Beach Coutrty Commission had unanimously passed a Resolution on June 19, 1973 endorsing the makeup of Region 10 comprised of Monroe, Dade, Broward,-Palm Beach, Martin and St, Lucie Counties, Many sninicipalities, including the Village, had passed resolutions favoring the forming of Region 11 comprised of Palpa Beach, Martin, Okeechobee, Indian River, St, Lucie and Martin Counties. The Village Manager is to obtain additional infoz~nation on the status of the proposal: • Councilman Leone spoke of Mr. Cook's June 27, 1973 letter to the Building Official and Councilmen in regard to the pilings of the Tequesta Towers building conforming to the Southern Standard Building Code, Mr, Cook said affidavits and a letter from Richard M. Miller, P,E., Gee and Jenson, a structural engineer and vice-president of the. firnt, indicated there was no safety prob~.em. The Village Attorney presented copies of a redrafted ordinance to control the hours and days for working in the Village with Section 4 providing that there shall be no contracted labor or services, e~tcluding janitorial services, performed on any yard or building on Sundays or legal holidays nor between the hours of 6:00 P.M. and 7:00 A.M., Monday through Friday. Mr. Leone said the ordinance should be worded to allow for emergency work without a permit. It was discussed that sections 1 and 2 would apply to individual property owners and would proclude their working on their own properties during restricted days and hours. Councilman Frank said the ordinance was also to stop the use of large equipment connected with jobs. Mr. Cook said; other town have such ordinances. Mayor Russell suggested Mr. Cook get copies of ordinances from other towns and Mr. Cook said he could get some from the Florida League of Cities and draft an ordinance for the approval of Councilman Frank and Police Chief Dusenbery, Mr. Cook rev~orded section 5 and read the ordinance. Frank moved, seconded by Leone, that the first reading of the ordinance be approved. The vote on the motion was 3-1 with Russell voting against. 71 7-1x73 - 4 The Mayc-r referred to a memorandum from the Village Manager and a copy of a letter from the Palm Beach County Health Department stating their position that they would only approve septic tanks for properties using a public water supply and not private wells on an individual basis. Mr. Cook read a portion of Ordinance No. 208 which states that connections cannot be made to the water system therefore the Health Department cannot approve septic tanks. He then read the Health Department July 3, 1973 letter to Mr, Peter Stoehr. Mr. Cook said he advises the Village not to issue building perniits unless the Palm Beach County Health Department-gives its approval for both a private well for drinking water and a septic tank. Mr. John Dell, Attorney, representing the Home Builders and Contractors Association said he and his organization would like to know the Villages policy, A Mr. Roberts, who has an application for permit pending, but cannot get same because of the water problem, recited the hardship he now has since the Health Depaetment will not approve a well on a lot with a septic tank after the Village office had advised they would approve if the County would give their approval and the Health Department has now changed its mind. Mr. Stoehr said he was willing to sign a statement that he would not hold the Village responsible if he could not get water for a house if he would be allowed to build it now. Mr. Leone said there is an existing water problem, not an eus+rgency and he is against issuing a building permit wlt~ provisions for adequate water for • the. structure and the possibility of the owner claiming a hardship at a later date when the house is ready to move into. He mentioned the seriousness of the water problem. Mr. Stoehr said he would absolve the Village of any fault. He would like to start building before prices of materials increase any more.. Mr. Cook suggested, and the Council concurred, that he would write the Village Manager a letter setting forth the conditions upon which the Village Building Department will issue a building permit and espies can be provided for all interested parties. It was stated that Ordinance No. 208 d~:d not contain an ending date but was continuous until the Council could determine that it should be revoked. Mayor Russell read Mr. A. W. Butterfield~s letter of resignation as .Village Civil Defense Director and upon motion by Little, seconded by Leone and unanimously passed, was accepted with ,thanks for his efforts in this capacity. The Mayor asked for names of possible persons who would or could fill this position. The Village Manager advised that he had contacted HUD for the latest requirements for municipalities to qualify for flood insurance. The Mayor asked the Village Manager about speed limit signs for SR 70? (Beach Road) especially for the .curve at the east end of the Bridge. The Village Manager advised the State controlled the speeds and signs on the road and that signs denoted the curve and a recommended mA~~mum speed for the curve had been posted by the State. The matter of an electronically controlled traffic signal for the control of speeders in the area is still under discussion and consideration. Mayor Russell read a memorandum from Jan Wolfe, Palm Beach County Engineers Office, in regard to a June meeting in which improvements to County Line Road had been discussed. The Mayor suggested the urgency; for 72 7-10-73 - 5 the completion of this project be bro ught to the County Commissioners at their July 31, 1973 meeting at the Village Hall. Mayor Russell asked the Village Attorney about the legal status of the new Zoning Ordinance and Mr. Cook said he was doubtful if a referendian would change its status and suggested leaving it as is and see what events might take place with the suit against the Town of Palm Beach ordinance. The Mayor recalled prior discussions on including zoning districts R-lA, R-1 and R-2 under the jurisdiction of the Community Appearance Board, especially for Planned Developments. Mr, Leone said it ,was desirable but not practical since he had discussed this matter with several members of the Community Appearance Board and they did not believe the Board should be involved and it could be a continuing job to review plans. Mayor Russell referred to the new State Obscenity Law and the Village Manager advised the matter had been referred to the Village Attorney. He discussed the riding of bicycles on other than the bicycle path and the matter will be reviewed as it now exists in the existing laws. Mayor Russell set a Budget Workshop meeting for ?:30 P.M., Tuesday, August 7, 1973 at the Village Ha11. Mayor Russell read a letter from the Community Appearance Board in regard to improving the Village property east of the Village Hall and referred it to Mr. Little for the Recreation Comnitteesconsideration. The Mayor read a letter from Rev. Raymond Jones, a Village resident, which severely criticized the actions of the Village Council in the recent handling of the Kandell-DiVosta requests for a zoning change for their properties. All Councilmen had received a copy of the letter. Councilman Leone said he wanted to correct a mistaken impression that part of the request was for commercial zoning when in fact R-lA, R-1, R-2 and R-3 are all residential zoning classifications, The Councilmen then discussed the Tequesta Towers foundations and a letter from the firm of Gee £~ Jenson indicated that the foundation pilings were safe and satisfied the building code. Mr. Cook said he was satisfied there were no violations of substance in the building, even though there might be some technical violations, but the matter is expected to be added to the law suit. The Village Clerk, Robert Harp, submitted his verbal resignation from this position and suggested that Charles Robert Jonas be appointed to the position. Leone moved, seconded by Frank-and unanimously passed that the resignation be accepted. Leone moved, seconded by Frank and unanimously passed that Charles Robert Jonas be appointed Village Clerk. The Village Manager administered the Oath of Office to the new village Clerk. Mr. Baron spoke of cars driving across the walk area at the hardware store to pull into the parking lot and the loose land on Old Dixie Highway near Rinkers. He also said the traffic was heavy and hoped the traffic signal at Tequesta Drive and Seabrook Road would be installed soon and relieve some of the problem. Mr. Robert Sylvester addressed the Council advising that a group of Waterway Beach residents were planning to construct a three story, 36 unit condominiwn on the east side of the 73 ?-10-73 - 6 property near the back of the Pantry Pride store but the new Zoning Ordinance limits the height to two (2) stories and there are no provisions for a special exception or variance. The present buildings are three (3) story and the present residents want a three (3) story building. He was asking what could be done to alleviate this matter. The Village Attorney advised it would be necessary to change the Zoning Ordinance. He said the Zoning Board of Adjustment can only act upon cases involving hardship and doubts if this could be called a hardship. Mr. Sylvester suggested a petition from the residents to the Council and further spoke of HB 1331 perntitting assessment of lands located in moratorium areas to be at the lo~rest level. The Village Manager advised the County Tax Assessors 1973 taxable value is $60,974,366. compared to $53,218,648. last year. He advised the Council of his discussion with Mrs. McAskill regarding FPL bi11s for June in the Fairway taest - Fairway North area which showed a 50% increase in one month, however, all of the homes involved showed a 50~ increase in electrical conswnption for the period. The meeting was adjourned at 1Os24 P.M., upon motion by Little, seconded by Leone and unanimously passed. Respectfully submitted, ~~'~ obert Harp 74