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03-27-2008 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 27, 2008 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 staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Norris gave the invocation and Councilman Hernacki led the public in the Pledge of Allegiance to the Flag. • AWARDS AND RECOGNITION Public Safety Director Steve Canfield introduced the Public Safety Department 2007 Employees of the Year, Lieutenant Julie Adams of the Fire Rescue Division, and Detective Stephanie Joyce of the Law Enforcement Division. Mayor Eissey presented plaques to Lt. Adams and Detective Joyce, in recognition of their outstanding service. Mayor Eissey proclaimed March 27, 2008 as Leticia "Tish" Cardinafi Day in the Village. RESOLUTION 2008-20 ADOPTED -ACCEPTING RESULTS OF GENERAL ELECTION Vice Mayor Manuel moved that Resolution 2008-20 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 11, 2008 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion, which passed unanimously. ADMINISTRATION OF COUNCILMAN OATHS Village Clerk Melissa Teal administered the oath of office to re-elected councilmen Darryl Aubrey, . Edward Eissey, and William Manuel. Said Oaths are attached to the official Minutes. Minutes of Village Council Regular Session held March 27, 2008 Page 2 of 5 COUNCIL REORGANIZATION Edwazd Eissey nominated William Manuel for Mayor. With no other nominations for Mayor, • William Manuel was declared Mayor. William Manuel nominated David Norris for Vice Mayor. With no other nominations for Vice Mayor, David Norris was declared Vice Mayor. David Norris nominated Darryl Aubrey for President Pro Tem. With no other nominations for President Pro Tem, Darryl Aubrey was declared President Pro Tem. Thereafter, the names of William Manuel, David Norris, and Darryl Aubrey were entered into Resolution 2008-21. RESOLUTION 2008-21 ADOPTED -COUNCIL OFFICERS Mayor Manuel moved that Resolution 2008-21 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion, which passed unanimously. ADMINISTRATION OF OATHS TO COUNCIL OFFICERS Village Clerk Melissa Teal administered the Oath of Office to Mayor Manuel, Vice Mayor • Norris, and President Pro Tem Aubrey. Said Oaths are attached to the official Minutes. APPROVAL OF MINUTES The minutes of the Regular Session held 2128108 were approved as written. FIRST READING OF ORDINANCE 2008-07 -CODE AMENDMENT -PUBLIC SITES AND OPEN SPACES Vice Mayor Norris moved that Ordinance 2008-07 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DESIGN STANDARDS," OF APPENDIX B, "SUBDIVISIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 36-23, "PUBLIC SITES AND OPEN SPACES," TO ALLOW MONETARY CONTRIBUTIONS IN LIEU OF LAND DEDICATION TO BE UTILIZED FOR THE CONSTRUCTION OR EXPANSION OF ANY PUBLIC FACILITY DESIGNED TD MITIGATE THE IMPACTS OF THE SUBDIVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Eissey seconded the motion. Discussion was held concerning going forward with an impact Fee study in the future. . Mr. Knight advised that the Village may not reassess any properties that have already been through the platting process, and because the Village is considered abuilt-out oomrnunity, it is not feasible to implement an impact fee schedule. Thereafter, the motion to adopt Ordutance 2008-07 on first reading passed unanimously. Minutes of Village Council Regular Session held March 27, 200$ Page 3 of 5 CONSENT AGENDA Cvuncilrnan Eissey moved to approve the consent agenda. Vice Mayor Norris seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Waterways Board meeting held 1/22/08 Receive Minutes of Golf Advisory Board meeting held 2/25/08 Receive Minutes of Library Advisory Board meeting held 2/26/D8 Receive Minutes of Audit Committee meeting held 2/28108 Receive Minutes of Code Enforcement Board meeting held 313108 Receive Minutes of Planning Commission meeting held 314/D8 Receive Minutes of Recreation Advisory Board meeting held 3111/08 RESOLUTION 2008-22 ADOPTED -MEDICAL INSURANCE "OPT-OUT" POLICY President Pro Tem Aubrey moved that Resolution 2008-22 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A GROUP MEDICAL INSURANCE "OPT OUT" POLICY TO BE INCORPORATED INTO THE VILLAGE'S ADMINISTRATIVE POLICES AND PROCEDURES MANUAL; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Discussion ensued on verification of insurance more often than once a year. Human Resources Director Mary Kay McGann advised that because employees could still be missed if verification was done quarterly, it would require verification on a monthly basis in order to ensure that no one was missed. Mrs. McGann opined that monthly verification would be burdensome to staff. Thereafter, Resolution 2008-22 passed unanimously. RESOLUTION 2008-23 ADOPTED -COMPREHENSIVE ANNUAL FINANCIAL REPORT Councilman Eissey moved that Resolution 2008-23 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR AND AUTHORIZING THE FILING OF THE REPORT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Ed Holt of Nowlen, Holt & Miner reviewed the Comprehensive Annual Financial Report (CAFR) for fiscal year ended 9/30107. On behalf of the Audit Committee, Richard Podell, Vice Chairman, offered comments on the auditing process. It was requested that the CAFR be provided to Council earlier in the future, in order to allow more time for Council review. Mr. Holt offered to return, should Council have further questions. Thereafter, the motion to adopt Resolution 2008-23 passed unanimously. Minutes of Village Council Regular Session held March 27, 200$ Page 4 of 5 RESOLUTION 2008-24 ADOPTED -LAND AND WATER CONSERVATION FUND PROGRAM GRANT Councilman Eissey moved that Resolution 2008-24 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF $200,000 IN MATCHING GRANT FUNDS FOR RECREATIONAL IMPROVEMENTS AT ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; APPROVING A BUDGET AMENDMENT TO APPROPRIATE MATCHING FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Mr. Knight reported that the Village currently has a balance of $8,179,659 in undesignated unreserved funds. Mr. Knight noted that Council has appropriated $450,000 to date, with an additional $200,000 requested as matching funds for the Land and Water Conservation Fund Program grant, which leaves a balance of $7,529,659 in the undesignated unreserved fund. Mr. Knight informed the Council that bid documents are being prepared by TBE Group, selection of the contractor by Council is projected for late September, and permitting is underway. Mr. Knight and Parks and Recreation Director Mark Hodgkins specified items included in Phase 1 of the project, including the multi-purpose field, dog park, volleyball area, playground, tat lot, wallcways, etc. Discussion ensued on increasing the size ofthe dog park. Mr. Knight advised that there is ample room to increase the size at the time of construction, simply by extending the fencing. Thereafter, the motion to adopt Resolution 2008-24 passed unanimously. COUNCIL MATTERS Councilman Hernacki complimented the Public Works Department and Public Safety Traffic Enforcement Division for an outstanding job directing trafFic and assisting Seacoast Utilities during the recent water main break at the intersection of Prosperity Farms Road and Lighthouse Drive. VILLAGE MANAGER MATTERS Mr. Knight reported a request from the American Cancer Society to place purple ribbons on the Village slip's wheel monuments during the month of April to publicize the upcoming Relay for Life event. By consensus, the Village Council approved this request. Mr. Knight noted issuance of an Invitation to Bid for repairs to Lighthouse and Monet bridges. Mr. Knight gave a brief update on the canal dredging project and advised that the Village was notified that its in-kind mitigation project -designating no motoring zones in Lake Worth -- has been accepted, which will allow the dredging project to proceed. Mr. Knight noted that funds are already set aside for this project, and East Bay Group has the necessary documentation. Mr. Knight reported pending issuance of Request for Qualifications for Professional Engineering Services for the Village Engineer contract, which expires in May. Minutes of Village Council Regular Session held March 27, 2008 Page 5 of 5 Mr. Knight advised receipt of plans for additional landscaping on Prosperity Farms Road. With regard to monies received from the developer of the Platinum project, Mr. Knight reported that a voluntary donation of $26,667 (one-third payment) has been received. Mr. Kni ht no th Vill g ted a age has received rts second variance from the water shortage regulations, and the reclaimed water project should be completed in the next two weeks. Mr. Knight reported reimbursement received from the State of Florida in the amount of $180,000 for FRDAP Pool Grant, as well as $50,000 from Palm Beach County, with an additional $20,000 reimbursement due. Mr. Knight noted that the reimbursement funds will be deposited in the undesignated unreserved account, and requested that Council consider earmarking the funds for improvements at the Community Center, to include a new roof and new hurricane impact windows, as well as repainting of the building. Mr. Knight acknowledged that if Council approves this request it will necessitate a budget amendment to appropriate the funds. By consensus, Council agreed to allocate the funds for needed improvements to the Community Center. Mr. Knight distributed copies of the new version of the Village Newsletter, which is being printed in color with a pullout calendar, at a cost savings of $2,000 per month, by using Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) far printing services. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:52 p.m. ` ~- Melissa Teal, CMC, Vil age Clerk • ~ OATH OF OFFICE State of Florida ) County of Palm Beach } ss. Village of North Palm Beach } I, Darryl Aubrey, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilman on which I am now about to enter, so help me God. Sworn to and subscribed before me this 27th day of March, 200$, by Darryl Aubrey, who is personally known to me. ~ri F4 ~GLh7i!/1 .•; .. MY COMMISSION ~ Dfl 437560 ~'' ~ '~' EXPfRfS: July 13, 2009 ~~~`~` '~"°"°~~ Notary Public • ~ OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, William Manuel, da solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilman on which I am now about to enter, so help me God. l/~~~ ~.~ Sworn to and subscribed before me this 27th day of March, 2008, by William Manuel, who is personally known to me. ~.a~~4 ~ ~ r~ ~1 ' . MY ~MRJSSA ~ ~~ 43756p ~~ ~ ~ / ~, ,,, ~',,' ExPIRES: July f3, 2009 ~~'~~ n~,~m,y~ Notary Public • • OATH OF OFFICE State of Florida ) County of Palm Beach ) Village of Narth Palm Beach ) ss. I, Edward Eissey, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, am now about to enter, so help me God. and that I will well and faithfully perform the duties of Councilman on which I r Sworn to and subscribed before me this 27th day of March, 2008, by Edward Eissey, who is personally known to me. ~~ '_ ~~~e:: MELJ35A A. TEAI. +. e: ~VIY CO~uIN(f$SION ~! as 437560 ~~~~P EXP~RES~.~ J,ui~~ un~ e,s i~~~% ~~~~~~ ~~ `~ Notary Public • • • OATH OF OFFICE State of Florida ) County of Palm Beach } Village of North Palm Beach } ss. I, William Manuel, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein, so help me God. /~ ~~- Subscribed and sworn to before me this 27th day of March, 2008. EGG' C~:~~~ =1s M~vssaa.~ Notary ~; ,- PAY COMMISSION # QD 4375SD ~s., EXPIRES: 3aly f3, 2009 ~'~''•~~ yo,bee7tauyo~yPUC~cilndmwrfle~e ~Rf~~ • ~~ ~_.~ OATH OF OFFICE State of Florida ) County of Palm Beach ) Village of North Palm Beach ) ss. I, David Norris, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein, so help me God. Subscribed and sworn to before me this 27th day of March, 200$. ~~~' ;. y: ,- N,Y CQMMESSION # DD 437560 NOtary EXPIRES: July 13,2069 ~~;p~ `' 6orMed'f1w Notary PubSe unGerwAten • • • OATH QF QFFICE State of Florida ) County of Palm Beach ) Village of North Palm Beach ) S5. I, Darryl Aubrey, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein, so help me God. Subscribed and sworn to before me this 27th day of March, 2008. ,.~~" "~ M~~ssa a. rFai ',:~ {~Y CoMMIS510N # OD 43758Q ~~pd,: EXPIRES:JUlyl3,zoos Notary Public 'f1li~S;~`' dated Thru IVaary Pic Underwrl~ers •