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07-14-2011 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 14, 2011 Present: Darryl C. Aubrey, Sc.D., 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 Absent: David B. Norris, Vice Mayor ROLL CALL Mayor Aubrey called the- meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Councilman Hernacki led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Regular Session held 6/23/11 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2011-13 -ANNUAL UPDATE TO FIVE-YEAR SCHEDULE OF IMPROVEMENTS A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt and enact on second reading Ordinance 2011-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF IMPROVEMENTS SET FORTH IN THE CAPITAL IMPROVEMENTS ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN AS REQUIRED BY STATE STATUTE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. • Thereafter, the motion to adopt and enact Ordinance 2011-13 on second reading passed unanimously. Minutes of Village Council Regular Session held July 14, 2011 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE 2011-114 -CODE AMENDMENT - • VILLAGE MANAGER A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2011-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE IV, "MANAGER," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY REPEALING SECTION 2-116, "REMOVAL," IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin confirmed the Florida Legislature has set a cap of 20 weeks on the amount of severance that can be paid to any municipal employee. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2011-14 on second reading passed unanimously. CONSENT AGENDA President Pro Tem Manuel moved to approve the consent agenda. The motion was seconded by Councilman Gebbia and passed unanimously. The consent agenda included the following items: Receive for file Minutes ofthe Waterways Board meeting held 5/24/11 Receive for file Minutes ofthe Ad Hoc Business Advisory Committee meeting held 6/1/11 Receive for file Minutes of the Golf Advisory Board held 6/13/11 RESOLUTION 2011-28 -CONTRACT-AWARD FOR SIDEWALK REPLACEMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-28 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE ANNUAL REPLACEMENT OF DESIGNATED SIDEWALKS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that this project was initially planned for FY 2012; however, sufficient funds are available in the capital improvement account to allow completion during the current fiscal year. Mr. Knight explained that, as provided for in Village purchasing procedures, the Village would be piggy backing an existing contract that was competitively bid by Palm Beach County. • Thereafter, the motion to adopt Resolution 2011-28 passed unanimously. Minutes of Village Council Regular Session held July 14, 2011 Page 3 of 4 RESOLUTION 2011-29 - APPOINTING REPRESENTATIVE TO SEACOAST UTILITY AUTHORITY • A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING JAMES S. TITCOMB TO SERVE AS THE VILLAGE'S REPRESENTATIVE ON THE GOVERNING BOARD OF THE SEACOAST UTILITY AUTHORITY; PROVIDING THAT COMPENSATION DESIGNATED BY THE BOARD SHALL BE PAYABLE TO THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. During discussion, Mr. Knight advised that the Governing Board of Seacoast Utility Authority is comprised of Lake Park, Palm Beach Gardens, Juno Beach, North Palm Beach, and Palm Beach County, with the Village's voting percentage at 12%. Thereafter, the motion to adopt Resolution 2011-29 passed unanimously. RESOLUTION 2011-30 -CONSULTING AGREEMENT WITH JAMES W. KNIGHT, JR. A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONSULTING AGREEMENT WITH JAMES W. KNIGHT, JR. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place regarding transfer of the Country Club liquor license, as well as the transition phase and consulting agreement. Thereafter, the motion to adopt Resolution 2011-30 passed unanimously. RESOLUTION 2011-31 -TENNIS PRO SHOP LEASE AGREEMENT AMENDMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt Resolution 2011-31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH TENNIS AND MORE, LLC, TO CONDUCT TENNIS PRO SHOP SERVICES AT THE VILLAGE TENNIS CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported the lease agreement with Tennis and More, LLC to provide tennis pro shop services at the North Palm Beach Country Club Tennis Center expires September 30, 2011. • Mr. Knight explained provisions of the proposed lease amendment. Thereafter, the motion to adopt Resolution 2011-30 passed unanimously. Minutes of Village Council Regular Session held July 14, 2011 Page 4 of 4 VILLAGE COUNCIL MATTERS/REPORTS • Councilman Hernacki praised staff for the Fourth of July event, particularly rearrangement of the traffic flow from that of previous years. Councilman Hernacki reported positive comments from residents regarding the new street signs. President Pro Tem Manuel acknowledged the number of staff present for Mr. Knight's last meeting as Village Manager and thanked them for their efforts on behalf of the Village. Mayor Aubrey called on Director of Information Technology Michael Applegate. Mr. Applegate made a statement on behalf of the Department Directors and presented Mr. Knight with an Excellence in Leadership Award. Mayor Aubrey expressed gratitude to Mr. Knight for all his contributions to the Village. VILLAGE MANAGER MATTERS/REPORTS Regarding the water shortage, Mr. Knight reported that due to recent rains, the Village is back in the safe zone, with the C-17 canal level at 6.87 feet. Mr. Knight expressed appreciation to the Council for wise guidance and steadfast support during his tenure as Village Manager. Mr. Knight thanked all employees for their support and for their untiring and unwavering commitment to the Village. Mr. Knight acknowledged the hard work, loyalty, and leadership of the department heads. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:14 p.m. G~ ~~~~~ Melissa Teal, CMC, Village Clerk •