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HomeMy WebLinkAboutMinutes_Regular_08/27/1974MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AUGUST 27, 1974 The second Regular Council Meeting for August was held at 7s30 P.M., Tuesday, August 27, 1974 in the Village Hall. Councilmembers present weres Little, Jones, Leone, Campbell and Taylor. 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 Vice-Mayor Jones. Taylor moved, passed the minutes of the be approved. Leon, asked was correct and the other Taylor m©ved,. passed that the minutes o: approved. seconded by Jones and unanimously August 13, 1974 Council meeting if the last paragraph on page 120 Counciimembers agreed they were. seconded by Campbell and unanimously e the°August 13, 1974 Hearing be The Village Manager recapped the receipts and expenditures for the tin (10) month period ending July 3l, 1974., Leone moved, seconded by Campbell and unanimously • passed that the financial statements for July 1974 be approved. Balances on hand July 31, 1974 were: First National Bank and Trust Co. $ 37,968.18 Petty. Cash _ 25,00 Community Federal Savings and Loan 12,400.0© Fidelity Federal Savings and Loan 18,368.00 Certificates of Deposit 235,000.00 U.S. Treasury Bills 34.3 $ 337.20 a73 The Sinking Fund balance was $35.723..69. Mayor Little advised an additional Agenda item 3A, Mr. Herb Kahlert, Palm Beach County Engineer and Mr. A. D. Noble, Arthur V. Struck & Associates, Ine., desire to Speak to the Council concerning a recent report done by Arthur V. Struck & Associates, Inc. for the County pertaining to a Countywide Coastal Preservation and Restoration Program. Mr. Kahlert reviewed a flow chart on the various phases of the program and estimated a two year tune-interval from design to start of construction. Five to ten programs are expected to cost $17,000,000. over a long range period. Mr. Kahlert requested the Council to consider a resolution which would support Paim Beach. County in securing reactivation and continuation of funding for the Palm Beach County Beach Erosion Control Project and Related Studies. Mr. Kahlert said they were hopeful for- 123 8-27-74 - 2 DNR funding for the fiscal year 1975,/76• Campbell asked if this was intended to be a successful restoration project or a stop-gap measure. Mr. Kahlert said they believed it would be a successful program. Leone asked where the sand wouY"d come from and Mr. Noble said most of it would come from off-shore with the possibility of some from the Intracoastal Waterway. The Council said they had just received a proposed resolution today and did not have adequate time to review and discuss it. The Village Attorney asked if .anything would be required of the Village at this time. Mr. Kahlert said no, the resolution was in support of the County's effort to keep the project going forward.- The Council agreed to put the resolution on the Agenda for the September 10, 1974 Council Meeting. The Village Manager read his report for the- period August 11, 1974 through August 24, 3974. Mr. Knox, 400 Beach Road, said he was represent- ing his wife and was concerned the Village was not approved for Flood Insurance. The Village Attorney explained-the problems and progress of the project and advised that the required ordinance should be passed at next Council Meeting after the Public Hearing on same on Tuesday, September l0, 1974, on an emergency basis. Mayor Little reiterated that • a considerable amount of effort had been put into the program by Village staff personnel and that the Flood Insurance Department of HUD had earlier advised that the Village should be in the program within six (6) working days after they receive the ordinance. The Village Manager gave second reading, by title only, to a Resolution levying a 1974 millage rate in excess of the Palm Beach County Tax Assessor's certified millage. The approved millage rate was $3.660. Leone moved, seconded by Taylor that the second reading of the Resolution be approved. The vote on the motion was: Taylor - For Campbell - For Jones - F©r Little - For Leone - Far and Resolution No. 6-73/74 was thereby adopted on second reading. The next item for consideration was the committee structure of the Village. Campbell-explained that she had brought to Council's attention at their last meeting a concern she had with tree make up of the ,-Water Committee and the manner in which the Chairman conducted it and lack of notice 124 8-27-74 - 3 to Councilmembers, the press and interested citizens and the possible violation of the Sunshine Law. Leone said this had been looked into by the previous Village Attorney. The Village Attorney advised he was sending a letter to the Council with his opinion concerning the Sunshine Law as pertains to the activities of various committees. He said the committees~~must meet in the Village Hall, with unlocked doors; not necessary to legally advertise or notify the .press; minutes must be taken and available for inspection. He suggested as a matter of protocol that Councilmembers should be notified and notice of meeting posted on Village bulletin boards. Campbell said Council has not been notified of any committee meetings. Leone reviewed the way Water Committee meetings were called= who has been notified; subject matters discussed; disruption of the August 7, 197 committee meeting; sh©rt notice of some of meetings because of scheduling of consultants and others, and that no official action is taken by the Committee but present their information to the Pillage Council. He stated if the other Councilmembers believed him to be wrong they should remove him as Chairman of the Water Committee. Taylor said he has faith in the Committee. • Campbell said the Councilmembers should be notified of the meetings so they can attend if they so desire, to obtain more information about water and the current water problems. Jones said she would like to know when meetings are being held so she could attend if she wanted ito. Taylor said Councilmembers and others should attend the meetings as observers only and not expect to be a,-part of the committees or their discussions. Leone asked why the Water Committee was being picked on and not other committees and Campbell said water was the most important problem at this time. It was agreed the Village office would give notice to the Councilmembers of all committee and board meetings. The Village Attorney reviewed the other various Village boards and committees on the list he and the Councilmembers had received from the Village Manager. It was his opinion that the Financial Disclosure Law was applicable to the Village Zoning Board of Adjustment and the Community Appearance Board. He said the Water Committee, Retirement System Review and 'Fringe Benefit Committee and Recreation Advisory Committee did not fall under the Financial Disclr~sure Law. He had some question concerning the various Code Review Committees and asked, and was granted permission to ask their status from the State Ethics Commission, but feeling they did not fall under the require- ments of the Act. Campbell asked various questions concern- ing the matter of spouse and children in relation to the Financial Disclosure Act. 125 8-27-74 - 4 • The Village Manager"discussed Yard~and Household Trash Regulations which he had revised since the last meet- ing and had been approved by the Franchise Holder. He advised that plastic sacks could be ©bts~ined and sold to residents desiring same at a present price of $6.00 per box of 100 sacks and as with all other things, the price would probably have to be increased. The sales price would include delivery etc, Leone objected to the putting out of anything other than yard trash and said household items should be removed by the resident under agreement with the franchise holder. Leone'~moved, seconded by Taylor that the Village not provide for the collection of household trash and that the regulations be rewritten to reflect this deletion. Campbell asked how the Village got into+pic-king up furniture, etc. Leone said he has always been against this even though it is in the Franchise Agreement. Leone explained that part of it was caused by the Franchise Holder voluntarily picking up such things as an accommodation to the residents. The Village Manager explained that a lot of residents used to take household items to a local dump site but upon its closing had no place to dispose of same. The vote. on the motion wass Leone - For Taylor - For . Little _ For Jones For Campbell - For and the motion therefore passed. Leone said he would allow Mr. Larry Land, U.S.G.S., t© use his report time and discuss his quarterly report through August 197 on the status of the Village Water Resources. He showed slides of water contour tables and explained them. The U.S.G.S. findings indicate and they have recommended to the Water Department Consulting Engih.eers that the pumping from Well Field No. 4 be limited to three (3j wells at any one time. Leone asked that; the.pres~ get a-copy of Mr. Land's report following the meeting so they could disseminate the information for the benefit of the public. He said we are not out of the woods yet, even with the recent rainfall. Once all of the wells have been properly metered, better water management of the water resources can be obtained. Tequesta Park wells will have to be used to back up Well Field No. 4 and a net gallonage gain from this source is not known at this time. Jones a~ Park are being-well • an orderly manner. Committee will meet Middle School. 3vised the tennis courts in Tequesta used and waiting is done voluntarily in She advised that the COG Leisure Time tomorrow night in Room 207 of the Jupiter 126 8-27-74 - 5 Little asked about the Beach Road bicycle path and was advised the specifications should. be rewritten and advertised next week. Campbell asked about the short section of bicycle path on Tequesta Drive and was advised the contractor had the sketch but he might be going out of the asphalt business and ether contractors are being notified. She asked that we check out public bus service by the County for this area of the County; mentioned progress with removal of unlawful signs on U. S. No. 1; status,._af Kandell Bridge and was advised that contact could not be~~.made with principals in this. regard; swimming pool for area and was advised County Commission Chairman .Robert Culpepper was awaiting additional input from the School Board before he would schedule a meeting; poor work of the contractor for the Loxahatchee River Environmental Control District in promptly and properly making repairs to areas where const- ruction has been made. Taylor said he has talked with the- District and they are aware of these matters and trying to do as good a -job as they can and are aware of its importance to the District and all parties concerned. -The Pillage Manager advised that the Board of Gounty Commissioners would not act upon the Jupiter Inlet Corporation (Broadview) application until-their September • meeting. The FCD had- asked for the meeting to be deferred since they could not have their report ready due to the Village's submission of their application for existing, and Tequesta Park we11s which they want to consider in making their report to the County: Commission. The next hearing is the last Thursday in September. The Council's attention was called to the recent Gee & Jenson Supplemental Report; the letter.-from Congressman Bafalis advising of delay of six (6) months in excessing Jupiter Light Station Property; FCD report on "Summary of. the Condition ©f South Florida Water Storage Areas in the 1973-74 Dry Season"~~ Florida Department of Transportation letter advising U,S. Ne. l improvement project was expected to go to contract by January 1~ 1975; Pa1m.Beach County Ambulance Ordinance; Palm Beach Cable Television Company application to, FCC to carry Channel 6, WCIX as part of their cable systems FIA~ Guidelines for Flood Insurance Purchaser and letter from Mangonia Park to Governor Askew opposing elimination of ~uneipal utility tax. Leone moveci~ seconded by Jones and unanimously passed that the Pillage-advise the Governor they oppose the elimination of the tax if it is not replaced by State Revenues. Taylor discussed the multitude of items that the Villag sends to the Councilmembers and moved that the • 'Village Manager review various. items and send synopsis to Councilmembers and items directly affecting the Village 127 8-27-74 - 6 should or could be submitted in full t~:xt. Campbell said she is interested in many of the items and suggested a single copy be circulated among the Councilmembers. The vote on the motion wars Taylor - For Campbell - Fvr Little - For Jones - For Leone - For and the motion therefore passed. A Workshop Meeting to review the comprehensive planning project for the Village was discussed. The Village must notify the Area Planning Board by October 1, 1974 who. their planning agency will be and the plan must be completed by October 1, 1975. It was the general feeling of the Councilmembers that they could do the plan themselves. A Planning Workshop Meeting was scheduled for 7s00 P.M., Tuesday, September 17, 1974 in the Village Hall. The Village Manager advised the matter of amending the Tequesta Park lease to include use for water supply wells would be on the September 18, 1974 State !, Cabinet Agenda instead of the September 3 Agenda. The Village Manager advised that there has been a mixup in the Act the Legislative Delegation had submitted to the State Legislature and the various small parcels of land surrounded by the Village were not included. Three petitions from property owners had been received during:-;; the course of contacting the property owners involved and it was the Village Manager's recommendation that the--lands described in the three petitions be annexed to the Village and that an ordinance had been prepared providing for each annexation. The Village Manager-gave first reading to an 4~dinance providing for lands owned by James H. Brogdon,' Julia B. Mayer and Anna P. Shay to be annexed. Leone mooed, seconded by Taylor that the first reading of the ordinande be approved. Jones asked what zoning it would be annexed as ahd was advised it was single family dwella.ng. The vote on the motion was: Taylor - For Campbell - For Jones - Fvr Little - For Leone - For and the first reading was hereby appproved. Second reading will be advertised for September 24, 1974. 128 The Village Manager advised that Attorney William S. Wood had contacted him in regard to meeting with the Village Council, to discuss with him, representing the Bermuda Terrace Association, removal of the 25~ water surcharge rate and to further discuss the dismissal of Mr. Kenneth White as a deskman in the Police Department, These matters were referred to the Village Manager who will refer same to the Village Attorney. The Village Attorney said he-had earlier in the meeting reviewed the Financial Disclosure Act, Sunshine Law and Flood Insurance. He further reviewed the matter of the deed and lease between the Village and Tequesta Country Club Association for lots A, B and C, Tequesta Subdivision, stating he believed the documents to be legal and suggested the following possible options to resolve this matters (1) leave documents as they are and let all Village residents use easements {2) have original declarer waive the deed restriction (3) do not renew lease when it expires in three (3) years. Campbell said if the easements should be for all Village residents, the Village should assume the maintenance of them. Taylor said the easements are only fif ty (~©) feet wide and very limited parking is available and are mostly used only by those persons w"sthin walking distance and that they probably could not be made •, into playground areas since the Village would probably not be able to provide supervision. Taylor moved, seconded by Leone that the matter be tabled until the lease expires~n three years. Jones questioned the legality as to wh® ea.n now-use the easements and they are not for all Village,. residents. Campbell does not agree with Taylor on the lack of parking reducing the use and still .questions the.. Village's lease back to the Tequesta Country Club Community Association. Leone said the revision of the deed restFic- tions-was a complicated problem. Mr, K. W. Martin, Presi- dent of the Tequesta Country Club Association agreed that the size of the lots and restricted parking was not conduct- ive to a lot of use of the easements and -that many people other than Village residents use the easements. The easements serve about one-third (113) of the Community. The vote on the motion to table was: Taylor - For Campbell - Against Jones - Against Little - For Leone - For and the motion therefore passed. 129 a-~7-2~ - s The Village Manager read a letter the Mayor had received from Mrs. J. D. Hinchliff expressing her and her husband's appreciation for the County's recent action limiting building. heights to eight (8) stories. The Village Manager introduced new employee Cyrese Colbert. Leone thanked the Village for its support. of the Palm Reach-Mart~.n County Medical Clinic application for Certificate- of Need. Upon motion by Campbell, seconded by Taylor and unanimously posed, the meeting was adjourned at 10:00 P.M. Respectfully submitted, ~~-~}`~~ abert Harp 130