Loading...
HomeMy WebLinkAboutMinutes_Special Meeting_09/04/2001~~ • VILLAGE OF TEQUESTA Post Office Box 3273 250 Tequesta Drive Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 MINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF TEQUESTA SEPTEMBER 4, 2001, 7:02 p.m. 399 SEABROOK ROAD TEQUESTA, FLORIDA 33469 I. CALL TO ORDER AND ROLL CALL The Village Council of the Village of Tequesta held a meeting at 399 Seabrook Road, Tequesta, Florida, on Tuesday, September 4, 2001. The meeting was called to order at 7:02 p.m. by Mayor Genco. Roll call was taken by Village Clerk Wolcott: PRESENT-Councilmember Russell J. von Frank, Councilmember Sharon D. Walker, Mayor Geraldine A. Genco, Vice Mayor Joseph N. Capretta, and Councilmember Basil E. Dalack ALSO IN ATTENDANCE-Village • Manager Michael R. Couzzo, Village Attorney John C. Randolph, Village Clerk Mary Wolcott, and Department Heads. II. APPROVAL OF AGENDA It was agreed to visit items B and C first and then A to allow time for some of the Charter Review Board Members to arrive. MOTION: Councilmember Dalack moved to approve the amended agenda; seconded by Councilmember von Frank. Motion carried S-0. III. NEW BUSINESS B. Consideration of notice requirement with Nowlen, Holt & Miner pursuant to their letter of April 30, 1997. Finance Director Forsythe explained that we had a letter of agreement with Nowlen, Holt & Miner for auditing services. In order to pursue other auditors, which we have planned, we must terminate this agreement with a 90 day notice. MOTION: Councilmember von Frank moved to terminate the agreement with • Nowlen, Holt & Miner, seconded by Councilmember Dalack. Recycled Paper Page 2 September 4, 2001 Special Council Meeting • Village Attorney Randolph wanted to clarify the Village Council was to authorize termination. Councilmember Walker asked about what they perceive to be the 90 day written notice in the contract letter. Village Attorney Randolph stated his interpretation, without looking at the paragraph, is they would require a letter canceling services for the next fiscal year. We need to do this in order to go forward with consideration for additional auditors, which would include them. I spoke to the principal of Nowlen, Holt, and upon receipt of notice of termination, they would no longer perform the work on our audit. Finance Director Forsythe stated staff considered Nowlen, Holt and Miner, and we felt we could best achieve what we wanted to do if we looked at the other firms. We offered Nowlen, Holt the chance to compete, and they declined. We recently received notice that they would like a chance to compete, once we received the proposals back. Councilmember Walker asked for afollow-up to that memo. • Mayor Genco stated she was in favor since Nowlen, Holt and Miner did not want to put in a proposal, and that indicated to her they were no longer interested in service to us-we should issue the 90 days' notice. Village Attorney Randolph stated they indicated they did not want to respond to the RFP, but once they learned what came back, they became interested. Motion carried 4-1, with Councilmember Walker dissenting. C. Consideration of lease contracts with ToshibalCopyco for new Police and Administration copiers. Village Clerk Wolcott explained that there was no copier in administration, and the employees have been walking down the hall to finance. They have been waiting in line to use the copier, copying from the fax machine, and printing extra copies from their computers-all wasting time and money. With the new Toshiba copier for administration, we could actually network it to our computers and print out copies from our desk. The copier speed is twice as fast, eliminating wait time. The copier copies 256 shades of grey, making it useful for photos and maps. It Page 3 September 4, 2001 Special Council Meeting has so many time and money saving features. It is what we need to help us reach our goals as a Village. The police department found out about this copier, and wanted to get one as well. We have a demo in administration if you would like to come look at it, but everyone who has used it is very excited about it. They wonder how they have been without it all along. The lease and maintenance price will be about the same as we have been paying for the machine in finance, and the police department's will actually be less expensive. Vice Mayor Capretta asked how long the lease was for. Village Clerk Wolcott stated it was six years for administration and four years for the Police Department. Vice Mayor Capretta stated six years is a long term for a lease. The technology will change before the six years is up. The Village needs to have a policy on purchasing equipment so when the lease is up, you go out and get a new one. When the police need a new car, they can go get one. Village Attorney Randolph stated he had not yet seen the review, and the motion should be made "subject to the attorney's review." • MOTION: Moved to accept proposal for to lease purchase copiers for administration and the police department, subject to the attorney's review. Seconded by Vice Mayor Capretta. Motion carried 5-0. Mayor Genco read the Resolution 60, 2001 by caption only. A. Ordinance -First Reading - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, providing for the submission to the electors of said Village an amended Village Charter - Ed Resnik, Chairman of the Charter Review Board Chairman Colonel Ed Resnik,of the Charter Review Committee stated the Charter Review Committee is here tonight to propose a revised charter. He thanked Village Manager Couzzo and staff for all of their support, especially Betty Laur, who recorded and typed verbatim minutes. He thanked all of the residents who offered various comments and recommendations, and the five residents that were appointed to be members of the board. Each member has lived in Tequesta for more than 20 years. They held six meetings, all noticed, opened to the public, formal, recorded with produced detailed minutes, and through Mr. Randolph's office a revised charter was produced. They established a goal and a schedule. This letter (revised charter, public copies available) • Page 4 September 4, 2001 Special Council Meeting CJ transmits that recommended and revised improved transfer to you. In red are the reasons for the change. Included in the letter there are some highlights. A charter should not be a lengthy document. We eliminated a list of specific Village powers. We proposed clarifying roles under the Council-Manager form of Government. We strengthened the office of the Village Manager without diminishing the role and authority and responsibility of the Village Council. We divided a single clear line of authority between the Council and the Manager. An arrangement of mutual roles of respect enhances the opportunity for developing trust and confidence. We provided for avoidance of misunderstanding and confusion. Improved morale, job performance. Clarified accountability. The Village Manager is accountable to you. Staff is accountable to him, employees accountable to them. The charter amendments proposed eliminated and clarified verbiage. We have acounter-proposal, the process of removal of a Councilmember from office, removal and responsibilities of the Village management, and administration of the process of initiative and referendum. The words strive to incorporate the qualities of a good charter. We believe we succeeded by reducing the charter in its size. It confers upon the Council all powers granted under Florida law. Leaves discretion to the Council to provide details of the law • when needed. Provides for effective administration and production. Current incumbents get elected every two years Mayor Genco thanked Colonel Resnik and the members of the board. Councilmember Dalack commented on the use of written numerals after numbers being used. MOTION: Councilmember Dalack moved to amend the charter proposal to use either the written numeral or number. Motion died for lack of a second. Mayor Genco stated they would discuss each section separately and get approval. Section 1.01. Incorporation Approved S-0 Section 2.01. Selection, Term and Compensation Vice Mayor Capretta asked about the length of the term of office. Colonel Resnik replied the documents stands as it was. • Page 5 September 4, 2001 Special Council Meeting CJ Councilmember Walker stated this was discussed at length, but by lengthening it to three years, you may provide more stability for your manager. I think it could have provided more stability, I'm not going to dispute it. Vice Mayor Capretta commented you can't get anything done in two years. Approved 5-0. Section 2.02. Qualifications and Disqualifications Attorney Randolph stated he had concern about including this language, the state statutes say you cannot, and had recommended we delete the second paragraph in its entirety. Councilmember Dalack suggested putting numbers in front of the paragraphs. Approved by consensus. Section 2.03. Oath of Office Mayor Genco mentioned that "so help me God" is an optional statement. Approved S-0. Section 2.04. Removal/Recall Approved S-0. Section 2.05. Vacancies Councilmember Dalack stated his conviction is the appropriate way to fill any elective office is by election, not by a vote of the Council- specific dates and numbers-reduced to a number from 50-25 because of the brevity of time. Vice Mayor Capretta stated you mention if it were going to be more than six months, you are going to have an election. • Mayor Genco you may have a special election if there is six months Page 6 September 4, 2001 Special Council Meeting • before an election. Councilmember von Frank agreed to an election. Councilmember Walker stated the Village Council may determine a reasonable means by which to fill the vacancy. Councilmember Dalack is for elections. Vice-Mayor Capretta is for appointments. Vice Mayor Capretta stated if you waited to have an election, you could incapacitate the Council. The lesser of the evils was to appoint. Any appointments after September, we will elect them. Mr. Blum was elected and resigned in 60 days because he left town for business reasons. Mayor Genco stated if it for less than three months, the Council should not appoint a substitute. Six months works. Approved six or more months a special election -Z-1, Councilmember Walker dissenting. Councilmember Walker wanted three months' time left for service on vacancy. Councilmember Dalack clarified if the office becomes vacant for three months or less, the Village Council may not appoint asubstitute-more than six months vacancy you want an election. Councilmember Walker stated the Village Council may determine a reasonable means by which to fill the vacancy. Attorney Randolph stated if the vacancy is left open for more than three months, the Village Council may determine a reasonable means by which to fill the vacancy Consensus they do not want to appoint someone if there is three months or less. • Attorney Randolph stated in the event of a vacancy, and the period of vacancy is more than six months, the Village Council will provide for a Page 7 September 4, 2001 Special Council Meeting • special election to fill the vacancy. If the vacancy is for a period of time less than six months but greater than three months, the Village Council may fill the vacancy by appointment. Section 2.06. Mayor and Successors Councilmember Walker stated, drawing on the past, Councils have been criticized that mayorship has been a personality contest, and she wants to take that stigma away from the position. Vice Mayor Capretta stated we recognize being Mayor and Vice Mayor, we should pass it along. I recognize what Ms. Walker said, we always have that opportunity. Mayor Genco asked if we should leave it. Consensus agreed. Mayor Genco stated 2.07, and 2.08 were deleted. • Consensus approved. Mayor Genco stated now 2.09 is 2.07. Section 2.07. Meetings. Consensus approved. Section 2.08. Quorum Mayor Genco stated she would like to so keep "no member shall be excused from voting except as determined by Florida law." Consensus of 4-1, with Councilmember Dalack disagreeing. Section 2.09. Ordinances and Resolutions Consensus approved. Section 2.10. Electors and Elections • Consensus approved. Page 8 September 4, 2001 Special Council Meeting • Section 2 11 Interference with the Administrative Department No changes were made. Consensus approved. Section 3 Ol Villag_e Administration Defined Consensus approved. Section 3 02 The Village Manager-Appointment Removal Qualifications, Vacancy Councilmember Walker thinks it would be best to vote for appointment on the majority of votes like in the model city charter. Councilmember Dalack stated there is no clarity in the manner of appointment. • Village Manager Couzzo stated reappointment was deleted. Consensus approved. Section 3 03 Village Manager-Functions and Powers Councilmember Walker questioned paragraph number four, the new language, last sentence-do you want to make that a majority vote? Village Manager Couzzo stated it is my understanding what had been done previously. Village Manager Couzzo stated starting at the next fiscal year the Council will be getting a quarterly financial report. Mayor Genco stated she had minor changes-all becomes any, employee becomes employees. Consensus approved. • Page 9 September 4, 2001 Special Council Meeting C7 Section 3.04. Villa eg Clerk Mayor Genco asked to change by to of. Village Manager Couzzo stated the appointment by Council was taken out. Consensus approved. Section 3.05. Department Heads Councilmember Walker would like it to say with the consent of Council in the last statement-she feels the manager needs to consent with the Council. Village Manager Couzzo suggested to delete the last two sentences. Consensus agreed. • Section 4.01. General Powers Councilmember Dalack felt the general law should be taken out. Mayor Genco felt it should stay in. Consensus agreed to leave it the way it is. Section 4.02. Annexation of Contiguous Territory Consensus approved. Section 5.01. Powers of Village Council Councilmember Walker questioned items 15, 18 and 19 since we don't charge for our sewers. Consensus approved all items. Section 5.02. Limitations Consensus approved. • Page 10 September 4, 2001 Special Council Meeting • Section 5 03 Tax Assessment~Levv and Collection Consensus approved. Section 6.01. Power of Initiative Section 6.02. Power of Referendum Section 6.03. Form of Petitions Section 6 04 Filing, Examination and Certification of Petitions Section 6.05. Amendment of Petitions Section. 6.06. Effect of Certification of Referendum Petition Councilmember Dalack stated the whole purpose of initiative is to say here is what we want. We propose it should be adopted, then if it is going to fail, I would not give the Council the opportunity to defeat it. Initiative is the people's right. I would submit that we ought to substitute. Colonel Resnik stated this particular article was reviewed thoroughly by a board member who was an attorney, he went over this with afine-tooth comb. We were discussing initiative, Council had to vote to put it to vote. Referendum is to recall or dispute something. • Councilmember Dalack stated rather than pre-reviewing, there can be a post-reviewing. It is unconstitutional, it can be an attack done by the Village Council in the Circuit Court of Palm Beach County. This would be the appropriate procedure. If it is invalid in form, then it can be set aside. There cannot be a dictatorship of the proletariat. Attorney Randolph stated the reason the ordinance set forth specifics, because there is no provision in Florida that sets forth. This is an outline of how the Council would deal with it. I think what you are saying is that you don't want to see the Village Council involved in determining whether an initiative position is going to be voted on, you had this before, your language suggests you take the Council out of that process, you say that if the person has the petition, you can avoid an election, you can pass it. Mayor Genco stated in 6.03 on line number five, she thinks that is supposed to state the "Village Council." Councilmember Walker asked of 6.02 why there was a time change from 20 to 30. • Page 11 September 4, 2001 Special Council Meeting • Colonel Resnik stated it was recommended to be 30 days by the board to make sure there is sufficient time to get it done. Councilmember Dalack asked for clarification from Mr. Randolph, does 6.08, Submission to the Electors overrule 6.04, does 6.08 constitute a re- empowering of an initiative despite what the Council does? Attorney Randolph stated the Council could simply say the Village Clerk is going to review it and make a clarification to see if it meets the criteria set in your code. Before something this serious comes before you, you have to make sure the people have done it correctly. There is nothing to preclude someone from forgetting about something that is in the charter. If you have a houseful of people that bring in an ordinance to have you sign, or a houseful can come in here and say they don't like something your passing, but if they are forcing the electorate to decide, then they must follow this criteria set forth in the charter. Councilmember Walker asked to clarify 10 days in 6.04. Attorney Randolph stated it was 10 business days. • Mayor Genco asked about line five from the bottom, also would like not only Village Council be notified, but also the person that registered the petition papers be notified. Section 6.07. Consideration by Village Council Consensus approved. Section 6.08. Submission to Electors Consensus approved. Section 6.09. Form of Ballot for Initiated and Referred Ordinances Consensus approved. Section 6.10. Availability of List of Qualified Electors Consensus approved.. CJ Page 12 September 4, 2001 Special Council Meeting • Section 6.11. Result of Elections Consensus approved. Section 6.12. Repealing Ordinances; Posting Colonel Resnik stated Article VIII. was deleted. Section 7.01. Constitutionality Consensus approved. Section 7.02. Public Meetings Councilmember Dalack asked if we should have notice of the meeting. Attorney Randolph stated if you bind yourself to the charter, you lose your flexibility to give notice for these meetings. • Section 7.03. Conflict of Interest Consensus approved. Section 7.04 Consensus approved. Village Manager Couzzo stated the Council now has in front of them with the document amendments to section four, and other Scribner-type changes. We had a couple of other typos. Attorney Randolph stated there was a deletion in 2.02. The motion would be to approve all of the amendments that have just been discussed. MOTION: Councilmember Dalack moved to approve the charter as presented with the amendments discussed; seconded by Councilmember von Frank. Motion carried S-0. MOTION: Councilmember Dalack moved to pass on first reading; seconded by Councilmember von Frank. Motion carried S-0. r~ U Page 13 September 4, 2001 Special Council Meeting • Councilmember Walker asked if all or nothing would be on the ballot. Attorney Randolph said yes. Village Attorney Randolph stated as an update on Zuccarelli matter, you recall that at the last meeting you advised me to go forward with the proposed closing. I did write a letter advising him we were ready willing and able to close. I have prepared the legal documents necessary to move forward in an attempt to close this in an amicable way, and to see if we can come up with a resolution for this swap to be acceptable to you and Mr. Zuccarelli. Councilmember Dalack asked if it was crucial that before any legal action is filed it be brought to the attention of the Council. V. ADJOURNMENT Meeting was adjourned at 10:04 p. m. Respectfully submitted, Mary Wolcott Village Clerk Date Approved •