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12-13-2007 VC REG-M J • MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 13, 2007 Present: Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Darryl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Eissey presented a plaque to Richazd Dwyer in recognition of his service on the Waterways Board. Mayor Eissey presented a Certificate of Completion awarded by the Florida League of Cities to Councilman Aubrey for completing the 2007 Institute for Elected Municipal Officials. APPROVAL OF MINUTES The minutes ofthe Special Session held 11/07/07 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2007-18 -REZONING 872 U.S. HIGHWAY 1 Vice Mayor Manuel moved that Ordinance 2007-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 1.2 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-A COMMERCIAL ZONING DISTRICT TO THE C-lA LIMITED COMMERCIAL ZONING DISTRICT AT THE REQUEST OF THE PROPERTY OWNER; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Hernacki seconded the motion. Mayor Eissey opened the public hearing. There were no comments from the public. Mayor Eissey closed the public hearing. Minutes of Village Council Regular Session held December 13, 2007 Page 2 of 12 Discussion took place concerning submittal of a revised comprehensive plan to the State. • Village Planner Jodi Nentwick advised that staff is working on the recommendations in the Evaluation and Appraisal Report, the first part of which was the U.S. Highway 1 Corridor Study. The remaining items will be transmitted to the State as part of a lazge-scale amendment to the Village's Comprehensive Plan. Thereafter, the motion to adopt and enact Ordinance 2007-18 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2007-19 -COMMERCIAL VEHICLE PARKING IN RESIDENTIAL NEIGHBORHOOD Vice Mayor Manuel moved that Ordinance 2007-19 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34, "PARKING RESTRICTED," TO REFERENCE PAYLOAD OR CARRYING CAPACITY AND PROVIDE RESTRICTIONS FOR THE OVERNIGHT PARKING OF SPECIFIED VEHICLES IN RESIDENTIAL ZONING DISTRICTS; AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-173 TO PROVIDE FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted and enacted on second reading. President Pro Tem Norris seconded the motion. Mayor Eissey opened the public heazing Donna Kramer, 716 Lighthouse Drive, expressed opposition to the proposed ordinance. Mrs. Kramer stated the proposed changes are unfair, as this has been a workingman's neighborhood since the 1950's, and she feels the ordinance will not allow residents to pazk their vehicles in their own private driveways. Mrs. Kramer questioned who requested this code change, and why this has become an issue, when it has never been one before. Village Manager Jimmy Knight gave a brief history of this issue. In response to questions from Mrs. Kramer, Village Attorney Len Rubin referred to the authority granted the Village under Chapter 166 Florida Statutes, the Municipal Home Rule Powers Act, and noted that filing a lawsuit is the mechanism used to challenge the ordinance. Mayor Eissey noted for the record that he received a letter from Alan Gold, which stated in part his "full support of the proposed ordinance to prohibit commercial vehicles from parking overnight in the Village of North Palm Beach." Leonard Laurro, 504 Gulf Road, asked if vehicles maybe pazked in the gazage. Steve Walter, 436 Gulf Road, stated that he was not awaze of the specifics of the ordinance, and • asked what is the definition of a commercial vehicle -whether it is one with or without lettering. Mr. Rubin gave a brief overview of the ordinance. Mayor Eissey closed the public hearing Minutes of Village Council Regular Session held December 13, 2007 Page 3 of 12 It was noted that proposed ordinances and agenda backup aze listed on the website. • Discussion took place concerning tow trucks with regard to the effect on emergency response. Mr. Knight advised that contracts with tow companies specify response times, and tow trucks have not been deemed to be emergency vehicles. Brief discussion ensued regazding swamp buggies and half-tracks, which could be considered recreational vehicles, and tandem wheel pick up trucks, which meet the one-ton model rating and are used to pull boat trailers. Discussion was held on sections (d) and (e) regazding the allowable time for parking. Mr. Rubin advised that the change to section (d) is to clazify what was already in effect, and (e) specifies vehicles that may not be parked overnight in a residential district. Mr. Rubin noted that some of the specified vehicles will be used during the day to provide services to residents. Discussion ensued on pazking in an enclosed gazage. Mr. Rubin advised that there is no exception for the prohibited vehicles listed in section (e) if they are parked in a garage. Vice Mayor Manuel moved to amend Ordinance 2007-19 to add the language `finless pazked within a fully enclosed garage" to section (e). Councilman Hernacki seconded the motion, which passed unanhmously. Brief discussion took place concerning allowing pazking of rescue vehicles Councilman Hernacki moved to amend Ordinance 2007-19 to delete vehicles listed in subsections (11) and (12) to allow those vehicles to be pazked in the backyard. The motion died for lack of a second. • Thereafter, the motion to adopt and enact Ordinance 2007-19 as amended on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2007-20 -GOLF COMMITTEE President Pro Tem Norris moved that Ordinance 2007-20 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING ARTICLE II, "ADVISORY BOARD," OF CHAPTER 9, "COUNTRY CLUB," OF THE VILLAGE CODE OF ORDINANCES AND DISSOLVING THE COUNTRY CLUB ADVISORY BOARD; ENACTING A NEW ARTICLE II OF CHAPTER 9 ENTITLED "GOLF COMMITTEE;" PROVIDING FOR THE CREATION, MEMBERSHIP, TERMS, MEETINGS AND DUTIES OF THE GOLF COMMITTEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Vice Mayor Manuel seconded the motion Mayor Eissey opened the public hearing. Jim Bender, 413 Inlet Road, noted the previously scheduled Country Club Advisory Boazd meeting on 1/14/08, and asked whether a new committee will be selected by that date. • Additionally, Mr. Bender questioned whether gray water will be available for irrigating the golf course prior to the imposition of new watering restrictions. Mr. Knight noted that the Council needs to meet and select members for the new boazd, which will probably not happen before 1/14/08. Mr. Knight will address gray water during the Village Manager Matters portion ofthe agenda. Minutes of Village Council Regular Session held December 13, 2007 Page 4 of 12 It was clarified that any members of the Country Club Advisory Board may apply for the new board. • It was noted that enactment of Ordinance 2007-20 dissolves the Country Club Advisory Boazd, Discussion took place concerning the name of the new boazd. It was suggested that the ordinance be revised to change the name from "Golf Committee" to "Golf Advisory Boazd." Consensus of Council was to title this board as the "Golf Advisory Boazd." Discussion took place concerning Country Club rules with regazd to member disputes. It was clarified that the golf pro will settle disputes. Thereafter, the motion to adopt and enact Ordinance 2007-20 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2007-21 -COMMERCIAL WASTE DISPOSAL FEES Vice Mayor Manuel moved that Ordinance 2007-21 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY • AMENDING SECTION 14-3Q "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES" TO INCREASE THE ANNUAL DISPOSAL FEE AS ADOPTED BY THE SOLID WASTE AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Hernacki seconded the motion Mayor Eissey opened the public heazing. There were no comments from the public. Mayor Eissey closed the public heazing. Thereafter, the motion to adopt Ordinance 2007-21 on first reading passed unanimously. FIRST READING OF ORDINANCE 2007-22 -CODE AMENDMENT -FLAG POLE HEIGHTS Councilman Aubrey moved that Ordinance 2007-22 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 6-115 TO INCREASE THE MAXIMUM HEIGHT OF FLAG POLES WITHIN SPECIFIED ZONING DISTRICTS AND THE MAXIMUM SIZE OF FLAGS; PROVIDING FOR NON-CONFORMING STATUS; • PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Manuel seconded the motion. therefore there would not be a meeting on 1/14/08 Mayor Eissey closed the public heazing. Minutes of Village Council Regular Session held December 13, 2007 Page 5 of 12 Mr. Rubin clazified that any flagpoles exceeding 20 feet as of this date are considered non- • conforming structures. Thereafter, the motion to adopt Ordinance 2007-22 on first reading passed unanimously. Discussion ensued on placing this item on the Planning Commission's January agenda. By consensus, the Council approved sending this issue to the Planning Commission as an informational item. FIRST READING OF ORDINANCE 2007-23 -CODE AMENDMENT -GENERAL EMPLOYEES PENSION PLAN Vice Mayor Manuel moved that Ordinance 2007-23 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 3, "PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-148 TO AUTHORIZE EARLY RETIREMENT FOR TERMINATED VESTED PARTICIPANTS AND TO CORRECT AND CLARIFY EXISTING LANGUAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Aubrey seconded the motion. • Discussion ensued on the meaning ofthe phrase "fmal average earnings" in sections (b) and (c). Human Resources Director Mary Kay McGann advised that this is defined elsewhere in the Code as the best of the last 60 months of employment. Discussion took place on the meaning of "members credited service." Mr. Rubin read the definition from the Code of Ordinances. Thereafter, the motion to adopt Ordinance 2007-23 on first reading passed unanimously. RESOLUTION 2007-106 ADOPTED -NON-AD VALOREM SPECIAL ASSESSMENT FOR FIRE PROTECTION SERVICES Vice Mayor Manuel moved that Resolution 2007-106 entitled A RESOLUTION OF VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE VILLAGE FOR FIRE PROTECTION SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion • Mr. Knight reported that non-ad valorem special assessments aze revenue sources not related to property tax or the value of property. Mr. Knight explained that by statute, if Council intends to explore the idea of special assessments, it must provide notice of intent before January 29th. Mr. Knight advised that this does not obligate the Village to proceed with non-ad valorem special assessments, but simply satisfies the legal requirement for notice. Minutes of Village Council Regular Session held December 13, 2007 Page 6 of 12 Mayor Eissey opened the public hearing. • Kim Pollard, 712 Huckleberry Road, asked if there are associated fees at this time, and whether residents will have the opportunity to comment further on this issue before a final decision is made on imposing special assessments. Mr. Knight noted that statutory requirements include a completing a study which must be forwazded to the State. Mr. Rubin advised that after the study is completed, an assessment roll must be certified by Council, which requires public notice as well as public heazings. Mayor Eissey closed the public heazing. Discussion ensued on section 2 of the Resolution, which gives the appearance that Council intends to move forward with a special assessment. It was noted that this is a precautionary move, should the proposed property tax reforms affect the Village's ability to provide services. Mr. Rubin explained that the resolution is worded to state the Village's intent to collect non-ad valorem special assessments so that the Tax Collector and Property Appraiser may prepaze for that possibility, however, the Council would still have to certify an assessment roll and provide notification to every resident before it would take effect. Thereafter, the motion to adopt Resolution 2007-106 passed unanimously. RESOLUTION 2007-107 ADOPTED -NON-AD VALOREM SPECIAL ASSESSMENT FOR SOLID WASTE SERVICES • Councilman Hernacki moved that Resolution 2007-107 entitled A RESOLUTION OF VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED W[THIN THE INCORPORATED AREA OF THE VILLAGE FOR SOLID WASTE SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Manuel seconded the motion. Mayor Eissey opened the public hearing. There were no comments from the public. Mayor Eissey closed the public hearing. Thereafter, the motion to adopt Resolution 2007-107 passed unanimously. CONSENT AGENDA Vice Mayor Manuel requested that item 7 be removed from the consent agenda. Thereafter, Councilman Hernacki moved to approve the consent agenda. President Pro Tem Norris sewnded the motion, which passed unanimously. The following items were approved: Receive Minutes of Police & Fire Pension Boazd meeting held 8/21/07 . Receive Minutes of Waterways Boazd meeting held 9/18/07 Receive Minutes of Country Club Advisory Board meeting held 10/8/07 Receive Minutes of Librazy Advisory Boazd meeting held 10/23/07 Receive Minutes of Code Enforcement Board meeting held 11/5/07 Minutes of Village Council Regular Session held December 13, 2007 Page 7 of 12 • CONSENT AGENDA continued Receive Minutes of General Employees Pension Board meeting held 11/7/07 Recommendation: "a change in the Ordinance be sent to the Council for consideration to allow early retirement benefits For vested terminated employees, after appropriate penalty, upon attaining the age of 55 years." (Regulaz Agenda #ti.C.6) Receive Minutes of Code Enforcement Boazd meeting held 12/3/07 MINUTES OF RECREATION ADVISORY BOARD MEETING HELD 11/13/07 Discussion took place concerning the recommendation of the Recreation Advisory Boazd "To have the Council look into and fund a study that would address the safety issues/playability in regards to the condition of the soccer/baseball field at St. Claze's. The study/survey would give the Council some direction both physically and fiscally on how to fix the safety/playability problem in the coming years." Parks and Recreation Director Mark Hodgkins reported that the condition ofthe field at St. Claze's is a cause for concern because the field was built on a dump site and the playing surface is not level. Mr. Knight noted there are questions concerning ownership and responsibility, and advised this issue will be brought back to the Council. • President Pro Tem Norris moved to receive the minutes of the Recreation Advisory Board meeting held 11/13/07. Councilman Hernacki seconded the motion, and all present voted aye. RESOLUTION 2007-108 ADOPTED -GOLF COMMITTEE DUTIES Vice Mayor Manuel moved that Resolution 2007-108 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ESTABLISHING THE DUTIES OF THE VILLAGE GOLF COMMITTEE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. Brief discussion took place concerning financial oversight. By Council consensus, the following changes were made: the words `Yesidents" and `Yesident" were added to the Mission Statement in Section 2 and Section 3.1 respectively; item 7., Course and facilities condition, was added to Section 3. Discussion ensued on the Country Club restaurant with regazd to oversight by one of the advisory boazds. Mr. Knight noted that Village Administration monitors the restaurant operation, which is • also controlled through contractual obligations. Thereafter, Resolution 2007-108 was adopted unanimously. Minutes of Village Council Regular Session held December 13, 2007 Page 8 of 12 RESOLUTION 2007-109 ADOPTED -RENEWAL OF AGREEMENT WITH TBE GROUP. INC. • Vice Mayor Manuel moved that Resolution 2007-109 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR CONSULTANT SERVICES WITH TBE GROUP, INC. TO EXTEND THE TERM OF THE AGREEMENT AND TO AUTHORIZE EXPANDED SERVICES TO INCLUDE DESIGN, PERMITTING, BIDDING AND CONSTRUCTION SERVICES FOR PHASE ONE OF THE ANCHORAGE PARK REDEVELOPMENT AT A TOTAL COST NOT TO EXCEED $136,800; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion Discussion ensued on Exhibit "A", Engineering Services Proposal, page 4, with regard to documents specified as part of the "Civil Engineering Construction Document Set." Steve Howarth, Vice President, TBE Group, Inc. confirmed that the Site Plan will be a complete set, regazdless of the number of pages. Mr. Howarth also confirmed that the Planning Commission will be included in one ofthe four "Client Coordination Meetings." Discussion took place concerning azchitectural design services, which are not included. It was noted that pre-fabricated gazebo and restroom structures are anticipated. Mr. Howarth advised that if the Village selected a gazebo or restroom that could not be built from a prefabricated type • structure and an azchitect was needed, that would not be included in the Swpe of Services. Discussion ensued on grant funds. Mr. Hodgkins reported that grant agreements provide that 15% of the total project cost may be used for design work. Mr. Knight advised that $136,800 does not reach 15% of the total project costs, and confirmed that the Village is reimbursed for its expenditures through grant funds. Brief discussion ensued on the issue of State Business Administration (SBA) and its freezing of funds in the Local Government Investment Pool. While Mr. Knight recommended delaying certain capital purchases until all SBA funds are available, it is not recommended that expenditures for the Anchorage Park project be deferred, due to grant deadlines. Mr. Howarth advised that this will complete design of the entire southeast quadrant of the park, minus the Recreation Building and tennis courts. Mr. Howarth noted that the two main remaining elements aze the mazina and dry boat storage. Thereafter, the motion to adopt Resolution 2007-109 passed unanimously. RESOLUTION 2007-110 ADOPTED -MOWING AND LANDSCAPE MAINTENANCE AGREEMENT Vice Mayor Manuel moved that Resolution 2007-110 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY TOTAL • MAINTENANCE BUILDING SERVICES, INC. FOR MOWING AND LANDSCAPE MAINTENANCE OF VILLAGE PROPERTIES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Minutes of Village Council Regular Session held December 13, 2007 Page 9 of 12 Mr. Knight reported that sealed proposals for mowing and landscape maintenance were received • 11/28/07 and evaluated by staff. Mr. Knight advised that implementing this contract will result in immediate cost savings of $58,000. Mr. Knight noted that landscape maintenance employees in the Street Maintenance Division will be transferred to other areas as vacancies occur, and no employees will lose jobs. An error was noted in Section 6A, Personnel, of the Agreement. The phrase `wvhich may include the hiring of Village employees" will be deleted. Discussion ensued on the following issues: performance bond, background checks, and citizenship status of workers. Mr. Rubin noted that performance bonds are required for construction projects. Public Works Director Wiley Livingston explained the evaluation process, which was based on staffing, experience, and performance. Thereafter, the motion to adopt Resolution 2007-110 passed unanimously. RESOLUTION 2007-111 ADOPTED -PUBLIC WORKS GARBAGE TRUCK PURCHASE Vice Mayor Manuel moved that Resolution 2007-111 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE • FREIGHTLINER M2 WITH NEW WAY, KING COBRA, 25 CUBIC YARD REAR LOADING GARBAGE TRUCK PURSUANT TO THE FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS IN AN AMOUNT NOT TO EXCEED $134,998.00; DECLARING AN EXISTING GARBAGE TRUCK AS SURPLUS AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion Mr. Knight requested Council approval of this purchase and the following vehicle purchases, but advised that purchase of the vehicles will be deferred until the SBA funds are totally released. Thereafter, the motion to adopt Resolution 2007-111 passed unanimously. RESOLUTION 2007-112ADOPTED- PUBLIC WORKS ADMINISTRATION VEHICLE PURCHASE Vice Mayor Manuel moved that Resolution 2007-112 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE DODGE DURANGO SPORT UTILITY VEHICLE PURSUANT TO THE FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS IN AN AMOUNT NOT TO EXCEED $19,046.00; • DECLARING AN EXISTING SPORT UTILITY VEHICLE AS SURPLUS AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held December 13, 2007 Page 10 of 12 RESOLUTION 2007-113 ADOPTED -BUILDING DEPARTMENT VEHICLES PURCHASE • Vice Mayor Manuel moved that Resolution 2007-113 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE DODGE DURANGO SPORT UTILITY VEHICLE AND TWO CHEVROLET COLORADO EXTENDED CAB PICK UP TRUCKS PURSUANT TO THE FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS IN A TOTAL AMOUNT NOT TO EXCEED $49,512.00; DECLARING AN EXISTING SPORT UTILITY VEHICLE AND TWO PICK UP TRUCKS AS SURPLUS AND AUTHORIZING THEIR DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. It was requested that the options being purchased be circled or highlighted in the future. Thereafter, the motion to adopt Resolution 2007-113 passed unanimously. RESOLUTION 2007-114ADOPTED -CODE ENFORCEMENT VEHICLE PURCHASE Vice Mayor Manuel moved that Resolution 2007-114 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE CHEVROLET COLORADO EXTENDED CAB PICK UP TRUCK PURSUANT TO THE FLORIDA SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS IN AN AMOUNT NOT TO EXCEED $15,483.00; DECLARING AN EXISTING PICK UP TRUCK AS SURPLUS AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion and all present voted aye RESOLUTION 2007-115ADOPTED -EMS GRANT BUDGET AMENDMENT AND PURCHASE Vice Mayor Manuel moved that Resolution 2007-115 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE FISCAL YEAR 2007-08 BUDGET FOR THE PURPOSE OF IDENTIFYING THE RECEIPT OF COUNTY EMERGENCY MEDICAL SERVICES ("EMS") GRANT FUNDS AND APPROVING THE PURCHASE OF EMS TRAINING AIDS FROM ARMSTRONG MEDICAL INDUSTRIES, INC. UTILIZING THESE FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris sewnded the motion, which passed unanimously. • ANCHORAGE PARK SEAWALL REPLACEMENT PROJECT CLOSEOUT APPROVED Vice Mayor Manuel moved to authorize final payment to Palm Beach Mazine in the amount of $61,473.25 for replacement ofthe Anchorage Pazk seawall, in acwrdance with Village policy. President Pro Tem Norris seconded the motion Minutes of Village Council Regular Session held December 13, 2007 Page 11 of 12 Discussion ensued on a warranty from Skyline Steel Corp. Mr. Knight reported receipt of a • notarized letter from Palm Beach Mazine stating that the Village will receive the warranty within the next 10 days. Certain warranty requirements were noted, including annual inspection of coating on the panel and touch-up requiring special brushes. Thereafter, the motion to authorize final payment to Palm Beach Mazine passed unanimously. COUNTRY CLUB GOLF CART PATHWAY PROJECT CLOSEOUT APPROVED Vice Mayor Manuel moved to authorize fmal payment to Charles S. Whiteside, Inc. in the amount of $158,264 for golf cart pathway construction at the Country Club, in accordance with Village policy. President Pro Tem Norris seconded the motion. It was confirmed that these funds were moved forwazd from last year's budget. Mr. Knight reported that the Country Club budget paid for supervision performed by Street Maintenance Supervisor Jorge Santos. Thereafter, the motion to authorize final payment to Chazles S. Whiteside, Inc. passed unanimously. COUNCIL MATTERS Mayor Eissey presented a request from the Smoke Free Society Education Corp. for a letter of support. With no monetary contribution required, Council consensus was to approve the request. . Mayor Eissey announced the retirement of Mr. Knight's Executive Secretary, Janet St. Clair. Vice Mayor Manue] requested that Council approve placement on the next agenda of a resolution supporting Florida League of Cities Resolution 2007-12 opposing the proposed property tax constitutional amendment. Council consensus was to approve this request. Mayor Eissey requested approval by Council consensus of a letter supporting the installation of artificial turf at Palm Beach Gardens High School. Council agreed to this request. VILLAGE MANAGER MATTERS Mr. Knight recognized his new assistant, Natalia Toyos-Paulsen. Mr. Knight advised that Council will begin receiving monthly reports on the General Fund and Country Club, which will include a profit and loss column. These will be sent out via email by the 10th of each month. Mr. Knight gave an overview on the financial health of Country Club, including memberships and comparison of rounds played. Mr. Knight informed the Council of emergency repairs needed to correct a sink hole at Eastwind • and Lighthouse Drive. Mr. Knight reported his intention to piggyback an existing Palm Beach County contract, and estimated the cost at $16,000, Mr. Knight noted the need to move forwazd with the emergency repair and advised this will be brought back to the next meeting. Minutes of Village Council Regular Session held December 13, 2007 Page 12 of 12 Mr. Knight gave an overview of the issues regarding the State Board of Administration, and • actions being taken by the Village. Mr. Knight discussed the new water restrictions being imposed by the South Florida Water Management District effective 1/15/08, which will require a 45% reduction in water use by golf courses. Discussion ensued on the cost if we exceed the limit. Mr. Knight reviewed the cost of obtaining gray water from Seacoast Utility Authority and the need to install a line to the retention pond on the 10th hole of the golf course. Mr. Knight announced the unveiling ofthe new Public Safety sign on December 18th at 12:30 p.m ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:53 p.m. Melissa Teal, CMC, Village Clerk ~ • u