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HomeMy WebLinkAboutMinutes_Regular_4/26/1983 MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA April 26, 1983 • A meeting was held by the Village Council of the Village of Tequesta, Florida at 7:44 P.M. , Tuesday, April 26, 1983 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Beddow, Brown, Little, Stoddard and Wagar. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk, tt-Lad ; -sBuild ng Official-Frank Flannery, Chief of Police and John C. Randolph; Vill e Attorne-y-: The opening Prayer and Pledge of Allegiance to the Flag was given by Vice-Mayor Beddow. Mayor Stoddard made the following changes to the agenda: add lb(1) Tequesta Park add lj. Robert Joslin, President TAVT add 2b. Report from Martin County Commission Meeting • add 2c. Rinker Agreement add ;.2d. Water Franchise for annexation purposes add 2e. Amendment to parking lot commerical zoning requirements add 2f. Maintenance of Dover Road Ditdh add 2g. Trial date for Woodard Tire add 2h. Palm Beach & Tequesta law suit fee add 3b. Post Office add 3c. Road Striping add 3d. . $1,485. Connection Charge to Jupiter Island la. The first item under "Time for Visitors" was the tentative approval of the Final Plat for Chapel Court Section I. Mr. Mel Kirk, P.E. was present to answer any questions the Council may have on Chapel Court. Mr. Kirk told Council that at first the owner of the land was only going to develop the first ten lots, but has now decided to go all the way. There will be a total of twenty-six (26) lots, numbers 1 through 18 and 31 through 38. Mr. Kirk also ran down the list of items and the cost of same that the required bond would be based on. The total amount requiring cash, bond or irrevocable letter of credit was $146,649.20. Mr. Kirk reviewed with Council the retention/detention pond. Council was concerned with the maintenance of the pond and who would take care of maintaining it. Brown reminded Council that prior discussion with the previous owners of the subdivision indicated their agreement that the subdivision homeowners association would provide for the mowing and maintenance of the area. The Village Attorney advised Council that this should be written into the homeowners agreement that they should maintain the retention/detention area and if they fail to do so then the Village could do it and bill the Association. 04-26-83 -02 Little moved, "that we approve the Final Plat with the six provisos that are included in the Village Manager's memo of April 21, 1983 (memo is attached and has become part of these minutes) and that the park money now in escrow be given to the Village upon execution of the final plat, that they (developer) obtain permits from Martin County and Palm Beach County for installation of water mains across County Line Road and that an agreement be made with the Homeowners Association that they would provide for maintenance of the retention/detention pond and if not the Village could maintain it and bill the Association". Beddow seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for • and therefore the motion was passed and adopted. ld. Mr. Frank Ryan, Jupiter Island Beach Company, Inc. asked if he ld. could be next on the agenda lb. instead of ld. because he had a plane to catch very soon and Council approved. Mr. Ryan, told Council that he was. asked by the Village Manager to appear before Council to answer questions Council may have on the recent news items pertaining to Mr. Ryan's water company and the proposed sale of the water company to residents of Jupiter Island on the system. Mr. Ryan told Council that at a meeting held between . himself and Jupiter Island residents on the system there was a committee appointed to research what could be done towards raising the funds to main- tain the system, but that he had no intention of selling the system. Mr.. Ryan said that all the people involved in this system are happy with the agreement between Tequesta and Jupiter Island Beach, Co. that Tequesta would supply them with treated water. The committee told Mr. Ryan that they do not want to get involved in a non-profit organization nor did they want to own a water system. It was pointed out to Council by Mr. Ryan that the water system and company now in existence does meet State standard but the water is far from being excellent water and if the residents don't want to do anything to improve the system then it is up to the people. When asked by Council how soon should the Village expect to have the Jupiter Island Beach Company connect to the Village's system, Mr. Ryan told Council as soon as the money situation could be resolved. Little asked Mr. Ryan if he really does want our water, Mr. Ryan replied, "absolutely". • lb. The next item on the agenda was the discussion of ambulance dispatch lb. by Village Police Department. Chief Flannery told Council that the biggest problem the Police Department has dispatching the ambulances is the back- up crew. If a second ambulance is needed then telephone calls have to be made to the volunteers homes until the Police Department dispatcher gets enough people to run the ambulance. There have been requests made to Mr. Bud Smith, North County Ambulance, Inc. , to form a second back-up crew, but apparently there is not enough people to be on the back-up list. Beddow asked how often . this type of situation arises where there is a back-up crew needed and the Chief told him it happens frequently. Council talked about the services being provided to other areas outside Tequesta. If the service was turned over to E.M.S. would it cost anything, asked Beddow. chief Flannery said he didn't believe so, because 04-26-83 -03 • it was supported by County taxes. Chief Flannery said that the ambulance had one of two choices, the first choice was to have the tools and man power to do the job properly or the second choice is to have the dispatching handled by someone else. The Chief told Council that if it was the desire of the Council that the Village continue to do the dispatching for this area, but to obtain additional help and equipment to be paid for by the other entities then the approximate cost would be $1,700. for two (2) new lines, $230. installation of the two (2) lines, $107. monthly service charge for the new lines and $35,000. for two (2) additional dispatchers and their benefits. Little said he believes that all demands for services are getting bigger in Tequesta, not only for the ambulance service but for the Police Department as well, and does not believe the ambulance service should be sacrificed because of the increase of activities within Tequesta. Mr. Bud Smith N.C.A. , Inc. told Council that there were indeed problems with getting back-up crews, but they are working on that problem. He also said they could work out the problems with the telephone but N.C.A. is not in a position to hire another paid person. Mayor Stoddard said if it were the wish of the Village Council and the Village Manager that he would take his proposal to C.O.G. to have them address the problem. Mayor Stoddard told Mr. Smith that due to the lengthy agenda there was not time to hear the history of the N.C.A. , Inc. but would the N.C.A. , Inc. work again with Chief Flannery on this problem. Both Mr. Smith and Chief Flannery agreed that they would continue working on this problem. lb(1) Mayor Stoddard gave out his, "Report to the Loxahatchee Council of lb(1 Governments, (Tequesta Park)", dated May 4, 1983, to Council which listed Tequesta's capital expenditure and operating cost for the past 10 years and the total registrations for the past year. The report also listed the cost allocations of operating and maintaining the park for 1983-84 fiscal year to each surrounding governmental entity. Stoddard said that this will be an agendaed item for the C.O.G. Meeting. Wagar moved, "approval of the taking of the proposal of cost sharing to the C.O.G. , May 4, 1983 Meeting". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for • and therefore the motion was passed and adopted. lc. Chief Flannery informed Council that there had been three (3) people ic. cited for false alarm violations and they will be at the next Council Meeting. le. Beddow moved, "the approval of the Site Plan Review (Chapel Court le. Subdivision Developer's Sign)". Little seconded and vote on the motion was: • 04-26-83 -04 Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lf. Beddow moved, "the approval of the Site Plan (Barnett Bank 24 Hour • lf. Automatic Teller Machine, Signage and internal alterations) in all areas". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adotped. 1g. Beddow moved, "the approval of the Site Plan (Community Federal 1g. Savings & Loan Association Automatic Teller Machine)". Wagar seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lh. Beddow moved, "the approval of the Site Plan Review (WILCOX, Inc. , lh. Realtor sign) with the color as submitted green with black shade". Little seconded and vote on the motion was: Beddow -for Brown -for Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. lj. The next item on the agenda was Robert Joslin, President Tequesta lj. Association of Voters and Taxpayers. Mr. Joslin said that the Tequesta Association of Voters and Taxpayers are embarking ona new program with the Village Council. ,That new program is a "New Letter" that will be sent to all members of the Association bringing them uptodate on what Council is doing. He told Council that this is a good way to reach the voters and inform them on things like the annexation of surrounding areas. Mayor Stoddard told Council that a member of the Annexation Committee had been contacted by a member of the Bermuda Terrace Homeowners Association to say that Bermuda Terrace was interested in annexing. into Tequesta. 04-26-83 -05 The newest member of the Annexation Committee, Mr. Larsen was introduced :to:.Council. 2a. The next item on the agenda was an Ordinance relating to Charitable 2a. Solicita.ion. The Village Attorney told Council that he did not change the original ordinance that had been presented to them at the last meeting because in his opinion everyone has to be treated the same or the Ordinance could be challenged. Council said they were concerned with this Ordinance because it' would hinder their neighbors who go around and collect on their • street for non-profit organization like the Cancer Society, M.D.A. , etc. If people had to get permits to do this then people would not volunteer. The Village Attorney reminded Council that they should adopt an ordinance relating to charitable solicitation and in his opinion this is the best that could be adopted without leaving the Village open to challenge. Beddow moved, "to table until the next meeting". Brown seconded and vote on the motion was: Beddow -for Brown -for . Little -for Stoddard -for Wagar -for and therefore the motion was passed and adopted. 2h. The Village Attorney told Council that a "Motion to Appeal" had 2h. " been filed in the lawsuit by the Florida Consumer Federation against the Village. . 2b. The Village Attorney reported that Martin County .Commissioners 2b, had a meeting today and on their agenda was the consideration of abandonment of Turtle Creek roads. The Village Attorney announced that the Martin County Commissioners voted 3-2 against the abandonment. 2c. The Village Attorney told Council thast he had heard from Bill 2c. Payne, Rinker Material, Inc. and the agreement from Rinker Material, Inc. will be completed within the next couple of days. 2d. The Village.Attorney informed Council that he has contacted several 2d. towns in regard to the way they handle servicing of water to annex certain areas and he would like to have something ready for the next Council Meeting. 2e.. The next item on the agenda was the parking lots maintenance. 2e. The Village Attorney said that he has received a letter from the Village • Manager asking about the Village's ability to make parking lots come into conformity. . The Village Attorney recommended that the Village of Tequesta amend the Zoning Ordinance to provide that by 1990 all non-conforming parking lots have to come into conformity. Little suggested that the Village close off the entrance at Lighthouse Plaza for health and safety sake because of the bad pot holes. The Attorney told Council that the Building Department should contact the people in violation and tell them they need to repair the area and bring the • shopping center up to par. • 04-26-83 -06 • 2f. ' Mayor Stoddard said that the has been asked by C.O.G. to put down 2f. on paper what the Village's agreement is on the maintenance of the Dover Road ditch with Jupiter. . • 2g. The Village Attorney informed Council that the Docket Call for 2g. Woodard vs. Village of Tequesta is May 20, 1983 and at that time he will know approximately when the court date will be. It may be the following week, he told Council. 3a. The next item on the agenda was the report on the tax base for Beach Road in relation to Police Patrol. Stoddard told Council that this was brought up because the Beach Road Association was concerned about their amount of police patrol with their large tax base. Councilmembers Little and Beddow told Mayor Stoddard that they hoped Beach Road Association was not trying to say that because they pay a large amount of taxes that they should-receive a greater amount of service than other areas of the Village because that is not the way government works. Beddow said that if the Association was saying that they felt they were being discriminated against by the lack of service that was one thing but not because they have a large tax base. Stoddard told Council that it did look as though they were averaging out pretty well. Ken Rearnes, Beach Road resident, told Council they are not asking for preferential treatment, but all they were trying to find out is if they were in the ball park for service. He said they have noticed that • in the past week since they have had the talk with the Police Chief they have noticed more patrol on Beach Road. Beddow told the residents that the solution to' the problem of policing Beach Road is to annex up to the Martin County line. . • Mayor Stoddard told Council. that . Dick Feeney, North County Annex Administrator for Palm Beach County, wanted the Village of Tequesta • to know that Commissioner Evatt feels if it is in the interest of Tequesta to annex the property west of Tequesta , on Beach Road, before Tequesta annexs Jupiter Island Park '::and they would consider it. The Village Attorney is to pursue this matter with the County Attorney. • Mayor Stoddard informed Council that he found out that the Postal Service has no intention of doing away with the Post Office in Tequesta. • Little suggested that the Village Manager contact U.S. Representative Tom . • Lewis and U.S. Representative Dan Mica about the Post Office and maybe they could expedite this. Council agreed to give it a shot. • 3c. The Village Manager had sent Council a notice on the striping and 3c. pavement marking of :five (5) areas in Tequesta. The Village has asked the Palm Beach County Engineering Department if they would stripe and mark • pavement on a reimbursable basis. Estimated total cost of the five (5) areas without center line delineation to be $3,600. and with delineation it is $4,500. Beddow moved, "that the 'striping and pavement marking be done by the County on a reimbursable basis for actual material and labor cost with delineation in the amount of $4,500.". Brown seconded and vote on the motion was: • Beddow -for Brown -for Little -for Stoddard -for Wagar -for 04-26-83 -07 • and therefore the motion was passed and adopted. • 3d. The next item on the agenda was the $1,485. Capital Improvement 3d. Charges for Jupiter Island. The Village Manager had sent Council a memorandum asking for direction on the final cost figures for the separate capital improvement funds to the water system. related to the improvements for the users on Jupiter Island being reviewed and a revised unit charge being adopted. Council felt they were not ready to approve any review and that things should stay the way they are. • 4a. , The minutes of the June 25, 1982 Council Meeting, July 13, 1982 4a. , b,c, Site Plan Review, ..'Jui_y:.1'3, :..1982 Council.Meeting_(with co.rre.c.tions.)... . b,c d,e, July 20, 1982 Special Council Meeting, August 24, 1982 Council Meeting d,E f. and the minutes of the April 12, 1983 Council Meeting (with corrections) f. were all received. • • 4g. . The Village Manager's Report for April 11-22, 1983, the Village 4g. h,i. Financial Statement for March 1983 and the Water Department Financial Statement h, • "for March 1983 were all received. 5a. Mayor Stoddard passed out a chart he had received from the Palter:.. 5a. Beach County Municipal League on the local option gas tax and told Council that it looked like Palm Beach County is looking at a 2% local option gas tax. • 5b. Brown told Council that Tequesta should consider giving some • 5b. kind of support, where it applies, to inlet dredging for this area. Stoddard informed Council that Cal Christian, Executive Director for C.O.G. is going to represent Tequesta in Tallahassee for beach restoration. Stoddard gave out a sheet he had entitled "Council Advisors" listing the Councilmembers names and his suggestions for them being advisors to Council. Council said that this was okay to have, but if there was any item that they were concerned with outside these suggestions they were sure they would let the rest of Council know. • The' meeting was adjourned at 11:05 P.M. . • - 2&2je)----.621-645f Cyrese olbert Date Approved • • Thomas J. Beddow William E. Wagar Lee M. Brown Thomas J. Little Carlton D. Stoddard •