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02-12-2004 VC REG-MMINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 12, 2004 Present: David B. Norris, Mayor Charles R. O'Meilia, Vice Mayor Joseph A. Tringali, President Pro Tem Don Noel, Councilman Dennis D. Redmond, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk Absent: Dr. Edward M. Eissey, Councilman ROLL CALL Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present except Councilman Eissey, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation, and Vice Mayor O'Meilia led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Regular Session held 1/22/04 REPORT OF THE MAYOR Mayor Norris proclaimed the week of February 22, 2004 through February 28, 2004 to be Engineers Week in the Village of North Palm Beach. Public Services Director Kristine Frazell was present to accept the proclamation. Mayor Norris reported that a meeting between North Palm Beach and Palm Beach Gardens, with Commissioner Karen Marcus in attendance to discuss conflicts or areas of overlap in future annexation • plans. neia inursaay, renruary i~, ~uu4 Village Manager Dennis Redmond summarized the report of the meeting by stating that if North Palm Beach will give up plans to annex Pelican Car Wash, Palm Beach Gardens will give up a building on Monet Road at Prosperity Farms Road. Additionally, an additional residential/commercial development on Ellison Wilson Road will be divided between Palm Beach Gardens and the Village. It will be divided to coincide with the Village's north boundary, which is the Winn-Dixie Plaza. Further, the Village will give up all claims to Pirates Cove and Palm Beach Gardens will give up claim to Portage Landing, Lost Tree Village, and Hidden Key. With consensus of the Village Council to do so, a letter confirming this summary will be sent to Palm Beach Gardens. Mayor Norris announced that the "Drowning Coalition of Palm Beach County" has awarded a certificate to the Village of North Palm Beach showing that the Village has had no drownings in 2003 within the Village's corporate limits. On behalf of the Village Council, Mayor Norris announced that this meeting would be President Pro Tem Tringali's last meeting as a member of Council, and thanked him for his many years of service to the Village. STATEMENTS FROM THE PUBLIC Rose White, Vice President of the Womens' Golf Association, addressed the Village Council regarding the recent decision of the Country Club Advisory Board to charge a $17 greens fee per guest for their planned Guest Day on March 17t~'. Due to a misunderstanding, it had been assumed that the special event was submitted and approved at the February 2°d meeting. The WGA members request reconsideration of the Board's decision because the event is already planned and the entry fee had been set. Additionally, the WGA also requested reconsideration on the decision made for team play. The Village Council agreed to override the $17 greens fee for the planned Guest Day on March 17t'', but recommended they ask the Country Club Advisory Board for reconsideration of the decision regarding team play. The Council suggested that it would be helpful to change rules at the beginning of the year rather than during the height of the season. It was suggested that more accurate information on team play be provided, but left the decision on this matter with the Country Club Advisory Board to resolve. CONSENT AGENDA Item 7.h. was removed from the Consent Agenda and placed under 13.f. on the Regular Agenda. Thereafter, President Pro Tem Tringali moved to approve the Consent Agenda, as amended. Vice Mayor O'Meilia seconded the motion, and all present voted aye. The following items were approved: a Received for file the Minutes of the Country Club Advisory Board meeting held 1 /5/04 b. Received for file the Minutes of the Planning Commission meeting held 1/6/04 c. Received for file the Minutes of the General Employees Pension Board meeting held 1/7/04 • 2 Minutes of Regular Session Held Thursday, February 12, 2004 d. Received for file the Minutes of the Recreation Advisory Board meeting held 1/13/04 e. Received for file the Minutes of the Library Advisory Board meeting held 1/27/04 f. Received for file the recommendation of the Country Club Advisory Board (Minutes of 1/5/04) to approve budget transfer of $8,500 from Country Club Contingency to Machinery and Equipment and R&M Irrigation (approved by Council at 1/22 Regular Session) g. Received for file the recommendation of the Recreation Advisory Board (Minutes of 1/13/04) to "award the July 4, 2004 fireworks bid to Bay Fireworks of Syosset, NY" VILLAGE MANAGER' S REPORT Village Manager Dennis Redmond told the Council that the compromise between First Presbyterian Church and the Recreation Advisory Board which he reported at the last Council meeting has not come to fruition. There is not agreement at this time between the Recreation Advisory Board and the Planning Commission, because the drawings reviewed by the Planning Commission did not include changes made by the Recreation Advisory Board to the Church's original plan. The First Presbyterian Church and the Recreation Advisory Board will continue to meet in an attempt to resolve the issue. Mr. Redmond informed the Council that the Treasure Coast Regional Planning Council has received a grant from the EPA for several million dollars for 14 brown field sites in Palm Beach County. Mr. Redmond said he has discussed our site at Anchorage Park with the TCRPC, and he feels that the Village has a good chance of receiving that grant. The grant in its first phase would cover looking at the site to determine if there are any environmental problems. Phase 2 of the grant, if eligible, the funds would provide for recreation green space. By consensus, the Council agreed that the Village should move forward with the application for the grant. BILL 1126 -CODE AMENDMENT -DEFINITION OF "MOTORIZED SCOOTERS"- PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 1124 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (a), DEFII~TITIONS, OF SECTION 18-20, MOTORIZED SCOOTERS, OF ARTICLE 11 OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF AMENDING THE DEFINITION OF MOTORIZED SCOOTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF • ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 3 Minutes of Regular Session Held Thursday, February 12, 2004 • Be laced on first readin and read b title alone. Councilman Noel seconded the motion and p g Y all present voted aye. RESOLUTION 09-2004 ADOPTED -AMENDING AND RESTATING THE INTERLOCAL AGREEMENT FOR NORTHLAKE BLVD. TASK FORCE Vice Mayor O'Meilia moved that Resolution 09-2004 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 AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY ATTACHED AS EXHIBIT "A," WHICH AGREEMENT AMENDS AND RESTATES THE INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997, THAT CREATED THE NORTHLAKE BOULEVARD TASK FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION 10-2004 ADOPTED -ACCEPTING BID OF TAYCON CONSTRUCTION MANAGEMENT. INC. FOR NLBTF PHASE 1 STREETSCAPE PROJECT Vice Mayor O'Meilia moved that adopt Resolution 10-2004 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF TAYCON CONSTRUCTION MANAGEMENT, INC., IN AMOUNT OF $425,126.08 FOR IMPLEMENTATION OF THE NORTHLAKE BOULEVARD TASK FORCE PHASE I STREETSCAPE PROJECT FOR THE NORTHLAKE BOULEVARD CORRIDOR FROM MILITARY TRAIL TO U. S. HIGHWAY NO. 1; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK ON BEHALF OF THE VILLAGE AND AS AGENT FOR THE NORTHLAKE BOULEVARD TASK FORCE TO ENTER INTO AN AGREEMENT WITH TAYCON CONSTRUCTION MANAGEMENT, INC. ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION 11-2004 ADOPTED - ESTABLISHING FEES FOR INTERIM ENGINEERING SERVICES Vice Mayor O'Meilia moved that Resolution 11-2004 entitled: A.RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, ESTABLISHING A FEE RATE SCHEDULE FOR ENGINEERING SERVICES RENDERED BY SFRN, INC. TO THE VILLAGE AS INTERIM VILLAGE 4 Minutes of Regular Session Held Thursday, February 12, 2004 • ENGINEER, WHICH RATE SCHEDULE IS ATTACHED AS EXHIBIT "A", AND MADE PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion. During discussion, Keith Jackson of SFRN, Inc. agreed to eliminate the 15% administrative fee for sub-consultants' invoices processed through SFRN. Thereafter, the motion passed 4-0. RESOLUTION 12-2004 ADOPTED -RANGER CONSTRUCTION MITIGATION President Pro Tem Tringali moved that Resolution 12-2004 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH RANGER CONSTRUCTION INDUSTRIES, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES MITIGATION TO THE VILLAGE IN THE FORM OF COMPENSATION FOR THE VILLAGE ALLOWING A SIGNAL MAST ARM THAT ENCROACHES ON VILLAGE PROPERTY TO REMAIN; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION 13-2004 ADOPTED -AGREEMENT WITH GRAD & COMPANY FOR INTERNAL AUDITING Vice Mayor O'Meilia moved that Resolution 13-2004 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH GRAD & COMPANY, P.A., CERTIFIED PUBLIC ACCOUNTANTS, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF THE VILLAGE SECURING INTERNAL AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion. During discussion, Mr. Tony Grau recommended that items 2a, 2c which were deleted at the last Council meeting, be put back into the auditing procedure. Mr. Grau stated that the fee would remain the same. Thereafter, the motion passed 3-l, with Vice Mayor O'Meilia, President Pro Tem Tringali and • Mayor Norris voting aye, and Councilman Noel voting nay. 5 Minutes of Regular Session Held Thursday, February 12, 2004 • RESOLUTION 14-2004 ADOPTED - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FINANCIAL ASSISTANCE FOR PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT Vice Mayor O'Meilia moved that Resolution 14-2004 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 INTERLOCAL FUNDING AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FINANCIAL ASSISTANCE FROM THE COUNTY TO THE VILLAGE FOR THE CONCEPTUAL PLANNING, DESIGN, CONSTRUCTION OF ROADWAY IMPROVEMENTS AND INSTALLATION OF LANDSCAPING FOR BEAUTIFICATION OF PROSPERITY FARMS ROAD BETWEEN NORTHLAKE BOULEVARD AND BURNS ROADS WITHIN THE VILLAGE; REPEALING RESOLUTION 74-2000; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:35 p.m. ~~~~. thleen F. Kelly, CMC, Village rk • 6