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08-26-2010 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 26, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel 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 Councilman Gebbia gave the invocation and Mayor Manuel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes of the Regular Session held August 12, 2010 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2010-12 -GENERAL FUND BUDGET AMENDMENT -LOAN PAYOFF A motion was made by Councilman Gebbia and seconded by Vice Mayor Aubrey to adopt and enact on second reading Ordinance 2010-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2009-2010 TO APPROPRIATE $1,568,000 TO SATISFY AN OUTSTANDING LOAN OBLIGATION RELATING TO THE CONSTRUCTION OF PUBLIC IMPROVEMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight noted that passage of this ordinance would allow the Village to satisfy the last loan remaining in the General Fund, thereby. achieving debt-free status and reducing the annual budget for the upcoming year, resulting in savings to the taxpayers. Mayor Manuel opened the public hearing. There were no comments from the public. Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2010-11 on second reading passed unanimously. • CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. Councilman Gebbia seconded the motion, which passed unanimously. The consent agenda included the following item: Receive for file Minutes of Recreation Advisory Board meeting held 8/10/2010 Minutes of Village Council Regular Session held August 26, 2010 Page 2 of 3 RESOLUTION 2010-47 ADOPTED -GENERAL FUND BUDGET AMENDMENT FOR • PUBLIC SAFETY UPS BATTERY PURCHASE A motion was made by President Pro Tem Norns and seconded by Councilman Hernacki to adopt Resolution 2010-47 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE SOLE SOURCE PURCHASE OF A REPLACEMENT BATTERY FOR THE PUBLIC SAFETY UPS SYSTEM FROM EATON CORPORATION AND AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2009-2010 TO TRANSFER $10,829.00 FROM THE GENERAL SERVICES PUBLIC SAFETY MACHINERY AND EQUIPMENT CAPITAL ACCOUNT TO THE GENERAL SERVICES PUBLIC SAFETY MACHINERY AND EQUIPMENT SUPPLIES OPERATING ACCOUNT; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight explained that the Public Safety UPS system provides power in the interval between a power failure and start-up of the emergency generator. Mr. Knight stated the maintenance contract for the UPS system provides for inspection of the batteries, which have a shelf life of three to five years. Thereafter, the motion to adopt Resolution 2010-47 passed unanimously. PARTIAL RELEASE OF CODE ENFORCEMENT LIEN A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to approve execution of a Partial Release of Lien to release property located within the City of Palm Beach Gardens from the lien imposed by the Code Enforcement Board for violations formerly existing at 1029 Country Club Drive. Village Attorney Len Rubin related that the lien resulted from an order of the Code Enforcement Board fording violations of the Village Code of Ordinances pertaining to accessory structures and property maintenance. Mr. Rubin reported that the property owners have now brought the property into compliance and have requested a partial release of lien for property they own in Palm Beach Gardens due to a pending sale of that property. Mr. Rubin opined that releasing the property in Palm Beach Gardens does not impair the existing lien because the property owners also own two other properties in the Village. Discussion ensued regarding setting a precedent. Mr. Rubin advised Council that any such issues should be considered on a case-by-case basis. Thereafter, the motion passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS . Mayor Manuel noted the success of the Anchorage Aweigh Fishing Tournament held August 14, 2010. Councilman Hernacki requested Council discuss standards for vacant lots at an upcoming Workshop Session. Mr. Knight reported that a draft vacant lot ordinance would be reviewed by the Planning Commission at its next meeting. The draft ordinance, along with the Planning Commission's recommendation will be forwarded to Council for consideration. Minutes of Village Council Regular Session held August 26, 2010 Page 3 of 3 MAYOR AND COUNCIL MATTERS/REPORTS continued . Mayor Manuel announced the Village is sponsoring an Election Forum from 6:30 p.m - 8:30 p.m on Monday, October 11, 2010 at the North Palm Beach Community Center. The proposed Constitutional Amendments and Palm Beach County Charter Amendment will be discussed, and candidates have been invited to attend. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight reported that staff and IT are working to implement an "Are You Okay" program for our elderly residents, which will include automated, daily telephone calls. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:00 p.m. Melissa Teal, CMC, Village Clerk