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02-08-2007 VC REG-M• • • NIlNUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 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 ROLL CALL Mayor Norris 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 President Pro Tem Manuel gave the invocation and Mayor Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Norris presented a check to North Palm Beach Elementary School Principal William Thompson and Choir Director Tammy Rawls in recognition of the school's contribution to the Village's annual tree lighting ceremony and its support of the Village's adopted military unit. APPROVAL OF MINUTES Minutes ofthe Regular Session held 1/25/07 were approved as written. BILL 1225 -VILLAGE AMENDMENTS TO FLORIDA BUILDING CODE -ENACTED AS ORDINANCE 2007-03 Councilman O'Meilia moved that Bill 1225 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II, "MINIMUM CONSTRUCTION STANDARDS," SECTION 6-17, "CODES ADOPTED," OF THE VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE ENACTMENT OF THE 2004 FLORIDA BUILDING CODE AND TO ADOPT AMENDMENTS TO THE ADMINISTRATIVE PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. President Pro Tem Manuel seconded the motion, and all present voted aye. MINUTES OF REGULAR SESSION HELD FEBRUARY 8, 2007 Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris closed the public hearing. Councilman O'Meilia moved to enact Bill 1225 as Ordinance 2007-03. Vice Mayor Eissey seconded the motion, which passed unanimously. BILL 1226 -VOLUNTARY ANNEXATION OF 1.79 ACRES -PLACED ON FIRST READING Councilman O'Meilia 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 first reading and read by title alone. Vice Mayor Eissey seconded the motion, which passed unanimously. Discussion ensued on annexation of a portion of the Alternate AlA right-of--way. Village Planning Consultant Jim Fleischmann reported that Palm Beach County has advised against annexing the road right-of--way until the Village controls land use on both sides of the street. Mr. Fleischmann noted that when these two parcels are annexed, there will be incorporated area on the east side and unincorporated area on the west side. Mr. Fleischmann reported that adjacent to the former U-Haul and Honda parcels is the only portion of unincorporated road right-of--way where the Village controls land use on both sides of Alternate AIA. Mr. Fleischmann advised that annexation of the road right-of--way might have to wait until the Village annexes additional properties on the west side of Alternate AlA. Council noted that when the Honda property was annexed, the property owner offered to donate funds to fix the last median strip, if the Village annexed the road right-of--way. Mr. Fleischmann reported that Palm Beach County suggested that if the Village annexes right-of--way, it be done as a separate annexation. Discussion took place concerning the recommended zoning of CC Transitional Commercial District for the two parcels being annexed. Mr. Fleischmann advised that the CC Transitional Commercial District was created as a transitional buffer between Alternate AlA and residential property to the east, and allows less intensive office-type use, rather than retail. BILL 1227 VOLUNTARY ANNEXATION OF 0.35 ACRES -PLACED ON FIRST READING President Pro Tem Manuel moved that Bi11 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 2 MINUTES OF REGULAR SESSION HELD FEBRUARY 8, 2007 be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, and all present voted aye. CONSENT AGENDA Vice Mayor Eissey moved to approve the consent agenda. Councilman O'Meilia seconded the motion, which passed unanimously. The following items were approved: Resolution 2007-15 approving contract with Delray Garden Center, Inc. for purchase of landscape materials and services to complete Northlake Blvd. Streetscape Project Phase I Resolution 2007-16 authorizing the Mayor and Village Clerk to enter into a Collective Bargaining Agreement between the Village and Palm Beach County Police Benevolent Association Resolution 2007-17 authorizing the Mayor and Village Clerk to enter into a Collective Bargaining Agreement and Memorandum of Understanding between the Village and Professional Firefighters/Paramedics ofPalm Beach County, Local 2928, IAFF, Inc. Resolution 2007-18 authorizing the Mayor and Village Clerk to enter into a Collective Bargaining Agreement between the Village and Federation of Public Employees Resolution 2007-19 amending Section 9.02.01, "Vacations" of the Personnel Rules and Regulations to modify the vacation accrual schedule and clarify payment of earned vacation time upon separation from employment Resolution 2007-20 authorizing the Mayor and Village Clerk to enter into a Support and License Agreement with Tyler Technologies, Inc., Munis Division, and pay renewal cost not to exceed $10,054. Receive Minutes of Country Club Advisory Board meeting held 1/8/07 Receive Minutes ofPlanning Commission meeting held 1/9/07 Receive Minutes of Audit Committee meeting held 1/24/07 RESOLUTION 2007-21 -BUDGET AMENDMENT -BUTTONWOOD DRAINAGE PROJECT Councilman O'Meilia moved that Resolution 2007-21 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE 2006-07 BUDGET FOR THE PURPOSE OF TRANSFERRING $169,700.00 FROM THE UNAPPROPRIATED AND UNDESIGNATED FUND BALANCE TO THE GENERAL FUND STREET MAINTENANCE CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO FUND THE BUTTONWOOD DRAINAGE PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. • Discussion ensued on appropriations from the unrestricted unreserved account. Chief Knight advised that the $184, 957 has been appropriated to date, and the undesignated unreserved fund balance is $6,649,135, not including the requested $169,700 transfer. MINUTES OF REGULAR SESSION HELD FEBRUARY 8, 2007 Discussion took place concerning the possibility of obtaining outside funding. Chief Knight reported that letters have been sent to state and federal representatives seeking assistance with • obtaining the FEMA grant. Discussion was held regarding $23,000 to clear the right-of--way. Public Works Director Wiley Livingston reported that Village employees will clear the area prior to construction, including the removal of fences, trees, and irrigation, and replacement of sod, fences, and irrigation. Thereafter, the motion passed unanimously. RESOLUTION 2007-22 -STREET OVERLAY PAVING CONTRACT Vice Mayor Eissey moved that Resolution 2007-22 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE CONTRACT AWARD TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH PAVING OF DESIGNATED STREETS WITHIN THE VILLAGE LIMITS AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, which passed unanimously. RESOLUTION 2007-23 -DOCUMENT IMAGING SYSTEM PURCHASE Vice Mayor Eissey moved that Resolution 2007-23 entitled • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF A DOCUMENT IMAGING SYSTEM FROM MCCi; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Discussion ensued on the cost of the digital imaging system. Village Clerk Melissa Teal reported that initial proposals were for a digital imaging system for the Village Clerk's office only, with the lowest proposal coming from MCCi, in the amount of $9,667. Mrs. Teal stated that because Community Development, Human Resources, and Public Safety expressed interest in utilizing this system, it required additional licensing, software support, and training, so an updated quote was requested from MCCi, to include licenses for the additional departments. Village Attorney Len Rubin opined that because this is a piggy back of an existing contract, it is not necessary to obtain revised quotes from the other vendors. Brief discussion ensued on funding for the project, the major portion of which will be expended from the Capital Project Fund account K4904-66415 (Computer Hardware & Software), and the supplementary funds needed for additional licenses, software support, and training from the individual departmental budgets. • RESOLUTION 2007-24 -BUDGET AMENDMENT - EQUIPMENT LEASE President Pro Tem Manuel moved that Resolution 2007-24 entitled 4 MINUTES OF REGULAR SESSION HELD FEBRUARY 8, 2007 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE • CLERK TO AMEND THE 2006-07 BUDGET FOR THE PURPOSE OF TRANSFERRING MONEY FROM THE COUNTRY CLUB CAPITAL ACCOUNT LINES TO THE COUNTRY CLUB EQUIPMENT RENTAL ACCOUNT (L8045-34420); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion. Discussion took place concerning the original budget of $103,460 for the leased equipment. Chief Knight stated that funds previously appropriated for purchase of the equipment are being moved from the capital line item into an operating account, and there is no increase in the lease, and no other capital projects earmarked for those funds. Discussion ensued on $15,000 included in account L8053-66490 (Food & Beverage -Machinery & Equipment) for air conditioning work. Brief discussion ensued on the old surplus equipment. Thereafter, the motion passed unanimously. RESOLUTION 2007-25 - U.S. HIGHWAY 1 CORRIDOR STUDY AND LIMITED ZONING IN PROGRESS Vice Mayor Eissey moved that Resolution 2007-25 entitled • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING LAND RESEARCH MANAGEMENT, INC. TO PERFORM A PLANNING STUDY REGARDING POTENTIAL REDEVELOPMENT ALONG THE U.S. HIGHWAY ONE CORRIDOR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT FOR SUCH PLANNING SERVICES; DECLARING A LIMITED ZONING IN PROGRESS FOR REZONING REQUESTS ALONG THE U.S. HIGHWAY ONE CORRIDOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. Village Attorney Len Rubin advised that there was one minor change to Section 3a of the agreement, to provide for monthly billing rather than upon completion of each phase. Discussion took place concerning funding. Chief Knight advised that $10,000 is available in the Village Manager Contingency account. Discussion was held on the need for a planning study with regard to the Evaluation and Appraisal Report and the issue of the appropriate locations for mixed use or residential projects along the U. S. Highway 1 corridor. Councilman O'Meilia moved to amend the motion, to designate $10,000 from Village Manager Contingency and $15,000 from Village Council Contingency to fund this project. President Pro • Tem Manuel seconded the motion, which passed unanimously. The original motion, as amended, passed 4 - 1, with Vice Mayor Eissey, Councilman O'Meilia, Councilman Aubrey, and Mayor Norris voting aye, and President Pro Tem Manuel opposed. 5 MINUTES OF REGULAR SESSION HELD FEBRUARY 8, 2007 Discussion ensued on declaring a limited zoning in progress for the U. S. Highway 1 corridor for a period of up to 90 days. Mr. Fleischmann noted that there will be eventual changes to the • Comprehensive Plan to address the issues as stated in the Evaluation and Appraisal Report, and to identify the criteria to be used as a guide for rezoning actions. Mr. Fleischmann advised that it will not require asmall-scale comprehensive plan amendment at this time. Mr. Fleischmann stated that 90 days is sufficient to accomplish Phase 1. RESOLUTION 2007-26 -GRANT MANAGEMENT SERVICES AGREEMENT President Pro Tem Manuel moved that Resolution 2007-26 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A GRANT MANAGEMENT SERVICES AGREEMENT WITH RMPK FUNDING, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion. Parks and Recreation Director Mark Hodgkins advised that RMPK Funding Inc. will be paid with proceeds from grants akeady received by the Village. Thereafter, the motion passed unanimously. MAYOR AND COUNCIL MATTERS Councilman O'Meilia reported on the legislative alerts concerning property tax reform. President • Pro Tem Manuel announced a public hearing on this issue on 2/12/07 from 9:00 a.m. 0 2:00 p.m. at Palm Beach Community College -Lake Worth campus. Council requested that Mayor Norris write a letter, memo, or email objecting to the proposal as violating home rule. Mayor Norris and Len Rubin will compose a letter. VILLAGE MANAGER MATTERS Chief Knight announced a joint meeting between the Recreation Advisory Board, Waterways Board, and TBE Group on 2/13/07 for further discussion of improvements to Anchorage Park, and a second public input meeting will be scheduled for mid-March Chief Knight advised that the Council needs to schedule anattorney-client session to discuss ongoing Florida Blacktop litigation. Country Club Director Mickey Neal distributed a handout regarding golf pro shop fixtures offered by Heritage Creations through Peacock & Lewis at a cost of $7,000. Brian Idle of Peacock & Lewis was present to review the proposal, and advised that a decision would be needed within a month. Council requested that the Country Club Advisory Board discuss it at their meeting on Monday night. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:50 p.m. • - ~_ Melissa Teal, CMC, Village Clerk 6