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HomeMy WebLinkAboutMinutes_Regular_05/22/1973MINUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The second Regular Council Meeting of the CounciLnen of the Village of Tequesta was held at 7:30 P.M ., Tuesday, May 22, 1973 at the Village Hall. Councilmen present were Messrs: Russell, Little, Frank, Leone and Del Ninno. Also present were Robert Harp, Village Manager and Clerk and Ed Welch, representing Christopher H. Cook, as Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Councilman Del Ninno. Councilman Leone advised the Council that he had. not made the statement 'but would approve election at large for Mayor" as stated. in the April 24, 1973 minutes, and moved that the phrase be stricken from the minutes and the minutes approved, seconded by Del Ninno. There was some question about the subject with Councilman Frank stating he believed the minutes were correct. The motion passed unanimously. Del Ninno moved, seconded by Little that the minutes of the May 1, 1973 Special Meeting, Map 8, 1973 Public Hearing and • May 8, 1973 Council Meeting be approved. At the request of Mayor Russell, the maker and seconder of the motion agreed to revise the motion to reflect that he had talked to Mr. DiVosta following the meeting, whether the ,proposed condominitans to be constructed on his property in conjunction with Mr. Kandell were to be sold or to be rental units and Mr. DiVosta advised he had not determined this as yet. Motion unanimously passed. Upon motion by Frank, seconded by Del Ninno and una~timously passed, the financial statements for April 1973 were approved. The Water Department statement was not complete at meeting time. The Village Manager reviewed the statement for the seven (7) month period ended April 30, 1973 which showed the following balances: First National Bank and Trust Company $ 65,021.04 Petty Cash 25.00 Community Federal Savings and Loan 20,000.00 Fidelity Federal Savings and Loan 17,212.71 Certificates of Deposit 224,000.00 Federal Revenue Sharing Account 16..269,44 $ 342, 528.19 The Sinking Fund balance for payment of principal and interest on bonds for the Village Hall, land and sewer plant was ,35,142.44, 54 5-22-73 - 2 Councilman Frank s uggested that 50 additional chairs be purchased for the Ha11 to accomodate the larger crowds attending 4aTlous Council meetings. A question arose as to the actual ma~ri m,rm capacity of the Hall according to Fire Regulations and the Pillage Manager is to check this with the Fire Department and report back to the Council. Councilman Frank asked if Mr. Cook was going to continue to be the Village Attorney and the Village Manager said to the best of his knowledge he was. Councilman Frank suggested that "Stop" signs be installed on Country Club Drive, in both directions, to help control the heavy truck traffic by making the trucks have to keep gearing up and down. Councilman Leone supported Councilman Frank in this proposal. Chief Dusenbery stated such a method was not recognized as a method of traffic control and he would not be in favor of it. The Village Manager advised that all materials for the 30 MPH signs had been received and the signs should be made and erected by June 1, 1973. It was decided to see what effect the reduced speed limit would have on the problem, combi:sed with strict enforcement. Captain W. D. Colman, President of the Tequesta Country Club Property Owners Association, addressed the Council reiterating the need for control of the traffic on Country Club Drive. Councilman Leone reported on the Water Committee meeting held May 21, 1973. He advised the results of the test of the water from the test well on the Kandell property indicated it to be about the same as that in Well Field No. 2, relatively high iron content; that work is proceeding on obtaining easements from Kandell and Donner for well sites and-lines to bring the water into the system; that the 300 foot deep test well on Kandell property is expected to be drilled the first week of June. The test well is to be west of the FEC right-of way opposite Well Field No. 4. The pilot model aerator in Well Field No. 2 has been in operation about one (1) week and is removing iron to an acceptable standard; Consulting Engineer is trying to obtain new filters from Pemutit Co. to see if these will reduce the-iron content more. CounciLnan Leone reported both Jupiter and Jupiter Inlet Colony had agreed to sell their water rights in the field in Martin Countq to the Village for a total cost of $5,000. The area could be used for four-(4) wells with a capacity of 150 GPM each, or a total of 600 GPM additional water. The water from the existing test well on the site will be tested to get an up- to-date analysis. There is some question about the transferability of the water rights and the Village Attorney is reviewing this to advise the Council. Councilman Leone advised the Water Committee recommended the driving of another 300 foot deep test well in this area at an estimated cost of $1,000. - 1,200. and further recommended that the Consulting Engineer be authorized to proceed with design specifications and drawings for the four (4) wells and system design to tie into the system. This engineering cost would be on a per diem basis and not exceed $1,500. The Village Manager should also be authorized to advertise for bids for the work to be done, however, all of these items would be contingent upon the advise of the Village Attorney that Jupiter and Jupiter Inlet Colony could transfer their 55 5-22-?3 - 4 for sale. Mr. Welch advised that the provisions of the bill of sale would prevail Qver the provisions of the Ordinance. Leone moved, seconded by Little that the reading of the Ordinance be approved. Ail Councilmen being present and voting in favor of the motion, Ordinance No. 209 was hereby passed and adopted on First Reading. Leone moved, seconded by Del Ninno and unanimously passed that the. Mayor and Clerk be authorized to execute the agreement for sale, bill of-sale and warranty deed relating to the sewer plant property. The Mayor and Clerk then signed the documents and Mr. Bill Lund, Chairman of the Board of the Loxahatchee River Enviroriraental Control District, then ,presented a check in the amount of $87,030.63 to Mayor Russell for the plant. Councilman Little suggested a "Do I~ot Block Intersection' sign for the intersection of Tequesta Drive and Cypress Drive on the south side to help e]iminate a bottleneck sometimes caused by a train at the Tequesta Drive-Old Dixie Highway intersection or by heavy traffic stopped by the traffic signal. The Village Manager and Police Chief will look into this sign. Councilman Little spoke of the Kiwanis Park Sublease. Mr. Welch advised that the sublease agreement had been received from the State. He advised the wording in Section 2 had been changed to read "compatible with" and had added a new Section 13 requiring a sign to be placed on the property indicating the park was being operated by the Village of Tequesta as a part of Jonathan Dickinson State Park, State of Florida, Department of Natural Resources. Mr. Welch read some suggested'r~evised wording that the Village Attorney had written. Little moved, seconded by Leone and unanimously passed that the Village of Tequesta accept the Kiwanis Park Sublease as submitted. The lease was then signed by the Mayor and attested fisy the Village .Clerk. Mayor Russell asked the Councilmen to consider a name for the park. Little moved, seconded by Frank and unanimously. passed that the park be named "Tequesta Park". Councilman Little ,rted that he was checking out use of State Road ?07 (Beach Road) with the State Department of Transportation to construct a bicycle path in the right-of way. He also reported a meeting was being held Thursday with a prospective applicant for the position of Recreation Director. He asked about trash pick-up at the park and the Village Manager will contact the franchise holder to pick up same. He further advised the Recreation Committee can start to assist the Village with its program. He also spoke of a bicycle path for Country Club Drive which had been discussed previously. Councilman Del Ninno advised that the Village Manager was contacting County Commissioner Culpepper requesting that the County make improvements to the Old Dixie Highway-Tequesta Drive intersection. Mayor Russell spoke of use of private wells indicating that there was no way to prevent their installation and use unless the Consulting Engineer would certify that there was not sufficient water in the ground. The Village Manager advised the Water Department Consulting Engineer could not make such a statement. Mayor Russell 57 5-22-73 - 3 "~ water rights and easements.- Councilman Leone moved, seconded by Del Ninno and unanimously passed that the Village proceed with drilling another 300 foot deep test well; authorize the Consulting Engineer to proceed with design specifications and drawings for the four (4) wells and system tie-in and authorizing the Village Manager to advertise for bids for the project, all contingent upon the transferability of the well rights and easements. CounciLnan Leone reported that the coastal ridge aquifer is recharged approximately 90~ from rainfall and l0~ from other sources. He reported the Committee is working continually with Mr. Harry Rodis of the U,S, Geodetic Survey. Attorney Welch discussed the question concerning the transfer of the water rights and easement and will advise Mr. Cook to proceed with determining the answer, and that Mr. Cook had sent deeds to Teleprompter Cable TV to be signed. Councilman Leone reported on Councils approval of a 30 year water service franchise from the Town of Jupiter for that part of the town served by the Tequesta Water system, the surcharge will be reduced July 1, 1973 to 15~; July 1, 1974 to 10~; July 1, 1975 to 5~ and July 1, 1976 to zero. The actual written franchise document had not been received but the terns were discussed at a recent Workshop Meeting between the Jupiter Town Comanission and the Tequesta Councilmen. Councilman Leone moved, seconded by Frank and unanimously passed that the Village accept the franchise from the Town of Jupiter encompassing the terns as discussed at the May 16, 1973 Workshop Meeting. Mayor Russell suggested Izaak Walton League letters be sent to members of . the Village Water Committee. Mayor Russell asked Mr. Bill Lund when his Board expected to begin work on water problems and was advised it was on the agenda for their next meeting. Chief Dusenbery, with the assistance of Detective Gene Akers,. showed the "Help Stop Crime'" film which was well received. Mayor Russell spoke of the various painting of buildings, etc, apparently by members of the Senior Class of the High School. Mayor Russell recognized the members of the Board of the Loxahatchee River Environmental Control District who were in attend- ance to affect the transfer of the Village's sewer plant to ENCON. Their attorney, William J. Wood reviewed the documents and it was agreed to execute the documents tonight with the transfer to be effective at midnight, May 23, 1973 to allow for time to arrange for insurance coverages, etc, by the ENCON District. Resolution No. 4-72/73, dated May 8, 1973 provided for the transfer of the system to the District. Mr. Welch advised Mr. Cook had received (1) agreement for sale (2) bill of sale; (3) warranty deed and (4) franchise ordinance relating to the tran~.fer. Mr. Welch then read an Ordinance of the Village of Tequesta granting a 30 year franchise to the Loxahatchee River Environmental Control District for the provision of sewer service for the Village of Tequesta. Attorney Wood read the agreement 56 5-22-73 - 5 asked that the matter of appointments to the Community Appearance Board be on the Agenda for consideration at the May 28, 1973 Special Council Meeting. He asked about a proposed heavy load tax; signs; letters to property owners on Beach Road re: posting and fencing of their properties. These properties are not in the Village. He said he had sent a letter to the Beach Road Association advising them of a recent meeting with Sheriff Heidtman in regard to action necessary to aid policing of the area by the various police agencies. Mayoor Russell asked the Village Manager to request Mr. Kandell to send a copy of .the plat and a letter stating the plat is substantially what he and Mr. DiVosta intend to build if a change in zoning from R-1 to R-2 should be granted as requested and for which a Public Hearing was held May 8, 1973. Mayor Russell referred to his memo- randum to the Councilmen re: meeting with representatives of Palm Beach and Martin County to discuss County Line Road improvements and read his letter to Palm Beach County Commissioner Robert F. Culpepper and Martin County Commissioner John Kiernan in this regard. He thanked the Village Sewer Committee for their services to the Village since the Village has owned the plant and discharged the Committee since the plant had now been transferred to ENCON. Mayor Russell advised that the Annual Water Department Audit and Auditor's Budget Transfers for the calendar year 1972 had been received and each Councilman had received a copy of same. Leone moved, seconded by Del Ninno and unanimously passed that the Audit Report be accepted and the budget transfers as requested by the Auditors; be approved. Mayor Russell referred to the auditory s letter regarding the necessity for having written accounting and bookkeeping procedures and the Village Manager advised he will proceed to work this up in cooperation with the auditors and Pillage Attorney. An ordinance providing for the adoption of Section 3, Paragraphs A, B and C of Jupiter Fire District Fire Prevention Resolution was given second reading by title only. Leone moved, seconded by Little and unanimously passed-that the reading not be approved.. Therefore the ordinance was not adopted. The Village Manager then read an ordinance providing for the adoption of Fire Prevention Resolution No. 3 of Fire Control District No. 1. The Village Council approved adding a new section'to provide that if any parts of the ordinance are in conflict with the Village of Tequesta Zoning Ordinance, the terms of .;:.the Fire Code of Fire Control District No. 1 will prvail. All Councilmen being present and voting for the adoption, Ordinance No. 210 was thereby passed and adopted on First Reading. Mr. Len Lindahl, P.E, appeared before the Village Council to explain the dilema of the Riveredge Club in getting water service. He said they had been negotiating with the Village since the past November and since the moratorium the Pillage would not provide them with water service. It was explained it would be necessary to 58 5-22-?3 - 6 construct a new main to provide the service, since there was not an existing water main abutting the property. He explained the Clubs program and investment in the project and said it was and had been the intent of the Club to use Village water service, The Village Manager said that the Water Department Superintendent had said he had talked to representatives of the Club and Mr. Lindahl in regard to the provision of water service but was never definitely advised that the Club would install the necessary line until after the moratorium was effective. The Mayor asked that this matter be discussed at a Workshop Meeting at 7:00 P.M., May 28,.1973 with Mr. Worth and Mr. Donald L, Osha_, Consulting Engineer, in attendance. The Village Manager advised of the County Planning and Zoning Board Meeting tomorrow at 8:00 A.M. at the Royal Lion Restaurant at which the County Land Use Plan is to be presented. He further advised he was reviewing the requirements of the Ftderal Revenue Sharing Program and would have a report for the next Council Meeting. He reminded of the Public Hearing scheduled for 7:00 P.M., Thursday and Friday, May 24 and 25, 1973, at which time the proposed new Zoning Ordinance was to be discussed and to consider that change in zoning from C-3 to C-2 of the television antenna site and well field site on Old Dixie Highway. Mr. Sattley advised of a Board of Education meets ng scheduled for 2:30 P.M., Friday, May 25, 1973 at the building on Belvedere Road to discuss planning for Jupiter School. Mr. Leone said he was attending the meeting for the Chamber of'Commerce and would also represent the Village. There being no further business, the meeting was adjourned at 10:35 P.M. Respectfully submitted, ~-Robert Harp Village Clerk 59