01-12-2012 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 12, 2012
Darryl C. Aubrey, Se.D., Mayor
David B. Norris, Vice Mayor
William L. Manuel, President Pro Tern
Robert A. Gebbia, Councilman
Edward M. Eissey, Councilman
Chuck Huff, Acting Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
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
The invocation was given by Vice Mayor Norris and Councilman Gebbia led the public in the Pledge.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Aubrey presented Finance Director Samia Janjua and Finance
Manager Merle Goldberg with the Certificate of Achievement for Excellence in Financial Reporting
awarded by the Government Finance Officers Association (GFOA).
APPROVAL OF MINUTES
The minutes of the Regular Session held 12/8/2011 and Special Session held 1/5/2012 were approved
as written.
JIMMY KNIGHT APPOINTED INTERIM VILLAGE MANAGER
Discussion was held on the appointment of Jimmy Knight to serve as Interim Village Manager.
Mr. Rubin reviewed issues concerning Mr. Knight's status as an employee of the Village. Mr. Knight
explained his personal circumstances and the adverse impact serving as a paid employee of the Village
would nave on his situation. Mr. Knight onered to volunteer his time without compensation, while
Council moves through the process of hiring a new Village Manager.
Vice Mayor Norris moved to terminate the Consulting Agreement between the Village and
James W. Knight, Jr. President Pro Tern Manuel seconded the motion, which passed unanimously.
A motion was made by Vice Mayor Norris, seconded by President Pro Tem Manuel, and passed
unanimously to direct the Village Attorney to prepare an agreement with Mr. Knight to serve as
Village Manager, without pay, and to include legal indemnification and mileage allowance.
Mr. Rubin requested clarification on the effective date of the agreement, and explained that if Council
wished, Mr. Knight could be appointed manager, subject to preparation of the contract. Mr. Rubin
advised the contract would be placed on the January 26, 2012 agenda.
Vice Mayor Norris and President Pro Tern Manuel amended the motion to add that Mr. Knight be
appointed Village Manager effective Monday, January 17, 2012.
Mr. Rubin confirmed that Mr. Knight can serve as a volunteer without compensation, with full rights
and ability to act as manager.
Thereafter, the motion passed unanimously.
Minutes of Village Council Regular Session held January 12, 2012 Page 2 of 5
SECOND READING AND ENACTMENT 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 and
enact on second 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.
Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey
closed the public hearing.
Discussion ensued on the purpose of the ordinance. It was noted that the current building permit fee
structure is not compatible with new software; the fee schedule is six years old and needs to be updated, and
repealing the prior ordinance will allow the building permit fee schedule to be changed by resolution.
Thereafter, the motion to adopt arid enact Ordinance 2012 -01 on second reading passed unanimously.
RESOLUTION 2012 -02 — NEW BUILDING PERMIT FEE SCHEDULE
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012 -02 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING AN AMENDED AND UPDATED BUILDING PERMIT FEE SCHEDULE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff advised that Village Administration has recommended restructuring the current building
pen-nit fee schedule to comply with statutory requirements and adjusting the fees to be comparable
with the building permit fees charged by Palm Beach County and surrounding municipalities.
Discussion ensued on the cost for an "over the counter" permit, restrictions on how often the permit
fees may be changed, budgeted arid 1st Quarter expenses and revenues, and Building Department direct
and indirect costs. Mr. Huff verified the proposed fee structure provides for recovery of direct costs.
Mr. Huff reported the Building Department is working with the Finance Director and auditors to
review indirect costs. Mir. Huff noted the new software would be able to track the cost of inspections.
Thereafter, the motion to adopt Resolution 2012 -02 passed unanimously.
CONSENT AGENDA
A motion was made by President Pro Tem Manuel, seconded by Vice Mayor Norris, and passed
unanimously to approve the consent agenda, which included the following items:
Resolution 2012 -03 amending Section 2 of Resolution 2011 -53 to authorize expenditure of funds
for construction of the Public Works Facility security wall from account #K5519 -66210 (Capital
Projects Fund) in lieu of account #A5519 -66210
Motion to grant a merit increase of 4.4% to the Village Clerk based upon the averaged score of the
performance evaluations and directing Village administration to process same.
Receive for file Minutes of the ad hoc Business Advisory Committee meeting held 9/7/2011
Receive for file Minutes of the Golf Advisory Board meeting held 11/14/2011
Receive for file Minutes of the Recreation Advisory Board meeting held 12/13/2011
Receive for file Minutes of the Audit Committee meeting held 12/14/2011 Recommendation: Re: GASB
Statement #54 — regulations and guidelines for classification and reporting of fund balances: "The Committee
recommends to Council compliance with these updated regulations and guidelines."
Minutes of Village Council Regular Session held January 12, 2012 Page 3 of 5
RESOLUTION 2012 -04 — AMENDING RESOLUTION 2011 -22 NOTICE OF ELECTION
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012 -04 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL
ELECTION TO BE HELD ON MARCH 13, 2012; NAMING THE TIME AND PLACE WHERE
SUCH ELECTION SHALL BE HELD; DECLARING THE OFFICES TO BE FILLED AT SUCH
ELECTION; REQUESTING THAT THE PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS CONDUCT THE ELECTION AND DELEGATING CERTAIN DUTIES TO THE
SUPERVISOR; REPEALING RESOLUTION 2011 -52; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff noted that subsequent to the adoption of Resolution 2011 -52, the Village received the
resignation of Councilman T.R. Hernacki, effective January 3, 2012, thereby creating a vacancy for
the Group 2 seat on the Village Council. Mr. Huff advised that the Village Charter requires the Group 2
seat be placed on the next General Election ballot to elect a councilman to fill the remainder of the
unexpired term; therefore, there are four offices to be filled at the March 13, 2012 General Election.
Thereafter, the motion to adopt Resolution 2012 -04 passed unanimously.
RESOLUTION 2012 -05 — LAKESIDE PARK PLAYGROUND EQUIPMENT
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012 -05 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING A PROPOSAL SUBMITTED BY ADVANCED RECREATIONAL
CONCEPTS, LLC FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT
AT LAKESIDE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff reported that of the 11 qualified proposals received for playground equipment at Lakeside Park,
option 1 submitted by Advanced Recreational Concepts, LLC was the top -rated proposal based on
originality and the number of playground components. Parks and Recreation Director Mark Hodgkins
displayed a color rendition of the selected design. Mr. Hodgkins reported the equipment has a lifespan of
approximately ten years and a five -year warranty.
Thereafter, the motion to adopt Resolution 2012 -05 passed unanimously.
RESOLUTION 2012 -06 — FUND BALANCE POLICY
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012 -06 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A FUND BALANCE POLICY FOR THE VILLAGE TO BE
INCORPORATED INTO THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES
MANUAL FOR INTERNAL CONTROLS; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Huff advised that the Governmental Accounting and Standards Board (GASB) released Statement 54,
designating five fund balance categories that replace those previously used in the Comprehensive Annual
Financial Report. Terry Morton, Nowlen, Holt & Miner, P.A., explained the GASB requirements ensure
that governmental finance reports are comparable by using the same definitions or categories.
Thereafter, the - motion to adopt Resolution 2012 -06 passed unanimously.
Minutes of Village Council Regular Session held January 12, 2012 Page 4 of 5
RESOLUTION 2012 -07 — SECOND ADDENDUM TO IAFF COLLECTIVE BARGAINING AGREEMENT
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Manuel to adopt
Resolution 2012 -07 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RATIFYING A SECOND ADDENDUM AMENDING ARTICLE 14 OF THE COLLECTIVE
BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS /PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, RELATING TO PAID VACATIONS FOR BARGAINING
UNIT MEMBERS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE SECOND ADDENDUM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Human Resources Director Mary Kay McGann explained that several years ago, in an effort to be
more competitive, the vacation accrual system was changed, but the language was adopted incorrectly.
Mrs. McGann advised the intent was that once an employee finished the fifth year of employment,
they moved into a three -week vacation accrual cycle. Further, Mrs. McGann noted that the Munis
accounting system calculates vacation accrual based on months of service, not years of service.
Thereafter, the motion to adopt Resolution 2012 -07 passed unanimously.
RESOLUTION 2012 -08 — SECOND ADDENDUM TO PBA COLLECTIVE BARGAINING AGREEMENT
A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012 -08 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RATIFYING A SECOND ADDENDUM AMENDING ARTICLE 15 OF THE
COLLECTIVE BARGAINING AGREEMENT WITH THE PALM BEACH COUNTY POLICE
BENEVOLENT ASSOCIATION RELATING TO PAID VACATIONS FOR BARGAINING UNIT
MEMBERS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
SECOND ADDENDUM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2012 -08 passed unanimously.
RESOLUTION SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND
DISABILITY REFORM — TABLED
A motion was made by President Pro Tern Manuel and seconded by Councilman Eissey to adopt a
proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND
DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND
AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff reported the Florida League of Cities requested that each municipality adopt a resolution
supporting police officer and firefighter pension plan and disability reform to ensure sound and sustainable
municipal pension plans. Discussion ensued on unfunded mandates. Council expressed a need for more
specific information on issues with respect to age, length of service, standards of proof. Mr. Rubin will
provide Council with a copy of the proposed legislation.
President Pro Tern Manuel moved to table the resolution. Vice Mayor Norris seconded the motion to
table, which passed unanimously.
Minutes of Village Council Regular Session held January 12, 2012
FINAL CLOSEOUT — SIDEWALK REPLACEMENT PROJECT
Page 5 of 5
President Pro Tem Manuel moved to authorize final payment to Charles S. Whiteside in the amount of
$8,910 for the repair and replacement of Village sidewalks, in accordance with Village policy.
Councilman Gebbia seconded the motion, which passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
President Pro Tem Manuel announced a date change for the upcoming Palm Beach County League of
Cities meeting, and noted that Mayor Aubrey was nominated for appointment to the Regional Hazardous
Materials Oversight Committee.
President Pro Tem Manuel, Councilman Gebbia and Mayor Aubrey announced their intent to run for
re- election in March
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff reported that FDOT's Northlake Boulevard /Alternate AlA roadway project was nearing
completion and the Village received no resident complaints regarding noise from the milling and
resurfacing.
Mr. Huff reminded Council and the public that Village offices would be closed Monday in observance of
the Martin Luther King, Jr. holiday.
Councilman Gebbia thanked Chuck Huff for filling in and taking care of Village Manager business on
short notice.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:45 p.m.
Melissa Teal, CMC, Village Clerk