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09-11-2014 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 11, 2014 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, President Pro Tern William Manuel, Councilman Jim Kelly, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Absent: Doug Bush, Councilman ROLL CALL Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present, except Councilman Bush, who had a work conflict. All members of staff were present. OCATION AND PLEDGE OF ALLEGIAN Mayor Aubrey gave the invocation and Councilman Manuel led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mayor Aubrey proclaimed September 17, 2014 as Constitution Day and Citizenship Day and the week of September 17, 2014 as Constitution Week in the Village of North Palm Beach. APPROVAL OF MINUTES The Minutes of the Regular Session held August 28, 2014 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Senator Joseph Abruzzo, District 25, gave an overview of the 2014 Legislative Session. PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt on first reading Ordinance 2014 -08 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, 2014 AND ENDING SEPTEMBER 30, 2015; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2014 -09 entitled: Minutes of Village Council Regular Session held September 11, 2014 Page 2 of 7 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued 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, 2014 AND ENDING SEPTEMBER 30, 2015 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; APPROVING A MASTER FEE SCHEDULE; 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; AMENDING SECTION 14 -30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," SECTION 6 -111, "GENERAL PROVISIONS," SECTION 21 -1, "SAME — FILING FEES AND COSTS FOR CHANGES," SECTION 45 -35.1, "PLANNED UNIT DEVELOPMENT," SECTION 45 -49, "APPLICATIONS FOR REZONING, ETC.," AND SECTION 45 -50, "APPLICATION FOR VARIANCES," OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF VARIOUS SANITATION AND PLANNING AND ZONING FEES IN THE MASTER FEE SCHEDULE; PROVIDING FOR LIMITED CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly stated the proposed ordinances establish and adopt the Village's Fiscal Year 2014 -2015 budget and set its annual millage rate at 7.3300 mils, which is 11.78% above the Fiscal Year 2014 -2015 rolled back rate of 6.5574 mils. Mr. Kelly advised that this year's Budget ordinance provides for an appropriation of two- tenths of a mil for a total of $305,746 to be transferred to the Capital Projects Fund to finance the General Fund's Capital Improvement Plan. Mr. Kelly noted the ordinance also modifies the Village Code to delete references to various fees for sanitation, planning, and zoning, which are now incorporated into the Master Fee Schedule adopted as part of the budget. Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. Patricia Williamson, 849 Fathom Road West, urged the Council to keep the millage rate the same, stating she can't afford to live here if the rate goes up year after year, since even an increase of $100 per year adds up, when insurance costs also rise each year. Lisa Molina, 730 U.S. Highway 1, representing La Bamba restaurant, objected to an 18% increase in the commercial sanitation rate, stating that it is a huge increase for a small business. Robert Maurer, 115 Lakeshore Drive, provided a letter to the Council and stated he supports the services as outlined in the budget plan for fiscal year 2014 -2015. Mr. Maurer observed the challenge of growing revenue without raising property taxes, and noted that in order to expand the tax base, it may be time to increase investment in economic and community development. ' Stuart Kocha, 400 U.S. Highway 1, representing Frigate's restaurant, stated an 18% increase in sanitation rates in one year is extreme, and proposed incremental increases over a five -year period. Francois Arsouze, 732 Lighthouse Drive, representing Nonna Maria restaurant, stated an 18% increase in the commercial sanitation rate is too sudden and too steep. Minutes of Village Council Regular Session held September 11, 2014 Page 3 of 7 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued There being no further comments from the public, Mayor Aubrey closed the public hearing. During discussion of the budget and millage rate, Mayor Aubrey noted that the millage rate in 2006 was 6.80 and in 2014 it was 6.90. Mayor Aubrey stated the necessity of increasing the millage rate this year in order to provide the services that residents expect. Mayor Aubrey reported the average home would see an increase of approximately $8.00 per month. Regarding the increase in commercial sanitation fees, Mr. Kelly stated the Village is matching the fees charged by the Solid Waste Authority. Vice Mayor Gebbia addressed the use of reserves to fund capital improvements and the appropriation of two- tenths of a mil to maintain the capital funds needed for future improvements. A millage rate of 7.3300 mils was approved by unanimous vote. Mayor Aubrey announced that the rolled back rate is 6.5574 mils, the percentage increase over the rolled back rate is 11.78 %, and the millage rate to be levied is 7.3300 mils. The motion to adopt Ordinance 2014 -08 on first reading passed unanimously. The motion to adopt Ordinance 2014 -09 on first reading passed unanimously. FIRST READING OF ORDINANCE 2014 -10 — BUDGET AMENDMENT APPROPRIATING FUNDS FOR THE CAPITAL IMPROVEMENT PLAN A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt on first reading Ordinance 2014 -10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2014 -2015 TO APPROPRIATE $1,643,500 FROM THE UNASSIGNED FUND BALANCE TO FUND THE GENERAL FUND'S FIVE YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Ordinance 2014 -10 on first reading passed unanimously. FIRST READING OF ORDINANCE 2014 -11— AMENDING POLICE AND FIRE PENSION PLAN A motion was made by Vice Mayor Gebbia and seconded by President Pro Tem Norris to adopt on first reading Ordinance 2014 -11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2 -159, "CREATION OF TRUST AND DEFINITIONS," TO LIMIT OVERTIME FOR POLICE OFFICER MEMBERS, SECTION 2 -161, "BENEFIT AMOUNTS," TO CLARIFY THE NORMAL RETIREMENT BENEFIT AND SECTION 2 -163, "CONTRIBUTIONS," TO INCREASE POLICE OFFICER MEMBER CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly detailed the amendments and explained the factors affecting realization of the 2% decrease in the Village's required contributions to the Police and Fire Pension plan over several years. Thereafter, the motion to adopt Ordinance 2014 -11 on first reading passed unanimously. Minutes of Village Council Regular Session held September 11, 2014 Page 4 of 7 CONSENT AGENDA APPROVED Vice Mayor Gebbia moved to approve the consent agenda. President Pro Tern Norris seconded the motion and all present voted aye. The following items were approved: Resolution 2014 -53 appointing Jim Peterson to the General Employees Retirement Board for a two -year term expiring September 27, 2016 Resolution 2014 -54 declaring one piano as surplus property and authorizing its disposal in accordance with Village Policies and Procedures Resolution 2014 -55 declaring one maintenance trailer as surplus property and authorizing its disposal in accordance with Village Policies and Procedures Receive for file Minutes of theAudit Committee meeting held 8/25/14 RESOLUTION 2014 -56 — BUDGET AMENDMENT TRANSFERRING DEVELOPER FEES TO THE CAPITAL PROJECTS FUND A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -56 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE FISCAL YEAR 2013 -2014 GENERAL FUND BUDGET TO TRANSFER UNUSED DEVELOPER FEES FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported that $50,000 from Recreation Developer Fees had been set aside for the kiddie pool enhancement project, of which $4,500 has been spent for an engineering survey. Because the kiddie pool enhancement project was postponed during the FY 2015 budgetary process, Mr. Kelly recommended transferring the unused funds into the Capital Projects Fund so that they can be used for this project in the future. Thereafter, the motion to adopt Resolution 2014 -56 passed unanimously. RESOLUTION 2014 -57 — ACCOUNTING POLICIES AND PROCEDURES MANUAL REVISION A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -57 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REVISING THE FIXED ASSETS ACCOUNTING AND RECORDING POLICY AND THE PURCHASING POLICY AS SET FORTH IN THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL CONTROLS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly detailed the changes to the Accounting Policies and Procedures Manual. Finance Director Samia Janjua clarified the provision regarding recording of intangible assets, such as computer software, and use of capital funds for intangible resources that meet the capitalization threshold. Thereafter, the motion to adopt Resolution 2014 -57 passed unanimously. Minutes of Village Council Regular Session held September 11, 2014 Page 5 of 7 RESOLUTION 2014 -58 — STATE AID TO LIBRARIES GRANT FUNDING APPLICATION A motion was made by President Pro Tern Norris and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -58 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION FOR STATE AID TO LIBRARIES GRANT FUNDING; PROVIDING THE REQUIRED ASSURANCES AND CERTIFICATIONS; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT; APPROVING AN ANNUAL PLAN OF SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that $24,498 in State Aid to Libraries Grant Funding is estimated to be provided to the Village in FY 2015. Thereafter, the motion to adopt Resolution 2014 -58 passed unanimously. RESOLUTION 2014 -59 — GROUNDS AND ATHLETIC FIELD MAINTENANCE CONTRACT A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt Resolution 2014 -59 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. FOR GROUNDS AND ATHLETIC FIELD MAINTENANCE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported receipt of four proposals to provide turf and grounds maintenance services for Village facilities, parks, and public rights -of -way. Mr. Kelly recommended accepting the proposal submitted by Precision Landscape Company at a cost not to exceed $495,000. Mr. Kelly stated the initial contract term is three years, beginning on October 1, 2014, with two additional one -year renewal periods. During discussion, Mr. Kelly clarified the maintenance areas and performance standards included in the contract. Thereafter, the motion to adopt Resolution 2014 -59 passed unanimously. RESOLUTION 2014 -60 — PUBLIC SAFETY DISPATCH INTERLOCAL AGREEMENT A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -60 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF PALM BEACH GARDENS FOR PUBLIC SAFETY COMMUNICATIONS DISPATCH SERVICES; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. In accordance with cost saving measures discussed during the FY 2015 budgetary process, Mr. Kelly stated that the CAD, dispatch, and 911 functions of the North Palm Beach Police Department would be transitioned to the Palm Beach Gardens EOCC Dispatch Center (North County Dispatch Center or NCDC). Mr. Kelly reported the NCDC currently provides dispatch services for the City of Palm Beach Gardens, Town of Juno Beach, Town of Jupiter, and Town of Jupiter Inlet Colony. Minutes of Village Council Regular Session held September 11, 2014 Page 6 of 7 RESOLUTION 2014 -60 — PUBLIC SAFETY DISPATCH INTERLOCAL AGREEMENT continued Mr. Kelly advised that joining NCDC would result in a net cost savings of approximately $243,952 1 in FY 2015 and approximately $1,574,315 over the next five years, and would provide infrastructure / for more efficient and effective policing in situations requiring a multi- agency response. Thereafter, the motion to adopt Resolution 2014 -60 passed unanimously. RESOLUTION 2014 -61 — POLICE RADIOS PURCHASE A motion was made by Councilman Manuel and seconded by President Pro Tem Norris to adopt Resolution 2014 -61 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF THREE HARRIS PORTABLE RADIO PACKAGES AND FORTY HARRIS MOBILE RADIOS FROM CITATION COMMUNICATIONS PURSUANT TO EXISTING CONTRACTS WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY FOR PORTABLE AND MOBILE RADIOS, EQUIPMENT, PARTS AND ACCESSORIES AND RADIO REPAIRS, SERVICE, INSTALLATION AND PREVENTATIVE MAINTENANCE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $153,066.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE — MACHINERY AND EQUIPMENT ACCOUNT TO FUND THE PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly explained the purchase is necessary due to the transition of Village public safety communications dispatch services to the North County Dispatch Center (NCDC), as the NCDC uses Harris radios. Mr. Kelly reported that Capital Improvement Plan funds would be utilized for the purchase. Discussion ensued on the life expectancy and coverage area of the radios. Thereafter, the motion to adopt Resolution 2014 -61 passed unanimously. RESOLUTION 2014 -62 — HOT STIX GOLF LICENSE AGREEMENT — TABLED TO 9125114 A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -62 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A LICENSE AGREEMENT WITH ALMENDRAL CAPITAL PARTNERS LLC D /B /A HOT STIX GOLF TO OCCUPY SPACE AT THE COUNTRY CLUB DRIVING RANGE TO PROVIDE CUSTOM GOLF CLUB FITTING SERVICES AND SALES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly stated that in 2013, Almendral Capital Partners, LLC d /b /a Hot Stix Golf (HSG) submitted the sole proposal in response to the Village's Request for Proposals for custom golf club fitting services. Discussion ensued regarding the proposed contract, which does not provide for any increase in HSG's monthly payment to the Village. The Council directed Administration to seek information on the company's net profits from sales at the Country Club Driving Range in order to determine if an increase in compensation to the Village is warranted. President Pro Tern Norris moved to table this item to the next Regular Session. The motion was seconded by Vice Mayor Gebbia, and all present voted aye. Minutes of Village Council Regular Session held September 11, 2014 Page 7 of 7 MAYOR AND COUNCIL MATTERS Vice Mayor Gebbia advised that the new FEMA flood maps are available online. A link to the flood maps will be added on the Village website. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly noted the publication "Relocating to Palm Beach County" issued by the Realtors Association of the Palm Beaches features an ad for the North Palm Beach Jack Nicklaus Signature Golf Course. Mr. Kelly reported the Conservatory School at North Palm Beach will hold public tours for Village residents at 9:30 a.m. on September 26 and October 3, 2014. Mr. Kelly announced Commissioner Hal Valeche as the guest speaker at the Village's upcoming Veterans Day ceremony. Mr. Kelly announced the first meeting of the Country Club fact finding committee will be held September 19, 2014 in the banquet room at the Country Club. Mr. Kelly reported on a concerned citizens meeting regarding the redevelopment project proposed for the Panama Hattie's site and requested consensus to contract for a traffic study of the PGA/Ellison Wilson/U.S. Highway 1 corridor. Mr. Kelly estimated the study would cost $2,000 to $4,000, plus additional fees for representation at any hearings. Mr. Kelly advised that funding would be provided by the stakeholders. By consensus, Council authorized Mr. Kelly to move forward on obtaining a traffic engineer to perform the study. Mr. Kelly requested authorization to send a letter to Palm Beach County terminating the Village's Interlocal Agreements with the County for provision of direct connect access and maintenance of the Motorola radio system effective October 1, 2014, and to initiate a new Interlocal Agreement with Palm Beach County for multi- agency communication. A motion to approve a letter withdrawing from the existing Interlocal Agreements and to authorize Mr. Kelly to pursue a new Interlocal Agreement was made by Vice Mayor Gebbia, seconded by Councilman Manuel, and passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Melissa Teal, CMC, Village C erk