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05-22-2008 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • MAY 22, 2008 Present: William Manuel, Mayor Darryl Aubrey, Sc.D. President Pro Tem Edward M. Eissey, Ph.D. Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, Vice Mayor ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who had a scheduling conflict. All members ofstaffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Aubrey gave the invocation and Mayor Manuel led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION • On behalf of the Village Council, Mayor Manuel presented a certificate and check to George Tookes, in recognition of his 20 years of service in the Public Works Department. APPROVAL OF MINUTES The minutes ofthe Regulaz Session held 5/8/08 were approved as written. STATEMENTS FROM THE PUBLIC Students from the sophomore Government and Voluntary Public Service class at Suncoast Community High School addressed the Council conceming recycling and presented the Village with posters on this topic. Mayor Jack McDonald, Town of Pahn Beach, addressed the Council concerning the Let Us Vote Political Action Committee. Mayor McDonald explained the mission ofLet Us Vote is to amend the Palm Beach County Charter so that any future County Charter amendments that seek to transfer or limit a function, service, power, or authority of individual municipalities would require approval of a majority of voters in the municipality and in the County, thus giving a municipality the ability to "opt-out" of Charter amendments which may not be in its best interest. Mayor McDonald advised that the amendment proposed by Let Us Vote is on the November 2008 ballot and Let Us Vote has requested financial suppoR from the cities equivalent to twice their Palm Beach County League of Cities dues, which funds will be used for a public information campaign. • Laura Corry, Lead Intergovernmental Representative for the South Florida Water Management District gave a presentation on local government water supply planning requirements, which require municipalities to identify how future water supply needs will be met; prepaze a 10-yeaz water supply facilities work plan; and amend the local comprehensive plan by August 2008. Ms. Corry clarified that even municipalities without a water facility must meet these state requirements. Minutes of Village Council Regular Session held May 22, 2008 Page 2 of 5 CONSENT AGENDA • Councilman Hernacki moved to approve the wnsent agenda. Councilman Eissey seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Waterways Boazd meeting held 3/18/08 Receive Minutes of Code Enforcement Board meeting held 5/5/08 Receive Minutes of Golf Advisory Boazd meeting held 5/12/08 Receive Minutes of Recreation Advisory Board meeting held 5/13/08 RESOLUTION 2008-34 ADOPTED -VILLAGE ENGINEERING SERVICES Councilman Eissey moved that Resolution 2008-34 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTINUING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH WANTMAN GROUP, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Village Attorney Len Rubin reviewed the definition of "continuing contract" in Section 287.055, • Florida Statutes ("Consultants' Competitive Negotiation Act" or "CCNA".) Mr. Rubin explained that the provisions in Section 3.B of the contract aze also a requirement of the CCNA. Discussion took place on chazges for routine calls concerning project status. Mr. Rubin noted Section 7.A of the contract provides that the Village will not be billed for such communications. Councilman Hernacki disclosed that his engineering firm has not received or given money to any of the principals of Wantman Group Inc.. Thereafter, the motion passed with all present voting aye. RESOLUTION 2008-35 ADOPTED - INTERLOCAL AGREEMENT TO ACCESS COUNTY RADIO SYSTEM Councilman Hernacki moved that Resolution 2008-35 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR VILLAGE ACCESS TO THE COUNTY'S 800 MHZ TRUNKED RADIO SYSTEM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; TERMINATING THE VILLAGE'S MEMBERSHIP IN THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM ("MPSCC") AND REPEALING ALL RESOLUTIONS RELATING TO SUCH PARTICIPATION AND THE PLEDGE OF THE • VILLAGE'S $12.50 TRAFFIC FINE REVENUES TO THE MPSCC PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be adopted. President Pro Tem Aubrey seconded the motion. Minutes of Village Council Regular Session held May 22, 2008 Page 3 of 5 INTERLOCAL AGREEMENT TO ACCESS COUNTY RADIO SYSTEM continued • Discussion took place concerning the "12.50" fund, which Mr. Knight explained is a Palm Beach County communications fund that receives $12.50 from each traffic citation, and was established with the goal of having all emergency dispatch on an 800 megahertz system. Mr. Knight stated that municipalities may withdraw money from the fund for systems that are accepted by the County. Mr. Knight clarified that the Village currently has $154,000 in the fund, which will be used to pay aone-time fee to access the County system and to defray a portion of the equipment cost. Mr. Knight noted that future $12.50 fund monies will be used for annual maintenance costs. Thereafter, the motion to adopt Resolution 2008-35 passed unanimously. RESOLUTION 2008-36 ADOPTED - 800 MHz RADIO SYSTEM EQUIPMENT PURCHASE Councilman Eissey moved that Resolution 2008-36 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF RADIOS, DISPATCH CONSOLES AND RELATED EQUIPMENT AND SERVICES TO FACILITATE PARTICIPATION IN THE PALM BEACH COUNTY 800 MHZ TRUNKED RADIO SYSTEM AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE A BUDGET AMENDMENT RELATING TO THE PURCHASE OF SUCH EQUIPMENT AND SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pm Tem Aubrey seconded the motion, which passed unanimously. • RESOLUTION 2008-37 ADOPTED -PROSPERITY FARMS RD BEAUTIFICATION PROJECT Councilman Hernacki moved that Resolution 2008-37 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY MCCABE BROTHERS CONSTRUCTION, INC. FOR PHASE IV OF THE PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion. Discussion ensued on the locations to be planted. Public Works Director Wiley Livingston reported that the majority of plants will be installed south of the Earman River Bridge, with additional trees planted at certain intersections, such as Dogwood Road, Buttonwood Road, and Teal Way. Discussion took place regarding irrigation. Mr. Livingston noted that the contract provides for two months of watering -after that it is the responsibility of the homeowner to maintain the vegetation. Mr. Livingston advised that Public Works also does additional watering, as needed, when they notice stressed plants. Mr. Livingston reported that the planting sites will be amended with good soil, fertilizer, and water retention crystals. Discussion ensued on number of trees to be planted, the one-year warranty, and the amount of money due to be reimbursed as well as the funds remaining in the capital account. It was suggested that any appropriated funds remaining after completion of the project be used to purchase additional equipment for the truck Public Works uses for watering. Thereafter, the motion to adopt Resolution 2007-38 passed unanimously. Minutes of Village Council Regular Session held May 22, 2008 Page 4 of 5 RESOLUTION 2008-38 ADOPTED -STREET OVERLAY PAVING CONTRACT • Councilman Eissey moved that Resolution 2008-38 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AWARDING A CONTRACT TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE OVERLAY PAVING OF VILLAGE STREETS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion. Public Works Director Wiley Livingston reported that this is a fixed-price contract, however, the work is monitored, and any asphalt left over after paving the specified streets will be used for additional paving. Mr. Livingston advised that the project is expected to take one month, and will be performed in conjunction with the storm drain repairs on Dogwood Road. Thereafter, the motion to adopt Resolution 2008-38 passed unanimously. RESOLUTION 2008-39 ADOPTED -SANCTUARY COVE PHASE II PUD MODIFICATION Councilman Eissey moved that Resolution 2008-39 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR MODIFICATION TO THE SANCTUARY COVE PHASE II PLANNED UNIT DEVELOPMENT TO PROVIDE FOR THE EXTENSION • OF THE EXISTING PIER; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. During discussion, it was noted that a property line survey should be obtained as part of the permitting process. Building Official Jerry Smith concurred. Mr. Smith advised that as part of the original PUD, the applicant requested 11 boat slips; however, this was later reduced to one slip, and it remains as aone-slip pier. Mr. Smith confirmed that the developer met all the state permitting requirements and received approval of all the applicable state agencies. Mr. Smith confirmed that the pier will not extend past the existing seawall. Thereafter, the motion to adopt Resolution 2008-39 passed unanimously. COUNCIL MATTERS Mayor Manuel requested Council consider a contribution to the Let Us Vote PAC, to be paid out of Council contingency. By consensus, Council agreed to contribute $13,800. A budget amendment transferring the funds will be placed on the 6/12/08 Regulaz Session agenda. Mayor Manuel encouraged the Council to share information about the Wolfhound Day event on June 11, 2008 with their constituents and local businesses. Mayor Manuel noted that the public can access information on this event through the link on the Community Calendar webpage. • VILLAGE MANAGER MATTERS Mr. Knight reported receipt of $39,550.09 as reimbursement for the Florida Inland Navigation District (FIND) project at Lakeside Pazk. Minutes of Village Couucil Regular Session held May 22, 2008 Page 5 of 5 VILLAGE MANAGER MATTERS continued • Mr. Knight advised that, pursuant to the Florida Department of Transportation inspection report dated 5/9/08, the cost of repairs to Lighthouse Bridge and Monet Bridge might exceed $122,000 for both bridges. Mr. Knight noted that $200,000 was appropriated for the project. Mr. Knight reported that work will begin 6/9/08, and depending on the extent of the damage to Lighthouse Bridge and the method used for repair, there is the potential to lose use of the bridge for a limited amount oftime. Mr. Knight confirmed that because Engenuity Group did the initial engineering work, they will stay with the project until completion. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:12 p.m. Melissa Teal, CMC, Village Clerk • C J