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04-22-2010 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • APRIL 22, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel 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 Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Wendy Glidden, Captain of the North Palm Beach Seniors Level 1 Tennis Team presented Council with the Division 1 Women's Championship plaque from the Palm Beach County Senior Tennis League. Mayor Manuel recognized additional North Palm Beach Tennis teams that were awarded plaques in the Royal Palm Division as Champions and Finalists. APPROVAL OF MINUTES The minutes of the Regular Session held 4/8/2010 were approved. Correction of a typo under Roll Call was noted. CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. Vice Mayor Aubrey seconded the motion, which passed unanimously. The consent agenda included the following items: Receive Minutes of Code Enforcement Board meeting held 4/5/2010 Receive Minutes of Planning Commission meeting held 4/6/2010 Receive Minutes of Recreation Advisory Board meeting held 4/13/2010 Receive Minutes of Zoning Board of Adjustment meeting held 4/13/2010 RESOLUTION 2010-21 ADOPTED -LIBRARY AUTOMATION SOFTWARE PURCHASE Councilman Hernacki Aubrey moved to adopt Resolution 2010-21 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF LIBRARY AUTOMATION SOFTWARE FROM SIRSI/DYNIX; AND PROVIDING FOR AN EFFECTIVE DATE. President Pro Tem Norris seconded the motion. Minutes of Village Council Regular Session held Apri122, 2010 Page 2 of 5 RES 2010-21 ADOPTED -LIBRARY AUTOMATION SOFTWARE PURCHASE continued • Mr. Knight explained the Village joined the Cooperative Authority for Library Automation (COALA), consisting of four other Palm Beach County municipal libraries, which enables our Library to implement astate-0f--the-art automation system without incurring a large capital outlay. Mr. Knight requested Council approval to waive the purchasing rules and regulations and approve the software purchase for a user license as anadd-on site from SirsiDynix in the amount of $27,800. Mr. Knight advised that a budget amendment would be prepared at year-end to reflect the purchase and the receipt of Library Services and Technology Act (LSTA) grant funds for this project. Mr. Knight reported that the contract had to be signed in advance in order to guarantee pricing in effect until 3/31/10 only. Discussion ensued on the consequences if Council did not approve the resolution. Mr. Rubin advised that without Council approval, the contract would be void. Mr. Knight explained that yearly fees for the software would be included in the budget. Thereafter, the motion to adopt Resolution 2010-21 passed unanimously. RESOLUTION -BID AWARD FOR POOL RESURFACING -TABLED Councilman Hernacki moved to adopt a proposed resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY NATIONAL PAVING AND WATERPROOFING, INC. FOR THE RESURFACING OF THE COUNTRY CLUB POOLS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERIC TO AMEND THE 2009-2010 BUDGET FOR THE PURPOSE OF TRANSFERRING $160,000 FROM THE RECREATION/DEVELOPER FEE ACCOUNT TO THE POOL CAPITAL PROJECT ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gebbia seconded the motion. Mr. Knight recommended Council accept the bid of $198,765 from National Paving and Waterproofing, Inc. Mr. Knight advised that additional engineering would be needed prior to commencement of the project in order to comply with federal regulations on pool drain safety. Mr. Knight noted total project costs should not exceed $225,000. Discussion ensued on the installer's certification and manufacturer's warranty, pool pump room, and time to complete the project. Mr. Knight reported that engineering and construction costs for repairs to the pump room would be included in the FY2011 Budget. Mr. Knight advised that the pool resurfacing project can be completed before the pump room, as it will not be affected by the pump room work. Mr. Rubin reported that the time period to complete the project is 65 days from issuance of the Notice to Proceed for substantial completion and 75 days for final, and this was included in the bid specifications. President Pry Tem Nprric mny~l to tal~h this it@m pending fiLrther infnrmati~n nn the lena h of the warranty and contractor certification. Councilman Hernacki seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held April 22, 2010 Page 3 of 5 RESOLUTION 2010-22 ADOPTED -PROSPERITY FARMS ROAD CORRIDOR STUDY President Pro Tem Norris moved to adopt Resolution 2010-22 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE PROSPERITY FARMS ROAD CORRIDOR STUDY AND RECOGNIZING ITS FUTURE USE AS A PLANNING DOCUMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Aubrey seconded the motion. Mr. Knight noted that adoption of the Resolution acknowledges receipt of the Prosperity Farms Road Corridor Study and recognizes its future use by the Planning Commission and Village Council as a planning document when considering future land use and zoning applications in accordance with Village regulations. Mr. Knight advised revisions to the Future Land Use Map to reflect the current residential use of three parcels of land would be made during the next Evaluation and Appraisal Report (EAR) cycle. Mr. Knight confirmed that receipt of the Prosperity Farms Road Corridor Study does not constitute or mandate any changes in zoning. Thereafter, the motion to adopt Resolution 2010-22 passed unanimously. RESOLUTION -AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH SPRINT SPECTRUM. LP -TABLED Vice Mayor Aubrey moved to adopt a proposed resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. TO PROVIDE FOR THE INSTALLATION OF AN ADDITIONAL ANTENNA AND RELATED EQUIPMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion. Mr. Knight advised that Global Signal Acquisitions, acting as manager of Sprint's telecommunications tower facilities, requested permission to add equipment and an antenna to an existing tower and platform located at the Community Center. The lease amendment would allow Sprint to sublease the existing facilities to Clear Wire LLC in exchange for payment to the Village of an additional rent of $1,304.77 per month. Mr. Knight stated the rent shall be payable and shall escalate upon the same terms and at the same time as the rent set forth in the original Communications Site Lease Agreement. Mr. Knight reported there would be no expansion to the existing footprint of the communications tower or surrounding area. Mr. Knight advised that the Planning Commission reviewed and approved the placement of the additional antenna and equipment at its 2/2/2010 meeting. The following issues were discussed: visual impact, expiration term of the original contract, and the sublease payments Sprint would receive. Mr. Rubin reported the new antenna would be located below the existing antenna. Re~ardin~ the sublease, Mr. Rubin advised the Village may request information from Global Signal, but may not compel a response. v r President Pro Tem Norris moved to table this item while staff verifies the expiration term of the original lease agreement and attempts to obtain information on the sublease payments. Councilman Hernacki seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held Apri122, 2010 Page 4 of 5 RESOLUTION 2010-23 ADOPTED -APPOINTING MEMBERS TO VILLAGE BOARDS Vice Mayor Aubrey moved to adopt Resolution 2010-23 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion. Mrs. Teal reported that 33 incumbent board members had requested Council consideration for reappointment, five incumbent board members are resigning, and there are three vacant positions. Because only three new applications had been received to date, Mrs. Teal noted that interviews of new applicants and appointments to fill vacant positions would be deferred to a date to be determined. Mrs. Teal reminded Council that the Code of Ordinances provides that "Members whose terms have expired shall continue to serve until their successors are appointed" Council consensus was to reappointment all incumbent members as listed in the agenda backup memo, and with regard to the Waterways Board, to move Denise Whiteford from 1st alternate member to regular member, and to move Jerry Sullivan from 2nd alternate member to 1st alternate member. Discussion took place regarding Scott Hicks request to be considered for the Recreation Advisory Board or Planning, Commission. Mr. Hicks was reappointed to the Waterways Board; however, Council will consider his request when a member is appointed to fill the vacant position on the Planning Commission. Thereafter, the motion to adopt Resolution 2010-23 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Manuel asked for a volunteer to replace former Councilman Eissey as an alternate representative to the Northlake Boulevard Corridor Task Force and as the alternate representative to the Palm Beach County Multi-Jurisdictional Issues Coordination Forum. Councilman Gebbia volunteered to serve on the Task Force and the Issues Forum. By consensus, Council appointed Councilman Gebbia as its alternate representative to the Palm Beach County Multi-Jurisdictional Issues Coordination Forum. A resolution appointing Councilman Gebbia as an alternate representative to the Northlake Boulevard Corridor Task Force will be placed on the next agenda. Mayor Manuel asked Council to place a resolution concerning the one cent sales tax on the next agenda. Mr. Knight stated the recommendation of Administration to oppose the proposed fire rescue sales surtax due to uncertainty on how it would be applied. Mr. Knight stated that when questions regarding the surtax are resolved and if it is in the best interest of the Village to participate, it could join in the Interlocal Agreement at a later date. Council consensus was to place a resolution opposing the proposed fire rescue sales surtax on the May 13, 2010 agenda. Pursuant to Council's determination at its 3/25/2010 Workshop Session to seek additional information regarding the Special Magistrate system from other area municipalities, Mayor Manuel distributed recordings of Special Magistrate hearings from Jupiter, Palm Beach Gardens, Juno Beach, and Lake Park. Further discussion of this issue will be held at the May 13, 2010 Workshop Session. Minutes of Village Council Regular Session held Apri122, 2010 VILLAGE MANAGER MATTERS Page 5 of 5 Mr. Knight distributed a flyer on the North Palm Beach Business Forum, to be held Wednesday, • June 16, 2010 at 5:00 p.m. at the Country Club. Mr. Knight reported the intent to issue a Notice of Default tomorrow to C'est Si Bon, the restaurant vendor at the Country Club. Mr. Knight advised their official date to begin at the restaurant was 4/15/2010 and the Village has yet to receive any of the required documentation, including deposits, surety bond, and licensing. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Audit Committee Chairman Tom Magill reviewed the Annual Report of the Audit Committee. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:25 p.m. ~ ~~o ~~ ~~ ~~'~,~ ~ Melissa Teal, CMC, Village Clerk