HomeMy WebLinkAboutMinutes_Regular_06/26/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF
• THE VILLAGE OF TEQUESTA, FLORIDA
The second Regular Council Meeting of the Councilmen of the
Village of Tequesta for June was held at 7:30 P. M., Tuesday, June 26,
1973 at the Village Hall. Councilmen present were Messrs: Little,
Leone and Del Ninno. Also present were Robert Harp, Village Manager
and Clerk, Christopher H. Cook, Village Attorney and Robert Jonas.
Mayor Russell was out of town and Councilman Frank was on vacation.
The Meeting was opened with Prayer and the Pledge of Allegiance
to the Flag by CounciLaan Leone.
Russell.
Vice-Mayor Little chaired .the Meeting in the absence of Mayor
Leone moved, seconded by Del Ninno and unanimously passed that the
minutes of the June 12, 1973 Council Meeting be approved.
Upon motion by Del Ninno, seconded by Leone and unanimously
passed, the financial statements for May, 1973 were approved. The Water
Department statement was not complete at meeting time. The Village
Manager reviewed the statement for the eight (8) month period ended
May 31, 1973 which showed the following balances:
First National Bank ~ Trust Company $ 52,334.19
Petty Cash 25.00
Conanunity Federal Savings b+ Loan 20,000,00
Fidelity.. Federal Savings ~ Loan 17,212.71
Certificates of Deposit 224,000.00
Federal Revenue Sharing Savings Acct. 16.269.44
$329,841.34
The Sinking Fund balance for payment of principal and interest
on Bonds for the Village Hall and land was $37,473.45.
Councilman Leone re}x-rted on the Water Committee meeting of
June 25, 1973 which (1) recommended hiring of the firn~ of Gee ~ Jenson,
West Palm Beach, as Water Department Consulting Engineers, (2) advised that
the Village Attorney was still working on the Village obtaining the water
easements in the Jupiter Inlet Colony well sites in Martin County; (3) the
300 foot deep test will on the Kandell property was started Monday; (4)
the Pe~utit filter was installed for test purposes in well field No. 2
on June 22, 1973 and the results seem promising in the removal of iron.
The work on the water report will continue when a new Consulting Engineer
has been retained.
-65-
r1
U
6-26-73 -2
Councilman DeI Ninno advised that he had discussed the matter
of Streets and Roads with County Commissioner Culpepper. He also reported
that the Palm Beach County Commission would hold its Regular Commission
meeting in the Village Ha11 at 9:30 A. M., Tuesday, Juiy 31, 1973.
Vice-Mayor Little advised that he and the Village Manager were
to interview another applicant for Recreation Director on Monday, July 2,
1973; suggested the placement of a Dempster for trash at Tequesta Park.
The Village Manager advised that he and the Building Official had to get
together to layout the bicycle path for Beach Road to submit to the State
Department of Transportation.
ViceMayor Little advised the next item for discussion was the
consideration of the appointment of a new Water Department Consulting
Engineer and said he thought this action should be done when all Councilmen
are present. Councilman Leone advised of the new State Law. affecting the
retaining of Consulting Engineers which is to become effective July 1, 1973
(H. B. 309) and could cause a considerable delay in proceeding with the
water problem. He said the Water Committee recommends the-fine of Gee ~
Jenson, with Mr. Anson B. DeWolf, pursuant to the terms of their proposal
as received and which had been forwarded to each Councilman. Councilman
Del Ninno asked Mr. Leone to review the proposed Agreement for the audience,
which he:proceeded to do. The monthly retainer fee is $100.00 per month
plus Engineers out-of-pocket expenses. Leone moved, seconded by Del Ninno
and unanimously passed that the Village accept the Agreement for Water
Department Consulting Engineer services of Gee F~ Jenson pursuant to the
terms of the June 26, 1973 Agreement which had been submitted to the Village.
The Councilman had been advised that Village Judge Allan V. Everard
had recommended the appointment of Malcolm Anderson as Village Judge Ad Litem.
Del Nizsno moved, seconded by Leone and unanimously passed that Malcolm Anderson
be appointed Village Judge Ad Litem.
Vice Mayor Little advised that the next item for consideration was
a new Ordinance for regulating the hours and days construction can take place
in the Village. A copy of a a proposed Ordinance as prepared by the Village
Attorney has been forwarded to each Councilman. Councilman Leone said he
was opposed to the entire Section 6. The Village Attorney said this was' the
same language as in the existing Ordinance. Councilman Leone said Section 4
did not read properly and it was decided a semicolon would have to follow the
work "Holidays." The matter of various services which, of necessity, has
to be done at hours when the proposed Ordinance prohibited such work, was
discussed. It was determined to bald action on the Ordinance until all
Councilmen are present to discuss it. Mr. Tom Lafferty, President of the
Beach Road Association complained about work on Tequesta Towers being done
until 10:30 P. M. The Village Manager advised that the concrete supplier
haci had trouble at the plant after the start of the pour,-which had to be
completed to be satisfactory. Mr. Lafferty said the Beach Road Association
thinks there is a lack of coordination of the work and there is ao reason
for the contractor not being able to see that it is coordinated.
-66-
6-26-72 - 3
He asked that the existing Ordinance be read, which the Village Attorney
did (Ordinance No. 29). The Village Manager referred to Section 3 of the
Ordinance which the Building Official presumably had used to determine that
loss or inconvenience would result to the party in interest if the work was
not allowed to be completed. Mr. Lafferty said the Asaociation wants the
Ordinance enforced. The Police Department is to be advised to enforce the
Ordinance and Mr. Di®osta is to be again apprised of the teens of the
Ordinance. Mr. Butterfield said the first pour started at 10:30 A. M.
when he was present and the last of 265 cu.yards of concrete was poured
at 6x45 P. M. and had to be finished off. The matter of enforcement was
discussed and Mr. Simmons reminded that the Pillage Manager is directed to
do so by the Pillage Charter. Mr. Skinner said there have been many violations
of the Ordinance during-the past two .years on other DiPosta buildings under-
' constriction. Mr. Leone asked the Building Official if h@ had granted a permit
for the work after 6:00 P. M. Mr. Butterfield said he was present for the last
pour and thus his presence would be tantamount to permission. Mr. Butterfield
reported the Police Patro]man had advised him of the situation and appeared
reluctant to act and the Building Official should notify the Police Depart-
ment that such a permit has been issued. Mr. Lafferty suggested that the
Building Official confirm all reports of breakdoMms and that the Police
Department issue citations for violations if persons working after hours
do not have a permit. Mr. Baron asked t~rho should enforce -Building Official
or Police Department? The Pillage Attorney asked the. CounciLnen their feel-
legs in regard to Section 6 of the proposed Ordinance. All those present
agreed-that the entire Section should be deleted.
Pice~Sayor Little advised the next .matter for consideration was the
changing of Court time. The Pillage Manager stated that Judge Everard had
suggested holding Court in the morning and the Pillage staff would have no
objection to this. I.~one moved, seconded by Del Ninno and unanimously passed
that the Court date be 9:00 A. M. on the first and-third Thursdays of each
month. The Village Manager advised this would probably become effective
July 19, 1973, providing no cases-had already been set for this date. The
Villag4 Manager .then discussed the matter of an increase in Court costs from
$1.~ to $5.00. It was explained that the present $1.00 is remitted to the
State for a Police training fund. Of the proposed $5.00 costs, $1.00 would
still be remitted to the State. Del Ninno moved, seconded by Leone and
unanimously passed that Court costs be increased to $5.00 effective with the
July 5, 1973 Court date.
The Pillage Attorney advised that the Court had signed the Order
of Taking for the additional ten (10) feet of right-of-way on the north
side of Beacon Street from-two properties and-the only matter to be resolved
is the amount the Pillage has to pay for same. He said he is defending the
suit against the Village and Building Official in regard to the height of the
Tequesta Te°wers building and is trying to determine what to do about strength--
ing of the legality of the new Zoning Ordinance-before problems arise.
Mr. Lafferty asked the status of ahand-carried letter of June 25, 1973 to the
Village Attorney, in regard to a development in the case.
-67-
• 6-26-73 - 4
Mr. Lafferty had a copy of the letter. Mr. Gook said it will be brought
to the Councils attention in the proper manner by a letter from him.
Mr. Lafferty would not read his letter but gave it to the Councilmen to
read if they wanted to.
The matter of bicycles being driven on Tequesta Drive instead
of on the bicycle path was brought up by Mrs..-Moon. Vice~iayor Little
said he believed that the State Law considers bicycles the same as other
vehicle~~~~~ould check this out with Police Chief Dusenbery and report
back to he~`'ori the matter, Mr. Baron said he was curious about the Sunshine
Law in regard tb the previously mentioned letter. Mr. Harry Hetzel wanted
to know if drainage for the corner of Elm and Beacon Streets was included in the
• Beacon Street'i~n~rovement project, He was advised it was not. He said he had
been asking for'"drainage for several years. Mr. Del Ninno said he would like
to appoint a Suet, Roads and Drainage Committee, The Councilmen agreed to
have the Engineer look into drainage for this area while finalizing the
Beason Street plans. Mr. Shay inquired about a map of topo elevations and
was advised this had been done in the 1967 Comprehensive Plan. Mr. Leone
advised that surface drainage now falls under the control of the Loxahatchee
River Envirorunental Control bistrict. Mr. Del Ninno will present the names
of three members for a Streets, Roads and Drainage Committee at the next
Ceuncil meeting. Mrs. Moon asked about who to call in regard to ruts on the
northeast corner of U. S. No. 1 and 5R 707. The Village Manager advised he
would pursue this matter. Mr. Hetzel again requested the Village provide
drainage for Elm and Beacon corner.
_Mr. Swede Swenson complained about the recently erected ~~Do Not
Block Intersection Sign" blocking the view of. motorists looking to the west...
The Village Manager will have the condition corrected. Mr. Butterfield
advised that under the new Zoning Ordinance, if a carport should be closed in,
the property owner might have to provide an additional parking space, thus
removing some green area from his lot. Mr. Don Cantrell asked about Mr.
Lafferty~s letter and was advised it was not written to the Village Council
and Mr. Lafferty stated he would not read it to-the public at this time..
Mr. Lafferty showed pictures of paper, soda cans etc. in the vicinity of
the Tequesta Towers construction site and on-the lot across the street and
asked that it be cleaned up. He said he had talked to the Village Manager
about it in a conversation and the Village Manager said .he did not recall the
conversation. Mr, Cook suggested the proper complaint for action would be
to the Police Department. Mr. Lafferty addressed Mr. DiVosta suggesting
he be a good citizen and sea that the area is maintained in a clean manner.
Mr. Baron suggested written. complaints to the Village office. Councilman
Leone stated the Police Deparbnent should enforce the Village Ordinance
if they see a violation without a complaint. Mr. Del Ninno agreed that
the Police Department should initiate complaints when observed.
IIpon motion by Del Ninno, seconded by Leone and unanimously
• passed, the meeting adjourned at 9:00 F, M,
Respectfully submitted,
~~~
-68-