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Home My WebLink AboutMinutes_Regular_03/27/1979 MINUTES OF THE MEETING OF THE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA March 27, 1979 A meeting of the Council of the Village of Tequesta, Florida was held at 7:30 P.M.,_Tuesday, March 27, 1979 in the Village H~11, 357 Tequesta Drive, Tequesta, Florida. Councilmembers present were Brown, Mapes, Ryan and Yoder. Cook was out of town. 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 Councilmember Ryan. Mayor Brown welcomed everyone to the Council Meeting and thanked everyone for attending the meeting. Mayor Brown announced Tequesta Fashion Square's Ribbon • Cutting Ceremony on March 29, 1979 at 10:30 A.M. Brown asked that John Giba, Planning Consultant for the Village of Tequesta be added as 2e to the Agenda, that Mr. Larry Zielinski be added as 2f and that consideration of a Special Council Meeting for Tuesday April 3, 1979 be added as 51. Council approved the changes. The minutes of Pilarch 13, 1979 Council Meeting, the Village P~ianager's Report for March 11, 1979 to March 2~., 1979 and the Financial Statement for February 1979 were received. Under item ld. the Water Department Financial Statement for February, 1979 Mapes asked the Village Manager why and how the Capital Improvement Funds could be used to pay off the debts for the Water System. The Village Manager told Mapes that it was set up by Ordinance that these funds could be used to pay off the debt service. The Village's Audifior, Ms. Janet R. Baricevich, C.P.A. of Nowlen, Lynch Sc Stewart was present to answer any questions that Council may have of the Annual Audit for the fiscal year ended September 30, 197. Yoder asked Ms. Baricevich about item ~1 of her letter • dated February 12, 1979. In Ms. Baricevich's letter she listed four (4) conditions that her Company felt were weaknesses in 03-27-79 -2 ' the Administrative operations of the Village. Yoder asked Ms. Baricevich about item number one (1). Item number one (1) stated that, "a written plan of organization which specifies the division of duties and areas of responsibilities concerned with accounting and administrative controls relating to the safeguarding of assets, custod~r of financial records, and the reliability of financial statements needs to be adopted. Currently, the Village is making progress in this area". Ms, Baricevich informed Council that the Village at this time does not have a plan of duties and areas of responsibilities and they have asked for it for several years. The Village Manager told Council that he is working on it but it will take some time. He also said it is basically worked out, but it takes putting it down on paper, Yoder also asked about item number two which states, "the Village should update and maintain its inventory of fixed assets in accordance with Chapter 10.300 Rules of the Auditor General-Tangible Personal Property". Yoder wanted to know if this meant numbering chairs, desks, etc. The Village Manager replied that it did and that most all of the Village's inventory had been completed with the exception of the Maintenance Department. Mapes moved, "that the Village Manager be instructed to complete the four specified weaknesses by our next audit". Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for • Yoder -for and therefore the motion was passed and adopted, Yoder asked Ms. Baricevich how long would a workshop meeting take to review the entire budget with Council and anyone who was interested, Ms. Baricevich told Council it would take about 3 or 4 hours to review it in its entirety, Council agreed that they would like a workshop set up in July to discuss the Annual Audit for the fiscal year ended September 30, 197 with our auditor Ms. Baricevich, Nowlen, Lynch & Stewart, Brown also expressed concern over what would happen to the financial accounts if the Village Manager were to become ill for any length of time. Ms. Baricevich told Council that her firm performs accounting services and could do so for the village if the need ever arose. Mapes moved, "that the Audit report be approved and that this request for payment of $9,100, be approved". Yoder seconded and vote on the motion was: Brown -f o r Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted, • The Village Manager informed Council that the request for Facia signs for Tequesta Fashion Square was brought before the Community Appearance Board on March 22, 1979 and that they had approved the basic concept of the signs. 03-27-79 -3 The signs will have chocolate brown letters with an off-white . background. The Community Appearance Board also approved the concept for the Woodard Warehouse sign. Yoder moved, "that the signs for Tequesta Fashion Square be approved". Mapes seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Mapes moved, "that the signs for Woodard Warehouse be approved". Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Item ~2c was delayed until later in the meeting because Mr. Rudy Steinhauser was not present yet to present his request to Council for a six month temporary development sign for Tequesta Shops on Bridge Road. • Mr, John McKune, Gee & Jenson, told Council that 1500 gpm would be the amount needed for the fire water pressure on Jupiter Island per a study done by Gee 8c Jenson. In his opinion it would be a good idea to have a second crossing. He also stated that any crossing, such as now exists,is a weakness in the line. Anything could happen to this crossing. He estimated the cost of a new line to be $330,000. Mr. McKune also stated that at the present time on Jupiter Island there is only one crossing for the water line and if the line was to break the water service to the area would be cut off. The Village Manager asked Mr. McKune if the estimated $330,000, includes any cost for easements. McKune answered that the cost was just for building. The Village Manager stated that there could be additional cost for easements. Mr. McKune agreed. Mr. McKune told Council that a cost of $900.per unit would probably be passed on to any new people coming onto the system, on Jupiter Island, for the additional cost of the extra crossing. Mapes asked McKune if there were to be no other buildings built on Jupiter Island, is fire protection adequate as it is now, with just one crossing. McKune answered that it is not. Mapes told McKune and Council that he would like to see John come up with possible charges to cover the extra crossing. ~' Mr, McKune told Council that Jim Worth, Water Department Superintendent, called him about a leaking water main on the 03-27-79 -4 crossing on Tequesta Drive. McKune felt that this bridge • crossing is a problem and that he was not aware of the fact that the pipe is asbestos and not iron. He told Council that this pipe is exposed and that sometimes people fisraing on the bridge walk on the pipe and it could break under the pressure from the people walking on it. The estimated cost of replacing the pipe is $30,000. and he recommened to Council that the pipe be replaced. E.N. Murray could replace this pipe at the same time they are doing other work in the Village for the Village. Roger Fulling, recommended that Council give its' approval to replace this line with modern material. Yoder moved, "that you (Gee 8c Jenson) proceed with E.N. Murray and replace the present line on Tequesta Drive as recommended by Gee & Jenson". Mapes seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Mr. Larry Zielinski, resident, asked if these funds are from the water system, The Village Manager assured Mr. Zielinski. that the funds would be from the Water System. • Mr. McKune told Council that he has been in touch with Frank Garquelow, Director of the Environmental Engineering Force of Palm Beach County Health Department and Mr. Garquelow told him that once the Village activates their water plant then the Palm Beach County Health Department will probably consider a request from the Village for complete treatment of the water and the Village will have to upgrade the plant. Council instructed John McKune to prepare a report for presentation to Council on what the possible cost of a lime softening unit would be and what the possible additional charges to the customer would be. Mr. McKune pointed out to Council that the water system purchases 2.5 million gpd of water from Jupiter Water Company, yet it is committed for 4.0 million gpd of water. Mr. Sandy Nettles, Gee & Jenson, told Council that U.S.G.S. has continued to refuse Gee & Jenson access to their three (3) deep monitoring wells. R'tr. Nettles gave Council a copy of a letter from Patrick J. Gleason, South Florida Water .Management District, in regard to data collection in the U.S.G.S. wells. In the letter Mr, Gleason wrote that these wells have shown a disturbing increase in chloride concentration which has continued even though we have decreased the withdrawalu from production wells. Mr. Gleason also told Mr. Nettles that S.F.W.M.D. would not take sides in this matter. Mr. Nettles told Council that U.S.G.S. will continue to collect salinity • data and Gee & Jenson will be able to use their report to some extent but it will be hard to make a recommendation because he is not really sure where the Village is going to get the water. 03 -2?-79 -5 If it doesn't look like the Village will drill additional • vaells then maybe they could get by with one monitoring well. Brown explained to the audience, who may not have been aware of the situation, that the Village Water System is buying water from Jupiter Water Company and that if the Village is going to use our own wells again then we have to treat the water. Mr. Nettles recommended that two wells be drilled, one on the East side and one on the West side of the peninsula area. Mapes moved "that we authorize Gee & Jenson to spend the maximum of 3,500. to drill two (2) test wells and the location to be determined by Gee & Jenson". Yoder seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for Roger Fulling, resident, asked if the dewatering that ENCON is doing, will have an effect on the individual wells in the Country Club area? Brown told Mr. Fulling that ENCON has been contacted and asked that the water from the dewatering be pumped into the Country Club ponds. . Dr, Rudy Steinhaaser, DDS was present to ask Council if he would be permitted a six (6) month temporary development sign for the Tequesta Shops on Bridge Road. The Village Manager told Council that he saw no problem with the sign. Mapes moved, '?that Dr. Steinhauser's request for a developer sign be approved. Yoder seconded and vote on the motion was: Brown -for R~~a pe s -f o r Ryan -for Yoder -for and therefore the motion was passed and adopted. Mr. Roger Fulling gave recognition to Mr. Bob Dewey, and the unending work that Mr. Dewey did for the good of the Village as an citizen, NIr, Dewey passed away on March 19, 1979. He will be missed as an outstanding citizen of our Village. Mayor Brown told the Council and audience that a letter had been prepared and signed by the Mayor and Village Manager for the Council and a letter had also been prepared and sent by the Village Manager on behalf of the Village Staff. Tvir. John Giba, Village Planning Consultant, was present to discuss the possible connector road between County Line Road • and Country Club Drive. Mr. Giba said that there is a lot of 03-27-79 -6 traffic on Tequesta Drive. A lot of this traffic coming from • T~`artin County residents who live in Turtle Creek, Martin Little Club and Riverbend. NIr. Giba said he went to Martin County at the request of the T~,ayor to let Martin County know the concern of the Village over the heavy traffic from Martin County and the problem emergency vehicles may have moving with the traffic tie ups, He found out that it is a highly emotional situation and that the Girl Scouts were the crux of the matter. He told Council that the local chapter of the Girl Scouts have been asked for a ?0' right-of-way and so have the Boy Scouts. The Boy Scputs have given their approval but the Girl Scouts have not. jhe land that the Girl Scouts use has been given to the Girl Scouts on a non-revocable permit from the State, because it is in-fact State property. I`Zr. Giba told Council that he has spoken with the Girl Scouts and explained to them the situa- tion of heavy traffic flow through Tequesta. The Girl Scouts said they do not want to give the right-of-way because they would lose some of their privacy and the road would spoil some of the ecology. P~Ir. Giba's recommendation to Council is to stand by and wait and let the dust settle. Mayor Brown said that maybe T~Ir. Giba should emphasize IuZr. Moore's problem since he lives on Country Club Drive and c~oes~not-°appreciate the heavy traffic on Country .Club Drive. ab u ~ n~ P7r. John M~,ore, resident complimented John Giba on the work done by him, Mr. I~Zoore believes that the Girl Scouts i have chosen.. the hard way of resolving the problem and felt that they should. release the ~+of land to Martin County. Mrs. Dovagain asked why Martin County didn't use Condemnation Proceedings. Mr. Giba, Village Planning Consultant, gave brief reports on 1. Annexation -acknowledged receipt of a memorandum on Municipal Annexation HB 402. Mr. Giba told Council that he had been approached about bringing nine (~) acres into the Village of Tequesta 2, He has started his analysis of the various departments within the Village 3. He has reviewed copies of the site plans and has given his recommendation to the Building Official Mr. Larry Zielinski, resident, told Council about an article in the Sunday Palm Beach Post-Times where Ryan had been quoted as saying "maybe the $30.00 was too much for him". Mr. Zielinski felt this .remark was aimed at him and asked for an apology. I~~Ir. Zielinski said the reason he did not run was because of his working hours and he felt he needed to spend more time than he could for the Village. Ryan told Mr. Zielinski that he had said that to the reporter in a joking manner and that the remark 03-27-79 -7 was aimed at no one. Ryan apologized to Mr. Zielinski and • P~Ir. Zielinski accepted Ryan's apology. The Village Attorney reviewed with Council a proposed Agreement for Professional Assistance in maintenance and development of the Village ie; site plan review, annexation: zoning, subdivisions, inter-governmental relations and coordination, utilities, traffic, and drainage problems, management review and general comprehensive development of the Village. The period of the Agreement would be March 1, 1979 to March 1, 190. A fixed fee of $7,500, would be paid to Mr. Giba. Giba would be reimbursed out-of-pocket expenses as incurred. Out-of-pocket expenses in excess of $100.00 would have to be approved by the Village prior to its' expenditure. Mapes moved, 11that the Village Manager and Mayor be authorized to finalize this agreement with Mr. Giba". Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. The Village Attorney told Council that he had handed out • the revisions to the Community Appearance Board Ordinance to Council so they could review the revisions and discuss them at the April 21~., 1979 Council Meeting. He would also like Council to keep in mind if they would like the Community Appearance Board to have final say so on the signs. Council agreed to make the Community Appearance Board have the final say. The next item on the Agenda was the acceptance of the election, Both Ryan and Mapes ran unopposed. Yoder moved, "to accept the election of James H. Ryan, Council Seat 2 and W. Harvey Mapes, Jr. Council Seat 4". Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Councilmembers Ryan and Mapes took the Oath of Office given by the Village Manager. The Village Manager spoke of the memorandum that he had sent out in reference to the rules and procedures for the • selection of the Mayor and Vice-Mayor. The meeting was then 03-27-79 -$ turned over to the Village Manager until such time as a • Mayor and Vice-Mayor had been selected by the Council. moved, "that the rules (by which a Mayor and Vice-Mayor is selected) be approved". Mapes seconded and vote on motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted, Brown the The Village Manager opened the floor for nomination of A'Iayor and Vice-N~ayor. A Resolution nominating Howard Brown for Mayor, submitted by Mapes, was the only nomination for Mayor, therefore Brown was re -appointed Mayor for the Village of Tequesta. There was a Resolution nominating W. Harvey Mapes for Vice-Mayor submitted by Brown and a Resolution nominating James Ryan for Vice-Mayor submitted by Mapes. Ryan respectfully withdrew his name as a nominee for Vice-Mayor. Mapes was therefore re-appointed Vice-Mayor for the Village of Tequesta. • Mapes moved, "that Yoder be appointed Treasurer, Cook be appointed Tax Assessor, and Ryan be appointed Tax Collector" Yoder seconded the motion and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Mr. Larry Zielinski, thanked Mayor Brown for the help and interest he has provided the Village with and commended Mayor Brown as the best Mayor this town has had, although Mr. Zielinski said, there has been many good ones. The Village Manager administered the Oath of Office to Howard F, Brown, Mayor; W. Harvey Mapes, Jr., Vice-Mayor; Joseph D. Yoder, Jr., Treasurer; and James H. Ryan, Tax Collector. Mapes moved, t'that the Village Council approve the following personnel: Village Manager Village Clerk Assistant Village Clerk Village Attorney Village Prosecuting Att. Robert Harp Cyprese Colbert Jean Frank Firm: Johnston, Sasser & Randolph (John C. Randolph) Firm: Johnston, Sasser 8c Randolph (John C. Randolph) 03-27-79 -9 Civil Preparedness Director Franklin E, Flannery Ryan seconded the motion was vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Mapes moved, "that we accept the recommendation of the Village Manager for the appointment of the Department Heads (as follows) ". Police Chief Franklin E. Flannery Building Official Alvin W, Butterfield Water Dept. Supt. James W. Worth Street Maintenance Curtis Sapp Recreation 8c Parks Gary Preston Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for • and therefore the motion was passed and adopted. The village Attorney administered the Oath of Office to Robert Harp, Village Manager; Cyrese Colbert, Village Clerk; and Frank E. Flannery, Police Chief. The next item on the Agenda was the approval of Depositories and required signatures for various Village Funds. In a memo sent to Council on March 26, 1979 the Village Manager informed Council that we could establish our Village of Tequesta Water Refunding Revenue Bonds Sinking Fund with the newly opened First American Bank of North Palm Beach, Tequesta Branch, Yoder asked the Village Manager why the $22,000. deposited into that account each month couldn't be invested to draw more interest. The Village Manager told Yoder that the X22,000. is invested normally in Teasury Bills or Certificate of Deposit. Yoder said he saw no reason why the Village shouldn't spread its' business. N7apes moved, "that the Village of Tequesta's accounts at the various banks, as indicated (see attached) in Mr, Harp's letter dated March 22, 1979, be continued for the next fiscal year of the Council in addition to the Water Refunding Revenue Sinking Fund money will be placed in the first American Bank of North Palm Beach in the Tequesta Branch and the signatures be two (2) signatures, Village Manager and/or Treasurer and one (1) Councilmember". Ryan seconded the motion and vote on the motion was: 03-27-79 -1.0 Brown -for • Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Yoder moved, "that we appoint Howard Brown our Representative to COG (Loxahatchee Council of Governments)". Ryan seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for and therefore the motion was passed and adopted. Mapes moved, T'we nominate Leslie Cook to be our Representative to COG Leisure Time Committee". Yoder seconded and vote on the motion was: Brown -for Mapes -for Ryan -for Yoder -for • and therefore the motion was passed and adopted. Brown spoke to the memorandum of March 21, 1979 which states that some of the Councilmembers may have a conflict with the April 1979 Council Meetings on the regular. second and fourth Tuesday, April 10 and 24. Brown spoke of a meeting that was held with himself, the Village Manager, Sandy Nettles and John McKune at the Country Club. Mr. Nettles and Nir. McKune are both with Gee & Jensan. The meeting was held to discuss the use of the Country Club ponds as holding ponds for rain run off. He told Council that he would like the presentation presented to Council. Brown told Council that the minimum time it would take to get the necessary permit would be 90 days, so he would like things to move right along on this matter. Brown told Council that if the ponds were used as holding ponds there could be an accumulation of settlement so for the safety of the Village of Tequesta and the Country Club then the two Attorneys should draw up a contract to protect both parties. He would also like to have a meeting on April 3, 1979 and a meeting on April 23, 1979 instead of April 10, 1979 and April 2~., 1979. Brown told Council that the Village Manager and himself will meet with Mr. Green of the Country Club and Mr. Wise of Gee & Jenson on Thursday, March 29, 1979. Ryan moved, "that the Council Meetings for April, 1979 be the 3rd, and the 23rd.'t. Yoder seconded and vote on the 03-27-79 -11 • motion was: Brown -for Mapes -for Rya n -f o r Yoder -for and therefore the motion was passed and adopted. Yoder asked about the replacement of the traffic lights at Riverside and Tequesta Drive. The Village Manager told Yoder he was told by the County that it would take about 60 days. Chief Flannery told Council that he was also told, by the County, that it would take about 60 days. Ryan asked the Village Manager about the Port-O-Let still visible and on Village right-of-ways at the Mustapick building sites in the Country Club. The Village Manager assured Ryan and Council that he would see that they were removed. Mapes instructed the Village Manager that on the day Wendyts come again before the Site Plan Review Committee that he would like to have a report on things that still needed to be done at the Lighthouse Plaza. R7apes asked the Village Manager about replacement of the dead royal palms. The Village Manager told Mapes that this will be taken care of shortly. The meeting was adjourned at 10:19 P.M. Appro ed Cy se Colbert by: Howar F. Brown Leslie A, ok :~f~ w. 7narvey lv~pes, ~~ ~ a me,S~ H . Ryan r.