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HomeMy WebLinkAboutMinutes_Regular_5/26/1981 4wofter- MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA MAY 26, 1981 A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:32 P.M. , Tuesday, May 26, 1981 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida 33458. Councilmembers present were: Mapes, Stoddard, Brown, Cook and Little. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. Mayor Mapes welcomed the members of Boy Scout Troop No. 173, St. Jude's Church, to the meeting. There were no additions to the agenda.. Mayor Mapes advised that the first agenda item for consideration was the request of the developers of Beach Road Apartments, Inc. , Beach Road, Jupiter Island, for an exemption under the terms of Section 6, Ordinance No. 294, which was adopted May 12, 1981. This ordinance declared the exist- ence of an emergency, imposing a temporary moratorium on the issuance of new water service connections on the area within the Village of Tequesta water service area known as Jupiter Island. Attorney Allan Ciklin of the firm of Boose, Ciklin & Martens, West Palm Beach, was in attendance representing the owners of the property, Beach Road Apartments, Inc. , 19230 Beach Road, Palm Beach County, as was Donald Arenson, one of the owners and Don Johnson, Project Manager. Ciklin advised that the possibility of an exemption not being necessary due to the fact that the property has an existing water service connection and would not require a new water service connection, had been discussed with the Village Attorney. He said the existing connection would be used to serve eight (8) condominium units instead of one single family dwelling. The proposed condominium would be four (4) stories with two (2) units per floor. The Village Attorney advised that Ordinance No. 294 deals with new water service connections but that the Village Council should hear the applicants in regard to the matter. Ciklin said the owners and developers believe they have a unique and extreme hardship because (1) they have proceeded to a point of no return with the plans for the project at a cost of approximately $100,000. (2) have negotiated a construction loan for the project with an expiration date of June 1, 1981 and (3) demolishing of an existing $500,000. single family residence on the property has begun. Ciklin further advised there would be no adverse impact on the Village water system since the construction would only be four (4) stories high and an increase from one (1) single family residence to eight (8) condominium units. Ciklin also advised that the developers of the project are working with Jupiter Fire Control District No. 1 Fire Marshall for approval of a holding tank for fire protection service. Ciklin requested that the Village Council. grant the requested exemption. 5-26-81 - 2 Stoddard asked if additional water meters would be needed for other units and was advised there would be only one meter for all of the units with an increase of the existing water service to 2". Little asked how long it would take to construct the project and was advised twelve (12) months. Stoddard asked if a building permit had been granted as yet. Johnson said no, but one is expected any day now. Stoddard asked if there had been any promise of water for this project and was advised that none was but that contact had been made with the Village Water Department and Water Department Consulting Engineers. Brown asked if demolition had been started. Ciklin stated, yes. Brown asked when and Don Johnson advised two and one-half (21) to three (3) weeks ago. Mayor Mapes asked Cotter H. Christian, Gee & Jenson, to come to the podium. Christian read his May 26, 1981 letter to the Village Council pertaining to this request for exemption and discussed the content of same. The Village Building Official advised of trying to obtain infor- mation on the permit for demolition of the single family dwelling, but could not determine that such a permit had been issued. Johnson advised that a demolition permit had not been received from Palm Beach County. Mapes stated he was concerned about the cumulative effect of additional units on Jupiter Island coming onto the Village's water system. Stoddard suggested that the requested exemption violates the spirit of the ordinance by asking for additional units, and if this exemption application should be approved, it would make it tough to make the moratorium stick for other applications for exemptions. Brown stated he agreed with Stoddard's comments and that approval of this application would be setting a precedence. Ciklin replied each application should be considered on a case by case basis. Ciklin reiterated the developer's hardship of the money spent to date on the project and the starting of demolition of the $500,000. single family residence. Stoddard asked if the project was being constructed for individual owners or for speculation. Ciklin said there was consideration of some of the units for personal residences and some units to go on the market for sale. A. L. Hutchison, 300 Beach Road, President of the Beach Road Association, requested the Village Council to reject the application. He said there are other single family residences for which similar requests for exemptions might be made. He stated that the reason for the moratorium was because the Village could not obtain permits for the Intracoastal Crossing and additional units on this part of the Village water system could cause low water pressure for existing units on the Island and that buyers of existing units have a problem and look to the Village for a solution. Hutchison complained of poor water pressure in his condominium and it was suggested this was not a problem of the Village water system's pressure, but of the building's plumbing. 5-26-81 - 3 Johnson stated there is a problem on Jupiter Island now for fire protection service water, but the potable water supply is adequate. He stated booster pumps could be used in the condominium buildings to build up and maintain potable water pressures and to maintain pressure in the event there should be a Eire. Ciklin called the Council's attention to the fact that the Village Water Department Consulting Engineers had advised that this project would not significantly impact the Village's water system. Johnson advised that three of the partners would be living in the apartments. He further advised that the developers would be putting in a 90,000 gallon water supply holding tank for fire protection service. Ciklin reiterated that this project was too far down the road now to delay and alluded to the vested rights of property owners. The Village Attorney advised that the Village Council was correct in their concern over establishing a precedent. He said the terms of the ordinance enables the Village Council to look at the uniqueness of each situation. He also stated he agrees with the Water Department Consulting Engineers feeling that there could be an adverse impact to the Village water system if more exemptions would be permitted. He said the developer is not seeking a new water service connection but additional taps for an existing water service connection. Hutchison asked. if any attention had been given to the fact that there would be four (4) other condominium complexes drawing water from the water main ahead of this project. He questioned how much water would be left for the Jupiter Island condominium area and questioned the adequacy of the water available for the Island area. Stoddard moved, seconded by Brown that the application for exemption of Beach Road Apartment, Inc. , 19230 Beach Road, be denied with the proviso that the denial be dependent upon the Village Attorney's opinion of the meaning of the term "new water service connections" used in the ordinance. If the Village Attorney determines that there is no need for an exemption due to his interpretation of the wording in the ordinance, then the project can proceed without formal Council action. Little said because of the mortgage loan commitment deadline date of June 1, 1981, the developers need an answer now and asked how this would be handled. Mayor Mapes said the matter will be left in the Village Attorney's hands. The vote on the motion was: Stoddard For Brown For Cook For Little For Mapes For 5-26-81 - 4 and the motion was therefore passed. The next item on the agenda was a presentation by Mercer Miller (Mrs. G. R. Miller) , President, Colony Garden Club, pertaining to beautifi- cation of CR 707 right-of-way westward from the Bridge. She introduced Elaine Ross. Miller explained the proposed scope of the project and advised that Cal Christian had indicated his willingness to coordinate the project with the various groups and agencies. She said they were pursuing the installation of a sprinkler system and that everyone and various groups have been most cooperative and receptive to this project. Mapes said he thinks it is an excellent project for the Loxahatchee Council of Governments (COG) and that COG should organize the project and will ask them to do so. Stoddard said he endorsed the project in spirit. The next item on the agenda was the second reading of an ordinance prohibiting certain vehicles of excess weight on Tequesta Drive and Country Club Drive. Advertisement of the second reading had been made in the May 17, 1981 issue of the Courier. The Village Attorney made second reading by title only and advised that there had been some changes made as discussed at the first reading but that these were not substantive changes. He reviewed the changes made - (1) adding new definition of various areas as subsection (a) , Section 1, (2) redefinition of tractor cranes, power shovels and well drillers, (3) deletion of last sentence from subsection (a) , Section 3. (4) provision for trucks of agents of the Village in subsection (d) Section 3, (6) deletion of subsection (a) Section 4 pertaining to designation signing of truck routes, (7) and provisions for repeal of Ordinances No. 246 and 287. Stoddard and R. Moore questioned the deletion of subsection (a) , Section 4 since it was important to show routes available to trucks. The Village Manager said that Tequesta Drive, Bridge Road and Old Dixie were the only roads east of the FEC Railway for egress or ingress from the Village. He agreed to put this section .back into the ordinance. Stoddard said the ordinance provides for food, beverage and other trucks to provide usual services to Turtle Creek, 'if permits are obtained. Brown asked about the posting required in Section 5 and was advised the existing signs would have to be revised. Little moved, seconded by Stoddard that the second reading of 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 5000 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" be approved. Bob Ballast, 217 W. Riverside Drive said a pick-up truck would be over 5,000 pounds with a load. Moore said this would be considered on the basis of the net weight of the vehicle. The vote on the motion was: 5-26-81 - 5 Little For Stoddard For Brown For Cook For Mapes For and the motion therefore passed. The next item for consideration was the second reading of an ordinance for the control of docks and piers. The first reading of the ordinance had been made at the April 26, 1981 Council Meeting and had been advertised in the May 10 and May 20, 1981 issue of the Courier. The Village Attorney made reading by title only of an ordinance entitled: "An Ordinance of the Village of Tequesta, Florida, Amending the Zoning Ordinance of the Village, Ordinance No. 211, so as to Provide for a Uniform Waterway Control Ordinance Within the Village; Providing for Jurisdiction; Providing for Definitions; Providing for the Regulation of Dock and Pier Length, Width and Configuration; Providing for Regulations on Commercial Docks, Boathouses, Anchoring or Mooring of Vessels and Refuse and Discharge from Vessels; Providing a Procedure and Guildel.illes for Variances from the Terms of This Ordinance; Providing for Severability; Providing for Codification; Providing an Effective Date" which included the addition of the word "enclosed" before "boat shelter" in Section 5. Stoddard moved, seconded by Brown that the second reading of the ordinance be approved. The vote on the motion was: Stoddard For Brown For Cook For Little For Mapes For and the motion therefore passed. The Village Manager was directed to send a copy of the adopted ordinance to the Board of County Commissioners of Palm Beach County requesting them to adopt a similar ordinance. The Village Attorney read by title only an ordinance providing for various amendments to Building and Building Regulations, Chapter 6 of the Village Code. The Village Building Official explained the various revisions referred to in the ordinance and that the increase in fees and schedules is to bring them into more accurate current figures since the previous fees, etc. were adopted in April 1975. Stoddard said he thought the word "permit" should be inserted before "fee for demolition", Section 4 (f) of the proposed ordinance and the Councilmembers agreed with this change. Stoddard moved, seconded by Cook that the first reading of an ordinance entitled: 5-26-81 - 6 "An Ordinance of the Village of Tequesta, Florida Amending the Building and Building Regulation Chapter of the Village Code, Chapter 6, by Adopting the National Electrical Code, 1981 Edition and the Uniform, Minimum Countywide Amendments, as Recommended by the Building Code Advisory Board of Palm Beach County, to the National Electrical Code, 1981 Edition and Amending the Various Permit Fee Schedules by Amending Article III, Section 6-41; Articke III, Section 6-42; Article VIII, Section 6-141; Article VIII, Section 6-142; Article VIII, Section 6-144; Article VIII, Section 6-145 and Article VIII, Section 6-146 of Said Code; Providing for Severability; Providing for Codification; Providing for an Effective Date" be approved. The vote on the motion was: Stoddard For Cook For Brown For Little For Mapes For and the motion therefore passed. The Village Attorney apologized for not having agenda items 2(d) and 2(e) ready for the meeting but would try to have them for the June 9, 1981 Council Meeting. The next item for consideration was the approval of Neighborhood Patrol Signs for the Tequesta Country Club Community. The Village Manager advised that the Village Community Appearance Board gave their approval to the signs at their May 20, 1981 meeting and the Village Council approval was now required. Stanley Jacobs, President, Tequesta Country Club Community Association, read his May 11, 1981 letter to the Village Council and Community Appearance Board pertaining to this matter. Little asked if there would be any advantage to putting such signs at the Village limits. Jacobs said other subdivision areas of the Village are looking at a similar project for their areas and could use their design for the signs if they wanted to. Jadco, a Jupiter firm, is making the signs for the Tequesta Country Club Community Association. Little moved, seconded by Stoddard, that the signs as described in the Association's May 11, 1981 letter, with "No Soliciting" being deleted, be approved. The vote on the motion was: Little For Stoddard For Brown For Cook For Mapes For and the motion therefore passed. 5-26-81 - 7 The next item for consideration was the authorization for Gee & Jenson to proceed with application to obtain a permit modification from South Florida Water Management District pursuant to Gee & Jenson Report entitled "Evaluation of the Potential for Raw Water Supply Development for the Village of Tequesta, May 1981" and as discussed at the May 19, 1981 Council Workshop Meeting. This would amend the permit to 2.88 MGD. Stoddard moved, seconded by Brown that Gee & Jenson be authorized to make application to the South Florida Water Management District for a permit modification for 2.88 MGD. The vote on the motion was: Stoddard For Brown For Cook For Little For Mapes For and the motion therefore passed. The next matter for consideration was the request for purchase of an additional storage disk for the Water Department NCR 8150 Computer. The Village Manager reviewed the need for such addition since the existing unit was to capacity. NCR representatives advised staff that such additional storage would allow payroll, utility billing and budgetary applications to be on-line at all times. The Village Manager advised it was .the intent to also include occupational licenses on the computer and to use the equipment for the maximum benefit to the Village. A discussion ensued on back-up systems and storage. The storage disk would be purchased from Capital Improvement Funds of the Water Department. Brown moved, seconded by Little, authorizing the purchase of an additional storage disk for the NCR Computer at a cost of approximately $6,050. The vote on the motion was: Brown For Little. For Cook For Mapes For Stoddard For and the motion therefore passed. The next item for consideration was appointments to the Community Appearance Board. The Village Manager's May 21, 1981 memorandum explained that the terms of Ruth E. Butterfield and J. Harvey Hartman were expiring May 31, 1981. Butterfield had advised the Village Manager she would not desire appointment to a three (3) year term but would agree to serve as an alternate member for a one (1) year term if appointed by the Village Council . Hartman had agreed to serve another three (3) year term if so appointed by the Village Council. Stoddard moved, seconded by Cook that J. Harvey Hartman be appointed to a three (3) year term and Ruth E. Butterfield be appointed to a one (1) year term as an alternate member of the Community Appearance Board effective June 1, 1981. The vote on the motion was: Stoddard For Cook For Brown For Little For Mapes For 5-27-81 - 8 and the motion therefore passed. The minutes of the Special Council Meeting of May 6, 1981 were approved as submitted. The Village Manager's Report for period May 10-23, 1981 was approved as submitted. It was noted that the cost of $17,000 for removal of the Lone Star buildings was too excessive and Lone Star is to be contacted to provide for the removal of the building and structures. The Village Attorney advised that Chapel Court arbitration for park lands was progressing with the Village's appraiser to provide the Village with comparable figures to be considered by the developer as a basis for determin- ing the amount of park funds to be paid to the Village. The Village and Water Department Financial Statements for April 1981 were approved as submitted. The minutes of the May 12, 1981 Council Meeting were approved with a correction on page 5 to show Mayor Mapes as First Vice-Chairman of: the Loxahatchee Council of Governments (COG) . Mapes asked the Councilmembers their feelings in regard to County Commissioner Evatt's May 15, 1981 letter pertaining to a proposed new referendum for construction of County roads and the Village priority list of roads in North County Area that should be included in such a referendum. Cook said she believed most people she had contacted were against such a referendum mainly because this area might not get too many benefits from such a referendum. Mapes said the North County Area needs Alt. AIA and Indiantown Road upgraded and the area residents will have to pay for the needed improvements. Mapes asked for a priority list of roads and it was the consensus of the Councilmembers that the following is the priority order: 1. Alt. AIA south to Donald Ross Road 2. Indiantown Road 3. Old Dixie Highway north of Alt. AlA (CR 707) to Palm Beach- Martin County line Stoddard said the Village needs to reply to Commissioner Evatt's May 15, 1981 letter. Brown said he believed a package might be sold to Village voters if some of the roads such as on the Village's priority list would be a part of the referendum or else it would not fly. It was the general feeling and consensus of the Councilmembers that the Village residents and voters would only vote favorably in such a referendum if the priority list of roads to be improved included those in the north area of Palm Beach County. A letter is to be sent to Commissioner Evatt conveying the Village's feeling in this regard. The Village Manager advised that Jupiter's fire protection fee of $45.00 per unit for capital purchases was provided for in the town's develop- ment regulations for new developments. It was pointed out that since most of the Village is now built out, such a fee for future developments would not be very productive. 5-26-81 - 9 Mayor Mapes reviewed Loxahatchee Council of Governments (COG) request for consideration of a Village representative to a COG Transportation Committee. The very active role that has been taken by the Jupiter Police Chief for many years in regard to necessary improvements to North County Area roads was discussed. Stoddard moved; seconded by Brown that Police Chief Franklin E. Flannery be appointed as the Village's representative on the Loxahatchee Council of Governments (COG) Transportation Committee. The vote on the motion was: Stoddard For Brown For Cook For Little For Mapes For and the motion therefore passed. Mapes noted the Corm cilmembers had received a copy of the recently adopted County Noise Ordinance. It was mentioned that this ordinance was not as comprehensive as the State Noise Law and it was suggested it be reviewed in relation to the Village's existing ordinance and the State Noise Law. Stoddard advised that the' firm of PRC Harris was meeting with proponents of the East-West Connector Road in Martin County in the Village Hall at 10:00 A.M. , tomorrow, Wednesday, May 27, 1981. 1 There being no further business the meeting was adjourned at 9:30 P.M. Respectfully submitted, Robert Harp Village Manager RH:jf Date Approved Lee M. Brown Leslie A. Cook Thomas J. Little !,..H. Mapes, Jr. Carlton 1). Stoddard