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01-11-2007 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 11, 2007 Present: David B. Norris; Mayor Dr. Edward IVI. 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 Absent: Mark Bates, 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 staffwere present, except Village Manager Mark Bates. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and Councilman O'Meilia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Norris presented members of the 50th Anniversary Committee with a Certificate of Appreciation and athank-you gift, in recognition of their service to the Village. The members of the 50th Anniversary Committee were Vice Mayor Eissey, Honorary Chair; Dianna Craven, Chair; Mark Hodgkins, Vice Chair, Dr. Joan Aubrey, Village Historian; Charlotte Chickering, Kerry Diaz, Roy Hill, Trevor Jackson, Susan Kamp, Nancy Moore, Judy Pierman, Cecily Rouser, Patsy Saunders, and James Tedesco. VILLAGE MANAGER ANNUAL PERFORMANCE EVALUATION Mayor Norris moved up agenda item E9, Village Manager's Annual Performance Evaluation. Mayor Norris announced that Village Manager Mark Bates has had discussions individually with council members, and based upon those discussions Mr. Bates believes it is the desire of the Council that he resign. Mr. Bates advised Mayor Norris that he is willing to resign, provided that he is able to receive his severance package, as is laid out in his contract. Vice Mayor Eissey moved to accept Mr. Bates' resignation. President Pro Tem Manuel seconded the motion, which passed unanimously. Vice Mayor Eissey moved that Public Safety Director Jimmy Knight be appointed Acting Village Manager, and that Mayor Norris and Village Attorney Len Rubin be authorized to negotiate an agreement with Chief Knight. President Pro Tem Manuel seconded the motion. MINUTES OF REGULAR SESSION HELD JANUARY 11, 2007 During discussion, Chief Knight requested that it be included in the contractual agreement that • he is not seeking the position of Village Manager as a permanent position. Chief Knight advised that he wished to assume his position as Public Safety Director when a new Village Manager is hired. Thereafter, the motion passed unanimously. APPROVAL OF MINUTES Minutes of the Regular Session held 12/14/06 were approved as written. STATEMENTS FROM THE PUBLIC Mr. Dick Fullerton, 126 Lakeshore Drive addressed the Council regarding the lack of streetlights on U.S. 1 since the hurricanes. Public Works Director Wiley Livingston reported that replacement of the streetlights is delayed by the manufacturing of the decorative fixtures. Mr. Livingston noted that the agreement between the Dept. of Transportation and its contractor ends 3/31/07, so the work should be completed by the end of March. Mrs. Lois Gruin, 756 Waterway Drive, was present to follow-up on her recent letter to the Council concerning the inability to obtain early tee times at the golf course. It was requested that this issue be placed on the next agenda of the Country Club Advisory Board. Vicki Caplan, 11370 Twelve Oaks Way, presented a petition on behalf of tennis members • requesting that Council address problems with the condition of the tennis facility. Other tennis members present also spoke on this issue. John Archetti, 436 Anchorage Lane, the tennis member on the Country Club Advisory Board, distributed a comparison of the tennis facilities in Palm Beach Gardens and North Palm Beach. Mayor Norris requested that staff provide a report on the condition of the tennis courts. Tom Magill, 119 Atlantic Road, on behalf of the Audit Committee, gave an update on progress of the Comprehensive Annual Financial Report and Caler, Donten's draft engagement letter for management advisory services. BILL 1223 -PROPORTIONATE FAIR-SHARE PROGRAM -ENACTED AS ORDINANCE 2007-01 President Pro Tem Manuel moved that Bi111223 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING AND DEVELOPMENT," ARTICLE IV, "CONCURRENCY MANAGEMENT," OF THE VILLAGE CODE OF ORDINANCES TO CREATE A MECHANISM FOR PROPORTIONATE SHARE CONTRIBUTIONS FROM DEVELOPERS TOWARD TRAFFIC CONCURRENCY REQUIREMENTS; CREATING A NEW SECTION 21-48, "PROPORTIONATE FAIR SHARE PROGRAM;" PROVIDING FOR CODIFICATION; PROVIDING FOR • SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be placed on second reading and read by title alone. Councilman Aubrey seconded the motion. 2 MINUTES OF REGULAR SESSION I3ELD JANUARY 11, 2007 Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris • closed the public hearing. Thereafter, the motion passed unanimously. Vice Mayor Eissey moved to enact Bill 1223 as Ordinance 2007-01. Councilman O'Meilia seconded the motion, and all present voted aye. BILL 1224 -SMALL-SCALE COMP PLAN AMENDMENT -ENACTED AS ORDINANCE 2007-02 President Fro Tem Manuel moved that Bill 1224 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 .57 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF CAROLINDA DRIVE AND WEST OF U.S. HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM EDUCATIONAL TO PUBLIC BUILDINGS AND GROUNDS; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Aubrey 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 1224 as Ordinance 2007-02. Vice Mayor Eissey seconded the motion. Village Planning Consultant Jim Fleischmann of Land Research Management, Inc., reported that Exhibit "A" has been corrected to increase the acreage by .08 acres and the map was revised to reflect that the Village owns the entire right-of--way. Thereafter, 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 2007-01 directing Village Clerk to publish notice of General Election to be held 3/13/07; designating the PBC Supervisor of Elections to canvass absentee ballots and elections returns; designating the PBC Supervisor of Elections or his designee, as the Village's representative for the Logic and Accuracy testing of the tabulating equipment on 2/23/07 and for the runoff • election, should there be one. 3 MINUTES OF REGULAR SESSION HELD JANUARY 11, 2007 Resolution 2007-02 supporting and endorsing principles of Home Rule and • adopting policies supporting the premise that the Village should have the authority to govern within its jurisdiction and that such authority should not be eroded. Receive Minutes of Country Club Advisory Board meeting held 11/13/06 Receive Minutes of Country Club Advisory Board meeting held 12/11/06 Recommendation "to review moving the Tennis amenity from the Country Club Budget to the Recreation Budget" Receive Minutes of Recreation Advisory Board meeting held 12/12/06 Receive Minutes of Audit Committee meeting held 12/20/06 RESOLUTION 2007-03 ADOPTED - SECURITY ALARM INSTALLATION AND MONITORING AGREEMENT President Pro Tem Manuel moved that Resolution 2007-03 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING INSTALLATION AND MONITORING AGREEMENTS WITH ATLANTIC SMART TECHNOLOGIES FOR BURGLAR ALARM SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted. Councilman O'Meilia seconded the motion. Discussion ensued on the cost of the security agreement. Public Works Director Wiley Livingston advised that the cost of the security agreements include service at three Country Club facilities as well as the cost to end Group One's current security contract, which expires 9/30/07. Mr. Livingston reported that the agreement includes equipment and maintenance. Thereafter, all present voted aye. RESOLUTION 2007-04 ADOPTED -FIRE ALARM INSTALLATION AND SERVICING AGREEMENT Councilman O'Meilia moved that Resolution 2007-04 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INSTALLATION AND SERVICING AGREEMENT WITH CARPENTER SECURITY, INC. FOR FIRE ALARM SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB 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, which passed unanimously. • 4 MINUTES OF REGULAR SESSION HELD JANUARY 11, 2007 RESOLUTION 2007-OS ADOPTED -TREASURE COAST BROWNFIELDS SUBGRANT • APPLICATION AND AGREEMENT Vice Mayor Eissey moved that Resolution 2007-OS 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 $105,430.00 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; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. During discussion, Parks and Recreation Director Mark Hodgkins reported that the subgrant would help with the cost of removing the tanks and buildings at the wastewater treatment plant. Discussion ensued on the cost estimate prepared by TBE, and the implied maximum grant of $100,000.00. Thereafter, the motion passed unanimously. • RESOLUTION 2007-06 -PATROL MOTORCYCLE LEASE AGREEMENT Councilman O'Meilia moved that Resolution 2007-06 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A MOTORCYCLE LEASE AGREEMENT WITH FT. LAUDERDALE HARLEY-DAVIDSON, INC., ATTACHED AS EXHIBIT "A", AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously. RESOLUTION 2007-07 -APPOINTING MEMBERS TO WATERWAYS BOARD Councilman O'Meilia moved that Resolution 2007-07 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REAPPOINTING MEMBERS TO THE WATERWAYS BOARD OF THE VILLAGE OF NORTH PALM BEACH; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously. • RESOLUTION 2007-08 -EMS GRANT President Pro Tem Manuel moved that Resolution 2007-08 entitled 5 MINUTES OF REGULAR SESSION HELD JANUARY 11, 2007 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, CERTIFYING THAT MONIES RECEIVED FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM WILL ONLY BE UTILIZED AS REQUIRED BY THE GRANT AWARD; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, which passed unanimously. NORTHLAKE BOULEVARD VEGETATION REPLACEMENT Discussion was held concerning accepting a quotation for landscaping materials and services from a local contractor, as recommended by the Northlake Boulevard Task Force to complete the Northlake Boulevard Streetscape Project Phase 1 as required under the grant agreement with D.O.T. Public Works Director Wiley Livingston advised that three quotes have been received, however the contractor with the lowest price did not meet all the desired qualifications. Councilman O'Meilia, Chairman of the Northlake Boulevard Task Force, reported that the motion made by Karen Marcus and seconded by Don Clark at the 1/9/07 meeting of the Task Force was to recommend to the Village Council to award a contract to the lowest and best proposal after a check of background and references are made. Councilman O'Meilia moved to instruct staff that they are not required to go to sealed bid, but they are required to bring back at least three proposals and a recommendation. President Pro Tem Manuel seconded the motion, which passed unanimously. VILLAGE CLERK EVALUATION AND PERFORMANCE PAY Vice Mayor Eissey moved to grant the Village Clerk a five percent increase. Councilman O'Meilia seconded the motion, which passed unanimously. MAYOR AND COUNCIL MATTERS It was requested that a discussion of the tennis facility be placed on a future workshop after staff compiles information on alternatives. Discussion was held on a request by Councilman Aubrey for a feasibility study concerning more visible addresses on Village streets, such as painting the street number on the curb or driveway in reflective paint. The Council asked Chief Knight to check into the alternatives and report back on it. Brief discussion took place concerning the budget for the golf course renovation project. Chief Knight will prepare a report on this issue. Councilman O'Meilia announced that he will not run for re-election in March Councilman O'Meilia thanked everyone for all the help given him over the past 12 years. Mayor Norris • remarked that Mr. O'Meilia has been a great asset to the Village and will be sorely missed. 6 MINUTES OF REGULAR SESSION HELD JANUARY 11, 2007 With regard to the Village's adopted military unit, Mayor Norris reported that on 12/6/05, five • soldiers were killed when an IED struck their vehicle, and asked to keep their families in our prayers. President Pro Tem Manuel reminded everyone that the troop adoption is an ongoing project and encouraged those who wish to volunteer to contact the Village Clerk's office. VILLAGE MANAGER MATTERS Community Development Director Charles Cangianelli distributed a drawing of the proposed sign to be installed at the Country Club. Mr. Cangianelli reviewed suggestions for signage wording from the Country Club Advisory Board and design suggestions from the Planning Commission. Council consensus was that there be no arch on the sign, the ship's wheel should be larger, "open to the public" should be in smaller letters, the word "Country Club" should be stretched out and the length of the lines should be varied. Staff was directed to bring back a color rendering of the sign to the next meeting. Country Club Director Mickey Neal reviewed discussions held by the Country Club Advisory Board and Village Administration with regard to allowing aone-time only cancellation of golf memberships. The Council did not approve any change in the membership policy. Discussion ensued on increasing the walk-in fees in order to reduce play on the course. Councilman Aubrey distributed a comparison of area golf course rates. Council consensus was to make no changes in the rates at this time. • ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:35 p.m. Melissa Teal, CMC, Village Clerk • 7