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HomeMy WebLinkAboutMinutes_Regular_01/13/2005• MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, JANUARY 13, 2005 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:03 P.M. A roll call was taken by Village Clerk, Gwen Carlisle. Present were: Mayor Pat Watkins, Vice Mayor Geraldine A. Genco, Council Member Edward D. Resnik, Council Member Russell J. von Frank, and Council Member Jim Humpage. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Attorney Scott Hawkins, Village Clerk Gwen Carlisle, and Department Heads. Mayor Watkins welcomed and thanked everyone for attending the Meeting. II. INVOCATION AND PLEDGE OF ALLEGIANCE • Mayor Watkins give the invocation and led the pledge of allegiance to the flag. III. APPROVAL OF AGENDA MOTION: Council Member von Frank moved to approve the Agenda, as amended; seconded by Council Member Humpage; motion passed 5-0. Vice Mayor Genco removed Item V. (H). Council Member Humpage removed Item V. (D). Council Member Humpage asked for a correction on Page 22, of the November 18, 2004 Regular Council Meeting Minutes. He noted Mr. Bertholf's first name was Ward, instead of Wade. He asked that the Minutes reflect the change. IV. PRESENTATIONS AND PROCLAMATIONS 1. Presentation by Ms. Sharon Walker, Loxahatchee Historical Society Ms. Sharon Walker, President of the Loxahatchee Historical Society and former Council Member thanked Council for contributing $1,000.00. She explained the Loxahatchee Historical Society was the caretaker of the Jupiter Inlet Lighthouse, and that a majority of their contributions go to the maintenance of the Lighthouse. She commented each year the Society has a very successful annual fundraising event, Twilight at the Light. She . mentioned to the recent hurricanes the annual event was reformatted into a MINUTES -Village Council Regular Meeting 01/13/05 Page 2 • bigger fundraiser where the community could sponsor one of the steps of the Lighthouse, the catwalk, or the light. She explained the Village was the proud sponsor of Step 105, and as a token of appreciation she and Vice President Roger Buckwalter were presenting a Joseph LaPierre signed and numbered print to Council. She asked if there would be a place in the Village to display the print. Mayor Watkins suggested the new Village Hall when completed. Ms. Walker invited Council, as a sponsor, to an event similar to the Twilight at the Light, on January 22, 2005 from 4:00 P.M.- 6:00 P.M. Vice Mayor Genco asked whether the Society was still accepting sponsors for the steps. Ms. Walker indicated Step 101 and the catwalk were still available. Vice Mayor Genco thanked Ms. Walker for all her service to the Society and Village of Tequesta. She apologized to Ms. Walker for not understanding the difficult times she had as a previous Council Member, and now with the experience could understand. Mayor Watkins thanked Ms. Walker for the presentation and attending the Council Meeting. 2. Presentation to Vice Mayor Genco for Certificate of Completion for the Advanced Institute for Elected Municipal Officials. Village Clerk Gwen Carlisle mentioned the Village received a certificate for Vice Mayor Genco for completion of the Advanced Institute for Elected Officials. She thanked Vice Mayor Genco for attending the classes sponsored by the Florida Institute of Government. Vice Mayor Genco pointed out the classes give good information to elected officials regarding finance, sunshine law, and current issues that Municipalities face. She recommended new Council Members take the basic course to inform them on various government issues. Mayor Watkins thanked Vice Mayor Genco for her attendance. V. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Vice Mayor Genco removed Item V. (H). Council Member Humpage removed Item V. (D). MOTION: Council Member Humpage moved to approve the Consent Agenda, as amended; seconded by Council Member von Frank; motion passed S-0. • 2 MINUTES -Village Council Regular Meeting 01/13/05 Page 3 Therefore the following items were approved on Consent agenda: A. Planning and Zoning Advisory Board Meeting Minutes November 8, 2004. B. Village Council Regular Meeting Minutes November 18, 2004. C. RESOLUTION 30-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 8, 2005, AND IF NECESSARY THE MUNICIPAL RUN-OFF ELECTION TO BE HELD TUESDAY, MARCH 22, 2005, FOR THE PURPOSE OF ELECTING COUNCIL SEATS 2 AND 4; WAIVING THE REQUIREMENT OF SECTION 2-251 THAT INSPECTORS OF ELECTION SHALL BE QUALIFIED VOTERS IN THE VILLAGE BY ALLOWING TFE INSPECTORS OF ELECTION TO BE QUALIFIED VOTERS IN PALM BEACH COUNTY FOR THE MARCH 2005 ELECTIONS; DESIGNATING POLLING LOCATIONS, ELECTION OFFICIALS AND INSPECTORS OF ELECTION; ESTABLISHING ELECTION PROCEDURES; PROVIDING AN EFFECTIVE DATE. • E. Council approval for Budget Appropriations in the amount of $132,244.00, the amount not spent in fiscal year 03/04 to be appropriated and budgeted into fiscal year 04/05: ^ General Fund #001, $6,058.00, for the purchase of a SCBA unit and SCBA system; ^ Capital Improvement #301, $64,500.00, for pathway improvements in Constitution Park, and pathway improvements during the installation of the Raw Water Main; ^ Capital Projects #303, $4,686.00, for a roof over a generator at the Public Safety Facility; ^ Water Utility #401, $57,000.00, for the installation of the Raw Water Main. F. Council acceptance of the budget adjustment of $117,251.00 to re-allocate Insurance from account #001-160-545.300 General Government into the appropriate departments. G. RESOLUTION 33-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A WATER SERVICE AGREEMENT WITH SUNDOWN DEVELOPMENT, OF JUPITER, FLORIDA, ALLOWING • THE EXTENSION OF THE WATER SYSTEM INTO THE CASA DEL SOL SUBDIVISION, AND HAVING A CAPITAL CONNECTION 3 MINUTES -Village Council Regular Meeting 01/13/05 Page 4 • REVENUE OF $107,429.78 AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED ON BEHALF OF THE VILLAGE. I. Council approval for an Agreement between the Village of Tequesta and Jupiter Hills Country Club, Inc. for Provision of Bulk Rate Water Service. END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA D. RESOLUTION 31-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, INCREASING THE VILLAGE'S CONTRIBUTION TO THE VILLAGE EMPLOYEE -FIRE PENSION FUND #601 TO 9.94% OF PAYROLL, THE VILLAGE EMPLOYEE - GENERAL PENSION FUND #602 TO 8.73% OF PAYROLL AND THE VILLAGE EMPLOYEE -POLICE OFFICERS PENSION FUND #603 TO 7.55% OF PAYROLL AND APPROPRIATING AND BUDGETING FUND BALANCE FROM THE FOLLOWING FUNDS TO BE BUDGETED TO PAY FOR THE INCREASE IN REQUIRED PENSION FUND CONTRIBUTIONS. • GENERAL FUND #001 $36,614 • • WATER UTILITY #401 $ 2,170 • STORMWATER #403 $ 160 MOTION: Council Member Humpage moved to approve discussion of Resolution 31- 04/05; seconded by Council Member von Frank. Village Attorney Hawkins read for the record the title of Resolution 31- 04/05. Council Member Humpage indicated he removed this item to clarify for the public the percentages as presented. He asked Ms. Joann Forsythe, Finance Director to explain the increases for the Pension Funds. Ms. Forsythe noted during the budget time the Village did not have the actuarial report. She indicated when the report was received the amount of the yearly contribution, based on payroll, was higher than anticipated. The reviewed the percentage increases: Employee General Pension Fund - 7.47% to 8.73% Employee Police Officers Pension Fund - 3.91% to 7.55% Employee Fire Pension Fund - 8.47% to 9.94% Vice Mayor Genco commented as a member of the Public Safety Pension • Board the information the Board reviewed was based on the actuarial reports. She indicated her concern was that the some of the information 4 MINUTES -Village Council Regular Meeting 01/13/05 Page 5 • regarding the Board actions were not reaching the Village's finance department. She hoped the communication would improve with a new plan administrator Village Clerk Gwen Carlisle. MOTION: Council Member Humpage moved to approve Resolution 31-04/05; seconded by Vice Mayor Genco; motion passed S-0. H. Council approval to accept a donation of $9,000.00 from an anonymous donor to be used to install CJNET on computers within the Police Department. MOTION: Council Member Humpage moved to approve acceptance of the donation of $9, 000.00 from an anonymous; seconded by Vice Mayor Genco. Vice Mayor Genco asked that Chief Allison give a brief comment on the anonymous donation. Chief Steve Allison, Police Chief mentioned the donation was in response to a show of gratitude for the manner in which Detective Charles Weinblatt handled an investigation. He noted the individual might have wanted to take this as a tax deduction since the donor requested a wish list from the Police Department. The Donor selected this list of items for use of the funds, and asked to be anonymous. • Chief Allison noted the donation was to be used to install CJNET on selected desktops in the Police Department. He indicated this would be a secure network operated by the Florida Department of Law Enforcement, and would give the detectives access to other valuable on-line investigative tools. Mayor Watkins mentioned it was nice for someone to donate these funds to help the Village's police department. Motion passed 5-0. VI. COMMUNICATIONS FROM CITIZENS - Ms. Betty Jane Durkee, resident of Tequesta Gardens requested Council look into the damage of a house at 10 Shay Place. She mentioned the pool was exposed and the damage to the house, landscaping, roof, and fence was an eyesore. She noted there were dangers with the swimming pool not being protected. She felt it was a divorce situation, and noted the Village's Fire department had cleaned up a portion. She felt this condition should have been taken care of before now. She asked for Council assistance. Vice Mayor Genco asked whether code enforcement had been alerted to the situation. Ms. Durkee indicated she had spoke with Mr. Jeff Newell, Director of Community Development, and Officer Jason Fleming, Code • Compliance Officer and nothing had been done. She commented she had hoped someone had sent a letter to the homeowner. 5 MINUTES -Village Council Regular Meeting 01/13/05 Page 6 Council Member Humpage questioned the security of the pool on the property. Ms. Durkee noted there was no enclosure on the pool. Village Manager Couzzo indicated Staff would investigate. - Mr. Steve Willie, resident of Yacht Club Place noted he had recently completed a court case regarding an abandoned right of way to the rear of his home and adjacent to Country Club Drive. He mentioned Mr. Ward brought this to litigation for the right of access to the right of way. He indicated the right of way was deeded over to the property owners from the Village of Tequesta. Mr. Willie explained he fought the right of access and loss. He mentioned Mr. Newell testified at the hearing regarding the Village Code and that it restricts private roads that do not end in a cul-de- sac. He asked that the Village step up to the plate and challenge the ruling, because it is in direct conflict with the code. He felt there was no other property in the Village of Tequesta, or in the Country Club that had this private road access. He indicated it created an alleyway between their properties and the Bayview properties. He stated he incurred expenses, and felt the Village should pay some of the expenses. Mr. Willie mentioned he was given a permit to erect a fence on the property that was deeded over to him, and then sued for right of access. He commented he could not make any improvements to the right of way. He • noted the Attorney's summary judgment stated there was no reason to deny the issuance of a fence permit. He mentioned he incurred $5,000.00 to $6,000.00 in legal fees, and still had to put the fence back up. Vice Mayor Genco indicated she was going to bring this matter up under her comments to Council. She mentioned she had received two other phone calls from two other property owners, Ms. Harvey and Mr. Scoville. She explained last June or July she was sitting at the stop sign facing the easement, and saw a truck go into the right of way. She mentioned concerns because this was the back yard of the homes. She noted she called Village Manager Couzzo and reported the incident, and asked whether the Village could put up a fence. She explained it was going to be investigated, and periodically over time she remembered it, but at this time it has remained unchanged. She explained she investigated farther and apparently the property owners have signed some type of Unity of Use, saying everyone has equal use of the property. She agreed with Mr. Willie and felt the trucks using the right of way were a public nuisance and a safety issue that could cause personal and property injury. She felt it was dangerous, and noted the Village does not allow private roads. She felt with access through Village property, it was being used illegally. She questioned why the Village did not block the access to the Village property, which would block access to the right of way. • 6 MINUTES -Village Council Regular Meeting 01/13/05 Page 7 • Mayor Watkins noted she was not familiar with this issue, and asked that Attorney Hawkins provide additional information to Council. Mr. Willie felt the original intent of the Village was to abandon the property and give up the maintenance and liability issues. Vice Mayor Genco noted she was on Council at the time this issue was brought forward, and that was why it was done. She mentioned the alternative was to make it into a park area, but Council did not want to, instead they wanted to put the property into the hands of the property owners. She felt Council would have never agreed to someone using the right of way for a private road. She asked that the Village Attorney look into the situation, and have the Village put up a fence to restrict ingress/egress across the Village's property. Attorney Hawkins indicated he was aware of the litigation, but mentioned the Village was not party to the suit. He pointed out he did see an agreement, and it was an unusual agreement regarding a sharing arrangement. He mentioned if Council directed him, he would review in terms of the various options. Vice Mayor Genco suggested the simplest thing would be to put a barrier up. Council Member Resnik asked Mr. Willie if the fence crossed the easement and restricted access to the right of way. Mr. Willie responded in the affirmative, and indicated he challenged and lost the suit. Vice Mayor Genco explained it was because of the shared use agreement he had with • the other property owners. Council Member Resnik asked whether the other property owners that abut the right of way felt the same way regarding the traffic. Mr. Willie responded yes. Mayor Watkins commented the issue would be investigated and someone would respond to the situation and to Mr. Willie. Attorney Hawkins indicated he would be in contact with Mr. Willie. Mr. Willie explained he would prefer to deed the property back to the Village. Mr. Stefan Soilleux, resident of Bayview Terrace noted when he bought his property three years ago, he was not aware of the lawsuit, but selected the house because it was located on a cul-de-sac. He indicated he was aware there were no private roads in the Village, but now the use had changed. He agreed with Vice Mayor Genco that access should be restricted. VII. COMMUNICATIONS FROM COUNCIL COUNCIL MEMBER VON FRANK - Announced he would not be running for reelection to the Village Council in the March 2005 Municipal Election. - Mentioned there was one wish granted to him by the Finance Department and that was a letter received from the Government Finance Officers 7 MINUTES -Village Council Regular Meeting 01/13/05 Page 8 . Association (GFOA) for the Village's achievement. He thanked Ms. JoAnn Forsythe, Finance Director and Staff for all their hard work. Mayor Watkins mentioned he would be missed. Council Member von Frank commented Council will continue to see him. COUNCIL MEMBER RESNIK - Mentioned a memo by Assistant Village Manager, Robert Gazlo noticing a Meeting being held by the County on January 27, 2005 regarding the 707 Bridge. He felt the meeting would bring everyone up to date on the protection and bridge closing. He mentioned three meetings were held, and it was decided to delay the bridge closing for one yeaz in order to give them time to plan properly. He felt they were probably going to present the plan to the residents of Jupiter Inlet Colony, Beach Road, and possibly Jupiter Island. He indicated there was extensive planning by our Fire and Police Departments in working with the neighboring Police and Fire organizations. MAYOR WATKINS - Commented Council Member von Frank was referring to a letter sent to Council making them awaze that the Village had received notification that the Government Finance Officers Association (GFOA) was awarding the • Finance Department a Certificate of Achievement in Financial Reporting. She noted a formal presentation would be made at a future Council Meeting, when they receive the certificate. - Mentioned at the monthly Intergovernmental Meeting the FPL representative was present for discussion. She noted the Village could have a cost estimate done, free of chazge, for the cost of undergrounding in the Village. VICE MAYOR GENCO - Asked whether the Council Workshop was to be discussed at this meeting. Mayor Watkins indicated it was last on the agenda. - Tree giveaway -Mentioned in reading the minutes of the November 18, 2004 Council Meeting she had asked for some information regazding a tree giveaway. She commented she was waiting on the information. - Mentioned she had a request from Planning and Zoning Advisory Board member of whether they would be allowed to bid on a Village project. She indicated she was waiting on the information. - Request for Information - (Verbatim Transcript) I also have another issue, which came about yesterday. I was on my way to a trial, and made a phone call to Gwen, and Gwen wasn't in. It was early in the morning, so I 8 MINUTES -Village Council Regular Meeting 01/13/05 Page 9 • was told to call back in a half hour, in which I did, and at that point in time I was told, Gwen was, had a meeting or something that she was attending, which was fine. And however I had a trial that was about ready to start, so I knew I couldn't talk to Gwen. I wanted to get the information, so I left my information request with the person who asked the phone. And that information request was for some documents relating to financial matters, and for the minutes. I was surprised when I picked up my messages that evening, on my way home, that I found out that there was a new policy that was adopted by the Village Manager, that from this point hence forward, that whenever I make an information request, all of the other Council Members would be advised of that information request, and they would be communicated a copy of my request, as well as, the information that I asked for. I was even further surprised when I read my email today, when I came home from work, because one of the things that I asked for was an excerpt from the minutes from last month, because I thought it might be something that would be coming up this evening, and I wanted to refresh my memory, and since the minutes weren't in here, I asked Gwen to please copy them to me. Gwen sent me pretty much most of what I wanted, but not quite, so I sent Gwen a little note, and said Gwen would you mind sending me the next paragraph, because that's really what I • wanted. And instead I get a response that the minutes are completed that I asked for, however, I can wait basically until I get it in my Council agenda next month. And that's copied basically to a lot of people who I don't even know, and I have no criticism Gwen for you, because I am sure you're doing what you have been instructed to do. I am not being critical. What I am being critical about is that this makes me look like, an information request, that I have some kind of malevolent intent. It's insidious to imply a simple information request, is: a) some peoples business, but I don't even know who they are, that I'm not given the honor that any other public citizen is, of asking for information without everybody in the world knowing about it. And it's not reciprocal, it's one way, it's only me that being pointed out to for this type of treatment. And I think that something like this, serves to make you, my fellow Council Members question what my motivation is, that I am some kind of evil person. I mean I'm dedicating 20 hours, let me finish. I am dedicating 20 hours of my professional time every month, because I care about this Village. And to have a Manager come and say that this is going to be communicated to all of you, because my intent is not good. It's just serving to put distance between you and me. And it's hurtful, and I would like think that this is not something you support. Mayor Watkins - Go ahead, did you have a comment. • 9 MINUTES -Village Council Regular Meeting 01/13/05 Page 10 • Council Member Resnik - I saw the memo that corresponded to your request, that came, and it was request for information on Attorney's billing for a couple of months, or something. What was wrong with giving that to the other Council Members. Vice Mayor Genco - I am entitled to the same benefit, that any public citizen is. That I can go in. I don't have the benefit that you all do, and forgive me, you're all able to go in and talk to the Village Manager for two or three hours every week. I don't have that time. I have to read all the information that I have, that's provided to me in paper form, and what I do, is I'm looking at things and my mind is thinking, and I think to myself, that I am going to be sitting up here, I want to be able to answer to these people. And I may not understand something, so I request information. It's not right to make it look like, because I am requesting information that I'm trying to do something evil that you need to know about, and watch me. I don't need anybody watching me other than voters out there. Mayor Watkins - I don't think that was the intent. I really don't. I think that, excuse me could we have a little order here this is important to all of us. I think it was the intent, if information was needed, that it was just a courtesy for us to beware of the information that asked for, so coming to the meeting. • Vice Mayor Genco - I, forgive me, I always. I ask for information on the 707 Bridge. I sent you all a copy of that. I sent a copy of the information that I asked for, to Michael, asking to have all of you copied on it, because I knew that this was things, that we as a group, as a Council should have. Whether I was the person that thought about it, or you were the person that thought about it, I thought that was important. Ok, and I have always since my very first day in Office done that. There has never been a time, when I felt that information you might need for your decision up here shouldn't go to you. I have always requested that it be copied to the entire Council. But when I have a question that is something in my own mind, and I make a request, that I have a right to that privacy. And for someone to imply that I have an evil motivation that people like our Attorney: Number 1 -Why is our Attorney being copied on this. Why do we need to have our Attorney copied on something that he is going to, forgive me Scott, I love you, that you are going to read and bill us for. Ok, Why? Why make it look that I'm evil. Ok, because that's the way I take this, because this policy applied just to me. It doesn't apply to you Pat, it doesn't apply to Mr. Humpage, it doesn't apply to Mr. Resnik, and it doesn't apply to Mr. Von Frank. It only applies to me. Mayor Watkins -Well I. 10 MINUTES -Village Council Regulaz Meeting 01/13/05 Page 11 • Council Member Resnik - Well I don't think agree, that if I sent in a request by. Vice Mayor Genco- No, no that's not the point. Not that you sent in a request. You can ask Mr. Couzzo for something and his policy is not when you request something, that all of us aze going to get it. That's the difference. Mr. Humpage goes in and he asks for information. I don't get a copy of it. Why should this policy apply to just me. Why should I be the only one to have my rights violated. It's making, it's putting distance between you. The intent of this is only meant to make me look suspicious to you. Because you aze going to get these things and it's going to go in your mind, what is she doing now, why is she asking for this, why didn't she ask for that to be sent to us-that's exactly what's going to go on in your mind. Attorney Hawkins - May I comment Madam Mayor? Mayor Watkins -yes Attorney Hawkins -Vice Mayor, I am not aware of the exact inquiries that you are talking about here, but I am awaze that others on the Council feel, and I believe the law stands for this, when there is a communication of a • Council nature it should be distributed to all members of the public body. Vice Mayor Genco -but it's not for a Councilmember. If rt is for the Council, I have them copy the rest of the Council. Don't tell me every time Mr. Humpage asks for something that that is taking him away from being asked as a private citizen to request information. When I ask for information. I'm enough of an adult and enough of a professional and awaze enough of my position on the Council that if I am making a request that has to do with Council business, I copy the Council. Attorney Hawkins -And I've observed that. I'm not saying that you haven't. Vice Mayor Genco -Well then who has the right to say that if I am making a personal private request that the Council should be copied on it? Mayor Watkins - If you make a request for information that is something that could come up or could come before us, do you not copy it to the rest of us? Village Manager Couzzo -Yes . Mayor Watkins -Okay. So it sounds to me like the issue here, Excuse me, please, could we have a little courtesy? This is difficult enough. I don't 11 MINUTES -Village Council Regular Meeting 01/13/05 Page 12 • want you feeling isolated. I took the intent of it just as an FYI, the information, so should a discussion come up pertaining to the bridge or whatever the subject is, and I know the bridge was one you copied to us, or but whatever. Vice Mayor Genco - I asked you to be copied on it because that's Council business. The rest was, Maybe I have a client who was just simply interested in knowing what our legal fees were on a monthly basis and because he wants to be a village attorney for somebody. So I am asking for that. You don't know. You can't get into my mind. Mayor Watkins - I understand you're upset. I'm sorry you took this as a personal. Vice Mayor Genco -Well, I'd like to know why the Village Manager has been given the authority to violate my privacy as a private citizen. And I would like to know if he does have the authority of this Council to violate my private citizenship privacy, if I am going to have the reciprocal opportunity of receiving all of the information that any Council Member here asks of him, whether it's verbal or written, because it's just fair. Mayor Watkins - I understand what you're saying, this sounds to me like • something that we will discuss under Council procedures. Vice Mayor Genco - I don't think that there should have to be a discussion over, I think what we need to do is respect each other and trust each other. And that's what I'm saying. This is coming across very mistrustful of me. And I don't deserve it. Mayor Watkins - I don't agree with that, Vice Mayor Genco. I don't' think, well, that's just my personal opinion. I have no reason to mistrust you. I took it as simply information being provided to Council and no other way. If this, the method Vice Mayor Genco - Do you, Mrs. Watkins, do you know that a policy was adopted to apply this just to me. Were you aware of that? Mayor Watkins -What policy? Vice Mayor Genco -That, the policy of doing this applies to my information request. Mayor Watkins -Well, how could a policy be made without us making it as a group. • Council Member Resnik - I don't agree. 12 MINUTES -Village Council Regular Meeting 01/13/05 Page 13 Vice Mayor Genco -The Village Manager made the policy. Mayor Watkins -Okay. Village Manager Couzzo - I need to comment. There is not a policy, and nor is there a directive that I have given anyone that it is specifically for you. Vice Mayor Genco -I'll play back the message for you. I do have it on my answering machine. Village Manager Couzzo -Well, who gave you that message? Vice Mayor Genco - I received a message, that I am sorry, from now on we have been instructed that all of your information requests are to go through Mr. Couzzo, that they will be documented in writing, and that they will be copied to the entire Council. Village Manager Couzzo - Well, I don't know who gave you that message; it wasn't me. Vice Mayor Genco - Mr. Couzzo, somebody didn't make it up, I'm sorry, • and cause that is exactly what happened. And you know, and I just feel that that makes everybody look at what I'm doing suspiciously. It's causing to put distance between me, and my fellow Council Members, and I like to deal with them on a position of trust. And I have dealt with them on a position of trust, and I want this policy to stop immediately. Village Manager Couzzo - I will address it. There is not a policy that exists as you have indicated. And whoever informed of that is mistaken. There is not a policy from me or from the administration. That is not correct. Vice Mayor Genco - Ok, then I would like and explanation, and for who are all these people that are getting copied on my requests for information. Who was told to do that? Who's ezzart, and why is Mr. Gazlo getting things that I am asking for? Councilmember Resnik -Well does it relate to the Village? Vice Mayor Genco - No. It doesn't. Village Manager Couzzo - I believe the request that came in, came in to one of Mr. Gazlo's assistants. Mr. Garlo processed the request, and • disseminated the information to the people he thought needed to have it. 13 MINUTES -Village Council Regular Meeting 01/13/05 Page 14 • Vice Mayor Genco -But who told him to do that. I made the request. Who told him to do that, Mr. Couzzo. Village Manager Couzzo - We have a policy that when we, when there are information requests from any of the Council. Vice Mayor Genco - No, what. Who told, up until now, until yesterday when I made a request for information that response was a personal response that was sent to me. As of yesterday this changed. Who changed it. Village Manager Couzzo -Well it was not yesterday, we have tried for quite some time to dissemination information requests to all members of the Council, so that they may have it, as any member of the Council might want it. And in fact it is of a personal nature. Vice Mayor Genco - I have a request that I did just a few weeks ago, that this policy did not apply to. Village Manager Couzzo - I policy has been in place since I have been here. That any information requests by the Council, for documents, be shared with all members of the Council. We have a responsibility to do that. I'm sorry, if somebody informed you that it was for you. It is absolutely not true. Vice Mayor Genco -Then why is it I've never, with the exception of one time, from Mr. Resnik, not getting, I've not gotten one information request with documents that have been provided to me from other Council Members. Is it that the rest of the Council Members aren't inquisitive, I'm sure they are. Council Member von Frank - Nope. Council Member Humpage - Can I just jump in for a minute. Believe me, I would, Geraldine, I am a devout supporter of yours. But I may be perhaps somewhat guilty in the fact that I wanted more information, and let me tell you why. One of the things that I have strived to do, since I have been on this Council, is always follow the Charter. And the Charter dictates to me that I cannot go to a Department Head, for instance, just let me, can I finish. Vice Mayor Genco - No, it doesn't. Council Member Humpage - Oh, it does. 14 MINiJTES -Village Council Regulaz Meeting 01/13/05 Page 15 • Vice Mayor Genco - No, it does not. Mister. Council Member Humpage - I would beg to differ. Mayor Watkins -Excuse me let him finish. Vice Mayor Genco - I would like Mr. Hawkins to address that afterwards. Council Member Humpage - Ok, but can I just finish my, everybody gets a chance here. Let me finish. When I was troubled by the item that I pulled from the agenda tonight, I didn't call Jodie Forsythe, I called Michael Couzzo, and I said to him that I thought the manner in which it was presented bothered me because there was no way to make comparisons, and I asked him to ask Jodie to give me. Vice Mayor Genco -Sure. Council Member Humpage - Ok, and then, and following up on that she did. The problem that I have had a couple of times here, is I come to these meetings, and information is brought forwazd that I am not even prepared to pursue, because I don't know what, if you tell me that this item, and this item, and this item aze developmental issue and not appropriate, if I don't • have previous to you bringing them forward, the information that you speak of, there is no way for me to reseazch the issue, and be prepazed myself. In my interpretation of the Charter, it says that we aze in a Council - Manager Form of Government, we aze to bring our requests to the Manager. And the Manager gets a hold of Ms. Forsythe, who in turn disseminates the information back to us, and other Councilmen. If we don't do that, in my opinion, if we go to, if I go to Mr. Newell, if I go to Mr. Preston or Ms. Forsythe and just get information that is relative to the Village and especially the Village Council Minutes, and you are not privy to those, when I come forwazd with an issue, it would be nice for you to be informed about the issue that I am bringing forward. Vice Mayor Genco- Yes. Council Member Humpage - I think what we have to remember here is in Florida- its "Government in the Sunshine". We cannot communicate. Vice Mayor Genco - Oh, I agree with you. Council Member Humpage -And, we aze bound by policies that we have in place. And the overriding policy is the Charter. And I was somewhat displeased on several Council Meetings, that I attended, when issues came . forward, and I was not prepazed. I didn't even know they were coming out of the gate. So I, as a matter of fact, in one instance, made mention 15 MINUTES -Village Council Regular Meeting 01/13/05 Page 16 • towazds Department Heads, that well, you know, I'm looking into something for another Councilmen, and I'm already going to cover that issue. And my remazk was, well wait a minute. If you're looking into this, I would like to know about it too. We have to keep in mind, and I respect you, I think you are a bright, intelligent person. But the thing is we operate as a Council. Vice Mayor Genco -Yes we do. Council Member Humpage - We do not operate. We operate as individuals, but we are a Council, and we make our decisions based on the opinion of five. And for all, we need to be as informed. And I was the one who complained, that this department, as a matter of fact, the request for the information, was an identical request that I made. But if that just happened, and nobody did anything else about it, I and another Councilperson would be prepared, and three Council people would be out of the loop. But the Charter is specific, under 2.11, that we aze to interact through the Village Manager, so that the Staff is prepazed. You can't expect the Clerk to response to a question, that's she not prepared for. Vice Mayor Genco - And I would like to respond, I understand your concern, and you also have to realize, I am the senior Council Member • her, along with Mr. Von Frank. And because I am the senior Council Member, there will be things that, as you put it, will come out of the box, because I sat up here when it happened, and that's just life. And I don't mean to sell anybody short for it, but that's the way it's going to be, because I was here when it happened. Council Member Humpage - I was here when you were doing it at every meeting. Vice Mayor Genco -You were here, most every meeting. But because I was here reading the paperwork, at the time, and was personally involved with it. My memory on the events would probably be a little sharper, than somebody out in the audience who is observing it, Mr. Humpage, no insult meant. And that there are going to be times when we as Council Members, like when I'm reading the Minutes from the other Committee Meetings. Sometimes I will ask for something because it peaks my interest, Ok. Sometimes it's because, it's my neighbor down the street, or it's something that's convergent with something else that I am doing somewhere else. And I am going to request that for my personal interest. It has nothing to do with our Council business. And frankly, I want to know that I have that right of privacy. When it has something to do with Council business, that I have any inkling that it will. I ask that you be copied. I • don't try and ambush you. I try and copy you on all the things that I think aze going to be relevant. That I want to keep you informed. I want to keep 16 MINUTES -Village Council Regular Meeting 01/13/05 Page 17 • you up to the level where we can discuss things, because it's to my benefit. And if sometimes you don't know something, frankly it's not my fault. I will do my best to try and educate you on it. But it's not my fault. Going back to the Charter issue, the Charter issue simply says that you as a Council Member may not tell an employee what they are going to do on their job. Ok, it has nothing to do with you as an individual, or as a Council Member making the equivalent of a foil request to get information. We have not given up our individual rights as private citizens by being Council Members. Alright, we are entitled to do that, and anyone that works for the Village. And you can go up to Mr. Newell, or Jodie, or the lady that you pay your bill to in the Water Department and ask them information without going through the Manager. Council Member Humpage - I disagree. Vice Mayor Genco -But if you go and tell that employee that you don't want them doing their job that way, or you want them to do something special for you, that they would be doing because they are in the Public Works department. No you may not do that. Mayor Watkins - Mr. Hawkins. • Attorney Hawkins - May I make a comment. I don't know Vice Mayor that you are correct. This is a Strong Manager form of Government that you have. You have entrusted all executive power to the Manager. You sit in a legislative form. You sit solely in a legislative policy making body. The Charter is pretty precise. It says except for the purposes of inquiries or investigations under this Charter only, the Council and its Members shall deal with the Village employees solely through the Manager. Vice Mayor Genco -With the Village employee's as they are employees. Attorney Hawkins -But solely through the Village Manager, that's the formula that you agreed to. I agree with you Mr. Hawkins, and you and I have had two or three conversations, and you yourself said to me, and I can go, if I had my computer here I could go to the exact date that we had those conversations. You said it made absolutely no sense that if I wanted to find out the bill for something that we looked at two months ago, and the Council was why I couldn't call up Jodie to ask her that. Or I wanted to find out what a permit was that my neighbor was doing, why I couldn't call up and ask her that. Or if I wanted to know why they put all the little flags up on the thing from the Water Utility Department, which they did do. Why I can't call that employee up or that department and ask them that. We are entitled to do that, and that has nothing to do with that. U 17 MINUTES -Village Council Regular Meeting 01/13/05 Page 18 • Attorney Hawkins - I didn't say you were. And I honestly don't think an argument between you and I, or anyone here. Vice Mayor Genco - I don't need to ask the Manager to get that answer. Attorney Hawkins - May I finish, I'm not cutting you off. Vice Mayor Genco - No, I am sorry, go ahead. Attorney Hawkins -Three months ago I was asked to prepare for a workshop on this topic. Vice Mayor Genco -Yes. Attorney Hawkins -And that's on the agenda for this evening. Correct. Vice Mayor Genco -Yes. Attorney Hawkins - And I understand, we're going to address this issue at the Workshop, when the workshop is conducted, correct. That's what you asked for. • Vice Mayor Genco -It's on the agenda, and I did request it yes. Attorney Hawkins - Ok. It strikes me there is a substantial disagreement on this body, on terms of what this language means. Council Member von Frank -Yes. Vice Mayor Genco -Yes. Attorney Hawkins -And it strikes me that this language needs to be addressed at a workshop. Council Member von Frank -Yes. Vice Mayor Genco - I agree. And I'll table that. I was addressing Mr. Humpage's issue. I did not want to get into this subject. This wasn't my idea. Attorney Hawkins -Well, you. Vice Mayor Genco - My reason of addressing, what I addressed tonight, is my right to privacy, and this issue of the emails, and all of this other thing. • And I want to know if the policy that I brought this whole subject over, on the table about, if the Village Council is going to adopt this policy, as 18 MINUTES -Village Council Regular Meeting 01/13/05 Page 19 i• there policy, then I want to know it goes both ways, and I want to know every time you go in Mr. Couzzo's office, two or three hours, and he shows you reports, or information, or whatever from the Village that that get copied and sent to me, and in fact, I have to, everything that I request whether it's private, or personal. And I thought my judgment was pretty good on letting you know whenever I thought it was Council business, making sure that I put in the request, and you can ask Mr. Couzzo, I'm sure he knows, I put, please copy the Council, and if that's not sufficient for you, then I want to know that the policy applies to all of us, not just to me. Because I was told the policy applied just to me. Mayor Watkins -Well, I would agree with you that it would not be fair under any circumstances for anything to be singled out to anyone of us, for any reason. We are a Council of five, we should be dealing with the same policies, procedures, information and other wise. And believe you are absolutely right in that respect. But it sounds to me like, this, we need to address the whole issue of communication, but I would suggest that the place to do that is in the Workshop where we can iron out. Vice Mayor Genco -Well. Mayor Watkins - But I don't, I would tell you that I don't. think you should. I don't think, at least from my point, the intent was to in anyway discredit you. I think, I thought I was sent information just so I would have information that might possibly come up tonight, but we can go through the how and why of, that if you want information you feel is not something you want copied to the Council, that that should be something that we discuss thoroughly in the Workshop, because I see that as a Council policy and procedure issue. Vice Mayor Genco - If you want to adopt that as a policy, I'd like to be involved this time. Council Member von Frank -For the Workshop, please let's not. Mayor Watkins - Ok. We will do that, I believe that's our last item. Ok, and we will take it up then. Council Member Humpage - It is on the agenda. Mayor Watkins -Yes, it is, it's our last item. Council Member Resnik - I didn't get a change to say. • Mayor Watkins - I apologize, Colonel Resnik. Sorry. 19 MINUTES -Village Council Regular Meeting 01/13/05 Page 20 Council Member Resnik - I would just like to say. I see your emails, Vice Mayor where says pass it to the other Council Members, so forth as that. And we get information, but when I see an email asking for information that doesn't say that, I automatically thin, When I see an email that doesn't say that, and it doesn't say, you know, for my personal use on it, I imply, it implies to me that you want to go with what you have previously done and info the people on it, because that's the example you set. Now you say each and every case you will say when you want it info'd. I also think that if you want it private, you want it private you ought to say keep this private. So don't confuse people. Vice Mayor Genco -And if you noticed the last three months whenever I have said anything that is Council business, I have copied you on every email. Council Member Resnik - I understand that. Vice Mayor Genco - I have never gotten one back from you guys, but I have copied you on all of them. Council Member Resnik - I'm not going to give you anything back because of the sunshine law. We're getting that. We bring it up at the • Council Meetings. Mayor Watkins -Can we postpone this discussion. We'll put this at the Workshop. Are there any other issues for Council, under Communications from Council. Ok, then we will move on to New Business, Item A. VIII. NEW BUSINESS A. ORDINANCE 595 -FIRST READING - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, ELECTIONS, EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY RELATED TO EARLY VOTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Hawkins read for the record the title of Ordinance 595 on First Reading. MOTION: Council Member von Frank moved to approve First Reading of Ordinance . 595; seconded by Council Member Resnik 20 MINUTES -Village Council Regular Meeting 01/13/05 Page 21 Mayor Watkins opened the Public Hearing. Mayor Watkins asked Council if they had any questions or comments. There being none, Mayor Watkins asked whether there was anyone from the public who would like to speak on this item. (Public Comment) Ms. Dorothy Campbell, resident of Tradewind Circle commented she felt Council should move forward and adopt this Ordinance. Motion passed S-0. Mayor Watkins closed the Public Hearing. i• B. RESOLUTION 32-04/05 - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AWARDING A CONTRACT TO ROOD OUTDOOR ENVIRONMENTS, INC, OF TEQUESTA, FLORIDA, IN THE AMOUNT OF $49,500.00 FOR THE CLEANUP OF THE COMMON AREAS AND THE PERIMETER ACCESS ROAD IN TEQUESTA PARK, DUE TO THE DAMAGE FROM RECENT HURRICANES, AND REQUESTING TO APPROPRIATE ADDITIONAL FUND BALANCE IN THE AMOUNT OF $2,700.00 THEREBY INCREASING THE AMOUNT BUDGETED IN ACCOUNT #001-230-549.996 WHICH HAS A CURRENT YEAR BUDGET OF $46,800.00, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. Attorney Hawkins read for the record the title of Resolution 32-04/05. MOTION: Council Member von Frank moved to approve Resolution 32-04/05; seconded by Council Member Resnik. Council Member Humpage mentioned he had seen something from Representative Negron on the FEMA reimbursement. Village Manager Couzzo indicated approximately $52,000.00 would be reimbursed to the Village. Mayor Watkins mentioned many residents were questioning when the Park was going to open. She indicated at this time the Park was unsafe to open. She mentioned she spoke with Mr. Greg Corbitt, Director of Parks and Recreation and he felt the Park could be open by February 1, 2005 if everything goes well. Motion passed S-0. 21 MINUTES -Village Council Regular Meeting 01/13/05 Page 22 C. RESOLUTION 34-04/05- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, UNAPPROPRIATING FUND BALANCE AND DECREASING THE BUDGETED AMOUNT IN ACCOUNT #401-414- 662.634 FOR FISCAL YEAR 2004/2005 IN THE AMOUNT OF $437,095.00 RELATED TO THE INSTALLATION OF THE WATER MAIN IN THE TROPIC VISTA SUBDIVISON, AS THE ESTIMATED CONSTRUCTION COST OF THE PROJECT IN BUDGET YEAR 2004/2005 IS ESTIMATED TO BE $465,000.00. Attorney Hawkins read for the record the title of Resolution 34-04/05. MOTION: Council Member Humpage moved to approve Resolution 34-04/05; seconded by Council Member Resnik. Vice Mayor Genco asked if the Finance Director could give input on this item. Council Member Humpage questioned whether this represented 108- 110 new customers. Ms. JoAnn Forsythe, Director of Finance answered in the affirmative. She mentioned one Resolution was approved to appropriate the money at year end, and another Resolution was approved it made it effective for the next budget year. She indicated however, the money had already been budgeted, so it went in twice. She stated this Resolution brings the amount of the project back to what was really needed. Mayor Watkins asked for any questions or comments. Motion passed S-0. D. Discussion and consideration for the Village of Tequesta to contribute funds to one or more organizations for disaster relief assistance for the Tsunami victims. Mayor Watkins mentioned everyone was aware of the tragedy, and she wanted to see if Council would be interested in contributing on behalf of the Village. She indicated there was only $700.00 left in the Council contribution fund. Vice Mayor Genco commented she would donate $200.00 from her discretionary fund, and indicated she would agree to Council donating the $700.00. She mentioned she had spent time looking into various organizations because she was planning to make a personal contribution. She commented the one organization that came to the top of her list was • Care USA, since they were so involved at ground zero, versus of some of the others that were trying to work from multiple areas. 22 MINUTES -Village Council Regular Meeting 01/13/05 Page 23 • Vice Mayor Genco indicated some of the other charities have higher administrative costs where the money does not actually end up going to the area of concern. She indicated Red Cross was also a good organization but once the amount was received that they could handle for that area, the additional monies would be used elsewhere. She suggested donating to Care USA. Council Member Humpage agreed and noted he would like to help. He commented when Council was giving out donations earlier in the year, they struggled with the amount, and suggested looking at the possibility of increasing the amount during Budget time for next year. He suggested if every Council member donated $60.00 of their discretionary fund, plus the $700.00 it would be a total of $1,000.00, which was the same amount the other charitable organizations received this year. He felt there were other avenues when using discretionary funds, such as helping the citizens of Tequesta. Council Member Resnik commented this was a tragedy of immense proportion, which was causing people to donate from around the world and the United States. He suggested looking at a larger, substantial donation from the Village of Tequesta. He suggested one way would be to take money out of contingency funds, and the second option would be to • open the door to residents to donate and increase the amount of the donation, so the Village could go in with something in the neighborhood of $20,000.00. He noted he had the latest Newsweek with the rating on some of the charitable organizations: Red Cross A+, Care USA A-, and Save the Children A-. He suggested helping the children and favored Save the Children organization. Dr. Richard Dube, resident of Country Club Circle felt the Red Cross had more money than what was needed for this effort, and explained this disaster relief effort was being well handled by our government. He felt $20,000.00 from the Village of Tequesta would be insignificant to the cause, and a waste of the monies. He suggested giving it to someone in more need here at home. Reverend Paul Beresford, Pastor of Tequesta's First Baptist Church noted if the Village was considering this, that he would want to share this information with his congregation. Attorney Hawkins mentioned Congress just passed a law encouraging those who were motivated to make a charitable gift to the Tsunami relief that it would be tax deductible in 2004, as long as they do so by January 31, 2005. He suggested if someone was urged to do this they should talk to . a tax specialist. Mayor Watkins asked if there was a mechanism in place to communicate in a timely fashion with the residents. 23 MINUTES -Village Council Regular Meeting 01/13/05 Page 24 Mayor Watkins felt it was a great idea but did not know physically how it come be done. Vice Mayor Genco felt doing in an expedient fashion was the most important thing. She noted she was involved in doing something like this for 9/11, and explained she did not know if it served getting the money to the people that needed it any faster. She pointed out the idea was great, but that the Village would better serve the people by inviting them to make a contribution, and showing them the leadership by Council doing it on behalf of the Village. She felt that would set the tone for the residents. She indicated she wanted to do more than the $60.00, and would want to give more from her discretionary fund. Council Member Resnik commented his discretionary monies were still the peoples money, and suggested if he, as a Council Member wanted to set the example he would donate a check to the Village, and not use any of the Village's money. He suggested asking everyone else to do the same thing. He felt the Village residents should also be asked to join the Village in donating money for the victims. Mayor Watkins pointed out the Village would issue something to encourage the residents to contribute. She felt the donation would have to be on their own due to individuals having organizations they prefer, and that it may be different than what Council had in mind. She explained she would like to do something. Consensus of Council agreed to donate the • remaining $700.00 from the Council's donation fund. Council Member Humpage indicated he would donate $200.00 of his own personal money and take the tax break, and not use his discretionary fund. Council Member Resnik indicated he also would pledge $200.00 of his own personal money. Mayor Watkins mentioned she would like to donate $200.00 of her discretionary fund. Council Member von Frank indicated he would donate $200.00 of his discretionary fund. Attorney Hawkins pointed out if the Council Members made their check out to the Village of Tequesta he would not guarantee that they could take the personal tax break. Council Member Humpage indicated he would donate $150.00 of his discretionary fund. Council Member Resnik indicated he would donate $150.00 of his discretionary fund to equal a total donation from the Village of Tequesta in the amount of $2,000.00. MOTION: Vice Mayor Genco moved to approve a donation from the Village of Tequesta in the amount of $2, 000.00 to Save the Children Organization as indicated below for the Tsunami relief effort; seconded by Council Member Humpage. $ 700.00 Council Aid to Organizations 200.00 Vice Mayor Genco discretionary fund 200.00 Council Member von Frank discretionary fund 200.00 Mayor Watkins discretionary fund 24 MINUTES -Village Council Regular Meeting 01/13/05 Page 25 150.00 Council Member Humpage discretionary fund 150.00 Council Member Resnik discretionary fund $ 1,600.00 200.00 Council Member Resnik out of pocket 200.00 Council Member Humpage out of pocket $ 2,000.00 Total Motion passed S-0. E. Discussion and approval of items to be discussed at the January 24, 2005 Council Workshop. (Verbatim Transcript) Mayor Watkins - As you know Council Members we had discussed having a Workshop where we worked with everyone calendars trying to get this setup on the 24~', and I wanted the discussion so we can be sure what exactly we want on this agenda. Council Member Humpage -Right. Council Member Resnik -Open the floor for discussion. Mayor Watkins -For discussion, yes. i• Council Member Resnik - I want to wait to give somebody else an opportunity. I got some ideas myself, but I'd like to hear from other Council Members. Mayor Watkins -You want to start. Council Member Humpage - sure. I guess we have set several categories. Under the sunshine law, this is to help all of us, as well as Mr. Hawkins to prepare. I'd like to under the sunshine law, be briefed a little more fully with Council position and other Board Members. Which was a subject of an 11/04 memo from Mr. Hawkins. That's the only thing I would like to go through with on sunshine. And then under the Charter issues, I'd like to cover Sections 2.11, 3.02, and 3.03. And then one of the other subjects was developmental matters. And I would be interested in conversing about presentations to Council, and Meetings with Councilpersons. Attorney Hawkins - By presentations, you mean, preliminary conceptual presentations. Council Member Humpage -Yes. Attorney Hawkins -Pre-submittal to the development process. 25 MINUTES -Village Council Regular Meeting 01/13/05 Page 26 • Council Member Humpage -Yes. Ok, and then if I could just throw one more thing into the mix. And this may be something and depending on how Council feels. I really don't know if we can do this all in one workshop. But one of the things I had gone back through and researched back in September, no I'm sorry, back in November 2000, the seated Council created what they call a Summary of Procedures. And I thought it was short. I just think it needs more depth, I don't think it has enough depth. I think we need the five of us to sit and come up with our procedural methods, and how we go about doing things here. And that may not be a subject brought up at this workshop. I would like for the record request that be done in the future. If we have time to get it in this trip fine, if not, I would like to see it occur in the future. That's all I have. Council Member Resnik - I would like also to address the policy/procedures Council approved in year 2000 from the standpoint of expanding it. Because I personally believe also that it needs to have some other additions. You know I have some of them down, I'm not going to repeat them here, but it needs to have some more information in there about Council dealings with the Staff, with the Manager, the ability to influence what the Staff does. Secondly, on the use of developmental, or on the item of developmental briefings, we discussed this at length in August, at our Council Meeting, it was a discussion, it wasn't an agenda item, but it was a healthy discussion. There were only 4 Council Members at present at that meeting. Vice Mayor could not make that meeting. But as a result . of that discussion, which if you look at the minutes, is pretty detailed. Four Members of the Council determined that they did not want Conceptual Presentations by developers prior to the developer presenting his project for normal processing in accordance with the Village Code. That was in August. Last month, the subject came up, and the Vice Mayor gave a very detailed presentation, on the need for a policy for having the Council here developmental briefings on projects before they went through the normal review process, so that Council could influence how or even if it went before, I guess Council could influence it somehow. And this became a discussion item during the last meeting, and frankly I forgot how detailed our discussion was in August, and I am for one said we ought to discuss this at a workshop. And then I went and looked at the detailed minutes of the August meeting, and the minutes of the last months. And I don't see any benefit in reopening that at a workshop, because a workshop does not permit a vote on anything. It just reinvents all the discussion we had in August and we had in November. So, if the Council wants to discuss this issue of development briefings, I think we should put in on the agenda for the next Council Meeting and take a vote on it, and be done with it. Because if we don't, and we have a workshop we will have another consensus, then we' 11 have to, if we want to vote on then we will have to put it on a Council meeting again, and vote on it. I don't see any benefit. • Mayor Watkins -With that particular issue I guess I would have to ask the consensus of Council here, we did at that meeting, there was a very clear direction 26 MINUTES -Village Council Regular Meeting 01/13/05 Page 27 • to the Manager not to bring the developers here, and I realize you weren't at the meeting. So, it said in the agenda, I guess, I would ask to see if there is a majority here that wishes put that, to discuss that again or do the majority feel like we dealt with that and we don't want to Vice Mayor Genco - I believe that you are misinterpreting what it was that I wanted, and there were two things-it was two-fold. One, yes, I did request that we incorporate a conceptual review, particularly I was concerned where we have situations of zoning and variance, because I felt that things like that like that involved some planning and some thought, and that having the Council have the opportunity to review things like that when they were on preliminary stage, would offer guidance not only to the developer but would also enable the Council to have more time to think of what it needed in the way of resources and planning to address what the request might be for that variance or exception. So, that was the first thing, on the conceptual. The second thing that I asked for at that Council meeting in December was, we already have Article 8 of our code that already lays out a very detailed process. Where somebody comes in and they put an application in, and there is 15 days before it has to go here, 45 days before it has to go there, and it spells out exactly what each step is and what department gets it and when we get it. And my point of that Council meeting was that that code that we have of how we are supposed to do things was not followed on Atlantis. And I wanted us to look at the code and to do it for two reasons: 1) was to educate • ourselves, because I think we all need an education. And frankly, I ended up having to do a lot of self-education by reading our code and interpreting it and understanding the process before I made my comments to you. And I think that the workshop would be a perfect place for us to be educated on how that code process works. Because once you do understand how it works, that's our Village law as to how we handle people in a fair manner, and what our responses are to people, and how things move through our Village administration so they can process and handle it, and I think we all need to understand that. And that's the reason I wanted to have a workshop on it. And if as part of that workshop we use Atlantis as the example of what went wrong, so be it, you know, what's the big deal? But I think we do need to educate ourselves on it. Attorney Hawkins - May I comment on that? I really don't think it's prudent to say something went wrong or didn't go wrong. I can't tell you that every date was complied with by staff to the letter. What I can tell you is the process went through the normal channels. Did it go according to every scheduled date? I can't swear to that, and I won't. But to say something is wrong, as a governmental official, without there being some broader determination, I just question whether that's an appropriate position to take. And I was involved as Counsel. I was asked to get involved by the Manager. So I understand your objective about going through the code, but I would ask • Vice Mayor Genco - I could be specific if you would like me to be. I am prepared to be. 27 MINUTES -Village Council Regular Meeting 01/13/05 Page 28 • Mayor Watkins -Wait. Let's get back to the issue of the agenda. Vice Mayor Genco -That's the reason that I think I would like to address that in a workshop. Attorney Hawkins - I want the record complete. Vice Mayor, you said something was wrong. I'm the Counsel. I disagree. Vice Mayor Genco -Okay. An application is to be made. Councilmember Humpage - I don't think we need to get into that tonight. Mayor Watkins - Yeah Council Member Humpage - I don't think we need to get into any specifics tonight. I think that I respect the Vice Mayor's position. I see not problem with having some kind of dialogue on developmental issues. Information never hurt anybody. So I would be in favor of doing some conversations, having some dialogue on developmental issues. And the place to do it is at the Workshop. Mayor Watkins - Ok. • Council Member Resnik - I would like to say if we aze going to do developmental issue that we be specific. That I accept the second issue that the Vice Mayor brought up, and that is to review for us specific steps that aze in the Code, although we can read them, review for us the specific steps in the Code that a developer has to go through in order to bring his development through the process to the Council. Council Member Humpage - I agree. Council Member Resnik - I'm not interesting in hearing conceptual presentations, but I think it would be worthwhile to hear what the Code has to say right now. Vice Mayor Genco - Ok. And I'd like you to keep an open mind, because I think when you go through our Code you might understand better why there aze concern conditions where you may want to do a conceptual, and Council Member Humpage - Ok. But we can. Vice Mayor Genco - I'm asking. That's all I'm asking is that you keep that open mind, and that we evaluate this process, and that we understand this process, because frankly, Id like to see things go a little bit smoother. That's all. 28 MINUTES -Village Council Regular Meeting 01/13/05 Page 29 • Mayor Watkins - so the issue of the developmental matters we'll deal with the process. Council Member Humpage -the procedures. Mayor Watkins -the procedure and steps of the Code. Vice Mayor Genco - As we have outlined in Article. Mayor Watkins - is everyone good with that. Council Member Humpage - I'm good with that. [Consensus of Council agreed to place the steps of the development process as in the Code on the Workshop agenda] Attorney Hawkins - Is that a standard comment from the peanut gallery. Council Member Humpage - We have to let the Council finish first. Mayor Watkins - Just a second, I just want to clarify, just a second. So we are going to have the issue of the steps involved developmental process, as delineated • in the Code. That's going to be. Council Member Resnik -That's the steps. Council Member Humpage -Right. Mayor Watkins -Are we all ok with that. Public Comment Dr. Richard Dube - (a resident of Country Club Circle) With all due respect to Mr. Hawkins, I'd like to make, I'll address this to you. There was a developer in Hobe Sound who built a project, which he bought the land for the Atlantis, where three people died, because the cement was not done properly. The same person bought land in Tequesta, and hired the same contractor to do the land development he did, and tried to give us a zoning variance of 12 stories, when your code strictly states that its 5 stories or 84 stories. So if you think there is something wrong with this, it's in your . Do you want someone building a building in your County, that violates the code, and also where people were killed by. Mayor Watkins - We are not going to deal with the issue of what this developer did or didn't do on other sites. We are dealing with what are we putting on this . agenda. It will be the code, and it steps out the process for developers to come to the Village, and proceed with bringing development here. Yes, Mrs. Nagy. 29 MINUTES -Village Council Regular Meeting 01/13/05 Page 30 • Attorney Hawkins - May I just comment. Sir, the process, Doctor, I understand your consternation, but remember that project was not approved. The project didn't even come here. The project was stopped at Staff, because of what you just said. It wasn't permitted under the law. Mayor Watkins - Ok. Dr. Dube -That's great. Attorney Hawkins -Well that is great, because the law was upheld. Mayor Watkins - Ok. Mrs. Nagy. Ms. Betty Nagy - (resident of Shay Place). My question is you have the date, but you don't have the time when this meeting is going to be held, and where it is going to be located, and will the citizens have the right to attend. Mayor Watkins -Absolutely. It is a open meeting, it's a public meeting. It's a Workshop, it is January 27th, 10:00 am - 12:00 pm, is my understanding. Attorney Hawkins - No, It's the 24th. • Mayor Watkins - 24tH. What did I say. I'm sorry. January 24tH. I'm sorry. Council Member Humpage -You had the bridge meeting. 27th is the Bridge. 24th. Mayor Watkins - I'd confused it. I apologize. 27tH is the Bridge Meeting, the 24tH is our Workshop, and it's at 10:00 am, and is it at the EOC (Emergency Operations Center). Vice Mayor Genco - I think we had. Gwen. Village Clerk Gwen Carlisle - We agreed to the EOC. Mayor Watkins - We said the EOC. Council Member Humpage - I would tend to think the EOC is a bad place to have it. There's not enough room at the EOC. Ms. Nagy -Thank you. Mayor Watkins - Do you know if the. • Clerk Carlisle - I don't know if this is available. We can find out. 30 MINUTES -Village Council Regular Meeting 01/13/05 Page 31 • Mayor Watkins -We'll have to check with Mr. Corbitt that there's not a class or something going on. We will try to have it here. Ok, because I think that is more appropriate too, because we can accommodate more seats. So. Council Member Humpage -We'll give the class the EOC. Mayor Watkins - We will be sure and let you know about the location. We will try to have it here unless there is a conflict that can't be resolved with the Parks and Recreation Department. But it is on January 24~', at 10:00 am here unless you are notified otherwise. Ok. Council Member Resnik - So we have one item so far that we all have agreed on. And that's to review the code process. Mayor Watkins -Wait. Yes. The Code process for developers. Vice Mayor Genco -And the sunshine, which is brought up. Council Member Humpage - Is it a consensus of Council that I can bring up those issues, the three Charter issues, in the Sunshine. Ok. Vice Mayor Genco -yea. • Council Member Resnik - I have the Charter here in my brief case, but if you know the topics, can you just name those three topics that you have. If you can't , but all I got was paragraph numbers. Vice Mayor Genco -And if we could, I love to have the sunshine be first on the agenda, because that way the other boards that wanted to attend the Sunshine part of the meeting could. Attorney Hawkins -That's the plan. Council Member Humpage - ok. Wait a minute. Under the Charter issues is 2.11 which is the Inference with the Administrative Departments, Section 3.02 is the Village Manager's Appointment, Removal, Qualifications, and Vacancies, and 3.03 is the Village Manager's Functions and Powers. Council Member Resnik - ok. Vice Mayor Genco -And the code was Article 8, Sections 78-251 through 78- 368, and I would suggest that copies be made for the Council in advance. Council Member Humpage -You're talking about under Developmental Issues. • Vice Mayor Genco -Yes. 31 MINUTES -Village Council Regular Meeting 01/13/05 Page 32 • Council Member Humpage - Ok. Fine. Mayor Watkins -Now are we all good with Mr. Humpage's list. Council Member Resnik -Could you repeat the Sunshine Law subjects again you gave us. Council Member Humpage -The sunshine, I don't know if it has a section, but I would like to address Council and other Board members responsibilities under the sunshine, in other works, myself as a Council member, a Board of Adjustment member, P&Z Board Meeting. Who's got that crummy microphone. Mayor Watkins -Guilty. There we go. Council Member Humpage -Donate $100.00 to get a new mic. Mayor Watkins -All right. Council Member Resnik -naughty, naughty. Mayor Watkins - Ok. So now are we clear on your sunshine issues. Is everyone • ok with that. Developmental Matters we have the three items Mr. Humpage brought up in regards to the Manager's role primarily, and we have the sunshine issue as it relates Council and Board Members. Anything else. Council Member Resnik -That's plenty. Mayor Watkins -That's plenty. It is. I just wanted to be sure everyone has their say here. Council Member Humpage -But just so it doesn't fall the crack, I really would like Council, even if we could, perhaps have a consensus tonight, that I would like a procedural Workshop where the Council. Mayor Watkins -Polices and Procedures Council Member Humpage -Policies and Procedures, to look back at the November 2000 policies and procedures. I think they need to be brought up to date. I think some changes need to be made. Council Member Resnik - I respectfully request that that be a Workshop as soon as the new Council is seated. Council Member Humpage -Yes, right after the election. 32 MINUTES -Village Council Regular Meeting 01/13/05 Page 33 Vice Mayor Genco -Yes, we can table that at least until after we've had this workshop, and reconvene for another Council Meeting. Council Member Humpage -And it would bring the new Councilman up to speed. Mayor Watkins - I think that's a better plan, to put that one on after we have the election. Council Member Humpage - ok. Mayor Watkins - Is everyone all right with that. [Consensus of Council agreed]. Mayor Watkins - ok. So you have it, we're good. Do we need that in a form of a Motion. Those subjects that we discussed. Attorney Hawkins -Yes, we do, we need a vote. Mayor Watkins - Ok. We need a motion to that effect. That's the list. (MOTION: Council Member Humpage moved to approve the agenda as set; seconded • by Council Member Resnik.) Council Member Humpage - I make that motion Council Member Resnik -Second Vice Mayor Genco -second. Mayor Watkins -All in favor. Council Members Humpage, Resnik and von Frank -Aye Vice Mayor Genco -Aye Mayor Watkins -Aye Mayor Watkins -opposed? Thank you very much. (Motion passed S-0) X. ANY OTHER MATTERS Mayor Watkins indicated she was intending to run for reelection to the Village Council in the March 2005 Election. She mentioned she had two daughters who 33 MINUTES -Village Council Regular Meeting 01/13/05 Page 34 were expecting babies in February and that she may be out of Town for the February Meeting. Attorney Hawkins mentioned the South Florida Water Management District (SFWMD) had sent two original documents for the Mayor to sign regarding the Grant from them to the Village in the amount of $430,000.00. He asked that the Mayor be given permission to execute the documents on behalf on the Village. MOTION: Council Member Humpage moved to approve the Mayor executing the grant agreement with the SFWMD; seconded by Council Member Resnik; motion passed S-0. XI. ADJOURNMENT MOTION: Council Member Humpage moved to approve adjournment of the Meeting; seconded by Council Member Resnik; motion passed S-0. The Meeting was adjourned at 9:00 P.M. • wen E. Carlisle Village Clerk • 34