10-09-2008 VC REG-MJ
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MINUTES OF TIIE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 9, 2008
Present:
William Manuel, Mayor
David B. Norris, Vice Mayor
Darryl Aubrey, Sc.D. President Pro Tem
Edwazd M. Eissey, Ph.D. Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Lara Donlon, Village Attorney
Melissa Teal, CMC, 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
Councilman Eissey gave the invocation and Vice Mayor Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regulaz Session held 9/25/08 were approved as written.
FII2ST READING OF ORDINANCE 2008-15 -CODE AMENDMENT-NUISANCE ABATEMENT
Councilman Eissey moved that Ordinance 2008-15 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RELATING TO NUISANCE ABATEMENT; REPEALING DIVISION 3,
"ABANDONED, INOPERATIVE AND JUNKED PROPERTY," OF ARTICLE II,
"GARBAGE TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION,"
OF THE VILLAGE CODE OF ORDINANCES; REPEALING ARTICLE IV, "WEEDS AND
BRUSH," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF
ORDINANCES AND REPLACING IT WITH A NEW ARTICLE IV, "ABATEMENT OF
PUBLIC NUISANCES ON PRIVATE PROPERTY;" PROVIDING FOR DEFINITIONS;
DESIGNATING USES AND ACTIVITIES CONSTITUTING A PUBLIC NUISANCE;
PROVIDING FOR NOTICE AND THE RIGHT TO A HEARING; PROVIDING FOR
ABATEMENT; PROVIDING FOR ASSESSMENT OF COSTS AND IMPOSITION OF A
LIEN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted on first reading. Vice Mayor Norris seconded the motion.
Mr. Knight reviewed the proposed nuisance abatement process, including notices and heazings.
In response to Council, Mr. Knight advised that if the respondent does not request a hearing
before the Code Enforcement Boazd, the Village wuld request such a heazing, prior to abating
the nuisance.
Minutes of Village Council Regular Session held 10/09/2008 Page 2 of 5
FIRST READING OF ORDINANCE 2008-15 -CODE AMENDMENT -NUISANCE
ABATEMENT continued
• Discussion ensued on the priority of the lien, if one is imposed. Village Attorney Laza Donlon
advised that the ordinance provides for the same priority as a tax lien.
Discussion was held concerning authorization to cause the nuisance to be abated. Council
consensus was to revise Section 14-81 to specify "the community development director, with
approval ofthe Village Manager, is authorized to cause the nuisance to be abated."
Thereafter, the motion to adopt Ordinance 2008-15 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2008-16 -COMMERCIAL WASTE DISPOSAL FEES
Councilman Eissey moved that Ordinance 2008-16 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND
DISPOSAL," OF ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14,
"HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 14-30, "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 on first reading. President Pro Tem Aubrey seconded the motion and all present
voted aye.
CONSENT AGENDA APPROVED
Councilman Eissey moved to approve the consent agenda. Vice Mayor Norris seconded the
motion and all present voted aye. The following items were approved:
Receive Minutes of Planning Commission Public Heazing held 6/3/08
Receive Minutes of Planning Commission meeting held 6/3/08
Receive Minutes of Planning Commission meeting held 8/5/08
Receive Minutes of Planning Commission meeting held 9/2/08
RESOLUTION 2008-68 ADOPTED -AMENDMENT TO CONSULTANT SERVICES
AGREEMENT WITH TBE GROUP. INC.
Councilman Eissey moved that Resolution 2008-68 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT FOR
CONSULTANT SERVICES WITH TBE GROUP, INC. TO EXTEND THE TERM OF THE
AGREEMENT AND TO AUTHORIZE CONSTRUCTION PHASE SERVICES FOR THE
• ANCHORAGE PARK REDEVELOPMENT PROJECT; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Norris seconded the motion.
Minutes of Village Council Regular Session held 10/09/2008 Page 3 of 5
RESOLUTION 2008-68 ADOPTED -AMENDMENT TO CONSULTANT SERVICES
. AGREEMENT WITH TBE GROUP. INC. continued
Mr. Knight explained that the Amendment extends the term of the Agreement between the
Village and TBE Group, Inc., and provides for limited on-site construction monitoring services
during the demolition of the wastewater treatment facility and construction of Phase 1
improvements to Anchorage Pazk. Mr. Knight reported the Village's gant funding agreements
require the engineer of record (TBE Group, Inc.) to certify the completion of the individual
construction project components, prior to grant funds being released to the Village. Mr. Knight
noted that costs for TBE Gmup Inc. services to-date correspond to approximately 14% of the
overall project costs, and are reimbursable through grant funding.
Discussion took place concerning the services to be provided and cost of such services.
Mr. Knight recapped prior expenditures to TBE Group, including $211,651 for preparation ofthe
Anchorage Park Master Plan (all phases), citizen participation meetings, and testing required by
various regulatory agencies, as well as $136,800 for building documents. Mr. Knight advised the
Village will incur costs in Phases 2 and 3 ofthe project for construction documents. Mr. Knight
confirmed the cost for demolition and construction services is $40,400, which encompasses all
things necessary to complete Phase 1 of the project, such as the dog pazk, volleyball courts,
children's areas, and walking piers.
Discussion ensued on the Amendment and the resolution, with regazd to compensation and
services. Ms. Donlon opined that the Council may approve the resolution with the addition of
• language in Section 2 authorizing demolition and construction phase services, and TBE Group, Inc.
may need to execute a modified Amendment clarifying the services to be provided.
Vice Mayor Norris moved to amend Resolution 2008-69 to add the words "demolition and" in
Section 2. Councilman Eissey seconded the motion, which passed unanimously.
Thereafter, the motion to adopt Resolution 2008-68, as amended, passed unanimously.
RESOLUTION 2008-69 ADOPTED -BILL OF SALE AND EASEMENT DEED TO
SEACOAST UTILITY AUTHORITY
Councilman Eissey moved that Resolution 2008-69 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
A BILL OF SALE AND EASEMENT DEED IN FAVOR OF SEACOAST UTILITY
AUTHORITY RELATING TO THE RECLAIMED WATER SUPPLY FOR IRRIGATION
PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Norris seconded the motion.
Mr. Knight explained that the Village's agreement with Seacoast Utility Authority for use of
. reclaimed water requires the Village to convey to Seacoast all equipment used to deliver and
monitor reclaimed water, and to execute an Easement Deed giving Seacoast access to the
equipment. Mr. Knight detailed the azea of the Country Club referenced in the easement deed.
Thereafter, the motion to adopt Resolution 2008-69 passed unanimously.
Minutes of Village Council Regular Session held 10/09/2008 Page 4 of 5
FINAL CLOSEOUT OF PROSPERITY FARMS ROAD PROJECT APPROVED
• Councilman Eissey moved to authorize final closeout of the Prosperity Farms Road project and
final payment to McCabe Brothers Construction, Inc. in the amount of $5,849 in acwrdance with
Village policies. Vice Mayor Norris seconded the motion.
Mr. Knight reported that the final payment amount of $5,849 will be submitted to Palm Beach
County for reimbursement. Further, Mr. Knight noted that the Village has received
reimbursement from Palm Beach County of all prior expenditures for this project.
Discussion ensued on the length of time it took to close out the final phase of the project. Public
Works Director Wiley Livingston reported that the contract required two rnonths of watering by the
contractor, and Palm Beach County raised an issue regarding line-of--sight with one planting location,
which had to be resolved by the contractor before the County agreed to sign-offon the project.
Thereafter, the motion to approve project closeout and authorize final payment passed unanimously.
FINAL CLOSEOUT OF RECLAIMED WATER PROJECT APPROVED
Councilman Eissey moved to authorize final closeout of the reclaimed water project and final
payments to all applicable vendors in acwrdance with Village policies. President Pro Tem
Aubrey seconded the motion.
Mr. Knight reviewed the cost of the project components and reported the final project cost was
. $220,990.87, a savings of $52,362.06 from the original estimate.
Thereafter, the motion to approve project closeout and authorize final payment passed unanimously.
FINAL CLOSEOUT OF LIGHTHOUSE DRIVE BRIDGE AND MONET ROAD BRIDGE
REPAIR PROJECT
Councilman Eissey moved to authorize final closeout of Phase 1 of the Lighthouse Drive Bridge
and Monet Road Bridge repair project and final payment to C.E.M. Enterprises, Inc. in the
amount of $43,250.05 in accordance with Village policies.
President Pro Tem Aubrey seconded the motion.
Mr. Knight advised that the total project cost was $19,598.30 above the specified "not to exceed"
amount due to the unit pricing of certain materials which could not be quantified until the project
was underway.
Mr. Knight reported that Village Engineer Wantman Group, Inc. is prepazing bid specifications
for Phase 2 ofthe project (Lighthouse Bridge approach slabs) and it is estimated that this portion
will cost approximately $100,000. Mr. Knight discussed the time frame for Phase 2, which will
necessitate closing the bridge. Mr. Knight advised that construction will be postponed until June
• 2009, in order to lessen interference with traffic. Mr. Knight reported that Wantman Group
found there was no risk in postponing the work, as long as there are regulaz safety inspections.
Thereafter, the motion to approve project closeout and authorize final payment passed unanimously.
Minutes of Village Council Regular Session held 10/09/2008 Page 5 of 5
COUNCIL MATTERS
• President Pro Tem Aubrey attended the recent North County Intergovernmental Coimnittee
meeting and reported discussion ofred light cameras on Palm Beach County and municipal roads.
President Pro Tem Aubrey stated that the Department of Transportation will provide a list of the
100 worst intersections in Palm Beach County. President Pro Tem Aubrey requested that Council
re-open the issue ofbenches at bus stops.
VILLAGE MANAGER MATTERS
Mr. Knight reported that the Village has received a Certificate of Excellence in Financial
Reporting from the Government Finance Officers Association (GFOA) which he plans to present
to the Finance Director at the October 23rd Regular Session.
Mr. Knight commended Community Development Director Chuck Huff and Public Works
Director Wiley Livingston for working with the South Florida Water Management District
(SFWMD). Mr. Knight reported that North Palm Beach received afive-yeaz Order from SFWMD,
which allows the Village unlimited use of water from the C-17 canal (Earman River) unless
water levels drop below seven feet.
Mr. Knight announced a Fire Safety Fair to be held Saturday, October 11, 2008 at the Public
Safety Complex.
ADJOURNMENT
• With no further business to come before the ~C/~ou~ncil, the meeting adjourned at 8:55 p.m.
Meli~al, CMC, Village Clerk .,
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