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HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_4/8/1986 • MINUTES OF THE MEETING OF THE• . :'. VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLCRIDA• i' MARCH 25, 1986• • •�- / A meeting was held by the Village Council of the Village of. Tequesta, Florida at 7:30 P.M., March 25, 1986 in the Village Hall, 357 Tequesta Drive, . . Tequesta, Florida. Councilmembers present were: Stoddard, Murphy, Howell and Nelson. Gemino was not in attendance. Also present were: Robert Harp, Village Manager, Cyrese Colbert, Village Clerk and John C. Randolph, Village Attorney..; • Mayor Stoddard made the following announcements: 1. Palm Beach County Municipal League Meeting at 11:00 A.M., >` Wednesday, March 26, 1986 at Palm Beach Gardens Community Center. 2. Village Building Official Scott D. Ladd had been named Building Official of the Year for District 8, Florida Building Official's Association. 3. The Mayor asked if there was a representative of the Jupiter-. Tequesta Chamber of Commerce in attendance, as they had advised the Village. A representative was not present. ' There were no items from the floor by Visitors. 3. The Village Manager read the Election Certificate of the Clerk of Elections for the March 11, 1986, Village Election which indicated the following returns: • Council Seat 1 Gloria C, Gaio 315 Carlton D. Stoddard 541 • Council Seat 5 Ron Mackail 614 Victor K. Oraham 214 It was noted that Edwin J. Nelson was unopposed for Seat 3. Murphy moved, second by Nelson that the Certificate for the March 25, 1986 Village General Election be approved. The vote on the motion was: • Murphy - : for Nelson - for Stoddard - for • i _ Howell - for 6. • • Minutes of the Meeting March 25, 1986 Page 2 - and the motion therefore passed. 4. The Village Manager administered the Oath of Office to Councilmember Stoddard, Seat 1, Edwin J. Nelson, Seat 3 and Ron Mackail, Seat 5. Mayor Stoddard made farewell remarks to outgoing Councilmember Vice- Mayor Arthur R. Murphy extending thanks and appreciation for his two years on the Village Council.. Mr. Murphy made his farewell remarks expressing his appreciation for having had the opportunity to serve as a Councilmember and wishes the Councilmembers well for the future. 5. The Mayor turned the Gavel over to the Village Manager to conduct the election of the Mayor and Vice-Mayor for the ensuing year, The Village Manager -reviewed his March 20, 1986 Memorandum to the Councilmembers in this regard which indicated: 1. The Council to appoint a Chairman to conduct the election of the Mayor and Vice-Mayor. This has been the Village . Manager in the past, 2, Nominations to be made verbally. G. Nominations do not require a second. . 4. Nominator can speak for one (1) minute in behalf of their nominee, if theydesire. -5. Balloting will be by voice vote; and 6.. As soon as one (1) of the nominees received a majority vote, the Chairman will declare the nominee elected. Sa. .. . The Chair then requested nominations for Mayor for the ensuing year. Nelson nominated Carlton D. Stoddard. The Chair called for any other nominations three (3) times and there being none, the Chair declared Carlton D. Stoddard elected by unanimous vote as Mayor of the Village of Tequesta for the ensuing year. The Chair then requested nominations for Vice-Mayor for the ensuing year. Nelson nominated Edward C. Howell. The Chair called for any other nominations three (3) times and there being none, the Chair declared Edward C. Howell elected. by unanimous as Vice-Mayor of the Village of Tequesta for the ensuing year. • The Village Manager administered the Oath of Office to Mayor Carlton D. Stoddard and Vice-Mayor Edward C. Howell. The Village Manager then returned the Gavel to Mayor Stoddard. • • Minutes of the Meeting • March 25; 1986 Fage 3 - The Mayor requested nominations for Treasurer. Nelson nominated Ron Mackail. The Chair called for any other nominations three (3) times and there being none, the Mayor declared Ron Mackail elected by unanimous vote. as Treasurer of the Village of Tequesta for the ensuing year. The Mayor requested nominations for Tax Collector. Nelson nominated . Jill IC. Gemino. The Chair called for any other nominations three (3) times and there being none, the Mayor declared Jill K. Gemino elected by unanimous vote as. Tax Collector of the Village of Tequesta for the ensuing year. . The Village Manager administered the. Oath of Office to Treasurer Ron Mackail, • • ' 5c. The next item for consideration was the approval of Village Depositories and signature requirements for various Village Funds, The Village Manager referred • to his March 21, 1986 Memorandum to the Councilmembers in this regard which showed • all of the various accounts and Certificates of Deposit and signature .requirements of two (2), Treasurer and/or Village Manager and one (1) .Councilmember. ' Nelson moved, second by Howell that"th.e Village Depositories and Signature requirements as set forth in the Village Managers March 21, 1986 Memorandum be approved." • The vote on the motion was: Nelson - : for - • Howell for Mackail for • Stoddard _.. for and the motion therefore passed. • 5d. ' The next item for consideration was the Council appointments of Village Officers. Nelson moved, second by Howell that Robert Harp be appointed Village Manager until July 6, 1986. The vote on the motion was: Nelson for Howell - for Stoddard - for Mackail - for and the motion therefore passed. Mayor passed the Gavel to Vice-Mayor Howell and passed out a typewritten motion to Councilmembers, Village Manager and Village Attorney. The Mayor stated that in the interest of cost efficiency and coordination of our Village of, Tequesta Staff operations, I wish to offer the following motion: • "In view of the fact that the tax base of the . Village of Tequesta is very limited in growth, while expenses continue to climb each year, it behooves' the Village, where possible, to improve the cost- • Minutes of the Meeting March 25, 1986 Page 4 - . efficiency of its staff operations. One way greater cost-efficiency can be achieved is by eliminating the separate position of Village Clerk and integrating the functions of the Village Clerk into another depart- . • A professional analysis of the Village of Tequesta administrative functions, commissioned by the Village Council in 1979, recommended that the Finance Director assume the duties of Village Clerk. The time has come to adopt this recommendation. I move, therefore, that the separate position • of Village Clerk be eliminated and that the functions of the Village Clerk be assigned to, and performed by, - • the Finance Director." Note: The Village Charter empowers the Village Council to appoint officers as the business of the • Village may require. (Section 2.07 of the . Village Charter.) Note: The same person may be placed in charge of two or more departments. (Section 3.07 of the Village Charter.} Note: The Village Manager formerly also simultaneously served as Village Clerk. . Note: The Village Clerk shall have custody of the general records, books and documents of the Village (Section 3.04 of the Village Charter.) This function is now performed by the Finance Director, reporting to the• . Village Manager and the Village Council. Note: The 1985-86 Village budget allocates $27,952 to the . Village Clerk. The annual savings to the Village by eliminating the office of the Village Clerk as a separate position can be substantial. The Vice-Mayor asked if there was a second to the motion and Nelson seconded. The Village Attorney said he would like to comment on the motion. The Village Attorney stated that the Charter under Section 2.07 provides for • the position of the Village Clerk and the Village Council shall have the power to appoint and retain all Village officers to include a Village Manager, a Tax . Assessor, a Tax Collector, a Village Clerk and such other officials as may be Minutes of the Meeting. March 25, 1986 Page 5 provided by law. I think that this is something you should look at before moving in this direction because there is a Charter requirement that provides for a Village Clerk. In addition, I think it would be very unusual for a Village, or any municipality in Palm Beach not to have a Clerk. The Clerk's duties are addressed by Florida Statutes in language related to the Sunshine Law, as the . person who would be the recorder of the Minutes of various meetings: The Clerk's functions are necessary in regard to the election laws and they are specific functions that are specifically called for by a specific office which do not necessarily fall into the office of Financial Officer. In fact, there are Clerk's Associations which train clerks for specific duties relating to the per- formance of Clerk's functions which are totally separate and independent from the functions of Financial Directors and I think that this is something which • you should look into and give serious consideration to before you do it, parti- cularly based upon your Charter and the procedures of other municipalities in Palm Beach County and municipalities throughout the State of Florida. The Mayor • asked the Chairman to allow him to respond to the Village Attorney's remarks. The Mayor stated to the Village Attorney that we have given careful consideration to the Village Charter and its requirements and also its assignment to and res- ponsibilities for the Village Council. Under. Section 2.07 of the Village Charter; the Village Council is empowered to appoint officers as the business of the Village may require. You. are correct in that. The same person may be placed in . charge of two or more departments according to our Village Charter.- Section 3.07. I might also point out that the Village Manager formerly also simultaneously served as Village Clerk and I'm sure the Village of Tequesta survived. The Village Clerk, and again I'm quoting from the Village Charter, Section 3.04, the Village Clerk •. shall have custody of the general records, books and documents of the Village. This function is now performed by the Finance Director,, reporting to the Village . . Manager and the Village Council. The office of Village Clerk has become less than a full-time job in my considered opinion, and I'11Ieave that judgement to the rest of our Councilmembers. A great deal of thought and study, very careful consideration has gone into this and it has been my conclusion as a result of a : very careful study of the Village Charter and the office of the Village Clerk that it will be more efficiently performed as a joint duty with the office of Finance Director. So I want you to know Skip, and all here assembled, that very careful thought has gone into this not only by this Council, by myself but previous Councils who have come to this same conclusion, that this has been a recommended under the Commission that was given to the analysis of our Village functions in administration so this has not originated with this Council. The Village Attorney stated he understand but as Village Attorney it is his functions to point out the provisions of the Charter to the Village Council before you take these type of actions, the Mayor stated it is totally within the power of this Council to act, and the Village Attorney said he is not arguing but is pointing these provisions out but he would point out that he does think there : may be some misunderstanding of Section 3.07 which -.-indicates that the same person may be placed in charge of two or more departments. Section 3.07 deals • with Departments and Directors. Those are department heads that are appointed Minutes of the Meeting. March 25, 1986 Page 6 by the Village Manager and the Village Manager has the right under that Section to• appoint someone to be in charge of those departments. It does not refer back to•Section 2.07 which deals with Village Officers and advisors. The Mayor said he was sorry but be drew a different conclusion. The Vice-Mayor asked if there was any further discussion. Dottie Campbell, Village resident asked if they would take comments .from the floor, she said the report that was referred to in 1979 was never adopted by the Council then. I•would ask this Council at this . time, would they consider abolishing the position of Finance Director which seemsl_.. to be a not quite a part-time job because all the reports are so late in being available and combining the Financial Director under the Village Clerk. The Mayor said the office of Village Clerk is not being abolished but being eliminated , as a separate office and combined with the careful study that has been given to this.We are confident that the functions of the Village Clerk can be efficiently . :. performed in the manner as prescribed in this motion. Paul Coben, a. Village resident said he would like to hear an opinion from the Village Manager on the • efficacy .of•the person. The Village Manager said the Village Council has the authority to appoint its officers from a term of one year and until their successors shall be appointed and qualified. The Village officers shall serve at the pleasure of the Council. Coben said he was looking for something more subjective and asked if it was the Village Manager's opinion that this was 'a part-time job. The Village Manager said he would like to see Mr. Bradford come on Board and •, ' review the situation with all of staff and see what he might come up with. Howell said he thought we were drifting away from the issue here, were talking' about an appointment to a position. He said he understood the content of the motion but sort• of disagrees with the last paragraph as •to the form of it. The . .` Vice Chairman called for the vote on the motion which was: Stoddard for Nelson for Mackail for Howell against and the motion therefore passed. Cyrese Colbert said she would like to address Cpuncil at this time. She said she would like to know at this point what happens to her. Howell said. he thinks the Council should address this. The motion addressed the appointment of. a position here and we need to address the question of employment which is ' a different matter. . I feel that the Council should definitely address this question. Council has the power to appoint or retain the' Village officers, but at the same time we do have an employee behind the appointment, we have a job and .a person, and I think that this person should be taken care of. This issue should be addressed. I think we ought to address this question. Stoddard said - I'm sure it would be the firm opinion of this Council that every fair consi- deration be given to salary, to severance pay, to any assistance in obtaining employment that we could give. I would like to open it for Council discussion as to the amount of severance pay or any other consideration, that should be given, especially in the light of eleven or twelve years of duty for the Village of Tequesta. We want to be very fair about that. I'll follow the wisdom of our Minutes ok the Meeting March 25, 1986 Page 7 - • Councilmembers to suggest,. Howell said he thinks this is an administrative matter that should be addressed by the administration of the Town Hall. I think that the Manager should have a voice in determining this. It's been touchy problem to address. As I've said I do not forget the appointment of an office and yet you have a person behind it that you have to address also. . I . don't think, and I hope that the motion is not made against the person itself and I hope it is made to address the function. Stoddard said absolutely. Howell said Bob do you have input on this. As far as the employment. The Village Clerk happened to be appointed position and the problem'we.have here and the Village Council has the responsibility as .to determine how much they are going to pay for the position and I think we ought to consider the fact that the person will have to look for some other employment. Dottie Campbell said as she understands it, it has been a position that has been abolished, merged or whatever. . Is it not now the time for the Village Manager to appoint the person who will assume the position, why are we to assume it would be Ms. Colbert rather than Mr. Kascavelis. ' • .or any of the other people that would fill that position. Stoddard said that . the function of the Village Council will come to that. Campbell said she has been going to these meetings for 15 or 16 years and she has never heard the. .. recommendation of the Village Manager be turned down for the appointment. . I would 'like' to have Mr. Harp, our Village Manager, make his suggestion" for the appointment of the person to; fill this position that has just been created. The Village Manager said he has never really made a recommendation on the appoint- ment to this position. Howell said he thinks there's a portion of this motion that probably, and this is the one, you're talking about one person, your':: talking about one position being eliminated and then you're creating another one at the same time and I think this portion should probably be addressed later on. See then, you've got actually two things going in' this .motion that you have to take care of. Stoddard said the motion as passed is very clear and that is that the separate office of Village Clerk, the separate office, be eliminated and that the functions of that office be consolidated with that of the Finance Director.. Howell said, aren't we in effect electing a Finance Director at the same time then. Stoddard said he would think that would take a separate motion which. I will be glad to offer at the proper time. But I want to have everyone to have a fair chance to give us any wisdom. .There is no railroading going on here. Nelson said his first impression was to eliminate the position so we therefore wouldn't be appointing someone to fill that job, we would be more or less be spreading the duties out among maybe several people. Stoddard said just one under the moment, the Finance Director. Howell said I think that Ms. Colbert should be compensated for quite a period of time, three months might be fair. Stoddard said three months sounds fine and thought that the Village Manager should have some control in that. Howell said the Village Manager should advise the administration of this. Stoddard said he could not quarrel with this himself because we do want to be' very fair. Howell said,he thinks this is definitely something that has to be addressed at this time. You can't separate those two thins..: . Howell asked Bob, . if he had any input on this. The Village Manager said we have never had this • Minutes of the Meeting March 25, 1986 Page 8 . problem in the Village of Tequesta.. I have not paid any particular attention to any other municipality that's done the same thing or done a similar thing. Some of the officers or staff are under contract which would have a different bearing on it. I would presume a minimum of three months. There is twelve (12) . . years of service involved and a heck of a lot of knowledge that is important to the Village. Howell moved that the Town Manager be charged with giving the . Council a blue print of what becomes to be the person behind this office-and what. exact specific steps to be followed to indemnify the person behind the job. Nelson second the motion. Mayor asked if there were any further questions. Pat Kloiber, a Village resident, said if you were. to save lots of money for the Village by • combining these two jobs, May I ask does the Finance Director or Clerk get more-" '`?; money and then take the more expensive salary and go down to-the other one. The Mayor advised that the Finance Director made more money. Kloiber asked why not •' . combine the Finance Director's job with the Village Clerk.. The Mayor: said he did' not think it would be practical or acceptable to reduce the Finance Director's . salary when he is taking on more work. Kloiber said the Mayor said he was trying . . to save us all money and that's wonderful if all this is true, she wondered if we ;, could eliminate the most expensive job.at this point and combine the person who is to be appointed into the position that is most economical . She said she has. two kids in College and would like to save as much money as she can. Stoddard said by eliminating the separate job: of Village Clerk, the budgetary item on-that for fiscal year 1985/86, our current year, is $27,952. That is the budget for the Village Clerk's office as a separate office which has now been eliminated. . Kloiber asked the amount for the Finance Director. The Mayor said the Finance Director makes moderately more, and Kloiber said but it is more, so that the combining of the two jobs could be taken over by someone willing to take a lesser amount of money. Stoddard said I don't think that would be possible or practical. Kloiber said that the thesis was to save money by eliminating the job now you are combining the two. The Mayor said the vote of this Council has`.. _ . ` just saved the Village of Tequesta a budgetary item for this year at least ' $27,952. That does'nt speak to future years but that is the budget amount for the Village Clerk's office which has now been eliminated as _a separate .office. The Village Manager said that some of the expenses will still be included in the budget because other than salary, there are other expenses which are involved in the office. The Mayor said the, $27,000 includes the fringe expenses. The Village Manager said there are election expenses in there,• advertising expenses.. The Mayor called upon Marcia Evans, a Village resident. 'She said she was a little confused as to how this was going to work. When she has a question, and I call up somebody, I feel I don't want to bother the Village Manager, so I will ask to talk to Cyrese and feel confident she has the expertise to answer to her question. Now I have to call and ask for Bill and will he be able to give me answer. The Mayor said if he is appointed to the office of Finance Director - and Village Clerk you will speak to Mr. Kascavelis. Marcia mentioned the Community Appearance Board Meetings that sometimes run for two hours and asked ' if Bill would also .be .there. The Mayor said he or his reporter would be there. Minutes of the MeetirP March 25, 1986 • Page 0 • Minutes of the:meetings will have to be taken. " Of course, it's a legal matter ans questioned if the Board's questions on Zoning and and they will be. EIA : answered. The Mayor said we are satisfied they will be other matters will be A question was asked from the floor for the Clerk's salary. efficiently handled.' , .lerk herself. Cyrese answered $22,000. The questioner., Not the.�job but the C. .. :=, those expenses would still go on. Mayor said no. They are : •' said that $5,000 of t:. ,idant to and to a part of, in addition to the salary that fringe benefits to $27,9'S' . Kloiber asked about other expenses such as election ►ses and the Village Manager said there are other items and advertising' experf bell, asked what is the Finance Director's actual salary. in that.. ;'Dottie Camp eplied probably around $25,000 $26,000. Campbell asked The Village Manager menefits. The Village Manager said he could not tell from what are his fringe o the statement since trey are combined with another person in that office. Campbell ,.e would be a more definitive study of this if you're saying e said she .thought: the 22,000 or $25,000 or you don't know. This doesn't seem, to ..: • you're going to saved situation. Stoddard said we have just spoken to the be' a very well prepax�of the separate office of the Village Clerk and there may amount of the budget" Qf a smaller_nature there but that's primarily that amount":•.", be a few other items `be saved, so I do think we can at this and that's what willpoint go into deep .; ! age Attorney told the Mayor he needs to clarify for the . bookkeeping.. The Vil'he motion as stated was that the separate position of the record the motion. T�. ated and that the functions of the Village Clerk be ' Village. Clerk be eliril. ���med by the Finance Director. As I understand it from the • assigned to and perforar not eliminating the position of Village Clerk you are conversation you .are ton of Village Clerk and Finance Director and asking that be :. maintaining the posit on's duties. The Mayor said exactly. The Village Attorney .: coupled into one pers�be Finance Director and Village Clerk. The Mayor said said one person would" should be in accordance with the Charter's Direction ' undoubtedly his titlejO so the new title of the Finance Director should be Finance descriptive of the jotClerk. Howell said one thing : that has to be considered is - Director and Village Jerk reports to the Council and the Finance Director reports the fact the Village CC If we give both titles to one person you're going. to have to the Village Manageil o report to two different bodies. He can't •serve two masters one person that has to t wear two hats at one time. Stoddard. said he did not think at one time. He can He is reportable to both the Village Manager and the Village that was quite right at the direction of and the responsibility of the Village li Council and his jobisculated by the Charter. No problem there. . The Mayor asked Council. Clearly ant, ,.e questions from the Village Council. The motion before if there were any more ent that's given to our Village Manager to develop a program us is that the assign,m,:;` fair severance pay for the discontinuance of that office. and formula for a ver ile but .does that cower it.. The vote on the motion was: It's been "a little wh, ):rel1 - for • Hol son - for Neoddard - for Mac St ckail - ' for . and the motion theref°re passed. Minutes of the Meeting March 25, 1986 Page 10 - • The Mayor then said, I hope this is again proper and necessary. I am " passing the Gavel to Vice-Mayor because I want to make the motion myself. We are sure in our judgement that he can efficiently perform both of these offices and therefore I would like to nominate Bill Kascavelis to the newly created office of Village Finance Director and Village Clerk. The Village Manager said he thought we were getting into a problem when we break it down because we have to sign official documents. The Village Clerk signs many official documents as the Village Clerk. The Village Attorney said to do it by separate motion. : Why don't you appoint Bill Kascavelis as the Village Clerk and then have a motion to appoint Bill Kascavelis as Finance Director. Howell said you can!'tdo this i. you just abolished the Village Clerk position. How can you appoint a new one. You've got to .do something and if we don't do this right now, you're going to have problems in the future. I don't care what you think. This is the time you're creating problems because you've not ironed out all of these details and I think a lot of it comes from the terminology of it. I think we've just abolished the Village Clerk'.s position which reported to the Village Council. If we're going to create, call someone else a Village Clerk, then we are not going according to the Charter. We just abolished the Village Clerk period. 'If we want the..functions to be associated with Finance Director, then this is going to have to be something that is done by the Town Manager. The Council at'`. this point has eliminated the Village Clerk position and probably is not going to. answer to the Council anymore as the Village Clerk. Now it's the matter for the Village Manager to nominate a Finance Director and someone who ,is going to be doing the same thing as the Village Clerk. The Village Attorney said Mr. Howell this is the purpose of his asking for clarification of the motion to find out whether or not the intention of the motion was to abolish the position of Village Clerk that's the way .I understood it when it was presented and the way I thought it was worded in the motion as presented, which I just saw this evening. But that's why I asked for clarification and I understand the fact is that the Village Clerk's position has not been abolished, that there will be a Village Clerk and there will be the position of Finance Director but that- the functions of those offices will be handled by one person. The Mayor said that's right. The Attorney has it correct. That is what the motion says. So therefore cannot we handle this in_ onemotion. Will you repeat again after thinking this over, Skip, how it can be handled' to carry out exactly what you said. You tell us and we'll do it right. The, Village Attorney said if you will look at your Memorandum from Mr. Harp dated March 20, 'where he sets forth the Village Council, the present Village officers, the present Village appointed personnel, you'll see that there is a separation between the Village appointed personnel and the Village Manager's recommendations for appointment as Department Heads, indeed Mr. Harp is the one who has the right to make recommendations as to the Department Heads upon concurrence of the Council. However, pursuant to the Charter, the Village Clerk is a position outlined by the Village Charter and is one that is appointed by you rather than pursuant to a recommendation from Mr. Harp. So if the position of Village Clerk is indeed still a position and you want Bill Kascavelis to serve in that position, I would think that pursuant to the agenda that is before you, you could appoint him, then later on in the agenda, you would recommend him for appointment as Department Head for Finance • Minutes of Meeting March 25; 1986 • Page 11 - Director. The Mayor said he understood this and I will amend my motion to say exactly that. I nominate Bill Kascavelis to fill the position of Village Clerk. Does that require a second Skip. The Village Attorney said yes and the motion was seconded by Nelson. Howell asked if there was any discussion. Pat Kloiber _ . asked if Bill Kascavelis would be sitting in on all the meetings and doing all the duties of both positions, pursuant to this dual appointment without increase in salary. The Mayor said there would be no increase in his salary until the • budget for 1986-87 is considered when all of the salaries for all of the employees would be considered. Kloiber asked if they thought Kascavelis could accomplish all of the work done by the Village .Clerk. The Mayor said we have , reason to believe this. Kloiber asked who is the we, editorial we, are they the people that haverelse:ar-c:hed this. The Mayor said there has been study on it. Kloiber asked by whom? The Mayor said by independent people in the • Village of Tequesta, including himself separately, Kloiber asked in what time period. The Mayor said it covered a long time. -Someone said lets get on with the meeting. Dottie Campbell said this is a public meeting and she would also .. like to ask who these people are, that are making decisions that affect all of = us. The Mayor said this Village Council has made this decision, the decisions' • that are made here. Campbell said not in public you haven't, and if you have to have these decision making factors in a public meeting and I've been at every- one of them. This has not come up at one single meeting in the last three • months. The Mayor said it came up tonight in detailL,and that is what this meeting is for is to give a fair hearing for careful opinions on the part of everyone, public and Council. Kloiber said that's why she is asking, to try and determine who is "we" that is doing this determination and is it people who have backgrounds that are necessary. I would like to have the names, dates, places, etc. The.Mayor said we are taking those comments. Howell asked the Village Attorney to verbalize this last motion that is on the floor. . Howell said he is still not clear in his mind whether or not we have elimi- nated the position of Village Clerk and answerable to the Village Council. • Is that right or wrong? The Village Attorney says he believed that is wrong. : ;: - I believe you have not eliminated the position of Village Clerk answerable to the Village Council. I believe you have merged the functions of the Village Clerk who is appointed by the Council with the functions of the Department Head known as Finance Director who is administered by the Village Manager. Mayor said that is correct and on the advice of our Attorney which I concur with my motion was rephrased. My motion is that, I nominate Bill Kascavelis to the position of Village Clerk. Howell asked for a second and Nelson seconded the motion. Dottie Campbell said it is her understanding that in October 1985 there were studies made of job descriptions and so forth. Does Bill Kascavelis meet the requirements of Village Clerk and Finance Director as in our personnel. The Mayor said in his judgment he does. Campbell said: I ask, does he meet them. I don't ask for judgement, in black and white, does he meet the qualifications for these two positions, The Mayor said he does. Campbell ask the Mayor read them please. Howell said are we through with the discussion and then called for the vote. The vote on the motion was: • • • Minutes of the Meeting March 25, 1986 Page 12 Stoddard - for Nelson . . :, . . - for, _ . Mackail.;. :. Howell - nay and the motion therefore passed 3-1; The next item for consideration was the appointment of the Village Attorney. Nelson moved, second by Howell that the Firm of Johnston, . Sasser, Randolph & Weaver (John. C. Randolph) be appointed as Village Attorney, for the ensuing year. The vote on the motion was: Nelson - for Howell - for Mackail - for Stoddard - for and the motion therefore passed. The next item for consideration was the appointment .of the Village Prosecuting Attorney. Nelson moved, second by Howell that the firm of Johnston, Sasser, Randolph $ Weaver (John C. Randolph) be appointed as Village Prosecuting Attorney for the ensuing year. The vote on the motion was: . Nelson - for Howell for Mackail Stoddard - for and the motion therefore passed. The next item for consideration was the appointment of the. Village Civil Preparedness Director. Nelson moved, second by Howell that Franklin E. Flannery be appointed as Civil Preparedness Director for the ensuing year. The vote on the motion was: . . Nelson for Howell - for Mackail - for Stoddard for • . and the motion therefore passed. • Minutes of the Meeting March 25, 1986 Page 13 - Cyrese Colbert said Mayor Stoddard, I would like to ask one more question. If my job is done away with, that is effective tonight? The '•Mayor asked what.. was your question Cyrese. Howell said is the job ter- mination effective tonight. From my understanding and Howell said don't leave just now, we need the rest of the minutes taken. Cyrese said no, I don't think so.. 'The Mayor said work that out please. ,The assignment has been given to Mr.. Harp to work out some fair terms and it is the spirit., of this Council that they be generous. Cyrese said okay but what I'm asking is I'm no longer employed as of this time? ., I need to know and I feel • I should be honored by that. The Mayor said you are no longer employed as Village Clerk, if there were temporary:employment or anything of that kind, that would be an administrative matter and we have faith in our. Village Manager that he will work out a fair 'arrangement. . Cyrese said she under- stands from the motion that it is up to Mr. Harp as to the amount of severance pay whatever that I will be given. Cyrese said she would like to say something and it is due the Village of Tequesta after twelve years. • I have enjoyed working with the Village of Tequesta and contrary to some of the people's beliefs, I have given .a lot to this town, 'I have loved this town and I have served this town and I have served it well. The Mayor thanked Cyrese. 5f. The next item for consideration was the Village Manager's appointments. .' . • of Department Heads for the ensuing year. Nelson moved, second by Howell that the following Department Heads as appointed by the Village Manager be approved: Finance Director - ' Bill C. Kascavelis Police Chief Franklin E. Flannery Building Official Scott D. Ladd Transportation - Curtis S. Sapp Recreation Director • - - Gary Preston Water Department Superin- tendent - James W. Worth The vote on the motion was: Nelson - for Howell - for Stoddard - for Mackail - for and the motion therefore passed. . 5g. The next item for consideration was the Village Council's appointment of its representative to the Loxahatchee Council of Governments (COG). The Village Manager explained how this had been done in prior years as explained in his March 20, 1986 Memorandum. Howell moved, second by Nelson that Mayor Carlton D. Stoddard be appointed as the Village's representative to the Minutes of the Meeting March 25, 1986 • Page 14 - • Loxahatchee Council of Governments (COG) for the ensuing year. The vote un the motion was: Howell for Nelson • - for Mackail for Stoddard - for and the motion therefore passed, 5h. The next item for consideration was the appointment of the Village's : representative to the Palm Beach Countywide Beaches and Shores Council. Mayor Stoddard explained the importance of the. Village being represented on this Council and indicated he would like to serve. Nelson moved, second by , Mackail that Mayor Carlton D. Stoddard be appointed as the Village's repre- sentative to the Palm Beach Countywide Beaches and Shores Council for the ensuing year. The vote on the motion was: Nelson for Mackail - for Howell - . for Stoddard for and tie motion therefore passed. 6. There were no additions or deletions from the agenda as presented. 7. The Village Attorney suggested that due to the length of the agenda V : still to follow that his discussion of the Sunshine Law be presented later on "• the agenda and the Council agreed to make it. Item 9d on the agenda. 8. . The next item for consideration was the Site Plan REview for Tequesta Centre, 218.U.S. Highway One, owner Tequesta Financial Centre Ltd.,.. a Florida Limited Partnership, Ernest E. Hamilton, Limited Partner. Building Official Scott D. Ladd, introduced the project and noted two changes in the January 24, 1986 letter of intent. Hamilton had informed him that there were 13,817 square feet of leasable area and the building is to be approximately 18,024 square feet, not 17,800 square feet, for professional and business offices. • Joel Potrekus, of the firm of Potrekus, Salas, Humara, Architects- Planners, Inc. was in attendance for the owners to explain the project. Potrekus showed color photographs and a color rendering of the building and explained the Site Plan. He noted the exterior of the proposed building was to be reflective glass, the two top floors to be dark glass and the bottom floor to be light glass. The building is to be three (3) stories in height. Minutes of the Meeting • March 25, 1986 Page 15 - Potrekus noted that following the project's review by the Community Appearance • Board, additional landscaping was added in the lower area and there was more . than the required parking. He noted the dumpster was to be located in the rear and taller palm trees were proposed for the sides and front of the building: Stoddard called Potrekus' attention to the proposed Palm Beach County Well Field Protection Ordinance since a portion of the parking would be on Village well field property and that Village ground and elevated water storage tanks and piping for same were located in the well field area and he was concerned of possible pollution of the site from run-off from the entire . parking area for the project: . Potrekus said they would analyze this drainage matter and the owner will cooperate with the Village of Tequesta in any manner and: that South Florida Water Management District criteria would have to be met. John J. Giba called attention to the fact that the property to the south located in Jupiter was much lower and would have to be taken into consideration for drainage purposes. Potrekus said they were aware of this situation and the drainage would be designed with this in mind. Mayor Stoddard noted the porject has 18% green area and Ladd noted the impervious surface area was 6,8% and total lot.coverage 14%. The Village Manager advised that he had talked to William D. Reese about the possibility of parking lot run-off into Well Field one and Reese said he did not believe this would adversely affect the Village's water and pointed out that every street within the Village's water service area has water department. lines running along the side parallel to the. street. Potrekus advised that parking lot run-off will be fully addressed in the final plans and coordinated with the Building Official. Potrekus said the building will be an asset to. the community.' Stoddard questioned if the architect was aware of the latest U.S. Highway No. 1 traffic count and Potrekus said the traffic study was performed by others and they were more knowledgeable in this. Howell noted there was only one ingress and egress and questioned-whether or not this would cause . any problems. Potrekus said he did not believe there would be any bottlenecks. Howell said he had no problem with the aesthetics of the building but wondered if. there would be any problem with the sun reflecting from the ' glass and bothering the traffic on U.S. No. 1. Potrekus said there would be no problem. Howell also noted that the building will be black not blue as indicated in the color rendering. Howell also said he thought the Long - Range Planning Commission should look at the proposed project. Paul Coben, a member of the Community Appearance Board said that Board had approved • the project with some reservations but th . was no basis for rejection. Howell again said he thought the Long Range Planning Commission should review the plans for the project. The Village Attorney reminded that at V Minutes of the Meeting March 25, 1986 • Page 16 - a Workshop Meetir_g concerning the duties of the Long Range Planning Commission it was determined that the Commission was not to be another level of govern- ment and was not to be involved in specific projects. Howell said the building will be with us for a long time and the Council should give it a little thought and take a little bit of time to consider it. He noted it clashes with the surrounding area. Nelson said this is the second time the owners have been before the Village Council, that the Community Appearance Board has approved the project and thinks the Village Council should act on it now. Nelson moved that the Site Plan Review for Tequesta Centre be approved. Mackail said he agrees with Howell's . , : :. comments and believed the Long Range Planning Commission should look at. the plans for the project. He noted that there are spanish type designs' throughout the Village and just north of this project. Potrekus said his firm is. Long Range Planning, as architects and must act accordingly. Howell. ' said he believes the project should have the support of the Long Range Planning Commission and possibly have a workshop meeting with the Long Range .. Planning Commission on the project. Stanley Jacobs- Vice-President, Long Range Planning Commission said Long Range Planning Commission would look at but after the fact. Stoddard said this would help Gemino since she is not at this meeting. Jacobs said the Long Range Planning Commission has not determined a Village motif but is looking at Florida motif. The motion did not receive a second so it died. The Councilmembers were in general agree- ment that the Long Range Planning Commission should review the Tequesta Centre and report to the Council on same prior to the. April 8, 1986 Council Meeting. The Village Manager is to contact the President of the Long Range . Planning Commission to have this meeting set up. Hamilton said they have done everything and tried to comply with everything the Village has asked for. He said the Community Appearance Board • has given its approval for the project. He recalled his previous appearance before the Village Council when the project was shown and explained and - Gemino had said she was against the project. He wanted to know what the Long Range Planning Commission would do with the project and asked what Howell's problem was with the project. Howell said he wants to make sure the . . Council has covered all factors and that he is not 100o, sure the building is for the Village of Tequesta. Hamilton said the Community Appearance Board approved the project, he has done everything he has been requested to_ do and keeps being put off. He said if the Council is not going to approve the project, they should say so now so they can start over. Howell said he wants to make sure the right decision is made for the Village of Tequesta. Stoddard said he has no objection to being careful about this project. He . said input from the Long Range Planning Commission is not wrong and agrees the Site Plan Review should be tabled for two weeks to let' the Long Range Planning Commission look at the project. Hamilton said he had asked an independent architect who has no connection with his project whatsoever to be present at this meeting to give Council his thoughts on the project and asked if he could speak. Jeff Smith, Minutes of the Meeting March 25, 1986 Page 17 Architect with Obst Associates Architects Planners, Inc. presented himself and said he,was a member of the Architectural Commission of the Town of Palm Beach. He said he found the proposed building to be a very aesthetic and pleasing building and would not hesitate to approve it for the Town of Palm Beach. Howell moved, second by Mackail that "the Site Plan Review for the Tequesta Centre be tabled for two weeks until the next Council Meeting." The vote on the motion was: Howell - for Mackail - for Nelson - for Stoddard - for I and the motion therefore passed. . The next item 'for consideration was the first reading of an •• .Ordinance providing for the annexation of an approximate 11 acre tract of land on the east side of U.S.. Highway One directly north of Pride Plaza. The Village Attorney read the title of the Ordinance as follows: . "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA. • • ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA". • The Village Attorney explained that the west approximate 3 acres is to be Zoned C-2 with a Commercial Land Use Classification and the east approximate 8 acres is to be Zoned R-2, with a Medium Density Land Use Classification. The proposed use of the land was previously presented to the Village Council • by Randy Haisfield, the property is owned by Kings Surf Ltd. who had presented. a petition for annexation. The Village Attorney advised that the Ordinance would have to be advertised for four (4) consecutive weeks prior to the • .. second reading. Howell moved, second by Nelson "that the first reading of • the Ordinance be approved". The vote on the motion was: Howell - for . Nelson • - for Stoddard • - for Mackail - for • and the motion therefore passed, The Village Attorney advised that the applicant had requested informal review of the project on a concurrent. basis with the annexation process and would like to take the project before the Community Appearance Board. The Village Attorney noted this was previously done with the Lobster Shanty property. Attorney Barry Curtin, representing the applicant said they would like to have the project reviewed by the. Community Appearance Board, The Councilmembers had no objection to this procedure. Minutes of the Meeting March 25, 1986 Page 18 - 9b. The next item for consideration was a proposed resolution supporting and endorsing a proposed act of the Florida Legislature to amend Section ; 125.01 F.S. The Village Attorney said he approves the Resolution as to legal form. The Mayor advised that this Resolution:was the result of many meetings of the municipalities who get fire/rescue service from the County on a contractual basis, working with the Palm Beach County Municipal League and recommends that the Resolution be approved. The Mayor noted that the proposed amendments would provide that the cost for fire/rescue service be removed from. the Village's millage and would remove a potential liability risk of having fire/rescue crews getting into an accident and it would no longer be Tequesta's liability. He recommends approval and said- that the ultimate provision would . allow the Village to opt in' or out at the appropriate time. The Village Attorney read the ,Resolution entitled: "A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, SUPPORTING AND ENDORSING A PROPOSED ACT OF THE • FLORIDA LEGISLATURE TO AMEND SECTION 125.01, FLORIDA STATUTES, PROVIDING FOR AN EFFECTIVE • DATE AND FOR OTHER PURPOSES." Stanley Jacobs, a Village resident asked how this would affect North. County Ambulance and the Mayor said it would have no effect. . Mackail asked if it would have any affect on costs per run. Howell moved, second by Nelson . "that the Resolution be approved." . The vote on the motion was: Howell ' for Nelson - - for Mackail - for Stoddard - for and Resolution No. 5-85/86 was therefore passed and adopted. 9c) The next item for consideration was a discussion of newspaper machines. located on the South side of Tequesta Drive west of Riverside Drive. The Village Attorney reviewed what had been done to date in regard to this matter including his sending a letter to the owner of each newspaper machine. He said he believed the matter had gone beyond an administrative matter and thought it should be brought before the Village Council. He further advised that each newspaper involved had been advised of tonight's meeting and had been sent a copy of Attorney John Tynan's letter to the Village in behalf • 'of his clients, Mr. & Mrs. Richard J. L'abbe, 474 Tequesta Drive. Attorney Tynan appeared before the. Council and submitted a petition and two (2) letters . from area residents in favor of removal of the racks in front of the home at 474 Tequesta .Drive. He noted the location of five machines in front of his client's residence in a residential area. He said he was not attacking the newspapers or their right to sell the newspapers but they could be pur- chased from machines in commercial areas. He noted his clients have been • • Minutes of the Meeting March 25, 1986 Page 19 - • • • upgrading their property since purchasing it and did not believe it would be a deterent. to sales if persons had to go a little further to purchase news- papers. Nelson said the intersection was a bad corner for various reasons with a lot of traffic and that his home is only two houses away from the area to the south and he can hear cars stop sometimes. : Tynan noted. the Village did not have a.particular Ordinance pertaining to newspaper racks and perhaps Zoning Regulations could spread the locations for same out. . Charles Scripps, Jr., General Manager of the Courier-Journal spoke in favor of retaining the machines at the location, noting this was a high volume. rack for his paper, as high as 20 papers. He also noted that his machine was serviced in the afternoon and not in the early morning.. He also advise that there is a. U.S. Postal Box at the same location. He said he requests to be allowed to continue to distribute papers from the machine at this location and he has instructed their attorney to work with the Village . Attorney in working.out the rack problem. He said he sympathized with the L'abbe's but that traffic is not a newspaper problem. He stated he declined to remove his rack. Stoddard suggested that the Police Department make an analysis of the area. Scripps said he is willing to listen to any suggestions. The Mayor said the traffic in this area needs attention. Scripps said this is - an excellent location for newspaper racks, his best one and the users like the rack. Howell noted the residents of the area do not like the racks at this location. The Mayor again said the Police Department should make a study of the area. Scripps said he declines to remove his rack. The Village Attorney advised that The Wall Street Journal and New York Times had removed their : - machines after receipt of the Village Attorney'sletter. Tynan said he questions the issue of the Freedom of the Press, and believes it to be a "Red Herring". He is not trying to impede the sale of newspapers and asked why the racks could not be removed a little further east to commercial areas. People would buy newspapers elsewhere. • Gary Steele representing USA today said he agreed with Scripps' comments and favored trying to get the cooperation of all parties concerned but was concerned about a Newsrack Ordinance. The Village Attorney said the Village does not have a Newsrack Ordinance. The Village Attorney. said he is very familiar with Newsrack Ordinances and cases and does not want to see the Village get into a permitting problem but instead is looking for cooperation • from the newspapers. Steele said each probably should be looked :at.•on .an individual basis. Pete Denko representing the Miami Herald said he has not had a complaint in 3-1/2 years and noted there was a paved area in the public right-of-way . in front of the racks. He asked how many accidents had occurred in the area - due to the newspaper machines. Mr. L'abbe said the newspaper are sticking together to keep the boxes at this location. The Village Manager advised that Gary Evans representing the Palm Beach Post and Times had advised him he would put a notice on his boxes advising his customers to purchase the papers ,at Gallery Square North for the next week and then review the results. [ s Minutes of the Meeting March 25, .1986 • Page 20 - Stan Jacobs, Vice President, Long Range Planning Commission, said that, group is look at newspaper racks and said these racks are unsightly. Mrs. .L'abbe said there were three (3) boxes at first then five. (5) boxes. .- She also advised that the Building Department had advised that .how she could not build a block wall around the property and that trees or bushes near the intersection would have to be kept at a minimum height so that drivers*vviews would not be obstructed. She wanted to know when will the distribution of papers.;.from the newspaper machines cease so they can get peace of mind._ She said she had no problem with the mail box. Scripps.. said he had some concerns about the possibility of a newspaper machine =s Ordinance. Paul Coben, a resident of the Village across from the newspaper machines' in Gallery Square North said he sympathized with Mrs, L'abbe's . complaint about the. nuisance, although his was not quite as bad. It was determined to have the Police Department study ready prior to the April 8, 1986 Council Meeting. Domko:asked about notifying the newspapers attorneys of the meeting and the Village Attorney said he would be glad to if he would be • given their names. 9d) S ' ' The next item was the Village Attorney's discussion of the Sunshine. Law. He passed out the following items pertaining to same: (1) Page.1818, F.S'. 1985 Chap. 286, (2) The Florida Sunshine Law from the Florida Municipal Record. (3) Florida Sunshine Law by' Earl' L. , Kalil, Jr. " He stated additional infor- mation on the Sunshine Law is available from the Attorney General's office and he would get several of the books for the Village. He noted that all meetings must be public with the press being notified. He mentioned that Councilmembers are to avoid conflicts at all cost if possible. The law is very strict in this regard and their are many Attorney General opinions in regard to various 'instances concerning the. law. There are penalties for violation of the Sun- shine Law and urged the Councilmembers to avoid any action that might be in • conflict with the Law. He mentioned conflicts of interest and that members • cannot abstain from voting and must vote and file a conflict of interest . . . statement if any item directly affects them. He urged the Councilmembers to read the Village Charter and Code Book and know what it says. He advised that the Village of Tequesta is a Village Manager Form of_ Government and the . Village Manager is the Chief Executive, Officer to conduct the business of the Village on a day to day basis: He further-`rioted that their is to be no in terferance with the Administration Department and that Councilmembers wishing to speak with Department Heads should request to do same from the Village Manager. The Mayor said the various Council's actions have been unquestionable and they want the press at the Council Meetings. Howell asked about prior . friendships and business associations with Councilmembers and the Village Attorney said you must try to avoid any situation that might be a violation of the Sunshine Law. Pat Kloibei asked the Village Attorney who to bring a problem with a Sunshine Law to and the Village Attorney advised it should be taken to the State Attorney's office. He advised there are Criminal penalties but that , . • • Minutes of the Meeting March 25, 1986 Page 21 - of more importance is the fact that if a violation of the Sunshine' Law is found to have occurred any action taken by any Council, Board or. Commission could be thrown out. He referred to Palm Beach Zoning Ordinance being thrown .` • out for such reason: Kloiber asked the Mayor who was the "we" he kept men- tioning and the Mayor replied it wi was a collective "I". The Mayor said there were no Sunshine Law violations. 10a) The Minutes of the January 14, 1986 Council Meeting were accepted as submitted. : - 10b) The Minutes of the January 28, 1986 Council Meeting were accepted as submitted. . 10c) The Minutes of the February 11, 1986 Council Meeting were accepted with• several revisions 10d) The Village Manager's Report for the period February 23 through • ' : March 1986 was accepted as submitted. The Mayor asked if Step-Saver had replied to the Village's letter in regard to their free standing sign and was advised they had not. The Mayor asked the Village Manager to write Step-Saver a letter and request their appearance at the April 8, 1986 Council Meeting to discuss this matter. The Mayor asked about the revised Sign Ordinance and the Village Attorney said it would be ready for first reading at the April 8, 1986 . Council Meeting. The Mayor said he had also had some questions about the . Screening for the Boyhan Satellite Dish and the Building Official is to be contacted in regard to this. . 10e) The Financial Reports for February1986 are to be held over to the April 8, 1986 meeting. Nelson suggested that the standing water problem at the southwest corner of Riverside Drive and Tequesta should be looked into and the • Village Manager said this could be considered in the next year's budget. Mayor Stoddard briefly referred to the Palm Beach County Well Field Protection. Ordinance. The meeting was adjourned at 10:50 P.M. Respectfully submitted, ' Robert Harp Village Manager . RH:mk • Minutes of the Meeting March 25, 1986 • • • Page 22 - • Date Submitted • • Edward C. Howell • • Jill K. Gemino • Ron Mackail Edwin J. Nelson Carlton D. Stoddard