11-14-2013 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 14, 2013
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
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
The invocation was given by Mayor Manuel. President Pro Tem Gebbia led the public in the
Pledge of Allegiance.
APPROVAL OF MINUTES
The Minutes of the Regular Session held October 24, 2013 were approved as written.
STATEMENTS FROM THE PUBLIC
Audit Committee applicant Christian D. Searcy, Jr. was present for an interview with the Council.
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 items were approved:
Receive for file Minutes of the Planning Commission meeting held 10/01/13
Receive for file Minutes of the Waterways Board meeting held 10/22/13
Recommendation: "make a non - boating area at Lakeside Park and buoy it accordingly."
Waterways Board member Jerry Sullivan explained the recommendation of the Board. This
item will be placed on an upcoming Workshop Session agenda for further discussion.
RESOLUTION 2013 -56 — APPOINTING A MEMBER TO THE AUDIT COMMITTEE
A motion was made by President Pro Tem Gebbia and seconded by Councilman Bush to adopt
Resolution 2013 -56 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING ONE NEW MEMBER TO THE AUDIT COMMITTEE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Norris declared a voting conflict. Thereafter, the motion to adopt Resolution 2013 -56
passed with Mayor Manuel, Vice Mayor Aubrey, President Pro Tem Gebbia, and Councilman
Bush voting aye.
Minutes of Village Council Regular Session held November 14, 2013 Page 2 of 6
RESOLUTION 2013 -57 — FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT WITH VERIZON
A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Gebbia to adopt
Resolution 2013 -57 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS SITE
LEASE AGREEMENT WITH VERIZON WIRELESS PERSONAL COMMUNICATIONS, L.P.
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reported a request from Craig and Associates to expand the premises included in the
Village's Communications Site Lease Agreement with Primeco Personal Communications n/k/a
Verizon Wireless Personal Communications LP to accommodate the installation of a diesel generator
and fuel tank, together with a five -foot wide utility easement across the Community Center
parking lot, in exchange for a $500 increase in the monthly rent.
Discussion ensued on paragraph 4 of the lease agreement regarding the first payment date for the
increased rent. Tara Shapiro of Craig and Associates, representing Verizon, stated the agreement
provides that Verizon send the increased rental payment 30 days after the rent increase
commencement date, which is the date a permit is obtained. Ms. Shapiro confirmed that the
increased rental payment becomes part of the base monthly payment thereafter.
Discussion ensued on paragraph 5 of the lease agreement regarding Village approval of any
transfer or assignment of the lease and the provision that "No change of stock ownership,
partnership interest or control of Lessee or transfer upon partnership or corporate dissolution of
Lessee shall constitute an assignment under the Lease." Ms. Shapiro stated this provision would
apply only to affiliates, subsidiaries, of its principal. Council felt this provision was inconsistent
with the intent of paragraph 5. Ms. Shapiro advised that any revision to the proposed agreement
would require Verizon approval.
Discussion took place regarding noise levels of the generator, operation and testing.
President Pro Tem Gebbia moved to amend by approving the lease agreement with the exception
of striking the sentence beginning with "No change of stock ownership ..." in paragraph 5. The
motion to amend was seconded by Councilman Bush and passed unanimously.
Thereafter, the motion to adopt Resolution 2013 -57, as amended, passed unanimously.
RESOLUTION 2013 -58 — BUDGET AMENDMENT — GENERAL FUND FIVE -YEAR
CAPITAL IMPROVEMENT PLAN
A motion was made by Councilman Bush and seconded by Councilman Norris to adopt
Resolution 2013 -58 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR
FISCAL YEAR 2012 -2013 TO TRANSFER SAVINGS FROM VARIOUS GENERAL FUND
ACCOUNTS TO THE CAPITAL PROJECTS RESERVE ACCOUNT TO FUND THE FIVE-
YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held November 14, 2013 Page 3 of 6
RESOLUTION 2013 -58 — BUDGET AMENDMENT — GENERAL FUND FIVE -YEAR
CAPITAL IMPROVEMENT PLAN continued
i Mr. Green reviewed the transfer of $265,000 in FY 2013 General Fund savings to the Capital
/ Projects Fund to continue funding the Five -Year Capital Improvement Plan (CIP).
Finance Director Sarnia Janjua clarified that the amount of budgetary savings being transferred
to the Capital Projects Fund is in addition to the monies that were transferred into the Fund for
Future Tax Relief.
Thereafter, the motion to adopt Resolution 2013 -58 passed unanimously.
RESOLUTION 2013 -59 — PUBLIC WORKS SPECIALTY VEHICLES PURCHASE
A motion was made by Councilman Bush and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -59 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING THE PURCHASE OF ONE 2014 FORD E350 UTILITY VAN AND
ONE 2014 FORD F250 PICK UP TRUCK FROM MIKE DAVIDSON FORD BY PIGGYBACKING
CITY OF TALLAHASSEE CONTRACT NUMBER 2518 AND APPROVING THE PURCHASE
OF AFTER - MARKET COMPONENTS FROM LOCAL VENDORS; AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL
PROJECTS FUND BUDGET TO TRANSFER $55,048.00 FROM THE CAPITAL RESERVE
ACCOUNT TO THE FACILITY SERVICES AUTOMOTIVE AND STREETS AND
GROUNDS AUTOMOTIVE CAPITAL ACCOUNTS; DECLARING TWO EXISTING
VEHICLES AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed the vehicles and aftermarket components to be purchased and the vehicles
being surplused.
Discussion took place regarding the City of Tallahassee contract being piggybacked. Mr. Green
distributed a document entitled "Cooperative Procurement — Piggybacking" which included
prices obtained from three vendors in addition to Mike Davidson Ford. Public Works Director
Brian Moree addressed procurement research capabilities.
Thereafter, the motion to adopt Resolution 2013 -59 passed unanimously.
RESOLUTION 2013 -60 — PUBLIC WORKS SKID STEER EQUIPMENT PURCHASE
A motion was made by Councilman Bush, seconded by Vice Mayor Aubrey, and passed
unanimously to adopt Resolution 2013 -60 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE
BOBCAT SKID STEER LOADER FOR USE BY THE PUBLIC WORKS DEPARTMENT
PURSUANT TO THE FLORIDA ASSOCIATION OF SHERIFF'S CONTRACT FOR OFF -
ROAD UTILITIES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER
r $33,761.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE STREETS AND
GROUNDS MACHINERY AND EQUIPMENT ACCOUNT TO FUND THE PURCHASE;
DECLARING THE EXISTING CASE TRACTOR AS SURPLUS PROPERTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held November 14, 2013 Page 4 of 6
RESOLUTION 2013 -61 — DISPOSAL OF SURPLUS MILITARY FIVE -TON TRUCK
A motion was made by Vice Mayor Aubrey and seconded by Councilman Norris to adopt
j Resolution 2013 -61 entitled:
i A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, DECLARING ONE FIVE TON MILITARY TRUCK AS SURPLUS
PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Green reported the vehicle was obtained by a former Police Chief in support of the SWAT
unit in place at that time; however, the SWAT unit no longer exists. Further, Mr. Green advised
that other Public Works vehicles requiring less frequent maintenance could be used to perform
evacuation or rescue duties in flood condition.
Brief discussion ensued regarding auction value of the vehicle.
Thereafter, the motion to adopt Resolution 2013 -61 passed unanimously.
RESOLUTION 2013 -62 — VILLAGE PURCHASING POLICY REVISIONS
A motion was made by President Pro Tern Gebbia and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REVISING THE VILLAGE'S PURCHASING PROCEDURES AS SET
FORTH IN THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES MANUAL
FOR INTERNAL CONTROLS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Finance Director Sarnia Janjua reviewed recommended changes to the purchasing policy. Mrs. Janjua
explained procedures for use of departmental credit cards. Mrs. Janjua addressed current
practices regarding exemptions and clarified that blanket purchase orders for recurring items are
limited to $10,000; consequently, total yearly purchases over $10,000 from a single vendor must
still be brought to Council for approval.
It was suggested that the Audit Committee be given an opportunity to review the new policy.
Thereafter, the motion to adopt Resolution 2013 -62 passed unanimously.
RESOLUTION 2013 -63 — EMPLOYEE HOLIDAY GIFT PACKAGES
A motion was made by Councilman Bush and seconded by President Pro Tern Gebbia to adopt
Resolution 2013 -63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE PURCHASE AND DISTRIBUTION OF
HOLIDAY GIFT PACKAGES TO VILLAGE EMPLOYEES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Green reviewed the cost of the holiday gift packages for employee. Discussion ensued
regarding the items to be included. Council consensus was that these be food items only.
Thereafter, the motion to adopt Resolution 2013 -63 passed unanimously.
Minutes of Village Council Regular Session held November 14, 2013 Page 5 of 6
RESOLUTION 2013 -64 — PURCHASE OF BENCHES FOR VETERANS MEMORIAL PARK
A motion was made by President Pro Tem Gebbia and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -64 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF SEVEN ADDITIONAL
BENCHES FOR VETERANS MEMORIAL PARK FROM REP SERVICES, INC.; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reported that the purchase is being processed as a sole source purchase to ensure the
new benches are an exact match with the existing benches. Mr. Green advised that funds from
the Veterans Memorial Park Donation Expense Account would be used for this expenditure.
Thereafter, the motion to adopt Resolution 2013 -64 passed unanimously.
RESOLUTION 2013 -65 — ELECTIONS SERVICES AGREEMENT
A motion was made by Vice Mayor Aubrey and seconded President Pro Tem Gebbia by to adopt
Resolution 2013 -65 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mrs. Teal explained the changes to the previous agreement.
Thereafter, the motion to adopt Resolution 2013 -65 passed unanimously.
MAYOR AND COUNCIL MATTERS /REPORTS
President Pro Tem Gebbia reported on the draft Lake Worth Lagoon Management Plan.
President Pro Tem Gebbia announced the holiday shipment to the troops would be packed by
Support Our Troops volunteers on November 16, 2013 at the Knights of Columbus Hall in Palm
Beach Gardens.
The Council commended staff for their efforts in ensuring a successful Veterans Day event at the
new Veterans Memorial Park.
Mayor Manuel announced the Holiday Tree Lighting Ceremony at Veterans Memorial Park on
December 4, 2013.
Mayor Manuel reminded Council of the Tri- Cities Barbeque on December 6, 2013 and
announced the Holiday Boat Parade on December 7, 2013.
VILLAGE MANAGER MATTERS /REPORTS
Village Marketing Research Consultant Erin Carpenter reported on the status of the focus group
and market research project.
Mr. Green reviewed the insurance claims experience report.
Minutes of Village Council Regular Session held November 14, 2013 Page 6 of 6
VILLAGE MANAGER MATTERS /REPORTS continued
Public Works Director Brian Moree discussed proposed changes to the sanitation collection
\ schedule. Further discussion will be held on this item at an upcoming Workshop Session.
Mr. Green reported on a meeting with Kemper Sports regarding the North Palm Beach Country Club
and restaurant. A Special Workshop on this matter will be scheduled after the first of the year.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 9:40 p.m.
Melissa Teal, CMC, Village Clerk
� a
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 the Village of North Palm Beach
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
501 U.S. Highway 1
WHICH I SERVE IS A UNIT OF:
I7 CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
North Palm Beach Palm Beach
Village of North Palm Beach
DATE ON WHICH VOTE OCCURRED
November 14, 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 8B - 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
David B. Norris hereby disclose that on November 14 20 13
(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 by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Fi ed ig re
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 All
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2