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03-24-2005 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 24, 2005 Present: Dr. Edward M. Eissey, Mayor Robert F. Rennebaum, President Pro Tem Charles R. O'Meilia, Councilman Donald G. Noel, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, Vice Mayor ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman O'Meilia gave the invocation, and President Pro Tem Rennebaum led the public in the Pledge of Aiiegiance to the -Flag. - APPROVAL OF MINUTES The Minutes of the Regular Session held 3/10/05 were approved. ORDINANCE OS-2005 ENACTED -BUDGET AMENDMENT -EMS GRANT Councilman O'Meilia moved that Bill 1166 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2004-2005 TO APPROPRIATE FUNDS IN THE AMOUNT OF $29,780.00 TO PURCHASE CERTAIN EQUIPMENT FOR EMERGENCY MEDICAL SERVICES, FUNDED BY THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT PROGRAM be placed on second reading and read by title alone. Councilman Noel seconded the motion, and all present voted aye. , President Pro Tem Rennebaum moved to enact Bill 1166 as Ordinance OS-2005. Councilman Noel seconded the motion, which passed unanimously. • MINUTES OF REGULAR SESSION HELD MARCH 24, 2005 BILL 1167 -BUDGET AMENDMENT -PROSPERITY FARMS ROAD PROJECT - • PLACED ON FIRST READING Councilman Noel moved that Bi111167 entitled AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2004-2005 TO APPROPRIATE FUNDS IN THE AMOUNT OF $130,000.00 FOR DESIGN, PERMITTING, CONSTRUCTION AND MONITORING OF PROSPERITY FARMS ROAD be placed on first reading and read by title alone. President Pro Tem Rennebaum seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey in favor, and Councilman O'Meilia opposed Discussion was held concerning the Financial Assistance Agreement with Palm Beach County and the commitment of Commissioner Marcus to provide additional funding in the amount of $130,000. Discussion took place concerning whether items such as construction monitoring, record drawings, and material testing are reimbursable under the contract. Village Attorney George Baldwin opined that the intent of the agreement is that the County would not pay for the use of Village star but that the contract does not bar the use of third parties to perform these services. Mr. Baldwin opined that it would be appropriate to have the budget in place as a prerequisite to Council consideration to authorize its expenditure. The Council directed the Village Manager to confirm agreement by the County attorney on the __ issues raised with regard. to page 4, Section 4, Reimbursement. by the. County, of the- Financial Assistance Agreement, prior to second reading of Bill 1167, and to provide the Council with an Amendment to the Agreement as soon as one comes forward from the County. RESOLUTION - PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT BID AWARD TABLED Councilman Noel moved to take from the table a proposed resolution awarding a bid for construction of roadway improvements for the Prosperity Farms Road Beautification Project. Councilman O'Meilia seconded the motion, which passed unanimously. Councilman Noel moved to table this item to the next meeting. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 28-2005 ADOPTED -UNDERGROUND UTILITY LINES Councilman Noel moved to adopt Resolution 28-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT MUNICIPALITIES IN THEIR QUEST TO PLACE OVERHEAD UTILITY LINES UNDERGROUND • Councilman O'Meilia seconded the motion. Councilman Noel moved to amend his motio b ~ Y deleting the reference to Senator Ron Klein in Section 1 of the resolution, and increasing the 2 MINUTES OF REGULAR SESSION HELD MARCH 24, 2005 distribution list to include the local and state League of Cities. President Pro Tem Rennebaum • seconded the motion to amend, which was approved by consensus. Thereafter, the original motion, as amended, passed unanimously. RESOLUTION 29-2005 ADOPTED -FOURTH OF JULY FIREWORKS BID AWARD AND SALES AGREEMENT Councilman O'Meilia moved to adopt Resolution 29-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PYRO ENGINEERING, INC., D/B/A PYRO ARTS BY BAY FIREWORKS, HUNTINGTON STATION, NEW YORK, IN THE AMOUNT OF $20,000 FOR FOURTH OF JULY FIREWORKS DISPLAY AND AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A FIREWORKS SALES AGREEMENT WITH PYRO ENGINEERING, INC., D/B/A PYROARTS BY BAY FIREWORKS ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING A FIREWORKS DISPLAY FOR THE VILLAGE'S JULY 4 CELEBRATION IN THE AMOUNT OF $20,000; FUNDS TO BE EXPENDED FROM A8229-34932 (PUBLIC EVENTS); AND, PROVIDING FOR AN EFFECTIVE DATE Councilman Noel seconded the motion. During discussion, a typographical error in Section 3 of the Agreement was noted for correction. Thereafter, the motion passed unanimously. COMPREHENSIVE ANNUAL FINANCIAL REPORT ACCEPTED E.C. Blackburn, C.P.A., of Cherry, Bekaert & Holland LLP, reviewed the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2004. Councilman Noel moved to accept the Comprehensive Financial Report for the fiscal year ending September 30, 2004, as prepared by Cherry, Bekaert & Holland. President Pro Tem Rennebaum seconded the motion and all present voted aye. The Village Manager was directed to arrange for a presentation by Cherry, Bekaert & Holland at an upcoming meeting of the Country Club Advisory Board. MAYOR AND COUNCIL MATTERS/REPORTS Discussion took place concerning allowing residents to pay a path cost for the use of personal golf carts at the golf course. This item was forwarded to the Country Club Advisory Board for review. In order for the Council to give direction to staff concerning the upcoming budget, it was requested that a budget workshop be held soon. VILLAGE MANAGER MATTERS/REPORTS Discussion was held concerning the proposed schedule for review and discussion of the budget. Mr. Bates advised that the proposed budget should be delivered to the Council around the first weekend in July, with budget workshops to be held during the next two weeks. Mr. Bates asked the Council to consider suspending its second Regular Session in July to allow scheduling of • vacations by the administration and staff. Further discussion of this issue will be held during the Council's upcoming budget workshop meeting this month 3 MINUTES OF REGULAR SESSION HELD MARCH 24, 2005 Country Club Administrator Marcy Verrastro introduced the new Tennis Director, • Adam Shepherd. Discussion was held concerning concluding the services of the outgoing Tennis Director, effective upon payment of the compensation agreed upon in the Cancellation of Agreement. Councilman Noel moved to buy out the remainder of Mr. Agnolin's contract. President Pro Tem Rennebaum seconded the motion, and all present voted aye. Mr. Bates introduced Kathleen Barry and Jim Davis of EMI, and Chris Gehring of the Gehring Group. Mr. Bates discussed renewal of the Village's health plan, which expires June 30, 2005. Mr. Gehring reviewed his proposal. Discussion took place regarding replacement of the tiki but at the Country Club pool, with three or four smaller tiki huts. Discussion ensued concerning the purchasing rules and regulations. Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey favored obtaining quotes, while Councilman O'Meilia favored going out to bid. The Council asked that this issue be reviewed by the Country Club Advisory Board. Mr. Bates discussed the proposal of Nicklaus Design and advised that representatives from the firm will be present at the April meeting. Mr. Bates discussed a request by the Waterways Board to tour the Village waterways by boat. Consensus of the Council was for the Board to do this independently on their individual boats. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Minutes of Country Club Advisory Board meeting held 2/14/05 Minutes of General Employees Pension Board meeting held 2/14/05 Minutes of Special Country Club Advisory Board meeting held 3/7/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:56 p.m. ~~ Melissa Teal, CMC ~ Village Clerk • 4