Loading...
11-14-2013 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 14, 2013 William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tem David B. Norris, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Mayor Manuel 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 Mayor Manuel. President Pro Tem Gebbia led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held October 24, 2013 were approved as written. STATEMENTS FROM THE PUBLIC Audit Committee applicant Christian D. Searcy, Jr. was present for an interview with the Council. CONSENT AGENDA APPROVED President Pro Tem Gebbia moved to approve the consent agenda. Councilman Bush seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the Planning Commission meeting held 10/01/13 Receive for file Minutes of the Waterways Board meeting held 10/22/13 Recommendation: "make a non - boating area at Lakeside Park and buoy it accordingly." Waterways Board member Jerry Sullivan explained the recommendation of the Board. This item will be placed on an upcoming Workshop Session agenda for further discussion. RESOLUTION 2013 -56 — APPOINTING A MEMBER TO THE AUDIT COMMITTEE A motion was made by President Pro Tem Gebbia and seconded by Councilman Bush to adopt Resolution 2013 -56 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING ONE NEW MEMBER TO THE AUDIT COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Norris declared a voting conflict. Thereafter, the motion to adopt Resolution 2013 -56 passed with Mayor Manuel, Vice Mayor Aubrey, President Pro Tem Gebbia, and Councilman Bush voting aye. Minutes of Village Council Regular Session held November 14, 2013 Page 2 of 6 RESOLUTION 2013 -57 — FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH VERIZON A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Gebbia to adopt Resolution 2013 -57 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH VERIZON WIRELESS PERSONAL COMMUNICATIONS, L.P. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reported a request from Craig and Associates to expand the premises included in the Village's Communications Site Lease Agreement with Primeco Personal Communications n/k/a Verizon Wireless Personal Communications LP to accommodate the installation of a diesel generator and fuel tank, together with a five -foot wide utility easement across the Community Center parking lot, in exchange for a $500 increase in the monthly rent. Discussion ensued on paragraph 4 of the lease agreement regarding the first payment date for the increased rent. Tara Shapiro of Craig and Associates, representing Verizon, stated the agreement provides that Verizon send the increased rental payment 30 days after the rent increase commencement date, which is the date a permit is obtained. Ms. Shapiro confirmed that the increased rental payment becomes part of the base monthly payment thereafter. Discussion ensued on paragraph 5 of the lease agreement regarding Village approval of any transfer or assignment of the lease and the provision that "No change of stock ownership, partnership interest or control of Lessee or transfer upon partnership or corporate dissolution of Lessee shall constitute an assignment under the Lease." Ms. Shapiro stated this provision would apply only to affiliates, subsidiaries, of its principal. Council felt this provision was inconsistent with the intent of paragraph 5. Ms. Shapiro advised that any revision to the proposed agreement would require Verizon approval. Discussion took place regarding noise levels of the generator, operation and testing. President Pro Tem Gebbia moved to amend by approving the lease agreement with the exception of striking the sentence beginning with "No change of stock ownership ..." in paragraph 5. The motion to amend was seconded by Councilman Bush and passed unanimously. Thereafter, the motion to adopt Resolution 2013 -57, as amended, passed unanimously. RESOLUTION 2013 -58 — BUDGET AMENDMENT — GENERAL FUND FIVE -YEAR CAPITAL IMPROVEMENT PLAN A motion was made by Councilman Bush and seconded by Councilman Norris to adopt Resolution 2013 -58 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2012 -2013 TO TRANSFER SAVINGS FROM VARIOUS GENERAL FUND ACCOUNTS TO THE CAPITAL PROJECTS RESERVE ACCOUNT TO FUND THE FIVE- YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held November 14, 2013 Page 3 of 6 RESOLUTION 2013 -58 — BUDGET AMENDMENT — GENERAL FUND FIVE -YEAR CAPITAL IMPROVEMENT PLAN continued i Mr. Green reviewed the transfer of $265,000 in FY 2013 General Fund savings to the Capital / Projects Fund to continue funding the Five -Year Capital Improvement Plan (CIP). Finance Director Sarnia Janjua clarified that the amount of budgetary savings being transferred to the Capital Projects Fund is in addition to the monies that were transferred into the Fund for Future Tax Relief. Thereafter, the motion to adopt Resolution 2013 -58 passed unanimously. RESOLUTION 2013 -59 — PUBLIC WORKS SPECIALTY VEHICLES PURCHASE A motion was made by Councilman Bush and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -59 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE 2014 FORD E350 UTILITY VAN AND ONE 2014 FORD F250 PICK UP TRUCK FROM MIKE DAVIDSON FORD BY PIGGYBACKING CITY OF TALLAHASSEE CONTRACT NUMBER 2518 AND APPROVING THE PURCHASE OF AFTER - MARKET COMPONENTS FROM LOCAL VENDORS; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $55,048.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FACILITY SERVICES AUTOMOTIVE AND STREETS AND GROUNDS AUTOMOTIVE CAPITAL ACCOUNTS; DECLARING TWO EXISTING VEHICLES AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green detailed the vehicles and aftermarket components to be purchased and the vehicles being surplused. Discussion took place regarding the City of Tallahassee contract being piggybacked. Mr. Green distributed a document entitled "Cooperative Procurement — Piggybacking" which included prices obtained from three vendors in addition to Mike Davidson Ford. Public Works Director Brian Moree addressed procurement research capabilities. Thereafter, the motion to adopt Resolution 2013 -59 passed unanimously. RESOLUTION 2013 -60 — PUBLIC WORKS SKID STEER EQUIPMENT PURCHASE A motion was made by Councilman Bush, seconded by Vice Mayor Aubrey, and passed unanimously to adopt Resolution 2013 -60 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE BOBCAT SKID STEER LOADER FOR USE BY THE PUBLIC WORKS DEPARTMENT PURSUANT TO THE FLORIDA ASSOCIATION OF SHERIFF'S CONTRACT FOR OFF - ROAD UTILITIES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER r $33,761.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE STREETS AND GROUNDS MACHINERY AND EQUIPMENT ACCOUNT TO FUND THE PURCHASE; DECLARING THE EXISTING CASE TRACTOR AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held November 14, 2013 Page 4 of 6 RESOLUTION 2013 -61 — DISPOSAL OF SURPLUS MILITARY FIVE -TON TRUCK A motion was made by Vice Mayor Aubrey and seconded by Councilman Norris to adopt j Resolution 2013 -61 entitled: i A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DECLARING ONE FIVE TON MILITARY TRUCK AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reported the vehicle was obtained by a former Police Chief in support of the SWAT unit in place at that time; however, the SWAT unit no longer exists. Further, Mr. Green advised that other Public Works vehicles requiring less frequent maintenance could be used to perform evacuation or rescue duties in flood condition. Brief discussion ensued regarding auction value of the vehicle. Thereafter, the motion to adopt Resolution 2013 -61 passed unanimously. RESOLUTION 2013 -62 — VILLAGE PURCHASING POLICY REVISIONS A motion was made by President Pro Tern Gebbia and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -62 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; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Sarnia Janjua reviewed recommended changes to the purchasing policy. Mrs. Janjua explained procedures for use of departmental credit cards. Mrs. Janjua addressed current practices regarding exemptions and clarified that blanket purchase orders for recurring items are limited to $10,000; consequently, total yearly purchases over $10,000 from a single vendor must still be brought to Council for approval. It was suggested that the Audit Committee be given an opportunity to review the new policy. Thereafter, the motion to adopt Resolution 2013 -62 passed unanimously. RESOLUTION 2013 -63 — EMPLOYEE HOLIDAY GIFT PACKAGES A motion was made by Councilman Bush and seconded by President Pro Tern Gebbia to adopt Resolution 2013 -63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE PURCHASE AND DISTRIBUTION OF HOLIDAY GIFT PACKAGES TO VILLAGE EMPLOYEES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reviewed the cost of the holiday gift packages for employee. Discussion ensued regarding the items to be included. Council consensus was that these be food items only. Thereafter, the motion to adopt Resolution 2013 -63 passed unanimously. Minutes of Village Council Regular Session held November 14, 2013 Page 5 of 6 RESOLUTION 2013 -64 — PURCHASE OF BENCHES FOR VETERANS MEMORIAL PARK A motion was made by President Pro Tem Gebbia and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF SEVEN ADDITIONAL BENCHES FOR VETERANS MEMORIAL PARK FROM REP SERVICES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reported that the purchase is being processed as a sole source purchase to ensure the new benches are an exact match with the existing benches. Mr. Green advised that funds from the Veterans Memorial Park Donation Expense Account would be used for this expenditure. Thereafter, the motion to adopt Resolution 2013 -64 passed unanimously. RESOLUTION 2013 -65 — ELECTIONS SERVICES AGREEMENT A motion was made by Vice Mayor Aubrey and seconded President Pro Tem Gebbia by to adopt Resolution 2013 -65 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Teal explained the changes to the previous agreement. Thereafter, the motion to adopt Resolution 2013 -65 passed unanimously. MAYOR AND COUNCIL MATTERS /REPORTS President Pro Tem Gebbia reported on the draft Lake Worth Lagoon Management Plan. President Pro Tem Gebbia announced the holiday shipment to the troops would be packed by Support Our Troops volunteers on November 16, 2013 at the Knights of Columbus Hall in Palm Beach Gardens. The Council commended staff for their efforts in ensuring a successful Veterans Day event at the new Veterans Memorial Park. Mayor Manuel announced the Holiday Tree Lighting Ceremony at Veterans Memorial Park on December 4, 2013. Mayor Manuel reminded Council of the Tri- Cities Barbeque on December 6, 2013 and announced the Holiday Boat Parade on December 7, 2013. VILLAGE MANAGER MATTERS /REPORTS Village Marketing Research Consultant Erin Carpenter reported on the status of the focus group and market research project. Mr. Green reviewed the insurance claims experience report. Minutes of Village Council Regular Session held November 14, 2013 Page 6 of 6 VILLAGE MANAGER MATTERS /REPORTS continued Public Works Director Brian Moree discussed proposed changes to the sanitation collection \ schedule. Further discussion will be held on this item at an upcoming Workshop Session. Mr. Green reported on a meeting with Kemper Sports regarding the North Palm Beach Country Club and restaurant. A Special Workshop on this matter will be scheduled after the first of the year. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 9:40 p.m. Melissa Teal, CMC, Village Clerk � a FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris, David B. Village Council of the Village of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. Highway 1 WHICH I SERVE IS A UNIT OF: I7 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm Beach Palm Beach Village of North Palm Beach DATE ON WHICH VOTE OCCURRED November 14, 2013 MY POSITION IS: ❑ ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST David B. Norris hereby disclose that on November 14 20 13 (a A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Fi ed ig re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR All CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2