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09-22-2011 VC REG-M MINUTES OF THE REGULAR SESSION 111 VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 22, 2011 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor T.R. Hernacki, P.E., Councilman William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Len Rubin, Village Attorney James Titcomb, Village Manager Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Aubrey 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 Norris gave the invocation and Councilman Hernacki led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Regular Session held 9/8/11 were approved as written. STATEMENTS FROM THE PUBLIC Cindee LaCourse-Blum, Executive Director, and Angela Usher, Director, presented a plaque to Village Manager James Titcomb on behalf of the Community Land Trust of Palm Beach County, in recognition of his service as founding member and former President of the organization. Mayor Aubrey announced that agenda item 6C3, 1st reading of Ordinance 2011-19, Old Port Cove South Marina Commercial Planned Unit Development, had been removed from the agenda. SECOND READING AND ENACTMENT OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Councilman Gebbia and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2011-16 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND • ENDING SEPTEMBER 30, 2012; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held September 22, 2011 Page 2 of 5 SECOND READING AND ENACTMENT OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued • A motion was made by President Pro Tern Manuel and seconded by Councilman Gebbia to adopt and enact on second reading Ordinance 2011-17 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb noted that through discussions at budget workshop meetings, the budget was adjusted in order to keep the millage rate the same as last year. Mr. Titcomb reminded the public that the budget is accessible online and a printed copy is available at the Library. Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. With no comments from the public, Mayor Aubrey closed the public hearing. Mayor Aubrey announced that the rolled back rate is 7.2240, the percentage decrease under the rolled back rate is 3.48%, and the millage rate to be levied is 6.9723 mils. The motion to adopt and enact Ordinance 2011-16 on second reading passed unanimously. The motion to adopt and enact Ordinance 2011-17 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2011-18—REGULATION OF FIREARMS A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2011-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO STATE PREEMPTION OF THE REGULATION OF FIREARMS AND AMMUNITION; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 8, "EMERGENCY MANAGEMENT," BY AMENDING SECTION 8-5, "DECLARATION OF STATE OF EMERGENCY," TO DELETE THE AUTHORITY TO SUSPEND OR REGULATE THE SALE OF AMMUNITION AND FIREARMS; AMENDING ARTICLE VIII, "WEAPONS," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY AMENDING SECTION 19-183, "POSSESSION," TO REMOVE THE REGULATION OF GAS-OPERATED GUNS AND DELETE REFERENCES TO THE CONCEALED OR OPEN CARRYING OF ANY TYPE OF FIREARM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; • PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Aubrey opened the public hearing. With no comments from the public, Mayor Aubrey closed the public hearing. Thereafter,the motion to adopt and enact Ordinance 2011-18 on second reading passed unanimously. Minutes of Village Council Regular Session held September 22, 2011 Page 3 of 5 FIRST READING OF ORDINANCE 2011-19— STORMWATER MANAGEMENT • A motion was made by Councilman Hernacki and seconded by President Pro Tern Manuel to adopt on first reading Ordinance 2011-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO THE VILLAGE'S STORMWATER SYSTEM;AMENDING ARTICLE V, "STORMWATER MANAGEMENT," OF CHAPTER 21, "PLANNING AND DEVELOPMENT," BY AMENDING SECTION 21-70, "WATER QUALITY," TO DELEGATE OVERSIGHT OF THE STORMWATER SYSTEM TO THE COMMUNITY DEVELOPMENT DIRECTOR; AMENDING ARTICLE VI, "CODE ENFORCEMENT," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR ENFORCEMENT OF THE STORMWATER REGULATIONS BY THE CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Ordinance 2011-19 on first reading passed unanimously. CONSENT AGENDA Items 6.D.1 and 6.D.2 were removed from the consent agenda. President Pro Tem Manuel moved to approve the consent agenda. The motion was seconded by Councilman Hernacki and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the General Employees Pension Board meeting held 8/3/11 Receive for file Minutes of the Library Advisory Board meeting held 8/23/11 Receive for file Minutes of the Recreation Advisory Boar meeting held 9/13/11 RESOLUTION 2011-35 — MEMORANDUM OF UNDERSTANDING AMENDING 2010-13 COLLECTIVE BARGAINING AGREEMENT WITH FEDERATION OF PUBLIC EMPLOYEES A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-35 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING AMENDING ARTICLE 35 OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERATION OF PUBLIC EMPLOYEES RELATING TO WAGES FOR BARGAINING UNIT MEMBERS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE MEMORANDUM OF UNDERSTANDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb explained the date change in Section 2 of the Memorandum of Understanding. It was noted that it is the second year of a three-year contract;there is no cost-of-living adjustment; there is • a zero to five percent increase based on performance; and there is no change in salary ranges. Mr.Rubin discussed recent legislation concerning the circumstances under which bonuses can be offered, which would affect bonuses for employees who have reached the maximum pay range for the position. Thereafter, the motion to adopt Resolution 2011-35 passed unanimously. Minutes of Village Council Regular Session held September 22, 2011 Page 4 of 5 RESOLUTION 2011-36 — FIRST ADDENDUM TO 2010-13 COLLECTIVE BARGAINING • AGREEEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928 A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-36 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RATIFYING A FIRST ADDENDUM AMENDING ARTICLE 30 OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, RELATING TO WAGES FOR BARGAINING UNIT MEMBERS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST ADDENDUM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place regarding Section 2 of the agreement, which provides for advancement by one step in the pay plan, last amended for fiscal year 2010-2011. Thereafter, the motion to adopt Resolution 2011-36 passed unanimously. RESOLUTION 2011-37—ALTERNATE CODE ENFORCEMENT SPECIAL MAGISTRATE A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt Resolution 2011-37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPOINTING AN ALTERNATE CODE ENFORCEMENT SPECIAL MAGISTRATE;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin confirmed that Mr. MacGibbon was still interested in serving. Thereafter, the motion to adopt Resolution 2011-37 passed unanimously. RESOLUTION 2011-38—AD HOC BUSINESS ADVISORY COMMITTEE EXTENSION A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-38 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION 2010-40 TO EXTEND THE DURATION OF THE AD HOC BUSINESS ADVISORY COMMITTEE, EXTEND THE MEMBERSHIP OF CURRENT MEMBERS, AND REDUCE THE QUORUM REQUIREMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb stated the resolution reduces the number of members and gives them additional time to • complete their work and make recommendations to Council. Thereafter, the motion to adopt Resolution 2011-38 passed unanimously. Minutes of Village Council Regular Session held September 22, 2011 Page 5 of 5 RESOLUTION 2011-39—EXTENDING SMALL BUSINESS GRANT PROGRAM A motion was made by Vice Mayor Norris and seconded by Councilman Gebbia to adopt Resolution • 2011-39 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION 2010-45 TO EXTEND THE SMALL BUSINESS GRANT PROGRAM AND PROVIDE FOR THE CARRYOVER OF UNEXPENDED FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the initial appropriation in FY 2009-2010 provided for a one-year carryover of funds and the proposed resolution provides for carryover to FY 2011-2012, with continued carryover in subsequent years until the funds are expended or Council discontinues the program. Mr. Titcomb advised that $84,600 in unexpended grant funding would be rolled over to FY 2011-2012. Thereafter, the motion to adopt Resolution 2011-39 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Discussion took place concerning items suggested for Audit Committee action, which included: 1. Compile expense and revenue profiles for five to ten municipalities in the surrounding area; assess the cost per capita for total services as well as specific services such as parks and recreation, fire-rescue, police, sanitation, and compare with North Palm Beach. 2. Pick at least two municipalities with golf courses and do a forensic analysis of costs, revenue, and financial viability versus North Palm Beach. 3. Review process in North Palm Beach for developing the capital plan for the next five years and compare predictions for useful life of equipment and structures versus actual over the past years. Poll surrounding municipalities about their processes for capital planning. 4. Review and compare property/general liability coverage, process of selection, and timely renewal for fiscal year 2013. Discussion took place concerning the process for renewing property/general liability insurance. Audit Committee Chairman Tom Magill and Vice Chairman Richard Podell reviewed the suggested assignments with Council. Regarding property/general liability insurance, Mr. Magill suggested Council consider two-year insurance packages, determine a start date for the bid process, and turn it over to the insurance consultant. Mr. Podell noted the Audit Committee can audit the process, but does not have the expertise to compare coverages. Regarding item 1, Council suggested that staff compile statistics from five municipalities for the Audit Committee to analyze. Mr. Magill advised that the Audit Committee would undertake all four of the suggested items. Additionally, the Audit Committee is in the process of investigating restructuring of the golf course loan. VILLAGE MANAGER MATTERS/REPORTS Mr. Titcomb announced the 9/11 Memorial Dedication Ceremony Friday at 3:00 p.m. and Veterans Day event at 11:00 a.m. on November 11th. Mr. Titcomb reported on the status of Village projects. • ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:41 p.m. Melissa Teal, CMC, Village Clerk