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12-09-2004 VC REG-A VILLAGE OF NORTH PALM BEACH AGENDA REGULAR SESSION THURSDAY, DECEMBER 9, 2004 COUNCIL CHAMBERS 7:30 P.M. Donald G. Noel [ ] Edward Eissey [ ] Charles O’Meilia [ ] David B. Norris [ ] Rob Rennebaum [ ] Mayor Vice Mayor President Pro Tem Councilman Councilman Mark Bates [ ] George Baldwin [ ] Melissa Teal [ ] Village Manager Village Attorney Village Clerk 1.ROLL CALL 2.INVOCATION – PRESIDENT PRO TEM O’MEILIA 3.PLEDGE OF ALLEGIANCE – VICE MAYOR EISSEY 4. APPROVAL OF MINUTES a. Minutes of Special Session held 10/13/04 b. Minutes of Special Session held 10/21/04 c. Minutes of Interview Meeting held 11/18/04 d. Minutes of Regular Session held 11/18/04 MANAGER’S REQUEST FOR COUNCIL APPROVAL TO ACCEPT MEETING AGENDA FORMAT a. Brief discussion of Agenda organization: 1st) Public Comments 2nd) Village Business Actions a) public hearings - first (provides early public meeting participation) b) consent business - second (self-explanatory and “routine” items) c) all other business - third (items providing staff presentation / explanation) 3rd) Council and Administration matters (individual discussion and / or action items) 5. STATEMENTS FROM THE PUBLIC 6. EX PARTE COMMUNICATIONS 7.ORDINANCES a. 2ND READING – BILL1158 – AMENDING BUDGET TO APPROPRIATE FUNDS FOR COUNTRY Consider a motion to approve second reading and CLUB ADMINISTRATION OVERTIME PAY enactment of a proposed ordinance amending the Country Club Fund Budget for fiscal year 2004- 2005 to appropriate funds in the amount of $1,000 for overtime pay in Country Club Administration. ACTION Enact Bill 1158 as Ordinance . REGULAR SESSION AGENDA – THURSDAY, DECEMBER 9, 2004 b. Consider a 2ND READING – BILL 1159 – (ORD 33-2004) – VOLUNTARY ANNEXATION motion to approve second reading and enactment of Bill 1159, a proposed ordinance annexing to the Village a compact, contiguous parcel of land located at 9225 Alternate A1A now occupied by U-Haul Co. of Florida, Inc., and consisting of 0.92 acres of land, more or less, and redefining the boundary lines of the Village. ACTION Enact Bill 1159 as Ordinance 33-2004. c. Consider a motion to approve second reading and 2ND READING – BILL 1160 – REZONING enactment of Bill 1160, a proposed ordinance rezoning a parcel of land located at 9225 Alternate A1A, consisting of 0.92 acres of land, more or less, from Palm Beach County zoning district CE/SUP to Village C-2 Commercial District. ACTION Enact Bill 1160 as Ordinance . d. Consider a motion 2ND READING – BILL 1161 – SMALL-SCALE COMP PLAN AMENDMENT to approve second reading and enactment of Bill 1161, a proposed ordinance adopting Amendment 04-2 to the adopted Comprehensive Plan for the Village of North Palm Beach, pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act; providing for revisions to the Future Land Use Map Series. ACTION Enact Bill 1161 as Ordinance . e. Consider a motion 2ND READING – BILL 1157 – CODE AMENDMENT – VILLAGE MANAGER to approve second reading and enactment of a proposed ordinance amending Section 2-115, Residency, and Section 2-116, Removal, of Article IV, Manager, of Chapter 2, Administration, of the Code of Ordinances to provide that the Village Manager attain residency in the Village within 120 days of his appointment, and to provide for termination benefits. ACTION Enact Bill 1157 as Ordinance . 8. CONSENT AGENDA The Consent Agenda is designed for the purpose of expediting issues considered to be of a routine or pro-forma nature such that the Council determines is not necessary to discuss and vote on each item separately. Any member of Council may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. A. Village Administration 1. approving Agreement extending lease with Benjamin School for North Resolution: Substation trailer property. 2 REGULAR SESSION AGENDA – THURSDAY, DECEMBER 9, 2004 2. approving 1st Amendment to Agreement with Randall L. Wolff, M.D., Medical Resolution: Director 3. approving Disaster Relief Funding Agreement with Dept. of Community Affairs Resolution: for Hurricane Jeanne. 4. approving Palm Beach County Law Enforcement Mutual Aid Agreement. Resolution: *End of Consent Agenda* 9.RESOLUTIONS a. Consider a motion to adopt a resolution BID AWARD FOR PHASE 3 & 4 CANAL DREDGING accepting the bid of Subaqueous Services, Inc., Fort Lauderdale, Florida, in the amount of $346,024 for Phase 3 & 4 Canal Dredging; funds to be expended from K5200-49930 (Canal Dredging Project). ACTION b. LOCAL AGENCY PROGRAM AGREEMENT WITH FL DEPT. OF TRANSPORTATION Consider a motion to adopt a resolution authorizing and directing the Mayor and Village Clerk to enter into a Local Agency Program Agreement with the FL Dept. of Transportation, to facilitate the construction of a streetscape beautification project on Northlake Blvd. from U.S. Highway 1 to Southwind Drive. ACTION 10. MISCELLANEOUS BUSINESS a. Presentation by Grau & Company, P.A. of its AUDITOR PAYROLL PROCEDURES REPORT payroll audit report. ACTION b. Consider a motion to direct the Village PALM BEACH COUNTY ANNEXATION LAWSUIT Attorney to file a Motion to Intervene as a plaintiff in the lawsuit between the Village of Wellington and the City of Delray Beach, Plaintiff, vs. Palm Beach County, Florida and Theresa LePore, Supervisor of Elections for Palm Beach County, Florida, Defendents. ACTION c. Consider a motion authorizing and AMENDMENT OF AUDIT COMMITTEE ORDINANCE directing the Village Administration and Village Attorney to prepare amendments to the Audit Committee creation ordinance as recommended by the Audit Committee and to bring this back for Council consideration and approval at the first January meeting. ACTION 11. REPORT OF THE MAYOR 3 REGULAR SESSION AGENDA – THURSDAY, DECEMBER 9, 2004 12. VILLAGE MANAGER’S REPORT a. Introduction of new Public Safety Director b. Update on Fire Rescue Services 1. Tentative Union Agreement a. “Kelly Days”/overtime control 2. Purchase of Defibrillators 3. Trailer replacement – Benjamin School 13. PETITIONS AND COMMUNICATIONS a. Minutes of Code Enforcement Board meeting held 11/1/04 b. Minutes of Country Club Advisory Board meeting held 11/8/04 14.REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS a. Minutes of Audit Committee meeting held 11/30/04 1. recommended “to remove the Village Manager’s office from membership on the Audit Committee, appoint the 1st alternate as a permanent member of the Committee, and provide for a single alternate instead of 2” 15.ADJOURNMENT Next Ordinance 32-2004 Next Resolution 74-2004 If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. 4 VILLAGE OF NORTH PALM BEACH AGENDA ADDENDUM REGULAR SESSION THURSDAY, DECEMBER 9, 2004 13.RESOLUTIONS b. Consider a APPROVING AMENDMENT TO PBA-GENERAL AGREEMENT (TABLED 10/28/04) motion to adopt a resolution authorizing the Mayor and Village Clerk to execute a written amendment to the 2003-2006 Agreement between the Village and Palm Beach County Police Benevolent Association – General. ACTION 14. MISCELLANEOUS BUSINESS a. Consider a motion to consent to a TAYCON CONSTRUCTION MANAGEMENT SETTLEMENT proposed settlement of the contract with Taycon Construction Management, Inc., in the amount of $50,000 payable by members of the Northlake Boulevard Task Force in the following fashion: Palm Beach County - $25,000; City of Palm Beach Gardens - $12,500; and Village of North Palm Beach - $12,500. ACTION