HomeMy WebLinkAboutDocumentation_Regular_Tab 04F_11/16/2000 � �
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, � y � VILLAGE OF TEQUESTA
� DII'AR'I11�.NT OF CO1�Il�Ii.TNI7Y DEVEI,OPMENT
y � o � Post Office Box 3273 • 357 Tequesta Drive
�� `'� o �' Tequesta, Florida 33469-0273 •(561) 575-6220
� y � y �" FaY: (561} 575-6239
y Co
�,Lr��E OF TEQUESTA
V�LL�;�GE CO�CIL WORKSHQP
11�ET�NG MINUTES
�TO�E.11-!ISER 3, 2000
I. CALL TO ORDER A�D ROLL CALL
The Tequesta Village Council held a Workshop Meeting on the
subject of General Policies and Procedures at the Village
Manager's Conference Room, 250 Tequesta Drive, Suite 300,
Tequesta, Florida on Friday, November 3, 2Q00. The meeting
was called 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. D.ala.c.k.,. Councilmember_ �e_r�ldine 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
Vi.ce Mayor Schauer made a motion to apprave the Agenda as
submitted. Councilm�ember Genco seconded the motion. The
vote on the m�tion was:
�oseph N. Capretta - 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
VILLAGE COUNCIL WORKSHUP
MEETING MINUTE3
Navember 3, 2000
PAGE 2
was approved as submitted.
III. COMMUNICATION FR4�I CITI�ENS
There were no com�cnunications from citizens.
IV• REVIEW ,AND DISCUS3ION OF C�ENERAL PQLICYES AND PROCEDURE$
Mayor Capret�a announced that this meeti�.g woulc�. address
general policies and proceduxes to make meetings more
businesslike, and woulc� be discizssed in two phases.
Discussi.on durinq Phase I would address the publi.c talking
to the Village Co�ncil, i.e., how and w�hen cammunication
from ci.tizens would take place, discussion of the public
asking c�zestians of specific members vf the ViZlage
Council, non aqenda i.tem�, an.d en�arc�ment o� the 3--minute
rul�. P�ase II would be a d.iscussion of haw the Village
Council members dealt with each other, addressing such
items as cha�nging the agenda, request�n.g staff work,
calling the roll for each �rote.
Mayor Caprett� requested that in the futu�e the rol), call
�or voting be ordered as follows : The maker of the motion,
the person who second�d the motion, the Mayor last, and the
ath�rs mixed up i.n any order. Councilm�mber Dalack
suggested that voting b� in the form of "ayE" and "nay" the
majority of the ti.me, unless an item was controversial.
Village Attoxney Randalph advised that it v�as not necessary
ta have a roll call vote, al.thouqh sometim�s it was more
orderZy for the �lerk, and if the Villa,ge Cpun�il preferred
to have "aye" arid "nay" votes they could do so except when
there seemed to be a roll call. Mayor Gapretta indicated
he would call for a roll ca].1 vote if there seemed to be
a divisian. Village Attorn�ey l�andolph ad`rised tM.ere was
nothing in the Village charter or in Rob�rt's Rules of
Order that required a roll call vote. Diseus�ion ensued.
Attorney Randolph advis�d if there was only one "nay" it
w�ouid be cleaz who voted but if the �lerk could not
distinguish who voted "nay" that � roll call should be
done. Councilmember �enco pointed out that i.f there was a
� "nay" then a roll ca�.1 vote could be done; that sameone
could request a roll ca11 vote; and that �omeone could
VILLAGE C�UNCIL WORKSHOP
MEETING MII�iLJTES
November 3, 2000
PAGE 3
request a blind ballot vate. The Village Attorney
indicated that a blin.d ballot vote was done very
infrequently, not when requested by an individual but th�re
should be agreement on the types of items for which �he
Cou.ncil wanted blind ballot voting, for instance, if it
were somewhat embarrassing to have a voice vote in regard
tra appQintment of a person to a Board. A�torney Randalph
advised, however, that ballots mu�t be signed, and they
became a.part af the public record, so the end result was
the same-every_one wauld know how each person voted. Vice
Mayor Schauer commented the only time she had dane a
written vote since becoming a member of the Village Council
was dur.i.ng Mr. Gouzzo's a.nterview. The yil�.age Attorne�r
commented it was not appropriate to vote blind ballot much
but i�t was an option.
Village Attorney Randolph commented tY}at this was a
workshop meeti,ng and therefare the Village Counci.l could
not tak� votes at this meeting, but it was an oppartunity
ta work out procedures. The issue of vpting w�s clarifiecl
that vating trould be by "aye" or "nay" vqte, except when
the Mayor or another �ouncil.member requeSted a roll CaZl
vote; and rall call votes would be orctered and called for
by the clerk with the person who made the motion called
first, the person who secorided �he motion called second,
and the others called in any brder except the Mayor would
be called �Q vote last.
V�.liage Attorney Randolph requested di�cussion zegarding
Communicat.ians from Citizens of whether the Village Gounc.il
wished to retain the 3-minute rule, the consistency of its
application, whether its pasition on the agenda sklould be
moved, and the role of citizens at that stage. The Village
�ttorney explained that in ather entities y�rith which he was
fama.la.ar, this agenda item wa� an opportunity for the
ei�cted bod�r to hear the concerns of the �itizen� and was
not an oppartunitX for debate, not an opportunity �o ask
questions of particular Councilmembers. Attorney Randolph
advised it was his belief and that under Robert's Rules of
Ord�r any question put to anybody shoul�i always be put
through the Chair, by the public, by th� Councilmembers ar�d
staff, and the Cour3.ci]'members and staff should all say,
"Mr. Mayar, m�.y I address tha� point7" Pittorney Randolph
expressed his opinion that it was not appropriate during
VILLA�GE COUNCIL WORKSHOP
MEETING MINUTES
November 3, 2000
PAGE 4
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Communications from Citizens for a citizen to ask questi.ons
such as: "Mr. Ran.dolph, why didn't you do that?", which
they could call him on the phone to ask. Attarney Randolph
advised it was his opinion that Communicatians 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 qu�stions at that
particular time. Mr. Randolph explained that in other
entities that portion of the agenda usually went very
quickly, with people speakinq for 3 minutes and then the
meetin,g .proceeding ta the next agenda item. Attorney
Randolph commented that recently, riqht or wrong, that
portion of the meeting had gone on for an hour or an hour
and a half because the Villaqe Council was attempting to
ans�er questions asked at that time, and h� was snggesting
the Villaqe Council miqht want to look at that in a
different way. Councilmember Genco comm�nted there were
several issues: {1) there were qeneral communications from
citizens where citizens were askin.g ite�res such as when
would their road be� paved, etc .( 2) there were speci.fic
concerns with regard to a definite agend� item. Village
Attorney__Randolph advised that would not be discussed under
Communi.cations from Citizens, but under thQ specific agenda
item. (3) Citizens statinq a Councilmember wa� on the
record for saging sQmething and wanted t�i.e Councilmember
to state their position. Councilmember Genco stated she
felt she should be able ta .justify her �easons. Mayor
Capretta commen�ted. th�. cit.i�ens._ shauld. ask the Mayor, and
he would then ask the Councilmember if he or she wished to
answer that at that time, whi.ch would give the
Councilmember a choice wY�.ether to answ�r the question
publicly at that mc�ment or whether they preferred to handle
it in a different way, which would avoid t#ie conversations
that had been happening with dialog between a citizen and
a Cauncilmember, and then others speaki�.g up. Village
Attorney Randolph advised Councilmember Genco that in order
for her to m�ke comment� rega�ding h�r feelings on
something she did not have to ha�re a resident ask, but that
she had the right to say what she wanted about any topic
at any particular time. Villaqe Attorney Randolph advised
against establishing a situation where a Councilmembe�
would say to a resident that in arder to get a discussiox�
on a particular topic they should ask a s�necific question
to give the Councilmember an opportunity to speak �heir
VII�LAiGE COUNCIL WORKSHOP
MEETING MINUTES
November 3, 2000
PAiGE 5
position. The Village Attorney explained that his idea of
Communications from Citizens was a citizen saying, "My road
has not been..paved, you have promised to pave it for the
past six months, and I wauld like �o know when you will do
it", to which the Mayor could then respond by asking Mr.
Couzzo if he knew the status and if he did he could
respon.d; but this was not the ti.me for any Councilmexnber
or any Staff inember to be put on the spot regarding a
matter that was not an a,genda i.tem. Councilrnember Genco
expressed aqreement. Councilmember Gen.co commented if the
question was regarding an issu� on wh.ich � vate had been
taken in a prior month and she was asked by the Mayor i.f
she wanted to respond, then she was ma_�ing a decision
politically if she wanted to make her position public or
if she wan�ed ta handle it on an individu�.l basis pe�haps
because sh.e was not prepared or if she was ready to take
the political reperGUSSions, which was politics. Attorney
Randolph respanded he did not think Communications from
Citizens was a time for.politics, but wa� a time to hear
from resid�nts and not a time for questions �n.d answ�rs,
The TiTillage Attorney advised that there were a lot of
questions p,eople 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 questions to five.people, even if it was thraugh
the Chair, durinq Communicatians from Ci.tizens, it could
get out af control. Mr, Randolph advised i,t was a decision
to be made by the Vi.11age Gouncil, but he had not seen it
work in other communities like it had wo�ked in �equesta
recen�ly. Counciln�ember Genco stated she agreed, and that
n�.eetings were lasting longer than they should. Mayor
Capretta indicated he felt he should shield the
Councilmembers and the staff by makin c�.estions come to
hi.m so that no one would be put on the spot if they were
not 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 by a resident with a
letter or phone cal.l, to which Attorney Randolph responded
affirmatively, Attorney Randol�h conunented that
Councilmembers coulci. do that but most of tl�.e time it would
not be necessary, because the Villa,ge Man.ager would be
listening to the residents during the meetirig and as a
VILLP,�GE COUNCIL WORKSHOP
MEETING MINUTES
Navember 3, 2�00
PAGE 6
-----------------------
matter of course would attempt to answer tl�em. The Village
Attorney advised that the problem with trying to answer all
of the questions in a Council meeting w�s the length of
time added to the meetinqs, and at County Commission
meetings and other meetings peop�e would m�ke comments, the
Chair would thank them, and the meetinq would proceed to
other matters. Mayor �apretta cammented �hat many of the
Communications fram Citizens v�rere speeches rather than
questions or complaints., which was the reason the 3-mi.nute
time limit was originally institut¢d so that meetings would
not last forever, and that many times the citizens wanted
to tell the Village Council what they thought, which was
one af the reasons Communications from Ci�,izens was on the
agenda. Villaqe Manager Couzzo commented he would be happy
to respond back and that two reading fil�s were now kept
of all correspondence. Mr. Couzzo announced that he
planned to be at Council meetings an .�our before the
meeting to answer any questions. Councilmember W�.lker
commented that Mr. Couzzo planned to sta�t this practice
at the November Villaqe Council meeting �,nd suggested if
Coun�ilmembers also want�d to show up earl� before meetings
so that citizens could ask them questions rather than
asking the questions during the meeting Mr. Randolph
cau'tioned that could be treadinq on danqerous territory if
Counci]..n�.embers were going to arr.ive early and min.gle with
the public to answer c�uestions, and recommended that be
noticed. Mr. Cauzzo commented his idea wras just for him.
Attorney_ Randolph explained that if Councilmembers were
speaking individually to their consti��a.tients �hat was
fine; however, if it was scheduled for 1/2 haur before each
meeti.ng it became organized and if three or four members
of the Villaqe C'ouncil were in one room discussing matters
that could come before the Village GounCil they ran a risk
of violatinq the Sunshine Law. Coun�ilmember Genco
commented she liked Mr. Couzzo's idea of him going early
to s�eak with the public�. an.d thouqht everything possible
should be dane to establish better communication.
Councilmember Dalack wondered if durinq the public meeting
with the Village Manager, Councilmembers �ould be pr�sent
only to listen and not say anythinq, since he felt it would
help him to hear what people wanted w�.thout someone
interpreting it. Mayor Capretta responded that it would
be impossible for Councilmemb�rs not to speak. Village
Manager Couzzo explained he envisioned a very informal
.
VILLAiGE COUNCIL WORKSHOP
MEETING MINUTES
November 3, 2000
PAGE 7
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 guestions in an informal setting �ho
miqht be hesi.tant to speak fram the podium during a
meeting. Mayor Capretta suggested that I�r. Couzzo could
provide the Councilmembers wi.th a list of the questions he
had been asked, which would answer Mr. D�lack's concern,
and advised that the session.s would probably start out with
a lat of guestions but then level off to only a few, but
he would still be there if people wanted to talk to him,
and would,present a frien.dly concept. Coun�ilmember Dalacl�
stated it was a good idea for the Villaqe Councilmembers
not to be.present. The Village Manager stated he would
send to the Cauncilmexnbers a list of the questions that
were asked. Vice Mayor Schauer comment�d if a group 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 �h�t subject.
Mayor Ca�retta conunented he had obtained a brochure from
Jupiter describin,g their procedure for est�blishing Charter
Neighborhoods, which he would present �o the Cauncil at a
future meeting. Jupiter 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 some residents of the Village from ti�n.e to
time mentioned that they were not with�n a Homeowners
Association. A proqram like 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
som,eone's home.
The Mayor explained he had discussed with the Village
Attorney the order for speaking during quasi-judicial
hearings, and explained that the problem �}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
on this issue ensued. The Village Attorney advised the
applicant should have the last word to �ddress anything �
that came up from the public since he had to carry the
burden. Councilmember Genca suggested cal�.ing for comments
from the public following the Villaqe Council's discussion,
since that discussion might answer some of the public's
VI�7�AGE COUNCIL WORKSHQP
MEETING MINUTES
Novembe� 3, 2000
PAiGE 8
�j����/w��w�������T��r��
questions . The folloy,ring order t«ras decided upon:
f1) Applicant
( 2 ) Staff
(3) Village Council
(4) PubliC
( 5 ) 3�i.pplicant - final comments
(�1 Executive Session - voting
This would make twb changes: assurin.g 'the public would be
called upQn befare the vvte, and allowi�.g the applicant
final comments before th� vote.
Swearing in pf wi�n,esses was discu�sed. `Tillage Attorney
Randolph recommended it be stated at the beginni.ng of �h�
hearing: "All peopl� who wish to speak fo� or against thas
project please stand and be sworn in." The Village
Attorney indi.cated he believ�d it va�as not necessary to go
around the rc�om a�king, each person to give hi� n�.me and
address since they would do t1�at when they spoke, and that
i.f du�inq the hearing anyon� wanted to speak who had not
been s�ro'rn they cou.ld be sworn at that t�.me, V'iCe Mayor
Schauer reported an attorn�y.had called her inquiri.ng �.ow
the Village handled quasi-judica.al heari�+�.gs in regard ta
publia commen�s, and she had responded that the public was
called upon after dis�ussion. by the 'Villag� Gauncil. Mayor
Capretta commented that had not changed. Vi,llage Attorney
Rancialpl� discia.ssed e�-parte Comta.unication, and advised that
re�orts by each Council.member zn.ust state who they spol�e to
and the subject discussed because everyone in the audi.er�.ce
needed to know what had tran5pired, and the applicant could
know what he was facing, �aecause the Cow�cil.xn.exnbers were
not supposed to have any preconceived ideas as to haw they
were going td vote on an issue. Attorney �.andolph advised
that visiting the site must be announced as ��-par�e
communication,
Village Clerk Man,ganiello reguested clarification �egarding
how the in.dividual Councilmembers wer� to respond during
Communications from Ci.tizens since all questions and
conunents were to b� addressed th�ough the Mayor. Mayor
Capretta responded that he would asl� the CQuncilm�mbers if
th�y wanted to address th� subject at that tinne, which
would give them a choice to either resgond or to state they
VILLAf3�E COUNCIL WORKSHOF
MEETING MINUTES
November 3, 2000
PAGE 9
would respond with a letter or phone call, or howe�er they
wished. Mayor Capr�tta noted that he would do the same if
the comment or ctuestion was addxessed to staff or to the
Village Attorney. Village Attorney Rand�lph asked if the
resi.dents would be advised that Comm�n.�cations from
Citizens was a time foz the Viliage Council to hear from
the3a. instead of a time for questions �nd answers and
d�bate. Mayor Capretta r�sponded affirmatively. Village
Attorney Randolph adv.ised that dnring agenda items the
public shauld be gi.ven an opportunity to ask questions
rQgarding that particular item. Councilmember G�nco
commenfied that if a citizen wished to speak during
Commun.ications froin. Citizen.s an an item that was on the
age�nda, the Mayor could say that was an age�da item and
could be addressed at tY�.e tim� it was b�ouqht up on the
agen.da. Vill�.�e Clerk I�ar�qaniello cosnme�.ted if an
individual Councilm.ember, or anyone else jaho was asked by
the Mayor if they wished ta respond, chose to respond
during Communications from Cit�.zens tha� c,au�.d lead to
discourse. Councilmember Genco respo�ded everyone shou].d
agree that if it was im. re.gard to an agenda item each wauld
answer that they would respond during �he agenc�a item. It
was decided that the three minute time limit would be for
the whole discourse, and there would be s�rict adherence
to the 3-minu�e li.mit . The Recordi.�.g Secr�tary questiQned
whether the 3-minute limit applied during agenda items, to
wha.ch the response was that it did. Vige Mayor SChauer
recommended that at the November Village Council meeting
th� Mayor should anno�ce the.,proceduzal chan�es made at
this meeting and that they would be in effect from now on.
Mayar Capretta agreed that� was a good idea.
Mayor Capretta suggested Communicatians from Citizens be
moved to follow the Consent Agenda, which would allow all
hous�k�epin.g items to be don� first, and would leave the
real meat of th� agenda to follow. Coux�cilmember Dalack
agreed except with the provision that the Mayor would have
the option to ehange the arder on the a_genda in special
circumstances, such as the school discussian which took
place at a recent meetin,g when there were many people who
came specifically, for that subject. Mayor Capretta
responded that sometimes when a.group came for a particular
item, he could move Communications from Citizens, but would
normally l�ke to see all housekeeping matters first, then
VII,LAGE COUNCIL WORKSHOP
MEETING MINUTES
November 3, 2000
PAGE 10
Communication from Citizens, then the rest of the agenda.
The Mayor commented that Village Manager Couzzo had
suggested a fixed time such as 8,p.m. be set for
Communica�ion.s from Citizens, but this way it should fall
normally at around 7:30 p.m. Vice Mayor S�hauer noted that
Communications from Citizens used to be last on the agenda.
Councilmember Walker commented that Comnlunications from
Citizens was last on the Community Appearance Board and
Board �� Adjustment a.gendas . The Vice Mayqx commented that
she thought moving it lat�r on the Vi31�.g� Council agenda
would start everythin in a better tone . �T���a�e CZer?�
Manqaniello clarif��d that the 3-minute limit would also
apply during citi�en involvement on aqenda itex�s.
Niay�aar Capretta requested cl�scussion of how to handle
situations where a member of the Village Council wanted to
instruct the Villaqe Manager and Attorney to do something,
sueh as ocCUrred at a recen.t meeting w�en ci.tizen Jim
Humpag� had read a statement from t�ie organization he was
representing re.garding a referendum on �he location of the
Village Hall� following which Councilmember Genco had
instructed the Village Manager and the �}.,ttorney who was
present to prepare language for the ballot. Mayar Capretta
expressed his opinion that the ri.ght wax to handle that
procedure would have been for Councilmember Genco to
addzess the Mayor and request that item be placed on the
next agenda. Councilmember Genco stated that was what she
had done. Mayor Capretta commented he w�.n.ted to be sure
everyone urzderstood the p.rocedure if a Councilm�mber wanted
something added to the ra.ext agenda, work dpne by t1�e staff,
etc., and whether a vote would be taken. Mayor Capretta
described a scenario where a Councilmember_.�aanted something
done by staff under New Business� and requested t�e Mayor
add the item to the next a,genda, and .guestioned whether he
sho�.ld respond by asking for a motion to that effect. The
Village Attorney responded that the issu� was haw things
would be added to the aqenda and the tull Village Cnuncil
needed to determine whether to„put the item on the next
agex�da 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 �o do any
backup or to know anything about the i.tem; an.d i� put the
Vi.11age Council at a disadvantage of having to vote on
something without possibly having all the i.nfo�m.ation they
M
VII�LAGE COUNCTL WORKSHOP
MEETING MINUTES
November 3, 2000
PAGE II
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needed to make a vote. Village Attorney Randolph noted
this type of situation had come up another time regarding
the Country Club monuments and whether xn.oney should be
spen.t 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�der Any
Other I�latters, but that it should be �.n informational
matter� such as reporting attendance at a meeting. Village
Attorney Ran.dolph advised that it was nq� appropriate ta
bring up a new matter to be voted on that night s.ince it
placed both staff and Couneil at a disad�antage; however,
under Any,Other Matters was the time to request an item be
added to .the agenda..for the next m.e�ting Cot�ncilmember
Genco commented there would be some minor items that could
be disposed of quickly by voting tk}at night, that
discussion could be held on items and then a vote taken
whether to put it on the next agenda, and also if a
Councilperson was no� prepared ta vote an an item they
could.reguest it be delayed to th� next agenda. Attorney
Randolph advised there were disadvantaqes to voting on new
items which were that if Councilm.embers knqw 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 public 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 Cou.nci.l shQuld not vote on
any item which was not on the agenda, particularly because
the,public would not know it was going to be voted on.
Councilmeanber Walker and Mayor Capretta expressed
agreement. Councilmember Dalack coxa�n.ented he had
recansidered things following a meeting, for example, the
Country Club monuments, and ,guestioned tY�.e procedure for
reCansidering 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 Councilm�mber wished to
reconsider he or she would have to request a special
meeting or adci it to the agenda at the ne�t meeting if the
money had not been spent, but a situation could arise �rhere
one Councilmember a�l�ed the Village Manac�er not to spend
the money because �hey wanted the action reconsidered but
.
w
vzr�E cov�czL woRxsxop
MEETING MINUTES
Navember 3, 2000
PAGE 12
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the other Cou.n.cilmembers did not agree . Vice Mayor Schauer
read aloud a s�ction from Robert's Rules of Order which
discuss�ed reconsideration of motions, a}�d advised that
government should check with their attorneys and proceed
carefully, since they might have statut�s or laws
concernin� the presentation of business, and some
government organizations had adapted rules of order to �
allow the vo�e on a motion to be reconsidered at the next
meeting. Attorney Randolph responded tha� was not to say
that if action had not been taken, for instance in the
"monum.ent situation, 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 �he next a.genda. Di�cussion ensued.
Village Clerk Manqanie].10 pointed out this procedure would
prolong the matter for another mo�n.th. Coun�ilmember Dalack
commented what would happen if a contract had been
executed, to which the response was it wQuld be too late
to reconsider. Village Manac�er Couzzo suggested in those
types of situations to try to �ind out .�f the issue was
tinte sensitive and if the Councilmembers felt they really
did not have all the information then vo�e to defer. It
was noted that the Country Club monument s.ituation had not
been on the agenda that night and was a good example of
violating the rule of not voting on items that were not on
the agenda. Councilmember Genco explainec� she had brought
the matter u� because it had been discussed at so many
prior Council meetings that s�e had fe�t everyone was
prepared to deal with the issue. Cduncilmember Dalack
commented the situation dramatized the nec�ssity of having
a policy.. Councilmember Dalack requested a policy on
reconsideration. Village 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. Mayor Capretta commented the only way
to handle reconsideration was to bring it up under .Any
Other Matters at the next meetin.g and ask for a vote, and
if the situation had already been taken care of, such as
in the case of the Country Club rnonu�nen.t� wherethe money
had been spent� then it was too late; so at the No�tember
16 meetinc� if the money had n.ot been spe�.t then it could
be brought up. Councilmember Genco commented if a request
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VILLAGE COUNCIL WORKSHOP
MEETING MINUTES
Ncsvember 3, 2000
PAGE 13
-----------------------
for reconsideration �ras not xnade before the meeting
adjourned then the Village Council was opening �hemselves
to litigation by changing their minds at a later date.
Village Attorney Randolph advised that was true if one
person was able to change the direction of the Village
Council, but putting it on the agenda for the next meeting
fo� a. vote sPx�i�ld be okay.
Vice Mayor.Schauer commented there were sometimes matters
which came up after the agenda was published wizich needed
to be considered at the meeting, and suggested in those
situations that the Village Manager be no�ified given all
possible backup information, and assure that the Village
Manager provided that information to eaGh member of the
Village Council prior to �he meetinq. Councilmember Walker
suggested that Village Mana.ger Couz�o co�}ld add the item
to the agenda under Approval of Agenda to keep to the new
poli�y just established, that voting would only be on items
which were on the aqenda. Villaqe Clerk Manganielio
commented that did not .,give en.ough timc� to review the
information. The Village At�orne� commented that it would
be informational items and not items that would }5e voted
on, and items should not be added u.nless it was an
emergency situation. Villa.ge Glerk Manga�iello cammented
staff would m.ake every attempt not to add last minute
agenda items unless it was absolutely r�ecessary. �Tice
Mayor Schauer commented that the money needed for the
railroad cresssin_g had come up a� tl�e last �.inute, and there
would be other s.�milar situations. Vil].age Clerk
Man.ganiello summarized that the decisio� was to try to
limit .Any.ather Matters to informational matters, such as
reports of.meeti�gs attended, .and.should...a m.atter need to
be reconsidered that would be the time to vote on whethEr
to place i.t on the next agenda.
Mayor Capretta requested the Village Manager write up the
procedural changes made at thi.s next meetira.g to be reviewed
by the Councilmembers and then he would use that list to
make a statement at the next meeting of the Village
Council. Villaqe Attorney_ Randolph commented that since
this was a workshop meeting where no vat.� could be taken
these were really not changes, but that in light of the
com�nents made at this meeting _ the ZTillag�e Manager could
write a list af pracedures. The Mayor clarified he would
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VILLAC3E COUNCSL WORKSH4P
NlE�TING MINUTES
November 3, 2000
PAGE 14
like the list reviewed by the Councilm.��qbers to be sure
eQeryone agreed those were the procedures discussed at this
meeting. Vice Mayo� Schauer commented sh� had a hard time
with a vate being recqn�idered on an aqenda item and tha
only time it was proper was at the same �q.eeting the vate
was takera.. �lttorney R�ndolph stated that was correct under
Robert'S Rules of Order, but that was no� ta say that if
a. Cota.n�ilmember, upon refle�tion, believed thei.r va�e had
been wrong, that the Councilmember coul�. not tzn.der Any
Other Matters state they had thouc�ht about the way the
Council had voted on an is�ue and reguest it be placed on
the ne�t agenda for discussion. Attorney Randolph
explained that if th,e others who had voted in favor did not
agree, that was the end of the matter; or it could be voted
on to place it on the next agenda. The Vice Mayo�
commen�ed she wanted to avoid havinq every decision second
guess�d, to whieh th,e response �as it was extremely
unlikely to hap�en since three members of the Council mus�
vote for a�t to happen; and the Village At�orney commented
if things �zer.e. already. ..ix� mo.tion and �he money spent it
would be too 1ate.
' Councilmember Dalack called for discussio� on adhering to
the 3-minute rule, durinq_which ayr�ement was reach�d that
the speal�er should be allowed �o finish their s�nte�ce but
no'� ta finish their thought, since that could take a long
time. The Village Attorney advised that a speaker shauld
not be allowed to give �hei� 3 minutes �o �omeone c�se so
that they could speak for 6 minutes. 1� past situatian
where a speaker had been all.owed to continue out of re5pect
for his age was mentiox�ed. Pracedure for accepting
requests ta speak was discussed. The Vice �Sayor adv�sed
t�,at the ScY�ool Board was so strict that o�.e must teZephane
ahead af time to be allovsed to speak. It was agreed tl�at
request to speak cards would be accepted a�ter the meeting
had star�ed up until the tixne Communi�ations from Citizens
started, but the Recording Secretar�* woul�i,.hand the cards
to the Village Manager rather than passing them dowxi thE
line.
Gouncilm.ember Cenco reguested information on the purposes
of advisory and staY�din.g committees and the Special Mas��r
hearings, what those committees we�e fo�.ed to do, what
occurred as a res�ult o� those committ�es, the
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r�ETZxc� a�t�s
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par�icipation--if any-of the ViZlage Council, and what wa�
done with resolutions th.at came f�om those committees.
The Village P,.ttorney responded that the Special Ma.ster
h�arix�gs were for code enforeement, which the �7'illage
Council was na�t and shcsuld not be involved in at all,
bccause the Special Mas�er was sittinq in a quasi-judici�l
capacity and ruling. The Village Attorney comment�d he had
never attended an administzative comma.ttee meeting so did
not knor�€ esactly what accurzed but usual�.y tkze peopl� 4r�
�he commit�ee would discuss a par�Gicu�.ar issue and the
public could h�ve input, which he under�tood was the way
the Villags conducted thear commi�tee meetings. Village
Attorne� RandoZpY2 comm�nted �hat he was. referrinq to
adma.nis�rative committees such as the Ei.nance and
Administration Comma.fitee. �ouncilmember Genco indicated
she referred to those as standi.ng committees, and the T�e�
Board, e�c ., as �.dv�so�y com7n.ittees .�i.e y'il�.age Attorriey
advased it wa� not a good thix�g for Councilmembers ta
attend advisory boar�i meetin,gs unless th,ey were new and
wanted to see ho�a things worl��d, and by a11 means shau�.d
not go to those meetings and make recommendations �r state
their thoughts on an issue because tho5e Boarcls were
appointed by tY�.e C�wncil to advise the Gouncil� anct the
Councilmembers should be approached fresh�.y on is�ues
cansidered b�r �hose B�ards. The Village.At�torney ccum�tery.ted
that some of the Soards made recommendations and som� macle
final decisians, and a Councilmember s�ould not ex�±rt
influ�nce when they had appointed boards tt5 m2tk� d�Ci,SioJtz.�
and sametimes �Me mere presence of a Cow�.cilmemka�r could
influence me�ers o� a Board. The Villag� Attoxne�r
reported he had been called to the Co�tn�,xn.ity Agpearance
Board to advis� new members regarding �uch items as the
Sunshine Law. 1►�r. Randolph in+quired whether standizxg
comma.ttees �sere scheduled on a par�icuZax date, to which
Village Clerk Manganiello �esponded that at the �uggestion
of Courxci3,rnember Genco, staff was attempting �to set a
certain day and time for �ach �co�m.iti�ee shquld the need for
a meeting c�ri�e, which would b� decided at th� n�xt me�;ting
of eac�. cammitte�; and �hat the only coxn�i.ttee tor which
a day and time had been selected was the Redeve�lopment
Co�%.ttee . Mayor Capretta nated �hat at the com�anittee
m�etings Gouncilmembers no� on the aommittees a�ttended�, �z�d
he I.iked them to participate. Village Attc�rney Randolph
stated �hat was no problem. Counci�.mem�aex Gen�n stated her
•
a
VILLA�C3E COtJNCIL WORK3HOP
MEETING MINUTES
Novembe�7� 3, 2aoo
FAC� 16
opinian that if a standing committee did not meet at least
once a year it should be dissol�red; however, the Vill.age
Clerk noted ordinarily al1 com�nittees met several ti.mes
during each year; however, with �he recent transition the
co�a.i.ttees had not met but a Public Works Committee meeting
would be held in the near future.
TYze Village Clerk requested that if the regular appointee
to intergovernmental aqency committee meetings could not
attend that Vi.11age staf€ be contacted so that the
alternate could attend, in order to assure continuity and
so the Village would not miss out on inform.ation. Ms.
Manganiello commented she believed it was importan� for the
attendees of the intergovernmental agency committee
meetings to repart 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 Cou�zo suggested staff si.t in the audience
during meetings rather �han at a table in front of the
dias, and come to the podium to make presentations, which
would mak� them feel more comfortable and would also open
�the space in front of the Council. The Village Ma.nager
announced that three-ring binders would be provided to each
Councilmember far their agenda�. Mr. Couzzo commented that
his office would be obtaining folded note cards with the
V.illage crest an the f�ont and a history of the Village and
names of the Mayor and Council on the back, so that hand-
wr�.tten notes could be sent. The Village Manager advised
that these cards would be available for use by
Councilmembers, and suggested th�y might be used far the
Meet and Gree� program. Village Manager Cauzzo suggested
each Councilmember could cantr5.bute to the newsletter on
a rotating basis, if they chose ta do so. One
Gouncilmember indicated they did not wish to participate.
Vice Manager Couzzo reques�ed the Village Council review
and r�affirm if they st� desired the goals established at
their August meeting, since he had not been the Village
Manager i.n August. Mr. Couzzo questioned whether those
were the goals the Cauncil wished him �o ca�ry out or if
they wished to amend them. Village Clerk Manganiello
passed out a 1is� ot the goals to each Councilmember.
MayQr Capretta reminded the Councilmexnbers that there were
two sets of goals and objectives-one far the Council and
.
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VILLAGE CQUNCIL WORKSHOP
MEBTING MINUTES
November 3, 2aQ0
PAC#E 17
ane for the Village Mana�er, and that the Village Manager
wauld be evaluated for his performance on carrying out his
gaals. The Village Clerk explained that the Village
Manager's goals had been established in February, and that
four of the fice Village Manager goals listed were her
=esponsibility and wer�e being implemented. Vice Mayor
Schaue= i.ndicated that Mr. Couzzo could assume th� goals
and ob�ectives listed were still in place unless a specific
change was instituted. Th� Village Clerk suggested new
goals and objectives b� established after the n�w Village
Counci.l was in place following the March election. �
Counci7a:n.ember Genco requested the Village Manager do a
fi.nancial study update on the construction of the Village
Hall and Fire Rescue facilities and bring it to a Finance
C�mmittee meetiz�g and then to Village Counci.l. V�,llage
Attorney Randolph advised that could not be discussed at
this time but that CounciZmember Genco might wish to bring
it up at anothez time.
Village Manager Cota.zzo thanked everyone for meeting on a
Friday. Cour�.cil.member Walker commented she thaught it was
great that staff would not be sitting at the tables at
meetings, but requested that depaxtment heads at�end the
mee�ings because �here were times the Village Council did
not know the answers to issues and needed to consult them.
Village Manager Couzzo commented that �ras not a problem,
especially since there was only one meeti.ng a month, and
that he would change his instructions that they did not
need to attend. It was noted that if one of them cauld not
be p=esen.t, that particular item could be deferred. Mr.
Couzzo advised staff did not have to sit together in the
first row, but could sit anywhere in the audience The
Vice Mayor commented if there was an agenda item dealing
with a specific department that department head would
attend, and considering the new rul�es, if there was not a
specifi.c agenda item for a department perhaps that
department head did not ne�d to be present. Councilmember
Dalack suggested i� could be bet�er far morale if their
input was not anticipated to be needed that they did not
have to attend every meeting. 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 �heir p�rsonal days
VILLA�E COUNCIL WORKSHOP
MEETIN'G M�NUTF$
Navetnber 3, 2000
PA� 1$
__s....��..��.�.,�s�.....�......��--
had been increased from 3 to 6 for that purpose. The
Village Clerk commented on the passibility of holding
meet.ings during the da�r; hav�rever, the Councilmembers stated
their pxeference for leaving �he m.eetings 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 pref�rred
having a police officer in the room, which she agreed could
be the Police Chief, Assis�ant Police Chief, or an officer.
Village Clerk Ma.nganiello discussed the caordination
process for using 3-ring binders far Village Council agenda
material. An envelope would be provic�ed so that the
material could be removed an.d the binders with dividersleft
in the Council chambers, or to get it bac1� before the next
meeti.ng. It was agreed to work with each Councilmember
individually as to their preference. Consent agenda item.s
were discussed. The Village C1erk explained that all
consent agenda materials would be under ox�e divider in the
binder, Tt was agreed to no longer designate cansent
agenda items by an asterisk on the agenda, but to have one
s�ction on the agenda with all the consent items listed.
V . 14DJWRNMENT
The meetinq was adjourn�d at 3:45 p.m.
Respectfully subn�itted, -
�� 0 �
� Betty Laur -
R�cording Secretary
ATTEST :
Joann Manganiello
Vi3lage Clerk
DATE APPROVED: