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HomeMy WebLinkAboutMinutes_Regular_5/12/1981 i MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA May 12, 1981 A meeting of the Council of the Village of Tequesta , Florida, was held at 7:30 P.M. , Tuesday, May 12, 1981. The meeting was held in the Village will, 357 Tequesta Drive, Tequesta , Florida. Councilmembers present were Brown, Cook, Little, Mapes and Stoddard. Also present were Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. The opening Prayer and Pledge of Allegiance to the Flag was given by Councilmember Cook. There were no announcements. Changes made to the agenda were: Add 2b. - Water Connection Moratorium. Add 2c. - Additional Capital Improvement Charge Add 4d. - Final Payment of Wells There was no one under time for visitors. The Village Attorney read in full an Ordinance entitled, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROHIBITING THE USE OF TEQUESTA DRIVE AND COUNTRY CLUB DRIVE WITHIN THE VILLAGE OF TEQUESTA BY TRUCKS AND TRUCK TRACTORS IN EXCESS OF 5 ,000 POUNDS IN WEIGHT, TRACTOR CRANES, POWER SHOVELS, WELL DRILLERS AND SIMILAR VEHICLES; PROVIDING EXEMPTION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. The Attorney reviewed this Ordinance with the Council. There were a few changes made in Section 3 , Exception: (b ) Well Drillers was added and Anchorage Point (Point Drive and Rio Vista Drive) was also added to this subsection. Stoddard moved, "that we on first readingsadopt this Ordinance prohibiting the use of Tequesta. Drive and Country Club Drive within the Village of Tequesta by trucks and truck tractors, etc. in excess of 5 ,000 pounds in weight3as read". Little seconded and vote on the motion was: Brown -for Cook -for Little -for Mapes -for Stoddard -for 05-12-81 -02 and therefore the motion was passed and adopted. Mr. Cotter Christian, Gee & Jenson was present and reviewed with Council the May 11, 1981 letter from John McKune, P.E . , Vice-President , Gee & Jenson to Council. Mr. Christian gave the audience a brief history on the Village 's attempt to obtain all permits required for the construction of a subaqueous water main across the Intracoastal Waterway to Jupiter Island. Last week the Army Corps of Engineers notified Gee & Jenson that their general permit for the crossing which had been issued in October 19$1 has been rescinded. The application will have to be resubmitted through the Corps Jacksonville office. Up until that time the only permit the Village needed was a dredge and fill permit to be issued by the State Department of Environmental Regulation. Gee & Jenson believes the new crossing could not be functional for at least another year. They recommended that the Village Council enact a moratorium on all water connections on Jupiter Island (subject to individual permit review) until such time that a contract for the construction of the water main crossing is executed. Mr. Christian told Council there are four (4) condo buildings on Jupiter Island that we have told we would supply water to them and that we are obligated to service them. Mr. Dallas Durham, Gee & Jenson, told Council that the Army Corps of Engineers told Gee & Jenson that the approval' of their permit was issued in error. Mr. Frank Ryan, Jupiter Island Beach Company owner, told Council that he has received from D.E.R. a permit to replace the subanueous pipe crossing the Intracoastal that serves his companyts franchise area . Mr. Ryan told Council he could replace the pipe with a larger pipe, He also told Council he does not want to be in the water business and that this could be an alternative for the Village if we do not receive the permits needed for the crossing. The Village Attorney read the Ordinance in .full. Stoddard *n­,red . "that we approve the reading of AN EMERGENCY ORDINAIvCF OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING THE EXISTENCE OF AN EMERGENCY, IMPOSING A TETTORARY MORATORIUM ON THE ISSUANCE OF NEI WATER SERVICE CONNECTIONS ON THE AREA WITHIN THE VILLAGE OF TEQUESTA WATER SERVICE AREA KNO1,11N AS JUPITER ISLAND. tf . Cook seconded and vote on the motion was: Brown -for Cook -for. Little -for Mapes -for Stoddard -for 05-12-81 -03 and therefore Ordinance No . 294 was passed and adopted on first reading as an Emergency Ordinance. f Mr. Christian also reviewed with Council another May 11, 19$1 letter from Mr. NIcKune to Council which spoke on Capital Improvement Charges - Jupiter Island. Mr. NIcKune told Council that "due to the difficulties encountered in the permitting of the water main crossing to Jupiter Island, it has been necessary to institute several changes to the original construction plans. Gee & Jenson recommended to Council that Article I, Section 18-3 (f) of the Village Code providing an additional Capital Improvement Charge of $855 . for each new connection to the Village Water System located on Jupiter Island be increased to $1,405. The Village Manager read in full an Ordinance entitled, AN EMERGENCY ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ARTICLE I, SECTION 18-3 , OF THE VILLAGE CODE, BY DELETING THE SECOND PARAGRAPH OF SUBPARAGRAPH (f) AND BY CHANGING THE ADDITIONAL CAPITAL IMPROVEMENT CHARGE TO $1,405 . FOR EACH NEW CONNECTION TO THE VILLAGE OF TEQUESTA WATER SYSTEM ON THE AREA WITHIN SAID SYSTEM KNOW AS JUPITER ISLAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ADOPTION AS AN EIERGENCY ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. Brown moved, "that the Emergency Ordinance , as read, be adopted". Little seconded and vote on the motion was: Brown -for Cook -for Little -for Mapes -for Stoddard -for and therefore Ordinance No . 295 was passed and adopted on first reading as an Emergency Ordinance. The Village Manager had sent a memorandum and a proposed emergency Ordinance providing for amendments to our existing Conservation of Water in Emergency Situation Ordinance to have it more nearly conform to the suggested emergency Ordinance prepared by South Florida Water Management District. The Village Manager explained that our Ordinance, as is, is in conflict with South Florida Water Management District because it does not Provide for a provision pertaining to sprinkling, watering, etc . , that shall not apply to those water users granted water use permits by the South Florida Water Management District. The Village Manager read the Ordinance in full entitled, AN EMERGENCY ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ARTICLE II, SECTION 18-19, OF THE VILLAGE CODE, CHANGING THE NAME OF THE AGENCY DECLARING All EMERGENCY SITUATION, REDEFINING WATER AND AMENDING ARTICLE II, SECTION 18-22 OF THE VILLAGE CODE TO PROVIDE FOR EXCEPTION OF CERTAIN USERS FROM THIS SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR ADOPTION AS AN EMERGENCY ORDINANCE; PROVIDING AN EFFECTIVE DATE. Little 05-12-81 -04 moved, "that we approve this Emergency Ordinance". ' Brown seconded and vote on the motion was: Brown -for Cook -for Little -for Mapes -for Stoddard -for and therefore Ordinance No. 296 was passed and adopted on first reading as it was an Emergency Ordinance. Mr. Dan Pignato, First Marine Sprinkler, was present to ask Council if he could plead a hardship for four (4) of his customers in Tequesta who would like and need to have wells and sprinkler systems installed before they can get sod and in some cases their Certificates of Occupancy for a new home. The Village Attorney advised that according to our Ordinance the property owner would have to appear before Council and plead for a hardship and that it should also be in writing. The Council set Tuesday, May 19, 1981 at 7:00 P.M. as a Workshop Meeting to discuss the Preliminary Report Evaluation of the Potential for Raw Water Supply Development for the Village of Te uesta 1la- 19 1 with representatives of Gee & Jenson prior to preparation of the final report. The Village Manager read a letter from Mr. Sandy Nettles, Hydrogeologist, Gee & Jenson for the final estimate for the Water Supply Test Wells Project. This final estimate included the 10 per cent retainage fee payable on completion of construction. The amount of the final payment was $8,747.48. A Release of Lien was also enclosed with the letter. Stoddard moved, "to accept the work as performed and to approve final payment". Brown seconded and vote on the motion was: Brown -for Cook -for Little -for Mapes -for Stoddard -for and therefore the motion was passed and adopted. Vice-Mayor Stoddard told Council that the Loxahatcee Council of Governments requested that two items be discussed with the representatives of C.O.G. respective Council. The first was an appointment of a representative for an area tranportation committee from each government. The Village Manager was instructed to review this and to recommend someone for this committee to Council at the May 26, 1981 Council Meeting. The minutes of the April 28, 1981 Council Meeting and the Village Manager's Report for April 26, 1981 to May 9, 1981 were received. 05-12-81 -05 The next item on the agenda was the collection of a Fire District equipment fee for each housing unit from area developers. The Village Manager was instructed to discuss this matter with the Town Manager of Jupiter and to report back to Council at the next meeting. The Vice-Mayor also announced that Mayor Mapes had been appointed the new Chairman of the Loxahatchee Council of Governments. The Mayor announced that, the Village had showed over 30% reduction in water consumption since the Emergency Water Situation Ordinance was enacted. The meeting was adjourned at 9: 25 P.M. Cy�eselbert Date Approved Lee M. Brown Leslie A . Cook Thomas J. Little W.H. Mapes, Jr. Carlton D. Stoddard