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05-08-2003 VC REG-MMINUTES OF THE REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 8, 2003 Present: David B. Norris, Mayor Charles R. O'Meilia, Vice Mayor Joseph A. Tringali, President Pro Tem Dr. Edward M. Eissey, Councilman Don Noel, Councilman Doug Smith, Acting Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk ROLL CALL Mayor Norris 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 Councilman Noel gave the invocation, and President Pro Tem Tringali led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Regular Session held 4/24/03 REPORT OF THE MAYOR Mayor Norris proclaimed the week of May 15, 2003 as National Police Week in the Village of North Palm Beach. Mayor Norris introduced Commissioner Karen Marcus, who addressed the Council regarding anewly- proposed financial assistance agreement from the County for the Prosperity Farms Road beautification project. The proposed agreement stipulates the implementation of Phases I and 3 of the Kimley-Horn study, and would require repayment to the County by the Village for any funding the County has provided if the Village fails to construct the improvements as agreed. Commissioner Marcus stated that the agreement can be further negotiated and the project could be done in stages, but told the Council that time is of the essence and a decision must be made within 45-60 days regarding Phase I, which would be the beautification enhancements that are included in Phase 1 of the Agreement. Commissioner Marcus further stated that the Agreement can be amended to reflect that the money be spent on Phase 1 (beautification) and anything after that could happen in a time frame that the Village desires. This would help the project move forward and would be acceptable to the County. Minutes of Regular Session Held Thursday, May 8, 2003 • During the discussion, Commissioner Marcus told the Council that it is up to the Village if it wants to take possession of Prosperity Farms Road, but the County has amended its Comprehensive Plan to show its intent to leave the road athree-lane road. If the County ever changes its intent in that regard, it will have to go through Public Hearings to take it to five lanes. Prosperity Farms Road would have to go to five lanes if U. S. 1 or Alternate AlA were to exceed capacity, but currently they are both functioning below fifty percent of their capacity. Ms. Marcus stated that if the Village tookjurisdiction, the County would not come in and five-lane the road without negotiating with the Village or paying the Village back for its investment. Under Village jurisdiction, the speed limit could be changed, but traffic-calming measures such as speed bumps would not be permissible due to the impact on other roads. Dennis Thomas of Miller Legg and Associates was present, and told the Council that the plan as developed by Kimley-Horn will have to be re-evaulated and refined to provide the end result that the Village desires. The Village Council directed the Prosperity Farms Road Committee to reconvene as soon as possible to review the project, and to come back with suggestions and/or a recommendation to the Council for a Phasing Plan. STATEMENTS FROM THE PUBLIC Michael Micochero of 538 Eastwind Drive addressed the Council regarding problems with garbage collection and rats, and loitering in the service alley which he believes to be drug users or dealers. He requested more code enforcement around the service alley behind his residence, as well as increased police patrol. Public Safety Director Duke Johnson was directed to investigate the problem reported by Mr. Micochero and report back to the Council regarding the matter. Bill McDermott, 447 Marlin Road, stated that he has not seen a correction to the General Employees Pension Board meeting wherein a motion was incorrectly attributed to Jane Lerner to retroactively approve a trip to a conference by the former Village Manager and the Finance Director. CONSENT AGENDA APPROVED Councilman Noel moved that the Consent Agenda be approved. Vice Mayor O'Meilia seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes of the Country Club Advisory Board meeting held 4/7/03 Received for file the Minutes of the General Employees Pension Board meeting held 4/9/03 • Received for file the Minutes of the Library Advisory Board meeting held 4/22/03 2 Minutes of Regular Session Held Thursday, May 8, 2003 • Approved budget transfer of $10,000 from A7020-11210 (Sanitation-Regular Pay) to A7020- 35218 (Sanitation-Auto Parts Supplies) to cover unexpected major repairs and provide for remainder of budget year Confirmed emergency purchases totaling $3,334.33 for repair of ball picker at driving range and air-conditioning repair in lounge at the North Palm Beach Country Club, per RCA dated 4/24/03. VILLAGE MANAGER'S REPORT Acting Village Manager Doug Smith gave a status report on various projects, including a report that 12 or 13 applications had been received from Executive Search firms. By consensus, the Council agreed that Councilman Noel, Mayor Norris and Village Attorney George Baldwin will be three members of the committee to review and develop a shortlist of five applicants. They will also appoint a lay person and a person with experience as a Village Manager to be part of the committee, making up a committee of five members. Mr. Smith received direction from the Council which will allow individual residents to directly contract for dredging after Phase 2 of the Village's dredging contract is completed. The dredging contractor can then piggyback on the Village's permit. Village Attorney George Baldwin was directed to review again and report back to the Council at the next meeting. Further, a notice will be placed in the Village Newsletter to inform residents that they must contact the contractor directly regarding individual dredging. Discussion also included locations for the spoil. The County is in the process of filling a hole in Lake Worth, and the contractor has been advised to make contact with the County regarding this. The Council's first choice is that the fill be used by the County in Lake Worth; if it can't be barged out of the Village, the next choice for a disposal site would be Anchorage Park. Recreation Director Mark Hodgkins reported that he had responses from I1 artists who are interested in providing artwork on a rotating basis for display in the Village. He will bring a recommendation forward on a future agenda. The Council, by consensus, approved a trip to Auburn, Massachusetts as requested by a member of the Public Safety Department for additional certification of the department's canine. Captain Wiborg told the Council that the total amount needed for the trip will be approximately $600.00, and the travel account has enough money to fund it. During discussion with Public Services Director I{ristine Frazell on the status of the Village Hall renovation project, Ms. Frazell reported that some items are in question, and the liquidated damages are being narrowed down. Additionally, the Council requested that the top of the Council dais be removed for the purpose of lowering it. BILL 1102 -POLICE & FIRE PENSION BOARD AMENDMENT -APPROVED AS ORD. 13-03 • Councilman Noel moved that Bill 1102 entitled: 3 Minutes of Regular Session Held Thursday, May 8, 2003 • AIV 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, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR AN AMENDMENT TO THE NORMAL FORM OF RETIREMENT; PROVIDING FOR REDUCTION IN THE EARLY RETIREMENT FACTOR; PROVIDING FOR CHANGES TO THE DISABILITY RETIREMENT BENEFIT; PROVIDING FOR AMENDMENT TO THE OPTIONAL FORMS OF BENEFITS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR CODIFICATION Be placed on second reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 1102 be enacted as Ordinance 13-2003. Councilman Noel seconded the motion, and all present voted aye. BILL 1103 -CODE AMENDMENT -MOTORIZED SCOOTERS -ENACTED AS ORD. 14-03 Councilman Eissey moved that Bill 1103 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 18. MOTOR VEHICLES AND TRAFFIC AT ARTICLE II, OPERATION OF VEHICLES GENERALLY, CREATING A NEW SECTION 18-20. TO BE ENTITLED "MOTORIZED SCOOTERS" PROVIDING FOR DEFINITIONS, REGULATIONS, APPLICABLE TO THE OPERATION AND USE OF MOTORIZED SCOOTERS, PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING FOR AN EFFECTIVE DATE. Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. President Pro Tem Tringali moved that Bill 1103 be enacted as Ordinance 14-2003. Councilman Noel seconded the motion, and all present voted aye. BILL 1104 -BUDGET APPROPRIATION FOR GOLF COURSE MASTER PLAN STUDY - PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 1104 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR 2002-2003 • TO APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FOR GOLF COURSE MASTER PLAN STUDY 4 Minutes of Regular Session Held Thursday, May 8, 2003 • Be placed on first reading and read by title alone. Councilman Noel seconded the motion, and all present voted aye. OSBORNE PARK BUILDING RENOVATION Councilman Eissey moved to approve the preliminary costs for design services and construction plans for the Osborne Park Building renovation. Vice Mayor O'Meilia seconded the motion. During discussion, Bill Beebe, Architect for the renovation, told the Council that using prefabricated restrooms would be cost prohibitive at $150,000 or more. He also told the Council that the property lines need defining. Thereafter, the motion passed 5-0. SOLE SOURCE PURCHASE -PESTICIDE FOR MOLE CRICKET INJECTION Councilman Noel moved to approve a sole source purchase of Chipco Choice pesticide from Bayer Environmental Science for mole cricket injection at the North Palm Beach Country Club golf course. Vice Mayor O'Meilia seconded the motion, and all present voted aye. DONATION APPROVED FOR NORTH PALM BEACH ELEMENTARY SCHOOL TEACHERS Councilman Noel moved to approve a request fora $500 donation to teachers from the North Palm Beach Elementary School to purchase materials at the International Reading Association Convention. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Councilman O'Meilia voting nay. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:55 p.m. F. Kelly, Village Clerk r ~ L_J 5