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01-25-2007 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • JANUARY 25, 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, Interim Village Manager ROLL CALL 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 Vice Mayor Eissey gave the invocation and Councilman Aubrey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION • On behalf of the Village Council, Mayor Norris recognized Public Safety Officer Angela Williams for achieving the designation of Florida Crime Prevention Practitioner. Vice Mayor Eissey presented Country Club Director Mickey Neal with a golf club autographed by Jack Nicklaus, which will be framed and displayed at the North Palm Beach Country Club. APPROVAL OF MINUTES Minutes ofthe Regular Session held 1/11/07 and Special Session held 1/16/07 were approved as written. BILL 1225 -VILLAGE AMENDMENTS TO FLORIDA BUILDING CODE -PLACED ON FIRST READING President Pro Tem Manuel 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 first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. MINUTES OF REGULAR SESSION HELD JANUARY 25, 2007 CONSENT AGENDA Item 6.D.2, PBA Collective Bargaining Agreement, and item 6.D.3 IAFF Collective Bargaining Agreement, were pulled from the agenda. Vice Mayor Eissey moved to approve the consent agenda. President Pro Tem Manuel seconded the motion, which passed unanimously. The following items were approved: Resolution 2007-09 urging members of the Florida Legislature to support legislation protecting municipal authority, ensuring municipal fiscal stability, and supporting municipal Home Rule during the 20071egislative session. Receive Minutes of Police and Fire Pension Board meeting held 5/9/06 Receive Minutes of Police and Fire Pension Board meeting held 8/8/06 Receive Minutes of Police and Fire Pension Board meeting held 10/6/06 Receive Minutes of Waterways Board meeting held 11/14/06 Recommendation: "that Attorney Rubin do an outline and summary of legal opinion for study by the Board" Receive Minutes of Police and Fire Pension Board meeting held 11/28/06 Receive Minutes of Planning Commission Public Hearing held 12/5/06 Receive Minutes of Planning Commission meeting held 12/5/06 • Recommendation: application to rezone parcel of land at 872 U.S. Highway 1 from C-A Commercial District to C-lA Limited Commercial District "recommend to Village Council as submitted." Recommendation: small-scale comp plan amendment designating a future land use for property located at Lot 69, Carolinda Drive for North Substation "recommend to Village Council as submitted." Recommendation: application to rezone parcel of land located at Lot 69, Carolinda Drive from R-1 Multiple -Family District to Section 45-35 Public District to allow North Substation `Yecommend to Village Council as submitted." Recommendation: application for voluntary annexation of parcels of land located at 9458 Alternate AlA and 2895 Richard Road from County to North Palm Beach "recommend to Village Council as submitted." Recommendation: small-scale comp plan amendment to designate a future land use for 9458 Alternate AlA and 2895 Richard Road "recommend to Village Council as submitted." Recommendation: application to rezone a parcel of land located at 9458 Alternate AlA from Commercial CUO (County) to CC Transitional Commercial District (Village) and to rezone a parcel of land located at 2895 Richard Road from Commercial CS/Se (County) to CC Transitional Commercial Distnct (Village) `Yecommend to Village Council as submitted." 2 MINUTES OF REGULAR SESSION HELD JANUARY 25, 2007 RESOLUTION 2007-10 -BUDGET TRANSFER -COUNTRY CLUB Vice Mayor Eissey moved that Resolution 2007-10 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 MONEY FROM THE COUNTRY CLUB RETAINED EARNINGS TO THE GOLF COURSE RENOVATION PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Discussion ensued on retained earnings for 2005 and 2006, and $150,000 that was earmarked for expenses during the golf course shutdown. It was requested that staffprovide an itemized list of Council approved expenditures paid out of the 2006 retained earnings, and also to report on the amount of retained earnings or deficits in prior years. Thereafter, the motion passed 4 - 1, with Vice Mayor Eissey, President Pro Tem Manuel, Councilman Aubrey, and Mayor Norris voting aye, and Councilman O'Meilia opposed. RESOLUTION -AMENDING LEGAL REPRESENTATION AGREEMENT -FAILED Councilman O'Meilia moved to adopt a resolution amending the Representation Agreement with Casey Ciklin Lubitz Martens & O'Connell to increase certain hourly rates. President Pro Tem Manuel seconded the motion. Vice Mayor Eissey declared a voting conflict. During discussion, Council requested that stafl"report back on the amount paid to the firm to-date. Thereafter, the motion failed 2 - 2, with Councilman O'Meilia and Mayor Norris voting aye, and President Pro Tem Manuel and Councilman Aubrey voting nay. RESOLUTION 2007-11 -CONSULTING AGREEMENT -EVALUATION OF PURCHASING AND CASH DISBURSEMENT POLICIES Vice Mayor Eissey moved that Resolution 2007-11 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONSULTING AGREEMENT WITH CALER, DONTEN, LEVINE, DRUKER, PORTER & VEIL, P.A. FOR EVALUATION OF THE VILLAGE'S PURCHASING AND CASH DISBURSEMENT POLICIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. • In response to the Council, Audit Committee Chairman Tom Magill clarified that Caler, Donten will evaluate all procurement proceedings, including the Country Club. Thereafter, the motion passed unanimously. 3 MINUTES OF REGULAR SESSION HELD JANUARY 25, 2007 RESOLUTION 2007-12 -TREASURE COAST BROWNFIELDS SUBGRANT APPLICATION AND AGREEMENT • Councilman O'Meilia moved that Resolution 2007-12 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN APPLICATION FORA $99,980.00 CLEANUP SUB-GRANT FROM THE TREASURE COAST BROWNFIELDS REVOLVING LOAN FUND PROGRAM AND TO TAKE ALL STEPS NECESSARY TO EFFECTUATE A GRANT AWARD TO ASSIST IN THE DECOMMISSIONING OF THE WASTEWATER TREATMENT PLANT AT ANCHORAGE PARK; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously. RESOLUTION 2007-13 -BUDGET TRANSFER -GENERAL FUND Vice Mayor Eissey moved that Resolution 2007-13 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 MONEY FROM THE GENERAL FUND POOL FURNITURE & FIXTURE ACCOUNT (A8051-66430) TO THE GENERAL FUND POOL MACHINERY & EQUIPMENT . ACCOUNT (A8051-66490); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously. RESOLUTION 2007-14 -BID AWARD -POOL HEATERS Vice Mayor Eissey moved that Resolution 2007-14 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY ROYAL PALM POOLS LLC. FOR POOL HEATERS TO BE INSTALLED AT THE NORTH PALM BEACH POOL FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH ROYAL PALM POOLS LLC AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion, and all present voted aye. NORTHLAKE BOULEVARD VEGETATION REPLACEMENT President Pro Tem Manuel moved to accept Dekay Garden Center quotation for landscaping materials and services at a price not to exceed $68,700 to complete the Northlake Blvd. Streetscape Project Phase 1 landscaping and authorizing issuance of a purchase order for the landscape materials and services. Vice Mayor Eissey seconded the motion, which passed unanimously. MOTION -COUNTRY CL B SIGN U Vice Mayor Eissey moved to approve the North Palm Beach Country Club monument sign design. President Pro Tem Manuel seconded the motion and all present voted aye. 4 MINUTES OF REGULAR SESSION HELD JANUARY 25, 2007 MAYOR AND COUNCIL MATTERS Mayor Norris announced he will run for re-election in March. Brief discussion took place concerning the offer of displays and desks for the golf pro shop at a cost of $7,000 for installation. This item will be brought back to the next Workshop Session. Discussion was held concerning multiple councilmen attending Advisory Board meetings. Council consensus was to have the Village Attorney review this with regard to the Sunshine Law. Brief discussion took place regarding a previously proposed ordinance amending the Police and Fire Pension Fund. Chief Knight reported that the Village's Labor Attorney, Jim Cheroi; opined that all benefits must be bargained, including pension benefits. Village Attorney Len Rubin will review the issue with regard to State law and bring forward if necessary. Mayor Norris discussed annexation possibilities in the Congress Avenue corridor. Discussion ensued on requesting an updated annexation report on this area from Jim Fleischmann of Land Research Management, Inc. This item will be placed on a Workshop agenda. Village Attorney Len Rubin discussed the Employment Agreement between the Village and Jimmy Knight. Mr. Rubin referred to the Attorney General Opinion on dual office holding, and recommended that the Council approve the proposed Amended and Restated Employment Agreement between the Village and Jimmy Knight. Vice Mayor Eissey moved to accept the attorney's recommendation and enter into the Amended and Restated Employment Agreement. Councilman O'Meilia seconded the motion, which passed unanimously. VILLAGE MANAGER MATTERS Chief Knight commended Human Resources Director Mary Kay McGann for developing a Village Safety Policy, which has resulted in insurance savings. Chief Knight reported on the following topics: • Country Club golf memberships total 565, including 65 juniors • as suggested at the "town hall" meeting on Anchorage Park improvements, a link has been placed on the website for residents to submit comments on this project • past due employee evaluations have been completed • emergency repairs to Monet Road bridge were approximately $31,000 over the initial estimate • options for bathrooms at the tennis courts will be provided at the next meeting. Discussion took place concerning the Audit Committee. Chief Knight proposed to enlist the Audit Committee to help prepare a business plan for the Country Club. Vice Mayor Eissey moved to authorize the Audit Committee to help staff with the preparation of a Country Club business plan. President Pro Tem Manuel seconded the motion, and all present voted aye. • Councilman O'Meili wh h a, o serves as t e Council representative on the Audit Commttee requested that Council consider eliminating the councilman position on the Audit Committee and replacing it with a resident member. This issue will be placed on an upcoming agenda for further discussion. 5 MINUTES OF REGULAR SESSION IiELD JANUARY 25, 2007 Due to the cost of repairs to Monet Road Bridge, it was noted that additional funds will need to be appropriated to pay for anticipated repairs to Lighthouse Bridge. • Staff was reminded about the previousl r uested re rt on the times ent b Villa a em to ees Y ~1 1~ p Y g p Y on the golf course renovation project and by Country Club employees at Village facilities during the course shut down period. Councilman O'Meilia reported on the North County Intergovernmental Committee and advised that a tri-rail station is being considered for the north county area, with a possible location at Northlake Boulevard and Old Dixie Highway. Councilman O'Meilia relayed a request for North Palm Beach, Lake Park, and Palm Beach County to discuss the proposed station. Additionally, Councilman O'Meilia noted that North Palm Beach is again being requested to consider installing bus shelters. Councilman O'Meilia referred to the Midwestern County Study, which was distributed to Council, and the proposed inclusion of Mecca in the Sector Plan, and suggested that staff members should attend the meetings being held on this issue, as it will have an impact on North Palm Beach. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:52 p.m. Melissa Teal, CMC, Village Cl • 6 {KI FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eisse ,Edward M. Villa a Council of ~Jorth Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 118 Cruiser Road No. WyHICHISERVEISAUNITOF: CITY COUNTY !~ CITY O COUNTY ^ OTHER LOCAL AGENCY North Palm Beach Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Vllld e of North Palm Beach J a nu a r 2 5, 211OJ MY POSITION IS: d( ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive oounty, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN.15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1