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HomeMy WebLinkAboutDocumentation_Regular_Tab 08A_09/28/2000 VII�LAGE OF TEQUESTA - Posc Offioe Bog 3273 • 250 Tequesta Drive • Suice 300 Tequesta, Florida 33469-0273 • (561) 575-6Z00 �"• Fas: (561) 575-6203 '1 i VILI�AGE +aF TEQUESTA SPECIAL VII�LAGE CUIJ�TCIL MEETIl�T� NII�TUTES SEPTENiBER b, 2000 � I. CALL TO ORDER AU1D R07�L CALL The Tequesta Village Council held a special meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Flarida, on Wednesday., September 6, � 2000. The meetin.g was called to � order at 4:00 P.M. by Mayor Joseph N. Capretta. A r.oll call was taken by Betty Laur, Recording Secretary. Councilm.embers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schauer, Councilmember Basil E. � � Dalack, Counci].member Geraldi.ne Genco, and Coun.cilmember Sharan Walker. Also in attendance were Acting Village Man ag�r and Village Clerk Joann Manganiello, and Village Attorney John C. Randolph. II. APPROVAL OF AGENDA Mayor Capretta requested that items N and V be swi.tched on. the agenda. � Counci].member Dalack made a mation to approve the Agenda as amended. Vice Mayor Schauer seconded the motion. The vote on tb►e abtion wa.s : � � . Joseph N. Capretta - for Elizabeth A. Schauer - �or Basil E. Dalack - for Geraldine Qenco - for . Sharon Walk�r - for The motion v�ras therefore passed and adopted arid the Agenda �� �a��i� � SP�C�AL YILLAGE COUNCIL �$�zx� rg�s Segt�r 6, Z000 PAL� 2 _.,____..---------------- was appraved as atnended. III. COI�JNICA�'ION �Lt7�! CITIZENS There were no Co�maa.unicatioas from citizens . N. TO REVI�7 AND RA��FY THE PETITTON SU�M�TTED BY "PAC� (P4LIT�GAL C:Q�I'��: ACTION COI�H�II'PT�E OF TEQUE3TA) FOR TE�E P°[7RPOS8 OF PLACINC� IT AS A. REFLRE1�iDUM FOR Si►CiTING IN TSE N�� z000 a�,�r. Vil7.age A�torney Randolp�, an.�ounced that becau.se of the �ature of the issue bei�g a Charter am.encl�.eat, he had consulted with an attorneg who had a specific exge��.ise in charter am.endments and initi�.tive petitions, David Cardwell with Holland aad I�n.ight. Attorney Randolph provided the memlaers o� the �illage Council with Attorney Cardwell'$ =esume, which indicated that his primary area of expert�.se was in 1QCa1 go�ve�nmental law including elec�ions, charters, �ublic office, axpd e�hics. His Clients in�luded supervisors o� el.ections, city clerl�s, public otficers, candidates, pol�.tical committees, and private parties participat3nq �.n t�.e election proces�. ,Attorney �a�dwell h,ad also written a �umber ot articles regarding constitutional amendm.ents, charter amendanents, etc. Attorney Randolph e�tplained he had felt that it would behoove eveatyflne to hcar from, someone with Mr . Cardwell' s expertise. A� the request of the Villac�� Attorney, Mr. Cardwell had looked a� two s�ecific areas of th.e iaw in connectian w5.th the petatioA. that had been filed, the fi�st being p�ocedural xe�.ating to whether the provisions of the Village charter relating to initiative were �pplic�,ble to the proposed charter amendxo.ent submitted by a petition of 6&0 people. His a�n.swer to tM.at was no, that Ghapter 166.031.1 was clear in its direc'tive and p�+pvided that a Charter may be amende�. by petiti,on. Attorn.ey Ran.dolph �xplained that in other words, no ordinance is rr�quired to be passed by the V�llage Cowa.cil to pass this issue o� to the Superv�isor of Ele�tions. The petition, howev�er, if passed on to �he Supervisor of El�ctions must be pas�ed tri.rough some formal action of the Villag� COL7riC].1� since that was what the st�itute required. The Vil�.age 1�ttorney SPSCIAL VILLA�E COUNCIL Mt�ETING MINQTE3 s�pte�er 6, 2000 PAGB 3 noted that he had thesefore prepared a Resolution in regard to that matter, which he also distributed to the m.embers o� the Village Council. The Resolut.ion stated that the petition had b�en received, that Chapter 166.031 of Florida statutes provided that the qoverning body of the municipality shall place the proposed amendme�.t contained in tl.ie petiti.on to a vote of electors, whereas tYi.e petitit�n has been filed by 10� af the regi�tered electors a� o� the las�t prec�ding municipal geaeral election and wh.ereas the � Supervisar of Elections has certified that the number of signatories is appropriate, etc., and that the Village Cowncil pass the q�estion on to the �lectorate. The second question addr�ssed by Mr, Cardwell wa� wheth�r the question proposed to be consid�red by the �lectorate was appropriate. Attorney Cardwell's opiniqn was distributed to the members of the Villag� Councii wi�h copies a�.so made available to others who were interested. Attorney Randolph reported that Attorney Cardwel]. had found that th.e text of the proposal was no� clear and un�mbiquous as required by State law; hosaever, most important was the absence of the teXt amendmen� front the charter. Village Atto�ney Rand.olph quoted from. Z�.ttorney Cardwell's opiuion: �lost i�tpQrtant3y, however, is the absence of the text of tr.�a.e amendraent to �he charter. 2`he petition mere3y states the subst�nce o� an amendment, but it does not contain the amendmers� its�If. The text o� the aa�eena�uent must be i�cluded in �he pe�i�ion fo.rm so the int�ividuaZ signi.ng the petition knpws exac�Iy wlzat he o.� she is appzovi.ng goiz�g �o the ballot. Furtherntore, in an initiat.�ve process, there is z�o opportunity for the goverr�ing body to change the p�tition or to draft the actua.l text o.t' the amenc�en�. AS set forth in tT�.is peti�3.on, the test is not tlie amenc�m�nt, but me��.Zy a sr�mmary of what such an amend�uent might be. This do�s not adequately inform tl�ie voter as to the actual amer�dmeA�t being considered. A voter may be in favor of the concep� set �ortl� .�x� the proposal, but not be in favor of the actr�al te.xt of tlze a�tendffient lhad it been prepared. �'he petition c�oes not fol.low fi�e statutory mand�te pf a Yes o� No vote. It instead uses "For� and "�igrainst. n �7hi1e not in compiiance w.zth t.he sta�ute, i;his does not appear to be deceptive o� unclea.� .zn its applica��on. �'he pe�ition does not have an effective date. Section 166.031, Florida Sta�ntes, sta�es that the effectiqe date �ust be set for� s�scr�c. vz� co�czL �zzxc� r.��s Septetrib�r 6, 2�00 PAC�E 4 ---------------.,,. __..___ in the ,petition or in the ordinance proposing the amenca�ent or is effective as provided 3.n the charter. In the tex� o� the Charter provided to me 1 dici not find any effective date prvvis�on. Therefore, thfs is a�other defect in the petition In my view, i;be abse,nce o� the amenca�tent text is a fundam�ental and fatal �law to the petitinn proposed �iy the Co.mtzii.ttee. In t�ie a.bsence of t:he text, the proposal ean be considered to .be nothfng more than a straw ba.Z.�ot or a di.�ective �v U'ilZage �otanci.I to prepare such an amendment and later svbm3t �.t to the voter� for �heir consideratior�. The Courses of act.ion asrailable ta t.�ie Villag� Council a� t.:his �oint include: (I) Forwsrd the petit�on to tb.e Superv.isor of E.Zecti.ons as is and ask tl�at �.� be p3aced on th� November generaZ eZectian ballot. f21 Re�ognize the defects .in the peti�ion for�a, particularYy including the absence of the text of the c�menc�ent, and not forward the .measure to the Supervisor o.£ ,EZections. (3) Fi�d the peti�ion form to be ds.�ectiv� and return it ta the Coma�.ttee to be corrected ar�d it,�ien circulated fqr signatures. (4} E`orward the petf �io�z t� the Supervisor af Elections but seek rev3.c�w of �h� pe�ition in �he a�,vpz�op.�iaiCe 2ega2 prviceedings to determi�e whether it shpuZd remain on th� ballot. The Village Attox�.ey advised that it was a policy decision for the Village Goun�il to decic�e how to handle this ma.tter, and would havs to be dec�ded at this meeting. Councilmember CYenca requested clari�'ication on the procedural review that if no action was r�eeded by the village Council, did that mean ha�ing thi� on an age�sda and doing �othi.ng would make it aQailab].e �ar the Supervisor af Elections on the November ballot. At�orney Ra.�.dolph claritied that if he had said no actioz� was required bx the Villagc� Cou,n.cil, he did not i�.tend to sag that; but he had 3P8CIAL VIL�AGE GOUNCIL MEETII� M�NQTEES 3eptemb�s 6, 2000 PACE 5 -�_-----�--------------- said that an ordinance was not required, and that some fo3rmal actian �ras required in order to pass it on to the Supervisor ot Elections, which was w�.y he had prepared the Resolutiot�.. Counci].xn.ember Genco questioned whether research had been done into the fiduciary or ethi.cal duties of th� Vi.1,3.age Council with reference to ad4pting or passing something lilte this . �'he village Attorr�ey r�sponded that it 2�ad been ir�.dicated by Mr. Caxdwell that under the 1aw it wauld be appropriate for the Village Council, if they determi.ned that the petition was not correct, not to pass i� on. CouxYCilm.ember Gencp questioned w3�.ether if the Village Council decided to i�npede �his ma�Gter after the �oters had submitted the pe�ition would they be open, to any type of maifeasance actian, to s�.ich Mr. Randolph responded not in his opinion, since the Village Council would be acting on th� advi�e at Counsel who was axk e�pert i�, this area. The Village Attorne� advised that the members of tl�.e Village Counci�. might wan� to take some time to read t1�e opin�.on, and that h� had just received it. �Tice Mayor Schauer requested tha� the V�.11age A,�torney paraphrase P�rr . Cardwell,' s opi.n,iaa. �Tillage �+ittorney R�.nciolph stated Mr . Cardwell had laoked at the procedural issue as to w�.ether o� not tY�e Vill.�ge Charter provi5ions whi.ch require an ordinance to be adoptEd for pu�poses of initiative and ref�rendum applies ix� the case of a Charter amendm.ent presented in the form af a petiti.on, Mx. Cardsa�ell's opinion was that the Village's Charter provisions on1.y apply to initiative and refe�rendum; the Village did not have a Charter provision which tells the Villa�e how to a�aend their Cha�ter. The only thing which ex.isted whicli tells the Vill�.ge how to amend their Chartes is Sectiou �.66.031 r�h.�.ch was t&e section followed by the petitioners in this case, an.d that Section provides that when a petition is presented that has t�n •percent of tYx.e electors v�rho were regis�ered at the last el.ection, then the govern.ing bod.y shall pass that on to �Che Su�ier�risor of E�.ections , The next que�tic�n Mx. Cardwell looked at was the substance of the question pre5ented in the petition. 1�'r. Ca.rdwell had referenced Florida law and indicated some mir� items required under Florida law-that the lengtY�. of the �xplanation is 75 words (which complied}; that the title must be no moxe than 15 words (which campiied); that the petition must be clear and unambigious (which he believed did not comply); but most intportantly, Mr. SPECIA� V'�LLAC�E Cf3UNCIL N�ETING MINUTLS September 6, 2000 PA�E 6 ��.��..���i������r�..��.n�r��� Cardwell said that the language itself tha.t would am.end the Charter was not submi.tted to the electorate, 50 the electarate w�uld not know what the Charter Amen�dm.ent was that they were �toting on. A]�l they would be voting on, M�. Carelwell said, was a que�tion of shall the charter be amended to require t�at Village Hall and ather services assoeiated therewith shall remain at 357 Tequesta Drive. Mr. Cardwell felt the petition was fatally flawed b�cause the petition did not submit the language af the amendment to the petitYOners who signed it and there was no opportunity to submit to tl�,e electorate the wording of the Cha�rt�r amendm.ent, so when the vote took place there wc>uld be no Charte� am.endmEnt before the electo�ate for them ta l�iok at and vote on. Mr. Cardwe7.l had indicated the various options he believed were open to the Village Council. Mayor Capretta asked the Village Attorney to regeat the part of Mr . Cardwell' s opinior� in whi�h he had dee�n�d th� petitibn to l�e fatally flawed. The Village Attoraey quoted: Ir� my v.�ew, the absence of the araendment tex� is a fundamental and fataZ flaw to the �netition pro�vsed by the Committee. In t.he absence vf the t�xt, the pro�vvosal can be consiclexed to be nothing atore than a straw ballot or a directive to V.�Zlage Couneil to pre,pare such an aru�nca'�xent and later subsnrEt .�t to the vvters for f�ieir consideration. Counci:lm.ember Dalack observed that the requests for a special meeting dated back to A.ugu�t �S; that the Supervisor of Elections certified thQre was an adequate number of signatures on A'ugust 23, and that it seemed to l�im that outside counsel sta.ould ha�re been requested to review the issue two weeks ago. Village Attorney Randolph responded that the qia.estian l�.aci bee� asked to outside cpunsel tahe� he had recei�ted the infor�ation, but the ans�rer had only been reGeived today. Councilmember Dalack stated he belisved there had b�en an undue del.ay and that h� did nat know if he agre�d wi.th the conclusions. Cow�nCilmember Da�ack statc�d that �Che crucial thing about whether somethinq was vagu� or ambigious was wh�ther it was reasonabl� to say that somebody who che�ked off a r�sponse did not know what th�y were doing; and �here was no question that the folks v�h.o cast thei�r votes on November sPECr� viz� cov�caz r�$TZr� rszxt��s september 6, 2000 PAC�E 7 7 wauld l�ow exactly what they were doing. Councilmember Dalack co�un.ented he would like to see the cases ci.ted that indicated the proposed amendment language had to be on the ballot, 'to which Attorney Randolph responded that no cases had been cited. Councilmember Dalack stated that the - substance of the proposed amendxaent was that the Charter was to be amended in a certain way, and he had read cases that would support the sufficiency of what the voter wa.s to understand that he was doi�a.g. Counci.lmember Dalack quoted a 5th District case which was against the Town of Lady Lake which dealt with the question whether an amendm.ent to the Charter to the Town of Zady Lake could be amended by referendum so as to provide for the location of Village offices. Village Attorney Randolph pointed that case required a Charter amendme�t which would give an opportunity to the electorate to vote if Village Hall was to be moved. Gouncilm.ember Dalack commen.ted th.e Circuit Couzt had said this was not a proper matter for the referendum, however, that decision was reversed by the�5th District Court. Councilmember Dalack quoted Article 8, Section 2, Municipa.�it3es may be establi.shed or aboZished and their Charters aaiended pursuant to ge�.eral or special Iaw. Councilmember Dalack stated the ballot question was too vague to be placed on the ballot and the word "feasible" was found no� to be so vague as to mi.slead the voters or to be so confusing to make its implementation by the Town Council impracticable. Councilmember Dalack stated that the test was: can we ma.ke practicable that . which the va�ers say on November 7. Counci.lm.ember Dalack referrec]. to another case, Bram.owitz against Glasser, another reversal of a tr.ial Court getting. a Cha�rter am.endm.ent off a ballot, where the 4th District held a summ.ary did not go into precise detail, and it was found that an intelligent vote was all that was required. Gounci.lmember Dalack commented that the petition told the voters what the proposed A�tn.endment sought and the Village could implem.en� that vote, at�.d he b�lieved there was no substantiative deficiency�that would prevent the Village Gouncil from sending this on. to the Supervisor of Elections and if there were some in.adequacy it could be challengetl subsequently. Councilmemb�r Dalack expressed his opinion that it was not within the purview of the Village Council to act as �. court to say the pxopos�d amendment �ras inadequate. Councilmem.ber Dalack advised that under Section s�c�w viLr� c�czL MBETING MINIITE3 " 3eptember 6, 2000 PAGE 8 ----------------------- 166.Q31 the voters could propose Charter amendments except for proposing changes in the boundaries of a munica.pality. Councilmember Dalack comm.ented the Village Coun.cil did not have the authority to delve into the fine technical points of the proposed Charter amendm.ent. Councilm.emb�r Dalack stated the premise was that a'Village Hall was going to be built and.the questian was where it �as to be built, which was appropriate to be placed on a Charter amendment. Councilmember Dalack commented that pursuant to 3ection 166.03Z, once the Supervisor of Elections had certified that a Sufficient niamber of signatures appeared on the ballot the governing body shall pass on the measure to be put on the ballot and the only exception to �hat would be if there were an, unquestionable insufficiency of the measuxe such as the violation of the pro�.ibition against placing boundary changes on. th� ballot; therefore, it incumbent upon the �''illage Co�ta.n�i.l to forward this to the 5upervisor of Electio�s. Mayor Capretta co�nented the petition had said all public builda.ngs of the Vil.lage of Tequesta must be built at 357 Tequesta Drive, whi.c� restriCted this and� all future Village Councils, a�d he was sorry it had bee� phrased this way because if the Police wanted to build a sub station � they could not do so on other land owned by �Che Village, since all futu�e builda.ng would be li.uu.ted to 357 Teqv.esta D�ive. Mayor Capretta commented �hat if the petition had • been ghras�d that the Village Council proposed building a new Pu,blic Safety building at 357 Tequesta Dri4e a�?.d a new Municipal Center downtown and asked whether the voter was in favor of that-yes or no-he would not have had a problem with the petition. Cvuncilm.ember Dalack responded he that did not draft the petition but that he had signed it, and he had just d�fended the proposition that it be placed on the ballot. Councilmember Genco commented the whole issue came back to the fact that the people wanted to vote on where they wanted the Village Hall to be located. Mayor Capretta indi.cated his feelings were that if a ref�rendum. had been proposed discussing the location of the Munic�.pal Center it would k�ave be�n a different story with hi�a, but this was amending the Charter for all time and he was not convinced the people knew what they were 5igni�.g in the sense that they were signing that all public buildings must be at 357 Tequesta Drive forever. Mayor Capretta stated SPECIAL VILLAGE CW�CIL I�ETING MINQTES September 6, 2000 PAGE 9 ----------------------- he believed in an election that this proposition would not pass, and he believed �his proposal to be flawed and did not favor this particular proposal the Taay it was phrased, and objected to the language itself. Mayor C�.pretta commented that voting for a location for a Village Hal1 would be fine but that was not what�tYa.e petition said and what it said was what the Village must go by. Counci.lmember Genco comm.ented that based on what she had heard, her interpretation was that the referendu�. as proposed was fatally flawed as a Charter am.ends�,ent and the language da.d aot fit w�at the Charter required; howe�rer, it met the intelligence test and she believed the people who read this understood that this would give them � choice which they had been denied so far, which was to have the Village Hall either located in the trici.nit� of 357 Tequesta Dri.ve or in the vicinity of JMZ Tequesta Plaza. Councilmember Genco stated that since she had been elected, at almost e�aery meeting someone had brought up this subject, and she felt the spirit of this referendum. represented what the people wanted. Councilmember Genco stated this was a democratic process, th.is wa� tY�e people's money, this was the equivalent of a Boston Tea Party, t�ation without representation; and people wanted to be able to say how their money was going to be spent-where the Village Hall was goi.ng to be located. Co�zncil.member Genco commented when the Village had had their road show they could have shown an alternate site but had taken that right away from people; that personally, the Village Hall would work well at either the present site or the downtown site. Co�ancilmember Genco con�nented Juna Beach had been held up as an exaatple and all their fa�il�ties were in oae place, and other municipalities had all their facilities in one place, and suggested that placing the Village Hall on the park adjacent to the present facility made more sense, but the people were not given that chaice. Councilmember Walker commented that she found Mr. Cardwell's letter interesting in that since the pzesentation was submitted to the Village Clerk's office she had taken tYze tim.e to call almos� 50 signers, the majority of whom she had never met, and had asked them why they had signed the petition. She reported that she had received fi.€ty different answers, and not one of them � sp�cr� vrr.,�E covrTCr� L�ETII+� MINtJTFS Septetober 6, 2000 PAGE 10 ----------------------- unders�ood that this or any future Village Council could not build another bu:i.lding at any location other than 357 Tequesta Drive . Council�aember Walker repo�tec� she had also receiv�d a number of calls as a result of the ad in the Jupiter Cour�er requestiag calls, and everyone who called had told her not to bother them with a referendum, that they had made their choiae in the Marc�.i election and r�ould make anoti�.er choice the x�ext Ma.rch. Courx.eilm.ember Dalack eommented that of the four options Nlr. Cardwell had indicated were open to the Vil].age Couri.cil, number four was the least objectianable, but either number one or number four would have to be followed since two and three we�e incons�stent because tYiey wou�d �equire acting as a judiciary and were not reasonable under Section 166.031.1. Counc�lmea�ber Dalacl� propvse�l. forwarding the petition and then seeking leqal proceedings as to whether i� should remain o� the ballat, and. comment�d time v�as a problem since the proposal must reach the Supervisor of Electio�s by 5 p.m, tlY+e next day ar it would not go on the bal],ot. Councilmember Dalack advised tha� if th.ere �aas a cl�.allenge tY�e C�ttzts �ld act wi�h expediency to ma.ke sure the validity was ruled on before No�rember 7�. Counci�member �n�o asked if �:n the future the need arose to �a.ave an office at ano'ther location whether the Village Counci.l could propose anotYier �har�er a�aendm.ent, �o which the Village Attorney responded that tk�e Village Council could propose � anten.dnaent by Ordirrance a�d it would then have to go to a vote of the electorate. Councilmember Geneo sta�ed �here was a way of c�eal�.ng arith that and the Village Council was really not boxed in, and proposed changing tlie v�rording to "printary municipality offices", to which the response was that the wording could not be �hanged but re.ust ga befort� the ��ec�orate as proposed in the petition. Vice Mayor S�hauer asked for clarification that Cauncilmex�rber Genco had be�n. proposing to change some 1ar�guage but that the Village Council could not change a single word in the peti.�ion beca�se that was what the 660 people had signed. Village Attorne3,r Randolph verified that Vice Mayor Sc�hauer was correct. Pat Watkins, 167 River Drive, expressed concern that it had been stated the people had had no voice in th.is issue, w�ien s�c� v�� covrrciz r�TZr� r��s September 6, 2000 PAG� il this issue had been discussed forever and for at least ten years the syesore of Tequesta Plaza had existed and now the Vi.11age was finally about to get something done with it; and commented that each of the Village Councilmembers were elected by constitutients Yaho knew what they ra.n on. Ms. Watkins commented Mayor Capretta had been very vocal about vaYxy he was *��nr� �*g-ta see this issue through. Ms . Aatkins commented that in electing the Village Council, the people hact had a say, and ar= additiona� concern was that a lot of people did not know what the petition said. Ms. Watkins stated she had been tald the petition simply gave her the right to vote and did not commit any buildings to this property. Ms. Watkins asked the Village Council not to forward anything that their constituti.ents did not understa.x�d anct she believec� the malority did not understaad it would force all municipal buildings to be built on this site forever. Robert Cook camm�nted Mr. Cardwel� was a fine attorney but asked the Village Council to keep in mind that an opinion was jta.st that--a�d tY�.at th� Village Council had had an opinion that EI�fiCON could not sewer, which had been proved wrong. Mr. Cook comxaek�ted on.e of the cases provided to the Villag� Attorney had been froan Orlando in which the language hac� bee�n ��gue and �ic��.ous and shou�d not be on the ballot, and the court had issued an opinion w�ether that was right. Mr. Cook co�e�rted that Attorney Randolph wo�.ld agree that on many occasions the courts had fs�und the opinion c�f �he At�arney Ger�.era� of ��ie State of Flo�ida to be incorzect. Mr. Cook stated that the primary reasdn tlli.s should be on the agenda was to give the people to vote on this issue, and it could not be done as suggested by Ma.yor Cagretta, whether �o b�z�ld a� or�e location or tY.ee other, because that was not binding on the Village Council. Mr. Cook st�.ted at the last meetiag he attended, Mr. Humpage had askad if the Councilmembers wc�uld put this to the vote of the people and tY�e M��or' s�sraer haa been he woulc� not, and three members had voted with him, so the only recourse to get som.ething an the ballot was far the Political Acti.on Committee to follow Section 166.031 which must lae placed on the ba11Qt unless �.t was vague and a�biguous as Mr. Cardwell had found. Jah.n. Giba, co�nented he Ysad s�en a lot of changes during SPBCIAL VILL�AGE COItNCIL MEETING MINQ7.'ES 3eptember 6, 2000 PAC�E 12 ----------------------- the past 31 years, the population had increased from Zess than 2,000 to over 5,000, a reverse osmosis plant had been built, the dxai.nage �►roblem had beea �olved, two shopping centers and several residential complexes had been built, all without a referendum. Nlr. Giba commented Shakespeare had said, shoot all the attomeys-which he believed was not far �rrong, since h� had gotten lost in a,ll the legalese. Mr. Giba stated the issue was whether the hands of Village Councils naw a.�xd forever shauld be tied, aad it could not be predicted what would happen in the next 40 years. Mr. Giba asked l�ow many of the 660 who had signed the petitioa were here today to help in the deliberations or had attencied even one workshap where the Village had presented their proposal. Nl�. Giba commented he had not seen a site plan crowdir�g all facilities on t�e p�esent site, or a traffic study, or a financial plan for that, aad the resideats coulc� not ]azow wY�at woulct 1�� arua,exed or wh.at ne�nr activiti�s or services might be needed in the future. Mr. Gi.ba quoted f�om a 2774 speech made by a British statesman. to his electorate which he deemed applicable to the current situation. Dana Anderson,48 Yacht Club Place, commented a leader was needed to cut people off after three minutes every time but that it should be dane and Robext's Rules of Order should be folloi�ed. Mr. Anderson commented he beiieved everyone on each side want�ct leadershzp ar�d e�rrre�yone shqu3.d only be allowed to speak three minutes. James Gibbs, 359 Beacon Street, �ommented he used to attend Counci.l meetings and had stopped before any of the pres�nt Coun�il had been there, wheri he had learned he could watch better comed.y on television. Mr. Gibbs stated he had signed tYie petitioa and his intellige�ce was insulted by statements that the people did not know what they were si�**; �+g, since he ]snew exact�.y rahat he was si.gning and had referenced it in law li.�raries. Nlx. Gibbs stated his opinio�, was tne resic�ex�ts were not gi.ven enough credi� for their intelligence. Mr. Gibbs stated he assumed a long- range plan had been desig�ed for ].f1-20 years so that a building would not be built where it could not be expanded and that the design would nat run out of space in two years . Nlr. Gi.bbs stated he hoped the Village Council could find a way to greas� the skid5 to let tY.cis go through, SPECIAL VILT+AGE CAUNCIL 1�ETING MINUTE3 September 6, 2000 PAC3S 13 ----------------------- including finding other consultants, since the one Mr. Randolph had found had been paid and therefore was on the side of th.e Village Council. Mr. Gibbs requested that the Village Coun.cil look at everything they could to give the Village rahat it wanted and commented that the Charter could be axaended again at any time. The Vil�.age Attorxrey advisect that the Village Council should decide how they were going to deal dri.th this. Councilm.ember Dalack referred to Mr. Giba's comments regarding killing all the lawyers, and e�lained that in the play from which that line was takea they had wa.xated the lawyers killed so the outlaws could take over since the la�rs were the defenders of the people. Councilmember Dalack stated that whether the Village Hall would be loc�.ted here or there was not the issue today, and refereneing Mr. Giba's comments regarding that issue, the time for that was tomorrow and November 7. Mr. Dalack stated that was clearly the choice to be made by the praposed amera.c�eat . Caunci:lmember Ua�ack comment�d that he would be making a mation and that if it was approved the Village Cot�rtc�� would not be saying that the Village Hall was 'to be located on this site, it woulc�. be saying that the � location of the Village Hall wota.�d be up to the public to determine. Caunciln�� Dalark m�de a a�tiorY to approve the � Resolution proposed by Village Attorney Randolph, read by `Tillage Attorriey Randolph as fo�lows: .A Reso.Iution of tlze 'Village Covnail of the Vii.Iage of �eqaesta, Pa2m �each �ouaty, F.�or�cta, aut,�sorzz�ag th� ��vi�or of EZections of �+�.I�tt 8ea+cii Couaty, F.Zorida, to p,Zace osa the baZlot far t� gexzeral ele�t,ioa of No�ember T, 2400, a proposeai ' an�ead�ent to t.iie Charter of the Village of Tegaesta, directYag �f.11le 'fii2lsge �erlc to fitra�.sh e certi.�3�t copp of i-h i $ 1Reso��ctioa to the Supervisor of EZeations; providiag aa effecti�e date. Cauncil�r C�nco seconded the motion. The vote on the motion was: �oseph N. Capr�tta - aga�i.nst Elizabeth A. Schau�r - against Basil E. Dalack - for �e�aldine Genco - for SPECIAI. VILLAGE CAUNCIL ML�ETINC� MINiJTEB September 6, 2000 PAGE 14 ----------------------- Sharan Walk�r - against The motion therefore failed. Vice Mayor Schauer commented sM.e had ]fnawn. this would be a very difficult decision. The V'ice Mayor reported she had spoken at leng�h with people who had signed the petition, • with Mr. Taylor, an.d with people �o had not signed the petition, an� �he reason she hac� voted against the motion was she felt there was total chaas in the community, which really botlzered her, and that if there ta'ere honesty and in.tegrity she would go for it, and that there was a perception ott�side that she did not like. The Vice Mayor coa�.ented that her integrity had been questioned, that she had only come to orr.e eouncil meetinq ia �he tim.e she had been on the STillage Gounca.�. whea she had not done her homewQrk, anc� �hat �ad bee�x because Qf a�amily emerqency. Vice Mayor Schauer stated she wanted a sense of community w:i..thin t}xe �illaqe which cauld be accr�mplished bgr all working together. The Vace Ma.yor stated that the Village Coun�il had been elected b� the peogle and their job was not easy. Vice Mayor Schauer comrnented that if there were 75 l�vayers readi.ng tlze same paper they� w�ould alI have different opinions. The Vice Mayor stated that Mr. Humpage had said �s �ssue v�as not going to� c�ie, but urged the residents to work together as a community, because chaos anc� neighbor agairrst nexghbor w�s riot nr�ed�d. The Vice i+�ayor comm.ented the �Tillage Council had done so muc�i for tl�.e peog].e, tha'� the�e were �� wha �ppxeciated i.t, and asked everyone to work together as a community. Couneilm.ember Dalack stated he hoped Mrs. Schauer ]�ew he had affection for her and nathing he had done �ras designed to question anyone's i.ntegrity. Councilmember Dalack commented that the Sunshine Law prohibited him. from haging a private conversation wii;h Mrs. Schauer, so he was going to have a public conversation, and stated that unfortunately, N�rs. Schauer's goal o€ having unity in the commuriity would not be accomplished by tonight' s vote--that the way tQ unify the community was to put this question to the people, letting whatever happened ha�,apen, and the�.the 'Village would be uni.fied ta go in a speci.fic direction. Councilm.ember Dalack stated he meant no disrespect to axiybody but he believed ton:i.ght' s action s�rved to continue to diQide the community, which was unfortunate, SPECIAT. VILLA�`rE COUNCIL I�ETING MINOTES September 6, 2000 PAGE 15 ----__..---------------- Villaqe Attorney Randolph cammentec� th.ree people had voted not to support passing this on to the Supervisor of Elections and advised. that there �hota:ld be soate reflection in the record as to why that was not done. Councila�s Dalack arade a nr�fia.oa to approve the Resclutian to forward the peta.tion to the 3upervisor of Elections bu� s�k rev�e� o€ � petition in the appropriate leQal proaeed3.ngs to c�etermi.ne whether it should �t �a on �he ballc�t . Eounci�m�r G�nco second�i the motion. During discussion of the m�tion, Vice Mayor 3chauer �sked €or c2ari€ica�.a�.o� t�a€ �a� was state�d in f.he motion was that the wording of the referendtun could not be clzau�ged, and asked if th� Court cot�d change the wording. The respoase w3s no from the Village Att�r�ey. Co��:ilm�-r Da�aelc €�the� c3.ar�€�e� that the court would either accept the a�nendment qr rule as insufficient and stz�.ke th� issue fram the b��.ot. The Vi11�Qe Attarney advised that if �his a�tion wa.s approved the�n a follow-up m�tian could be as s�g�e��� b� Co��il�er Aalack to authori�e the Village Attorney to seek expedited proce�inqs by fili.ag a dec�aratary j�einex�t seeking a ruling on the validity of the issue. The vot� on the netion was: Jos�ph b�. �apretta - agsinst Elizab�th A. Sahauer - agai.nst Basil L. IIalack - fo� t3eraldine Qenco - for Sisaron Walker - against The ar�tion therefore faile�d. Mayor Capretta comme�t�d .h� u,xaEckerstocsd people wanting to vote on. the location of the municipal complex, and he had na prol�lem v�r�.th that . �Yre Mayor explair�.ed that he had chosen to run again to stay on the V'illage Council in order to tear down the old Vil�age Hal� btxi.�.cting and have a aew � Public Sa�ety build�.ng so the firemen would not have to li.ve in rat-in�ested quarters, aact tl�se real �.ssue was whether the Village was going to be progressive and.build new, modern facilities. Councilmember Dalacls stated that �as not the issue. Mayor Capretta commented �.e believed sP$c�t vs� cornvciL r�TZxG rar�v�s s�te�r s, Z000 PA� 16 location was no� the only issue, and that he believed there was a group who would try to develop another proposal and slaw it dowx�.. TYie Mayor co�ented the residents could be assured tha�t new facilities could be b�u31t w�.thout a tax increase, but a gro�p of geop�e� co�tinually threw raacyblocks in because they wanted it exactly their way. Mayor �apretta co�eated that pub�ic meetings had been held on this for twelve years and at the last minute another � rvadb�oek was throwa ug, and the que��ion was �ahether that would be the only one. Mayor Capretta commented that Cauncilmember Dalack was right in that it would go on, and when the election for Village Council m�mbers was held people could express tY�ex�selves . Nl�yaa� �apretta commented that if a referendum was on the March ballot it had better be phrased in a way th�t brought up the real issue and not a baCk door method of trying to tie the hands of the Vil-lage �o�eil €or �h� next 25 years. Village Attorney Ran.dolph advis�d something was needed on tl�e record to state wY�y tlie Village covncilmembers were not supporting passing the petition on to the Supervisor of Blec�i.c��.s, and q�.estioned whether it was because they were acl�xowledging item 2, Recogrzzi2e the defects in t�.e petition forac, parti.cu�arly including the ak�rs�nce of the text of th� a3uendment, and not forward the measure to t1�e Supervisor � of Elections. �ouncilme�er Walker made a n�a�.on to re�oc�nize the defects in the petita�.on form, particularly includinq the absence of tlte text of the amendmer�t, and uot forward the measure to the 3upe�visor of Elections. Vice Mayor SChauer s��onded the a�tion . �he vote� on, the mation wa� : Joseph N. Capretta - for Elizabeth A. Sc.hane� - for Basil E. Dalack - against t3�ralc�ine E�en�4 - against 8haron Walker - for '�'he motion was therefore passed and adopted. V'. TO RECQNS�IIER THE QUESTION 4I�' STAYINC3 THE CONS'TRUG�YC?I�T sp$cr.� �rr� covNCZL r�TZ� ru�s Sept�r 6, 2000 PAGE 17 ----------------------- PROCE33 (OF VIL'LAGE AALL) PLNDIATG THE RESIILT OF TSE 1�CI�►�R ELECTION. Counci��r Genc:o made a mation to withdraw this agenda item. �ice Mayor Schauer seconded the arotion. The vote on the motion was: Joseph N. f;apretta - for . Elizabeth A. Schauer - for Basil E. Dalack - for �3eraldin� Ge�ico - for Sharon Walker - for The arc�tion was therefore passed and adopted. VI. ADJOTJRI�Il+�NT Counc�.lm�x Walker moved that the meeta.ng � adjourned. Counci].member Genco seconded th� motion. The vote on th� motion was: Joseph N. Cagretta - far Eliza�eth l�i. Schauer - for Basil L. Dalack - for � C�exalcline C3enco - for Sharvn �a�.ker - for �.'he motion was th�refbre passed and adop�ed and the m�eting aras adjott�ned at 5:29 p.m. Respeetfully submitted, Betty I,aur , �.2ecording �ecretary s�c�z vzLr� co�czL r�sgr�� rar�s se�teau�r 6, aooa PAQE 18 ----------------------- ATTEST : Joann Manganiello Village Clerk DATL �PPROVED: