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10-25-2007 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 25, 2007 Present: Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Darryl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey 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 Mayor Eissey gave the invocation and Councilman Aubrey led the public in the Pledge of Allegiance to the Flag. • APPROVAL OF MINUTES The minutes ofthe Regulaz Session held 10/11/07 were approved as written. FIRST READING OF ORDINANCE 2007-16 -CODE AMENDMENT FOR SIMILAR USES Vice Mayor Manuel moved that Ordinance 2007-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GENERALLY," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO CREATE A NEW SECTION 45-16.1 AND ESTABLISH A PROCEDURE FOR THE APPROVAL OF SIMILAR USES THROUGH THE ISSUANCE OF A SPECIAL PERMIT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. President Pro Tem Norris seconded the motion. Village Manager Jimmy Knight reported that the Planning Commission recommended that similaz uses be approved, with additional language to add a "special use permit" as part of the conditional uses. Mr. Knight noted that the Village Council would have fmal approval of all special use permits. Mayor Eissey opened the public hearing. There were no comments from the public. Mayor Eissey • closed the public heazing. During discussion, it was requested that Council be provided with a list of the permitted uses in each caning district, prior to second reading of the ordinance. Thereafter, the motion passed unanimously. Minutes of Village Council Regular Session held October 25, 2007 Page 2 of 3 FIRST READING OF ORDINANCE 2007-17 -CODE AMENDMENT FOR POLICE AND FIRE • PENSION FUND Vice Mayor Manuel moved that Ordinance 2007-17 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMRVISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-166 TO AUTHORIZE FOREIGN INVESTMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Aubrey seconded the motion, which passed unanimously. CONSENT AGENDA Vice Mayor Manuel moved to approve the consent agenda. President Pro Tem Norris seconded the motion, which passed unanimously. The following item was approved: Receive Minutes of Recreation Advisory Board meeting held 10/9/07 RESOLUTION 2007-96 ADOPTED -COUNTRY CLUB BUDGET AMENDMENT Vice Mayor Manuel moved that Resolution 2007-96 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 2006-2007 COUNTRY CLUB BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pm Tem Norris seconded the motion. Brief discussion ensued on the imposition of an administrative service fee, with regard to its inclusion in the 2006-2007 Country Club budget. Mr. Knight noted that this was not assessed for the 2006- 2007 fiscal yeaz, since the Country Club budget ended with a deficit; however, it is included in the 2007-2008 Country Club budget. Thereafter, the motion to adopt Resolution 2007-96 passed „nanimnusly. RESOLUTION 2007-97 ADOPTED -COUNTRY CLUB BUDGET AMENDMENT FOR GOLF COURSE MAINTENANCE Vice Mayor Manuel moved that Resolution 2007-97 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 2007-2008 BUDGET FOR THE PURPOSE OF TRANSFERRING $1,440,384 FROM VARIOUS GOLF COURSE MAINTENANCE ACCOUNTS, WITH $1,161,638 BEING • TRANSFERRED TO THE GOLF COURSE CONTRACTUAL SERVICES ACCOUNT AND $278,746 BEING TRANSFERRED TO THE COUNCIL CONTINGENCY ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion Minutes of Village Council Regular Session held October 25, 2007 Page 3 of 3 Discussion took place concerning moving funds from accounts for holiday gifts, books, publications • and subscriptions, conferences and seminars, and construction and major renovation to Council contingency. Thereafter, the motion to adopt Resolution 2007-97 passed unanimously. RESOLUTION 2007-98 ADOPTED -AGREEMENT FOR COUNTRY CLUB AIR CONDITIONING Vice Mayor Manuel moved that Resolution 2007-98 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO JOHN C. CASSIDY AIR CONDITIONING, INC. FOR THE REPLACEMENT OF ONE FRESH AIR MAKE-UP AIR HANDLER AND THE INSULATION OF CHILLED WATER PIPES AT THE NORTH PALM BEACH COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Discussion ensued on the cost of a new air conditioning system, the efficiency of the new air handler, and whether replacement of the air handler will help conditions in the golf pro shop. Thereafter, the motion to adopt Resolution 2007-98 passed with all present voting aye. VILLAGE CLERK PERFORMANCE PAY Mayor Eissey passed the gavel to Vice Mayor Manuel and suggested that the Village Clerk be granted a 4.28% performance pay increase for fiscal year 2007-2008, based on the average of the evaluation scores. • It was noted that there was a calculation error and the correct average score was 4.5%, upon which Mayor Eissey moved to grant a 4.5% performance pay increase. President Pro Tem Norris seconded the motion, and all present voted aye. Vice Mayor Manuel returned the gavel to Mayor Eissey. COUNCIL MATTERS Councilman Aubrey advised that he attended the Institute for Elected Municipal Officials and recommended it as an excellent program for newer wuncilmen. VILLAGE MANAGER MATTERS Mr. Knight reported that on 10/16/07 the Village received a notice from Tordale Contracting, LLC terminating the contrail for renovations to the Osborne Park recreation building. Mr. Knight noted that Tordale failed to famish the required performance bond, and advised that the Village will re-bid this project. Mr. Knight discussed the impact to the Village ofthe proposed $50,000 homestead exemption, which would result in a decrease of $673,745 in ad valorem revenue. Mr. Knight noted that accounting for that loss and maintaining the current funding level would necessitate a millage rate of 6.87% or a 12.7% increase, which would require a referendum. Mr. Knight noted the Village received a Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report for fiscal year ending September 30, 2006. Mr. Knight recognized Finance Director Sarnia Janjua and the Finance Department for this accomplishment. • ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:09 p.m. ~~~e,0~~ .rte ~~~~ Melissa Teal, CMC, Village Clerk