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06-09-2011 VC REG-MMINUTES OF TIIE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA ,JUNE 9, 20I1 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor William L. Manuel, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Len Rubin, Village Attorney Jimmy Knight, Village Manager Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Manuel gave the invocation and Mayor Aubrey led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Special Session held 5/26/11 and the Regular Session held 5/26/11 were approved as written. FIRST READING OF ORDINANCE 2011-11 -CODE AMENDMENT -FLOATING DOCKS IN THE NORTH PALM BEACH WATERWAY A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt on first reading Ordinance 2011-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "DOCKS AND PIERS," OF ARTICLE III, "CONSTRUCTION REQUIREMENTS," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 5- 84, "REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS TO EXTEND A MAXIMUM OF TEN (10) FEET FROM THE BULKHEAD IN THE NORTH PALM BEACH WATERWAY AND TO RESTRICT THE MOORING OF VESSELS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. • Discussion ensued on the definition of "bulkhead wall," and whether distance is measured from the waterside face of the seawall panel or the seawall cap face. A suggestion was made to use the U.S. Army Corps of Engineers definition. Mr. Rubin noted the term "bulkhead wall" was used for consistency with the rest of Chapter 5. Village Planner Jodi Nentwick advised that staff interprets "bullchead wall" as the actual panel wall, not the cap. Mr. Rubin will codify the current interpretation. Minutes of Village Council Regular Session held June 9, 2011 Page 2 of 4 FIRST READING OF ORDINANCE 2011-11 -CODE AMENDMENT -FLOATING DOCKS IN THE NORTH PALM BEACH WATERWAY continued Discussion took place concerning applying the extension to fixed docks as well as floating docks. It was noted the ordinance prohibits permanent mooring at floating docks. Thereafter, the motion to adopt Ordinance 2011-11 on first reading passed unanimously FIRST READING OF ORDINANCE 2011-12 -BUDGET AMENDMENT -SOUTHWEST NEIGHBORHOOD SIDEWALKS AND STREETLIGHTS PROJECT A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2011-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2010-2011 TO APPROPRIATE $431,992.00 TO FUND SIDEWALK AND LIGHTING IMPROVEMENTS IN THE SOUTHWESTERN RESIDENTIAL NEIGHBORHOOD AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight noted Council consensus to obtain detailed engineered drawings for the project, which would then be brought back to Council and shared with residents. Mr. Knight advised that because the project was not included in the FY 2011 General Fund Budget, a budget amendment is necessary to appropriate funds for the project. Mr. Knight noted that should the project not go forward, all monies remaining in the account at year-end would return to the General Fund Undesignated Reserve Account. Thereafter, the motion to adopt Ordinance 2011-12 on first reading passed unanimously. CONSENT AGENDA Vice Mayor Norris moved to approve the consent agenda. The motion was seconded by Councilman Hernacki and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the Police and Fire Pension Board meeting held 2/15/11 Receive for file Minutes of the Golf Advisory Board meeting held 4/11/11 RESOLUTION 2011-23 -ONLINE PUBLIC RECORDS SOFTWARE PURCHASE A motion was made by Vice Mayor Norris, seconded by President Pro Tem Manuel, and passed unanimously to adopt Resolution 2011-23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF LASERFICHE WEBLINK SOFTWARE AND SUPPORT SERVICES FROM MCCi TO PROVIDE ONLINE • SEARCH AND RETRIEVAL OF PUBLIC RECORDS; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE BUDGET FOR FISCAL YEAR 2010-2011 TO TRANSFER $10,904.00 FROM THE VILLAGE CLERK ELECTION EXPENSE ACCOUNT TO THE VILLAGE CLERK CONTRACTUAL SERVICE AND COMPUTER HARDWARE AND SOFTWARE ACCOUNTS TO FUND SUCH PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held June 9, 2011 Page 3 of 4 RESOLUTION 2011-24 -PUBLIC SAFETY PATROL VEHICLES PURCHASE A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki, to adopt Resolution 2011-24 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF TWO 2011 DODGE CHARGER UNMARKED PATROL VEHICLES AND ONE 2011 FORD CROWN VICTORIA POLICE INTERCEPTOR MARKED PATROL VEHICLE PURSUANT TO STATE CONTRACT NO. 071-000-11-1; DECLARING SPECIFIED PUBLIC SAFETY VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion ensued regarding the performance of the Ford Crown Victoria in rear-end collisions. Public Safety Director Rob O'Neill advised that the new vehicles all have Kevlar trunk protection. Chief O'Neill confirmed that at delivery, the vehicles would be fully equipped. Thereafter, the motion to adopt Resolution 2011-24 passed unanimously. RESOLUTION 2011-25 -VILLAGE MANAGER APPOINTMENT AND AGREEMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki, to adopt Resolution 2011-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING JAMES S. TITCOMB TO SERVE AS VILLAGE MANAGER AND APPROVING AN AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF HIS EMPLOYMENT; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported the employment agreement waives the requirement that the manager attain residency in the Village within 120 days of his employment; however, pursuant to Section 2-115 of the Village Code, Council may revoke the waiver. Mr. Knight noted that in order to avoid any conflict with the provisions of the Agreement, and to comply with recent state legislation regarding severance pay, an ordinance repealing Section 2-116 of the Village Code would be brought forward for Council action. Discussion took place on Section 3.B of the Agreement regarding the beverage license. Mr. Rubin advised that the license is held in the name of the Village of North Palm Beach; however, the applicant must be the chief executive officer of the municipal corporation. Regarding the general release specified in Section 6.C.2, Mr. Rubin confirmed that the term "officers" refers to the Council. • Discussion ensued on Section 13.B and obligations of the Village in the event of death of the manager. It was suggested that payment of accrued salary be included. Mr. Rubin will add language to Section 13.B of the Agreement to clarify this obligation. Thereafter, the motion to adopt Resolution 2011-25 passed unanimously. Minutes of Village Council Regular Session held June 9, 2011 Page 4 of 4 FINAL CLOSEOUT OF POOL RESURFACING PROJECT • A motion was made by President Pro Tem Manuel, seconded by Vice Mayor Norris, and passed unanimously, to authorize .final payment to National Paving and Waterproofing in the amount of $17,611.70 for the pool resurfacing project. VILLAGE COUNCIL MATTERS/REPORTS A motion was made by Councilman Hernacki, seconded by Vice Mayor Norris, and unanimously approved to appoint Mayor Aubrey as the voting delegate and President Pro Tem Manuel as the alternate voting delegate (should one be necessary) for the Florida League of Cities Annual Conference in August. Discussion took place concerning suspension of code enforcement regarding the condition of grass, due to the drought. Mr. Knight suggested Council might wish to consider this option if the South Florida Water Management District imposes further watering restrictions. Discussion was held regarding the recommendation of the Planning Commission that Council consider a code amendment concerning the permissible size of recreational vehicles and boats parked on residential property. It was suggested that Council consider approving a zoning in progress while this issue is under review. Council will discuss boat and RV parking at an upcoming Workshop Session. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight discussed watering restrictions due to the current drought, the level of the C-17 canal, and the impact of both on irrigation of the Country Club grounds and golf course. Due to these factors, only golf course tees and greens will be irrigated. Mr. Knight reported on participation in the National League of Cities discount prescription card program, which provides residents discounts at participating pharmacies for prescriptions that are not covered by insurance. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:24 p.m. Melissa Teal, CMC, Village Clerk •