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11-13-2008 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • NOVEMBER 13, 2008 Present: William Manuel, Mayor David B. Norris, Vice Mayor Darryl Aubrey, Sc.D., President Pm Tem Edwazd M. Eissey, Ph.D., Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present. All members ofstaffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Norris gave the invocation and Councilman Eissey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mr. Knight presented Finance Director Sarnia Janjua with a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA.) Mr. Knight presented Council with the GFOA plaque, which recognizes the Village for excellence in financial reporting for the Comprehensive Annual Financial Report. APPROVAL OF MINUTES Councilman Hernacki moved to amend the minutes of the Regulaz Session held 10/23/08 by inserting the phrase "the audience was invited to participate in the discussion" in brackets at the end of ¶4 on the last page, under Manager Matters. President Pro Tem Aubrey seconded the motion, which passed unanimously. Thereafter, the minutes were approved as amended. STATEMENTS FROM THE PUBLIC Jane Eckler addressed the Council concerning numerous police calls to a neighboring residence on Lorraine Court. It was requested that Mr. Knight meet with Interim Police Chief George Warren to see what can be done about this situation. Support Our Troops volunteer Kim Pollard gave an update on the progress of the Village's program since the adoption of military unit HHC, 2-27 Inf., 3rd BDE, 25 ID in November 2006. Mrs. Pollazd reported that the Village and volunteers have collected over $33,000 to defray the • cost of shipping more than 8.5 tons of donations to 1,000 deployed soldiers in Iraq and Afghanistan. Mrs. Pollard acknowledged former councilman Charles O'Meilia for presenting the idea to adopt a military unit to the Village Council. Minutes of Village Council Regular Session held 11/13/2008 Page 2 of 7 SECOND READING AND ENACTMENT OF ORDINANCE 2008-17 -CODE AMENDMENT - INVESTMENTPOLICY • Councilman Eissey moved that Ordinance 2008-17 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-4, "INVESTMENT POLICY OF THE VILLAGE," TO UPDATE THE LIST OF VILLAGE FUNDS, ESTABLISH A MINIMUM STANDARD FOR LOCAL LIQUIDITY, INCORPORATE NATIONAL BENCHMARKS TO ASSIST IN PORTFOLIO EVALUATION, ESTABLISH PRE-QUALIFICATION PARAMETERS FOR SPECIFIC TYPES OF INSTITUTIONS, REVISE THE PORTFOLIO COMPOSITION, REMOVE THE ABILITY TO RECEIVE BANK TRUST RECEIPTS IN RETURN FOR INVESTMENT OF SURPLUS FUNDS IN SECURITIES, AND PROVIDE FOR QUARTERLY REPORTING; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. President Pro Tem Aubrey seconded the motion. Mr. Knight noted minor typographical corrections to the ordinance. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public heazing. President Pro Tem Aubrey moved to amend ¶2 in subsection (t) to read "Nothing set forth herein shall preclude the Village from utilizing a Chartered Financial Analyst or any other individual or agency subject to formal oversight by the United States Securities and Exchange Commission to invest funds on behalf of the Village in accordance with the mandates of pazagraph (h) of this investment policy." Vice Mayor Norris seconded the motion to amend, which passed unanimously. Thereafter, the motion to adopt and enact Ordinance 2008-17 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2008-18 -CODE AMENDMENT - POLICE AND FIRE PENSION FUND Councilman Eissey moved that Ordinance 2008-18 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," SECTION 2-159, "DEFINITIONS," SECTION 2- 160, "MEMBERSHIP," SECTION 2-161, "BENEFIT AMOUNTS," AND SECTION 2-162, "OPTIONAL FORMS OF BENEFITS," TO AMEND THE NORMAL RETIREMENT AGE AND THE CALCULATION OF ACCRUED BENEFITS, TO PROVIDE FOR IMMEDIATE MEMBERSHIP IN THE PLAN, AND TO ELIMINATE LUMP SUM DISTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR • CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. President Pro Tem Aubrey seconded the motion. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Minutes of Village Council Regular Session held 11/13/2008 Page 3 of 7 SECOND READING AND ENACTMENT OF ORDINANCE 2008-18 -CODE AMENDMENT - POLICE AND FIRE PENSION FUND continued • Discussion was held concerning page 2, ¶2, second sentence "For purposes of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using seven (7) percent interest and the 1983 Group Annuity Mortality Table for Males..." regarding how this would be used or whether this is unnecessary language and should be deleted. Village Attorney Len Rubin advised that this was left in the ordinance because it refers to present values other than lump sum distributions. Mr. Rubin noted that the Pension Boazd and its attorney have reviewed the proposed ordinance; however, he will look into the matter and, if necessary, this provision may be deleted by a subsequent ordinance. It was noted that this language is in the current code and if deletion of it removes a benefit, it would require negotiation. Discussion ensued on ten-year vesting. Mr. Rubin reported that the Police and Fire Pension Board did not agree to amend the ordinance concerning this item Mr. Rubin noted that members of the pension plan who reach age 55 (or 52 with 25 yeazs of service) are fully vested, and members who are under 55 and have less than 10 yeazs of service aze refunded their accumulated contnbutions. Thereafter, the motion to adopt and enact Ordinance 2008-18 on second reading passed unanimously. ORDINANCE 2008-19 -CODE AMENDMENT - REQUIREMENTS FOR COLLECTION OF RESIDENTIAL YARD WASTE -TABLED TO 12/11/08 Councilman Eissey moved that Ordinance 2008-19 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "GARBAGE, TRASH AND REFUSE," DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," TO ADOPT A NEW SECTION 14-31, "COLLECTION OF RESIDENTIAL YARD WASTE;" PROVIDING FOR DEFINITIONS, COLLECTION REQUIREMENTS, VIOLATIONS AND ASSESSMENT OF COSTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. President Pro Tem Aubrey seconded the motion. During discussion of collection once the Village has been placed under a hurricane or tropical storm watch or warning, it was requested that subsection (4) on page 2 be amended to specify that the National Hurricane Center has issued a hurricane or tropical storm watch or warning, and to emphasize that there is a penalty involved ifyazd waste is put out for collection at such time. Discussion ensued on registration of companies with the Village. Mr. Knight reviewed the requirement that commercial tree trimmers and landscape maintenance companies aze responsible for removing debris they generate in excess of a normal amount (50 pounds.) Mr. Knight noted that a resolution establishing fees for collection of excess debris will be brought forwazd for Council consideration and adoption at second reading of the ordinance. • Mr. Knight explained the need to limit the debris put out for wllection to an amount the Village is capable of collecting with its personnel and equipment. Concern was expressed regarding enforcement. Mr. Knight advised that Public Safety as well as Code Compliance may enforce the ordinance. Minutes of Village Council Regular Session held 11/13/2008 Page 4 of 7 ORDINANCE 2008-19 -CODE AMENDMENT - REQUIREMENTS FOR COLLECTION OF RESIDENTIAL YARD WASTE -TABLED TO 12/11/08 continued • Discussion took place on the definition of "commercial tree trimmer." Mr. Rubin advised that "commercial" means "for compensation." Discussion ensued on the definition of `Youtine maintenance." Mr. Knight explained that this is in reference to commercial providers. Mr. Knight stated that yard waste generated by homeowners is addressed in subsection 3, which limits the total amount allowed. A suggestion was made to define requirements for registration and that a requirement to have general liability insurance and workers compensation be included. Director of Public Works Wiley Livingston explained that the intent of the ordinance is to place limits on contractors who have the equipment and capability of generating large piles of debris, so that Village resources can be used to provide services to residents on scheduled wllection days. Mr. Livingston advocated that contractors be required to remove lazge piles of debris. Mr. Livingston explained that while generating "normal maintenance" such as ten bags of Yazd or hedge clippings is not a problem, tree removal or extensive cutting of landscaping material is a problem and affects the timely wllection of yard waste. Mr. Knight noted that excess debris will be subject to a collection fee and the Village may hire an outside contractor to remove it. It was suggested that subsection 5 be revised to place the focus on vendor responsibility to remove their refuse, to delete reference to "routine maintenance" and to consider using the word "for-hire" instead of "commercial." Regarding registration, Mr. Rubin stated that the Village does not incur liability by requiring registration, which is intended as a means of knowing who is performing the work. Council consensus was that subsections 4 and 5 be revised and that the proposed ordinance be tabled to the next meeting pending these revisions. President Pro Tem Aubrey moved to table first reading of Ordinance 2008-19 to the next Regulaz Session on 12/11/08. Vice Mayor Norris seconded the motion, which passed unanimously. CONSENT AGENDA APPROVED Councilman Hernacki moved to approve the consent agenda. Vice Mayor Norris seconded the motion and all present voted aye. The following items were approved: Receive Minutes of General Employees Pension Board meeting held 8/26/08 Receive Minutes of Library Advisory Board meeting held 9/23/08 Receive Minutes of Code Enforcement Board meeting held 10/6/08 Receive Minutes ofGolfAdvisory Boazd meeting held 10/13/08 • Receive Minutes of Audit Committee meeting held 10/22/08 Receive Minutes of Library Advisory Board meeting held 10/28/08 Minutes of Village Council Regular Session held 11/13/2008 Page 5 of 7 RESOLUTION 2008-73 ADOPTED -FLORIDA INLAND NAVIGATION DISTRICT (FINDI • GRANT FOR ANCHORAGE PARK Councilman Eissey moved that Resolution 2008-73 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT FOR THE RECEIPT OF $200,000 IN MATCHING GRANT FUNDS FOR ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AUTHORIZING THE EXPENDITURE OF MATCHING FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Mr. Knight reported that RMPK, the Village's grant consultant, has determined that the matching funds may come from any other grants awazded to the Village for this project; therefore, no additional monies will be appropriated for the FIND grant. Mr. Knight noted that grant funds may only be used for the purpose specified in the grant application. Discussion ensued on ¶15, Non-Discrimination, ofthe agreement. Parks and Recreation Director Mazk Hodgkins clazified that FIND grant funds will not be used for the boat ramp or dry storage, due to this restriction. Thereafter, the motion to adopt Resolution 2008-73 passed 4 - 1, with Councilman Eissey, Councilman Hernacki, President Pro Tem Aubrey, and Mayor Manuel voting aye, and Vice Mayor Norris opposed. RESOLUTION 2008-74 ADOPTED -SALE OF SURPLUS LANDSCAPE MAINTENANCE EQUIPMENT Councilman Eissey moved that Resolution 2008-74 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SALE OF SURPLUS LANDSCAPE MAINTENANCE EQUIPMENT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously. RESOLUTION 2008-75 ADOPTED -BUDGET AMENDMENT -TRANSFER TO CAPITAL PROJECTS FUND Councilman Eissey moved that Resolution 2008-75 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE BUDGET FOR THE PURPOSE OF TRANSFERRING UNUSED CAPITAL EXPENDITURE MONEY TO THE CAPITAL PROJECTS FUND FOR USE IN • THE 2008-09 FISCAL YEAR; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hemacki seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held 11/13/2008 Page 6 of 7 RESOLUTION 2008-76 ADOPTED -GENERAL FUND BUDGET AMENDMENT FOR FISCAL YEAR 2007-2008 • Councilman Eissey moved that Resolution 2008-76 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE 2007-2008 GENERAL FUND BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously. RESOLUTION 2008-77 ADOPTED -COUNTRY CLUB BUDGET AMENDMENT FOR FISCAL YEAR 2007-2008 Councilman Eissey moved that Resolution 2008-77 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE 2007-2008 COUNTRY CLUB BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hemacki seconded the motion, which passed unanimously. RESOLUTION 2008-78 ADOPTED -BOAT ENGINES PURCHASE Councilman Eissey moved that Resolution 2008-78 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF TWO (TWIN) SUZUKI BOAT ENGINES FOR USE BY THE VILLAGE'S PUBLIC SAFETY DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Mr. Knight explained that because the current Mercury boat engines aze two years old and require expensive maintenance, staff wishes to purchase Suzuki engines with asix-year warranty. Mr. Knight noted the trade-in value ofthe current engines is estimated to be at least $10,000, and the total cost for two engines, rigging, and associated hazdware will not exceed $14,500. Thereafter, the motion to adopt Resolution 2008-78 passed unanimously. COUNCIL MATTERS Mayor Manuel thanked the Council for supporting the County Charter Amendment, which passed with 73.87% approval. • Mayor Manuel thanked the Village Manager and Public Safety Department for awell-organized and successful Veterans Day ceremony. Mayor Manuel noted the new owners of La Bamba were pleased that council members participated in the ribbon cutting and grand opening of the restaurant. Minutes of Village Council Regular Session held 11/13/2008 Page 7 of 7 VILLAGE MANAGER MATTERS • Mr. Knight reported on the Golf Advisory Board's discussion of memorial markers at the golf course. Mr. Knight suggested engraved paver bricks be utilized for this purpose rather than vazious types of mazkers. Mr. Knight noted the engraved bricks do not have to be purchased only for memorials, but can be used to show support for the Country Club. Mr. Knight advised that this program would be self-funding and pavers would be installed in areas such as the sidewalk to the clubhouse. It was noted that this type of commemorative is used at the Town of Juno Beach and City of Palm Beach Gardens. Council consensus was that Mr. Knight reseazch this concept and provide further information to the Council. Mr. Knight announced a 13% increase in children's circulation and a 61% increase in computer use at the Library during the month of October. Mr. Knight advised that 100 people used the computer lab at the Library yesterday. Mr. Knight reported receipt of notice from the Florida Department of Transportation of its intent to advance the rehabilitation of Parker Bridge from FY 2010 to FY 2009. Council requested more detail and asked Mr. Knight to check on the status of the project and to inquire if it includes upgrading and widening of the sidewalk over the bridge. Mr. Knight announced the annual Tree Lighting Ceremony at 7:00 p.m. on Wednesday, December 3rd, and the Boat Parade on Saturday, December 6th. ADJOURNMENT With no further business to wme before the Council, the meeting adjourned at 9:05 p.m. Melissa Tea], CMC, Village Cler •