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12-10-2009 VC REG-M• • MINUTES OF TIIE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 10, 2009 Present: David B. Norris, Mayor William Manuel, Vice Mayor 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 Absent: ROLL CALL Darryl Aubrey, Sc.D., President Pro Tem Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present, except President Pro Tem Aubrey who was absent due to illness. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Eissey gave the invocation and Councilman Hernacki led the Pledge of Allegiance. AWARDS AND RECOGNITION meet the River of Grass Canoe Expedition. Mayor Norris proclaimed 2010 The Year of the Everglades. Arthur R. Marshall Foundation Executive Director Josette Kaufinan, and Board of Directors Member Deborah Nichols were present to receive the proclamation. Ms. Kaufinann invited the public to attend a reception at 4:00 pm on 1/7/20].0 at Grassy Waters Preserve, when a Grand Finale Flotilla of Paddlers will APPROVAL OF MINUTES The Minutes of the Regular Session held 11/12/09 and Minutes of the Special Session held 11/23/2009 were approved as written. FIRST READING OF ORDINANCE 2010-01 -POLICE AND FIRE PENSION PLAN Motion by Vice Mayor Manuel, second by Councilman Eissey, to adopt on first reading Ordinance 2010-01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF THE VILLAGE CODE OF ORDINANCES; AMENDING THE DEFINITIONS OF CREDITED SERVICE AND EARNINGS TO PROVIDE CERTAIN BENEFITS FOR MEMBERS ABSENT FROM WORK ON QUALIFYING MILITARY SERVICE; AMENDING THE DEFINITIONS OF FIREFIGHTER AND POLICE OFFICER TO CLARIFY THE INCLUSION OF SUPERVISORY PERSONNEL; AMENDING THE EXCLUSIONS FROM DISABILITY TO RECOGNIZE CERTAIN BENEFITS FOR MEMBERS ABSENT FROM WORK ON QUALIFYING MILITARY SERVICE; AMENDING THE OPTIONAL FORMS OF BENEFITS Minutes of Village Council Regular Session held December 10, 2009 Page 2 of 6 TO ALLOW A RETIRED MEMBER TO CHANGE HIS OR HER BENEFICIARY UP TO TWO TIMES WITHOUT BOARD APPROVAL; MODIFYING THE TERMS OF THE • MEMBERS OF THE BOARD OF TRUSTEES; ALLOWING MEMBERS TO BUY FEDERAL POLICE OFFICER OR FIREFIGHTER SERVICE; AMENDING THE POWERS AND AUTHORITY OF THE BOARD OF TRUSTEES TO EXPAND THE PERMISSIBLE INVESTMENTS AND REQUIRE IDENTIFICATION OF AND DIVESTITURE FROM SCRUTINIZED COMPANIES; AMENDING THE REPEAL OR TERMINATION PROVISIONS TO INCORPORATE NEW STATE LAW PROVISIONS; AMENDING THE PLAN TO ALLOW FOR THE PAYMENT OF THIRD PARTY INSURANCE PREMIUMS FROM A MEMBER'S RETIREMENT; AMENDING SECTIONS 2-159, 2-161, 2-162, 2-164, 2-165, 2-166, 2-168 AND 2-169 OF THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that the Board of Trustees of the Village's Police and Fire Pension Fund has proposed amendments to the pension plan in accordance with the Heroes Earnings Assistance and Relief Act of 2009 (HEART Act) and recent amendments to Chapters 175 and 185, Florida Statutes. Mr. Knight explained the required and permissive amendments provided for by the HEART Act and Florida Statutes. Mr. Knight reported that the proposed ordinance provides that it shall not become effective until receipt and acceptance by the Village Council of a report establishing the actuarial soundness of the amendments; ratification by the Village Council of a collective bazgaining agreement ratifying the changes to the pension benefits or receipt of a waiver of bazgaining or impact bargaining; and the transmittal of the Ordinance to the State of Florida Division of Retirement. Mr. Knight reported receipt of the Actuarial Impact Statement prepazed by Foster & Foster determining that the adoption of the amendments will have no impact on the assumptions used in determining the Plan's funding requirements. Discussion took place regazding benefit payments for death or disability that occurs during military service. Thereafter, the motion to adopt Ordinance 2010-01 on first reading passed unanimously. CONSENT AGENDA Councilman Eissey moved to approve the consent agenda. Vice Mayor Manuel seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Police and Fire Pension Board meeting held 8/18/09 Receive Minutes of Waterways Board meeting held 10/20/09 Receive Minutes of Code Enforcement Board meeting held 11 /2/09 Receive Minutes of Recreation Advisory Board meeting held 11/10/09 Recommendation: "...consider extending residential privileges to all Village taxpayers whether they live in the Village or not." Receive Minutes of Waterways Board meeting held 11/17/09 • Receive Minutes of Library Advisory Board meeting held 11/24/09 Minutes of Village Council Regular Session held December 10, 2009 Page 3 of 6 RESOLUTION 2009-70 -COLLECTIVE BARGAINING AGREEMENT WITH PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION • Vice Mayor Manuel moved to adopt Resolution 2009-70 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 POLICE BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, 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. Councilman Eissey seconded the motion. Mr. Knight advised the agreement is effective 10/1/2009 to 09/30/2010. Mr. Knight reviewed changes to the collective bargaining agreement regarding continuing education, uniforms, and clothing allowance. Mr. Knight noted that cost-of-living (COLA) increases will be based on the adopted budget. Mr. Knight reported that the agreement provides for elimination of the lump sum option from the General Employees defined benefit pension plan and closure of the defined benefit plan to newly hired non-sworn employees. Thereafter, the motion to adopt Resolution 2009-70 passed unanimously. RESOLUTION 2009-71 -LIBRARY ADVISORY BOARD APPOINTMENTS Diane Page addressed the Council concerning her interest in serving on the Library Advisory Board. By written ballot, the original of which is attached to the minutes of record, the Council appointed Diane Page as 1st Alternate and Tina Chippas as 2nd Alternate to the Library Advisory Board. Thereafter, the names of Diane Page and Tina Chippas were entered into Resolution 2009-71. Vice Mayor Manuel moved to adopt Resolution 2009-71 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Eissey seconded the motion, which passed unanimously. RESOLUTION 2009-72 -AMENDMENT TO LEASE AGREEMENT WITH PEAS AND CARROTS CATERING Vice Mayor Manuel moved to adopt Resolution 2009-72 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH PEAS AND CARROTS CATERING, INC. (DB/A CONTINENTAL CATERING) FOR FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY • CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion. Minutes of Village Council Regular Session held December 10, 2009 Page 4 of 6 RESOLUTION 2009-72 -AMENDMENT TO LEASE AGREEMENT WITH PEAS AND CARROTS CATERING continued • Mr. Knight gave a brief history of recent discussions concerning proposed lease amendments and noted language changes on page 3, Sections 4.B and 4.C of the revised agreement. Discussion was held regarding "professional fess" in Section 4.B. Mr. Rubin clarified that this refers to legal and accounting fees incurred only in the normal and ordinary course of business. It was noted that the lease amendment is retroactive to 10/1/2009, and financial statements and payments for October and November 2009 are due by the end of December 2009. Thereafter, the motion to adopt Resolution 2009-72 passed unanimously. RESOLUTION 2009-73 -ELECTIONS SERVICES AGREEMENT WITH PALM BEACH COUNTY SUPERVISOR OF ELECTIONS Vice Mayor Manuel moved to adopt Resolution 2009-73 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Eissey seconded the motion. Village Clerk Melissa Teal explained that the Palm Beach County Supervisor of Elections (SOE) requested the Palm Beach County League of Cities form an ad hoc committee to produce a draft agreement for the conduct of municipal elections, and the League Board of Directors reviewed the agreement, with the final, negotiated agreement being distributed on 11/30/09. Ms. Teal advised that in order to have the use of the voting equipment for the March municipal election it is necessary for the Village to enter into an agreement with the SOE. Ms. Teal noted that the agreement is for one calendar year and covers any elections during that period. Discussion ensued on the additional costs for municipal elections. Ms. Teal estimated an additional cost of $5,600 per municipal election for services to be provided by the SOE, but noted that certain costs will be shared among all municipalities holding elections on the same date. Ms. Teal reported that if the Village wished to conduct early voting at its own locations there would be an additional cost; however, the SOE will provide early voting at SOE offices, including the North County Courthouse, during regular business hours at no extra charge. Discussion took place concerning changing the cycle of Village elections. Mr. Knight advised that in 2003, the Charter Review Committee discussed increasing Council terms, although it was subsequently defeated at referendum. Mr. Knight noted that the total cost of a municipal election, excluding a runoff election, could be $20,000 to $25,000. Mr. Knight reviewed the deadlines for placing a referendum question on the ballot. • Thereafter, the motion to adopt Resolution 2009-73 passed unanimously. Minutes of Village Council Regular Session held December 10, 2009 Page 5 of 6 RESOLUTION 2009-74 -COOPERATIVE AUTHORITY FOR LIBRARY AUTOMATION • Vice Mayor Manuel moved to adopt Resolution 2009-74 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING VILLAGE ADMINISTRATION TO SEEK MEMBERSHIP IN THE COOPERATIVE AUTHORITY FOR LIBRARY AUTOMATION AND AUTHORIZING VILLAGE ADMINISTRATION AND VILLAGE OFFICIALS TO TAKE ALL STEPS NECESSARY TO EFFECUTATE SUCH MEMBERSHIP, INCLUDING EXECUTION OF AN INTERLOCAL AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion. Mr. Knight reported that the current automation system is too small. Mr. Knight explained that as a member of the Cooperative Authority for Library Automation (COALA), the Village would share the expense of astate-of--the-art .automation system, with costs determined by estimated circulation use. Mr. Knight reported costs for the current fiscal year are $27,731, which will be funded by the Village's LSTA grant. Discussion took place concerning the number of participating municipalities and potential savings if other cities joined the cooperative. Thereafter, the motion to adopt Resolution 2009-74 passed unanimously. FINAL CLOSEOUT OF STREET OVERLAY PROJECT Vice Mayor Manuel moved to authorize final closeout of the Street Overlay project and final payment to Charles S. Whiteside, Inc. in the amount of $26,837 in accordance with Village policies. Councilman Eissey seconded the motion, which passed unanimously. MAYOR AND COUNCIL MATTERS Vice Mayor Manuel distributed information on unfunded mandates, TABOR, and pension funds from the Florida League of Cities Legislative Conference and the Intergovernmental Legislative Policy Committee meeting. Discussion took place concerning a moratorium on pain clinics. Mr. Knight reported that Palm Beach County would be making a formal request for cities to adopt a moratorium on pain clinics. Mr. Rubin requested an official vote from Council to declare azoning-in-progress as it pertains to pain management clinics, pending a moratorium. Councilman Hernacki moved for a moratorium on granting business tax receipts to pain clinics due to azoning-in-progress to ensure that those businesses are compatible with the surrounding businesses and Florida Statutes. Vice Mayor Manuel seconded the motion. Mayor Norris asked for comments from the public. There were no comments from the public, and thereafter, the motion passed unanimously. Vice Mayor Manuel noted that the Village's representative on the Seacoast Utility Authority • Board, Don Noel, has resigned, and moved that Village Manager Jimmy Knight be appointed to serve on the Board. Councilman Eissey seconded the motion, and all present voted aye. Minutes of Village Council Regular Session held December 10, 2009 Page 6 of 6 REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS • Pursuant to the request of the Waterways Board at its 11/17/09 meeting, Chairman Ken Wright reported on newly enacted statutes concerning moored vessels. Mr. Wright advised that Section 327.60 F.S. prohibits municipalities from regulating anchoring and mooring of non-liveaboard vessels unless they have a managed mooring field. Mr. Wright noted a conflict with Section 5-18 of the Village Code of Ordinances. Mr. Wright reviewed the potential locations and costs associated with implementing a managed mooring field and requested Council direction on whether or not to proceed with further investigation of this issue by the Waterways Board. Mr. Knight discussed the infrastructure and staffing requirements for a managed mooring field and recommended against the Village establishing a managed mooring field. Mr. Knight advised that the Village Attorney is preparing a code amendment to bring Village regulations in compliance with Florida Statutes. Public Safety Marine Patrol Officer Scott Vandeusen stated that the Village is prohibited from creating, maintaining, or enforcing regulations on non-liveaboard vessels. Officer Vandeusen discussed the pilot program for managed mooring fields and reviewed the status of transient vessels in the north end of Lake Worth. Consensus of Council was that it had no interest in pursuing a managed mooring field, and staff was directed to prepare revisions to Chapter 5 of the Code of Ordinances. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:47 p.m. d~ Melissa Teal, CMC, Village Clerk CLERK'S TALLY SHEET LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round 1 Round 2 Chippas, Tina ~ l~ Page, Diane ill/ Rogers, Louva Tochner, Joan 7!%r~ ;,, TAG (Signature) c ~(Si na re) Round 3 • BALLOT LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round 1 Round 2 Chippas, Tina Page, Diane Rogers, Louva Tochner, Joan ~~ ~~ (Signature) Round 3 • ~ BALLOT LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round 1 Round 2 Chippas, Tina Page, Diane Rogers, Louva Tochner, Joan ,, (Sig ature) Round 3 • BALLOT LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round 1 Round 2 Round 3 Chippas, Tina Page, Diane -~- Rogers, Louva o Tochner, Joan ~;_ ~r D (Signature) • BALLOT LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round Round 2 Chippas, Tina Page, Diane Rogers, Louva Tochner, Joan Round 3 • BALLOT LIBRARY ADVISORY BOARD December 10, 2009 Vacancies: 2 alternates Round 1 Round 2 Round 3 Chippas, Tina Page, Diane Rogers, Louva Tochner, Joan (Signature)