HomeMy WebLinkAboutMinutes_Special Meeting_05/30/2006MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL SPECIAL MEETING
TUESDAY, MAY 30, 2006
9:30 A.M.
I. CALL TO ORDER AND ROLL CALL -The Village Council of the Village of
Tequesta held a Village Council Special Meeting at the Public Safety Facility Emergency
Operations Center (EOC), 357 Tequesta Drive, Tequesta, Florida, on Tuesday, May 30,
2006. Mayor Humpage called the meeting to order at 10:50 a.m. A roll call was taken by
Village Clerk Gwen Carlisle. Council Members present were: Mayor Jim Humpage,
Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member
Pat Watkins. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Attorney
Scott Hawkins, Village Attorney Ed Guedes, and Village Clerk Gwen Carlisle.
II. APPROVAL OF AGENDA
MOTION: Council Member Watkins moved to approve the agenda, as submitted; seconded
by vice Mayor Paterno; motion passed 4-0.
III. DISCUSSION AND POSSIBLE ACTION REGARDING BASIL E. DALACK VS
VILLAGE OF TEQUESTA
Ma or Hum a e noted as reviousl noted on the record, Council has met in a closed-
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door session with the Village Attorneys earlier in the day. He mentioned this Special
Meeting was to discuss the options. He explained Mr. Dalack has filed suit against the
Village, and in attempt to take his seat. He pointed out the Village's posture has been in
part guided by the Village charter, and since Mr. Dalack has opted not to take the Oath of
office, the Village has not seated him.
Mayor Humpage explained last Thursday, May 25, 2006 there was a Federal Court
Hearing with Judge Middlebrooks in Miami, and the Village had a resounding victory.
He mentioned Mr. Dalack was challenging the Village under the First and Fourteenth
Constitutional Amendment, and that Mr. Dalack feels his constitutional rights have been
violated. Mayor Humpage commented Judge Middlebrooks in rendering his 24-page
decision, found the Village was successful in depending the Village's position. He
indicated Judge Middlebrooks cited numerous case laws, and during his decision, he also
made mention the fact that Mr. Dalack has on other occasions taken the exact same oath,
that he refuses to now take.
Mayor Humpage stated the Village is very pleased that Judge Middlebrooks found for
Village, and at this point in time, Council has reviewed their options as to what the future
holds, because they are under the understanding that Mr. Dalack has filed an appeal in the
llt" Circuit Court to see if he can have Judge Middlebrooks decision reversed. He
• stressed the Village is confident they will prevail in the future, and that the decision was a
good one and very in depth.
MINUTES -Village Council Special Meeting
May 30, 2006
Page 2
Mayor Humpage indicated with that being said, the Council had some decisions to make.
He stated do they have a special election, or do they do nothing, or do they have an
appointment. He explained every Council member seated at the table, has the interest of
the Village at heart.
Attorney Hawkins noted as he has reminded them the discussion that occurred pursuant
to Chapter 286 at the executive session dealt with litigation strategies in connection with
the pending matter; he stressed it is incumbent upon Council that they can not disclose
the content of those discussions, and disclosure will occur once the litigation has run its
course. He asked that they be respectful of the statutory tenants that govern this
procedure.
MOTION: Council Member Watkins moved that the Village maintain the status quo, and that
Council hopes the appeal will happen in an expeditious manner, because the Council obviously
does not want this to go on any longer than possible, but at this point she felt it was in the best
interest of the Village to wait until Mr. Dalack's appeal has been heard. Mayor Humpage
clarified that Council Member Watkins' motion would be for the Village to wait until the appeal
process ended, and go from there. Council Member Watkins stated yes. Council Member Genco
seconded for discussion.
' Vice Mayor Paterno commented whatever was decided and voted on today he would
respect everyone's opinion of what was best for the community. He stated he did not
support the motion, because he felt the Village needed to move on and make a decision to
have this position filled. He indicated he would support Council in whatever decision was
made today.
Council Member Genco mentioned the reason Council needed the fifth member was to
not have a deadlock on votes. She commented Council interprets the Charter and the
Tequesta code the way it is written. She pointed out if everyone remembers the Council
Review Committee, and if they were seated on Council at the time they should remember
what Council Member Watkins said at the time; the code is to be taken literally the way
that is it written. She commented the code as written does not really provide Council a
clear way of declaring a seat empty nor calling for a Special Election. She felt Council
Member Watkin's decision to make the motion was in consideration of the fact that
replacing someone in that expedited field could take anywhere from 6 months to 8
months, and electing someone to that position under a special election process could
result in subsequent legal actions which could end up incurring more cost to the Village
residents. Council member Genco added that if Council were to decide to have a special
election it could leave the Council open to additional appeals and motions for objection
by the plaintiff, Mr. Dalack, which could also cost the people of the Village of Tequesta
additional funds. She felt it was in the best interest for the Village residents to wait out
the time frame than the additional cost. She expressed that in no way did she feel or
• anyone on Council feel what Mr. Dalack did was right and that his actions did not
represent the Village residents who elected him as a member elect.
MINUTES -Village Council Special Meeting
May 30, 2006
Page 2
She believed what Mr. Dalack was doing was interfering with Council's ability of
government, and that he was harming the Village residents. She stated that she has no
respect for Mr. Dalack, but she did not know how the other members of Council felt
about this. She indicated because the Village does not want to incur more costs and the
time frame of following this course of action is going to be almost the same as calling for
a special election recall, it was the smartest thing to do monetarily.
Mayor Humpage thanked Council Member Genco for her comments and expressed that
during the last hour prior to this meeting Council struggled with many options. He
believes Council needs to take the Village and its constituents into consideration. He
stated that it is human nature to want to strike back, or get even as the saying goes, but
while Council is extremely disappointed with Mr. Dalack, because he is not serving the
Village the way he should be; Council must control their emotions and instead use their
intellect. He commended Council Member Genco and Council Member Watkins for their
interpretation of the Charter and emphasized it was greatly appreciated. He said that he
knew that Council was not pleased at all with the Village decree on this position but must
do what is best for the Village.
•
MOTION: Council Member Watkins moved to approve the Village of Tequesta wait until Mr.
Dalack's appeal process ends before taking any further action. Council Member Genco
seconded the motion, which carried unanimously 4-0.
Mayor Humpage expressed at the risk of being too talkative; the Village will hopefully be
successful at the appellate level. He commended Judge Middlebrooks for his fine job in
the interpretation of his 24-page document. He concluded that the Village would work
with Council's attorney at the appellate stage, and if successful, Council will cross that
bridge and move forward. He thanked everyone for coming.
IV. ADJOURNMENT
MOTION: Council Member Watkins moved to adjourn the meeting; seconded by Council
Member Genco; motion passed 4-0
Therefore the meeting was adjourned at 11:05 am
Gwen Carlisle
Village Clerk