Loading...
09-28-2006 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA ~• SEPTEMBER 28, 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 7:30 p.m. All members of Council were present, except Vice Mayor Eissey, who was out of town. All members of staiTwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Aubrey gave the invocation, and President Pro Tem Manuel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Minutes of the- Speeial session- held 9/12/06, Minutes- of the Regular Session held 9H 4/06, and- Minutes of the Special Session held 9/21/06 were approved as written. BILL 1209 -EMERGENCY GENERATORS -TABLED Councilman O'Meilia 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 be placed on second reading and read by title alone. President Pro Tem Manuel seconded the motion, which passed unanimously. • Councilman O'Meilia moved to enact Bill 1209 as Ordinance 2006-20. President Pro Tem Manuel seconded the motion. During discussion, it was noted that there is a requirement that the Planning Commission and Village Council each hold a Public Hearing on this ordinance. Thereafter, Councilman O'Meilia moved to table this item to a Public Hearing. President Pro Tem Manuel seconded the motion, and all present voted aye. MINUTES OF REGULAR SESSION HELD SEPTEMBER 28, 2006 BILL 1215 -COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES -ENACTED AS ORDINANCE 2006-20 • President Pro Tem Manuel moved that Bi111215 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 14-30 OF THE VILLAGE CODE OF ORDINANCES, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," TO INCREASE THE ANNUAL DISPOSAL FEES COLLECTED BY THE VILLAGE AND CORRECTLY .REFERENCE THE PALM BEACH COUNTY PROPERTY APPRAISER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman O'Meilia seconded the motion. Mayor Norris called for public comment. There was no public comment. Thereafter, all present voted aye. Councilman O'Meilia moved to enact Bill 1215 as Ordinance 2006-20. Councilman Aubrey seconded the motion, which passed unanimously. BILL 1216 -BUILDING PERMIT FEES -ENACTED AS ORDINANCE 2006-21 Councilman O'Meilia moved that Bill 1216 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 108, FEES, OF THE 2004 EDITION OF THE FLORIDA BUILDING CODE AS AMENDED AND ADOPTED BY SECTION 6-16 OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT INCREASES PERMIT- FEES. AND- IS FULLY SET FORTH ANO ATTACHED T-O TH- IS-ORDINANCE- AS EXHIBIT "A", PROVIDING FOR SERVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Manuel seconded the motion. Mayor Norris called for public comment. T.R. Hernacki addressed the Council concerning Florida Statutes 553.80, which provides that the total estimated annual revenue derived from fees may not exceed the total estimated annual costs of allowable activity. Mr. Hernacki requested that the ordinance be tabled until the Building Official creates a balance sheet showing income and expenses in 2005, and the projected expenses for the next fiscal year. Mr. Hernacki suggested hiring a consultant to perform a cost allocation plan. Village Attorney Len Rubin opined that a balance sheet is not required by statute, providing that the general principle is followed. Thereafter, the motion to approve second reading passed unanimously. • Councilman O'Meilia moved to enact Bill 1216 as Ordinance 2006-21. President Pro Tem Manuel seconded the motion, which passed 3 - 1, with Councilman O'Meilia, President Pro Tem Manuel, and Mayor Norris voting aye, and Councilman Aubrey opposed. 2 MINUTES OF REGULAR SESSION HELD SEPTEMBER 28, 2006 BILL 1217 -ESTABLISHMENT OF PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT -PLACED ON FIRST READING • 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 first reading and read by title alone. Councilman Aubrey seconded the motion. Discussion ensued on revising Section 2-85(1) of the ordinance, Division of facility and fleet maintenance, to clarify reference to the Country Club, delete parks, and add ball field lighting. Discussion took place on revising Section 2-111 to clarify reference to construction. It was noted that many places in the Code of Ordinances reference "Director of Public Services" and should be changed to "Director of Community Development." GRANT AWARD PRESENTATION -ANCHORAGE PARK Senator Jeff Atwater presented the Village with two checks in the amount of $200,000 each for Florida Recreation Development Assistance Program (FRDAP) grants for Phase I and Phase II improvements to Anchorage Park. CONSENT AGENDA moved to approve the Consent Agenda. President Pro Tem Manuel seconded the motion, and all present voted aye. The following items were approved: Receive Minutes of Planning Commission meeting held 7/11/06 Receive Minutes of Waterways Board meeting held 7/18/06 Recommendation: "that at such time as County Commission seeks Village approval of the County Manatee Plan Draft 3 Final Plan approved by the Commission on 6/20/06 that it be adopted by the Village." Receive Minutes of Recreation Advisory Board meeting held 8/8/06 Receive Minutes of Country Club Advisory Board meeting held 8/14/06 Receive Minutes of Planning Commission meeting held 8/15/06 • Receive Minutes of Code Enforcement Board meeting held 9/11/06 Receive Minutes of Recreation Advisory Board meeting held 9/12/06 Recommendation: "to gradually remove the non-native Australian Pines from Lakeside Park and replace them with native tree species." MINUTES OF REGULAR SESSION HELD SEPTEMBER 28, 2006 RESOLUTION - DOMANI P.U.D. EXTENSION • Councilman O'Meilia moved to remove from the table a proposed resolution approving a minor modification to the Domani P.U.D. by extending the commencement of development until 1/14/07. President Pro Tem Manuel seconded the motion, which passed unanimously. Village Attorney Len Rubin discussed commencement of development, and opined that the developer has commenced development by obtaining permits for land clearing and for installation of certain infrastructure, therefore it is not necessary to extend the commencement date. Mr. Rubin referred to the project schedule dated 9/21/06, submitted by Kolter, and advised that staff intends to amend the ordinance to provide for establishment of a time-table and schedule by separate resolution. Attorney Bill Boose, representing Kolter, addressed the Council concerning the projected schedule for start and completion of the Domani project. No further action was taken on the resolution. RESOLUTION 2006-75 ADOPTED -CAPITAL PROJECTS FUND Councilman O'Meilia moved that Resolution 2006-75 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 2006-07 FfSCAL-YEAR; PROVIDING FOR CON~'L-ICE'S; AND~ROVIDIN~ FflR AN -- EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Discussion ensued on funds for Village Hall parking lot overlay and landscaping. Mr. Bates reported that the original budget appropriation of $35,000 included design fees that have been incurred and paid, with a remaining balance of $28,052 for paving. Mr. Bates advised that the transfer of $45,000 in development fees resulting from the Mariner Court project will be combined for paving, landscaping, sidewalk, and lighting improvements at Village Hall, all of which will be added to funds remaining in the K account for Village Hall renovation. Mr. Bates noted that, if possible, the new sign would be funded from this account as well. Thereafter, the motion passed unanimously. RESOLUTION 2006-76 ADOPTED -INDEPENDENT AUDITING SERVICES AGREEMENT Councilman O'Meilia moved that Resolution 2006-76 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, APPROVING AN AGREEMENT FOR INDEPENDENT ANNUAL AUDITING SERVICES WITH NOWLEN, HOLT & MINER, P.A. AND AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE 4 MINUTES OF REGULAR SESSION IIELD SEPTEMBER 28, 2006 be adopted. President Pro Tem Manuel seconded the motion. • Mr. Bates discussed the Audit Committee's recommendation that the CAFR include anon- mandatory schedule relating to budget-to-actual comparison of the Country Club Enterprise Fund. Mr. Bates noted that this was included in the RFP. Mr. Rubin advised that the scope of the audit for the RFP is included as part of the Agreement, which also provides that "In the event of a conflict between the terms of the RFP and the Engagement Letter, the terms of the RFP shall control." Richard Podell, Audit Committee Vice Chairman, requested a meeting be set with the Auditors, Audit Committee, Finance Director, and anyone else the Village Manager suggests, to develop an informal schedule of the audit tasks. Thereafter, the motion passed unanimously. RESOLUTION 2006-77 ADOPTED -SHORT-TERM DISABILITY INSURACE RENEWAL Councilman O'Meilia moved that Resolution 2006-77 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A RENEWAL PROPOSAL FROM UNUMPROVIDENT TO CONTINUE TO PROVIDE SHORT-TERM DISABILITY INSURANCE COVERAGE FOR CERTAIN PUBLIC SAFETY EMPLOYEES FROM OCTOBER 1, 2006 TO SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted: President Pro Tem-Manuel seconded the- motion and ail presentvoted aye. RESOLUTION 2006-78 ADOPTED -EMPLOYEE ASSISTANCE PROGRAM RENEWAL Councilman O'Meilia moved that Resolution 2006-78 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE RENEWAL PROPOSAL OF THE CENTER FOR FAMILY SERVICES OF PALM BEACH COUNTY, INC. TO PROVIDE THE VILLAGE WITH AN EMPLOYEE ASSISTANCE PROGRAM FOR VILLAGE EMPLOYEES FROM OCTOBER I, 2006 TO SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. During discussion, it was noted that Section VI of the Agreement provides for annual utilization reports to the Village, and it was requested that this be supplied to the Council. Thereafter, the motion passed unanimously. • RECESS The meeting recessed at 8:41 p.m. and reconvened at 8:49. 5 MINUTES OF REGULAR SESSION HELD SEPTEMBER 28, 2006 RESOLUTION 2006-79 ADOPTED -ACCEPTS PROPOSAL FOR PROPERTY LIABILITY) AND WORKER'S COMPENSATION INSURANCE • Todd Higley of Heffernan Insurance Brokers, the Village's Agent of Record, reviewed the responses to the RFP to provide the Village with property, liability, and worker's compensation insurance coverage. Mr. Higley reported that Heffernan issued an RFP on the Village's behalf in August, with responses due 9/8/06. Mr. Higley advised that certain changes in rating data took place during the RFP process, one of which was the worker's compensation experience modifier. Mr. Bates distributed a handout detailing the amount budgeted for insurance, and funds available in Council contingency and Village Manager contingency. Mr. Higley distributed a comparison chart and gave an analysis of the differences in the proposals from SERMA (Southeast Risk Management Association), FMIT (Florida Municipal Insurance Trust), and PGIT (Preferred Governmental Insurance Trust). Chuck Wilde was present on behalf of FMIT. Mr. Wilde reviewed FMIT's proposal and stated that if FMIT were selected, he would match the premium of $1,343,837 offered by PGIT. Councilman O'Meilia moved to accept the FMIT proposal at the offered price of $1,343,837. Councilman Aubrey seconded the motion, which passed unanimously. Councilman O'Meilia moved that Resolution 2006-79 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) TO PROVIDE THE VILLAGE WITH PROPERTY, LIABILITY AND WORKER'S COMPENSATION INSURANCE- COVERAGE;. PROVIDING..- FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion, and all present voted aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilman O'Meilia advised that at the General Meeting of the Palm Beach County League of Cities it was reported that there will be a joint committee comprised of the League, FIND, ERM and the Marine Industries Assoc. will be formed to produce an Intracoastal Master Plan, and each city on the Intracoastal Waterway is being asked to appoint a member to the committee. It was requested that staff fmd out the details and that an item be placed on the next agenda to appoint a councilperson to this committee. Councilman O'Meilia reported on the East Coast Corridor Transportation Study that was discussed at the recent North County Intergovernmental Committee meeting. Brief discussion took place concerning bus shelters. Mr. Bates reviewed the status of Country Club membership renewals. • Councilman O'Meilia reminded the Council that the Village is hosting the Palm Beach County League of Cities meeting at the Country Club on 11/22/06 at 10:30 a.m. 6 MINUTES OF REGULAR SESSION HELD SEPTEMBER 28, 2006 Discussion was held concerning staff and Audit Committee recommendations for an internal audit. Council consensus was that the type of audit be management process and control, and that • the subject be Village purchasing procedures. This item was sent back to the Audit Committee. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reviewed the proposed Christmas holiday closure schedule. Mr. Bates noted that Christmas Eve and Christmas Day are paid holidays, which this year fall on Sunday and Monday. Mr. Bates reported that Village offices will be closed Monday and Tuesday, December 25th and 26th. Mr. Bates advised that discussion will be held with the unions, so that they have discretion, by functional division, to determine which day to work and which day to have off. Mr. Bates discussed providing an optional Defined Contribution (DC) Pension Plan, as an alternative to the General Employees Pension Plan. Mr. Bates proposed that this alternative be offered as a choice to Department Directors hired in the future, or those hired during the past two years. This item will be placed on an upcoming Workshop agenda. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:30 p.m. ._-- ~- ~ ~%~~ Melissa Teal, CMC, Village Clerk • 7