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HomeMy WebLinkAboutMinutes_Regular_04/14/1981n LJ MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA April 14, 191 A meeting of the Council of the Village of Tequesta, Florida, was held at 7:30 P.NI., Tuesday, April 14, 19$1. The meeting was held in the Village Hall, 357 Tequesta Drive, Tequesta, Florida, Councilmembers present were Brown, Cook, Mapes.and Stoddard. Councilmember Little had advised he could not be in attendance. Also present were Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney. The opening Prayer and Pledge of Allegiance to the Flag was given by Vice-Mayor Stoddard. There were no announcements. Changes made and approved to the agenda were: 1. Change 3b to 1b • 2. Add: 3d, Purchase of new car radio for Water Department from Renewal & Replacement Fund Mrs, Nettie Nicholson, 79 Yacht Club Place, Tequesta, was present to etition Council to waive the provisions of Section 16.9 c2~cg) - Commerical Vehicles and Trucks, Recreational Vehicles on private lots. Mrs, Nicholson told Council that several years ago she had surgery on her brain that required a metal insert, with age the surrounding fat tissue had deteriorated causing severe head pain when the weather is cold or rainy. Sne has tried several ways of weather proofing her home with. no great success. The only solution she has found is the use of the gas heater in her motor home, She was asking Council. through her petition to be allowed to park their motor home next to the house anal be able to retreat to the motor home and ease it when the weather becomes cold, damp or rainy. Cook asked Mrs, Nicholson if they had tried a vine type plant to cover the arbor. Mrs. Nicholson told Council that at one time they had a hedge to cover the sight of the motor home but that was removed when. the sewers were installed. Stoddard asked Mrs. Nicholson how long would she need the waiver, would it be for several months, ;rears or just weeks. She told Council. that the pains only occur, usually, from mid November to April. 04--14-~1 -02 Stoddard. moved, "that because of the urgency and seriousness of the med~.ca~ condition that we do grant this exception from • our Ordinance but that we date it from November 14, 19$1 to April 1, 192 and that you (Mrs. Nicholson) will agree to work to improve the screening and arbor and to try to make it attractive", Brown seconded and vote on the motion was: Brown -for Cook -for Mapes -for Stoddard -for anal therefore the motion was passed and adopted. Nir. Paul Haas, Gee 8c Jenson, read a letter to Council dated April 13. 19$1 in which Gee 8c Jenson stated they felt the proposed settlement ;;~f $4,500. to Gorham Construction Company - Final Payment No, 6 for the Tequesta Water Main Relocation Project represents a reasonable amount. Gee & Jenson recommend final payment to the contractor in the amount of $4,500. subject to receipt of final Release of Lien, and acceptances of the projects completion. Stoddard moved, "that we approve this figure of $4,500. subject to the "Final Release of Lien". Cook seconded and vote on the motion was: • Brown -for Cook -for Mapes -for Stoddard -for and therefore the motion was passed and adopted. There was no one under "Time for Visitors". Mr. Mel Kirk, P.E., was present representing Chapel Court Subdivision, Mr. Kirk. gave Councilmembers a copy of a revised sketch for the dry storm water detention pond area. Mr, Kirk told Council that this pond is above the ground water level and will contain water only during storms, They would like to dedicate this area to the Village as their contribution for a park. If properly maintained by the Village it could. be used as a park during the entire dry season and a high percentage of the wet season. There should be a total of 1,1 acres of continually usable area, Mr. Kirk told Council this would be done in lieu of a monetary contribution by the developers, Discussion followg~d with Council and audience asking several questions of Mr, Kirk. Mr. Kirk told Mapes that there • was an error in the calculations when Mapes asked why there was a decrease in the acreage from 1.3 to 1.1,. Mapes and Cook told N1r. Kirk that i.f the developers dedicated the park area to Tequesta in lieL~ of a monetary contribution it 01~--14-$1 -03 would mean that more money would have to be nut in the Parks • and Recreation Budget, when they feel Tequesta is already doing its share to furnish this area with recreation facilities. They would rather a monetary contribution be made, The Village Attorney explained that there were several letters that had transpired between the Village Manager and Theodore E. Davis, Chapel Court Developer, on the matter of a monetary contribution, The Village did not agree on the 4~ evaluation presented by Chapel Court for a park contribution. He asked Mr. Kirk if Chapel Court would agree to arbitration as provided by the Village Code of Ordinances if a reasonable amount could not be agreed upon, N1r. Davis speaking for Chapel Court told the Village they will agree to arbitration. N1r. Herb Foxman, Tequesta Pines Homeowners Association, told Council it was his understanding that the lots anal homes in Chapel Court were going to be similar to those in Tequesta Pines and he understands that people in Tequesta Pines are asking about $30,000, per lot, T~=Zr. Kirk told Mr. Foxman that they have checked at the County Court House and the lots are actually selling for $1,000. He said people may be asking x.30,000, but they are not getting that much far the land, Ntr. Chuck Rosenblum, Tequesta Pines, asked about percolation pipes being installed to help with the rainwater out,fall around the detention pond. • s~~ayor l~iapes took a consensus of the Council. and they agreed to go to arbitration. The Village Attorney advised both parties that if they both agree to arbitration both parta_es have to agree to abide by the arbitration. decision, The Village Council and sir. Davis and iyir, Kirk both understood and agreed, The Village Attorney read by title only for second reading an C.rdinance entitled A1~, ORDINAPJCE OF THE VILLAGE OF TEQUESTA, FLORIDA, APdNEXIPdG CERTAIN PAP~CELS OF LArdD TO THE TERRITCRTAL LI~~~ITS OF T~~E VILLAGE OF TEQUESTA i ;hapel Court) , Brown told P~~r. Kirk that he was concerned that the residents of Tequesta Pines paid for their developed and improved land with the storm drainage included and now Chapel Court would just hook into the alreadly existing drainage system. Stoddard moved, "to adopt tree Ordinance on second reading's. Cook seconded and vote on the motion was: Brown -against Cook -for T~~iape s -f o r Stoddard -for • and therefore Ordinance ~?o, 292 was passed and adopted on second reading, The Village Attorney read by title an Ordinance entitled, 01~-14-$1 -O1~ Ali' ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, Ai~NDING • ARTICLE IV, SECTIQN 9 OF THE CODE OF ORDIT~TANCES OF THE VILLAGE OF TEQUESTA SO AS TO PROVIDE THAT PAYT~IENTS MADE BY DEVELOPERS TO THE VILLAGE OF TEQUESTA ITT LIEU CF DEDICATION OF PARKS IN PROPOSED SUBDIVISIONS T~iAY BE TiELD IN ESCRO`~J AND USED BY THE VILLAGE FOR THE PURPOSES OF MAKII`1G IT~TPROVETw~NTS ATuD CAPITAL EXPENDITURES FOR THE OPERATION OF PARKS AND RECREATIONAL AREAS O~~dED AND/OR OPERATED BY THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; FROVIDTI~?G AN EFFECTIVE DATE, and read sections of the Ordinance. The Village Attorney explained that this Ordinance amends the Code of Ordinances by providing that payments made by developers to the Village of Tequesta in lieu of dedication of parks in proposed subdivisions may be Yield in escrow and used by the Village for the purposes of making improvements and capital expenditures for the aperatior: of parks and recreational. areas owned and/or operated by the Village, Mayor Mapes told Council that he had. asked that such an Ordinance be drawn up so the Village could use the money in escrow for improvements and capital expenditure instead of increasing taxes, He feels there are no more areas that Tequesta could use as parks to purchase. Cook agreed and told Council she feels Tequesta has done more than its share of providing recreation facilities for • this area. Cook moved, "to approve first reading of this Ordinance". Brown seconded and vote on the motion was: Brown -for Cook -for Mapes -for Stoddard -for and therefore the motion was passed and adopted. The next item on the agenda was the consideration of receiving Audit Report for Fiscal Year Ended 19$0. Mayor Mapes told the Village Manager that he would like item ~1 on the list of evaluations to be completed by the next time the audit is started, Item ~1 is that a written plan of organization which specifies the division of duties and areas of responsibilities concerned with accounting and administrative controls relating to safeguarding of asserts, custody of financial records and the reliability of financial statements has not been prepared, The Village i-~arager told Council that with the new Finance Director being here it would help to get the plan started and together they could have it finished by the next audit. Vice--Mayor St~bddard read a letter from Bill Gotwals to James Coble, President of the Tequesta Association of Voters and Taxpayers stating that the Audit looks good to him and 04-1.4-$1 -05 that the Village looks like it is in fine hands. . Stoddard moved, "that we accept the audit report as submitted". Brown seconded and vote on the motion was: Brown -for Cook -for Mapes -for Stoddard -for and therefore the motion was passed and adopted, The Village Manager informed Council that the Lone Star of Florida, Inc. plant is closed and that Lone Star has secured some of the problems at the site. He also told Council that the Village has sent Lone Star of Florida, Tnc, a letter with a list of things that are wrong at the plant and that need their attention, The Village has received a letter from the Florida East Coast Railway Company concerning the possibility of the Village of Tequesta undertaking to remove improvements owned by Lone Star of Florida, Inc. and situated on Railway's property which improvements are under lease agreement with the F.E.C. Railway. If Council so desired the transfer would take place so that the Village could demolish the Lone Star facilities. . F.E.C. Railway told the Village the assignment of lease from Lone Star of Florida, Inc. to the Village of Tequesta during the period that demolition takes place will be satisfactory to F.E.C. Railway providng Lone Star of Florida, Inc. gave Tequesta a bill of sale. Mapes suggested that the Village Manager find someone to demolish the building for salvage so that the Village would not have to pay anything. The Village Attorney advised Council the Village should try and find someone to demolish and salvage at no cost, but it they cannot then a notice should be sent to Lone Star of FJ_orida, Inc, and tell them to demolish their facilities. John Giba, resident, told Council he feels that the facility should be torn down so that they will not request a permit to rebuild the site, Brown moved, "that the Village Manager pursue the possibility of having the Lone Star of Florida, Inc. facilities demolished not at Village expense but to have some other means such as a contractor who would do it for salvage purposes". Stod~'ard seconded and vote on the motion was: • Brown Cook -for -for Mapes -for Stoddard -for 04-14-$1 -06 and therefore the motion was passed and adopted. • Robert Moore, Country Club Drive, asked Council when a report on the no through truck traffic would be on the agenda. (.:ouncil told Mr. Moore it would be on the next agenda. Vice-Mayor Stoddard had to leave the meeting at this time for personal reasons. ~~~. W.H. Mapes, Jr The Village Manager told Council he would like their approval for payment of a mobile radio for the Water Department to be paid from the Water System Renewal and Replacement Fund. Cook moved, "that Mr. Harp (Village Manager) be authorized to purchase the radio in the amount of $479.00 and that the radio be paid for by the Renewal and Replacement Fund". Brown seconded and vote on the motion was: Brown -for Cook -for Mapes -for and therefore the motion was passed and adopted. The minutes of the March 24, 19$1 Council Meeting and the Village Manager's Report for March 22, 19$1 to April 11, 19$1 were both received. • Mayor Mapes advised Council if they had no ob~ecti.nn ~~ would sign a Resolution of the Village proclaiming April 26, 19$1 through May 2, 19$1 be designated as "Days of R?membrance of Victims of the ~locaust". There were no objections. Council talked briefly on a letter and petition received on March 14, 19$1 from Mrs. James S. Beebe asking the proposed bicycle path for Riverside Drive be placed on the south side. The meeting was adjourned at 9:10 P.M. Cy se Gol.bert ~~ Date pproved ~~'`l. Lee M,; drown L._r' ~ ~? I ~r L ie A. Cook .• Not present 04-14-$1 Th as J. little ~a Car ton D. Stoddard