HomeMy WebLinkAboutDocumentation_Regular_Tab 19_04/12/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 591 (11/18/2004)
4/12/12
Consent Agenda: No Resolution #:
Originating Department: Attorney
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Council Discussion and Action on Frank D'Ambra, Public Safety Pension Board Member, Council
Appointee Continuing to Serve as Council Appointee in Ex-Officio Capacity Per Section 2-33 of the
Village Code
BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: ,�.: _• Appropriate Fund Balance: -,: 7 e
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shof description of the agenda item)
APPROVALS: SIGNATURE:
Department Head
Finance Director
Reviewed for Financial SufFiciency ❑ � \ -
No Financial Impact [� ; ���
Attorney: (for legal sufficiency)
Village Manager: - —�
Submit for Council Discussion: �
Approve Item: (�
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
McWilliams, Lori
From: Keith Davis [Keith@corbettandwhite.com]
Sent: Tuesday, February 14, 2012 2:43 PM
To: McWilliams, Lori
Cc: Telfrin, Debra; Couzzo, Michael
Subject: RE: FRANK D'AMBRA FW: Qualified
Ladies and Gentlemen:
First of all, congratulations to Mr. D'Ambra and Mr. Okun. I think that they will both be valuable additions to
the Village Council and I look forward to working with both them and the incumbent council members in the upcoming
year.
Be aware that the open government (Sunshine) law is now applicable to both Mr. Okun and Mr. D'Ambra as
Village Council Members Elect. Of course, it continues to apply to Mr. Arena as well as Mr. Paterno and Ms. Brennan.
As such, neither Mr. Okun nor Mr. D'Ambra may have any communications with other Village Council members on any
topic about which foreseeable council action may be taken. Additionally, for Mr. D'Ambra, it continues to apply to his
communications with pension board members. Further, for Mr. Okun, it continues to apply to his communications with
PZAB members until his seat is vacated upon his being sworn in as a council member.
��
Next, regarding Mr. D'Ambra's continued service on the pension board, Sec. 2-33 of the Village Code provides
that a council member may serve on either the public safety pension board or the general employee pension board in an
ex-officio capacity. This means that he CAN serve on the pension board and the Village Council simultaneously. The
code section does not specify that the council member must hold a particular seat; however, I think it's prudent to have
the council acknowledge and approve this arrangement. This can be done at the annual re-organization meeting.
Finally, with regard to Mr. Okun moving from PZAB to the Village Council, since the resign to run law does not
apply to our PZAB members (resign to run does not apply to persons serving without salary who are members of an
appointed board), Mr. Okun will sit on the February 17 PZAB since he is not yet sworn as a counci) member. However,
his seat on the PZAB will become vacant upon his being sworn as a council member.
If you have any further questions, please call. Please forward this correspondence to Mr. D'Ambra and Mr.
Okun so that they are aware.
Keith W. Davis, Esquire
4 �f.G`ano� fYljife; �JdG.
Tel: (561) 586-7116
Fax: (561) 586-9611
Email: keith@corbettandwhite.com
From: McWilliams, Lori [mailto:lmcwilliams@tequesta.org]
Sent: Tuesday, February 14, 2012 11:11 AM
To: Keith Davis
Cc: Telfrin, Debra; Couzzo, Michael
Subject: FW: FRANK D'AMBRA FV11: Qualified
�(eith,
1
ORDINAIVCE NO. 591
i � o���� o� ��G� �o��, oF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING CHAPIZR Z,
ADA�IIN�STRATIUN, AT ARTIG'LE IL, VII.LAGE
COIINCII., 1'O INCLUDE A NEW 3ECTIUN 2-33 TO
PROVIDE THAT A MEMBER OF THE VII.LAGE
COUNCII. MAY SERVE IN AN EX OFi�'iCiO
CAPACITY AS A MEMBER OF THE PUBLIC SAFETY
PENSIUN BOARD OR THE GENERAY. EMPLOYEES
PENSION BOARD FOR THE VII.LAGE OF
TEQUESTA; PROVIDING FOR SEVERABILiTY.
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLiCT; �ROVIDING I�OR CODIFICATI4N;
PROVIDING AN EFFEGT[VE DATE.
BE IT ORDAIIVED BY TSE VII.LAGE COUNCIL OF THE
VII.I.AGE UF TEQUESTA, PALM BEACH CQUN'I'Y,
�.oRmA, As Foi.i.ows:
'�1. The Code of Ordinances of the V'illage of Tequesta is
hereby ame,nded at Chapter 2, Administration, Article II, V"�llage
• Cou�, #o iunc�de a tw�v Set�on 2-33 to read as follows:
Sec. 2-33 A Councal me,�ber may s�ve � the Public
Saf�.ty Pension Baazd or tl� Ge�eral F.mployees P�on B�ard.
A Member of the V'illage Council may s�ve in an ex officao
cap�caty as a member oe the Public Safety Pensian Board or the
Ge.ne�ral Employees P�on Board for the Yillage of Tequesta.
'�2 S�ability. If any provismn of this Ordinance or the
�c�tion thereof is held invaiid, such mvalidity sba�ll nat a�ect
the othe,r provisions or applications of this Ordinance �vhich can be
give�► effect without the invalid �ovisions or a�licatio�, �nnd to
this e�, tl� p�ovisions of this � are �y decJared
ae�erable,
S�e 3. Repeal of Ordinances in Conflict. All other ordinances
of the Village of Teque.gta, Ftorida, ar parts thereof which co�ict
writ�► tlris � any part of ttris Ordinanoe are hereby repealed
� Godifi�on. This Ordinance shall be codified a�
m�de part of the offica,al Code of Ordmances af tl� V�71age of
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� � Ord.591
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� Section S. E�ective Date. This Ordinance shail take effect
i i immediatety upon its passage and approval, as provided by law.
� � I TI� FOREGOING ORDINANCE was affered bp Councilmember �/D n
k il �,�, who oved its adoption_ The Ordinance was sec�nded by
l � Councilmember � f� ��. and upon being put to a vate, the
� jf vote was as follows:
�
� FOR ADOPTION AGAiNST ADOPTION
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! The Mayor thereupon daclared the Ordinance duly passed and adopt�
� this �_ day of � 5� �v+ �3e 2004.
I MAYOR OF TEQUESTA
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I ATTEST:
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wen E. Carfisle
Vil�age C1erk ����t�����0 F � T'���ii
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l
MII'�TUTES - V�liage Council Regular Meeting I Ii18/04
Page 2
, MOTION: Councilmember Humprage moved to approve the age�rda, as revised;
seconded by Councilmember Resnik; motion passed S-0.
IV. UNFINISHED BUSINESS
A. ORDINA1rTCE NO. 591 — SECOND READING - AN ORDINANCE OF
TI� VII.,LAGE COUNCIL OF THE VII,LAGE OF TEQUESTA, PALM
BEACH COUNTY, FLORIDA, AMENDING CHAPTER 2,
ADI�IINISTRATI4N, AT ARTICLE II, VILLAGE COUNCIL, TO
INCLUDE A NEW SECTTON 2-33 TO PR4VIDE THAT A MEMBER OF
THE VILLAGE COUNCIL MAY SERVE IN AN EX OFFICIO CAPACITY
AS A MEMBER pF THE PUBLIC SAFETY PENSION BOARD OR THE
GENERAL EMPLOYEES PENSION BOARD FOR THE VILLAGE OF
TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING F4R
REPEAL OF ORDINANCES IN CONFLICT, PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTNE DATE.
Attorney Hawkins r� the title for OrdinaBCe 591.
MOTION: Councilmember von Frarik moved to approve Second Reading of
Ordinance 591; secorrded by Councilmember ResniJ�
, Cou�cilmember Humpage mentio�d concerns reg�rding the Ordinance. He
felt the Village was fortunate enough to ha.ve a Coancil Member who has the
ability and can assist the Public S�fety Pension Bc�ard in their efforts to make
wise investinents. He indicated he had cflnt�t�i six different cities, and their
response favored not having a Council member sit on the Board. He explained
their reasoning was the Board was composed of 5 members, 2 residents whom
were chosen by Coancil, 1 active Fire Officer, 1 active Police Officer, and a
5�' member chosen by the other 4 members. He felt if a Couucil member was
to sit on tlx Board then Cou�il would control3 vf the 5 seats. He explained
everything the Boazd reviews comes to Cauncil for approval. He noted this
would be an �ditional seat to fill when desigoating Council Members
appoi�ments to various Governmental Assembiies. He qu�tioned when the
Board no longer has Vice Mayor Genco, would the seat be reviewed yearly.
Attorney Hawkins stat� if there was no Coeincil Member interested in
serving on the Board, the Council did not have to designate a Council
member. He indicated it would be totaily up to Council since the disc3reetionary
langt�ge states "may s�rve". Council Member Humpage questioned if
someone on Council chooses not to serve would the remaining Board
membeis, choose the 5�' member, or would Council pick the S member. He
noted tygically under State Statute the 4 members chose the 5�' member.
, Attorney Hawkins felt the.re were iwo separate issues. He stated the Ordinance
before them vv�as whether or not a Council Member could serve in the Ex
2
MINUTES - Village Cow�cil Reguiaz Meeting 11/18/04
Page 3
i Officio cap�city. He stated the Council would scill lzave the obligation to
appoint 2 citizens to serve on the Board. He stated those 2 citizens aiong with
the Fire and Polioe seats chose t� S Couacil Member Hum�ge questioned
whether there would be six mennbers on the Board, with an Ex Officio seat.
Vice Mayor Genco noted Council would have 2 sea#s, 1 reside�t a�d 1
Council, or 2 residents if no one from Council were designated.
Attorney Hawkins stated there would osily be 5 members. Vice Mayar Genca
�ed a Council Member would �eed language to allow them to seat on the
Ba�rd, because the Chaiter has since be revised. Attorney Hawkins agreed
and stated this docament allows a Cou�il Member to sit on the Board without
violating Dual Office Holding. Coun�cil Member Hwnpage i8dicated lus other
concern was when a Council Member attends a Bosrd Me�ting; he felt it had
an effe�t on the Board members because of the position. He felt Council
should do the business of the Village onty. He stated he was nat sure he was
comfortable with this ordinance.
Council Memba Resnik stated ch�ring the C�arter Review Meetings this
matter was raised a� t� Statutes stat�cl dual office holding was not
acceptable. He noted th�ere vve� legal discussions tl�t a Council Membc� may
sit on a Board, in the Ex Officio capacity, so long as tl�y did not viola.te any
� of the rules or regulations by voting or taking �ctions that could be cnnstrued
as unduly. He indic�ted he vvas not going to vote against this Ordivance. He
mentioned concetns that if a Council Member serves then there were really
only 4 Council Members considering the item, instead of 5. Council Membe�r
Resnik q�stio� whether tl� Council Membe�r vvou�d again vate on the item.
Attorney Hawkin,s felt the s�ctw�e w�s workable. Vice Mayor Genco
explain�d for t� record tt�t she was the Council Member who h�d be�n on
the Public Safeky Pension Board. She indicate,d at one time the Village Chart�r
required one of the seats to be a Council Member. She aoted at the time she
was app�inted to the Beard, she was the Mayor. She reviewed tt� pmgt+ess the
Board had made regarding updating the plan docwnents. She meirtio�d in
order for her ta co�tinwe she would need this Ondinance to prot�act her and
allow he�r to serve. She indic�d Y�er work was almost comple°te, a� felt t�
Ordinance allowed Council the ability to serve both today �nd in the futare.
Council Member von Frank asked the Planniag and Zoning B�rd Members
in attendance if they felt iniimidated by his presence at the Plazining �nd
Zoning Meetings. Chair Elirabeth Schauer indicated sl�e did nat feel
intimidated. Council Member Hum�ge pointed out he would like Vice
Mayor G�nco to continue l�r work, �i�ce she hsd done a gteat job. He
que�tioned who would choose the S�` seat. Mayor Watkins stated Cauncil
would chose 2 seats; the Board would chosc the 5�' seat. She indicated the
� Village would go back out to the community for letters af interested
volunteers.
3
MINUTES - Village Council Regular Meeting l 1/18/04
Page 4
� Attoraey Hawkins stated this Ordinarice allows Council the flexibility. He
noted language could be added to the Ordinance thax in tl� future the
Ianguage could be revisited. Mayor Watkins mentio�d she had a comfort
level when the Ianguage was changed to "may" instead of "sh�sil". Co�mcil
Member Resnik not�d a person was �pointai to the Pe�nsion Board for a set
tertn, and suggested no matter who was serving a resident, or Council Member
it would be for tt►e length of the term. He felt the Ordinance altowal the Vice
Mayor, a highly qualified member of the community, ta serve the Pension
$a►ard and tt�e Village.
A vote was taken and the motion pASSed' S-0.
B. Ra:onsiderataon of Resolution No. 10-04/OS approved at the October 7, 2004
meetirig with the sidewalk issue tabled for rese�ch.
MO 4N: Council Member von Frmrk moved to approve Resolution 10-04/OS;
seconded by Council Member Resnilk
Mayor Watkins indicated this item w�s cantinued fmm the November 1$,
2044 Council Meeting in order for Staff to check whether the pavers were
ADA compliant Village Maaage� Couzzo �ted he had spoke with Mr. Mike
� Slatterey, Village Consultant, and Mr. Russell White, Public Services
Manager and they indicated the �vers were ADA compliant. He noted the
cost savings to the Village using the �vers, and exptained they would match
up with the pavers in front of the Public Safety Facility.
A vote was taken, and t� motion prrssed S-U.
C. Discussion of hurricane hardening for die new Village Hall.
Mayor Watkins noted Council was revisiting this issue due to the recent
hurricanes, and before the plaas were finalized. She indicated the item was
whether or not the Village should consider hardening a portion or all of tl�
building. Councilmember von Frank mentioned he did not support hazdening
tl� lruilding, �i did �t want to spend a million dollats of tl� resident's
money to harden t� building. He felt the building could not accommodate the
ma�jority of the resiclents during a huaicane. Mayo� Watkins menticmed it was
never tl� intent of the Village to t�se the new Village HaU as a shelter. She
indicated she was not in support of hazdening the whole building. She point�d
out if Council waated to consider anything that it would be the ceater p�art of
the building, enough to house the computers, and records during a hurricane.
Council M�nber Resnik commented when this issue fust came up he w�s all
� for i� He felt sp�ending �30,000.00 �or the design services, and approximately
$300,000.00 to l�rden the c�nter ar�a of the building could pravide a safe
lmven for iraiividuals to operate at�et' the hurric�ne.
4