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HomeMy WebLinkAboutMinutes_Regular_12/13/1983ICJ MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA December 13, 1983 A meeting was held by the Village Council of the Village of Tequesta at 7:36 P.M., immediately following the Public Hearing, Tuesday, December 13, 1983 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Beddow, Brown, Little, Stoddard and Wagar. Also present were: Robert Harp, Village Manager, 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 Vice-Mayor Beddow. Cha add add add add add • add nge~ r~ 3d. 3e. 3f . 3g. 3h. 4c. ade and approved to the agenda were: Lot Clearing Resolution Dover Road Ditch Seabrook Road Drainage Tequesta Drive Drainage - Hera th_ Department Site Plan Review Procedures Appointment to Zoning Board of Adjustment Mayor Stoddard announced that Charles P. Martyn, founder of Tequesta, died December il, 1983. Beddow moved, "that a proclamation be made by Mayor Stoddard for Mr. Martyn". 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 adopted. Vice-Mayor Beddow thanked i-layor Stoddard for the fine job he did with the agreement between Jupiter ~~'i.re Control District One and North County Ambulance, Inc. for emer~enc;~ care service to local residents. Vice-Mayor Beddow thanked Mayor Stoddard for staying on this tirelessly. Vice-Mayor Beddow also thanked the ambulance squad for their hard work. Mayor Stod'ard announced that news iias just arrived from the State of f'lorida informing Tequesta that its Police Department has set a new record for the State of Florida, solving 52~ of its • crime and that burglary is down by 75.5. 12-13-83 -02 Vice-Mayor Beddow said that some of this credit should go to Councilmember Little for the fine job he has done as Police Commissioner. Councilmember Little told Council that the Police Department is no better than the people and warned the audience that if someone sees something that looks suspicious to call the Police Department. la. The first item on the agenda was the approval of construction and permanent easement for Loxahatchee River Environmental Control District in Well Field No. 1. This item was tabled from the November 22, 1983 Council Meeting. Mr. Bill Reese, Gee & Jenson told Council that the abandonment of this well would require a permit from DER and if a new well were to be installed in that area it would also require a DER permit. Mr. Barry Byrd, Consulting Engineer for ENCON told Council that ENCON already has the permit for the abandonment of the well and that was for an active well, so if Tequesta is going to abandon the well then there should be no problem with getting the permit. Mr. Byrd told Council that ENCON could use the adjacent land next to the well field and still get their permit, but it would be a savings if they could do it on the Villages well field property. For that ENCON is willing to pay up to $5,000. toward the:abandonrnent of the Tequesta wells. Mr. Roger Anderson, ENCON Executive Director told Council it is his recommendation that Tequesta abandon the well field as opposed to just not using it. Mr. Anderson explained what the lift station would look like. • After discussion Little moved, "that we grant the construction easement and the permanent easement at Well Field No. 1 to Loxahatchee River Environmental Control District with two (2) contingencies, (1) that Tequesta abandon well field No. 1 and 2 and(2~ that ENCON pays $5,000. for the abandonment no matter what the cost". Brown seconded and vote on the motion was: Beddow - against Brown -for Little ,for Stoddard -for Wagar -for and therefore the motion was passed and adopted. Mr. Anderson agreed that ENCON would pay $5,000. for the abandonment. lb. The next item on the agenda was approval of construction easement for Loxahatchee River Environmental Control District in Well Field No. 4. Well Field No. 4 is located off of Old Dixie Highway, North of Tequesta Drive. Council discussed the construction with Paul Brienza of ENCON. Brown moved, "the approval of construction easement for Loxahatchee River Environmental Control District in Well Field No. 4". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for 12-13-83 -03 and therefore the motion was passed and adopted. . 1 c&d The next item on the agenda was the combination of approval of Special~Bxception for Loxahatchee River Environmental Control District Well Field No. 1 and Site Plan Review for Loxahatchee River Environmental Control District Well Field No. 1. The Village Attorney told Council that the Site Plan Review should come first, so Council combined the two. Mayor Stoddard told ENCON's representatives that he is concerned that Rinker is not able to get sewer and that they have been denied a temporary septic tank. Mr. Bill Payne, Attorney for Rinker told Council the reason they have been denied a temporary septic tank is because of the location of well field No. 1. Mr. Payne also told Council that Rinker employees will be able to use the bathrooms across the street. Councilmember Little pointed out that Tequesta has just agreed to cap off Well Field No. 1, now maybe the Health Department will approve the temporary septic tank. Vice-Mayor Beddow asked the Rinker representatives how the new construction was progressing and when it would be completed. Mr. Stan Lowe, Rinker, told Council that the first of the year the east project will be completed then the constuction will move to the west side in the Town of Jupiter. The whole project should be completed by September. Vice-Mayor Beddow said he was particularly interested • in the double ended siding. Mr. Lowe informed Council that Rinker is working with F.E.C. on that now. Little moved, "that we approve Site Plan Review for Loxahatchee River Environmental Control District (ENCON) for Well Field #1 along with the Special Exception for Well Field No. 1". 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. 1 e&f The next item orr the agenda was the Site Plan Review for First United Presbyterian Church and approval of Special Exception for same. Little moved, "approval of Site Plan Review and Special Exception for First United Presbyterian Church with the proviso that a hedge be planted along the existing and new parking lots that abutts Shady Lane, to screen the parking lots from view of Shady Lane". Brown seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for 12-13-83 -04 and therefore the motion was passed and adopted. i 1 g&h The next item on the agenda was the Site Plan Review and Special Exception for U.S. Postal Facility. Mr. Charles Curry, architect, showed Council a picture of what the new postal facility building would look like. This would be a lease back operation owned by Ernest Dorner and would be a branch of Jupiter's Main post office. Mr. Curry .also told Council that the number of present staff would not increase. Little moved, "that we approve the U.S. Postal Facility Site Plan Review and Special Exception subject to the fire hydrants being installed prior to the C.O. being issued". 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 adopted. li. The next item on the agenda was the Site Plan Review for a tem~orary sign extension for Tequesta Office Building. Beddow moved, "the approval of the extension". 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. lj. The next item was Site Plan Review for Leonhardt Sullivan & Assoc., Inc. interior and exterior alterations. Mr. Sullivan explained that the Corporate Offices for Leonhardt-Sullivan .is going in next to the Post Office (142 Bridge Road). The changes made will include the addition of two windows and the removal of the rear garage door to be replaced with a standard fire door. Beddow moved, "Site Plan Review approval for Leonhardt-Sullivan & Assoc., Inc. interior and exterior alterations". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Staddard -for Wagar -for and therefore the motion was passed and adopted. lk. The next item was Site Plan Review for signage for J.C. Hillary's. The Building Official explained that they are requesting a change of sign to be installed on the existing pylon directly in front of the Lord Chumley's Restaurant. The sign will read "J.C. Hillary's, Ltd". The Building Official told Council they are also requesting a wall 12-13-83 -05 sign for that area on the building that had the shamrock. Council • asked the Building Official if this would approve a sign that would put them in violation because of the number of signs that are presently existing in that shopping center. The Building Official explained what the Zoning Ordinance speaks to,in relation to this and if Council wanted to, they could start eliminating the signs by not approving this request. Beddow moved, "Site Plan Review approval for signage for J.C. Hillary's". 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. 2a. Beddow moved, "the approval of bids for two (2) 1984 police cars from Bill Redditt Ford, Inc. with the cost not in excess of $19,900." 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. 3a. 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 THE CHARTER AND THE CODE OF ORDINANCES OF THE VILLAGE SO AS TO PROVIDE FOR THE ADOPTION OF THE PROVISIONS OF HOUSE BILL 742 OF THE STATE OF FLORIDA; PROVIDING FOR UNIFORM FILING AND ELECTION DATES FOR ALL MUNICIPAL ELECTIONS TO ELECT MUNICIPAL OFFICERS IN PALM BEACH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Little moved, "to approve this Ordinance on second reading". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore Ordinance No. 327 was passed and ..adapted. 3b. The Village Attorney read by "title" only a Resolution entitled, A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA PROVIDING FOR REVISIONS TO THE BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1982. The Village Manager told Council this was a housekeeping matter. Beddow moved, "the adoption of the Resolution". Little seconded and vote on the motion was: ' 12-13-83 -06 Beddow -for • Brown -for Little -for Stoddard -for Wagar -for and therefore Resolution No. 1-83/84 was passed and adopted. 3c. The Village Attorney read by "title" only a Resolution entitled, A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA REQUESTING THE STATE OF FLORIDA TO TAKE ALL POSSIBLE ACTION TO WIDEN STATE ROAD 706 (INDIANTOWN ROAD), MORE THAN IS CURRENTLY PLANNED. Beddow moved, "the adoption of this Resolution". Brown seconded and vote on the motion was: Beddow -for Brown -for Stoddard -for Little -for Wagar -for and therefore Resolution No. 2-83/84 was passed and adopted. 3d. The Village Attorney read by "title" a Resolution entitled, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ENACTED PURSUANT TO THE PROVISIONS OF CHAPTER 10 OF THE CODE OF ORDINANCES OF THE VILLAGE, FINDING AND DETERMINING THAT CERTAIN PROPERTY DESCRIBED HEREIN IS IN VIOLATION OF THE REQUIREMENTS OF SAID ORDINANCE; • SETTING FORTH THE ESTIMATED COST OF CLEARING SUCH PROPERTY AND REMOVING OR REMEDYING THE CONDITION IN VIOLATION OF SAID ORDINANCE; DIRECTING THE VILLAGE MANAGER TO SERVE NOTICE UPON THE OWNER OF SAID PROPERTY TO COMPLY WITH THE REQUIREMENTS OF SAID ORDINANCE. Little moved, "we approve this Resolution". Beddow seconded and vote on the motion was: Beddow -for Brown -for Stoddard -for Little -for Wagar -for and therefore Resolution No. 3-83/84 was passed and adopted. 3e. The Village Attorney advised Council that he had received a reply from Attorney Broome, Jupiter Inlet District, about the suggestion in Attorney Broome's letter that the Village had agreed to share in the cost of removing the silt from the north fork of the river at the end of Dover Road Ditch. Mr. Broome wrote that although this share of the cost was not mentioned by Tequesta he hoped that it would be agreed upon by the Village. 3f. Council agreed that even though the Attorney for the contractor for the Seabrook Road drainage project said that certain unacceptable items on the project where "Acts of God", the Village Attorney should go ahead and try to collect on the performance of the company from the insurance company. Councilmember Little said he was sick and tired of companies coming into the Village and tearing up our town and getting away with it. 12-13-83 -07 3g. The Village Attorney advised that the citation received from . Palm~Beach County Health Department on the Tequesta Drive Drainage Project, at the river, is presently in the hands of the engineers and Council should leave it there for now. 3h. The Village Attorney explained to Council that a lot of its time and efforts are being taken up by Site Plan Review for things like interior and exterior alterations and signs. The Village Attorney told Council he didn't feel this was the intent of the Council when they adopted the new Ordinance to review every little thing. He said he felt that Council wanted Site Plan Review for building and/or building structure changes were made. The Village Attorney told Council he did not feel that Council wants to see every sign that is going into the Village, because the Community Appearance Board could approve or disapprove the signs. Council agreed with the Village Attorney that this was not their intent. Beddow moved, "that Site Plan Review under the Terms of Section X-M(d)g the Official Zoning Ordinance of the Village of Tequesta not be applicable to signs, except, as otherwise required in the Ordinance, and that alterations, ~q~~,f~ty~~`iyb]/ a~t,~r~k~o~i~, changes in seating capacity or any changes that might require an increase in the number of required parking spaces will continue to require Site Plan Review". Little seconded and vote on the motion way: Beddow -for Brown -for Little -for Stoddard -for Wagar -for • and therefore the motion was passed and adopted. 4a. The next item on the agenda was the approval/denial of final plat for Chapel Court Section II. Mr. Ken Davis was present representing Chapel Court. Council talked with Mr. Davis about the retention pond for that area. The Village Manager told Council that Gee & Jenson has checked out the pond as late as this afternoon and it is done to specifications. Mr. Davis told Council that he would have additional rip rap put between the pipe and slope and would reseed and remulch the slope. Mr. Davis also told Council that he has posted, "NO TRESPASSING" signs to help keep A.T.V.s off his property and to give the Police Department a better tool to use in getting trespassers off the property. Little moved, "that we approve final plat for Chapel Court, Section II with the proviso as spelled out in the Village Manager's memo dated December 2, 1983 (copy attached)". 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. 4b. The next item on the agenda was the approval/denial of sketch plan for Bayview Terrace Subdivision. Mr. Tim Messler was present representing Bayview Terrace. Mr. Messler explained briefly what would be done and told Council that the developer had previously gone through the discussions for platting this area with Council but never did pursue 12-13-83 -08 approval of the final plat. Little moved, "we approve the sketch plan • for Bayview Terrace Subdivision". 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 adopted. 4c. Beddow moved, "the appointment of the people recommended to the Z.B.of A. by the Village Manager for the positions and terms as indicated in his memorandum of December 12, 1983 and December 13, 1983 (copy attached)". 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 adopted. 5 a.b. Mayor Stoddard commended the Village Clerk for the fine 2 & d job she did in transcribing the Minutes for such a long meeting. • The Minutes for the November 22, 1983 Council Meeting were received. The Village Manager's Report for November 21, 1983 to December 9, 1983 ~,:~~_. received. The Village Financial Statement and Water Department Financial Statement for October 1983 were also received. 6. Councilmembers discussed Proposition No. 1, briefly and what they felt would be the effect on the Village. Little moved, "we adjourn until after the first of t:he year subject to call by the Mayor or Village Manager". 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. The meeting was adjourned at 10:25 P.M. ~~~~~i(/l.~ Cy se Colbert /~ ~1t--tom C12 ~- Dat~ Approved (Signatures on next page) 12-13-83 -09 Thomas ~eddow ~~ G~~ Lee M. Brown .~ ,3 Th s Little f .., Carlton D. Stoddard ~ ~ ~ ~ ~ - William E. Wagar i' n U • MEMORAND IJL1 • From: Village Manager To: Councilmembers, Village Clerk, Building Official Subject: Appointment of Alternate Zoning Board of Adjustment Itember Date: December 13, 1983 Enclosed is a copy of the resume of Mary Louise Nolen for appointment as Alternate Member No. 2 of the Zoning Board of Adjustment. ~ Od ~~~ Robert Harp R.H:jf Enc. I~ ~ VILLAC.~ OF TEQUESTA C~ Rr SIJrIE FOR APPOIA'T~ iEi3T TO BOARD OR C0: L~IITTEE 1. Full Nar-e 2. Address: ~. S_S~/~' 3. Mailing Address: (if different than No. 2 4. Telephone No. ~ ~ `~ 7 ~/ ~~~~~ 5. Name of Board or Committee 6. How long a resident of the Village of Tequesta years 7. Are you a registered voter of the Village of Tequesta? Yes No 8. Are wu a property o~rner in the Village of Tequesta? /Yes h'o 9. Present and/or prior occupation: 10, Specific personal interests or other reasons whiFh you feel would be helpful to you as a m~nber of this Board or Committee (list): Date: ~~'! 7'~~~ Signature MEr10RANDL`_'f From: Village Manager To: Councilmembers, Village Attorney, Village Clerk, Building Official Subject: Appointments to Zoning Board of Adjustment Date: December 12, 1983 The terms of the following members and alternate members of the Village Zoning Board of Adjustment expire December 31, 1983: Regular Members Carroll D. Head Gene H. Meyerowich Alternate P4embers William Kirkland John P, Turner, Jr. Mr. Head has agreed to serve, if appointed, for a three (3) year term commencing January 1, 1984. rlr. Meyerowich has verbally advised this office that he does not desire to be appointed again. r1r. Kirkland, first alternate, has agreed to serve, if appointed, as a regular member for a three (3) year term commencing January 1, 1984. Mr. Turner, second alternate, has agreed to serve, if appointed, as first alternate member for a one (1) year term commencing January 1, 1984. Mrs. Louise Nolen, who had previously offered her services to serve on the Zoning Board of Adjustment, has agreed to serve, if appointed, as second alternate member for a one (1) year term commencing January 1, 1984. Alternate members are appointed only for a term of one (1) year. We would recommend that the following appointments be made to the Village of Tequesta Zoning Board of Adjustment: Regular members, three (3) year term, commencing January 1, 1984: Carroll D. Head ~~'illiam Kirkland • Alternate members, one (1) year term, commencing January 1, 1984: First Alternate - John P. Turner, Jr. Second Alternate - Louise Nolen. The agenda of the December 13, 1983 Council Meeting should be amended to include these appointments. L- R ed~arp RH:jf i C MFM(1R 4T~TilTTM From: Village r4anager To: Councilmembers, Village Attorney, Village Clerk, James K. Collins,P.E., William D. Reese, P.E., riel Kirk, P.E., Kenneth Davis Subject: Final Plat - Chapel Court Section II Date: December 2, 1983 Enclosed is a copy of the referenced final plat for which an application for approval has been received from the developer, through his engineer. The engineering details have been approved by Gee & Jenson for paving, drainage and water. The Loxahatchee River Environmental Control District originally approved the sewer system for the entire 38 lot subdivision. You will note that Chapel Court, Section II consists of the final 12 lots of the subdivision. • We recommend approval be given to the final plat, subject to the following provisos: 1. Receipt of check in the amount of $7,982. for park purposes. The total amount approved for this purpose was $25,000., of ~/' which $17,108 was paid for the 26 lots of Chapel Court, ,,~j' Section I. ' 2. Receipt of cash, surety bond, irrevocable letter of credit or certified check in the amount of 110% of the construction costs for Chapel Court Section II, with the Village Attorney's approval of the surety bond or irrevocable letter of credit. Upon receipt of the above items, the Village Officials can then sign the plat and it can be recorded. This matter will be an agenda item for the December 13, 1983 Council i~ieeting. 1~~~-'~ Robert Harp i• RH:jf Enc. ~ ~. riEMORAND Uf i • From: Village Manager To: Councilmembers, Village Attorney, Village Clerk, James K. Collins Subject: Chapel Court Drainage Date: December 4, 1983 Enclosed for your information is a copy of the December 5, 1983 letter from James K. Collins in regard to the referenced subject. !~~ Cr` Robert Harp RH:jf Enc. • GEE &JENSON Engineers, Architects, Planners, Inc. 2090 Palm Beach Lakes Blvd. Drawer No. 4600, West Palm Beach, FL 33402 305/683-3301 Telex 513472 G&J WPB Mr. Bob Harp Village of Tequesta Box 3474 Tequesta, FL 33458 J Re: Chapel Court Drainage Dear Bob: December 5, 1983 In regard to your letter of November 28, 1983 pertaining to the drainage retention area for Chapel Court Subdivision, the follow- ing are answers to items you mentioned: 1. I personally observed the above retention area and generally accept the construction product except for the rip-rap and wall. To exactly determine if it is at the designed depth and the side slopes are constructed to plan would require as-built surveys which need authorization by the Village. 2. Again, field surveys are required to see if outlet pipes are at the proper location. 3. Water could be remaining as a result of high ground water which takes a substantial time to lower naturally. It is true that the area will cause mosquito breeding, but SFWMD requires retention. If you have any questions on the above matter, please do not hesitate to call. ~~~~ ~~ ~ c j~ , 0~ cs~~~P ~s~ ~~-~'`'~ of ~% JKC/mj b `{' ti t ~:__.- 78-211.3 Very truly yours, GEE & JENSODI Engineers-Architects-Planners, Inc. James K. Collins, PE