03-27-2014 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 27, 2014
Darryl C. Aubrey, Sc.D., Mayor
Robert A. Gebbia, Vice Mayor
David B. Norris, President Pro Tern
William L. Manuel, Councilman
Doug Bush, Councilman
Ed Green, 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 President Pro Tern Norris. Mayor Aubrey led the public in the
Pledge of Allegiance.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Aubrey presented a Certificate of Appreciation and a
photograph of the Winter Club to Rosa Godshall - Holden in recognition of her service to North
Palm Beach as Village Historian.
APPROVAL OF MINUTES
The Minutes of the Regular Session held March 13, 2014 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2014 -02 — CODE AMENDMENT -
EARMAN RIVER PIERS
A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt
Ordinance 2014 -02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 4, "DOCKS AND PIERS," OF ARTICLE III,
"CONSTRUCTION REQUIREMENTS," OF CHAPTER 5, "BOATS, DOCKS AND
WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 5 -84,
"REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE
WORTH AND ATLANTIC OCEAN," TO ALLOW ALTERNATE PIER CONFIGURATIONS
WITHIN THE EARMAN RIVER; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thereafter, the motion to adopt Ordinance 2014 -02 on second reading passed unanimously.
Minutes of Village Council Regular Session held March 27, 2014 Page 2 of 6
FIRST READING OF ORDINANCE 2014 -03 — CODE AMENDMENT RECOVERY OF
PROSECUTION COSTS
A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt
Ordinance 2014 -03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 1 OF THE VILLAGE CODE OF
ORDINANCES, "GENERAL PROVISIONS," BY AMENDING SECTION 1 -8, "GENERAL
PENALTY; CONTINUING VIOLATIONS," TO UPDATE AND CLARIFY EXISTING
PROVISIONS AND PROVIDE FOR THE RECOVERY OF PROSECUTION COSTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Ordinance 2014 -03 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2014 -04 — BUDGET AMENDMENT APPROPRIATING
MATCHING GRANT FUNDS
A motion was made by Councilman Manuel and seconded by Councilman Bush to adopt
Ordinance 2014 -04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR
FISCAL YEAR 2013 -2014 TO APPROPRIATE $277,500.00 TO PROVIDE MATCHING
FUNDS FOR THE LAND AND WATER CONSERVATION FUND GRANT AND
RECREATIONAL TRAILS GRANT FOR THE ANCHORAGE PARK IMPROVEMENTS
PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE BUDGET AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Ryan Ruskay, RMPK Funding, Inc. explained the need to appropriate matching funds in order to
obtain the Land and Water Conservation Fund Grant and Recreational Trails Grant. Mr. Ruskay
stated once the grants are approved, the Village has three years to spend the grant funds.
Mr. Ruskay explained the use of grants to seek other funding sources that can be used to provide
the required match.
Thereafter, the motion to adopt Ordinance 2014 -04 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Item 6.D.2, Receive for file Minutes of the General Employees Pension Board meeting held 11/6/13,
was removed from the consent agenda. Thereafter, President Pro Tem Norris moved to approve
the consent agenda. Vice Mayor Gebbia seconded the motion and all present voted aye. The
following items were approved:
Resolution 2014 -16 approving the Annual Support and License Agreement between the
Village and Tyler Technologies, Inc., MUNIS Division, in the amount of $14,149.76, and
authorizing execution of the Agreement.
Receive for file Minutes of the Library Advisory Board meeting held 2/25/14
Receive for file Minutes of the Recreation Advisory Board meeting held 3/11/14
Minutes of Village Council Regular Session held March 27, 2014 Page 3 of 6
MINUTES OF THE GENERAL EMPLOYEES PENSION BOARD MEETING HELD 11/6/13
A question was raised regarding the status of the Council's request to have the actuary or a
SunTrust representative address Council regarding the General Employees Pension Plan. Mr. Green
stated Attorney Bonni Jensen would attend an April meeting to provide Council with a report on
the General Employees Pension Plan.
A motion was made by Vice Mayor Gebbia and seconded by Councilman Manuel to accept the
Minutes. The motion passed unanimously.
RESOLUTION 2014 -17 — 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT
A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt
Resolution 2014 -17 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, 2013 AND AUTHORIZING ITS FILING WITH THE STATE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Terry Morton, Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report
(CAFR) for the fiscal year ending September 30, 2013. Chairman Tom Magill presented
comments on behalf of the Audit Committee.
Discussion ensued on the increase in long term debt as shown in Table 1 on page 4. Mr. Morton
explained the increase was due to compensated absences and future health care liability.
A correction regarding CALEA was noted on page v of the CAFR.
Thereafter, the motion to adopt Resolution 2014 -17 passed unanimously.
RESOLUTION 2014 -18 — AGREEMENT FOR ACQUISITION OF UTILITY EASEMENT
A motion was made by President Pro Tem Norris and seconded by Councilman Bush to adopt
Resolution 2014 -18 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TROY AND ALISON
MISCHKE FOR THE ACQUISITION OF A UTILITY EASEMENT OVER PROPERTY
LOCATED AT 536 OVERLOOK DRIVE; AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AGREEMENT AND UTILITY EASEMENT ON BEHALF OF
THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reviewed the issue. Discussion ensued regarding the cost if the Village were required
to relocate the sewer line and clean out.
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Thereafter, the motion to adopt Resolution 2014 -18 passed unanimously.
Minutes of Village Council Regular Session held March 27, 2014 Page 4 of 6
RESOLUTION 2014 -19 — COUNTRY CLUB DIVE PLATFORM DEMOLITION
A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt
Resolution 2014 -19 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF BERG DEMOLITION, INC. FOR
THE DEMOLITION OF THE NORTH PALM BEACH COUNTRY CLUB DIVING PLATFORM
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT
RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed the proposals received for demolition of the diving platform and recommended
waiving the competitive bidding requirement and awarding the contract to Berg Demolition, Inc.
of Boca Raton at a cost of $22,968. Public Works Director Brian Moree stated the scope of work
and Village /contractor responsibilities were attached to the contract.
Thereafter, the motion to adopt Resolution 2014 -19 passed unanimously.
RESOLUTION 2014 -20 — LAND AND WATER CONSERVATION FUND PROGRAM GRANT
A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt
Resolution 2014 -20 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF
$200,000 IN MATCHING GRANT FUNDS FOR THE ANCHORAGE PARK
IMPROVEMENTS PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE SAME; AUHORIZING THE APPROPRIATION OF MATCHING FUNDS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reported the Village was approved for a $200,000 matching grant for improvements to
Anchorage Park through the 2014 Florida Department of Environmental Protection Land and
Water Conservation Fund Program. Mr. Green reviewed the expenses eligible for reimbursement
and advised that elements of the grant must be completed within three years.
Ryan Ruskay, RMPK Funding, Inc. discussed obtaining grants for the Anchorage Park
improvements project.
Thereafter, the motion to adopt Resolution 2014 -20 passed unanimously.
RESOLUTION 2014 -21 — RECREATIONAL TRAILS GRANT PROGRAM
A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt
Resolution 2014 -21 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF MATCHING FUNDS FOR
A $77,500 RECREATIONAL TRAILS GRANT FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND AUTHORIZING VILLAGE ADMINISTRATION TO
TAKE ALL ACTIONS NECESSARY TO SECURE GRANT FUNDING; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held March 27, 2014
Page 5 of 6
RESOLUTION 2014 -21 — RECREATIONAL TRAILS GRANT PROGRAM continued
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Mr. Green reported the Village was approved for a $77,500 matching grant for improvements to
Anchorage Park through the 2014 Florida Department of Environmental Protection Recreational
Trails Grant Program.
Ryan Ruskay, RMPK Funding, Inc. explained the improvement items that would be eligible for
reimbursement.
Thereafter, the motion to adopt Resolution 2014 -21 passed unanimously.
RESOLUTION 2014 -22 — TERMINATION OF TENNIS PRO SHOP LEASE AGREEMENT
A motion was made by President Pro Tem Norris and seconded by Councilman Bush to adopt
Resolution 2014 -22 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE TERMINATION OF THE TENNIS PRO SHOP
LEASE AGREEMENT BETWEEN THE VILLAGE AND TENNIS AND MORE, LLC AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green requested Council approve the termination of the existing Tennis Pro Shop Lease with
Tennis and More through an agreement with the vendor, James Bewley. Mr. Green stated staff
would evaluate what options best meet the needs of both the Village and the tennis membership
in terms of merchandising and stringing.
Discussion ensued regarding resolving the outstanding financial obligation owed to the Village.
Thereafter, the motion to adopt Resolution 2014 -22 passed unanimously.
RESOLUTION 2014 -23 — LAW ENFORCEMENT TRUST FUND
A motion was made by Councilman Manuel and seconded by Councilman Bush to adopt
Resolution 2014 -23 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING THE EXPENDITURE OF $4,000 FROM THE LAW
ENFORCEMENT TRUST FUND FOR ASSET FORFEITURES TO FUND THE VILLAGE'S
CONTINUED PARTICIPATION IN THE PALM BEACH COUNTY LAW ENFORCEMENT
EXCHANGE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reviewed the request to expend $4,000 from the Village's law enforcement trust fund
account for asset forfeitures to fund continued participation on the Palm Beach County Law
Enforcement Exchange (LEX) information sharing project.
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Police Chief Jenkins discussed the advantages of participating in the program.
Thereafter, the motion to adopt Resolution 2014 -23 passed unanimously.
Minutes of Village Council Regular Session held March 27, 2014 Page 6 of 6
CMAYOR AND COUNCIL MATTER/REPORTS
Councilman Manuel reported on the Palm Beach County League of Cities meeting and
distributed the League Legal Report.
Discussion took place concerning the status of the Village's payments to Palm Beach County for
the Office of Inspector General.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Green and Chief Jenkins reported on two donations received by the Police Department.
Chief Jenkins gave an operational update.
Parks and Recreation Director Mark Hodgkins reviewed plans for Heritage Day.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:47 p.m.
Melissa Teal, CMC, Village Clerk
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