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NORTH PALM BEACH COUNCIL MEETING 10/09/08

Council wraps up major projects in NPB

Village ‘closes out’ Prosperity Farms Road Project, Lighthouse & Monet Bridge Repair Projects

By Denise Jaegers

WeekDay Staff Writer

North Palm Beach Council members were eager to “closeout” a number of projects in the Village during last Thursday’s meeting, starting with the long-awaited Prosperity Farms Road project.

After years of controversy and red tape, the Prosperity Farms Road Beautification Project is finally at an end, with the final payment of $5,849 to McCabe Brothers Construction. On May 22 this year, the Council awarded a bid to McCabe Brothers for the purchase and installation of trees requested by County Commissioner Karen Marcus to complete the landscape plans for Prosperity Farms Road. 

At the time, the Village had $65,000 remaining in the Prosperity Farms Road Beautification Project account.  McCabe Brothers did the job for $58,490.  “The Village has received the Engineer’s final inspection, certificates for payment, along with all other required documentation,” said Village Manager Jimmy Knight in his memo to Council. 

Elated this project was finally completed, the Council voted unanimously to authorize the final payment to McCabe Brothers.

Council also unanimously authorized final closeout of Phase I of the Lighthouse Drive and Monet Road Bridge Repair Project, and final payment to CEM Enterprises, Inc. in the amount of $43,250.05.

Although the Village budgeted $200,000 for this project, the bid was originally awarded to CEM Enterprises for $120,000.  Additional work and material were necessary once the jobs had begun, however, at an added cost of $19,598.30.  This brought the total cost for Phase I to $139,773.13.

In other action, Council:

·         Unanimously adopted a resolution approving a second amendment to the agreement for Consultant Services with TBE Group, Inc. to extend the term of the agreement and authorize construction phase services, during the demolition activities and construction of Anchorage Park improvements during Phase I of the project. 

·         Unanimously adopted a resolution authorizing the Mayor and Village Clerk to Execute a Bill of Sale and Easement Deed to Seacoast Utility Authority, relating to the reclaimed water system.   The ten-year agreement between the Village and SUA for the use of reclaimed water authorizes a request for 300,000 gallons per day.

·         Unanimously approved first reading of an ordinance amending the Code by repealing Division 3, Abandoned, Inoperative and Junked Property; and Article IV, Weeds and Brush, of Chapter 14, Health and Sanitation, and adopting a new Article IV, Abatement of Public Nuisances on Private Property. 

·         Unanimously approved first reading of an ordinance amending the Code to increase the annual commercial use property waste disposal fees, as adopted by the Palm Beach County Solid Waste Authority. 

NORTH PALM BEACH COUNCIL MEETING 09/25/08

Council adopts budget, approves $307,000 for outsourcing Parks &Rec. maintenance

In view of extreme budget cuts and employee terminations, Village Manager says he won’t accept a raise this year

By Denise Jaegers

WeekDay Staff Writer

A handful of citizens made one last attempt Thursday to persuade Council members to “revisit” their recent decision to eliminate eight positions in the Parks and Recreation grounds maintenance department. 

One of the residents insisted the workers help keep unsavory characters off the property, stating they usually leave when they see the Village vehicles pulling up to perform maintenance duties.  “Sometimes there are drug dealers, child molesters and other ‘not so nice’ people loitering in the parks,” she said.  “These guys help keep our children safe, because when they arrive, the bad people leave.”

But Village Manager Jimmy Knight responded by advising it is the responsibility of the Public Safety Department to protect the residents and enforce the law, not the Parks maintenance workers.  “We will not be compromising the safety of our residents and children,” he assured the public.

Mayor William Manuel made one last statement before the vote was taken to approve the budget.  “Every department had cutbacks, not just the Parks and Recreation Department,” he stressed.  “This was a tough situation, but it was mandated in order to put together a budget for this year.”

With that, the Council voted unanimously to adopt the budget for Fiscal Year 2008-2009, and set the millage rate at 6.6977; or $6.6977 per thousand dollars of taxable assessed property value.  This millage rate is 0.512% less than the rolled back rate of 6.7322. 

After making this difficult, but unavoidable decision, the council voted unanimously to approve a contract with Total Maintenance Building Services, Inc. for the landscaping and maintenance duties within Village Parks for the next year. 

The cost will be no more than $307,483.68 – and will save the Village about $150,000 the first year, according to Knight, who stated the Village will save about $700,000 three years into this contract.  This information was of little comfort to the eight workers in the audience who lost their jobs as of September 30, however.

It became apparent later on in the meeting, how the Village Manager felt about letting go some employees who have been with the Village for over 20 years. 

“As you know, it is that time of year again, when you do your Performance Evaluations for the Village Manager,” he said with considerable emotion to the Council.  “I just want to inform you now, that I will not be accepting a raise, should you decide to retain me for another year as the Village Manager.”  The council solemnly nodded in agreement.   

In other action, Council:

·         Unanimously adopted a resolution approving a contract with D.S. Eakins Construction Corp. to replace the Earman River supply line to the golf course irrigation pond. 

·         Unanimously adopted a resolution accepting the proposal of Clint Mosier Court Maintenance and Repair, Inc. for tennis court maintenance services.

·         Unanimously adopted a resolution approving a Local Agency Program Agreement with the Florida Department of Transportation relating to improvements in Anchorage Park.

·         Unanimously adopted a resolution authorizing a supplementary deficit assessment payment to the South East Risk Management Association. 

NORTH PALM BEACH COUNCIL MEETING 9/11/08

Citizens protest as Council trims budget by cutting Parks & Rec. positions, eliminating separate Children’s Library

Eight full-time workers laid off in Parks & Recreation; Children’s Library moved upstairs to adult library, Children’s Librarian takes early retirement

By Denise Jaegers

WeekDay Staff Writer

Several members of the Village’s Library Board addressed the Council during last Thursday’s meeting, expressing their displeasure with its decision to eliminate the Children’s Librarian position, and move the Children’s Library upstairs, as part of the regular adult library.

One board member told the council she was deeply concerned about the Village cutting costs where the children were concerned.  She also noted that the adult patrons would not find such a quiet, relaxing library atmosphere with kids running around and being noisy upstairs.  Another board member stated the Council’s decision to create computer and office space “at the expense of our children would be a tragedy.” 

Children’s Librarian Mary Ann Caruso opted to accept the Village’s offer of an early retirement, and last week the children she has grown to love turned out to give her a surprise party, to show appreciation for her devotion.   It was an emotional farewell for the Children’s Librarian, who will not be replaced, due to the budget cuts that took place in recent weeks.

Another area where the Village decided to trim costs was the Parks and Recreation Department, where eight full-time employees were laid off.  One of the citizens complained to the Council that their action regarding the “privatization” of the Parks & Recreation maintenance duties was a poor decision on their behalf.  She was applauded and cheered by the eight disgruntled employees who sat in attendance.

Mayor William Manuel responded to her comments, expressing a sincere apology to those who are losing their jobs.  “This was a painful decision during our budget workshops, but we had no choice,” said he.  The employees were not satisfied with the Mayor’s remarks, and abruptly left the chambers grumbling loudly and bitterly.

On that note, the Council unanimously approved first reading of the ordinance to adopt a tentative millage rate of 6.6977; and to adopt the budget for Fiscal Year 2008-2009.  The public was again reminded that the State’s Property Tax Reform legislation this year has left many municipalities no other choice but to trim costs and sacrifice services. 

Since the administration and Council strongly resisted the elimination of staff positions in the Public Safety or Public Works Departments, the Recreation Department and Library took the biggest hits.  Council reiterated they were not happy about making these cuts, but were left no other choice in this harsh and relentless economic climate.

In other action Council:

·         Unanimously approved and enacted second reading of an ordinance annexing Live Oak Plaza, located on the west side of Alternate A1A south of Richard Road.  Vice Mayor David Norris again recused himself from this vote, stating Foster’s Pub was one of his firm’s clients.  Attorneys for Fosters Pub and the new Mercedes dealer developer were present once again, with Foster’s Attorney Gorman requesting 60-90 days before the Village enacts this ordinance.  Attorney Brandenburg, representing the developer, advised he would agree to 30 days, providing his colleague would not follow through with his threat to sue his client.  Council voted, 4-0, to give Foster’s 30 days before they would have to adhere to the Village code, and close its doors at 2 am, rather than 5 am, as they have been for years. 

·         Unanimously approved and enacted second reading of an ordinance adopting a small-scale Comprehensive Plan amendment to amend the future land use designation of 2.62 acres, aka Live Oak Plaza.  Vice Mayor Norris again recused himself from this vote, for the same reason as stated above. 

·         Unanimously approved and enacted second reading of an ordinance rezoning Live Oak Plaza from County CG Zoning District to Village C-2 (Commercial) Zoning District.  Vice Mayor Norris again recused himself from this vote, for the same reason as stated above.

·         Unanimously adopted a resolution approving an application for a State Aid to Libraries Grant.

·         Unanimously adopted a resolution approving a contract award to Dominica Recreation Products, Inc. for playground equipment in an amount not to exceed $25,887.06.

·         Unanimously adopted a resolution accepting the bid of Devland Site Development, Inc. for the demolition and removal of the wastewater treatment facility at Anchorage Park in an amount not to exceed $421,450.

·         Unanimously adopted a resolution accepting the bid of Allstate Windows & Kitchens for the replacement of glass windows and doors at the Community Center in an amount not to exceed $49,614.26.

·         Unanimously adopted a resolution approving the endorsement of the U.S. Mayors Climate Protection Agreement. 

NORTH PALM BEACH COUNCIL MEETING 8/28/08

Council approves ordinance to annex Live Oak Plaza

Foster’s Pub requests exception to remain open until 5 am, after ordinance is enacted at second reading in Oct.

By Denise Jaegers

WeekDay Staff Writer

An attorney representing Foster’s Pub in Live Oak Plaza addressed North Palm Beach Council members during their discussion of first reading of an ordinance to annex the property during Thursday’s meeting. 

Once the Village enacts the ordinance at second reading in October, the property will have to adhere to the code, which prohibits alcohol being sold after 2 am.  Foster’s Pub remains open until 5 am, with a large amount of its revenue depending upon “after hours” customers, as the attorney pointed out.

“If Foster’s has to close at 2 am, they will be forced to lay off some of their staff, and lose a lot of business during these already difficult financial times,” he noted. 

The Council was concerned about allowing a special exception for Foster’s, which would set a precedent for other businesses to request remaining open past 2 am for the purpose of selling alcohol.  In addition, the increased number of police calls between the hours of 2 and 5 am would put an extra burden on the Village’s police force, stated Village Manager Jimmy Knight.   

Foster’s attorney insisted the number of police calls on record were not accurate for Foster’s Pub, however, as some of them were incorrect addresses.  Also, some of the 911 calls were for minor incidents outside in the parking lot, such as a passenger disputing a fare for a cab.   Knight was quick to point out that the Village’s Public Safety responds to every call, no matter how trivial, and the increased activity puts the same amount of strain on the police force.

Vice Mayor David Norris advised he would not be voting on this matter, as Foster’s Pub is a client of his law firm.  First reading of the ordinance passed 4-0, with Norris recusing himself.  Further communications regarding the exception will be ongoing between the Village Attorney and Foster’s attorney, prior to second reading of the ordinance at the next meeting on October 9.

In other action, Council:

·         Approved, 4-0, first reading of an ordinance adopting a small scale Comprehensive Plan amendment to amend the future land use designation of the 2.62 acre parcel of property (Live Oak Plaza) located on the west side of Alternate A1A south of Richard Road.  (Norris recused himself from voting on this item, for the same reason mentioned above.)

·         Approved, 4-0, first reading of an ordinance rezoning the 2.62 acre parcel of property known as Live Oak Plaza located on the west side of Alternate A1A south of Richard Road from County CG Zoning District to Village C-2 (Commercial) Zoning District.  (Norris again recused himself from voting on this item, for the same reason above.)

·         Unanimously adopted a resolution approving a Financial Assistance Agreement with the Florida Department of Environmental Protection for grant funds to replace the Earman River water pipeline. 

·         Unanimously adopted a resolution approving a minor modification to the Harbour Isles Planned Unit Development (PUD) to provide for a reduced front setback on Lot 69.

·         Unanimously adopted a resolution authorizing execution of a Deed of Conservation Easement in favor of the South Florida Water Management District relating to Anchorage Park improvements.

·         Unanimously adopted a resolution amending Policy 07-002 “Retiree Insurance Benefits.”

·         Unanimously authorized final payment to Kirchman Construction in the amount of $16,096.45 in accordance with Village policies.  Village Manager Jimmy Knight advised there would be a grand opening of the renovated facility sometime in October. 

·         Unanimously approved and enacted second reading of an ordinance adopting a large-scale Comprehensive Plan Amendment to assign the Domani Parcel a future land use designation of high density residential. 

·         Unanimously approved and enacted second reading of an ordinance granting to Florida Power & Light Company a non-exclusive electric franchise for 30 years. 

NORTH PALM BEACH COUNCIL MEETING 7/24/2008

Village sets tentative rate of 6.73 mills for Fiscal Year 2008-2009

Millage rate up from 6.19 mils last year

By Denise Jaegers

WeekDay Staff Writer

North Palm Beach Council members voted unanimously last Thursday to adopt a tentative millage rate of 6.7322 mills for fiscal year 2008-2009.  Village Staff had recommended a dramatic increase from last year’s millage rate of 6.1981 mils.

Although nothing was mentioned during the agenda item regarding the hike since last year, the Village is following the trend set by neighboring municipalities, who have warned residents to expect a millage rate increase due to the state’s property tax reform legislation approved by voters this year.  “One way or another, residents are going to be paying to make up for the tax cuts in Tallahassee,” has been uttered by more than one municipal official during Town meetings. 

The first public hearing on the tentative budget and proposed millage rate will take place on Thursday, September 11, at 7:30 pm.  This will be the maximum rate, officials noted, from which the millage could possibly go down. 

In other action, Council:

·         Unanimously accepted and enacted guidelines for awarding gift rounds of golf at the North Palm Beach Country Club to non-profit organizations.  The Village golf course receives between 50-100 requests per season for foursome gift rounds, and this will set a maximum of 12 gift rounds (foursomes) per fiscal year. 

·         Unanimously approved first reading of an ordinance granting to Florida Power & Light a non-exclusive electric franchise.  Currently there is a franchise agreement between the Village and FPL that expires in July 2010. 

The current agreement requires that FPL pays a 6% franchise fee with an offset for ad valorem taxes and non-ad valorem tax assessments paid by FPL each year.  The new agreement calls for FPL to pay a 5.9% franchise fee with no deductions for ad valorem property taxes or non-ad valorem assessments, thereby increasing the Village’s total revenues from FPL by $50,000 annually. 

FPL is also required to pay the Village to repair any portion of public right-of-way that is damaged or impaired because of the installation, inspection or repair of FPL’s facilities.

NORTH PALM BEACH COUNCIL MEETING 6/12/2008

Council approves Employee ‘Buy Out’ Proposal for Village staff with 25 years tenure

Village Manager advises 13 employees are eligible for elective buy out, which must be accepted by Aug. 1, 2008

By Denise Jaegers

WeekDay Staff Writer

Village Manager Jimmy Knight presented a proposal to Council members at the end of last Thursday’s meeting, for long-tenured employees to voluntarily vacate their positions by offering them a “buyout” proposal. 

“Due to the tax reforms passed recently with Amendment 1 and the double digit devaluation of property values here in the Village, your Administration is facing a challenging budgetary process for Fiscal Year 2008/09,” said Knight in his memo to Council.  “In order to meet the demands of decreasing revenues and rising operating costs, the Administration is seeking alternate methods to trim costs wherever possible.

“Since personnel costs represent over 70% of the Village’s annual budget, the Administration will undoubtedly have to make cuts in this area in order to deliver a balanced budget,” Knight stated.  “The Administration is seeking Council authorization to allow the Village Manager to offer ‘buyouts’ to certain employees as an additional means of reducing employment costs.”

The proposed “buyouts” would be offered to full-time employees with 25 years of service or more, as of September 30, 2008; and to full-time employees who are fully-vested and eligible for normal retirement benefits.  The “buyouts” would be offered unilaterally to all employees meeting these criteria, and would not be mandatory, explained Knight. 

The “buyout” proposal would entail 100% payout of all accumulated leave balances; and three years of continuing 100% employer-paid premiums for single coverage on the Village’s lowest cost medical insurance plan or the cash equivalent of said coverage paid at the current years’ rate (times three years). There are currently 13 employees who qualify for the proposed buyout, Knight added.

“The Administration believes that offering ‘buyout’ proposals to long-standing employees prior to engaging in layoffs will send the appropriate message to Village employees: that the Village of North Palm Beach recognizes the value of its employees,” stressed Knight in his memo. 

After considerable discussion, including what effect this action will have on the pension plans already in place, Council members reluctantly agreed to Knight’s recommendation, and unanimously adopted the resolution. 

In other action, Council:

·         Unanimously adopted a resolution approving a contract with D.S. Eakins Construction Corp. for repair of a storm drain system located at 727 Hummingbird Way, at a cost not to exceed $83,600.

·         Unanimously adopted a resolution approving a contract with D.S. Eakins Construction Corp. for repair of a storm drain system located on North Pepperwood Circle, at a cost not to exceed $45,110.

·         Unanimously adopted a resolution approving a contract award to Charles S. Whiteside, Inc. for the replacement of designated sidewalks within the Village in an amount not to exceed $46,740.

·         Unanimously adopted a resolution approving an agreement with Peacock & Lewis Architects and Planners, Inc. for design of the Village Tennis facility.

·         Unanimously adopted a resolution approving a contribution to the Let Us Vote Political Action Committee in the amount of $13,800 and approving a budget amendment transferring the funds from the Council Contingency account to the Council - Donations Expenses account. 

NORTH PALM BEACH COUNCIL MEETING 5/22/08

Village approves $13,000 to join ‘Let Us Vote’ PAC

County-wide Political Action Committee mission is to place charter amendment on 2008 Presidential ballot

By Denise Jaegers

WeekDay Staff Writer

Palm Beach Mayor Jack McDonald gave a presentation on the committee he chairs, the “Let Us Vote” PAC (Political Action Committee), at the start of last Thursday’s North Palm Beach Council meeting. 

Initiated in 2007, the “Let Us Vote” PAC consists of a number of Palm Beach County municipalities, proposing a charter amendment to the County Charter on the 2008 ballot.  Once 60,000 signatures are collected on the petition, the amendment on the ballot would stipulate when the County proposes amendments to the County Charter that impact municipalities, such an amendment should be adopted by the majority of county residents and residents living within the affected municipal boundaries. 

The committee is also raising funds to promote public service announcements prior to the election, according to Mayor McDonald, who urged the Village to join the PAC.  The suggested contribution would be $13,000 for North Palm Beach.  This is an especially important ballot, as November 2008 is a Presidential ballot, with voter turnout anticipated to be much higher than normal, he noted. 

  

Following Mayor McDonald’s presentation and invitation to join the PAC, Mayor Bill Manuel made a motion that the Village contribute to the “Let Us Vote” PAC, and become part of the drive.  The remaining council members agreed the $13,000 would be well spent, in order to ensure the proposed charter amendment will be placed on the 2008 ballot. 

In other action, the Council:

·         Unanimously adopted a resolution approving a Continuing Contract for Professional Engineering Services with Wantman Group, Inc. 

·         Unanimously adopted a resolution approving an Interlocal Agreement with Palm Beach County for Village access to the County’s 800 MHz radio system, terminating membership in the Municipal Public Safety Communications Consortium (MPSCC) and revoking pledge of $12.50 fine revenues to MPSCC. 

·         Unanimously adopted a resolution approving the sole source of radios, dispatch consoles and related equipment and services from Motorola, Inc. in the total amount of $270,417.44 and approving a budget amendment to appropriate $191,622 from the undesignated, unreserved fund balance.

·         Unanimously adopted a resolution approving a contract with McCabe Brothers Construction, Inc. for Phase IV (the final phase) of the Prosperity Farms Road Beautification Project in an amount not to exceed $58,490.

·         Unanimously adopted a resolution approving a contract with Charles S. Whiteside, Inc. for overlay paving of designated Village streets, at a cost not to exceed $247,176.

·         Unanimously adopted a resolution approving an amendment to the Sanctuary Cove Phase II Planned Unit Development (PUD) to allow extension of the existing pier. 

NORTH PALM BEACH COUNCIL MEETING 5/08/08

Council hires new Village Engineering firm, lets go SFRN

Wantman Group will replace Engenuity Group (formerly SFRN) as Village Engineer

By Denise Jaegers

WeekDay Staff Writer

North Palm Beach Council members listened to four different engineering firms give presentations for an hour and a half before voting last Thursday on who to award an annual contract to provide engineering services to the Village.

 The Village’s contract with Engenuity Group (formerly SFRN) will expire on May 24, and 18 firms had recently submitted applications to contract for the Village to provide engineering services. 

An Evaluation Committee including the Public Works Director and the Community Development Director had reviewed all the submittals, and short-listed their top four candidates for the job:  Wantman Group, Inc.; Engenuity Group, Inc.; TBE Group, Inc.; and A&B Engineering, Inc.

After hearing all the presentations by the top four firms, Council took a vote and selected Engenuity Group and Wantman Group as a tie for first.  A second vote was taken on these two firms, and Wantman Group won the vote.  Former NPB Councilman Robert Rennebaum and Charles Isiminger are listed among the engineers working for Wantman Group. 

In other action, Council:

·         Unanimously adopted a resolution accepting the bid of CEM Enterprises Inc. for repairs to the Lighthouse Drive and Monet Road bridges in an amount not to exceed $120,170; and authorizing execution of a contract for such services.

·         Unanimously adopted a resolution approving the sole source purchase of WebTrac Basic Edition software from Vermont Systems at a total cost not to exceed $12,223.

·         Unanimously adopted a resolution amending the 2007-2008 Budget to transfer $250,000 from the unreserved, undesignated fund balance to Park Maintenance – Construction & Major Renovation to fund improvements to the Community Center.

·         Unanimously adopted a resolution approving a contract with D.S. Eakins Construction Corporation for the repair of storm drain systems located in the front of 905 and 917 Dogwood Road, at a cost not to exceed $15,640 and $11,500, respectively.   

NORTH PALM BEACH COUNCIL MEETING 4/24/08

Old Port Cove residents protest ‘spot zoning’ decision for twin towers 18-story Kolter Project

Village amends Comprehensive Plan to assign Domani Parcel a future land use designation of ‘high density residential’

By Denise Jaegers

WeekDay Staff Writer

Old Port Cove condominium residents and Property Owners Association members addressed the Village Council at last Thursday’s meeting, expressing their concerns and protestations during the Public Hearing on adopting a large-scale Comprehensive Plan Amendment to assign the Domani Parcel a future land use designation of “high density residential.”

The President of the Property Owners Association advised Council he was there representing 186 owners who are “adamantly opposed” to the Kolter Properties plans for erecting two 18-story towers on the Domani Parcel.  Among their concerns were the height restrictions of four stories on US Highway One; and the heightened traffic which will result from the project. 

In 2005, Kolter Properties purchased approximately 7.0 acres from the Passionist Monastery of Our Lady to redevelop the property and construct multi-family dwelling units.  The property is located on the east side of US Highway One, approximately one mile south of  PGA Boulevard.

This parcel was originally zoned as C-1 Commercial District, with a Special Policy 5.2, which has limited residential density of eleven 11 units per acre.   At that time, the developer requested for a Zoning Change from C-1 Commercial Neighborhood to R-3 Multi-Family Residential and Residential Planned Unit Development RPUD.

On July 14, 2005 Council granted approval, allowing a total of 77 units 69 condominiums and 8 town homes for this site.  The developer had initiated a Large-Scale Comprehensive Plan Amendment to remove a seven-acre parcel Domani Parcel from Special Policy 5.2 and to assign the Domani Parcel a future land use designation of high density residential. 

This would increase the number of units from 77 to 168. Florida Statute Number 163 allows up to 24 units per acre which is also consistent with the Village’s Comprehensive Plan and the approved Phase I of the US Highway One Corridor Study.  Councilman Edward Eissey expressed he had his own concerns with this number, however, as he felt 24 units per acre was too high for this location. 

The Council unanimously approved first reading of the ordinance, which the Village Attorney advised is merely asking the question, “is this an appropriate parcel for this use?” The Village Consultant will transmit a copy of the Large-Scale Comprehensive Plan to the State Department of Community Affairs (DCA) for their review and approval, which may take up to 100 days to come back. 

In other action, Council:

·         Unanimously adopted a resolution approving an Interlocal Cooperation Agreement with Palm Beach County for participation in the Urban County Program to access CDBG and Home Investment Partnership program funds.

·         Unanimously adopted a resolution appointing members to Village Boards. 

NORTH PALM BEACH COUNCIL MEETING 03/27/08

Council appoints Manuel as Mayor

Annual Financial Report reveals Village is ‘in a very good position, financially’

By Denise Jaegers

WeekDay Staff Writer

Outgoing Mayor and newly re-elected Councilman Edward Eissey wasted no time in nominating William Manuel for Mayor at the start of Thursday’s North Palm Beach Council meeting.   There were no other nominations, and the motion carried unanimously.

Following the Mayoral appointment, Manuel nominated David Norris as Vice Mayor, and the motion carried unanimously.  Norris then nominated Dr. Darryl Aubrey as President Pro Tem, and the motion carried unanimously.

Manuel was elected to the Village Council in March, 2006, and served as President Pro Tem during his first year in office.  He also represents the Village on the Florida League of Cities Home Rule Administration Council, the Palm Beach County League of Cities, and the Northlake Boulevard Corridor Task Force.

Following the nomination of officers and swearing in by the Village Clerk, Mayor Manuel took the gavel and conducted the following council business:

         Unanimously adopted a resolution approving a Medical Insurance “Opt-Out” policy allowing eligible full-time employees with alternate insurance to waive Village Group medical coverage and receive an “opt-out” incentive. 

·         Unanimously approved first reading of an ordinance amending the code Section entitled “Public Sites and Open Spaces”, to allow monetary contributions from developers in lieu of land dedication to be utilized for the construction and expansion of any public facility designed to mitigate the impacts of the subdivision. 

·         Unanimously adopted a resolution accepting the Comprehensive Annual Financial Report and authorizing filing of the report with the State.  The independent auditing firm of Nolton, Holt & Miner, P.A. advised Council they believe the Village is in “a very good position, financially,”; with the Reserve still holding 42% of the 2008 budget. 

·         Unanimously adopted a resolution approving a Florida Department of Environmental Protection Land and Water Conservation Fund Program Project Agreement for Anchorage Park.    The $200,000 grant will be the last received for Phase I of the Anchorage Park project, advised Village Manager Jimmy Knight.

NORTH PALM BEACH COUNCIL MEETING 2/28/08

Council approves discounted Summer golf memberships at NPBCC

Up to 50 residents & non-residents will be able to purchase 22 weeks for $700

By Denise Jaegers

WeekDay Staff Writer

After considerable discussion regarding fees, the Village Council voted 4-1 Thursday to establish a price of $700 for up to 50 residents and non-residents who may wish to purchase a summer membership at the North Palm Beach Country Club. 

Vice Mayor William Manuel cast the lone dissenting vote, after failing to convince his fellow council members to lower the fee to $300-400, in order to encourage more players during the slow summer season.  Councilman David Norris was the first to disagree with Manuel.

“I guarantee you, you’re going to create a problem with the existing members, if you lower the summer membership fee to such a cheap rate,” he said.   Current annual single membership rates at the NPBCC Nicklaus Signature course are about $3,500 for non-residents; and $2,300 for residents. 

Village Manager Jimmy Knight suggested a compromise, by giving those who purchase a summer membership the option of applying $200 of it towards an annual membership fee, should they enjoy playing the course all summer and decide to go ahead and join on a year-round basis. 

The Council was fine with that suggestion, providing there were spaces available for new members during next October’s renewal process.   Typically, 160 members go north for the summer, and return in October/November, when they must decide whether to renew their memberships, according to Knight. 

In other action, Council:

·         Unanimously adopted a resolution accepting the bid of $38,000 from Big Fun, Inc. for Heritage Day amusement rides and authorizing the execution of an agreement.  

·         Unanimously adopted a resolution accepting the bid of Zambelli Fireworks Internationale for $20,000 worth of July 4, 2008 fireworks display, and authorizing the execution of an agreement. 

·         Unanimously adopted a resolution approving a Project Agreement with the Florida Department of Environmental Protection for a Recreational Trails Program grant for Anchorage Park and approving a budget amendment to appropriate matching funds in the amount of $200,000. 

·         Unanimously adopted a resolution amending resolutions 2007-30 and 2007-34 to change the funding source for lease payments and related expenses for the temporary tennis facility from the Country Club Budget to the General Fund Budget.

·         Unanimously approved and enacted second reading of an ordinance which will “restrict lodging or camping in specified areas of the Village not intended for such purposes.”

NORTH PALM BEACH COUNCIL MEETING 2/14/08

Village about to enact ordinance ‘to restrict lodging or camping’

Public Safety Department needs tool to prevent transients from ‘establishing temporary living quarters’

by Denise Jaegers

WeekDay Staff Writer

Village Manager Jimmy Knight asked Council members to approve first reading of an ordinance which will “restrict lodging and camping in specified areas,” during Thursday’s North Palm Beach Council meeting. 

“The Department of Public Safety has discovered that persons are establishing temporary living quarters within publicly and privately owned spaces that are not intended for such purposes,” said Knight in his memo to Council. 

“Officers have located persons lodging under bridges, in meter rooms, on park benches and various other locations throughout the Village.  It has also been noted that during the winter months, there tends to be an influx of persons that are carrying their belongings with them and will be looking for places to lodge, many times within an open air environment,” he added. 

“While it is safe to say that most persons that lodge in the open are not criminals, there have been reported crimes in areas where evidence of clothing and bedding have been found,” Knight continued.  “In the best interest of the Village’s residents and citizens, the Public Safety Department is desirous of the Village Council adopting an ordinance to prohibit such actions.”

 Knight advised passing this ordinance would allow PSD officers to spend time on true crime issues, and not have to respond to or self-initiate contacts with suspicious persons. 

“It would limit the potential for crimes that may occur when persons with no ties to the community are living in areas that are not a suitable location; and it would help prevent unhealthy living conditions as these persons are in need of sanitary facilities that are not available to them while lodging in the open,” he added. 

Although the Council unanimously passed first reading of the ordinance, Vice Mayor William Manuel noted the Village did not wish to appear insensitive to the needs of the homeless, and suggested staff look into locating lodging in the area which would accommodate them temporarily. 

In other action, Council:

·            Unanimously adopted a resolution appointing Jim Peters as a 2nd alternate member to the Golf Advisory Board. 

·            Unanimously adopted a resolution authorizing the application for a State of Florida Library Services and Technology Act Grant to fund a new Library automation system, and authorizing the execution of agreements necessary to accept LSTA Grant Funds. 

·            Unanimously adopted a resolution approving the sole source purchase of a reclaimed metering control panel from Data Flow Systems to facilitate the use of reclaimed water. 

·            Unanimously approved and enacted second reading of an ordinance amending the Domani PUD (Planned Unit Development), by approving a funding agreement with Domani Development, LLC to adopt a revised schedule for payment of the required monetary contribution. 

·            Unanimously adopted a resolution approving an annual Support and License Agreement with Tyler Technologies, Inc., MUNIS division, for a Finance Department accounting software system. 

·            Unanimously accepted and authorized a Settlement Agreement and Mutual Release between Florida Blacktop, Inc., Hartford Casualty Insurance Company, and the Village.  The Village has agreed to pay $250,000 to Florida Blacktop for work performed on Prosperity Farms Road, as a result of a lawsuit filed in 2006 by the company for “non-payment and perforance delays”.

“The Village’s position was, and continues to be, that Florida Blacktop failed to fulfill the necessary and required specifications as spelled out in their contractual agreement during the Prosperity Farms Road Beautification Project,” said Knight in his memo to Council.  “However, the judicial process is anything but predictable.”

NORTH PALM BEACH COUNCIL MEETING 1/24/08

Village awards contract for installation of reclaimed water line to NPBCC golf course

Contractor to lay 1,300 feet of 12-inch pipe at a cost of $198,178

By Denise Jaegers

WeekDay Staff Writer

In response to the tighter SFWMD watering restrictions in force and effective indefinitely, North Palm Beach Council members voted unanimously last Thursday to adopt a resolution approving a contract award to install a reclaimed water supply line to the North Palm Beach Country Club golf course.

Within 45 days, D.S. Eakins Construction Corporation will lay 1,300 feet of pipe, at a cost of $198,178.  The 12-inch diameter pipe will move 300,000 gallons of reclaimed water in about 18 hours, to irrigate the $5 million golf course, according to Village Manager Jimmy Knight. 

The Council also authorized, 4-1, a final payment of $10,482 to Delray Garden Center to close out that contractor involved in the Prosperity Farms Road Beautification Project. 

Of the $1,305,000 spent thus far on the project, the Village has been reimbursed over $954,000 by Palm Beach County, said Knight.  (Council member T.R. Hernacki cast the lone dissenting vote in this action.)

In other action, Council:

·         Unanimously approved first reading of an ordinance amending the Domani PUD (Planned Unit Development) by approving a funding agreement with Domani Development, LLC, to adopt a revised schedule for payment of the required monetary contribution.   The next payment should be approximately $250,000, according to Knight, who expressed a desire to earmark the funds for the Recreation Department to build a new tennis facility at the NPBCC.

·         Unanimously adopted a resolution accepting the proposal of The Standard to provide Village employees with life, accidental death and dismemberment, long term disability, and supplemental life insurance policies. 

·         Unanimously adopted a resolution urging members of the Florida Legislature to support key legislative issues identified by the Florida League of Cities.

·         Unanimously approved and enacted second reading of an ordinance amending the code to allow floating docks “in Lake Worth and the Atlantic Ocean”, to accommodate Old Port Cove.  Residential floating docks shall have a minimum width of 6 feet and a maximum width of 10 feet. 

·         Unanimously approved and enacted second reading of an ordinance amending the “Elections” chapter to remove superseded language and otherwise conform to state law. 

NORTH PALM BEACH COUNCIL MEETING 1/10/08

Council approves ‘Gray Water’ agreement with Seacoast Utilities to save NPBCC golf course

With tightened water restrictions starting this week, Village will use 300,000 gallons of Reclaimed Water per day, at a cost of nearly $2,000 per month

By Denise Jaegers

WeekDay Staff Writer

In response to the South Florida Water Management District’s (SFWMD) heightened water restrictions that came into effect on Tuesday, Village Council members unanimously voted last Thursday to approve an agreement with Seacoast Utilities Authority (SUA) for 300,000 gallons of “gray water” per day to keep the NPBCC golf course watered.

“Currently the Village relies on a single source of water supply with an intake on the C-17 Canal and a long pipeline to the irrigation pond located in the southeast quadrant of the NPBCC golf course,” advised Village Manager Jimmy Knight in his memo to Council.  That water use permit is scheduled to expire March 10, 2008, however.

Although the Village is attempting to renew their permit to use water from the C-17 Canal, staff has learned that reclaimed water must be used in place of higher quality water sources, unless it is demonstrated that its use is not environmentally, economically or technically feasible. 

A response letter sent to SFWMD on December 10 challenging the quality of reclaimed water and the economic feasibility due to the outlay of funds by the Village was not “warmly embraced” by the District, however, according to Knight. 

Several water source options to supply irrigation to the NPBCC have been explored by staff and the Village Engineer (SFRN), advised Knight.  “However, the utilization of reclaimed water appears to be the most viable choice, chiefly because reclaimed water would not be impacted by the imposed mandatory water restrictions which have been felt here in South Florida over this past year,” he noted.

Council members agreed by consensus to continue attempts to challenge the SFWMD ruling, but still approved the agreement for gray water from SUA in order to protect the Village’s $5 million asset at the NPBCC. 

According to the agreement, Seacoast will deliver, (upon demand) a maximum of 300,000 gallons of reclaimed water per day for irrigation, at a current cost of $1,937.40 per month, plus an additional .25 per 1,000 gallons delivered as needed.

In other action, Council:

·         Unanimously adopted a resolution approving an Interlocal Agreement with the Solid Waste Authority of Palm Beach County for delivery of designated facilities and for a municipal recycling program.

·         Unanimously adopted a resolution approving a long range strategic plan for the Village Library and authorizing the filing of supplemental documents in support of the Village’s State Aid to Libraries Grant application.

·         Unanimously adopted a resolution approving an emergency repair contract award to D.S. Eakins Construction Corporation for repair of a storm drain pipe on Eastwind Drive, in an amount not to exceed $16,200.

·         Unanimously adopted a resolution supporting Resolution 2007-12 of the Florida League of Cities, which urges citizens to consider the consequences of the proposed constitutional amendment concerning property taxes.

·         Unanimously approved first reading of an ordinance amending the code section entitled, “Boats, Docks and Waterways” to allow floating docks in Lake Worth and the Atlantic Ocean.

·         Unanimously approved first reading of an ordinance amending the code section entitled, “Elections”, to remove superseded language and otherwise conform to state law.

·         Unanimously approved an application for Similar Uses Special Permit to allow Scott G. Duff, DMD to operate a dental assistant school at 712 US Highway One, conditioned upon a maximum occupancy of 14 people and in accordance with Village policy.

·         Unanimously approved and enacted second reading of an ordinance amending the code section entitled, “Pensions and Certain Other Benefits for General Employees” to authorize early retirement for terminated vested participants. 

·         Unanimously approved and enacted second reading of an ordinance amending the code section entitled “Buildings and Building Regulations” by increasing the maximum height of flag poles and maximum size of flags within specified zoning districts and providing for non-conforming status. 

The new language states the maximum height of a flag pole within the R-1 single family dwelling district and the R-2 multiple family dwelling district shall be 20 feet; and the maximum height of a flag pole within the R-3 apartment dwelling district and all non-residential zoning districts shall be 35 feet.

NORTH PALM BEACH COUNCIL MEETING 12/13/07

Village adopts ‘Notice of Intent’ to proceed with special assessments for residents

Council says if State forces their hand with property tax reform measures, citizens may have to pay for Fire Protection, Solid Waste services

By Denise Jaegers

WeekDay Staff Writer

Village Council members unanimously adopted two resolutions Thursday, to use the uniform method of collecting non-Ad Valorem special assessments levied within the incorporated area of North Palm Beach for fire protection and solid waste services.  

Village Manager Jimmy Knight advised this was just a preliminary step to proceed with the development of these programs, which requires a “Notice of Intent” as one of the legal prerequisites. 

Staff is hoping the State will not force them to resort to special assessments.  If the proposed tax reform measures are enacted, however, the Village will need to seek other revenue alternatives in order to maintain the existing level of services provided to Village residents, stated Knight in his memo to Council. 

Resident Kim Pollard asked the Council if any actual numbers had been assigned to the fees, and if the residents would have a chance to protest the special assessments before they were enacted.  Both the Village Manager and Village Attorney advised there would be plenty of opportunity for the residents to give their input, should the Village opt to proceed with the special assessments. 

“This is not a ‘fait accompli’,” stated Village Attorney Leonard Rubin.  “It’s not a done deal, just a precautionary move,” added Vice Mayor William Manuel. 

Another controversial action unanimously approved and enacted was second reading of the ordinance restricting overnight parking of specified vehicles in residential zoning districts.  This convoluted ordinance includes commercial and recreational vehicles, such as “swamp buggies”.

Resident Donna Kramer stood up to tell Council she feels this ordinance is “unconstitutional” – prohibiting the “working man” from parking his work vehicle in his own driveway.  Council advised one solution would be to park the work vehicle in the garage, so it can’t be seen from the street. 

Councilman Darryl Aubrey voted in favor of the ordinance, even though he’s “been unhappy with it since the beginning,” and believes “it’s going to have to be revisited in six months.”

In other action, Council:

·         Unanimously approved and enacted second reading of an ordinance rezoning a 1.2 acre parcel of land located at 872 US Highway One on the east side of US Highway One, south of Yacht Club Drive from C-A Commercial Zoning District to C-1A Limited Commercial Zoning District.

·         Unanimously approved and enacted second reading of an ordinance providing for the creation of a Golf Advisory Board and dissolving the Country Club Advisory Board.

·         Unanimously approved and enacted second reading of an ordinance increasing the annual commercial use property waste disposal fees to reflect increased rates established by the Palm Beach County Solid Waste Authority.  

·         Unanimously approved first reading of an ordinance increasing the maximum height of flag poles and maximum size of flags within specified zoning districts and providing for non-conforming status.

·         Unanimously approved first reading of an ordinance authorizing early retirement for terminated vested participants in the General Employees Pension Plan.

·         Unanimously adopted a resolution establishing the duties of the new Golf Advisory Board.

·         Unanimously adopted a resolution approving an amendment to the Agreement for Consultant Services with TBE Group, Inc., extending the term and authorizing expanded services for Anchorage Park redevelopment project Phase I at a cost not to exceed $136,800.

·         Unanimously adopted a resolution accepting the proposal of Total Maintenance Building Services, Inc., for mowing and landscape maintenance of Village properties and authorizing execution of an agreement.

·         Unanimously adopted a resolution approving the purchase of one Freightliner M2 garbage truck in the amount of $134,998 for Public Works; and declaring an existing garbage truck as surplus, authorizing its disposal.

·         Unanimously adopted a resolution approving the purchase of one Dodge Durango in the amount of $19,046 for Public Works; and declaring one Chevrolet Blazer as surplus, authorizing its disposal.

·         Unanimously adopted a resolution approving the purchase of one Dodge Durango and two Chevrolet Colorado pickup trucks in an amount not to exceed $49,512 for the Building Department; and declaring one Chevrolet Blazer and two Chevrolet S10 pickup trucks as surplus, authorizing their disposal. 

·         Unanimously adopted resolution approving the purchase of one Chevrolet Colorado pickup truck in an amount not to exceed $15,483 for Code Enforcement; and declaring one Chevrolet S10 pickup truck as surplus, authorizing its disposal. 

·         Unanimously adopted a resolution amending the Fiscal Year 2007-2008 Budget to identify the receipt of County EMS grant funds, and approving the purchase of EMS training aids.

·         Unanimously authorized final payment to Palm Beach Marine in the amount of $61,473.25 for replacement of the Anchorage Park seawall, in accordance with Village policy.

·         Unanimously authorized final payment to Charles S. Whiteside, Inc., in the amount of $158,264 for golf cart pathway construction at the NPBCC, in accordance with Village policy.

·   Was advised by the Village Manager that the South Florida Water Management District (SFWMD) announced Thursday that tighter water restrictions would go into effect on January 15, 2008, including mandatory reduction of golf course watering by 45% for at least one year. 

NORTH PALM BEACH COUNCIL MEETING 11/7/07

New ordinance restricts Commercial Vehicle parking in residential neighborhoods

Revised code prohibiting overnight parking described as an ‘enforcement nightmare’ by Councilman Aubrey

By Denise Jaegers

WeekDay Staff Writer

Village Council members debated one agenda item for nearly 45 minutes during Wednesday’s special North Palm Beach Council meeting, before finally approving first reading, with considerable revisions. 

Councilman T.R. Hernacki had a lot of concerns regarding the new ordinance restricting overnight parking of commercial vehicles in residential zoning districts, even though he was the one who initially requested the code be rewritten regarding this issue on June 14.

Since Hernacki’s request, the subject has been workshopped several times, and finally went to the Planning Commission on October 2.  The Board subsequently made extensive language recommendations. 

The new ordinance prohibits overnight parking of the following commercial vehicles within the residential district of the Village: tractor trailers and semi-tractor trucks; tow trucks, wreckers or flat bed vehicle carriers; commercial buses, school buses or vans accommodating over 16 passengers; dump trucks; construction equipment vehicles; step vans and panel trucks for the commercial sale of food and beverages; more than one taxi or car service vehicle; stretch limousines; boom or bucket trucks; swamp buggies and half-tracks; and any vehicle that exceeds the roof height of the principle building on the lot. 

The rest of the ordinance was so convoluted; Councilman Darryl Aubrey described it as, “unduly complicated”, and “an enforcement nightmare.  We made a mountain out of a molehill,” he added. 

The council agreed to extend the date for violators to come into compliance to 180 days (six months), once the ordinance goes into effect after second reading.  They also conceded any vehicles in violation that were concealed in back yards and garages, and not visible from the street, would be allowed to stay.  In addition, if a cover that fits the vehicle is used, that resident will not be in violation. 

In other action, the Council:

·               Unanimously approved first reading of an ordinance rezoning a 1.2 acre parcel of land located at 872 US Highway One on the east side of US One, south of Yacht Club Drive from C-A Commercial Zoning District to C-1A Limited Commercial Zoning District.

·               Unanimously approved first reading of an ordinance providing for the creation of a Golf Committee and dissolving the Country Club Advisory Board. 

·               Unanimously approved first reading of an ordinance to increase the annual commercial use property waste disposal fees to reflect increased rates established by the Palm Beach County Solid Waste Authority.

·               Unanimously adopted a resolution approving an amendment to extend the Professional Service Agreement with Michael Redd & Associates for construction administration services, related to Phase II of the Northlake Boulevard Streetscape Project. 

·               Unanimously adopted a resolution authorizing an amendment to the Fiscal Year 2006-2007 General Fund Budget to transfer and reallocate funds among various departments.

·               Unanimously adopted a resolution authorizing and directing payment of $59,491.69 to the Police and Fire Pension Plan to fund the Village’s required contribution for Fiscal Year 2006-2007.