Loading...
03-26-2015 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 26, 2015 Present: Robert A. Gebbia, Mayor David B. Norris, Vice Mayor Doug Bush, President Pro Tem. Darryl C. Aubrey, Sc.D., Councilmember Judy M. Pierman, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk R(1T.T. CAT.T. Mayor Aubrey 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 Gebbia gave the invocation and Councilmember Bush led the public in the Pledge of Allegiance. ROVAL OF MINUTES The Minutes of the Regular Session held March 12, 2015 were approved as written. AWARDS AND RECOGNITION Mayor Aubrey announced the Village had received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. On behalf of the Village Council, Mayor Aubrey congratulated Finance Director Samia Janjua for achieving this prestigious award. RESOLUTION 2015 -26 — ACCEPTING ELECTION RESULTS A motion was made by President Pro Tem Norris and seconded by Councilmember Bush to adopt Resolution 2015 -26 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 10, 2015 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -26 passed unanimously. ADMINISTRATION OF COUNCILMEMBER OATHS Village Clerk Melissa Teal administered the Oath of Office to re- elected councilmembers Doug Bush and David B. Norris. Said Oaths are attached to the official Minutes of Record. Minutes of Village Council Regular Session held March 26, 2015 Page 2 of 6 COUNCIL REORGANIZATION Mayor Aubrey stated it was his privilege and pleasure to be Mayor during the past year, noting that his colleagues on the Council are great to work with and Village staff is superior. Mayor Aubrey opened the floor to nominations for the office of Mayor. Darryl Aubrey nominated Robert Gebbia for Mayor. With no other nominations for Mayor, Robert Gebbia was declared Mayor. Robert Gebbia nominated David Norris for Vice Mayor. With no other nominations for Vice Mayor, David Norris was declared Vice Mayor. David Norris nominated Doug Bush for President Pro Tem. With no other nominations for President Pro Tem, Doug Bush was declared President Pro Tem. Thereafter, the names of Robert A. Gebbia, David B. Norris and Doug Bush were entered into Resolution 2015 -27. RESOLUTION 2015 -27 — APPOINTING COUNCIL OFFICERS A motion was made by Vice Mayor Gebbia and seconded by President Pro Tem Norris to adopt Resolution 2015 -27 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -27 passed unanimously. Village Clerk Melissa Teal administered the Oath of Office to Mayor Gebbia, Vice Mayor Norris, and President Pro Tem Bush. Said Oaths are attached to the official Minutes of Record. FIRST READING OF ORDINANCE 2015 -04 — CODE AMENDMENT — PANHANDLING REGULATIONS A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bush to adopt on first reading Ordinance 2015 -04 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 19 -12, "PANHANDLING;" PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF CERTAIN CONDUCT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reviewed the provisions of the ordinance and noted that in response to Council comments at its March 12, 2015 Workshop Session, the reference to "commercial building" in Section 19- 12(c)(2) had been revised to "business establishment open to the public." Thereafter, the motion to adopt Ordinance 2015 -04 on first reading passed unanimously. Minutes of Village Council Regular Session held March 26, 2015 Page 3 of 6 FIRST READING OF ORDINANCE 2015 -05 — CODE AMENDMENT — POLICE AND FIRE \ PENSION PLAN AMENDMENT A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bush to adopt on first reading Ordinance 2015 -05 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 AMEND THE DEFINITION OF EARNINGS TO CAP THE NUMBER OF OVERTIME HOURS FOR FIREFIGHTERS AND AMENDING SECTION 2 -163, "CONTRIBUTIONS," TO INCREASE FIREFIGHTER MEMBER CONTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported that the Police and Fire Retirement Board of Trustees voted to approve the amendment, which limits the amount of overtime pensionable hours per firefighter to 200 hours per fiscal year, and increases the percentage of firefighter member contributions from 2 percent to 5 percent over a two -year period. Mr. Kelly noted the change was included in the 2014 -2016 collective bargaining agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Mr. Kelly referenced receipt of the impact statement prepared by the pension actuary and advised that it is estimated there will be a reduction in the Village's required contribution to the plan. Thereafter, the motion to adopt Ordinance 2015 -05 on first reading passed unanimously. Mr. Kelly introduced Britoni Garson, the Village's new Human Resources Director. FIRST READING OF ORDINANCE 2015 -06 — CHARTER AMENDMENT — CHANGING THE RUN OFF DATE FOR SPECIAL ELECTIONS A motion was made by President Pro Tem Bush and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2015 -06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES," OF ARTICLE III, "LEGISLATIVE," OF THE VILLAGE CHARTER TO CHANGE THE RUNOFF DATE FOR SPECIAL ELECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly noted that Resolution 2015 -25, adopted by Council at its March 12, 2015 Regular Session, established May 12, 2015 as the date of the Special Election to elect a successor to the Group 5 seat for the remainder of Councilman William Manuel's term, which expires in March 2016. Mr. Kelly reported that although Palm Beach County Supervisor of Elections Susan Bucher had agreed to the date for the special election, if a runoff election were necessary, it could not be held sooner than two weeks following the date of the special election. Mr. Kelly advised that Section 100.3605(2), Florida Statutes, provides that the governing body of a municipality may change the date of the election by ordinance. Minutes of Village Council Regular Session held March 26, 2015 Page 4 of 6 FIRST READING OF ORDINANCE 2015 -06 — CHARTER AMENDMENT — CHANGING THE RUN OFF DATE FOR SPECIAL ELECTIONS continued Mr. Rubin confirmed that the Village Charter currently provides for a runoff election to be held one week following a special election. Thereafter, the motion to adopt Ordinance 2015 -06 on first reading passed unanimously. CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the consent agenda. Councilmember Pierman seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the Audit Committee meeting held 11/3/14 Receive for file Minutes of the Waterways Board meeting held 2/17/15 Receive for file Minutes of the Golf Advisory Board meeting held 2/23/15 Receive for file Minutes of the Audit Committee meeting held 3/9/15 Receive for file Minutes of the Recreation Advisory Board meeting held 3/10/15 RESOLUTION 2015 -28 — 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT A motion was made by Councilman Bush and seconded by Vice Mayor Gebbia to adopt Resolution 2015 -28 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2014 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton, Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2014. Chairman Tom Magill presented comments on behalf of the Audit Committee. During discussion of the CAFR, Finance Director Samia Janjua explained the surplus in the General Fund exceeded expectations primarily due to the receipt of building permit fees for the Water Club project, as well as savings in the Public Works Department. Thereafter, the motion to adopt Resolution 2015 -28 passed unanimously. RESOLUTION 2015 -29 — FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION A motion was made by Councilman Bush and seconded by President Pro Tern Norris to adopt Resolution 2015 -29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING VILLAGE ADMINISTRATION TO SUBMIT A GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM FOR THE ANCHORAGE PARK PROJECT AND PROVIDING FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held March 26, 2015 Page 5 of 6 RESOLUTION 2015 -29 — FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION continued Mr. Kelly requested approval to apply for a $200,000 Florida Boating Improvement Program grant through the Florida Fish and Wildlife Conservation Commission. Mr. Kelly stated the grant funds would be used to initiate Phase 2 of the Anchorage Park Master Plan. During discussion, Mr. Kelly clarified that adoption of the resolution gives approval to apply for the grant but does not obligate the Village to accept the funds. Thereafter, the motion to adopt Resolution 2015 -29 passed unanimously. RESOLUTION 2015 -30 — WATERWAYS ASSISTANCE PROGRAM GRANT APPLICATION A motion was made by Councilman Bush and seconded by President Pro Tem Norris to adopt Resolution 2015 -30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM AND PROVIDING FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that the Florida Inland Navigation District (FIND) grant would be used in conjunction with other grants to repair the bulkhead and construct a bike path and other improvements at Anchorage Park. Thereafter, the motion to adopt Resolution 2015 -30 passed unanimously. RESOLUTION 2015 -31 — REPLACEMENT BOAT ENGINES PURCHASE A motion was made by Councilman Bush and seconded by President Pro Tern Norris to adopt Resolution 2015 -31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE EMERGENCY PURCHASE OF TWO SUZUKI OUTBOARD BOAT ENGINES FROM NICK'S CREATIVE MARINE, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $22,500.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; WAIVING THE PURCHASING RULES AND REGULATIONS; DECLARING THE EXISTING ENGINES AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly explained the emergency need to replace the existing engines on the Police Boat. Mr. Kelly detailed the quotes received and recommended waiving the purchasing rules and regulations and proceeding with the purchase. Thereafter, the motion to adopt Resolution 2015 -31 passed unanimously. Minutes of Village Council Regular Session held March 26, 2015 Page 6 of 6 VILLAGE COUNCIL MATTERS /REPORTS Councilmember Pierman requested that the Council send a congratulatory letter to Jack Nicklaus in recognition of his receipt of the Congressional Gold Medal. By consensus, Council approved the request. Mayor Gebbia reported on the recent Palm Beach County League of Cities meeting. Mayor Gebbia thanked Recreation, Police, and Fire Rescue for their assistance with the Support Our Troops 5K/IOK/Kid's Run. VILLAGE MANAGER MATTERS /REPORTS Parks and Recreation Director Mark Hodgkins reported on plans for the Heritage Festival. Mr. Kelly noted the Village received letters from Palm Beach County and the City of Palm Beach Gardens objecting to proposed changes in the Northlake Boulevard Overlay Zoning (NBOZ) signage regulations. Vice Mayor Norris related that the issue was brought to the Northlake Boulevard Task Force because manufacturers are requiring car dealerships to have signage for each brand; however, NBOZ regulations limit the number of wall signs allowed. Council expressed opposition to any major changes in the NBOZ regulations and by consensus, directed Mr. Kelly to have staff prepare a letter in response to the proposed changes. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:38 p.m. Melissa Teal, CMC, Village Clerk OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Doug Bush, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilmember on which I am now about to enter, so help me God. Sworn to and subscribed before me this 26th day of March, 2015, by Doug Bush, who is personally known to me. Melissa A. Teal tvtsussa a r Notary Public — State of Florida %TAY P 9 I Notary Public • State pt Florida My Commission Expires July 13, 2017 My Comm. Expires Jul 13, 2ot7 Commission #FF 015484 Commission # FF 0 ?3484 �'' %„ etto`;r Bonded Through ttalionAl t9tAty Assn. OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, David B. Norris, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold, office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilmember on which I am now about to enter, so help me G(4 Sworn to and subscribed before me this 26th day of March, 2015, by David . Norris, who is personally known to me. Melissa A. Teal Notary Public — State of Florida My Commission Expires July 13, 2017 MEUSSA A. TEAL Commission #FF 015484 Notary Public -State of Honda " My Comm. Exoires du! 13 2017 Commission # FF 015484 WWI Through NO" Notary Aria,. OATH OF OFFICE State of Florida ) County of Palm Beach ) Village of North Palm Beach ) ;&I I, Robert A. Gebbia, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein, so help me God. Subscribed and sworn to before me this 26th day of March, 2015, by Robert A. Gebbia, who is personally known to me. ••� LY p aiy� MELISSA A. TEAL /i/%Qi WWy pme - State of Florida —� _. ; : • My Comm. Expires Jul 13, 2017 Melissa A. Teal s;� • o�c` Commission N FF 015464 Notary Public — State of Florida My Commission Expires July 13, 2017 Commission #FF 015484 OATH OF OFFICE State of Florida ) County of Palm Beach ) Village of North Palm Beach ) ss. I, David B. Norris, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein, so help me God. Subscribed and sworn to before me this 26th day of March, 2015, by David B. Norris, who is personally known to me. MELISSA A TEAL •. Notary Public • State of Florida My Comm. Expires Jul 13, 2017 44 o�F�0'� °ommission # FF 015484 Bonded Through National Notary Assn, Melissa A. Teal Notary Public — State of Florida My Commission Expires July 13, 2017 Commission #FF 015484 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Doug Bush, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein, so help me God. Subscribed and sworn to before me this 26th day of March, 2015, by Doug Bush, who is personally known to me. MEIASA A. Melissa A. Teal Notary Pu6uc • B Notary Public —State of Florida • ; : • "e My Comm. Expires M Commission Expires Jul 13 2017 "o`r' Commission # Jul Y 1� Y �'' %�� �'� Bonded Throuph Natio Commission #FF 015484