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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 03_03/28/2005 ,7 r MEMO DATE: MARCH 25, 2005 TO: MICHAEL R. COUZZO, VILLAGE MA�AGE FROM: GWEN CARLISLE, VILLAGE CLERI�f� d RE: COUNCIL MEETING MINUTES - NOVEMBER 3, 2000 AND DECEMBER 14, 2000 — COUNCIL POLICIES AND PROCEDURES, AND DRAFT MINUTES FOR 03/10/05 REGARDING HOLDING AND AT"I'ORNEY/CLIENT SESSION Michael, I have received two xequests today from Council Membexs: 1) the Meeting minutes of November 2000 and December 2000 regarding discussions on Council Policies and Procedures; and 2) Meeting minutes regarding the discussion to hold an 1lttorney/Client (closed door) session regarding Hattie Siegel litigation. At your direction, I would be glad to distribute these in the mail today, so Council would have them prior to Monday's Council Workshop. Enclosures . , � • VILLAGE COUNCIL MEETING MTNUTES December 14, 2000 PAiGE 11 ; VIII. NEW BUSINESS j { A) VILLAC�E COUNCTL PROCEDURES � 4. Discussiorr of Pa�ic� Re��d�n� the Addition of Aqenda Items by the Villaqe Council. M��or Capretta reported this item had been discussed previously but no decision had been made. �Til�age A�torney R��d,olph cQ�nted staff needed clarification of how the Village Council wished : �a handls adding agenda item�. The Village Attorney ga4e examples of how this was handled in other municipalitie�. gM one case, at the beginning of the meeting when the aqenda was �ieing set they would add items to the agenda to discuss whether they wanted to add them to the . next agenda, would not discuss.those items that evening because they did not have the backup � that evening, and would tak� a vote as to whether or not the full Council wanted to have that item on the rre�� agenda, and a majority vote prevailed. In other places, a �ouncilmember would say he or she would like to see an item placed on the agenda for the next meeting and ��e item was then placed on the next agenda. Village Attorney commented at the previous discussion �he Village Council had been clear that they did not want to add items to the agenda far ��� meeting that night unless it was a dire emergency, because backup would not be available. Councilmember Genco commentec� there were two ways to add items, either by an individual or by cQ�ser�sus-apgraval b� the Coun�il, and asked if there wera other ways. Mayor Capretta asked whe-�he� i:t made a difference that some items were only discussion items and some were items for- cans�derat�on that required a lot of backup. Councilmember Genco responded that the decision had a�ready �been made �hat any time any Y a � I . � , 3 � y vzr�E covxciL _ ) �IEETING MINUTES �' 7 December 14, 2000 PAGE 12 * Councilme�be� wa��ed to add a��thing, unless it was a dire emergency, that it would have to be p�agased a� new business for the next meeting, and the question on the floor now was whether to allow an individua� to add an item or whether to have consensus, meaning a vote would be taken, or i� �hexe was an alte�na�ive, sueh as one person making a motion and it being seconded and tha� being sufficient. The �illage Attorney advised that with a motion and a second a vote must be taken with tl�� m�a�nrity prevailing. The Village Attorney discussed pros and cons of each metk�oc�-�hat if individuals were allowed ta add items five people could really load up an agenda if �he.g all had items �o propose, and same of those items mig�it be things that all me�bers of ttre- CQ�neil were not interested in pursuing at a particular meeting. Councilmember Dalack askec� whether there was an item in the Vill.age Charter regarding this. Councilmember Genco ' commented unde� I�obe�tFs Rule� of Order that any . member could propose an item for new business; and u�dex th� �Tillage Charter any two members of the Village Council could call a special meeting on any subj-eEt they chose, which was why she had suggested only two peopie be required in order �o- adc� a� agenc�a item, stating that otherwise there would always be a majority rule and the majority wou�.d decide what they wanted all the time and if there was a split Council that could be- un��ir to having some�hing heard in the public. Councilmember Genco recommended that so �ong as the�e were two people who wanted an item added to the agenda that it be done, since there was �he possibility t�iase ��za people could end up calling a special meeting. Councilmember �enca ca�ented �hat since she had been elected there had been many times the Council had been split 3-2, which meant the two Councilmembers representing 660 people would have no say to indicate what those people wanted. Village Attorney Randolph advised it would probably be an unusual circumstance for the Council to do this since usually the Village Manager would set � � VILLAC3E COUNCIL ) �ETING MINUTES Iiece�er 14 , 2000 PAGE 13 ----------------------- �he a}er�a a$ �o a�.� ��e ��ings he saw that needed to be done when he was conferring with �he l�ayor. �he Village Attorney indicated it would be an unusual situation where the Council would w�r�t �o add an �.ts�n. as ogposed to it being added by the Manager. Mayor Capretta asked what was to preven� any �o�neil�ember asking the Manager to put something on the agenda, which �F.���.age At�orney Randolph clarified there was nothing to prevent that e�cept it could present a rear problem for'the manag�r if he had to answer to five people between meetings as to wh�� t�ey would like to see on �he agenda. Vice Mayor Schauer commented there might be items th�� could be-worked out between the Manager and staff without having full consensus of the Council. Village Attorney Randolph sugges�ed a third alternative: If one individual wanted someth��g �� the- agenda for trhe next meeting they could bring it up and it would be put on ' tYre ne�t agenda unless three people voted . against it. Councilmember Genco stated that was exact�.y what she was saying. Cauncilmember Genco indicated if there were two members who felt something should be c�iscussed then she thought the rest should listen to them no matter which two Councilmembe�g wanted the discussion. Vice Mayor Schauer commented the Counc�.l had never had th�s problem be€o-�e, that the Council would bring up a matter and ask the Manager to actd it anck provide the backup , Vice Mayor Schauer commented that her main concern was that she never wanted to have to vot� without backup. Village Attorney Randolph commented that had a�ready been decided and-t�e question was how to put it on the agenda. The Village Attorney commented one way to do it wouT�l be for a member of the Council to say to the Village Manager at the end ot tY�e meeting, °Mr. �ouzzo could you please put on the agenda for the next meeting ��e z�en� rega�ding �he CQUntry.Club roads", and it would be put on unless he heard from the at��r- �ou�E���emhe�s that they did not want it added. Couxicilmembe� Dalack eom�ented that j ` f VILLAGE COUNCIL I�ETING MINUTES December 14, 2000 PAGE 14 ----------------------- sounded like a vexy good idea, but another thought was that if four people did not want it put on it would not succeed, and that would be enough to keep it off since that would accom.plish the purpose of making it clear to everybody they did not want it. If four did not want it put on the next agenda that would avoid a fruitless discussion at the next meeting. Village Attorney Randolph advised against setting different standards for majority vote, since for everythin.g else it was three for a _ majority. Councilmember Genco favored a minority of two people being a�le to add an item. Vice Mayor Schauer commented she felt it should be majority. Village Attorney Randolph comxn:ented if it was approached the way he �uggested and one person asked for it he believed the Councilmembers all had enough respect for each other that they would put it on �=°'% unless three out of the five saw some radical " reasan why it should not ga on. Mayor Capretta . made the following proposal: If any Councilmember wanted to put an item on. the agenda for the next meeting they make that suggestion and if there was silence on the sub�ect it would go on, and the Village Manager would carry out that instruction; however, if another Councilmember did not want it added to the agenda and asked for a vote on it and if three people voted aqainst it then it would not go on. Councilmember Geneo sta�ed that way the majority would never be allowed. Village Attorney Randolph clarified the discussion had started with h.aving a majority to get an item on, and now what the Mayor was saying was one person could put an item on unless three voted against it. Councilmember G�nco stated she liked that. Mayor Capretta commented that would rarely happen but if it was something so obnoxious to three they would not want it discussed they could stop it, but.normally there would be no discussion-each Councilmember would have a right to request additior� of an item and � unless somebody felt very strongly about it and � ' ' � � r VILLACiE COUNCIL } MEETING MINUTES December 14, 2000 PAGE 15 ----------------------- they cou2d pe�s�ad-� a secQnd ax�d a third gerson against it, then it would go on. Mayor Capretta nQted he had beexz Mayor seueral different times and to the best of his recollecti.on he had never removect a� ite� from �he agenda, except when a meeting was scheduled to go to midnight and he said tk�ere wasn't time and the ones that did not have to be discussed to delay to the next meeting. �ounci�embe-r Genca asl�ed the Village Attorney to restate the proposal, to be added to page A(�)- o� the procedures. �Tillage Attorney Randolph commented that under the Summarg of Procedures, anyone whQ wa�.ted �o put an item on the agenda for an upcaming meeting could ask for �t at th� mee�ing and unles.s thrre was a vote to the contrary it would go on. �im T�t�page, 426 �ypress Drive, commented that � one of the things desired was more participation . f�om resic�en�s and suggested placing the agenda in the Courier so that people could see if there were items in wh���i they were �nterested. Vice Mayor Schauer commented she had sent over 30 invi�ations for �o��g��'s Meet �nd Greet session and only two of those she invited came. The FTice Ma�or co��nted that a lo� of people would come when something affected them individually. SFice Mayor Schauer noted tha� the budget was very constrained now but putting the agenda.in the Cou�ier was something that could be considered in next year's budget, and commented �Y�at geaple would soon be ab�.e to access the agenda through the web site. Counciimember Ge��a noted tha-� the web site might be operational in January or February. 2. Consi.der�tion af R�tification of the List of Procedures Relativ+e to Village Council Irleetings anct Age+nda and Other General Items (per the Summary of Procedural Conments Discussed at the November 3, 2000, Village Council Workshop Meetinq) . � � r � VILLAGE COUNCIL :� MEETING MINUTES December 14, 2000 PA�GE 7. 6 ; �F�llage C�erl� Manga�iel�o ean�m,ented under A(2) in the Summary of Procedures that if the Village �ounci� was 3� co�serrs�u� on it�m 1 that perhaps they could add it to item 4 regardi.ng voting. Discussion ensued reqa�ding where this item should be placed. Councilmember Walker suggested it coulc� be cross re�e�er�eed t�irider Agenda Item Any Other Matters. Councilmember Genco stated she wishec� �o see- ifi �rr wri:t�ng, and suggested that if at any time the Village Council was at a loss ho�z to har��� any�hing in a Vil�.age Council meeting that they go to Robert's Rules of Orct��, to w�ii.c� Village Attorn�y Randolph responded the STi.11age Council did operate under Robe��'s Rules of Order. Vice Mayor Schauer questioned for what special circumst��ce ntight a kr�ind ballot be used, and noted the only time she had us:ed a blind ballot " hac� been rrr �otsng �o hire- Village Manager . Couzzo. Village Attorney Randolph responded trr�� a spee�al circumstance might be if five people had applied for a commission and it could be- e�bar�assrng ta talk about it; however, he did not think it was necessary to have blind l�al�Q� voting in the procedta.res . The Village Attorney noted that item had been discussed and he had indicated any such vote would occur very rarely and that the blind ballots must be signed and made a part of the record,, so they really would not be secret. Councilmember Dalack commented ��a� special circums�ances for blind ballot Qoting would be determined at the meeti.ng. �F��.��ge Attorney �a�.d,olph stated that blind ballot voting did not need to be in the procedr�res, a�d ��e procedti.res were for normal meetings. Councilmember Genco commented she had bro�g�� �h�s issue-up so that if a Councilmember felt there was prejudice they could request a bl��d bellot, but the �Tillage Attorney had pointed out you could not hide who you voted fo-r. eouncilmember Walker expressed her op.�nion tl�at s_Q �ong. as the possibility existed for a � � VILLAGE COUNCIL �i MEETINa MINUTES December 14, 2000 PAGE 17 l���nd vote it shou�.� be i.n the procedu�es . Village Manager Couzzo reminded the Council that they were es�ablisYri:ng procedu�es that would go forward to other Village Councils, and if a `� l�linct ballot was ta}€en �itnaut the attarney ; present it could be a problem. Vice Mayor �chauer expressed h�� opinio� that a blind ballot was a cop out. Village Attorney Randolph commente� sh� eoulc� state at a meeting where a blind ballot was proposed that she thought it was a cop ou� and s�e did not Want to vote that way, and he concurred with Councilxnember D���Ek�g suggestion to conside� blind balloting on a case by case basis, and explained this was just sayiz�g if a b�znd bal�ot.was done it must be signed. Councilmember Dalack noted there was real�y no suctr thir�g as a k�lind ballot since it was not anonymous . It zaas noted the nam.e "blind b��.�a�" shoulc� be cYr��ged. Af�er discussion it was decided to use the term "voting by ballot" • inste-ad of "blind baltot". Mayor Capretta recalled that some former Councilmembers di.d not want to-�a�� the.public when vating anc� had had a real problem voting in public, but there was no way �o hide hawr � person voted. The next item discussed was abstaining from vo�ing. Since item 4 was th� �tem in regard to placing agenda items, an item 5 was proposed by ��e Vill�ge A�torney: No pe�son may abstain from voting unless they declare a conflict of interes� pursuant to State statutes. The Vice Mayor suggested that Village Attorney Randolph place item 4 where he consid�red appropriate. Councilmember Genco commented that Robert's Ru�es h-a� been add�d. CounGilmember Walker asked to add that these procedural changes be reviewect annually by the Village Council, fallowing the election. Vice Mayor Schauer cQ�e-n�ecl i� sho�lc� be- statec� the review would be done at a workshop meeting to educate the new Vz�lag� Ea�neil. Couneilmem:ber Walker noted that these procedures would be subject to change ; as V�.l�age �ouncils cha�ged. Discussion ensued � � , • � VILLAGE COUNCIL MEETING MINUTES December 14, 2000 PAGE 18 regarding wazti�g to �aa� ��€ procedures at a workshop meeting rather than at the o��ganizatianal meet and it was noted there needed to be a warm up period. Mayor Capretta cammented he �rac� always thota.ght there should be a Councilmember's Handbook to provide orientation. Council�€n�:ki�� Dalack ques�ioned why a Councilmember could not abstain from voting, to wYr�ch the respor�se was th�t it was a st�tutory prohibition. Vi.11age Attorney Randolph advised if thr�re was not a ro11 call vote and a Councilmember was silent, that would be cons.�dered an "aye" vote. Vic� Mayor Schauer noted when the St. Jude renovations were on the agenda she had abstained. Village Attorney Randolph advised in regard to . Consent �ge�.da �k�e-re cQ�ld be ,only a motion to � adopt without reading the items, but if there . was a Re�c���tic�r� it would havg to be read by title. It was dec�ded to add that to the procedures. ��lla.ge �ttorn.ey Randolph commented that under Agenda Item Any Other Matters, when someone wante� �a e�iseuss sometMing a� the end of the agenda they should announce the subject matter, which had not been done tonight, and that should be added to the procedures. �Fi�.lage Attorney Randolph suggested number 2 might be confusing when talking now about if a Eouncilmember requests that a matter be reconsidered a vote shall be taken under Any Other Ma�ters on whether to place that item on the next agenda. The Viliage Attorney advised tl�at �ras nQt n��ded �a�z in light of what the Council had just done, and what had just been done shou�d-be p�a-��d-there and reconsideration should not be mentioned. Reconsideration could anly be do�e at the same meeting an item had bee�. consic�ered. Viilage Attorne.�r Randolph � � 1 � VILLAGE COUNCIL , 1�ETING MINUTES December 14, Z000 PAGE 19 ----------------------- ad�isec� �F����g€ C�e�k Max�gar�iello to strike iteEn 2 and substitute what the Council had requested under i�em 4 for voting. Councilmember Dalack called attention to General ftems or� page 3, v�ie�i s�ate�i '�staff inembers shall sit" which implied that staff inembers must be present, anct sug�}es�e� a Change to "staff members present shall sit". The Village Pr��torney sugges�ed tYris be st�icken, since it was just a suggestion from Mr. Couzzo to get rid of th� tabl�s-. The- policy wa� that staff did not have to attend unless directed by the �illage Manager, anct a repre�entative of the Police Department would always be present. Cot�nci�n�er Genco made a motion to adopt the Su�ary of Procedural Conments wi.th the agreed ugon amendments. Eaunciln�ember Walker seconded _ the motion, which carried by unanimous 5-0 vpte. �B) Review and Discussion of Draft Report of the Propqsed U.S. Highway OnejOld Dixie Highway Corridor Analysis and Conceptual 4verlay ZQning District. Village Manager Couzzo reported staff had been workisrg with Duncan & Associates to prepare th� draft agreement for review, and comments from the Village Cou�cil expressed tonight wouTd be incorporated into the final agreement, which would be completed within t�.e month. M`�. Couzzo explained that the purpose of the agreement was to join three jurisdictional entities, Tequesta, Jupiter, ax�d Palm Beach County, to provide a harmonious corridor on II.S. One with respect to deeelopment, landscaping, roadway signage, etc., so that there would not be a different set of reguTatio�.s in each j�t��sdiction. There were no comments from the Village Councilmembers. V�ce M��or- 3Ehauer made a motion to adopt the Draft Report of the Proposed U.S. Highway One/Old pixie H�ghway Corridor Analysis and Conceptual Overl.ay Zoning District. Councilmember Genco seconded the � � � Tf � � VILLAGE OF TEQUESTA DII'AR'TNIENT OF COMMtJ1VITY DEVELOPMENT ^� � Post Office Box 3273 • 357 Tequesta Drive `'� e Tequesta, Florida 33469-0273 •(561) 575-6220 Fax: (561) 575-6239 , 1 _�I1��E UF TEQUESTA va.��GE �o�ca. woRKSgop 11�ETING 11Zi]V�UTES _. �TO�EII�IBER 3, Z000 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a Workshop Meeting on the subject of General Policies and Procedure,s at the Village Manaqer's Conference Room, 250 Tequesta Drive, Suite 300, Tequesta, Florida on Friday, November 3, 2q00. The meeting was calied to order at 2:00 P.M. by_ Mayor Joseph N. Capretta. A roll call was taken by Betty Laur, Recording - Secretary, Councilmembers present were: Mayor Joseph N. Capretta, Vice Mayor Elizabeth A. Schaue.�, Councilmember .Basil E._ Da1a..ck,__ Councilmember_ ��raldine Genco, and Councilmember Sharon Walker. .Also in attendance were: Village_Manaqer Michael R. Couzzo, Village Attorney John C. Randolph, and Village Clerk Joann Manganiello. II. APPROVAL OF AGENDA Yice Ma.yor Schauer made a motion to approve the Aqenda as submitted. Councilmember Genco seconded the motion. The vote on the motion was: Joseph N. Gagretta - for Elizabeth A. Schauer - for Geraldine Genco - for Basil Dalack - for Sharon Walker - for The motion was therefore passed and adopted and the Agenda Recycled Paper .� • i VILLAC;E COUNCIL WORKSH4P MEETING MINUTES NQVemb�r S� 2000 PA+C�E 2 ----�--�---------------- was apgrove,d as submitted. I�I. CCI�1tJNICA�ION FROM CITIZENS There we�e no conmunications from citizens. IV. REVtEW AND DISCU3SION OF C�ENERAL POLICIES AND PROCEDU1tEt� Mayor Capretta announced that this mee�ti�g woulc� address general policies and p�ocedures to m�.ke meetings more businesslike, and would be discussed in two phases. Discussion durinq_Phase I would address the public talking to the Vil].a_ge Council, i. e., how and when communication from citizens would take place, discussion of the public asl�ing guestions of specific memb�rs of the Village Council, non aqenda i,tems, and enforcement of the 3-minute rule. Phase ZI would b� a discussion of how the Village Council members dealt with eaeh other, addressing such item� as changing the agenda, request�.ng staff work, "calling the roll for each vote. Mayor Capretta requested that in the futuxe the roll call for vating be ordered as follows: The maker of the motion, the person who second�d the motion, the Mayor last, and the others mixed up in any order. Councilmesnber Dalack suggested that voting be in th� form of _"aye" and "nay" the majority of the time, unless an item wa� controversial. ViZlage �Attorn�y Randolph advised that it Was not necessazy to have a roll call vote, alt�ough somet�mes it was more orderly for the clerk, and if the Villa.ge Cpuncil preferred to have "aye" and "nay" votes they could do so except when there seemed to be a roll call. Mayor Capretta indicated he would call for a roll cal.l vote if �here seemed to be a division. Village Attorney Randolph advised there was nothing in the Village charter or in Robert's Rules of Order that required a roll call vote. Diseussion ensued. Attorney Randolph advised if �here was only one "nay" it would be clear who voted but if the clerk could not distinguish who voted "nay" that �. roll call should be done. Councilmember Genco.pointed out that if there was a "nay" then �. ro11 call vote could be done; that someone could request a roll. call vote; and that someone could e a ; VILL�A�G4E COUNCIL WORKSHOP MEETING MINUTES Nov�er 3, 2000 RA�"'sE 3 �__----..--------------- request a blind �allot vote. The Village Attorney indicated that a blind ball.ot vote was done very infre�uently, no� when ��quested by an ind�vidual but there should be agreement on the types of items for which the Council wanted blind ballot voting, for instance, if it were somewhat embarrassing to have a vo�ce vote in regard �o appointment of a person �o a�oard. A�torney Randolph advised, however, that ballots must be si�ed, and they became a_part of the public record., so the end result was the same-every_one would know how each person voted. Vice �iayo� Schauer commentcd the only time she had done a written vo�e since becoming a meYaber of the Village Council waS during Mr. Couzzo's interview. The yil�.age Attorney comm.ented it was not appropria�e to vote bl.ind ballot much but i� was an option. Village At�orney Randolph commented that this was a worksho� meetir�q_and therefare the �illage Council could not take votes at this meeting, but it was an opportur�.ity � to work out procedures. The issue of voting was clarified that�voting would be by "aye" or "nay" vqte, except when -�he Mayor or another Councilmember requested a roll ca].l vote; and rall call votes would be orctered and called for by the clerk with the person who made the motion called fi.rst, the person who secohded the motio� called secand, and the others called in any order except the Mayor would be called �c2 vote last. Village Attorney Randolph rec�ues�ted discussion regarding Communications �rom Citizens of whether the Village Council wish�d ta reta�.n the 3-minute rule, the consistency of its application, whether its position on the agenda should be moved� and the role of citizens at that stage. The Village Attorney explained that in other enta.ti.es �ith which he was familiar, t�ais ac�enda item wa� an opportunity for the elected body to hear the concerns of the �itizens and was not an opportunity for debate, not an opportuni�y to ask questions of particular Councilmembers. Attorney Randolph advised it was his bel.ief and that under Robert's Rules of Order any question..put to anybody should always he put through the Chair, by_ the public, by the Councilmembers and staff, and the Councilmembers and staff should all say, "Mr. Mayor, may I address tha� point?" Attorney Randolph expressed his opinion that it was not appropriate during VILLA+GE COUNCIL WORKSHOP MEETING MINUTES November 3, 2000 PAC�E 4 -----�------------------ :� , Communica.tions from Citizens for a citizen ta ask questions such as: "Mr. Randolph, why didn't you do that?", which they could call him on the phone to ask. A�torney Randolph advised it was his opinion that Communications from Citizens was a time for citizens just to state their concerns, which both staff and Council would hear and then could deal with, and not to answer gu�stians at that particular time. Mr. R�ndolph explained that in other entities that portion of the agenda usuall�r went Qery quickly, with people speaking__for 3 minutes and then the meeting_.proceeding to the next agenda item. Attorney Randolph commented that recently_, riqht or wrong, that portic�n of the meeting had gone on for an hour or an hour and a half because the Villaqe Council was attempting to answer questions asked at that time, and h� was suggest�.ng the Villaqe Council miqht want to look at that in a different wag. Councilmentber Genco comm�nted there were several issues: (1) there were qeneral communications from citizens where citizens were asking ite�s such as when ' would their road be paved, etc. (2) there were specific concerns with regard to a definite �gend� item. Village �Attorney___Randol�h advised that would not be discussed under Communications from Citizens, but under thQ specific agenda item. (3) Citizens statinq_ a Councilmember was on the record for saying something and wanted t�i.e Councilmember to state their positiox�. Councilmember Genco stated she felt she should be able to .justify her �easons. Mayor Capretta comment��d. tk�e_ citi�ens. shauld__a,�,k the Mayor, and he would then ask the Councilmember if he or she wished to answer that at that time, which would give the Councilmember a choice whether to answ�r the question publicly at that moment or whether they. preferred to handle it in a different way, which would avoid t�.e Conversations that had been happeninq with dialog_between a citizen and a Councilmember, and then others speakix�g up. Village Attorney Randolph advised Councilmember Genco that in order for her to m�ke comments regarding h�er feelings on something_ she did not have to have a resident ask, but that she had th� right to say what she wanted about any topic at any_particular time. Village Attorney_Randolph advised against establishing a situation where a Councilmembe� would say_to a resident that in order to get a discussion on a.particular topic they should ask a s�ecific question to give the Councilmember an opportunity to speak their VILLAGE COUNCIL WORKSHOP �� MEETINC# MINUTES # Nove�nber 3, 2000 PAeGE 5 . position. The Village Attorney explained that his idea of Communications from Citizens was a citiz�n saying, "My road has not been_paved, �ou have promised to pave it for the past six month�, and I would like to kr�ow when you will do it", to which the Mayor could then respor�d by asking Mr. - Couzzo if he knew the status and if he did he could respond; but this was nat the time for any Counci],member or any Staff inember to be put on the spot regard�.ng a matter that was not an agenda item. Councilmember Genco expressed aqreement. Councilmember G�nco commented if the question was regarding an issue on which � vote had been taken in a prior month and she wa� asked by the Mayor if she wanted to re�pond, then she was ma_�ing a deci�ion poli.tically if she wanted to make her position publ.ic or ^ if she wan�ed to handle it on an i�dividu�l basis perhaps because she was not prepared or if she was ready to take the_political repercussians, which was.politics. Attorney Randolph responded he did not think Communications from Citizens was a time for _,politi.es, but wa� a time to hear �- from residents and not a time for questions and answers. The �Village Attarney advised that there were a lot of �questions Feople could ask Councilmember Genco out�ide a public meeting.and that they could ask staff outside a public meeting, and unfortunately when someone was trying to direct questians to �ive..people, even if it was through the Chair, during Communications from Citizens, it could get out af control. Mr. Ran.dolph advised i,t was a decision to be made by the Village Gouncil, but he had not seen it work in other communities like it had wo�ked in Tequesta recently. Council�ember Genco stated she agreed, and that �eetings were lasting longer than they should. Mayor Capretta indicated he felt he should shield the Gouncilmembers and the staff by makin.g.g�estions come to him so that no one would be put on the spot if they were no� ready to answer, and the..public deservred an answer but it did not have to be an ad lib answer on the spot. Vice Mayor Schauer questioned if Councilmemb�rs could go to Village Manaqer Couzzo after a meeting and ask him to follow up a valid question raised bIr a resident with a letter or phone cal.l, to which Attorney Randolph responded affirmatively. Attorney Randolph commented that Councilmembers could do that but most of the time it would not be necessary, because the Villa.ge Manager would be listening to the residents during the meetirig and as a . . °; VILLAGE COUNCIL WORKSHOP MEETING MINUTES Nove�er 3, 2000 � PAGE 6 - � ----------------------- ma�ter of course would attempt to answer tY�.em. The Village Attorney adv�sed that the problem with �ry_�.ng to answer all of the questiQns in a Council meeting wa}s the len.gth of time added to the meetinqs, and at County Commission meetings and other meetings.people would m�ke comments, the Chair would thank them,� and the meetinq__would proceed to other matters. Ma�or�Capretta commented �hat many of the Communications from Citizens were speeches rather than questions or complaints., which was the reason the 3-minute time limit was oric,�inally_ _institut¢d so that meetings would not last forever, and that many times the citizens wanted to tell the Village Council what the� thought, which was one of the reasons Communications from Ci�izez�s was on the agenda. Villaqe Manager Couzzo commented he would be happy to respand back and tYiat two readinq fil�s were now kept of a11 correspondence. Mr. Couzzo announced that he planned to be at Council meetings an �.our before the meeting__to answer any questions. Councilmember Walker commented that Mr. Couzza planned to sta�t this practice - at the November Village Counci]. meeting.and suggested if Councilmembers also wanted to show up earlX before meetings -so that citizens could ask them questions rather than asking the questions during the meeting Mr. Randolph cautioned that could be treadinq on danqerous territory if Councilmembers were going to arrive early and mingle with the public to answer questions, and reconunended that be noticed. Mr. Couzzo commented his idea raras just for him. Attorney_ Randolph explained that if Councilmembers were speaking individually to their consti�t�.tients that was fine; however, if it was scheduled for 1/2 hour before each meeting it became organized and if three or four members of the Villac�e Council were in one room discussing matters that could come before the Village Council they ran a risk of violatinq the Sunshine Law. Couneilmember Genco commented she liked Mr. Couzzo's idea of him going early to s�eak with the public,. and thouqht everything possible should be done to establish better cammunication. Councilmember Dalack wondered if durinq the public meeting with the Village Manager, Councilmembers �ould be present only to listen and not say. anythinq, since he felt it would help him to hear what people wanted w�.thout someone interpretinq_it. Mayor Capretta responded that it would be impossible for Councilmembers not to speak. Village Manager Couzzo explained he envisioned a very informal . � � # VILLAGE COUNCIL WORKSHOP _ MEETING MINUTE3 November 3, 2000 PAGE ? meeting where he would sit at a table and people coming in and asking him questions, and commented that some people might come in and ask questions in an informal setting who miqht be hesitant to speak from the podium during a meeting. Mayor Capretta suggested that l�r. Couzzo could provide the Councilmembers with a list of the questions he had been asked, which would answer Mr. D�lack's concern, and advised that the sessions would probably start out with a lat of questions but then leQel off to only a few, but he would still be there if people wanted to talk to him, and would_.present a friendly concept. Coun�ilmember Dalack stated i�t was a good idea�for the Village Councilmembers not to be,_present. The Village Manager stated he would send to the Cauncilm�mbers a list of the questions that were asked. Vice Mapor Schauer comment�d if a graup of citizens came to speak to the Villaqe Manager about a problem, ,providing a. synopsis of what had �ranspired to the Councilmembers would be a good idea in case they got phone calls about ��a.�t subj ect . Mayor Ca�retta commented he had obtained a brochure from � Jupiter describing their procedure for est�blishir�g �harter Neighborhoods, which he would present to the Council at a future meeting, Jugiter employed a full-time Charter Manager who orqanized areas within the town so that the citizens could meet to discuss issues. Mayor Capretta commented that same residents of the Village from ti�ae to time mentioned that they were not with�.n a Homeowners Association. A proqram ].ike the one Jupiter had instituted would answer their needs and one Councilmember could be assigned to an area, and the meetings could be held in sameone's home. The Mayor explained he had discussed with the Village Attorney the order for speakinq_ during quasi-judicial hearings, and explained that the problem Y}ad been that the public had been called after the vote had been taken, so ' they felt their comments were a waste of t�.me. Discussion an this issue ensued. The Villaqe Attorney advised the applicant should have the last word to �ddress anything ' that came up from the pu.blic since he had to carry the burden. Councilmember Genco suggested cal�ing for comments from the public following the Villaqe Council's discussion, since that discussion might answer some of the public's i VILLAL3E COUNCIL WOR�SHOP MEET�I�KK3 MINUTE� Nov�r 3, 2000 PAC3E 8 : _�.,_____�--------------- qu�stions. The following order wa� decided upon: (1) Applicant (2) Staff (3) Village Caur�c�l (4) Publi� (5) Ap�licant - final comments (6) Executive Sessipn - voting This wduld make twb changes: assuri.ng_th� public would be called upon befoxe the vote, and ailowi�.g the applicant �inal comments before the vote. Swearing in of wi�n�sses was di�cussed. yillage Attorney Randolph r�commended it be stated at the beginning o� th� heari.ng: "All people who wish to speak �o� or against this pro�ect please stand and be sworn in." The Village Attorney indicated he believed it �as not necessary to go around the room askinq each person to give his name and - address since they would do that when they spoke, and that if durinq.the hearinq_an�rone wanted to speak who had not �been sworn they could be sworn at that t�xne. Vice Mayor Schauer reported an attorney had called her inquixing how the Village handled guasi-judicial hearimgs in regard to public commex�ts and she had res�onded that the public was �alled upon after discussion by the'Villag� Council. Mayor Capretta commented that had nc�t chang�ed. Village Attorney Randolph discussed ex-parte communication, and advised that re�orts by_each Councilmember must state who they spol�e to and the subject discussed because everyone in the audience needed to know what had transpired, and the applicant could know what he was fac.ing, because the Cou�cil.a�embe�s were not supposed to have any._preconceived ideas as to how they were goi.ng to vote on an issue. Attorney �andalph advised that visiting the site must be announced as eX--par�e communication. Village Cle�k Manganiello requested clarification regarding how the in.diviz�ual Councilmembers were to respond during Communications from Citizens since all questi.ons and comments were to be addressed through the Mayor. Mayar Capretta responded that he would ask the Cpuncilmembers if th�y wanted to address the subject at that time, which would give them a choice to either respond or to state they VILLA�E COUNCTL WORK3HOP M�ETING MINUTES Nov�eiribe�r 3 , 2000 PA�GiE 9 ---_��---------�-------- would respond with a letter or phone call, or however they wished. Mayor Capr�tta noted that he would do the same if the cs�mment or question was addressed to staff or to the Village Attorney. Village Attorney Randolph asked if the residents would be advised that Comm�n.�.cations from Ci�izens was a time for the Village Council to hear from the3n. instead of a time for guestions �nd answers and debate. Mayor Capretta responded affirmatively. Village Attozneg Randol.ph advised that during agenda items th� public should be giv�n an opport�nity to ask questi,ons r�g�=ding that parti�ular item. Councilmember Genco commented that if a citizen wished to �peak during Comm.unications from Citiz�ns on an item that was on the age�nda, the Mayor could say that was an ager�da item. and could be addressed at the tune it was b�aught up on the a�genda. Vi11ac,�e Clerk Manganiello commented if an individual CQUncilmember, or anyone else �.o was asked by the Mayor if they wished to respond, chose to respond durinq Commun�.cations from Cit�.zens tha� cou�,d lead to discourse. Councilmember Ge�.co respo�.ded everyone should agree that if it was in re_gard to an agenda item each would • answer that they would respond during �he ag�n�ia item. It was decided that the three minut� time limit would be for the whole discourse, and there would be stric� adherEnce to tMe 3-minute limit. The RecorCiing Secr�taxy questi.oned whether the 3-minute limit applied during agenda item.s, to which the response was that it did. Vi�e Mayor Schauer recommended that at the November Villaqe Council meeting the Mayor shou�.d announce the_..procedural changes made at this meeti.ng and that they would be in effect from now on. Mayor Capretta agreed that was a good idea. Mayor Capretta sugqested Communi�atians from Citizens be moved to follow the Consent Agenda, which would allow all hous�keeping items to be done first, and would leave the real meat of the agenda to follow. CouMCilmember Dalack agreed except with the provision that the Mayor would have the option to change the order on the a.genda in special circumstances, such as the school discussion w�ich �ook place at a recent meeting when there were many people who came s�ecificallx for that sub1ect, Mayar Capretta responded that sometimes when a.group came for a particular item, he could move Communications �rom Citizens, but would normally li.ke to see all housekeeping matters first, then e � 1 l � ; VILLAGE COUNCIL WORKSHOP MEETIN(3 MINUTES Noven�er 3, 2000 PAGE 10 ----------------------- { Communication.from Citizens, then the rest af the agenda. The Mayor commented that Village Manager Couzzo had suggested a fixed time such as 8.p.m. be set for Communica�ions from Citizens, but this way it should fall normally at around 7:30 p.m. Vic� Mayor S�hauer noted that Communications from Citizens used to be last on the agenda. Councilmember Walker comntented that Comn:�unications from Citizens was last on the Community_Appearance Board and Board of Adjustment a.gendas . The Vice Ma.gqr commented that she thought moving it later on the Villag� Council agenda would start everything in a better tone. Village Clerk Manqaniello clarified that the 3-minute limit would also apply during citizen involvement on a_genda items. Mayor Capretta requested discussion of how to handle situations where a member of the Village Gouncil wanted to instruct the Village Manager and Attorney_ to do something, such as occurred at a recent meeting w�.en citizen Jiun Humpage had read a statement from the organization he'was � representing re.garding a referendum on �h,� location of the Village Hall� following which Councilmember Genco had � instructed the Villa.ge Mana,ger and the �.ttorney who was present to prepare language for the ballot. Mayor Capretta e�ressed his opinion that the ri_ght wag to handle that procedure would have been for Councilmember Cenco �o address the Mayor and re.quest that item be placed on the next agenda. Councilmember Genco stated that was what she had done. Mayor Capretta commented he w�nted to be sure everyone understood the procedure if a Councilmember wanted something added to the next a.genda, work dpne by the sta�f, etc., and whether a vote would be taken. Mayor Capretta described a scenario where a Councilmember.y�ranted something done by staff under New Business�_ and requested the Mayor add the item to the next a,genda, and .questioned whether he should respond by asking for a motion to that effect. The Village Attorney responded that the issu� was how things would be added to the aqenda and the full Village Council needed to determine whether to,,put the item on the next agenda as requested. Village Attorney Randolph commented it did not seem appropriate to,place items� on that night's agenda at all with staff having no opportunity to do any backup or to know anything about the item; and it put the Village Council at a disadvantage of having to vote on something without possibly having all the information they � � Y ; VILLAGE COUNCIL WORKSHOP MEETING MINUTES November 3, 2000 PAC:E i 1 � ----------�-------------- needed to make a vote. Village Attorney Randolph noted this type of situation had come up another time regazding the Country Club monuments and whether �noney should be spent to fix the sidewalks. The Villaqe Attorney advised that it was appropriate, as had been done in the past, for each .to say they would like to discuss a matter u�nder Any Other Matters, but that it should be �.n informational matter� such as re�orting attendance at a meeting. Village Attorney Randvlph advised that it was ng� appropriate to bring up a new matter to be voted on that night since it placed both staff and Council at a disadv�antage; however, under Any_.Other Matters was the tim� to request an item be added to _the ag.enda.. .for the next. ,meQting Co�i.n.cilmember Genco commented there would be some minor items that could be dispased of quickl,y by voting tk}at night, that discussion could be held on i.tems and then a vote taken whether to _.put it on the next .aqenda, and also if a Councilperson was not prepared to vote on an item they -- could request it be delayed to th� next a,�enda. Attorney Randolph advised there were disadvantaqes to voting an new ' items which were that if Councilmembers kn�w they could add •a new item and attempt to talk the other members into voting on it that night it allowed for the agenda to be prolonged,._ the �ublic had not been notified that item would be discussed that ni.ght because it was not on the agenda; and the staff and the rest of the Councilmembers might not be prepared to address that_..particular item. Councilmember Dalack expressed his opinion that as a matter of standard_.policy the Villa,ge Council shquld not vote on any item which was not on the agenda, particu�arly because the ,�ublic would not kziow it was .going to be voted on. Councilmember Walker and Mayor Capretta expressed agreement. Councilm.ember Dalack com�nented he had recansidered things following a meeting, for example, the Country Club monuments., and_ tMe procedure for reconsidering_ an action. Village Attorney Randolph responded that under Robert's Rules of Orc�er, a motion for reconsideration should come at the meeting or at an adjourned meeting, but if a Coun.cilm,�mber wished to reconsider he or she would have to request a speaial meeting or add it to the agenda at the ne�t meeting if the n�oney had not been spent, but a situation could arise where one Councilmember asked the Village Mana.c�er not to spend the money because they wanted the action reconsidered but � • - � VILLAGE COUNCIL WORKSHOP I�ETING MINUTES Novemher 3, 2000 ' PAiGE 12 ----------------------- the other Councilmembers did not agree. Vice Mayor Schauer read aloud a section irom Robert's Rules of Order which discuss�ed recon.sideration of motions, a�.d advised that goQernment should check with their attorneys and proceed carefully, since they might have statutes or laws concerning the presentation of business, and some governm�nt organizations had adogted rules of order to � allow the vote on a motion to be reconsidered at the n�xt meeting. Attorney Randolph responded tha� was not to say that if action had not been taken� for instance in the monument situat�on, a Councilmember at the next meeting could indicate they wished to place the item on the next agenda and then the others who had voted for the motion could either say they did not want to do so or to h�.ve the matter_.placed on the next agenda. Di�cussion ensued. Village Clerk Manc�aniello pointed out this procedure would prolong the matter for another mont�. CounFilmember Dalack commented wha� would ha�?pen if a contract had been executed, to which the re�ponse was it wQuld be too late to reconsider. Village Manac�er Couzzo suggested in those types of situations to try to find ou� �f the issue was •time sensitive and if the Councilmembers fel.t they really did not l�.ave all the information then vo�e to defer. It was noted that the Country Club monument situation had not been on the agenda that night and was a good examgle of violating the rule of not voting on items that were not on the agenda. Councilmember Genco explainec� she had brought the matter up. because it had been discussed at so many prior Council meetings that she had fe�t everyone was prepared to deal with the issue. Councilmember Dalack commented the situation dramat�zed the nec�essity of having a policy. Councilmember Dalack requested a policy on reconsideration. Villa Clerk Manganiello commented that speaking as a staff �erson� staff may__have already set in motion the direction.,given them by the vote, and problems cou�d be created if it were to become a habit to reconsider items. Ma.yor Capretta commented the only way to handle reconsideration was to bring._it up under Any Other Matters at the next meeting and ask for a vote, and if the situation had already_.been taken care of, such as in the case of the Country Club monument� wherethe money had been s�ent� then it was too late; so at the November 16 meeting if the money had not been spe�.t then it could be brought up. Councilmember Genco commented i€ a request , . . ; VILLAiGE COUNCIL WORKSHOP MEETING MINUTES Nove�er 3, 2000 PA�E 13 ------------------------ for reconsideration was not made before the meeting adjourned then the Village Council was opening �hemselves to liti.gati.on by changing their minds at a later date. Village Attorney Randolph advised that was true if one person was abZe to cha�ge the direction of the Village Council, but putting it on the agenda for the next meeting for a vote shQ�ld be okay. Vice Mayor.Schauer commented there were sometimes matters which ca�ne up after the agenda was published which needed to be considered at the meeting, and suggested in those situations that the Village Man�ger be no�ified given all possible back�ap information, and assure that the Village Manager provided that infox�nation to eaGh member of the Villag� Council prior to�the meeting. Councilmember Walker suggested that Vi.11age Mana.ger Cotzz�o co�}ld add the item to the agenda under Approva7. of Agenda to keep to the new policy just established, that voting would only be on items which were on the agenda. Vi�.laqe Clerk Manganiello commented that did not _.give enough timc� to review the information. The Village Attorney commented that it would �be informational items and not items that would be voted on, and items should not be added unless it was an emer.gency situation. Villa.ge Clerk Manga�iello commented staff would make every attempt not to add last minute agenda items unless it was absolutely �ecessarg. Vice Mayor Schauer commented that the money needed for the railroad cross.ing had come up at the last alinute, and there would be other similar situations. Village Clerk Manganiello summariaed that the decisiox� was to try to limit Any__Other Matters to informational matters, such as reports of.meetings_attended, and shauld...a matter need to be reconsidered that would be the time to vote on whether to place it on the next agenda. Mayor Capretta requested the Villaqe Manager write up the procedural changes made at this next meetir�g to be reviewed by the Councilmembers and then h� would use that list.to make a statem.ent at the next meeting of the Village Council. Village Attorney_ Randolph commented that since this was a workshop meeting where no vot_c� could be taken these were really not changes, but that in light of the comm.ents made at this meeting_the Village Manager could write a list of procedures. The Mayor clarified he would < • � : V�LLAt3E COUNCIL W4RKSHOP MGETINf3 MINUTE3 Nov�r 3, 20b0 Pl� 14 ----------------------- Iike the list reviewed by the Councilme�bers to be sure everyone agreed those were the procedures discussed at this meeting. Vice Ma.yor Schauer eommented sh� had a hard ti.me with a vote being recqnsidered on an agenda item ax�d the only time it was proper was at the same �n.eeting the vote was taken. �lttorney R�ndolpJ:i stated that was correct under Robert's Rules of Order, but that was no� to say that if a Councilmember, upon reflection,. believed their vo�e had been wrong, that tlze Councilmember caul�i not under Any Other Matters sta�e they had thought about the way the Cbuncil had vQted on an is�ue and ,request it be placed on the next agenda for discussion. Attorne�r Randolph expla�.ned tha� if the others who had voted in favor did not agree, that was the end ot the matter; or it could be voted on to _.p�.ace a,t on the next a.genda . The Vice May�a� commented sh� wan�ed to avoid havinq everX decision second guessed, to which the �esponse raas it was extremely unla.kely.to hap�en since three meznbers of the Council mus� = vote for it to happen; and the Village At.�orney commented ,, . . , .;_ _; , if things- w�r.e- . al�_eady -in. mo.�ion _and the money spent i� woulcl be too late . Councilmembex Dalack called for discussio� on adhering to the 3-minute rul�, during__which agreemen� was reach�d that the �peaker should be allowed �o finish their scntence but nqt �o finish their thought, since that could take a long time. The Village Attorney advis�d that a sgeaker should not be allowed to gi.ve thei� 3 minutes to someone el.se so that they could speak for 6 mi.nutes. A,__past situation where a speaker k�ad been allawed to Gontinue out of respect for his a.ge was mentioned. Procedure for acceptir�g requests to s�eak was dis�ussed. Th� Vice Mayor advised that the School Board was so strict that or�e must `teleph+�ne ahead of time to be allowed to speak. It �taas agreed that request to speak cards would be acce_pted a�ter the meeting had started up until the time Communications from Citizens started, but the Recording Secretary woul�i._.hand the cards to the Village Manager rather than passing them down the line. Gouncilmember Genco reguested information on the purposes of advisory_ and standing committees and the Special Mas��r hearings, what those committees were formed to do, what occurred as a res�ult of those commi�tees, the � �. w ', VILI+A+k�E C4tYNCIL WORKSHOP { MEETINCi MI�ES Nov�mber 3, 2Q00 P1R�C3E IB ....,.___..__.._...,...._�._�..»_.. participatian---if any-of the Village Council, and what was done with resolutians that came f�om those comm.ittees. The Village Attorney respanded that the Special Master hearing� wexe for code enforcement, which the Village Council wa�s not and should no� be involved in at all, because the Special Master was si�ti.nq in a quasi-judicial capacity and ruling. The Vi].lage Attorney commented he had never attended an administrati�re comm.i.t�ee meeting so did not know exactly w�iat occurr�d but usual�.y the people on the commit�ee would d�.scuss a par�Cicular is�ue and the public could have input, which he unders�oad was the way the Vil.lage cond�xGted t�.eir commi�tee meetinqs. Village Atta�ney Randolph �o�nented that k�e was. _ r�ferrinq ta adxnin3.strative committees such as the Finance and Admini,rtra�ion Commi�tee , Counciln�ember Genco indicated she referred �o those as standinq coammittee�, and the �ree Board, etc ., as �c3v�.sory commi�tees . Th� �T'illage Attorney advised it wa� not a good thiz�g for Councilmembers to , attend advisory board meetin:gs unless th�ey were ne�r and � wanted ta see ho�r things warked, and k�y all means should not go to t�iose m�etings and make reeommendations ar state .their thoughts on an issu� because tho�e Bo�rds were appointecl by the Council to advise the Goun�il, and the Councilmembers should be approached freshly on issues considered by �hQSS B�ards . The Village-.Attorr�ey cowmented that some o� the Boards made recommendatians and same made final de�isians, and a Councilm�mber _s�ould not �xert znfluen�e when they had appointed boards to make deci,sions, and sometim.es the mere presence of a Cau�cilmember could influence me�nbers ot a Board. The Villaq� Attorney reported he had been called to the Comm�nity Appeara�ce Board to advise new members regarding such items as the Sunshine Law. l�r. Randolph inc�ui=ed whe�her standing cammittees were scheduled on a particulax dat�, to which Village Clerk Manganiello re�panded that at th� suggestion of Counci.3.member Ge�co, staff was attempting to set a certain day and time for each commi.ttee shQuld the need far a meeting arise, whicM wvuld be decided at the n�xt meetinq of each committee; and that the anly co�.tte� for which a day and t�.m� had been selected was the Redevelopment Cammi.ttee. Mayox Caprstta noted that at the com�mi.ttee m�etings Councilm�mbers not on the eommittees attended; aad he liked th�m to particigate. Village Attorney Randolph J stated that was no problem. Counci].member G�n�o stated her • � - ► ; v�Lt� covrtcxL woRxsaop M��TINQ MINUTES NOVa�nber 3, 2000 PA�t3E 16 � �w4��r�r��r���r+��r.�r��w�w�r i opinion that if a standing comxnittee did not meet at least � once a year it should be dissolved; however, the Village ! Clerk noted ordinarily all committees �net several ti.mes during each year; however, with the recen� transition the , committees had not met but a Public Works Committee meeting would be held in the near future. The Village Clerk requested that if the rec�ular appointee to intergovernmental ageney committee meetinqs could not attend that Village staff `be contacted so that the alternat� could attend, in o�der to assure continuity and so the Village would r�ot miss out on information. Ms. Manganiello camment�d she believed it was i.mpoxtant for th� attendees of the interqoverrunental agency committee meetings to report what had occurred to the Village Council, so that an alternate would be advised of what was happening in case they were called on to attend. Village Manager Couxzo suggested staff sit in the audience during meetings rather than at a table in front of the dias; and come to the podium to make presentations, which .would make them feel more comfo�table and would also open the space in front of the Council. The Village Manager anaounced that three-ring binders would be provided ta each Councilm.ember for their agendas. Mr. Couxzo cvmmented that his office would be obtaining folded note cards with the Village crest on the �ront and a history of the Village and names of the Mayor and Council on the back, so that hand- written notes could be sent. The Village Manaqer advised that these cards would be a�railab�.e for use by Councilmembers, and suggested th�y might be used for the Meet and Gree� program. Village Manager Couzzo suggested each Cauncilmember could contribute to the newsletter on a rotating basis, if they chose to do so. One Councilmember indicated they did not wish to participate. Vice Manager Couzzo requested the Village Council review and reaffirm if they so desired the qoals established at their August meeting, since he had not been the Village Manager in August. Mr. Couzzo questioned whether those were the qoals the Council wished him to carry out or if they wished to amend them. Village Clerk Manganiello passed out a la.st of the goals to each Councilmember. : Mayor Capretta reminded the Councilmembers that there were two sets of goals and objectines-one for the Council and � � , _- � i v�r.�E coc�xciL wo�tsxop MGETING MI1�ItJTE3 Nov�r 3, 2000 FAQ� 17 .... _ _.�..---�--:. _....------- one for the Village Ma.nager, and that the Village Manager would be evaluated for his performance on carryinq out his goals. The Vi,llage Clerk explained that the Village Manager's goals had been established in Februar�, and that four of the five Village Manager goals listed were her responsibiZity and were being i.m�lemented. V�.ce Mayor Schauer indicated that Mr. Couzzo could assume the goals and objectives li$ted were still in plac� unless a speCific change was instituted. The Village Glerk suggested new goal.s and objectives be established after the new Village . Council was in place following the March elect�.on. Councilmembez G�nco requested the Village Manag�r do a financial study update on the construction of the Village Hall and Fire Rescu� facilities and laring it to a Finance Committee meeting and then to Village Council. V3,llaqe Attorney Randolph advised that cauld not be discussed at this time but that Councilmember Genco might wish to brinq it up at another time. Village Manager Couzzo thanked everyone for meeting on a .Friday. Councilmember Walker commented she thought it was great that staff would not be sitting at the tables at meetings, but requested that department heads attend the meetings because there were times trie Village Council did not know the answers to issues and neecled to consult them. Villaqe Manager Couzzo commented that was not a problem, especially since there was only one meeting a month, and that he would change his instructions that theg did not need to at�end. It was noted that if one of them could not be present, that particular item could be deferred. Mr. Couzzo advised staff did nat have to sit together in the first row, but could sit anywhere in the audie�ce, The 'Vice Mayor commented if there was an agenda item dealing with a specific department that department head would attend, and considering the new rules, if there was not a spe�ific agenda item for a clepartment perhaps that department head did not need to be �resent. Councilmember Dalack suggested it could be bet�er for morale if their input was not anticipated to be needed �hat they did not have to attend every meetinq. Vice Mayor Schauer questioned whether the employees received 3 hours comp time for attending meetings, to which Ms. Manganiello responded - they received personal ti.me and that their personal days M � t 7� �� VILLA�E COUNCIL WORKSHOP MEETINCi MINtJT�B November 3, 200� PAt�E 18 __.�.... ��,,,..�„_.._�,_... _ had been increased from 3 to 6 for that purpose. The Village Clerk commented on the passibility of holding meetings during the day�; however, the Councilmembers stated their preference fo� leaving the meetings as they were. Village Manager Couzzo asked whether the Village Council wished to continue having a police officer at the Village Council meetings, since the Police Chief was present. Vice Mayor Schauer expressed her opinion that she preferred having a police officer in the roam, which she agreed could be the Police Chief, Assistant Police Chief, or an officer. Village Clerk Manganiello di�cussed the coordin�tion process for using 3-ring binders for Villac�e Council agenda material. An envelope would be provic�ed so that the material could be removed and the binders with da.vidersleft in the Counci.l chambers, or to get it bacl� before the next meeting. It was agreed to work with each Couricilmember individually as to their preference. Consent agenda items were discussed. The Village Clerk explained that all consent agenda materials would be under or}e divider in the binder. It was agreed to no longer designate cansent agenda items by an asterisk an the agenda, but to have one .section on the agenda with all the consent items listed. V . ADJa�tJRNMENT The meeting wa�s adjourn�d at 3:45 p.m. Respectfully submitted, � ��� U � Betty Zaur Recording Secretary ATTEST: . J a�ganiel' .o Village Clerk DATE APPROVED: ��4ye�+.4-�-�- /6 � �aC� � ��� ^ ro Agenda - Village Council Regular Meeting 03/10/OS �1 _� - �j��� Page 2 5 , � y► � r y l; c� c� h l C a%� 7'�� . � �� �ouh c� (IN(�c � �✓ �r� CPJ C�'n �► - � H a tt i e S i e g e l c a s e - A s k e d t h e A tt o rn e y f o r a n u p d a t e on the jud g ment. Attorney Hawkins stated there were three lawsuits: 1) a foreclosure lawsuit, part of the Siegel litigation, where the foreclosure judgment was obtained and the foreclosure sale was scheduled; 2) Pending Federal lawsuit in which Ms. Siegel filed last April following the mediation, which the Village was successful in having dismissed, pending a motion for attorney's fees which was filed on behalf of the Village in the fall; and 3) a new State court lawsuit that Ms. Siegel had filed against the Village, which was pending, but the Village had not been served. He anticipates the Village will be served in the next few days. Attorney Hawkins indicated a11 three of these matters are pending. He stated the foreclosure action for all intent and purposes was over. He recommended the Village Council consider holding a closed-door session to discuss the Siegel litigation in general, with regard to certain strategic considerations relative to the sta.tus of the Federal lawsuit, the foreclosure lawsuit, and the Sta.te lawsuit. Council Member Genco indicated she was under the impression that after the last closed door session when the lien was sold, that had basically passed a11 the responsibilities, that had to do with the foreclosure and the lien, on to the purchaser, due to the assignment of the foreclosure and lien. She felt that was the end of it, that Council had basically washed its hands of that portion. She questioned if that was true. Attorney Hawkins explained the activity of the foreclosure action on behalf of the Village was basically concluded, and that the purchaser of the judgment had stepped into the shoes of the Village. He agreed that matter was concluded. Cauncil Member Genco pointed out there were twa matters still pending, and whether the Village wanted to do something in regards to the judgment for $12,000.00. Attomey Hawkins explained the Village had a Final Judgment of Dismissal, with a p�nding motion for attorney's fees, and the attorney fees in question were approximately $12,500.00. He mentioned that was pending before the Federal court. Attorney Hawkins recommended Council have a closed door session to discuss the federal court issue, and discuss the Village's response with regard to the State court litigation. He indicated those issues all sprung up from the allegations from Ms. Siegel. Council Member Genco commented she had hoped that when the �illage got rid of the foreclosure and the lien, that the file could be closed, and the attorney would not be needed no longer for this issue. She agreed to a closed door session ta discuss the federal court case, and the state court case. Mayor Humpage questioned whether Council needed to wait until the Village was served before having the closed door sessian. Attorney Hawkins suggested scheduling a time that was convenient to Council, possibly within the next week. Vice Mayor Watkins noted she would not be available Wednesday, March 23, 2005. 25 ��M �' Agenda - Village Council Regular Meeting 03/10/OS Page 26 Village Manager Couzzo suggested Council consider having a Council workshop, that was in the pla.nning sta.ges, and a closed door session on the same day. He suggested also a Special Council Meeting to discuss the advanced bond refinancing, because there may be some opportunities, due to the current interest rates, to restructure and save a considerable amount of money. Mayor Humpage indicated the Workshop would be discussed later in the meeting under Any Other Matters, and suggested waiting until that portion of the agenda to pick the dates for the closed door session and the workshop. COUNCIL MEMBER PATERNO — Western Corridor — Mentioned concerns with the development of the Western Corridor. He asked that more information be provided by either directing Staff or have Council research the matter, because this could be a potential problem for the Village as far as traffic and service trucks. He mentioned the Village was a beautiful place, and he wouid want to keep it that way, and it felt it really needed to be looked at. Council Member Genco commented she believed Police Chief Allison was doing tra.f�c counts, and following the traffic counts for a long time. She mentioned the Town of Jupiter in approving the developments has required some very heavy traffic studies, and updates as the developments come on line in phases. She explained it shows the amou.nt of traffic that could potentially reach Island Way, which would be the only way to get access to this side of the River. She indicated that was way Council decided at the last Council meeting to hold off on a traffic study until at least the Village had some traffic to measure. Council Member Paterno indicated he would rather be more proactive and that the Village needs to think of what the alterna.tives may be if it becomes a problem, rather than wait until there was a problem. Council Member Genco pointed out the Village had changed the Class roadway on Country Club Drive with the State, so that only so many vehicles could traverse the roadway per day. She sta.ted it also limits the size of the 4xucks. She mentioned the class of the roadway allows the Village the right to lirrut the access if the roadway is getting a larger Lraf�ic count, or the size of the trucks are too large. She pointed out that Mr. Jack Horriman about two years ago made the amendment to the State in order to ensure that the roadway can not be widened or could not get a heavy amount of traffic. Counoil Member Patemo mentiQn�d concerns with the amount of the traffic t11at would be on the roadway. He felt there was little or no cooperation from Martin County to do anything to help alleviate the problem. Cauncil Member Genco mentioned she would love to open the door with Martin County on getting the County line road extension put through. She felt that would be the best situation, since the Village would be having traffic come from U.S, One. She felt County Line Road would be the best way to ha.ve tlie roadway because 26 �