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06-14-2007 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 14, 2007 Present: Dr. Edwazd M. Eissey, Mayor William Manuel, Vice Mayor Darryl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, President Pm Tem ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present, except President Pro Tem Norris, who was out oftown. All members ofstaffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Manuel gave the invocation and Mayor Eissey led the public in the Pledge ofAllegiance • to the Flag. APPROVAL OF MINUTES The minutes of the Regulaz Session held 5/24/07 were approved as written. BILL 1235 -POLICE AND FIRE PENSION PLAN AMENDMENT -PLACED ON FIRST READING Vice Mayor Manuel moved that Bill 1235 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," SECTION 2-159, "DEFINITIONS," AND SECTION 2-160, "MEMBERSHIP," TO REVISE THE DEFINITION OF NORMAL RETIREMENT AGE AND PROVIDE FOR IMMEDIATE MEMBERSHIP IN THE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Hernacki seconded the motion. Discussion ensued on the fiscal impact. Village Attorney Len Rubin reported that counsel for the • Police and Fire Pension Board has advised that the Village will not have to contribute additional funds to the plan because the changes are provided for with funds received from the State. Mr. Rubin will contact Ms. Jensen to request that someone be present for second reading of the ordinance on 6/28/07 to explain the actuarial statement and the basis of assumptions such as the projected rate of return on investments. Minutes of Village Council Regular Session held June 14, 2007 Page 2 of 4 CONSENT AGENDA • Vice Mayor Manuel moved to approve the consent agenda. Councilman Aubrey seconded the motion, which passed unanimously. The following items were approved: Receive Minutes ofPlanning Commission meeting held 5/1/07 Receive Minutes ofAudit Committee meeting held 5/7/07 Receive Minutes of Country Club Advisory Board meeting held 5/14/07 Receive Minutes of Audit Committee meeting held 5/17/07 Receive Minutes of Audit Committee meeting held 5/21/07 Receive Minutes of Waterways Board meeting held 5/22/07 Receive Minutes of Code Enforcement Board meeting held 6/4/07 RESOLUTION 2007-64 ADOPTED - OPPOSING DESIGNATION OF VILLAGE WATERWAYS AS NON-PREFERRED IN MANATEE PROTECTION PLAN Vice Mayor Manuel moved that Resolution 2007-64 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, OPPOSING THE DESIGNATION OF VILLAGE WATERWAYS AS CONDITIONAL OR NON-PREFERRED AS SET FORTH IN THE PROPOSED MANATEE PROTECTION PLAN; AND PROVIDING FOR AN EFFECTIVE DATE . be adopted. Councilman Aubrey seconded the motion. Waterways Boazd member Chazles Isiminger addressed the Council and provided copies of maps depicting the vazious categories designated in the Boat Facility Siting component of the plan. Mr. Isiminger advised that the Waterways Boazd objected to the designation of Village waterways as "non-preferred" in the Florida Fish and Wildlife Conservation Commission's proposed Manatee Protection Plan, however they aze not concerned with the designation of azeas as "conditional." Mr. Isiminger explained that "conditional" designation allows construction of six boat slips per 100 feet of shoreline, while "non-preferred" allows only one boat slip per 100 feet ofshoreline. Vice Mayor Manuel moved to amend the motion to delete references to "conditional" in the resolution, as well as the phrase "and the proposed revisions to such designations." Councilman Hernacki seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed unanimously. RESOLUTION 2007-65 ADOPTED - ROBALO COURT DRAINAGE PROJECT CONTRACT Vice Mayor Manuel moved that Resolution 2007-65 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS • CONSTRUCTION CORPORATION TO PROCEED WITH THE REPAIRS OF THE ROBALO COURT DRAINAGE PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Minutes of Village Council Regular Session held June 14, 2007 Page 3 of 4 Councilman Hemacki distributed a proposed statement of work to be performed by the contractor, and requested that it be added to the contract as Exhibit "C." . Discussion ensued on the proposed Exhibit "C." Village Attorney Len Rubin noted that in the past, the contractor's proposal has been used as the scope of work. Discussion took place on including a statement of work with all future contracts. Exhibit "C" was withdrawn at this time. Thereafter, the motion passed unanimously. RESOLUTION 2007-66 ADOPTED -EMS GRANTS FUND PURCHASE Vice Mayor Manuel moved that Resolution 2007-66 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF ONE AUTO PULSE RESUSCITATION SYSTEM, TWO POWERED AMBULANCE COTS AND ONE FIRE RESCUE CART BY THE PUBLIC SAFETY FIRE DEPARTMENT AT A NET COST OF $46,215.00 UTILIZING COUNTY EMS GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion, and all present voted aye. RESOLUTION 2007-67 ADOPTED -BUDGET AMENDMENT Vice Mayor Manuel moved that Resolution 2007-67 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 $113,586.00 FROM THE UNAPPROPRIATED, UNDESIGNATED FUND BALANCE TO THE INDIVIDUAL DEPARTMENT PENSION ACCOUNTS TO CORRECT AN UNDER FUNDING OF THE GENERAL EMPLOYEES PENSION PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion, and all present voted aye. COUNCIL MATTERS Discussion took place on supporting the referendum for the Palm Beach County Home Rule Charter Amendment, and whether to contribute funds to the Let Us Vote Political Committee. It was noted that the County Commission will discuss the proposed Dual Referendum County Charter Amendment at its meeting on 6/19/07. Council consensus was to support the dual vote referendum. A resolution will be prepazed for the next Regular Session, at which time the Council will discuss a monetary contribution. Discussion was held regarding work vehicles parked overnight in R-1 residential zoning district. This issue will be placed on an upcoming Workshop agenda for further consideration. VILLAGE MANAGER MATTERS Mr. Knight presented the Executive Summary and Review on the golf course renovation project. . Discussion ensued on additions, deletions, and alterations to features specified in the original design, and changes orders resulting in expenditures that were not processed according to the Village's purchasing policies. Councilman Aubrey noted that the purpose of the report was to determine what was done correctly and incorrectly and to learn from the experience, so as not to repeat it. Mayor Eissey asked for consensus to accept the report, and stated that Council will be diligent and certain Minutes of Village Council Regular Session held June 14, 2007 Page 4 of 4 that this type of mismanagement does not occur again. Vice Mayor Manuel voted nay and expressed his concern that acceptance of the report would give the appearance that he condoned improper • activities. For the record, Mayor Eissey expressed that Council is recognizing and accepting what is contained in the report. The Council made it clear that acceptance of the report does not indicate approval of improper procedures and the Council does not condone any violation of Village policies. Mr. Knight requested Council approval to reduce summer golf rates to $45.00 total for greens fees and cart fee, seven days a week, for play before 1:30 p.m., and a rate of $29.00 after 1:30 p.m. By consensus, Council approved the rates as proposed. Mr. Knight discussed the planned rerouting of certain golf holes in order to expedite play. The Council agreed by consensus. Mr. Knight reported on fireworks and other activities at the Country Club planned for the July Fourth holiday. Mr. Knight advised that a contract and budget amendment for emergency repairs to the seawall at Anchorage Pazk will be placed on the next Regular Session agenda for Council consideration. Community Development Dvector Charles Cangianelli gave an overview of the emergency seawall repairs needed due to Tropical Storm Barry. Mr. Knight briefly reviewed the potential impact of current property tax reform proposals on the budget. Mr. Knight reported that Ken Small from the Florida League of Cities will discuss alternate • revenue sources with staffon June 21, 2007. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:20 p.m. Melissa Teal, CMC, Village Clerk •