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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_12/13/1983 ,` 2,\ 119 1 MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA November 22, 1983 A meeting was held by the Village Council of the Village of Tequesta at 7:30 P.M. , Tuesday, November 22, 1983 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Beddow, Brown, Little, Stoddard and Wagar. Also present were: Robert Harp, :.Cyrese Colbert, Village Clerk, Scott Ladd, Building Official • and John C. Randolph, Village Attorney. . The opening Prayer and Pledge of Allegiance to the Flag was given by Councilmember Wagar. Changes made and approved to the agenda were: add 1g. Chapel Court Retention area add 3j. Meeting with Assistant County Engineers on Wall (Stoddard) Mayor Stoddard announced that all arrangements have been cleared and he has received approval from Mr... Ernest Dorner to announce tonight that the Village is getting their Post Office. Mayor Stoddard announced that the Post Office will be north of Tequesta Drive and east of Old Dixie that it will have 44 parking spaces. The Post Office ihas received a long term lease with option to buy. Mayor Stoddard also said that the Post Office should be completed by June 1, 1984. The Building Official told Council that a Community Appearance Board meeting is scheduled for November 30, 1983. The Village Manager announced that the Village has received the "Certificate of Compliance for Financial Reporting" plaque from the Municipal Finance Officers Association of the United States and Canada. The Cerificate is presented to governmental units and public employee retirement systems whose comprehensive annual financial reports are judged to substantially conform to program standards. The Mayor congratulated Robert Harp, Village Manager and Bill Kascavelis, Finance Director for the fine work they are doing for the Village and the job well done for which they received the award. la. The first item on the agenda was Site Plan Review for Jupiter- Tequesta Professional Building - Addition. : Mr. George G. Gentile, g.b.s. Architect, was present representing Jupiter-Tequesta Professional Building owners, to answer any questions Council may have. Mr. Ladd, Building Official, told Council that this proposed addition had received the required variance from the Zoning Board of Adjustment on October 17, 1983 to the parking requirements of the Zoning Ordinance with the condition that the r 11-22-83 -02 reciprocal parking agreement be accepted by the Village Council. Council discussed with the Building Official the parking requirement for the building. Beddow told Council he felt there should be an additional addendum to schedule "A" that states, the Seller may use the adjacent parking area of the Jupiter-Tequesta Professional Building for parking on Sundays and Wednesday nights, and when such does not interfere with the parking requirements for the Jupiter-Tequesta Professional Building activities. Council agreed and Mr. Gentile agreed to include the wording in the addendum. The Village Attorney told Council and Mr. Gentile that the deed restriction should contain the perpetual parking agreement. The Building Official assured Council that he has no intentions of issuing a building permit for the Jupiter-Tequesta Professional Building until all documents are received and have the Village Attorney's approval. . Mayor Stoddard told Mr. Gentile there were a few points he needed cleared. 1. The sale contract expired on 10/29/83. Stoddard felt this made the contract null and void since this is 11/22/83. Mr. Gentile said an amendment would be made to the contract extending the time. 2. There are further documents that are necessary and will they be provided. Mr. Gentile assured that all documents necessary will be submitted. 3. In the letter of 10/07/83 from Mr. Gentile it states, ". .and other uses so described in the C-1 Zoning Category. . ." Mayor Stoddard was afraid this could include something besides the agreed upon drug store. Mr. Gentile said a new letter would be coming eliminating that part of the letter. 4. The approval would be subject to the zoning change and the deed restriction restricting .the height to one story. Beddow moved, "the approval of Site Plan Review for the Jupiter-Tequesta Professional Building addition subject to the various changes just suggested by Mayor Stoddard and with the addition to "Addendum to Schedule "A" suggested by me earlier and..agreed upon by Mr. Gentile". Little seconded and vote on the motion was: Beddow -for .:. Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lb. The next item on the agenda was Site Plan Review for the Lobster Shanty addition. Mr. John H. Adam, Attorney was present to represent Lobster Shanty. The Building Official told Council that the Lobster Shanty building is not presently in Tequesta and that only the south parking lot is in Tequesta. Lobster Shanty is requesting to annex into Tequesta. They have asked for a zoning variance, for the building line set back, from the Zoning Board of Adjustment and has received it. The Building Official showed sketches of the Site Plan Review. r ' 11-22-83 -03 Mr. Adam told Council that sewer for the restaurant will be made available around the first of the year. :.If sewer is not available at that time they hope to install a "holding tank" that will. be pumped daily until the sewer hook-up is available. Little moved, "to approve Site Plan Review subject to annexation". Beddow seconded and vote on the motion was: Beddow -for. Brown -for Little -for • Stoddard -for Wagar -for and therefore the motion was passed and adopted. • lc. The next item on the agenda was Site Plan Review for Fraser Engineering & Testing - sign. The Building Official told Council that the sign will be 22'x3'x2' exterior M.D.O. plywood, single faced. The background color will be black with imitation gold lettering and border. The sign will read, "Fraser Engineering and Testing"...and will be located at 308 Tequesta Drive. Little moved, "to approve Site Plan Review for Fraser Engineering & Testing signage". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. ld. The next item on the agenda was Site Plan Review for Gerald Grenough'. Fine Sportswear -:'.sign. This will be a new sign south of the existing sign. The sign will be 2'x7' pan face on existing sign frame background which will be a dark green with white letters. The sign will read "Where Beautiful.Women Shop". There will also be ivy and vines painted on panel to be attached in shades of green. This sign will be located at 263 U.S. Highway #1. Brown moved, "the sign for Gerald Grenough Fine Sportwear Site Plan Review be approved". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for . Wagar -for and therefore the motion was passed. and 'adopted. le. The next item on the agenda was Site Plan Review for Fireside Inn Sign. The Building Official explained the sign colors will be brown face, gold leaf lettering, black and gold border moulding. The sign will read, "Fireside Inn". The signs will be located at 177 Tequesta Drive. There will be two signs, one will be 4'x14' and the other sign will be 4'x7' . Beddow moved, "we approve Site Plan Review for the signsfor Fireside 11-22-83 -04 Inn". Wagar seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lf. The next item was Site Plan Review for Tequesta Fashion Square - additional free standing sign. The Building Official explained that the owner of Tequesta Fashion Mall, Mr. Ed Nelson has requested an additional free standing sign for hi's mall. The new one will be 214' south of the now existing sign and according to the Zoning Ordinance Mr. Nelson is allowed this sign. The sign will be 91/2'xll' with an overall.. height of 20' . Little moved, "to approve Site Plan Review for the additional free standing sign for Tequesta Fashion Square". Wagar seconded and vote on the motion was Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lg. The next item on the agenda was the discussion by residents of the Chapel Court retention ponds. Several residents from Tequesta Pines expressed concern with the retention pond that was built :for Chapel Court which abutts Tequesta Pines. Their concern was with the size, the depth and the lenght of time the water would be standing in:the pond at any one time. Some residents felt that Chapel Court subdivision was not keeping their promises made to the Village for the retention pond. The Village Manager told Council that Gee &Jenson has reviewed the pond as late as this afternoon and found it to be acceptable to the Village. Council instructed the Village Manager to check the depth and side slope of the retention pond with Gee & Jenson. Tequesta Pines residents also expressed dissatisfaction with three (3) wheel All Terrain Vehicles using Chapel Court subdivision vacant lots as a race track. The Village Attorney told Council and the residents of Tequesta Pines that the owner of Chapel Court subdivision should be contacted and asked that they install "No Trespassing" signs to help keep out these unlawful vehicles. The Police Department would have better control then. 2a. The Village Attorney read by "title" only an Ordinance entitled, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 319, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE, AT SECTION XVI, UNIFORM WATERWAY CONTROL, PROVIDING FOR AMENDMENTS AS TO THE REQUIRED LENGTH AND SQUARE FOOTAGE OF DOCKS AND PIERS AND FURTHER PROVIDING AN EXEMPTION FROM THE TERMS OF THE ORDINANCE FOR MOORING DEVISES SUCH AS BOAT LIFTS, DAVITS AND WHIPS; PROVIDING FOR 11-22-83 -05 CODIFICATION; PROVIDING FOR AN EFFECTION DATE. Little moved, "to approve this Ordinance on second reading". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore Ordinance No. 322 was passed and adopted. 2b. The Village Attorney read by "title" only an Ordinance entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA RESCINDING CHAPTER 13, SECTION 13.10 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA RELATING TO "IDENTIFICATION CARDS; REQUIREMENT; TERM; RENEWAL; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Little moved, "to approve this Ordinance on second reading". Brown seconded and vote on the motion was: Beddow -for ' Brown -for Little -for Stoddard . -for Wagar -for . and therefore the Ordinance No. 323 was passed and adopted. 2c. The Village Attorney read by "title" only and Ordinance entitled, AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING SECTIONS 6- 21, 6-22, 6-42, 6-61, 6-81, 6-101, 6-102, 6-121, 6-122, OF THE VILLAGE CODE OF ORDINANCES, TO PROVIDE FOR THE ADOPTION OF THE STANDARD BUILDING CODE, 1982 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD BUILDING CODE, 1982 EDITION, THE UNIFORM, MINIMUM COUNTY-WIDE AMENDMENT TO THE NATIONAL ELECTRICAL CODE, 1981 EDITION, THE STANDARD GAS CODE, 1982 EDITION, THE STANDARD HOUSING CODE, 1982 EDITION, THE STANDARD MECHANICAL CODE, 1982 EDITION, THE UNIFORM, MINIMUM COUNTYWIDE AMENDMENT TO THE STANDARD MECHANICAL CODE, 1982 EDITION, THE STANDARD PLUMBING CODE, 1982 EDITION, THE UNIFORM, MINIMUM COUNTY-WIDE AMENDMENT TO THE STANDARD PLUMBING CODE, 1982 EDITION, THE DELETION OF SECTION 6- 62 OF THE VILLAGE CODE AND THE ADOPTION OF THE STANDARD SWIMMING POOL CODE, 1982 EDITION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Beddow moved, "the adoption, on second reading, of the Code Ordinance". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore Ordinance No. 324 was passed and adopted. 2d. The Village Attorney read by "title" only an Ordinance entitled, AN ORDINANCE OF THE VILLAGE OF TEQUESTA ANNEXING CERTAIN PARCELS OF LAND DESCRIBED HEREIN TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA 11-22-83 -06 (Lobster Shanty). Little moved, "to approve Ordinance on second reading". Wagar seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore Ordinance No. 325 was passed and adopted. 2e. The next item on the agenda was the approval for submitting request to Palm Beach County for a waiver for zoning change for Lobster Shanty. The Village Attorney told Council he was not sure if Florida law that says the zoning of the County prevails for parcels of land being annexed into a municipalities, unless a waiver is granted by the County, applies in this case but to be safe he would like a motion passed asking Palm Beach County for a waiver. Beddow moved, "that Palm Beach County be requested to waive their zoning in favor of the Village's C-2 zoning and that the Village Manager be authorized to write a letter to that effect". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for:. Wagar -for and therefore the motion was passed and adopted. • 2f. The Village Attorney read by "title" only AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE SO AS TO PROVIDE A ZONING CHANGE FOR THE PROPERTY DESCRIBED HEREIN FROM R-1, SINGLE FAMILY DWELLING DISTRICT to C-1, NEIGHBORHOOD COMMERICAL DISTRICT AND FURTHER AMENDING THE ADOPTED COMPREHENSIVE PLAN OF THE .VILLAGE OF TEQUESTA BY PROVIDING A LAND USE CLASSIFICATION CONSISTENT WITH THE C-1 NEIGHBORHOOD COMMERICAL DISTRICT. (Jupiter-Tequesta Professional Building) Little moved, "to approve this Ordinance on second reading". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for • Wagar -for • and therefore Ordinance No. 326 was passed and adopted. 2g. The next item on the agenda was first reading of an Ordinance for Village conformance with Chapter 83-498 - Uniform Filing and Uniform Election Dates. The Village Attorney explained this was a housekeeping matter to bring the Village filing dates in conformity with Palm Beach County. State law provides that this Charter change could be made without a referendum. Brown moved, "to approve on first reading". Little seconded and vote on the motion was: 11-22-83 -07 • Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. 2h. The Village Manager reminded Council that he had sent a memorandum to them on November 18, 1983 explaining that Loxahatchee River Environmental Control District has requested they be allowed easements along the south, east and west sides of Well-Field No. 1, together with a lift station in the southwest corner of the well field, from the Village. The construction easements will vary from 30 to 40 feet depending upon location and permanent easements will vary from 10 to 30 feet depending upon location. Both:..temporary:construction:and permanent easements will be required. The Village Manager told Council the easements had been submitted to Gee & Jenson and they feel that now would be the proper time to provide for the plugging and abandonment of the four wells in WeliField No. 1. There is only one of the wells in operating condition in that area. Mr. Jim Worth, Water Department Superintendent concurs in the abandonment of the wells in Well Field No. 1, mainly because it has been 10 years since any of the water from Well Field No. 1 has been used. The estimated contractors costs for plugging and abandoning the wells is $10,000. The Loxahatchee River Environmental Control District (ENCON) has indicated they would share that cost by $5,000. Several of the Councilmembers felt that since ENCON needs the easement that they should pay the entire cost of $10,000. Mr. Barry Byrd Consulting Attorney for ENCON told Council that if ENCON pays the entire cost of $10,000. then that assessment would be passed on to those property owners in Tequesta who would eventually be on the system in that area. Council asked ENCON to prepare some figures on what property owners in that area will pay if the Village and ENCON share the expense and the figures if ENCON where to pay the entire bill of $10,000. Council tabled this until the December 13, 1983 Council Meeting. 2j. The next item on the agenda was the discussion of the letter from Attorney Broome, Jupiter Inlet District in re: removal of siltation from Loxahatchee River at the mouth of the drainage ditch west of Riverside Drive. Attorney Broome, Jupiter Inlet District, sent a letter to the Mayors of Jupiter and Tequesta explaining their plans for removal of siltation in the river which they feel is a result of the Dover Ditch. The letter also stated that the cost of this removal would be divided between Jupiter and Tequesta, as agreed upon between Jupiter and Tequesta. Councilmembers Beddow and Little stated that they never agreed upon sharing of cost with Jupiter and are opposed to spending any money on this. Neither Councilmember feels this is a liability of the Village. 11-22-83 -08 The Village Attorney told Council he would write a letter to Attorney Broome, to set the record straight that the Village of Tequesta has not agreed to share the expense. The Village Attorney said he would also ask Mr. Broome why he wrote that in his letter. Councilmember Little said that Jupiter Inlet District is a separate taxing district and the removal of the siltation is •within their jurisdictionand their function as Jupiter Inlet District. 3a. Council discussed with Gary Preston, Recreation Director, the • proposed construction of new restroom facilities for Tequesta Park. Little moved, "that Gary Preston.. (Recreation Director) go ahead and draw up the specifications for the new restroom facilities and bring them back to Council before going out to bid and that the funds become available from the Park Land Contribution Account to cover the cost of drawing up the specifications and plans". Wagar seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. 3b. The next item on the agenda was the bids for two (2) new police cars. In a memorandum to Council the Village Manager informed Council that $19,080. has been budgeted for the cars. $18,500 would be from Federal Revenue Sharing Funds and $580. would be from General Fund. The • low bidder for the cars was Bill Redditt Ford, Inc. in the amount of $19,900. The Village Manager told Council that the President has not signed the bill for Federal Revenue Sharing as of this date so he is not sure how much money we will receive, or if we will receive anything. Beddow moved, "that we reconsider this at our December 13, 1983 Council Meeting". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -against Stoddard -for Wagar -for and therefore the motion was passed and adopted. 3c. The next item on the agenda was the consideration of appointment to TAC for Martin County Transportation Network Capacity and Management Study. Beddow moved, "that the Mayor be appointed and given power to suggest one or two alternates in case he can't attend the meetings". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for • 11-22-83 -09 and therefore the motion was passed and adopted. 3d. Mayor Stoddard told Council that the F.E.C. Railway has indicated that it will sell its property necessary for drainage purposes to Jupiter . and Tequesta for a cost of $1.75 per square foot. A lengthy discussion followed with some of Council feeling that FEC should join in the cost of the proposed drainage improvements in that area because it will be taking water off of their property also. Little moved, "that we close discussion". Wagar seconded and vote on the motion was: Beddow -for - Brown -for Little -for Stoddard -for Wagar -for • and therefore the motion was passed and adotped. 3e. The Village Manager explained his memo:: of November 18, 1983 to Council on the Tequesta Drive - Dover Road Drainage Improvement Project - Water Main. The estimated total cost is $10,600. which includes the contract amount 'of $8,500. , the engineering cost of $1,500. and the inspection cost of $600. The Village Manager and Gee & Jenson recommended that the payment be authorized and out :of the Water Department Renewal and Replacement Fund. Beddow moved, "the approval of the water line relocation including new water main, fittings, etc. engineering and inspection in the amount of $10,600. and that amount is to be paid for out of the Water Department Renewal and Replacement Fund". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adotped. 3f. The next item was the 1982/83 Budget Amendments. Beddow moved, "the amendments to the 1982/83 Budgets be approved as submitted (copy is attached and have become part of these minutes) in the November 21, 1983 memorandum to the Village Manager from. the Finance Director". Little seconded and vote on the motion was: • Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. 3g. Little moved, "approval of six (6) month temporary developer's sign for Cypress Villas". Brown seconded and vote on the motion was: Beddow -for Brown -for • Little -for Stoddard -for Wagar -for 11-22-83 -10 and therefore the motion was passed and adopted. 3h. Wagar moved, "approval of renewal for six (6) month for temporary developer's sign for Chapel Court". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. Council agreed that they would bring the problem of the three (3) wheel ATV problem up to the developer when he comes before Council for final plat approval if the problem has not corrected itself by that time. • 3i. Vice-Mayor Beddow complimented Bill Kascavelis, Finance Director on the fine work he has done with the proposals for the employees Group Health and Term Life Insurance, which will result in an annual savings of $26,464.20. to the Village. The Finance .Director told Council that he had worked on this with the help of LarryWilkes, Agent of Record, who had gotten together the analysis sheet of fourteen Group Health Insurance Plans. The Village Manager and Finance Director recommends awarding the Group Health and Term Life Insurance to the Florida Municipal Health Trust. Fund effective December 1, 1983. Beddow moved, "that we follow the direction as contained in Mr. Harp's memorandum of November 21, 1983 (copy is attached)". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar . -for and therefore the motion was passed and adotped. Council expressed their appreciation to Mr. Wilkes and the help he has given the Village. 3j.. Mayor Stoddard told Council that the Village Manager and himself met with Rinker and Palm Beach County on the proposed Rinker Wall along Old Dixie. The County will allow certain areas of the wall to be a height of only three (3) feet because of the traffic barrier it may cause. The wall will have to go before the C.A.B. again and then maybe it could come before Council, Mayor Stoddard told Council. The Minutes of the October 11, 1983 and October 25, 1983 Council Meeting were received. The Village Manager's Report for October 23 - November 19, 1983, the Village Financial Statement for September 1983 and the Water Department Financial Statement for September 1983 were all received. The meeting was adjourned at 11:08 P.M. 11-22-83 -11 Cyrese C lbert Date Approved • Thomas J. Beddow Lee M. Brown Thomas J. Little S Carlton D. Stoddard William E. Wagar