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03-22-2012 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • MARCH 22, 2012 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Edward M. Eissey, Ph.D., Councilman Jimmy Knight, Interim Village Manager Leonard Rubin, Village Attorney Melissa Teal, 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 President Pro Tern Manuel led the public in the Pledge. AWARDS AND RECOGNITION Mayor Aubrey proclaimed the week of May 20— 26, 2012 as National Public Works Week in the Village of North Palm Beach. Public Works Director Wiley Livingston was present to receive the proclamation. Mayor Aubrey proclaimed the month of April 2012 as Water Conservation Month in the Village of North Palm Beach. Pamela Mac'Kie, Esquire, Government and Community Affairs representative, accepted the proclamation on behalf of the South Florida Water Management District. Mayor Aubrey introduced Loren Slaydon, the Village's new Director of Human Resources. APPROVAL OF MINUTES The minutes of the Regular Session held 3/8/2012 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2012-03 — ZONING CODE AMENDMENT—MECHANICAL EQUIPMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt and enact on second reading Ordinance 2012-03 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES, "ZONING," TO REGULATE THE LOCATION OF MECHANICAL EQUIPMENT IN THE R-1 AND R-2 ZONING DISTRICTS; AMENDING ARTICLE I, "IN GENERAL" BY AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE III, 'DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," AND SECTION 45-28, "R-2 MULTIPLE-FAMILY DISTRICT," 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 2012-03 on second reading passed unanimously. Minutes of Village Council Regular Session held March 22,2012 Page 2 of 5 CONSENT AGENDA A motion was made by Councilman Eissey, seconded by Councilman Gebbia, and passed unanimously • to approve the consent agenda, which included the following items: Receive for file Minutes of the Planning Commission meeting held 12/6/11 Receive for file Minutes of the Business Advisory Committee meeting held 2/1/12 Receive for file Minutes of the Planning Commission meeting held 2/7/12 Receive for file Minutes of the Golf Advisory Board meeting held 2/13/12 Receive for file Minutes of the Library Advisory Board meeting held 2/28/12 Receive for file Minutes of the Audit Committee meeting held 3/1/12 Recommendation: add language to Village policy to provide for Audit Committee review, comment, and recommendation to Council regarding provider and agreement on loans of $500,000 or greater Receive for file Minutes of the Planning Commission meeting held 3/6/12 Recommendation: regarding amendment to Appendix C (Chapter 45) Zoning, to regulate location of mechanical equipment within the R-1 and R-2 Zoning Districts "recommend to Council as submitted" Receive for file Minutes of the Recreation Advisory Board meeting held 3/13/12 RESOLUTION 2012-20—COMPREHENSIVE ANNUAL FINANCIAL REPORT A motion was made by President Pro Tern Manuel, and seconded by Councilman Gebbia, to adopt Resolution 2012-20 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton,Nowlen, Holt& Miner, reviewed the Comprehensive Annual Financial Report for the fiscal year ending September 30,2011. Christina Ivaldi presented comments on behalf of the Audit Committee. Mr. Knight announced the Government Finance Officers Association bestowed on the Village the Distinguished Budget Presentation Award. Finance Director Sarnia Janjua was presented with the award. Thereafter, the motion to adopt Resolution 2012-20 passed unanimously. RESOLUTION 2012-21 —PUBLIC SAFETY FACILITY AIR-COOLED SCROLL CHILLER PURCHASE A motion was made by President Pro Tern Manuel and seconded by Councilman Eissey to adopt Resolution 2012-21 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY BUSHEA, LLC FOR THE REPLACEMENT OF THE AIR-COOLED SCROLL CHILLER AT THE PUBLIC SAFETY FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT • RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Wiley Livingston detailed the age of the current chillers and warranty specifications for the new equipment. Thereafter, the motion to adopt Resolution 2012-21 passed unanimously. Minutes of Village Council Regular Session held March 22,2012 Page 3 of 5 RESOLUTION 2012-22 —VILLAGE HALL AIR-COOLED SCROLL CHILLER PURCHASE • A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt Resolution 2012-22 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY BUSHEA, LLC FOR THE REPLACEMENT OF THE AIR-COOLED SCROLL CHILLER AT VILLAGE HALL AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. The motion to adopt Resolution 2012-22 passed unanimously. RESOLUTION 2012-23 —POLICE DEPARTMENT PHOTOCOPIERS LEASE AGREEMENT A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt Resolution 2012-23 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING PROPOSALS FROM TOSHIBA BUSINESS SOLUTIONS TO PROVIDE PHOTOCOPIERS FOR THE POLICE DEPARTMENT BY PIGGYBACKING THE STATE OF FLORIDA CONTRACT FOR MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT, SCANNERS, RELATED SOFTWARE, SUPPLIES AND SERVICES AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AGREEMENTS WITH TOSHIBA BUSINESS SOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised the total cost is $14,040.44 for the three-year lease term Thereafter, the motion to adopt Resolution 2012-23 passed unanimously. RESOLUTION 2012-24—EMS INTERLOCAL AGREEMENT A motion was made by President Pro Tern Manuel and seconded by Councilman Eissey to adopt Resolution 2012-24 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY RELATING TO THE RECEIPT OF EMERGENCY MEDICAL SERVICES EQUIPMENT PURSUANT TO THE FLORIDA EMERGENCY MEDICAL SERVICES GRANT ACT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight explained that the Interlocal Agreement provides terms and conditions for the purchase by Palm Beach County of one controlled access pharmaceutical and supply dispenser for the Village utilizing non-matching EMS grant funds. Mr. Knight advised the dispensing system uses the latest • inventory tracking system and would contain all supplies except for controlled substances. Thereafter, the motion to adopt Resolution 2012-24 passed unanimously. Minutes of Village Council Regular Session held March 22, 2012 Page 4 of 5 APPOINTMENT OF ACTING VILLAGE MANAGER A motion was made by Councilman Gebbia and seconded by Councilman Eissey to appoint Chuck Huff • as Acting Village Manager. During discussion, Council agreed to a temporary 25% increase in Mr. Huff's base pay, due to the additional duties required. Thereafter, the motion passed unanimously. RESOLUTION 2012-25 — MEMORANDUM OF AGREEMENT WITH FEDERATION OF PUBLIC EMPLOYEES (FPE) A motion was made by President Pro Tem Manuel and seconded by Councilman Eissey to adopt Resolution 2012-25 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE AND THE FEDERATION OF PUBLIC EMPLOYEES (FPE) TO REFLECT AGREEMENT ON INTERPRETATION AND APPLICATION OF THE PAID HOLIDAY PROVISION OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. Mr. Knight requested Council ratification of the Memorandum of Agreement, amending the current Collective Bargaining Agreement (CBA)with the Federation of Public Employees (FPE)related to the holiday observance schedule. Mr. Knight explained the conflicting interpretations of Article 20 with respect to the date on which a holiday is observed. Mr. Knight advised that the Memorandum would be retroactive to 12/25/11, with an associated one-time cost of $788.83. Mr. Rubin stated the Memorandum of Agreement would become part of the current Agreement. Thereafter, the motion to adopt Resolution 2012-25 passed unanimously. TURTLE COVE PROJECT Mr. Knight distributed copies of the automated Administrative Inquiry Report, and noted that Community Development Director Chuck Huff had set up the computer program to track the Turtle Cove project proposed by Palm Beach County Environmental Resources Management (ERM). Mr. Knight gave a recap on activities since his last report on 3/8/12. Mr. Knight reviewed an offer from Lisa Tropepe, Vice President of Engenuity Group Inc., to meet individually with each county commissioner, as well as a suggestion to engage the services of environmental and land use attorney Al Malefatto or to hire a professional lobbyist. Mr. Knight announced that representatives from ERM would give a presentation on the project to Council on 3/28/12. During discussion, it was suggested that the county commissioners be invited to attend a Council Workshop Session, or for councilmen to meet individually with the commissioners. Council may meet individually with each commissioner at some time after its 3/28/12 meeting with ERM. MAYOR AND COUNCIL MATTERS/REPORTS • Discussion took place concerning the Audit Committee recommendation regarding contracts in excess of $500,000. Mr. Knight advised that Administration supports the recommendation and the Finance Director would prepare an amendment to the Accounting Policies and Procedures Manual. By consensus, Council accepted the recommendation and directed staff to move forward with the necessary amendment. Minutes of Village Council Regular Session held March 22,2012 Page 5 of 5 MAYOR AND COUNCIL MATTERS/REPORTS continued Councilman Gebbia suggested that sometime during the next few months, prior to the budget process, • Council hold a discussion regarding whether to continue Village operation of the Country Club Restaurant. This item will be placed on an upcoming Workshop for consideration. Councilman Eissey reminded everyone to vote in the runoff election on 3/27/12. Councihnan Gebbia thanked all the candidates for coming forward and desiring to serve the Village. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight gave an update on the state of the Village. Council expressed its appreciation for Mr. Knight's exemplary management and his faithful and loyal service to the Village. ADJOURNMENT With no further business to come before the Council,the meeting adjourned at 9:02 p.m. Melissa Teal, CMC, Village Cler •