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HomeMy WebLinkAboutMinutes_Regular_8/24/1982 MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTQ,FLORIDA August 24, 1982 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:30 P.M. , Tuesday, August 24, 1982 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were. Beddow, Brown, Little and Stoddard. Mapes had advised he would be on vacation. Also present were: Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. The Village Manager had also advised he would be on vacation. The opening Prayer and Pledge of Allegiance to the Flag was given by Councilmember Little. Councilmember Beddow "Welcomed" Jupiter High School students that were present at this meeting. Changes made and approved to the agenda were: add ld. Joint Rinker Workshop Meeting (Matt Bressler, Jupiter) add 2c. Zoning Ordinance Revisions for Flood Hazard areas add 2d. Building Moratorium Ordinance add 2e. Report on Connector Road add 2f. Letter from Daytona Beach Shores Mr. Cotter Christian, Gee & Jenson, told Council he was here to brief Council on the proposed contract. The Change Order covers additional restoration work which was not included in the original schedule of bid items from River Construction Services, Inc. Mr. Christian explained that item No. CO-3-01 covered replacement of removed asphalt pavement in the Conch Cove parking lot over the water main trench. This had not been included in the original bid because of the overall poor condition, but the property owner has now informed the Village that there are no imminent plans for development and has requested that the pavement be restored. Mr. Christian also told Council that the contractor performed this work without prior authorization from the Village and the engineer. The . cost of this is no more expensive now than if it had beeen included in the original schedule of bid items, but Gee & Jenson still took a negative view of this and so did Council. The second item No. CO-3-02 provides for the installation of a shellrock layer along portions of the west right-of-way of SR 707, directly across the road from three homes in southern Martin County. In a letter 08-24-82 -02 from Mr.. Christian it states, "these homeowners and the Town of Jupiter Island Manager have stated that shellrock had been placed along these areas and had been disturbed during construction". These areas have been compacted, seeded and mulched but here have been people getting vehicles stuck in these areas. The Town Manager has also informed Gee & Jenson that the contractor will not be permitted to do any additional work within the town limits until this problem is rectified. The cost of item CO-3-01 (driveway replacemnt) was $5,160. the cost of CO-3-02 (shell rock replacement) was $1,666. for a total change order of $6,826.00. • Brown thought the price of $12.00 per square yard for the driveway replacement was too high and the Village could have gotten a better price from someone else if the job had not been done. Brown also felt it should just be the cost and labor. Brown wanted Gee & Jenson to go back and negotiate with River Construction for a better price and Council agreed. Brown moved, "that the approval of item No. CO-3-02 of Change Order #3 be approved for 595 square yards of shell rock replacement along the west right-of-way of SR 707 for $1,666.00". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adotped. Mr. Christian also told Council that the plans for the Tequesta Drive-North Dover drainage improvement project were 30% completed. The next item on the agenda was the consideration of erection . of an additional pole sign for "Lord Chumley's". Scott Ladd, Building Official told Council that Lord Chumley restaurant has requested an additional pole sign, but since there are already three (3) non conforming pole signs for that plaza this sign would become the fourth non-conforming sign in the plaza. The existing sign would become the sign for the "Meat Market" and the new sign would be for the restaurant. Council talked about the signs that are presently there and how the Village goes about making the signs in the plaza conform to the "Sign Ordinance". The Village Attorney pointed out that is Sec. 16.13 REMOVAL OF UNSAFE OR UNLAWFUL SIGNS of the Village Code it provides a time table but this section should be reviewed with the revising of the Zoning Ordinance. The Village Attorney advised Council that a precedent should not be set by allowing another non-conforming pole sign for the Village Square Shopping Center. Beddow moved, "to deny the request for Lord Chumley's for the additional pole sign". Brown seconded and vote on the motion was: - 08-24-82 -03 Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adopted. Mr. Stacey Thomas, of the Community School Program, briefed Council on the Program and the services it provides. Mr. Thomas told Council that the program has served over 3900 people this year alone and is getting bigger and better. ,Beddow moved, "we authorize the approval of the acceptance of the Agreement between the School Board of Palm Beach County and the Village • of Tequesta for Community School Program starting October 1, 1982". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adopted. Mr. Matt Bressler, Vice-Mayor Town of Jupiter was present and told _ Council he feels a Workshop Meeting should be set up between Tequesta, Jupiter and Rinker Materials Inc. before any approvals are given to Rinker to build, remodel or:.improve their plant on Old Dixie. . Part of Rinker is • in Jupiter Town limits and the other part is in Tequesta Village limits. Council agreed that a joint Workshop meeting should be held. Brown moved, "that a Workshop Meeting be set between Jupiter, Tequesta and Rinker Materials , Inc.". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Attorney read by title, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA IDENTIFYING SERVICES RENDERED BY PALM'BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL BENEFIT TO PROPERTY OR RESIDENTS WITHIN THE VILLAGE OF TEQUESTA AND WHICH ARE FINANCED FROM COUNTYWIDE REVENUES AND AD VALOREM TAXES: PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO DEVELOP APPROPRIATE - MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6)(a) AND (7) FLORIDA STATUTES; DIRECTING THE VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Beddow moved, "we approve the Resolution as presented". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore Resolution No. 20-81/82 was passed and adopted. 08-24-82 -04 The Village Attorney read by title, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 25 OF THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE RELATING TO FLOOD HAZARD AREAS BY AMENDING SECTION 25.2 TO INCLUDE DEFINITIONS OF "FLOOR" AND "COASTAL HIGH HAZARD AREA"; BY AMENDING SECTION 25.3 SO AS TO UPDATE THE FEDERAL EMERGENCY MANAGEMENT AGENCY SCIENTIFIC AND ENGINEERING REPORT ENTITLED "FLOOD INSURANCE STUDY - WAVE HEIGHT ANALYSIS - VILLAGE OF TEQUESTA, FLORIDA"; BY ADDING A NEW SECTION PROVIDING REQUIREMENTS FOR CONSTRUCTION IN THE "COASTAL HIGH HAZARD AREA (V-ZONES)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The Village Attorney advised Council that the Village has received notification from the Federal Emergency Management Agency that the Village of Tequesta's eligibility for participation in the National Flood Insurance' Program is suspended pursuant to Section 59.24 of the Program regulations on September 30, 1982 if Tequesta does not submit legally enforce- able flood plain management measures which satisfy the requirements of Section 60.3(e) on or before that date. He also told Council that the Village would be in compliance with the FEMA standards if it amended the Official Zoning Ordinance to include those areas listed in the proposed Ordinance. Beddow moved, "to approve the Ordinance on first reading". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore the first reading of the Ordinance was passed and adopted. The Village Attorney read by title, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING A CONTINUED TEMPORARY . MORATORIUM UPON APPLICATIONS FOR BUILDING PERMITS FOR THE CONSTRUCTION OF BUILDINGS AND STRUCTURES WITHIN ALL COMMERCIAL AND MULTI-FAMILY ZONING DISTRICTS OF THE VILLAGE; MAKING LEGISLATIVE FINDINGS OF FACT: DELCARING THE INTENT AND PURPOSE OF THIS ORDINANCE; PROVIDING FOR EXCEPTIONS; PROVIDING FOR WAIVERS FROM THE ORDINANCE AND ESTABLISHING A PROCEDURE FOR PROCESSING " APPLICATIONS FOR WAIVER; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE.and explained to Council that this is similiar to the recent Building Moratorium Ordinance that had been adopted, but this Ordinance would give an extension on the date the building moratorium would be in effect. This is to give the Village some more time to adopt the new Zoning Ordinance. Council told the Attorney they had no problem with the Ordinance but agreed the repeal date should be changed from December 15, 1982 to January 15, 1983. Beddow moved, "with the change of December 15, 1982 to January 15, 1983 the Ordinance be approved on first reading". Brown seconded and vote on the motion was: Beddow -for • Brown -for Little -for Stoddard -for and therefore the first reading of the Ordinance was passed and adopted. Beddow moved, "that the Building Official not approve plans because. "Zoning in Progress" has been declared". Brown seconded and vote on the motion was: 08-24-82 -05 Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Attorney reported to Council that the Martin County. Commissioner's Staff was not prepared to change their prior recommendations about the opening of the construction gate into Turtle Creek. Our Village Attorney told Martin County that he would like to meet with Martin County's Engineers along with the Village's Engineers, but he has been out of town and unable to set up the meeting. Because of being unable to set up the meeting Martin County had to recommend at their last meeting that this item be status quo. Beddow moved, "that the Village Attorney proceed to arrange the meeting with Martin County's staff promtly and to get whatever profess Tonal help he needs". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Attorney told Council that there are a lot of municipal- ities that are unhappy with the distribution of the one-half cent sales tax. He reviewed a letter form the City of Daytona Beach Shores dated August 17, 1982. The City of Daytona Beach Shores pointed out in the letter that the 2 cent sales tax collected was to reduce ad valorem taxes within counties and municipalities but the formula for distribution within the county was made on a per capita basis and ignored the ad valorem tax base. The letter pointed out that Tequesta will receive $108,857. but had it been computed on the Village's ad valorem tax base, we would have received $178,000. The. City of Daytona Beach Shores was contemplating litigation and would like participation from other smaller municipalities at an approximate cost of $1,000.00 from each municipalty. The Village Attorney advised that he thinks it is premature at this point and that if anything is done in the way of a law suit it should be done with the Local Municipal League. The Village Council authorized the Village Attorney to send a letter to the City of Daytona Shores and tell them to keep us informed but that the Village is not ready to enter into any lawsuit at this time. The Village Attorney gave the Village Council an up-to-date report of the Dickerson Law Suit. Beddow moved, "the appointment of William G. Kirkland as an alternate member to the Zoning Board of Adjustment". Brown seconded and vote on the motion was: Beddow -for • Brown -for Little -for Stoddard -for 08-24-82 -06 and therefore the motion was passed and adopted and William G. Kirkland was appointed as an alternate member to the Zoning Board of Adjustment which appointment would expire on December 31, 1983. The minutes of the May 25, .1982 Council Meeting, the minutes of the July 27, 1982 Council Meeting (with corrections), the Village Manager's Report July 25, 1982 to August 13, 1982, the Village Financial Statement for July 1982 and the Water Department Financial Statement for July 1982 were all received. The meeting was adjourned at 10:03 P.M. 22, /MBle-421- Cyres Colbert Date Approved Thomas J. Beddow Lee M. Brown Thomas J. Little. Term expired 03-22-83 i W.H. Mapes, Jr.