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09-26-2013 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 26, 2013 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 President'Pro Tern Gebbia gave invocation. Mayor Manuel led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held September 12, 2013 were approved as written. PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Vice Mayor Aubrey and seconded by President Pro Tern Gebbia to adopt and enact on second 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. A motion was made by Councilman Norris and seconded by Vice Mayor Aubrey to adopt and enact on second 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. Minutes of Village Council Regular Session held September 26, 2013 Page 2 of 4 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued K \ i Mr. Green stated the proposed ordinances establish and adopt the Village's Fiscal Year 2013 -2014 budget and set its annual millage rate at 6.8731 mils, which is 1.02% above the rolled back rate of 6.8034 mils. 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. 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. The motion to adopt and enact Ordinance 2012 on second reading passed unanimously. The motion to adopt and enact Ordinance 2013 -13 on second reading passed unanimously. SECOND READING OF ORDINANCE 2013 -14 — EXEMPT EMPLOYEE EMERGENCY DUTY COMPENSATION A motion was made by President Pro Tern Gebbia and seconded by Councilman Bush to adopt and enact on second 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 stated the proposed ordinance would amend the Village pay plan to allow exempt employees to receive overtime for certain types of disaster - related emergency work authorized by current FEMA guidelines. Mr. Green noted that overtime hours would be paid at a straight hourly rate and would only apply to those disaster related hours over and above the standard forty -hour work week as defined by the U.S. Department of Labor Fair Labor Standards Act. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2013 -14 on second reading passed unanimously. CONSENT AGENDA APPROVED Councilman Norris moved to approve the consent agenda. President Pro Tern Gebbia seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the Golf Advisory Board meeting held 6/17/13 Receive for file Minutes of the Golf Advisory Board meeting held 8/19/13 Receive for file Minutes of the Library Advisory Board meeting held 8/27/13 Receive for file Minutes of the Recreation Advisory Board meeting held 9/10/13 Minutes of Village Council Regular Session held September 26, 2013 Page 3 of 4 RESOLUTION 2013 -46 — HURRICANE /DISASTER DEBRIS REMOVAL CONTRACT A motion was made by Vice Mayor Aubrey and seconded by President Pro Tern Gebbia to adopt Resolution 2013 -46 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PHILLIPS AND JORDAN, INC. FOR HURRICANE /DISASTER DEBRIS REMOVAL WITHIN THE VILLAGE BY PIGGY BACKING AN EXISTING AGREEMENT BETWEEN PHILLIPS AND JORDAN, INC. AND THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reported that the Solid Waste Authority (SWA) recently awarded Phillips & Jordan, Inc. a new three -year agreement for debris removal services. Mr. Green recommended approval of an agreement with Phillips & Jordan, Inc. to provide hurricane /disaster debris removal, reduction and disposal services in the Village by piggybacking the SWA agreement. Discussion ensued regarding the firm's ability to provide services to multiple municipalities during a disaster. Discussion took place concerning the issuance of a Notice to Proceed. Thereafter, the motion to adopt Resolution 2013 -46 passed unanimously. RESOLUTION 2013 -47 — DECLARING BUILDING DEPARTMENT VEHICLE AS SURPLUS A motion was made by Councilman Norris and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -47 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DECLARING ONE BUILDING DEPARTMENT PICK UP TRUCK AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green discussed the need to replace a 2009 Chevrolet Colorado pickup truck and recommended that Council declare the vehicle as surplus property and authorize its disposal. Public Works Director Brian Moree discussed the vehicle's replacement value and disposition. Finance Director Sarnia Janjua explained the need to surplus the vehicle now, as it will not be in service at year -end on September 30, 2013. Thereafter, the motion to adopt Resolution 2013 -47 passed unanimously. MAYOR AND COUNCIL MATTERS President Pro Tern Gebbia gave an update on the Turtle Cove issue. Mayor Manuel suggested the Council discuss the matter further during an upcoming Workshop Session. Mayor Manuel reviewed the recent Palm Beach County League of Cities meeting and distributed the League's legal report. VILLAGE MANAGER MATTERS /REPORTS Mr. Green gave status updates on the condition of the Police Department Dodge Durango and the Marine Patrol boat. Minutes of Village Council Regular Session held September 26, 2013 Page 4 of 4 VILLAGE MANAGER MATTERS /REPORTS continued Mr. Green discussed the status of union negotiations. The Council expressed interest in holding l an Executive Session regarding union negotiations. Mr. Green reported on plans for Veterans Day. Village Planner Jodi Nentwick and Finance Director Sarnia Janjua discussed Changer Order No. 10 for the Veterans Memorial Park project. A motion was made by President Pro Tem Gebbia to amend Change Order No. 10 by increasing the amount of the change order to $19,856.01. The motion was seconded by Councilman Bush and passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:03 p.m. Melissa Teal, CMC, Village Clerk