HomeMy WebLinkAboutMinutes_Regular_06/12/1973MINUTES OF THE MEETING OF THE COUNCIII~T OF
THE VILLAGE OF TEQFfE.STA, FLORIDA
The first Regular Council Meeting of the month of Jtme was
held at ?:30 P.M., Tuesday, June 12, 1973 at the Village Hall.
Couiaci]men present were: Messrs. Little, Frank, Leone and Del Ninno.
Mayor Russell was out of town and not in attendance. Also present
were Robert Harp, Village Manager and Clerk and Christopher H. Cook.
Village Attorhey. The meeting was chaired by Vice~iayor Little.
Thy meeting was opened with Prayrer and the Pledge of
Allegiance to the Flag by Councilman Frank.
Upon motion by Frank, seconded by Leone and unanimously
passed, the minutes of the May 22, 1973 Regular Council Meeting;
minutes of the May 24 and 25, 1973 Public Hearings and May 28, 1973
Special Council-Meeting were approved.
Councilman Leone presented the Water Committee report,
advising that negotiations were continuing with various property
owners for easements; a letter contract had been sent to Alsay
Drilling to drill a 300 foot deep test well on the Kandell property;
a different filter from Permutit Co~any was expected to be devered
the first of next week for testing purposes. Councilman Leone reported
• on the June 4, 1973 letter from Mr. Don L. Osha, Water Department
Consulting Engineer, Brockway, Owen ~ Anderson Engineers, Inc,,
suggesting the Village consider retaining other engineers for the
provision of future engineering services-for the water system because
of a possib3~conflict of interest, since they are also providing
consulting, engineering services to the Loxahatchee River Environmental
Control District in their water manag+e~ent program. He suggested
considering the fig of Gee €~ Jenson as Water Department Consulting
Engineers.
Councilman Del'Ninno referred Councils attention to a
recent letter from County Commissioner Culpepper which advised the
County would look into the poor condition of the Tequesta Drive, Old
Dixie Highway intersection. The Village Manager reported that traffic
counters had been observed in the area of the intersection recently.
Vice-Mayor Little asked the Village Manager to review the
matter of a Village,Recreation Director. The Village Manager adv3.sed
it was the ~ inic~h ~ Vice~Iayor Little and himself that` the person
hired for the po$itioa should. be qualified. to plan for the develop---
ment of Tequesta Park (Kiwanis) and other. park areas that might be
made available to the Village for. its recreation program and plan and
ada-inistrate the Villages recreation program. It wan believed that
such a qualified person could be hired at a starting annual salary of
$9,0~. and sc~e guide lines were needed on the matter of salary so
potential ca~#dide~tes for the position could be interviewed. Counci]~ma,a
Del Ninno said he`believed the-scope of the position should be clearly
defined. .The Coumcilman agreed that the Village Manager and Vice-
Mayor should work on a salary basis of $9,f100. for a Recreation
Director,
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Pice-Mayor Little advised that the next item on the Agenda
was the second reading by title only of an ordinance providing for a
change in zoning classification from R-1 to R-2 classification for
parcels of land owned by Karl A, Kandell Associates, Inc. and DiPosta
Constriction Coffipany. The first reading of the orda~nance was read
and approved 4-l at the May 28, 1973 Special Council Meeting. Mr.
Karl A, Kandell requested the floor. He advised that he understood
a referendum petition to bring the ordinance to a vote of the electors
in the event the Council should approve the second reading was being
circulated throughout the Pillage. He further said he aid Mr. DiPosta
belieeed their original plans for the lands was the best type of
development for the Fillage and that there was apparently a lot of
confusion and misunderstanding of exactly what they intended to do.
Mr. Kandell, speaking for both ~mself and Mr. DiPosta, who was also
in attendance, requested that their request for re-zoning of their
parcels of lead be withdrawn. The Fillage Attorney advised that a
motion to withdraw the re-zoning ordinance would be in order. Leone
moved, seconded by Del Idinno and *u~an~~+usly passed that the ordinaance
providing for the parcels of land owned by Karl A. Kandell & Associates,
Inc, and DiVosta Construction Company be withdrawn.- Fice~iayor Little
thanked the people in attendance for their interest in the matter.
Pice~fayor Little commended Rev. Wilbur Parker and thaaked
him for his past service to the area. Rev. Parker is to become a
Chaplain at Fort Hood. The Fice-~+Iayor also conanended the Police
Department for their successful work in apprehending two persons
committing vandalism to rural post office boxes i.n the Fillage
recently.
The Fillage Attorney>passed out copies of a new ordinance-
for controlling work hours, etc. for the Councilmen to review. The.
Pillage Attorney then discussed a recent court case which rerl.ed the
Town of Palm Beach zoning code invalid because the zoning committee
had not held public meetings. He said he had not seen the report on
the case as yet and could not propex'ly comment until such time as he
had read the case. He stated the Pillages new zoning ordinance was
developed in a similar manner with public hearings being held after
the document had been reviewed and drafted. He said he understood
the decision was being appealed to the Supreme Court and that public
hearings are not apparently enough to .save the code. The Pillage
Attorney is trying to get a report on the case to review same. The
Pillage Attorney then discussed .the suit against the Pillage, Pillage
Building Official and Mr. DiFosta to enjoin the Pillage and revoke
the building pexutit for Tequesta .Towers on Beach Road presentlg Wider
construction. The suit is over the height of the building allegedly
exceeding 100 feet. Mr. Cook said the Pillage is bound to defend the
suit in good faith and spoke of the Pillage using expeaet witnesses in
its behalf. The Fillage Attorney advised the hearing on the taking
of the Beacon Street right-of way was scheduled for Monday, June 18,
1973. Mr. Cook advised he` had been asked for a .clarification of the
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`' phrase "passenger vehicles" in the new Zoning Ordinance.. He said
there is a lot of law on the words and that (1) a truck can be a
passenger vehicle (2) a van is not a passenger vehicle (3) a
Volkswagen van is a passenger vehicle if need for that purpose
(4) there is ambiguity in the phrase and some other methods of
determining-are (1) use to which vehicle is put (2) type of registration
(3) an RV tag would make it a recreation vehicle (4) intent for use as
a passenger vehicle only.
The Councilmen returned to the matter of the proposed new
work ordinance. Police Chief Dusenbery said he did not believe it
covered all the potential problems, such as sodding lawns, etc.,.
with the use of heavy e~quipmeat. Councilman Frank suggested the
ordinance should curta~:l all hired help or contract services except
in the case of emergencies. Mr. Cook suggested the prohibition of
outside work. Mr. Cook said he believed h~ knows what type of
ordinance the Council wants and will px~pare a new ordinance to
prohibit contract work aad at the Vice-Mayors suggestion agreed to
have the ordinance in the Couacilmen~s hands prior to the meeting.
iTpon motion by ,Frank, seconded by Leone and unanimee.sly
passed, the Council approved usiag the 1973 Federal Revenue Sharing
Funds in the amount of $7,516.00 for the traffic signal at the
Tequesta Drive~eabrook Road intersection:
• The Village Manager advised he had a copy of the March 1973
WPB~TATS Policy Manual and Handbook in the office if anyone desired to
look at it, He also reported on the June 8, 1973 letter from the
Science Musium and Pianetariutn requesting that the Village write to
County Commission Chairman Lytal advising the County Conmmission that
the Village supports the recent Palm Beach County Municipal League
resolution to request the County to give increased support to the
Museum. Counci]man Frank moved that such a letter be writtea. The
motion died for lack of a second with the Councilmen feeling that
County support would come partially from Village taxpayers, It was
reported-the River Edge Club is putting in its own water supply
system. Mr. Peter Stoker, a resident of Tequesta, questioned why he
cant get a building permit to build a residence in Tequesta when
Martin County is granting permits, even though both are on the Village
water system. He was advised the Village has no jurisdiction in
Martin County as far as building permits are concerned, but the
construction is not on the Village water system. He wanted to know
if everyone is paying a common share-for development of water suppla~es
for the Village water system. Counci]man Leone advised that Village
tax dollars do not get into the Water Department. He questioned why
he, a Tequesta resident, could not get a ~xilding permit to build
without water if he wanted to take a chance he would not get a certi-
ficate of occupancy upon completion. He asked what is being done to
get additional water for Tequesta and Councilman Leone advised of the
Water Committees work and recent actions of the Village Council
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approving studies, etc. Mr. Leone further advised a firm date for
lifting of the moratoriwm could not be given at this time., Mr.
Stoher again questioned why gilding permits could not be issued
without water. The Building Official explained that wells were
permitted providing the Health Department approved them for potability.
It was stated Palm Beach County Health Department is not approving
wells for household use. There could not be a certificate of
occupancy issued if the building did not have water. Councilman
Leone said the plumbing system had to be tested under water pressure.
Mr. Cook said most construction is built by use of construction loans
but without water there would be a possibility of bankruptcy for
the person building. Councilman Leone asked where the Council would
be if a building was permitted to be built without water, is completed
and ready for occupancy. The village Attorney suggested not issuing
permits unless the water problem for the structure is resolved.
Captain Coleman asked about transferring of water rights such as he
understood one owner transferred frc~ a lot he owned in Turtle Greek
to a lot he owned in Tequesta. This would not be a change in water
consumption. It was stated this was not a particular problem if the
same owner owned both lots involved. Councilman Leone suggested that
the Water Department be prohibited from giving water if a tap is sold
from one owner to another. Leone moved, seconded by Del Ninno and
unanimously passed that the Water Department not allow the sale of
outstanding water taps in conjunction with their transfer from one
lot to another lot. At the request of Mr. Tom Lafferty, President
of the Beach Road Association, the Building Inspector advised the
'type of transfer referred to by Captain Coleman. Mr. Baron said it
sounds like the Water Department tells the village what to do.
Captain Coleman said the transfer referred to was to the benefit of
the village since taxes would be derived from the residence in the
Village. Mr. Darcy suggested we move on to the next item of business.
The village Manager advised-the building department had
recently received applications for permits to construct swimming
pools with patios and screen enclosures and they were eacceeding the-
maximum of 35~ lot coverage. T'he Building Official said there were
five such cases now. Mr. Corddry said that it was the intent when
the new Zoning Ordinance was written that swimming pools, patios and
screen enclosures be included in the lot coverage computation. Mr.
E. Dunham suggested that people dontt have to build large pools and
that the Zoning Board of Adjustment has turned down requests.
(hirers must prove hardship. dir. Butterfield said all the problem
polls fall within the setback requirements but exceeded the allowable
lot coverage. The village Attorney said any applicant for a variance
would have to show a hardship and if too many of these problems arise,
perhaps this aspect of the Zoning Ordinance should be reviewed.
The village Manager advised that 50 additional chairs for
the village Hall, the same as are .already in use, could still be
purchased from Tucker and Johnson. The net price delivered would be
$25.07 each or $1,253.50 for 50 chairs. He further advised the
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capacity of the Hall was computed to be 159 persons. .Frank moved,
seconded by Leone and unanimously passed that the Village Manager
purchase 50 additional chairs at a cost of $1,253.50. Mr. Shay
suggested the use of a lectern for persons wanting to address the
Council and was advised that one was being built. The matter of post-
ing and publishing the meeting agenda was discussed and the Village
Manager advised it could usually be posted on the bulletin board on
Friday prior to the meeting. The Jupiter-Tequesta Outlook said they
could publish it on Sunday. A resident of Tequesta Gardens asked
about the parking of recreation vehicles if it goes away. and comes back
the same-day and the Village Attorney said it was his opinion it could
be parked one time only in a 30 day period. Mr. Lafferty asked about
the legality of a referendum of the Zoning Ordinance if it should be
found to be illegal. The Village Attorney said he was not sure but
the;'~pproval at a:referendwa should have some bearing on the situation.
Mrs, Marjorie Ross, a resident of Waten~ray Village, spoke of the
problem at the rear of Waterway Pillage since some of the Australian
Pine trees had died off. Vice~Iayor Little asked the Building Official
to look into the situation. Councilman Frank suggested that Waterway
Village be annezed and then perhaps the problem could be talked about.
Mr. Ed Sardinha, a resident of Waterway Village, complained about late
eight noise at the Royal Lion Restaurant, around midnight, and the
9ice-Mayor asked the Police Chief to look into the matter.
The Pillage Manager reported some of the trees received as
a gift from the Chamber of Commerce would be pleated on the north side
of Bridge Road behind the Tequesta Plaza Shopping area. The Village
Manager advised that Mayor Russell had asked him to ask the Council
about having the residential districts fall-under the Community
Appearance Board Ordinance, but the Zoning Review Committee said they
had not considered this matter. The Pillage Manager reported that
the Community Appearance Board had met on June 7, 1973 with Col. Frank
Griffith appointed Chairman, Roger W. Fulling, Vice-Chairman and
Robert Harp, Secretary, The Pillage Manager advised that tentative
approval had been given by the State Department of Transportation for
the construction of a bicycle path on the west side of SR 7O? (Beach
Road) for a distance of approximately .4 of a mile and that the
Building Official and Pillage Manager would prepare a plan of the
path to submit for the Department of Transportations approval.- The
Pillage Manager advised of the receipt of a new County Obscenity
Qrdinance and that the State had recently passed a new obscenity law.
A copy of the new County ordinance will be sent to the Village Attorney
to review in conjunction with the Villages existing ordinance and the
new State Statute.
Mr. Skinner of Beach Road said he was glad to hear that the
bicycle path. would be constructed on Beach. Road but complained about
the speeding on the curve east of the Bridge and again asked for a
signal light geared to speeds of vehicles to stop such speeding or
some other such type of control.
There being no further business the meeting adjourned at
9.25 P.M,~
Respectfully submitted,
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