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HomeMy WebLinkAboutMinutes_Special Meeting_11/23/1999 I. CALL TO ORDLR AND ROLL CALL VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL MEETING MINUTES NOVEMBER 23, 1999 • • VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561) 575-6203 The Tequesta Village Council held a special meeting at the village Hall, 357 Tequesta Drive, Tequesta, Florida, on attendance were: village Manager Thomas G. Bradford, Attorney Clay C. Brooker sitting in for Village Attorney John C. Randolph, and Village Clerk Joann Manganiello. Tuesday, November 23, 1999. The meeting was called to order at 7:02 P.M. by Mayor Carl C. Hansen. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Carl C. Hansen, Vice Mayor Elizabeth A. Schauer, Councilmember Joseph N. Capretta, and Councilmember Basil Dalack. Also in II. APPROVAL OF AGENDA Councilmember Dalack requested clarification as to whether agenda item Iv was consideration of the folks who had submitted applications and that the Council would not vote on a selection at this meeting. Mayor Hansen explained that if there was a nomination that the Village Council could vote. Councilmember Capretta commented it was possible. vice Mayor Schauer made a motioa to approve the Agenda as submitted. Couacilmember Capretta seconded the motioa. The vote oa the motioa was: Recycled Paper • VILLAGR COUNCIL SPECIAL MEETING MINUTES November 23, 1999 FAGS 2 Carl C. Haasea - for Elizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against The motioa was therefore passed aad adopted aad the Agenda was approved as submitted. IV. COMMUNICATION FROM CITIZENS There were no communications from citizens. IV. CONSIDERATION OF APPOINZ~NT OF A RESIDENT AND REGISTERED VOTER OF THE VILLAGE OF TEQUESTA TO FILL THE UNEXPIRED TERM • OF RON T. MACRAIL FOR SEAT 5 OF THE TEQUESTA VILLAGE COUNCIL. Councilmember Capretta stated he would like to bring up another subject before individuals were considered: whether the Village Council wanted to appoint anyone at all. Councilmember Capretta commented he felt it was more appropriate to discuss that subject first and if it was decided the Village did want to appoint someone then individuals could be considered. Councilmember Capretta commented that at the last meeting on this subject, Mr. Berube had presented a case for appointing no one. Councilmember Capretta commented that only three of the present four members of the Village Council were elected; that Mr. Hansen was actually filling the seat to which Nlr. Cameron was originally elected. Therefore one person on the Council now had been appointed by the Council, and now the Council was considering appointment of another person; and although the village Council had the right to appoint someone, the question was whether the Village Council wanted to appoint someone. Councilmember Capretta • commented that when Mr. Cameron had passed away, with approximately a year left to serve out his term, there was • VILLAGE COUNCIL SPBCIAL DIETING ffiINtJTLS November 23, 1999 PAGE 3 no question whether to appoint a replacement because of the length of time and the desire not to operate with only four members which could mean 2-2 votes. If there was no one appointed at this time there would still be the possibility of a 2-2 vote; however, Councilmember Capretta stated that in his experience on the Village Council there had only been 3 or 4 occasions of 2-2 votes, and since Councilmember Dalack had been on the village Council there had only been one occasion of a 2-2 vote. Councilmember Capretta commented that one of the points brought up by Mr. Berube was an incumbent would have an advantage in the next election, and the question was whether the Village Council wanted to appoint someone for only three months and give someone that advantage. Councilmember Dalack commented there were only three meetings before the March election. Councilmember Capretta explained that in March he would be . up for re-election as well as Mr. Hansen, and someone for the seat vacated by Mr. Mackail, chairs 1, 3, and 5, and indicated that the question was whether the village Council wanted to have two appointees running at election time. Councilmember Capretta explained that he had no strong feelings either way, but thought the subject should be discussed. Couneilmember Capretta requested that the other members of the Village Council express their views on the subject of whether to appoint someone. Councilmember Dalack stated he had voted against the agenda because if there was a possibility of appointing someone tonight then he was against the agenda. Councilmember Dalack stated he had mentioned to one person directly and to one person indirectly that he would seek not to appoint anyone tonight, but to wait until the March election. Councilmember Dalack explained he had favored a straw poll by means of Smoke Signals; that he thought everyone who had applied was qualified to run and if there were no election process then someone should be appointed; however, there was an election process and there were only three meetings • left, and he felt very strongly that the seat should be filled at the March election. • vILZAG$ couNCIL SPACIAL FETING MINCTSS November 23, 1999 PAGL 4 Vice Mayor Schauer commented she had thought a lot about a straw vote and if one was done then names would need to be submitted for the straw vote. vice Mayor Schauer stated she believed it was the responsibility of the village Council to decide who was going to sit in Mr. Mackail's seat for the rest of the term. The vice Mayor stated she saw both the pros and cons, but it was unknown what would happen over the next two or three months and did not want a deadlock vote of 2-2 to happen, and expressed her opinion that a fifth vote was needed. Vice Mayor Schauer commented she thought the community had given the village Councilmembers the responsibility as elected officials to fulfill their requirements as elected officials and do what they believed to be the best thing for the community and that it would be doing everyone an injustice not to fill the seat, because if • there were a tie vote nothing would get accomplished. The Vice Mayor reported she had spent a lot of time, called everyone who submitted resumes to get their input, and these people had taken the time to submit resumes and she felt it would be an injustice to them if no one was appointed. Mayor Hansen agreed that someone should be appointed at tonight's meeting. The Mayor reminded the Village Council they had made a decision two to three weeks prior when Mr. Mackail resigned that they would ask for names, eight people had submitted their names, and that it was a hard decision to make then with only four months left until election, and at this time he believed someone should be appointed so they could sit at the December village Council meeting. Mayor Hansen stated that the Vice Mayor was correct in that there could be issues on which the Council would be deadlocked, and expressed his opinion that should be avoided. Mayor Hansen stated it would be a very hard decision to appoint someone tonight, but he believed that it should be done. Vice Mayor Schauer explained that one of the questions • vlzzAGE couNC=z SPECIAL FETING ffiINOTES November 23, 1999 PAGE 5 she had asked all the applicants was whether if they were appointed that they would run in the March election, and out of the eight applicants, five had answered affirmatively. The Vice Mayor indicated she had questioned each applicant and asked if they did not get appointed whether they would consider running in March. Two stated they would consider running in the election. The Vice Mayor stated the Village Council had asked people for their input and resumes, and she felt it would be an injustice not to appoint anyone, and indicated she had asked each candidate the same questions. Mayor Hansen commented there were two decisions: Trying to decide whether to select someone tonight and the selection itself. The Mayor stated that he and Vice Mayor Schauer were in favor of making the selection tonight. Vice Mayor Schauer commented to Councilmember Capretta that the position on this issue was 2-2. Councilmember Capretta commented he had not stated his position. Councilmember Dalack commented that the Village Council under the charter had the power and authority to do this but he believed the Village Council had a moral obligation not to do it because the election was not that far away, and he wanted the people of the Village to make the decision. Councilmember Dalack stated there had been only one occasion since he became a member of the Village Council that there had been a necessity for a fifth vote, and that the only time he had been opposed to anything was in regard to Tequesta Plaza, so he did not anticipate any difficulty. Councilmember Dalack made a motion to defer filling the vacancy created by the resignation of Mr. Mackail until that vacancy could be filled by the election in March. The motion died for lack of a second. Councilmember Dalack stated he would not vote for anyone. . that he could not participate, that his only form of protest was to leave, and that he had no animosity toward • VILLAGE COIINCIL SPECIAL FETING MINOTES November 23, 1999 PAGE 6 the Village Council or anyone in the audience. Mayor Hansen expressed his belief that Councilmember Dalack should stay to hear what the public had to say on this matter. Councilmember Dalack stated his mind was made up; this was non-negotiable and the seat had. to be filled by some sort of election process, either by means of Smoke Signals with people picking one of the eight candidates or waiting until the March election. Councilmember Dalack stated this was not a matter of anger but was a matter of principle, and he was against this process. Mayor Hansen stated that Councilmember Dalack had stated his position on the record and he thought that at least Councilmember Dalack could stay for the remainder of the meeting. Councilmember Dalack stated he could not stay if he was not going to make any difference in the vote, and that he was not going to vote • for anybody. Councilmember Capretta commented that although he had brought up the issue of whether to appoint anyone, that if the village Council was going to appoint someone he favored the village Council making the appointment and he did not favor the straw vote process. Councilmember Capretta commented that the straw vote process was a new process that Councilmember Dalack occasionally brought up; but the Village Charter contained a process for how to fill a seat when a Councilmember resigned or passed away, which called for the Village Council to make that appointment. Councilmember Capretta stated the only reason he had brought up the issue of whether to appoint someone was that it was so close to the next election. Councilmember Capretta commented since he had been on the Village Council there had only been two or three appointments. Councilmember Capretta commented to Councilmember Dalack that the village Charter did not have a straw poll via Smoke Signals asking for people to express their opinion. Councilmember Dalack responded that such a process could be made. Councilmember Capretta responded that the • Charter could be changed. Councilmember Dalack stated there was no necessity to change the Charter, but that it • VILLAGE COUNCIL SPECIAL FETING MINiJTES November 23, 1999 PAGE 7 would be a moral obligation as workshop for the sewering, to go people who responded. Councilmember not want to hold up the process Council was going to appoint someone to leave. it had been at the by the majority of Dalack stated he did and if the village tonight he was going Couacilmember Capretta made a motion to appoint someone to the seat vacated by Mr. Mackail's resignation at tonight's meeting. Vice Mayor seconded the motion. The vote oa the motion was: Carl C. Hansen - for 8lizabeth A. Schauer - for Joseph N. Capretta - for Basil Dalack - against • The motion was therefore passed and adopted. Councilmember Dalack left the meeting at this point. Mayor Hansen requested that Village Manager Bradford call the names of all the applicants. The Village Manager read the following list: 1. Dr. F. Taimour Carey 2. Geraldine Genco 3. Vi Laamanen 4. Ronald Poirier 5. Edward D. Resnik 6. William J. Russell, Jr. 7. Neal Vander Waal 8. Sharon D. Walker Russell von Frank questioned what had happened to his application. Mr. Von Frank stated he had submitted two applications, one for member of the Board of Adjustment • and one for member of the village Council. Village Manager Bradford explained he had thought bath • VILLAGE COIINCIL SPECIAL FETING ffiINOTES November 23, 1999 PAGE 8 applications had been for Board of Adjustment; however, Mr. Von Frank could be considered tonight. Geraldine Genco expressed concern that the fifth vote had been lost and under Roberts Rules of Order, the Chairperson must decide a tie vote which in this case would be Mayor Hansen who was an appointee rather than an elected member. Mayor Hansen expressed his thanks to everyone who had submitted an application, and commented that so many applications had not been received in the past for a village Council seat, and that he was happy to see so much interest. The Mayor stated that only one person could be chosen, and he hoped that the other applicants would not walk away after having expressed their interest • in possible service. Pat Hartley, 279 Country Club Drive, commented on qualifications of Sharon walker and urged the village Council to consider her appointment. Howard Search, 356 Church Road, also requested support for the appointment of Sharon Walker. Wade Griest, 494 Dover Road, expressed his opinion that the appointee should be an applicant interested in taking a future seat. Merrill Newman, 32 Pine Hill Trail East, spoke on behalf of Sharon Walker. Ed Resnik commented he had been a resident for 20 years and had applied for this position because he wanted to contribute and knew he could do the job. Russell Von Frank, 489 Dover Road, commented that • although he appeared to be a newcomer, his family had owned property here since 1968 and he had seen the rise • VILLAGE CODNCIL SPECIAL FETING MINIITES November 23, 1999 PAGE 9 --------------- of the Village. Mr. Von Frank reminded Councilmember Capretta he had previously stated he would not vote for anyone for Village Council who did not attend meetings, and asked the Council to consider how many of the applicants attended the meetings. Ron Poirier explained that he had been a Tequesta resident only two years but had lived in Jupiter 28 years and been manager of the Tequesta Publix 13 years, and had been involved in sports activities in the Village. Mr. Poirier expressed his interest in being involved with new projects such as a new Police station, Village hall, and Martin County Corridor. Jim Humpage, 426 Cypress Drive, wished all of the candidates success and emphasized that anyone appointed • must be willing to run in the next election. Sharon walker, River Drive, expressed her commitment to the village and asked that her recent activities on behalf of the village during the sewering issue be considered. Neal Vander Waal expressed his interest and familiarity with issues in front of the village Council, commented that his experience as a local businessman and Realtor would be helpful, and stated if he were appointed he would run in March. Mayor Hansen commented that the decision would be hard with so many qualified people. Councilmember Capretta explained he had changed his mind about not appointing anyone tonight because of the interested applicants, and stated he wanted someone who would run in March. Vice Mayor Schauer expressed her agreement and described her questioning of the applicants and stated this was one of the hardest decisions she had ever made. The vice Mayor • commented she had been amazed at the different ideas expressed by the applicants and urged them to attend the • VILLAGE COIINCIL SPECIAL MEETING MIND'TES November 23, 1999 PAGE 10 meetings and tell the Village Council of their ideas. Because of the perception in the Village that the members of the Village Council were biased to their own neighborhoods, she had questioned each applicant on that issue, and each had assured her they would represent the whole Village. The Vice Mayor explained she had also asked each what they would like to accomplish and what the Village Councils main objective should be, and how they felt the Village Council had done their job, and their answers had given her a new way of thinking in the future. The Vice Mayor expressed her opinion that another female viewpoint was needed. Vice Mayor Schauer made a motion to appoint Sharon Nalker to fill the vacant village Council Seat Number 5. Couacilmember Capretta seconded the motion. During • discussion of the motion, Mayor Hansen stated this had bees a very, very difficult decision, and invited the people who were not appointed to call him if he could help them. Couacilmeomber Capretta commented he had been trying to find samaeone out of the Country Club who would be interested is becoming a member of the Village Council, and that people who came to the meetings criticized the Council for having so many members who lived is one area. Couacilmember Capretta recommended that the next time a Board member or Com®ittee member was needed that these applicants be contacted, since there would be a co®m4ittee working oa the new Village Hall and Public Safety building, and commented that Couaailmember Dalack could have a straw poll to get input. Couacilmember Capretta explained he had a dream of what he wanted the village to became whoa he had joined the Council, and he would like others who wanted to do something about their dreams for the Village. The vote on the motion was: Carl C. Hansen - for • Elizabeth A. Schauer = for Joseph N. Capretta for • VILLAGE COUNCIL SPECIAL FETING MINiJTES November 23, 1999 PAGE 11 The motioa was therefore passed sad adopted. vice Mayor Schauer urged each applicant to continue to attend the village Council meetings and become involved, and commented that some of the ideas applicants had expressed had been to look into Public Safety, to keep the Village residential and small with a home town feeling, to improve both community and commercial interests, to look at a total upgrade of underground utilities throughout the Village, to pursue reverse osmosis and to look at the entire Tequesta Center and think about utilization of the Village-owned property, to focus on the 7-1/2 acres near the post office to be sure it blended with the existing village, and to look at the Western Corridor. Mayor Hansen added he had also spoken to all the applicants and discussed current issues and/or concerns including Tequesta Plaza, building a new village Hall, fire and police, and the candidates had expressed their support for those issues, which Mayor Hansen had been really pleased to hear, and stated this had been a good learning process for him. VII. ANY OT88R NATTERS vice Mayor Schauer commented that in going over previous meeting minutes, she had noted that Mayor Mackail had asked village Manager Bradford to look into a Planning and Zoning Commission, and questioned whether the Village Manager was pursuing that request. village Manager Bradford responded that Mayor Mackail had brought up doing away with the present Board of Adjustment and Community Appearance Board and creating a Planning and Zoning Commission which would handle both variance and appearance issues. Village Manager Bradford explained he had obtained an ordinance from another town, but had not pursued the matter since • Mayor Mackail had resigned since he did not know whether the Village Council wanted it. All of the Village Council • VILLAGE COUNCIL SP$CIAL ~BTING MINUTES November 23, 1999 PAGE 12 members expressed looked into the available. interest in having the village Manager matter to see what alternatives were Sharon Walked thanked the Mayor and Village Council for her appointment. Vice Mayor Schauer requested that Village Manager Bradford write a letter to each applicant thanking them for applying and encouraging them to stay involved with the Village. Village Manager Bradford stated that the first order of business at the next meeting would be to swear in Sharon walker so that she could take part in the meeting, and stated he would send her the appropriate information. Village Manager Bradford inquired whether it was the • intention of the Village Council to have Mrs. Walker serve on the same committees that had been Mr. Mackail~s responsibility. The consensus of the Village Council was to have Mrs. walker replace Mr. Mackail on the committees unless he had been Chair of a committee. Village Clerk Manganiello inquired whether the Council had given any direction in regard to a Planning and Zoning Board. It was clarified that the Village Council wanted Village Manager Bradford to bring available options to the Council. XIII. ADJOIIRNMBNT vice Mayor Schauer moved that the meeting be adjourned sad wished everyone a happy Thanksgiving. Couacilmember Capretta seconded the motion. The vote oa the motion Wass Carl C. Hansen - for Elizabeth A. Schauer - for • Joseph N. Capretta - for VILLAGE COUNCIL SPECIAL MEETING MINUTES November 23, 1999 PAGE 13 The motion vas therefore passed and adopted and the meeting mas adjourned at 8:10 P.M. Respectfully submitted, n Betty Laur Recording Secretary ATTEST: Joann Manganie o Village Clerk DATE APPROVED: ,C~.c.,,Y~,,~.~,i~ 9 , /9 9 ~ • 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 5 \ecr \FOYIriS\Oath of Office