HomeMy WebLinkAboutMinutes_Regular_08/17/1971MINUTES OF THE MEETING OF THE COUNCILMEN OF
THE VILLAGE OF TEQUESTA, FLORIDA
The Eegular Monthly Meeting of the Councilmen of the Village
of Tequesta was held at 8:00 P.M., Tuesday, August 17, 1971 ai; the
Village Hall. Councilmen present were: Messrs. Sylvester, Barr, Russell,
Cunningham and Little. Also present were Robert Harp, Village Manager
and Clerk and Christopher H. Cook, Village Attorney.
The rr.eeting was opened with Prayer and the Pledge o:~ Allegiance
to the Flag by Councilman Russell.
Upon motion by Cunningham, seconded by Barr and unaaiimously
passed, the minutes of the July 20, 1971 Council Meeting were approved.
The Village Manager recapped the receipts awl. disbu~^sements
for the ten (1C) month period ended July 31, 1971. Balances on hand
were:
First Bank Fa Trust Co. Jupiter/Tequesta
Petty Cash
Coauaunity Federal Savings and Loan
Fidelity Federal Savings and Loan
• Certificates of Deposit
Account Suauna.ry:
Operating Account
Petty Cash
$ 1?,035.66
2 ~ . OD
20,440.1?
15,770.17
20.000.00
$ ?3.27:x.00
$ 73,24F;.00
25.00
$ 73.27_.00
The Sinking Fund balance for payment of principal artd interest
on the Village Hall Bonds and bonds far purchase of the land east of
the Village Hall was $29 L516.87. The Water Department Financ~.al Report
for the month of July was not complete at meeting time.
The Village Manager presented his report for the morith of
July 1971. Building statistics were:
July 1971 Year to Date
No. Valuation No. Valuation
28 (9 houses) 351,485. 300 62 houses) 7,,786,742.
Last Year
14 (2 houses) $ 57,085. 272 (60 houses) $ 2,90,561.
50
2 - 8-17-7I
Councilman Barr suggested. the last word in item Z of the repox^t be
changed to "operation" and item 23 to state "County Approval and Code"
had been given to the product. Councilman Russell suggested note be
made for 1972/73 budget consideration to give further analysis to list
of contributions. This is to review same in relation to their. sharing
in the proceeds from the Jupiter-Tequesta Cozmnunity Fund Association.
Mayor Sylvester introduced Building Inspector Alvin W.
Butterfield. Mayor Sylvester then presented a Certificate of Appreciation
"in absentia° to Mr. and Mrs. William E. Schlusemeyer for their donation
of land to the North County First Aid Squad, Inc. and recited various
contributions they had made to the Village, the general area rind various
local organizations. Mayor Sylvester suggested the Water Department
Engineers pursue looking into new sources of supply for water for the
Water Department. Mayor Sylvester stated he understood that ~;he Ciuci
property had recently been sold and that the previously discussed
annexation of the property had been dropped.
Police Chief Dusenbery presented the Police Department and
Civil Defense reports for the month of July 1971. The reports included
a report on the number of hours worked on the various Police Deg~rrtment
activities. He also discussed a sound study he had made to be used in
conjunction with a sound ordinance and the matter will be fur~~her
discussed at a Workshop Meeting. Councilman Barr said noise complaints
• seem to be what he is apprised of most.
Councilman Little said he was going to visit the City of Boca
Raton to observe and discuss with them their recently installed bicycle
paths.
Councilman Cunningham asked about the progress of tkie Tequesta
Drive four laving project and stated he was working on a study of "Yard
Trash" pick-up to be done by the Vila ge.
Councilman Russell stated the Village was continuing to urge
representatives of Palm Beach and Martin Counties to pursue the East-
West Connector Road.
Councilman Barr passed out copies of the "Wastewater Treatment
Plant Report of Plantreat, Inc." which he had recently received from
Gee f~ Jensen, to each Councilman. He briefly reviewed the contents of
the report and said it would be considered by the Sewage Comanittee and
they would prof-ably make a reeouanendation on same to the Village Council.
The next item for consideration was the Budget for the fiscal
year commencing, October 1, 1971. The Councilmen had each rec~:ived a
final revised copy of the Budget following the Workshop discu:~sion.
The budget was based on a tax rate of three (3) mills, a mill less than
last year. The total budget amounted to $462,480, with provisions for
four-laving Tequesta Drive between 01d Dixie Highway and U. S. Highway
No. 1, including signalization, bicycle paths, down payment for recreation
51
3 - 8-17-7I
• ark land
p purchases, merit pay increases for Village personnel, one new
police patrolman and other general operating expenses. Russel moved,
seconded by Cunningham that the Budget as presented be adopted. Mr.
Harold Garret voiced his opposition to the construction of bicycle paths
and suggested the Village sell the land east of the Village H.111 to
provide additional funds. Mr. Gene Loeffler suggested more enphasis and
funds should be provided for recreation Land purchase. Mr. Miles Kadlec
suggested. the Proposed bicycle path be called a walking path to avoid
confusion. Mr. A. L. Hutchison advised that the Beach Road A.~sociation
had passed a resolution urging the Council to postpone definite action
on-the four-laving of Tequesta Drive until further study for the necessity
of same had been made. Others in the audience voiced the same opinion.
The Council stated the Planners and Palm Beach County Enginee8°ing ,-
Department were in agreement that the project should be done aiow and the
Council was trying to anticipate future problems that might ox could
develop because of the proximity of the two large shopping centers in
the area. Mr. Blizzard called the Councils attention to a passible
drainage problem in the area along Tequesta Drive. Mayor Sylvester
said it was not. a question of spending $58,000. but as good bTasinessmen,
the Council was trying to save money by having the work done aiow and not
delaying until later. Following the discussion, Mayor Sylvester called
for the vote on the motion to adopt the budget and all Counci,_lmen voted
in favor of the budget as presented.
• Upon motion by Russell, seconded by Cunningham and xn+ar~mously
passed, the 1971 millage rate was set at three mills.
The next item for consideration was the proposed Charter.
Attorney Christopher Cook presented the Councilmen with a memorandum
dated August 15', 1971 and drafts of the last few substntive c'~anges to
the Charter noted as sections 2.01; 4.02 (29); 4.03 and 8.05. Section
2.01 had to do with election of Councilmen by Wards. Cunningham moved,
seconded by Barr, that the proposed new Charter provide for t'he election
of Councilmen from at-large. Councilman Little stated he opposed the
at-large method of election and believed the various areas should be
represented. Councilman Russell stated he now favored the at-large
election method. as did Councilman Barr. Mayor Sylvester called for the
vote on the motion to provide in the proposed new Charter that Councilmen
be elected at-7_arge. The motion was passed 4-1 with Little dissenting.
Attorney Cook then discussed his memorandum as concerning annexation,
explaining that Section 4.02 (29) provided for annexation by petition
and need not be contiguous but within the described "natural boundaries".
He pointed out the described natural boundaries on a map. Section 4.03
relates to annfucation of lands in which ten or more residents are
involved and Mr. Cook stated the proposed new Charter cannot expand the
Villages power to annex, therefore this method would have to be the
same as the ex.sting Charter. Mr. E11is A. Simmons asked about the
legality of the method being perused to revise the Charter and Attorney
Cook stated it was his opinion and advise to Council that it was being
done properly. He stated he had discussed the matter with Florida
League of Cities counsel, Ralph Marsicano who had verbally stated our
method was a good one and would confirm his opinion by letter. Mr.
Simmons asked ~.f the Council was considering receiving a formal, numbered
52
4 - 8-1?-71
opinion on the method from the Attorney General. Mr. Cook stated that a
recent memorandum from the Attorney General advising the method for
obtaining an opinion from him put the burden of providing all the necessary
legal data and law upon the person(s) asking for the opinion. The
Village Attorney would have to do the necessary research and prepare the
brief and this would be quite time consuming and probably would be
delayed further until the matter might be acted upon by the Attorney
Generals office. He stated that none of the charters established in
this manner ha~•e been contested in court as yet. Mr. Simunons said an
eminent local attorney had advised that an Attorney Generals opinion
should be obtained as to the legality of this method of revising the
Charter. Mr. Simmons stated his coimnittee was against annexation of
non-contiguous lands and that a recent petition in this regard supported
this stand. Mr;,yor Sylvester asked Mr. Simmons why the cou~nittee was
against annexation of non-contiguous properties. Mr. Barr sa:id some
of the committee members were not against this type of annexation and
that the petition was only presenting one side of the question. Mayor
Sylvester statFxl he believed it was necessary for the area to pgite and
work as a tote]. area in all phases of municipal functions.
Attorney Cook read Section 8.05 which would ban mobile homes
within the Vi1~,age and said this would even include construction trailers
and trailer sales lots.
Cunningham moved, seconded by Russell and unanimously passed
that proposed Charter Sections 4.02, 4.03 (29) and 8.05 as revised be
incorporated into the new Charter.
Mr. Jacob J. Blair suggested Public Hearings before the final
draft but it we.s Councils feeling„that they should be inforn-ative
hearings to disseminate the contents of the Charter. Following more
discussion Russell moved, seconded by Barr and unanimously passed that
the proposed new Charter including the amendments provided fo.r tonight,
be approved any. the Village Attorney prepare the final document in final
form. After much discussion it was decided to have the first public
hearing on the Charter on Monday, November 1, 1971 with further hearings
to be held at latter dates and a referendum date to be set. Several
persons in the audience expressed their agreement and support of the
Village Counci]. particularly with regard to improvements to Tequesta
Drive and Charter Revision.
The Village Attorney advised he would reply to a letter received
from Attorney Millard Wheeler re: former Building Inspector Lou Laliberte.
Barr moved, seconded by Russell and unanimously passed that
Mayor Sylvester be the Villages voting delegate at the Florida League
of Cities Convfnts:on October 24, 25 and 26, 1971.
Councilman Russell stated he believed the Village Council
should advise the Board of the Loxahatchee River Enviromnental Control
District that they are doing a good job under very trying conditions and
should be commended for their efforts and to also advise them. that the
Village is try~.ng to get Governor Askew to speed up the appointrnent of
53
5 - 8-17-71
the Villages Board Member to replace Mr. Swallow. Councilman Russell
moved the above, seconded by Barr and it was unanimously passex:i.
The Village Clerk read an Ordinance providing for an R-3
Multiple Family (High Rise) Dwelling District classification fc~r two
parcels of land on Jupiter Island annexed to the Village under Ordinance
No. 185 and for which a Public Hearing was held tonight. CunxLi_ngham
moved, seconded by Russell and ~uzar?mously passed that the reading of
the Ordinance be apgroved. All Counci]man being present and voting in
favor of the Ordinance, Ordinance No. 186 was thereby passed acid adopted
on First Reading.
The Village Manager advised that Mr, Gilbert T. Brophy had
requested the use of the Village Hall one evening a week for about
10-12 weeks by the Pa]m Beach County Barr Association to hold Free
public forums on legal topics for the residents of the area. 't'he
Council gave their approval for such use.
Mr. Joseph Blizzard complained that he had placed his garbage
at the road and it had not been picked up and was advised the arbage
is picked up by the collector at the house. Mx~ Kennedy from Willow
Road asked if the property owners on Willow Road could plant trees along
Willow Road at their own expense to replace the ficus trees which were
recently removed. Sylvester moved, seconded by Little that the Willow
Road property. owners be allowed to plant an appropriate tree i~z the
• Swale of`Wllow Road. Councilman Cunningham stated he was aga~.nst this
as he considered trees in the swales a safety hazard in the event a car
had to suddenly swerve; swales are for drainage, parking and safety.
Mr. Donato Pescitelli disagreed with Councilman Cunningham. Mayor
Sylvester called for the vote on the motion:
Cunningham - No
Barr - No
Russell - Yes
Sylvester - Yes
Little - Yes
and it was passed. 3-2.
The meeting was adjourned at 11:25 P.M.
Respectfully submitted,
Y't Harp
54