Loading...
HomeMy WebLinkAboutMinutes_Regular_07/24/1979i MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, PEORIA July 24, 1979 A Meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M., Tuesday, July 24 1979 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were Brown, Cook, Mapes, Ryan and Yoder. 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 Mayor Brown. Mayor Brown introduced three Jupiter High School students that were attending the meeting for a school project. He introduced Dixie McGaffick, Met Kloiber and Sherry Cloud. The following changes were made to the Agenda: 1. change 4d. to 4e. 2. change 4d. to approving certain accounts for $910,000. Improvement Bonds, Series 1979 3. add 4f. First reading of an Ordinance increasing Public Service Tax Mayor Brown announced that Police Chief Frank Flannery and Detective Carl Roderick were present and commended the Police Department on catching the daytime burglar that has been in this area. Mayor Brown announced the Zoning Board of Adjustment Hearing on Wednesday, August 15, 1979. He also announced that construction of the pipe across Tequesta Drive bridge will start the second week in August. The minutes of the Special Council Meeting, July 3, 1979 and the Minutes of the Site Plan Review, July 10, 1979 were received as presented. The minutes of the Council Meeting were received with corrections. Under the item ld. Village Manager's Report, July 8-21, 1979 Council discussed briefly items ~~13 (the Mills property) 437 (letter to Village Attorney about bicycle path to Beach Road) and item ~k22 (authorizing Florida Power and Light to install a street light on Fairway North). The report was received by Council. The Financial Statement for June, 1979, and the Water Department Financial Statement for June, 1979 were received. John Giba, Village Planning Consultant, 1. he has completed the report on the Council set up a Workshop meeting at 5:00 P.M. Since most Councilmembers would be moved, "that the Meeting of August reported on analysis of ~n the repor out of town 14, 1979 be the following: the Village Administration t for August 21, 1979 on August 14, 1979 Ryan cancelled". Mapes 07-24-79 -02 seconded and vote on the motion was: • Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. 2. Mr. Giba reported that he had attended a meeting of Juno and Jupiter on a proposed plan for Impact Fee. Giba said Jupiter has turned it down and Juno has postponed their decision for now 3. Giba told Council that at the last Martin County Commission meeting that he attended, they had on the agenda the connector road and their Attorney asked for direction to proceed with possible legal suit against the Girl Scouts. Giba was unable to stay the entire length of the meeting but advised :that Mr.Bob Moore had, and if he came to this meeting later on in the evening maybe he could give a report. 4. Thursday the Palm Beach County Commissioners will meet as a Zoning Board of Adjustment to hear the requests from Shell Oil Company Development and Besnah Development. The Shell Oil Company plans call for 56 units with a sewage plant on the property that would average about 25,000 gallons of waste a day, which, after treatment, would be emptied into the Intracoastal. Giba told Council that if they so desired he would represent the Village in opposing this request • from Shell at the meeting. Giba gave directions to Council to oppose such plans. Besnah Development is proposing 10 story condominiums which Giba said would be approximately 100' in height but it would be against Palm Beach County's Zoning limitation of 8 stories. Council told Giba that they still oppose the 10 story building, that it should be in line with the Zoning limitation of 8 stories and would like him to express Council's opposition against the proposal. Yoder asked Giba if the Annexation Committee has gotten involved with the proposed annexation of the JIB Club, if not maybe they can get involved and get their feet into this. Brown agreed with Yoder that the Annexation Committee should look into this and work with this proposed annexation. Mr. John Wise, Gee & Jenson, told Council that as far as the drainage improvements work is concerned there is a_lot of intense work being done. He said that he has personally worked on a lot of bigger jobs but never a job as intense as this one. He said the improvement is moving quite well. He discussed several items. 1. Country Club - Mr. Wise passed out a copy of W. Jackson & Sons Construction Schedule. On the Schedule it showed that the clearing, clean up and hauling of Lake ~~5 is 100% complete. The clearing, cleaning up and hauling of lake ~~2 is about 50% ahead of schedule. Brown told Mr. Wise that.,Lake ~,E2 has the highest mountain in Tequesta. Mr. Wise told Brown that the material excavated from ,Lake 4~5 is being stockpiled at Lake ~~2. Removal of the material is scheduled to begin by noon, Wednesday, July 25, 1979. The excavation of lake ~~5 is about 80% complete. The installation of the culvert pipe from C4 to C9 is about 75% complete. Mr. Wise • said the program is about 25% complete. 2. Lot 270 and 271 - Mr. Wise told Council that he had received a telephone call from Mr. & Mrs. Wolfe,lot 271, who had received notice that the drainage program would commence about the middle of August, 1979 and that any tree, shrubbery, plants, sprinkler systems, walls, fences or other items that may be 07-24-79 -03 in the drainage easement would have to be removed at the property owners expense. Mr. Wolfe was concerned that the lot next to his (lot 270) has a newly constructed house on it and that the contractor was putting in sod and a sprinkler system, even after Mr. Wolfe had notified them of the drainage improvements. Mr. Wise said that the contractor can do the work starting this week or next week. He also said they needed an approval to award a clearing contract for $350.00 to do the work at lots 270 and 271. This would involve the removal of 2 large trees and clearing and hauling away of debris. The Village Manager asked Mr. Wise to explain about the Easement Clearing Program, Mr. Wise told Council that there are 18 different easements adjacent to the Golf Course and the balance of the community where new pipes or larger pipes will be installed. The Village sent letters to these people that various items may be on the easements would have to be removed. The easements in most places are 5' on a lot and 10' on two lots. The notice had the time when the work would start and a general time schedule which gave them time to remove any material that the owner wanted to save. Any material left standing in the easement it would be necessary to remove them at the Village's cost and it would be hauled away. Mapes told Mr. Wise that it was his understanding of the letter that in the filed plat of the Tequesta Subdivision that "there shall be no buildings or any kind of construction, or trees or shrubs placed on drainage easements" and if the people have put things there then they should have to pay for removing them. Wise said that he understood Council as agreeing to the paying for the removal of materials remaining on the easements after the property owners had removed what they wanted to save. The remaining Council members agreed. Wise recommended to Council for purpose of expediting this • program that they approve this procedure, since it does not provide for replacing of the material. Yoder moved, "that we authorize the expediture of an average of $500. per easement in the area that the work is now being done, until the next time the Council reconvenes". Mapes seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Council also gave the approval for Gee & Jenson to communicate with Mayor Brown on this matter while the Village Manager is on vacation. Clark Krueger, Gee & Jenson, told Council that the contractor is having trouble getting trucks for hauling of material. They agreed that the contractor could use a pan with an 11 yard capacity so there is not much weight load different. The contractor agreed that the streets would be cleaned and swept But Brown told Wise that the street was not swept and there was a considerable amount of dirt on the street. 3. Bridge - Wise told Council that the cost of the bridge between • Pond ~~17 and Pond ~~18 is estimated around $7,500. This includes purchase and delivery of the units only. The delivery schedule is about 7 to 8 weeks. Krueger discussed the design of the bridge with Council. The foundation and installation of the bridge is extra, Mr. Wise told Council. The bridge will be for the golf carts and the maintenance mowers crossing Ponds ~~17 and ~~18. 07-24-79 -04 This is in lieu of the initially suggested culverts. Ryan moved, "to • authorize the Village of Tequesta to purchase the subject bridge for the 17th pond in the amount of $7,500. and the money be so appropriated". Cook seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. 4. Country Club Water line - Wise also informed Council that there was a waterline in the vicinity of ponds No. 18 and 19 belonging to the Country Club that has to be moved. This would involve 325' of 4" pipe, caps, fittings and accessories in the amount of approximately $1,330. He recommended that this work be done by the Tequesta Country Club Golf Course maintenance personnel under Mr. Bill Wagner's supervision. Yoder moved, "to authorize the Country Club to proceed with this work and that the Village reimburse them for the work". Ryan seconded and vote on the motion was: Brown Cook Mapes Ryan • Yoder and therefore the motion was passed -for -for -for -for -for and adopted. 5. Dickerson Contracts - Dickerson, Inc. is the contractor doing the paving and drainage work on Country Club Drive to east of the golf course. They are also the contractor for the Dover Road storm drain system improvements and the drainage ditch clean up. Gee & Jenson recommended that Dickerson, Inc. be given the specs and plans for the installation of the Riverside Drive culverts, since they will be in that area. Yoder moved, "to proceed with preparing a change order to the contract with Dickerson, Inc. for the Riverside Drive culverts, subject to the approval of the written change order by Council". Ryan seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Wise told Council that the cost will be approximately $20,000. and this is in line with the total cost for the program in that area. The work for cleaning out the ditch will start within 30 days and will be completed within 45 days. The Village Manager is ready to publish notice of construction and will soon give Notice to Proceed with the work on Dover Road and Country Club Drive. Yoder asked if anything was being done to prevent residents in Jupiter from throwing debris into the drainage ditch. The Village Attorney advised that he was in the process of obtaining two easements to the canal and that even if there is not an inter- local agreement made between Jupiter and the Village, Jupiter could pass an 07-24-79 -05 Ordinance prohibiting the dumping of debris into the ditch. Council agreed • that the Village Manager and the Jupiter Town Manager should continue working on this matter. 6. Mills Easement - ~niise told Council that they had received a letter from Mr. Mills with a quotation for replacing the fence, plants, etc. on an easement given to the Village for drainage improvements in the Dover Road area. The quote given to them by Mr. Mills was in the amount of $1,120. which Gee & Jenson felt was too high so they obtained two additional quotes. One in the amount of $1,250. and the other was in the amount of $700. + $100 for small plants. The $800. quote was over the telephone from Dillar Landscaping. Yoder moved, "to authorize Gee & Jenson to approve an expediture of not exceeding $1,100. (for removal and replacement of the fence, plants, etc.)". Cook seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. The Village Manager informed Council that the office is relaying the information that people are giving the Village Administration Office to Gee & Jenson for their follow up. • Mr. Wise told Council that there have been no follow up protest from anyone on the Village's permit to drain the run off into the Loxahatchee River. The next item on the agenda was Civil Preparedness Director Flannery's Report on Emergency Operations Procedures. Chief Flannery told Council that what he did in his report was plan for the worst. He announced he has just joined the U.S. Coast Guard. Mayor Brown suggested that a meeting be set to invite local residents, Associations and local Municipal Officials for the purpose of hearing the report. Dick Hutchison Beach Road, suggested that Flannery attend different Churches and inform the people at the various Churches, because he feels there would be a good turn out. John Giba, suggested that pamplets be printed and mailed out to the local residents. A meeting date was set for August 14, 1979, 7:30 P.M. in the Village Hall on Emergency Operations Procedures. Flannery said he would get the news out to as many people as he could and he would notify the papers and radio stations in this area. Dick Hutchison ,300 Beach Road, was present to discuss the bicycle path to Beach Road. Mr. Hutchison told Council that he understood that the County will allocate money for the bicycle path in the County. He thinks Tequesta should send a letter to Palm Beach County requesting a bicycle path on SR 707 to Beach Road. The Village Attorney said he would get with Mr. Morley, Palm Beach County to ask about the bicycle path because maybe Mr. Morley has some new ideas on the bicycle path. 07-24-79 -06 Mr. Hutchi~sonl also told Council that the Village Council should take more interest in what is being built on Jupiter Island. Mr. Hutchison spoke against the proposed new buildings dumping their sewage waste into the Intracoastal Mr. Hutchison was speaking about the Shell Oil Company Mr. Giba spoke of earlier in this meeting. Cook asked the Village Attorney if Shell Oil~Company received approval for their plans would the Village have to serve them with water? The Village Manager replied that we would have to serve them because they are within our franchise area. The Village Attorney told Council that the Village could adopt an Ordinance that would put a limited moratorium on supplying the Island with fire protection water. The next item on the agenda was the removal of Unity of Title from Wendimere - Dorner Tract - Cypress Drive North of Tequesta Drive. The Village Attorney told Council that the reason this item was on the agenda was that in 1973 Lowell Jarrett had proposed a planned development for this area but the Council, at that time, required Mr. Jarrett to give a "Unity of Title" on this piece of property and since it was Council who required it, the Village Attorney felt that Council should release it. Attorney Doug Girven told Council he was representing Georgetown Place, Cypress Drive. He told Council that the building plans have been reviewed by the Building Official. The Village Attorney advised Council that he saw no problem in releasing the "Unity of Title". Ryan moved, "that the Village remove the Unity of Title on this particular piece of property and that we authorize the Mayor to execute a "Release of Unity of Title". Cook seconded and vote on the motion was: . Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. The Village Attorney gave the 2nd reading of an Ordinance adopting the Comprehensive Plan, by title only. Mapes moved, "the second and final reading be approved". Ryan seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted and therefore Ordinance No.271 entitled, A ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A COMPREHENSIVE PLAN, INCLUDING A FUTURE LAND USE ELEMENT, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 was passed and adopted on second reading. The Village Attorney read by "title only" a RESOLUTION OF THE VILLAGE COUNCIL • OF THE VILLAGE OF TEQUESTA,FLORIDA, PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF DRAINAGE AND STREET IMPROVEMENTS IN SAID VILLAGE; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $910,000 IMPROVEMENT REVENUE BONDS, SERIES 1979, TO PAY THE COSTS THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THERE~g MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. Yoder ~07-24-79 -07 asked if these Bonds would be for sale to the public in this area. Mr. Joe Wise said that they would be. The Council made a slight change in the title and on page ~~6 changing the wording from Ordinance to Resolution. Mapes asked why street improvements were in the Resolution when these bonds were meant for drainage improvements. The Village Attorney told Mapes that there are some drainage improvements that could be interpreted as street improvement and Council should give itself some latitude that it needs. Ryan moved, "that we adopt this Resolution". Mapes seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore Resolution No. 10-78/79 was passed and adopted. The Village Attorney again read the title of the Resolution. The Village Manager sent a memorandum to Council dated July 24, 1979, recommending that Council authorize the First Marine National Bank and Trust Company as the depository for various funds that need to be established for the $910,000. Improvement Bonds, Series 1979. Mapes moved, "pursuant to the Village Manager's memorandum (see attached) we authorize the establishment of these four (4) funds in the First Marine National Bank and Trust Company with the Signature requirements being two (2) - Treasurer and/or Village Manager and one (1) Councilmember•~. Yoder seconded and vote on the motion was: • Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted.. The Village Attorney reviewed with Council an Ordinance providing for a Special Exception Use in R-2 and R-3 Multiple Family Dwelling Districts for Marina facilities, and then read the Ordinance by "title only". Council pointed out several points they wished changed. Council wanted this restricted to the Intracoastal area only, take out the accessory use section (page ~~1), they wanted owner defined, aiid various other changes. The Village Attorney was to make these changes and prepare a_corrected Ordinance. The Village Attorney read by "title only" an Ordinance of the Village of Tec~uesta, Palm Beach County, Florida, amending Ordinance No. 12 of the Village relating to Public Service Tax, to a Tax of 8% on the sale of electricity, metered and bottled gas, water service and local telephone service. Mapes asked the Village Manager if he felt that the additional 3% is going to be enough to pay the annual interest and principal on a $910,000 Bond Issue. The Village Manager said that Mr. Joe Wise, William R. Hough & Company, has ran these figures through and 8% is adequate. Mapes moved, for its adoption on first reading". Ryan seconded and vote on the motion was: Brown -for Cook -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. X07-24-79 -08 Under Councilmembers Reports Ryan asked the Village Attorney to see • what could be done about Mustapick Builders building several houses in the Country Club that look alike. Ryan said they are very nice homes but there are too many of the same type houses in the Country Club. Other Councilmembers agreed. The Village Attorney advised that there is little he knows that can be done to prevent this from happening. Mayor Brown feels that the way things are moving on Jupiter Island that the Village had better move fast in terms of setting up and establishing rates before things get down the line so far that the Village will find it hasn't been able to establish rates to take into account the new buildings. He also said that he has a problem re-negotiating with Jupiter at this time. Yoder told Council that he hopes they don't start with the re-negotiation too soon without knowing the background. Brown said that time. and time again Gee & Jenson has said there is water north of County Line Road and now they are saying it may be cheaper to buy water from Jupiter. Yoder said that the Village should direct John McKune to assume the Village is going to have to build a treatment plant to treat our 2 or 3 million gallons of water that we can have and for him to limit his study to any consideration except the purchase of additional water or any negotiation for purchase of water. Council was in agreement with Brown's and Yoder's recommendation. The meeting was adjourned at 11:10 P.M. ±~' Cy~e Colbert -~~li •/% W. Harvey Mapes ~ ,(/ r - s James H.°}Ry'an eph D.~,6der, ~. c: 8 Date Ap oved