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Minutes -Village Council Regular Meeting 5/10/07
Page 11
Citizens from seeking to remedy their complaints through their local government. ~~
Council Member Amero stated fourth, to place restriction on the municipalities in
their ability to control the activities of Cable Television and Video Service
Providers within the right of way, and private properties of their communities. He
thought they should join in the efforts of the Town of Palm Beach, and take action
as many municipalities were doing. He stated Palm Beach passed Resolution 10-
07, which was given to Council. He stated they expire next year, and this might
take a fight. He believed they should take action by passing a Resolution of their
own, or in some other appropriate way, but they should not sit and let it pass by.
Mayor Humpage stated North Palm Beach, Palm Springs, Lake Park, Manalapan,
Delray Beach, and Palm Beach Gardens were in opposition of Resolution 529. He
felt they should join in the endeavor and follow their lead by passing a
Resolution. Council Member Amero stated time was of the essence, because they
would be voting on the Resolution. Attorney Hawkins pointed out it might have
already been concluded. Council Member Paterno thought they voted on
something in reference to this, but he was not sure. Attorney Hawkins suggested
Council direct Staffto investigate the status of the bill.
Council Member Amero commented it bothered him that they all got copied; he
felt this was important. He stated this Resolution enabled them to increase the
price of Cable Television without the input from Council. He stated they could
not drag their feet when they got letters like this in the mail. Mayor Humpage
asked Village Clerk McWilliams to look into the status of the bill, and if they
could still take action on it, it would be put on the next meeting agenda in June.
Council Member Amero expressed if they still had time, that would be great.
Consensus of Council Agreed to give Staff direction to research the status of Resolution
529, and if possible, place a discussion and possible action regarding Resolution 529 on the
June Regular Meeting Agenda.
14. Council discussion to establish a Charter Review Committee.
Attorney Hawkins explained in the April 2007 meeting, Council Member Amero
asked the question of whether a Charter Amendment would be required to
establish an Office of Village Attorney to serve at the pleasure of the Council. He
mentioned there was a limited discussion regarding that question. He stated legal
Counsel looked at the issue, and prepared a memorandum which was sent to the
Village Manager at the end of April. He explained it analyzed the question in
relation to a Charter Referendum concept, as well as, two other concepts based on
work as a law firm in the Community with other governmental bodies, and a
concept similar to the Town of Jupiter. He stated if it was the will of the Council
to establish an Office of the Village Attorney, which was not an office presently
established under the Village Charter, there would be three basic options.
11
Minutes -Village Council Regular Meeting 5/10/07
Page 12
Attorney Hawkins stated he could answer any questions Council had, but it wa
policy question that Council needed to explore. Mayor Humpage mentioned
Council Member Amero championed this idea. He summarized his understanding
was to have the Village Attorney answer to Council, rather than to the Village
Manager. Council Member Amero stated that was one of the issues. He explained
he came from a municipality which was very open. He stated he worked on the
Town of Jupiter's Planning and Zoning Board for nine years, and served five
years on their Town Council. He stated they were encouraged to meet with
Department heads, have lunch with them, have dinner with them; they had many
opportunities to be out with the Town Manager, and the Department Heads. He
described there was an open line of communication, which was within the
guidelines of the Sunshine Laws. He recalled when he came to the Village of
Tequesta, he looked at the Village's Charter, and realized it was different; he
compared the Village's Charter with the Town of Jupiter's Charter, and thought
something did not seem right. He stated he called people he knew in the business,
and they said it was unusual. He felt the Town Council had to hire the Village
Attorney.
Council Member Amero pointed out the Village Attorney was not an employee,
but was an independent contractor; he should report to Council. He mentioned
during normal Village Business, he would expect the Village Attorney to go
through the Village Manager; but Council needed to have access to the Town
Attorney. He stated if Council hired him, he should serve at their pleasure. He
stated he felt so strongly about it that he placed getting a Charter Review on his
campaign. He pointed out a Charter Review would enable Council to add other
changes they wanted.
Council Member Amero assumed this would have been easy, but there were three
revisions. He mentioned he has not seen all three revisions. He stated the Village
has spent $2,380 to date, and he never thought it would come to this. He thought
people would be able to see clearly in the letter from Counsel, that the Attorney
was an independent contractor despite what was being said that he was an
employee. Council Member Amero pointed out Attorney Hawkins recognized that
he was not an employee of the Village.
Council Member Amero specified this Charter information had nothing to do with
the Attorney working for Council. He commented it was important everyone
knew this. He stated he asked Attorney Hawkins who hired him, to which Mr.
Hawkins responded Village Manager Couzzo. He felt this was not right because
the Village Manager should not hire the Village Attorney. He referred to the
contract which stated the "Village appoints..." He suggested it say the "Village
Council appoints the Attorney." He thought everyone took a good look at it in the
last month, and everyone may have ideas of what should be done.
Council Member Amero stated in order to have a separation of powers, they
needed to have direct access to the Attorney. He stated Council would know they
12
Minutes -Village Council Regular Meeting 5/10/07
Page 13
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were getting complete and accurate information at any and all times. He stated it '~ , °
was not about whether information was being filtered, it could be at some point. ''
He stated Council should be able to go to the Attorney, as he went to the Town of
Jupiter Attorney Tom Baird many times when he needed clarification. He
mentioned he did not have to stop and ask the Town of Jupiter's Manager if he
could go to the Town Attorney.
He stated there could also be abuse; three or four hours could be wasted incurring
costs at an hourly wage. He pointed out if there was a time limit per Council
Member such as an hour, that would prevent the possibility of abuse. He stated to
say Council could not go to the Town Attorney, and first had to go through the
Village Manager was archaic. He stated the term used was unusual by some Town
Attorneys. Mayor Humpage stated he looked at it, and he did not have an issue.
He was alright with which ever way it went in regards to the Village Attorney.
Mayor Humpage's concern was abuse. He pointed out it was not the time he took
to talk to the Attorney, it would be the follow up work the Attorney had to do
resulting from the conversation. He was alright with having the Village Attorney
serve at the pleasure of the Council, but he would need some type of dialogue to
determine how to do this, so they did not increase the cost of legal bills. He
mentioned according to Attorney Hawkins' report they did not have to do it by
Charter Review, but could also do it by Resolution. Attorney Hawkins specified
the Town of Palm Beach did it by an Ordinance.
Vice Mayor Watkins understood Council Member Amero was accustomed to the
Town of Jupiter's way. She stated she always knew Tequesta's way, which did
not mean it was right or wrong. She suggested they take this issue to a workshop
to understand why Council Member Amero felt so strongly about this, and what it
would cost in time and money. She mentioned for the four years she has served as
a Council Member, she has never been denied access to the Attorney; as a matter
of a fact, if she asked a question of the Manager which had any legal implications,
Village Manager Couzzo always suggested she called Attorney Hawkins. She felt
they needed to discuss it in a workshop to understand where they were going, and
what the best path was.
Council Member Paterno asked how many drafts were sent to Village Manager
Couzzo; because they only had one in their meeting packets. Attorney Hawkins
thought he sent one. Council Member Paterno stated he had the second one that
Attorney Hawkins sent through an a-mail. He asked Attorney Hawkins to read the
e-mail that Attorney Stirling Halversen sent to Village Manager Couzzo. Village
Attorney explained Attorney Stirling Halversen did the work for him. He read:
"Mr. Couzzo I have made revisions to our memo regarding the Office of the
Village Attorney per your request, your comments have been addressed in the last
section. Please let me know if you have any further questions or revisions. "
13
Minutes -Village Council Regular Meeting 5/10/07 ~P:~. ~•~
Page 14 '~' ' ~'
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Council Member Paterno asked if this was the second one, where was the first 4
one. He stated they wanted to see what was revised from the first one. He pointed
out the second version was dated April 23, 2007, and it was different from what
was in the book. Attorney Hawkins believed it was in the Village's electronic
system.
Mayor Humpage stated the difference in the second one was where making
changes by Ordinance was mentioned. Council Member Paterno commented that
was why he and Council Member Amero agreed in reference to the Attorney
doing something. He stated he asked Village Clerk McWilliams for all of them,
and she sent all that she could find, which were two. He stated he realized there
must have been a first version, because the second one said it had been revised.
Council Member Paterno indicated the a-mail said "... if you have any other
revisions let me know..." Attorney Hawkins presumed it was in the Village's
electronic system. Council Member Paterno stated that was why they needed the
Attorney to work directly for Council. He stated Council wanted the Attorney's
independent opinion, not Village Manager Couzzo's opinion. Attorney Hawkins
emphasized this did not reflect anything but his independent opinion. He stated in
revision three, he inserted the prefatory paragraph which set forth what occurred,
and why it was written the way it was.
Council Member Paterno asked for the first revision. Attorney Hawkins stated he
was just aware of the one he did, and he saw Ms. Halversen sent one. Council
Member Paterno pointed out the e-mail indicated she did another one. Attorney
Hawkins stated that was right, because she copied him on it; he was sure she did
it, but he did not know what exactly was revised.
Vice Mayor Watkins wondered if the revision could have come after she sent a
letter to Attorney Hawkins asking if this could be done another way. Attorney
Hawkins stated that was possible, because he knew he asked Ms. Halversen to
obtain the Palm Beach Charter, Golf Stream Charter, and the Jupiter Island
Charter. He stated he talked to her about it, but he did not remember where in the
sequence this was done.
Council Member Amero recalled Council gave Attorney Hawkins this issue to
look into; and pointed out when he returned with it, it was revised. He stated
Council did not want it revised; they wanted it directly from the Attorney. Council
Member Amero did not want filtered information, and he did not want it to go
through the Village Manager. He stated if they wanted revisions, they would ask
him for it.
Village Manager Couzzo believed Attorney Hawkins did what Council requested.
He stated Attorney Hawkins asked Ms. Halversen to do the work. When it was
complete, she sent it to him. He specified he did not suggest, or request any
revisions. He explained they had a discussion about the document, and he asked
14
Minutes -Village Council Regular Meeting 5/10/07
Page 15
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Attorney Halversen if there was an easier option for Council. He stated he ~~
emphasized to her that he did not expect her to reflect a change in her document;
if she did, that was her choice. He remembered she called him, and asked him for
his opinion on this document. He stated he spoke to Attorney Hawkins about his
concern with her memorandum, which was not a request made by him; the request
mentioned in the a-mail was incorrect, because that was not what happened. He
indicated he suggested it be done more simplistically, and that it be reflected in
the last two paragraphs. He stated Attorney Hawkins' prefatory paragraph at the
beginning, and the last two paragraphs were the only changes.
Mayor Humpage stated the change was in the last two paragraphs. He recalled at
the last meeting, they discussed doing it in a less expensive, easier way. Mayor
Humpage pointed out this was not included in the first report. Village Manager
Couzzo verified it was not in the first draft. Council Member Paterno asked if the
last two paragraphs were added after he spoke to Attorney Halversen for the first
time. Village Manager Couzzo believed he only spoke to her once. Council
Member Paterno referred to the time before the a-mail when he spoke to her; and
asked if she added the last two paragraphs. Village Manager Couzzo explained
Attorney Halversen sent him a copy by e-mail, and asked him to review it. He
stated she then called him, and he asked her if there was a more simplistic way to
accomplish Council's objective. Village Manager Couzzo stated he discussed the
policy, but he told Ms. Halversen he did not want her to amend her report. Village
Manager Couzzo stated he suggested she discuss it with Attorney Hawkins.
Council Member Paterno stated she added the last two paragraphs. He pointed out
it was not in the first document. Village Manager asked how it could have been in
the document, when she sent him the first document for him to review. He stated
it was after the first conversation that Ms. Halversen added the two paragraphs.
Vice Mayor Watkins commented she would ask a question with out being
emotional. She asked why Council Member Paterno was so upset, when they were
only looking for an answer to the question, and what they could do.
Council Member Paterno expressed he was upset because he found in several
cases that policy had possibly been changed by Administration, and there were
changes in a document Council asked their Attorney to send to them. He did not
understand why some of them could not see that Council was supposed to make
the policies, but that was not what was happening. Village Manager Couzzo
thought Administration and the Legal Department were working together to bring
Council a product that they could review, and then develop a policy on it.
Council Member Paterno pointed out this policy had to do with the Village
Manager, and he should not be involved, because his opinion could influence the
documents. Mayor Humpage stated Council Member Paterno was implying that
that Village Manager Couzzo had an influence on the document; and asked to
what extent.
15
Minutes -Village Council Regular Meeting 5/10/07 ~,,,
Page 16 .,~ ~
r ;" r ~~}
Council Member Turnquest observed the topic they were discussing directly ``#~ , ~~,
affected the Village Manager. He pointed out, by the Village Manager speaking to
the Attorney, and then with the Attorney adding additional sentences, implied the
Village Manager had an influence on how the document would be presented to
Council. He commented it was about the impression that was given. He stated this
did not mean Village Manager Couzzo intentionally or unintentionally influenced
the Attorney's decision to present a different document to Council. He stated the
document was affected by the Village Manager's relationship with the Attorney,
and they were trying to resolve it. He stated it could have happened before, but
there seemed to be a filter between the Council and the Attorney; and that filter
was Village Manager Couzzo. He stated the first document should have been sent
to Council, and Council should have decided whether revisions needed to be
made.
Council Member Paterno thanked Council Member Turnquest for his help. Mayor
Humpage understood what was being said, and pointed out when the additional
information was given to Council, it was only information giving Council an
additional option. He specified it was not information which hindered Council.
Council Member Turnquest stated that original document should have been sent
to Council. Council Member Amero stated that was not his resolute point, it was
that the information was filtered. Village Manager Couzzo believed that the first
document was sent to Council. Mayor Humpage stated if the first document was
sent to Council, what happened if Council responded to the first document, and
asked for additional information with five different viewpoints.
Council Member Amero stated it would have been placed on the agenda so it
could be discussed. Vice Mayor Watkins pointed out if the Attorney had to
prepare documents reflecting the viewpoints of all five Council Members, it could
have a significant financial impact. Council Member Amero stated he was
thinking of a legal budget which would be much less. Mayor Humpage asked if
Council Member Amero was saying that one document could be prepared by the
Attorney, then it would be discussed at the Regular Meeting. Council Member
Amero stated exactly, or discussed in a Workshop. Council Member Paterno
stated they should have seen the document, and then discussed it.
Council Member Amero commented he would have liked to have seen it. He
agreed with what Council Member Turnquest said. He would rather receive the
document from the Attorney, and look at it himself with the rest of Council. He
pointed out Council had the authority in the Charter to determine what
departments there were in the Village. He stated most municipalities had a Town
Attorney. He commented though it has always been that way, that did not make it
right. He stated change was good, because Council would have direct access to
the Attorney. Mayor Humpage stated he was not opposed. Council Member
Amero commented Mayor Humpage did not seem opposed to it. Council Member
Amero pointed out it was good for the Citizens, the Community, and it was good
Government.
16
Minutes -Village Council Regular Meeting 5/10/07
Page 17
w ommittee • Council '~
MOTION: Council Member Paterno moved to create a Charter Revze C ~-
Member Amero seconded the motion for discussion.
Village resident, Dottie Campbell, asked if Citizens could participate in the
Charter Review Committee. Mayor Humpage stated they did not know yet.
Council Member Amero asked that they carry it to a workshop because there were
other areas he highlighted when he reviewed the Charter. Council Member Amero
pointed out the Charter called for a specific time frame to review the Charter. He
indicated it should be reviewed every five years. He stated other areas in the
Charter needed to be reviewed. Mayor Humpage asked if Council would have
guidelines to create the committee. Council Member Amero suggested each
Council Member appoint one person from the community, who was a registered
voter, and educated and motivated to see that it is accomplished. Mayor Humpage
did not want to make a rush to judgment. He did not see a problem with the
Attorney issue, and a Charter Review would be healthy.
Vice Mayor Watkins suggested they have a workshop first; because they needed
to establish their goals, and how they would do it. Council Member Paterno asked
if he could amend the motion. Attorney Hawkins stated the motion could be
amended.
AMENDED MOTION: Council Member Paterno moved to create the Charter Review
Committee of which each committee member would be appointed
by each Council Member to review the Charter. Council Member
Amero seconded the amended motion for discussion.
Council Member Amero stated Vice Mayor Watkins made a good point; they
should have a workshop first. He stated he would second the amended motion if
they had a Workshop before they proceed with the Charter Review Committee.
Mayor Humpage summarized the motion was they would have a Charter Review
Committee with each member being appointed by each Council Member, but they
would have a Workshop prior. Mayor Humpage asked if there was a problem with
having a Workshop before authorizing a Charter Review. Council Member
Amero stated he would call it a Charter Review Workshop. Mayor Humpage
thought they needed to do a workshop, then come back with a motion to do a
Charter Review with the appointments. Council Member Amero stated that was
fine. Attorney Hawkins informed Council they needed to withdraw the motion.
Mayor Humpage mentioned they did not need a motion for a workshop.
MOTION WITHDRAWN BY COUNCIL MEMBER PATRENO
Consensus of Council Agreed to have a Charter Review Workshop to discuss a possible
Charter Review Committee.
17
Minutes -Village Council Regular Meeting 5/10/07
Page 18
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Attorney Hawkins asked if there was any direction not to send anything to certain
people. He commented with all do respect, he was not given any direction not to
send the document to Village Manager Couzzo. He felt he had to defend himself.
He stated he was being accused of something he had been doing for years. He
mentioned his law firm has represented the Village for 40 years. Council Member
Amero stated he did not do anything wrong at all, but he would like to be copied
on something like that. Mayor Humpage asked if Council needed legal Counsel to
do anything for this Workshop. Council Member Paterno asked that the first
document be e-mailed to him, or anything relative to the topic. Mayor Humpage
asked Ms. Genco if she had any comments. She said no, since they tabled it for
the workshop.
15. Resolution 50-06/07 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, to approve a nomination of a Council
Member to the Florida Municipal Insurance Trust Board of Trustees.
Mayor Humpage read the Resolution into the record.
Human Resources Manager Reid stated the Village received a letter from the
Florida League of Cities inviting the nomination for election to their Insurance
Trust Board. She listed the Village had Property, General Liability, Workers'
Compensation, and Auto Insurance with the Florida League of Cities. She
indicated tomorrow was the deadline, and if Council decided to nominate
someone, they would have to fill out the attached form, in addition to their
biographical information.
Ms. Reid stated it had to be an elected member. Vice Mayor Watkins asked if it
was required they participate. Ms. Reid stated no, but there were advantages. She
stated it was alright if they did not have time. Council Member Amero
commented it was brought to them on short notice. Ms. Reid stated it was sent to
them, so they had to bring it to Council's attention. Council Member Paterno
asked if there were any volunteers. Ms. Reid stated they did not have to
participate. Mayor Humpage asked if he should move on to the next agenda Item.
Village Clerk Lori McWilliams stated Council should have a consensus for the
record.
Consensus of Council Agreed that they would not participate
16. Council designation of members to various governmental assemblies.
Vice Mayor Watkins commented she found the Palm Beach League of Cities
Meetings interesting when she attended, but she was having a difficult time
attending with work. She stated it was 10:30 in the morning, and they have to stay
for lunch. Mayor Humpage stated his agency, PBC Intergovernmental
Coordination Program, only met once a year, which was perfect for him. Vice
Mayor Watkins stated she had to find out from the Village Manager's Executive
18
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