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HomeMy WebLinkAboutMinutes_Regular_06/26/1984 MINUTES OF THE VILLAGE COUNCIL MEETING OF THE VILLAGE OF TEQUESTA, FLORIDA JUNE 26, 1984 A meeting was held by the Village Council of the Village of Tequesta at 7:30 P.M., Tuesday, June 26, 1984 in the Village Hall, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were: Brown, Mapes, Murphy, Stoddard and Wagar. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk, John C. Randolph, Village Attorney and Frank Flannery, Police Chief. The Prayer and Pledge of Allegiance to the Flag was given by Council- member Brown. The Mayor then made the following announcements. 1. July 4, 1984, J.I.C. is celebrating it's 25th anniversary. 2. Ex-Mayor Brown is out of the hospital and will be moved to the Convalescence home. • 3. The Tequesta Association of Voters and Taxpayers has agreed to mail out to all residents a "Hurricane Warning Bulletin". 4. The appointments of "Block Captains" and "Condo Captains" for "Hurricane Watch" is underway. The following additions to the agenda were made by Mayor Stoddard: 2c. Jupiter Island Satellite Dish Antenna 2d. Coral Cove Park 2e. Railroad Crossing Cost Councilmember Mapes requested time at 4a for discussion of train whistles. It was approved. la. The first item on the agenda was an up-date on status of Plans for Water System Improvements (William D. Reese, P.E., Gee & Jenson.) Mr. Reese told Council that the bids have been advertised and bids will be received on July 16, 1984. Mr. Reese explained that there are two parts of the Water System Improvements that are completed. They are the restoration of the elevated tank and the restoration of control system in the tanks. He also told Council that the estimated cost of the improvements is $520,000. Mr. Reese informed Council that Gee & Jenson, as of yet, has not received the D.E,R. permits, but he has heard today that the permit is on someone's desk in Tallahassee waiting on a signature. ~; ~ .~. ..:~- .' Mr. Reese gave the Village Manager a set of the specs and plans. The Council was told by Mr. Reese the plant should be partially functional by March 1, 1985. Minutes of the Village of Council rieeting . June 26, 1984 Page 2 - There are eight bids that are out right now. Gdhen asked by John Giba, resident, about provisos for "liquidated damages", Mr. Reese reassured Council that liquidated damages are a standard procedures in contract bids like this and the fee is $350.00 per day. It was announced that the final contract for the Jupiter Island Beach Water Company has been signed. 2a. The next item on the agenda was a Resolution identifying services rendered by Palm Beach County which provide no real and substantial benefit to property or residents within the Village of Tequesta. The Village Attorney read by "title" the resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA IDENTIFYING SERVICES RENDERED BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL BENEFIT TO PROPERTY RESIDENTS WITHIN THE VILLAGE OF TEQUESTA AND WHICH ARE FINANCED FROM COUNTYWIDE REVENUES AND AD VALOREM TAXES; PETITIONING THE • BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01 (6) (a) AND (7) FLORIDA STATUTES; DIRECTING THE VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. The Village Attorney explained that this Resolution is like other Resolutions Council has passed the last few years. Mapes moved, "the Resolution be adopted". Wagar seconded and vote and the motion was: Brown Mapes Murphy Stoddard Wagar for and therefore RESOLUTION 9-83/84 was passed and adopted. The Vil"rage Attorney told Council that the Road and Bridge Funds case is scheduled to come to trial in July. 2b. The next item on the agenda was consideration of revised Interlocal Agreement with Palm Beach County for increase in local option gas tax from 2¢ to 4¢. Mayor Stoddard said that when this increase was brought before the voters, it was turned down. He also told Council that he had heard from the President of the Tequesta Association of Voters and Taxpayers and that he was in favor of the increase. Stoddard then asked Mr. Dick Fairman, TAVT to speak to this. Mr. Fairman said the President was in New York and • would not have to pay for the extra taxes and as far as he is concerned, the Council should vote against it. Mapes told Council that the tourist coming to this area would pay for its share of using the road and help lessen the burden of taxes on the Minutes of the Village Council Meeting June 26, 1984 • Page 3 - local residents. The Village Manager pointed out that one third of this money would go to local municipalities and that could be used to build new roads. Mapes felt that the Council should go ahead and sign the agreement so the Village would be in on the distribution if it were passed. Council asked the Village Attorney if the Village could lose out on the money if they did not sign the agreement. The Village Attorney advised that the Village could "back into" the agreement, but the Village should do know what it wants to do. Mapes moved, "that we sign this agreement and send it into the County". Murphy seconded and vote on the motion was: Brown - Against Mapes - for Murphy - for Stoddard - for Wagar - for and therefore the motion was passed and adopted. • 2c. The next item on the agenda was Jupiter Island Satellite Dish Antenna. Mr. Robert Ritchie, Jr.,Ocean Tower South, told Council he was here five (5) weeks ago to request from Council its answer on installation of the Satellite Dish and has still not heard from Council or received Council's answer on the matter and that he would like to know when Council will give him an answer. Mr. Ritchie also told Council that 400 Beach Road has withdrawn it's name from the petition because Perry Cable has offered to drop their rates of $579.00 to $370.00 and the service people from Perry Cable has been all around the condo's working on equipment. Mr. Ritchie also asked Council if they had received approval from Council to lower its rates. The Village Attorney told Council he did not believe they had to, but he would check it out. The Village Council authorized the Village Attorney and/or his staff to check into Perry's agreement to find out if they could lower their rates for a small area of the Village and not the remaining areas. The Village Attorney then discussed with Council that he would get with Gene Caputo and together they could set up Zoning for a "Special Exception" section in the zoning to allow Satellite Dish in a residential area. The Village Attorney also said that they could be required to obtain a license for that business. Council was. reminded that at the last meeting, Mr. Ritchie told Council the Condos involved in this venture are agreeable to paying expected revenue lost of the utility to the Village. The Village Attorney, Gene Caputo and the Village Manager are to work expeditiously on getting the Zoning changed and report back to Council • so the Village can proceed with the Public Hearings and the adoption of an ordinance. • • • Page 4 - 2d. The next item on the agenda was the Annexation of Coral Cove Park. Stoddard asked the Village Attorney if he would tell Council about the copy of a letter from Chip Carlson, Assistant County Attorney, to Dick Feeney, Aide to Commissioner Evatt. The Village Attorney advised Council that he himself had just received the letter and has not had a chance to review it. The Village Attorney read the letter dated June 21, 1984. Mayor Stoddard informed Council that he attended a meeting with Commissioner Evatt, Dennis Eshleman, Director, Parks & Recreation, various other County officials and the Village Manager where they had discussed this letter. Stoddard told Council that Commissioner Evatt told the people at this meeting that she would get with the Attorney and tell him that at the first meeting with the Village of Tequesta on the annexation of Coral Cove Park, most of his concern were worked out between the Village and the County. Stoddard asked the Village Attorney he talk with Chip Carlson and talk over with him his concerns. The Village Attorney agreed to do so as Mayor Stoddard requested. Mapes told Council that maybe the Village should not jump into the annexation of Coral Cove Park if the State is willing to give the County the money to purchase the land north of 400 Beach Road for a larger park. Mapes pointed out that if this land, which is in the unincorporated area of the County, is used as a p ark the Village stands to lose the water connection fee estimated for -that- bnrld-ing-and any tax revenue if the land would ever be annexed into Tequesta. ~ ,. ,.. ~ , t,,~ , , , .. ,, , '~ ~ .... ,~._;y .~ .~ `t~,~~- n .,. ~, _. 2e. Mayor Stoddard asked the Village Attorney to report on the railroad crossing cost. The Village Attorney told Council that as reported at the last meeting, the railroad has sued the County for $26,000.00 for the restoration of the crossing on Tequesta Drive. Stoddard then asked the Village Manager to report on this item. The Village Manager told Stoddard he had nothing to say. Stoddard then told Council he had met with Palm Beach County and they said Palm Beach County is being sued by the railroad and they are not really sure why. He told Council he would leave this up to the Village Attorney and the Village Manager to work this out. Wagar moved, "they (Council Meeting Minutes - June 12, 1984) be approved." Brown seconded and vote on the motion was: Brown - for Mapes - for Murphy - for Stoddard - for Wagar - for and therefore the motion was passed and adopted. Minutes of the Village Council Meeting June 26, 1984 • Page 5 - Brown moved, "approval of the Village Manager's Report." Wagar seconded and vote on the motion was: Brown - for Mapes - for Murphy - for Stoddard - for Wagar - for and therefore the motion was passed and adopted. Mapes told Council about six months ago he had asked about the lost of water in the system and has not yet received an answer and would like to know if an answer has been found. The Village Manager told Council that the Water Department has ordered and received a meter to be installed that will compare the water flow. The Water Department is waiting to have the meter installed and explained how it works. Brown moved, "approval of the Village Financial Statement and the Water Department Financial Statement for May 1984." • 4a. The next item on the agenda was the discussion of train whistles requested by Mapes. Mapes told Council that this was in response to the Village Managers' letter of June 25, 1984 on audible train signals. Mapes asked the Village Attorney what would happen if the Village passed an ordinance and someone was killed, what liability does the Village of Tequesta have if someone sues us. The Village Attorney explained that the Village could have liability but no more so than the State of Florida being sued because they passed this law that the Village could adopt. The Village Attorney told Council he would be happy to check with some of the other municipalities to see what they are doing and would report back to Council. Stoddard asked the Village Manager if the Jupiter-Tequesta Athletic Association going to their new home would have any effect on Tequesta Park. The Village Manager told Council that this is really better because we can let some of the other fields grow in, because in the past, they all get used so much there is not really a chance for alterations of playing fields. Stoddard said he would like to see the section of bicycle path from Tequesta Drive South on Riverside to the Jupiter line put in this years budget. The Village Manager told Council this was already in the proposed budget. Stoddard said he had received a letter from C.O.G. and will give it to the Village Manager stating the dues were due from the Village. The Village Manager informed Council he already had a copy of the letter. • L Page 6 - Stoddard told Council that he attended a meeting with the County on Old Dixie Highway. He told Council the County said that the Comprehensive Plan for the County shows a 80' right-of-way North to County Line Road but for the present, there is only a 30 foot right-of-way. Stoddard told Council that the County said they are looking at taking drainage lines East to U.S. 1 to a catch bo.s'~~n in the Coast Guard land. Stoddard said he asked if Jupiter and Tequesta had been considered in this drainage, the County said they had not thought of it but that would be a good idea. Stoddard said he had a meeting with "Doc" Meyer and "Doc" Meyer had said the handicapped and group home requirements in a residential area did not pass. The meeting was adjourned at 9:58 P.M. Da e Approved ~~~i _ Lee M. Brown ~U,/J. W. Harvey Mapa~s V _ _ JJ~~~~~~ ~~ ~.G~LIUn, //. I. Arthur Murphy l ~~. CYRESE COLBERT Village Clerk ~~~~~ .~.~- Carlton D. Stoddard r `., __ ~. , William Wager