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HomeMy WebLinkAboutMinutes_Regular_03/27/1984 MINUTES OF THE MEETING OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA MARCH 27, 1984 A meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M., Tuesday, March 27, 1984 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Stoddard, Brown, Little, Mapes and Wagar. Also present were Robert Harp, Village Planager and John C. Randolph, Village Attorney. The meeting was opened with Prayer and the Pledge of Allegiance to the Flag by Councilmember Brown. Mayor Stoddard made the following announcements: 1. Welcome of new Councilmembers Elect, W. H. Mapes, Jr. and Arthur R. Murphy 2. That the Board of County Commissioners had granted certifi- cate for ALS to both Fire Control District No. 1 and North • County Ambulance, Inc. through Alay 30, 1985. 3. That the State Supreme Court had ruled that Proposition I (Citizens Choice Amendment) would not be on the November 6, 1984 ballot. 4. That there is to be a Martin County TAC Committee Meeting on Friday, April 5, 1984 and Mayor requested Village Manager to find out where and what time and so advise him. 1) Mayor Stoddard asked the Village Manager to provide the farewell for outgoing Councilmember Thomas J. Little. The Village Manager read from a Certificate of Appreciation and presented same to Little. 2) Mapes moved, seconded by Wagar that the Village Clerk's Certifi- 3) cate of Election indicating the results of the March 13, 1984 General Election be accepted. The vote on the motion was: Mapes For Wagar For Little For Brown For Stoddard For and the motion therefore passed. The Village Manager then gave the Oath of • Office to Carlton D. Stoddard, Councilmember Seat l; W. Harvey Mapes, Jr., Councilmember Seat 3 and Arthur R. Murphy, Councilmember Seat 5 and welcomed them to the Council. 3-27-84 - 2 • 3a) The Village Manager briefly discussed his March 20, 1984 memo- randum pertaining to the Council's appointment of Mayor and Vice-Mayor and Wagar moved, seconded by Brown that the Village Manager act as Chairman for the election of the Village officers. 4a) The Chairman advised that the floor was open for the nomination of persons to serve as the Mayor of the Village of Tequesta for the period March 1984 to March 1985. Wagar nominated Carlton D. Stoddard for the office of Mayor and expressed his reasons for the nomination. The Chairman then asked for any other nominations three times, and there being none, declared the nominations closed and cast a unanimous ballot for Carlton D. Stoddard. Brown nominated W. H. Mapes, Jr. to be Vice-Mayor, but Mapes declined. Stoddard then nominated Arthur R. Murphy to be Vice-Mayor. The Chairman then asked for any other nominations three times, and there being none, declared the nominations closed and cast a unanimous ballot for Arthur R. Murphy. Stoddard nominated W. H. Mapes, Jr. to be Treasurer. The Chairman then asked for any other nominations three times and there being none, declared the nominations closed and cast a unanimous ballot for W. H. Mapes, Jr. Mapes suggested that it was not necessary to elect a Tax Assessor due to the fact that the County Property Appraiser now has that function by State Law. The Councilmembers agreed with this. The Village Manager said • there was still need for a Tax Collector however. Mapes nominated Brown to be Tax Collector. The Chairman then asked if there were any other nominations three times and there being none, declared the nominations closed and cast a unanimous ballot for Lee M. Brocan. 4b) The Village Manager then gave the Oath of Office to the newly elected Village Officials. The Village Manager returned the gavel to Mayor Stoddard to continue the meeting. 4c) The Mayor said the next item for consideration was the approval of depositories and required signatures for various Village funds as set forth in the Village Manager's March 20, 1984 memorandum. Brown asked if there was any change from the current accounts and the Village Manager advised there were not. Stoddard mentioned the combining of some accounts and the Village Manager advised this was being looked into especially in regard to require- ments of the bond indentures. Mapes moved, seconded by Brown that the depositories and signature requirements set forth in the Village Manager's March 20, 1984 memorandum be approved. The vote on the motion was: Mapes For Brown For Murphy For Wagar For Stoddard For and the motion therefore passed. 3-27-84 - 3 • 4d) The next item for consideration was the appointment of other Village personnel. Brown moved, seconded by Murphy that the following Village officers be appointed: Village Manager Robert Harp Village Clerk Cyrese Colbert Village Attorney Firm: Johnston, Sasser, Randolph & Weaver (John C. Randolph) Village Prosecuting Attorney Firm: Johnston, Sasser, Randolph & Weaver (John C. Randolph) Civil Preparedness Director Franklin E. Flan nery The vote on the motion was: Brown For Tlurphy For Stoddard For Mapes For Wagar For and the motion therefore passed. • 4e) The Oath of Office was then administered to the Village Manager by the Village Attorney. 4f) The next item for consideration was the Village Manager's recommend- ations for appointment as department heads. Mapes moved, seconded by Wagar that the Village Manager's recommendations for appointment of department heads be approved as follows: Finance Director Police Chief Building Official Transportation (Maint- enance Supt.) Recreation Director Water Dept. Supt. The vote on the motion was: Mapes Wagar Stoddard Brown Murphy and the motion therefore passed. Bill C. Kascavelis Franklin E. Flannery Scott D. Ladd Curtis S. Sapp Gary Preston James W. Worth For For For For For • 3-27-84 - 4 4g) The next item for consideration was the appointment of the Village's representative to the Loxahatchee Council of Governments (COG) as discussed in the Village Manager's memorandum. Alapes moved, seconded by Wagar that Mayor Carlton D. Stoddard be appointed as the Village representative on the Loxahatchee Council of Governments (COG). The vote on the motion was: Mapes For Wagar For Stoddard For Murphy For Brown For and the motion therefore passed. 5) The Mayor noted Village Attorney's Items were not on the agenda and put the following items on the agenda for this meeting: 5.1a) Coral Cove Parlc Annexation 5.1b) Woodard vs. Village of Tequesta Suit 5.1a) The Village Attorney had supplied the Councilmembers with a copy of his March 27, 1984 letter to the Village Manager with a revised copy of an agreement with the County and Sheriff`s Department for Coral Cove Park. • He noted that paragraph 2g had been modified and paragraph 2h was added. The Village Attorney advised he had discussed the agreement with John Corbett and Dick Morley of Palm Beach County and he is to discuss same with Chip Carlson of the County Attorney's office. He noted the agreement expressed the cooperation between the Village and the County and approval of same is a joint effort. The Village Attorney recommended a workshop meeting with County representatives after he hears back from the County Attorney`s office. 5.1b) The Village Attorney reviewed his March 27, 1984 letter to the Village Manager in regard to the Woodard vs. Village of Tequesta suit settlement. He reviewed his action defending the case in court as to liability of the Village, Village officials and the issuance of a building permit. He noted that the Court's ruling was favorable as to the liability of the Village and its officials but the Court said Woodard was entitled to build the 8 Ball Saloon. He further advised that the Village has filed an appeal, but is striving for a settlement. He said that Woodard did not have a site plan for a proposed building at this time but would not provide a building similar to the 8 Ball Saloon. The Village Attorney reviewed the variances Woodard was requesting: 1) front yard setback of ten (10) feet instead of twenty- five (25) feet and (2) a possible variance of nine (9) required parking spaces. He stated he believed the variances could be a part of the settlement and would not require the Zoning Board of Adjustment to grant such variances. He said Woodard would sign the settlement agreement if it conformed with the terms as set forth in his March 27, 1984 letter. L J 3-27-84 - 5 • The Village Attorney advised that he had talked to the Village's insurance carrier who advised him the Village would be reimbursed for a substantial portion of the $10,769.10 costs and attorney's fees requested by Woodard plus a portion of Village Attorney costs for defending the case, estimated to be $4,500. This wotLld be reimbursed at 50% of costs less the $1,000. deductible. The Village Attorney said he believes it is now time to put the matter behind us or go on with the appeal. Mapes wanted to know if the land evaluation cost study was necessary for Court and the Village Attorney advised that Woodard says this was for expert testimony. Murphy asked how long the matter had been going on,and was advised several years. Wagar said he thought this was a fairly equitable solution. Mapes asked if the Village had enough money to cover this additional expense and the Village Manager said he thought there would be after revising the budget at the end of March 1984. Stoddard said he was happy to hear the other Councilmembers remarks and was also in favor of going forward with the settlement. Mapes moved, seconded by Murphy, that the Village Attorney be authorized to make a settlement with Woodard pursuant to the terms set forth in his March 27, 1984 letter to the Village Manager. Brown suggested that the appeal not be withdrawn until a future date and the Village Attorney said this would not be done until all the documents had been fully executed. The vote on the motion was: Mapes For • Murphy For Stoddard For Brown For Wagar For and the motion therefore passed. 6a) The Mayor advised that the next item for consideration was approval of increasing the offer for purchase of Lot 15, Tequesta Pines for a water main location in conjunction with water system improvements, since the original offer of $16,000 was not accepted. Mapes moved, seconded by Brown that the Village Manager and Village Attorney be authorized to offer Mr. Otto B. DiVosta $18,000. for Lot 15, Tequesta Pines. The vote on the motion was: Mapes For Brown For Stoddard For Wagar For Murphy For and the motion therefore passed. 6b) The next item for consideration was the setting of a workshop meeting date for review of the Planned Residential Development (PRD) and Planned Commercial Development section (PCD) of the Zoning Ordinance. • 3-27-84 - 6 • Mayor Stoddard asked for a feeling of the Councilmembers as to when they preferred to have such workshop meetings. Brown said 3:00 or 3:30 P.M. in the afternoon would be better for him and Mapes said he would prefer not to have them on Monday. The Council then set 3:30 P.M., Thursday, April 5, 1984 in the Village Hall as the first choice for a workshop meeting for review of the PRD and PCD and 3:30 P.M., Wednesday, April 4, 1984 as an alternate date. Stoddard suggested another workshop meeting to discuss revision to Capital Improvement Charges for Jupiter Island and the Village Attorney stated he thought the last meeting had more or less resolved this matter. Mapes suggested the matter be handled at a regular Council Meeting so that official action could be taken if necessary and the Council determined that it would be an agenda item for the April 10, 1984 Council Meeting. Brown requested the Village Attorney to review and advise whether or not there was any reason for the Village to adjust the Capital Improvement Charges for Jupiter Island. Stoddard suggested that Gee & Jenson be asked to give their final opinion in regard to same and the timing for any approved reimbursements. 7a) The Village Manager reviewed his March 21, 1984 memorandum suggest- ing Council authorize for sale the present 1.8 MGD iron removal water plant and 12 Culligan HD36 HiFlo 5 depth filters with controls, piping, etc. It was explained the sale of Village assets required Council`s approval. Brown . moved, seconded by Wagar that the Village Manager be authorized to advertise the sale of the existing 1.8 MGD iron removal water plant and the 12 Culligan filters. The vote on the motion was: Brown For Wagar For Stoddard For Murphy For Mapes For and the motion therefore passed. It was further explained that there might not be any offers and perhaps we might receive some offers to take the equipment for the removal of same. 7b) The next item for consideration was the appointment of an elected official to the Palm Beach County Erosion District Steering Committee and an alternate member who need not be an elected official. Mayor Stoddard turned the gavel over to Vice-Mayor Murphy and discussed the discussions he had had with the County pertaining to this subject. He said Tequesta was cooperating with the County to find a solution to the erosion problem; that Mr. R. W. Clinger had approached him for submitting recommended persons for membership on the Steering Committee and that the Village of Tequesta area had been moved to top priority for this project; that the Broward County Erosion Control District was funded on a Countywide basis, with low millage and that Palm Beach County seemed to be moving in this direction; that the matter needs very careful study and the program needs to be treated seriously and the Village nominees 3-27-84 - 7 • should be carefully selected. He further stated that those selected by the Village Council were not assured of appointment, which was to be done by the Palm Beach County Commissioners. Stoddard moved, seconded by Mapes that Vice-Mayor Arthur R. Murphy be the Village's elected official on the Erosion Prevention District Steering Committee. The vote on the motion was: Stoddard For Mapes For Murphy For Wagar For Brown For U and the motion therefore passed. The Vice-Mayor then returned the gavel to the Mayor. The Mayor then asked if any Councilmember had any recommendations for an alternate member to the Steering Committee. Mapes moved, seconded by Murphy that George Crabtree be recommended as the Village's alternate member on the Steering Committee. The vote on the motion was: Mapes For Murphy For Stoddard For Brown For Wagar For and the motion therefore passed. It was suggested that an alternate to the alternate be selected and Mapes moved, seconded by Murphy that Mr. Kenneth Reames be recommended as the Village's alternate to the alternate member of the Steering Committee. The vote on the motion was: Mapes For Murphy For Stoddard For Brown For Wagar For and the motion therefore passed. The Mayor asked that the Village Manager confirm these selections with Palm Beach County and Jupiter Inlet District. The Mayor advised that he had advised the First United Presbyterian Church of the First Church of Christ Scientist application to Palm Beach County for a special exception to convert an existing residence into a church, said location being across Tequesta Drive from the Church, and requested that the Village Manager notify Whitehall Condominium and Carriage House Apartments about this matter. • 3-27-84 - 8 • 8a) The Mayor asked about the status of the Girvin-Compare property west of the Executive Building and the Village Attorney advised that the Village should not get involved in such a matter. The Mayor said the owners of the Executive Building would like to purchase the property. The minutes of the September 27, 1983 Council Meeting were received. 8b) The minutes of the January 24, 1984 Council Meeting, with a correction to the dates of the conference attended by the Mayor February 2, 3 and 4, 1984, were received. 8c) The minutes of the February 28, 1984 Council Meeting were received. 8d) Several questions were asked about items on the Village Manager's Report - No. 2, No. 30 and No. 44 pertaining to the "Double Taxation Suit". The Village Attorney advised that oral arguments had been made and discovery and interrogatories were now being made by the County in the road and bridge tax suit, but that a date had not been set for trial. Mapes asked about progress that Jupiter Island Beach Company was making towards hooking up to the Village's water system, and the Village Manager advised that the Village had executed the application. Mapes said the Village deserves to receive some compensation for the delay. The Mayor mentioned that he had heard mention of a possible temporary hook-up which was not desirable. Mapes said • he did not believe Perry Cable TV should be allowed to use the area mentioned in item No. 83 of the Village Manager's Report until better service is received from the company. Thomas J. Little, resident of Dover Road, said it might be possible the controlling agencies might force the emergency hook- up of Rolling Hills and that it seems that only the Village has been cooperat- ing in this project to date. He further questioned if the Village was going to rebutt Jupiter P~ayor Hinton's remarks about moving "Double Roads" people to Tequesta. 8e) The Village and Water Department Financial Statements for the month of February 1984 were received. Mapes asked what the extremely large amount of miscellaneous income was in the General Fund Statement, and the Village Manager advised he would find out for him. Mapes also asked about water losses and the Village Manager advised this matter was under consideration and review by the engineers and Water Department Superintendent. 9) Wagar asked about the status of the finalization of the Tequesta Drive-Dover Road Drainage Project and the Council requested that this matter be an agenda item for the April 10, 1984 Council Meeting. Stoddard suggested that the matter of the siltation of the Loxahatchee River be an agenda item for consideration at the April 10, 1984 Council rleeting. The Mayor reported on the recent meeting of the Palm Beach County Municipal League, advising that the League was unanimous in its opposition to the proposed Municipal Sunset Bill; Senator Harry Johnston's suggestion that • traveling judges be used in such places as the Village of Tequesta, especially for traffic cases. He advised Council of the receipt of a resolution from Juno Beach expressing their opposition to the Municipal Sunset Bill. • 3-27-84 - 9 Robert Sattley, Tequesta Garden Apartments, asked if anything was being done about the condition of the right hand turn lane of Tequesta Drive going west at Seabrook Road. The Village Manager advised that some deterior- ation had been caused by the Seabrook Road drainage project and the previous retention of water in the area had probably caused the break-up of the pave- ment. The Village Manager also suggested that it appears that the entire intersection is in poor condition and probably requires a complete rebuilding of all four sections. The meeting was adjourned at 9:07 P.M. Respectfully submitted, ~_ Robert Harp Village Manager RH:jf • ~Z~i ~.~ze.. u..t.. (~Raur~-