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HomeMy WebLinkAboutMinutes_Special Meeting_03/18/1999:~ 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 MARCH 18, 1999 I. CALL TO ORDER AND ROLL CALL The Tequesta village Council held a special meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Tuesday, December 15, 1998. The meeting was called to • order at 7:01 P.M. by Mayor Elizabeth A. Schauer. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Elizabeth A. Schauer, Vice Mayor Carl C. Hansen, and Councilmembers Joseph N. Capretta, and Ron T. Mackail. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, and Village Clerk Joann Manganiello. Councilmember Alexander W. Cameron was absent from the meeting. II. APPROVAL OF AGENDA Vice Mayor Hansen made a motion to approve the Agenda as submitted. Councilmember Mackail seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Carl C. Hansen - for C. SPECIAL VILLAGE COUNCIL FETING MINUTES Mareh 18, 1999 PAGE 2 Joseph N. Capretta - for Ron T. Mackail - for The motion was therefore passed and adopted and the Agenda was approved as submitted. IV. CO~~I[TNICATION FROM CITIZENS Hattie Siegel, 498 Dover Road, questioned what made this meeting special, to which Mayor Schauer responded she had wanted the public to know immediately of Mr. Cameron's resignation, and had asked the village Manager to call a special meeting to get this information to the public and to swear in the newly elected members. Mrs. Siegel did not • agree that a special meeting was legal. wade Griest, 494 Dover Road, commented everyone was praying for Mr. Cameron, and congratulated Mayor Schauer and Mr. Dalack on their recent election. Mr. Griest reported that at the last opening on the Village Council there had been confusion regarding who could serve, in which he had been involved, which he brought up in hopes there would be no confusion at tonight's meeting. John Giba, 78 Fairview Drive, inquired when the damage by the contractor to Tequesta Drive would be repaired; to which Village Manager Bradford responded the contract had not been finalized, the contractor had only met the requirements of the Davis Bacon Act last week, the final punch list items had not yet been dealt with, and it was the intention of the Village to have the dips in the road fixed. Mr. Bradford explained the Village was still holding back 10g of payment. Mr. Giba suggested that a two-year guaranty clause be made a part of contracts. Peggy verhoeven, 18996 Point Drive, expressed sorrow at the . illness of Mr. Cameron, congratulated the new Village Councilmembers, and raised a question of whether it was • SPECIAL VILLAGE COUNCIL NEETING MINUTES March 18, 1999 PAGE 3 proper for a village Councilmember~s spouse to serve on a village Committee. vi Laamenen, 12 Palmetto way, complimented the Village Council on the good job they had done in negotiating the Nichols contract. Mrs. Laamenen expressed concern at the development on the north side of Tequesta Drive, and near K-Mart which she believed to not be in keeping with the village remaining a small town. Mrs. Laamenen questioned what could be done to stop ENCON from installing low pressure sewers, and what ENCON's authority was, to which the response was it was all political at this point and to change their direction 50~ plus one vote was needed. Village Manager Bradford explained at 4 p.m. that day the Village was to have filed for an administrative hearing on • the permit granted ENCON by South Florida water Management. Mrs. Laamenen inquired what residents could do. Councilmember Capretta described the previous actions of the village which had been taken to try to stop ENCON. Mr. Tom Little questioned whether the 3-minute time bell had rung and stated everyone else had to stop after three minutes, to which Mayor Schauer responded was not true. Councilmember Capretta explained the petition for administrative hearing might delay the issue three years, and the Village had done everything they could to stop ENCON. Mrs. Laamenen apologized for upsetting Mr. Little, and stated she had only spoken one other time in twenty years, and that she did not object to sewers, only to low pressure sewering, and volunteered to do anything she could to help stop them. Mayor Schauer commented after the meeting she would give Mrs. Laamenen names of people she could contact. Tom Little, 486 Dover Road, apologized to Mrs. Laamenen. Mr. Little expressed concern that after the two newly elected members were sworn in that the Village would have no Mayor or Vice Mayor until the next regular meeting, and . quoted from the charter to support his position. Mr. Little requested guidance from the Village Attorney. The • SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 4 Mayor explained that this was a special meeting called to let the public know of Mr. Cameron's resignation, and the positions of Mayor and Vice Mayor could not be appointed until a regular meeting. village Attorney Randolph advised that under the charter, reorganization could not take place until the next regular meeting, and that because of the significance of Mr. Cameron's resignation he had indicated the newly elected members could be sworn in at this meeting so that they could work on Village business, and stated that the Mayor s term was not up until the next Mayor was appointed, so the Village would not be without a Mayor. The position of Vice Mayor would be vacant. Mr. Little stated he was not comfortable with the situation because he believed Mrs. Schauer would not be Mayor after she was sworn in. • IV. ADMINISTRATION OF OATH OF OFFICE TO BASIL DALACK TO SEAT NO. 2, AND ELIZABETH A. SCHAUER TO SEAT NO. 4, TEQU'ESTA VILLAGE COUNCIL, RESPECTIVELY. Vice Mayor Hansen congratulated Basil Dalack on his election and commented he hoped Mr. Dalack would be as happy and as challenged as he had been. The Vice Mayor thanked the people who had supported him and helped him during his campaign. vice Mayor Hansen commented that the worst thing about stepping down was he felt he had let some people down. The Vice Mayor stated he had learned a lot in this job and had got to know a lot of people and to know and appreciate the Village staff. Vice Mayor Hansen stated his service on the village Council had been a wonderful experience, and he hoped it would be the same for Mr. Dalack; and he was leaving with a good feeling regarding the state of the village which was in good shape financially and otherwise. The Vice Mayor thanked the Village Council and staff. Village Manager Bradford administered the Oath of Office to Elizabeth A. Schauer and Basil Dalack. Mr. Dalack ©3!24/1999 16:49 4D?6941591 • SP$CIAL VILLAaR COUNCIL xasrlNa xlrtoT$s March 18, 1999 PAt3$ 5 thanked Mr. Hansen for his gracious remarks. PAGE D1 John Giba expressed concern with the ongoing problem of people not speaking into the microphones, and stated he would like to donate lapel microphones if the Village Council agreed. Mr. Giba requested that the Village Manager purchase microphones and send him the bill. V. CODiSIDSRATION OF RBSIaNATION OF ALBYANDSR 1i. {ALSC) CAMERON, COUNCIL~tBSR 3$AT DTO. 1, TRQUSSTA VILLAaB COUNCIL village Manager sradford read the resignation letter from Mr. Cameron dated Monday, March 15, 1999 resigning as of April 1, 1999. Mayor Schauer announced that get well cards for Mr. Cameron could be sent to the village administration office and they would forward them to Mr. Cameron. VI. CONSID$RATION OF APPOINT,l~RNT OF P$RSON TO FILL TH8 ONBXPIR~ T$R'N OF ALRXANDSR 1P. (ALgC) C~RON, COUNCII~®038R SgAT NO. 1, TRQUSSTA VILLAag COIIDICIL. At the request of Mayor Schauer, Village Manager Bradford explained that a reorganization meeting had been scheduled for the next week, and when this special meeting was called it had been felt that the new members should be sworn in at this meeting and provide an opportunity to fill Mr. Cameron's seat so that at the next regular meeting there would be a full compliment of Councilmembers to appoint the Mayor, Vice Mayor, and to make the various committee and governmental representative appointments. Village Manager Bradford stated that the Village Charter stated the Village Council may appoint someone to fill a vacancy on the Council, but that they are not required to do so, and there was no requirement for a special election. • Councilmember Dalack commented that pursuant to Mr. • SPECIAL VILLAGE COIINCIL FETING MINOTES March 18, 1999 PAGE 6 Little's comments, he believed it would be appropriate to consider a person to fill Mr. Cameron's vacated seat at the next regular meeting. Councilmember Capretta commented tonight's agenda item was to hold a discussion regarding someone to fill the vacancy, and that there were two issues, to find someone qualified and someone willing to serve. Councilmember Capretta explained that there were three categories or places to find someone to fill a vacancy: (1) people who attended a lot of meetings and participated in government; (2) members of village Boards (3) people very active in the village. Councilmember Capretta named several people who regularly attended meetings or served on Boards that he considered qualified because of their participation in government. Councilmember Capretta commented one way to find people was • by geographic location, and explained that the village had tried for years to get someone from Beach Road to serve on the village Council so that area of the Village would be represented, and that future development between U.S. One and Old Dixie Highway would warrant a representative from that area. Councilmember Capretta explained that between now and the April 8 meeting the village Council members would be talking to people who were interested so that they could make a decision at that meeting, and suggested that people may be contacted to see if they were interested. Councilmember Mackail commented the election had certainly not been a landslide and the people of the village seemed to be split on a lot of things, and he believed many people did not realize the commitment required and the amount of time required of those serving on the village Council. Councilmember Mackail commented that it took him approximately twelve hours before a meeting to be totally informed of all the issues which would be considered at a meeting. Councilmember Mackail commented he felt Carl Hansen was the most qualified and most popular candidate. Councilmember Mackail expressed his opinion that Mr. Hansen had truly worked hard for the community and deserved an opportunity to fulfil some of his dreams for the Village. • SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 7 Councilmember Mackail commented Mr. Blum was not present and had not attended the last Village Council meeting. Councilmember Mackail made a motion to appoint Mr. Hansen to fill the unexpired term of Alexander w. Cameron. village Manager Bradford reminded the village Council that any appointment must be made effective April 1, 1999 or April 8, 1999 subject to that person being sworn in since Mr. Cameron's resignation did not take effect until April 1, 1999. Councilmember Mackail changed his motion to be to appoint Mr. Carl Hansen to replace Mr. Cameron effective April 8, 1999. Russell Von Frank, 489 Dover Road, cautioned the Village Councilmembers not to have despotism here and to search their souls and only to commit to what they had sworn to uphold. John Giba, 78 Fairway, suggested any interested qualified person could send in their resume of qualifications for review and then the Village Council could vote on those people, and expressed his opinion that he did not believe the appointment should be made at a special meeting. Councilmember Dalack agreed with Mr. Giba, and commented that this was not an appropriate time to vote on filling the vacancy. Councilmember Dalack stated it was his understanding that when a vacancy arose in 1997 because of a resignation, a number of names were submitted and a person was selected from that list, which was a method that obviously could not be done at tonight's meeting. Councilmember Dalack explained that he had prepared an article which he thought should be in Smoke Signals, and that the most important paint he had raised during the election was the use of Smoke Signals as a vehicle for informal referendums without the cost of a referendum. SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 8 Councilmember Dalack expressed his opinion that it would be best to get at least two names and submit those to all the residents of the Village with a form in Smoke Signals to be used as an advisory ballot. Councilmember Dalack distributed copies of his proposed article inaugurating a new Village policy of seeking the approval of the residents of the Village before voting on matters of great public importance to the other village Councilmembers and then read the article aloud, a copy of which has been attached to and made a part of these minutes entitled "Exhibit A". Couacilmember Dalack made a motion to place in nomination the names of Carl Hansen and Arnold L. Blum to be submitted to the village residents pursuant to the proposed Smoke S~gua.Zs article; that the article be published in Smoke Signals; that advisory ballots be submitted to the village Council by April 7, 1999; that as advisory election be held in the manner suggested in the article that he would submit should be included in Smoke S3gaaZs which would be sent to every residence in the Village. Councilmember Dalack explained that the cost of the advisory ballot special envelope and insertion could be defrayed from funds that would otherwise be paid to him for his service as a member of the Village Council. Village Attorney Randolph advised that the motion from Councilmember Mackail should be disposed of before considering the motion from Councilmember Dalack. Mayor Schauer stated her wish to make comments before calling for a second to Councilmember Mackail's motion. Mayor Schauer commented that she had not been under the impression that the village Council would nominate anyone at tonight's meeting, and that she had received a call from Tom Little stating he was interested in being considered to fill the vacant seat. Mayor Schauer expressed her opinion that nominations should be made at the April 8, • 1999 meeting, and that although she considered Mr. Hansen to be completely qualified and had lost the election by • SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 9 only four votes, she believed it would be in the best interests of everyone not to make that decision at tonight's meeting. Mayor Schauer stated she had not come to tonight's meeting with the idea that the Village Council was going to nominate someone to fill the seat. village Attorney Randolph advised that the motion made by Councilmember Mackail must be disposed of. Councilmember Capretta stated he agreed with Mayor Schauer, and that there was another choice to consider--that the vacancy could be filled by someone who desired to run in the next election or by someone who would only fill the unexpired term and was not interested in serving in the future. Councilmember Capretta expressed his opinion that the referendum process recommended by Councilmember Dalack should be researched as to when it was appropriate, and he • did not believe it was appropriate at this time because an election had just been held and the people who wanted to vote had voted. Councilmember Capretta explained that if he were pushed into voting at tonight's meeting, he would vote for Carl Hansen since he was the most experienced and had received the largest number of votes; however, he believed the vote should be made at the April 8 meeting. Councilmember Capretta stated he wanted the person filling the vacant seat to commit for a full term and to run in the election next March. Councilmember Capretta stated he had not discussed this with anyone at this time, but since both he and the Mayor felt a vote should not be taken at tonight's meeting, that was the end of this subject. Mayor Schauer called for a second to Councilmember Mackail's motion. The motion died for lack of a second. Mayor Schauer called for a second to Councilmember Dalack's motion. The motion died for lack of a second. Couacilmember Dalack made a motion that whoever the Village • Council selected to fill the vacancy be selected as a result of an advisory ballot dose pursuant to the way he • SPECIAL VILLAGE COUNCIL MEETING MINOTES March 18, 1999 PAGE 10 had suggested. Councilmember Dalack•s motion died for lack of a second. VII. ANY OTHER MATTERS Councilmember Dalack thanked those who had voted for him and Mr. Hansen for his gracious courtesy, and expressed his appreciation for the way everyone had handled themselves during the election. Ed Resnik, Country Club Drive, that when he voted to elect someone to office he gave them his confidence they would do the job they were elected to do and there would not be another ballot every time a decision was to be made to do their job for them. Mr. Resnik expected the Village Council to receive expressions of interest from qualified individuals to serve on the Council, interview them, and make a selection. Mr. Resnik expressed his opinion that if it was not done that way, the Village Councilmembers were not doing their jobs for which they were elected. Mr. Resnik expressed his personal belief that the Council as a selection committee was mandated to select the best qualified individual that would serve in the best interests of the people, which was their job. xis personal opinion was that he believed Mr. Hansen fit that bill from his experience, middle of the road approach, and desire to serve the Village in a continuing fashion. Mr. Resnik stated this was his personal opinion and each Village Councilmember must make that decision on their own. Mr. Resnik expressed his opinion that the Village should get out of the habit of governing by referendum. Joan Marshall, 343 Country Club Drive, stated she agreed with Mr. Resnik. Mrs. Marshall expressed her opinion that Councilmember Dalack was acting as an attorney, and his proposed article was very verbose, and wondered if • Councilmember Dalack really expected the people to read it or if they did if they would know what to do when they SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 11 finished reading. Mrs. Marshall expressed her opinion that because so few people got out to vote, the majority of people did not care what was happening and she agreed the Village Council must make their own decision. Mrs. Marshall stated she personally would give her vote to Mr. Hansen, and thought he had done an excellent job on the village Council. Mrs. Marshall requested that when the Village Council chose a replacement for Mr. Cameron's seat that they chose someone who has been somewhat active in government rather than someone who came up with an issue and even though they did not attend meetings decided they were qualified to run. VII. ADJOIIRNMENT • Councilmember Mackail moved that the meeting be adjourned. Councilmember Capretta seconded the motion. The vote on the motion was: Elizabeth A. Schauer - for Joseph N. Capretta - for Basil E. Dalack - for Ron T. Mackail - for The motion was therefore passed and adopted and the meeting was adjourned at 8:26 P.M. Respectfully submitted, C Betty Laur Recording Secretary • • SPECIAL VILLAGE COUNCIL MEETING MINUTES March 18, 1999 PAGE 12 ATTEST: Joann Mangani to Village Clerk DATE APPROVED: .~,i999 ~~ • "Exhibit A" • This, the April 1999 issue of Smoke Signals, inaugerates the new Village policy of seeking the approval of the residents of the Village before voting on matters of great public importance. Nothing can be a matter of greater import than the matter of determining who sits on the Village Council. Accordingly, the entirety of this issue is devoted to informing you about the two people who have been nominated to fill the seat vacated by Alexander W. Cameron, who, regrettably, was forced to resign because of ill health. Those two people, listed alphabetically, are Arnold L. Blum and Carl C. Hansen, who were the runners up for Seats Four and Two, respectively, in the election held on March 9, 1999. The Village Charter grants the Council the authority to • fill vacancies in the Council. At the March 18, 1999, special meeting of the Council, the members voted unanimously to submit the names of Blum and Hansen to the residents of the Village. The Council also voted unanimously that at the next regularly scheduled meeting of the Council (to be held on April 8, 1999) they will appoint as the person to fill the vacancy the person (Blum or Hansen} who receives the greater number of votes cast by the Village residents in advisory ballots that are included in this issue of Smoke Signals. Elsewhere in this issue, each of the two candidates has presented (in equally sized spaces) what he stands for and the reasons why you should vote for him. Furnishing this • information is the only campaigning the candidates are • allowed in this advisory election. Every resident of the Village of Tequesta who is at least eighteen years of age has the right to cast an advisory vote -- formal registration is not a requirement. The following is the method of voting in this advisory election. Included in this issue is an envelope bearing a printed address and printed postage on the front. On the other side of the envelope are printed lines that call for the following information: (a) the address of the household returning the advisory ballot, and (b) the name of each person living at that address who is at least eighteen years of age. Each household is to provide the requested information on the envelope it receives. If the information is not provided on any envelope, that envelope will not be opened for a tally of the votes it might contain. The advisory ballot that is also included in this issue • bears two names: Arnold L. Blum and Carl C. Hansen. Each person at least eighteen years of age in each household may mark the ballot at the space next to the name of the candidate that person chooses to vote for. For example, if a household contains six people at least eighteen years of age, each of those people may mark the ballot in the space next to the name of the candidate that person favors. Elizabeth A. Schauer and Basil E. Dalack, who were elected to Seats Four and Two, respectively, will select a third person as referee and those three persons will conduct the tabulation of the votes cast and will report that tabulation to the Council at the April 8, 1999, meeting. Completed ballots placed in the envelopes (with rthe requested information shown) provided (no postage need be placed on the envelopes) must be received by April 7, 1999, in order that the votes may be counted on that date. • • ~i • OATH OF OFFICE "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT, PROTECT AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA AGAINST ALL ENEMIES, DOMESTIC OR FOREIGN, AND I WILL BEAR TRUE FAITH, LOYALTY AND ALLEGIANCE TO THE SAME AND THAT I AM ENTITLED TO HOLD OFFICE UNDER THE CONSTITUTION AND THAT I WILL FAITHFULLY PERFORM ALL THE DUTIES OF THE OFFICE OF VILLAGE COUNCILMAN, ON WHICH I AM ABOUT TO ENTER, SO HELP ME GOD." "I do solemnly swear (or affirm) . that I will support, protect and defend . the Constitution and Government of the United States . and of the State of Florida . against all enemies, domestic or foreign . and I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold Office . under the Constitution . and that I will faithfully perform all the duties . of the Office of Village Councilman, on which I am about to enter, . so help me God." Village Councilmember Seat 2 Vi age Counci ember Seat 4 \ecr \Forms\Oath of Office CANVASS SPECIAL COUNTY & MUNICIPAL ELECTIONS 12:03pm Mar 10 1999 PALM BEACH COUNTY, FLORIDA MARCH 9, 1999 • VILLAGE OF TEQUESTA Precincts Counted 2 100.00% Absentee Precincts Counted 1 100.00% Registered Voters 3,613 100.00% Ballots Cast 1,215 33.63% COUNCILMEMBER - SEAT N0. 2 A. Basil Dalack 577 47.49% 6. Carl C. Hansen 573 47.16% Undervotes 42 3.46% Overvotes 23 1.89% Precinct Reg Blts %Trn A. %A. B. %B. Und %Und Ovr %Ovr 0002 2294 618 26.94 264 42.72 318 51.46 25 4.05 11 1.78 0014 1319 576 43.67 303 52.60 245 42.53 16 2.78 12 2.08 A021 0 21 ---.-- 10 47.62 10 47.62 1 4.76 0 0.00 ,] STATE OF FLORIDA COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 10th DAY OF MARCH , 19 99 . _ -,, r'-~ '`~ ~~`r ~. i ; ~. ~ - ~,"; ., .- ; ~, '; '~ _ - -, I ~~'1, • BY~I~l~..5Z0. ~ THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FLORIDA Page 1 CANVASS SPECIAL COUNTY & MUNICIPAL ELECTIONS Page 6 08:56am Mar 10 1999 PALM BEACH COUNTY, FLORIDA MARCH 9, 1999 Precinct A. %J1. B. Y.B. 0002 242 39.16 342 55.34 0014 276 47.92 273 47.40 A021 10 47.62 10 47.62 I~ L COUNCILMEMBER - SEAT N0. 4 A. Arnold L. Blum B. Elizabeth A. (Liz) Schauer Undervotes Overvotes Und %lJnd Ovr YAvr 20 3.24 14 2.27 15 2.60 12 2.08 1 4.76 0 0.00 528 43.46Y, 625 51.44% 36 2.9b~ 26 2.14% STATE OF FLORIDA COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 10th DAY OF MARCH , 19 99 • '~ THERESA LePORE _ ` SUPERVISOR OF ELECTIONS • -~ PALM BEACH COUNTY, FLORIDA - - - ,~~ I.i.