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HomeMy WebLinkAboutMinutes_Regular_09/14/2006• MINUTES VILLAGE OF TEQUESTA REGULAR VILLAGE COUNCIL MEETING THURSDAY, SEPTEMBER 14, 2006 I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Jim Humpage at 8:13 p.m. A roll call was taken by Village Clerk Gwen Cazlisle. Present were: Mayor Jim Humpage, Vice Mayor Tom Paterno, Council Member Geraldine A. Genco, and Council Member Pat Watkins. Also in attendance were: Village Attorney Scott Hawkins, Village Manager Michael R. Couzzo, Jr., Village Clerk Gwen Carlisle, and Department Heads.. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Paterno gave the invocation and led in the pledge of allegiance to the flag. III. APPROVAL OF AGENDA MOTION: Council Member Watkins moved to approve the agenda; seconded by Council Member Genco. . Council Member Genco requested to pull items 9, 10, and 10.1 from the Consent agenda. Vice Mayor Paterno requested to pull items 7 and 8 from the Consent agenda. Motion passed 4-0. IV. PROCLAMATIONS AND PRESENTATIONS 1. Proclamation declaring the week of October 8-14, 2006 as "Fire Prevention Week" in the Village of Tequesta Mayor Humpage read aloud the Proclamation for the record. 1.1 Bush Wildlife Donation Mayor Humpage announced that Mr. David Hitzig of Busch Wildlife Sanctuary was to attend to accept their donation from the Village; however, he was not present. V. STANDING REPORTS VILLAGE ATTORNEY -None VILLAGE MANAGER -Village Manager Couzzo reported scheduled repairs to extend the life cycle of the Tequesta Bridge began September 14, 2006 and would continue for a week, which would not cause any hindrance to vehiculaz traffic. Minutes -Village Council Regular Meeting 09/14/06 Page 2 VI. UNFINISHED BUSINESS ORDINANCE 607 -SECOND READING - An Ordinance of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Prohibiting Fishing from the Tequesta Drive Bridge, Providing for repeal of Ordinances in conflict; Providing for Severability; Providing for Codification; Providing an effective date. Village Clerk Carlisle read for the record the Ordinance 607 in its entirety. Mayor Humpage reported it had come to his attention there was a petition circulating in the Village on this issue and that people were told it was the Mayor's petition. Mayor Humpage clarified that he had nothing to do with the petition, nor did the Council. Mayor Humpage declared the public hearing open. (Public Comments) Mr. Walter Hirst resident of West Indies Drive stated he had done the petition and it was not done on behalf of the Mayor or the Village. It had been done to be presented to the Mayor and Council this evening. Mr. Hirst commented he knew some fishermen had been here previously and were in favor of fishing from the bridge, stating fishing had been allowed there for years and they saw no problem with it, but when there started to be injuries on the bridge and until the bridge could be reconstructed to be made safer for • all, he believed the Council should consider public safety for all. Mr. Hirst provided photos of his son's injury, and requested no fishing from the bridge until it could be redesigned with a fishing platform that would not interfere with either bridge traffic or boat traffic. Ms. Helen Hirst reported her son had been injured and marine and road traffic had increased, and it was time to pass this on second vote for the safety of residents. Ms. Hirst noted her son might not be scarred today if there had been no fishing from the bridge, and expressed her opinion fishing should be from the embankment where the lines were at water level and safe for all concerned. Ms. Hirst presented the petition for no fishing from the Tequesta Drive Bridge, containing 270 signatures of residents who were concerned regarding this issue. Ms. Hirst clarified the petition was under her name and address and they had never said this petition was from the Mayor. Mr. Mark McClean, 701 Cinnamon Place, stated he was in support of this ordinance, that Mr. and Mrs. Hirst had expressed what he intended to say, and there was a hazard not only from fishing lines but for pedestrians, bicyclists, and fisherman because the sidewalk was so narrow, and he had had children step out in front of his vehicle when crossing the bridge. This past weekend someone in his boat had been hooked by a fishing hook, and he believed that to continue fishing from the bridge at this time posed too great a liability for the residents. • Village Manager Couzzo reported Police Chief McCollom and Assistant Village Manager Garlo were looking into placing a landing at the base of the northeast section of 2 Minutes -Village Council Regulaz Meeting 09/14/06 Page 3 the bridge to have a step going down and a gazbage can there. He envisioned something like a railroad tie built into the embankment off the right-of--way as one traveled west on the north side of Tequesta Drive, so it would be on the northeast side of the bridge, and one would walk down to a landing and receptacle. It would blend in to the embankment, and there could be a covering to keep sun off the fishermen. The northwest and southwest corners of the bridge were also possibilities, but they were next to condominiums. There was a possibility of placing this on the southeast corner, but the northeast section appeared to be the best choice. (Council Comments) There were no comments from the Village Council. Mayor Humpage announced the public hearing was closed. MOTION: Council Member Watkins moved to approve Second Reading of Ordinance 607; seconded by Vice Mayor Paterno; motion passed 4-0. VII. CONSENT AGENDA MOTION: Council Member Watkins moved to approve the Consent Agenda as amended with removal of items 7, 8, 9, 10 and 10.1; seconded by Council Member Genco; motion passed 4-0. • Therefore, the following items were approved on the Consent Agenda: 3. Village Council Regulaz Meeting Minutes August 17, 2006 4. Village Council Budget Workshop Meeting Minutes August 31, 2006 5. Village Council Executive Session Meeting Minutes August 31, 2006 6. Village Council Budget Workshop Meeting Minutes August 15, 2006 END OF CONSENT AGENDA ITEMS REMOVED FROM THE CONSENT AGENDA 7. Budget Adjustments for the month of September 2006 Vice Mayor Paterno, who requested this item be pulled from the Consent Agenda, questioned that one amendment would affect capital. Police Chief McCollom responded that was for the prototype for a patrol caz, however, he had pulled that and was not going to purchase it this yeaz since the company advised there was a good chance this would be upgraded. Vice Mayor Paterno commented they were spending the savings on the health insurance and workers comp again by transferring it. • Minutes -Village Council Regular Meeting 09/14/06 Page 4 • Village Manager Couzzo explained a lot of departments that had a shortage of personnel had to go to an overtime situation, and funding in health insurance or regular salaries had to be shifted to pay overtime, which was not the same savings negotiated at the beginning of the year for insurance. Vice Mayor Paterno commented they had saved $50,000 on health insurance but really did not save it because they were spending it now. Council Member Genco commented it was being re-allocated part-time salaries were being offset against where the money was coming from - $29,000 and overtime of $10,000. There was a surplus in other areas because they didn't have staff, so they saved it. This was the kind of budget she would expect to see routinely when they were short of staff. Vice Mayor Paterno stated he just wanted to bring it up. Council Member Genco commented it was tough to monitor everything but when you were short staff you were going to end up not spending money on regular salaries but spending it on overtime. Vice Mayor Paterno commented he saw non-budgeted items for performance recognition bonuses for two people, and asked if this was non-budgeted, how it could be spent. Council Member Genco advised she had noticed that also, and she was totally opposed to that. Village Manager Couzzo confirmed that had been spent, and it was his understanding there had been a policy going away from the 1-5% merit increases and to a straight 3%. After that, there was consideration for excellent performance where department heads were allowed to give additional bonuses if performance was warranted and recommended by the department head. That was this situation, and Finance had created a specific line for that to identify it, and it was coming out of other monies • presently budgeted in the specific department. As of last Friday, this was no longer a policy that was going to continue, and department heads had been advised. Council Member Genco commented she understood money was actually spent before the Village Manager approved this and she never wanted to see that again or she would hold the Village Manager responsible. If anyone was getting compensation over their normal and customary paycheck, the department manager made the suggestion but the Village Manager approved it, and to know something was done and the Council had to go back and approve it or the Village Manager had to go back and approve it, that was not acceptable, period. Village Manager Couzzo indicated he understood. Vice Mayor Paterno noted there had been a set amount in the budget set aside to be utilized for extra bonuses, and staff went above that on their own and now were coming for approval, and the money had been spent, so Council had no choice. Vice Mayor Paterno requested an explanation of the $136,759 transfer. Finance Director Forsythe responded there was no financial impact to this; the Village was required by GAF if they took a lease purchase to take this extra recording step as if they had sold bonds and received the money and then went out and made the purchase. It showed as a capital expense and as money coming in, neither of which actually happened. She believed this was the 800 MHz radio. Council Member Genco noted in this way the Village could actually track the debt on a lease. The Village Clerk mentioned these items were for information purposes only and not action was needed. C~ 4 Minutes -Village Council Regulaz Meeting 09/14/06 Page 5 8. RESOLUTION 102-05/06 - A Resolution of the Village council of the Village of Tequesta, Palm Beach County, Florida, Awarding a Bid to Sports Turf One, Inc., of Boynton Beach, Florida for Athletic Field repairs in Tequesta Park caused by Hurricane Wilma in the amount of $31,600 with funds budgeted in account #001-230-546.323, R & M Tequesta Pazk and authorizing the Village Manager to execute the applicable agreement. Vice Mayor Paterno asked where this money was coming from, to which Assistant Village Manager Garlo responded it was an account originally created for Public Works and was now used for hurricane damage. Vice Mayor Paterno asked, with two weeks left in this budget, and there had been previous discussion about throwing them in at the end and trying to fit them in, he didn't understand if this had not been done in 12 months since the last hurricane why it needed to be done today. He asked why it was not budgeted in the next budget. He did not like the way this happened. Village Manager Couzzo advised there was money budgeted for next yeaz for clay for the ball fields, which normally was replaced annually. This particular situation due to the hurricane caused more clay to be washed away than normally was lost in a year. Pazks and Recreation Director Corbitt explained that his plan had been to wait for the rainy season to end in order to gain as much as possible from the work. Village Manager Couzzo commented this would bring it back quite a bit. Mr. Corbitt advised also repairs needed to be done to the back side of the infield, which had become a safety issue. Vice Mayor Paterno stated he would like to see this pulled-this was exactly what he was talking about, spending the money, and if it hadn't needed to be spent in 12 months it was his opinion it did not need to be done. Mayor Humpage asked if the Village received this money from FEMA. Vice Mayor Paterno noted all the FEMA money had been spent. Assistant Village Manager Gazlo advised the FEMA reimbursement was $50,000 less than the amount spent. Council Member Genco asked how extensive the clay replacement was, to which Mr. Corbitt responded if done annually it was not very extensive, but the lips had been allowed to form almost a 6-inch gap which had to be cut out and then replaced with clay. It was confirmed the only reason it was not done earlier was because Mr. Corbitt had been waiting for the rainy season to end. Vice Mayor Paterno noted $100,000 was budgeted for Tequesta Pazk for next year, and there had never been a discussion about what Mr. Webberman was going to do or what help the Village might get with the pazk. Village Manager Couzzo reported Mr. Webberman's office had been contacted and a meeting was going to be set up between the County Administrator and Mr. Couzzo to discuss this issue, but Mr. Webberman wanted more specifics as to utilization of the pazk by county residents. There was not yet a plan, but $100,000 had been put into the budget because Mr. Webberman previously talked to the Council about replacing shade trees. Council Member Genco asked how many non-Tequesta residents were using the park. Mr. Corbitt responded former Code Enforcement Officer Cooper had spent a few days • surveying the residents, but the results of that survey had not been received. 5 Minutes -Village Council Regular Meeting 09/14/06 Page 6 • Council Member Genco noted the ball fields got a lot of use and if it was a safety and maintenance factor, she thought it needed to be done. If it was delayed to next yeaz's budget and taken out of the $100,000, there would be a shortage of $31,600 in what was already appropriated, and she would rather deal with next yeaz's budget separate from this year. Vice Mayor Paterno pointed out if it was not spent now it would just roll into the bank account and would be there if needed. Discussion ensued regazding it being a safety issue, with kids and seniors using the field. Council Member Genco commented this needed to be placed on the schedule they were doing. Attorney Hawkins read for the record the title of Resolution 102-05/06. MOTION: Council Member Watkins made a motion to approve Resolution 102-05/06. Council Member Genco seconded the motion. Motion carried 3-1 with Vice Mayor Paterno opposed. 9. RESOLUTION 103-05/06 - A Resolution of the Village council of the Village of Tequesta, Palm Beach County, Florida, Awazding a proposal from argent Systems, Inc. of Royal Palm Beach, Florida for the purchase and implementation of Phase I of the Information Technology (IT) Network for the Village of Tequesta in the total amount of $36,032.23 budgeted in the 2005-2006 General Fund Budget and authorizing the Village Manager to execute the same on behalf of the Village. Council Member Genco commented she had pulled this item, which was in three phases with the total amount being $108,000, and she had understood that the technology, both current and proposed with the new Village Hall, were to be part of the budget for that building, which was not what was being done here. Village Manager Couzzo advised phases 2 and 3 were in next yeaz's budget for the building. The Village Manager explained staff had had independent systems, and Argent had presented a proposal, which was quite high. There were a lot of components to the proposal that were not really necessary and after getting together with Fire Chief Weinand and Police Chief McCollom, they were able to come up with a phased plan that would save $50,000 initially, and met all needs for the foreseeable future. Chief McCollom explained it was a major network so that finally Village Hall would be properly tied together with Public Safety. The Police Chief explained there were now three servers with Police and Fire on one server, which could not continue because of service demands, and expansion of laptops into the cars would require more space, plus there were security issues. The server that Finance now had would be on its own in the new building. The Chief explained he sat down with Argent and someone he trusted who negotiated a proper network with Argent. Once that was done, Chief Weinand had looked at it, and it was also sent to an independent group to make sure what they were getting would serve two purposes--now and future expandability. Council Member Genco commented she had hoped for networking. Chief Weinand explained this proposal would interconnect everyone and the two buildings would be tied together. Vice Mayor Paterno expressed his opinion this might be a little small. Chief McCollom indicated he felt his department would be good for three years, and right now they were looking at a tape drive backup, but an automated cazousel would be much better. 6 Minutes -Village Council Regular Meeting 09/14/06 Page 7 • Village Attorney Hawkins read for the record the title of Resolution 103-05/06. MOTION: Council Member Genco made a motion to approve Resolution 103-05/06. Motion was seconded by Yice Mayor Paterno and carried by unanimous 4-0 vote. 10. Automatic Renewal for FY 2006/2007 of Medical Director Agreement dated October 6, 2003 with Don T. Tanabe, M.D. Council Member Genco asked how many hours Dr. Tanabe worked each month. Fire Chief James Weinand responded Dr. Tanabe worked 8-10 hours per month and was there every other Tuesday. Council Member Genco asked if this was something Council should feel comfortable just renewing. Chief Weinand responded this position could be rebid at any time but with a new Medical Director all protocols would change, and all medications might change also. MOTION: Council Member Genco made a motion to approve automatic renewal for FY 2006/2007 of Medical Director Agreement dated October 6, 2003 with Don T. Tanabe, M.D. Motion was seconded by Vice Mayor Paterno and carried by unanimous 4-0 vote. 10.1 RESOLUTION 104-05/06 - A Resolution of the Village council of the Village of Tequesta, Palm Beach County, Florida, approving a Proposal for the renewal of Printing Services with Sir Speedy Printing Center. Council Member Genco asked about the item of new letterhead requested by Peter Allen. Village Manager Couzzo commented it was possibly for Village Hall because the address would change. Council Member Genco asked if it should be shown for every department. Village Manager Couzzo indicated this price list was based on unit pricing for every department. Village Attorney Hawkins read for the record the title of Resolution 104-05/06. MOTION: Council Member Watkins made a motion to approve Resolution 104-05/06. Motion was seconded by Council Member Genco and carried by unanimous 4-0 vote. VIII. COMMUNICATIONS FROM CITIZENS - Ms. Betty Nagy, resident of Shaw Place commented she had checked the Village Charter regarding what the Village Council was allowed to do regarding a problem with an employee they felt was not doing their job. She stated if Council members were having a problem with a Village employee, they were to go to the Village Manager and have the Village Manager handle the matter. Mrs. Nagy stated the residents did not want it to happen again where employees were harassed or their job threatened, as had happened during the past year from a current Council member. Mrs. Nagy expressed thanks to the • Council, Village Attorney Scott Hawkins, and to Police Chief McCollom for checking out all the concerns of the residents pertaining to use of golf carts on Village roads. 7 Minutes -Village Council Regular Meeting 09/14/06 Page 8 • She thanked Pert Towne for taking time to find out the State laws on golf carts and commented it was a relief to the residents who did not own golf carts to know if an accident happened the Village would not be held responsible. - Mr. Russell Von Frank, 489 Dover Road, showed pictures of 498 Dover Road, and explained the Catholic charities had taken over Mrs. Hattie Siegel's property and were cleaning it up, which was a pleasure to see. Mr. Von Frank also referred to selective code enforcement there was a vehicle in a driveway at 430 Dover Road, which had been parked since May 2005 and only moved once since then, from one side of the driveway to the other, and he considered it a nuisance. The car had a valid tag, but the question was whether it was operational. Mr. Von Frank felt the community should promote health, safety, morals, and general welfare. - Mr. Jeff Green, 494 Dover Road commented Council Member Watkins brought him to the Village of Tequesta, and he was Hattie Siegel's neighbor. He expressed that he enjoyed living in the Village but was concerned there were no codes in place to deal with Ms. Siegel's situation, and no codes to deal with future situations such as how tall the grass should be, how tall trees should be, and how much vegetation would be too much. Mr. Green requested the Council consider codes to deal with those types of issues in the community in order to protect the Village's property values. Mr. Green indicated he was a Town Manager with half the budget of Tequesta, expressed concern about the height of grass next to a pile of debris at Mrs. Siegel's home, and commented if anyone asked him about reserve analysis he would be happy to talk about it. IX. COMMUNICATIONS FROM COUNCIL MAYOR HUMPAGE Mayor Humpage announced he would be out of town on October 12 and would return on the 22"d, so would not be present for the October 12 Council meeting. He stated he had no problem with the meeting proceeding without him, except that would mean only three members would be present. Discussion ensued regarding changing the Council meeting from October 12 to another date. The Village Clerk announced she would also be out of town on October 12. Consensus of Council agreed to have the Village Clerk contact Council to arrange a new date. Mayor Humpage advised he was trying to get the American Legion to annex into the Village, but they had not yet applied. He and Community Development Director Harding had met with them and they were tax exempt, so if they moved into the Village, the Village would not get anything in return. He stated the reason he wanted them to move into the Village was to create a link to the C2 area. It was up to their members to vote on it, and it could come before the Council in November. Mayor Humpage explained that their building was solid concrete and they had installed a new generator that would provide power for two weeks, and they had indicated it could be used for a hurricane shelter if needed. Mayor Humpage advised that if anyone wanted to contact them, Kenneth Rourke was the Commander. The Mayor stated it was his intent to move up the C2 corridor, but there would be no monetary value to the Village. 8 Minutes -Village Council Regular Meeting 09/14/06 Page 9 X. NEW BUSINESS 11. RESOLUTION 101-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Approving a Mutual Aid Agreement between the Palm Beach County Sheriff's Office, Palm Beach County, Florida, and the Tequesta Police Department, Tequesta, Palm Beach County, Florida allowing the Tequesta Police Department to enforce Traffic and Criminal Laws within the County Pocket located South of Coral Cove Park, 19450 State Road 707, Tequesta, Florida. Described more fully in Attachment "B", and Authorizing the Village Manager to execute the same on behalf of the Village. Village Attorney Hawkins read for the record the title of Resolution 101-05/06. Mayor Humpage explained one of the complaints of Beach Road residents was the county pocket south of Coral Cove Park and north of 400 Beach Road. Tequesta police officers had no jurisdiction there because it was a county pocket. Police Chief McCollom advised everyone was happy with the agreement. Vice Mayor Paterno requested Attorney Hawkins provide his interpretation of item 17 in the agreement. Attorney Hawkins advised it meant if the Police Department incurred costs in serving in this area, it could request reimbursement, however, the Sheriff's Office could not request money from the Village under this agreement. Attorney Hawkins commented this would be for an extraordinary situation. Chief McCollom explained the Sheriff's Department would • continue to patrol, but not much, because Tequesta would be patrolling. Village Manager Couzzo commented we would be the assisting agency, providing assistance to the Sheriff's Department. MOTION: Council Member Genco made a motion to approve Resolution 101-05/06. Vice Mayor Paterno seconded the motion, which carried by unanimous 4-0 vote. 12. RESOLUTION 105-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida, Appropriating Unreserved Fund balance in General Fund #001, Increasing the 2005/2006 General Fund Budget, Account "Legal - Special" #001-140-531.310 by $70,000.00 and Authorizing the Village Manager to Proceed on behalf of the Village. Attorney Hawkins read for the record the title of Resolution 105-05/06. MOTION: Council Member Genco made a motion to approve Resolution 105-OS/06. Vice Mayor Paterno seconded the motion. (Vote at end of discussion) Council Member Genco commented she thought they had approved an appropriation just two meetings ago. Village Manager Couzzo explained that had been for $50,000 and now the total was $95,000 to date. He reported speaking with Mr. Guedes who indicated anything could happen at any time, and if there was a call for oral argument there would be costs involved. Attorney Hawkins stated that was unlikely to happen during this budget year. 9 Minutes -Village Council Regular Meeting 09/14/06 Page 10 • Village Manager Couzzo explained there would be roughly $25,000 as a buffer in case something happened in the next two weeks, and $25,000 had been budgeted in next year's budget. Council Member Genco asked the bottom line. Village Manager Couzzo responded $125,000 was his own estimate. If the appropriated amount was not all used, the balance would roll back into fund balance. Mayor Humpage noted the amount spent on Mr. Dalack represented 1/6 of the Village's entire budget and he wished the press was present. Council Member Genco commented that amount could have provided a significant improvement. Council Member Watkins commented that could have gone into the bridge fund. A member of the audience asked if the Village could hold an election to get rid of this problem; the response was nothing could be done until the appeal was over, and there was no legal recourse to recover the money spent by the Village. Vice Mayor Paterno commented since this was a civil rights case, if Mr. Dalack and the Village did not appeal to the Supreme Court, Mr. Dalack would possibly be entitled for payment of his legal bills but the Village would not. Attorney Hawkins recommended moving on. Motion carried 4-0. 12.1 RESOLUTION 106-05/06 - A Resolution of the Village Council of the Village of Tequesta, Palm Beach County, Florida Approving a proposal from the continuation of individual Medical Coverage for Employee Ernest McGee who is out on No-Pay Medical Leave of Absence. • Attorney Hawkins read for the record the title of Resolution 106-05/06. MOTION: Council Member Genco made a motion to approve Resolution 106-05/06. Vice Mayor Paterno seconded the motion. (Vote at end of discussion) Public Works Director Bob Garlo explained that Mr. McGee had been with the Village Public Works Department for 21 years, and had been out since July with a medical condition. Next week would be his last paycheck with the Village, but he would continue to be on an unpaid leave of absence potentially until February 7, 2007. Potentially when his paycheck stopped he would no longer receive benefits and he was facing major medical expenses. This proposal suggested the Village pay his portion of his medical insurance. Council Member Watkins expressed support. Mayor Humpage indicated he wanted to help, and noted Mr. McGee was to pay the money back but asked what would happen if he did not come back to work. Attorney Hawkins asked if he was married, since the Village could only go after his assets in the event he did not pay. Mr. Garlo advised that after February 7, under the CWA contract his employment would be terminated. Vice Mayor Paterno commented the humanitarian side of him wanted to help, but on the other hand Mr. McGee had sick days, although they might be used, and he would like sick days to accumulate and employees not get paid out for sick days so they would have them if needed. Village Manager Couzzo advised this was solely to keep Mr. McGee's insurance in place. Other employees had donated sick time to him. • Motion carried 4-0. 10 Minutes -Village Council Regulaz Meeting 09/14/06 Page 11 • Village Manager Couzzo left the room. 13. Discussion and possible action regarding annual Performance Recognition Compensation (PRC) for Village Manager. Mayor Humpage mentioned Council discussed this at the last Meeting and agreed to place on the agenda. He stated he reviewed the discussions and tried to highlight what their objectives were. He pointed out there was a comment which stated it should never exceed 15%. He asked if anyone had any suggestions. Council Member Genco suggested they identify what money they were looking for because she thought Village Manager Couzzo budgeted for his increase akeady. She commented once Council decided what the pool of money was they should each put it on a scale of 1 to 10 and turn the number in, and that would be the percentage of the pool of money. Council Member Watkins commented they went through this last yeaz where they came up with the percentage. Mayor Humpage pointed out historically it was one Council Member's job to decide the amount. He commented that was a hard way because of the burden that Council Member carried. He pointed out that was why they did not use that method last yeaz. Council Member Genco stated everyone was familiaz with what his total compensation package was which was comparable with Jupiter and most of the other communities in terms of the net package. Mayor Humpage commented he did not like to do that because he felt the decision should be made based on what was deserved and not based on comparisons. Council Member Genco stated originally when she negotiated it, rather than giving salary increases, she would maintain the budget on salary and the bonus was based on the percentage of savings the Village had. She explained Mr. Resnik changed the formula by increasing the salary and the pension by 3 fold. She stated the Village was still doing the same thing, as faz as, giving the Village Manager a bonus on top of the salary. She suggested Council look at the budget for the PRC then each Council Member would give their rating and a percentage based on it. She felt that was the fairest way to do it. Vice Mayor Paterno asked how much Council was considering as far as percentage, what was the base salary, and how much did they put aside in the budget. Council Member Genco stated the base salary was what Council should be looking at. Vice Mayor Paterno asked what that was. Council Member Genco stated she did not have the specific amount at the time and that would have to be provided by the Finance Director. She stated they had to look at the salary and multiply it by the percentage. She stated the salary should be approximately $120,000 but she was not certain. Council Member Watkins remembered last yeaz he was given $16,000 at 14.46% of his base pay. She asked if Council felt the percentage should be the same as last yeaz. Mayor Humpage felt that was a hard question to answer. Council Member Genco commented each Council Member had different goals and 100% of one Council Member's goals might have been achieved, which may warrant a 10 on their scale. Mayor Humpage commented he would not consider the percentage individually but based on all of Council's achieved goals. Council Member Genco commented each Council Member would evaluate Mr. Couzzo's performance as Village Manager based on what had the most importance to them. 11 Minutes -Village Council Regular Meeting 09/14/06 Page 12 Vice Mayor Paterno suggested it would be a percentage between 0 and 15% and they would evaluate based on that scale. He commented that would be easier and would follow the limitation of a maximum of 15%. He asked if they did the evaluation on a scale of 1-10 what would that represent in terms of percentage. Council Member Genco commented that would be another good way to do it. She asked Ms. Forsythe if she knew what the base was. Ms. JoAnn Forsythe, Director of Finance stated she did not know. Mayor Humpage referred to August 31, 2005 minutes, and stated it was $111,000 last year and $16,000 was given on top of that. Council Member Genco stated she thought he budgeted 20,000 because the Village also paid his taxes. She explained whatever the net bonus was; he was getting the tax reciprocal on it. Vice Mayor Paterno commented he did not know they did that. Mayor Humpage stated they did that last year and the $16,000 was the net number. Council Member Genco commented she didn't know till last year and she only found out afterwards. Finance Director Forsythe stated the actual amount was $21,754. Council Member Genco stated in order to give him the $16,000; they actually gave him $21,750. Vice Mayor Paterno asked how the taxes were added when he thought Council agreed on a number. He stated that is a 25% increase. Attorney Hawkins stated this was discussed among Council Members and there was documentation concerning the matter. He stated there was a discussion on the compensation agreement representing the net number. Council Member Genco stated there was not and she had double-checked it. She stated it was not part of his contract and explained Mr. Resnik did not negotiate it. She pointed out the contract was in existence prior to that and as a matter of a fact the contract was amended with the Mayor's signature without review, but with Council's approval and they were forced to accept it. Council Member Genco stated the total net versus gross was never discussed in the contract. Vice Mayor Paterno commented instead of 14.46%, it was over 20%. Attorney Hawkins stated he did not have it in front of him at the time but he has seen something in writing about it. Council Member Watkins asked Village Clerk Carlisle if she knew it was in the contract. Ms. Carlisle thought it was in the contract because last year this issue arose and Attorney Hawkins checked the contract and it said net amount. Council Member Genco stated Mr. Resnik approved some things after the fact and she voted against them because it was basically forced on Council. She stated she knew it was not in the original contract. She stated there was a possibility it was put in the supplemental and she may have missed it. Attorney Hawkins commented he had a general recollection of looking at it and he found it interesting himself but there was some written basis for it. He stated if Council wanted, they could gather the papers and see what was there. Council Member Genco commented when Council makes the allocation of what to compensate, they should consider the fact they were adding approximately 27% or 30% to that because the Village was paying taxes. Council Member Watkins asked if it had to be decided this evening. Council Member Genco stated Village Manager Couzzo liked to have it because the contract renewed in October. Council Member Watkins felt they should really look into what they were talking about. Attorney Hawkins expressed he understood and he was not present at workshops when this was discussed and he did not realize it would become an issue. 12 Minutes -Village Council Regulaz Meeting 09/14/06 Page 13 • Council Member Watkins stated she had no problem with a bonus but she wanted to know what the Village was paying him. Vice Mayor Paterno stated it was 45% above what Council agreed upon. Council Member Watkins thought they agreed on $16,000 last yeaz. Council Member Genco thought it was $16,000 and they paid him $21,754 so he netted $16,000. Council Member Genco pointed out Council did not realize Mr. Couzzo's 1099 was going to reflect the $21,000 the Village paid him, and that they were paying the taxes. She explained Council thought Mr. Couzzo would get $16,000 and he would pay his own taxes. Vice Mayor Paterno asked if there was a way to get the number down. He stated whatever Council decided on is total and if the contract stated taxes had to be added in the contract, he would want the taxes subtracted from the amount Council agreed on. Ms. Forsythe stated it was not that cleaz in the contract and that was why the discussion azose. Council Member Genco felt it was not cleazly stated in the contract. Vice Mayor Paterno pointed out Council agreed to no more than 15%. Ms. Forsythe suggested it be designed in such a way there is a total benefit package and bonus, where the Village does not pay the taxes. Mayor Humpage asked if 50% of his salary came out of the Utility Fund. Ms. Forsythe explained they have been taking the entire bonus from the General Fund. Mayor Humpage asked why if half of the Village Manager's salary comes from Utility Fund. Ms. Forsythe explained that part had to do with Mr. Couzzo being the Village Manager and not the Water Utility Director. She explained the bonus for being Village Manager was taken from the General Fund. Mayor Humpage felt they should not do that. Council • Member Genco asked if the Village was required to name a Water Utility Director. Mayor Humpage explained the Village always had one until Mr. Couzzo joined the Village as Manager. Council Member Genco asked why they had that title and commented it was confusing. Mayor Humpage explained it was for contract documents and negotiation for the water rights. Mayor Humpage asked Ms. Forsythe why they could not take 50% of the bonus out of the Enterprise Fund. He asked why it all had to come out of the General Fund. He asked Attorney Hawkins if he saw a problem with that. Attorney Hawkins felt it made good accounting sense. Council Member Genco agreed with that. Ms. Forsythe explained Mr. Couzzo was in two positions and the Finance Department classified his bonus as part of the Village Manager position so they put it with the Village Manager salary. Mayor Humpage stated he would like to see half taken out of the Enterprise Fund. Attorney Hawkins stated whatever the bonus was, 50% would be taken out of the Enterprise Fund. Mayor Humpage stated yes. Attorney Hawkins told Council they could put that in a motion at the time they make their decision. He suggested Council work from the number of last yeaz and make an adjustment based on what they did last yeaz. He also suggested they could get the documents out and look at them. Council Member Genco stated 10% would be $12,000 and 15% was $18,000 at a base salary of $120,000. Mayor Humpage stated that was an all in number. She stated yes. Mayor Humpage stated 50% would come out of the Enterprise Fund. Council Member Genco asked what percentage they were going for. • 13 Minutes -Village Council Regular Meeting 09/14/06 Page 14 . Council Member Watkins commented she looks at what the Village Manager offers to the Village. She commented he is creative; he is good at coming up with ways to get as much for the Village as he can, he is resourceful and he helped to do the salary study and acted upon it. She felt they should do what they did last year. She commented she was not aware that the gross amount was not the number they decided on. She stated as far as the number of $16,000 she would agree with. Council Member Genco asked if they were looking at $16,000 or would Council Members want to individually rate him and then have him get the blended. Council Member Genco assumed the maximum amount he would get was $18,000 and the minimum would be 10%, which would be $12,000. She summarized the budgeted amount was a little over $20,000. Ms. Forsythe stated this year the budget was $21,754. She explained it was based on the gross number last year. Council Member Watkins emphasized they looked at everyone's salary and with his contract his salary was the fixed COLA. Council Member Genco stated he got 18% pension. Mayor Humpage stated that was set by contract. Council Member Genco stated Mr. Resnik agreed on it. Mayor Humpage commented he agreed with Vice Mayor Paterno, the taxes would be included in the number decided. Council Member Genco commented she had standards of good, better than good, superior, and excellent. She stated excellent would be $18,000. She asked if everyone agreed on the excellent standard or were there different opinions. She suggested they should each put a percentage and Mr. Couzzo would get the blended percentage of $18,000. She felt they should individually rate him. She explained they would average it. • Attorney Scott Hawkins explained whatever the blended percentage was; it would be a percentage of the $18,000. Council Member Genco stated it was fair and they would each get to have input. She stated $18,000 was the total maximum with taxes included. Attorney Hawkins asked if Council would set a minimum for that because if it came to 25% Mr. Couzzo would just get $4,000. Council Member Genco stated that would only happen if they all rate him 0%, which would not happen. Vice Mayor Paterno stated he understood that concern. He stated there should be a minimum. Council Member Watkins asked if there was an easier way. Vice Mayor Paterno stated he agreed with Council Member Genco's method and they should have a minimum of $6000 in case they all gave him a 0 rating. Council Member Genco stated the minimum would be $6000. Attorney Hawkins felt there was an easier way and suggested each Council Member pick a number between $6000 and $18,000. He explained if one picks $8000, one picks $12,000, and average the numbers; they could use the average of the whole numbers as the bonus. Council Member Genco preferred not to publicly note what the number was. She explained she wanted to do a ballot and commented she did not want it to reflect on anyone. Council voted in ballot form. Vice Mayor Paterno stated their votes would have to be announced in the public proceeding. Council Member Genco stated Village Clerk Carlisle would give the percentage. Ms. Carlisle stated Attorney Hawkins would do that. Council Member Genco stated the auditor could give the percentage. Attorney Hawkins stated if Vice Mayor Paterno voted 75%, it had to be noted in the public record. Council Member Genco stated she did not • think they had to. Mayor Humpage referred to the time they had to sign the ballot for the Mayor and they had to give it to the Village Clerk to keep. 14 Minutes -Village Council Regulaz Meeting 09/14/06 Page 15 • Village Clerk Carlisle stated it would be a public record. Attorney Hawkins stated he did not think they could vote and not have it attributed to a specific voter. Mayor Humpage commented he had no problem with making his vote public. Council Member Watkins commented they were voting based on what they honestly believed he deserved for a bonus. Council Member Genco asked Attorney Hawkins to read the percentages to them. Attorney Hawkins listed 85%, 80%, 75%, and one at $16,000, which would be equivalent to 89%. Vice Mayor Paterno calculated the averaged percentages which was 82.25%; a total of $14,805. Mayor Humpage stated when they do the motion, 50% of the $14,805 would come from the Water Enterprise Fund and it would be a gross amount. Vice Mayor Paterno asked Attorney Hawkins to put it together so it would not be changed later. Attorney Hawkins commented based on his observation the bonus was a decrease from last year. He asked if numerically that was what Council intended. Council Member Watkins commented it was not her intent. Council Member Genco stated she didn't think they were going to go the total including taxes. Mayor Humpage stated the reason it was smaller was it didn't include taxes on top of it. Attorney Hawkins stated it was $16,000 last year. Council Member Watkins stated last year it was at 14%. Vice Mayor Paterno stated they paid Mr. Couzzo $16,000 in real dollars and this year it would be $14,805. Attorney Hawkins commented he was not advocating either way but he just wanted to clarify the issue. Council Member Watkins asked if Council was comfortable with it • being less than last year as a percentage of his salary. She expressed she was not. Council Member Watkins stated it was her opinion. Mayor Humpage stated it was all right if Council Member Watkins wanted to give Village Manager Couzzo the same amount as last yeaz but pointed out it was a little over $20,000. Council Member Watkins stated she was talking about the percentage of last yeaz at 14.46%, which was $16,000. Mayor Humpage commented Mr. Couzzo does a good job and he understood how Council Member Watkins felt. He referred to the time they were reviewing the budget and salaries and they wanted to adjust salaries. He pointed out they said some of the Department Heads were fine, because their salaries were within the range. He stated Mr. Couzzo's salary was one of those. Attorney Hawkins stated the motion would be to award for the current PRC period, a gross PRC equal to $14,805 and that sum would be paid 50% from the General Fund and 50% from the Utility Fund, that number would represent a gross number, and the tax burden associated with that number would be up to the Payee. Council Member Watkins asked if she could vote against it on the basis she felt it should not be less than last yeaz's percentage. Attorney Hawkins said yes. Attorney Hawkins stated that was the motion that needed to be adopted. MOTION: Council Member Genco moved for the PRC to be in the amount of $14, 805 with the tax burden up to the Payee, of which the SO% of the total amount would be paid from the General Fund and the other SO% would be paid from the Utility Fund. Vice Mayor Paterno seconded for discussion. 15 Minutes -Village Council Regular Meeting 09/14/06 Page 16 . Mayor Humpage stated Council Member Watkins would like to keep it the same as last year with a $2000 difference between this year and last year. Attorney Hawkins stated according to the records last year, the percentage was 14.46% and now they wanted to give 12%. Council Member Watkins pointed out it was $21,000 based on 100% and roughly $16,000 of salary. She stated that was what they had to look at. Mayor Humpage explained they had to leave the 14.4% alone. Council Member Watkins stated she thought it was $16,000. Council Member Genco stated they thought it was $16,000 but it was not. Mayor Humpage explained Council Member Watkins was all right with the 14.4% and she would be all right with the 14.4% this year, the same as last year, with the taxes included. Council Member Genco stated they gave him 18% last year. Mayor Humpage explained that was not what Council Member Watkins was saying. He explained 18% was not accurate and that was not the base number. Council Member Genco stated 18% was in his 1099. Mayor Humpage explained Council Member Watkins wanted to give hirn the same percentage of his base. Vice Mayor Paterno stated they were talking about $16,000. Attorney Hawkins explained Council Member Genco was saying Mr. Couzzo grossed $20,000. He stated this would be an issue and he remembered reading documents that support the gross amount. Council Member Watkins stated if it were stipulated in the contract, they would have no choice but to do that. Council Member Genco stated she understood Council Member Watkins compassion and understanding but commented Council did that for 3 years, she did not know this, and she found out by accident. She stated she was never told. Council • Member Watkins stated whatever the 14.4% works out to be; it would be all inclusive of taxes but if there was something in the contract that Council agreed to, which states taxes are to be added to the bonus then there would be no choice. Vice Mayor Paterno suggested if the contract stated such a premise, they would reduce the number and then add taxes. Attorney Hawkins reiterated Mr. Couzzo would get $14,805 and if that were meant to include taxes then the net number would be reduced. Council Member Genco stated they would report $14,805 to the Government. Mayor Humpage commented he was all right with it because if he got a 12.2 % raise; he would be happy with that. He felt it was fair. MOTION: Council Member Genco moved to approve the PRC in the amount of $14, 805, of which SO% would be paid from the General Fund and SO% would be paid from the Utility Fund with the tax burden up to the Payee. Vice Mayor Paterno seconded the motion. Motion passed 3- 1, with Council Member Watkins dissenting. XI. ANY OTHER MATTERS Events Funded by the Baptist Church Mayor Humpage pointed out the Baptist Church completely funded the Fall Halloween Festival which 2000 kids attended from all over Tequesta, and they also funded the Easter Egg Hunt. He mentioned 10,000 eggs were put out. He stated they were also the major contributor to National Night Out. Council Member Genco asked if the Village provided all the police coverage. Mayor Humpage stated yes but the Church did all the • refreshments. He pointed out the church spends approximately $10,000-$20,000 on Tequesta children every year. 16 Minutes -Village Council Regular Meeting 09/14/06 Page 17 Council Member Genco suggested they see if Parks and Recreation could do something. Council Member Watkins felt the Village needed to put money and at least contribute food into the budget. She commented they needed to be reimbursed. Vice Mayor Paterno suggested Parks and Recreation rent the trailers, pay for the hotdogs, and the Church would plan the events. Mayor Humpage commented the Village did not do anything with those events and they were very expensive. He referred to the $9500 that was turned back in under Charitable Donations and had not been spent. He pointed out the Fall Fest was on September 28, 2006. Council Member Watkins pointed out Parks and Recreation Supervisor Greg Corbitt did not budget it and the Village would have to find the money. Mayor Humpage pointed out there was $9500 they turned in. Council Member Watkins suggested that money be put into the Parks and Recreation budget. Council Member Genco stated if they needed to approve a transfer of $1000, they would do that but suggested Mr. Corbitt submit it, and Ms. Forsythe would know where to transfer it from and what to increase and what to decrease. Mayor Humpage stated they should put a cap on it. Council Member Genco stated she did not want to put a number on it, she would leave it to Mr. Corbitt to facilitate and he would tell them what he could do. Mayor Humpage pointed out the Pastor of the Baptist Church called him and asked if they had all the wires from last year put away because he was going to set up the Fall Fest. He stated it was then it came to light how much they did and how much they spent. He felt the Village should help them. • Vice Mayor Paterno stated he understood what Mayor Humpage was trying to do but the Village could not donate to the Church itself, so the Village should work with them, and the Village needed to pay some of the cost directly to the Parks Department. The Easter Egg Hunt was done in the Park. Council Member Genco stated there were little things the Parks and Recreation Department could do as an addendum. Ms. Forsythe suggested it could be placed in the accounts for special events. XII. ADJOURNMENT MOTION: Council member Watkins moved to adjourn the Meeting; seconded by Vice Mayor Paterno; motion passed 4-0. Therefore, the meeting was adjourned at 10:31 p.m. ~,~-G-~-2 ~'~t. wen Carlisle Village Clerk CJ 17