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12-14-2006 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 14, 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 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, who was out of town. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation and Mayor Norris led the public in the Pledge of Allegiance to the Flag. • AWARDS AND RECOGNITION Dr. Donna Riegel, North Palm Beach Library Director, introduced Sue Holmes, North Palm Beach Library Technical Services Manager. Sue Holmes received the Outstanding Achievement Award in Genealogy from the Florida State Genealogy Society. APPROVAL OF MINUTES Minutes ofthe Special Session held 11/30/06 were approved as written. STATEMENTS FROM THE PUBLIC Kim Pollard, 712 Huckleberry Lane, presented a petition concerning the Village Manager. Tom Magill, 119 Atlantic Road, reported that the Audit Committee will meet on 12/20 to review the Caler, Donten proposal for management services. Mr. Magill estimated a not to exceed cost of $12,000, and anticipated that this item will be ready for the first Council meeting in January. BILL 1220 DEFINED CONTRIBUTION PENSION PLAN - ENACTED AS ORDINANCE 2006-26 Councilman O'Meilia moved to remove from the table a proposed ordinance approving the creation of a defined contribution pension plan as an alternative choice for Village employees. • Vice Mayor Eissey seconded the motion, which passed unanimously. MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 President Fro Tem Manuel moved that Bill 1220 entitled a AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE CREATION OF A DEFINED CONTRIBUTION PENSION PLAN FOR VILLAGE EMPLOYEE GROUPS TO BE ADMINISTRATED BY THE ICMA RETIREMENT CORPORATION AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ADMINISTRATIVE SERVICES AGREEMENT AND ADOPTION AGREEMENTS WITH ICMA; ESTABLISHING A VESTING SCHEDULE AND VESTING PERIOD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman O'Meilia seconded the motion, which passed unanimously. Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris closed the public hearing. Councilman O'Meilia moved to enact Bill 1220 as Ordinance 2006-26. Councilman Aubrey seconded the motion, and all present voted aye. BILL 1221 -NON-PROFIT GROUP PLAY FEE -ENACTED AS ORDINANCE 2006-27 President Pro Tem Manuel moved that Bill 1221 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING THE 2006-2007 NORTH PALM BEACH COUNTRY CLUB BUDGET FEE FOR NON-PROFIT GROUP PLAY AT 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 second reading and read by title alone. Councilman O'Meilia seconded the motion. Mayor Norris opened the public hearing. Tom Magill, 119 Atlantic Road, stated that he felt the ordinance was self-limiting, since anon-profit might group might be willing to pay more to play at times other than afternoon in the summertime. President Pro Tem Manuel moved to amend the ordinance to add the word "minimum" after fifty- five dollars. Vice Mayor Eissey seconded the motion. Discussion ensued on limiting non-profit play to afternoons in the summertime or leaving it to the discretion of the Country Club Director and golf pros. Thereafter the motion failed 2 - 3, with President Pro Tem Manuel and Vice Mayor Eissey voting aye and Councilman Aubrey, Councilman O'Meilia, and Mayor Norris voting nay. • Vice Mayor Eissey moved to delete the second sentence in Section 3 of the ordinance. The motion failed for lack of a second. 2 MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 Thereafter, the original motion passed unanimously. • Th e Council noted that this ordinance does not prohibit non-profit groups from paying full-pnce to play at times other than summer afternoons. Councilman O'Meilia moved to enact Bill 1221 as Ordinance 2006-27. President Pro Tem Manuel seconded the motion, which passed unanimously. BILL 1222 -CONVERTING OCCUPATIONAL LICENSE FEES TO BUSINESS TAXES - ENACTED AS ORDINANCE 2006-28 Councilman O'Meilia moved that Bill 1222 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO CHANGE THE TERMS "OCCUPATIONAL LICENSE TAX" AND "OCCUPATIONAL LICENSE," TO "LOCAL BUSINESS TAX," AND "BUSINESS TAX RECEIPT" AS REQUIRED BY RECENT STATUTORY AMENDMENTS; AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE VI, "CODE ENFORCEMENT BOARD," BY AMENDING SECTION 2-173; AMENDING CHAPTER 3, "ALCOHOLIC BEVERAGES," BY AMENDING SECTION 3-4; AMENDING CHAPTER 12, "FIRE PREVENTION AND PROTECTION," ARTICLE II, "FLORIDA FIRE PREVENTION CODE," BY AMENDING • SECTION 12-17; AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," ARTICLE I, "IN GENERAL," AND ARTICLE II, "OCCUPATIONAL LICENSES," BY AMENDING SECTIONS 17-3, 17-16, 17-17, 17-18, 17- 19, 17-20, 17-22, 17-23, 17-24, 17-25, 17-26, 17-27, 17-28, 17-30, 17-31, 17-32 AND 17-33; AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," ARTICLE X, "ALARMS," AND ARTICLE XI, "WELLFIELD PROTECTION," BY AMENDING SECTIONS 19-211 AND 19-221; AMENDING CHAPTER 29, "TELECOMMUNICATIONS," BY AMENDING SECTION 29-5; AMENDING APPENDIX C, "ZONING," ARTICLE II, "GENERALLY," AND ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTIONS 45-20 AND 45-36; 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. Vice Mayor Eissey seconded the motion. Village Attorney Len Rubin explained that this ordinance is in response to a statutory change in terminology. Thereafter, all present voted aye. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Councilman O'Meilia moved to enact Bill 1222 as Ordinance 2006-28. President Pro Tem Manuel seconded the motion, which passed unanimously. • 3 MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 BILL 1223 -PROPORTIONATE FAIR-SHARE PROGRAM -PLACED ON 1ST READING . 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 first reading and read by title alone. Vice Mayor Eissey seconded the motion. Mr. Rubin explained that changes to Chapter 163 Florida Statues allow developers to pay a share of whatever impact a development may have on roadways, even if it does not meet the current traffic concurrency standards, by paying a fair share of future improvements. Mr. Rubin advised that this code amendment will have little to no impact on the Village because Palm Beach County has exclusive jurisdiction with regard to traffic concurrency for collector and arterial roads, therefore the amendment will only apply to Village roads not covered by the county, and only when improvements are included in the five-year capital improvement plan. • Thereafter, the motion passed unanimously. BILL 1224 -SMALL-SCALE COMP PLAN AMENDMENT -PLACED ON 1ST READING Vice Mayor Eissey 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 .49 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF CAROLINDA ROAD 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 first reading and read by title alone. President Pro Tem Manuel seconded the motion, and all present voted aye. Discussion ensued on the right-of--way in front of the property, which the Village vacated and rezoned. Village Planner Jim Fleischmann advised that the small-scale amendment includes the portion of the right-of--way that fronts the North Substation property. Mr. Fleischmann noted that the parcel, as described by the Palm Beach County Property Appraiser and the survey, includes 25 feet of the old right-of--way, which is included in the .49 acres referenced in the • ordinance. Council requested that this be verified, as the drawing only shows half of the right- of-way, while the Village rezoned the entire right-of--way. Mr. Rubin and Mr. Fleischmann will check on this and revise the ordinance if necessary. 4 MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 BILL 1225 -REZONING CAROLINDA ROAD PARCEL -PLACED ON 1ST READING • Councilman Aubre mov y ed that Bill 1225 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A .49 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF CAROLINDA ROAD AND WEST OF U.S. HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE R-2 (MULTIPLE-FAMILY DWELLING) ZONING DISTRICT TO THE P (PUBLIC) ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; 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. Council directed that the ordinance be reviewed with regard to the right-of--way issue, and revised prior to second reading, if necessary. Thereafter, the motion passed unanimously. 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: • Receive M' mutes of Plannmg Commission Public Hearing held 10/3/06 Receive Minutes of Planning Commission meeting held 10/3/06 Receive Minutes of Code Enforcement Board meeting held 11/6/06 Receive Minutes of Planning Commission meeting held 11/14/06 Receive Minutes of Recreation Advisory Board meeting held 11/14/06 Receive Minutes of Audit Committee meeting held 11/20/06 Receive Minutes of Library Advisory Board meeting held 11/28/06 Receive Minutes of Code Enforcement Board meeting held 12/4/06 RESOLUTION 2006-102 ADOPTED -BUDGET AMENDMENT -CAPITAL PROJECT FUND POOL RENOVATION President Pro Tem Manuel moved that Resolution 2006-102 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 TO THE CAPITAL PROJECT FUND POOL RENOVATION ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. 5 MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 RESOLUTION 2006-103 ADOPTED -BUDGET AMENDMENT -COUNTRY CLUB . ADMINISTRATION Village Attorney Len Rubin amended the caption of the proposed resolution to include the name of the account from which funds are to be transferred. Vice Mayor Eissey moved that Resolution 2006-103 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 APPROPRIATION OF RETAINED EARNINGS TO THE COUNTRY CLUB ADMINISTRATION CAPITAL ACCOUNTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted as amended. Councilman Aubrey seconded the motion Discussion ensued on the funding source and the Country Club improvements to be funded by this budget transfer. Finance Director Samia Janjua advised that the retained earnings are from fiscal year ending 9/30/06. Discussion took place concerning $150,000 that was budgeted in fiscal year 2005-06 for the parking lot repaving and whether this is included in the retained earnings figure of $116,000. Discussion ensued regarding $150,000 to cover golf course closure costs, which was included in the golf course renovation project loan, and whether this $150,000 • was considered as a funding source rather than retained earnings or has it been incorporated into retained earnings. The Finance Director was requested to report back on these issues. Discussion took place on the fencing and hedges at Greenway Drive and Par Court. Mr. Cangianelli reported that due to deterioration, the wooden rail fence needs to be replaced, and the new fence will be aluminum to match the pool fencing. Thereafter, the motion passed unanimously. RESOLUTION 2006-104 ADOPTED - ENHANCED SECURITY MEASURES AT COUNTRY CLUB President Pro Tem Manuel moved that Resolution 2006-104 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE AND INSTALLATION OF ENHANCED VIDEO SECURITY MEASURES AT THE NORTH PALM BEACH COUNTRY CLUB FROM COMMUNICATION CONCEPTS INC. OF SUNRISE, FLORIDA IN AN AMOUNT NOT TO EXCEED $24,871; AND AUTHORIZING THE PURCHASE AND INSTALLATION OF A PEDESTRIAN BARRIER FENCE IN THE NORTHERN PARKING LOT AREA ALONG U.S. HIGHWAY ONE FROM MARTIN FENCE CO. OF LAKE PARK, FLORIDA IN AN AMOUNT NOT TO EXCEED $11,224 USING AVAILABLE FUNDS FROM THE C/C CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. 6 MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 • • • RESOLUTION 2006-105 ADOPTED - FPL EASEMENT -COUNTRY CLUB Vice Mayor Eissey moved that Resolution 2006-105 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A UTILITY EASEMENT IN FAVOR OF FLORIDA POWER AND LIGHT RELATING TO COUNTRY CLUB GOLF COURSE IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion, and all present voted aye. POOL DECKING CHANGE ORDER APPROVED President Pro Tem Manuel moved to approve a change order with Precise Paving, West Palm Beach, Florida, in the amount of $27,217.96 for supplemental pavers at the Country Club; funds to be expended from Account L8056-66210 (Country Club Administration -Construction & Major Renovation.) Vice Mayor Eissey seconded the motion, and all present voted aye. MAYOR AND COUNCIL MATTERS Vice Mayor Eissey requested that the Village's contribution to Project Graduation be expedited. Village Clerk Melissa Teal reported that the donation was mailed this week. Brief discussion was held concerning Council attendance at Palm Beach County Days and Palm Beach County's request for a donation toward this event, which will be held March 6 - 8, 2007, in Tallahassee. It was requested that councilmen who plan to attend let the Village Clerk know as soon as possible so reservations and travel arrangements can be made. VILLAGE MANAGER MATTERS Chief Knight reminded the Council of the Golf Course Grand Opening Event on 1/19/07, and asked Council to provide a list of any guests or dignitaries that they wish invited to this function. Country Club Director Mickey Neal reviewed the program for the Grand Opening. Chief Knight advised that the Recreation Director's meeting with residents regarding Lakeside Park was rained-out and rescheduled for Tuesday at 5:00 p.m. Chief Knight gave an update on the North Substation, gas tank replacement project, and the status of PBA and IAFF contracts. Mr. Cangianelli distributed a conceptual design Planning Commission Chairman Tim Hullihan was to stay with the previously approved design. 7 for the Village Hall sign that was prepared by for Council consideration. Council consensus MINUTES OF REGULAR SESSION HELD DECEMBER 14, 2006 Mayor Norris relayed a request from the Recreation Department for Council consideration of a donation to the North Palm Beach Elementary School Chorus and Hand Bell Choir. Mayor Norris noted that $500 is available in the budget for this request. Vice Mayor Eissey moved to approve a $500 donation to the North Palm Beach Elementary School Chorus and Hand Bell Choir. Councilman Aubrey seconded the motion, which passed unanimously. Presentation of the check to Ms. Rawls will be made at an upcoming meeting. Mayor Norris commended Kim Pollard, Rosemary Truesdell, Doris Bender, and Myrtle Restly for their efforts in collecting donations for the Village's adopted military unit. Mayor Norris announced that 21 boxes were mailed to the troops on December 4th. Council noted that this is an ongoing project. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:10 p.m. Melissa Teal, CMC, Village Cler 8