HomeMy WebLinkAboutMinutes_Regular_10/11/2007MINUTES
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING MINUTES
OCTOBER 11, 2007
I. Call to Order and Roll Call
The meeting was called to order by Mayor Jim Humpage at 7:12 p.m. A roll call was
taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Jim
Humpage, Vice Mayor Pat Watkins, Council Member Dan Amero, Council Member Tom
Paterno, and Council Member Calvin Turnquest. Also in attendance were: Village
Attorney Scott Hawkins, Village Manager Michael R. Couzzo, Jr., Assistant to the
Village Clerk Deanna Mayo, and Department Heads.
II. Invocation and Pledge of Allegiance
The Invocation was given by Council Member Turnquest, followed by the pledge to the
flag.
III. Approval of Agenda
MOTION: Vice Mayor Watkins moved approval of the agenda as submitted. Council
Member Amero seconded the motion. Items 13, 14 and 16 were pulled from the
Consent Agenda by Council Member Paterno for discussion. Mayor Humpage
requested moving the Charter Review item 6 to immediately follow as the next agenda
item. Motion carried by unanimous 5-0 vote.
V. Presentations/Proclamations
6. Charter Review Board presentation by Committee Vice-Chair Mary
Hinton on the proposed Village of Tequesta Charter changes
Mary Hinton, Committee Vice Chair, explained the Committee had reviewed every
section of the Charter to see if it should be changed, and she would review the
proposed changes. Also, the committee was recommending some procedure changes,
and a chart had been provided showing minor changes, some of which might require a
referendum; substantive changes which would definitely require a referendum; and
recommendations to bring the ordinances and procedures in line with the Charter or
vice versa. Ms. Hinton reported the following changes: Section 1.02 the word "policy"
had been changed; Section 2.01 "Florida Law" was added for consistency; Section 2.02
the word "hold" had been added; Section 5.01 removed the words "relief of the poor";
under initiatives and referendums added "certified by the Palm Beach County
Supervisor of Elections"; in form of petitions the word "genuine" was added; Section
Minutes -Regular Village Council Meeting 10/11/07
Page 2
6. Charter Review Board presentation (Con't)
6.05 added "business days" instead of "days" which was a substantive change; Sections
6.08 and 6.09 added the words "sixty days"; wanted to make sure in Section 7.02
regarding meetings that it was in conformance with Florida State Statutes in regard to
meeting laws; Section 2.01 -new verbiage: "Each Village Council Member shall be
entitled to an annual salary to be fixed by ordinance"; Section 2.05 outlined what was
required to declare a seat vacant; Section 2.07 contained new language in regard to
appointing labor counsel; and making the attorney and a CPA under Council employ,
and the CPA would prepare an annual audit for the Council.
Under Ordinances and Recommendations, the committee thought Council should be
able to receive reimbursement as outlined by Florida State Statutes for authorized travel
and per diem expenses incurred in performing their official duties and that per diem
policies would be the same as now required by the Human Resources Department;
under Village Council procedures recommendation was for the Manager to authorize
who could contact the Village Attorney; implement a Council procedure for hiring
outside Counsel with respect to special situations and special expertise; consider an
increase in salary for Council members; be sure there is an ordinance in respect to
Department Heads; recommend poll workers be from Palm Beach County rather than
the Village of Tequesta.
Discussion ensued regarding what needed to go to referendum. Council Member
Amero requested addition of requiring review of the Charter not less than every five
years. Council Member Paterno asked if Council could boot an elected official off the
Council; Attorney Randolph advised that they could not but if it were a Charter
requirement then they could, which was discussed. Also discussed was the
requirement fora 4-1 vote on hiring and firing the Village Manager; Council Member
Paterno requested that be changed to 3-2 vote for consistency and expressed his
opinion that some distance requirement should be added for where the Village Manager
could live. Council Member Turnquest requested all of the Charter Review Committee
attend a workshop with Council to discuss their recommendations and thanked them for
a good job. Geraldine Genco asked Council to consider changing the 4-1 vote
requirement which she felt was tied to the current Village Manager; Ms. Hinton stated
she had not supported the 4-1 vote based on an individual. Council Member Turnquest
asked if the Charter changed before or after hiring the current Village Manager making it
appear it was specifically tailored to the Village Manager; Ms. Genco expressed her
opinion it had been changed; Mayor Humpage and Mr. Capretta recalled it had not been
changed; this was deferred to a workshop for discussion. Attorney Randolph outlined
the procedure to be followed-after the workshop two public hearings were required,
which must be completed in time to place this on the ballot in the March election. Mr.
Capretta advised the Charter was the constitution of the Village and items such as the
4-1 vote, living requirements, etc., had deliberately been decided to limit the powers of
the Council.
2
Minutes -Regular Village Council Meeting 10/11/07
Page 3
IV. Standing Reports
1. Village Attorney
Attorney Hawkins advised he had provided a detailed report to the Council. The
Attorney noted it would be appropriate to schedule an Executive Session regarding the
Arena situation.
Attorney Hawkins answered questions regarding the JMZ case, and advised that the
Mayor would be the party speaking for the Village.
Attorney Hawkins explained there were disputes over monies owed for completion of
Village Hall, for which agreement had been reached, making the building come in under
budget; the Mayor explained the problem had been a change order with excessive
charges.
Betty Nagy, a resident, requested more thorough explanations of items discussed to
provide the residents with better understanding.
2. Village Manager -
The Village Manager reported he would be meeting with an engineering firm next
Wednesday regarding design work for renovation of the Tequesta Drive bridge.
a. Village Council to note the renewal of the Employee Assistance
Program Agreement with the Center for Family Services of Palm
Beach County, Inc. - $3,286.80
There was no discussion of this item.
b. Swale report that the Village maintains and irrigates -the ones the
Village services now - wants a list
Council Member Amero questioned whether it would be less costly for the Village to do
their own landscape maintenance. The Manager agreed it would, and indicated that
had been started by hiring another person. The Mayor requested a study on this matter
as employees and equipment were added. Vice Mayor Watkins expressed her opinion
that it was the duty of the Council to look at the most cost effective way to keep the
Village looking its best. Council Member Paterno indicated consistency was needed
regarding the Village doing landscape maintenance in front of residences and
businesses, and all residents should be treated the same, and asked that be addressed
in the study. Mayor Humpage expressed his opinion a distinction should be made
between doing the main thoroughfares and other properties.
c. Cornerstone Preserve -Bond issue
3
Minutes -Regular Village Council Meeting 10/11/07
Page 4
2. Village Manager - (Con't)
Council Member Paterno asked for clarification on the $100,000 bond; and whether the
scrub jay restoration and palm replacement were going to be done. Director of
Community Development Catherine Harding advised the Village would probably need to
do the work and charge the contractor. Also, the contractor needed to supply final
drawings to the Village. Village Manager Couzzo indicated he would like to get these
things done through "good neighborship". Ms. Harding explained debris could be
addressed by Code Enforcement but the other issues were not covered by ordinance;
and she could contact Fish and Wildlife regarding the scrub jay issue. The Village
Manager indicated he had been in regular contact with the developer's attorney, who
had been helpful. Ms. Harding explained the permit situation.
Manager Couzzo reported only one person remained outstanding on the South Cypress
issue.
Village Manager Couzzo reported the work at Tequesta Drive and Old Dixie Highway
had been stopped by Florida East Coast Railway because proper permits were not
obtained; a letter from the County indicated the Village should negotiate an easement
and right-of-way for that construction. Consensus of Council was to authorize the
Village Manager to contact the County asking them to provide permits.
Council Member Turnquest expressed his opinion a cost analysis of landscape
maintenance was in order to determine if it would be less costly for the Village to do that
work, and he would like to see Village residents hired to do the work if possible.
d. Report on the FEMA issue
Council Member Amero commented for benefit of the residents that Catherine Harding
deserved special thanks for her effort to bring the Village back into conformance with
FEMA to get the CRS rating restored.
V. Presentations /Proclamations
3. Proclamation declaring November National Hospice Month and
Celebrating the Hospice of Palm Beach County's 30th Anniversary
Mayor Humpage noted the Hospice representative was not present, and he would go
over the proclamation with that representative.
Council Member Amero asked if a proclamation would be done for the Tequesta
Country Club's 50th anniversary. Mayor Humpage responded the Village would do a
proclamation, the Governor's office was sending a proclamation, and also a flag would
be presented.
4
Minutes -Regular Village Council Meeting 10/11/07
Page 5
4. .Presentation by Steve Palmquist, Gabriel Roeder, Smith & Company
regarding the possibility of reducing firefighter contributions from
6.1 % back to 5%.
Mr. Palmquist apologized that he had not attended last month because of an error on
his calendar. He presented a proposed change to the Police and Firefighters Pension
Plan, explaining the firefighters currently paid 6.1 % of their pay out of their own pockets
into the pension plan and the police paid 5% out of their own pockets into the pension
plan. The Pension Board had proposed a plan to reduce the firefighters' contribution of
6.1 % to 5%--the same rate paid by the police officers. Mr. Palmquist referred to the
Supplemental Actuarial Report which he had provided, explaining that under Florida
Statutes 175 and 185 the firefighters and police received revenue from the State of
Florida, which was a tax on casualty and property insurance written within the Village
limits. The firefighters were now receiving revenue from the State that exceeded the
amount the Village was allowed to take credit for against their contribution; under State
rules the only way that money could be used was to provide more benefits for the
firefighters. The request by the firefighters to reduce their contribution to 5% would be
such a benefit, since it was reducing the amount the firefighters would have to pay in
contributions. The increase in annual cost associated with this change was $7,000; the
amount the Village could take credit for would increase that same $7,000, making the
contribution amount from the Village unchanged. In other words, this proposal would be
financed by Chapter 185 revenue.
Mayor Humpage commented the Village was about to enter into negotiations and this
could be a negotiable item. Mr. Palmquist advised that was correct, and he was not
pushing for this one way or the other-he was only providing information. Mayor
Humpage commented this was really anon-actionable item tonight. Council Member
Turnquest noted in 2005 the firefighters had requested their contribution rate be
increased from 5% to 6.1 %, and asked how often this was going to happen and stated
he did not like an up-and-down scenario. Mr. Palmquist commented the firefighters had
asked for a benefit which they had funded through their contributions and normally the
rate did not change from year to year, but he was not privy to the thinking that led to the
request to reduce back to 5%. Council Member Turnquest commented it seemed when
it was not in their favor they wanted to change the rate. Mr. Palmquist advised now they
had the State revenue to pay for this and the only way to tap into that extra revenue was
to provide another benefit to the firefighters. Council Member Paterno referred to Mr.
Palmquist's report and asked why the figures were as of 2005; Mr. Palmquist explained
that was the date of the last actuarial evaluation and another one would be done as of
October 1, 2007. Council Member Paterno also noted return on investment was less
than the 8% target; and salary increases during the last two years were a little more
than 6%, so he believed the assumptions would be found incorrect when a new
evaluation was done, and he believed it would cost the Village more money. The
assumptions made in 2005 for this pension fund had not materialized, and this fund had
not done as well as the General Employees Pension Fund, which had performed better
than expected. Council Member Paterno also stated he believed this was a negotiable
item. Council Member Amero agreed this was a negotiable item; and expressed
5
Minutes -Regular Village Council Meeting 10/11/07
Page 6
4. Presentation reducing firefighter contributions from 6.1% back to
concern the calculations came out perfectly with zero increase in Village contributions.
Mr. Palmquist explained that was because the baseline for State revenue had been
increased by the amount of the cost increase, which was the way the State required
them to do this exercise, and there was enough State revenue to pay for it. Vice Mayor
Watkins asked if this would continue into the future, to which Mr. Palmquist responded
in both 2006 and 2007 the State revenue amount had been larger that it had been in
2005. There was no guarantee of the amount of State funds in the future, but for
firefighters it was tied to property insurance; for police it was tied to casualty insurance.
Mayor Humpage stated he wanted to wait, thanked Mr. Palmquist for his presentation,
and advised that a decision would be made on this soon.
5. Cost Presentation by Steve Palmquist regarding paying interest on
employee contributions per Gabriel, Roeder ~ Smith Company
calculations proposal.
Mr. Palmquist noted he had previously reviewed this proposal to allow interest on
member contributions, which almost all other pension plans did, with the Village
Council. Right now, a General Employee who left the Village only received back the
amount of money they had put into the plan, without any interest. The proposal was to
apply 3% interest on any such refund. Mr. Palmquist advised this was one of the most
modest changes in benefits that one could imagine; the cost associated with this would
only add something like $100-$200 per year cost to the Village. Vice Mayor Watkins
verified with Mr. Palmquist this contribution was mandatory for employees. Mayor
Humpage commented he could see a couple of ways, but he would like to do this during
negotiations. Council Member Amero commented he had given his opinion he would
not be voting for this, and had given his reasons, one of which was the six-year vesting
here, and he wanted to give the bonuses to the people who stayed six years; also, he
believed this was not done in government or in private businesses and he saw no
reason to start it here. Mr. Palmquist advised in the great majority of contributory
pension plans interest was paid on contributions. Council Member Amero asked if that
was for voluntary contributions; Mr. Palmquist stated, no, that was for mandatory
contributions; this was mandatory. Council Member Amero commented he had
misunderstood that, and verified with Mr. Palmquist that municipalities in general
government paid interest on mandatory contributions. Mr. Palmquist responded it was
not mandatory that they do so, but the vast majority of plans did. Council Member
Amero commented he had understood it was the opposite way. Mayor Humpage
commented it was the employees' money, it cost the Village nothing, and he would like
to negotiate this. Council Member Amero stated he agreed. Mayor Humpage thanked
Mr. Palmquist for his presentation.
6
Minutes -Regular Village Council Meeting 10/11/07
Page 7
VI. Unfinished Business
6. Resolution 6-07/08, A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, renewal of Interim Firefighter
Shea Thomason's contract for the period of 6/28/07 - 6/27/09.
Village Attorney Hawkins read Resolution 6-07/08 by title.
MOTION: Vice Mayor Watkins moved approval of Resolution 6-07/08. Council
Member Paterno seconded the motion, which carried by unanimous 5-0 vote.
VII. Consent Agenda
MOTION: Council Member Amero moved approval of the consent agenda absent items
13, 14, and 16. Council Member Paterno seconded the motion, which carried by
unanimous 5-0 vote.
8. Village Council Special Meeting Minutes July 23, 2007
9. Village Council Special Meeting Minutes September 4, 2007
10. Village Council Workshop Minutes September 4, 2007
11. Item 11 was removed from the agenda before the meeting.
12. Resolution 1-07/08 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida to purchase of a Ford F250 4X4 3/4
Ton Pickup Truck for the Tequesta Water Treatment Plant
15. Resolution 4-07/08 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, awarding a bid proposal to
Sheehan Turf Care in the amount of $29,856.00 with funding coming from
account #001-210.546.306 General Maintenance with a FY 2007/2008
budget of $70,000.00 to maintain the ball fields at Tequesta Park [TAB 15]
Mr. Russell White, Public Works Manager and Mr. Greg Corbitt, Director
of Leisure Services
Summary: Award of bid proposal for $29,856.00 for Tequesta Park
ball field(s) six acres of Bermuda 419 Turf Maintenance
17. Council approval of a Needle Disposal Program and associated fees
18. Council approval of request to close Tequesta Drive from 11:00 a.m.
to 7:30 p.m. on November 10, 2007 for the 4th Annual Harvest Festival
held at Village Green Park
7
Minutes -Regular Village Council Meeting 10/11/07
Page 8
19. Council approval to host Tequesta's 7th Annual Run 4 the Pies on
Thanksgiving Day -November 22,2007 from 7:30 a.m. - 9:00 a.m.
END OF CONSENT AGENDA
13. Resolution 2-07/08 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, approving the purchase of five (5)
ISI Self-contained breathing apparatus (SCBA) assemblies from Proche
Fire Equipment, Inc. of Lakeland, Florida, in the amount of $22,000.00
from account #001-192-664-600, Machinery and Equipment, which has a
2007/2008 budget amount of $22,000.00.
Village Attorney Hawkins read Resolution 2-07/08 by title.
Council Member Paterno expressed his opinion the old equipment should be sold; Fire
Chief Weinand indicated it would be declared surplus and put up for auction.
MOTION: Council Member Paterno moved approval of Resolution 2-07/08. Council
Member Turnquest seconded the motion, which carried by unanimous 5-0 vote.
14. Resolution 3-07/08 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, approving the first amendment to
the agreement R2003-0865, the Interlocal Agreement between the Village
of Tequesta and Palm Beach County for 800 MHz radio interoperability
and authorizing the Manager to execute the same on behalf of the Village
Village Attorney Hawkins read Resolution 3-07/08 by title.
Council Member Paterno asked the economic impact of this item; Fire Chief Weinand
explained the cost was the same-this was not the agreement regarding the equipment,
it was a separate agreement to be able to talk on the radio.
MOTION: Vice Mayor Watkins moved approval of Resolution 3-07/08. Council Member
Amero seconded the motion, which carried by unanimous 5-0 vote.
16. Resolution 5-07/08 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, awarding a bid proposal to Island
Times Production, Inc. of North Palm Beach, Florida, in the amount of
$26,350.00 for amusement rides and services for the 4th Annual Harvest
Festival from budgeted account #001-231.534.303 and authorizing the
Village Manager to execute the applicable proposal on behalf of the
Village.
Village Attorney Hawkins read Resolution 5-07/08 by title.
8
Minutes -Regular Village Council Meeting 10/11/07
Page 9
16. Resolution 5-07/08 (Con't)
Council Member Paterno asked if there would be enough money to last through the
year since more than 50% was being spent on this event. Leisure Serices Director
Greg Corbitt explained that the Harvest Festival came from a different account, and
money for other events remained in other accounts. Mr. Corbitt advised there was
sufficient insurance on this event.
MOTION: Vice Mayor Watkins moved approval of Resolution 5-07/08. Council Member
Amero seconded the motion, which carried by unanimous 5-0 vote.
VIII. Communications from Citizens
Ward Bertholf, 473 Dover Road, requested an occasional report from Code Compliance
so residents would know what was going on. Mayor Humpage advised the Special
Master hearing minutes would be available to be picked up by the residents at Village
Council meetings
Geraldine Genco, 7 Country Club Circle, stated she felt the opportunity to make a
statement to the Council was the right of a taxpayer, and to see that there was a memo
from the Mayor requesting a legal interpretation to find out whether to give a taxpayer
that right was quite upsetting. She felt that had wasted taxpayers' money, and
commented it was unfortunate but elected officials were going to hear items they did not
like and should not try to keep residents quiet. Ms. Genco stated she cared about this
community and this had hurt her, and she spoke because she felt it was important that
someone remind Council about matters. Regarding matters at tonight's meeting, there
were some things she had not understood. The Council had clearly directed that a
$100,000 bond be posted for Cornerstone, and who was watching that-why wasn't it
posted. In this situation an endangered species was involved, safety was involved,
community appearance was involved, and asked who had the right not to follow
Council's direction, which had been made to protect the Village. It was somebody's
responsibility to see their decisions were carried out. Ms. Genco also stated she hoped
the Council would endorse the change to the Firefighters benefits, which really would
not cost the Village anything, and she felt Council needed an update to the actuarial
table and should recommend the Firefighters take the additional money going forward to
pay down their insurance benefits.
Bill Scoville, 56 Yacht Club Place, reported he had lived there since 1966 and his back
yard was on a right-of-way. The Village erected a fence to stop use of the right-of-way.
but there was a gate that had been opened twice. Mayor Humpage indicated that was
an error and the gate was now locked and could only be opened in an emergency;
opening it was a safety hazard.. Mr. Scoville described his efforts to construct his own
fence, and advised two lot owners, Mr. Anderson and Mr. Bernard, would not sign a lot
owners' agreement; the Mayor commented the Village could not be involved in that.
Mayor Humpage advised he would speak further with Mr. Scoville on this matter.
9
Minutes -Regular Village Council Meeting 10/11/07
Page 10
VIII. Communications from Citizens (Con't)
Mary Hinton, 12 Oakland Court, expressed her opinion the Village had an excellent Fire
Rescue and Police force, which had responded to a call in her development within
seconds. Ms. Hinton advised regarding the scrub jay situation, to carry what Ms.
Harding was saying one step further, there were other agencies available, such as DEP
and South Florida Water Management, who would look into that and provide
enforcement; also the permit might contain an abandonment clause to abandon the
project if the scrub jays were not protected.
IX. Communications from Council
Council Member Paterno asked that emails be handled more efficiently; advising he had
sent an email to the Village Manager requesting information on the amount of insurance
coverage on the property in the Tequesta Park recreation building and had received no
response. He received a response to a second request for that information but it did
not answer the question why contents were insured for $500,000, and it took 14 days to
get that response. He had later learned the amount had been changed during the 14-
day period it took for the response. Council Member Paterno reported on October 3 he
had sent another email and still had not received information regarding the fire
transportation receivables of $114,909, which was approximately 50% of yearly
charges. Council Member Paterno noted the email situation had been discussed a year
ago and he thought it had been rectified, but it had not been.
Council Member Paterno commented it was very important to all the residents that the
Village Council evaluate every item that came before them because they were there to
serve the people and should set aside their differences to serve the residents; when he
walked away from his seat on the Village Council he wanted to be able to say he had
done his best.
Council Member Paterno reported in speaking with residents two subjects always came
up-taxes and insurance-number one was taxes. It was rough on the Village but
making budget cuts to save was good; and he felt the Council should help residents to
the best of their ability and that all should come together to come up with new ideas for
the best interests of the community--for instance possibly not replacing trucks that could
last longer--and asked residents to bring ideas to the Council; there were no bad ideas.
Also to tell the Council if they saw potentially dangerous things, such as wires hanging
from a street light pole on the Zuccarelli property.
Council Member Paterno noted the employees' compensation was important to him, but
the Village did have a budget to work within, and ideas were needed on how to do
things better to save in order to give added benefits and small increases in pay. Council
Member Paterno discussed the drop in the real estate values and wanted to do
everything possible to make the Village look better to help property values.
10
Minutes -Regular Village Council Meeting 10/11/07
Page 11
IX. Communications from Council (Con't)
Council Member Turnquest commented on Geraldine Genco's comment about being
upset, stated it was disconcerting when residents felt their voice was being squashed,
the Council was supposed to be representing the voice of the people, and for a citizen
to voice such a concern was a sad day. Taxpayer dollars paid for the Village Council
and citizens should be heard. Council Member Turnquest expressed his opinion that
any resident should be able to say what they thought so long as it -did not interfere with
the daily operations of the departments and the Village Manager. Council Member
Turnquest stated he would like to address the department heads and tell them they
should be proud of themselves and of the Village, which was a wonderful place. He
also wanted them to hold the Village Manager accountable for their work, it was their
work that made the Manager look good; just as he held the department heads
accountable for the work they did, hold him accountable because it represented their
hard work.
Council Amero asked about the letter received from Palm Beach County on October 2
regarding the Charter amendment, and asked that a representative attend regarding
annexation. Village Manager Couzzo advised someone would attend.
Vice Mayor Watkins reported that Dr. Art Johnson, Supervisor of Palm Beach County
Schools, had been the speaker at the League of Cities meeting she had attended. He
was trying to come up with a creative alternative to suspension, asking if any
communities had space available for an alternative program. The Vice Mayor also
reported the Jupiter Tequesta Juno Beach Chamber of Commerce was merging with
the North Palm Beach Chamber of Commerce, which would provide a larger and better
Chamber of Commerce.
Vice Mayor Watkins expressed hope that all citizens were aware and appreciated that a
Village Council seat was not be taken on lightly, and it was important in this small
community to protect it. She felt it was important for the Council and the residents to
look at the Village as a whole, not get bogged down in individual situations-Council
members did not have the luxury of doing that but must work together for the good of
the Village. The Vice Mayor expressed her opinion that Council had done an excellent
job, with the help of the Manager and staff, of watching the budget; the community
expected a certain level of service, and a certain look to the Village. The Village budget
contained healthy reserves, and she would not jeopardize the Village by taking an
approach of cutting everything or doing it by way of the employees-every facet had to
be taken care of. She wanted residents to understand that a lot of thought went into
the process for everyone, and all of the Council took their responsibilities very seriously.
As to the comments, Vice Mayor Watkins expressed her opinion no one had ever been
denied the right to make public comments, and she took exception when accusations
were made and when the word "fraudulent" was used. The public had the right to make
statements, but everyone needed to be very careful in what they were saying and be
sensitive as to what they were saying as well-the Council did hear them and took them
very seriously.
11
Minutes -Regular Village Council Meeting 10/11/07
Page 12
IX. Communications from Council (Con't)
Mayor Humpage commented the Council had heard a presentation from Kit Legato a
couple of months ago about Americans Supporting Americans. The situation had costs
not included in the budget, and issues needed to be worked out. It was his
understanding that the group primarily wanted products such as deodorant, sunscreen,
lip balm, Koolaid, and phone calls; the problem was those donations had to be shipped
to the soldiers and according to the number in the group assigned to the Village, that
could cost $5,000 to $20,000 annually for postage only. Those funds would have to be
allocated from reserves, and it would have to be done as long as the unit was there.
There was a lot more to talk about than originally thought. Council Member Turnquest
asked if it had been announced to the residents that the Village was trying to adopt a
unit; Mayor Humpage responded it had not been announced because they kept running
into hurdles, and a resolution would have to be passed to do this, and once done, the
Village was in it until the end. Council Member Turnquest suggested if residents knew
the Village was considering doing this they would step up and provide money and some
organization might help with postage. The Mayor cautioned the Village had to be
accountable to IRS and this needed more discussion. Finance Director Joann Forsythe
commented this organization was more concerned with soldiers getting mail every two
months, to bond with them via email; some had no family and no contact from outside
the war. The organization was looking for consistency with contact more than what was
being sent, and had advised that a lot of smaller communities started with the Police
Chief and Fire Chief going to schools and getting kids to write letters, with the
community supporting the postage. Council Member Paterno thought the schools or
churches would be good sources, and volunteered to pay the first $1,000 postage out of
his pocket. Council Member Amero volunteered to pay the second $1,000. Finance
Director Forsythe advised it now cost $9 to mail one package, times the number of
soldiers in the unit times every two months, which could get very costly. Discussion
ensued. Mayor Humpage indicated a volunteer committee should be formed;
suggestions were made to advertise in Smoke Signals, on the website, in the media,
announce at Harvest Fest, and possibly involve Church of the Good Shepherd and a 5t"
grade writing group.
Mayor Humpage commented the Fire Department did a great job with the National Fire
Prevention event, attended by approximately 400 people.
X. New Business
20. Ordinance 620-06/07 -Second Reading- An Ordinance of the Village
Council of the Village of Tequesta, Palm Beach County, Florida, providing for the
voluntary annexation of property to combine parcels for the construction of
Regions Bank, providing for repeal of Ordinances in conflict; providing for
severability; providing for codification; providing an effective date. (First Reading
9/13/07)
Village Attorney Hawkins read Ordinance 620-06/07 on second reading by title only.
12
Minutes -Regular Village Council Meeting 10/11/07
Page 13
20. Ordinance 620-06/07 (Con't)
Mayor Humpage declared the public hearing open. Hearing no comments from the
Council or the public, Mayor Humpage declared the public hearing closed.
MOTION: Vice Mayor Watkins moved approval of Ordinance 620-06/07 on second
reading by title only. Council Member Paterno seconded the motion, which carried by
unanimous 5-0 vote.
XI. Any Other Matters
Council Member Amero noted he had expressed disappointment at the pre-agenda
workshop that the Village Manager's contract had not been placed on the regular
agenda; stated he had real concerns about the timing, and advised the Council had
asked for a legal opinion. Questions were, what were the options available to parties in
the event the Village or the Village Manager wanted to modify or terminate the
agreement before the end of this current term, and whether the current agreement was
valid in light of the evergreen clause. Council Member Amero advised he had read the
opinion and also received by email an opinion from another attorney, whose opinion
was different. He stated he had done his due diligence, and reported people who
reviewed the contract viewed it two different ways; some said it was a 5-year contract;
the Village Attorney's opinion was it was a 10-year contract, and he was not comfortable
with it. Council Member Amero asked anyone to show him another municipality that
had either a 5 or a 10-year contract-usually they were for one year or at will-and
expressed concern with a 10-year contract. In reviewing the minutes of November 14,
2002, page 3, under Unfinished Business, Council Member Resnik had made it a 5-year
agreement and now Council was hearing it was a 10-year agreement. Council Member
Amero asked if the contract could be changed or revisited; if not, just move on and
forget about it. His question was whether it was a 5 or a 10-year contract-there were
two different legal opinions, and he wanted to know which was right.
Mayor Humpage advised this was not on the agenda and the Council needed to have a
workshop on this matter. Council Member Amero advised he and Council Member
Paterno had been vocal about this, if it was a done deal it could be dropped, but he did
not have to go along with it. Council Member Turnquest commented the legal opinions
stated it was 5 years that could be renewed. Mayor Humpage stated, 5 year that
automatically renewed.
Council Member Turnquest commented if Council was not satisfied with the Village
Manager they could terminate at any time, that did not make it a 10-year contract; if
Council did nothing, the Manager could be there 15 years, that did not make it a 15-year
contract.
Council Member Paterno stated he also asked for other opinions, and he had four. He
also distributed page 3 from the November 14, 2002 minutes-the official record of the
Village. The minutes stated that Council Member Resnik reported it was a 5-year
agreement; that was his opinion and he was the one who negotiated the contract,
13
Minutes -Regular Village Council Meeting 10/11/07
Page 14
XI. Any Other Matters (Con't)
according to what Council Member Paterno could find from the minutes. Col. Resnik
was an upstanding citizen everyone looked up to, so his opinion carried a lot of weight.
Also, Council Member Paterno had had Mr. Carson review the contract, and he said it
was unusual and not what he would do. Council Member Paterno commented most
evergreen clauses had 60 or 30 days before the end of the term of an option to non-
renew,(not atermination), and asked Attorney Hawkins if a non-renew could be done by
a 3-2 vote. Attorney Hawkins indicated he could not answer that; he did not have the
document in front of him. Council Member Paterno noted there was a difference
between non-renewal and termination-termination could only happen when the
contract was in effect. Attorney Hawkins commented he had made that point in his
letter, but was not sure Council Member Paterno was right that non-renewal could be
done by 3-2 vote. Council Member Paterno expressed his opinion a 4-1 vote would be
required; Attorney Hawkins stated he could argue both sides. Council Member Paterno
explained his own attorney indicated it was afive-year contract, and thought something
should be done about it, and stated he was flabbergasted it was not on the agenda.
Vice Mayor Watkins commented she did not understand how you could overlook the
wording "automatically renews", and this contract had been accepted, voted on, and
approved by a 5-0 vote in one case and a 4-0 vote in another; asked why this was being
discussed and asked what the goal was. Council Member Amero responded Col.
Resnik had said it was afive-year contract and did not say it was renewable. The Vice
Mayor commented neither she nor Council Member Amero were there, that Col. Resnik
thought the world of Mr. Couzzo as evidenced by him talking about giving him PRC's of
more and more because of the excellent job he did; she believed he was not
referencing the five year total, but the five year additional. She believed if Col. Resnik
were there he would argue with them, and she did not understand why they were
determined to make Mr. Couzzo's life miserable and asked them to tell her what it was
about the job Mr. Couzzo had done that made them go after him.
Council Member Amero explained he was looking at a contract that had to be renewed
after five years, to see if they were going to make any changes. The Vice Mayor asked
what about the verbiage in the contract that said "automatically renews" that was
accepted by 5-0 Council vote. Council Member Amero explained he went by the
minutes, and the minutes and the contract contradicted each other, and his question
was which was correct. Vice Mayor Watkins stated she thought they were doing the
Village a gross injustice by not getting off this subject, costing countless dollars, and
now treading into territory where the Village could be hit with a lawsuit, and she did not
understand what more could be expected from Mr. Couzzo. Council Member Amero
clarified his goal was to find out what they had and if it was open to negotiation, and if
so, then to negotiate a contract, and Council had asked for a legal opinion. The Vice
Mayor indicated she did not understand all the possibilities in this that others were
seeing.
14
Minutes -Regular Village Council Meeting 10/11/07
Page 15
XI. Any Other Matters (Con't)
Mayor Humpage expressed his opinion the Council could not take action on this tonight,
because it was not on the agenda, and would have to get together next week. The
Mayor commented he felt it was interesting the documents presented tonight were the
same he received from Geraldine Genco; there were other things included no one had
mentioned. The Mayor referred to items signed by Council Member Resnik, including
the agreement that stated it was for five years, automatically renewable. The Mayor
indicated this matter had to be done at another time because it wasn't on the agenda-if
they wanted to get rid of the Village Manager then there should be a meeting called for
Tuesday or Wednesday and fire him, which would cost the Village a bundle, and this
was costing a bundle, now over $4,000. Initially Council Members Paterno, Amero, and
Turnquest had questions, but this had seemed to escalate. The Mayor expressed his
opinion Mr. Couzzo had done a good job and was well liked.
Council Member Amero commented he was only asking if the contract was five or ten
years and if it was a contract that couldn't be reviewed, just move on and not waste time
with it, and when he wanted to get into something that had been around for awhile,
whether the Charter or contract, he was always blocked because others did not want to
get into it. He had asked what type of contract it was and could it be renegotiated after
five years or not, and those were his only questions, and now it was getting personal
and did they want to fire the Manager, and he did not think that had anything to do with
whether they had an opportunity to renegotiate after five years or not, and if not, move
on.
Council Member Turnquest expressed his opinion there was an opportunity to
renegotiate any time the Manager agreed to renegotiate his contract and it did not have
to wait five years; that Mr. Couzzo had done a great job, and he did not think Council
Member Amero was making it personal. Council Member Turnquest asked if all could
agree the term was unusual; in Palm Beach County no other Manager had this type of
term, but to browbeat the contract and take it to the point almost of alienation of the
Manager was causing insecurities-but the contract should be reviewed. Council
Member Turnquest commented Mr. Couzzo had done an excellent job and was an
asset; if the contract were renegotiated it would take a vote of 4, and it should be the
Manager's decision to change or even talk about his contract.
Council Member Turnquest advised he was setting a meeting with John Zuccarelli to
speak to him about a European investor who had dollars to purchase his vacant lot
which could bring up the property value. He wanted to see if Mr. Zuccarelli could join
with Tequesta to develop the property and did not want past differences to interfere with
future negotiations, and asked for advice from the other members of the Council.
Discussion ensued. Attorney Hawkins advised Council Member Turnquest could
proceed since there were no current issues before the Village on that property, but
cautioned that in the event of a vote on development approval he would have to recuse
himself.
15
Minutes -Regular Village Council Meeting 10/11/07
Page 16
XI. Any Other Matters (Con't)
Council Member Turnquest requested that Community Development Director Harding
write a column called "What's Going On In Tequesta" in a local newspaper to keep
residents updated on what was happening with different properties. Mayor Humpage
reported Hometown News had contacted him to see if Tequesta would do something for
their newspaper, and it was suggested a column could be rotated among Community
Development Director Harding, the Police Chief, and Parks and Recreation.
Geraldine Genco asked the nature of the JMZ litigation, to which the Village Manager
responded it was regarding sanitary sewers. Ms. Genco commented if the Council was
arguing over the Village Manager's contract, and had two legal opinions that said it was
five years, why not just write a new contract clarifying the terms and everything else so
that in another five years someone else didn't have to deal with it.
Council Member Paterno indicated he supported Council Member Turnquest's efforts
with Mr. Zuccarelli, but advised him to be very careful; he was putting himself into a
tough situation. He also asked if anyone had ever asked Mr. Couzzo if he would be
willing to renegotiate. Attorney Hawkins cautioned not to ask him in public. Village
Manager Couzzo commented there had been tremendous amount of discussion without
ever asking him; he meant no disrespect, but that would have been the place to start.
Council Member Amero agreed.
Vice Mayor Watkins requested a joint workshop with Planning and Zoning regarding
the vision of the Village. She also asked to revisit the memorial and to get the business
forum going again.
Mayor Humpage passed out calendars to be filled out and faxed to the Village Clerk the
next day so she could schedule workshops
Adjournment
MOTION. Upon motion by Council Member Amero, seconded by Vice Mayor
Watkins, the meeting was adjourned at 10:30 p. m. by 5-0 vote.
Respectfully submitted,
Deanna Mayo
Assistant to the Village Clerk
16