11-12-2009 VC REG-M MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 12, 2009
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Len Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Manuel called for a moment of silence in memory of those killed at Ft. Hood and
their families. Vice Mayor Manuel gave the invocation. Councilman Eissey led the public in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 10/22/09 were approved as written.
STATEMENTS FROM THE PUBLIC
Bob Gebbia, 131 Bowsprit Drive, requested Council support for a 5K Run on Heritage Day as a
fundraiser for the Support Our Troops program. Mr. Gebbia advised that volunteers would be
responsible for the event with the exception of traffic control. Council consensus was to approve
the request provided the Village Manager is able to resolve resource and staffing issues.
SECOND READING AND ENACTMENT OF ORDINANCE 2009-16—AMENDING NOTICE
REQUIREMENTS FOR LAND USE CHANGES
Vice Mayor Manuel moved to adopt and enact on second reading Ordinance 2009-16 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING AND DEVELOPMENT,"
ARTICLE I, "IN GENERAL," OF THE VILLAGE CODE OF ORDINANCES TO ENACT A
NEW SECTION 21-3, "PUBLIC NOTICE REQUIREMENTS FOR DEVELOPMENT ORDER
APPLICATIONS AND APPROVALS;" AMENDING SECTIONS 5-86, 6-111, 21-21, 45-35.1,
45-49 AND 45-50 OF THE VILLAGE CODE OF ORDINANCES TO INCORPORATE THE
PUBLIC NOTICE REQUIREMENTS AND TO UPDATE THE TERMINOLOGY;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
President Pro Tern Aubrey seconded the motion.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor
Norris closed the public hearing.
Thereafter,the motion to adopt and enact Ordinance 2009-16 on second reading passed unanimously.
Minutes of Village Council Regular Session held November 12,2009 Page 2 of 5
CONSENT AGENDA
Councilman Eissey moved to approve the consent agenda. Vice Mayor Manuel seconded the
motion, which passed unanimously. The following items were approved:
Motion granting a merit increase of 4.6%to the Village Clerk based upon the averaged score
of the performance evaluations and directing Village administration to process same.
Receive Minutes of Planning Commission meeting held 8/4/09
Receive Minutes of General Employees Pension Board meeting held 8/19/09
Receive Minutes of Waterways Board meeting held 9/22/09
Receive Minutes of Code Enforcement Board meeting held 10/5/09
Receive Minutes of Golf Advisory Board meeting held 10/12/09
Receive Minutes of General Employees Pension Board meeting held 10/21/09
Receive Minutes of Library Advisory Board meeting held 10/27/09
RESOLUTION 2009-64—COLLECTIVE BARGAINING AGREEMENT WITH PROFESSIONAL
FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928 IAFF INC
Vice Mayor Manuel moved to adopt Resolution 2009-64 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE VILLAGE AND THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
President Pro Tern Aubrey seconded the motion.
Mr. Knight advised the collective bargaining agreement is effective retroactive to 10/1/09 through
9/30/10. Mr. Knight reported changes to the agreement in Articles 10, 133 21, and 34.
Thereafter, the motion to adopt Resolution 2009-64 passed unanimously.
RESOLUTION 2009-65—FY 2008-2009 GENERAL FUND BUDGET AMENDMENT
Vice Mayor Manuel moved to adopt Resolution 2009-65 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO AMEND THE 2008-2009 GENERAL FUND BUDGET FOR THE PURPOSE OF
TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE
Councilman Hernacki seconded the motion.
Mr. Knight reported a projected budget surplus that will increase the undesignated reserve more
than$1.2 million based on preliminary year-end figures.
Discussion ensued on pool expenditures. Finance Director Samia Janjua noted the need to
increase the appropriation for pool personnel and operating expenses.
Thereafter, the motion to adopt Resolution 2009-65 passed unanimously.
Minutes of Village Council Regular Session held November 12,2009 Page 3 of 5
RESOLUTION 2009-66—FY 2008-2009 COUNTRY CLUB BUDGET AMENDMENT
Vice Mayor Manuel moved to adopt Resolution 2009-66 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO AMEND THE 2008-2009 COUNTRY CLUB BUDGET FOR THE PURPOSE OF
TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Eissey seconded the motion.
Mr. Knight advised that preliminary year-end numbers indicate an estimated $194,119 in
revenue over expenses.
Discussion ensued on the increase to the Food&Beverage operating line item. Finance Director
Samia Janjua reported the actual cost of solid waste disposal was more than budgeted.
Thereafter, the motion to adopt Resolution 2009-66 passed unanimously.
RESOLUTION 2009-67—JANITORIAL SERVICES AGREEMENT
Councilman Eissey moved to adopt Resolution 2009-67 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL FOR JANITORIAL SERVICES
SUBMITTED BY HARVARD MAINTENANCE, INC. AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel seconded the motion.
Discussion ensued on the difference between the high and low bids, as well as the amount
budgeted for janitorial services in fiscal year 2009.
Thereafter, the motion to adopt Resolution 2009-67 passed unanimously.
RESOLUTION 2009-68 MEMORANDUM OF MAINTENANCE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION(FDOT)FOR NORTHLKAE BOULEVARD
Vice Mayor Manuel moved to adopt Resolution 2009-68 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE
INSTALLATION OF LANDSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY
FOR STATE ROAD 850 (NORTHLAKE BOULEVARD) AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilman Eissey seconded the motion.
Public Works Director Wiley Livingston reported there is no additional cost for maintenance.
Thereafter, the motion to adopt Resolution 2009-68 passed unanimously.
Minutes of Village Council Regular Session held November 12,2009 Page 4 of 5
RESOLUTION 2009-69 PUBLIC SAFETY PATROL VEHICLE PURCHASE
Councilman Eissey moved to adopt Resolution 2009-69 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF THREE 2010
FORD CROWN VICTORIA MARKED PATROL VEHICLES PURSUANT TO THE
FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND
FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS; DECLARING SPECIFIED
PUBLIC SAFETY VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR
DISPOSAL;AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel seconded the motion, which passed unanimously.
MAYOR AND COUNCIL MATTERS
Vice Mayor Manuel reminded Council to RSVP for the Tri-Cities Barbeque sponsored by the
Palm Beach County League of Cities.
Vice Mayor Manuel requested an item be placed on an upcoming Workshop Session for Council
discussion of a loophole in the code in reference to the definition of"art."
VILLAGE MANAGER MATTERS
Mr. Knight advised that the Parker Bridge project start date was postponed to 11/30/09. Because
there will be delays due to bridge openings during the construction project, Mr. Knight expressed
the intent to staff a temporary Public Safety field office at Old Port Cove Plaza, as a staging
point for fire truck apparatus during high-traffic peak hours. Mr. Knight advised this would
necessitate a lease agreement for the 600 square foot office ($1.00 fee) and additional minimal
cost for office furniture and electricity. Council consensus was to approve the proposal.
Mr. Knight reported that the premium of approximately $31,000 for the windstorm rider on the
Village's insurance policy with Florida Municipal Insurance Trust (FMIT) was returned by
FMIT, after it was determined that the rider was not necessary, since all Village facilities are
more than one-half mile from the Atlantic Ocean.
Mr. Knight advised that staff has been researching the feasibility of including part-time
employees in our insurance at zero cost to the Village. Mr. Knight noted that part-time
employees comprise 33% of the Village workforce. Mr. Knight suggested that part-time
employees be allowed to purchase insurance through the Village's insurance pool at their own
expense. Council consensus was to allow Mr. Knight to investigate the matter.
Mr. Knight distributed information on Nixle, an online service that would allow residents to sign
up to receive information from the Village,based on their specific areas of interest.
Mr. Knight reminded Council of the upcoming Members' Night on 11/21/09 at the North Palm
Beach Country Club, which will begin with a golf exhibition on the putting green.
Councilman Eissey expressed thanks to Chief O'Neill, Chief Armstrong, the Public Safety
Department, and the Fire Department for arranging and participating in the Village's Veterans
Day ceremony and celebration.
Minutes of Village Council Regular Session held November 12,2009 Page 5 of 5
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Discussion took place concerning the request of the Library Advisory Board that the Village
Council review Robert Maurer's attendance record. President Pro Tem Aubrey reported that
Mr. Maurer intends to submit a letter of resignation from the Board, due to personal and
professional scheduling conflicts.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:07 P.M.
Melissa Teal, CMC, Village Clerk