HomeMy WebLinkAboutMinutes_Special Meeting_09/13/1999
VILLAGE OF TEQUESTA
Post Office Box 3273 250 Tequesta Drive • Suite 300
Tequesta, Florida 33469-0273 (561) 575-6200
Fax: (561) 575-6203
VILLAGE OF TEQUESTA
SPECIAL VILLAGE COUNCIL
MEETING MINUTES
SEPTEMBER 13, 1999
I. CALL TO ORDER AND ROLL CALL
The Tequesta Village Council held a special meeting at the
Office of the Village Manager, 250 Tequesta Drive, Suite
300, Tequesta, Florida, on Monday, September 13, 1999. The
meeting was called to order at 4:34 P.M. by vice Mayor Carl
• C. Hansen. A roll call was taken by Betty Laur, Recording
Secretary. Councilmembers present were: vice Mayor Carl
C. Hansen and Councilmembers Joseph N. Capretta and Basil
E. Dalack. Also in attendance were: village Manager Thomas
G. Bradford, Police Chief Stephen Allison, and Fire Chief
James Weinand. Mayor Ron Mackail was absent.
Councilmember Elizabeth A. Schauer arrived at 4:45 P.M.
II. APPROVAL OF AGENDA
village Manager Bradford requested addition under ANY OTHER
MATTERS of presentation by himself, Police Chief Allison,
and Fire Chief Weinand of plans for Hurricane Floyd.
Councilmember Dalack made a motion to approve the Agenda
as amended. Councilmember Capretta seconded the motion.
The vote on the motion was:
Carl C. Hansen - for
LJ
Recycled Paper
SPECIAL VILLAGE COUNCIL
• MEETING MINUTES
September 13, 1999
PAGE 2
Joseph N. Capretta - for
Basil E. Dalack - for
The motion was therefore passed and adopted and the Agenda
was approved as submitted.
III. COMMt7NICATION FROM CITIZENS
There were no communications from citizens.
IV. ANNOUNCSMgN'P AND NOTICE OF ATTORNEY/CLIENT SESSION
CONCERNING VILLAGE OF TEQUESTA V. PALM BEACH COUNTY HEALTH
DEPAR'I~NT, SF~ AND THE LOXAHATCHEE RIVER ENVIRONMEN'PAL
CONTROL DISTRICT (ENCON) AT A SPECIAL MEETING TO BE HELD
• ON SEPTEMBER 15, 1999, COMMENCING AT 5:00 P.M. IN THE
VILLAGE HALL COUNCIL CHAi~ffiERS, 357 TEQUESTA DRIVE,
TEQUESTA, FLORIDA, OPHSREIN A CLOSED DOOR ATTORNEY-CLIENT
SESSION PER F. S. 286.0111 (8) SHALL BE HELD. SCOTT G.
HAOPRINS, ATTORNEY.
Vice Mayor Carl C. Hansen announced:
1) Subject Matter of Meeting
2) Attorney/Client Session Attendees
a) Basil E. Dalack
b) Joseph N. Capretta
c} Carl C. Hansen
d) Ron T. Mackail
e) Elizabeth A. Schauer
f) Thomas G. Bradford
g) Scott G. Hawkins, Esq.
h) Jane Pastore, Ley & Marsaa Court Reporters
village Manager Bradford explained that the agreement
reached in negotiations required the Village to meet not
• later than September 15 and ENCON to meet on the 16th;
however, because of the approaching hurricane a meeting on
SPECIAL VILLAGE COUNCIL
• NBETING MINUTES
September 13, 1999
PAGE 3
the 15th might not be possible. Councilmember Dalack
suggested a possible telephone conference; Councilmember
Capretta suggested meeting after the storm. village
Manager Bradford explained that the Village's schedule was
dependent on what ENCON was willing to do. Councilmember
Capretta suggested having the discussion at this meeting,
to which village Manager Bradford responded that had not
been the agreement and also that the village's meeting
should not be a private meeting because litigation matters
were involved. Councilmember Capretta expressed his
opinion that litigation was not involved. Village Manager
Bradford commented that mediation was a legal strategy and
it had been decided by all parties that this mediation
would be closed door; therefore it would not be appropriate
for the Village to make it open door. vice Mayor Hansen
commented that it had also been decided to keep discussion
• within a small group and the Village Council would want to
k
h
'
now t
e whole Village Council
s feelings about the whole
issue. Councilmember Capretta commented that the opinions
of the Council could be obtained in other ways, such as by
phone. The Village Manager agreed, but cautioned that this
matter was extremely complicated and sensitive.
Councilmember Dalack requested and received clarification
that the purpose of the meeting announced for the 15th of
September was to have the Village Council hear what had
happened at the mediation, and based on that to recommend
to the village Attorney how to proceed. Councilmember
Capretta commented that his impression was that the
mediator had proposed a non-legal solution, or non-
litigation, and if all legal action was dropped on both
sides, all legal items would be off; but if both sides did
not agree then legal action would be back on. Village
Manager Bradford responded that if the village Council
rejected what was recommended there were other options
available. Councilmember Capretta suggested picking
another date instead of the 15th. Councilmember Dalack
questioned the purpose of closed door sessions, to which
• Village Manager Bradford responded closed door sessions
ld b
h
cou
e
eld to discuss either litigation strategy or
SPECIAL VILLAGE COUNCIL
• MEETING MINUTES
September 13, 1999
PAGE 4
litigation expenditures, and in this case it would be to
discuss litigation strategy based on what had happened at
the mediation. Councilmember Dalack questioned whether a
closed door session was needed to discuss whether to accept
a mediation proposal. Village Manager Bradford responded
that would still fall under a closed-door session.
Councilmember Capretta suggested including a rain date in
the announcement. Village Manager Bradford explained that
the reason that having the meeting by September 15 was
important was because ENCON met on the night of the 16th
and if the village Council accepted the recommendations of
the mediation ENCON would agree on the 16th to postpone the
litigation. Discussion ensued regarding changing the date
of the meeting to the 16th before ENCON~s meeting. Village
Manager Bradford phoned Attorney Scott Hawkins to see if
he would be available on the 16th; however, he did not
answer. The village Manager suggested that the
announcement be modified to state if the 15th was not
available due to inclement weather then the meeting would
be held at 4:30 p.m. on September 16, which would allow
time for a decision before the ENCON Boards meeting, and
that he would notify Attorney Hawkins.
Councilmember Dalack made a motion that the anaouacemeat
of the September 15 closed door session at 5 p.m. be
modified to state that if that time was not available due
to inclement weather or if a quorum was not available then
the meeting would be held at 4:30 p.m. oa September 16,
1999. Cowncilmember Schauer seconded the motion. The vote
on the motioa was:
Carl C. Hansen - for
Joseph N. Capretta - for
Basil E. Dalack - for
Elizabeth A. Schauer - for
The motion was therefore passed and adopted.
SPECIAL VILLAGE COUNCIL
• MEETING MINUTES
September 13, 1999
PAGE 5
V . ANY OTIiER MATTERS
Fire Chief weinand reported Governor Bush had declared a
state of emergency for the State of Florida, and Palm Beach
County had declared a state of emergency for the County,
which meant any hurricane-related purchases would be
reimbursable under FENS. Chief weinand reported that Palm
Beach County planned to issue an evacuation order that
evening for the barrier islands based on a category one
storm; and that the slosh model, which was based on the
rise of the tide and the storm surge, indicated that under
a category one storm the Country Club would be cut off and
that areas by the bridges, downtown, all roads to Jupiter,
U.S. Highway One, and Jupiter Island would be under water,
so that all main arteries would be cut off . Fire Chief
weinand explained that the Tequesta area was considered an
• evacuation zone under the County's Comprehensive Emergency
Plan because there would be no way for residents to get out
or to get emergency supplies in. Chief weinand explained
that the village was preparing according to their Hurricane
Plan and shelters would open at 7 p.m. for the public.
Evacuation would be ordered at 7 p.m. village Manager
Bradford clarified that the shelters were intended only as
a place of last resort, and residents should be urged to
evacuate. Councilmember Schauer questioned why Lighthouse
Cove had not been notified to remove the stacked tiles from
their roofs, to which the response was that they had been
notified by Director of Community Development Scott D. Ladd
but they had not complied, and that there were thousands
of tiles stacked on those roofs. Police Chief Allison
explained that all job sites not cleared were on a list
given to Mr. Ladd. Fire Chief weinand commented that if
Hurricane Floyd came closer than predicted, Tequesta would
experience category two or three conditions; and if it
became a category four or worse (a direct hit), then all
services would be vacated out of the village one vehicle
at a time, so that someone would be kept in the village
il
h
l
ibl
h
i
i
i
unt
ast m
e. T
e F
t
e
nute poss
re Ch
ef explained
SPECIAL VILLAGE COUNCIL
• MEETING MINUTES
September 13, 1999
PAGE 6
that one of the mistakes made during Hurricane Andrew was
not moving equipment out, and it would be better to move
it out and be able to bring it back in a couple of hours
rather than having it destroyed. Vice Mayor Hansen
questioned why announced repairs to Bridge 707 had not been
done, to which Fire Chief weinand responded that the
repairs had been postponed because of the hurricane, since
during the storm the bridge would need to be locked into
the down position. Councilmember Capretta questioned how
big a tidal surge at high tide would be needed to come into
Jupiter Inlet to travel to the north prong of the
Loxahatchee River to put the Country Club under water.
Chief weinand responded that the slosh model indicated
almost the whole Village would be under water in category
four or five storm conditions; however, the slosh model did
not include wave action, which would also be present.
• Village Manager Bradford explained that residents would be
worried about flooding from the ocean, but the surge would
back up the river into the tributaries, causing flooding
from the river on the other side of the Village as well.
Councilmember Schauer questioned how the announcement to
evacuate would be communicated to the residents. Village
Manager Bradford explained that all telephone callers to
the Village that day had been advised to evacuate. Fire
Chief Weinand explained that when the Village was under a
warning that evacuation should take place from the barrier
islands. Village Manager Bradford commented that now
everyone should leave. Councilmember Capretta commented
that people should be given a phone number to call to find
out when it was safe to return. Police Chief Allison
announced that 575-6210 would work. Fire Chief Weinand
commented that a cell phone would be set up at the Police
and Fire Operations Center, and that number was 379-7001.
village Manager Bradford commented that his cell phone
number could be contacted. Councilmember Dalack questioned
whether the official word was to evacuate, to which Village
Manager Bradford responded his son was currently in route
to Tallahassee, and Councilmember Schauer commented that
SPECIAL VILLAGE COUNCIL
. MEETING MIN[JTES
September 13, 1999
PAGE 7
she was leaving that evening for Sarasota. Councilmember
Capretta expressed concern that his neighbors had not
prepared adequately. Fire Chief Weinand explained that a
swamp buggy had been obtained so that people could be
rescued if necessary. Councilmember Capretta commented
that getting back into the Village after the storm could
be a problem because of limbs and debris on the roads.
Nichols Sanitation would be picking up the storm debris but
their time schedule was not known. village Manager
Bradford stated that the first priority was to make roads
passable. Fire Chief Weinand explained that chain saws
were available so that Village personnel could help clear
roads if necessary. It was announced that water would be
available even without electricity since there was
emergency power at the water plant, assuming the water
plant was not leveled and that water mains were not broken.
• Village Manager Bradford announced that non-emergency
village personnel would not work the next day, Tuesday the
14th, or Wednesday the 15th. Only police, fire, public
works, utility personnel, and the Village Manager would be
on duty. village Manager Bradford announced that he could
be reached by his cell phone. Various hurricane
predictions were discussed.
vii . AnJOCrRNr~NT
Councilmember Schauer moved that the meeting be adjourned.
vice Mayor Hansen seconded the motion. The vote on the
motion was:
Carl C. Hansen - for
Joseph N. Capretta - for
Basil E. Dalack - for
Elizabeth A. Schauer - for
The motion was therefore passed and adopted and the meeting
• was adjourned at 5:07 P.M.
SPECIAL VILLAGE COIINCIL
MEETING MINiJTES
September 13, 1999
PAGE 8
Respectfully submitted,
~~~~
Betty Laur
Recording Secretary
ATTEST:
Joann Manganie to
• Village Clerk
DATE APPROVED:
i~,/9~'9
•