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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_09/08/2011 MINUTES VILLAGE OF TEQUESTA WORKSHOP VILLAGE MANAGER'S CONFERENCE ROOM TUESDAY, JUNE 16, 2011 Call to Order and Roll Call The meeting was called to order by Mayor Tom Paterno at 8:32 a.m. A roll call was taken by Village Clerk Lori McWilliams. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan, and Council Member Humpage, Council Member Calvin Turnquest. Also in attendance were: Village Manager Michael R. Couzzo, Jr., Village Clerk Lori McWilliams. Village Attorney White was absent. 1. Budget Planning and Strategy Session — Village Manager Couzzo Manager Couzzo offered a bleak report of world and local news but, noted how good Tequesta was economically. He suggested a three-year strategy be developed, then reviewed trending analysis graphs, which represented Tequesta's General Fund. He assured Council that the Village had done a good job maintaining their budget and reviewed revenues outlook and reserves, general fund revenues versus expenditures and budgeted versus actual; all of which were right on target. Manager Couzzo suggested that the graphs and expectations be discussed by Council. Manager Couzzo discussed the basic assumptions regarding the 2011/2012 budget and believed that would not increase the ad valorem; Council agreed. He pointed out the property values had been reduced 2.5% by the Property Appraiser and noted the impact of the reductions on the Village. Manager Couzzo assumed the current millage rate would remain the same to which Council agreed. Manager Couzzo stated the reserves would remain as they were, not tapping into the general fund reserves to balance the budget; Council agreed. He added there would be no reduction in the level of service to the residents. Mayor Paterno felt service should not be reduced but believed positions could be. Manager Couzzo responded there were no plans to cut programs, services or hours of operations. Mayor Paterno felt internal transfers could be made. Manager Couzzo explained the budget would be balanced this year due to the building department permit fees from the GMH and Chase Bank projects and, a onetime revenue from the capital improvement fund for the reimbursement of the Tequesta Drive Bridge project and Arcadis which would allow the Village to leave taxes unchanged. He noted the police and fire contained two thirds of the budget due to the type of services provided. He noted the two departments had been Minutes — Village Council Workshop 6/1611 Page 2 supplemented with volunteers and reservists, which helped keep down expenses, but questioned if the Village could sustain these types of programs. Manager Couzzo pointed out the pension funding requirements of the Village and the liability of the Fire Chiefs potential (lump sum) pension payout of $740,000 (which represented 15% of the total public safety investment). He explained the way the funding had been originally set up, which allowed this type of accumulation. Mayor Paterno asked if the Village Council had to approve the payout. Manager Couzzo responded no, the Village was not the plan. Council Member Turnquest inquired if it would be acceptable fior Council to let the board of trustees know they would prefer not to allow the large payout. Manager Couzzo stated he believed that would be acceptable. Mayor Paterno suggested that Manager Couzzo explain to the Pension Board the negative impact the large payment could have on the Village; however, he stated his understanding that the trustees first duty was to the plan. Council discussed sending a letter to the Pension Board asking them to consider deferring the vote on the Fire Chief's one time lump sum payout. Mayor Paterno pointed out that the Fire Chief would also receive, in his retirement, a separate $340 per month for health insurance. Manager Couuo explained the increased benefit costs such as health insurance if the two Community Development part time employees were to go full-time. He noted the option of a third part time employee being hired and the difficulty in attracting good part-time employees. Manager Couzzo noted that the Special Events Coordinator position was not proposed within Parks & Recreation budget for the next year, but was proposed in the fire department budget (for a part time 30 hours week position). He discussed the allocation of approximately 30% of time for Chief Weinand and Joanne Burnsed to Community Development per standard government accounting practices and that basic operations remained unchanged. Manager Couzzo explained the capital side of the budget would include one new road patrol vehicle, replacement truck in public works and a bucket truck as a cost share between water, storm water and public works. Council Member Brennan inquired about fire truck replacement and Manager Couuo stated one would be included in the budget next year. Council Member Humpage voiced concern with non-recurring revenues and pointed out three areas that he believed needed work and noted there were no funds in the budget for a new police chief. 1. He noted the Inspector General cost of $10,000 and questioned if the Village was bound to pay; Minutes — Village Council Workshop 6/1611 Page 3 2. He favored bringing on another part-time employee in Community Development and stated the reason the budget was balanced was due #o the GMH permit fees, which would not reoccur, therefore, next year's budget for Community Development would be considerably less. He stated he did not support the finro employees going full-time and discussed the benefits of part time employees. He commented on part time employees receiving 17 days off. 3. He discussed the Special Events Coordinator position moving from Parks and Recreation to Fire as unnecessary. Mayor Paterno and Council Member Arena agreed. Mayor Paterno suggested eliminating and additional $75,000 by going to one person in charge of police and fire. Council Member Humpage stated this was previously attempted and the residents did not approve. He felt this change would need to be taken to the citizens for their input. Mayor Paterno stated it was a simple concept and the Village did not need two people managing both departments. Council Member Humpage stated it was time to think abowt the future need to replace department heads due to pending retirements and the Village needed a transition plan. Manager Couzzo advised Council the current acting police chief, Rick Ricciardi, had requested to be transferred to the position of Captain, which would leave a void at the Chief level. He explained the Village would be short to pay for a new police chief, which was the same scenario as when McCollom left. He stated there were two police personnel who voiced interest in moving into the Chief position, thus ultimately saving the Village money; there were pros to considering this and potential disadvantages. Council Member Humpage reiterated the need to look for department heads to fill future retirements and the Manager explained how the transfer of an in-house employee to Police Chief would work. Manager Couzzo asked Council if conceptually they wanted to stay inside or look outside for a Chief. Council Member Humpage noted it would be more costly to go outside and the Manager agreed and believed now, when you look at all the returns, risks and costs, inside was the best way to go at this time. Council Member Humpage suggested forming a chain of command in the police department to assist with future transitions. Manager Couzzo stated the new Chief would need to determine the value of the Captain position. Council discussed the fire contract with Palm Beach County and future millage rates. Mayor Paterno voiced his concern with the ongoing overtime in the fire department and extras in the Village's budget that had added unnecessary cost. Minutes — Village Council Workshop 6/1611 Page 4 He also suggested the community be encouraged to work with the Village to improve impaired areas, which he felt would increase property values. Manager Couuo referred to the budget graphs and noted that Council's decision not to raise taxes, were impart, affecting the imbalance. Mayor Paterno stated that Council's decision to not dip into the reserves had been a smart move for the Village's financial condition. Council discussed past projects, which affected the budget. Mayor Paterno stated revenues needed to be increased and, at some point, funds needed to be placed back into the capital fund. Manager Couzzo pointed out that 25% of the budget was depleted on capital and the Village now had those expenses behind them. Vice Mayor Arena suggested that all overtime be approved prior to time worked. Manager Couzzo responded that it would be difficult to monitor. He noted that $150,000 was spent in overtime on police and fire. Vice Mayor Arena asked if the Village was getting the best interest available on its revenues. Manager Couzzo responded yes, for the most part but rates were extremely low. Vice Mayor Arena suggested placing a limit on overtime of $50,000. Manager Couuo and Council offered suggestions to rein back overtime expenses and agreed the Police Chief must get the overtime under control. He commented on the economies affect on rising expenses and lower revenues. Council Member Brennan stated that each department head had their own roles and were not accountable for others duties. Council Member Humpage voiced his concerns that the current short fall of over $600,Q00 was being made up by non-recurring revenues. He believed this was only postponing the shortage and, an additional three percent, which would bring next year's budget deficit to eight to nine hundred thousand. Council Member Humpage added that the fund balance would need to be utilized and if annexation were obtained that would generate much needed additional revenues. Manager Couzzo noted other projects in the pipeline that would, at some point generate revenues for the Village. Council Member Humpage stated that Council had been determined to avoid a reduction in the Village reserves but, now that sentiment would need to change. He suggested making appropriate announcements and pointed out the advantages of a.5 millage rate increase. Mayor Paterno voiced his opinion that there were plenty of choices, which could save the Village money. Council Member Turnquest voiced his concerns with existing staff and upcoming changes, which would affect the budget. Minutes — Village Council Workshop 6/1611 Page 5 Manager Couzzo reiterated the focus needed to be on annexation and an adjustment to the millage rate. He stated that care should be taken in not removing the enhancements of the area, whe#her it was parks and recreation or service, which he believed drew people to the Village. He suggested Council go to the County Commission and voice their concerns regarding the 25% increase in two years. Council Member Brennan responded that the Village could not continue to avoid raising Village taxes just to soften the blow of the County's actions. Mayor Paterno reiterated that he would like to act upon raising the property values too. Council Member Humpage felt that annexing the Jupiter Inlet Colony (JIC) would be beneficial to the Village and pointed out the counties agreement details (with Jupiter Inlet Colony) and noted the County received a fairly good amount of revenues from that agreement at present. He noted his conversations with JIC where he encouraged them to negotiate with the Village before their contract with the County ended in 2013. Manager Couzzo stated he would have a new refined budget to offer the Council and he planned to make the Chief change in the police department in July. He stated how important it was for the Village and Council to stay proactive and remain informed. ANY OTHER MATTERS None ADJOURNMENT MOTION: Council Member Tumquest moved to adjoum the meeting at 8:32 a.m.; seconded by Council Member Brennan, mofion carried unanimously 5-0. Respectfully submitted, Lori McWilliams, MMC Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES AUGUST 11, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 4:01 p.m. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Tom Paterno, Vice-Mayor Vince Arena, Council Member Jim Humpage and Council Member Abby Brennan. Also in attendance were: Village Manager Michael R. Couzzo Jr. and Assistant to the Village Clerk Deanna Mayo. Council Member Calvin Turnquest was absent attending the Florida League of Cities conference. APPROVAL OF AGEPIDA MOTION: Council Member Humpage made a motion to approve the amended agenda dated 8/11/11 as submitted. Vice Mayor Arena seconded the motion, which carried by unanimous 4-0 vote. PRESENTATIONS 1. Presentation on Updates and Discussions Relative to the Inspector General's Office and Budget Village Attorney White reported she had attended the discussion at the Inspector General's Office as General Counsel representing the League of Cities, and she disagreed with the others present regarding their position that the taxpayers would not bear this burden. There were now some cities that believed this was an unfair and illegal tax. She expressed her opinion that this was an arbitrary method of assessing the cities and explained that in October the Village would receive a tax bilt, but the only way collecfiion could be enforced would be if the Village agreed to pay. Some of the cities were contemplating a lawsuit. She discussed problems associated with this funding mechanism. Village Manager Couzzo indicated this was only an update, and would be discussed further during budget workshops. Attorney White announced she would continue to stay on top of this matter, and would make a recommendation in September. 2. Proclamation Declaring August as Fire Fighter Appreciation Month Assistant to the Village Clerk Deanna Mayo read aloud the Proclamation Declaring August as Fire Fighter Appreciation Month. Fire Fighter Ray Giblin thanked the Village and indicated the Fire Fighters were proud to support the MDA charity. Special Council Meeting Minutes — August 11, 2011 Page 2 3. Council Approval to Continue to Allow the Village's Fire Rescue to Participate in the MDA Program as an OfFcial Sponsored Village Event and to Allow the Vitlage's Fire Equipment and Offiicers to be Onsite During MDA Boot Drives Village Manager Couuo advised the Firefighters would be conducting the MDA boot drives on their own time and would take the Village's pickup truck to the site, which would be the only cost to the Village. MOTION: Council Member Humpage made a motion to allow the Village's Fire Rescue to participate in the MDA Program as an official sponsored Village event and to allow the Village's Fire equipment and o�cers to be onsite during MDA Boot Drives. Council Member Brennan seconded the motion, which carried by unanimous 4-D vote. ITEM WITHDRAWN ON 8/9/11 BY REQUESTOR OF APPEAI� TIME CERTAIN 5:00 P.M. 4. Council Consideration of Appeal by Cliveden Jupiter Island Condominium Association, Inc. and LaMar Condominium Association, Inc. Appeal of Village Staff interpretation of building height measurements in the R-3 Zoning District as applied to a proposed 2,904 square foot, two story pool and fitness accessory building at 400 Beach Road. ANY OTHER MATTERS Village Manager Couzzo announced representatives of the Loxahatchee Guild were present to speak regarding saving the old train depot on Seabrook Road. The Guild President Joan Lever, explained the depot's historical significance and provided a handout of their proposed timeline for action. Mary Therese Delate, Guild member explained the action taken since the last meeting and commented the original depot location had been at Johnston Park, across from Bell's Mobile Home Park. Jupiter Mayor Karen Golonka officially confirmed the Town of Jupiter was interested in preserving the depot. She reported they had found it could be moved and had discussed possible locations, and the Jupiter Town Council had directed staff to explore the possibility of moving the depot to Jupiter. Their next step would be to prepare cost estimates, explore funding mechanisms, and a viable location. She asked they be allowed until the October meeting to work on this matter. Council Member Humpage commented he had no problem with waiting, but cautioned that Department of Transportation could cause further delay. Mayor Golonka advised by October they would have enough information to be able to commit or not. Consensus of Council was to wait until October. Special Council Meeting Minutes — August 11, 2011 Page 3 Village Manager Couzzo announced representatives Bob Lawson and Tom Jensen from Arcadis were present in regard to settlement for costs associated with changes during the bridge construction. He had been working with them, and the current figure was $88,000, down from about $176,000. Mr. Lawson indicated their offer was higher than they felt they were responsible for, but Tequesta was a long term client and they wished to show their appreciation. Attorney White advised this would need to be added to an agenda in order to take action. Discussion ensued. MOTION: Council Member Humpage made a motion to add to this agenda Item 4- For Consideration of Arcadis Engineering Issue; seconded by Vice Mayor Arena and carried by unanimous 4-0 vote. MOTION: Council Member Humpage made a motion that the Village Manager and Village Attomey prepare the appropriate paperwvrk and accept the offer from Arcadis of $88, 000 to settle the engineering issue; and with the proper re/eases and indemnifrcations on the issues at hand; seconded by Council Member Br�ennan; and carried by unanimous 4-0 vote. Attorney White advised this did not have to come back before the Village Council because the Village Manager had previously been authorized. Village Manager Couzzo commented that in the current budget, a study by Arcadis on the entire water utility had been approved, which was now 75%-80% finished. It laid out a 25+ year plan addressing the entire utility and how to address and pay for proposed improvements in 5-year increments. It included everything except electrical analysis and instrumentation analysis, which would be provided soon. He cautioned not to read the report as if replacements were mandatory. Regulatory changes were not included. Mayor Paterno commented this would be brought up as a budgetary item. The Manager commented this was a planning document. Village Manager Couzzo reported demolition would start next week on the finro other buildings on Seabrook Road, using Village personnel. Village Manager Couzzo reported since changing to Attorney White's firm the Village had saved approximately one-half the previous cost. The Village Manager reported final touches were being made to the budget for the workshops. Special Council Meeting Minutes — August 11, 2011 Page 4 Village Manager Couuo commented on the recent volatility of the stock market, and how it had affected the pension funds. Mayor Paterno noted that the market remained negative since the fiscal cycle was near end and, an actuarial report would potentially show the Village with 8% to make up in the budget going forward. Tom Bradford, 44 Chestnut Trail, suggested smoothing over five years to lessen the impact. The Village Manager noted that on the Village Council meeting agenda for tonight was changing the police portion of the Public Safety O�cers' Pension from defined benefit to defined contribution. Mayor Paterno expressed his opinion it was outrageous the bridge contractor was getting paid for days they did not work, just because they had been allotted those days. The Village Manager advised that was the State's decision. Mr. Bradford inquired about the agenda item regarding Cliveden's appeal. It was explained this item had been withdrawn. ADJOURNMENT MOTION: Council Member Humpage moved to adjoum; seconded by Vice Mayor Arena; the motion to adjoum carried unanimously 4-0; therefore, the meeting was adjoumed at 5:48 p.m. RespectFully submitted, Deanna Mayo Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MINUTES VILLAGE OF TEQUESTA VILLAGE COUNCIL REGULAR MEETING MINUTES AUGUST 11, 2011 CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Tom Paterno at 6:01 p.m. A roll call was taken by Assistant to the Village Clerk Deanna Mayo. Present were: Mayor Tom Paterno, Vice Mayor Vince Arena, Council Member Abby Brennan and Council Member Jim Humpage. Also in attendance were: Village Manager Michael R. Couzzo, Jr. and Attorney Keith Davis. Council Member Calvin Turnquest was absent attending the Florida League of Cities conference. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Arena provided the invocation and led the pledge of allegiance. Mayor Paterno asked that Commissioner Hayes speak on item 18 as he was unable to stay for the length of the meeting. Patrick Hayes, Martin County Commissioner, voiced his concern with the Jupiter Lighthouse Shoreline Stabilization Project and offered a history regarding the areas beach access and shoreline erosion. He noted opposition from Martin County and others and asked for support from Tequesta on the denial of the project as proposed. APPROVAL OF AGENDA Manager Couzzo asked that items five and eight be pulled from the agenda as they had been adequately taken care of. Mayor Paterno noted that item 8a had been added to the Regular Agenda. MOTION: Council Member Humpage moved approval of the agenda with items five and eight; seconded by Vice Mayor Arena; motion carried unanimously 4-0. CONSENT AGENDA MOTION: Council Member Humpage moved approval of the Consent Agenda; seconded by Council Member Brennan; motion carried unanimously 4-0. 1. MINUTES: 7/14/11 Regular and 7/22/11 Special 2. Council Approval of Contracts Signed by Manager under $25,000: FDG Flagler Station II LLC and Village of Tequesta Real Estate Lease 12 Month Renewal; Law Offices of Perry & Jensen Proposal to Amend the Public Safety Officers' Pension Trust Pension Plan; ZOLL Defibrillators 1 Year Contract for Extended Warranty and Minutes — Regular Council Meeting 8/11/11 Page 2 Preventative Maintenance; and CivicPlus Service and License 1 Year Agreement for Website Redesign, Hosting and Support 3. Council Approval of Manatee Protection Plan Interlocal Agreement for Law Enforcement Services between Palm Beach County and the Village of Tequesta 4. Approval of the Renewal of a 1 Year Agreement with the Florida Municipal Insurance Trust (FMI� for Property, Liability, Automobile and Workers' Compensation in the Amount of $308,552 for FY 2011/2012 REMOVED FROM AGENDA 5. Resolution 17-11. Authorizing the Use of $8,195.00 from the Special Law Enforcement Trust Fund to be Used to Purchase a Computer Voice Stress Analyzer 6. Council Approval of $500 Donation from Council Member Arena's Expense Account for River Center 7. Resolution 13-11, Adopting a Fund Balance Police for Governmental Funds in Accordance with GASB Statement No. 54 REMOVED FROM AGENDA 8. Council Approval of Mutual Aid Agreement between the Martin County Sheriff's Office and the Village of Tequesta for Law Enforcement Services at Tequesta Park END OF CONSENT AGENDA COMMUNICATIONS FROM CITIZENS William J. Taylor, 1 Bayview Court, offered a petition which requested the Village continue to maintain the Dewitt Place right-of-way. COMMUNICATIONS FROM COUNCIL Council Member Brennan noted the success of a recent drug sting operation with several entities involved. REGULAR AGENDA NEW BUSINESS Minutes — Regular Council Meeting 8/11/11 Page 3 8a. Council Approval to Co-sponsor Request for Friends of Public Safety Golf Tournament Scheduled for October 24, 2011 Attorney Davis explained the item and noted Council Member Humpage would need to fill out a conflict of interest form and could not participate in discussion or approval of the item. Chief Weinand asked for the Village to co-sponsor the Friends of Public Safety Golf Tournament event which the Village had been involved in over approximately ten years and was also where monies where raised for the Village Memorial. MOTION: Council Member Brennan moved approval; seconded by Vice Mayor Arena; motion carried unanimously 3-0 9. Council Approval of Application for Re-plat of Parcel 2 of ALS Plat of the Village of Tequesta Attorney Davis noted the Village process relating to the item. Mayor Paterno stated the applicant and the Village were in agreement. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval; seconded by Council Member Brennan; motion carried unanimously 4-0. 10. SPR 02-11 - Site Plan Review, to utilize an existing 118,716 square feet three-story building and adjacent grounds as a Rehabilitation Facility. The application includes a proposed landscape plan, and one (1) monument sign. The address of the proposed site is plan is 217 Village Blvd Attorney Davis noted the Village process relating to the item and swore in the following persons: Chief Weinand, Acting Director of Community Development Nilsa C. Zacarias, Village planning consultant Stephen J. Parker, Village Landscaping Consultant R. Trent Ebersole, Village Traffic Consultant Shaun Gallagher, GMH Ernie Facchine, GMH Janice Cabrera-Frias, DeRose Design Consultants, Inc. Lawrence Smith, Attorney (GMH) Benjamin Dolan, Landscape Architect (GMH) Minutes — Regular Council Meeting 8/11/11 Page 4 Attorney Davis requested ex-parte communications from Council. Council Member Humpage noted he had conversations with Steve Parker the Village architect and Shaun Gallagher of GMH. Council Member Brennan stated she had none. Mayor Paterno confirmed he spoke to the applicants during the process. Chief Weinand noted the history regarding the item and that compliance with the Village was obtained. Mayor Paterno opened the public hearing for comments. Council Member Humpage referenced past struggles with the property and thanked Council and Village residents for their endurance. He thanked GMH for going above and beyond and Village staff and Steve Parker for their hard work. Chief Weinand noted GMH had submitted their landscaping application to Palm Beach County. MOTION: Council Member Humpage moved approval of SPR 02-11; seconded by Council Member Brennan; motion carried unanimously 4-0 11. Ordinance 14-11, First Readinq, Amending Exhibit "B" of Section 2-30 of the Code of Ordinances Village of Tequesta Relating to the Employees Pension Trust Funds; Implementing the Terms of the PBA Collective Bargaining Agreement Opting Out of the Chapter 185 Money; Closing the Plan to New Police Officers Hired on or After October 1, 2011; Clarifying a Retired Members Ability to Change Joint Annuitants Under Florida Statutes §175.333 and §185.341; Clarifying the Other Amount of Distributions Under the Optional Forms of Benefits Attorney Davis read Ordinance 14-11 title into the record. Mayor Paterno voiced his concern with lump sum payments. Manager Couzzo noted a recent retirement that requested a lump sum payment and the board's response had approved a lump sum payment up to 25% for the request at hand and any future request. Council Member Humpage asked if the decision would impact collective bargaining. Fire Chief Weinand responded that the change could not be made without negotiations. Manager Couzzo pointed out that the recommendation had been prepared by the Public Safety Pension Board and their Attorney but, agreed with Chief Weinand and suggested leaving the existing language and eliminate the added change or the item could be removed from tonight's voting entirely. Manager Couzzo suggested Council make a recommendation to the pension board regarding their position on lump sum distribution issues. Fire Chief Weinand reiterated that policy was set at 25% for lump sum payments by the Public Safety Pension Board. Minutes — Regular Council Meeting 8/11/11 Page 5 MOTION: Council Member Humpage moved approval of Ordinance 14-11 with the omission of the new language under section C of section 12; seconded by Vice Mayor Arena; motion carried unanimously 4-0. 12. Approval of Health Insurance Renewal with Cigna Insurance and Dental Renewal with MetLife Insurance Merlene Reid, Human Resources Director, thanked all persons involved with the renewal process. Ms. Reid explained the increase, overall, was 16 percent (down from the original estimated figure). She stated that the Village planned to implement an HRA (Health Reimbursement Account) plan in the near future. Manager Couzzo noted that employees would see an increased deduction from their pay regarding insurance premiums. Manager Couzzo explained that public safety had negotiated their contract to not have the insurance cost increase implemented for the next two years and, in trade new hires would have a defined benefit plan versus a defined contribution, with an option to contribute to their retirement, which the Village would match up to five percent. He believed the change would be beneficial (long term) and the Village would save millions. Manager Couzzo felt other municipalities would gravitate to the defined benefit plans. Council Member Brennan confirmed that the insurance increase to employees would be in excess of their yearly increase. Mayor Paterno stated that everyone would need to adjust to the tough economic times. MOTION: Council Member Humpage moved approval; seconded by Council Member Brennan; motion carried unanimously 4-0 13. Council Discussion Regarding Retail Inventory Affidavit Attorney Davis offered a brief explanation of the item. Council Member Humpage voiced his feeling that the 1977 Ordinance was un-proportionately unfair and requested that Council direct Manager Couzzo to work with Community Development for alternatives. Chief Weinand, Acting Community Development Director responded that the process was by Florida Statue and the change would be a lengthy procedure. Consensus of Council was for Manager Couzzo and Community Development to perform a study to be brought back to Council. 14. Ordinance 13-11, First Readinq, Amending the Village Code of Ordinances at Chapter 54. Offenses. By Repealing all Local Regulation of Firearms and Ammunition as Set Forth in Sec. 54-4 Minutes — Regular Council Meeting 8/11/11 Page 6 Attorney Davis read Ordinance 13-11 into the record. Mayor Paterno opened the public hearing to Council for comments; there being none he opened the hearing to the public. There being no public comment the public hearing was closed. MOTION: Council Member Humpage moved approval of Ordinance 13-11; seconded by Vice Mayor Arena; motion carried unanimously 4-0 15. Report on Drainage Project from Seabrook to Short Avenue Manager Couzzo offered an explanation on two options for the drainage project which included repair versus replacement. He noted that the job would include road closures from 90 to 120 days and most likely would continue through the holidays. Council Member Humpage suggested putting off the project until a more suitable time frame to which Manger Couzzo responded would be fine. Vice Mayor Arena questioned price difference between the two. Manager Couzzo stated the costs were close and the job was not pressing. Mayor Paterno felt the price at hand was good and there would not be a good time to close roads. Council Member Brennan supported putting the job off as there was no danger with leaving the road as is and agreed timing could be better. MOTION: Council Member Humpage moved to postpone the drainage project and move appropriated funds to fiscal budget 2011/2012; seconded by Council Member Brennan; motion carried unanimously 4-0 16. Council Discussion and Action on Florida League of Cities Proposed Resolutions MOTION: Council Member Humpage moved approval of the Florida League of Cities Resolutions; seconded by Vice Mayor Arena; motion carried unanimously 4-0 17. Council Discussion and Possible Action Regarding Allowing Dogs in Paradise Park Manager Couzzo offered details on the item. Council Member Humpage questioned the Village's leash law. Police Chief Pitocchelli responded that the leash law would be enforced. Council Member Humpage stated there was an Ordinance which also addressed and fined owners who did not pick up after their dogs. Council Member Brennan suggested adding signage around Paradise Park's perimeter stating Village rules and the intention to enforce them. Manager Couzzo suggested the addition of doggie bags be added as well. Consensus of Council was to enforce the Village's leash and feces removal rules and to place signs around perimeter of Paradise Park along with doggie bags. Minutes — Regular Council Meeting 8/11/11 Page 7 18. Update to Council on Joint Application for Environmental Resource Permit Authorization to Use Sovereign Submerged Lands — Shoreline Stabilization and Restoration Application (Jupiter Inlet Lighthouse Outstanding Natural Area) Mayor Paterno explained details associated with the Jupiter Inlet Lighthouse Outstanding Natural Area (JILONA) and their intentions regarding the Shoreline Stabilization and Restoration. He noted he did not support the extent of the project and suggested a letter stating such be forwarded, by the Village of Tequesta Council to the Florida Department of Environmental Protection. Council Member Humpage stated his support for the Mayors stance. Consensus of Council was to send a letter of non support. 19. Discussion and Approval of Performance Recognition Compensation (PRC) for Village Manager Manager Couzzo exited the meeting. Council Member Humpage noted that Manager Couzzo had done a great job for the Village but economic times were tough and, suggested eliminating the PRC clause from future contracts. Vice Mayor Arena noted employees had not received an increase in the previous budget and would be paying more for their health insurance beginning October 1, 2011 and agreed that Manager Couzzo had done a stupendous job. Mayor Paterno felt Manager Couzzo had performed a terrific job and should be given something even if it were one dollar. Council Member Humpage suggested offering a fuel allowance in lieu of cash and commented that Manager Couzzo was well compensated for the position. (Public Comment) Tom Bradford, 44 Chestnut Trail, explained that he was Deputy Town Manager of Palm Beach and was Manager of Tequesta previously. He stated evaluations were performed in Palm Beach but raises had not been given to anyone in three years. Mr. Bradford advised of his understanding that moral was down in the Village because employees believed Manager Couzzo was being overly compensated for his duties. Marcia Nielson, 94 Beechwood Trail, stated she agreed with Mr. Bradford that a tone was set at the top. She felt that employees were consistently asked to tighten their belts and that Manager Couzzo should as well. David Green, 241 Fairway West, advised that he had spoken to employees regarding their disappointment with the Village Manager regarding previous bonuses. He added that everyone should be cognizant of what was happening around them as what others were not receiving. He concluded with his belief that Manager Couzzo was well compensated for the job he performed. Minutes — Regular Council Meeting 8/11/11 Page 8 Council Member Brennan compared the Managers salary and his added responsibility of Utility Director. She also felt he was a cohesive force in the Village which was also an asset. She referenced the budget and the unseen efforts of the Manager which generated revenues and kept the Village's budget healthy. Vice Mayor Arena reflected on past years PRC amounts and suggested $6,000. Council Member Humpage noted that Manager Couzzo was getting one percent more than anyone else in his automatic salary increase and recommended $2,500 be given for his PRC. Council Member Brennan asked Mr. Bradford his opinion. Mr. Bradford said he would not look a gift horse in the mouth but one should be cognizant of the ramifications from the public and the employees. Council Member Brennan supported the $2,500 figure. MOTION: Council Member Humpage moved approval of $2,500 for Manager Couzzo's Performance Recognition Compensation; seconded by Council Member Brennan; motion carried unanimously 4-0 Resolution 18-11, Approving a One-Time Performance Based Recognition Compensation Amount for the Village Manager for Fiscal Year 10/11 in Accordance with Section 4 of the Second Employment Agreement between the Village Manager and the Village of Tequesta Dated August 5, 2010 MOTION: Council Member Humpage moved approval of Resolution 18-11 with the Performance Recognition Compensation set at $2,500; seconded by Council Member Brennan; motion carried unanimously 4-0 STANDING REPORTS • Villaqe Attornev Attorney Davis advised that he was working with the Police Chief regarding a vehicle forfeiture case on the subject of a Ford F150 truck which had been seized in an arrest. • Villaqe Manaqer Absent ANY OTHER MATTERS None Minutes — Regular Council Meeting 8/11/11 Page 9 ADJOURNMENT: Council Member Humpage moved to adjourn the meeting; seconded by Vice Mayor Arena. The motion to adjourn carried unanimously 4-0; therefore the meeting was adjourned at 7.•35 p.m. Respectfully submitted, Deanna Mayo Assistant to the Village Clerk Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA -FIRST NAME-MIDDLE NAME '� NAME O BOARD, COUNCI COMMISSION, AUTHORITY, OR COMMITfEE -�/f+9��G� � J��ffA� �LG�4f.�. �c�NG� L. MAILING ADDRES THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON �� ,�v� �� WHICH I SERVE IS A UNIT OF: CI�� COUNT CITY ❑ COUNTY ❑OTHER LOCAL AGENCY / ��s �� ` 6 �� �� NAME OF POLITICAL SU6DIVISION�: DATE ON WHICH VOTE OCCURRED� // ` v�yG! C„ MY POSITION IS: �� � ELECTIVE APPOINTIVE R EC E I V E D WHO MUST FILE FORM 8B This form�� ��y�'�person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conil��1�A�'ra�er�i��T ��t�r�112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public oifice MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent speaal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the office�s father, mother, son, daughter, husband, wife, brOther, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"Ewsiness associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * � t . , . « . 3 , . . * . , . ELECTED OFFICERS: In addition to abstaining ftom voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. t �k S R 4 # * f t M t 'R f f i ft APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will in�rporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publiGy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST �� /� / I, �rsvFS � !ll��9�� , hereby disclose that on o��/'� , 20 t � (a) A measure came or will come before my agency which (check one) Q inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, ' _ inured to the special gain or loss of my relative, � _ inured to the special gain or loss of , by whom I am retained; or _ inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my c�nflicting interest in the measure is as follows: ,/ �� d/�� ��' lfiLGH�C� �/ DiE'�7E�7 �.v hg� � � ` % �1�lS -� �5�2vc i�� �� % ._.L� L'dc1 G/� /!/� � (��! LC �� C d /-r� .0-7 � �ll i �'S � �'9-5 % _/J��. �/1�.5' � � n� / � � � �� ,clD ; �2 �rLt� �-. � ��,,c1� � , sc J ss�a � r�o i �v �/� . � �� ii � , - T Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2