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HomeMy WebLinkAboutMinutes_Regular_10/23/1973 MINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The second Regular Monthly Meeting of the Councilmen of the Village of Tequesta, Florida was held at 7:30 P.M., October 23, 1973 at the Pillage Hall. Councilmen present were Messrs: Leone, Shay and Vice- Mayor Little who chaired the. meeting. Mayor Russell had notified the Pillage Clerk that he would be out of town. Councilman Frank was not in attendance due to illness. Also present were Robert Harp, Pillage Manager, Christopher H. Cook, Village Attorney, Police Chief Henry Dusenbery, Gary Preston, Recreation Director and Charles R. Jonas, Village Clerk. The meeting was opened with Prayer and the Pledge of Allegiance_to the Flag by Councilman Leone. Upon motion by Leone, seconded by Shay and unanimously passed, the minutes of the October 9, 1973 regular meeting were approved. Upon motion by Leone, seconded by-Shay and unanimously passed, the financial statement for September 30, 1973 was approved. The Water Department statement was not complete at meeting time. The Yiliage Clerk read the statement for the twelve (12) month period ending September 30, 1973, which showed the following balances: Revenue $ 694,999.1? Expense 400,274.87 .Cash Suarnary: First National Bank ~ Trust Co. $ 21,251.83 Petty Cash 25.00 Community Federal Savings ~ Loan 20,000.00 Fidelity Federal Savings f~ Loan 17,660.76 Certificates of Deposit 230,000.00 Federal Revenue Sharing Savings Acct. 20,435.46 $ 309,373.05 The Sinking Fund balance for payment of principal and interest'on bonds for the Pillage Hall and land purchase was $26,087.06. The Village Manager then reported that on October 10; 1473 a letter was sent to Mr, Frederick W. Baldt, Chairman of Commissioners, Jupiter Fire Control District, advising them of the Village"s decision of not allowing the land east of the Village Hall for a fire station. Also on October 10, 1973, the return of the executed agreement for the water study to U.S.G.S. The contract is for one year starting October 1, 1973 at a cost of $17,000. to the Village of Tequesta Water Department. A letter from Mr. Thomas 10 10-23-73 -. 2 C~ Buchanan, Subdistrict Chief of U.S.G.S, advised payment could be made quarterly at $4,250. On October 11, 1973 Mr, Harp seat a letter to County Commissioner Robert F. Culpepper asking for assistance in cleaning out the drainage ditch running westward to the River between Tequesta and Jupiter. He verbally advised that the ditch will be cleaned. On October 12. 1973 Mr. Harp also sent a letter to Mr. H, Felshaw, Governor's Traffic Safety Commissioner, inquiring as to the status of the joint traffic operations study for the Tequesta-Jupiter area for which Kimley-Horn Associates had submitted a proposal in January 1973. Also a letter to Congressman L.A. "Skip" Bafalis asking for assistance in starting the project. In a telephone conversation with Mr. Felshaw he advised the proposal was lying dormant in Atlanta due to Federal requirements of the study that can only be made for individual cities and the city must have a minimun population of 5,000. The books are closed for the Village as of September 30, 1973 and the auditors have been notified. The work is proceeding on park improvements, office and general pa rk clean-up. Signs have been erected along the bicycle path indicating it is for use of pedestrians and bicycles only. . On October 17, 1973 Mr. Harp attended a public hearing at the Flood Control District Office in West Palm Beach, discussing the District's proposed rules and regulations to implement the State Water Resources Act of 1972, Chapter ?2-299, Laws of Florida. The regulations will give the Flood Control District authority to control not only surfact water but all ground water as well within the eighteen (18) county district. The Flood Control District will control for permits for:all usage of water except doaaestic use, permits-will be issued or denied on the basis of "Reasonable- Beneficial Use". The permits system will cover all wells larger than two (2) inches, also canals, reservoirs, lakes, ponds, rivers and all forms of improvements such as dams and dikes. The rules and regulations may be adopted sometime i:n December. On October 19, 1973. at 9:00 A.M., the Village. Manager, Village Attorney and Police Chief met with the police officers to discuss the parking requirements in the zoning ordinance as to relation of vehicles other than passenger vehicles in residential areas. Councilman Leone stated the proposal of Mr. Karl Kandell for buying water meters and mains from the Village.of Tequesta and hopes to connect by November 30, 1973 or sometime in early December, 1973. The total revenue to the Village for the water meters would be $4,998.90 and all mains tie can use in the amount pf $2,300. All mains that can't be used will. be stripped of all fittings, also any items that can be re-used by the Village. 11 10-23-?3 - 3 Motion by Leone, seconded by Shay and unanimously passed that the Village of Tequesta accept Mr. Karl Kandell~s proposal to buy the water system for Martin County Little Club at the stated amount of $4,998.90 for water meters and $2,300. for ali usable mains. Councilman. Shay then stated he wrote Memo #6, Subject- Loxahatchee River Basin Primary Drainage System, Memo ~`?, Subject- Logahatchee River Enviro~ental Control District Phase lA - Sewage System Construction Program. (Memo # 6 and #? attached to minutes). Councilman Shay recommended that a copy of Memo ~6 be sent to Mr. Bill Lund. Motion by Leone, seconded by Shay and unanimously passed that no permit be issued for sewage system construction program until a certificate is issued by the Board of Health in West Palm Beach and plans sent to-our water consultation engineer. Vice-Mayor Little stated that Tequesta Park was going to be completed soon. He was very pleased with the improvements and anyone interested should feel free to visit it. Councilman Levine inquired if a master plan had been- designed for Tequesta Park and Vico~'tayor Little stated there were such plans. Police Chief Hea~ry Dusenbery stated that the Division of Communications had recommended that the Village of Tequesta participate in the Regional Criminal Justice Communications Project as required by Florida Chapter ?2-296, House Bill ,3937. He stated the Village would be in contact with eight (8) other municipalities, Juno, Juno:Beach, Jupiter, Jupiter Inlet Colony, Lake Park, Mangonia Park, North Pa]m Beach and Palm Beach Gardens. The Village would not lose but may gain in better emergency protection. The Sheriffs dispatcher would convey the information and a different local number may be used for personal service to Tequesta Police for emergencies. In case of emergency a mutual aid pact would be in effect, but our police officers cannot be called away from Tequesta without the Police Department head's agreement. Councilman Leone asked Mr. Cook and Mr. Harp for a complete summary and impact to-see if Tequesta would gain or lose by the state recommended plan and the cost to the Village. Mr. Harp stated it was in the State Law ~ 72-296. Mr. Cook stated that there is a trial due for the amount to be paid for Mr. Kramer~s land along Beacon Street, even though we now have the right-of-way. If we go to trial it will cost quite a sum of money. At the present time he has a deposit of $370.00 with the court for the land. He also stated that under 12 10-23-73 - 4 the new State Law (Home Rule) it is necessary to publish fourteen (14) days,by title, all ordinances before adoption, and the State 15 very ambiguous in this matter, but the fourteen (14) days . should be set before second reading. The first readings are not official and the ordinance must be in the office to be read by anyone before second reading. Mr. Cook also stated that an ordinance can be changed after first reading if change is more limited and it still can be passed on second reading without publicising the ordinance. There will be a month between first and second reading of the ordinance and a courtesy vote' would have to be taken before the ordinance can be officially brought before Council for second reading. Councilman Shay stated that he believed the Council members should be issued a copy of the new law (Home Rule) to read and get some answers for themselves. Councilman Leone suggested that Mr. Cook get in touch with the Attorney General and inquire as to his opinion on the way the Village of Tequesta is handling the ordinance. Vice~tayor Little suggested a workshop to discuss the new law (Home Rule} and. see if the Council can better understand it. Mr. Harp stated that three (3) bids had been received for police cars: Florida Chrysler Plymouth $3,280.00, Dick McCulley Ford $3,465.00, Bruce King Chevrolet $3,611x.04. Chief Dusenbery recommended the Ford and feels it is a better buy and less maintenance. Motion by Shay, seconded by Leone and unanimously passed that the amount of $3.465.00 be accepted to buy the new air-conditioned police car from Dick McCulley Ford. In case of strike, to approve the $3,280.00 car from Florida Chrysler Plymouth. Mr. Harp then stated the Village had received two (2) bids for the altitude valve for our water tank. Webb General Contractor $14,933.43, Crabtree Construction $25,842.00., both valves the game specifications. Bids have been turned over to our Consulting Engineers. He then stated that a man: from the County roads right-of way was in the office and had a s~rbardination of encumbrance.. to property rights to Palm Beach Cou~aty°which he would like the Council to approve so that they can Mart to #mprc~ve Seabrook Road. In the 80 foot easement the Village bkas a 10 foet right-of way for water mains. Aiotion by Leone, seconded by Shay and unanimously passed to approve the subordination of encumbrance. Mr. Lafferty stated that when the bicycle path is installed on Beach Road he wished that concrete would be used for beautification and appearance. • Captain Coleman stated that he would like to emphasize the need for drainage because. of the large amount of water standing 13 1©-23-73 - 5 after the rain and as for mowing of lots in the Country Ciub, the Association will have them mowed. Mr. Tatum asked if any discussion on the Kendall ordinance was going to take place tonight, stating he had another meeting to attend and if there was no ciscussion tonight he would save his continents until November 13, 1973. Vice-Mayor Little ixifo~ed the small audience that there would be no discussionron the five (S) ordinances to be read by Mr. Cook. A courtesy vote will.be taken tonight after the first reading to get the ordinances on the agenda for November 13, 1973. The Councilmen are not obliged to vote the same way each time. Mr. Harold Spindler stated he felt the reading of the ordinance should be tonight but at the last meeting Mayor Russell stated that no discussions or voting on the ordinances will be held. until November 13, 1973. Mr. Cciok then read all five (5) ordinances in entirety, four ordinances relating to Kandellls Seabrook Pines development and one concerning provision for special exceptions to allow three (3) stories in the R-2 District. • Motion by Leone, seconded by Shay and unanimously passed that a courtesy vote be given to the four (4) ordinances for Mr. Kendall+s development as proposed on first reading. To have second reading on November 13, 19?3. Motion by Leone, seconded by Shay and unanimously passed that a courtesy vote be given to the ordinance pertaining to the provision for special exception to allow three (3) stories in the R-2 District as proposed on first reading. To have second reading on November 13, 1973. Mr. Thomas C. Darcy suggested that all Councilmen take note of the two (2) extraordinary circumstances under which original action was taken. Mr. Shay recommended that Mr. Harp get a copy of the minutes of that meeting and would appreciate a m~norandum giving the Council his impression and the benefit of his memory, Motion by Leone, seconded by Shay and unanimously passed, the meeting was adjourned at 9:44 P.M. Re~~spectfully su ed, Charles R. ones Village C ark 14 f • CORRECTIONS OF MINB'TES OF MEETING OF OCTOBER 23, 1973 Page 11, paragraph b should read: Councilman Leone read the proposal from Mr. Karl Kandell for buying water meters and mains from the Village of Tequesta. The offer to the Yillage for the water meters is $4,998.90 and for the mains he can use is $2,300. All mains that cant be used will be stripped of all valves, fittings and fire hydrants that can be re-used by the Yillage. Page 12, paragraph 1 should read: Motion by Leone, seconded by Shay and unanimously passed that the Village of Tequesta accept Mr. Karl Kandell~s proposal to buy the water meters located in the Little Crib for $4,998.90 and the specified water mains for $2,300. Page 12, paragraph 3 should read: Motion by Leone, seconded by Shay and unanimously passed that no building permit be issued to the Loxahatchee River . Envirot~ental Control District for their sewage system construction program in Tequesta until a certificate of approval is issued by the Board of Health stating that the ENCON sewage mains and lift stations will not interfere with the Tequesta water-system. Also, that their plans be sent to Tequesta~s Water Consulting Engineer for his review and approval. Page 12, paragraph 5 should. read: Councilman Leone inquired. if a master plan had been designed for Tequesta Park. Vice~tayor Little stated there was a plan but it was not completed at this time, and would be given to the Council for their approval when completed. Page 14, paragraph b should read: Motion by Leone, seconded by Shay and unanimously gassed that the four ~4) ordinances for Mr. Kandell~s development be approved on first reading, and to have the second reading on November 13, 1973. Page 14, paragraph 7 should read: Motion by .Leone, seconded by Shay and unanimously passed that the ordinance pertaining to the provision for special exception to allow three (3) stories in the R-2 District be . approved on first reading, and to have the second reading on Novdnber 13, 1973, ~i Mayor Russell asked what was a courtesy vote. Courtesy vote was defined by Mr. Cook and Vice-Mayor Little. Since only two councilmen and the Vice~layor were in attendance at the October 23rd meeting, Vice-Mayor Little asked that a unanimous vote be taken so that all ordinances could be read the second time on November 13, 1973, at which time none of the three councilmen present were obligated to vote the same way. •