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02-14-2008 VC REG-Mu • MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 14, 2008 Present: Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Danyl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard 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 of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of the Special Session held 1/22/08, the Regular Session held 1/24/08, and the Special Session held 2/1/08 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2008-OS - DOMANI DEVELOPMENT FUNDING AGREEMENT 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 and enacted on second reading. Councilman Aubrey seconded the motion. Mayor Eissey opened the public heazing. There were no comments from the public. Mayor Eissey closed the public heazing. Thereafter, the motion to adopt and enact Ordinance 2008-OS on second reading passed unanimously. Bob Vail, President, Kolter Tower Division addressed the Council and presented the first installment payment required by the funding agreement. Minutes of Village Council Regular Session held February 14, 2008 Page 2 of 5 FIRST READING OF ORDINANCE 2008-06 -UNAUTHORIZED LODGING AND CAMPING • Vice Mayor Manuel moved that Ordinance 2008-06 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," OF ARTICLE I, "IN GENERAL," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A NEW SECTION 19-11, "UNAUTHORIZED LODGING AND CAMPING," TO RESTRICT LODGING IN SPECIFIED AREAS NOT INTENDED FOR SUCH PURPOSES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Aubrey seconded the motion. Discussion ensued on the definition of "conveyance" in Section 2 of the ordinance. Village Attorney Len Rubin explained that it is a term for a means of transport, such as a caz, truck, or train caz, which could be used as an occupiable space. Discussion was held concerning the closest homeless shelter, as well as institutions such as churches, which may have missionazies in town for a briefperiod. Thereafter, the motion to adopt Ordinance 2008-06 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 items were approved: Receive Minutes of Planning Commission meeting held 10/2/07 Receive Minutes of Planning Commission meeting held 11/6/07 Receive Minutes of Waterways Board meeting held 11/13/07 Recommendation: "that Village Staff be requested to monitor the Mazco Island case and status of appeals and notify the Village Attorney about enforcement by the Village ofthe State ordinance" (re municipal regulation ofnon-liveaboazd boats) Receive Minutes of Planning Commission meeting held 12/4/07 Receive Minutes of Waterways Boazd meeting held 12/20/07 Receive Minutes of Planning Commission meeting held 1/8/08 Receive Minutes of Library Advisory Board meeting held 1/22/08 RESOLUTION 2008-11 ADOPTED -GOLF ADVISORY BOARD 2ND ALTERNATE MEMBER Vice Mayor Manuel moved that Resolution 2008-11 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, APPOINTING A 2ND ALTERNATE MEMBER TO THE GOLF ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE be adopted, and that Tim Peters be appointed as the 2nd alternate member. President Pro Tem Norris seconded the motion and all present voted aye. Minutes of Village Council Regular Session held February 14, 2008 Page 3 of 5 • RESOLUTION 2008-12 ADOPTED -FLORIDA LIBRARY SERVICES AND TECHNOLOGY GRANT APPLICATION Vice Mayor Manuel moved that Resolution 2008-12 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING VILLAGE ADMINISTRATION TO TAKE ALL STEPS NECESSARY TO APPLY FOR A STATE OF FLORIDA LIBRARY SERVICES AND TECHNOLOGY GRANT FOR THE PURPOSE OF FUNDING THE ACQUISITION AND IMPLEMENTATION OF A NEW LIBRARY AUTOMATION SYSTEM; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENTS NECESSARY TO EFFECTUATE THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. Discussion took place on the amount of grant funds requested, the required matching funds, and the cost of the automation system. Library Director Donna Riegel explained that the estimated cost for the entire project is $36,000, which includes staff training and the purchase of a server (if necessary); therefore, the Village will be requesting less than $36,000 from the state. It was noted that if the grant is not awazded, purchase of the automation system would require a separate vote by the Village Council. • Thereafter, the motion to adopt Resolution 2008-12 passed unanimously. RESOLUTION 2008-13 ADOPTED -RECLAIMED METERING CONTROL PANEL PURCHASE Vice Mayor Manuel moved that Resolution 2008-13 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE PURCHASE OF A RECLAIMED METERING CONTROL PANEL FROM DATA FLOW SYSTEMS TO FACILITATE THE USE OF RECLAIMED WATER; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. Mr. Knight reviewed the costs associated with the installation ofthe reclaimed water supply line to the Country Club. Mr. Knight noted that the reclaimed metering control panel is proprietary to the Seacoast system and will be purchased from Data Flow Systems. Discussion took place on the purpose of the three monitoring wells. Mr. Knight reported that the small monitoring wells will be in the irrigation pond to monitor reclaimed water into the freshwater system, as well as the height and level of the lake, and it is a requirement for use of reclaimed water. • Thereafter, the motion to adopt Resolution 2008-13 passed unanimously. Minutes of Village Council Regular Session held February 14, 2008 Page 4 of 5 • RESOLUTION 2008-14 ADOPTED - MUNIS SOFTWARE SUPPORT AND LICENSE AGREEMENT Vice Mayor Manuel moved that Resolution 2008-14 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN ANNUAL SUPPORT AND LICENSE AGREEMENT WITH TYLER TECHNOLOGIES, INC. FOR MUNIS SOFTWARE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pm Tem Norris seconded the motion. Discussion ensued regazding potential savings for amulti-year contract instead of an annual contract. Thereafter, the motion to adopt Resolution 2008-14 passed unanimously. SETTLEMENT AGREEMENT AND MUTUAL RELEASE Councilman Hemacki moved to accept and authorize a Settlement Agreement and Mutual Release between Florida Blacktop, Inc., Hartford Casualty Insurance Company, and the Village ofNorth Palm Beach. President Pro Tem Norris seconded the motion. • Discussion was held regarding whether to pay the settlement costs out of Council Contingency or undesignated reserves. Council consensus was to use the undesignated reserve account. Thereafter, the motion to accept and authorize the agreement passed unanimously. COUNCIL MATTERS Vice Mayor Manuel recognized Kim Pollard, who gave an update on the Village's Support Our Troops program VILLAGE MANAGER MATTERS Mr. Knight gave a preliminary overview of General Fund and Country Club expenses, as well as an update on Country Club memberships and golf rounds. Mr. Knight reported that the Village recently received reimbursement in the amount of $168,086.60 from the Board of Country Commissioners for the Prosperity Farms Road Beautification Project. Mr. Knight advised that the Village has submitted its final reimbursement request in the amount of$107,747.71 to Palm Beach County. Mr. Knight announced that the North Palrn Beach Library was approved for $24,857 from the State Aid to Librazies grant. • Mr. Knight reported on activity on the Village's new website. Mr. Knight reviewed the status of the reclaimed water line installation. Minutes of Village Council Regular Session held February 14, 2008 Page 5 of 5 • Mr. Knight discussed scheduling a meeting of the newly formed Golf Advisory Boazd and requested Council guidance on whether to have a councilman or the Village Manager give direction to the Board with regard to its duties and functions at its first meeting. By consensus, the Council asked the Village Manager to provide direction to the Golf Advisory Board. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:18 p.m. ~- Melissa Teal, CMC, Village Cler c u •