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12-08-2011 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 8, 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 Leonard 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 Councilman Gebbia gave the invocation and President Pro Tern Manuel led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Regular Session held 11/10/11 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2011-22 — FIRE AND POLICE PENSION PLAN AMENDMENTS A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2011-22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR POLICE AND FIRE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES FOR THE PURPOSES OF INTERNAL REVENUE CODE COMPLIANCE; AMENDING SECTION 2-159, "DEFINITIONS," TO PROVIDE FOR THE CREATION OF THE TRUST; AMENDING SECTION 2-161, `BENEFIT AMOUNTS," TO ADOPT INTERNAL REVENUE CODE SERVICE LIMITS AND ADD REQUIRED MINIMUM DISTRIBUTIONS; AMENDING SECTION 2-170, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTION," TO COMPLY WITH INTERNAL REVENUE CODE REQUIREMENTS REGARDING ROLLOVERS AND MANDATORY DISTRIBUTIONS; 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 2011-22 on second reading passed unanimously. Minutes of Village Council Regular Session held December 8,2011 Page 2 of 4 FIRST READING OF ORDINANCE 2012-01 — REPEALING ORDINANCE 2006-21 • ESTABLISHING BUILDING PERMIT FEES A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2012-01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING ORDINANCE NO. 2006-21 ESTABLISHING BUILDING PERMIT FEES PURSUANT TO SECTION 108 OF THE 2004 EDITION OF THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb advised the proposed building permit fee schedule would be discussed during the Workshop Session. Mr. Titcomb advised that repeal of Ordinance 2006-21 would allow Council to establish building permit fees by resolution and incorporate such fees into a master fee schedule. Mr. Titcomb noted that the current fee schedule is not compatible with new Community Development Department software. Thereafter, the motion to adopt Ordinance 2012-01 on first reading passed unanimously. CONSENT AGENDA Councilman Hernacki moved to approve the consent agenda. The motion was seconded by Vice Mayor Norris and passed unanimously. The consent agenda included the following items: Resolution 2011-52 directing the Village Clerk to publish notice of the General Election on March 13, 2011; naming the time and place where the election shall be held; declaring the offices to be filled; requesting the Palm Beach County Supervisor of Elections conduct the election and perform certain duties. Receive for file Minutes of the Police and Fire Pension Board meeting held 8/16/2011 Receive for file Minutes of the Police and Fire Pension Board meeting held 9/30/2011 Receive for file Minutes of the Golf Advisory Board meeting held 10/10/2011 Receive for file Minutes of the General Employees Pension Board meeting held 11/2/2011 Receive for file Minutes of the Recreation Advisory Board meeting held 11/8/2011 Receive for file Minutes of the Library Advisory Board meeting held 11/22/2011 RESOLUTION 2011-53—PUBLIC WORKS FACILITY WALL CONSTRUCTION A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt Resolution 2011-53 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY SEMINOLE WALLS, LLC FOR THE CONSTRUCTION OF THE PUBLIC WORKS FACILITY CONCRETE SECURITY WALL AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held December 8,2011 Page 3 of 4 RESOLUTION 2011-53—PUBLIC WORKS FACILITY WALL CONSTRUCTION continued . Discussion ensued regarding the three lowest bids received. Public Works Director Wiley Livingston reported that the lowest bidder, Seminole Walls, LLC, manufactures and distributes a precast wall panel system. Mr. Livingston clarified that the bid price of$69,005 to erect an eight-foot concrete wall also includes mobilization, clearing and grubbing, and site restoration and cleanup. Thereafter, the motion to adopt Resolution 2011-53 passed unanimously. RESOLUTION 2011-54—POLICE ELECTRONIC CONTROL DEVICE EQUIPMENT UPGRADE A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-54 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF TWENTY-TWO TASER X-2 ELECTRONIC CONTROL DEVICES FOR USE BY THE VILLAGE POLICE DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb reported that outdated Taser devices would be traded-in for upgraded equipment using funds from the Police Donation Expense and Law Enforcement Trust Fund—Weapons accounts. Thereafter, the motion to adopt Resolution 2011-54 passed unanimously. RESOLUTION 2011-55 — AMENDMENT TO CROSS PARKING AGREEMENT WITH FIRST UNITARIAN CHURCH A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-54 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CROSS PARKING AGREEMENT WITH THE FIRST UNITARIAN CHURCH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb explained that the agreement allows employees to park their personal vehicles in the Church's parking lot on weekdays due to limited space at the Public Works Department. Discussion ensued on the number of parking spaces utilized by the Village and the Church. Thereafter, the motion to adopt Resolution 2011-55 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey reported on legislative priorities as determined by the Florida League of Cities • Finance and Taxation Legislative Policy Committee. President Pro Tern Manuel reported on the issues discussed by the Florida League of Cities Intergovernmental Legislative Policy Committee. Minutes of Village Council Regular Session held December 8, 2011 Page 4 of 4 VILLAGE MANAGER MATTERS/REPORTS • Mr. Titcomb reported on the western ball field at Osborne Park and noted plans to add netting to the top of the fence along the western wall in order to keep stray balls out of neighboring properties. It was requested that this plan be shared with residents adjacent to the area. Mr. Titcomb discussed plans for a "visioning session" to be held in March 2012 to consider the future of the Village, including the Country Club, U.S. Highway 1 corridor economic development, parks, and greenspace. Mr. Titcomb gave an update on efforts to identify locations for additional RV storage. Mr. Titcomb mentioned reconfiguring the storage capacity and layout at Anchorage Park, and noted the possibility of using the modular buildings for a fire training exercise, should Council determine to demolish the buildings. Mr. Titcomb requested Council direction on its desired timeline and scope of services for a comprehensive Village workforce and pay plan study. Mr. Titcomb reminded Council of upcoming legislative-related events, including Palm Beach County Days and the Florida League of Cities legislative action days. Mr. Titcomb reported on the status of the charrette to review plans for sidewalks and streetlights in the Southwest Neighborhood. Mr. Titcomb advised that because the project must be reviewed and approved by Florida Power and Light, this has caused the charrette to be delayed until after the first of the year, by which time FPL expects to have completed its review. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:23 p.m. Melissa Teal, CMC, Village Clerk •