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HomeMy WebLinkAboutMinutes_Regular_09/09/1975i MINUTES vF THE MEETING OF THE COIINCIL OF THE VILLAGE OF TEQUESTA, FLORIDA September 9, 1975 The first Council meeting for the month of September was held on Tuesday, September 9, 1975 at 7:S~r P.l-~. (it was started late due to the Public Hearing, which adjourned at 7:53P.Ni.) in the Village Ha11. Present were Little, Jones,, Campbell and Baron, Yoder was On VaCatiOn. Also present were Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. The meeting was opened with Prayer and Pledge of Allegiance to th~a Flag by Councilman Baron. The Village Manager read the title of a Resolution of the Village Council of the Village of Te oasts providing for acceptance by the Village of ~equesta of Ordinance Ho. 64 of Martin County, Florida, which • grants to the Village of Tequesta a water service franchise with Martin County; authorising the Mayor to enter into any agreements necessary in conformance to the terms of said franchise . Campbell moved, 'that we adopt this Resolution". Little seconded the motion. Baron asked, if the Village Council passed the Resolution does it mean that Martin County's Ordinance Ho. 64 would be passed automatically. The Village Attorney replied that. it would. Baron had several points of order. Little set a procedure to take each point separately to determine if they-were out of order or whatever, the problem might be . Baron rose to a point of order number one: This Resolution, section 2,-part of which I quote °'on the behalf of the Village Council to enter into. any agreement necessary tv enter-into said franchise -agreement, the:: terms which shall be in accordance with the provisions of Ordinance 61~ ,of Martin County, Florida. -92- 9-' 7- / 5 '-2 As per dictionary by Funk & Wagnall, from which I qu©te • the word "any"; indefinitely, indifferently, no matter what, as at any price,. 'his section take away the right or rights of any particular Councilber, as no resolution can legally bind any Couneilme~ber into allowing the Mayor to enter. into any agreement n~cessa~y. Aa per the 'Pillage Charter (Section 2.06) Mawr Successors to save time I quote,, what I believe tv be ~~levant; "The Mayor, shall when directed tv ii© by the village. Council can execute all instruments provided hereby yr by Ordinance",. therefore I submit Mr. Mayor this is quite clear ..the Mapvr can only be directed by the vi~.l:age Council tv execute all instruments to which the ~'i7.lage is a pt~rty. It map be debated that the village may be a pay to this Ordinance,however, right. at this moment it is-not. Therefore I submit, Mr. Mapvr this Resolution unnumbered is out of order and contrary to the village Charter, tv direct the Mayor to enter into any agreement necessary to enter into said Franchise and this is contrary to the village charter (Section 2.06) to execute any instrument to which the village at this moment is not a partq thereto. T'he Mayor replied that we do not nue~ber .Resolutions until they are- ap'~ed b~ 'down. Council. .Baran remarked that that was not a~grew_concern to him. Mayor Kittle asked the village Att©rnep what the function of the I~por was. Baron said, "that Mr. Randolph, fir. ~Iarp • and one other gentleman on Saturdaq, July 1, 1975, I believe, negotiated this Ordinance without a quorum..." Mayor Little regained the floor and told Baron to be careful of how you phase what yvuTre phasing. Baran continued, r~that according to the newspaper it :Mates that among other things, that Mr: Randolph, Mr. ~Iarp and another gentleman negotiated this at a Council meeting with and at some place legally, I suppose, a meeting, was held of Martin County Councilmembers. I submit sir this questi©n of the water was submitted by this Council to .the Water Coi~amittee. Mr. Karp can attend Water Committee meetings, according to our constitution, he cannot insert the power of the ~csur~cil. This Council ordered the Water Cvmm3.ttee, selected the Water Go€~mittee, put the mattes in the hands of the Water Committee, the same thing applies to the Attorney. This Council selected and hired the At°tornep, this Council. It is the one that directs our Attorney as to what he does. I submit that we did discuss that, and IYm reasonable enough to know that if the village Manager desires Attorney's advice that the does not have to call a Council, but this is what happens, we had a -93 - 9-9-75 -3 Water Committee, that Water Committee at the July meeting when it finally ended by a statement that it was stated that Mr. Randolph and someone else from Martin County will draw tiip the Ordinance. Not a majority of the Water Committee was present or gave it's authority or wY-atso- ever, So therefore I submit Mr. Randolph is a prejudiced one to give advice . Are you asking him for advice It t s very unfair to me, sure he's going to, if he wrote this thing, hers going to think it's okay. (these ca~arents were entered by this writer, per order of Baron) The Village Attorney reviewed the power of the Mayor as stated in the Charter of the Village of Tequesta (Section 2.06). Baron continued with, his point of. order. This Resolution if passed approving the Martin County Ordinance No. 6~. is contrary and contradictory to the Tequesta Village Charter voted upon and passed by the Pillage electors January 11, 1972. The Village Charter page 27 (23) in speaking of Public buildings and public works states, "can control-and dispose of the same as interest of the Village may require." I submit Martin County Ordinance No. 61~, page $ (Section 31-53) takes sway this right of the Tequesta Village, to own control and dispose of .any building and public works. I quote Martin County Ordinance No. b~. (Section 31-54) page $. This franchise may be assigned by 'the Grantee (Village of Tequesta) to another governmental agency. Any other assignment shall rec~wire written, approval of the Grantee (Martin County). It may be debated .that this clause only applies to this franchise (Martin County) whether it does or does not is immaterial as presently we have buildings, water mains and other buildings relative to~presently supplying water to certain parts of Martin County. This clause takes away our rights to dispose as we see fit. our prr~perty-`and would .require ~'ittep approval of Martin County. Therefore I again pa~i.nt.out that, thus cisuse is contrary to our Charter. Point of order: Further this Resolution if passed is contrary. and contradictory to the Tequesta Villagge !ordinance 13$ and 13~+. A~artin County Ordinance 6!~ (Section 31-54 ) take sw~~away° "the -_ statutory:<~autborityot® the Village as per.Tequesta Village 6rdinance 13$ page 2 Art. 1, paragraph (B) states among other thing s~tbat the acquisition of the water-system is necessary anei advisable for the health, safety and economic welfare of the V3.11age~. I submit that. the .Village economic health, or safety might require the sale or lease o~ its water works. The Martin County Ordinance No. 64 could prevent this action. Point of Order:.- This Resolution, if passed is contrary to the contract, held by the Village and certain certificate holders as per Village Ordinance No. 13 $, page ~ Section 103. Said contract cannot be materially modified without consent in writing of the holders of two-thrc~ or more in the principle amount of "- -/~w 9-9-75 -4 - the certificate then outstanding as per Pillage Ordinance 13 $ Art. 5 Sects®n 5.01 page 3 $. This consent has n been ranted i d b he Vill f g or rece ve q t age o Tequesta. Further, this resolution if passed, .approving Martin County ©rdinance'~~:~` 64 im ~ontrarq and contradictory to Tequesta Village Ordinance 13 $ and x.34. (a ) ©rdinance 13 $, page 2D, se cf~ion 3 . D3 , paragraph A : rates whibh among other things states, "rates and .fees of said water system shall be as established ire the rate Ordinance adopted bq the Village Council ors the 29th. day of September, 1967. Point of order: The Village ordinance 134, exhibit (a) Section (1) starting on line 7 states "the Village covenants that the amount ~Ln such schedule will not be reduced, (~) Seetion 3 states,"users".shall pap therefore at the established rate charges (b) S®etion 4 states, 'water furnished by the vaster works system outside the Corporate limits of the Village will at all times be not less than 125 of the rate and charge for the water furnished. Section 4 of exhibit (a) Ordinan.ee 134 states in regard to rates, "rates will not be reduced except as her~3:nafter provided in this 4rdinanee". There are some who might attempt to use Section 7,. page 4 of .this exhibit a, t© claim that this s.eetion all©ws a reduction. I submit nowhere in this section does it state rates can be lowered ©r reduced. All. said section seven states is,:nand to revise the same from time to time whenever necessary as will provide revenue in each • year to pay all cost of operations. Section 4, exhibit (a} Ordine~ree 134, paragraph 3 states that the rates for outside the limits of'the Village, w~.ll at all tunes b® not less than 125., of the, rate charged for water- - f urnished. Finally tY~is Resolution does not prDpa~~ any, change or changes in our Pillage ordinance or Charter that are in contradiction tv the Martin County ordinance A3ucnber 64. Therefore fair and reasonable rules,=s~stated herein, deQ~and that this 'res©lution bid declared out of order. The Village Attorneq-e~cp~laned to Council that the wording in Martin County's Ordinance lumber 61~. should not prohibit the Village Qf Tequesta fr©m selling its' water plant if it so desires.. Little again asked the Pillage Attorney, if we ad©pted this Resolution does it mean we automaticallyadopt Martin County's t)rdinacnce No . 64. The Attorney ;s-epl~.ed „yes". Robert Kiernan, Mr. Robert Kiernan, Martin County Commissioner, was Martin County present representing Martin County and their Ord~:~nans~e Commissioner Number 64. After a lenthy discussion Council voted on Campbell's motion. Vote on ,the motion eras: Little - against Jones - .ag~~.nst Campbe~.l=against Baron - = against _95-- 9-9-75 -5 and was therefore defeated. A workshop to look over Martin County's ordinance and hash out eertaixi problems-was set up by Council for Friday, September 12, 1975, at 1:00 P.M. Campbell moved, 'rwe adopt this Ordinance (amendment to Ordinance Ho. 211". The Village Manager read, by title only, an Ordinance of the Village of Tequeeta, Florida amending Ordinance Pao. 211, the Official honing ordinance of the. Village of Tequesta, by amending Article %III, Section 13.3, to include public utility structures-amd b~zildings such as sewage disposal works, water pumping plants, water treatment plants, sewage plant. lift stations, electric substations , police and fire stations, and any other use normally appurtenant bhereto as special exception uses: and, by amending artic~.e HIV, Section 1t~.3, by adding paragraph 3 thereto, to include public utility structures and buildings such as sewage disposal worls.~, water treatment plants, sewage plant lift stations, electric substations,, police and fire stat~,Qns and any other~ti5e n©rmally appurtenant thereta, as special exception uses; providing fnr repealing o~ Ordin~ine~s in conflict ]~erewith and providing for an effective date. Vote on the motion was: Little - For Jones - Far Campbell -` `For Baron - For and therefore Ordinance Ito. 229 was adopted on second reading. Campbell moved, "that we adopt the Budget of the Village of TequeBta 1975/76 as submitted by P+Ir. Harp". The motion was adopted. _ Campbell moved, "that we .adopt the x.7614 mills'T. the motion was adopted. Campbell moved, j~we adppted the 8esolution (laving the 1975 millage rate in excess of the Palm Beach Tax Ass~ssorts Office). Vote on the motion was: Little ~ For Jones --For Campbell -For Baron - For aad therefore Resolnt.~-n~~..Bo. ` 14/74-75 was adopted. • -96- Mrs. Cannon Beacon St. 9-9-75 -6 Council asked the Village Manager to send a letter to the Lighthouse Gallery Inc. stating the Council could not start a precedent by donating money to their 1975 Art Festival. Mrs. Cannon, Beacon Street, asked the Council to remove the 'one-way`r sign from Beacon Street and make it two ways again. Council reassured Mrs. Cannon that the Village was looking into the matter. The meeting was adjourned at 10:20 P.M. Cy ese Colbert -97- r VILLAGE OF TEQUESTA BUDGET 1975/76 OFFICE EXPENSE • Salaries OASI Expense Supplies Postage Telephone Utilities Miscellaneous New Equipment $-6-75 RH $15,957.00 933.00 2,500.00 500.00 1,500.00 3,900.00 2,100.00 1,900.00 APPROVED BY ACTION OF THE VILLAGE COUNCIL SEPTEMBER 9, 1975 VILLAGE OF TEQOESTA BUDGET 1975/76 ADMINISTRATIVE EgPENSE Salaries: Village Manager $ 22,201.00 Village Clerk 10,090.00 OASI Expense 1,415.00 Car Allowance 1,190.00 Councilmember Fees 3,100.00 Dues and. Subscriptions 450.00 Insurance Expense 11,000.00 Legal expense 15,000.00 Contributions 8,800.00 Auditing Expense 2,000.00 Employee Hospitalization Insurance Expense ?,800.00 Employee Pension Premiums 38,150.00 Contingencies ~- Miscellaneou E 2,000.00 s xpense 4,004.00 Civil Defense 300.00 Unemployment Compensation 1,200.00 Codification of Ordinances 1,100.00 Disaster Relief Contingency Fund 5,000.00 $134,800.00 8-6-75 RH APPROVED BY ACTION OF THR`VILLAGE COUNCIL SEPTF~iBER 9, 1975- r VILLAGE OF TEQUESTA BUDGET 1975 /76 BUILDING DEPARTMENT Salary OASI Expense Telephone Travel. and Car Miscellaneous Expense New Equipment $15,778.00 909.00 45.0.00 620.00 883.00 600.00. $19,240.00 8-6-75 RH APPROVED BY ACTION OF THE VILLAGE COUNCIL. SEPTEMBER 9, 1975 • VILLAGE OF TEQUESTA BUDGET 1975/76 .PUBLIC SAFETY EXPENSE C7 Salaries: Police Chief Police Lieitterxant Patrol Sergeants (3) Detective Patrolmen (7) Dispatchers, (4) Pay for Extra Work OASI Expense Car Expense Gasoline and Oil Car Insurance Equipment and Uniforms Telephone Teletype Utilities - Traffic Signals Judge's Fee Prosecuting Attorney Miscellaneous Expense Traffic Signs New Equipment Personnel Training 8-6-?5 RH $16,078.00 12,6b3.00 35,662.00 11,514,00 75,554.00 29,652.00 1,000.00 10,480.00 3,200.00 7,000.00 2,000.00 2,000.00 1,100.00 50.00 1,600.00 1,800.00 1,000.00 1,602.00 800.00- 7,500.00 ~~~_nn APPROVED BY ACTION OF THE VILLAGE COUNCIL SEPTEMBER 9, 1975