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HomeMy WebLinkAboutMinutes_Regular_08/05/2010 MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES AUGUST 5, 2010 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Pat Watkins at 7:00 p.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice -Mayor Tom Paterno, Council Member Jim Humpage, Council Member Vince Arena, and Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Village Attorney Keith Davis, Village Clerk Lori McWilliams, and Department Heads. INVOCATION AND PLEDGE OF ALLEGIANCE Vice -Mayor Paterno gave the invocation followed by the pledge to the flag. APPROVAL OF AGENDA Council Member Arena pulled Item 4 and Council Member Turnquest pulled Item 5. i MOTION: Council Member Humpage moved approval of the agenda; seconded by Council Member Turnquest; motion carried unanimously 5 -0. PRESENTATIONS 1. Proclamation Declaring August 16 — 20, 2010 as Florida Water Professionals Week Mayor Watkins read the Proclamation and presented it to the water professionals present. 2. Presentation and Action on Florida Municipal Insurance Trust (FMIT) Property and Casualty Renewals Ms. Merlene Reid, Director of Human Resources made brief comments and introduced Ellen Jones of The Gehring Group, who advised the rate was reduced, the Trust was stilll competitive, and described a recent enhancement. Ms. Jones answered questions from Council. . MOTION: Council Member Humpage moved to renew the Florida Municipal Insurance Trust (FMIT) Property and Casualty coverage. Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. Minutes –Regular Council Meeting 8/5/10 Page 2 3. REMOVED FROM AGENDA 8/2/10 Presentation on Employee Health and Dental Benefits Additional insurance companies were being considered, so this would be removed and presented at the September Council meeting. 14. Council Discussion to move forward with Sidewalk Installation on North Cypress Drive and Obtain Quotes (ITEM MOVED FORWARD ON AGENDA) Village Manager Couzzo recommended a phased approach using concrete, to be done I in -house instead of contracted out, beginning with the Palmari corner. (Public Comment) Debra Ruff ing, 522 Cypress Court – advised she had collected names on a petition, and the main concern was for safety of children getting on the school bus, people walking dogs at night, and drivers. It was a long, straight road so vehicles picked up speed, with noway to slow them down, and children darted across the road. She felt a sidewalk on one side would be sufficient, and clarified that children waited for the bus in the old bank parking lot. Council discussion ensued. It was estimated approximately 60% could be saved if the project were done in- house; however, the extra work for Village employees was a concern. Funding from the capital project fund was suggested. Consensus of Council: The Village Manager was directed to seek bids for the entire section in both asphalt and concrete, and bring back in September, with direction from Council on when to start. Bids would include sidewalks on both sides and some capital could be used. CONSENT AGENDA MOTION Council Member Turnquest moved approval of the following consent agenda, seconded by Council Member Humpage; motion carried unanimously 5 -0. 4. MINUTES: 6/8/10 Workshop and 7/8/10 Regular Council Member Arena questioned the meaning of "Consensus of Council' in the minutes of July 8 on pages 3 and 5. Village Attorney White explained it meant all of the Council was in general agreement. Council Member Turnquest pointed out a correction on the first page of the July 8 minutes —the motion to approve the agenda Minutes — Regular Council Meeting 8/5/10 Page 3 stated he made the motion and also seconded that motion. The Village Clerk indicated that would be corrected in accordance with the audio. MOTION: Council Member Turnquest moved approval of the 618110 workshop minutes as submitted and the 718110 regular minutes as revised, seconded by Council Member Humpage; motion carried unanimously 5 -0. 5. Approval of Budget Amendments for FY 2009 -2010 I MOTION Council Member Turnquest moved approval of the Budget Amendments for FY 2009 -2010, seconded by Council Member Humpage; motion carried unanimously 5 -0. END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS Sue Hamm, 475 Tequesta Drive, commented people were ignoring their trespassing signs and asked for help addressing the problem. Mayor Watkins expressed hope that with the bridge opening that the situation would be resolved. Dottie Campbell, 30 Eastwind Circle, commented on Palm Beach County pollworker training and reported she had registered online and citizens could now make changes online, which was a great improvement. She reminded the Council of the Friends of Public Safety (FOPS) dedication scheduled for 9/11/10. COMMUNICATIONS FROM COUNCIL Council Member Humpage commented that Police Chief McCollum would be back on September 6th REGULAR AGENDA OLD BUSINESS 6. Council Discussion of Budget Suggestions as Provided by Council Member Turnquest during the July Council Meeting Council Member Turnquest felt a budget for the IT Department was needed. Brad Gomberg, IT Manager, reported he had provided a summary of items for the coming year. Discussion ensued. Minutes — Regular Council Meeting 8/5/10 Page 4 Consensus of Council (Mayor Watkins dissenting): Village Manager Couzzo to make adjustments to the budget to appropriate some of the items Council Member Turnquest wanted in an IT budget without additional costs, based on bringing forward another item to the Council in September, so that it would be seamless. Mayor Watkins asked that the items requested be necessary and not just a wish list. 7. Council Discussion and Action on Purchase of IPAD's to Replace Paper Agenda Packets Council Member Turnquest reported attending a Palm Beach County Commission meeting where he learned that the City of West Palm Beach was 80% paperless. Research had shown the Clerk's Office could save $3,300 annually if the Council had IPAD's to replace paper agenda packets; and Human Resources could have saved $1,200 for ink used to print contracts for the year. The IPAD's could pay for themselves in less than two years. Mr. Gomberg, IT Manager, reviewed the process of going paperless. During ensuing discussion, Vice Mayor Paterno indicated he would prefer to use his laptop. Village Attorney White explained only facts intended to be saved for the future would be considered public record. Laptop costs vs. IPAD costs were discussed. Mayor Watkins expressed concern with purchasing IPADs when employees had been asked not to take raises, and she wanted to be sure this would satisfy the need. (Public Comment) Bill Watkins, 167 River Drive, commented some laptops now ran about $350. He suggested using cheaper software than Apple, and starting today and transitioning. He expressed concern regarding danger in electronic documents and how things could be discovered later. Using personal computers for public business was discussed. Village Clerk McWilliams pointed out the agenda was already published electronically. Frank D'Ambra, 23 Leeward Circle, asked if the exact same PDF would be available to the public. Mr. Gomberg advised all current material provided to Council was available to the public via Laserfiche. MOTION Council Member Turnquest made a motion to purchase six IPAD's plus all accessories with the option to expand to twelve if necessary; three would be used by Council and three would be used by staff (Village Clerk McWilliams, Finance Director Forsythe, and Village Attorney White). Council Member Humpage seconded the motion, which carried by unanimous 5 -0 vote. Minutes— Regular Council Meeting 8/5/10 Page 5 NEW BUSINESS 8. Council Approval to Award and Authorize Florida Design Contractors, Inc. to begin construction of the Third RO Train within the existing Water Plant AND 9. Council Approval of Agreement Authorizing Arcadis to Perform Engineering Services Related to the Water Treatment Plant Expansion Consultant William Reese of Arcadis recommended authorizing Florida Design Contractors, Inc. to construct the third RO train. Options for funding were discussed, including using savings, borrowing the entire amount, or borrowing a portion of the amount needed. MOTION Vice Mayor Paterno made a motion to award the bid to the lowest responsive responsible bidder, Florida Design Contractors, Inc. in the amount of $2,331,820, deducting the Change Order in the amount of $31,000, and approve the Work Authorization for Arcadis in the amount of $145, 000, and to pay for this out of the money that the Village has accumulated in the Enterprise Fund. Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. Village Manager Couzzo explained this year's work would be paid for this year and next year's work would be paid for next year and the adjustments would be made to next year's budget quarterly. Also, work would continue on the water use permit with South Florida Water Management District. Village Manager complimented Mr. Reese on his work. 10. Resolution 23 -10 Providing for a First Addendum to the Current Solid Waste and Recyclable Collection Services Agreement, Amending Section 17.5 Pertaining to the Calculation of the Annual Rate Adjustment for Collection and for Diesel Fuel Consumption Village Attorney White read Resolution 23 -10 by title only. MOTION Council Member Turnquest made a motion to approve Resolution 23 -10. Council Member Humpage seconded. During discussion of the motion, Finance Director Forsythe explained the calculations on the chart. Motion carried by unanimous 5 -0 vote. 11. Resolution 24 -10 Adopting the Refuse, Recycling and Yard Waste Collection Rates for FYE September 30, 3011 and Authorizing Transmittal of the Applicable Non -Ad Valorem Assessment Rates for all Residential Minutes —Regular Council Meeting 8/5/10 Page 6 Properties in the Village to the Palm Beach County Property Appraiser and /or Tax Collector for Non -Ad Valorem Assessment Purposes Village Attorney White read Resolution 24 -10 by title only. MOTION Council Member Humpage made a motion to approve Resolution 24 -10. Vice Mayor Paterno seconded the motion, which carried by unanimous 5 -0 vote. 12. Resolution 25 -10, Amending the 2009/2010 General Fund Budget by Increasing Aid to Community Organizations $280.00; Appropriating Fund Balance by $280.00, Authorizing a Donation of $280.00 to the Friends of Public Safety, Inc. and Authorizing the Village Manager to Execute the Applicable Documents on Behalf of the Village Village Attorney White read Resolution 25 -10 by title only. MOTION Council Member Turnquest made a motion to approve Resolution 25 -10. Council Member Arena seconded the motion, which carried by unanimous 5 -0 vote. 13. Ordinance 9 -10, First Reading, Amending Chapter 46 Motor Vehicles and Traffic by Creating an Entirely New Article VI Tequesta Drive Bridge; Providing Regulations Regarding Prohibited Vehicles on the Tequesta Drive Bridge; Providing Exceptions; Providing for the Posting of Traffic Signs Village Attorney White read Ordinance 9 -10 on First Reading by title only. Mayor Watkins declared the Public Hearing open. (Council Comments) Vice Mayor Paterno reported Mr. Sabin of Waste Management had tried to speak with him. At the request of Council Member Arena, the Village Manager explained the purpose of Ordinance 9 -10 was to implement a simpler mechanism to replace the bridge vehicle weight restriction, which would allow the majority of the type of traffic desired within the Village. The proposed change would allow motorized vehicles with two axles and trailers with one or two axles. Larger, heavier vehicles would not be able to use the bridge and would have to drive around. Exemptions would be school busses and public safety equipment. Another proposed exemption would be for vehicles utilized by the Village as waste and refuse haulers. The Village Attorney advised this could be an opportunity to discuss the Waste Management contract. It was suggested the Village Attorney was directed to write a letter to Waste Management. Minutes — Regular Council Meeting 8/5/10 Page 7 (Public Comments) There were no comments from the public, therefore the Mayor closed the public hearing. MOTION: Council Member Humpage made a motion to approve Ordinance 9 -10 on first reading. Vice Mayor Paterno amended the motion on number 5 including the operation of vehicles utilized by the Village as waste and refuse hauling. Motion was seconded by Council Member Turnquest, and carried by unanimous 5 -0 vote. 14. Council Discussion to move Forward with Sidewalk Installation on North Cypress Drive and Obtain Quotes Mayor Watkins announced this item had already been considered. 15. Discussion and Possible Action on Council Direction for Annexation I Consensus of Council: All five members of Council were in agreement to leave the $50,000 in contingency. A strategic plan was discussed for the first phase of annexation. Frank D'Ambra, 23 Leeward Circle, reported he was almost finished putting together an overview or guide as to how the process might work, costs under the current economic situation and then what the future might hold. Steps recommended were to make a strategic and financial plan, then decide regarding annexation -- evaluate the opportunity, develop a strategy, and then execute a campaign. The Village Manager indicated assistance would be needed to do the strategic plan, and suggested spending no more than $10,000. He explained that Frank D'Ambra and Abby Brennan had volunteered; however, it would be a bigger job than he first anticipated, and they agreed with him they should be compensated. Also, the Village Attorney felt the Village should obtain competitive proposals. MOTION Council Member Turnquest made a motion to direct the Village Manager to move forward with a strategic plan, publish a newspaper ad asking for requests for proposals from interested parties to put together an annexation sample strategic plan. The Manager would seek help from the Village Attorney to assure it would be done in the most appropriate way possible to avoid any negative perception. Council Member Humpage seconded the motion, which carried by unanimous 5 -0 vote. Minutes —Regular Council Meeting 8/5/10 Page 8 16. Council Discussion and Action on Florida League of Cities Proposed Resolutions The Council discussed items from the list to be voted on at the upcoming League meeting in Hollywood, Florida. Consensus of Council: Council Member Turnquest would oppose 2010 -07 17. Council Consideration and Possible Action regarding the Purchase of Railroad Property at 479 Seabrook Road Village Manager Couzzo explained this property had had code violations for some time and was now in foreclosure. He had been informed that the owner would take $300,000, with the Village absolving the owner of any existing liens. Discussion ensued. Consensus of Council: To take no action at this time but wait and take this matter under advisement. 18. Council Approval of Hold Harmless Agreement with Bank United and Gary Halloway for Use of Cornerstone / The Preserve Property The Village Manager reported the contractor expected the bridge to be 100% complete the first or second week in September. He explained this job needed to be accelerated as much as possible so that the expense of having the consultants could be stopped. MOTION Vice Mayor Paterno made a motion to approve the hold harmless agreement with Bank United and Gary Halloway for use of Cornerstone/The Preserve properly. Council Member Turnquest seconded the motion, which carried by unanimous 5 -0 vote. STANDING REPORTS • Village Attorney Attorney White reported the status of a case regarding single subject and unfunded mandates. She also reported Tequesta's financial state was one of the best in Florida. • Village Manager Village Manager Couzzo reported the funeral arrangements for Mayor Zuccarelli's father. He gave an update on the bridge lighting, barrier wall, and drainage. The Minutes —Regular Council Meeting 8/5/10 Page 9 landscaping bid process and approval for the bridge would need to be accelerated if the landscaping were to be completed by the opening, so a special Council meeting would need to be called, authority given to the Manager and Attorney to handle the process, or delay to the September Council meeting. MOTION Council Member Arena made a motion to give authority to the Village Manager and Village Attorney to handle the bid process and awarding landscaping. Motion was seconded by Council Member Humpage, and carried by unanimous 5 -0 vote. ANY OTHER MATTERS Council Member Turnquest advised he was considering asking the YMCA if they would be interested in having a facility in Tequesta to benefit residents and expand the recreation department. He would continue to work on this and bring back to Council if it seemed feasible. Council Member Arena reported on the " Tequesta Says Thank You" program and asked for $400 from his discretionary fund to finish the project. Mayor Watkins suggested paying a $500 bonus to Sheltra workers to get the bridge done by August 16 if it could be done legally. MOTION: Council Member Humpage made a motion to offer Sheltra workers $500 each to finish the bridge in phase 1 and 2, if legally allowed. Council Member Turnquest seconded the motion, which carried by unanimous vote. 19. Discussion and approval of Performance Recognition compensation (PRC) for Village Manager A. Council Approval of First Addendum to Amended Employment agreement with Michael R. Couzzo, Jr. Extending the Terms and Conditions During discussion, Vice Mayor Paterno expressed his desire to see the employment rewritten into a new contract. He also would like more commitment from Mr. Couzzo. Mr. Couzzo responded he had no intention of leaving, but would voluntarily forfeit any accrued sick leave if he did not give six months notice, barring health concerns. The length of time to extend the contract was discussed. Vice Mayor Paterno stated he could not vote for more than a five -year extension. Minutes —Regular Council Meeting 8/5/10 Page 10 MOTION Council Member Turnquest made a motion to extend Village Manager Couzzo's employment contract to 1213112018, to include a provision that in the event he did not give six months notice he would forfeit any payout of accrued sick leave, and to write a whole new contract that would be Second Employment Contract Amended Contract. Motion was seconded by Council Member Humpage and carried by 4 -1 vote, with Vice Mayor Paterno dissenting. B. Resolution 22 -10. Approving a One Time Performance Based Recognition Compensation Amount for the Village Manager for Fiscal Year 09/10 in Accordance with Section 4 of the Amended Employment Agreement between the Village Manager and the Village of Tequesta Dated December 14, 2006 Village Attorney White read Resolution 22 -10 by title only. Mayor Watkins felt the Village Manager should be rewarded with a compensation bonus because of the good job he had done for the past ten years, his creativity in solving problems and devotion to the bridge project which had saved the Village a lot of money, and commented this had been his best year. Council Member Turnquest stated his agreement with the job well done but felt it would be inappropriate to single him out for a bonus since other employees were not getting increases. Council Member Arena favored a $15,000 bonus. Council Member Humpage noted the Manager had given up $6,000 by not taking his 4% raise, and suggested a middle ground. Council Member Turnquest suggested an alternative of adding into the budget personal training. Mayor Watkins felt it should be in the form of a PRC. (Public Comment) Marcia Nielson, 94 Beechwood Trail, expressed her opinion the Village Manager should be given a lower amount so as not to create a negative perception with lower end employees, and suggested $10,000. Frank D'Ambra, 23 Leeward Circle, suggested for future consideration to manage the bonus by setting objectives to be achieved, and for this year take into consideration all the circumstances and not over or under reward. Dottie Campbell, 30 Eastwinds Circle, expressed her opinion that a bonus would not only impact other employees but residents of the Village; he had done his job well but so had everyone else. Minutes —Regular Council Meeting 8/5/10 Page 11 Council Member Arena commented this bonus was for past performance, when all employees had received raises. A poll of the Council indicated Council Member Turnquest favored zero bonus, Council Member Humpage favored $10,000, Council Member Arena favored 15 %, Vice Mayor Paterno favored $12,000, and Mayor Watkins favored $12,000. MOTION Vice Mayor Paterno made a motion to award a one time performance based recognition compensation amount for the Village Manager for Fiscal Year 09110 of $12,000 gross. Council Member Humpage seconded the motion, which carried by 4- 1 vote, with Council Member Turnquest dissenting. ADJOURNMENT Council Member Humpage moved to adjourn the meeting; seconded by Council Member Arena. The motion to adjourn carried unanimously 5 -0; therefore the meeting was adjourned at 12:08 a.m. Respectfully submitted, � rq� - Lori McWilliams, MMC Village Clerk Note These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office.