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HomeMy WebLinkAboutMinutes_Regular_08/23/1983• MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA AUGUST 23, 1983 The Village Council of the Village of Tequesta held a Council i~4eeting at 7:30 P.M., Tuesday, August 23, 1983 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Stoddard, Beddow, Brown, Little and ~aagar. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The Village Clerk was on vacation. The meeting was opened with Prayer and the Pledge of Allegiance to the flag by Councilmember Wagar. The Mayor announced the September 1, 1983, 7:00 P.M., Budget Public Hearing; September 21, 1983, 7:00 P.M., Second Budget Hearing; September 13, 1983 Public Hearing for Tequesta Cove Special Exception. The Village Manager reported on the condition of Curtis Sapp and the Mayor reported that the parking lot of the Executive Office Building had been repaired. The agenda was amended to include Site Plan Review for Cypress Villas, 1 J; Dover Ditch Siltation, 2 a and Consideration of Ordinance providing for revisions to Docks and Piers section of the Zoning Ordinance under 1 b. The first matter for consideration was the request for rate 1 a increase by Perry Cable TV. This was the fourth meeting on this rnatter. Robert Jernigan, General Manager of Perry Cable TV was in attendance and submitted a re-work report to the Village Council and advised he would keep the Village Manager up to date on the progress of the re-work project. He .said once the re-work is complete, the system will be a 300 Mega I'_ertz System. Wagar said he felt Jernigan was doing a good job and did not know of any problems in his area. Beddow made several observations (1) thinks Perry Cable TV is entitled to rate relief as their financial statements indicate (2) a sounder financial base will help the company to give better service (3) service is not what it should be but the company is bringing the plant up-to-date (4) Jernigan is doing a good job and getting better service for the area (5) about all other Perry Cable TV areas have granted the rate increase and these other areas have probably looked into the matter as much or more than the Village. Brown noted a number of residents were not happy with the service in the past, but the company's response time seems to have improved in the last several months. He said he does not consider cable TV as essential an item . as other utilities. Little had no comments. Stoddard said he feels Perry Cable TV needs a rate increase to properly provide service for its customers. If 8-23-83 - 2 • a rate increase was not approved, the system would probably not be kept up to date. Stoddard wanted Jernigan's assurance that the entire Village system would be swept and defective cable, etc. replaced and was so assured. Brown asked Jernigan about the 300 Mega Hertz System and was advised it would provide for 35 channels and additional channels up to 60 could be provided with a 400 Mega Hertz System. Jernigan cited some new everyday uses that will affect all of our lives and said the company is looking at all new innovations for the future. Jernigan promised the best cable service available. Stoddard made comments about the new dish antennas, with the possibility of legislation being prepared for control of same. He also spoke of progress being made in cable channels scrambling their signals. He suggested to Jernigan that Perry Cable TV give notice to residents when they are going to be trimming trees and bushes on their property. Peter Baron, Tequesta Garden Apartments, said he does not believe customers should be financing the system. He also questioned Jernigan about costs for a particular type of service he has received a letter about and questioned the bill he had received for the service. ter. Koch, 12 Palmetto Way, told Jernigan they took the weather channel away and that it could be received again at a cost of $3.95 per month. He wondered why it could not be received without any charge. Jernigan said he had only been with Perry for about 12 years and was not familiar with what . took place before that time. Jernigan said they have to carry Channel 61 and the government says what channels must be carried. Koch had questions about a Perry Cable TV truck driving over his property and Jernigan said he would look into this. Beddow moved, seconded by Brown that the rates requested by Perry Cable TV Company be approved. The vote on the motion was: Beddow For Brown For Stoddard For Little For Wagar For and the motion therefore passed. The next matter for consideration was proposed revisions to the 1 b Village Zoning Ordinance pertaining to existing docks and piers. Joseph B. Yoder, Jr, was in attendance to discuss same. He noted that a study group had prepared a uniform dock and pier ordinance but that it was never adopted by Palm Beach and Martin County. He reviewed the proposed changes he had written up and had been put into ordinance form by the Village Attorney. Beddow thought the matter of boat lifts, davits, whips, etc. being considered as structural alterations could be determined administratively, but the Village Attorney said this left too much discretion to the Building Official. 8-23-83 - 3 Beddow noted that pilings waterward of the dock were controlled on Page 102 of the Zoning Ordinance and questioned if the pilings were any different than whips, davits, etc. He also asked Yoder why his group arrived at the square foot figures and Yoder said it was by mutual agreement and no particular reason for the size. Yoder said it was a good ordinance designed to keep docks and piers going out into narrow areas of the River. He said the Building Depart- ment should be able to use judgment in this matter. Beddow said he had hoped to have davits, whips, etc. approved by administrative ordinance. The Village Attorney said the existing ordinance needs to be clarified. A discussion ensued on an editorial in the Miami Herald about the Loxahatchee River and Yoder's Letter to the Editor reply. The Village Attorney then read the following ordinance title: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE N0. 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 SEVERABILITY; PROVIDING FOR CODIFICATION; PROVID- ING AN EFFECTIVE DATE. • Brown moved, seconded by Wagar that the first reading of the ordinance be approved. The vote on the motion was: Brown For Wagar For Stoddard For Little For Beddow For and the motion therefore passed. Little suggested that the ordinance be sent to all governmental agencies upon its ado;~tion. The next matter for consideration was Nichols Sanitation, Inc. 1 c request for a rate increase of $1.35 per month for residential users and $0.43 per yard for commercial customers. This rate increase was made necessary due to Palm Beach County's increase of 75% in its dumping fees. Ron Arrowood, General Manager of Nichols Sanitation, Inc. explained the request, advising that all of the increase would go to the County. Stoddard said he believes that the Village has no choice except to approve the increase. Little questioned if the Martin County dump could be used, but Arrowood said this was a longer haul. Stoddard said the handling of garbage has to be dealt with by Palm Beach County. Brown had a question as to rates for other areas which were paid directly by the customer. Arrowood said the rates were comparable due to the fact that there is no can limit and yard trash collection . is included in the rate. Beddow said he did not want to see the Village discriminated against by the rates and Arrowood said the Village was getting the best service money will buy. 8-23-83 - 4 • Beddow moved, seconded by Wagar that the Nichols Sanitation, Inc. rate request be approved, to be effective October 1, 1983. The vote on the motion was: Beddow For Wagar For Little For Stoddard For Brown For and the motion therefore passed. The next item was a report of the Jupiter Community Education Program by Stacy A. Thomas. The Councilmembers had received copies of the report. Thomas reviewed three up-coming changes and also advised that he would be leaving the program. Approximately 30% of the users of the program are from Tequesta. Beddow said he was sorry to see Thomas leave the program and other Councilmembers concurred. Peter Baron said it was a fine program. The Council then considered an agreement between the School Board of Palm Beach County and the Village of Tequesta for the Community School Program for 1983-1984 with cost of $2100. to the Village. Beddow moved, seconded by Brown that the agreement be approved. The vote on the motion was: • Beddow For Brown For Wagar For Little For Stoddard For and the motion therefore passed. The next item for consideration was Site Plan Review for Home 1 f Savings of America, Lloyd K. Snow was in attendance representing the applicant. The Village Building Official advised that following the Community Appearance Board meeting at which the exterior sign was considered, the Village was advised that the sign face would be bronze and not blue as approved. He also explained that the renovations were for 225-227 U.S. Highway No. 1, `v'illage Square Shopping Center, where the company is going to move to, from Tequesta Plaza. Beddow moved, seconded by Little, that the Site Plan Review for Home Savings of America be approved subject to the approval of the Community Appearance Board for the bronze sign face. The vote on the motion was: Beddow For Little For Stoddard For Brown For Wagar For • and the motion therefore passed. 8-23-83 - 5 r1 U The next item for consideration was Site Plan Review for Community 1 g Federal Savings and Loan Association, Gallery Square North Branch Office. The Building Official advised the proposed changes would make the facility a full service facility. Beddow asked if drive-in areas would remain and was advised it would. He also asked where the addition would be and James Bassett advised it would be on the east end of the building and take in the office space on the west end of the building. Beddow moved, seconded by Little, that the Site Plan Review for Community Federal Savings and Loan Company, Gallery Square North Branch, be approved. The vote on the motion was: Beddow For Little For Stoddard For Brown For Wagar For and the motion therefore passed. The next item for consideration was Site Plan Review for Norton 1 h Tire Company, 160 Bridge Road. The Building Official advised that this was for temporary signs, painting and interior alterations as previously allowed by the Village Council on a temporary basis. Stoddard asked about the build- ing connecting to ENCON's future sewer lines for the area and was advised the • owner of the property would be responsible for this. Beddow asked about the proposed signs and the Building Official reviewed same for the Council. Beddow wanted to know what color Chateau Brown paint is in relationship to the color now on the building and Norton's representative advised that was it. Beddow also asked about a corrugated metal area near the east end of the build- ing and was advised that it was an overhead door. Beddow moved, seconded by Brown that the Site Plan Review for Norton Tire Co. be approved. The vote on the motion was: Beddow For Brown For Stoddard For Wagar For Little For and the motion therefore passed. The next item for consideration was Site Plan Review for Cinderella 1 i Cleaners, 224 Tequesta Drive, Tequesta Plaza. No one was present to represent the applicant. The Building Official advised the review was for an exterior sign, adding the work "Cinderella" over the existing words "Laundry" and "Cleaners". Beddow moved, seconded by Brown that the Site Plan Review for Cinderella Cleaners be approved. The vote on the motion was: Beddow For • Brown For Wagar For Little For Stoddard For 8-23-83 - 6 • and the motion therefore passed. The next item for consideration was Site Plan Review for Cypress 1 j Villas, Cypress Drive, north of Tequesta Drive. Jerry Wuhrman, the applicant, was in attendance. The P7ayor asked Police Chief Frank Flannery if he could foresee any major problems for the area and Flannery advised he knows of no reason why the project should not be approved. Stoddard asked if there would be any traffic problems and Flannery said "No". Beddow asked if the development would cause any undue burden on the Police Department, and Flannery said "No". Beddow asked if there was any problem with drainage retention areas and Wuhrman said no since it would be designed to meet the Village engineer's approval. Beddow asked about the organization of a homeowner's association for the area and Wuhrman said rules, regulations, etc. would be established. Al Wilshar, 87 Yacht Club Place, said he opposed approval of the project due to past problems in the area and also due to the fact that most of the persons who lived there would be renters and not owners. Beddow said the Council must act according to the Village Ordinances for such developments and cannot see how approval can be denied. He said he abhors the problems and fears that Wilshar's in-laws had, but does not see anything to stop the development as presented. Little noted an instance which he observed in the area made by motorcycles and which the Village police handled in good fashion. Wilshar again said he was against the project. Beddow moved, seconded by • Little that the Site Plan Review for Cypress Villas be approved, subject to Village engineer's approval of drainage plan for the site; subject to appli- cant proving that contract for acquisition of stock has been performed and that the owner/developer is the sole owner of the property, and subject to the applicant providing notification to persons interested in purchasing units in the project, that the development is next to a railroad which generates noise. Little said details of the area would be in the company's sales brochures. Brown said he wondered about compliance with drainage and the Building Official said the plans would be submitted to the Village engineers for approval. The vote on the motion was: Beddow For Little For Brown For Wagar For Stoddard For and the motion therefore passed. John Giba, representing Tequesta Country Club Community Association 1 h expressed their concerns about the condition of the site of the Tequesta Drive, Dover Road drainage project areas. He said he was aware of some of the problems with the subcontractor not working. Little advised the work had started again and the Village Manager said the prime contractor has given a letter saying he expected to have the job done within the contract time. • 3-23-83 - 7 • Stoddard expressed the Jupiter Inlet District's concern about siltation in the Loxahatchee River and that the Village needs to work with the District to prevent a re-ocr_urrence of the problem. He noted the erosion damage to the ditch, especially west of Riverside Drive and the agreement for the Village to maintain the ditch. The Village Attorney said the agreement pertains to Village maintaining - Stoddard suggested having the Village engineers inspect the ditch west of Riverside Drive and advise what should be done. The Village Attorney said the agreement was not a contractual obligation, but was a means for the Village to be reimbursed partially by the County. Beddow expressed concern about the drainage from Jupiter going into the ditch. The Village Attorney said it is a joint obligation of the users of the ditch for maintenance. Beddow said he thought Jupiter Inlet District should be getting the Village and Jupiter and the District to jointly look into the problem. He said he does not see why it should be the sole obligation of the Village. Stoddard said the Inlet District has a copy of the agreement in hand and the District is looking to Tequesta for something to be done. Little said the sandbar did not come from the drainage ditch and that the erosion was from Jupiter side of the ditch west of Riverside Drive. He said we should not make it the Village's responsibility to solve the problem. Beddow said he does not think the Village should do anything which will show Village respon- sibility. Stoddard said he feels the Village of Tequesta has honorable relations with Jupiter and Jupiter Inlet District. He said he would like to be instructed by Council as to what procedure the Village should follow in • this matter. The Village needs to come to grips with the problem. Little said we should let "a sleeping dog lie". Beddow said to tell the Inlet District it is not solely Village involvement, but Jupiter and Jupiter Inlet Distrrct should all get together to discuss the subject and the Mayor should not admit any Village liability and not concede it is the sole obligation of the Village to maintain the ditch. Wagar said maintenance of the ditch should be a shared expense with Jupiter on a percentage basis and Jupiter has the major portion and one or the other should be responsible for the maintenance. Beddow said the amount of discharge into the ditch by both Jupiter and Tequesta should be looked at. Wagar suggested approaching Jupiter about sharing the problem and if this is not successful, go to Jupiter Inlet District to get both parties together. The Village Attorney said the first meeting indicated it was possibly a three-party problem, the Inlet District, Jupiter and Tequesta. Beddow said it would be better if the Inlet District was the moving party. Little said he believed there were two problems (1) Dover ditch is a Village and Jupiter problem and (2) siltation is a Jupiter Inlet District problem. Beddow said he agrees with Little that there was too much siltation for the ditch to make. Stoddard said the District does not want erosion to cause a problem again. Stoddard advised that at a Jupiter Inlet District meeting, the District indicated that if the Village would take care of the ditch, the District might provide for removal of the sandbar. Stoddard said to some extent the Old Dixie drainage problem is a part of this problem with Jupiter • and Jupiter has taken the initiative and came up with three plans for drainage. 8-23-83 - 8 He said it is a joint problem that will have to be faced up to and hopes we can work the problem out with Jupiter in a cooperative manner. Brown said he thought the FEC might assist and might be able to get a drainpipe into the River. Stoddard said Jupiter initiated this project and it is their baby. Little asked if storm water has damaged the railroad right-of-way and was advised it had not. Wagar said the ditch is filling in and not being maintained. Stoddard said the Village does not want to take any initiative on Old Dixie Highway drainage problem. Beddow mentioned a story in the Courier that Jupiter was planning to put a drainage system along Cypress Drive, but nothing has been done about it. He said he believes the three entities should get together about the siltation problem. Stoddard said he has to respond to the District and Little said not to admit responsibility for siltation. Little asked about the flap gates, trash fence, winch, etc. It was agreed to have the engineer at the September 13, 1983 Council Meeting to discuss same. The Council considered a resolution prepared by Stoddard requesting 3 a the Board of County Commissioners to authorize continued Advanced Life Support service by North County Ambulance, Inc. Beddow said the resolution was good, but thought the fourth "Whereas" should be changed to read "supplemented by 7 paid state certified paramedics". Little said the resolution would be a step in the right direction and a tremendous service for the ambulance squad. • Stoddard passed the gavel to Beddow, read the resolution by title and moved its approval with the change in wording in the fourth "Whereas". The resolution was seconded by Little. The vote on the motion was: Stoddard For Little For Wagar For Brown For Beddow For and the motion therefore passed. Bud Smith, President of the North County Ambulance, Inc, thanked the Council for the resolution. Little said ambulance dispatching should remain in the north end of the County and Beddow said there was no room in the Village budget for this dispatching. The Council next considered a resolution requesting the acquisition 3 b of surplus U.S. Coast Guard land area in Tequesta for a future area park, etc. Beddow said it was a good resolution but thought it should also be sent to all Florida Federal Legislators and said he fears the County will get in the way of Tequesta to obtain title to the property. Stoddard said the Village should have title to the land since it is within the Village. John Giba said he had been trying to promote use of the property for a cultural center and said the property has been excessed. He further said the property belongs to Tequesta since it is in the town's limits and should be developed as a cultural center. Beddow said the resolution should be revised to express a general purpose for • use of the land and suggested that the Village Attorney look up the rules and regulations for disposing of excess government property and write the appropriate resolution. Brown questioned what purpose the resolution would serve. Wagar 1 8-23-83 - 9 asked Giba if the property had been excessed and Giba referred to a January 1980 letter. Giba suggested that Cypress Villas on Cypress Drive '~iorth provide for lighting for its parking areas since the area is so dark. The minutes of the September 28, 1982 Public Hearing were received as submitted. The minutes of the September 28, 1982 Council Meeting were accepted with changes as noted. The minutes of the July 26, 1983 Council Meeting will be considered at the September 13, 1983 Council Fleeting. The Village and Water Department Financial Statements for July 1983 were received. Questions were asked concerning items 19, 38, 80 and 86 of the Village Manager's Report. Beddow questioned the distribution of the Attorney's fees in the Florida Consumers Federation Case and the Village Attorney said the court failed to reduce the fees as appealed for and believes the even split with the Town of Palm Beach was an equitable basis for both parties. Brown asked about the problem with various items scattered at the rear of a lot on Camelia Circle and the Village :Manager advised the resident had been contacted and was cleaning up the area and his own lot. Brown also • expressed his concern over the fact that sand had been dumped on the lot behind his and leveled out covering up weeds which he had previously expressed concern about. He said he was unhappy with the situation and thought it might be a violation of the dumping ordinance. Little said the proper way to prepare for building is to get foreign materials out of the ground. Stoddard noted the County's proposed plan for control of beach erosion control and advised that Cal Christian would attend the meeting concerning same and report back. Stoddard said he had received a letter from the Beach Road Association noting the proposal was not in their area. The meeting was adjourned at 11:25 P.M. Lee Ni. Brow Th as J. Little ,~ , ~_.. Carlton D. Stoddard William Wagar Date proved Thomas Beddow P.espectfully submitted, Robert Harn Village Manager RH:jf