HomeMy WebLinkAboutDocumentation_Regular_Tab 17_08/09/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMtTTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
8/9/12
Consent Agenda: No Resolution #: 19-12
Originating Department: Mayor
� � � • • • • - C - � • -�•
Discussion and Approval of Performance Recognition Compensation (PRC) for Village Manager
Resolution 19-12, 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 - Mayor Tom Paterno
� , .
Account #: 001-110-512.150 Rep, Sai. - Arr�ount of this item: To be determined by Council.
Performance Adiustment.
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance: -��: `:=»
� ' • � •' .• • •- • • • .�- •.
Discussion and Approval of Performance Recognition Compensation (PRC) for Village Manager
Resolution 19-12, 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
. -� . .
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: �
� ! • - . . - .. -- . -. .- - . .- -
.- . .. - . . -. . . . . . - - - . -
Form Amended: 7/12/12
RESOLUTION NO. 19-12
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE BASED
RECOGNITION COMPENSATION IN THE AMOUNT OF XXXX FOR THE
VILLAGE MANAGER FOR FISCAL YEAR 11/12 IN ACCORDANCE WITH
SECTION 4. OF THE SECOND EMPLOYMENT AGREEMENT BETWEEN THE
VILLAGE MANAGER AND THE VILLAGE OF TEQUESTA DATED AUGUST 5,
2010; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta has entered into an Employment Agreement with its
ViNage Manager, Michael R. Couzzo, Jr. which has been amended from time to time with the
latest Agreement being approved dated August 5, 2010 (the "Agreement"); and
WHEREAS, said Agreement provides for additional compensation for the Village
Manager based on the past year's performance and is known as "Performance Recognition
Compensation" ("PRC") according to Section 4 of the Agreement; and
WHEREAS, the PRC is solely at the option of the Village Council to be based on
performance; and
WHEREAS, the Village Council of the Village of Tequesta has carefully reviewed the
Village Manager's performance for the past year and hereby finds the PRC is in order due;
WHEREAS, the Village Council of the Village of Tequesta believes that along with a
myriad of examples of resourceful cost saving measures warrant the award of the PRC and that
such an award is in the best interests of the citizens of the Village of Tequesta in order to
maintain quality management and ensure stability in the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 The PRC as provided for Section 4 of the Village Manager's contract is
hereby authorized in the amount of XXXX gross (Manager to pay taxes).
Section 2 This Resolution shall become effective immediately upon passage.
1
SECOND EMlLOYMENT AGREEEMENT BETWEEr1
NIICAAEL R COUZ?A, JR.
AND
TIIE VII.LAGE OF 7`EQUESTA, FLORIDA
Tlris Seoo�d Employmeat Ag+no�o�nt, i� ma�de �d �d imRo this 5'� dsy af Aogust
2010, at which time actioa was talce� by � V'illage Ca�il, bY affii belv�reen the Village of
Teq�ta, Fiorida, a municipal oorpo�ati�, � called the "Village", �l Mich�eel R
Cou�o, Jr., an i�dividual, b�h of wh�n �d�d as f+ollows:
WHEREA5, the Village desix+cs to continue to employ ti�e services of Mic�set R Ca�o,
Jr., as Villa� Manager of the Village of Tequesta, as pmvided by �p�iate Charte�r, statube
and ordinance sec�ians; and
WHEREAS, it is t� desir� of the Village Coimcil ta p�ovide cer�in b�oefits �nd
e�ablished ooutinued o�diti�s of em�loym� �d
. V�'►, the V'illsge �cs �o provicie inducemernt for M'icl�el R Couz�o, Jr. to
remain in such employment and make p�ble full �vork prod�i�arvity by ass��rin� Michael R.
Cot�o, Jr.'s morate �d pe�e of mind with re�ect to fuiure socurity; to act as a d�err�nt
against malfeasance � dishonesty for pei�onal gain on the part of Mic�el R. Cou7zo, Jr.; �ncl to
provide a just means for �minating Michael R Couao, Jr.'s services at sueh time as lre may be
unable to fully dischar�e his duties or when the Village may d�t+e to ot�rwise tenni�te his
�PbY�� �
WHE.REAS, Mic�ael R Co�Tro, Jr. � to aoc�ept oo�d emplo�ent as the Viilage
Manager of tl� Villa�e of Teque�ta.
NOW, THF,REFORE, in 'on of t� muh�al oove�nts 6eac�in oo�t�ined, the
�ties hereto agree ag follows:
SEGTI4N 1. DUTIES
The V'illage hembY agrees to continue its employment of Michael R Couao, Jr. as
V'"illage Manager of t�e Village �o perf� d�e fi� �md d�rties spacif�d in t� Village
Charber, state s�drtes � ordina�cx�s a�rd to p�cn such otl� Iegatly peatnis�able a�. p�per
dirties a� fimcti�s as ti� Village Cou�cil shall &+om time to time assign.
SEGTI4N 2. TERM
A. The First Employment A�nt was e� i�u by the p�ties �� 1,
2000 � was to extend until the regular V'illage Cowicil meeting �qu�t to tl�e date of the
annual March, 2{f04 election, which w� held an March 9, 200�L. S�eh agi+eement was �ended
�ior to the end af t�t term and t� atn�ded ag�eement was effective November 13, 2002 for a
five year period of time, u� u�il November 13, 2007. Such ame�d sgreement was
a�cally r�navwed far anotlrer fi�e (s) year t�rm � the s� �erms a� co�ditions to n�n
1
until November 13, 2012 in a�nce with the language s� farih in tl� �d
The parties now d�ire to extend the �ean of eanployment an�d de.sire to entex into a"Se�d
Employment A�rn" w�hich sets fo�th the complete and updated � and cflndi�ons of
employment. The term of +�mployment is hereby extiended to December 31, 2018. Any
ainerndn�ms or ch�nges to this Ag�ent a�atl, be in writing and executed by both p�ties.
Nothing in this Ag�►t shall prev�t, limit � a�erwi�e iu�rfe�+e with tt�e rigbR of the Yillage
Council to t�nnin�e the se�►ices of Mich�l R Cou�a, 3r. at the will of the Village Council,
without c�se, at anY time, �bJect a�lY to t1�e provision�s �et forth in Secti� 3 of tbis Second
Fanployment Agrecmeat.
B. Nothing in this Second Exnployment Agreement shall prevent, limit or otherwise
interfere with the nght of Michael R Couxw, Jr. to resign at �ny time fr�n his positi,o� with tl�
Village, subject to the provi�ions �t forth in Sectian 3 of this Second EmP1oYm�t ABree�nent.
C. Mic�hael R Couao, Jr. agrees to remuin in th�e excltisive e,mploy of the Villsge
and shall not beoome e bY �9 ��l� ��8�on or t�mination is
effected as he� psovid�ad. The pc+ohi'b�tion � ou�ide �rployment shall not be
constn�ed to inclucle ocxssional te�ching, wri►tin8 �' cw�ltiug perf�d on Micl�l R
Cou�o, Jr's time off. However, in no ev�t shall I1�ic,�ael R Co�, Jr.'s � employment
interfere with or ott�vvise hi�er t� performanoe of his duties as Village Manager ar t+eflect
Poor1Y upon the name or reputation of d�e Village.
SECITON 3. TERMINATION AND SE,VERA�'CE PAY
A. In the event Mieha,el R Couzzo, Jr. is tenminat�d by t� Village Cw�ncil before
expiration of the afo�+esaid t� of e�pk�ym�t and d�ing su�h tin�e tl�t Mic�e1 R Co�r�, Jr.
is willing and able to perform the dudes of Village Managea, � ar� in tl�t event, the Village
ag�es to �Y M'ich�el R Couzzo, Jr. a lum�p sum cash PaYment eclual to six �6} m� �e
sal�ry ("Sevei�mce Payme�'�, wit6 � ac�itio�l �(1) �nth sa1�y for each additia�nal year
he has beea e�nployed si� his initial employment (� Ocroobez 1, 2000) and shall co�tinue
Micl�el R Couz�o, Jr.'s � benefits (instin�ce coverage as �et forth in Seclion 8, wztil
Micha�el R Co�zo, Jr. is re-employed aad covered by a�ther health insu�ance Po1icY) P�ovide�
hereunder for the six manth perial immediately following termination. In the ev�nnt Mich�el R
Couzw, Jr. is re-employed during die six-�nth p�riod immedi�tely following te�au�ticm, the
Village's abligaotion to continue b�efits shall oease. Ite-employa�ent, howevc�r, will not affect
NGchael R Couz.m, Jr.'s e�itl.annent t� tlre Severance Paym�t.
B. In ttye event, ha►w�rer, d� �el R Cou�io, Yr, is t�od for t+e�ns
relating to maral tu�rpiwde, malfeasance or c�ereliction of duty, then, in tha� �nt, t6e Village
shail bave no oblig,ation to melce the Sev�erance Payment or contint�e health i� benefits
suhsequ�at to �minaRion 'I'he Severance Fayment alang with �ccn�ed vac�tionn, sick leave and
other accraed benefits refere�ce� in this Second Employment Agc�e�ment shall serve as
liquidated d�nages �d shall serve in the p�ce and s�ead of, �d �s the s�le and exclusive
remedy for, any claim �el R Couao, Jr. may have � the VillaBe, its oi�cers or
rep�ativ�, direcdy or indirectly r�l�ating to his t�nina�ion.
2
C. In the event tl� Village r�fi�es, fallowi� writte.a �ice, to ca�npl}► with any af
the p�ovisiones benefiiting Michael R Cou�o, Jr. herein�, a�r M'iclzsel R Ca�o, 3r. r�esigas
following a suggestion, w►hether formal or - informat, made by a majority of 8re Village Council in
o�ciat �sion thax he resigo, then � in that event, Micha�el R Couao, Jr. may at his crption be
de�med w be "termii�ated" as of d�e date of such r�fusal to cwmply or resig�tion, within the
me�ing a�d oa�act of t�is sever�oe prnvision.
D. In �e event Michael R Co�o, Jr. volumta�ily re�gns his poeition with the
Village befc�e expiration of t�re �m of this Seoond F�nnPloY�t Ag�R, tl� i�cl�el R
Cou�o, Jr. sball �ve the Village six (� months advance �vri#t� notice a�d s�ll r�linquish any
and all rights to the severa�ce benefifis provided � dnis �ction. Failure to provide the
requisite six (6) moaths pri� written notice shall restilt ia tl� f�eifime of �yment for of all sick
leave �ccn�ed by Micha�l R Cou9zo, Jr. and tl�ere s�il be no payment whatsoever dwe for such
accru� sick leave.
SECTION d. SALARY
A. Michael R Couz�o, Jr.'s �nual salary as of A� 5, 2010, is S 150, 838.00.
1VGcba�el R Couz�o, Jr.'s ann�l b�se salsry shall be paKl to �el R Ca�uz�o, Jr. in equal
installa�ts � tl�e same time a�er e,mployees of the Village a�e paid Michael R Cowzzo, Jr.'s
salary shall be inc� fo� perce.nt (4%) esch year until die term af this Seeo�d Employmet�t
�►greem�nt exPires-
B. The Village Cowncil shall i+eview NGct�i R Couz.�o, Jr.'s perfo�ma�e annually,
at least thiriy (30} days prior to Ocbober 1 of each fiscal yesr, an�d c�cide if adElitional
Perfom�ce Reoognition CAmpensati� �`PRC") is ap�opri�e. Michael R Couzzo, Jr. s�all
receive c�t of liviag i� as a�horiaed by the V'�11age Cou�il and su�ch sdjusbment� shall
be included in his �nu�l b� salary. Tl� gc�ting af any additional salary incx+ea�es based on
Mich�el R Cou�, Jr.'s perfo�m�ce evah�atian is left exclusively �o t1� disca+e�ion of the
V'illage Council. If the Village grants Michael R Eouzm, Jr. PRC, d�n any amo�t specified by
resolution shall be det�mined before t�uc. Taxes and other pa.yroll ded�tions shell be c�ducted
firom said amvunt, as with normal staff compens�tion, before payment to Micheel R Couzzo, Jr.
SECTION 5. VACATION
I�+Iic�el R Cou�o, Jr. sball svamiuta�e fio�' (4) wedrs of va�n �ily c� Oc�' 1
of e�ch fiscal year. Any leave telce,n by Mich�el R Ca�o, Jr. in exces� of eighty (80)
consecu#ive hoins st�all t+oquit+e ��provai of the Village Gouncil.
SEGT[4N �. AiJ'COMt)BII.E
B�ause employment roc;wa�es twe�ty-four (24) hour availability of a vehicle, the Vill�ge
shall provide an auta�iob�e al�owanve to Michael R Cotrr�o, Jr. in the anno�mt of $500.00 pet
month fcx �se of Michael R Coazzo, 3r.'s pe.�sonal vehicle. This figure may be res►iewed by t�e
Village Council periodically and adjusbed acco�+ding to the Bur+esu of Lat�r Statistics, S�
3
R�al Office C�ner Price Index. In �itio� to � above, A�tichael R Coa�o, Jr. shall be
comp�t�d at the stand�d taie �ved by the Villa�e Couacil for offic:i�l v�chicle t�age far
emplo�er related ttip� r�equired of the Village Maa�g� out�de Palm Beach/M�tin Co�mty areas.
Said mil� shall be oompu�d f�n the oute�most limits of the Palm Beach/Mattin Ca�ty
areas to ti� fi�l � poinL
SECTION 7. PROFESSIONAL DEVELOPMENT
The Vill�ge agrees to provide Michael R Couz.m, Jr. t�e usual a� necessary fi�lin8
applicable for tr�vel ana �Sistence necessary for 11�'ichael R Ca�urso, Jr.'s p�+ofes�ional
devetopmea�t and for the good of the Village. The Villsge agiee.s to pay the membership d�es of
the interna#ionai City Manag�s Associstion, t�e Florida County a�d City M�paagers Association,
and the Pslm Besch County CitY Man�s As9oa.ati�. Tl�e Village �Cif�lY a8rees to
bwdgec and � pay fo� th�e travel aod subsiste�c�e nelating w c�f� �ng to municipal
government man�# that �rouW be in t�e i�st int�st of Mic.h�el R Cou� Jr. and the
Village, pu�uant t� the ap��le �1 policies of �e yillage, if any. Abs�t any VillHge travel
policy relative to same, such travel a�d subsistence shall be reasonable a� � by the
Village.
SECTION 8. INSURANCE
The V�iage agc+e�s to p�ntvic� ' 04 life, ��c�l anci othet related
Insurance far 1►rc�el R Cou�o, Jr. �d make available such covera�e for Lis depeade� and to
�y the �iums thei+eon in a m�er t�onn�able to tha� which is pmvi�d fo� a11 othec Village
emPlo9ees-
SEGTION 9 JOB RELATED EXPENSES
The V'ill�ge recognizes that certain expenses of a non�ersonel a�d job relat�d nst�ue,
such as use of Michael R Couzzo, Jr.'s personal ceUular phone, long di�ance c,alls aad faQCes
from home, on-line c�puter mne fior oomputcr located �t home, s�f�ware, s�d�ce aR local
��� � J� � P� �d meals, etc. �+e �oc�arily inuured by
Micl�el R Couz�q Jr., in a000�d�nae with ltis �nployme�t as Village Ma�age.r. Therefore,
Mic,l�el R Couzzo, h. shall raceive a general expe�se albvvaaoe of E200.00 per mon.th, payyable
an the first day of e�� a�onth, d�ic� his tam of ewployment to co� thes� �nd similar
expenses. Mic�el R. Couao, Jr. shall not be entided to reimb�usement fo�r any e�cpen�
incurred over and above tbe 5200.00 allowed as an exp�se allvw�mce. Entitleaneat to this
general expense allowance s�sll cease upon Michael R Couzza, Jr.'s resigrostion or t�mination,
SECTION 10. RETIRLMENT
A. TLe Village ag�ees to e�cecut� all neo�arY ag�s P�vi�l bY �
Iluternaokional City Mana�e�eat A�oc�ion-Retn+enm�t C�pora�on (ICMA-RG7 fo� Mich�el R.
Couz�o, Jr.'s �tinued paiticip�tion in said ICMA RC Retir�ent plan. In additian to the base
salary and other b�efits paid by the �llage to Michael R Cou�o, Jr. as de�cxibed in Soction 3
of this Agc+eement, the V'illage agrees to pay an amount equal to twelve peroent (12%) of
4
Micheel R Cou�, Jr.'s annual ba�e salffiy I� the 1 CMA RC on 1Vfich�ei R Gouz�, Jr.'s
be1�a1� in e�l� P�'�Po�o�aLe amonnts each P�Y P�od s�d to transffer ownership to Mich�e! R
Couz�, Jr. upon Michaei R Cou2�A, Jr.'s resig�tion or termination of employment
Notwithstaading d�is pmovision, the maximum ��ntio�n to be p�id by tt� Village � dris
sec�ion shall not exoeed tt� maximam allovred by law.
B. T� Villa�e s1�ll al�o make oo�riburias�.s � be1�f of M'ichs�el R Cou�o, Jr. tn
the r�ment plan in effiect for all Vill�e employees ait thc same levels ap�licablG to general
admini�ra�ive employces at�d age�es to tra�fer owne�sl�ip of sa� to Mic�el R eovao, Jr.
uQon r�gnatian ar terminati�n of employme�t. �
SECTION 11. OTHER TERM3 AND CONDITI4NS OF EMP�.OYMENT
A. The Village Cou�cil shall fix such other tenns and conditions of e�nployme�t as it
may determine fi+�n time to time relating to the perf�nce of 1Vlichsel R Couzzv, Jr. provided
such temes and c�o�liti�s are not inconsiste�t with or in oon�ict witL tl�e �avisios� of this
Secc�d Employmeat A�t, the Charter � ffiy other �licabk law
B- �� ��y P�'o�� �4 Mic�eel R C.o�o, Jr. shali be subject to
all provisions of tl� Village (�ter �d Code, as w�ell as regu� and tules of the Village
retating to sick leave, re� and pa�ion system �'butions, �li�yys, and other frinSBc
benefits and worlting conditians as they now exist or heresf�r may be amendcd.
c. The V'�llage sh�U be� the full cost of any fidelity or other bonds requirad of
Mich�el R Cot�o, Jr. tmder say ordinan�ce.
D. If any p�+ovi�an ��y po� t�eof �d in this sec�d F�ymeat
A��t Is �yeld to be u�o�tit�al, inv�l� or �f�roesble, the re�i�rder of tlus
agreemenot � po�on thei+eof shall be d�eemed sev�rable �d �hall �ot be affcc�ed aud shall
re�nain ia full force �d effect
SECTION 12. CUNFLICTS OF IIV1'�REST
Mic�sel R. Couzzo, Jr. sball not, without the � prioa' written appraval of the Village
Coimcil, individually, or as a p�riner, joint veniure, officer, sl�+ehol�er or any other similar
position of any ki� or natui+e whatsoever, invest or �rticipate in any busi�ess ve.� which
condu�cts or i� to o�uct b�siaess within ��por�te limiis of the Village, e�ccept fvr
stock ow�eiship in anY �P�Y, die capital stack of vvhic� is p�tbliciy 1� and regularly lraded
Exoept for punchase of a p�l r�, Micha�el R Couzzo, Jr. sball not own or invest in
any reai p��perty within the oorpas�e limits of the V�lage, � prior �on tfl and
advance writben approval by the Village Cc�imcil, which approval may be wid�eld by the Village
Co�mcil in Its sole di�cretion. Michael R Cw�zo, Jr. is p�ecluded frosn �ng in eay conduet
which creates an actual or perceived conflict of Inte�+est uader applicable fiederal, s�ate or local
law.
5
SECTION 13. MISCELLANEOUS PROVISIONS
A. This Second. Employment Agreement constitutes the entire understanding
between the parties regazding issues relating to Michael R. Couzzo, 3r.'s employment with the
Village, and supersedes any prior agreement or understanding, whether verbal or written, which
may have eacisted between the parties. This Se�ond Employment Agreement may not be
amended except in writing and with the express appraval of both parties.
B. ln the event it shouId b�ome necessary for either party to initiate adversarial
proceedings to enforce the terms of this Secand Employment Agreement, the prevailing party
shall be enritled to recover its reasflnable attorney's fees incurred in such efforts. Venue for aay
such proceeding shall be in a court of competent jurisdiction in Pa1m Beach County.
C. Michael R. Couzzo, Jr. acknowledges that he has been afforded the opportunity
and encouraged to obtain the representation of lega! cflunsei in connection with the drafting and
execution of this Second Employment Agreement. As such, no provision of tlus Seoond
Employment Agreement shall be construed in favor af or against ei#her party by virtue of
draftsmanship.
D. �N WITNESS WHERFAF, the Village of TeqUesta has catised this Second
Emp]oyment Agreement to be signed and executeci on its behalf by the Mayor and duty attested
by its Village Clerk, and Michael R. Couzzo, Jr. has signed and executed this Second
Employment Agteement, both in duplicate, the day and year f�rst above written.
V illage of Tetluesta
By: �t� t�v� By: .
Pat Watkins, Mayor Mich�e Jr.
�Y /
ATTEST: ATI'EST:
By . '� � � �' 1 r�-�--��.�;�-- $y: :�► � � � ��..��.c�._
Lori McW' ' Lori McWilliams, MMC ...
� ��
Village C •Q�ATF' *�� Village Clerk ,�� �EClUFS
�Q .4g � � �. ,' $ �p�;'� �.� '�.
O �Q •-�_ � �4 � O� y q�
o � i :�_ =�.�, ��,�•,�� :�_
s �v � �'.•'4: =�:c� �'j flQ•�` ;�'
�� ' � �. �`'' �'�:' =�' �C4 �p��
�BTAT •� � �%�'��''. M . � l!�}�v�a
O -., •. �
iqtlw�\{M��"`,`1 � �� /� �'
J ���+Ij • �'1� ��`
�AItN��
6
Minutes — Regular Council Meefing 815/10 .
Page 9
landscapi►� bid process arxi approval br the brid� wa�d r�d to be acce�rat�d � the
landscaping were to be canple� by the oper�rtg, so a�i Courx�l meefiing wouid
need �o be caf�d� auitt�ority giv�en to the Mau�ger and Atbmey � han�e the prooess, or
c�1ay �o tl�e Se{�tember Camal meeting:
MOTION: Coun�cil Member Ar+�►� n►8de a mo� to g�e auihority io it� �I�e
Manager and Vf!la�e AtGomey to handle �e b�d process and awarding /andscaping!
A�i�on was seavnded by Council Member Hun�e, ar�l carr�d by ur�nirnous 5-0
vote.
a�nr oTM�a Mu►rrEa.s
Counal AAember Tum� advised he w� oo�de�ng asking the YMCA # ihey would
be ir�fiere�ed in havi� a facilily in Teque� to benefit � a�d expand the
recreation department. He w�ould �ntirwe to w�ork on th'� and bring back �o Cour� if it
seemed fessible.
Councif Member Arena reported on the'Tequesta Says Thank You" program and asked
for �400 from !�s d�etionary f�d io finish ifie proje�ct.
Mayor Waticats sugges�ed pe�y�g a$500 b�us � Sheltra w�oriasrs �o get the bridge
done by August 16 'rf it aould be done legally.
II� N: Co�ncil A�mber Humpage made a nroi�on iv ofler Sheltr� r�C+ers �5AD
each to linl� the bridge in �iese 1 and 2. if l�eg�!!y allow�ed. Ca�nc11 Mem,ber
Tumquest se�onded the mot�ku►, wh�d► canied by urianimous viDte.
19. Diacussion �d app�ral o� P�ance Reoognit� oomPen�fo� tPRC)
'� for VMhge Y�
� 5 � I� a co�i a� �� aaa� ���+�
agresrr�snt with 4#i��asl R. Cousso� Jr. E�c�ng the Terme �d
rn i nu�S c°"d�°"8
During discussion. �ce Mayor Patemo expressed his d�sire to s�ee the -employmerrt
rewritt� in�o a n�v contfact. He also w�ould I�ce more aommitrt�t from Mr. Couizo.
Mr. Couzzo re��ded he had no �ter�tion of leaving. but w�ld v�ttarily forteit any
accn�ed sick leave if he dk! rwt give soc moM1'�s notioe, barrin9 f�tth oaxems. The
length of time �o extend the oartra�ct was di�. Vice Ma�ror Pa�emo s�� he
cajld rrot vote for �e than a five-year e�der�on.
Minutes -- Regular Cour�cil Meeting 8J5✓10
Page 10
MOTION
Co�l Men�er Tunaquest mede a mo�ipn b exi�nd V�lag�e A�nsg�er Cou�+v's
err�oy�r�eni conh�t �v 12/'31/�018, ��dre a�n thef �n �e ev�ent he dfal not
grive six m�onths no�iQe he ��i1f�t anY P�l� of �aru�ed s�ick I�v�e, m►d �o wrih�e a
who/e new contract that Nro�l►d be S�ond Empbymeni (:on�ract Amer�deat Contract
Motion was sec�o�ded by Couv�cil AAember Humpe�e and � by 4-1 wvte, widt Y�ae
Mayor Pat�n�o d�ntfng.
e. � 2z-�a a�� e� r�. ��e �a
Reoo�niNon Con�er�tlot� Amawrrt �or the V�ege Maneger tor
Fis�l Year O�t10 In A�ocordenee w�h Sedio� 4 0�' tl�e An�endsd
fmploymsnt A� baRw�s� the �e �er and fhs Vi�ge
of Tequsgfe Dr�ed D�er 14, 2006
Village At#omey White read Resoturion 22-10 by �i�e only.
Ma�r Watlans felt the V'�e Manager shoutd be r�ranied w�1h a oanPen.�ation borws
becau�e af the good 'pb t�e 1ra�d dane '� the past ten �years� his crea►i�vity � soNring
problems and dev�ortia� t�o the b�idge project � ha�d saved the ViNage a bt of money,
and corruner�ed this ha�d been tas be.st y�ear. C�ncil M�nber T�xr�quest �ied his
agreemerrt with the job weN done twt felt it would be inappropria�e to single him out for a
bonus since other employees wers not gettir�g increases. Council Member Arena
favored a$15,000 bonus. Council Nle�nber Humpage noted the Manager had given up
$6,�0 by not taldng his 496 raise, and sug�sted a middle ground. Cour�cil Member
Tumqt�st sugpested an aitemative of adding ir� the budget personal trai�A• MaY+a
Watlai�s felt it should be in the �nn of a PRC.
{Pu�ic Cornment)
Marcia Nielson, 94 Beec�v�aod Trail, e�ressed her opinion the Vili�ge Meu�ager �d
be given a I�r amount so as not to create a negativve peroeption with lovaer end
empbyees, and �esEed $10,OOU.
Frank D'An�ra, 23 Leewarrl Cin�e, sugge.s�ed for fut�re t�on�era� to manage the
bonus by settinp a�Ct�es �o be achieved, and �x ��esr take i� consideration atl
tl� c�rcumstarx�s and not over � �mder rewatd.
Dottie Campbell, 30 Eastwinds Circle. expressed her opinion that a bonu.s would no�t
only impact other empbyees but residerrts of the Vi�age; he had done his � welt but
so had everyone else.
Minutes — Regutar Council Meeting 8/5/10
Page 11
Council Member Arena commented this bonus was for past performance, when all
empioyees had received raises. A poll of the Ca�ncil indicated Council Member
Tumquest favored zero bonus, Councii Member Humpage favored $10�OU0, Council
Member Arena favored 15%, Vit:e Mayor Patemo favored $12,000, atid Mayor Watkins
favored $'! 2,000.
MOTI N: Vice Mayor Patemo made a motion to awand a one time performance
based recognitron compensation amount for the Village Manager for �scal Year 09/10
of $12,�0 gross. Council Member Humpage seconded the motian, which cairied by 4-
i vote, with Council Member Tumquest dissenting.
ADJOURNMENT: Council Member Humpage moved to ad1oum the meeting; seconded
by Council Memtae� Arena. The motion to adjoum carried unanimously 5-D; therefor�e
the meeting was adpumed at 12:08 a.m.
Respectfuiiy submitted,
,:
;�}'.,i � i..�. �' � �(',��(.k::Cr.t-�l
Lori McWilliams, MMC
Village Clerk
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are
not verbatim transcnpts of the meeting. A verbatim audio record is available from the
Offiae of the Vi!lage Clerk. AI! referenced attachments are on file in the Vii#age Clerlc's
office.
RESOLUTION 1�10. 22-10
A RESOLUTiON OF THE VN.LIIGE COUNCIL �F THE VILLAGE OF
TEQUE8TA� FLORIDA, APPROVING A ONE TiME PERFOI�MANCE
BASED RECOG1�1T1'tON COMPEN�ATlON AMQUt�1T FOR THE
�L.L�� MANAGER f� FISCAL YEAR i�/70 1N ACCORDANCE
WITH SEC7"ION � OF 71iE A�NDED EMPt.OY�NT AtiREEMENT
�TM�EN Ti� VILLAGE MI�UGER AND THE VILLAGE OF
TEQUEBTA DATED DECE�R 14, 2006; PROVIDING AN
EFFECTNE �4TE AND F�t OTI�'t PURPOSES.
WHEREA$, the ��lege af Tequesta Fias en�ered into an Em�M qgr+�r�errt
with its Vittage Nlenager, M+c�aei R. Cou�o, Jr. wh+c�t has been err�erxied from t� b
time with the la�t amended l�r�a�nent beir� dai6a�d Deoember 14. 2006 (the
.��; �
M�, s2rid Agteemertt pr� fior add�ionaf c�er�fiion �or the 1�ge
Manag�' based ort the pa�t y�'s pe�fiormanae �� krroMm �'P�orrnance
Reoogni6on ComPensation" C`PRC'� ecoa�ding fio Sec4on 4 af �he AAre�n�rt aru!
WHEREAS, the PRC is sdely at the opfi�on af the Vil�ge Coun�il to be b�ed a�
perFomr�noe; and
VYHEREAS. the Y� Camcii of 1he 1�age of T� has canefuNy nevie�w�ed
fhe Y�ge M�s perfonnanoe i�or tt� pa�t y�r and her+eby fmds the PRC i� in
� due, � o� �, �o tt�e 14�nagers �s �or�s in work�g on a�e
Tequesta Bridge Pro�Ct to ensure its oampletion d� a timely manner, sucx�s�ul
negotiations with the various V'�ltage bargaining units, ar�d saving the Vi1Fa� a
signific;arrt arrro�mt ofi money in tl�e nenewals aF numet�s corrtrads; ar�d
VIA�!lEREAS, the 1ri�age Counc�l � the V'�age a� T� beYe�+�es #t�t the
abo�re-�d accomp�sttmert�s �ot�g with a myrred ofi other' e�npfes afi r�e�fut
c�ost saving � wan�rnt the a�d of U� PRC and that �� aw�rd is in the
best in�er�s ofi the c�ens �fi the V'�Ilage of Teques�a in ader to maintain qualfty
mar�e�ne�t and �sure stabitity in tl�e v�age.
NO�III, THEREFORE. � iT RE�.YED BY THE VILLAGE COUNC.�. � THE
VILL.AGE � 1'Et.1tJESTA, PALM �ACFI �I�ITIf, FLAiRIDA, AS FOLLOWS:
1
�1 The PRC � piotiided for �fiion 4 of the irN�e AA�ger's
oonhac� is her�y su�wri�zed in the amour� +of TweMe Ttwt�and Doq�s (;12.Q�.�)
9ro�s (Mana�r to pay �).
� T� � shaN beoome �re inwt�ed� t�on .
2
The faregoing Resolution was ofhered by Vice-Mayor Paterno who moved its ad�tion.
The motion was seccmded by Counci! Member Humpage and upon being put to a vote,
the vote was as foNows:
For �ptio� Agair�t Adoption
Mayor Pat Waticins X
Vice-Mayor Tan Pa#emo X
Council Membec �nce A�sena X
Council Member Jim Humpage X
Council Member Calvin Tumquest X
The Mayor thereupvn declafed �e Resolution duly passed ar�d adopted th�s 5�' day of
August, 2010.
MAYOR QF TEQUESTA
�✓�
Pat Watkins
ATTEST:
` �NHN1111h��
'��o�``pRAT� T���1
�`,�_ t�_�.. � L�.� �-�"i- =_ a•�� Q'�Z�� ;4=
cWi11'�a 1 s, MMC =�� ��Q� �'.�'�:
Lori M :�. ��O � �:
Viliage Clerk % �.� � a���;
�� TM �� •'�,
Minutes — Regular Council N�e�ng 8h 1/11
Page 7
18. Update to Council on Jof�rt Application for Envlronmental Resource Permlt
Authorization to U�e Sov�ereign Submerged Lands — Shoreline Stabilizatia� and
Restoratlon Application (Jupiter Inle�t Lighthouse Outstandfig Natural �)
Mayor Patemo explained details associated with tF� Jupiter In�t Lighthouse Outstanding Natural
Area (JILONA) and their irrtentions regarding the Slmreline Stabilization and Restoration. He
noted he did not supp�ort the extent of the project and suggested a�tter sta�dng such be
forwarded, by the Village of Tequesta Council to the Florida Departmerrt of Ernrironmental
Protection. Council Member Humpage stated his support for the Mayors stance.
Consensus of Council was to send a letter of non support.
19. Discussion �d Approval of Perfamar�e Re�gnition Compe�sation (PRCj for
�7 Vil�ge Manager
�j
� I I� �I ���r Couzzo exited the meeting.
n� Council Member Humpage noted that Manager Couzzo had done a great job for #he Village but
economic times were tough and, suggested eliminating the PRC clau� 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 Cou�o had done a stupendous j�. Ma�r Patemo felt Manager Couzzo had
�rformed a terrific job and should be given something even 'rf it were one dollar. Council Member
Humpage suggested offering a fuel allowance in lieu of cash and comrr�nted that Manager
C�o was well compensated for tt� position.
(Public Comment)
Tom Bradford, 44 Chestnut Trail, explained that he was Deputy Town Manager of Pafm 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 o# his
understandir� that moral was down in the Village because employees bel�ved Manager Couuo
was being overly compensated for his dut�s.
Marcia Nielson, 94 Beechwood Trail, stated she agreed wi#h Mr. Bradford that a tor� was se# 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 tf� Village Manager regarding previous bonuses. He a� that everyone
should � cognizant of what was happening around them as v�rt�at others were not receiving. He
concluded with his belief that Manager Cou�o was well c�mpensat�d 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
referer�ced the budget and the unseen e#forts of the Manager which generated revenues and kept
the Village's budget heafthy.
Vice Mayor Arena reflected on past years PRC amourrt� and suggested $6,000. Council Member
Humpage noted that Manager Couzzo was getting one percent more than arryone else in his
automatic salary increase and recommended $2,500 be given for his PRC. Cour�cil Member
Brennan asked Mr. Bradford his opinion. Mr. Bradford said he would not look a gift hor5e in the
mouth �t �e should be cognizant of the ramifications from ifie public and the employees.
Courxtil IU�mber Brenna.n supported the $2,500 figure.
NIOTtOIV: Council Member Hurr�a� moved a�provaJ of $2,500 for Manag►er Couzzo's
Performance Recognition Compensation; secondeal by Council Member Brennan; motion carr�ed
unanimously 4-D
Resolution 18-11, Approving a One-Time Performance Based Recognition Com�nsati�
Amoun# for the Villa� Manager for Fiscal Year 10/11 in Accordance arith Sec�ior� 4 of the
Second Employmen# Agreemerrt between the Village Mana�r and tf� Village of Tequesta
Dated August 5, 2010
AAOTION: Council Member Humpage moved approval of Resoluiion 18-11 wlH� the Perf+ormance
Recogni#ion Compensation set at $2,500; seconded by Council Mem�ber Brennam, motion carried
unanimous�y 4-0
STAN�1� REPaRTS
• ViU�e Attornev
sttomey Davis advised that he was v�orking with the Police Ghief regarding a vehicle forfeiture
case on the subject of a Ford F150 truck which had been seized in an arrest.
• Villas�e Manaqer
Absent
ANY OTHER MATTERS
None
RESOLUTION NO. 18-11
A RES�..UTION OF THE VILLAGE COUNCIL OF THE NLIAGE OF
TEQUESTA, FLORIDA, APPROVING A ONE TIME PERFORMANCE BA3ED
RECOGNITION COMPENSATION IN THE AMOUNT OF L250Q.00 FaR THE
YILLAGE MANAGER FOR FISCAL YEAR 10111 IN �1CC�RDANCE WITH
SECTION 4. OF THE SECOND EMPLOYMENT AGREEIIENT BEIIAIEEN THE
VtLLAGE MANAGER AND THE VILLAGE OF TEGIUESTA DATED AUGUST 5,
2010; PROM�iNG AN EFFECTIVE DATE AND F� OTHER PURPOSES.
WHEREAS, the Village of Tequesta has errtered irrto an Employment Agreemerrt vv�th its
�Il�e Manager, Michael R. Couao, Jr. which has beert amended from time to time with the
latest Agreemerrt being approved dated August 5, 2010 (the "Agreemer�; and
'WHEREAS, said Agneement provid� f� additional c�nper�ation for the �Ilage
Manager based � tt� past year's pe�fa�manoe arul is kno�wn as "Perfamanoe Recognition
Canpensation' ("PRC') ac�or�ng to Sedion 4 of tt�e Agreement; and
WHEREA3, the PRC is solely at the option of the �Ilage Couna! to be �s� on
performance; and
WHEREAS, the Village Coundl of the �lillage of Tequesta has carefully review�d the
Village Manager's perfi�mance for t�e pa�t year and h�+eby f�ds the PRC �� orde� due;
MIHEREAS. tF�e V'tl�je Couna! of the V'�la�ge of Tequesta believes tha�t along with a
myri� of examples af r�ouroeful co�t saving m�sur+�s waRant t1�e awani aPF tt�e PRC and that
such an award is in the best interests of the citizens of the �Ilag� of Tequest� in o� to
maintain quality management a� ensure sNability in the Vllage.
NOW, THEREF(�E, 8E IT RESOLVED BY THE VILLAGE COUNCIL � THE N{LLAGE OF
TEQUESTA, PALN BEACH C�JMI'Y, FL�DA, AS FOL.IOWS:
Section 1 The PRC as provided for Section 4 of the Village Manager's oontract is
hereby author¢ed in the amount of �"L500.00 gross {AAanag� to pay taxes)•
Section 2 This Resolution shall become ef�ective immediefiety upon passage.
1
The foregoing Resolu#ion was offered by Council Member Humpage who mave�i it�s
adoption. The motion was seconded by Council Member Brennan and upt�n t�ir�g put
to s vofe the vote was as fiollows:
Fc�s Adopf�on Against �dop�o�
Mayc�r Tom Patemo X
Vic�-Mayor Vince arena X
Gou�tci111Aember Abby Bre�nnan X
Cauncit Member Jim Humpage X
Councii Member Calvin Turnques# Absent
The Mayor thereupon declared the Resolution duly passed and adopted tt�is 11�' day �f
August, 2011.
MAYQR OF TEQUESTA
� �
Tom Patema
ATTEST:
�,,,,,��,��������,,,,
` ������ ` ��L � o� ,' � rr ir
� (�1.� �"� C(.c� c.e.�.-c1x�'=� _'' A �;,
=n: . f � �fi 4 ➢:° �
Lori McWilliams, MMC :.�; �� -�•�_
Village Clerk : p••,� ���F ,�,�.�'�y =
''-'� '' .r957 Q • ,`,
.,,� �,� .,• • '�,,,,
�' a, � .