09-16-2010 VC SP-M MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
110 SEPTEMBER 16, 2010
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tern
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
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
Councilman Hernacki gave the invocation and Vice Mayor Aubrey led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Manuel presented a certificate and check to Steve
Mekoliavitch in recognition of his 25 years of service to the Village in the Public Safety Department.
Mayor Manuel proclaimed September 17, 2010 as Constitution Day and Citizenship Day, and
the week of September 17—23, 2010 as Constitution Week in the Village of North Palm Beach.
Former Village Mayor Gail Vastola was present to receive the proclamation on behalf of the
Seminole Chapter of the Daughters of the American Revolution.
APPROVAL OF MINUTES
The minutes of the Regular Session held August 26, 2010 were approved as written.
DECLARATION OF EX PARTE COMMUNICATIONS
Councilman Hernacki reported a site visit to Cod& Capers Seafood in Palm Beach Gardens and
ex parte communication with owner Steve Gyland.
PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE
ORDINANCE AND BUDGET ORDINANCE
A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt on
first reading Ordinance 2010-13 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, 2010 AND
ENDING SEPTEMBER 30, 2011; PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Village Council Special Session held September 16,2010 Page 2 of 5
PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE
• ORDINANCE AND BUDGET ORDINANCE continued
A motion was made by Councilman Hernacki and seconded by President Pro Tern Norris to
adopt on first reading Ordinance 2010-14 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, 2010 AND
ENDING SEPTEMBER 30, 2011 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.
Mr. Knight reported that the proposed ordinance sets the millage rate at 6.9723 mils, which is a
decrease of 6.79% from the fiscal year 2010-2011 rolled back rate of 7.4802 mils. Mr. Knight
reported the General Fund Budget has been reduced by more than $550,000 and ad valorem
taxes have been reduced almost $746,000 from the current year. Mr. Knight noted that with no
outstanding loan obligations in the General Fund, the Village is debt free.
Mayor Manuel opened the public hearing on the ad valorem tax millage rate and budget. With
no comments from the public, Mayor Manuel closed the public hearing.
Thereafter, the tentative millage rate of 6.9723 was approved by unanimous vote.
Mayor announced that the rolled back rate is 7.4802, the percentage decrease under the rolled
back rate is 6.79%, and the millage rate to be levied is 6.9723 mils.
The motion to adopt Ordinance 2010-13 on first reading passed unanimously. The motion to
adopt Ordinance 2010-14 on first reading passed unanimously.
SPECIAL USE PERMIT APPROVED FOR COD & CAPERS SEAFOOD
Vice Mayor Aubrey moved to approve an application for a Special Use Permit to allow Cod &
Capers Seafood to operate a retail and wholesale seafood market with a restaurant/bar at 1201
U.S. Highway 1 as a similar use to those permitted within the C-1 Neighborhood Commercial
zoning district, subject to certain conditions and in accordance with Village policy.
Mr. Knight detailed the conditions of the permit.
• Mayor Manuel opened the public hearing. There being no comments from the public, Mayor
Manuel closed the public hearing.
Thereafter, the motion to approve the application of Code & Capers Seafood for a Special Use
Permit passed unanimously.
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CONSENT AGENDA
• President Pro Tern Norris moved to approve the consent agenda. The motion was seconded by
Councilman Gebbia and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of Police and Fire Pension Board meeting held 5/18/2010
Receive for file Minutes of Audit Committee meeting held 8/5/2010
Receive for file Minutes of General Employees Pension Board meeting held 8/5/2010
Receive for file Minutes of Golf Advisory Board meeting held 8/9/2010
Receive for file Minutes of Library Advisory Board meeting held 8/24/2010
Receive for file Minutes of Audit Committee meeting held 8/30/2010
Receive for file Minutes of Audit Committee meeting held 9/7/10
RESOLUTION 2010-52—PROPERTY CASUALTY INSURANCE COVERAGE
Item 6.E5 was moved forward on the agenda.
Mr. Knight described the process used to review and analyze proposals received in response to
the Request for Proposals (RFP) for the Village's 2010-2011 Property and Casualty Insurance
Program, which included a formal presentation by the respondents to the Audit Committee at its
9/7/10 meeting. Mr. Knight advised that he engaged Ben Few & Company, Inc. of Ft. Myers,
Florida, an independent risk management company, to analyze the proposals received and make a
recommendation. Mr. Knight detailed the recommendations received from the Audit Committee
and Ben Few & Company, Inc. Mr. Knight noted that by utilizing two firms to provide coverage,
the Village would save approximately$110,000.
Brendan Lynch and Peter Arts representing FMIT, Don Noel and Andy Cooper representing
Public Risk Management, and Brian Cottrell representing Preferred Government Insurance Trust
were present to answer questions concerning their proposals.
Discussion took place concerning the option to purchase extra coverage for all lines of liability at
a cost of$3,219. Mr. Knight advised the total price for insurance coverages, including additional
liability would be $503,361.
A motion was made by Councilman Hernacki to accept the recommendation by Ben Few &
Company, Inc. and to purchase additional liability coverage. The motion was seconded by
President Pro Tern Norris and passed unanimously.
A motion was made by Councilman Hernacki, seconded by Vice Mayor Aubrey, and passed
unanimously to adopt Resolution 2010-52 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING A PROPOSAL SUBMITTED IN RESPONSE TO THE
VILLAGE'S REQUEST FOR PROPOSALS TO PROVIDE A PROPERTY AND CASUALTY
• INSURANCE PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Village Council Special Session held September 16,2010 Page 4 of 5
RESOLUTION 2010-48—PARTIAL REIMBURSEMENT OF ATTORNEY'S FEES AND COSTS
• A motion was made by President Pro Tern Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-48 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PARTIAL REIMBURSEMENT OF ATTORNEY'S
FEES AND COSTS EXPENDED BY PATTI UNRUH DEFENDING A LAWSUIT BROUGHT
BY A FORMER VILLAGE TENNIS PROFESSIONAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight stated the resolution approves the partial reimbursement of attorney's fees and costs
personally expended by Ms. Unruh in defending the Agnolin lawsuit. Mr. Knight advised the
reimbursement represents a reduction of the hourly rate for attorney's fees from that paid by
Ms. Unruh to the hourly rate generally paid by the Village for legal representation.
Council discussed the connection between the lawsuit and Mrs. Unruh's service on the Country
Club Advisory Board.
Thereafter, the motion to adopt Resolution 2010-48 passed unanimously.
RESOLUTION 2010-49— STATE AID TO LIBRARIES GRANT FUNDING
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-49 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, AND AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted the North Palm Beach Public Library has been a member of the Library
Cooperative of the Palm Beaches for the past three years, and that membership in the Cooperative
allows the Village to receive a State Aid to Libraries grant,which totaled$16,957 for FY 2009-2010.
Thereafter, the motion to adopt Resolution 2010-49 passed unanimously.
RESOLUTION 2010-50—NORTHLAKE BLVD. TAKS FORCE INTERLOCAL AGREEMENT
A motion was made by President Pro Tern Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-50 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN EXTENSION TO THE TERM OF THE AMENDED
AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE, THE CITY OF
PALM BEACH GARDENS, THE TOWN OF LAKE PARK AND PALM BEACH COUNTY
RELATING TO THE NORTHLAKE BOULEVARD TASK FORCE AND AUTHORIZING
• THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight stated the resolution would extend the term of the Interlocal Agreement to 9/30/2011
Thereafter, the motion to adopt Resolution 2010-50 passed unanimously.
Minutes of Village Council Special Session held September 16,2010 Page 5 of 5
RESOLUTION 2010-51 —REVISED UNIFIED LOCAL MITIGATION STRATEGY PLAN
1110 A motion was made by President Pro Tern Aubrey and seconded by Councilman Hernacki to
adopt Resolution 2010-51 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ADOPTING THE 2009 REVISED UNIFIED PALM BEACH COUNTY
LOCAL MITIGATION STRATEGY PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reported that the Disaster Mitigation Act requires governmental entities to have
FEMA approved mitigation plans in place in order to receive future federal mitigation assistance
funding through FEMA. Mr. Knight advised that the Village's representative to the Local
Mitigation Strategy(LMS) program is Community Development Director Chuck Huff.
Thereafter, the motion to adopt Resolution 2010-51 passed unanimously.
RESOLUTION 2010-53—LEASE AGREEMENT—POLICE MOTORCYCLES
A motion was made by President Pro Tern Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-53 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A LEASE AGREEMENT WITH HARLEY DAVIDSON
OF ORMOND BEACH, FLORIDA FOR TWO 2011 ROAD KING POLICE MOTORCYCLES
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE LEASE
ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight explained that the new lease agreement, which has a two-year term, provides for two
motorcycles at a cost of $8,400 per year. Discussion took place concerning mileage, light
package, and lease/buy analysis.
Thereafter,the motion to adopt Resolution 2010-53 passed unanimously.
MAYOR AND COUNCIL MATTERS
Discussion took place concerning Regular Session meeting dates in November. Due to the
Veterans Day and Thanksgiving Day holidays, Council consensus was to hold one meeting on
November 18, 2010 during the month of November.
Mayor Manuel reminded Council of the Election Forum on October 11, 2010 and asked that
councilmen assist in publicizing the event. Mayor Manuel reported attendance commitments
thus far have been received from Allen West, Ellyn Bogdanoff, Pat Rooney, and Mark Marciano.
VILLAGE MANAGER MATTERS
Mr. Knight reviewed a pamphlet of budget highlights for FY 2010-2011, which will be included
in the October newsletter. Mr. Knight noted that his evaluation by Council is due, and advised
that the evaluation form would be provided electronically to each councilman.
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ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:07 p.m.
Melissa Teal, CMC, Village Clerk