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03-08-2007 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • MARCH 8, 2007 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Darryl Aubrey, Councilman Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Jimmy Knight, Public Safety Director RnT,T. CAT.T, Mayor Norris 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 Councilman Aubrey gave the invocation and Vice Mayor Eissey led the public in the Pledge of Allegiance to the Flag. • AWARDS AND RECOGNITION Mayor Norris introduced Michele Winters, who is participating in the Mrs. Florida USA Continental Pageant as Mrs. North Palm Beach. Mayor Norris recognized retiring Councilman Charles O'Meilia for his 12 years of service on the Village Council, and additionally, his many years of service as Public Services Director prior to his election to the Council. Mayor Norris asked all present to join him in a standing ovation for Councilman O'Meilia. STATEMENTS FROM THE PUBLIC Roland and Laurie Samuelson, 1028 Country Club Drive, addressed the Council concerning noise from pumps installed on the golf course. Mr. Samuelson also expressed concern with the fence surrounding the pumps, which he deems unsightly. Council directed that staff investigate Mr. and Mrs. Samuelson's concerns. Tom Magill, 119 Atlantic Road, gave an update on Audit Committee activities. Fritz Bierschenck, 131 Dory Road North, asked the Council about the possibility of adding a question and answer section to the Village Newsletter to address questions from residents. It was requested that Chief Knight look into this. • DECLARATION OF EX PARTE COMMUNICATIONS Councilman Aubrey reported on a meeting with Carl Sabatello to preview plans for proposed development at the former Twin City Mall site. MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 8, 2007 APPROVAL OF MINUTES Minutes of the Regular Session held 2/22/07 were approved as written. BILL 1226 -VOLUNTARY ANNEXATION -1.79 ACRES - ENACTED AS ORDINANCE 2007-04 Vice Mayor Eissey moved that Bi111226 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 1.79 ACRES OF REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE AlA AND RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THE PROPERTY MEETS ALL LEGAL CRITERIA; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. President Pro Tem Manuel seconded the motion. Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion passed unanimously. Councilman O'Meilia moved to enact Bill 1226 as Ordinance 2007-04. President Pro Tem . Manuel seconded the motion, and all present voted aye. BILL 1227 -VOLUNTARY ANNEXATION - 0.35 ACRES - ENACTED AS ORDINANCE 2007-OS Councilman O'Meilia moved that Bill 1227 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING APPROXIMATELY 0.35 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THE PROPERTY MEETS ALL LEGAL CRITERIA; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion. Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion passed unanimously. • Councilman O'Meilia moved to enact Bill 1227 as Ordinance 2007-05. Vice Mayor Eissey seconded the motion, and all present voted aye. 2 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 8, 2007 BILL 1228 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT - 1.79 ACRES - PLACED ON FIRST READING • Vice Mayor Eissey moved that Bill 1228 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 1.79 ACRE PARCEL OF LAND LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE AlA AND RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CL/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, which passed unanimously. BILL 1229 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT - 0.35 ACRES - PLACED ON FIRST READING President Pro Tem Manuel moved that Bill 1229 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 0.35 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CL-O/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Aubrey seconded the motion, which passed unanimously. BILL 1230 -REZONING 1.79 ACRE PARCEL -PLACED ON FIRST READING President Pro Tem Manuel moved that Bi111230 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 1.79 ACRE PARCEL OF LAND LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE AlA AND RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CS ZONING DISTRICT TO THE VILLAGE CC (TRANSITIONAL COMMERCIAL) ZONING • DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion and all present voted aye. 3 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 8, 2007 BILL 1231 -REZONING 0.35 ACRE PARCEL -PLACED ON FIRST READING President Pro Tem Manuel moved that Bi111231 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 0.35 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CLO ZONING DISTRICT TO THE VILLAGE CC (TRANSITIONAL COMMERCIAL) ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, which passed unanimously. CONSENT AGENDA Vice Mayor Eissey moved to approve the consent agenda. Councilman O'Meilia seconded the motion, which passed unanimously. The following item was approved: Receive Minutes of Police and Fire Pension Board meeting held 1/18/07 RESOLUTION 2007-32 - PBC RECREATION ASSISTANCE PROGRAM FUNDING AGREEMENT FOR POOL IMPROVEMENTS Vice Mayor Eissey moved that Resolution 2007-32 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY RELATING TO THE IMPROVEMENTS AT THE NORTH PALM BEACH POOL FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Parks and Recreation Director Mark Hodgkins advised that Palm Beach County is giving the Village $50,000, and it does not require any matching funds. Village Attorney Len Rubin reported that the pool has to remain open to the public. Thereafter, the motion passed unanimously. RESOLUTION 2007-33 -HERITAGE DAY AMUSEMENT RIDES BID AWARD Vice Mayor Eissey moved that Resolution 2007-33 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY DOOLAN AMUSEMENT COMPANY, A FLORIDA CORPORATION OF JENSEN BEACH, FLORIDA FOR AMUSEMENT RIDES FOR HERITAGE DAY 2007 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH DOOLAN AMUSEMENT COMPANY, A FLORIDA CORPORATION AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Discussion ensued on the location of the rides, and the balance remaining in the Heritage Day budget. Thereafter, the motion passed unanimously. 4 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 8, 2007 RESOLUTION 2007-34 -TEMPORARY TENNIS BUILDING -TRAILER LEASE AGREEMENT • President Pro Tem Manuel moved that Resolution 2007-34 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A LEASE AGREEMENT WITH GE MODULAR SPACE, A DIVISION OF TRANSPORT INTERNATIONAL POOL, INC., FOR A TRAILER FACILITY FOR USE AS A TEMPORARY TENNIS BUILDING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Discussion took place concerning the use of contingency funds for non-budgeted, non- emergency items, rather than using surplus funds. Discussion ensued on whether the lease payment can be increased after one year. Village Attorney Len Rubin advised that the agreement includes his requested changes, one of which was that the monthly fee could not be increased. Community Development Director Charlie Cangianelli reported that the trailer will be constructed upon receipt of the signed lease and delivered in about two weeks. Mr. Cangianelli advised that once the trailer is installed and hooked up to utilities, the old tennis building will be torn down. Thereafter, the motion passed 4 - 1, with President Pro Tem Manuel, Councilman Aubrey, Vice Mayor Eissey, and Mayor Norris voting aye, and Councilman O'Meilia opposed. RESOLUTION 2007-35 -BUDGET AMENDMENT -PATROL VEHICLE REPLACEMENT President Pro Tem Manuel moved that Resolution 2007-35 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF A REPLACEMENT PUBLIC SAFETY PATROL VEHICLE FROM BOBBY JONES FORD TO BE FUNDED FROM THE POLICE AUTOMOTIVE CAPITAL ACCOUNT AND AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE 2006-07 BUDGET FOR THE PURPOSE OF TRANSFERRING $17,100.00 FROM THE GENERAL FUND INSURANCE REFUNDS ACCOUNT TO THE GENERAL FUND POLICE AUTOMOTIVE ACCOUNT TO FUND THE REPLACEMENT PATROL VEHICLE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, which passed unanimously. RESOLUTION 2007-36 -GOLF BALL CONCESSION AGREEMENT Vice Mayor Eissey moved that Resolution 2007-36 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONCESSION AGREEMENT WITH K.C. WHEELER ENTERPRISES, INC. FOR GOLF BALL RETRIEVAL AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE President Pro Tem Manuel seconded the motion. 5 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 8, 2007 Discussion ensued on whether other companies provide this service, as well as the possibility of buying back balls for use on the driving range. • Country Club Director Mickey Neal re orted that he s oke with one other com an . Mr. p p p y Neal advised that K.C. Wheeler is a local company that provides this service to other local courses. The Council directed that staff verify the required insurance coverage and licenses. Thereafter, the motion passed unanimously. MAYOR AND COUNCIL MATTERS Mayor Norris and President Pro Tem Manuel reported on their attendance at Palm Beach County Days in Tallahassee. Mayor Norris discussed pending legislative proposals for property tax reform, which could result in a $5 - $6 million loss in revenue to North Palm Beach. President Pro Tem Manuel reported on the proposed cable franchise bill, which would allow phone companies to provide cable service without paying franchise fees. Discussion ensued on the various proposals for property tax reform. By consensus, the Council directed staff to prepare information on how the proposed property tax legislation will affect North Palm Beach, and to send it to Village residents, using the same mailing list as the newsletter. The Village Attorney was directed to prepare a resolution indicating opposition to the current tax reform proposals. Vice Mayor Eissey reported on the installation of signs for Jack Nicklaus Drive, and requested that Council approve $200 toward the cost of a lighted sign. Vice Mayor Eissey advised that a lighted sign costs $2,500 and Palm Beach County has approved $2,300 for the sign, so a Village • contribution of $200 will complete this project. Councilman O'Meilia moved to approve payment of $200 from Council Contingency toward the cost of a lighted sign. President Pro Tem Manuel seconded the motion, which passed unanimously. It was requested that staff provide an accounting of funds received from FEMA, including the amount received, the amount spent, and remaining balance, if any. VILLAGE MANAGER MATTERS Chief Knight reported on the audit of the Village's finances for the fiscal year ending 9/30/06, Village Hall improvements, and the new Employee Newsletter. Chief Knight reviewed the Country Club financial report. It was requested that Chief Knight provide a list of appropriations to date from the undesignated /unreserved fund balance ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:00 p.m. - .-- Melissa Teal, CMC, Village Cler 6