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HomeMy WebLinkAboutMinutes_Regular_06/20/1972MIlVUTES OF THE MEETING OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FIARIDA The Regular Monthly Meeting of the Councilmen of the Village of Tequesta ~,~as held commencing at 8:00 P.M., Tuesday, June 20, 1972 at the Village Hall, 357 Tequesta Drive. Councilman present were Messrs: Russell, Barr, Cunningham, Little and Frank. Also present were Robert Harp, Village Manager and Clerk and. Christopher Cook, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Councilman Little. Upon motion by Cunninghan, seconded by Little and unanimously passed, the revised. minutes of the May 16, 1972 Council meeting were approved. Upon motion by Cunningham, seconded. by Frank and unanimously passed the financial statement for Map tatas approved. The statement for the eight (8) month period ended Map 31, 1972 showed the following balances on hand: First National Bank ~ Trust Co. $ 26,460.01 Petty Cash 25•~ Community Federal Savings and Loan 20,000.00 • Fidelity Federal Savings and Loan 16,374.98 Certificates of Deposit 115,000.00 $ 177,859.99 The Sinking Fund balance for payment of principal and interest on the Village Hall bonds and bonds for the purchase of land east of the Village Hall was $26,913.49. The eater Department statement was not complete at meeting time. The Sewer Department report for the five (5) months ended May 31, 1972 showed receipts of $33,679.16 and operating expenses of $27,882.96. It was reported by Councilman Frank that three (3) of the six (6) Beacon Street property o~,~ners had accepted the Village's offer of $500.00 for a portion of their property to be used as road right-of- way and one other had referred the offer to her attorney. The matter will be further pursued. Councilman Little asked the status of the bicycle path const- ruction and the Village Manager advised the job had been delayed because of the recent heavy rains. Mrs. Manning complained of the delay in the work and Mrs. Bondi complained of the water lying in the path area. Counci Lean Barr advised the Village Sewage Committee had not had an opportunity to review the May 11, 1972 letter from the Loxahatchee River Envirorunental Control District advising ho~u they proposed to assume ws ownership, control and management of the Village's Sewage Treatment Plant. He spoke of the District's recent $10,300,000. bond validation and that the Village's report on the proposed plant expansion of 50,000 gpd had 40 6-20-72 - 2 r been suk~nitted to the various governmental control agencies on June ?, 1972 by the Sewer Department Consulting Engineer, Second reading was given, b ing an R-lA Zoning Classification for Drive which was annexed by Ordinance '. Cunningham that the second reading be Ordinance having been approved. at the No. 194 was hereby passed and adopted r title only, to an Ordinance provid- the Worthington property on Point fo. 192. Barr moved, seconded by approved. The first reading of the May 16, 1972 meeting, Ordinance on second reading, The Council then discussed the proposed. noise ordinance which had been given first reading at the Map ib, 1972 meeting. Councilman Cunningham advised of his research of the matter and suggested omitting al]_ items needing the use of an octave band analyzer and adjusting the ordinance to be capable of being enforced with only the use of a sound level meter, Cunningham moved, seconded by Barr and unanimously passed that the original noise ordinance not be given second reading, The Village Attorney advised he had prepared a new ordinance as suggested by Councilman Cunningham. Cunningham suggested deferring the reading of the 12 page ordinance until the last item of this meeting and the Council concurred, The Council then discussed the zoning classification for the two (2) parcels of land owned by North County Fir st Aid Squad, Inc. which was discussed at the May 16, 1972 public hearing for this purpose. The Village Attorney discussed various options open to the Councilmen for a zoning classification for the subject property. Mr. Smallwood, President of the North County First Aid Squad, Inc. said all the squad intended to build. was their ambulance service building. Mayor Russell inquired about the possibility of the Fire District building facilities for the ambulance service. Mayor Russell then asked about a rtmnor that funds were being solicited by the group stating a Doctor would be avail- able at the facility. Mr. Smallwood said they hoped to provide emergency room service in Phase 2 of their plans. Cunningham moved, seconded by Little that the subject parcels of land be zoned C-1 Retail Coa$nercial District. Further discussion ensued on the matter, The Council was advised that Tequesta Gardens was pleased with having it there. Councilman Little explained his reason for raising the question as to what usage could. be made of the property if the First Aid Squad ever relinquished ownership was to protect the area in the event such a change in ownership might occur. If the zoning was changed. at a later date, the First Aid Squad would be glad to have their property conform to any classification that might be established for it. The Village Manager read an ordinance providing a C-1 Retail Commercial Classification for the North County First Aid Squad, Inc. property annexed by Ordinance No. 193 and changing the zoning on their present parcel from R-1 to C-1. Cunningham moved, seconded by Little that the reading be approved. All Councilmen voted for the approval of the reading and all Councilmen being present and voting for the ordinance, Ordinance No. 195 was hereby passed and adopted on first reading. 41 6-20-72 - 3 The Village Manager gave second reading by title only to an ordinance providing for the cleaning and clearing of Lots. Cunningham moved, seconded by Little and unanimously passed that the second reading be approved. The first reading having been approved at the May 16, 19?2 meeting, Ordinance No. 196 was hereby passed and adopted on second reading. The Council then began to discuss the Village taking over Kiwanis Park. Little moved, seconded. by Frank that the Village Manager be instructed to start proceedings for the acquisition of Kiwanis Park by the Village, with the intent of developing this as a recreational facility and that the results of the investigation be brought to the August Council Workshop Meeting, There was some question on the wording of the motion and Little changed it to say "investigate the acquisition" instead of "to start proceedings for the acquistion". The seconder, Frank, agreed to the reworded motion. Mayor Russell asked Councilman Little if he knew the amount of capital expenditures necessary to put the park in shape and was advised he could not have the amount until it was determined what is to be done. The Mayor questioned the amount necessary to operate the park since volunteer help would probably not be readily available, The matter of law enforcement at the park was discussed and the Village Attorney stated he did not believe the Village police could enforce the law at the park in Martin County. Councilman Little questioned if the Village po],ice might be made park rangers with police powers. The • Village Attorney will pursue this matter and advise. Councilman Little stated he does not agree with the recent Beacon News editorial and said the people of the Village want to have the facility. Mayor Russell read an article in the Miami Herald in which Frank Wacha, Chairman of the Martin County Co~r-ission stated they opposed a lease to the Village. The Mayor reported on the recent COG discussion on the park and said they were not ready to get into the recreation business at this time. Councilman Barr said he thought the Village should take a very close and careful look at the proposed park acquisition and get the answers on costs and various other questions and stated he would probably not be in favor of the project. Councilman Cunningham said the questions could not be answered without a study of the matter. Councilman Barr said we should find out the costs and have a referendiun on the acquisition. F, D. Jordan said many facts and figures are available for the Counci]man to use and study and will be submitted if asked for. Air. Bill Dwyer says he has operational figures for the park from the Jupiter-Tequesta Athletic Association. He said the Council should proceed with acquisition of the park now at a minimal cost. He urged the Council not to get involved with COG, since this had been tried several years ago and was not success- ful. He said present annual operational costs by the Athletic Association are $6,500.00 - $2,000.00 for utilities and $4,500.00 for maintenance, etc. Mr, Joe B. Moore asked if a study of costs had been made prior to consider- ation of the Thomson offer and was advised it had not been made. Mr. William R, Dunham spoke of the older age group in the Village ~,rhich he said is a retirement area. He said a millage increase would probably be necessary to support the project. He said a referendi~n should beheld on the matter after a study is made, Mr. George Barlow said the proposal 42 ~~UL-yT,~JG/~TEr T r~a~rQ that Mr. ~iarp be i~str~cted to atrt _ ~ _.~__._ _,~__~ _ tY~e acq~iai.tirx _-~~ iwaxia Park b;~ the Villa.gs, with the ixtaxtt~otz sf. d~xslspix~ ~laZm =xa a rs~r®a,tioxal facilit7,•axd that all r~aulta ~'rsaa th®ae prsca®dix~;a sba br~r~aerht t• tha Csxxcil hlaatix~~ ~f Tb~ rc~~ala.r rrsrki[k~~ ix ,~snz~t.1972. ~~~ ~ ~ 1 Co v" ~~~ ~ ~a~ffi t~.a ca~xcil a~~~ixt a r~cr~xtiox axd par~ra car~~itt~~ .cax~i~t3.~; f ~lb~rt `a.~~xas'~ ~~`~a/7~;'~'S ~,q ~u.c~ Jard~.x / dill !@aslar ~1 R~aat~ Jrx~ra ~ (Ira. Taa Jsxe~s) +~ Earl C •oper ~/ Je~ax ~;i~~r~~r~a~x (Mra. Gsrdsx ~i~ua®r~[~-Y) is wark with axd aaaiat the rilla~• ~sxxiil ix oatabli<<~ix~ village racraatiaxal facilitids. ~ ~ i~ !~~ ~~~ ~; ~ , 6-20-72 - 4 was for programs for all age groups not just the youth and Council should investigate problems in acquiring Kiwanis Park. Mayor Russell called for the vote on the motion which tti~s Russell Cunningham Little Frank Barr - For - For - For - For - Against and it passed 4-1. Counci]man Little spoke of a need for a recreation and parks committee and moved bhat the following persons be appointed members of said conunittee: T. Elbert Clemmons F. D. ~~Bud" Jordan William J. Taylor Mrs. Thomas (Rusty) Jones Earl Cooper Mrs. Gordon (Jean) Zimmerman to e:ork with and assist the Village Council in establishing Village • recreational facilities. Councilman Frank questioned if any other persons wanted to serve on the corraaittee, and Mayor Russell said he believed the Cornnittee could use any other persons ~,~ho would. work on the Committee. The motion was unanimously passed. The Council then considered the March 13, 1972 letter proposal from the U.S. Geological Survey, Water Resources Division, for a water resources investigation at a cost of $33,500. to the Village with a like amount of Federal matching funds aver a four year period. Cunningham moved, seconded by Barr that the proposal be accepted. by the Village. The motion was unanimously passed. The Village Manager advised that two (2) bids had been received for a water tank maintenance service contract to be effective July 1, 1972 for three years. Bids received were: Odom Tank Company $ 3,700./ yr. ($11,100.) Sieg ~ Ambachtsheer 2,400./ yr. ($ 7,200.) The low bid was recommended by the Village Iwfanager, Water Department Superintendent and Consulting Engineer. Cunningham moved, seconded by Barr and unanimously passed that the low bid of Sieg >~ Ambachtsheer be accepted and the Mayor and Cleric are authorized to execute the contract. Mayor Russell discussed a proposal from Kimley-Horn Associates, Inc, to provide Arofessional services to assist the Zoning Ordinance Review Committee. The cost ~*ould not exceed $1,500. Barr moved, seconded by Cunningham and unanimously passed. that the proposal be accepted and the Village Manager authorized to execute the same. Upon motion by 43 6-20-72 - 5 Cunningham, seconded by Little and unanimously passed, the following persons were appointed to the Zoning Review Co~nittee, of which Mr. Graham W, Corddry was previously appointed Chairman: Thomas C. Darcy A, L. Hutchison William J. Russell Elroy L. Sandberg The Village Attorney read an Ordinance amending Sections 7B and 8B of the Zoning Ordinance No, 43 to provide that commercial structures shall not exceed two (2) stories and thirty (30) feet in height, unless otherwise permitted by the Village Council after a review and approval of the site and building plans. Cunningham moved, seconded by Frank and unanimously passed that the reading be approved. All Councilmen being present and voting for the Ordinance, Ordinance No. 197 was hereby passed and adopted on first reading. Mayor Russell asked Vice~fayor Barr to provide for himself and other members to interview the various applicants for the Zoning Board of Adjustment so appointments could. be made at the July 1972 Council Meeting. The Village Attorney read a resolution indicating the Villages • compliance with the regulations of the Police Standards Board as is related to the Revenue Sharing Act. Cunningham moved, seconded by Little and unanimously passed that the Resolution No. 3-71/72 be approved. The Village Attorney discussed the necessity of holding a special meeting to issue revenue bonds to the Estate of ~ililliam E. Schlusemeyer, Sr. for acquisition of Plantreat, Inc. pursuant to the terms of the September 21, 1971 Offer and Acceptance Agreement. The bonds are being prepared by Mr. W, C. Goss and effective July 1,1972, excise tax revenue bonds cannot be supported by cigarette taxes pursuant to the ternns of the recently enacted Revenue Sharing Bill. The Village Attorney read an ordinance providing for the call- ing of special Council meetings as required by the new Village Charter. Cunningham moved, seconded by Little and unanimously passed that the reading be approved. All Councilmen being present and voting for the approval of the Ordinance, Ordinance No. 198 was hereby passed and adopted on first reading. The Council then scheduled a special meeting for 8:30 P,M., Friday, June 23, 1972 at the Village Hall for the purpose of a~apraving the issuance of excise tax revenue bonds for the acquisition of Plantreat, Inc. The Village Manager was requested to obtain copies of the invoices covering the costs of the improvements to the plant which had been made by Mr. William E. Schlusemeyer, Sr. The Village Attorney advised it was necessary to adopt a resolution providing an amendment to the Offer and Acceptance Agreement dated September 21, 1971 for the acquisition of Plantreat, Inc, to 44 6-20-?2 - 6 provide that the bonds in the agreement will be issued before July 1, 1972 and payable June 1, 1973 and each June 1 thereafter until fully paid. This is made necessary because the plant improvements have only recently been completed. The Village Attorney read the resolution. Cunningham moved, seconded by Barr and unanimously passed that the Resolution No. 4-7172 be adopted. The Village Attorney advised the Council that it was his opinion that Mr. J. P. Kurtz did not have a complaint against the Village for not providing sewer service to his subdivision on Cypress Drive in Jupiter, but that it should be made with the Schlusemeyer Estate since it was not a part of the reserved taps in the "Offer and Acceptance Agreement" under which the Village agreed to receive Plantreat, Inc. from William E. Schlusemeyer, Sr. Mr. Kurtz said he believed he had a binding contract ~,rith Schlusemeyer, as he had suggested ixi his recent letter to the Village which included letters of approval from the State Health Department requiring the subdivision to be hooked up to Plantreat, Inc. The Council suggested the Sewer Department Consulting Engineer, Anson B. DeWolf be contacted to see if he would permit such additional taus to be made to the sewer system at the present time. The Village Attorney said he would have the new Occupational License Ordinance mrepared for reading at the July and August meetings; that he had not worked on a Water Usage Curtai]ment Ordinance and that • he would prefer to see the proposed. parking regulations be made part of an ordinance providing a Village Traffic Code and will meet with the Village Aianager and Police Chief to work on such an Ordinance. fihe Village Manager mentioned several areas where recent rains ~jere causing drainage problems plus the area on Tequesta Drive between the Shopping Plazas and Councilman Cunningham will pursue these matters. The Village Manager discussed the Police Chief's recent recotnnendation for the hiring of one full time police patrolman at the present time since the new requirements under the Revenue Sharing Act ~.ould have an additional patro]man out for a period of fourteen weeks together with a man on vacation at the same time and would greatly curtail the existing level of police patrolling, The Village Aianager concurred in the request since budgeted funds for the salary are in the current budget due to changes i.n the Department that have occurred since. the beginning of the fiscal year. Cunningham moved, seconded by Frank that the Police Chief and Village Aianager be authorized to hire one additional police patrolman to be effective as soon as he can be hired. It was stated he must meet the new State requirements for police officers. The Aiayor suggested that the Council be thinning of another name to sulmit to the Palm Beach County Legislative Delegation for appointment to the 50 member County Governmental Study Commission since recent publicity indicated that the Village Manager would not be one of the members appointed. 45 6-20-72 - 7 Mayor Russell advise. that the Zoning Ordinance Review Committee was considering some strong changes especially in the R-3 District and asked the Village Attorney if a building moratorium could be put into effect. The Village Attorney briefly discussed the question and will look into the matter and advise the Council of his opinion in this regard. The Village Manager was asked to write a letter to the District Engineer, Department of Transportation, urging the construction of I-95 north of PGA Boulevard at a location easily accessible to the motorists of our area. Mayor Russell advised that COG was beginning to work on a uniform Civil Defense Program for the area through the efforts of Mr. Butterfield, the Village Civil Defense Director. Nir. Robert Sylvester spoke of trash such as old furniture, stoves, refrigerators, etc, being dtunped on private property east of Old Dixie Highway near the Maule concrete plant and near the Well Field and Cable TV tower site. He suggested posting "No Dumping~~ signs and the Village Attorney advised that to do this would require fencing in of the properties. Since it was private property, the owners should post it. This matter will be further looked into by the Village Attorney and Village Manager. The Village Attorney and Village Clerk read an Ordinance prohibiting loud and unnecessary noises. Cunningham moved, seconded by Little and unanimously passed that the reading be approved. A11 Councilmen being present and voting for approval of the Ordinance, Ordinance No. 199 was hereby passed and. adopted on first reading, There being no further business, the meeting was duly adjourned at 11:55 P.M. Respectfully submitted, .-1~=- obert Harp Clerk 4ti