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HomeMy WebLinkAboutMinutes_Regular_02/13/1979MINUTES OF THE MEETING OF THE COUNCIL • OF THE VILLAGE OF TEQUESTA, FLORIDA FEBRUARY 13, 1979 A meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M., Tuesday, February 13, 1979 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Brown, Mapes, Cook, Ryan and Yoder. Also present were Robert Harp, Village Manager and John C. Randolph, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Councilmember Yoder. Mayor Brown made the following announcements: 1. Cyrese Colbert, Village Clerk, had a baby girl February 8, 1979. 2. February 20, 1979 as final day for candidates to file for March 13, 1979 General Election. 3. The Village Community Appearance Board will meet at 9:00 A.M., February 14, 1979 in the Village Hall. 4. COG meeting will be held at 7:30 P.M., February 14, 1979 in the Village Hall. 5. The Treasure Coast Regional Planning Council will consider • the Village's Comprehensive Plan at their March 8, 1979 meeting. The agenda was amended as follows: 1. 4a) - Florida Power & Light Company consent agreement was deleted and the east-west road letter from Ernest A. Donner was made item 4a. 2. 2a) - Time for Visitors - Leon Katz, representing the owner of the Lighthouse Plaza to discuss the schedule for completion. of improvements to the Plaza. Mapes suggested that since Village Consultants were paid for their appearances at the Village meetings, the agenda should be made up to allow them to be on the agenda as early as possible. Brown said there had been prior discussion on this matter with some comments having been made that some visitors with comments on items not on the agenda might have to stay at the meeting too long. The future agendas will be made up to be as fair to all as is possible. The minutes of the January 23, 1979 Council Meeting; January 30, 1979 Public Hearing and January 30, 1979 Special Council Meeting were accepted as submitted. Questions were asked concerning items 1, 24, 33, 38 and 43 of the Village Manager's Report for the period January 21, 1979 to February 10, 1979. u 2-13-79 - 2 • Leon Katz, representing the owner of the Lighthouse Plaza, appeared to discuss the Letter received from the Village Manager and Mr. Stanley Harte's reply to the Village Manager in regard to uncompleted promised improvements to the Plaza. Katz revealed the fact that the tenants had practically demanded that the striping of the parking lot not be done until after the tourist season is over. Brown said both he and the Village Manager had been contacted about withholding the striping until after the Christmas shopping season, but approval for same had not been given. Katz said the striping, painting of curbing, painting of fire lanes, etc. was to be commenced by the contractor February 22, 1979. Katz advised of the problem with obtaining a contractor to fill in pot holes but believes they were being taken care of as quickly as possible. Mapes advised of the necessity for the Village maintenance crew to fill in a hole in the main driveway recently because of a police report of pot holes causing traffic problems. Katz said they were waiting to complete the landscaping and coral rock work near Tequesta Drive until they know what the Fidelity Federal Savings and Loan Company landscaping plan is going to be. Yoder said the savings and loan would do what they said they would do. Katz said they were not aware of the savings and loan landscaping plans. The Village Manager said the Lighthouse Plaza landscape architect had said he would review the landscaping plans for both the savings and loan and the Met Club. He was advised both landscaping plans were available in the Building Official's office. Katz said they had not received a new plan for the existing Tequesta Drive pylon sign any better than the existing pylon sign. Mapes stated ?~Ir. Harte had advised the Council the various • items would be completed in thirty (30) days from November 14, 1978. Katz said he could not state a date for completion of the improvements and Mr. Hart e. would communicate with the Village in this regard. The Council unanimously agreed to consider agenda item 3e next. Frank W. Brutt, Executive Director of the Area Planning Board of Palm Beach County appeared before the Council with his staff members Richard Stalker and Jim Fleischman, to discuss the proposed resolution in support of the APB Areawide Waste Treatment Management Draft Plan, which basically speaks to non-point pollution. Brutt said the resolution provides for. the manage- ment of the overall planning program by a lead agency; municipal consider- ation of water quality management strategies when preparing or revising comprehensive plans and municipal support of the 208 Planning effort by cooperating to the extent practicable in the development and implementation of specific water quality management tools, pursuant to recommendations in the 208 Plan. He estimated it would take three (3) years to evaluate and have the SFWMD legislation revised to make them the lead agency and the Board of County Commissioners of Palm Beach County would be the lead agency until SFWMD could assume the responsibilities and lead agency. A major requirement is that the lead agency must have an elected board and the SFWMD board is not elected. The Village Manager read a resolution entitled: "A Resolution of the Village of Tequesta, Florida, indicating its concurrence with the management recommendations presented in the Palm Beach County Areawide Waste Treatment Management Plan, hereafter referred to as the "208 Plan", and its understanding of the water quality management agency designation process which • is oriented to implementation of said plan for the designated Palm Beach County "208" Planning Area, hereinafter referred to as the "Planning Area". 2-13-79 - 3 • Yoder moved, seconded by Mapes that the resolution be adopted. Yoder said the Village has some residents living in flood prone areas; that the Village is in the process of planning for making drainage improvements and he wondered if the plan would prevent the obtaining of permits for putting storm drainage into the River. He further said some of the manage- ment practices would be expensive. Brutt said provisions would have to be made for trapping of detrimental materials before discharge of surface water into the River. The Loxahatchee River Environmental Control District was recognized as a level of authority during the development of the plan. The individual communities should adopt the various necessary regulations to conform with the plan. Stalker said the ENCON District has the basic authority and the Count Commission would establish olicies to be im lemented y P P through ENCON. Brown spoke of drainage problems and of existing facilities and said he concurs that there should not be an additional layer of govern- ment to implement the plan and questioned why the plan provides for dealing with ENCON. Stalker said there are eighteen (18) agencies involved with the plan in one way or another and they are going to define the roles of each agency but have overall coordination by one agency. Stalker said APB is not disagreeing with ENCON and will work with them in regard to the plan. Yoder said the Village of Tequesta could get along without ENCON. Cook asked if the Palm Beach County Commission was the lead agency would they make septic tank studies of the Village areas. Stalker said the APB was designated by the Governor to provide wastewater planning for Palm Beach County. Brutt said the APB plan acknowledges the existing planning • agencies such as the South Florida Water Management District. Zielinski questioned the program and need for the South Florida Water Management District and what they did for the various areas. Ryan asked if ENCON has responded to the proposed resolution and Stalker advised they had not as yet. There was no further discussion on the matter and Brown called for the vote on the motion, which was: Yoder For Mapes For Cook For Ryan For Brown For and the motion therefore passed and Resolution No. 6-78/79 was adopted. Brown thanked the members of the APB staff for their attendance and present- ation. The Village Manager gave second reading, by title only, of an ordinance providing for the annexation of properties owned by First Marine Bank & Trust Company of the Palm Beaches, Trustee (Dorner Properties). Mapes moved, seconded by Ryan that the second reading be approved. The vote on the motion was: Mapes For Ryan For • Brown For Cook For Yoder For 2-13-79 - 4 • and the motion therefore passed. The first reading of the ordinance having been approved November 14, 1978, Ordinance No. 268 was therefore adopted on second reading. The Village Manager gave second reading, by title only, of an ordinance providing for the annexation of properties owned by Thomas H. Daly and Virginia W. Daly and Daniel A. DeNicola. Ryan moved, seconded by Mapes that the second reading be approved. The vote on the motion was: Ryan For Mapes For Yoder For Cook For Brown For and the motion therefore passed. The first reading of the ordinance having been approved January 9, 1979, Ordinance No. 269 was therefore adopted on second reading. Sandy Nettles, Gee & Jenson, LJater Department Consulting Engineers, appeared before the Village Council to discuss their proposed additional water testing program and U.S.G.S. Agreement. He advised of the need for a plan he had developed to provide additional information for the South Florida Glater Management District in regard to the Village's request for additional water allocation, which the District had denied because of their • concern for the high salinity in the deep test wells. Yoder said he was concerned because there are so many agencies involved now and believes that he wants only one water data collection agency for the Village program. Nettles recalled the budget cut that the U.S.G.S. had sustained in their matching funds program for the current fiscal year. He said the U.S.G.S. was not capable of providing conductivity survey data at this time. The Council unanimously agreed that the U.S.G.S. representative should be present at the February 27, 1979 Council Meeting to tell the Council what testing they could or could not perform. Nettles said salt water intrusion was a problem of concern to the Water Management District and their firm. He said U.S.G.S. information was used as a national data base but they were not generating enough information. Yoder asked Nettles about the adequacy of the water main to Jupiter Island, and Nettles said he was a hydrologist, not an engineer, but would submit the matter to John McKune. Ryan asked why the Village should not have Gee & Jenson do all the necessary testing and interpreting of the data. Zielinski questioned the Water Panagement District and what it does. Nettles advised they are a State regulatory agency that protects water resources. The Water Management District does not have enough manpower and would have too much red tape to provide the testing services. Brown spoke of the February 13, 1979 meeting of representatives of the Village, Town of Jupiter, Palm Beach County and ENCON to discuss a cooperative drainage program. John Wise was not present and Nettles was asked to have him write a status letter on the Country Club Drive drainage. 2-13-79 - 5 • Brown read a February 7, 1979 letter from Ernest A. Dorner, expressing his good intentions that somewhere in the future, when necessary, an acceptable east-west road easement in concert with other property owners over the existing 50 foot easement, will receive his support. The road would be north of Tequesta Drive and from U.S. Highway No. 1 to Old Dixie Highway. The Village Attorney advised the letter expressed only the intent of the present property owner, is not binding, and would not run with a transfer of the land to a new owner. Robert Sylvester referred to the fact that ENCON is planning for a sewer easement in the area which might have some bearing on the location for an east-west road. The letter is to be filed for future reference. The next item for consideration was the January 30, 1979 memorandum from J. Giba proposing Planning Consultant Services to the Village. Brown said Giba was out of town and Yoder suggested holding the item over to the February 27, 1979 Council Meeting. Cook read a prepared statement indicat- ing that she was not in favor of the proposal, reviewing each item in the proposal, and indicating the matters could be performed by staff and supplemented by professional assistance on an hourly basis. Yoder asked the Village Manager how he was making out with two of the office personnel absent and was advised he was managing to keep abreast of the work. Yoder suggested a personnel office survey at sometime in the future to assist in making the best use of available personnel. Ryan said he felt as Cook had related. Brown expressed concern over financial matters in the event the Village Manager should become unavailable and suggested obtaining part-time • assistance from someone with expertise in the municipal accounting field and hiring a firm to conduct a personnel survey. The Village Manager said he would review some information he had received from the State pertaining to such a survey. The Village Manager said he thought it would be necessary to retain a professional person, probably a Florida professional engineer (P.E.) to assist with Site Plan Review, zoning, etc. in the future. Robert Sattley spoke to the Council of his association with Giba in the previous planning program and praised him for his excellent work in this regard. Robert Moore praised Giba for his untiring work, especially with the Martin County Commission and others, in trying to resolve the matter of the continuance of County Line Road to Country Club Drive extension in the Little Club area of Martin County. Brown said Giba had brought the various dissident groups closer together in their efforts to resolve this problem. The Giba proposal is to be on the agenda of the February 27, 1979 Council Meeting. The Village Manager discussed an intergovernmental agreement received from Palm Beach County providing for their assumption of owner- ship, management and control of various traffic signals within the Village, and other matters spelled out under the terms of the agreement (copies of agreement had been sent to Councilmembers, Village Attorney, Police Chief, prior to the meeting). 7ielinski explained some of the activities of the Palm Beach County Traffic Division. The Village Manager advised we presently reimburse the County for signal maintenance, road striping, etc., pay electric bills for signals and would recommend the Council approve the agreement. Mapes questioned the possible loss of some Village control and was advised it would be lost pursuant to the terms of the agreement, but if the Village did not enter into the agreement, it would probably ask the 2-13-79 - 6 • County to make a study for any additional signals the Village might wish to install. Yoder moved, seconded by Cook, that the appropriate Village officials be authorized to execute the agreement entitled "Intergovernmental Agreement between the Board of County Commissioners of Palm Beach County and the Village of Tequesta to provide Traffic Engineering Services". The vote on the motion was: Yoder For. Cook For Brown For Ryan For Mapes For and the motion therefore passed. The Building Official and Village Attorney reviewed documents pertaining to approval or disapproval of site plan after review pursuant to Ordinance No. 266. The Village Attorney reviewed the form entitled "Site Plan Review Council Findings". Ryan moved, seconded by Yoder that the "Site Plan Review Council Findings" form be approved. The vote on the motion was: Yoder For Ryan For Cook For • Mapes For Brown For and the motion therefore passed. A discussion ensued on the Village's January 5, 1979 revised Flood Insurance Rate Map (FIRM) which had recently been received from the Federal Insurance Administration and which they had had prepared. The Building Official assisted the Councilmembers in how to read the map. Yoder advised a survey of his property on River Drive indicated a higher elevation than the rate map indicated and questioned the accuracy of the map. He said this could cause increased insurance costs to property owners if their properties should actually be a higher elevation than the zone indicated on the map. The Building Official advised of his department's continuing program of shooting elevations, upon request, every several weeks and recording of same, using base data of several surveying firms. There is no charge to the property owner for this service. It was suggested that the Building Official determine an appropriate charge for this service for Council approval. It was also suggested that the insurance agencies and companies be advised of this Village service but this matter was tempered with the suggestion that such notice could possibly cause an extreme hardship on the Building Department if requests for elevations should come in a great volume. Word of mouth was thought to be an appropriate way for the fact of this service to be disseminated. Brown advised that ENCON had withdrawn all requests for legis- lative changes for the District except item 2 - Solid Waste and item 10 - Stagger~dterms for Board members, which had been sent to the Martin County Legislative Delegation in the January 11, 1979 letter from the District's attorney. The Village Council was in agreement that solid waste authority 2-13-79 - 7 • for the area encompassed by ENCON should be in the Palm Beach County Solid Waste Authority and was in agreement on the provision for staggered two (2) year terms for Board members. Mayor Brown read a proposed Council of Governments resolution asking for the abolition of the Loxahatchee River Environmental Control District with the district's functions to be trans- ferred to the responsible County agencies. Mapes asked what would happen to ENCON's debit if the District was abolished and it was stated it would probably have to be refunded by the Counties. Mapes moved, seconded by Ryan that the Village representative on the Loxahatchee Council of Govern- ments (COG), Mayor Brown, be authorized to vote that the authority for solid waste not be vested in the Loxahatchee River Environmental Control District (ENCON) at the February 14, 1979 Council of Governments meeting. The vote on the motion was: Mapes For Ryan For Brown For Cook For Yoder For and the motion therefore passed. Mapes moved, seconded by Ryan, that the Village representative on the Loxahatchee Council of Governments (COG), Mayor Brown, be authorized to vote in favor of a change in the ENCON Act to provide that Board members be elected to two (2) year staggered terms. The vote on the motion was: • Mapes For Ryan For Cook For Yoder For Brown For and the motion therefore passed. Yoder said he was in favor of the concept of disbanding ENCON. The Village Attorney said he had a problem with the consideration of the proposed resolution for abolishing ENCON, since it was not an agenda item and seemed to be a very weighty problem for Council's attention. Yoder said he believes the agenda item 5e, now under discussion, covers the action in this regard. A poll of the Council indicated their desire to have ENCON abolished. P,yan moved, seconded by Yoder that the Village representative on the Loxahatchee Council of Governments (COG), Mayor Brown, be authorized to vote for the abolition of the Loxahatchee River Environ- mental Control District (ENCON) and that the District's functions be transferred to the responsible County agencies, at the February 14, 1979 Council of Governments meeting. The vote on the motion was: Ryan For Yoder For Brown For Mapes For • Cook Against and the motion therefore passed 4-l. 2-13-79 - 8 • A discussion followed on the Village Attorney's request for an increase in compensation, to be effective January 1, 1979, as set forth in the Village Manager's February 6, 1979 memorandum in this regard. The request is for an increase in the monthly retainer from $375. to $500. and the hourly rate from $40. to $60. The Village Manager advised of the compensation of other municipal attorneys in the area which closely conforms to the requested increase. Cook asked why the Village Attorney had not made the proposal at budget time and was advised he did not think to do so. Yoder said he believed the Village Attorney was doing a good job and the requested compensation was in line. Ryan said he believed Randolph to be an excellent legal representative for the Village. Mapes said he had no objections to the request but was hoping for an incremental increase. The Village Attorney said he has and continues to enjoy his experiences and relationships with the Village, Mapes moved, seconded by Ryan that effective January 1, 1979, the Village Attorney's retainer be $500. per month and the hourly rate for additional work be $60. per hour. The vote on the motion was: Mapes For Ryan For Brown For Cook For Yoder For and the motion therefore passed. • There being no further business, the meeting was adjourned at 11:45 P.M. Respectfully submitted, "Robert Harp Village Manager RH:jf