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HomeMy WebLinkAboutMinutes_Regular_10/21/1969M<AIUES OF '~'t~:~ ~~:i;tl~G OF THE COUIdCIIMEN OF THE `JILL~GE OF TEQUESTA, FLORIDA The regular monthly meeting of the Councilmen of the Village of Tequesta, Florida, was held commencing at 5:19 P.M., Tuesday, October 21, 1969, at the Village Nall, 357 Tequesta Drive. Counci Lnen present were: Messrs, Sylvester, Bowden and Cunningham. Also present were Robert Harp, Village Manager and Clerk and ~~?illiam A. Lord Village Attorney. The meeting was opened Frith prayer and the pledge of allegiance to the flag by Councilman Bowden. Mayor Sylvester i~elcomed a large group of high school students to the meeting. Mayor Sylvester reported a letter of resignation had been re- ceived from Mr. Ellis Aa Simmons, Councilman-First Ward, due to his not being a free-holder when elected. The letter stated this condition had been corrected and he would be ~:°illing to serve the Village as a Council- n~,n if the Council should reappoint him. Cunningham moved, second by Eo~:~.en and passed that rir. Simmons resignation be accepted. Cunningham moved, second by Sylvester that Mr. Ellis A. Simons be appointed Councilman-First ?:'ard until the next General Election, A~larch 17, 1970. Councilman Bo~.den questioned Mr. Simmons about his ne~a free-holder status; how he made his application ~ r the office, etc. • A~ayor Sylvester called for the vote on the motion crhich was: Cunningham - For the Motion Sylvester - For the Motion Bo~~~den - Against the Motion Mr. Simmons was thereby appointed to the office of Councilman-First Ward anc~. the Village Clerk gave the Oath of Office to Mr. Simmons and he was duly seated as Councilrna.n-first ~~?ard. Mayor Sylvester read a letter of resignation from Nir. Carl L. Long which was necessitated by the fact that Mr Long has sold his pro- perty and was no longer the owner of property in the Village. The letter stated this condition had been corrected. Cunningham moved, second by Eon-rden and passed that Mr. T.ong~s resignation be accepted. Cunningham moved, second by Eo~;~den and unanimously passed that A~Ir. Carl L. Long be appointed Councilman-Second lard until the next General Llection, March 17, 1970. Mr. Long was thereby appointed to the office of CounciLna.n-Second [Ward and the Village Clerk gave the Oath of Office to Mr. Long and he ~,~as duly seated as Councilman-Second ~~'ard. Upon motion by Bowden, second by Cunningham and passed, the reac'ing of the minutes of the previous meeting ~~.-as ~.~aived. Councilman Bo~:rlen asked the Village Clerk to read the first paragraph on page 2 of the minutes of the September 16, 1969, meeting. -1- 2 - 10--21-69 Bo~:xden moved, second by Cunningham and passed that the detailed 'reading of the financial statement for the month of September be t~aived. 'The Village Manager recapped the receipts and disbursements for the twelve (12) month period ending September 30, 1969. The financial statement and disbursements for September, 1969, trere approved. Balances on hand were as follo~:~s First Bank of 3upiter/Tequesta $12,272.85 Petty Cash 25.00 Community Federal Savings and Loan 14,046.86 Fidelity Federal Savings and Loan 14.488.91 0.833.62 Account balances a:ere as fo11oE,~s: Operating Account $35,800.62 Petty Cash .;5.00 Developers Security Deposit _ S.OOc~.00 40:.833.62 The Sinking Fund Balance for payment of principal and interest on the Village Hall bonds was $15,216_____28. The ~~later Department financial statement for the nine (9) months ended September 30, 1969, sho~.Ted Iota 1 revenues of $163,582.70; total • expenses of $42,237.48 and debt service requirements of $100,763.69. The Village Manager presented his report covering activities during the month of September, 1969. Building statistics for September, 1969, ~:~ere September 1969 No. V~l~ion 31 (15 Houses) $770,780, L~s~Near 37 (16 Houses) $501,830. Y?,~r ~ '~ No_ VaJ.uation 390 (129 Houses) $7,438,357. 352 (91 Houses) $3,219.241. The Village Manager also presented his annual report covering the highlights of Village activities during the year. Police Chief Dusenbery presented the Police Department and Civil Aefense Reports for the month of September, 1969, and also presented annual reports for each Department. Mayor Sylvester reported on a letter from the Commissioners of Jupiter Inlet District have scheduled a public meeting for 8:00 P.M., ~~ednesday, l~ovember 19, 1969, in the Village of Tequesta Village Hall at t~rhich time Dr. Dean of the University of Florida will report the results of their comprehensive investigation made of the problems of the Jupiter Inlet, Counci]man Cunningham reported that COG wa.s definitely a defunct organization and a letter had been written to the Chamber of Coaanerce sug- gesting that if such an organization is to function properly, elected offi- cials should not be a part of the organization. -2- 3 - 10-21-69 Councilman Borden stated he believed that the Council should agree that the vote on the millage and budget at the September Council rneeting was illega 1. He stated the presented budget showed only 3.54 - mills but ti;~,s advised that this ~b~,s a net amount after provision for a 4~ discount for prompt payment. Bo~:~den stated he believed the 1969 millage rate should be 3 mills and could still provide adequate funds including $10,000.00 for drainage and roads; $2,500.00 for recreation and $2,000.00 for beautification. Bowden moved that the 1969 tax millage rate be 3 mills. Mayor Sylvester called fora second to the motion three times, and there being none, the motion died for lack of a second. Mayor Sylvester then directed the 1969 tax bills to be prepared at the ~' mill rate. Attorney t.~~illiam A. Lord stated the cable television project consisted of four parts he desired to discuss ~:~ith the Council: 1. Franchise Ordinance. 2. Purchase and Sale Agreement for ten acres of t~~ell Field Site. 3. Mr. John Perry~s personal guarantee. 4. Broclck~,y, Owen and I~nderson Engineers, Inc. easement sketch. The Village Manager advised that a $5,000.00 deposit had been received from Palm Beach Cable Television Company for purchase of the ten acres of taell field site. Mr. Maas, attorney :nor Pa]m Beach Cable Television Company requested the Council to use urgency in their actions to complete the cable television deal. • Attorney Lord read Mr. Perry-s personal guarantee and the Council 'was assured by Mr. Maas and Mr. Gilchrest that Mr~ Perry would sign the guarantee, Attorney, Lord then exxplained the purchase and sale agreement for the ten acre well field site. Cunningham moved, second by Bowden and unanimously passed that the purchase and sale agreement and Mr. Perry~s persona 1 guarantee be approved and that the Mayor and Village Clerk be, and are hereby authorized to do all things necessary to complete the transaction for the sale of the ten acre taell field tract to Palm Feach Cable Television Company. Attorney Lord and Village Manager read an ordinance of the Village of Tequesta, Florida, granting to Palm Beach Cable Television Company, a non-exclusive franchise to use the public streets, higk~iaays, alleys and easements of the Village of Tequesta for the purpose of erecting, ,constructing, maintaining and operating a community antenna television system thereon and thereunder. Cunningham moved, second by Bowden and unanimously passed that the reading of the ordinance be approved. All Councilmen being present and voting for the ordinance, Ordinance No. 155 granting a non-exclusive franchise fora cable television system in the Village of Tequesta to Palm Beach Cable Television Company, was thereby passed and adopted on first reading. R•ir. Gilcrest, Vice-President of Pala Beach Cable Television Company, thanked the Council and stated he . t:-ould commence work tomorrow morning to e.:pedite the construction of the .system for the Village of Tequesta. Cunningham moved, second by Bo~~r~en and unanimously passed that the Mayor and Village Clerk be authorized to sign and execute the State of -J- ~?~ - 10-21-69 Florida, Department of Transportation City Utility Agreement for eater main relocations, etc. in State I'.oad No. 5 (U. S. High~~~.y No. 1) being rau,de necessary due to proposed improvements to the high~•ray between State Road 707 and the Martin County Line. Mr. i~Tilliam J. Taylor reported to the Council on the COG Recrea- tion Committees reports on the subject stating the group F,ra,s still active and hopeful of being able to start t;ork on an area recreation program in the very near future. Mr. Taylor stated he believed a professional re- creation director is needed and the costs would have to be underwritten by the various communities until the program gets underway. He also suggested that the Village Attorney assist the group along i,-ith Mr. idilliant S. GJood, attorney for Jupiter and Jupiter Inlet Colony, in forming a legal entity for the group so they could receive and disburse funds. Mr. Lord said he would be glad to assist in this capacity. Long moved, second by Simmons and unanimously passed that Mr. "~1i11ian J. Taylor be the Village of Tequesta's representative on the Area Recreation Conunittee. Village Attorney Lord discussed the suit filed against the Village and ten (10) other municipalities of Pa]m Beach County, by David i. Reid, l'alrn Beach County Tax Assessor and C. B. 1~IcGehee, Palm Beach County Tax Collector for not entering into an agreerient for assessing and collecting of municipal taxes as required by Chapter 69-54 Lags of Florida. It was Attorney Lord's opinion that the ]aw is wrong and unconstitutional. Cunningham moved, second by Long that the Village Attorney be authorized to contest the suit. The vote on the motion was: • Cunningham Long Simmons Sylvester Bot~rden - For the Motion - For the Motion - For the Motion - For the Motion - Against the Motion The motion was thereby passed 4-1. Attorney Lord then suggested to the Council that they consider holding a Public Hearing to amend the Village Zoning Ordinance to limit the sale of gasoline only on U. S. &Iighway ~Io. 1 and to clarify the defini- tion of service station and filling stations. The Council authorized him to pursue the t~a.tter so the zoning ordinance ca,n be amended. Attorney Lord advised and reminded the Council that another Public Hearing would be required to consider the zoning classification ,for the t~to parcels of land ~t~hich the Council did not zone following the public hearing tonight. He reminded the Council that all property anne;:ed to the Village is automatically zoned R-I Single Family Dwelling C1a,ssi- fication but the Village Council must hold a public hearing within 120 days of annexation to determine the zoning classification for the property. Attorney Lord then discussed the further matters to be considerec' .with cable television now that the franchise had been granted: S 1. Intention to c]ose for sale of 10 acres of well field site to Palm Beach Cable Television Company and payment in full to Thomas H. and Helen Louise Simmons for 10 acres simultane- ous ly. -~ - ~ - 10-21-69 2. Annexation of the property to the Village. . 3. Public Hearing to deterr.~ine the zoning cla,ssifica,tion for the property. The Council set 7:30 P.M., Friday, October 31, 1969, as the time and date fora Special Council Meeting to consider and discuss: 1. Ordinance annexing z~ell field site to the Village. 2. Amending zoning ordinance to permit sale of gasoline only on U. S. No. 1 and clarify definition of service stations and filling stations. ~ 3. Pension Trust Agreernemt. The Village Manager reported the receipt of the following bids for a 1970 Police Car: Roger Dean Chevrolet $2,577.72 Florida Chrysler-Plynouth, Inc. 2,704.08 .Dick McCulley Ford 2,619.13 The Village Manager and Police Chief recor~anended the purchase of the car from Tuck McCulley Ford. Bo~~~den moved, second by Long and unanimously passed that the Village Ma,r~~ger be authorized to purchase a 1970 Police Sedan from hick McCulley Ford at a cost of $2,619.13. Bowden moved, second by Cunningham and passed that October 31, • 1969, be UNICEF DA3~ in the Village or Tequesta . The Village Manager reported the receipt of a traffic study made by the State Department of Transportation for the intersection of State Road 5 (U.S. Highway No. 1) and Bridge Road. Based upon the study, the ~Tillage~s request fora semi-act~,ted traffic control signal at the in- tersection ~~as denied. A letter of appreciation and thanks from Village resident A. W. Dutterfield for the fine service of the Police Department during his recent serious heart attack t:*as read. The Village Manager reported that the proposed improvements to State Ttoad 5 (U.S. Highway No. 1) would necessitate the removal of existing support poles for the traffic signals and possibly the State would require a different type of signalization. The Village Manager discussed proposed insurance coverages for the Auxiliary Police Force. A list of advantages and disadvantages for annexation was de- ferred until it could be discussed at the November workshop meeting. The Council approved the Jayceets request to hold their annual Christmas Parade, Saturday, December 2G, or Sunday, December 21, in event • of rain. The Village Manager advised the Council of the receipt of a letter from the Town of West Palm Beach inquiring into various County services Vahich were or were not being provided for the municipa lities and suggesting worI;ing to equalize distribution os° County Taxes paid by residents of munici-. palities. -~- 6 - 10-21-69 Mr. t~'illiam N. Shannon of later<<ray Village wanted to discuss drainage of Village Square Shopping Center and agreed to attend the November `~rorkshop meeting to further discuss the r:~,tter. Mr. Paul Thomson engaged the Council in a discussion of signs and the Sign Ordinance requesting that all signs be ordered to comply with the existing Sign Ordinance and that the ordinance be reviewed and possi- 'oly re-written. Mr. Leroy Feiss actively pursued the fact that he was discriminated against arhen he had to taIce down his sign on Cypress Drive and other signs were not objected to or requested to be removed. Mr. Thomson also named various signs possibly in conflict with-the existing ordinance even if esthetically nice. After a considerable amount of 'discussion, Cunningham moved, second by Long that the signs in question be ', permitted to remain until the Sign Ordin~,.nce can be reviewed. Mr. Simmons stated he believed alI signs in violation should be removed to conform to ,the ordinance. Mayor Sylvester suggested he refrain fron- voting on the motion since he was part owner of a business whose sign was in q~-iestion, but Mr. Thomson stated that he believed various Country Club sig:~s would place the Councilmen from the I~rst I~~~arci in the same situation. Mayor ,Sylvester called for the vote on the motion which was: Cunningham - For the Motion Long - For the Niofcion '' Sylvester - For the Potion Bowden - Against the Motion Simmons - Against the Motion ',The motion F~as passed 3-2. Mayor Sylvester then appointed the following persons to a com- ',mittee to study a Sign Ordinance: Leroy I.~eiss ', Paui Thomson Joseph Blizzard Gordon Swenson There being no further busines, the mectir~g was ad jour~ied at ',11:32 P.M. ~iespectfully Submitted, o e rp Village Cler • -6-