Loading...
HomeMy WebLinkAboutMinutes_Regular_6/23/1981 MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUJESTA, FLORIDA June 23 , 1981 A Meeting was held by the Village Council of the Village of Tequesta, Florida at 7:30 P.M. , Tuesday, June 23 , 10.$1 in the Village Hall, 357 Tequesta Drive, Tequesta , Florida. Councilmembers present were: Brown, Cook, Little and Stoddard. Mapes had advised he would be out of town. 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 Vice-Playor Stoddard. There were no announcements. Changes made and approved to the agenda were as follows: Change la to Others Change 1c to Agreement of $25 ,000 for Park Add 1d: Removal of Lone Star Florida , Inc. Plant Add 2d: DER petition Add 2e : Ordinance increasing T.D. Cards from $I.to.$5. Add 2f: Ordinance changing filing; period and filing fee Add 2g: Ordinance prohibiting hitchhiking in Tequesta Under "Time for Visitors" 1,,Zr. Moore, Country Club Drive, asked the Village Manager if the "Weight Limits" signs were in and the Village Manager advised they had come in this date. Mr. Sattley, Tequesta Gardens advised that the school was in need of volunteers to help out in their class rooms. The Village Manager explained to Council that this request for a temporary developers sign is a normal request and that the Village Code provides that "Signs promoting the development of subdivisions shall. be permitted only upon application to the Council and such permits, if granted, may be for a period of six (6) months only. Applications for renewal must be made again to the Council". The Community Appearance Board had approved this sign at their June 17, 10.81 meeting. Cook moved, "that it be approved". Brown seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for 4 o6-23-81 -02 and therefore the motion was passed and adopted. The VillaF-e Attorney told Council that the last time Council met they and Chapel Court Developers had agreed to go to arbitration on the settlement of the amount of money that should be given the Village of Tequesta by the Developers for park dedication for Chapel Court. Since then there have been negiotations and the subject has not gone to arbitration. The Developer has offered the Village the sum of $25 ,000 and the dedication of the area shown as parcel "A" on the plat of Chapel Court. The Village Attorney recommended that the Village of Tequesta accept the offer. Brown told the Village Attorney that he thought that the Village Council said they did not want a park to maintain. Other Council people agreed with Brown that they felt they did not want a park that would end up costing the Village because of the maintenance involved. Mr. Ted Davis, Developer, told Council that the Homeowners Association will maintain the small park that will be opened to Tequesta residents and that the mowing and maintenance of the park will be written in the Homeowners covenant that this will be their responsibility. This small parcel is the retention pond for the Chapel Court Subdivision. Mrs. Marsha Evans, Tequesta Pines, ask6d Council if that area was sodded would it not cause a problem for the run-off- when it rains. She was told that it should not present a problem. Little moved, "that we accept the proposition presented by Ted Davis of Chapel Court to pay the total sum of $25 ,000. in addition to dedicating the area shown as Parcel "All to the Village of Tequesta for drainage and recreational purposes and that the Homeowners Association shall maintain the area". Cook seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Manager reviewed with Council his memorandum of June 23 , 1991 on the removal of the Lone Star Florida, Inc. plant from the F .E.C . Railway site. Mr. Carl Metzger, Lone Star Florida , Inc. telephoned Mr. Harp advising that if the Village would have their plant removed from the site , they would reimburse the Village for the cost which should not exceed $17,000. The $17,000 was the cost which had been received from Big Chief Inc. This was the only company the Village had requested a bid from. Brown moved, "that the Village Manager be authorized 06-23-81 -03 to pursue this matter with Lone Star of Florida , Inc. for the demolition of the plant for $17, 000 if that price is invalid at this time negotiate for a current price". Cook seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Attorney read by title AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, A1,1ENDING 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 AiENDMENTS, 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 ATTENDING ARTICLE III, SECTION 6-41; ARTICLE III, SEC`I'IOI`; 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. The Attorney announced that this Ordinance has had first reading and has been published by title , in a local newspaper before second reading. Cook moved, "that the second reading be approved". Brown seconded and vote on this motion was: Brown -for Cook --for Little -for Stoddard -for and therefore Ordinance No . 299 was passed and adopted. The next item on the agenda was an Ordinance entitled, AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR A CHANGE IN ZONING CLASSIFICATION OF VARIOUS PARCEL OF LAND WITHIN THE, VILLAGE OWNED BY THE FLORIDA EAST COAST RAILWAY AND AMENDING THE OFFICIAL VILLAGE ZONING MAP TO CONFORM TO THE AMENDMENTS HEREIN MADE. The Village Attorney told Council this Ordinance is changing the zoning classification of four (4) parcels of land that have been subject to a first reading over a year ago but was never,%adopted because of a conflict in the wording of the Ordinance. If this Ordinance is passed it would bring these parcels of land into conformity with the Land Use Plan. He advised that he has not had any contact from Florida East Coast Railway since the Village of Tequesta had first reading of the Ordinance and these parcels were deleted from that Ordinance. The Village Attorney informed Council that Florida East Coast Railway will receive copies of this Ordinance and they will have a chance to come to the Public Hearing, to be held on this 06-23-81 -04 and to voice their side of the story to Council. If Council wishes they can amend the Ordinance at that time. The Village Attorney reviewed the Ordinance with Council. Council requested that the wording of railroad tracks be amended through-out the Ordinance to railroad right-of-way. Brown pointed out that Section 2(a ) describes a F.E.C. parcel of land that is being rezoned from C-2 Wholesale, Commercial and Light Industrial District to R-2 Multiple family Dwelling District which runs from Tequesta Drive north to the Village line, on the West side of the railroad, when in fact a portion (almost half) should be rezoned to R-1. The remaining Council agreed and changes were made to the Ordinance reflecting the changes requested by Council. The Village Attorney advised he would have the Ordinance retyped with the changes and send copies to the Council. Brown moved, "that the first reading of this Ordinance of the rezoning of these four (4) parcels within the F.E.C. Railway right-of-way be approved on first reading with those changes or amendments that we have discussed'.'. Cook seconded and vote on the motion was: Brown -for Cook - for Little --for Stoddard --for and therefore the motion was passed and adopted. The Village Attorney read by "title" AN ORDINANCE OF THE VILLAGE OF TERUESTA, FLORIDA, ARIENDING ARTICLE I, SECTION 1$-3 , OF THE VILLAGE CODE, AS AI,1ENDED, BY CHANGING THE ADDITIONAL CAPITAL IP7PROVEMENT CHARGE TO $111,$5 FOR EACH NEW CONNECTION TO THE VILLAGE OF TEQUESTA WATER SYSTEM ON THE AREA WITHIN SAID SYSTEM KNO1d0I AS JUPITER ISLAND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE and explained to Council that at the last Council *Meeting Council had requested an Ordinance increasing the additional Capital Improvement Charge to Jupiter Island. . The $1,4$5. rate was received from Gee & Jenson, Engineers for the Village of Tequesta. Mr. John Giba , resident , asked Council if this was necessary because there is already a moratorium on the Island. The Village Manager advised that it was important that it be passed because there are four (4) condominium buildings under construction on Jupiter Island that do not fall under the moratorium and we .need the additional money from them. Cook moved , "that we accept first reading of this Ordinance". Brown seconded and vote on the motion was: Bro,,xn -for Cook -for Little -for Stoddard -for . • 06-23-81 -05 and therefore the motion was passed and adopted. The Village Attorney reviewed with Council the "Petition for Formal Proceedings" for the Intracoastal crossing to Jupiter Island. The Petition explains that in order to supply a sufficient amount of water at acceptable and adequate pressure to certain of its customers and to provide for the health, safety and welfare of those customers the Village was told by its consulting engineers that it would be necessary to install a subaqueous water main under the Intracoastal Waterway. It also statesthat there are many disputed issues of material facts and questions if the D.E .R. acted properly in denying the Villages petition. By filing this petition the Village demands that a formal proceeding be held pursuant to the applicable laws and regulations and that the action of .the agency in denying the permit to the Village be reversed with the direction that the agency grant a permit to the Village for the project. Stoddard requested that a copy of the petition be sent to Representative "Doc" Meyers. The Village Manager told Stoddard that it would be sent. The Village Manager reviewed with Council the meeting he had with the D.E.R. , South Florida Subdistrict and Gee & Jenson. The meeting was called to try and work out some problems that DER felt exist. ' D.E.R. told the Village Manager that they would have people go out to survey the area of the proposed crossing again. The Village Attorney read by title only an Ordinance entitled, AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 13-10(a) OF THE VILLAGE CODE TO PROVIDE FOR AN INCREASE IN THE COST FOR OBTAINING AN IDENTIFICATION CARD FROM $1.00 TO $5.00; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE and explained that the sum of $1.00 does not cover the costs of the issuance of an identification card. Brown moved, "to approve on first reading the amendment of Chapter 13, Section 13-10(a) of the Village Code". Little seconded and vote on the motion was: Brown -for Cook? . -for Little -for Stoddard -for and therefore the motion was passed and adopted. The Village Attorney read by title AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING CHAPTER 2, SECTION 2.16(b) OF THE VILLAGE CODE TO MAKE IT CONFORM TO THE VILLAGE CHARTER; AND CHAPTER 2, SECTION 2.16(c) OF THE VILLAGE CODE TO PROVIDE • 06-23-81 -06 FOR REVISION IN THE DETERMINATION OF THE FILING FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, He explained that Section 1 - provides a filing period for candidates of ,the tenth day of February, from and including the tenth, to and including the twentieth day of February in the year of the election. Section 2 he explained sets a filing fee of thirty dollars ($30.00) which shall be paid at the time of notice of candidacy. Little moved, "to approve first reading;"• Brown seconded and vote on the motion was: Brown -_for Cook -for Little -for Stoddard --for and therefore the motion was passed and adopted. The Village Attorney read by "title" only. AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, PROHIBITING HITCHHIKING OF SOLICITATION OF RIDES UPON VILLAGE ROADS AND STREETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, The Village Attorney briefly explained the Ordinance. Cook asked the Village Manager why this Ordinance was being proposed and is there really a serious problem in Tequesta with hitchhikers. The Village Manager told Cook that the Village Police Chief had requested this Ordinance and that there is no serious problem but there are people who hitchhike through Tequesta and if this Ordinance is passed the Police could better control the people going through the Village. Little moved, "that we accept first reading of this Ordinance" . Brown seconded and vote on the motion was: Brow n -for Cook -against Little -.for Stoddard -for and therefore -the motion was passed and adopted, The Village Manager explained Resolution No , 8-80181 of the Loxahatchee Council of Governmentsrequesting all possible cooperation in anticipated beach renrnirislhment projects in Southern Martin County and Northern Palm Beach County. The Resolution requests that beach ren.-)urishment projects on Jupiter Island in Martin County be coordinated with those in Northern Palm Beach County for the mutual benefit of all interests. The Resolution does not suggest or request, any particular funding method for beach renourishment projects in Southern Martin County. . 06-23--81 -07 Brown told Council he was not against this Resolution but does not :cant to see the depositing of large rocks and boulders on the F.E .C . Railway property near Tequesta Pines that happened the last time there was beach renourishment going on over on Beach Road. He told Council. that there should be no dumping at 2:00 A.M. in the morning either. Brown moved, "that we authorize the Mayor to sign the Resolution". Cook seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for and therefore the motion was passed and adopted. Little moved, "to approve the appointment of William Blodgett and Robert B. Moore to the Annexation Committee for a period of two : (2) years". Brown seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for and therefore the motion was passed and adopted. Council discussed briefly the ways in which the Annexation Committee could make the Village more appealing to people so they would like to be annexed. Little brought up the matter of using =riater as a tool for annexation and that maybe a surcharge could be put on those areas outside the Village who Tequesta does not have a franchise with, ie; Palm Beach County and . Martin County. The Village Attorney was requested by Council to check into a possible surcharge for water to Palm Beach County residents. The Minutes of the June 9, 1981 Council Meeting, the Village Manager's Report for June 7.-20, 1981, the Village Financial Statement for May, 1981 and the Water Department Financial Statement for May, 1981 were all received. Vice-Mayor Stoddard told Council that Mr. Heinz Von Zabern told him that the project at Conch Cove Marina will proceed and that his commitment to Tequesta Water System for the north U.S. ##1 extension still holds. Vice-Mayor Stoddard also announced chat Leslie Cook has been appointed President of the Loxahatchee Historical Guild. Vice-Mayor Stoddard told Council that even though the fact that the Tequesta Association of Voters and Taxpayers donation rr 06--23-81 -08 of the sum of $500. was put in the June 9, 1981 Council Meeting Minutes they requ-sted that it be added to the Minutes so the records may shot, that the funds go to the the Tequesta Police Department Building Fund. Brown moved, "that the donation of $500. from the Tequesta Association of Voters and Taxpayers be used for interior Police Department renovations in -the Village Hall11. Cook seconded and vote on the motion was: Brown -for Cook -for Little -for Stoddard -for and therefore the motion was passed and adopted. The meeting was adjourned at 9:48 P.M. La�4esy4�1�e Co_ bert Date Approved Lee M. Brown Leslie A. Cook Thomas J. Little not present 06-23- 81 W.H. Mapes, Jr. Carlton D. Stoddard