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Minutes_Regular_09/19/1972
MINUTES OF THE MEETIl3G OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA The Regular Monthly Meeting of the Councilmen of the Village of Tequesta was held at 7:30 P.M., Tuesday, September 19, 1972 at the Village Hall. Councilmen present were Messrs: Russell, Barr, Cunningham, Little and Frank. Also present were Robert Harp, Village Manager and Christopher H. Cook, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by CounciLnan Frank. Cunningham moved, seconded by Frank and unanimously passed that the minutes of the August 15, 1972 Council Meeting and Public Hearing be approved. Upon motion by Frank, seconded by Little and unanimously passed, the financial statements for July and August were approved. The statement for the eleven (11) month period ended August 31, 1972 showed the following balances on hand: First National Bank 6+ Trust Co. $ 32,841.30 Petty Cash ~ 25.00 Community Federal Savings and Loan 20,000.00 • Fidelity Federal Savings and Loan 16,578.91 Certificates of Deposit 90~ 000.00 $ 159,445.21 The Sinking Fund balance for payment of principal and interest on bonds for the Village Hall, land and sewer plant was $34,185.48 The Village Manager read a Resolution in honor of the late J.P. "Jack" Kurtz who was the first Mayor of the Village and a Councilman from July 10, 1957 to April 12, 1960. Barr moved, seconded by Cunningham and unanimously passed that the Resolution be approved and Resolution No. 5-71/72 was hereby passed and adopted. The Village Clerk read an ordinance providing a change in zoning classification from C-2 Light Industrial-Wholesale Commercial to R-2 Multiple Family Dwelling District for a parcel of land on Cypress Drive owned by Almont Properties, Inc. whic~,.was approved at the Fublic Hearing held August 15, 1972. Barr moved, seconded by Little and unanimously passed that the ordinance be approved. All Councilmen being present and voting for the approval, Ordinance No. 202 was hereby passed and adopted on First Reading. The Village Manager read a letter from Mr. William B. Sydow, Gee & Jenson, Sewer Department Consulting Engineers, dated September 6, 1972 defining a sewer "tap". The Village Manager advised this is the basis for issuance of taps for the additional plant capacity. Barr moved, seconded by Frank and unanimously passed that the Sewer Depart- ment's Consulting Engineers definition of "tap" be approved.. 56 9-19-72 - 2 • The Village Attorney read an ordinance providing for amending Ordinance No. 201 to provide a reduction in the stockbroker classification occupational license fee from $500. to $100. Cunningham moved, seconded by Frank that the Reading be approved. All Councilmen being present and voting for the approval of the reading, Ordinance No. 203 was hereby passed and adopted on First Reading. Mayor Russell advised that the next order of business was the consideration of requests. for more than ten (10) taps. The Village Manager advised that the first request was from Mr. Kenneth Schmidt for the Toby Jug Restaurant to be constructed on the north side of Tequesta Drive. The Sewer Department Consulting Engineer had determined this to require twelve and one-half (122) taps. Frank moved, seconded by Little and unanimously passed that twelve and one-half (122) sewer taps be granted to Mr. Schmidt for the Toby Jug Restaurant. The next request was .from Mr. Paul Thomson for 96 taps for the McGlynn--Garn-aker apartment complex in the Town of Jupiter lying west of the Kurtz Industrial Subdivision between Riverside Drive and Pineview Road. Attorney Cook reviewed his August 31, 1972 letter to the Councilmen explaining his opinion on the Village's allocation of sewer taps, stating the Council could approve this request but since it would be in the Town of Jupiter and the Village did not have a franchise, they would not be obligated to provide this service. The Sewer Department Consulting Engineer had recommended that the Village not take action on this request until the State Department of Pollution Control had • acted on the Villages plant expansion request, which the engineer expected to occur shortly. Counci Lean Barr stated he believed the Village Consulting Engineer should determine the capacity of the exist- ing lift station and force main which would service these taps; that the various governmental control agencies approval for the hookup should be received, and questioned whether the Council wanted to assign 96 taps to this project in the Town of Jupiter. CounciLnan Little said the Council should give consideration to the application as long as the facilities are adequate and it has the approval of other govern- mental control agencies. Counci]man Cunningham asked about line extensions for Village residents. Mayor Russell questioned if it is an obligation on the Villages part to grant this request. CounciLaan Barr reiterated the need for the engineers opinion on the lift station and force main capacity and approval of other governmental control agencies. Barr moved, seconded by Cunningham and unanimously passed, that the Village Manager and Consulting Engineer investigate and determine the capacity of the existing lift station and force main which would service this request, determine whether or not the various gover~ental control agencies approve the hook-up and ask the County Health Department if it would consider this to be an extension of the Villages system before the Council acts on this request. Mayor Russell advised the next item to be discussed was the budget for the fiscal year con~nencing October 1, 19?2. He stated there had been two workshop meetings on the budget with the final document showing total estimated income of $620,935.00 with estimated expenses in a like amount. He said the rscome inclu-deci>an estimate cash carry- over of $135,000, which resulted mainly from not rebuilding Tequesta 5? 9-19-72 - 3 • Drive duri the current bu et ng dg year and under-spending in various other accounts. He said the millage rate was proposed at 3.75 mills against 3.0 mills last year. He said 5~ cost of living wage increases were included, $46,000, for recreation and various paving and drainage projects. Frank moved, seconded by Little that the budget as presented be approved. Councilman Barr stated he was in favor of keeping the millage rate at 3 mills by postponing the Beacon Street project; cut down drainage improvements to $20,000. and reduce recreation to $20,000. He said he did not believe Itiwanis Park was a Pillage project and that the Village should try to obtain "greenspace° within its boundaries and favored a referendum on Kiwanis Park acquisition. The motion was approved by a vote of 4-1 with Councilman Barr voting against and the other four (4) Councilmen voting for the adoption. A copy of the budget is attached to and made a part of these minutes. Cunningham moved, seconded by Little that the 1972 millage rate be set at 3.75 mills. The motion was passed 4-1 with Barr voting against and the other, four (4) Councilmen voting for the motion. Councilman Little introduced Mr. F.D. "Bud" Jordan to discuss the Recreation Committee's work on the Kiwanis Park project. Mr. Jordan explained the work the committee had done, how they had obtained budget information and stressed the importance of providing for a recreational director. He further stated the committee calls for immediate action in this matter. Councilman Little read a letter from Father James Rasnick, President, Jupiter-Tequesta Athletic Association urging the Village Co~.ncil to acquire Kiwanis Park. Mrs. Thus Jones said school records show there to be 1306 Tequesta children in grades 1 thru 12. Little moved, seconded by Frank that the matter of the Village acquiring Kiwanis Park as a recreational facility be submitted to a referendum of Dillage voters within sixty (60) days. Cunningham said more information is needed to be presented to all voters to explain the referendum subject. Mayor Russell quoted Jupiter Mayor White saying recreation is a joint effort for an area group. The Mayor and Councilman Little agreed to prepare a letter to explain the project. The letter would be sent to all Village voters. CounciLnan Barr said. he favored the motion and the letter idea. Councilman Little asked Mr. Jordan if the Village Attorney had been given copies of the various types of leases and was advised he had received same. Mr. William Dwyer, a Village resident, said the people have been asking for recreation for at least three years and specifically Kiwanis Park and urged the Council not to delay action on the project. Mrs. Gordan Zimmerman, Village resident, questioned the need fora referendum, and asked why the Council would not take action now and said the people want public recreation now. Mr. Dunham, Village resident, said he favors the area sharing the expense of a park and favors a referendum. A member of the audience said the people would like to know where each Councilman stands on the Kiwanis Park matter. Little withdrew his motion and Frank withdrew his second of the motion. Little moved, seconded by Frank that the Village of Tequesta start the necessary proceedings to acquire Kiwanis Park as a basis fora Village Recreation 58 9-19-?2 - 4 Program on a $1.00 a year lease basis for a miniunwu period of thirty- five (35) years with the understanding the Village will develop the facility. Councilman Cunningham asked under what conditions is the park to be acquired. Mr. Jordan suggested using the terms of the existing Kiwanis lease. Councilman Barr said the lease should be for not less than thirty-five (35) years and first years expense not to exceed $45,000. The vote on the motion was: Frank - For the motion Little - For the motion Barr - Against the motion Cunningham - Against the motion Russell - Against the motion and it was not passed. Little moved, seconded by Cunningham and unan;m~.usly passed that a referendun on the Villages acquisition of Kiwanis Park be held within sixty (60) days, Little moved, seconded by Frank and »na*+i~~usly passed that 4he referendum be held at the earliest possible date. • Councilman Cunningham: requested that information be obtained on the cost of traffic signal installations at Tequesta Drive and Old Dixie Highway intersection and Tequesta Drive aad Seabr©ok Road. He further requested checking with the County ~kagineere office on the Tequesta Drive - Old Dixie Highway imersectidn signali~ation and if the drainage work was in this years County budget. ~Ie also asked to have the engineers to compute the benefits to be dre~ved by the property owners on both sides of Tequesta Drive if it should be rebuilt, The Village Manager reported the owner of the shopping center on the south side would like to repair his middle entrance by puttiAg i:nca concrete driveway and Councilman Cunningham said to advise h',~ l~ c:1d do same using four inches (4f~ ) of reinforced concrete. Barr discussed revision of sewer rates, plant e~sion and plant maintenance. Attorney James Weber said he would like to discuss the contributors $200.00 tap fee problem with ENCON and the Village Swage Committee to try and resolve the matter, The Village Attorney said it would be necessary to adopt an ordinance providing a rate schedule. The Village Manager said a preliminary study of rates indicated a fee of $5.00 a month might be appropriate. The Councilmen set 7:30 P.M,, Tuesday, October 10, 1972 as the date for a Special Council Meeting to discuss and possibly act upon new sewer rates, and other sewer department matters including the contributors plan to resolve the $200.00 tap fee matter, and to consider Mr. Paul Thomson~s request for 96 taps. The regular Workshop Meeting will follow the Special Meeting. 59 9-19-?2 - 5 The Pillage Attorney stated it would be necessary to delay the quarter billing for se+wa~e until Council should determine the rates. Barr moved, seconded by Frank and unanimously passed that the fourth quarter 1972 sewage billing be delayed until after the October 10, 1972 Special Meeting. Mayor Russell advised he had submitted the draft of the Zoning Committee's proposed new Zoning Ordinance to each Pillage Councilman. The Pillage Attorney discussed the matter of the procedure. for the clearing and cleaning of lots under the terms of Pillage Ordinance No. 196. He had prepared a resolution providing for the clearing and cleaning of thirteen (13) lots and that the estimated cost for the work on the lot next to Whitehall Condomini~ was $2,000. The Pillage Attorney read a resolution prova.ding for the clearing and cleaning of lots. Little moved, seconded by Barr that the resolution be approved and Resolution No. 6-71/72 was hereby adopted. Mayor Russell read a letter of resignation faun Counci]ma,n Barr who was resigning so he could be a candidate for the Board of the Loxahatchee River Enviroiunental Control District. Cunningham moved, seconded by Little and unanuaously passed that the resignation be accepted with regret. The Pillage Attorney said he had a Water Control Ordinance prepared and read same. The ordinance provides for water use restric- tions to be put into effect in periods of extreme drought or emergency situations. Cunningham moved, seconded by Little and unanimously passed that the reading of the ordinance be approved. All Councilmen being present and voting for the ordinance, Ordinance No. 204 was hereby passed and adopted on First Reading. The Pillage Manager advised that only one (1) bid had been received for statutory live insurance for Pillage employees and that Cornelius, Johnson ~ Clark had sutntitte~ the only bid of $360.00 for coverage from October 1, 1972 to September 30, 1973. Upon motion by Barr, seconded by Cunningham and unasu.mously passed, the bid was accepted. The Pillage Manager presented a proposed plan for revising the parking in the lot of Gallery Square North which had been submitted by Mr. Stancliffe. He further reported-that the Pillage Attorney was working on an ordinance providing for the registration of contractors and other license holders since the new law went into effect does not allow municipalities to require licenses from businesses not having their office in the Pillage. Mr. Harry Hetzel asked when he could expect the drainage problem at Elm and Beacon Street to be corrected. There being no further business, the meeting adjourned at 10:47 P.M• Respectfully submitted, b0 ~ - ~~~ ;_.