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HomeMy WebLinkAboutMinutes_Regular_08/11/2011 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 7/22111 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 (FMIT) 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 Reading, 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 Reading, 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 201112012; 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 • Village Attorney 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. • Village Manager 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, r 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 813 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 COMMITTEE MAILING ADDRES r THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON C7 2 WHICH I SERVE IS A UNIT OF: Clip - wW COUNT CITY ❑ COUNTY []OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION:/' DATE ON WHICH VOTE OCCURRED g MY POSITION IS: ELECTIVE APPOINTIVE RECEIVED WHO MUST FILE FORM 813 This formAU6 1e5byMperson 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 conN&LAGkQtEBKiFr (WEiME 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 office 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 government 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 special 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 officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business 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). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly 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. 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 incorporate 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 publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, '-4r»FS .49G,--' hereby disclose that on /��� , 20 (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 conflicting interest in the measure is asfollows: V 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 8B - EFF. 1/2000 PAGE 2