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HomeMy WebLinkAboutMinutes_Regular_04/12/2007MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, APRIL 12, 2007 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 7:08 p.m. A roll call was taken by Village Clerk Lori McWilliams. 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 Paterno III. APPROVAL OF AGENDA MOTION: Vice Mayor Watkins moved to approve the Agenda. Council Member Paterno seconded the motion. Council Member Amero removed Items 6 for a change, and Item 10 for discussion, from the Consent Agenda; and added an item under Any Other Matters. Vice Mayor Watkins added two items under Any Other Items. Mayor Humpage added an item under Any Other Matters. Motion passed S-0. IV. STANDING REPORTS Village Attorney Attorney Hawkins reported he had been in consultation with the Counsel of Mr. Paseo, of Cornerstone. He specified he provided him with the beautification items that were discussed back in January. He indicated his staff informed him, the Preserve was ahead of schedule in terms of completing the beautification items. Mayor Humpage commented it looked a lot better. Village Manger Mr. Couzzo, Village Manager, reported the project on South Cypress Drive, which included the drainage, lighting, irrigation, and water lines, was ahead of schedule. He • indicated the Village has been fortunate that there have been no delays. He stated they anticipate the road would be paved next week, and the medians constructed. Minutes -Village Council Regular Meeting 4/12/07 Page 2 V. PROCLAMATIONS AND PRESENTATIONS 1. Proclamation declaring the month of April 2007 as "Water Conservation Month" in the Village of Tequesta. Mayor Humpage read the Proclamation into the record, proclaiming the Month of Apri12007 "Water Conservation Month." 2. Presentation regarding the welcoming event for Mrs. Cato and her visit to the 707 (Cato) Bridge Mr. Jud Laird, Chairman of the Palm Beach County Historic Resources Review Board, recalled he lived in Tequesta for 16 years when his children were growing up. He expressed he felt like he was returning home. He explained members of the Palm Beach County Historic Resources Review Board were appointed by Palm Beach County Board of Commissioners; and were given the task of recommending anything within the County that was historical. He specified the Historic Resources Review Board also recognized people, events, and organizations that did extraordinary things to show case, or honor history. Mr. Laird stated a few years ago Palm Beach County Commissioners wanted to put a plaque on the Bridge going to the beach. He explained the bridge used to be a swing bridge, which was called the Cato Bridge. He stated Shirley Cato, her father, and her brothers lived very close to the bridge; so close that when they stepped out of their house, they were right by the bridge. He stated Ms. Cato never saw the plaque, and contacted him, asking if he could take her to the bridge to see it. Mr. Laird stated he contacted Police Captain DJ Ricciardi at the Village of Tequesta to see if they could arrange for her to see the plaque on the 707 (Cato) Bridge. He stated Captain Ricciardi assured him this could be arranged. He explained on the morning he was supposed to take Ms. Cato to see the plaque at 10:15 a.m., he stopped by the Village of Tequesta to fill out some papers. He stated at first Ms. Cato wanted to wait for him in the car. He recalled suggesting she go inside with him. He explained when they went inside, Captain Ricciardi walked over to Ms. Cato, and took her into the room with the Mayor, the Media, and the Loxahatchee River Historical Society, who all wanted to meet her. Mr. Laird recalled Ms. Cato was escorted by the police directly to the bridge, where the barriers were down, and Mayor Humpage took her to the plaque. He stated she was blown away by the wonderful thing Village of Tequesta did. He expressed it was amusing to him, because people were looking asking who this important person was. Mr. Laird presented a certificate of appreciation from the Palm Beach County Historic Resources Review Board to Mayor Humpage, Captain Ricciardi, and the 2 Minutes -Village Council Regular Meeting 4/12/07 Page 3 Village of Tequesta for their spirited help in working with the Loxahatchee Historical Society in the occasion of the visit of Ms. Shirley Cato. 3. Presentation by the Jupiter Courier regarding the Villages 50th Anniversary Mr. Brightman Brock, the Managing Editor of the Jupiter Courier, stated he was promoting YourHub.com. He explained this was where people could post their own stories, and pictures. He pointed out this was important, because the Village of Tequesta was about to have their 50th Anniversary, and people could post old sayings, stories, poems, or photos. He stated they wanted to add to the Village of Tequesta's 50th Anniversary celebration, and wanted to be involved. Ms. Kit Bradshaw gave instructions on how to access YourHub.com. She pointed out those interested in posting anything to the website, should first go to YourHub.com, click on Florida, then choose Tequesta. She pointed out there would be a place which asked if they wanted to post. She instructed click yes. She noted anyone who had archives, could carry it to the Jupiter Courier, they would scan it for them, and post it to the website. Ms. Bradshaw specified they wanted recipes, memories of people who were no longer with us, and pictures or memories of children growing up in Tequesta. She • stated they wanted to build two pages full of stories, pictures, and history. She indicated they were gathering these between now and Mid-May so they could gather it in time for the 50th Anniversary celebration in June. She announced her direct phone number was 561-745-3316. She hoped Village Residents participated, because it was their history, and they wanted others to know about it. 4. Presentation on "Cool Cities" -Communities Working Together to Address Global Warming Issues Ms. Lucille Lanpher, Sierra Club Member, thanked Joe Baker, the Village Council, and Mayor Humpage for inviting the Sierra Club to speak at the meeting. She stated she was there because she cared about tomorrow, and the world they would leave tomorrow. She explained that was why she got involved in the Sierra Club. She thought nothing was a bigger threat to the western world, and the quality of life, than the combination of planet change, species lost, and Islamic radicalism, which were all fueled by energy addiction. She felt no solution was possible without concerted Government action. Ms. Lanpher stated they should reduce emissions, inspire green innovation, and change oil to renewable power. She pointed out it was a job for Goverrunent; and planet change was not just an environmental problem. She stated Americans agree that Global Warming was a growing problem, which could be solved if action was • taken now. She referred to the movie, Inconvenient Truth, in which Former Vice President of the United States, Al Gore, explained the problem of Global Warming. She commented Al Gore did a good job explaining the problem; and 3 Minutes -Village Council Regular Meeting 4/12/07 Page 4 she was there to discuss the solutions. She stated stopping Global Warming was the most difficult thing they will do, but an achievement they would be most proud o£ She pointed out we cured Polio, ended segregation, and put a man on the moon. She emphasized they must all be apart of the solution, she referred to a map that showed the Cool Cities. Ms. Lanpher indicated there were 400 Mayors who signed the Mayor's Climate Protection Agreement pledging to cut Global Warming Emissions; and they now had 11 States with Clean Car Laws. She mentioned 22 States had the Renewable Energy Portfolio Standard. She explained this meant the States were required to produce a specific percentage of electricity from renewables. She stated to bring the standard temperature down, they had to reduce emissions; and to do this, they had to change the mix of energy sources used. She stated the benefits of becoming a Cool City was a reduction in energy cost, improvement in air quality, stimulation of the local economy, and the mitigation of Global Warming. Ms. Lanpher mentioned Britain warned the failure to act swiftly on Global Warming would have a cataclysmic effect on the Global Economy. She listed there would be apocalyptic effects on Climate such as drought, flooding, and famine. She quoted Mayor of Hallandale Beach, Joy Cooper as saying "... It is not an environmental problem, it is an economic development sustainability issue; • protecting our environment, we are protecting our resources preserving them for future generations." She pointed out the Maryland Sheriff's Department was using Hardware vehicles. She mentioned they said it made sense for the environment, and saved them money. Ms. Lanpher pointed out the Mayor of Pompano Beach asked his city for building code changes that would give incentives for environmentally compatible structures, which would reduce Greenhouse emissions by 100,000 in that city. Ms. Lanpher listed other earth friendly measures. She suggested water be reused to irrigate lawns, and parks; and a new Library powered by renewable energy. She stated there were strategies Cool Cities pursued under three categories. Ms. Lanpher listed cleaner vehicles, energy efficiency, and renewable energy. She specified these solutions saved tax payer dollars, and improved public health by reducing energy waste and pollution. She pointed out although hybrid vehicles initially cost more than Standard fuel cars, the hybrids save on gasoline, had lower maintenance costs, and a higher re-sale value. She stated a Charlotte Analyst said switching from a gas only Ford Taurus to hybrid vehicles saved $800 to $1200 per vehicle, including $400 a year per car in fuel costs. Ms. Lanpher mentioned the cleaner vehicle solution, and referred to cleaner buses as the natural gas buses. She stated every natural gas bus reduced the need for 10,000 gallons of diesel fuel a year. She stated natural gas buses released 25% . less in Global Warming emissions in diesel fuel, and indicated these cleaner buses lead to cuts in Global warming emissions and smog. She stated compared to the diesel buses, the natural gas buses used 50% less smog forming nitrogen oxide, 4 Minutes -Village Council Regular Meeting 4/12/07 Page 5 and 85% less soot. She pointed out more than 30% of carbon emissions in the United Stated came from vehicles; and explained if they raised the average mileage per gallon per vehicle to 40 miles per gallon, they would save 3,000,000 barrels of oil a day. She explained the new electric cars which were powered by electricity for the first 40 to 80 miles, before using the onboard gasoline engine, could also produce huge savings. She stated powering cars by electricity cost less, and produced less carbon emissions. Ms. Lanpher explained energy efficiency in buildings, and traffic lights as efficient street lights. She pointed out Salt Lake City saves $32,000 a year on its energy cost as a result of installing 861 lights. She specified those were the LAD traffic signals. The stated the City planned to expand the program to all of its 1630 red and green lights, which was expected to save over 500 tons of traffic carbon dioxide pollution each year with an annual cost saving of $53,000 a year. She indicated the city also found that LAD signals required less maintenance than the conventional traffic lights. She pointed out Salt Lake City replaced their traditional lights with compact florescent bulbs, which used less energy and lasted longer saving the city $33,000 dollars a year, and reducing the carbon dioxide emissions by 344 tons a year. In March 2005, Scottsdale was the first city in the nation to require that all new city buildings and renovation projects meet the LEED gold standards which was the Energy efficiency and sustainability. • Ms. Lanpher stated the roof top solar panels powering North Eastern University Eli Student Center in Boston was one example of renewable energy. She stated a 20% renewable energy standard could be phased in over 10 years. She explained a City could require an additional 2% of electricity generation coming from renewable energy a year. She commented this was possible and easy to do. Ms. Lanpher explained a City could become a Cool City by conducting a Baseline Emissions Inventory in four steps; by adopting an emissions reduction project for the forecast year, developing a local action plan, implementing the policy, and monitoring and verifying the results. She pointed out Mayors and local leaders were putting into place winning energy solutions right now. She stated by using the innovative technology of cleaner cars, energy efficiency, and renewable energy, Cities across America were protecting citizens' health, and the environment, while saving tax payer dollars. She stated as the news of these successful cities spread, more cities were joining the Cool Cities Movement; and together they were helping to lead the Country, and the world, into a new energy future. She commented that was cool, and now it was the Village of Tequesta's turn. Ms. Lanpher explained Cities could get help for their campaigning goals by receiving assistance from State and Federal agencies, and from ICLEI. She • specified ICLEI was the International Council for Local Environmental Initiatives. She explained it was an international membership association of local governments who were dedicated to addressing environmental issues through 5 Minutes -Village Council Regular Meeting 4/12/07 Page 6 • local action. She explained the Cities for Climate Protection (CCP) was ICLEI's campaign program, which engaged Cities, Towns, and Counties to reduce pollution. She stated the campaign began in 1993. Ms. Lanpher stated ICLEI provided tools and software for conducting the emissions inventory. She explained relevant data was taken from local transportation, waste, and energy consumption, so the City knew what the energy was now. She stated the software computed the emission numbers in addition to co-benefits related to cost savings, and a criteria for air pollution prevention. She pointed out the resulting inventory was a valuable resource for planning new activities, and served as a baseline for measuring progress in years to come. She explained Cities, Towns, and Counties used the tool kit to work through the milestone process. She stated it helped to identify emission reduction ideas and strategies. She mentioned Case Studies and Sample Action Plans prepared by other Cities were also provided. She stated it should be clear that Global Warming poses a threat to our Country, and to our future. She emphasized they could curve the emission of Global Warming pollution by turning to cleaner energy solutions. She stated this included clean power from the sun, and wind, and cars that went further on one gallon of gas. She stated by adopting this technology towards renewable energy dependency, they would save money and create millions of jobs. She encouraged the Village of Tequesta to take the Cool Cities Pledge. She stated after they took the pledge, and signed the Mayor Climate Protection Agreement, the Village had to take action. . She stated this action would include using hybrid vehicles, modernization of buildings with money saving energy efficiency tools. Ms. Lanpher introduced Vice Mayor David Levy of the City of Palm Beach Gardens. Mr. Levy stated he has been encouraging his City to become a Cool City. He anticipated they would become a Cool City with in the next few months. He stated the City of Palm Beach Gardens went from buying Ford F-150s to Ford Escapes which saved $8000 per unit, and 8 miles per gallon. He pointed out hurricanes took out a lot of their sports lighting, which allowed the City of Palm Beach Gardens to replace it with more efficient lighting. He mentioned the efficient lighting was not much more expensive than traditional lighting. He specified they were saving $40,000 per field in electric costs. He pointed out the buildings in Palm Beach Gardens were newer, which was similar to Village of Tequesta, therefore, they did not have many renovations to do. He indicated his City has taken certain steps; such as replacing lights in the Council Chamber with florescent lights. He pointed out florescent lights used a quarter of the electricity. Mr. Levy pointed out as a City, they were responsible for saving tax payer dollars. He did not know what they would do with property taxes in Tallahassee, but every dime they could save lessened the burden. He encouraged the Village of Tequesta to join Cool Cities. He hoped Palm Beach Gardens would join, so they could become partners in North Palm Beach County, and leaders in South Florida. • 6 Minutes -Village Council Regular Meeting 4/12/07 Page 7 U VI. CONSENT AGENDA All items listed under Consent Agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. Council Member Paterno asked to remove Item 8 for discussion. MOTION: Council Member Amero moved to approve the Consent Agenda as amended with removal of items 6, 8, 10; motion seconded by Vice-Mayor Watkins; motion passed S-D. Therefore, the following items were approved on the Consent Agenda: 5. Village Council Regular Meeting Minutes March 8, 2007. 7. Special Master Hearing Minutes February 22, 2007 9. Resolution 38-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding bid proposal to William H. Murphy GC, Inc. of Hobe Sound, Florida, in the amount of $58,720.00 for • building improvements at the Public Works Facility, having a budgeted amount of $60,000.00 from fund 401-499 662.600 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village 11. Resolution 40-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding a change order to Chaz Equipment Company, Inc. in the amount of $89,000.00 for installation of streetlight conduit for the remaining phase of streetlights on Tequesta Drive having a budgeted amount of $105,000.00 from fund 303.390.663.661 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. 12. Resolution 43-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, certifying the results of the Regular and Special Election held on Tuesday, March 13, 2007 for the Village of Tequesta Council 12a. Ordinance 612-06/07 - 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 • 12b. Council re-appointment of Elizabeth Schauer and Steve Okun to the Planning and Zoning Advisory Board as "Regular Members" for a term of 3-years. 7 Minutes -Village Council Regular Meeting 4/12/07 Page 8 END OF CONSENT AGENDA ITEMS PULLED FROM THE CONSENT AGENDA 6. Village Council Special Meeting Minutes March 22, 2007 Council Member Amero referred to page two, paragraph two and asked the line be changed to read "...spending in Florida was up by 83% in the last 5 years, while personal income rose by 37%." MOTION: Vice-Mayor Watkins moved to approve Item 6 with Council Member Amero's requested change, seconded by Council Member Paterno; motion passed S-0. 8. Budget Amendments exceeding the $5,000.00 limit and/or affecting Capital Accounts. Council Member Paterno stated he would like additional information on the status of the FRS issue. Mayor Humpage asked Council Member Paterno if he was okay with the compensated absences item before Council and Council Member Paterno stated he was. Mayor Humpage stated Council Member Paterno's question regarding the FRS issue would be addressed under "Any Other Matters" and asked for a motion. • MOTION: Council Member Amero moved to approve Item 8, seconded by Council Member Turnquest; motion passed S-0. 10. Resolution 39/06-07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, awarding bid proposal to Wynn & Sons in the amount of $38,250.00 for sidewalk installation on Tequesta Drive having a budgeted amount of $70,000.00 from Capital Account Fund 303.390.663.650 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. Council Member Amero stated he did not have a problem with the project; however he could not get the numbers to add up and stated he would get with Finance. MOTION: Council Member Amero moved to approve Item 10, seconded by Vice-Mayor Watkins; motion passed 5-0. VII. COMMUNICATION FROM CITIZENS • Ms. Geraldine Genco, 7 Country Club Circle, asked that the agenda backup and documentation be scanned into a .pdf file and projected onto the television screens. VIII. COMMUNICATION FROM COUNCIL • Council Member Turnquest -None • Council Member Paterno -None • • Council Member Amero -None 8 Minutes -Village Council Regular Meeting 4/12/07 Page 9 • • Vice-Mayor Watkins thanked staff for the swearing in ceremony and complimented Catherine Harding on the sprucing up on US 1 corridor, which was done at no cost to the Village. • Mayor Humpage mentioned Council held a Special Meeting in order to begin handling the unfinished pending business and held an Executive Session regarding the bargaining unit contracts. He stated they had reached a consensus and directed Mr. Couzzo to meet with the CWA and PBA. Additionally, he stated he received an envelope with a letter of commendation for two employees who assisted a lady who had a coronary while driving her vehicle. Officer McClain was a first responder when a former paramedic stopped by the scene and the two were able to begin the necessary lifesaving procedures at which time a Village paramedic arrived at the scene. He stated the woman has since passed; however the lifesaving techniques performed provided approximately a week time before her passing. He met the two brothers who wrote the letter and Mayor Humpage read the letter into the record: Dear Sirs: We would sincerely like to thank Officer Jennifer McClain for her quick and professional actions in performing CPR on our mother, Louise Delongchamp, last Thursday, April S, 2007. She and retired fireman John Grubbs were the first to arrive on the scene and were greatly instrumental in keeping our mother alive until paramedics were able to take over. Her quick actions allowed us to get down from Michigan to be with our mother • before her passing. It's good to know that you have officers of this quality working your department! Sincerely yours, Dave and Dan Delongchamp IX. NEW BUSINESS 13. Resolution 41-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, approving emergency vehicle supply (EVS) of Coconut Creek, Florida to build and equip the Tequesta Police vehicles as part of the in-car mobile technology program requested by the Village of Tequesta Police Department and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. Attorney Hawkins read Resolution 41-06/07 into the record. Chief McCollom explained this was a continuation of the previously approved in-car mobile technology. He noted the computers had been ordered and they were in the process of retrofitting the vehicles. He advised they selected EVS because they were a one-stop-shop vendor who could provide all the services necessary to complete the vehicles. Vice-Mayor Watkins asked what the officer response had been to the one vehicle that had been retrofitted and Chief McCollom stated it had been positive, whereas the citizen • response had been approximately 90% as some were trying to get used to the black and white vehicle while others were getting used to the visibility of the vehicle; however overall it had been very positive. 9 Minutes -Village Council Regular Meeting 4/12/07 Page 10 • Council Member Amero stated the number one thing on the continuum of force for a police officer was officer presence and he felt the black and white vehicle was a huge advantage to the officer that provided additional safety measures. Chief McCollom noted there had been a lot of thought from the safety standpoint when considering the black and white vehicle. He mentioned the reflective materials used reflected at 360 degrees and that no matter what angle the car was approached one couldn't miss the vehicle. MOTION: Vice-Mayor Watkins moved to approve Item 13, seconded by Council Member Paterno, motion passed 5-0. 14. Resolution 42-06/07 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, amending the 2006/2007 General Fund Budget by increasing Revenue Account #001-000-369.104 (Reimburse - FEMA) in the amount of $21,675.00; and increasing expenditure account #001-210-549- 991;hurricane expenses, in the amount of $9,210.00 and increasing account #001- 990-599-902; Reserves/Contingency in the amount of $12,465.00 and authorizing the Village Manager to execute the applicable proposal on behalf of the Village. • Attorney Hawkins read Resolution 42-06/07 into the record. MOTION: Vice-Mayor Watkins moved to approve Item 14, Council Member Paterno seconded, the item was opened for discussion. Council Member Paterno recommended that the difference in funds of $12,465 be placed into Reserves rather than Contingency Reserves. Mayor Humpage inquired on what account was being increased by $9,210.00 and Mr. Couzzo, Village Manager stated the General Fund. Ms. Jody Forsythe, Finance Director, explained this would make the funds available during the year should Council need access to them. Mayor Humpage asked when the money was spent was it taken from the General Fund and Ms. Forsythe stated yes. Mayor Humpage suggested the funds be placed back in the General Fund and address it during the budget cycle. Ms. Forsythe pointed out $9,000 was needed for the solid waste audit and Council Member Paterno stated only the difference. The motion carried unanimously S-0. 15. Council discussion and possible action regarding Council contribution of • $1,000 to the Girl Scouts 5th Annual Girl Scouts of Palm Glades Council, Inc. Luncheon and Silent Auction at the Raymond F. Kravis Center in West Palm Beach on April 21, 2007 (Account 001-100-582.800) 10 Minutes -Village Council Regular Meeting 4/12/07 Page 11 • Vice-Mayor Watkins advised Council made this donation last year and would support continuing the sponsorship this year. She reminded Council the Girl Scout camp had been devastated by the hurricanes. Council Member Amero supported the Girl Scouts and noted they had been good neighbors. He mentioned there was no criterion established regarding the overall concept of contributions and how they were divided. He stated the Girl Scouts received $1,000 but Junior Achievement only received $50.00 and felt there should be criteria established for a more equitable distribution. He asked for Council consensus to direct staff to establish criteria. Vice-Mayor Watkins commented that from her point of view it had always been discussed based on the requests that were sent to Council and most requested a specific amount. She stated if an amount were not stated then there would be a consensus on the contribution amount. She was not sure how a general formula would be created. Council Member Amero asked if the Village had ever sponsored in-kind donations. Mayor Humpage did not believe they had. He recalled at one time there were many donation requests, and agreed he was not sure how criteria could be established. He felt one of the criteria used by Council has been that it must benefit the immediate area and • focused on the community. He suggested Junior Achievement was given $50 because that was the amount they requested. Council Member Amero stated that as a businessman he had been asked by every non- profit for funds. He agreed the contribution should benefit the community and noted there were many deserving organizations and felt there was a big difference in the amounts contributed. Council Member Paterno concurred with the Mayor and felt funds should go to organizations that benefit Tequesta and the community first. Regarding the amount of contributions, he stated Council attempted to keep the donations as equitable as possible and in the past a list had been provided of those who requested funds. He suggested Council continue with the way it has been making donations and ensure they remain area based. Council Member Amero noted the conversation this evening established a criterion that the donation should benefit the community. Mayor Humpage stated it was not limited to area based contributions because they have received requests to assist an employee who was called to duty in Iraq. MOTION: Vice-Mayor Watkins moved to approve a $1,000 donation to the Girl Scouts; seconded by Council Member Amero; motion carried S-0. • 11 Minutes -Village Council Regular Meeting 4/12/07 Page 12 • X. ANY OTHER MATTERS Council Member Paterno • Council Member Paterno asked Mr. Couzzo for an update on the status of the FRS issue. Ms. Jody Forsythe, Director of Finance, explained this had been a complex issue. There were three employees that retired from the FRS and funds were originally contributed into the Village of Tequesta's Pension Plan. She explained that after FRS looked at the issue they determined these three individuals did not terminate properly under the statutes and their requirements for retirement. FRS approached the Village and wanted to make an arrangement to work out the problem. It was decided two employees would be placed back into the DROP plan as if they had never left and the Village would then retroactively pay back the contributions. The Village would then go to the Village of Tequesta Pension Plans and request those contributions be paid back to the Village. She noted Human Resources, Finance and the Village Manager had been working these last few months with Doug Cherry, an FRS Bureau Chief, to work out a plan where the Village would not be charged penalties as required by statute. She explained there would be a difference in the amount that was contributed in the Village Pension because that was less and when they go back and run it through they would find the exact amount and was looking at approximately $9,000. Council Member Paterno asked if it was $9,000 for both. Ms. Forsythe stated the difference • between what was originally contributed into the Village of Tequesta's Pension Plan and what the Village would have to contribute into FRS. Council Member Paterno clarified it was an additional $9,000 and Ms. Forsythe commented that was the minimum and noted FRS had not provided a number and that was staff's calculation. Council Member Paterno asked if the two Pension Boards had agreed to this plan. Ms. Forsythe stated this was going before both Pension Boards at their next meeting and was being recommended by the Village Pension Board Attorney. Council Member Paterno asked how this would be handled and Ms. Forsythe stated the Village was required to pay the lump sum into FRS immediately and then the Pension Boards would have to decide if the Village could receive a lump sum out as an error or if they would be required to withdrawal over the period those contributions were made. The timing of when the funds would be received back from the Village Pension might not be the same as the time the Village has to make the contribution to the FRS, but over a three year period the Village would be reimbursed. Council Member Paterno asked how much the lump sum would be and Ms. Forsythe estimated $37,000 - $39,000 including the $9,000. • Council Member Paterno mentioned that since there was no longer an Assistant Manager • /Public Works Director and did not believe Mr. Couzzo planned to hire one immediately, he asked that the funds allocated for that position be placed back into savings. 12 Minutes -Village Council Regular Meeting 4/12/07 Page 13 • Mayor Humpage noted this would be done at the end of the year if the funds were not spent and suggested the $9,000 be taken from here to make up the difference. Council Member Paterno suggested everything else should go back into savings. Mayor Humpage stated his point was that if it was not spent, it was there at the end of the budget cycle and would be transferred back into the General Fund. Council Member Paterno stated if the funds were in savings they would be more difficult to spend. Mayor Humpage felt Administration should work the budget. Council Member Paterno stated that if he had to re-appropriate money from savings he probably would not do it, however if it was in the budget they would be more likely to spend it. He stated he understood and believed it was a difference in philosophy. Ms. Jody Forsythe explained some of the excess money had already been used to pay compensated absences when they had to pay out for the three employees. She asked that they wait on the pay out until the additional contributions have been paid. Vice-Mayor Watkins stated she did not have a problem with leaving the funds in the budget the way it was and dealing with it at year-end. Council Member Amero asked it this was an interest bearing account and Ms. Forsythe stated • yes. Council Member Amero suggested revisiting the issue in a month and Council Member Paterno agreed. Council Member Amero • Council Member Amero stated he received a letter from Jack McDonald the Mayor of the Town of Palm Beach regarding a Resolution opposing House Bill 529 the franchise for cable TV. He asked if the Village of Tequesta took any action or if Council needed to take action since the Village's Ordinance 530 would expire in March 2008. Consensus of Council agreed to place the item on the May agenda. • Council Member Amero stated that during his campaign he made promises to do certain things: monitor the budget closely, consider annexation, revitalize the businesses on US 1 and other areas and review the Charter. He cautioned Council that this was not about the Village Manager or Village Attorney; however about good government and the ability to serve the public in a more efficient manner. He felt it was a balanced way and split the powers between two people; the Village Manager and the Village Attorney. He believes in a balance of powers and in a check and balance system and did not believe the Village currently had that per the Charter. He believed the ability the Village Manager had to hire the Village Attorney was not the appropriate way to do business and felt Council should hire the attorney and that position should serve at the pleasure of Council as in • most municipalities. He commented that times, demographics and Council had changed over the years and asked that Council be polled to formulate a Charter Review Committee. He stated each Council Member would appoint one resident member to this 13 Minutes -Village Council Regular Meeting 4/12/07 Page 14 • committee and they would be tasked with reviewing the Village's Charter and those of surrounding municipalities. He felt the time was right due to an election coming up next March should there be any suggested changes that would require a referendum. He asked Mr. Hawkins if it would call for a referendum if the Village Attorney were placed as a separate entity within the Charter. Mr. Hawkins stated he believed it would and Council Member Amero asked him to research the issue. He asked for the Mayor to call for a vote to form a review committee to review the Charter and come back to Council with recommendations. Mayor Humpage stated he was not sure Council could vote on this issue at this time and asked for legal advice. Mr. Hawkins stated it should come back to Council as an item on the agenda. Mayor Humpage felt it would give everyone an opportunity to do some homework. Council Member Turnquest asked if the Charter Committee would be a citizen volunteer committee and Mayor Humpage believed there would need to be criteria set forth such as being a resident or registered voter. Council Member Turnquest mentioned this would not be an easy process and would be time intensive and asked if it would be a paid or volunteer position. Mayor Humpage stated a review was done approximately five years ago and was done on a volunteer basis. • Council Member Amero noted it was a quick process and most Charter's could be compared online and did not believe it would be time intensive. Vice-Mayor Watkins stated she had not had any residents question the Charter or ask that it be reviewed and did not believe it needed to be reviewed at this time. Council Member Turnquest stated he did not find any harm in reviewing the Charter. Council Member Paterno agreed there was no harm in reviewing the Charter and noted he had previously expressed ideas himself. He noted he had received feedback from residents regarding the Charter. Village Manager Couzzo felt there were two issues at hand. He stated the Village Attorney issue might not be a Charter issue because the Charter did not address the Village Attorney and suggested it would be a policy decision without having to do a referendum. Council Member Amero stated that was why he asked Mr. Hawkins to review the issue and stated it was his understanding that it was not a referendum item and if the Council decided they wanted to hire the Village Attorney rather than the Village Manager then he could be made a separate entity within the Charter. Mr. Couzzo suggested Mr. Hawkins write an opinion on his interpretation as to the Office of the • Village Attorney and how it related to the Charter and what jurisdiction Council had regarding the matter. 14 Minutes -Village Council Regular Meeting 4/12/07 Page 15 • Consensus of Council agreed to wait until they had an opinion from the Village Attorney's Office and would place the item on the May agenda. Mayor Humpage provided the Village Attorney with a deadline of two weeks to formulate the opinion. Vice-Mayor Watkins • Vice-Mayor Watkins commented on sending a letter to Commissioner Marcus inquiring if the County would be interested in discussions regarding the bridge and the possibility of it being given back to the County. She stated the County responded that they were not currently interested, however once the bridge was repaired then they would entertain the idea of taking ownership. Vice-Mayor Watkins stated she did not believe it would serve any purpose to return the bridge once it was repaired. • Vice-Mayor Watkins stated Mr. Tom Boyhan, owner of WJTW Radio Station, had been helpful to the community during the hurricanes and recently during the elections. She suggested a recognition plaque be presented to him for his dedicated service to the community. Consensus of Council agreed: Manor Jim Humpage • Mayor Humpage stated he wanted to schedule some workshops. He mentioned one • workshop would address annexation issues and due to the time involved discussions should begin soon to determine a logical way to approach the pros and cons. Vice-Mayor Watkins asked to include a general discussion regarding annexation because she preferred to not force people into annexation and while it made sense when it was appropriate, she would not arbitrarily go after people. Mayor Humpage stated at the Beach Road meeting he had a lot of people ask him why they could they not have additional trees in front of their units and he explained they resided in the County and not the Village. He suggested Council compile comparison information on what the Village could offer County residents. Consensus of Council agreed. • Mayor Humpage stated he would like to hold a workshop regarding the budget to provide the Village Manager with direction on what Council had requested. Council Member Amero agreed, but would like to see the surveys returned first to see how the citizens wanted the Village to spend the money. He felt the surveys might show the citizens were looking for something different than what Council thought. Consensus of Council agreed to do a survey. Mayor Humpage mentioned there should be a mechanism to determine what the survey should . include. Council Member Amero suggested prioritizing what was important to the public and recommended each Council Member send their top five questions to the Clerk. 15 Minutes -Village Council Regular Meeting 4/12/07 Page 16 • • • Mayor Humpage suggested a workshop to determine the questions. Council Member Paterno asked if the workshops could be combined. Mayor Humpage stated he did not believe the Village should jump into the annexation issues due to the complexity. Council Member Paterno suggested the workshop would be to provide background information, how annexation worked, and what options were available and at the same time work out the survey issues. Mayor Humpage stated a presentation could be put together and suggested the first workshop would be for the survey and then work on the annexation workshop and have Community Development involved. Consensus of Council agreed to provide the Clerk with three issues for the survey by mid-week. Council Member Amero mentioned he had an effective survey from Congressman Tim Mahoney and would have it forwarded to Council. XI. ADJOURNMENT MOTION: Council Member Paterno moved to adjourn the meeting at 8:43 p. m.; Vice-Mayor Watkins seconded the motion; motion passed S-0. Respectfully submitted, `~i~ n"1 c~ _. Lori McWilliams, CMC Village Clerk ~_~. :Y: INCJRPORATED: ~~~~Il l l I { 1111~~~ 16