09-12-2013 VC REG-MJ MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 12, 2013
Present: 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
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
Vice Mayor Aubrey gave invocation and Councilman Bush led the public in the Pledge of Allegiance.
AWARDS AND RECOGNITION
Mayor Manuel proclaimed September 17, 2013 as Constitution Day and Citizenship Day and the
week of September 17, 2013 as Constitution Week in the Village of North Palm Beach.
APPROVAL OF MINUTES
The Minutes of the Regular Session held August 22, 2013 were approved as written.
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 Norris to adopt on first
reading Ordinance 2013 -12 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, 2013 AND ENDING
SEPTEMBER 30, 2014; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Village Council Regular Session held September 12, 2013 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 Bush and seconded by Vice Mayor Aubrey to adopt on first
reading Ordinance 2013 -13 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, 2013 AND
ENDING SEPTEMBER 30, 2014 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; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green stated the proposed ordinances establish and adopt the Village's Fiscal Year 2013 -2014
budget and set its annual millage rate at 6.9723 mils, which is 2.48% above the rolled back rate of
6.8034. Mr. Green reviewed three budget and millage options resulting from additional savings of
$144,053 identified during the budget workshop process. Council preferred option 2, using $442,833
from the'Reserve Fund for Future Tax Relief and setting the millage rate at $6.8731.
Mayor Manuel opened the public hearing on the ad valorem tax millage rate and budget. There
being no comments from the public, Mayor Manuel closed the public hearing.
Discussion took place regarding the proposed millage rate. A motion was made by Councilman
Bush, seconded by Councilman Norris, and passed unanimously to set the millage rate at 6.8731.
Mayor Manuel announced that the rolled back rate is 6.8034, the percentage increase over the
rolled back rate is 1.02 %, and the millage rate to be levied is 6.8731 mils.
Councilman Norris moved to amend the motion to adopt Ordinance 2013 -12 to set the millage rate
at 6.8731 mils. The motion was seconded by President Pro Tern Gebbia and passed unanimously.
The motion to adopt Ordinance 2013 -12, as amended, on first reading passed unanimously. The
motion to adopt Ordinance 2013 -13 on first reading passed unanimously.
[continued on next page]
Minutes of Village Council Regular Session held September 12, 2013 Page 3 of 5
FIRST READING OF ORDINANCE 2013 -14 — EXEMPT EMPLOYEE EMERGENCY DUTY
COMPENSATION
j
l A motion was made by Councilman Bush and seconded by Councilman Norris to adopt on first
reading Ordinance 2013 -14 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 8, "EMERGENCY MANAGEMENT," OF THE
VILLAGE CODE OF ORDINANCES TO ADOPT A NEW ARTICLE III, "EXEMPT
EMPLOYEE EMERGENCY DUTY" TO PROVIDE FOR THE COMPENSATION OF
EXEMPT EMPLOYEES WHO PERFORM DISASTER - RELATED EMERGENCY WORK
DURING A DECLARED STATE OF EMERGENCY; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Green discussed the need for critical staff to work overtime during periods of disaster and
extreme emergency. Mr. Green advised that Council approval of the proposed ordinance would
allow exempt employees to receive overtime pay for disaster - related emergency work authorized
by FEMA guidelines. Mr. Green noted that the Village would seek FEMA reimbursement for
overtime payments to exempt employees.
Discussion took place concerning the Fair Labor Standards Act (FLSA) and FEMA reimbursement,
as well as FEMA guidelines regarding disaster - related emergency work. Mr. Rubin advised that an
ordinance allowing for emergency duty compensation must be enacted to prior to incurring the
overtime, as it would otherwise be considered extra compensation, which is prohibited by statute.
Discussion ensued regarding the August 22, 2013 Workshop presentation that gave scenarios for
use of exempt employees in various types of emergencies. Discussion was held concerning the
Village's Emergency Plan and the Emergency Support Functions (ESF) defined in the National
Incident Management System (NIMS).
Thereafter, the motion to adopt Ordinance 2013 -14 on first reading passed unanimously.
REVOCATION OF BUSINESS TAX RECEIPT
A motion was made by Councilman Bush and seconded by President Pro Tem Gebbia to
permanently revoke Business Tax Receipts 914 and 915 issued to Hong Tang Life Therapy Massage
in accordance with Section 17 -30 of the Village Code of Ordinances.
Mr. Green reported that an undercover investigation of Hong Tang Life Therapy Massage
resulted in the arrest of the business owner, Hong Tang. Mr. Green noted that at its last meeting,
the Village Council voted to temporarily suspend the business tax receipts issued to Hong Tang
Life Therapy Massage pending a revocation hearing. Mr. Green advised that notice of the temporary
suspension and the revocation hearing were provided to Hong Tang and on August 30, 2013,
the Village received a letter from Ms. Tang's attorney confirming receipt of the notice and
representing that Ms. Tang would not contest the revocation.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to permanently revoke Business Tax Receipts 914 and 915 issued to Hong
Tang Life Therapy Massage passed unanimously.
Minutes of Village Council Regular Session held September 12, 2013 Page 4 of 5
CONSENT AGENDA APPROVED
President Pro Tern Gebbia moved to approve the consent agenda. Vice Mayor Aubrey seconded the
motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Police and Fire Pension Board meeting held 5/30/13
Receive for file Minutes of the Golf Advisory Board meeting held 7/15/13
Receive for file Minutes of the Waterways Board meeting held 7/23/13
RESOLUTION 2013 -43 — STATE AID TO LIBRARIES GRANT FUNDING APPLICATION
A motion was made by President Pro Tem Gebbia and seconded by Councilman Norris to adopt
Resolution 2013 -43 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.
During discussion, Library Director Betty Sammis confirmed the amount of state aid the Village
will receive in fiscal year 2014 is based on the Library's fiscal year 2012 expenses.
Thereafter, the motion to adopt Resolution 2013 -43 passed unanimously.
RESOLUTION 2013 -44 — STORM DRAINAGE SYSTEM REPAIRS CONTRACT
A motion was made by Councilman Bush and seconded by President Pro Tern Gebbia to adopt
Resolution 2013 -44 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION
CORPORATION TO PROCEED WITH REPAIRS TO THE VILLAGE'S STORM DRAINAGE
SYSTEM BY PIGGYBACKING A CONTRACT WITH PALM BEACH COUNTY FOR
RENTAL OF CREWS WITH EQUIPMENT AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reported on the need to repair a drainage pipe on Cinnamon Road, in addition to the
four other storm pipes that were scheduled for repair in fiscal year 2013. Mr. Green noted
Council approved a budget amendment to fund Lighthouse Drive storm drain repairs using
gas tax reimbursement revenues; however, upon further review, the Lighthouse Drive project has
been removed from the 2013 drainage repair schedule. Mr. Green reported the cost to repair
drains on Kingfish Road, Ibis Way, Castlewood Drive, Hummingbird Way, and Cinnamon Road
would be $74,550. Mr. Green noted the current budget for storm drain repairs is $109,646 and
explained that as of September 30, 2013, all residual funds appropriated for storm drain repairs
in fiscal year 2013 would remain in the Gas Tax Restricted Reserve Account for future use.
Public Works Director Brian Moree explained the postponement of the Lighthouse Drive project.
Finance Director Samia Janjua detailed the previous budget amendment.
Thereafter, the motion to adopt Resolution 2013 -44 passed unanimously.
Minutes of Village Council Regular Session held September 12, 2013 Page 5 of 5
RESOLUTION 2013 -45 — WORKERS COMPENSATION AGREEMENT WITH FMIT
A motion was made by President Pro Tern Gebbia and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -45 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM THE FLORIDA MUNICIPAL
INSURANCE TRUST TO PROVIDE WORKERS' COMPENSATION AND EMPLOYER'S
LIABILITY INSURANCE COVERAGE TO THE VILLAGE AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO SECURE SUCH
COVERAGE; WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES;
APPOINTING THE GEHRING GROUP AS THE VILLAGE'S AGENT OF RECORD FOR
ITS WORKERS' COMPENSATION INSURANCE PLAN AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH THE GEHRING GROUP;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reviewed the quotes received to provide workers' compensation insurance to the Village.
Finance Director Sarnia Janjua stated the cost of coverage is based on the Village's estimated
payroll. Mrs. Janjua explained that at the end of the fiscal year, depending on the actual payroll,
the Village would pay an additional premium or would receive a credit. Kurt Gehring, President,
The Gehring Group, responded to Council questions.
Thereafter, the motion to adopt Resolution 2013 -45 passed unanimously
MAYOR AND COUNCIL MATTERS
Mayor Manuel reminded council members to complete the Village Manager's evaluation and
return it before the next meeting.
Council discussed commemorative medallions for the Grand Opening of Veterans Memorial Park.
A motion was made by President Pro Tern Gebbia, seconded by Vice Mayor Aubrey, and passed
unanimously, to approve the purchase of 200 medallions with funds from Council Contingency.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Green gave an update on Veterans Memorial Park. Community Development Director
Chuck Huff discussed a change order to substitute clay pavers for cement pavers. A motion was
made by President Pro Tern Gebbia, seconded by Councilman Bush, and passed unanimously, to
approve the change order.
Mr. Green discussed a request for uniformity of street signs along U.S. Highway 1 and
Prosperity Farms Road. Public Works Director Brian Moree reported on discussions with FDOT
to allow the Village to replace the current signs with Village street signs.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 9:15 p.m
Melissa Teal, CMC, Village Clerk