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10-26-2006 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • OCTOBER 26, 2006 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Darryl Aubrey, Councilman Mark Bates, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk RnT.T. CAT.T, 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 Vice Mayor Eissey gave the invocation and Councilman Aubrey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION • Wayne Jones, C.O.O., Palm Beach Gardens Medical Center, presented a check in the amount of $12,565.00 to -the- Village- -for--the purchase of s-even- automated external- defibrillators (AEDsj. Carrie Browne, Community Heart and Stroke Director, American Heart Association, presented the Village with the Heart Ready Award, in recognition of our completion of the Public Access Defibrillator program. Assistant Fire Chief Jack Watrous noted that AEDs are now in place in all of our public buildings and in the on-duty Police and Fire units. On behalf of the Village Council, Mayor Norris presented a plaque to Robert F. Rennebaum in recognition ofhis service to the Village as President Pro Tem and Councilman. Mayor Norris proclaimed November 13th through 19th, 2006 as "LPGA Playoffs at the 2006 ADT Championship Week" in the Village of North Palm Beach. Vice Mayor Eissey, a member of the LPGA Board, accepted the proclamation. APPROVAL OF MINUTES Minutes of the Special Session held 10/12/06 and Minutes of the Regular Session held 10/12/06 were approved as written. BILL 1217 -ESTABLISHMENT OF PUBLIC WORKS DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT -TABLED TO 11/09/06 • Vice Mayor Eissey moved to remove from the table a proposed ordinance amending the Code of Ordinances to eliminate the Department of Public Services and create a Department of Public Works and a Department of Community Development. President Pro Tem Manuel seconded the motion, which passed unanimously. MINUTES OF REGULAR SESSION I3ELD OCTOBER 26, 2006 Vice Mayor Eissey moved that Bill 1217 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO THE ELIMINATION OF THE DEPARTMENT OF PUBLIC SERVICES AND THE CREATION OF A DEPARTMENT OF PUBLIC WORKS AND A DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III, "ADMINISTRATIVE CODE," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 6, "DEPARTMENT OF PUBLIC SERVICES," AND CREATING A NEW DIVISION 10, "DEPARTMENT OF COMMUNITY DEVELOPMENT;" AMENDING SECTION 2-84 AND SECTION 2-85 AND CREATING A NEW SECTION 2-111 AND 2-112; 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. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Discussion ensued on postponing second reading of Bill 1217 until second reading of Bill 1218, which corrects references to Public Services in the Code of Ordinances. Councilman O'Meilia moved to table this ordinance until the next meeting. President Pro Tem Manuel seconded the motion, which passed unanimously. • BILL 1218 - CODE AMENDMENT ALLOCATING DUTIES OF DEPT. OF PUBLIC SERVICES TO DEPT. OF PUBLIC WORKS AND DEPT. OF COMMUNITY DEVELOPMENT -- AND CLARIFYING CHARTERREFERENCE =PLACED ONFIRST-READING _ - Vice Mayor Eissey moved that Bill 1218 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT THE ELIMINATION OF THE DEPARTMENT OF PUBLIC SERVICES AND ALLOCATE ITS DUTIES AND RESPONSBILITIES BETWEEN THE NEWLY CREATED DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING SECTIONS 2-40, 5-15, 6-17, 6-114, 6-117, 8-3, 14-27, 14-29, 15-2, 19-112, 19-116, 19-117, 21-44, 21-47, 21-70, 21-103, 21-104, 27-27, 36-9, 36-10, 36-11, 36-12, 36-14, 36-38.1, 45-20, 45-27 AND 45-37 OF THE VILLAGE CODE; CLARIFYING THAT THE CHARTER REFERENCE TO THE DEPARTMENT OF PUBLIC SERVICES SHALL APPLY TO BOTH NEWLY CREATED DEPARTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Manuel seconded the motion. Discussion ensued on Section 3 of the Ordinance regarding clarification of the Charter reference to Public Services. Village Attorney Len Rubin recommended that when the ordinance is • codified, a footnote be included in the Charter to reference this ordinance. 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. 2 MINUTES OF REGULAR SESSION HELD OCTOBER 26, 2006 BILL 1219 - DOMANI P.U.D. AMENDMENT -PLACED ON FIRST READING Vice Mayor Eissey moved that Bi111219 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 14-2005 TO PROVIDE FOR THE ADOPTION BY RESOLUTION OF TIMEFRAMES FOR THE CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND RESIDENTIAL UNITS WITHIN THE DOMANI PROJECT PLANNED UNIT DEVELOPMENT; 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. Discussion was held on the associated resolution, to be adopted upon enactment of this ordinance, which provides for commencement of construction of utility infrastructure by 5/31/08 and construction of Condominium Tower by 12/31/08. Thereafter, the motion passed unanimously. BILL 1220 -DEFINED CONTRIBUTION PENSION PLAN -PLACED ON FIRST READING Vice Mayor Eissey moved that Bi111220 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE CREATION OF A DEFINED CONTRIBUTION • PENSION PLAN FOR EACH OF FIVE VILLAGE EMPLOYEE GROUPS TO BE ADMINISTRATED BY THE ICMA RETIREMENT CORPORATION AND AUTHORIZING HE MAYOR AND- VILLAGE CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO ESTABLISH SUCH PLANS; ESTABLISHING A VESTING SCHEDULE AND VESTING PERIOD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Aubrey seconded the motion. Mr. Rubin reviewed minor changes to the Administrative Services Agreement, which included identifying the Village as a municipal corporation, revision to the indemnification provision, and clarification regarding certain language about plan administrator. Discussion ensued on the documents referred to in the caption of the ordinance. Village Manager Mark Bates clarified that for each plan created, there will be two documents to be executed - a plan adoption agreement and the Administrative Services Agreement. Mr. Rubin will revise the ordinance to reference the agreements. Discussion took place on the percentage of the employee's contribution and stipulating a minimum amount. It was also noted that by law the amount of the employee's contribution may not be changed after entering into the Plan. Discussion was held on pre-tax contributions, plan administration fees of .55% to be paid out of the earnings of the employee's account, and other management fees, including an annual maintenance fee for general administration of the fund that varies by the size of participants and assets. It was noted that the employee's contribution is fully vested at the start, while the Village contribution is subject to the vesting period. Thereafter, the motion passed unanimously. 3 MINUTES OF REGULAR SESSION HELD OCTOBER 26, 2006 BILL 1221 -NON-PROFIT GROUP PLAY FEE INCREASE -TABLED TO 11/9/06 President Pro Tem Manuel moved that Bi111221 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, INCREASING THE 2006-2007 NORTH PALM BEACH COUNTRY CLUB BUDGET FEE FOR NON-PROFIT GROUP PLAY FROM THIRTY-FIVE DOLLARS ($35.00) TO FIFTY-FIVE DOLLARS ($55.00); LIMITING NON-PROFIT GROUP PLAY TO THE TIMES OF THE CLUB'S SUMMERTIME "AFTERNOON SPECIAL" PLAY; AUTHORIZING THE ADMINISTRATION TO ESTABLISH CERTAIN PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Aubrey seconded the motion. Discussion ensued on the Country Club Rules and Regulations with regard to special events. Discussion ensued on whether the non-profit group play rate of $35 was included in the budget. Vice Mayor Eissey moved to table this item to the next meeting. Councilman O'Meilia seconded the motion, which passed unanimously. CONSENT AGENDA Vice Mayor Eissey moved to approve the consent agenda. Councilman O'Meilia seconded the motion, and all present voted aye. The following items were approved: • Resolution authorizing purchase of one ID500 Child ID System to be used by the Public Safety Dept. to provide children's identification. and fingerprint data .for safety purposes, in the amount of $11,695.50 from Cross Match Technologies, Inc. Resolution authorizing purchase of one Dodge Ram 2500 Utility Truck, in an amount not to exceed $24,359 from Maroone Dodge of Miami; declaring existing 1999 utility truck #41 as surplus property and authorizing its disposal. Receive Minutes of Recreation Advisory Board meeting held 10/10/06 Receive Minutes of Audit Committee meeting held 10/11/06 RESOLUTION 2006-87 ADOPTED -GOLF COURSE GREENS MAINTENANCE TECHNICIANS Councilman O'Meilia moved that Resolution 2006-87 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE HIRING OF TWO ADDITIONAL FULL TIME GREENS MAINTENANCE TECHNICIANS FOR THE COUNTRY CLUB GOLF COURSE AND ADDING THE POSITIONS TO THE COUNTRY CLUB'S APPROVED PAY PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion. • Discussion was held concerning the cost per position for salary and benefits for this year, as well as the ongoing annualized cost of adding a position. Therea$er, the motion passed unanimously. 4 MINUTES OF REGULAR SESSION HELD OCTOBER 26, 2006 RESOLUTION 2006-88 ADOPTED - EMERGENCY JOINT PARTICIPATION AGREEMENT WITH FDOT Vice Mayor Eissey moved that Resolution 2006-88 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EMERGENCY JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO DEBRIS REMOVAL ALONG FEDERAL HIGHWAY ADMINISTRATION FUNCTIONALLY CLASSIFIED ROADS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE Councilman O'Meilia seconded the motion. Discussion took place on the status of repairs to hurricane damaged streetlights. Mr. Bates reported that repairs are scheduled to begin in December, and noted that FPL has given us credit for the lights that have not been in use. Discussion ensued on the tree supports that are still in place for trees along U.S. Highway 1. Thereafter, the motion passed unanimously. RESOLUTION 2006-89 ADOPTED -ESCROW AGREEMENT WITH PALM BEACH COUNTY CLERK AND COMPTROLLER • President Pro Tem Manuel moved that Resolution 2006-89 entitled -- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN ESCROW AGREEMENT WITH THE PALM BEACH COUNTY CLERK AND COMPTROLLER FOR THE PAYMENT OF RECORDING FEES AND OTHER CHARGES INCURRED BY THE VILLAGE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion and all present voted aye. RESOLUTION -CONSTRUCTION SERVICES AGREEMENT FOR POOL DECK -NOT APPROVED Parks and Recreation Director Mark Hodgkins reported on the bids that were received and recommended that Council reject all bids and re-bid the project. Vice Mayor Eissey moved to reject the bids and to rebid the project. President Pro Tem Manuel seconded the motion. Discussion ensued on the amount required for the bid bond. Thereafter, the motion passed unanimously. • MONUMENT SIGN DESIGN CONCEPT FOR VILLAGE FACILITIES APPROVED President Pro Tem Manuel moved to approve the sign design, lettering size and color, and sign base color, style and texture for a standardized monument sign to be used at Village facilities. Councilman Aubrey seconded the motion. 5 MINUTES OF REGULAR SESSION HELD OCTOBER 26, 2006 Community Development Director Charles Cangianelli advised that the sign base will be matched to the stone on Village Hall and the top portion will be stucco of the same color as the • exterior of Village Hall, and this will be carried through to all the Village facilities signs. Discussion was held concerning the sign for the Public Safety building which will have "John S. Atwater complex" on it and whether other buildings that have been named for an individual would have that name placed on the sign as well. Discussion ensued on erecting a separate sign for the Library. Vice Mayor Eissey moved to amend by providing that signs for buildings that have been named after an individual will have that name on it. Councilman Aubrey seconded the motion, which passed 4 - 1, with Vice Mayor Eissey, Councilman Aubrey, Councilman O'Meilia, and Mayor Norris voting aye, and President Pro Tem Manuel opposed. Councilman O'Meilia moved to amend by requiring that the sign face layout of all signs will come back to the Council for approval. President Pro Tem Manuel seconded the motion, which passed 4 - 1, with Councilman O'Meilia, President Pro Tem Manuel, Councilman Aubrey and Mayor Norris voting aye, and Vice Mayor Eissey opposed. The original motion, as twice amended, passed unanimously. Discussion was held concerning Planning Commission approval. Councilman O'Meilia moved to approve the sign for the Public Safety facility. President Pro Tem Manuel seconded the motion and all present voted aye. • MAYOR AND COUNCIL MATTERS President Pro Tem Manuel reported on the meeting of the Florida League of Cities Home Rule __ Council on 10/20/06, and the priorities determined by the Council. Councilman O'Meilia reported on the ongoing lawsuit by Boca Raton and other cities concerning dispatch fees, which is going to a legislative judgment. WATERWAYS BOARD RECOMMENDATION ON LAGOON END MOORING Mr. Cangianelli reviewed the lagoon end mooring issue with regard to using a riparian rights methodology to establish the lagoon end area mooring rights of the respective homeowners. Mr. Cangianelli briefly discussed the proposal of SFRN to produce a series of sketches showing the apportionment of riparian rights on dead end canals within the Village. Mr. Bates reviewed items recommended by staff for Council consideration including the investment of further time, staff resources, and funds toward investigation of the lagoon end riparian rights issue; assistance of the Village Attorney to review laws and recommend code amendments, and retaining SFRN to create drawings of all lagoon ends. Tom Riggs, Waterways Board Chairman, addressed the Council concerning the history of the Waterways Board's discussion ofthis matter, grandfathering issues, riparian rights methodology, • and the need for involvement of the Village Attorney and Village Engineer. 6 MINUTES OF REGULAR SESSION HELD OCTOBER 26, 2006 Council consensus was to move forward with items #1 and #2 of Stan's recommendation by directing the Village Attorney to research this issue and make recommendations, and requesting • further investigation and analysis by staff. VILLAGE MANAGER MATTERS Mr. Bates announced a Veterans' Day ceremony to be held at Osborne Park at 10:00 a.m. on Saturday, November 11, 2006. Mr. Bates announced the opening of the golf course on Friday, November 17, 2006. Mr. Bates invited the Council to attend the employee holiday party to be held at the Village Green Restaurant and Bar at the Country Club on December 8, 2006. Mr. Bates announced the installation of new gas tanks at Public Works on November 13, 2006. Mr. Bates reported on issues with grassing of the roughs at the golf course and the lease for golf course equipment. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:50 p.m. • ~ ~ ~~ Melissa Teah CMC; Village-Cler - - - - - - - - - • 7