10-13-2011 VC REG-M MINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 13, 2011
Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
T.R. Hernacki, P.E., Councilman
William L. Manuel, President Pro Tem
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
Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the Regular Session held 9/22/11 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-19 — STORMWATER
MANAGEMENT
A motion was made by Councilman Hernacki and seconded by President Pro Tern Manuel to
adopt and enact on second 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.
• Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor
Aubrey closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-19 on second reading passed
unanimously.
Minutes of Village Council Regular Session held October 13, 2011 Page 2 of 3
ORDINANCE—CHANGE OF GENERAL ELECTION DATE—FAILED
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
• on first reading a proposed ordinance entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH BEACH,
FLORIDA, CHANGING THE DATE OF THE MARCH 2012 GENERAL ELECTION TO
COINCIDE WITH THE STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY;
PROVIDING FOR A QUALIFYING PERIOD; PROVIDING FOR THE COMMENCEMENT
OF TERM OF OFFICE; DIRECTING THE VILLAGE CLERK TO PROVIDE A COPY OF
THIS ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Titcomb explained that the proposed ordinance affords the Village the opportunity to hold its
election on the date of the state presidential preference primary, should Council so choose.
Although changing the date of the election could result in potential cost savings for the Village,
Mr. Titcomb noted it would require moving up the dates for qualifying and campaigning
accordingly.
Council was not in favor of changing the date of the March 2012 General Election. Thereafter,
the motion to adopt the proposed ordinance failed, with all councilmen voting nay.
CONSENT AGENDA
Vice Mayor Norris moved to approve the consent agenda. The motion was seconded by
Councilman Hernacki and passed unanimously. The consent agenda included the following
items:
Resolution 2011-40 ratifying the First Addendum to the 2010-13 Collective Bargaining
Agreement between the Village and Palm Beach County Police Benevolent Association
Resolution 2011-41 approving Amended Adoption Agreement with ICMA
Retirement Corp. to modify terms of the Village Manager Retirement Plan
Receive for file Minutes ofthe ad hoc Business Advisory Committee meeting held 8/3/11
Receive for file Minutes of the Golf Advisory Board meeting held 9/12/11
Receive for file Minutes of the Library Advisory Board meeting held 9/27/11
RESOLUTION 2011-42—BUDGET AMENDMENT—CAPITAL PROJECTS FUND
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-42 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO EXECUTE A BUDGET AMENDMENT FOR THE PURPOSE OF TRANSFERRING
• UNUSED CAPITAL EXPENDITURE MONEY TO THE CAPITAL PROJECTS FUND FOR
USE DURING THE 2011-12 FISCAL YEAR; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held October 13, 2011 Page 3 of 3
RESOLUTION 2011-42—BUDGET AMENDMENT—CAPITAL PROJECTS FUND continued
Mr. Titcomb noted that a budget amendment is required to transfer funds for construction of a
• perimeter wall around the Public Works facility because a purchase order appropriating the funds
was not issued during FY 2011. Finance Director Sarnia Janjua explained that funds for the
project were set aside in a capital line item in the FY 2011 General Fund budget; however,
because it was not appropriated during FY 2011, a budget amendment is needed to carry it over
to the Capital Projects Fund. Public Works Director Wiley Livingston advised that bid packages
for this project had been completed and an Invitation to Bid would be issued later in the month.
Thereafter, the motion to adopt Resolution 2011-42 passed unanimously.
FINAL CLOSEOUT OF COUNTRY CLUB PARKING LOT OVERLAY PROJECT
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to
authorize final payment to Charles S. Whiteside, Inc. in the amount of $129,933.35 for the
overlay of the Country Club parking lot, in accordance with Village policy.
Discussion took place concerning the budgeted cost of $150,000 and the percentage split
between the Country Club (60%) and the General Fund (40%)budgets.
Thereafter the motion to approve final payment to Charles S. Whiteside, Inc. passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Mayor Aubrey thanked Mrs.Bickel for the opportunity to address The Benjamin School third grade class.
Discussion took place concerning issuing a resolution of support for the proposed Scripps-Tenet
hospital. Council consensus was to obtain further information on the issue.
Councilman Hernacki suggested Council hold a workshop to discuss possible changes to the
Village Charter, including council terms and election cycle, elimination of runoff elections,
procedure for filling council vacancies, referendum for contracting of certain Village services,
and having the Village Clerk report to the Village Manager rather than Village Council.
Discussion ensued regarding the last Charter review process and use of a Charter Review Committee.
Further discussion of this matter will be held at a Council Workshop Session to be determined.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Titcomb reported an invitation to attend a meeting between the Army Corps of Engineers
and Congressman West.
Mr. Titcomb announced the Veterans Day event at Osborne Park at 11:00 am on November 11th.
Mr. Titcomb reminded Council of the upcoming Florida League of Cities Legislative Conference.
Mr. Titcomb announced an opportunity through the Palm Beach County League of Cities to
serve on the Lake Worth Lagoon Initiative Executive Committee.
• ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:17 p.m.
Melissa Teal, CMC, Village Clerk