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09-25-2014 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA 1 SEPTEMBER 25, 2014 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, President Pro Tern Doug Bush, Councilman Jim Kelly, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Absent: William Manuel, Councilman ROLL CALL Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present, except Councilman Manuel, who was absent due to illness. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Gebbia gave the invocation and Councilman Bush led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held September 11, 2014 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 Gebbia and seconded by President Pro Tern Norris to adopt and enact on second reading Ordinance 2014 -08 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, 2014 AND ENDING SEPTEMBER 30,2015; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by President Pro Tern Norris and seconded by Councilman Bush to adopt and enact on second reading Ordinance 2014 -09 entitled: [continued on next page] Minutes of Village Council Regular Session held September 25, 2014 Page 2 of 7 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued 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, 2014 AND ENDING SEPTEMBER 30, 2015 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; AMENDING SECTION 14 -30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," SECTION 6 -111, "GENERAL PROVISIONS," SECTION 21 -1, "SAME — FILING FEES AND COSTS FOR CHANGES," SECTION 45 -35.1, "PLANNED UNIT DEVELOPMENT," SECTION 45 -49, "APPLICATIONS FOR REZONING, ETC.," AND SECTION 45 -50, "APPLICATION FOR VARIANCES," OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF VARIOUS SANITATION AND PLANNING AND ZONING FEES IN THE MASTER FEE SCHEDULE; PROVIDING FOR LIMITED CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly stated the proposed ordinances establish and adopt the Village's Fiscal Year 2014 -2015 budget and set its annual millage rate at 7.3300 mils, which is 11.78% above the Fiscal Year 2014 -2015 rolled back rate of 6.5574 mils. Mr. Kelly advised that this year's Budget ordinance provides for an appropriation of two - tenths of a mil for a total of $305,746 to be transferred to the Capital Projects Fund to finance the General Fund's Capital Improvement Plan. Mr. Kelly noted the ordinance also modifies the Village Code to delete references to various sanitation, planning, and zoning fees, which are now incorporated into the Master Fee Schedule adopted as part of the budget. Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. John Brooks, 917 Evergreen Road, noted an increase of more than 6% in spending for next year and stated if it continued the budget would double in 10 -11 years. Mr. Brooks commented that employee wages and benefits are driving budget increases in many cities and wondered if it was driving this increase. Mr. Brooks questioned an increase when the Village has $11 million in reserves. There being no further comments from the public, Mayor Aubrey closed the public hearing. Council discussed the budget and millage rate and noted minimal changes in the millage rate from 2006 -2014. The Council advised that maintaining and upgrading Village infrastructure and continuing to provide the services and quality of life that residents expect required an increase in the millage rate this year. A millage rate of 7.3300 mils was approved with all present voting aye. Mayor Aubrey announced that the rolled back rate is 6.5574 mils, the percentage increase over the rolled back rate is 11.78 %, and the millage rate to be levied is 7.3300 mils. The motion to adopt and enact Ordinance 2014 -08 on second reading passed 4 -0. The motion to adopt and enact Ordinance 2014 -09 on second reading passed 4 -0. Minutes of Village Council Regular Session held September 25, 2014 Page 3 of 7 SECOND READING AND ENACTMENT OF ORDINANCE 2014 -10 — BUDGET AMENDMENT APPROPRIATING FUNDS FOR THE CAPITAL IMPROVEMENT PLAN A motion was made by President Pro Tern Norris and seconded by Vice Mayor Gebbia to adopt and enact on second reading Ordinance 2014 -10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2014 -2015 TO APPROPRIATE $1,643,500 FROM THE UNASSIGNED FUND BALANCE TO FUND THE GENERAL FUND'S FIVE YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that because the appropriation of reserves increases the total amount of the General Fund budget, the budget amendment must be adopted by Ordinance. Mayor Aubrey opened the public hearing. Tom Magill, 119 Atlantic Road, noted that these funds were not reflected in the budget that was just adopted, but come in as revenue and are expended when Council authorizes the capital projects for which the funds were allocated, and if spent, would add almost $2 million to total expenditures compared to normal years. Mr. Magill commented on spending more than in previous years, adding expenditures at the time of a tax increase, and understanding the distinction between needs and wants. There being no further comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2014 -10 on second reading passed 4 -0. SECOND READING AND ENACTMENT OF ORDINANCE 2014 -11 — POLICE AND FIRE PENSION PLAN AMENDMENT A motion was made by Vice Mayor Gebbia and seconded by Councilman Bush to adopt and enact on second reading Ordinance 2014 -11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2 -159, "CREATION OF TRUST AND DEFINITIONS," TO LIMIT OVERTIME FOR POLICE OFFICER MEMBERS, SECTION 2 -161, `BENEFIT AMOUNTS," TO CLARIFY THE NORMAL RETIREMENT BENEFIT AND SECTION 2 -163, "CONTRIBUTIONS," TO INCREASE POLICE OFFICER MEMBER CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly detailed the amendments and reported the pension actuary estimated a.39% reduction ($9,233) in the Village's required contributions to the Plan for the fiscal year ending September 30, 2014. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt Ordinance 2014 -11 on second reading passed with all present voting aye. Minutes of Village Council Regular Session held September 25, 2014 Page 4 of 7 CONSENT AGENDA APPROVED Councilman Bush moved to approve the consent agenda. President Pro Tern Norris seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the General Employees Pension Board meeting held 8/6/14 Receive for file Minutes of the Recreation Advisory Board meeting held 8/12/14 Receive for file Minutes of the Golf Advisory Board meeting held 8/18/14 Receive for file Minutes of the Library Advisory Board meeting held 8/26/14 Receive for file Minutes of the Recreation Advisory Board meeting held 9/9/14 RESOLUTION — HOT STIX GOLF LICENSE AGREEMENT — TABLED A motion was made by President Pro Tern Norris, seconded by Vice Mayor Gebbia, and passed 4 -0, to remove from the table a proposed resolution approving a license agreement with Almendral Capital Partners LLC d /b /a Hot Stix Golf to provide custom golf club fitting services and sales at the Country Club Driving Range and authorizing execution of the agreement. Mr. Kelly reported that the agreement was still being negotiated with Hot Stix Golf. Thereafter, a motion was made by Councilman Bush and seconded by Vice Mayor Gebbia, to table the proposed resolution. The motion passed with all present voting aye. RESOLUTION 2014 -62 — INTERLOCAL AGREEMENT FOR TALK GROUPS ACCESS A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -62 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR ACCESS TO COMMON TALK GROUPS; FORMALLY REQUESTING TERMINATION OF THE DIRECT CONNECT AND RADIO MAINTENANCE INTERLOCAL AGREEMENTS AND WAIVER OF EARLY TERMINATION PROVISIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that the transition of CAD, Dispatch, and 911 functions from the North Palm Beach Police Department to the North County Dispatch Center would require the Village to become part of the Municipal Public Safety Communications Consortium of Palm Beach County for interoperable radio communications. Mr. Kelly reported that Palm Beach County had requested that the Village Council formally terminate both the Direct Connect and the Radio Maintenance Interlocal Agreements and request a waiver of the early termination provisions. Mr. Kelly stated that as a result of such termination, the Village must enter into a new Interlocal Agreement with Palm Beach County to provide access to common talk groups in order to ensure continued interoperability with public safety and law enforcement agencies. Thereafter, the motion to adopt Resolution 2014 -62 passed; all present voted aye. Minutes of Village Council Regular Session held September 25, 2014 Page 5 of 7 RESOLUTION 2014 -63 — INTERLOCAL AGREEMENT FOR RADIO COMMUNICATIONS A motion was made by President Pro Tern Norris and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY FOR INTEROPERABLE RADIO COMMUNICATIONS AND AUTHORIZING THE EXPENDITURE OF $15,563.09 FOR THE VILLAGE'S PROPORTIONATE SHARE OF THE INFRASTRUCTURE COSTS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported the North County Dispatch Center uses the communications backbone infrastructure of the Municipal Public Safety Communications Consortium (MPSCC) to provide interoperable radio communications between municipal and other police agencies. Mr. Kelly stated the Interlocal Agreement would allow the Village to utilize MPSCC infrastructure for its police radio communications. Mr. Kelly advised that the Village must pay the MPSCC an annual proportionate share (based on the number of radios) for the operation and maintenance of the radio system. Mr. Kelly stated the cost to the Village is $15,563.09 for fiscal year 2015. Thereafter, the motion to adopt Resolution 2014 -63 passed; all present voted aye. RESOLUTION 2014 -64 — CAD SOFTWARE AND LICENSES PURCHASE A motion was made by President Pro Tern Norris and seconded by Councilman Bush to adopt Resolution 2014 -64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF CAD, RECORDS MANAGEMENT AND MOBILE COMPUTING LICENSES AND SOFTWARE REQUIRED FOR REGIONAL DISPATCH FROM SUNGARD PUBLIC SECTOR, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $87,214.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE — COMPUTER HARDWARE AND SOFTWARE CAPITAL ACCOUNT TO FUND THE PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that due to the transition to the North County Dispatch Center, the Village must purchase licenses for CAD, records management, and mobile computing licenses and software from SunGard Public Sector Inc. as this is the software system utilized by the City of Palm Beach Gardens. Discussion ensued regarding maintenance costs, as well as operational and capital savings. Mr. Kelly stated software maintenance costs are approximately $7,000. Mr. Kelly reported operational savings of $243,000 this year due to the reduction of seven employees. Mr. Kelly advised that the current system needed replacement and would have cost $500,000. Mr. Kelly detailed advantages of the new software and projected total savings of $1.5 million over the next five years. Thereafter, the motion to adopt Resolution 2014 -64 passed with all present voting aye. Minutes of Village Council Regular Session held September 25, 2014 Page 6 of 7 RESOLUTION 2014 -65 — PLANNING CONSULTANT SERVICES CONTRACT A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -65 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY CALVIN, GIORDANO &ASSOCIATES, INC. FOR PLANNING CONSULTANT SERVICES FOR PREPARATION OF A UNIFED LAND DEVELOPMENT CODE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Village Planner Jodi Nentwick explained the process to be used and items to be considered. Mr. Rubin stated the contract term is one year. Senior Vice President Shelley Eichner of Calvin, Giordano & Associates, Inc. addressed the Council regarding the contract. Thereafter, the motion to adopt Resolution 2014 -65 passed with all present voting aye. RESOLUTION 2014 -66 — VILLAGE WEBSITE REDESIGN CONTRACT A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -66 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO ICON ENTERPRISES, INC. D /B /A CIVICPLUS FOR REDESIGN OF THE VILLAGE WEBSITE BY PIGGYBACKING A GSA CONTRACT FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly noted that during the fiscal year 2015 budgetary process, funds were allocated to redesign the Village website. Mr. Kelly reported that the Information Technology Department recommended contracting with CivicPlus at a total cost of $36,445.18 for implementation and design. Information Technology Director Michael Applegate detailed items included in the annual software support contract. Thereafter, the motion to adopt Resolution 2014 -66 passed with all present voting aye. RESOLUTION 2014 -67 — BLANKET PURCHASE ORDERS FOR LIBRARY BOOKS AND AUDIO VISUAL MATERIALS A motion was made by President Pro Tern Norris and seconded by Councilman Bush to adopt Resolution 2014 -67 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING BLANKET PURCHASE ORDERS WITH BAKER AND TAYLOR, INC. IN AN AMOUNT NOT TO EXCEED $22,000 AND MIDWEST TAPE, LLC IN AN AMOUNT NOT TO EXCEED $22,000 FOR VILLAGE LIBRARY BOOKS AND AUDIO VISUAL MATERIALS PURSUANT TO PRICING ESTABLISHED BY STATE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held September 25, 2014 Page 7 of 7 RESOLUTION_ 2014 -67 — BLANKET PURCHASE ORDERS FOR LIBRARY BOOKS AND AUDIO VISUAL MATERIALS continued Mr. Kelly reviewed the purchase orders, which require Council approval as they exceed the $10,000 threshold established by Village Purchasing Policies and Procedures. Thereafter, the motion to adopt Resolution 2014 -67 passed with all present voting aye. RESOLUTION 2014 -68 — BLANKET PURCHASE ORDER FOR POOL CHEMICALS A motion was made by Vice Mayor Gebbia and seconded by Councilman Bush to adopt Resolution 2014 -68 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER WITH COMMERCIAL ENERGY SPECIALISTS INC. IN AN AMOUNT NOT TO EXCEED $18,500.00 FOR POOL CHEMICALS UTILIZED BY THE PARKS AND RECREATION DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly described the challenges in obtaining delivery of chemicals for the Village pool due to the limited volume of the holding tanks. Mr. Kelly noted that installation of larger tanks is not possible with the current pool room configuration. Mr. Kelly advised that the current supplier, Commercial Energy Specialists Inc., had not increased prices and continued to be the best option. Thereafter, the motion to adopt Resolution 2014 -68 passed unanimously. MAYOR AND COUNCIL MATTERS Councilman Bush reported on the success of the informal meeting he and Mr. Kelly recently held with Village residents in order to discuss the proposed budget and tax increase. VILLAGE MANAGER MATTERS /REPORTS In addition to suspending the November 27, 2014 and December 24, 2014 Council meetings due to the holidays, Mr. Kelly proposed cancelling the 7/9/15 Council meeting since the Council conducts budget workshop meetings during the month of July. It was noted that a Special Meeting could be called, if Council action on an issue was required. This item will be placed on the October 9, 2014 consent agenda for approval. Mr. Kelly announced the Touch -a -Truck and Fire Safety Fair event at Anchorage Park on October 4, 2014. Mr. Kelly discussed the placement of a torpedo at Veterans Park and expressed concern that it could be an attractive nuisance. Council consensus was for Mr. Kelly to contact the proponents of the plan and discuss the issues involved. Mr. Kelly reported on meeting with a fact - finding committee of 17 residents to discuss suggestions for a new Country Club clubhouse. Mr. Kelly will provide a summary to Council. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:54 p.m. Melissa Teal, CMC, Village Clerk