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03-26-2009 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 26, 2009 Present: David B. Norris, Mayor William Manuel, Vice Mayor Darryl Aubrey, 5c.D., President Pro Tem Edward M. Eissey, Ph.D., Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Norris 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 Mayor Norris gave the invocation and Vice Mayor Manuel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Regular Session held 3/12/09 were approved as written. CONSENT AGENDA Councilman Eissey moved to approve the consent agenda. Councilman Hernacki seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Golf Advisory Board meeting held 2/9/2009 Receive Minutes of Waterways Board meeting held 2/17/09 Receive Minutes of Recreation Advisory Board meeting held 3/10/09 RESOLUTION 2009-22 ADOPTED -COMPREHENSIVE ANNUAL FINANCIAL REPORT Vice Mayor Manuel moved that Resolution 2009-22 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 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion. Terry Morton and Lily Davenport of Nowlen, Holt & Miner, P.A. were present to review the Comprehensive Annual Financial Report (CAFR) with the Council. Mr. Morton commended staff for a very good audit, and advised that the firm has issued an unqualified ("clean") opinion on the Village's financial statements. Mr. Morton gave a brief explanation of the various sections of the report. Minutes of Village Council Regular Session held March 26, 2009 Page 2 of 4 RESOLUTION 2009-22 ADOPTED - COMPREHENSIVE ANNUAL FINANCIAL REPORT continued i Discussion ensued on the Financial Highlights table on page 3 with regard to changes in general fund revenues over (under) expenses from 2007 to 2008. Mr. Morton explained that the two biggest changes from year to year were the decrease in interest earnings due to lower interest rates, and termination payments incurred by personnel outsourcing. Mr. Morton noted that outsourcing will result in cost savings in subsequent years. Tom Magill, Audit Committee Chairman, and Richard Podell, Audit Committee Vice Chairman, expressed comments on behalf of the Audit Committee. Mr. Magill advised that the Audit Committee will provide the annual report required by Village code after its meeting on 3/30/09. Mr. Magill offered to have the Audit Committee review the pension plan. Mr. Magill complimented the auditors and Village staff on their work. Mayor Norris and Village Manager Knight thanked the Audit Committee, the auditors, and Finance Director Samia Janjua and her staff for their efforts. Thereafter, the motion to adopt Resolution 2009-22 passed unanimously. RESOLUTION 2009-23 ADOPTED -REGISTRATION FEE FOR NON-DOMICILED BUSINESSES Vice Mayor Manuel moved that Resolution 2009-23 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A REGISTRATION FEE FOR PERSONS PERFORMING OR ENGAGING IN ANY TYPE OF BUSINESS WITHIN THE CORPORATE LIMITS OF THE VILLAGE THAT IS NOT REGULATED BY THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION AND AGAINST WHOM THE VILLAGE IS NOT AUTHORIZED TO LEVY A BUSINESS TAX; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion. Mr. Knight explained that establishing a registration fee will provide oversight of businesses that possess a business tax receipt from another municipality but conduct business within the Village by allowing staff to verify the licensing authority and ensure compliance with Village code. Discussion ensued on enforcing the registration requirement. Mr. Knight stated that enforcement would be provided through Public Safety and Code Compliance. Village Attorney Len Rubin clarified the resolution is an interim measure, pending adoption of an ordinance updating Chapter 17 of the Code, at which time it can be enforced through the Code Enforcement Board. It was suggested that the resolution be amended to specify an expiration date, since a subsequent ordinance will address the issue. Mr. Knight noted the resolution also sets the registration fee, and recommended that fees be established by resolution, rather than by ordinance, so that any future changes in fees may be instituted by resolution. Mr. Rubin advised that this resolution will be superseded and rescinded upon adoption of the code amendment ordinance; further, that in conjunction with the ordinance, Council will be asked to consider a proposed master fee schedule, which will be adopted by resolution. Thereafter the motion to adopt Resolution 2009-23 passed unanimously. Minutes of Village Council Regular Session held March 26, 2009 Page 3 of 4 • RESOLUTION 2009-24 ADOPTED -BID AWARD FOR TENNIS FACILITY FENCING Councilman Eissey moved that Resolution 2009-24 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY COMMERCIAL FENCE CONTRACTORS, INC. FOR FENCING WORK TO BE PERFORMED AT THE NORTH PALM BEACH COUNTRY CLUB TENNIS FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Manuel seconded the motion, which passed unanimously. RESOLUTION 2009-25 ADOPTED -STORM DRAIN REPAIRS -VILLAGE GARDEN APTS. Councilman Eissey moved that Resolution 2009-25 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 STORM DRAIN REPAIRS LOCATED AT THE WEST END OF THE VILLAGE GARDEN APARTMENTS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Discussion ensued on ownership of the right-of--way and drain line. Mr. Knight reported that the drain line is owned by the Village and was installed prior to construction of the apartments. Thereafter, the motion to adopt Resolution 2009-25 passed unanimously. RECESS A brief recess was called at 8:07 p.m. to allow FDOT to set up equipment for its presentation. FLORIDA DEPARTMENT OF TRANSPORTATION PRESENTATION ON PARKER BRIDGE Henry A. Oaikhena, MPA, P.E., Froject Manager, Florida Department of Transportation, was present to review the upcoming rehabilitation of the Parker Bridge on U.S. Highway 1. Mr. Oaikhena introduced design consultant Henri Sinson, Hardesty & Hanover, LLP, and Gail Wells, PCL Civil Constructors, Inc., the construction contractor. Mr. Sinson discussed plans to add afive-foot wide sidewalk on each side of the bridge to accommodate pedestrian and bicycle traffic, as well as renovation of the bridge tender's house. Ms. Wells reviewed plans for staging of equipment and materials, barge activity and access, and work hours. Additional discussion ensued on measures to decrease noise from traffic passing over the bridge, and the impact of construction hours and noise. Mr. Knight announced that a "town hall" meeting will be held before the start of construction, which is planned to commence in Iuly 2009 and be completed within 10 -12 months. Minutes of Village Council Regular Session held March 26, 2009 Page 4 of 4 MAYOR AND COUNCIL MATTERS/REPORTS Discussion took place concerning an invitation from the Florida Department of Transportation to become a participating agency on Phase 2 of the South Florida East Coast Corridor Transit Analysis (SFECCTA) Study. By consensus, Council agreed to accept the invitation to participate in Phase 2 of the SFECCTA Study. Discussion was held regarding a review of the Village's pension plans by the Audit Committee. By consensus, the Council requested that the Audit Committee review the pension plans and provide an opinion as to the accuracy of actuarial reporting and the overall health of both plans. Vice Mayor Manuel reported that the North Palm Beach Elementary School will hold an event on May 4, 2009 at 10:00 a.m. in celebration of its 50th Anniversary. Vice Mayor Manuel noted that funds are available in the Council's budget that can be transferred for this purpose, should Council approve a donation. Vice Mayor Manuel moved to donate $500 to the North Palm Beach Elementary School for the purpose of its 50th Anniversary celebration on May 4th. Councilman Eissey seconded the motion, which passed unanimously. VILLAGE MANAGER MATTERSlREPORTS Mr. Knight reported that Heritage Day expenses were $46,533 and revenues totaled $23,561. Mr. Knight thanked Parks and Recreation Director Mark Hodgkins and his staff for obtaining $11,400 in sponsorships. Mr. Knight distributed information on change orders for Anchorage Park including change order #5, in the amount of $4,725 to pave the approach to the north dry storage area; change order #6, in the amount of $10,453.50 for installation of drainage and concrete slabs for water fountains; and change order #7, a credit of $12,530 for deleting two date palms from the scope of work. Mr. Knight displayed a listing of all grants obtained for Anchorage Park improvements, and noted that after deducting $3,611 for the cost of eight security cameras, the available budget is $16,416. Mr. Knight reported that the installation of the new Library windows will be completed on Saturday and the Library will re-open on Monday. Because there is still plastering work to be done on the outside of the building around the windows, Mr. Knight proposed spending $3,200 to stucco over the existing Chattahoochee stone on the exterior of the building and paint the entire building the same shade of yellow as the Village Hall. Council approved this plan by consensus. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:05 p.m. _ ~~~~,~f ~~~~~ ~~ ~ ®~~~ Melissa Teal, CMC, Village Clerk •