Loading...
06-08-2006 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 8, 2006 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Manny Grinn, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk 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 President Pro Tem Manuel gave the invocation, and Vice Mayor Eissey led the public in the Pledge ofAllegiance to the Flag. APPROVAL OF MINUTES Minutes of the Regular Session held 5/25/06 were approved as written. STATEMENTS FROM THE PUBLIC Lisa Molina, 500 Driftwood Road, addressed the Council to request a change in the V"illage Code to allow storage sheds. This issue will be placed on a Workshop agenda for discussion. Ms. Molina was advised not to ignore the code violation citation she received as it still stands. BILL 1201 -ANCHORAGE MARINA PARKING -ENACTED AS ORDINANCE 2006-08 Vice Mayor Eissey moved that Bill 1201 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5-33, DESIGNATED; USE RESTRICTED AND SECTION 5-35, PERMITS REQUIRED, OF ARTICLE II, BOAT LAUNCHING AREA, OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE; ADDING SECTION 5-38 TITLED VIOLATION; PENALTY; PROVIDING • FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE MINUTES OF REGULAR SESSION HELD JUNE 8, 2006 be placed on second reading and read by title alone. President Pro Tem Manuel seconded the • motion, and all present voted aye. Councilman O'Meilia moved to enact Bill 1201 as Ordinance 2006-08. President Pro Tem Manuel seconded the motion, which passed unanimously. BILL 1202 -WATERWAYS BOARD TERMS -PLACED ON FIRST READING Vice Mayor Eissey moved that Bi111202 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5-103(b), COMPOSITION; TERMS; VACANCIES OF ARTICLE V, WATERWAYS BOARD, OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF CHANGING THE EXPIRATION OF TERMS OF MEMBERS OF THE WATERWAYS BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 1203 -BUDGET AMENDMENT - 1ST READING FAILED Vice Mayor Eissey moved that Bi111203 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND, CAPITAL PROJECTS FUND, AND GRANT FUND BUDGETS FOR THE FISCAL YEAR 2005-2006 TO TRANSFER FUNDS FROM UNRESTRICTED UNRESERVED FUND BALANCE IN THE AMOUNT OF $1,100,000 TO THE CAPITAL PROJECTS FUND IN THE AMOUNT OF $700,000 AND TO THE GRANT FUND IN THE AMOUNT OF $400,000 AND TO AMEND THE NORTH PALM COUNTRY CLUB BUDGET FOR THE FISCAL YEAR 2005-2006 AND CREATING A CAPITAL PROJECTS BUDGET FOR USE OF BANK LOAN PROCEEDS IN THE AMOUNT OF $4,893,673 FOR CAPITAL PROJECT GOLF COURSE RENOVATION INCLUDING TRANSFERS IN THE AMOUNT OF $150,000 TO COUNTRY CLUB FUND FOR COURSE CLOSURE EXPENDITURES be placed on first reading and read by title alone. President Pro Tem Manuel seconded the motion. Councilman Grinn moved to amend the ordinance by changing the words "unrestricted unreserved" to "unappropriated." The motion died for lack of a second. Councilman O'Meilia moved to amend by separating the ordinance into two ordinances -one to amend the General Fund, Capital Projects Fund, and Grant Fund Budgets, and one to amend the Country Club Budget. During discussion, Village Attorney George Baldwin advised that Council could take this ordinance and strike the portion pertaining to the Country Club budget and have first reading on it, however there is not a second, separate ordinance before the Council • to be read. Councilman O'Meilia withdrew his motion. 2 MINUTES OF REGULAR SESSION HELD JUNE 8, 2006 Discussion ensued on the Country Club Budget. Discussion was held on amending the budget to • appropriate matching funds for FRDAP grants. Council consensus was to bring back separate ordinances for General Fund and Country Club Budget amendments at the next meeting, and to delete the $400,000 appropriation for matching funds for FRDAP grants unless notification is received in the interim that the Village has been awarded the grants. Thereafter the motion for first reading of Bill 1203 failed, with all present voting nay. RESOLUTION 2006-37 ADOPTED -APPOINTING MEMBER TO COUNTRY CLUB ADVISORY BOARD Vice Mayor Eissey moved to take from the table a proposed resolution appointing a member to the Country Club Advisory Board. Councilman O'Meilia seconded the motion, which passed unanimously. By written ballot, a copy of which is attached to the copy of record, the Council appointed Rosemary Truesdell to the Country Club Advisory Board. Thereafter, the name of Rosemary Truesdell was entered into Resolution 2006-37. Councilinan O'Meilia moved that Resolution 2006-37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE COUNTRY CLUB ADVISORY BOARD AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 2006-38 ADOPTED - BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT ADDENDUM Vice Mayor Eissey moved that Resolution 2006-38 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 THE ADDENDUM TO BELLSOUTH BUSINESS SERVICES MASTER AGREEMENT #CPG-4758 WITH BELLSOUTH MNS, INC., AND. BELLSOUTH TELECOMMUNICATIONS, INC., ATTACHED AS EXHIBIT "A" WHICH AGREEMENT IS FOR THE PURPOSE OF THE VILLAGE OBTAINING NET VPN TELECOMMUNICATIONS EQUIPMENT AND SERVICES FOR VILLAGE FACILITIES; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. Discussion ensued on the Addendum. Council consensus was to send a cover letter to BellSouth clarifying that the Addendum was approved with the understanding that BellSouth is providing services to five locations (Anchorage Park, North Palm Beach Country Club, Public Safety Facility, Community Center • and Public Services) and there is no change in the total price. Thereafter, the motion passed with all present voting aye. 3 MINUTES OF REGULAR SESSION HELD JUNE 8, 2006 RESOLUTION 2006-39 ADOPTED -HEALTH INSURANCE RENEWAL • Councilman O'Meilia moved that Resolution 2006-39 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE RENEWAL PROPOSAL OF UNITED HEALTHCARE FORA 15-MONTH PERIOD BEGINNING JULY 1, 2006 AND ENDING SEPTEMBER 30, 2007, TO CONTINUE TO PROVIDE THE VILLAGE WITH HEALTH INSURANCE FOR VILLAGE EMPLOYEES AT A RATE INCREASE OF 3.9% AND INCLUDING A 3-TIER COVERAGE PLAN, WHICH RENEWAL PROPOSAL IS ATTACHED TO THIS RESOLUTION AS EXHIBIT "A" AND MADE PART HEREOF; ESTABLISHING AND SETTING FORTH CONTRIBUTIONS FOR HEALTH INSURANCE BY EMPLOYEES OF THE VILLAGE BEGINNING JULY 1, 2006; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously. RESOLUTION 2006-40 ADOPTED -LEGAL SERVICES REPRESENTATION AGREEMENT Councilman O'Meilia moved that Resolution 2006-40 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 AN AGREEMENT WITH BOOSE CASEY CIKLIN MARTENS MCBANE & O'CONNELL LAW FIRM ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES THE VILLAGE WITH LEGAL REPRESENTATION BY SUCH LAW FIRM FOR THE LAWSUIT FILED BY FLORIDA BLACKTOP, INC. AGAINST THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. Vice Mayor Eissey declared a voting conflict. It was requested that the Village Attorney review the contract with Florida Blacktop to determine if the Village is able to recover attorney fees. Thereafter, the motion passed 4 - 0, with Councilman O'Meilia, President Pro Tem Manuel, Councilman Grinn, and Mayor Norris voting aye. RESOLUTION 2006-41 ADOPTED -FLORIDA BOATING IMPROVEMENT GRANT Vice Mayor Eissey moved that Resolution 2006-41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO TAKE ALL STEPS NECESSARY TO APPLY FOR AND EXECUTE A $200,000 GRANT FROM THE FLORIDA BOATING IMPROVEMENT PROGRAM ATTACHED AS EXHIBIT "A", WHICH GRANT IS FOR THE PURPOSE OF FUNDING A PROGRAM TO IMPROVE ANCHORAGE PARK MARINA FACILITIES AND BOAT RAMP, AND FOR OTHER • PURPOSES; AND, PROVIDING FOR AN EFFECTIVE DATE. 4 MINUTES OF REGULAR SESSION HELD JUNE 8, 2006 be adopted. President Pro Tem Manuel seconded the motion. Mr. Bates clarified that the • Village has not yet been awarded the grant, and the resolution empowers the Mayor to execute any necessary documents to make the application. Mr. Bates advised that the grant could be rejected at any time up until the Village applies for the money and receives reimbursement. Mr. Bates reported that due to timing, the grant application has already been submitted, however it also requires a resolution of the Council. Mr. Bates advised that the intent is to use monies from the FRDAP grant for the required matching funds. Thereafter, the motion passed unanimously. CONFIRMATION OF APPOINTMENT -DEPUTY VILLAGE CLERK Vice Mayor Eissey moved to confirm the appointment of Christine Wilcott as Deputy Village Clerk. Councilman O'Meilia seconded the motion, which passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS It was requested that any Councilman who plans to attend the Florida League of Cities Conference in Jacksonville from 8/10/06 - 8/12/06 contact the Clerk within the next week. Vice Mayor Eissey announced that Governor Bush signed the bill to rename State Road Al A from PGA Boulevard to the Burnt Bridge as "Jack Nicklaus Drive." Stan Brown of Ambit Marketing was present to provide an annexation update. Mr. Brown recommended a pause in the Village's annexation efforts until completion of the golf course renovation project and construction of the North Substation. Mr. Brown displayed a copy of the draft "State of the Village Annual Report" and "Question and Answer" brochure. Mr. Brown recommended that the Council authorize completion of the "State of the Village Annual Report" and that it be sent out annually to Village residents. Mr. Brown advised that although the "Question and Answer" brochure is complete, it should be shelved for the present time. Vice Mayor Eissey moved to accept Mr. Brown's report and to cease annexation efforts for the time being. Councilman O'Meilia seconded the motion, which passed unanimously. A determination on issuing the "State of the Village Annual Report" will be considered at the next meeting. Howard Rew, Senior Manager, Cherry, Beckaert and Holland, was present to review and answer questions concerning the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending 9/30/05. Discussion took place concerning including a Budgetary Comparison Schedule for the Country Club Fund in next year's report. Mr. Rew advised that the Budgetary Comparison Schedule for the General Fund is a required disclosure in the CAFR, but a similar schedule for an Enterprise Fund such as the Country Club is not required and therefore was not included. Council consensus was that a comparison schedule for the Country Club Budget be included in the next CAFR. The Financial Reporting Findings OS-1 and OS-2, on pages 83 and 84 of the CAFR respectively, were added to the Action Log. Discussion took place concerning code enforcement fine reduction hearings by the Village Council. Village Attorney George Baldwin opined that the Village Council may hear appeals of • code enforcement fines, but the Code of Ordinances should be amended to provide a procedure for it, if the Council determines it wishes to hear fine reduction appeals. Mr. Baldwin advised 5 MINUTES OF REGULAR SESSION HELD JUNE 8, 2006 that code enforcement respondents may appeal the Order of the Code Enforcement Board in • Circuit Court within 30 days, and that Village Code provides that after coming into compliance, a respondent may present their case for a fine reduction to the Code Enforcement Board, and after the decision of the Code Enforcement Board there is no right of appeal. Mr. Baldwin opined that the Council can decide not to hear appeals of code enforcement fines. Mayor Norris, Vice Mayor Eissey, and Councilman O'Meilia were not in favor of the Council hearing fine reduction appeals. Discussion took place on a letter the Council received in reference to problems with the air conditioning at the Country Club. This issue will be discussed further at a Council Workshop. Discussion was held concerning Section 2-151 of the Village Code with regard to the General Employees Retirement Board and designation of Vice Mayor Eissey to serve in the Mayor's place as nonvoting Chairman. Mayor Norris designated Vice Mayor Eissey to serve on the Pension Board in his place, retroactively to his appointment as Mayor. Per Village Code, the Chairman does not vote except in case of a tie vote. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported that Sprint/Nextel wishes to to locate a fixed on-site emergency generator. Council consideration. lease additional space at the Community Center This item will be placed on the next agenda for Mr. Bates discussed a letter from the Florida Dept. of Transportation, which asks if the Village wants its assistance in clearing hurricane debris from Federal Aid Roadways and/or local roads. Administration and staff recommendation is to decline FDOT assistance. Mr. Bates advised that as an alternative, the Village could choose not to respond to the letter. Brief discussion was held concerning the federal government's requirement that local elected officials complete National Incident Management Training (NIMS) and obtain certification. Mr. Bates reported that an item concerning a contribution surplus to the General Employees Pension Plan will be placed on the next agenda for discussion. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Audit Committee Chairman Tom Magill and Vice Chairman Richard Podell presented the Annual Report of the Audit Committee. Mayor Norris acknowledged receipt by the Council of the following Board minutes: Minutes of Country Club Advisory Board meeting held 5/8/06 Minutes of Library Advisory Board meeting held 5/23/06 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:39 p.m. • i~~ ~ _~ lam, ~ ~ ~~~ Melissa Teal, CMC, Village Clerk 6 CLERK'S TALLY SHEET COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Round 1 Round 2 Round 3 Hess, Arnold ~~ Truesdell, Rosemary ~` i (Signature) l (Signature) • BALLOT COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Round 1 Hess, Arnold Truesdell, Rosemary Round 2 Round 3 • BALLOT COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Round 1 Round 2 Round 3 Hess, Amold Truesdell, Rosemary ( gnature) • ~ BALLOT COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Round 1 Hess, Arnold Truesdell, Rosemary r. (Signature) Round 2 Round 3 r~ U ~ BALLOT COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Round 1 Round 2 Round 3 Hess, Arrtol Truesdell, Rosemary ~~~~~~ (Signature) • BALLOT COUNTRY CLUB ADVISORY BOARD June 8, 2006 Vacancies: 1 Hess, Arnold Truesdell, Rosemary Round 1 Round 2 Round 3 •