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04-26-2012 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 26, 2012 • Present: David B. Norris, Mayor William L. Manuel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Robert A. Gebbia, Councilman Doug Bush, Councilman Chuck Hufl; Acting Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Norris 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 Norris gave the invocation and Vice Mayor Manuel led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mayor Norris proclaimed the week of April 22nd — 28th 2012, as National Crime Victims' Rights Week in the Village of North Palm Beach Mary Lou Tringali, Ph.D., of the Palm Beach County Sheriff's Office Special Operations Unit and Domestic ViolenceNictim Witness Unit was present to accept the proclamation. APPROVAL OF MINUTES Regarding the Minutes of the Regular Session held 4/12/12, it was noted that the motion to approve Resolution 2012-27 was made by President Pro Tem Manuel and seconded by Vice Mayor Norris. Thereafter, the Minutes of the Regular Session held 4/12/12 were approved as corrected and the Minutes of the Special Session held 4/18/2012 were approved as written. INTERVIEWS OF ADVISORY BOARD APPLICANTS The following persons were present for interviews with the Village Council: Brandon Catoe Stephan Yeckes Joe Pierman Charles Isiminger Paul Miklus Mary Denise O'Brien SPECIAL USE PERMIT—THE VILLAGE TOBACCO SHOP Mr. Huff reported on the application by The Village Tobacco Shop to operate a retail tobacco and gift shop at 9092 Alternate A1A. Applicant Dolores LaShomb was present. Mr. Huff detailed a change in the hours of operation as requested by the applicant. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. • A motion was made by Councilman Gebbia, seconded by President Pro Tem Aubrey, and passed unanimously, to approve the application for a Special Use Permit to allow The Village Tobacco Shop to operate a retail tobacco and gift shop at 9092 Alternate AlA as a similar use to those permitted within the CC Transitional Commercial zoning district, subject to certain conditions and in accordance with Village policy. Minutes of Village Council Regular Session held April 26, 2012 Page 2 of 5 FIRST READING OF ORDINANCE 2012-04—INVESTMENT POLICY AMENDMENT A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt on • first reading Ordinance 2012-04 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-4, INVESTMENT POLICY OF THE VILLAGE," TO MODIFY THE SELECTION CRITERION FOR QUALIFIED PUBLIC DEPOSITORIES;PROVIDING FOR CODIFICATION;PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff advised that according to the current investment policy, Qualified Public Depositories (OPDs) holding Village investments must have a CAEL or CAMEL (Capital Adequacy, Asset Quality, Earnings, Liquidity) Score of three or better. Mr. Huff explained that in determining the stability of a QPD, the standard set by the Bureau of Collateral Management is the level of collateral required by the State Chief Financial Officer; therefore, Administration and the Audit Committee recommend an amendment to the Investment Policy in accordance with the State standard. Thereafter, the motion to adopt Ordinance 2012-04 on first reading passed unanimously. CONSENT AGENDA President Pro Tern Aubrey moved to approve the consent agenda. The motion was seconded by Councilman Bush and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the Golf Advisory Board meeting held 3/12/12 Receive for file Minutes of the Waterways Board meeting held 3/20/12 Receive for file Minutes of the Library Advisory Board meeting held 3/27/12 Receive for file Minutes of the Recreation Advisory Board meeting held 4/10/12 RESOLUTION 2012-32—APPOINTING MEMBERS TO VILLAGE BOARDS Councilman Gebbia moved to reappoint incumbent members to the Audit Committee. The motion was seconded by Vice Mayor Manuel and passed unanimously. Thereafter, the names of Richard Podell, Emery Newell, and Stanley Lustig were entered into Resolution 2012-32. Vice Mayor Manuel moved to appoint Thomas McCarthy,Thomas Eissey, Susan Stokes, Scott Studer, Harry Ackerman, and Charles Giacomelli as regular members on the Construction Board of Adjustment and Appeals (CBAA). The motion was seconded by President Pm Tem Aubrey and passed unanimously. Vice Mayor Manuel moved to appoint Brandon Catoe as a regular member of the CBAA. The motion was seconded by President Pm Tem Aubrey and passed unanimously. Councilman Gebbia moved to appoint Charles Isiminger as 1st Alternate and Stephan Yeckes as 2nd Alternate to the CBAA. The motion was seconded by Vice Mayor Manuel and passed unanimously. Thereafter, the names of those appointed were entered into Resolution 2012-32. A motion was made by Councilman Bush and seconded by Vice Mayor Manuel to reappoint incumbent members to the Golf Advisory Board. Discussion took place concerning absences. • Mr. Rubin read Section 2-1(m)(2) of the Village Code of Ordinances. Councilman Bush and Vice Mayor Manuel rescinded their motion and second. A motion was made by Councilman Bush and seconded by Councilman Gebbia to reappoint James Bender, Lois Gruen, Kirk Harris, and Curtis Witters. Golf Advisory Board Chairman James Bender was present and responded to questions from the Council. Councilman Gebbia moved to leave the remaining three seats open until 5/10/12. Vice Mayor Manuel seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held April 26, 2012 Page 3 of 5 RESOLUTION 2012-32—APPOINTING MEMBERS TO VILLAGE BOARDS continued A motion was made by Vice Mayor Manuel and seconded by President Pm Tern Aubrey to reappoint • incumbent members to the Library Advisory Board. Discussion ensued on attendance and voting of alternates. Thereafter, the motion passed unanimously, and the names of Tina Chippas, Christine De1Gu7'i,Phyllis Wissner,Diane Page,and Carolyn Kost were entered into Resolution 2012-32. A motion was made by Vice Mayor Manuel, seconded by President Pm Tern Aubrey, and passed unanimously to reappoint incumbent members to the Planning Commission. Thereafter, the names of Scott Hicks,Donald Solodar, Susan Bickel,and Benjamin Schreier were entered into Resolution 2012-32. A motion was made by President Pro Tem Aubrey and seconded by Vice Mayor Manuel to reappoint incumbent members to the Recreation Advisory Board. Discussion ensued regarding Section 2-1(m)(2) of the Village Code of Ordinances. Councilman Gebbia moved to amend the motion to reappoint Bob Bell, Tom Riggs, Chris Cantwell and Joseph Bova, and to leave the remaining seat vacant. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter, the motion, as amended, passed unanimously, and the names of those appointed were entered into Resolution 2012-32. A motion was made by Vice Mayor Manuel to appoint Bob Werner as regular member, Bill Hipple as 1st Alternate, and Joe Pierman as 2nd Alternate to the Waterways Board. The motion was seconded by Councilman Bush and passed unanimously. Thereafter, the names of those appointed were entered into Resolution 2012-32. A motion was made by Vice Mayor Manuel, seconded by Councilman Gebbia, and passed unanimously, to reappoint incumbent members to the Zoning Board of Adjustment. Thereafter, the names of Roy Chapin, Louis Daniello, Curtis Witters, Ted Bukowski, and Keith Davis were entered into Resolution 2012-32. A motion was made by Vice Mayor Manuel and seconded by Councilman Bush to adopt Resolution 2012-32 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin enumerated the names of those appointed. Discussion ensued regarding the designated positions of reappointed members and the status of other members on the Golf Advisory Board. Mr. Rubin stated that those reappointed would continue in their present positions, and advised Council could readdress the matter and reassign positions at any time. It was noted the Code provides that members serve until a successor is appointed. Thereafter,the motion passed unanimously. RESOLUTION 2012-33—ANALOG TELEPHONE AND ALARM LINES SERVICE AGREEMENT A motion was made by Vice Mayor Manuel, seconded by Councilman Bush, and passed unanimously, • to adopt Resolution 2012-33 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE MIGRATION OF THE REMAINING ANALOG TELEPHONE AND ALARM LINES TO WINDSTREAM COMMUNICATIONS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY SERVICE AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held April 26, 2012 Page 4 of 5 RESOLUTION 2012-34 — ACCOUNTING POLICIES AND PROCEDURES MANUAL AMENDMENT • A motion was made by Vice Mayor Manuel and seconded by Councilman Bush to adopt Resolution 2012-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL CONTROLS TO ADD A NEW DEBT POLICY AND REVISE THE SECTIONS RELATING TO DEPARTMENT PROCEDURES AND PAYMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff detailed the proposed amendments to the Village's Accounting Policies and Procedures. Finance Director Sarnia Janjua confirmed that the amendments include the requirement that loan obligations over $500,000 must be reviewed by the Audit Committee prior to Council action. Discussion was held regarding the proposed Debt Policy and use of the mandatory "shall" in bullet point three concerning Audit Committee review of any loan obligation over $500,000. Ms. Janjua and Mr. Rubin explained that the process of issuing a Request for Proposal (RFP) for a bank loan would include the Audit Committee's review of any responses to the RFP. Thereafter, the motion to adopt Resolution 2012-34 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS President Pro Tem Aubrey suggested that further discussion on the Council's Goals and Objectives pertaining to supporting the business community be held at an upcoming Workshop Session; additionally, to discuss establishing a permanent Business Advisory Board. During its upcoming discussion, President Pm Tern Aubrey requested that Council articulate a Mission Statement, define key goals and objectives, and identify the makeup of the Board. Consensus was to place both items on an upcoming agenda. Vice Mayor Manuel reviewed the recent meeting of the Palm Beach County League of Cities Board of Directors and reported on the Inspector General's proposed budget. Vice Mayor Manuel distributed a document entitled "Summary of Staff Recommendations" regarding Palm Beach County's plan to discontinue the $12.50 Program, through which municipalities receive $12.50 from each moving traffic violation to assist in implementing or supporting communications systems to connect with the County's Public Safety Radio System. Finance Director Sarnia Janjua detailed the current payment process. Chief of Police Rick Jenkins reported on the $12.50 monies generated and expenses incurred annually. Discussion took place regarding the impact on the Village and other municipalities should the proposed action be taken by the County. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff reported no further activity on the Turtle Cove Project at this time. • Mr. Huff gave an update on the search and recruitment of a new Village Manager and announced public meetings, which include a Reception at the North Palm Beach Country Club on Friday, May 11, 2012 and a Special Public Interview Meeting on May 12, 2012 at Village Hall, with final selection at a Special Meeting on May 17, 2012. Minutes of Village Council Regular Session held April 26, 2012 Page 5 of 5 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff announced online availability of public records on the Village website. • Mr. Huff reported on upcoming Recreation events. Mr. Huff announced a Charrette on the Southwest Neighborhood Sidewalks and Streetlights Project would be held at Osborne Park on May 29, 2012 at 6:00 p.m. Mr. Huff reported on the potential to lease or purchase property at 9300 Old Dixie Highway for additional dry storage. This item was added to the next Workshop Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 9:15 p.m. Melissa Teal, CMC, Village Clerk •