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05-28-2020 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 28, 2020 501 U.S. HIGHWAY 1 7:30 PM Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all senior citizens and individuals with a significant underlying medical condition are ordered to stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all persons in Florida shall limit their personal interactions outside of their homes to only those necessary to obtain or provide essential services or conduct essential activities. Similarly, the Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the Village of North Palm Beach shall be conducting this meeting utilizing communications media technology. The members of the Village Council will not be physically present in the Council Chambers and shall be participating virtually. Members of the public may participate in the meeting via internet access or by telephone as set forth below. INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/84864254346?pwd=VlJqZzVuUm0wZFNZc2wrb04wNzUvdz09 Meeting ID: 848 6425 4346 Password: 624748 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 848 6425 4346 Password: 624748 Regular Session Agenda, May 28, 2020 Page 2 of 22 Public Comments: Public comments can be submitted by filling out the public comment form that can be accessed by clicking the following link Public Comment Card. Public comments can also be made by leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public Comment portion of the meeting. For full detailed instructions on how to the join the meeting by either telephone or by computer please see the Village of North Palm Beach Village Council webpage or click on the following links: Instructions for attending Village Council Meeting by phone Instructions for attending Village Council Meeting by computer AGENDA ROLL CALL INVOCATION - VICE MAYOR PLEDGE OF ALLEGIANCE - MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held 5/14/20 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 2. MOTION – Authorizing the Mayor to sign a letter on behalf of the Village supporting the distribution and use of FDLE JAG Grant funds for FY 2019-2020. Regular Session Agenda, May 28, 2020 Page 3 of 22 OTHER VILLAGE BUSINESS MATTERS 3. RESOLUTION – AMENDMENT TO IAFF COLLECTIVE BARGAINING AGREEMENT Approving an Amendment to Article 24 of the Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 4. Motion - Designation of voting delegate and alternates for PBC League of Cities VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceeding s is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in th is meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 14, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk INTRODUCTION Mr. Lukasik gave introductory comments and explained that the meeting would be conducted electronically by internet access or telephone. ROLL CALL Mayor Bickel 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 Mullinix gave the invocation and Mayor Bickel led the public in the Pledge. AWARDS AND RECOGNITIONS Mayor Bickel read a Proclamation for National Public Works Week. Public Works Director Steven Hallock thanked Council for the Proclamation. APPROVAL OF MINUTES The Minutes of the Emergency Special Session held March 23, 2020 and the Minutes of the Regular Session held April 23, 2020 were approved as written. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-01 GENERAL FUND BUDGET AMENDMENT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt and enact on 2nd reading Ordinance 2020-01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2020 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Meeting held May 14, 2020 Page 2 of 5 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-01 GENERAL FUND BUDGET AMENDMENT continued Mr. Lukasik explained that the ordinance would approve a General Fund Budget amendment. Funds for vehicle lease programs are normally allotted as an operating expense, since capital is being acquired through the lease program, the assets should be reflected as debts. Thereafter, the motion to adopt and enact on second reading Ordinance 2020-01 passed with all present voting aye. CONSENT AGENDA Item 6 was removed from the Consent Agenda and placed on the Regular Agend a. Thereafter, the Consent Agenda, as amended, was approved with all present voting aye. The following items were approved: Resolution approving a Fifth Amendment to the Communications Site Lease Agreement with Cellco Partnership d/b/a Verizon Wireless for a telecommunications tower adjacent to the Community Center; and authorizing execution of the Amendment and Amended Memorandum of Agreement. Receive for file Minutes of the Environmental Committee meeting held 3/2/20. RESOLUTION 2020-36 – ENGINEERING SERVICES FOR WEST ALLEWAY PAVEMENT REHABILITATION PROJECT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2020-36 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR ENGINEERING, BIDDING AND CONSTRUCTION PHASE SERVICES FOR THE WEST ALLEYWAY PAVEMENT REHABILITATION PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Mullinix expressed concern over spending money to do a study for the project. Vice Mayor Mullinix recommended asking a paving company to provide an assessment and proposal for the project. Mr. Hallock explained the issues with the alleyway and stated that the condition of the road was serious and a high priority project. Discussion ensued between Council, Mr. Rubin and staff regarding the proposed project. Mr. Lukasik explained the reasons for requesting an engineering study for the west alleyway pavement project and stated that not all road projects would require an engineering study. Village Engineer Keith Jackson explained the reasons for having an engineering study for certain projects. Certain projects would require a scope of work in order to request a bid on the project. Councilmember Searcy asked when the west alleyway was last repaved. Draft Minutes of Village Council Meeting held May 14, 2020 Page 3 of 5 RESOLUTION 2020-36 – ENGINEERING SERVICES FOR WEST ALLEWAY PAVEMENT REHABILITATION PROJECT continued Mr. Hallock stated that he was unsure of when the west alleyway was last repaved. Mr. Hallock stated that from his observation of the condition, he believed it was approximately 30 years ago. Councilmember Aubrey recommended having an engineering study done for the west alleyway project since a scope of the project is needed in order to receive appropriate and accurate bids. Thereafter, the motion to adopt Resolution 2020-36 passed 4 to 1 with Mayor Bickel, President Pro Tem Norris, Councilmember Aubrey and Councilmember Searcy voting aye and Vice Mayor Mullinix voting nay. MOTION - Authorizing partial Release of Retainage in the amount of $229,167 to Weitz Company for the North Palm Beach Country Club Project Mr. Lukasik explained that the Weitz Company was requesting fifty percent of th eir retainage payment. Mr. Lukasik gave a presentation that reviewed and explained the Country Club Clubhouse Project Budget Summary. President Pro Tem Norris asked why Farmer’s Table was paid $166,760. Mr. Lukasik explained that those funds were received from Farmer’s Table and then paid back to them for the build out of their pavilion. President Pro Tem Norris asked if the building permit and licensing fees were paid to the Village. Mr. Lukasik stated that yes the building permit and licensing fees were paid to the Village. Vice Mayor Mullinix asked if payments to the construction manager went over budget. Special Projects Director Chuck Huff explained that there was an initial budget increase when a 2nd Amendment was added to the construction manager’s contract which occured after a contract was entered into with the Weitz Company. Councilmember Aubrey asked if the budget increase was due to the fact that the project passed its projected completion date. Mr. Huff explained that the completion date of the project was extended but the construction manager’s contract was not extended past its end date of December 31, 2019. Mr. Lukasik reviewed and explained the Expense Summary - Interests Earning Projects and stated that the total amount of expenses came to $374,372. Mayor Bickel asked if the swim team purchased the starting blocks at the pool. Mr. Lukasik stated that the Village had to purchase the starting blocks but the swim team would partially reimburse the money. President Pro Tem Norris asked how much of the cost of the starting blocks would be reimbursed. Mr. Lukasik stated that he did not have that figure on hand but would provide it to the Council when possible. Draft Minutes of Village Council Meeting held May 14, 2020 Page 4 of 5 MOTION - Authorizing partial Release of Retainage in the amount of $229,167 to Weitz Company for the North Palm Beach Country Club Project continued Mr. Lukasik reviewed and explained the Country Club Pool Project Budget Summary and the issues and items that had to be done to fix and complete the pool. Mr. Lukasik stated that the entire pool project was over budget by $299,284. Councilmember Searcy and Vice Mayor Mullinix asked what caused the leak in the pool. Mr. Huff explained what caused the leak in the pool and how it was repaired. Mr. Huff reviewed and explained the Contract Change Orders – GMP Changes. Councilmember Aubrey expressed concern over the stairways at the Country Club and recommended having striping installed on the steps to reduce the possibility of a tripping accident. President Pro Tem Norris expressed concerns over paying the Weitz Company the fifty percent retainage and stated that he did not agree with paying it. Discussion ensued between Council, Mr. Rubin and staff regarding the items that still need to be completed or fixed at the Country Club and whether or not to pay the fifty percent retainage to the Weitz Company. A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to table the motion authorizing partial Release of Retainage in the amount of $229,167 to Weitz Company for the North Palm Beach Country Club Project until the Weitz Company can provide a timeline for completing or fixing the outstanding items at the Country Club. Thereafter the motion passed unanimously. RESOLUTION 2020-37 – THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt Resolution 2020-37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) WITH STC FIVE LLC, SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P., AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained the proposed Third Amendment to the Agreement with Sprint Spectrum L.P. and what it would include. Discussion ensued between Council and Mr. Huff regarding the Third Amendment to the Agreement with Sprint Spectrum L.P. Thereafter, the motion to adopt Resolution 2020-37 passed unanimously. Draft Minutes of Village Council Meeting held May 14, 2020 Page 5 of 5 VILLAGE COUNCIL MATTERS/REPORTS Councilmember Searcy stated that it was Public Safety Week and thanked the Village Police Department for all their hard work. Mayor Bickel stated that some municipalities were providing different items to residents in need during the COVID-19 pandemic and asked staff and Council to consider whether or not the Village could provide anything to its residents in need. Mr. Lukasik gave an update of what would be discussed at an upcoming Palm Beach County meeting regarding the COVID-19 pandemic. Mr. Lukasik stated that staff was working with Village restaurants on acquiring special event permits and keeping them up to date and in compliance with the rules of the Phase 1 reopening of Palm Beach County. Mr. Lukasik gave an update on what Village Facilities would be opened and events resumed during the Phase 1 reopening of Palm Beach County. Mayor Bickel asked when the dog park at Anchorage Park would be reopened. Mr. Lukasik stated Palm Beach County has not reopened dog parks yet. President Pro Tem Norris asked if the golf driving range would reopen. Mr. Lukasik stated that he believed that golf driving ranges in Palm Beach County are scheduled to be reopened during Phase 1 with certain conditions and guidelines. The decision would be made at the Palm Beach County meeting taking place the next morning. President Pro Tem Norris asked if doubles tennis playing was allowed. Mr. Lukasik stated that doubles tennis was still not allowed by Palm Beach County. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:06 p.m. VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Council FROM: THRU: Rick Jenkins, Police Chief Andrew D. Lukasik, Village Manager DATE: May 28, 2020 SUBJECT: FDLE JAG Grant FY 2019-2020 Village staff is recommending that the Village Council authorize the Mayor to sign the attached letter on behalf of the Village of North Palm Beach supporting the distribution and use of federal JAG funding. Background: The Edward Byrne Memorial Justice Assistance Grant (JAG) is a national, formula-based, block-grant program administered by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) with the goal of improving the criminal justice system. The JAG program provides funds to local and tribal units of government, as well as state criminal justice agencies, to enhance initiatives in their jurisdiction. The federal JAG program guidelines require funding to be used in one or more of the following program areas:  Law Enforcement  Prosecution and Courts  Prevention and Education  Corrections and Community Corrections  Drug Treatment and Enforcement  Planning, Evaluation, and Technology Improvement  Crime Victim and Witness  Mental Health Request for Support: The Village’s consent to the proposed distribution of federal funds continues the joint funding for programs administered by the County Criminal Justice Commission and the Law Enforcement Planning Council. The North Palm Beach representative on the Criminal Justice Commission is resident David Talley, who was appointed by me with Council and Village Manager consent when I was the Chair of the Law Enforcement Planning Council. The purpose of the joint grant is supporting the County initiatives of Criminal Justice reform as well as various investigative support initiatives. While all are worthwhile, the most important component of this re-occurring grant is County-wide mutual aid and data sharing allowing all police agencies and PBSO to act with one focus and the goal of one unified purpose, namely, the safety of all in Palm Beach County and its municipalities. Recommendation: Village staff recommends Council authorization for the Mayor to sign the attached letter consenting to the proposed distribution of JAG funds. Criminal Justice Commission 301 North Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 Fax: (561) 355-4941 http://discover.pbcgov.org/criminaljustice/ Joseph Ianno, Jr., Chairman Kevin L. Jones, Vice Chairman Rachel Docekal, Treasurer Nellie King, Secretary ■ Palm Beach County Board of County Commissioners Dave Kerner, Mayor Robert S. Weinroth, Vice Mayor Hal R. Valeche Gregg K. Weiss Mary Lou Berger Melissa McKinlay Mack Bernard County Administrator Verdenia C. Baker “An Equal Opportunity Affirmative Action Employer” March 26, 2020 To All Palm Beach County Mayors: The Criminal Justice Commission (CJC) seeks your approval in the allocation of FY20 (Federal Fiscal Year 2019/County Fiscal Year 2020) Justice Assistance Grant (JAG) funds. The total allocation to Palm Beach County is $312,028. The CJC received notification on March 9, 2020 of this funding for the period October 1, 2019 through September 30, 2020. This funding was delayed due to Federal litigation surrounding sanctuary city protections, which have since been lifted. The CJC voted to support continuation of existing countywide programs at the funding amounts listed below including: 1) The Reentry Program, which provides transitional services for adults and juveniles released from jail and prison to Palm Beach County; and 2) The PalmFUSE Program, which breaks the cycle of incarceration and homelessness among individuals with complex behavioral health challenges who are the highest users of jail, homeless shelters, hospitals and other crisis system services. Palm Beach County PROJECT TITLE FEDERAL FUNDS RECOMMENDED Palm Beach County Reentry Program $240,228.00 Palm Beach County PalmFUSE 71,800.00 TOTAL $312,028.00 The Florida Department of Law Enforcement (FDLE) requires that fifty-one percent (51%) of the local units of government representing at least fifty-one percent (51%) of the county's population agree on the allocation of these funds. For your convenience, we have prepared the attached sample letter for your use. Due to the application deadline, we ask that this letter be received at the CJC Office no later than April 24, 2020. Because of COVID-19 concerns and safe practices, please process and send your letters digitally to Allison Orr, email address: alorr@pbcgov.org. (PLEASE DO NOT SEND THE LETTER TO FDLE) If you should require additional information or have any questions, please contact Kristina Henson (561) 355-4943. Your immediate attention to this matter is greatly appreciated. Sincerely, Kristina Henson Executive Director Cc: All Palm Beach County Police Chiefs Richard C. Radcliff, Executive Director, PBC League of Cities 501 U.S. HIGHWAY 1, NORTH PALM BEACH, FL 33408 (561) 841-3380 VILLAGE OF NORTH PALM BEACH “The Best Place to Live Under the Sun” May 28, 2020 Ms. Rona Kay Cradit, Bureau Chief Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road P.O. Box 1489 Tallahassee, FL 32308 C/O THE CRIMINAL JUSTICE COMMISSION Dear Ms. Cradit: In compliance with the State of Florida Rule 11D-9, F.A.C., the Village of North Palm Beach approves the distribution of $312,028 of Federal Fiscal Year 2019 (County Fiscal Year 2020) Edward Byrne Memorial Justice Assistance Grant (JAG) funds for the Countywide Reentry Program and the PalmFUSE (Frequent Users System Engagement) Project within Palm Beach County as follows: PALM BEACH COUNTY PROJECT TITLE FEDERAL FUNDS RECOMMENDED Palm Beach County Countywide Reentry Program 240,228.00 Palm Beach County PalmFUSE 71,800.00 TOTAL 312,028.00 Sincerely, Susan Bickel, Mayor Village of North Palm Beach VILLAGE OF NORTH PALM BEACH FIRE RESCUE DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: J.D. Armstrong, Fire Chief DATE: May 28, 2020 SUBJECT: RESOLUTION – Approving an amendment to Article 24 of the Collective Bargaining Agreement with the IAFF Through the adoption of Resolution No. 2019-61 on July 11, 2019, the Village Council approved and ratified a Collective Bargaining Agreement (“CBA”) with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (“IAFF”). Article 24 of the CBA, Temporary Appointments, directs how the Captain and Driver/Engineer positions are to be filled should the person holding that position be unavailable. At the time this Article was approved, no Captain’s promotional list existed; therefore, the Article defaulted to Driver/Engineer’s first filling the position. Since that time, the Village conducted a promotional exam and created a Captain promotional list. Consequently, both Village Administration and the IAFF membership support amending Article 24 to reflect this change. The following documents are attached to this memo: the current CBA language; the amended CBA language; and confirmation that the IAFF membership approved this change through a ratification vote. There is no fiscal impact associated with the proposed amendment. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Administration requests Council consideration and approval of the attached Resolution approving and ratifying an amendment to Article 24, Temporary Appointments, of the Collective Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. in accordance with Village policies and procedures. RESOLUTION 2020- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO ARTICLE 24 OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. (“IAFF”) have agreed to amend Article 24, Temporary Appointments, of the current Collective Bargaining Agreement to acknowledge the creation of a Captain’s promotional list; and WHEREAS, the IAFF has conducted a ratification vote on the proposed amendment to the CBA; and WHEREAS, the Village Council wishes to approve and ratify the amendment to the CBA and determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves and ratifies an amendment to Article 24, Temporary Appointments, of the Collective Bargaining Agreement between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., a copy of which is attached hereto and incorporated herein. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2020. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: May 28, 2020 SUBJECT: MOTION – PBC League of Cities Voting Delegate and Alternates The Village received a request from the Palm Beach County League of Cities, Inc. to officially designate a voting delegate and alternate(s) to vote on behalf of the Village at any League membership meeting or function. This designation would apply specifically to weighted voting items for the General Membership. Weighted voting is provided for in Article Four of the League By-Laws (attached) and is determined according to population. As currently drafted, the By-Laws provide the Village with two weighted votes. Unless a weighted vote is requested and approved, the business of the League is conducted by a simple majority of the quorum, with each Municipal Member having one vote. The governing body of the Municipal Member may annually designate a voting delegate and alternates. The Village’s voting delegate and alternates were last designated in 2018. Through the adoption of Resolution 2016-07, the Council provided that subsequent appointments of a voting delegate and alternates may be accomplished by motion, rather than by resolution. Recommendation: Village Administration recommends Council appoint a voting delegate to the Palm Beach County League of Cities, Inc., and appoint all councilmembers not serving as the voting delegate to serve as alternate voting delegates. www.palmbeachcountyleagueofcities.org | rradcliffe@pbcgov.org Tel. 561-355-4484 · Fax 561-355-6545 P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402 Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401 Designation of Voting Delegate & Alternate(s) to the Palm Beach County League of Cities, Inc. In accordance with Article Four of the Bylaws of the Palm Beach County League of Cities, Inc., as amended January 25, 2017, the governing body of (City, Town, or Village name): Took the official action and designated the following voting delegate and alternate(s) to vote on behalf of the above named municipality at any League of Cities general membership meeting, special general membership meeting and/or function of the general membership. This designation applies ONLY to weighting voting items for the General Membership. Voting Delegate:Email: Email:Alternate(s): Email:Alternate(s): Email:Alternate(s): Email:Alternate(s): Email:Alternate(s): Email:Alternate(s): ____________________________________________ Clerk Signature (SEAL) Attest: ______________________________________________ Mayor Signature Action taken this _____ day of______________, 2020 Special Meeting called for that purpose and shall circulate written ballots to be executed by the voting delegates of each Municipal Member; provided, however, that in the event that any nominee is unopposed, that nominee shall automatically be elected by acclamation without ballot. Ballots, if necessary, shall be tabulated by the nominating committee and the results announced to the membership. Weighted voting shall not apply to the election of Officers and/or Directors. ARTICLE FOUR VOTING Section 1. Municipal Members. Each Municipal Member, whose dues and assessment accounts are current, shall be eligible to vote on items of business at all Regular and Special Meetings. Each Municipal Member, by proper motion of its governing body, shall annually designate a voting delegate and alternates if so desired. Voting delegates and alternates from each Municipal Member shall be submitted to the Executive Director of the League in writing upon a form provided for this purpose. This form shall also be executed by the Mayor and Clerk of the applicable municipality. No other persons shall be eligible to vote on business items at Municipal Membership Meetings. Section 2. Weighted Votes. A. Allocation; Mechanism: The voting delegate of aAny Municipal Member who is eligible to vote may call for a weighted vote on any issue before the membership unless prohibited under subsection B herein below. Weighted voting is automatic upon call by a member who is eligible to vote. Each weighted vote shall be by roll call vote, taken and recorded by the Secretary-Treasurer or designee. Weighted votes for each Municipal Member shall be based upon the latest Estimates of Population by County and Municipality prepared by the University of Florida. 1) Each Municipal Member of up to 5,000 population shall have one (1) weighted vote. 2) Each Municipal member of 5,001 to 17,144 population shall have two (2) weighted votes. 3) Each Municipal member of 17,145 to 35,000 population shall have three (3) weighted votes. 4) Each Municipal Member of 35,001 or more population shall have four (4) weighted votes. B. Prohibited: Weighted voting is prohibited in the following instances: 1) Appointments to County wide, Regional and State Committees and Boards in accordance with Article Eleven of these Bylaws. 2) Removal of League appointees in accordance with Article Twelve of these Bylaws. 3) Election of Officers and Directors in accordance with Article Three of these Bylaws. Section 3. Non-Weighted Votes. Unless a weighted vote as described in accordance with subsection 2A hereinabove is requested by a voting delegate of a Municipal Mmember eligible to vote and approved by the Municipal Membership, the business shall be conducted by a simple majority of the quorum. If the presiding officer is unable to determine the results of a voice vote, the presiding officer may request a roll call vote. Page 3 of 10 RESOLUTION 2016 -07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A VOTING DELEGATE AND ALTERNATE VOTING DELEGATES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to appoint a voting delegate and alternate voting delegates to the Palm Beach County League of Cities to vote on behalf of the Village at general membership meetings or as otherwise permitted or required. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The Village Council hereby appoints Robert Gebbia as voting delegate to the Palm Beach County League of Cities ( "League "). All Councilmembers not serving as voting delegate shall serve as alternate voting delegates to the League. The Village Council, by majority vote, may modify these appointments without need to amend this Resolution. Section 2. All Resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 10TH DAY OF MARCH, 2016. Village Seal) ATTEST: VILLAGE CLERK I C MAYOI(,)