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07-10-2008 VC REG-M• MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 10, 2008 Present: William Manuel, Mayor David B. Norris, Vice 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 ROLL CALL Mayor Manuel 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 Councilman Eissey gave the invocation and Vice Mayor Norris 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 Public Works employee Bret Marks in recognition of his 20 years of service to the Village. APPROVAL OF MINUTES The minutes of the Special Session held 6/20/08 and the Regular Session held 6/26/08 were approved as written. STATEMENTS FROM THE PUBLIC Lou Piccioli, 155 Yacht Club Drive, addressed the Council concerning donating a tree at the Country Club golf course in memory of a former golf member who recently passed away. Mr. Knight and Duector of Golf Operations Mike Gray will coordinate with Mr. Piccioli on the donation and memorial plaque. CONSENT AGENDA Councilman Eissey moved to approve the consent agenda. Vice Mayor Norris seconded the motion, which passed unanimously. The following items were approved: • Receive Minutes of Recreation Advisory Board meeting held 6/10/08 Minutes of Village Council Regular Session held July 10, 2008 Page 2 of 4 • RESOLUTION 2008-50 ADOPTED -COMPREHENSIVE PLAN AMENDMENT -WATER SUPPLY FACILITIES WORK PLAN Councilman Eissey moved that Resolution 2008-50 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ADOPTING THE VILLAGE'S TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND DIRECTING VILLAGE ADMINISTRATION TO PREPARE THE NECESSARY AMENDMENTS TO INCORPORATE THE WORK PLAN INTO THE VILLAGE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Village Planning Consultant Jim Fleischmann, of Land Research Management, Inc. was present to review the Ten-Year Water Supply Facilities Work Plan. Brief discussion took place on population projections on page 6. Mr. Fleischmann noted that the University of Florida issues annual population estimates, and advised that the projections aze ftom the Village's Evaluation and Appraisal Report. The following corrections were noted: Page 2, subsection B, ¶1, 2nd sentence, change "[o" to "by"; Page 8, ¶1, delete Allamanda Elementary School and St. Mark's Episcopal School; Page 9, • Table 5, add North Palm Beach Country Club. Thereafter, the motion to adopt Resolution 2008-50 passed with all present voting aye. RESOLUTION 2008-51 ADOPTED -SUPPORTING "NICOLE HORNSTEIN ACT" Vice Mayor Norris moved that Resolution 2008-51 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA EVIDENCING ITS INTENT TO ENCOURAGE AND PROVIDE SUPPORT FOR PROPOSED FLORIDA LEGISLATION ENTITLED THE "NICOLE HORNSTEIN ACT" CONCERNING EQUINE ACTIVITIES AND PROTECTIVE MEASURES FOR MINORS RIDING HORSES ON PUBLIC ROADWAYS OR PUBLIC TRAILS BY REQUIRING THE WEARING OF A HELMET OR SIMILAR HEADGEAR PROTECTION; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion. Councilman Hernacki expressed concern with attempting to legislate pazental action when there is a penalty to the parent if the child does not comply. Thereafter, the motion to adopt Resolution 2008-51 passed 4 - 1, with Vice Mayor Norris, • Councilman Eissey, Mayor Manuel, and President Pm Tem Aubrey voting aye, and Councilman Hernacki voting nay. Minutes of Village Council Regular Session held July 10, 2008 Page 3 of 4 • RESOLUTION 2008-52 ADOPTED -FLORIDA RECREATION ASSISTANCE PROGRAM GRANT AGREEMENT FOR TENNIS FACILITY IMPROVEMENTS Councilman Eissey moved that Resolution 2008-48 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT FUNDS RELATING TO IMPROVEMENTS AT THE VILLAGE TENNIS COMPLEX; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE BOTH THE PROJECT AGREEMENT AND A BUDGET AMENDMENT TO TRANSFER $135,611 IN MATCHING FUNDS FROM THE VILLAGE'S UNRESERVED, UNDESIGNATED FUND BALANCE; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Mr. Knight reported that the Village has received a $135,611 grant from the Florida Recreation Development Assistance Program (FRDAP) for the Country Club Tennis Facility, to include landscaping, tennis court renovations, picnic facilities, restrooms and other related support facilities. Mr. Knight noted that this is a matching grant, which requires a budget amendment to transfer $135,611 from the Unreserved Undesignated Fund to the Tennis -Construction & Major Renovation account. Mr. Knight advised a portion of the grant may be used for construction costs. • Discussion took place regarding using $250,000 already appropriated for the project as the grant match. Mr. Knight explained the auditors require that the Village show an actual budget amendment appropriating the matching funds when a grant is accepted. Mr. Knight noted that any funds remaining when the project is completed will go back into the undesignated account. Thereafter, the motion to adopt Resolution 2008-52 passed unanimously. COUNCIL MATTERS Mayor Manuel acknowledged Support Our Troops volunteers for shipping baseball equipment to our fostered military unit in Iraq, and noted the appreciative message received from the troops. Mayor Manuel announced the Village is sponsoring the Palm Beach County League of Cities General Membership meeting at the Country Club on July 23, 2008. Mayor Manuel reminded council members to contact the Clerk if they wish to serve on one of the five legislative councils of the Florida League of Cities. Councilman Hernacki requested that an investigation be done to determine ownership of the portion of land between the sidewalk and the property line for the area along Prosperity Farms Road that abuts Palm Lane and Pepperwood Circle. Councilman Hemacki expressed concern • with maintenance of this area, which is not on the property owners' surveys and is not claimed by Palm Beach County. Council consensus was to have the Village Attorney provide an estimate for the cost ofperforming a title search. Minutes of Village Council Regular Session held July 10, 2008 Page 4 of 4 • By consensus, the Council agreed to cancel the August 14, 2008 Regular Session. Mayor Manuel, President Pro Tem Aubrey, and Councilman Hernacki will be attending the Florida League of Cities Annual Conference in Tampa on August 14th. VILLAGE MANAGER MATTERS Public Works Director Wiley Livingston reported on alternatives for repairing the approach slabs to Lighthouse Bridge. Mr. Livingston has obtained proposals from Engenuity Group, Inc. and Wantman Group, Inc., and advised that replacing the approach slabs is recommended. Mr. Livingston reported that this will necessitate closing Lighthouse Bridge for 15-30 days, and will cost approximately $100,000. Mr. Livingston advised that there funds aze available in the budget for the cost of the work. Mr. Knight notified the Council oftwo change orders for the Osborne Park Recreation Building, including $501 to install drywall instead of a drop ceiling in the restrooms, and a credit of $7,821 related to plumbing. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:00 p.m. Melissa Teal, CMC, Village Clerk ' u