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HomeMy WebLinkAboutDocumentation_Regular_Tab 11D_04/08/1999VILLAGE OF TEQUESTA Post Office Boz 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (SGI) 575-6203 VILLAGE OF TEQUESTA SPECIAL VILLAGE COUNCIL MEETING MINUTES MARCH 18, 1999 I. CALL TO ORDER AND ROLL CALL ~]- L 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 AGRNDA Vice Mayor Hansen made a motioa to approve the Ageada as subrmitted. Councilmember Mackail seconded the motioa. The vote on the motion was: 1~lizabeth A. Schauer - for Carl C. Hansen - for SPBCIAL VILLAGE CO'UDTCIL ~sTl~ra M=r~oTEs March 18, 1999 PAGE 2 Joseph N. Capretta - for Roa T. Mackail - for The motion was therefore passed and adopted sad the Agenda was approved as svb~nitted. IV. CO~RDN'ICATiON FRS 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. iiade Griest, 494 Raver Road, commented everyone was praying fox' 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. sobs sibs, 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 10$ of payment. Mr. Gibs suggested that a two-year guaranty clause be made a part of contracts. Peggy Verhoevea, 18996 Point Drive, expressed sorrow at the illness of Mr. Cameron, congratulated the new Village Councilmembers, and raised a question of whether it was BPSCIAL VILLAGE COUNCIL STING MINOTES March 18, 1999 PAGE 3 proper for a village Councilmember~s spouse to serve on a Village Committee. vi Laameaea, 12 Palmetto 1Pay, 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 ENCC3N~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 severing, 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 SPEGIAL VILLAGE COIIDTCIL M68TING MINOTSS March 18, 1999 PAGE 4 Mayor explained that this was a special meeting called to Iet 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 DALAC$ TO SgAT NO. 2, AND ELIZABETH A. 3CSAVER TO'SEAT NO. 4, TEQUESTA VILLAGE COIINCIL, 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 end 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 03~24I1999 16:49 4076941591 SPECIAL VILL7-OS CODMCIL IDS:pIN3 ]~5~88 Larch 18, 1999 PA~iS 5 thanked Mr. Hansen for his gracious remarks. PAGE 01 Bohn G3ba 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. COI~SIDB~t]1TIOmT 08 B88I~U1TIOM OF ALSiA~iD~t it. (AL3C) G1MSa0~t, SSi-T DIO. 1, 7,'SQ0S8TA VILT+AOF CO~iCIL Village Manager Bradford read the resignation letter frown Mr. Cameron dated Monday, March 15, 1999 resigning as of 1~pri1 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. CaBneron. VI. C01~SIDSR~-TIOIff OF ApPOIHTI~lT OF P TO FILL TIC , IIUlKPIFBD TSA'1[ OF ALSZ11~iDSIt K. (~LSC) C~lQ;RO]If, CODlIfCIL7f81L8SR SEAT ~i'0. 1, 7,'~QDSSTA VILLAf3B COOYCIL. 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. spscrAZ vrr~r~nas conxcrL MssTr~ra Mr~o'rgs Marsh 18, 1999 PAas 6 Little's comments, he believed it would be appropriate to consider a person to fill Mr. Cameron's vacated seat at the next. _regrrrar meeting- --fate-iimember--Capretta--~emmefrte~-- 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 hat Che village had. .tried for years to get someone from Beach Roac~.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.rep~esent,ative 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 Ma.ckail 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. ix~ Mixv~rgs March 18, 1999 PAQ~L 7 Councilmember Mackail commented Mr. Blum was not present and had not attended the last Village Council meeting. Cowncilmember Mackail made a motion to appoint Mr. Hansen to fill the uaeapired term of Alexander 11. Cameron. village Manager Bradford reminded the Village Council that any appointment must be made effective Aril i, 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 Mack~til changed hia motion to be to apgoiat Mr. Cari Saasea to replace Mr. Cameron effective April 8, 1999. Russell Yon 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 ~iha, 78 Fairway, suggested any interested qualified person could send in their resume of qualifications for review and then the i7illage 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 Dalaek agreed with Mr. Giba, and commented that this was not an appropriate time to vote on filling the vacancy. Councilmember Dalaek stated it was his understanding that when a vacancy arose in 1997 because of a resignation, a number of Dames 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 Dalaek explained that he had prepared an article which he thought should be in Smoke Signals, and that the most important point 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 VILLAGS COIINCIL STING MINOTSS 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 °Rxhibit A". Covacilmember Dalack made a motion to place is aom~i.aatioa the names of Carl Hansen and Arnold L. Slum to be submni.tted to the village residents pursuant to tha proposed Smoke 3~tgaals article; that the article be publiBhed is Smoke SigaaZe; that advisory ballots be svibmitted to the village Council. by Apri1.7, 1999; that an advisory election be held is the manner suggested in the article that-he would submit ahquld: be included is ~o1l~e Sigaa3e ~-hich .~+ould be seat to every residence is the village. ~.Couacilmember .Dalack explained that the cost of the advisory ballot special envelope and insertion could be defrayed from funds that ~+ould otherwise be paid to him for his service as a member of the village Council, Village Attorney Randolph advised that the motion from Councimember 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 ~t the April $, 1999 meeting, and that although she considered Mr. Hansen to be completely qualified and had lost the election by sPSC=AL v=zr~Aas covrrc=L ~srar~a rsi~nrrss 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 he~.d°and the people who wanted to vote had voted. Councilmember Capretta explained that~:::if he were pushed into, voting at. tonight's meet~.ng,_ 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 enc~ of this subject. D~ayor Schauer called for a secoad to Couacilmember a6ackail's motioa. The motioa died for lack of a secoad. Mayor Schauer called for a secoad to Couacilmem~ber Dalack~s motioa. The motioa died for lack of a secoad. Cotincilmember Dalack made a motion that Mhoever the village Couacil selected to fill the vacancy be selected as a result of as advisory ballot dose pursuaat to the Kay he SPBCIAL VILLAGE COD~TCIL ~BTING ffiINGTSS March 18, 1999 FAGS 10 had suggested. Councilm~ber Dalack•a motion died for lack of a second. VII. ANY OTSSB ffiATTERS Councilmember Dalack thanked those who had voted for him acid Mr. Hansen for his gracious courtesy, and expressed his appreciation for the way everyone had handled themselves during the election. Sd 8esaik, Country Club Drive, that when he voted to elect someone to office he give 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 f-rom qualified individuals to serve on the Council, interview them, and make a selection. Mr. Resnik expressed~:b~is opinion that. if it was not done that way, the village CounCilmembers were not doing their fobs for which they were elected. Mr. Resnik expressed h a selection commi qualified individua of the people, whit was that he belie experience, middle serve the village stated this was h Councilmember must Resnik expressed h: out of the habit of .s personal belief that the Council as tee was mandated to select the best . that would serve in the best interests h was their job. His personal opinion ed MY'. Hansen fit that bill from his of the road approach, and desire to in a Continuing fashion. Mr. Resnik .s personal opinion and each village make that decision on their own. Mr. s opinion that the village should get 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 3P8CIAL VILLAGg COIINCIL FETING MING'1'SS 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. ADJOIIR~iT Couacilme~mber Ma,ckail moved that .the meeting be adjourned; Couacilmember Capretta seconded-:.the action. The vot® oa ... the motion was: ~ - glizabeth A. Scl~suer - for Joseph N. Capretta - for Basil 8. Dalack - for Roa T. Mackail - for The motion was therefore passed and adopted and the meeting was ad~ouraed at 8s26 P.M. Respectfully submitted, ., f Betty Laur Recording Secretary SPECIAL VILLAt~g COIINCIL b~$TIN6 ffiIN'iTP$S D~arch 18, 1999 PA6S 12 ATTEST: Joann Manganiello Village Clerk DP~.TE APPROVED "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 k'our 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 S~gna3s. 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 wha is at least eighteen years of age has the right to cast an advisory vote -- forrrtal registration is not a requirerrcent. 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 pf 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. ,t ,4 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." ~ 1 Village Councilmember Vi age Counci ember Seat 2 Seat 4 \ecr \Forms\Oath of Office