HomeMy WebLinkAboutMinutes_Regular_05/10/2007MINUTES
VILLAGE OF TEQUESTA
REGULAR VILLAGE COUNCIL MEETING
TEQUESTA VILLAGE HALL
THURSDAY, MAY 10, 2007
I. Call to Order and Roll Call
Mayor Jim Humpage called the meeting to order at 7:37 p.m. Village Clerk Lori
McWilliams took a roll call. 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., Village Clerk Lori McWilliams, and Department Heads.
II. Invocation and Pledge of Allegiance
Council Member Turnquest gave the invocation and led the Pledge of Allegiance to the Flag.
III. Approval of Agenda
MOTION: Vice-Mayor Watkins moved to approve the agenda; Council Member Amero
seconded.
Mayor Humpage asked to move Item #18 to be the first item under "New Business" as Item
12A and make #12 12B. Consensus of Council agreed.
Motion carried S-0.
IV. Standing Reports
Village Attorney
Mr. Hawkins explained Mr. Edward Guedes, Special Counsel in the Dalack case, has
requested an Executive Session be noticed and held next week to discuss litigation strategies
and related expenditure decisions in connection with the matter. He advised there had been
some discussions between the parties which Mr. Guedes believes prompts the need for an
Executive Session consistent with the Statutory requirements.
Consensus of Council agreed to hold an Executive Session to discuss litigation strategies
regarding the Dalack case on Wednesday, May 16, 2007 at 3:30 p.m. in the Village
Manager's Conference Room.
Mr. Hawkins noted those who would attend were: Council Members, Mr. Couzzo, Mr.
Guedes and Mr. Hawkins and he would line up the Court Reporter.
Village Manager
None
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Page 2
V. Proclamations and Presentations
1. Presentation of recognition plaque to Tom Boyhan, WJTW President, for his
dedication and services to the Village of Tequesta and its residents (no backup)
Vice-Mayor Watkins commented that Tom Boyhan was dynamic in providing services to the
Village residents especially in time of emergencies. She mentioned he was particularly
helpful during the recent election process and invited candidates to a forum. Vice-Mayor
Watkins presented a recognition plaque to Mr. Boyhan for his outstanding community
services to the Village of Tequesta.
Mr. Boyhan thanked Council for the recognition. He mentioned the most important process
during an emergency was to provide information to residents.
2. Presentation declaring the month of May "National Physical Fitness and Sports
Month" to increase awareness of the benefits of physical fitness (no backup)
Mr. Greg Corbitt, Director of Parks and Recreation, stated the President declared May as
Physical Fitness month. He explained adults 18 and older need at least 30 minutes of
physical activity five or more days a week. He mentioned physical education was not
mandatory in Palm Beach County Schools and was an elective; and that since the early
1990's all Palm Beach County schools were being built without gymnasiums. He stated
nearly 60 million Americans were obese and more than 10% of children between the ages of
two and five were overweight. He noted one quarter of US children spend four hours or
more watching television each day and only 28% of students in grades 9-12 participate in
daily physical education. He reviewed ways for people to become more active such as 30
minutes of exercise each day, riding a bike, walking, playing with your children, exercising
on lunch break, finding a gym, and taking the stairs instead of the elevator. He asked the
Village to join the President's Council in the challenge to get Americans moving for health
and becoming active during the month of May.
3. Proclamation declaring the week of May 20 - 26, 2007 as "Emergency Medical
Services Week" in the Village of Tequesta
Ms. McWilliams, Village Clerk, read the Proclamation into the record. Fire Chief James
Weinand noted the drought conditions were extremely high and currently there was 98,000
acres of land burning and stated it did not appear that the subtropical storm would help and
would only worsen the fires. He mentioned that Broward County had closed many of its
outdoor activities due to the wind shifts and within a couple days could be coming towards
the South Florida area.
4. Demonstration of new "Auto Pulse" equipment purchased from EMS Grant
Fire Chief Weinand introduced Mr. Peter Allen, Fire's Public Information Officer, who
explained the "Auto Pulse" was a new CPR device that provided chest compressions through
circumferential CPR and squeezes the entire chest. He noted published studies have shown
the "Auto Pulse" increased coronary profusion, the amount of blood flowing back to the
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Page 3
heart, by 33%, which increased the return of spontaneous circulation by 74%. He stated
Tequesta prides itself on being on the cutting edge of medical care, in particular cardiac care;
and therefore in 2005 the Fire Department applied for and received a grant from Palm Beach
County Emergency Medical Services for just under $16,000 to cover the cost of one "Auto
Pulse", which was placed in service last year. He stated they applied for another grant this
year to equip the backup rescue truck, which was put into service this week. He noted they
have had good success with the "Auto Pulse" and were one of the first agencies in Palm
Beach County to receive the system and stated there were currently only six agencies in the
Palm Beach County /Martin-area utilizing "Auto Pulse".
He stated that in addition to improving patient care, EMS would normally have to take one
person off the engine to place on the rescue truck to perform CPR on the way to the hospital;
however this was now avoided by using "Auto Pulse".
Lt. Bill Newburn and Firefighter /EMT Vanessa Smollen provided a demonstration of the
"Auto Pulse" system.
Mr. Hawkins noted there would need to be a Special Council Meeting in order to hold the
Executive Session.
VL Consent Agenda
• Mayor Humpage removed Item 6 from the Consent Agenda and placed it as Item 18
on the Regular Agenda since it was the Second Reading of an Ordinance.
MOTION: Vice-Mayor Watkins moved to approve the Consent Agenda as amended;
Council Member Amero seconded the motion; motion unanimously carried S-0; therefore
the following items were approved on the Consent Agenda.
5. Village Council Regular Meeting Minutes April 12, 2007.
6. REMOVED FROM CONSENT AGENDA
7. Ordinance 613-06/07, First Reading - an Ordinance of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, amending Ordinance 599 Section
22-56 Meetings and Records for the Planning and Zoning Board; providing for
codification, severability, and providing an effective date. (Second Reading 6/14/07)
8. Ordinance 614-06/07, First Reading - an Ordinance of the Village Council of the
Village of Tequesta, Palm Beach County, Florida, amending Chapter 70 Taxation of
the Village of Tequesta Ordinances, by repealing Article II, Occupational License Tax
in its entirety and re-adopting an updated new Article II, in order to comply with
recently enacted State Legislation rescinding Chapter 205 of Florida State Statues
(Second Reading 6/14/07)
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9. Resolution 46-06/07 - A Resolution of the Village Council of the Village of Tequesta,
Palm Beach County, Florida, authorizing the Village Manager to enter into a Water
Service Agreement with Jupiter Pointe Marina of Tequesta, Florida for the extension
of water service for the expansion of the Seapointe Marina, having a capital
connection revenue amount of $328,018
10. Council re-appointment of the Law Office of Glen J. Torcivia and Associates,
P.A. to serve as the Special Master for the Village of Tequesta, on an as needed
basis, for a period of two years, at an hourly rate of $150.00 per hour
11. Presentation of License Agreement between the Village of Tequesta and the
American Society of Composers, Authors and Publishers (ASCAP) as approved
by the Village Manager -Item presented for informational purposes only
END OF CONSENT AGENDA
VII. Communications from Citizens
• Ms. Pert Towne, of 364 Fairway North, stated since December she has volunteered at
the Police Department as a Dispatcher and has developed a deep respect for the job.
She commented on the Dispatchers need to multitask while remaining calm in times
of severe stress. She mentioned there was only one Dispatcher on duty at any given
time to answer three lines and two 911 lines. She felt the most important duty of the
Dispatcher was to know the location of the police officers. She said their value to the
Village was high and asked that when Council deliberated over their contracts to
consider her remarks.
• Ms. Dottie Campbell, 30 Eastwinds Circle, distributed the 50`" Anniversary schedule
of events and elaborated on each event. She showed Council the ducks that would be
used for the Lucky Duck Race and noted they would sell for $5.00 each or a flock of
five for $20.00. She mentioned the bridge would be closed to traffic and the first
duck across would win $1000. She showed Council a golden magic golf ball, which
would be dropped on the driving range by a helicopter. She voiced the need for
additional sponsors for the events. She stated the movie "Happy Feet" would be
shown and a commemorative booklet would be mailed to every resident and business
in the Village.
Mayor Humpage mentioned a resident gave him with a 1967 map and suggested it be
framed and maintained as an archived memento. Mr. Greg Corbitt, Director of Parks and
Recreation, informed Council National City Bank made a donation to pay the cost of the
movie, which would be held on Sunday evening. He reminded Council and the residents
of the parade and party in the park on Saturday June 2, 2007.
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• Mr. Chris Saia, of Cornerstone, provided an update on the Cornerstone project. He
stated they were on track and only some palms were left to plant. Mayor Humpage
stated he was pleased with the look of the project and felt Cornerstone was meeting
its obligations. Mayor Humpage stated Cornerstone had graciously agreed to stage
the parade.
• Mr. John Quincy, 100 Water Way, spoke on behalf of his brother-in-law who had an
air conditioner installed at the end of February and felt he was getting the run around
from the Building Department. He was told that in order to register the warranty it
needed to be inspected and was told the Association Board rescinded their approval.
He understood a current Association Board Member just had a new unit placed on the
roof and asked if this person was required to provide the manufacturers
specifications. He said he inspected the unit himself and said it did not meet code
requirements and questioned if there was a double standard being set. He asked
Council to have an inspector come out to do a courtesy inspection to approve the
unit. He stated the contractor did not receive return calls from the Building
Department and asked Council to influence the Building Department.
Mayor Humpage stated he provided the Village Manager with the information to follow up
on.
• Ms. Geraldine Genco, 7 Country Club Circle, stated she called the Water
Management District and asked if the Village had applied for an exemption for the
RO Plant. She recalled during the last shortage the Village applied for an exemption,
which allowed one phase better than the rest of the County. She was told an
exemption had not been applied for and therefore went through the Charter and found
Village Code 74-74 Water Restriction Surcharge Adjustment read, "If the South
Florida Water Management District or other authority having jurisdiction declares a
water shortage requiring mandatory curtailment to the extent of a 1 S percent
reduction in water usage, the consumption charges listed in this division shall be
increased 18 percent. If a reduction of water use in excess of 1 S percent is required,
the Village Council may establish by Ordinance an appropriate surcharge based
upon a recommendation of the village manager as to the revenue required to comply
with debt service. " She stated she had not heard whether an exemption was applied
for or whether Council was intending to give the Village a utility surcharge of 18%
and asked Council to address the issue.
She commented on the ISO, the National Flood Insurance Program Community
Rating System, and distributed a handout. She investigated whether the Village was
participating in the program and received all the communications that went to and
from the Village regarding the issue. She stated the process began on July 27, 2006
when the ISO informed the Village they were not maintaining the national flood
insurance community rating system. She reviewed in depth the documents in the
packet and the steps in the process and ISO's recommendation that the Village be
reclassified from Class 7 to Class 10 effective May 1, 2007. She referenced a letter
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Page 6
from FEMA that noted this was a voluntary program and requested a letter from the
Manager; she stated a letter was not sent because the analysis had not yet been
completed.
Mayor Humpage advised Ms. Genco her time had lapsed and asked her to remain within the
time parameters due to other issues that needed to come before Council.
Ms. Genco discussed the Villages request for immediate withdrawal from the rating
system and noted that based on the year 2005 it was $33,000. She asked why
$33,000 was not important.
Mayor Humpage noted he had been in contact with FEMA and stated the biggest concern for
the Village was the cost to maintain records, procure information and if the savings justified
the cost. He stated there would be approximately a $23 savings for residents within a
particular flood zone, which were near the water. He stated, to his knowledge, there were
approximately 740 homes that would fall within these parameters and only about 60%
carried insurance; which left 450 homes that would save $23 on their flood insurance
premiums and questioned if it was worthwhile. He stated since this occurred, this concern
was brought to FEMA who has agreed to revisit the situation because of the expense to small
municipalities and noted the insurance should be reinstated in October 2007; however the
value needs to be weighed.
Council Member Paterno stated he was not previously aware of this issue and asked why he
was not made aware of it since it had been ten months. Mayor Humpage stated he knew
about it due to an email from Ms. Genco and looked into the issue himself. Council Member
Paterno asked why it had not been brought to Council for a decision and felt ten months was
a long time to address the issue. Mayor Humpage stated there were communications
between Community Development and FEMA. Council Member Paterno questioned why it
had not been brought before Council. He understands it might not be cost effective, but
should have been brought to Council's attention. Mayor Humpage stated it was brought to
Community Development's attention and they made the decision that it was not cost
effective.
Council Member Amero stated Council set policy and it was a requirement of the Comp Plan
to participate in the program. He said he did not believe staff could make the decision to
cancel a program that the Comp Plan required. Mayor Humpage agreed and felt Council
was brought into the loop a little too late and a lack of a decision was made due to a cost
analysis being completed. He mentioned if it was a requirement it would be an additional
financial burden to Council.
Council Member Amero pointed out policy 1.7.4 of the Comp Plan called for the CRS ISO
program and without Council voting to cut the program it was not right and reiterated staff
could not make that decision.
Mayor Humpage stated according to his conversations with FEMA it was an average savings
of $23 on the average house. Council Member Paterno stated he believed it was 15% from
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Page 7
class 10 to class 7 based on the amount insured. He mentioned he received a second bill this
year for 15% of the premium.
Mayor Humpage agreed Council needed to move forward and that maybe the decision that
was made might not have been the right decision, however Council should move ahead.
Vice-Mayor Watkins mentioned this presented a large impact for small municipalities and
Council needed to discuss further in depth. She clarified the record keeping in Community
Development was not the best when Ms. Harding took over.
Council Member Amero reiterated that decisions of this nature should not be made at the
staff level. Mr. Couzzo, Village Manager clarified a decision was not made to opt out of the
program; however his decision was to remain in the program. Council Member Paterno
questioned why it took until this week to bring to Council. Mr. Couzzo stated he would
provide a thorough report on the subject matter and that there was some confusion on when
the filing dates were; he spoke with FEMA on numerous occasions and FEMA agreed they
missed dates and had inaccurately reflected dates to the Village; however at no time did he
make a decision to opt out of the program.
• Mr. Russell Von Frank, 489 Dover Road, commented on expenses and taxes and
suggested the Code Enforcement and Inspector vehicles be downsized due to the cost
of current gas prices. He suggested these two vehicles could be replaced with a
motorcycle or a golf cart as an alternative means of transportation.
VIII. Communications from Council
Vice-Mayor Watkins stated she attended the 100t" birthday party for Charlotte Matheson on
behalf of Council at the Carriage House and the family was pleased to have the Village
represented.
Council Member Turnquest asked that since the Village declared May National Physical
Fitness and Sports Month, he asked that the next agenda have the Village of Tequesta
recognized Nationally as a bicyclist friendly community.
IX. New Business
12a. Resolution 48-06/07 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, ratifying the CWA Union one-year
contract for FY 2006/2007 and to recommence negotiations immediately for a.
period of time to be determined
Mayor Humpage read the Resolution into the record.
MOTION: Council Member Amero moved to approve Resolution 48-06/07. Vice Mayor
Watkins seconded the motion.
Minutes -Village Council Regular Meeting 5/10/07
Page 8
Council Member Paterno thought the Village was doing a good thing by making the
CWA contract a one year contract. He stated he looked at it, thought about it, and
called the U.S. Department of Labor. He read the prior contracts, and it stated the
renewal date the Village traditionally used for the CPI was October Ist. He pointed
out the CPI for that time period in September 2006 was actually 2.0%. He asked
staff how they came up with a CPI of 4.4%.
Mayor Humpage asked Council Member Paterno to explain. Council Member
Paterno referred to the U.S. Department of Labor Bureau of Labor Statistics Data,
which listed the Consumer Price Index, and pointed out the CPI under September
2006. He asked if Village Manager Couzzo or Human Resources Manager Merlene
Reid could explain how they came up with the number. Ms. Reid stated she came to
the Village in June 2006, and at that time the COLA had already been looked at. She
stated Mr. Couzzo indicated the Village traditionally used the May CPI of each year;
and when she spoke to Mr. Daniel Gallagher, former Risk Manager, he told her
where to find the information. She pointed out in May 2006, it was 4.4%, which she
confirmed with Mr. Couzzo.
Mr. Couzzo explained the traditional use of May was for planning purposes; the
contract reflected a CPI within the 12 month period prior. He specified the Village
had historically used the Month of May so they could accurately project a CPI for the
future budget. He pointed out in this particular case, if they used September
versus May, September might have been low in previous years, or the opposite.
Council Member Paterno read:
"All Urban Consumers Southern region as published by the US Bureau of
Labor Statistics, when preceding 12 months subject to a maximum increase
of 4%. "
Council Member Paterno specified he was asking why this was not followed. Ms.
Reid indicated she researched it, and Mr. Richard Poulette, from the Communication
Workers of America (CWA), was there to discuss it. She explained Mr. Couzzo
indicated to her that during negotiations they determined the September CPI would
not have given the Village much time to prepare the budget which began
approximately in May. Council Member Paterno asked if Mr. Couzzo made the
policy decision for Council. Ms. Reid stated the contract did not stipulate a month.
she pointed out it said preceding September. Council Member Paterno asked if he
should read where they deleted.Ms. Reid asked Council Member Paterno to read it,
because she only had the new contract. Council Member Paterno passed it to
Ms. Reid. She read:
" Unit members shall receive a cost of living salary increase equal to any
increase in the CPl, All Urban Consumers, South Region as published by the
U.S. Bureau of Labor Statistics, for the preceding 12 months subject to a
maximum increase offour percent. "
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Page 9
Council Member Paterno specified the increase was given October 1, 2006. Ms.
Reid stated yes. He stated the 12 months preceding meant September. He stated he
wanted to know why it was not 2%. Mayor Humpage asked if it was an average of
the months. Council Member Paterno stated no, and explained it was based on the
12 months before the contract. He referred to the handout; it gave annually from
September to September. He stated the September CPI was supposed to be used, and
it was not.
Vice Mayor Watkins asked if they were supposed to pick a month with in the
preceding 12 months. Village Manager stated that was correct. Ms. Reid stated that
was how the Village interpreted the language. Council Member Paterno asked what
the Union got in 2005. Ms. Reid stated every one got 3%, except the
Communication Workers of America (CWA), who got 3.18%. Council Member
Paterno stated if they looked at September they should have 12 months from the
date employees got their raise. He pointed out the year before they got 3%, when
they were supposed to get 2.9% if they looked at it in May.
Ms. Reid explained it was possible the CPI depended on when the budget was being
prepared. She knew the budget was prepared in May 2006. She suggested the
Village choose the same month every year, and use it every year. She assumed if
they did the budget in May, they chose May, if the budget was done in June, then
they chose the June CPI within the preceding 12 month period.
Council Member Paterno stated it was not the same number, and it was done
incorrectly. He felt it was supposed to be done the preceding 12 months from
September. He stated it was not open to interpretation. He pointed out any agreement
between Village Manager Couzzo, Staff and the Union, was supposed to be brought
before Council, because it was a policy decision. Village Manager Couzzo stated
they do that.
Village Manager Couzzo stated it was not to change the period. He pointed out they
had to choose a month before the development of the budget, or they would have
had to wait until September to determine the CPI; this would have prevented them
from affecting change in the budget. He pointed out the budget would not have been
accurate. He stated it was decided historically that a date would be picked during the
planning process. He mentioned they could pick any particular month. He pointed
out from May to May, the CPI would fluctuate. He indicated sometimes it would be
a better case scenario for the Village or the Union. He stated if they picked
September, they would not have had accurate information for the October 1St budget.
Council Member Paterno stated they would be using the incorrect numbers in the
preceding two years. Village Manager Couzzo stated he did not know why, because
he did not get that information. Mayor Humpage stated in one year, for example in
2004, they were off by 1/10th of a percent. Council Member Paterno explained it
should have been done in October according to the Union contract, because it was a
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Page 10
legal document; it could not be changed by anyone, but the Council. He emphasized
that was what the contract stated, and it had been changed. He pointed out in
addition, it was done incorrectly. He stated this was an indication that there were
changes being made, without notifying Council just like with the FEMA CRS.
Council Member Paterno expressed that was his opinion, and he was allowed to
bring it to the table. Mayor Humpage stated traditionally it had been the month of
May since. Village Manager Couzzo stated Council has been aware of this. He
stated a month had to be selected, and if they wanted to be that specific in a
contract, they had to state a specific month.
Council Member Amero stated Council Member Paterno had merit. He suggested
they ought to look into it, because numbers did not lie. He stated it seemed as if
mistakes could have been made; however the deal was already made. He did not
think they could go back and change it. He stated he was voting for the contract even
though he was not 100% comfortable with it; but he would honor what was put
forth, and thought they should go forward with the increase stated.
Council Member Watkins agreed. She stated they used the 4.4%. She understood
based on the language provided to Ms. Reid, they were supposed to pick a month in
the preceding 12 months not necessarily in October. She felt this might be a legal
issue. She stated the CPI would be 4.4% for this time period. She felt they could go
forward.
Attorney Hawkins pointed out the contract language gave the reader the ability to
give any increase and not tied to any particular month such as May or September.
Mayor Humpage stated they should move forward with the contract. Council
Member Amero agreed, but he thought the contract had a specific date that
Council Member Paterno pointed out and understood what Council Member Paterno
was saying. Attorney Hawkins stated he looked at the language passed to him and it
did not specify a month.
Council Member Amero suggested they be more specific with any future
negotiations and CPI numbers; and felt Council should be involved from the
beginning. Council Member Paterno stated it was not that he was against the
contract, but he wanted to bring out the facts. He stated he had to point these out in a
public setting due to the Sunshine Laws.
Council Member Turnquest agreed that there was merit in what Council Member
Paterno was saying. He stated they should use a specific month from which the CPI
numbers would be determined, because if they left it open to interpretation, that
meant any month prior to October could be used. He commented that was too broad,
and it had to be discussed for future reference.
Mr. Russell von Frank stated he had a question and Mayor Humpage read the
comment card presented by Mr. von Frank, "Does this increase include a medical
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Page 11
increase in premium?" Mayor Humpage stated it had nothing to do with medical
insurance. Mr. von Frank asked if the 9% included medical expenses, which was part
of the Village's expense. Mayor Humpage explained all Village employees received
the same medical insurance, and that was not included in the increase that was
currently being discussed.
Mr. von Frank asked what the total cost of the increase was. Ms. Reid stated she had
been advised by Finance Director Jo-Ann Forsythe that it would be approximately
$100,000. She explained it came down from $106,000, from last October. Ms. Reid
pointed out there were employees who were not eligible for the amount previous
employees would have received had they not left. Mayor Humpage specified this
amount was in the 06/07 budget.
Ms. Geraldine Genco stated she looked at the agenda, and pulled the old union
contract and noticed Article 9 wages. She read:
"Effective October 1, 2003 unit members shall receive 1 to 11/2% cast of
living salary increase in addition to any increase unit members shall receive
a cost of living salary increase equal to any Consumer Price Index, CPI, all
urban consumers south region published by the US bureau of Labor Statistics
for the preceding 12 months subject to a maximum increase of 4%. "
Ms. Genco pointed out it was done October 1, for all the prior years, and the only
thing adjusted on a CPI index for prior years in May, was the Water Department.
Ms. Genco stated the effect of the 9% was actually 11 % when they included
Medicare, Social Security, and other benefits. Mayor Humpage thanked Ms. Genco
for her comment.
Council Member Paterno asked how they would handle the employees who were
waiting for the PERC determination. Ms. Reid stated they had seven employees in
six positions, of which two employees were Administrative Assistants. She stated
they would give them the 7.5% increase that Council approved for the non-
unionized positions as of October 1, 2006. She explained they should get the
determination within another 60 days; and if it was determined that these positions
were in the bargaining unit, they would receive the 1.5% retroactive to October 1st,
given they were eligible.
Motion passed S-0
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Page 12
12b. Resolution 44-06/07 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, revising Personnel Policies 2.1, 2.2, 2.7,
3.4 and 5.6; to comply with applicable Federal, State and County laws.
Ms. Reid explained the Village had unintentionally not been in compliance. She
stated this had been brought to her attention by the Human Rights Council. She
commented not one of the municipalities in Palm Beach County were in complete
compliance. She recommended changing the Harassment Discrimination and
Retaliation Policy to the Illegal Discrimination and Retaliation and Hiring Process.
She stated the Human Rights Council indicated the Village was not in compliance
with the Palm Beach County Code of Ordinances Section 2-262 and stated they
wanted the Village to specifically notate they would not discriminate based on race,
religion color, national origin, gender, gender identity or expression, political
affiliation, veteran status, marital status, pregnancy, familial status, accessory, sexual
orientation, age or disability or any other discriminatory factor prohibited by law. She
stated they took that, worked with all the laws to ensure they were in compliance.
She pointed out the US Code Title 42 Section E38 reference to Military Leave had
been changed and the Village was now in compliance. She indicated the Village
Attorney had reviewed and approved it.
Ms. Geraldine Genco stated she looked at the personnel manual and noticed there
were several policies that were adopted in January of 2005 such as the Whistle
Blowers Policy, Harassment, Personal Leave, and Travel Expenses, that were not
approved by Council. She questioned how policies could be adopted without Council
approval especially when it had to do with employee benefits. Council member
Amero asked if a Resolution as necessary.
Ms. Genco stated she was sure Attorney Hawkins would know what had to be done
for approval but she did not think they could adopt policy by writing it in a book
when employees were receiving benefits because it had a cost to the Village. Council
Member Amero stated there had to be a paper trail for any policy changes. He stated
there had to be a Resolution approved by Council and stated Attorney Hawkins could
look into that. Ms. Genco stated there were none, and she looked at the latest policies
and she knew that the through her tenure she never passed any of the policies.
Council Member Amero asked if any policies updated, added, or deleted had to go
through the process. Attorney Hawkins explained the process described by Ms. Reid
was occurring throughout the County. He stated as Palm Beach County alters or
modifies policies to address the sexual orientation feature and other factors and local
government had to take these steps to ensure they were in compliance.
Council Member Paterno referred to the Policy 3.4 in relation to discrimination, page
4. He explained it had to do with the allegation of illegal discrimination and or
retaliation against the Village Manager. He pointed out they voted that employees
could go directly to the Mayor and would not have to go to any other employee, but
now it was changed to the Human Resources Manager, who then goes to the Mayor.
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Page 13
Council Member Paterno recalled there were some issues about a year ago which
made them vote that employees should go directly to the Mayor. He asked if they
wanted to leave it as previously voted on. Mayor Humpage pointed out they did not
have a Human Resources Manager at the time and this was why they chose to have
employees go to the Mayor.
Mayor Humpage explained they did not have a full time Human Resources Manager
and so they handed him, as the Mayor at the time, the baton. Council Member
Paterno stated that was right. Vice Mayor Watkins explained she understood that if a
Council Member did not believe they were getting adequate response from the
Village Manager, they should go to the Mayor directly.
Mayor Humpage stated that was in regards to Council. Council Member Paterno
stated that was another subject. He specified this had to do with employees. Council
Member Paterno commented he was not against it, but he wanted to know what
Council wanted to do with the old policy. Mayor Humpage stated he did not have a
Human Resources Manager before, and employees should follow the chain of
command. He explained if they were not satisfied with Human Resources, then the
employee could go to the Mayor.
Council Member Paterno pointed out the Village Manager was the Council's
subordinate. He did not think it was fair to put pressure on the Human Resources
Manager because the Village Manager was the supervisor. Mayor Humpage asked if
they would go directly to the Mayor if it had to do with the Village Manager. Council
Member Paterno stated yes. He recalled at the time that was the problem they were
facing. Council Member Watkins stated she did not recall that; but if they had a
Human Resources Manager that would seem like the correct step.
Ms. Reid explained there were certain procedures for something of that nature. She
explained there would have to be guidance in filling out the form. She emphasized
the Village Manager would not be involved in that process. She specified if it went to
her, she would not have a discussion with Village Manager Couzzo, and it would go
directly to the Mayor. She stated she would definitely have to send it to the Mayor.
Council Member Turnquest asked if Mr. Couzzo was her direct supervisor, and a
complaint came to her that could not be resolved, why would she bypass Mr. Couzzo,
and go straight to the Mayor. Ms. Reid- stated if the accusation was against Mr.
Couzzo, then she would have to go straight to the Mayor. She stated she would be the
conduit. Attorney Hawkins stated the legal person in the mix was the Mayor. He
specified this was decided four years ago.
Ms. Reid stated it was sent to the labor attorneys at Carson &Atkins, who
recommended this, but had she known the previous policy, she would have told them
to let that policy remain the same. She stated if it needed to be changed back, then
she would just advise staff how they can get the form, so they do not need to go
straight to the Human Resources Manager prior to the Mayor.
Minutes -Village Council Regular Meeting 5/10/07
Page 14
Council Member Turnquest commented he understood Council Member Paterno's
point. He pointed out if Mr. Couzzo was her direct supervisor, what would prevent
Mr. Couzzo from putting pressure on her not to take it to the Mayor. Ms. Reid stated
the Human Resources Manager was the best person to handle these issues and to
ensure procedures were followed properly. She stated if it did not go through Human
Resources, she preferred it went straight to the Mayor.
Mayor Humpage asked what everyone was comfortable with. Council Member
Turnquest stated he would like to leave it as presented by Ms. Reid now that it had
been explained. Council Member Amero stated he would agree with the majority.
Council Member Paterno pointed out since he had been with the Village, he had
never seen any of the policies. He stated he e-mailed Ms. Reid and received a copy of
the changes that were made. He stated he had all the minutes in Microsoft Word. He
stated he searched through policy changes in manuals; since 2004 he found nothing
in the minutes that any of the policies were approved and he went back through all
the minutes back to 2003.
Council Member Paterno asked that it be looked into, to see how these policies were
changed. He stated there was one in reference to personal days which stated 3
additional days of personal leave per calendar year are provided to exempt employees
who were not eligible to earn overtime or compensatory time. He stated that had to
do with wages, which was concerning to him and he wanted that to be looked in to.
MOTION: Vice Mayor Watkins moved to approve Resolution 44-06/07; Council
Member Paterno seconded the motion; Motion passed 5-0.
13. Council discussion on the Cable Franchise Agreement that terminates in
March 2008.
Attorney Hawkins indicated Council Member Amero asked this be placed on the
next meeting agenda for discussion. He stated legal Counsel was not directed to
undertake any particular action in this regard. Council Member Amero referred to a
letter from the Mayor of Town of Palm Beach, Jack McDonald, dated February 21,
2007 opposing the House Bill 529. He stated it bulleted four different items. He
explained the Town of Palm Beach asked the Village to join efforts in opposing the
Bill because it would prohibit local government from negotiating terms and
conditions with cable and video service providers wishing to do business within
their jurisdiction. He stated it would eliminate the ability of the municipalities to
award cable service franchises and eliminates all municipality requirements for the
provision for their franchises prior to special provision. He stated it would require all
consumer service complaints to be directed to the Florida Department of Agriculture
and Consumer Services, thereby eliminating the mobility of citizens from seeking to
remedy their complaints through their local government.
Minutes -Village Council Regular Meeting 5/10/07
Page 15
Council Member Amero suggested Council join in the efforts of the Town of Palm
Beach and take action as many municipalities have done. He stated Palm Beach passed
Resolution 10-07, which was given to Council. He pointed out the Village's
Ordinance expires next year. He felt Council should take action by passing a
Resolution or in some other appropriate way but should not sit and let it pass by.
Mayor Humpage agreed and noted North Palm Beach, Palm Springs, Lake Park,
Manalapan, Delray Beach, and Palm Beach Gardens were also in opposition of House
Bill 529. He felt concurred Council should join in the endeavor and follow the lead by
passing a Resolution.
Council Member Amero mentioned time was of the essence and that they should be
voting on the Resolution quickly. Attorney Hawkins pointed out it the Bill might have
already been concluded. Council Member Paterno thought they had already voted on
this issue, but he was not sure. Attorney Hawkins suggested Council direct staff to
investigate the status of the Bill.
Council Member Amero commented it bothered him that Council all received a copy
of the information and felt this was important. He stated this Resolution enabled the
companies to increase the price of cable television without the input from Council. He
stated they could not drag their feet when they received letters of this nature in the
mail.
Mayor Humpage asked Village Clerk to look into the status of the Bill, and if they
could still take action on it, to place it on the meeting agenda.
Consensus of Council Agreed to give Staff direction to research the status of
House Bill 529, and if possible, place a discussion and possible action regarding
House Bi11529 on the June Regular Meeting Agenda.
14. Council discussion to establish a Charter Review Committee.
Attorney Hawkins explained at 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.
Minutes -Village Council Regular Meeting 5/10/07
Page 16
Attorney Hawkins stated he could answer any questions Council had, but it was a
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 four 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 might 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 were
getting complete and accurate information at any and all times. He stated it was not
Minutes -Village Council Regular Meeting 5/10/07
Page 17
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 for
Council to go through the Village Manager first, before they could go to the Town
Attorney 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 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 call 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 e-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.
Minutes -Village Council Regular Meeting 5/10/07
Page 18
Council Member Paterno asked if this was the second one, where was the first 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 e-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
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
Minutes -Village Council Regular Meeting 5/10/07
Page 19
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 e-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 e-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.
Council Member Turnquest observed the topic they were discussing directly
affected the Village Manager. He pointed out, by Village Manager Couzzo speaking
Minutes -Village Council Regular Meeting 5/10/07
Page 20
to the Attorney Halversen, and then with the Ms. Halversen 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.
MOTION: Council Member Paterno moved to create a Charter Review Committee;
Council Member Amero seconded the motion for discussion.
Minutes -Village Council Regular Meeting 5/10/07
Page 21
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. 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 was 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.
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
Minutes -Village Council Regular Meeting 5/10/07
Page 22
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.
Attorney Hawkins 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 Council 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
McWilliams stated Council should have a consensus for the record.
Consensus of Council agreed 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
due to work committments. Council Member Amero asked if it was in the middle of
the day. She stated it was 10:30 in the morning followed by lunch. Mayor Humpage
stated his agency, Palm Beach County 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 Assistant Debbie Telfrin when the
next meeting was. She explained whenever she could not attend, the Village Clerk
would send the rest of the Council notice that she could not attend, and asked if
anyone of them wanted to attend in her place.
Council Member Turnquest asked how often they met. Vice Mayor Watkins stated
once a month, and specified it was the last Wednesday of the month at 10:30 a.m.
She stated they had a business meeting, and then attendees stayed for lunch; she
never stayed for the lunch. She stated they move to different municipalities in Palm
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Page 23
Beach County. Council Member Turnquest suggested she be the current
representative, and he would be the alternate representative for Palm Beach County
League of Cities. Council Member Watkins stated she did not have a problem with
that, but she felt obligated to tell them when she could not make the meetings.
Council Member Turnquest confirmed he would be the current alternate for Palm
Beach County League of Cities.
Council Member Paterno mentioned the Palm Beach Countywide Coastal Council.
Mayor Humpage asked Community Development Director Catherine Harding how
often the Loxahatchee River Management Coordinating Council met. Ms. Harding
stated every quarter. Mayor Humpage stated they would leave Ms. Harding as the
current representative of the Loxahatchee River Management Coordinating Council.
Mayor Humpage mentioned the Palm Beach County Intergovernment Coordination
Program. He asked Council Member Paterno if he heard from them. He stated he has
not heard from them in the last three months.
Mayor Humpage stated they would leave it the same and if he could not go, then
Council Member Paterno could attend. Council Member Amero accepted the
alternate position for the Northern Palm Beaches Cultural Alliance.
Village Clerk McWilliams asked if Mr. John Holton, who was the current
representative of Palm Beach County wide Coastal Council should remain as the
current representative and Mayor Humpage stated yes and explained Mr. Holton was
responsible for this area.
Council Member Amero asked if it was previously called the Palm Beach County
Beaches and Shores Committee. Village Clerk McWilliams was not sure, but it was
the same name on last year's list. Vice Mayor Watkins asked about Ms. Susan
Kennedy. Mayor Humpage commented he did not know who she was. Ms.
McWilliams specified she was an alternate on the Loxahatchee River Management
Coordinating Council; she stated someone put her there last year. Vice Mayor
Watkins suggested they contact her to see if she wanted to continue her service. She
mentioned Mary Hutchins expressed interest in filling the position if it was vacant.
Ms. Genco mentioned Ms. Susan Kennedy would still be willing to be the current
alternate.
Vice Mayor Watkins suggested they contact Ms. Kennedy to let her know about her
designation to current alternate of the Loxahatchee River Management Coordinating
Council. She asked Ms. Genco if she would provide Village Clerk McWilliams with
Ms. Kennedy's contact information.
Minutes -Village Council Regular Meeting 5/10/07
Page 24
17. Council discussion and possible action regarding Council contribution of $2,000
to the Cancer Alliance of Help and Hope, Inc. to help purchase computer and
related equipment.
Council Member Paterno stated the gentleman e-mailed and asked him if that was
what they had said as far as the policy, and asked the Village to make a donation.
Mayor Humpage mentioned they had sent an e-mailed letter; and asked Village Clerk
McWilliams if they were based in Tequesta.
Council Member Turnquest stated yes, he was familiar with this organization. He
explained the creators of the organization were Charley and Jane Fisher. He stated
the Cancer Alliance of Help and Hope, Inc provided financial help to anyone going
through chemotherapy, who could not afford to pay bills such as utilities, groceries,
or car payments. He stated 100% of the contributions went toward the organization,
and they did not take salary from the donations. He stated they were associated with
the National Cancer Society and Jupiter Medical Center. He pointed out they were
willing to help anyone in need; they have helped many people across Palm Beach
County in their day to day needs. He stated as he said before, 100% went towards
the people in need. He was willing to approve this contribution.
Village Clerk McWilliams stated according to their letter, they recently signed a
lease in the Tequesta Commerce Center, and the organization was founded in
Tequesta. She stated their Post Office Box mailing address was in Tequesta, and they
service many patients in the local area. Vice Mayor Watkins stated she had met Ms.
Fisher, and commented they did a marvelous job helping people with a critical need.
She pointed out they were already under a lot of stress because of health reasons. She
stated she was willing to approve as well.
MOTION: Vice Mayor Watkins moved to approve Council contribution of $2000 to the
Cancer Alliance of Help and Hope, Inc. to help purchase computer and
related equipment. Council Member Amero seconded the motion; motion
passed S-0.
Attorney Hawkins stated as a Council they needed to approve what the Local Planning
Agency item. He stated it was a statutory requirement in order to transmit to the
Department of Community Affairs. He asked if he could add Resolution 47-06/07 to the
agenda for Community Development and Mayor Humpage concurred.
17a. Resolution 47-06/07 - A Resolution of the Village Council of the Village of
Tequesta, Palm Beach County, Florida, adopting the Evaluation and Appraisal
Report for the Comprehensive Plan of the Village of Tequesta; stating the intent of
the Village Council to amend the Comprehensive Plan based upon
recommendations contained in the report; and approving transmittal of the report
to the Department of Community Affairs in accordance with Section 163.3191,
Florida Statutes; and providing for an effective date.
Minutes -Village Council Regular Meeting 5/10/07
Page 25
Attorney Hawkins read the Resolution into the record.
MOTION: Vice Mayor Watkins moved to approve Resolution 47-06/07 for transmittal to
the Department of Community Affairs; Council Member Amero seconded the
motion; motion passed 5-0.
18. Ordinance 612-06/07, Second Reading - An Ordinance of the Village Council of
the Village of Tequesta, Palm Beach County, Florida, amending Ordinance 611-
06/07 to correct a Scrivener's Error; providing for repeal of Ordinances in
conflict; providing for severability; providing for Codification; providing an
effective date.
Attorney Hawkins read the Ordinance into the record.
Mayor Humpage recalled there was an error in the parcel number of the American
Legion in Ordinance 611-06/07 regarding the Annexation, which was being corrected
in Ordinance 612-06/07.
MOTION: Vice Mayor Watkins moved to approve Ordinance 612-06/07; Council
Member Amero seconded the motion; motion passed S-0.
X. Any Other Matters
Tequesta Bridge
Council Member Amero asked about the February 15, 2007 letter from the
Department of Transportation. He mentioned it was about Palm Beach County not
wanting to take the bridge. He stated there were significant bridge insufficiencies
which needed to be repaired. He pointed out it was a safety hazard, and they needed
to look into how the repairs would be made, how they would be paid for, and when
they would start the repairs. He emphasized if they looked at the report, there were a
number of important areas, and the Village had to do something sooner than later. He
suggested Village Manager Couzzo get with staff to establish options for Council.
Workshops
Council Member Amero stated Council would get with Village Clerk McWilliams
about workshops regarding the Charter Review and the EAR.
Water Surcharges
Council Member Amero suggested the water surcharges which Ms. Genco pointed
out needed to be looked into it. Vice Mayor Watkins pointed out it was the Village's
Ordinance. Council Member Amero stated he knew that, but he hated to pass that on,
at a time like this.
Attorney Hawkins stated based on having litigated this issue before, it was not an
issue of wanting to make more money, but to ensure that the Village had the ability
to finance its debt.
Minutes -Village Council Regular Meeting 5/10/07
Page 26
Policy Changes
Council Member Amero pointed out there was the issue of who would make policy
changes. He stated he would have a real problem with personnel policy being
changed without a Resolution because setting policy was Council's job. He
mentioned the CRS in regards to FEMA and pointed out Council had to know about
issues like this. He emphasized it was a decision that needed to be made by Council,
and not by the Village Manager, or a Department Head. He stated no one should have
the ability to make these changes without the blessing of Council. He stated if this
continued, then there definitely would be a problem. He wanted to ensure they were
all on the same page. He commented he wanted to know what was going on, and did
not want to be the last to find out.
Jupiter Hills
Council Member Paterno mentioned the Jupiter Hills Water Service contract and
asked if they were cancelling the contract and if they would put it in writing. Village
Manager Couzzo stated they were waiting for a letter from Jupiter Hills.
Sanitation Contract
Council Member Paterno asked if they had any more information about the sanitation
contract. He stated there were a larger number of customers than budgeted, and
Nichols Sanitation wanted the Village to pay more. Village Manager Couzzo
believed that was resolved by Finance. Council Member Paterno asked if they were
short in the budget and Village Manager responded no.
Council Checks
Council Member Paterno asked if staff came drafted a policy regarding Council
checks. He commented not that he needed $250, but it had been seven months since
they received their checks. Village Manager explained it was a decision of the IRS,
and it was interpreted by the Village Attorney who spoke to the Tax Specialist.
Council Member Paterno asked about health benefits for Council Members since
they were considered employees. Village Manager Couzzo stated Council Members
were not considered employees. Council Member Paterno stated if taxes were
subtracted from their checks and they were payrolled then they were considered
employees. Village Attorney Hawkins advised Council Member Paterno they were
considered employees for tax purposes only.
Village Attorney Hawkins explained Mr. Kennedy researched the issue and stated the
service had a designed provision to define Council Members as employees for tax
purposes. When he asked Mr. Kennedy if this would require the Village to fund a
health benefits program to Council Members as employees like other Village
positions Mr. Kennedy stated no.
Minutes -Village Council Regular Meeting 5/10/07
Page 27
FRS
Council Member Paterno mentioned the FRS, and asked if the Village sent the
money owed to them. Village Manager Couzzo stated it was discussed by the
Pension Board this week.
Mutual Aide Agreements
Council Member Paterno pointed out there was one thing he wanted to bring to
Council's attention. He stated he was looking at some statistics when they received
their six month report regarding the Mutual Aide Agreements, and he came up with
some figures. He pointed out in the last six months there were 421 calls that Tequesta
responded to; and there were 43 mutual aide received from Palm Beach which should
have been Tequesta's; therefore, there would have been 464 calls from Tequesta in
the last six months. He stated since they entered the Mutual Aid Agreement, they
responded to 141 calls; he pointed out if they divided 141 by 464 that would be a
30% increase in six months, if they did not have to do mutual aid for the last six
months.
He stated on a yearly basis, Tequesta responded to 829 calls, and received mutual aid
for 77 calls from another town, which would be a total of 906 calls. He added the
Village responded to 254 calls in mutual aid. He pointed out if they divided 254 by
906, that would be an increase on Tequesta's run by 28% for the year. He
commented that was remarkable. Council Member Paterno pointed out they did a
total of 98 combined runs which included 66 for the month of March. He stated they
gave out 32 mutual aid runs. He noted that meant they gave 48.4% more runs
because of the mutual aide and was concerned from a financial point of view. He
stated it was good experience for the Fire Rescue Department, but the financial
impact on the Village was his concern. He stated the residents were paying the tab
and thought they were being short changed.
Fire Chief Weinand stated he did not know what the impact would be at the time of
the Mutual Aide Agreement and specified before the Mutual Aide Agreement, Palm
Beach County charged the Village $3,000 per fire truck per hour, $7,500 for an aerial
if it was needed, in addition to $4,500, and $7,500 for other things that were needed;
all those fees went away when they entered into the agreement. He stated this
agreement was for approval by the Palm Beach County Level of Service Committee
which stated the Village adopts the agreement in voluntary compliance by October
2007 to be within the standard. He explained the standard stated they had to have 11
people on duty, or they had to have a Mutual Aide Agreement; therefore they have
the Mutual Aide Agreement.
Council Member Paterno did not have a problem with the mutual aid in terms of back
up, but it seemed they were doing all the calls for this side of the river. He
commented that was alarming to him. Chief Weinand stated if they looked at the
number it seemed high. He pointed out 48 of those calls were cancelled on route,
which meant they did not leave the area. He .specified 122 of those were medical calls
which brought in revenue. He stated it might not be enough to cover the entire
Minutes -Village Council Regular Meeting 5/10/07
Page 28
operation, but at least the Village got something back. Council Member Paterno
stated it was $369 per route and stated it cost $2 million to run the Fire Department.
Chief Weinand stated he was not debating that. Council Member Paterno stated that
was for the new residents who did not know that. He stated they were paying taxes to
Palm Beach County, and they should be getting something back. He commented
Palm Beach County coerced them into an agreement to do their job, and the Village
was not getting anything back. Chief Weinand pointed out in July 2008, the lease
would be up, and if they closed the station there would be an opportunity to speak up.
Policy Workshop
Council Member Paterno wanted to make sure they had a policy workshop. Mayor
Humpage stated they had that down already. Council Member Paterno stated they
did not set a date yet. Mayor Humpage asked if there was anything else. Council
Member Paterno stated no, and thanked the public for listening.
XI. Adjournment
MOTION: Vice Mayor Watkins moved to adjourn the meeting; Council Member Amero
seconded the motion; motion passed 5-0.
Therefore, the meeting was adjourned
Respectfully submitted, ~ i ~~° ~: ~~s,~
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Lori McWilliams, CMC ~~~~FiPORATED:
Village Clerk ''~~,',°~b~~ a ~9~.~ •~O`~,,`
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