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Minutes_Regular_09/11/1973
MINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FIARYDA The first regular meeting for the month of September was held at 7:30 P.M., Tuesday, September 11, 1973 at the Village Hall. Councilmen present were Messrs: Russell, Little, Frank and Leone. Also present Mere Robert Harp, Village Manager, Christopher H. Cook, Village Attorney, Police Chief Henry M. Dusenbery, Alvin W. Butterfield, Building Official, Eery Preston, Recreation Director and Charles R. Jonas, Village Clerk. Councilman Del Ninno had handed in his letter of resignation for Seat No. 4 before the meeting. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Vice-Mayor Little. Upon motion by Little, seconded by Leese,`-the minutes of the August 28, 1973 meeting were approved and unanimously passed with the following changes: Page 87 - paragraph 2 - Mr. Karl Kandell asked the Village Council to authorise the Village Water Committee to negotiate with him and-his engineers to work out any technical and monetary problems in removing the Little Club development from the Village's water system. Mr. Kandell would like to service this area with the water supply system he recently constructed for Riverbend. s . Page 88 - paragraph 1 - Mayor Russell did not say it would be a gpod idea to wait, but said the Village should proceed with the improvements now and continue to review with the County the improvements they .propose to make at the intersection. Page 88 - paragraph 2 - Vice~iayor Little advised he had not spoken with the shopkeepers but had stated that they had previously been contacted in regard to the proposed Tequesta Drive improvements. Page 88 -.paragraph 4 - The last sentence. of the paragraph should include the Palm Beach County Engineer as well as the Village Manager, CounciLaan Leone, Councilman Del Niano and Engineer Arthur Meeks at the meeting, Page 89 - paragraph 6 - The word "year' following ~~frontn should read "yard" . The Mayor then stated that if the residents in attendance did not use ash-trays Provided for them instead of using the floor they would have to install no stacking signs, Mayor Russell then read the letter of resignation of Councilman Del Ninno who held Seat No. 4. Reluctantly upon motion by Little, seconded by Leone and unanimously passed, the letter of resignation read by Mayor Russell, was accepted. • 93 9-11-?3 --2 Mayor Russell asked the Council if they wished to fill the vacancy for Seat No. 4 now or leave it open until the next General Election in March 1974. Councilman Frank thought it best to wait, but CounciLnan Little stated he .felt it should be filled as soon as possible. CvunciLaan Leone stated he would go along with Vice-Mayor Little, stating that due to illness or death or other unforeseen circumstances, it could leave the Village with a problem in enacting ordinances, etc. Vice~Iayor Little then nominated Mrs. Thomas (Rusty) Jones, the tanner up in the last election, but the motion died for lack of a second. Counci]man Frank nominated Peter Baron, but it also died for lack of a second. Councilman Leone nominated Joseph Novak, who lives on Beach Road, seconded by Mayor Russell, the vote was 2 - 2, with Leone and Russell for and Frank and Little against the motion. CounciLaan Frank nominated William Loeffler, and the motion died for lack of a second. Vice~tayor Little resubmitted Mrs. Tomas (Rusty) Jones, seconded by Leone. Councilman Frank said he kept a record on Mrs. Jones attendance and she had attended 4 meetings out pf the last I7. Vice-~Aiayor Little stated that a person could sit on Council by being informed of goings on in Tequesta by friends and neighbors. The vote was 2 - 2 with Little and Leone for and Frank and Russell against., Frank made a motion to wait until the March elections since the Councilmen could not come up with any names to fill the seat. Vice-~[a.~r Little and Con~i]maa Leone felt that a decision should • be made tonight since the Village needs a quorwa of Cvuncil~gem at all times. Councilman Frank re-nominated William Loeffler, seconded by Little. The vote was 1 - 3 with Frank for and the other three Councilmen against. Mayor Russell then asked Mr. Eli Shay if he would serve if nominated, his answer was "yes". Councilman Leone-made the motion nominating Mr. Shay to Seat No. 4, seconded by Little and utta.nimously passed. Mr. Shay then came forward and took the Oath of pffice,from the Village Manager and was seated as Counci]man, Seat ~. Mayor Russell said it was nice to see that many people expressed willingness to serve on Council and show sv much interest in the Village at present and in the future. The referendum to change the Charter giving the e~.ectvrs of the Vi~.lage of Tequesta the right to vote for the Mayor was then brought up. Mr. Cook read an ordinance to amend the Village Charter to allow the electors to elect the Mayor. Vice-Mayor Little stated that at the time the Charter was adopted this was discussed and at this t~.me he has not received and calls nor been approached about changing the Charter. Councilman Shay asked why the matter of the electors electing the Mayor was .being considered. Mayor Russell stated that the Charter • Review Coanmittee recommended the existing manner of electing the-Mayor to make the Village Manager the "head of operations" and the Mayor the "Chairman of the Board", "Although this has not been accomplished, it is"something we are striving for". 94 9-11-?3 -- 3 Councilman Frank stated he still feels strongly that the electors of Tequesta should have the right to elect the Mayor. Councilman Leone asked if the Council was bound by law to pass the ordinance for referendum on October 16, 1973, He stated that if a document was found to be imperfect it should be changed, but he could not see where the Council made an error in electing the Mayor, but stated that if it would benefit the Village in any way he would be for it lOfl~. Mrs. Thomas (Rusty) Jones stated it all started at the last election becuase Council could not decide on a Mayor. She was inforoed it was the Vice-Mayor, not the Mayer, that the trouble was due to. Councilman Leone made the motion not to approve the reading of the ordinance to provide fora referendum on October 16, 1973 to give the electors the right to vote for Mayor, seconded by Councilman Shay with a vote of 3 - 2 with Councilmen Leone, Little and Shay against and Frank and Russell for. Mayor Russell stated that the budget for 1973-?4 must be voted on and approved by October 1, 1973, The next budget meeting will be held, at ?:30 P.M., Friday, September 21, 1973. Councilmen project reports were next on the agenda. Councilmen Frank and Leone had nothing to report at this time. • Vice~tayor Little stated that he had been away for a while and turned his part over to Gary Preston, Recreation Director,,who stated that he had written several letters and attended several meetings and that Mr. Mike Robbins(Adult Education Director), would like to speak at the next Council meeting about the Community School Program. Councilman Little-stated it would take 76 cents per person to get the recreation project off the ground. Mayor.Russell stated that he was very disappointed about the Public Hearing held on September 4, 1973 for the Zoning Board of Adjustment and that none of the members of the Board had shown up. Mayor Russell read a letter of September ?, 19?3 from Fire Control District No. 1, which wanted a study done on impact fees for the development of emergency equipment and afire station on this side of the River at the cost of $35, per unit. Fire Chief Baird of Fire Control District No. 1 stated that his 17 ton fire truck could not cross the bridge on AlA and would take at least 20 minutes to circle around. He ©nly needed a lot I50 ~ 15tJ for a new station and he felt that 1.543 miliage was the 1-owest,in the County, he did not feel we could wait 2 or 3 years for taxes to buy a new station. Mr. Cook was asked to look into various districts levying impact fees and the. authority of districts to levy same. Mr. Butterfield stated-that all commercial buildings in • Tequesta are being inspected in cooperation with Fire Control District No. 1. Mayor Russell stated as long as the impact fees can be used for 95 9-11-73 --4 Tequesta, when Council sees the proposal they will consider it. Mr. Cook said he would like to see the complete proposal for impact fees from the District. Mayor Russell ccmunented on a report from Police Chief Dusenbery as to speed and sound of heavy tnc~ks on Tequesta Drive and said that all trucks checked were under the speed laws and noise limits. The Mayor said he had a list of residents of Tequesta to fill the three "Ad Hoc" Committees he had suggested at the last Council meeting. Solid Waste-Review Committee -Peter Baron George J. Gillen Joseph B. Novak Upon motion by Leone, seconded by Little and unanimously passed, these persons were appointed to the Solid Waste Review Committee. Iiivestn-ent Review Committee - Morris Floyd Gustave Alexisson Motion was made by Leone, seconded by Shay and unanimously passed that these persons be appointed to the Investment Review Committee. Wage and Salary Review Cos~nittee - Herschel McCalley John Roberson John Giba Councilman Leone nominated William Dwyer, but since he was out of town his name would not be placed on the committee until he was contacted. Motion was made by Shay, seconded by Little and unanimously passed, that these persons be appointed to the-.Wage and Salary Review Committee. Mayor Russell asked the Village Manager to write to the appointees advising them of their appointment. The Mayor then asked about flood insurance in the Village and the Village Manager said he had received a large packet of inforn-ation on the program which had been given to the Building ©fficial and the Building Official would have a report on the flood insurance program for the next meeting. Mayor Russell then suggested that Mr. Harp obtain a Certificate of Appreciation for Councilman Del Ninno to be presented at the next meeting and to,try to have Mr. Del Ninno attend this meeting to receive it. He also asked about rules and regulations for Tequesta Park, the • sign for the Park, plaque for the Kiwanis Club; about the fiscal year beginning October 1, 1973 and if the Water Department was in readiness and the water budget complete. 96 9-11-?3 --5 The Village Attorney then read an ordinance to amend Ordinance No. 211, providing for changes as discussed at the Public_Hearing. Motion was made by Leone, seconded by Shay and unanimously passed that the first reading of the Ordinance be approved. All Councilmen being present and voting for approval of the first reading, Ordinance No. 213 was passed and adopted. Mr. Cook then advised the Council that Ordinance No. 201 did not contain a penalty clause and he had prepared an amending ordinance. He then read the ordinance. Frank moved, seconded by Little and unanimously passed that the reading be approved. A11 CounciLnen being present and voting far approval, the first reading of Ordinance No. 214 was passed and adopted. Mr. Harp was asked to write letters to Eagle Arnim Navy, Publix and Winn-Dixie about displaying merchandise on sidewa=lks. Mr. R. Kocher commended the Councilmen for the changes of lot coverage and all changes made in Ordinance No. 211 to help the residents of Tequesta and to keep the Village as beautiful as it is at the present time. Mayor Russell said there would be a Public Hearing on September 24, 19?3 for Mr. Kandell's zoning and annexation requests and a Public Hearing on September 2?, 1973 to provide for "Special Exception Oses" in R-2 Districts. Councilman Shay stated he would be glad to take over Councilman Del Ninno's responsibilities on roads and drainage and would see what can be done about the ditch manning from Seabrook Road west to the River. The Village Manager said that Councilman Shay could not serve as a Councilman and also serve on the Commwnity Appearance Hoard, and asked the Council to suggest a new name to serve on the Community Appearance Board. Mrs. 'T'homas (Rusty) Jones stated she was sorry about the record that Mr. Frank kept on her attendance. Due to death, being out of town and sickness had kept her from attending the meetings. Vice~ia.yor Little stated that letters had been written for State and Federal funds to help in recreation and would report to Council as s©on as they received an answer. On motion by Little, seconded by Leone and unani.~usly passed, the meeting was adjourned at 10:35 P.M. Respectfully submitted, ~• ' • Charles R. Jonas Village Clerk 9?