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08-22-2013 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 22, 2013 l Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tern David B: Norris, Councilman Doug Bush, Councilman Ed Green, 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 Mayor Manuel gave the invocation and President Pro Tern Gebbia led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mayor Manuel proclaimed the month of August as Fire Rescue appreciation month in the Village of North Palm Beach. Lt. Scott Freseman accepted the proclamation on behalf of North Palm Beach Fire Rescue. Muscular Dystrophy Association Executive Director Stephanie Glavin thanked Fire Rescue and the citizens of North Palm Beach for their support of the MDA "Fill the Boot" campaign. APPROVAL OF MINUTES The Minutes of the Regular Session held August 8, 2013 were approved as written. ZONING BOARD OF ADJUSTMENT APPLICANT INTERVIEWS Zoning Board of Adjustment applicants TK Krumenacker and Mary O'Brien were present for interviews with the Village Council. SECOND READING AND ENACTMENT OF ORDINANCE 2013 -11 — GENERAL FUND RESERVE FOR FUTURE TAX RELIEF A motion was made by President Pro Tem. Gebbia and seconded by Councilman Bush to adopt and enact on second reading Ordinance 2013 -11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A GENERAL FUND RESERVE FOR FUTURE TAX RELIEF AND AUTHORIZING THE TRANSFER OF ANTICIPATED SAVINGS FROM THE CURRENT FISCAL YEAR INTO THIS RESERVE FUND AT YEAR -END; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held August 22 2013 Page 2 of 5 SECOND READING AND ENACTMENT OF ORDINANCE 2013 -11 — GENERAL FUND ` RESERVE FOR FUTURE TAX RELIEF continued l Mr. Green reported the proposed ordinance would establish a General Fund Reserve for Future Tax Relief for the purpose of transferring a designated amount of surplus funds into a reserve account, which may only be used to offset a potential increase to the millage rate. Mr. Green advised that a portion of the year -end surplus would roll into the reserve fund and any funds not utilized for Fiscal Year 2013 -2014 could be used in subsequent years as part of the budget adoption process. Mayor Manuel opened the public hearing. There were no comments from the public. Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2013 -11 on second reading passed unanimously. 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 item was approved: Receive for file Minutes of the Recreation Advisory Board meeting held 8/13/13 RESOLUTION 2013 -41 — APPOINTING A ZONING BOARD OF ADJUSTMENT MEMBER By written ballot, the original of which is attached to the minutes of record, the Council appointed Mary O'Brien as the 2nd alternate of the Zoning Board of Adjustment. Thereafter, the name of Mary O'Brien was entered into Resolution 2013 -41. A motion was made by Councilman Bush and seconded by Councilman Norris to adopt Resolution 2013 -41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING ONE NEW MEMBER TO THE ZONING BOARD OF ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2013 -41 passed unanimously. RESOLUTION 2013 -42 — LICENSE AGREEMENT WITH THE BENJAMIN SCHOOL A motion was made by President Pro Tem Gebbia and seconded by Councilman Norris to adopt Resolution 2013 -42 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A REVOCABLE LICENSE AND INDEMNIFICATION AGREEMENT WITH THE BENJAMIN PRIVATE SCHOOL, INC. RELATING TO PARKING WITHIN THE MCLAREN ROAD RIGHT -OF -WAY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green stated the ordinance approving The Benjamin School Planned Unit Development required the School to enter into a Revocable License and Indemnification Agreement related to parking in the McLaren Road right -of -way. Mr. Green detailed the terms of the Agreement. Thereafter, the motion to adopt Resolution 2013 -42 passed unanimously. Minutes of Village Council Regular Session held August 22 2013 Page 3 of 5 RESOLUTION 2013 -43 — ACTING VILLAGE MANAGER i A motion was made by Councilman Bush and seconded by President Pro Tem Gebbia to adopt Resolution 2013 -43 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE POLICE CHIEF TO SERVE AS ACTING VILLAGE MANAGER DURING THE VILLAGE MANAGER'S TEMPORARY ABSENCE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green stated he is authorized by Village Charter to designate a qualified Village administrative officer to exercise the powers and perform the duties of the Village Manager in his absence. Mr. Green noted his upcoming vacation and advised that rather than rotating Acting Village Manager duties among department heads, he wished to appoint the Police Chief to serve in this capacity when he is temporarily absent due to vacation or illness. Mr. Rubin explained the Police Chief may not exercise final authority in law enforcement and administrative matters due to Attorney General Opinions regarding the dual office- holding prohibition set forth in Article II, Section 5(a) of the Florida Constitution. Discussion was held regarding Sections 4 -3 and 4 -4 of the Village Charter. Discussion took place concerning the delegation of final action on personnel matters during the absence of the Village Manager. Thereafter, the motion Failed 1 -4, with President Pro Tem Gebbia voting aye, and Mayor Manuel, Vice Mayor Aubrey, Councilman Norris, and Councilman Bush voting nay. A motion was made by Councilman Norris and seconded by Vice Mayor Aubrey to approve the Manager's designation of Police Chief as Acting Village Manager during his upcoming absence. President Pro Tem Gebbia moved to amend the previous motion to stipulate that the Police Chief could not take any actions with regard to personnel matters including hiring, firing, and discipline, with those actions delegated to the Human Resources Director after consultation with the Village Attorney. The motion to amend was seconded by Councilman Bush and passed 4 -1, with Councilman Norris, Vice Mayor Aubrey, President Pro Tem Gebbia, and Councilman Bush voting aye, and Mayor Manuel voting nay. Thereafter, the motion, as amended, passed 4 -1, with Councilman Norris, Vice Mayor Aubrey, President Pro Tem Gebbia, and Councilman Bush voting aye, and Mayor Manuel voting nay. FINAL CLOSEOUT — SOUTHWEST NEIGHBORHOOD IMPROVEMENTS PROJECT A motion was made by Councilman Bush and seconded by President Pro Tem Gebbia to authorize final payment to All -Site Construction, Inc. in the amount of $40,531.65 for the Southwest Neighborhood Improvements Project (sidewalks portion) in accordance with Village policy. Councilman Norris declared a voting conflict. Minutes of Village Council Regular Session held August 22 2013 Page 4 of 5 FINAL CLOSEOUT – SOUTHWEST NEIGHBORHOOD IMPROVEMENTS PROJECT continued Mr. Green detailed the original contract amount, change orders, and final payment due. All-Site Construction, Inc. President, Ezra Saffold, addressed the Council regarding the project. Community Development Director Chuck Huff reported on matters to be resolved before the final payment is released, including submittal of as-built drawings and replacement of three areas of sidewalk due to cross-slope issues. Mr. Huff explained the change orders. Thereafter, the motion to authorize final payment to All-Site Construction, Inc. passed 4-0, with Councilman Bush, President Pro Tem Gebbia, Vice Mayor Aubrey, and Mayor Manuel voting aye. FINAL CLOSEOUT – OSBORNE PARK LIGHTING PROJECT A motion was made by Councilman Bush and seconded by President Pro Tem Gebbia to authorize final payment to Musco Lighting, LLC in the amount of $218,004 for the Osborne Park Lighting Project in accordance with Village policy. Mr. Green noted that pursuant to the grant agreement for this project, all work must be completed and invoices processed by August 30, 2013. Mr. Green reported that final inspection, certificates for payment, and all other required documentation would be received prior to issuing final payment to the contractor. Thereafter, the motion to authorize final payment to Musco Lighting, LLC passed unanimously. MAYOR AND COUNCIL MATTERS Vice Mayor Aubrey expressed concern regarding the condition of the Prosperity Farms Road swale areas. Discussion ensued regarding swale maintenance responsibilities. Village Planner Jodi Nentwick reviewed the history of this issue and reported the adjacent property owners are responsible for swale maintenance. Mayor Manuel referenced an email from Joe Albergo regarding canal conditions adjacent to Marina Harbour Condominium. Community Development Director Chuck Huff gave an overview of previous actions taken in this regard. VILLAGE MANAGER MATTERS/REPORTS Mr. Green distributed a memo from Fire Chief J.D. Armstrong detailing the cost to replace all six garage bay doors at once, rather than as a three-year project. Mr. Green distributed examples of the dedication and memorial plaques to be installed at the new Veterans Memorial Park. Mr. Green provided a list of contributions received and expenditures to date, along with information on Veterans Day. Mr. Green distributed a memo from Public Works Director Brian Moree regarding the cost to purchase a holiday tree for display at Veterans Memorial Park. Mr. Green advised the park would be the location of this year’s Tree Lighting Ceremony. Mr. Green recommends purchasing a 20-foot tree. Minutes of Village Council Regular Session held August 22 2013 Page 5 of 5 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Rubin discussed his memo regarding the suspension of two business tax receipts issued to Hong Tang Life Therapy Massage. Mr. Rubin reviewed Village Code provisions that allow the Council to suspend or revoke a business tax receipt. Mr. Rubin advised that prior to revocation the Village must afford the holder of the receipt due process, consisting of notice of the proceeding and an opportunity to be heard. Mr. Rubin requested temporary suspension of the business tax receipts based on illegal activity discovered and arrests made, pending a revocation hearing that would take place at the September 12, 2013 Council meeting. A motion was made by Councilman Bush and seconded by Councilman Norris to temporarily revoke the business tax receipts for this particular business and to begin the process for setting the revocation hearing. Thereafter, the motion passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:48 p.m. Melissa Teal, CMC, Village Cl rk CLERK'S TALLY SHEET ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Round 1 Krumenacker, T.K. ' O'Brien, Mary 1( (Signature) Oci (Signature) Round 2 Round 3 -- BALLOT ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Round 1 Round 2 Round 3 Krumenacker, T.K. _ O'Brien, Mary z6jll� (Signa re) BALLOT j ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Krumenacker, T.K. O'Brien, Mary Round 1 Round 2 Round 3 BALLOT ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Round 1 Krumenacker, T.K. O'Brien Mary" (Signature) Round 2 Round 3 BALLOT J ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Krumenacker, T.K. O'Brien, Mary Round 1 Round 2 Round 3 BALLOT ZONING BOARD OF ADJUSTMENT August 22, 2013 Vote for 1 Alternate Krumenacker, T.K. O'Brien, Mary (Signature) Round 1 Round 2 Round 3 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 North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. H 1 hwa 1 WHICH I SERVE IS A UNIT OF: Ya CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Beach North Palm Beach FL 33408 Palm Beach DATE ON WHICH VOTE OCCURRED August 22, 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 813 - 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 r7 I, David B. Norris , hereby disclose that on AV,0j-�- , , , 20 : (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 whom I am retained; or inured to the special gain or loss of ) '7' is the parent organization or subsidiary of a principal which has retained me/6 Z ,Mq V (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: X (5er �63f4 67J IC6- le- �w� � IVP�10"-41610-'�D 11KP01ArrkA.4-1 3 Date Filed by which 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 A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 0