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09-13-2012 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 13, 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 Ed Green, 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 President Pro Tem Aubrey gave the invocation and Councilman Bush led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Special Session held 8/30/12 were approved as written. PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Vice Mayor Manuel and seconded by Councilman Bush to adopt on first reading Ordinance 2012 -09 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30,2013; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt on first reading Ordinance 2012 -10 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held September 13, 2012 Page 2 of 4 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued C� Mr. Green stated the proposed ad valorem tax millage rate is the same as that used in FY 2012, and is .0267 mils or .38% less than the rolled back rate of 6.9990. Mr. Green reported the proposed rate of 6.9723 represents a total decrease in revenues of $59,530 or .6 % based on the reduction in overall value of property in North Palm Beach of approximately $8.8 million. Mr. Green advised the FY 2013 Budget is $17,499,724, a decrease of .1 % or $17,820 from the FY 2012 adopted budget. Mayor Norris opened the public hearing on the ad valorem tax millage rate and budget. With no comments from the public, Mayor Norris closed the public hearing. Thereafter, the tentative millage rate of 6.9723 was approved by unanimous vote. Mayor Norris announced that the rolled back rate is 6.9990, the percentage decrease under the rolled back rate is .38 %, and the millage rate to be levied is 6.9723 mils. The motion to adopt Ordinance 2012 -09 on first reading passed unanimously. The motion to adopt Ordinance 2012 -10 on first reading passed unanimously. CONSENT AGENDA A motion was made by Councilman Gebbia, seconded by President Pro Tem Aubrey, and passed unanimously, to approve the consent agenda, which included the following items: Receive for file Minutes of the General Employees Pension Board meeting held 7/31/12 Receive for file Minutes of the Golf Advisory Board meeting held 8/13/12 Receive for file Minutes of the Recreation Advisory Board meeting held 8/14/12 Recommendation: "board unanimously recommends the revised concept for Anchorage Park (Phase 2) also recommends the elimination of the 17 trailer parking lot spaces" RESOLUTION 2012 -49 — GOLF COURSE MAINTENANCE SERVICES A motion was made by Vice Mayor Manuel and seconded by President Pro Tern Aubrey to adopt Resolution 2012 -49 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY INTERNATIONAL GOLF MAINTENANCE, INC. FOR GOLF COURSE MAINTENANCE SERVICES AND AUTHORIZING THE NEGOTIATION OF A CONTRACT WITH INTERNATIONAL GOLF MAINTENANCE, INC. RELATING TO SUCH SERVICES; AUTHORIZING NEGOTIATION OF A CONTRACT WITH VALLEY CREST GOLF MAINTENANCE SERVICES, INC. IN THE EVENT NEGOTIATIONS WITH INTERNATIONAL GOLF MAINTENANCE SERVICES, INC. ARE UNSUCCESSFUL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reported the proposal of International Golf Maintenance, Inc. (IGM) represents a savings of $86,169 over the current year and recommended that Council authorize contract negotiations between the Village and IGM. - -� Director of Golf Lee Stroever discussed the proposal review process used by staff. Regarding the purchase of Village -owned equipment, Mr. Stroever reported it would be discussed during negotiation of the contract. Thereafter, the motion to adopt Resolution 2012 -49 passed unanimously. Minutes of Village Council Regular Session held September 13, 2012 Page 3 of 4 RESOLUTION 2012 -50 — MOTORCYCLE LEASE AGREEMENT A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt Resolution 2012 -50 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A LEASE AGREEMENT WITH BRUCE ROSSMEYER DAYTONA MOTORCYCLES, INC. FOR TWO 2013 ROAD KING POLICE MOTORCYCLES AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE LEASE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2012 -50 passed unanimously. RESOLUTION 2012 -51 — COUNTRY CLUB RULES AND REGULATIONS A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt Resolution 2012 -51 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING UPDATED RULES AND REGULATIONS FOR THE OPERATION OF THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green advised that the updated Rules and Regulations vest final authority regarding membership cancellations with the Village Manager and comply with current operational practices and procedures. Thereafter, the motion to adopt Resolution 2012 -51 passed unanimously. RESOLUTION — AMENDMENT 4 TO THE FLORIDA CONSTITUTION — TABLED A motion was made by Vice Mayor Manuel and seconded by President Pro Tern Aubrey to adopt a proposed resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA'S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Teal reported that Amendment 4 would reduce the current assessment limit on commercial property, vacant property, and second homes from 10% to 5 %; give first -time homebuyers an additional homestead exemption; and allow the Legislature to prohibit increases in the assessed value of a property if the just value of the property decreases. Councilman Bush distributed a document in support of Amendment 4. It was noted that the Florida League of Cities is opposed to Amendment 4. Discussion took place regarding the proposed resolution. Discussion ensued on whether the Council can take a position for or against a constitutional amendment that will appear on the general election ballot. Mr. Rubin advised that the Council can take a position on an issue, including adoption of a resolution, but cannot �- expend public funds in support or opposition. Thereafter, a motion was made by Councilman Bush and seconded by Councilman Gebbia, to table this item until Council has more information or makes a decision to pass a different resolution. The motion to table passed 4 — 1, with Councilman Bush, Councilman Gebbia, President Pro Tern Aubrey, and Mayor Norris in favor and Vice Mayor Manuel opposed. Minutes of Village Council Regular Session held September 13, 2012 Page 4 of 4 RESOLUTION 2012 -52 — ADOPTION OF RULES FOR DESIGN -BUILD CONTRACTS A motion was made by Councilman Bush and seconded by Councilman Gebbia to adopt Resolution 2012 -52 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REVISING THE VILLAGE'S PURCHASING PROCEDURES AS SET FORTH IN THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL CONTROLS TO ADOPT RULES FOR DESIGN -BUILD CONTRACTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green stated the Village wished to proceed with an addition to the existing driving range building using the design -build method of procurement. Mr. Green advised that by statute, municipalities must adopt rules for the award of design -build contracts prior to soliciting design - build proposals. Mr. Green recommended revising the Village's purchasing policies, as set forth in the Accounting Policies and Procedures Manual for Internal Controls, to adopt rules for design -build contracts. Mr. Green reviewed the proposed rules. Mr. Green distributed a document for Council consideration that offered the alternative of removing the Council from the selection process for ranking the firms, while still requiring Council approval of the final negotiated contract. This option was not selected. Mr. Rubin explained the difference between the traditional bid process and the design -build process, which allows for more flexibility in the process by selecting a firm to design the project in accordance with criteria prepared by an architect, and build it for a specified sum. Thereafter, the motion to adopt Resolution 2012 -52 passed unanimously. VILLAGE MANAGER MATTERS /REPORTS Mr. Green reported attending the 9 -11 Remembrance Ceremony with Chief Jenkins. Mr. Green noted upcoming strategic planning sessions with staff. Mr. Green reported an ongoing emphasis on organization -wide safety, including convening of the Safety Committee. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:37 p.m. Melissa Teal, CMC, Village Clerk c