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01-24-2008 VC REG-M• • • MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 24, 2008 Present Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Darryl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonazd Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present. All members ofstaffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation and Councilman Aubrey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Eissey presented a certificate and check to Lieutenant Joseph McKinnis of the Public Safety Department in recognition of his 20 yeazs of service. APPROVAL OF MINUTES The minutes ofthe Regulaz Session held 1/10/08 were approved as written. STATEMENTS FROM THE PUBLIC Support Our Troops volunteers Kim Pollazd and Beth Gebbia requested Council approval to foster the Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, a group of approximately 170 soldiers presently stationed in Tiji, Iraq. By consensus, the Council approved this request. SECOND READING AND ENACTMENT OF ORDINANCE 2008-03 -ELECTIONS CODE AMENDMENT Councilman Aubrey moved that Ordinance 2008-03 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," AND ARTICLE IV, "POLLING PLACE" AND REPEALING ARTICLE III, "INSPECTORS AND CLERK," OF CHAPTER 10, "ELECTIONS," OF THE VILLAGE CODE OF ORDINANCES TO REMOVE SUPERSEDED LANGUAGE AND OTHERWISE CONFORM TO STATE LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Vice Mayor Manuel seconded the motion. Minutes of Village Council Regular Session held January 24, 2008 Page 2 of 6 Mayor Eissey opened the public hearing. There were no comments from the public. Mayor • Eissey closed the public heazing. Thereafter, the motion to enact Ordinance 2008-03 passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2008-04 -FLOATING DOCKS CODE AMENDMENT Vice Mayor Manuel moved that Ordinance 2008-04 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 5-83, "MINIMUM DESIGN REQUIREMENTS," AND SECTION 5-85, "REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS IN LAKE WORTH AND THE ATLANTIC OCEAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Aubrey seconded the motion Mr. Knight rewmmended retaining the stipulated maximum and minimum width of piers in subsection 7 of Section 5-85. • Mayor Eissey opened the public heazing. Michael Tammaro, representing Old Port Cove Holdings, noted completion ofNorth Palm Beach Mazina and the North Mazina at Old Port Cove, and the planned submission for renovation of the South Marina. Mr. Tammazo questioned whether the proposed change would apply to commercial facilities, since the piers at Old Port Cove aze wider than ten feet. Mr. Knight opined that although Section 5-85 does not specify residential or commercial, the intent is to regulate residential construction. Discussion ensued on revising Section 5-85(7) to insert the word `Yesidential" with regazd to maximum and minimum width of piers. Discussion took place on regulations for commercial mazinas, as well as where commercial marinas maybe located. Village Attorney Len Rubin advised that the Council could declaze a "zoning-in-progress" while commercial regulations are under review. With no further comments from the public, Mayor Eissey closed the public hearing. Discussion on revising regulations for commercial marinas will be placed on a Workshop agenda at a later date. • By consensus, the Council revised Ordinance 2008-04 by adding the word `Yesidential" in Section 5-85, to read "all residential piers." By Council consensus, Section 7 was not deleted as proposed, but was kept in its entirety. Thereafter, the motion to adopt and enact Ordinance 2008-04 on second reading passed una~rhrmusly. Minutes of Village Council Regular Session held January 24, 2008 Page 3 of 6 FIRST READING OF ORDINANCE 2008-05 -FUNDING AGREEMENT WITH DOMANI • DEVELOPMENT.LLC Vice Mayor Manuel moved that Ordinance 2008-OS entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FUNDING AGREEMENT WITH DOMANI DEVELOPMENT LLC TO ADOPT A REVISED SCHEDULE FOR THE PAYMENT OF A MONETARY CONTRIBUTION IN LIEU OF THE DEDICATION OF LAND FOR PUBLIC USES WITHIN THE DOMANI PLANNED UNIT DEVELOPMENT AND AMENDING ORDINANCE NO. 14-2005, AS AMENDED, TO INCORPORATE SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. President Pro Tem Norris seconded the motion. Mr. Knight noted that Domani Development will execute the funding agreement prior to second reading of the ordinance. Mr. Knight confirmed that the agreement contains a provision that Domani will pay the full amount due to the Village prior to any sale ofthe property. Thereafter, the motion to adopt Ordinance 2008-OS on first reading passed unanimously. CONSENT AGENDA Vice Mayor Manuel moved to approve the consent agenda. President Pro Tem Norris seconded • the motion, which passed unanimously. The following item was approved: Receive Minutes ofRecreation Advisory Board meeting held 1/8/08 FINAL PAYMENT TO DELRAY GARDEN CENTER FOR PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT AUTHORIZED President Pro Tem Norris moved to remove from the table the motion to authorize final payment to Delray Gazden Center in the amount of $]0,482.00 for the Prosperity Farms Road Beautification Project. Vice Mayor Manuel seconded the motion, which passed unanimously. Mr. Knight reported that the total appropriated budget for the Prosperity Farms Road project was $1,305,000.00, with $1,235,802.49 spent by the Village to date. Mr. Knight advised that the Village has received reimbursements totaling $954,705.53. Mr. Knight discussed $97,265.71 in costs submitted to Palm Beach County, which were initially not deemed to be reimbursable, but have since been indicated for approval, including $36,428 for ground cover and $60,837.71 paid to Florida Blacktop for trees and shrubbery. These items will be resubmitted to Palm Beach County for reimbursement. Mr. Knight noted that upon Council approval, the final payment of $10,482 will be made to Delray Garden Center, and subsequently submitted to Palm Beach County for reimbursement. Mr. Knight advised that there is one outstanding reimbursement in the amount of $168,086.00 that has been submitted and reimbursement is expected to be received in approximately 30 days. Mr. Knight noted the only project costs not subject to reimbursement • are $162.00 for legal ads and $5,100.65 to SFRN. Mr. Knight reported a balance of$69,197.51 remaining from the original project budget. President Pro Tem Norris moved to approve final payment to Delray Garden Supply in the amount of$10,482.00. Vice Mayor Manuel seconded the motion. Minutes of Village Council Regular Session held January 24, 2008 Page 4 of 6 The Village Council noted that this is not the final closeout of the Prosperity Farms Road • Beautification Project, as other work remains to be done on the south end of the project. Discussion took place on the contractor's various applications for payment. It was noted that no dollar amount is specified for item 5, Retainage, on Application No. 1 and Application No. 2. Mr. Knight reported that Commissioner Marcus has expressed her desire to continue with the project, however an approved design plan must receive authorization from Seacoast Utilities, and must then move through the bidding process. Councilman Hernacki moved to amend the motion to authorize final payment to Delray Gazden Center in the amount of $10,482.00 for the Prosperity Farms Road Beautification Project by noting that this is closing out the Delray Garden Center aspect of the Project; that Application No. 2 is to be corrected to represent an application for every check paid to Delray Gazden Center, including the pending, final check; and that the Village will proceed with the Project, based on the remaining funding allocated for the Project, with possible additional funding to be provided by Palm Beach County. Councilman Aubrey seconded the motion to amend, which passed unanimously. Thereafter, the original motion, as amended, passed 4 - 1, with President Pro Tem Norris, Vice Mayor Manuel, Councilman Aubrey, and Mayor Eissey voting aye, and Councilman Hernacki voting nay. Mr. Knight advised that the Financial Assistance Agreement between the Village and Palm Beach County lapsed at the end of 2007. Mr. Knight requested Council consensus to allow the • Mayor to execute the new funding agreement on behalf of the Village. By consensus, Council approved execution of a new funding agreement. RESOLUTION 2007-08 ADOPTED -RECLAIMED WATER LINE INSTALLATION Vice Mayor Manuel moved that Resolution 2007-08 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION CORPORATION TO PROCEED WITH THE INSTALLATION OF A RECLAIMED WATER SUPPLY LINE TO THE COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Fro Tem Norris seconded the motion. Discussion took place on the time frame for completing the installation. It was requested that Council be provided a recap of the total cost for this project. Mr. Knight has already compiled an estimated cost projection for the water line installation and will provide it to the Council. • Discussion ensued on directional boring and its impact on the irrigation system. Public Works Director Wiley Livingston reported that it will be at a minimum depth of four to five feet and will avoid the irrigation system. Thereafter, the motion to adopt Resolution 2007-08 passed unanimously. Minutes of Village Council Regular Session held January 24, 2008 Page 5 of 6 \J • • RESOLUTION 2007-09 ADOPTED -LIFE AND LONG-TERM DISABILITY INSURANCE RATE REDUCTION Vice Mayor Manuel moved that Resolution 2007-09 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF THE STANDARD TO PROVIDE LIFE, ACCIDENTAL DEATH AND DISMEMBERMENT, LONG TERM DISABILITY AND SUPPLEMENTAL LIFE INSURANCE POLICIES FOR VILLAGE EMPLOYEES AND AUTHORIZING THE CANCELLATION OF EXISTING POLICIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Mr. Knight reported that The Standard's proposal provides for a decrease in the Village's annual premiums by 31.1%, which results in savings of $86,631 over athree-year contract term, while maintaining the same or greater benefit level for employees. Christian Bergstrom of the Gehring Group advised that The Standard is an A+ rated company. Thereafter, the motion to adopt Resolution 2007-09 passed unanimously. RESOLUTION 2007-10 ADOPTED -SUPPORTING FLORIDA LEAGUE OF CITIES LEGISLATIVE ISSUES Vice Mayor Manuel moved that Resolution 2007-10 entitled - A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT LEGISLATION PROTECTING MUNICIPAL AUTHORITY, ENSURING MUNICIPAL FISCAL STABILITY AND SUPPORTING MUNICIPAL HOME RULE DURING THE 2008 LEGISLATIVE SESSION; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion, and all present voted aye. COUNCIL MATTERS Brief discussion took place regarding meetings between the Village Manager and the Village's representative to the Seacoast Utility Authority Board of Directors. Discussion was held on proposed uses for $250,000 the Village will receive from Domani Development upon execution of the funding agreement. Mr. Knight confirmed that the money must be used for recreational purposes and recommended the money be used for a permanent tennis structure. By consensus, the Council agreed to earmark $250,000 toward construction ofa new tennis facility. VILLAGE MANAGER MATTERS Mr. Knight reported on the State Board of Administration and Evergreen investments. Minutes of Village Council Regular Session held January 24, 2008 Page 6 of 6 Mr. Knight gave an update on the status of the golf operation at the Country Club. • Mr. Knight reported on activity on the Village's new website. Mr. Knight announced receipt of $50,000 from the Palm Beach County Recreation Assistance Program for improvements at the pool. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:17 p.m. ~~~~~~ ~~~ ~~c Meliss Teal, CMC, Village Clerk u C J