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07-09-2009 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUIr'CIL OF NORTH PALM BEACH, FLORIDA JULY 9, 2009 • Present: David B. Norris, Mayor William Manuel, Vice Mayor Darryl Aubrey, Sc.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 staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and Councilman Eissey led the public in the Pledge of Allegiance to the Flag. - APPROVAL OF MINUTES The Minutes of the Regular Session held 6/25/09 were approved as written. STATEMENTS FROM THE PUBLIC Request by the production company for the movie "Turkles" to film in Lakeside Park was postponed to the Mayor and Council Matters/Reports portion of the agenda. FIRST READING OF ORDINANCE 2009-07 -BUSINESS TAX RATE AMENDMENT Vice Mayor Manuel moved that Ordinance 2009-07 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," BY AMENDING ARTICLE II, "LOCAL BUSINESS TAX," SECTION 17-33, "BUSINESS TAX SCHEDULE," TO REDUCE THE RATE OF BUSINESS TAXES FOR SECURITY AND COMMODITY BROKERS AND TO CAP THE RATE OF BUSINESS TAXES FOR RETAIL TRADE ESTABLISHMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. Councilman Hernacki seconded the motion. Mr. Knight reviewed the proposed ordinance, which provides for a reduction in the business tax for security and commodity brokers to correspond with the surrounding municipalities, and a maximum tax rate cap of $7,500.00 for retail trade establishments with inventory. Mr. Knight advised that the Village may not reclassify businesses, professions, or occupations, or amend its • current classifications; however, it may conduct biennial reviews of its business tax rates and decrease or increase the rates by up to 5%. Discussion ensued on the $7,500.00 cap, which would remain in place until a subsequent modification by the Village Council. Thereafter, the motion to adopt Ordinance 2009-07 on first reading passed unanimously. Minutes of Village Council Regular Session held July 9, 2009 Page 2 of 6 FIRST READING OF ORDINANCE 2009-08 -COMPREHENSIVE PAY PLAN AMENDMENT . Councilman Eissey moved that Ordinance 2009-08 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR FISCAL YEAR 2008-2009 AS ADOPTED BY ORDINANCE NO. 2008-14 TO RECLASSIFY THE EXISTING POLICE LIEUTENANT POSITIONS TO POLICE CAPTAIN POSITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. President Pro Tem Aubrey seconded the motion. Mr. Knight reported that Public Safety Director Robert O'Neill has identified the need to reorganize the police division to provide for a clarified command structure and improved reporting and accountability. Mr. Knight briefly reviewed the organizational structure and informed Council there would be no budgetary impact as a result of the proposed change. Thereafter, the motion to adopt Ordinance 2009-08 on first reading passed unanimously. FIRST READING OF ORDINANCE 2009-09 -AMENDING NUISANCE ABATEMENT CODE Vice Mayor Manuel moved that Ordinance 2009-09 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY," SECTION 14-79, "DEFINITIONS," TO INCLUDE VEHICLES, BOATS AND BOAT TRAILERS WITHOUT CURRENT AND VALID TAGS OR REGISTRATIONS AS REQUIRED BY STATE LAW WITHIN THE DEFINITION OF DEBRIS THEREBY PROHIBITING THEIR STORAGE ON PRIVATE PROPERTY UNLESS WITHIN AN ENCLOSED STRUCTURE AND NOT VISIBLE AT GROUND LEVEL FROM ADJOINING PROPERTIES OR PUBLIC RIGHTS-OF-WAY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. Councilman Eissey seconded the motion. Mr. Knight explained that the proposed ordinance includes vehicles, boats, and boat trailers without current registration and not stored within a fully enclosed building in the definition of debris in Section 14-79 ofthe nuisance abatement code adopted by Ordinance 2008-15. Brief discussion ensued on the parking of boats and boat trailers in the swale. Mr. Knight explained the grace period for loading and unloading of boats. Discussion ensued concerning code enforcement on the weekends. Mr. Knight reported that the Village's building inspectors • are being cross-trained in code enforcement, and in the future, there will be dedicated code enforcement service on the weekends. Thereafter, the motion to adopt Ordinance 2009-09 on first reading passed unanimously. Minutes of Village Council Regular Session held July 9, 2009 Page 3 of 6 FIRST READING OF ORDINANCE 2009-10 -MODIFYING CONDITIONS FOR LIVE OAK PLAZA ANNEXATION • Councilman Eissey moved that Ordinance 2009-10 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE N0.2008-10 TO MODIFY THE CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA AND EXTEND THE DEADLINES RELATING TO SIGNAGE AND THE INSTALLATION OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Manuel seconded the motion. Mr. Knight detailed a request from Attorney Gary Brandenburg, representing the owner of Live Oak Plaza, to extend by two years the deadlines established by Ordinance 2008-10 for completion of the master signage plan and plaza frontage landscaping. Mr. Knight stated that Village Administration recommends limiting the extension to one year. Mr. Brandenburg was present on behalf of the property owner. Discussion took place on completing the required median landscaping on Alternate AlA to reflect the median landscaping in place in front of the Mercedes Benz dealership. Mr. Brandenburg agreed to complete the median landscaping from the dealership north to Richard Road as soon as possible. Discussion took place concerning the master signage plan and frontage landscaping for the plaza. Mr. Brandenburg reported Planning Commission approval of the master signage plan; however, due to current economic conditions, he requested that implementation ofthe signage plan and installation of plaza landscaping be delayed. Mr. Brandenburg agreed to a one-year extension. It was suggested that the proposed deadline of October 11, 2010 regarding signage be changed to October 1, 2010. Discussion was held regarding business tax receipts. Mr. Knight noted that only 9 of the 17 businesses in Live Oak Plaza have complied with the requirement to obtain a business tax receipt. Mr. Brandenburg offered to send notices of the requirement, along with the necessary application, to the businesses in question. President Pro Tem Aubrey moved to amend Ordinance 2009-10 to provide that the median landscaping be completed in 30 days, and the date in Section 2 be changed to October 1, 2010. Vice Mayor Manuel seconded the motion to amend. Discussion ensued onone-year versus two-year compliance. It was noted that Council has the option to reassess the compliance deadline in 12 months. Thereafter, the motion to amend passed unanimously. Thereafter, the motion to adopt Ordinance 2009-10 as amended, on first reading passed 4 - 1, with President Pro Tem Aubrey, Vice Mayor Manuel, Councilman Hernacki, and Mayor Norris in favor and Councilman Eissey opposed. CONSENT AGENDA Councilman Eissey moved to approve the consent agenda. President Pro Tem Aubrey seconded • the motion, which passed unanimously. The following items were approved: Receive Minutes of Golf Advisory Board meeting held 5/11/09 Receive Minutes of Audit Committee meeting held 6/12/09 Recommendation: "...elimination of the Lump Sum payout provision in the General Employee Pension Plan." Receive Minutes of Library Advisory Board meeting held 6/23/09 Minutes of Village Council Regular Session held July 9, 2009 Page 4 of 6 RESOLUTION 2009-42 -LIGHTHOUSE DRIVE BRIDGE REPAIRS CONTRACT • Vice Mayor Manuel moved that Resolution 2009-42 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA REJECTING ALL BIDS RECEIVED IN RESPONSE TO THE INVITATION TO BID FOR REPAIR OF THE APPROACH SLABS TO THE LIGHTHOUSE DRIVE BRIDGE AND APPROVING A PIGGYBACK CONTRACT AWARD TO C.E.M ENTERPRISE, INC. FOR REPAIRS TO THE APPROACH SLABS UTILIZING AN ALTERNATE METHOD; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH C.E.M. ENTERPRISES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion. Mr. Knight detailed the price range of 11 bids received for repairs to the Lighthouse Bridge approach slabs and advised that all bids were substantially higher than anticipated. Mr. Knight reported that the Village Engineer developed an alternate repair method and provided revised construction drawings. Mr. Knight recommended Council reject all bids received and engage C.E.M. Enterprises, Inc. to perform the repairs, as the firm previously worked on the bridge in 2008 and the Village is able to piggyback an existing Florida Department of Transportation (FDOT) contract. Mr. Knight noted the need to complete the repairs prior to the beginning of the next school session. Discussion ensued on the altenate repair method. Mr. Knight advised FDOT has used this method to repair approach slabs for many years. Mr. Knight reported the repair work should begin 7/20/09 and will necessitate closing the bridge for a week. Mr. Knight will post notice on the website tomorrow and will ensure notice is sent to neighboring properties. Public Works Director Wiley Livingston discussed maintenance of traffic and advised electronic signs will be in place a week before the work commences. Thereafter, the motion to adopt Resolution 2009-42 passed unanimously. RESOLUTION 2009-43 -TELEPHONE AND DATA SERVICES CONTRACT Vice Mayor Manuel moved that Resolution 2009-43 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE EXECUTION OF PHONE AND DATA SERVICE AGREEMENTS WITH NUVOX COMMUNICATIONS, INC. (D/B/A NUVOX) AND AUTHORIZING THE PURCHASE OF RELATED EQUIPMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY SERVICE AGREEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion. Representatives of Nuvox were present and briefly reviewed information concerning the company and its local governmental clientele. Mr. Knight detailed the advantages to changing • service providers, including cost savings of nearly $85,000 per year and installation of T-1 data lines at all Village facilities. Mr. Knight reported an initial cost of $14,072.08 to upgrade certain system components. Mr. Knight confirmed the agreements are for three years. Thereafter, the motion to adopt Resolution 2009-43 passed unanimously. Minutes of Village Council Regular Session held July 9, 2009 Page 5 of 6 PALM BEACH FILM GROUP, INC. REQUEST TO FILM IN LAKESIDE PARK • Chuck Elderd, Palm Beach County Film and Television Commission, and Frank Eberling, Palm Beach Film Group, distn~uted background information on the children's movie "Turkles" and documentation regarding approval of filming by Village residents. Mr. Eberling addressed the Council concerning his request to film night scenes at Lakeside Park. Movie content, shooting schedule, and film release plans were detailed by Mr. Eberling, who advised that 20 residents living in proximity to the park had been contacted and were in favor of allowing filming in the park at night. A procedural question was raised regarding the propriety of Council action on the request at this meeting. Mr. Rubin advised that Council may take up the issue at this time, if it so chooses, as it appears that those persons who will be most specifically affected are aware of the matter. Mr. Knight noted his responsibility to safeguard Village residents and visitors, and expressed the need to have staff contact the residents adjacent to park property. Mr. Knight discussed code issues including working after hours, noise, driving in the park, and bonfires, as well as security and safety concerns. Mr. Knight expressed the need to have the fire department on standby during the bonfire scene, which would require bringing in additional fire personnel and apparatus. Regarding security during filming, Mr. Knight advised that two uniformed police officers would be necessary for crowd control and security purposes. Mr. Knight stated the production company would be required to pay for the required personnel and services. Discussion took place regarding the number of vehicles in the park. Mr. Eberling estimated housing 20 vehicles in the parking lot, with the remainder to be parked at a business within walking distance. Mr. Eberling reported that the truck and generator previously planned to provide electricity during filming have been eliminated due to cost, and the crew will utilize portable battery-powered lighting during beach filming. Further, Mr. Eberling advised that several park neighbors have agreed to allow the crew to access electrical outlets from their residences. Discussion ensued on noise. Mr. Eberling detailed the amount of noise anticipated based on the scenes to be filmed at the park. Insurance was discussed. Mr. Eberling advised that Palm Beach County Film Commission permit requirements stipulate that the group carry $1 million in general liability coverage, with the Village listed as additional insured during filming on Village property. Mr. Elderd provided Mr. Knight with documentation. It was noted that there are no bathrooms at Lakeside Park. A concern was expressed regarding the amount of trash that may be generated during filming. Mr. Eberling will provide for portable bathrooms and trash removal. Councilman Hernacki moved to allow the Village Manager to work with the production company for "Turkles" to develop adequate safeguards for the use of Lakeside Park for evening filming during the months of July and early August, including limited waivers to Village ordinances, when necessary and under the supervision of the Village Manager. President Pro Tem Aubrey seconded the motion, which passed unanimously. • VILLAGE COUNCIL MATTERS/REPORTS Discussion ensued on designating a voting delegate for the upcoming Florida League of Cities Annual Conference. By consensus, the Village Council designated Vice Mayor Manuel to serve as its voting delegate and President Pro Tem Aubrey to serve as alternate voting delegate, if necessary. Minutes of Village Council Regular Session held July 9, 2009 VILLAGE COUNCIL MATTERS/REPORTS continued Page 6 of 6 Mayor Norris noted the Audit Committee report concerning Village pension plans and related • the Chairman's inquiry as to whether the Council needs anything further from the Committee on this topic. Council determined that nothing else is requested at this time. Mayor Norris thanked the Audit Committee for its efforts in this regard. President Pro Tem Aubrey distributed a Resolution of the Town of Loxahatchee Groves, which acknowledges the Final Report of the Palm Beach County Grand Jury investigation into Palm Beach County governance and public corruption issues and urges the County to implement the recommendations ofthe Grand Jury. President Pro Tem Aubrey noted that the Grand Jury report is to be considered by the County Commission on July 21st and by the Palm Beach County League of Cities on July 22nd and suggested Council consider adopting a similar resolution. Council noted the positive response received from numerous residents concerning the July 4th fireworks display at the Country Club. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight gave a progress report on construction of the new tennis facility and rebuilding of the tennis courts. Mr. Knight advised staff is working with IGM's landscape architect to develop landscape plans for the new facility. Mr. Knight noted an article on the tennis program in PBG Lifestyle magazine. Mr. Knight announced two change orders for the tennis facility - a credit for changing the front entry walkway and 14x10 foot east-side patio from straight concrete to pavers, and an additional cost to run electric and water lines under the patio to the water cooler, for a net additional cost of $1,051.00. Mr. Knight reported the need to provide for additional sidewalks, which will be brought forward as a change order at the next Council meeting. Councilman Hernacki mentioned an option to include crown molding in the building at an additional charge, and suggested allowing Mr. Knight to execute this option, if funding allows. Brief discussion took place concerning trees that are to be removed from certain Northlake Boulevard medians as part of an upcoming FDOT project and whether the tress could be relocated and used to supplement landscaping around the tennis facility and driving range. Discussion ensued on the completion date for the tennis facility. Mr. Knight noted efforts to complete the project in August, if possible, and detailed preliminary plans for a grand opening event. Mr. Knight announced the upcoming budget workshop on 7/15/09, which will be an overview of the General Fund budget. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. • Melissa Teal CMC Villa e Clerk g