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10-12-2006 VC REG-M • MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 12, 2006 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Darryl Aubrey, Councilman Mark Bates, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Norris called the meeting to order at 7:36 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and Councilman O'Meilia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION . On behalf of the Village Council, Mayor Norris -presented Public Safety Department employee Sergeant Tom Koning with a certificate and check in recognition of his 20 years of service to the Village. APPROVAL OF MINUTES Minutes of the Special Session -Interview Meeting held 9/26/06, Minutes of the Special Session held 9/26/06, and Minutes of the Regular Session held 9/28/06 were approved as written. BILL 1209 -EMERGENCY GENERATORS -ENACTED AS ORDINANCE 2006-22 Councilman O'Meilia moved to removed Bill 1209 from the table. Vice Mayor Eissey seconded the motion and all present voted aye. Vice Mayor Eissey moved that Bill 1209 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO ADD A NEW SECTION 45-23, "EMERGENCY GENERATORS REQUIRED FOR AUTOMOTIVE SERVICE STATIONS;" REQUIRING PERMANENT GENERATORS FOR NEWLY CONSTRUCTED AND RECONSTRUCTED STATIONS; PROVIDING FOR INSTALLATION OF A TRANSFER SWITCH FOR EXISTING STATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE MINUTES OF REGULAR SESSION HELD OCTOBER 12, 2006 • • • be placed on second reading and read by title alone. Councilman O'Meilia seconded the motion, which passed unanimously. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Councihan O'Meilia moved to enact Bill 1209 as Ordinance 2006-22. Vice Mayor Eissey seconded the motion, which passed unanimously. BILL 1217 -ESTABLISHMENT OF PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT -TABLED TO 10/26/06 President Pro Tem Manuel moved that Bill 1217 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO THE ELIMINATION OF THE DEPARTMENT OF PUBLIC SERVICES AND THE CREATION OF A DEPARTMENT OF PUBLIC WORKS AND A DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III, "ADMINISTRATIVE CODE," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 6, "DEPARTMENT OF PUBLIC SERVICES," AND CREATING A NEW DIVISION 10, "DEPARTMENT OF COMMUNITY DEVELOPMENT;" AMENDING SECTION 2-84 AND SECTION 2-85 AND CREATING A NEW SECTION 2-111 AND 2-112; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Discussion ensued on correcting references to Public Services in the Code of Ordinances. Village Attorney Len Rubin reported that an ordinance is being prepared to amend the Code to change references to Public Services to either Public Works or Community Development as appropriate. With regard to references in the Charter, Mr. Rubin will report back to the Council on amending the Charter. Mayor Norris reopened the public hearing. Tom Magill, 119 Atlantic Road, advised that his opinion as a former member on two Charter Review Committees was that any change to wording in the Charter requires a referendum, and suggested that this issue be resolved before first passing an ordinance. Mayor Norris closed the public hearing. President Pro Tem Manuel moved to table this ordinance until the next meeting. Councilman O'Meilia seconded the motion, which passed unanimously. CONSENT AGENDA Item 7.a was removed from the Consent Agenda. Thereafter, Vice Mayor Eissey moved to approve the Consent Agenda. Councilman O'Meilia seconded the motion, and all present voted aye. The following items were approved: 2 MINUTES OF REGULAR SESSION HELD OCTOBER 12, 2006 Suspend Council meetings of 11/23/06 and 12/28/06 in observance of the Thanksgiving and Christmas holidays, respectively Receive Minutes of Police and Fire Pension Board meeting held 12/12/05 Receive Minutes of Police and Fire Pension Board meeting held 2/14/06 Receive Minutes of Library Advisory Board Meeting held 8/22/06 Receive Minutes of Planning Commission meeting held 9/13/06 Receive Minutes of Country Club Advisory Board meeting held 9/18/06 Receive Minutes of Code Enforcement Board meeting held 10/2/06 MINUTES OF WATERWAYS BOARD MEETING HELD 9/19/06 Councilman O'Meilia moved to accept the Minutes of the Waterways Board meeting held 9/19/06 which included the recommendation "to hire the Village Engineer to draft a dock construction and vessel mooring ordinance for the Lagoon ends in the Village. This ordinance would include drawings for each Lagoon end depicting the area available for docking and mooring for each of the Lagoon end lot owners. The drawings would be based on the methodology set forth in document No. SLER0950 dated Sept. 30, 1994 as written by the Florida Department of Environmental Protection for Riparian Rights determinations. We recommend that the Engineers draft be sent to the Waterways Board for review before a recommendation to the Village Council. We further recommend that the Village retain the Village Attorney to advise the • Waterway Board regarding any legal ramifications which would result from the change in the dock & mooring ordinance and further to advise on acceptable trigger mechanisms for the applicability of a new code where it would- create non=conforrriing uses." President Pro Tem Manuel seconded the motion to accept the minutes and all present voted aye. Attorney Wes Nichols, 11380 Prosperity Farms Road #2, representing Joseph and Diyna. Swiderski, addressed the Council concerning the lagoon end mooring issue. Mayor Norris noted that no action has been taken, and explained that at this time Council is only receiving the minutes. This issue will be brought back for discussion at a future meeting, when a staff presentation will be made. Concerning the Police and Fire Pension Board Minutes dated 12/12/05 and 2/14/06, it was noted that when the minutes are not received on a timely basis, it does not allow the Council to promptly address or take action on items contained in the minutes. The Council requested that minutes be provided promptly. RESOLUTION 2006-80 ADOPTED -POOL FENCING BID AWARD President Pro Tem Manuel moved that Resolution 2006-80 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY MARTIN FENCE CO. FOR WORK TO BE PERFORMED AT THE NORTH PALM BEACH POOL FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH MARTIN FENCE CO.; AND PROVIDING FOR AN EFFECTIVE DATE 3 MINUTES OF REGULAR SESSION I3ELD OCTOBER 12, 2006 be adopted. Vice Mayor Eissey seconded the motion. • During discussion, it was noted that the contract was not signed, although Council policy is that contracts be signed before being presented to the Council for final approval. Discussion ensued on Article 6, Federal and State Tax. Vice Mayor Eissey moved to delete the second sentence, regarding signing an exemption certificate. Councilman O'Meilia seconded the motion and all present voted aye. Thereafter, the original motion, as amended, passed unanimously. Council directed that the bid tabulation information, along with any referenced attachments, be included in the agenda item backup. RESOLUTION 2006-81 ADOPTED -GARBAGE TRUCK PURCHASE Councilman O'Meilia moved that Resolution 2006-81 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE M2 FREIGHTLINER TRUCK WITH A NEW WAY, KING COBRA, 25 CUBIC YARD REAR LOADING GARBAGE CONTAINER PURSUANT TO THE FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS; DECLARING EXISTING GARBAGE TRUCK #64 AS SURPLUS AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted. President Pro Tem Manuel seconded the motion and all resent voted a e. __ p Y RESOLUTION 2006-82 ADOPTED -REVISED TRAVEL POLICY Vice Mayor Eissey moved that Resolution 2006-82 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AN UPDATED AND REVISED VILLAGE TRAVEL POLICY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Village Manager Mark Bates reviewed revisions to the Village's travel policy, which include a provision for changes in the IRS rate for mileage, correction of an inconsistency in per diem allowance, and a requirement for advance approval by the Village Manager for out-of--town overnight travel. Discussion took place on Section a.l, regarding commercial fares, and specifying the type of fare, such as economy. This section will be revised for consistency with the reference to "coach or tourist fares" under "Mode of Travel, Travel by Common Carrier." • Discussion ensued on the per diem subsistence allowance. Mr. Bates explained that travelers who accept the per diem rate of $50.00 for meals are not required to obtain receipts, however expenditures which exceed the allowed rates for breakfast, lunch, and dinner must be substantiated by receipts. 4 MINUTES OF REGULAR SESSION HELD OCTOBER 12, 2006 Discussion was held on overnight out-of--town travel with regard to Village Manager approval. Village Attorney Len Rubin will add a sentence clarifying that the Village Council does not need • the Manager's approval for travel. A correction was noted to the last sentence in ¶2 under "Travel Expense Reimbursement" in which the word "their" was changed to "his." During discussion of the Resolution, the first phrase in the third WHEREAS clause was deleted. Councilman O'Meilia moved to approve the amendments to the travel policy and resolution. President Pro Tem Manuel seconded the motion and all present voted aye. It was requested that the Village Attorney verify that there is no conflict with the travel regulations set forth in the Village Council Policy Manual. Thereafter, the original motion, as amended, passed unanimously. RESOLUTION 2006-83 ADOPTED -GOLF COURSE MAINTENANCE EQUIPMENT LEASE Vice Mayor Eissey moved that Resolution 2006-83 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO COUNTRY CLUB MAINTENANCE EQUIPMENT; AUTHORIZING THE LEASE OF CERTAIN EQUIPMENT UTILIZING STATE CONTRACT PRICING; DECLARING CERTAIN ITEMS OF EXISTING EQUIPMENT AS SURPLUS AND AUTHORIZING THEIR DISPOSAL AND SALE; AND PROVIDING FOR AN EFFECTIVE DATE__ ~_ - _ _ __ _ be adopted. Councilman O'Meilia seconded the motion. It was noted that the lease agreement with Siemens Financial Services, Inc. was not included with the agenda backup. Mr. Bates reported that final amendments to the lease were just completed, and asked Council to approve the lease agreement as recommended, in an amount not to exceed $103,460 yearly for athree-year lease. Mr. Bates advised that if there were any further changes to the terms of the lease agreement, it would not be executed, but would be brought back for Council action at a Special Session. Thereafter, the motion passed unanimously. RESOLUTION 2006-84 ADOPTED - 1ST ADDENDUM TO LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE Vice Mayor Eissey moved that Resolution 2006-84 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO THE FIRST ADDENDUM TO THE LEASE AGREEMENT WITH • PEAS AND CARROTS CATERING, INC., DBA THE CONTINENTAL CATERING, TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE 5 MINUTES OF REGULAR SESSION HELD OCTOBER 12, 2006 Councilman O'Meilia seconded the motion. Mayor Norris declared a voting conflict. • Mr. Bates advised that the lease amendment is due to the purchase of a new industrial dish machine, which will be purchased by the Village and leased by Peas and Carrots throughout the term of the lease agreement and any extension or renewal. Discussion ensued on the chairs removed from the dining room. Mr. Bates reported that the vendor is paying for his own chairs and the armchairs previously used in the dining room are being stored at Public Works. Thereafter, the motion passed 4 - 0, with Vice Mayor Eissey, President Pro Tem Manuel, Councilman O'Meilia, and Councilman Aubrey voting aye. POLICE AND FIRE PENSION PLAN FUNDING Councilman O'Meilia moved that all excess annual Police and Fire Pension Plan contributions be considered and treated as an advance funding to be applied toward the Plan's subsequent amount of Village contribution. President Pro Tem Manuel seconded the motion. Discussion took place on the October 1, 2005 Revised Actuarial Valuation Report. Mr. Bates advised he will meet with the actuary and report back to the Council on the amount to be used to offset future contributions. Lew Steinberg, Police and Fire Pension Board Chairman, addressed the Council regarding this • issue. Mr. Steinberg discussed the amount of state funds the Village may use to offset its contribution each year, as well as the funds which may be used to enhance- pension benefits;. and the accumulated additional funds which are kept aside for funding purposes until the plan meets all minimum mandated state benefits. Mr. Steinberg reported that there is $101,000 in excess funding from last year, and advised that the actuarial report was approved at last week's Special Meeting of the Police and Fire Pension Board. Mr. Steinberg stated that the excess contributions were rolled into the Fund, which in effect reduces the contribution. Thereafter, the motion passed unanimously. MAYOR AND COUNCIL MATTERS Mayor Norris discussed seating the Village Attorney and Village Manager on the dais with the Council. Consensus of the Council was to approve this change. President Pro Tem Manuel gave a report on the Florida League of Cities Home Rule Committee. President Pro Tem Manuel distributed an email concerning providing corporate and family golf memberships to Nicklaus Design and Mr. Nicklaus in exchange for on-going consulting work. Discussion ensued on available golf memberships. The Council directed that administration fill any available memberships (up to 500, plus juniors) from the waiting list. Further discussion on granting memberships to Nicklaus Design and Mr. Nicklaus in exchange for consulting work • will be held at an upcoming meeting. Brief discussion took place on the Village Clerk's evaluation. It was noted that no action had been taken on the Village Manager's evaluation for the previous year, and his evaluation is also due. 6 MINUTES OF REGULAR SESSION HELD OCTOBER 12, 2006 The Village Clerk requested that any councilmen planning to attend the Florida League of Cities Legislative Conference in Orlando on November 16 and 17th notify the Clerk's office in the next • week, so that any needed reservations maybe made. Discussion took place concerning Veterans' Day activities. VILLAGE MANAGER MATTERS Mr. Bates requested that the Council review the floor plans for the North Substation and report back with any comments or suggestions in the next two weeks. Mr. Bates reported that the bid documents should be ready at the end of the month. Brief discussion was held concerning holding the golf course grand opening on January 10th. Mr. Bates reported that Mr. Nicklaus will be present. The Council approved the date. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:30 p.m. ~- Melissa Teal, CMC, Village Jerk 7 • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME D NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE / o~ l . A-t~/~ .~ E a / MAILING ADDRESS ~~i/~~ ~~z~v~ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: !~ CI~1' 1NT} CO CITY O COUNTY O OTHER LOCAL AGENCY ~ ~~~¢~ 0~ ~ ~~/~ ~~~~~ ~ %,,/ / NAME F POLITICAL SUBDIVISION: ~ ~ ~ ~ ~~~ ~/~ ~~~~ DATE ON WHICH VOTE OCCURRED /~/ ~/D 6 MY POSITI IS: / ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment 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, wffe, 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 ~ escribed 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 86 - EFF. 1/2000 PAGE 1