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04-12-2007 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • APRIL 12, 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 Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Jimmy Knight, Public Safety Director ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. • AWARDS AND RECOGNITION Mayor Eissey proclaimed April 27, 2007 as Arbor Day in the Village of North Palm Beach and announced that a tree will be planted at Lakeside Park on April 27th at 10:00 a.m. in celebration of Arbor Day. APPROVAL OF MINUTES The minutes of the Special Session held 3/21/07 and the minutes of the Regular Session held 3/22/07 were approved as written. VILLAGE MANAGER CANDIDATE SELECTION At this time, Mayor Eissey moved item 6.E.11 (motion to select five finalists plus one alternate for the position of Village Manager) forward on the agenda. Vice Mayor Manuel moved to ask Chief Knight to reconsider his previous statement and take the position of Village Manager. President Pro Tem Norris seconded the motion, which passed unanimously. Chief Knight agreed to discuss what would be in the best interest of the Village and the Public Safety Department. Vice Mayor Manuel moved that President Pro Tem Norris and Village Attorney Len Rubin negotiate a • contract with Chief Knight. President Pro Tem Norris seconded the motion, which passed unanimously. Executive Recruitment Consultant Colin Baenziger noted that his proposal included help with contract negotiation and offered to provide a draft contract, as well as his assistance. MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 BILL 1232 -CODE AMENDMENT --AUDIT COMIVIITTEE - ENACTED AS ORDINANCE 2007-10 Vice Mayor Manuel moved that Bi111232 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III, "ADMINISTRATIVE CODE," DIVISION 2, "AUDIT COMMITTEE," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-52, "COMPOSITION; TERMS; VACANCIES," AND SECTION 2-54, "DUTIES," TO INCLUDE ONLY VILLAGE RESIDENTS AND AUTHORIZE ADDITIONAL DUTIES AS DIRECTED BY THE VILLAGE COUNCIL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be placed on second reading and read by title alone. President Pro Tem Norris seconded the motion. Mayor Eissey opened the public hearing. With no comments from the public, Mayor Eissey closed the public hearing. A suggestion was made to change the composition of the committee by changing alternate member positions to regular member positions. Village Attorney Len Rubin advised that if Council wished to revise the ordinance in this regard, it would have to come back to the next meeting. Upon further discussion, it was agreed that Council will consider the proposal to change all alternate positions on Village Boards to regular positions at a future workshop session. Thereafter, the motion for second reading passed unanimously. Vice Mayor Manuel moved to enact Bill 1232 as Ordinance 2007-10. President Pro Tem Norris seconded the motion, and all present voted aye. • AUDIT COMMITTEE ANNUAL REPORT Audit Committee Chairman Tom Magill presented the annual report of the Audit Committee, as required by Village Code. BILL 1233 -LIBRARY POSITION RECLASSIFICATION -PLACED ON FIRST READING Vice Mayor Manuel moved that Bill 1233 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE FY 2006/07 COMPREHENSIVE PAY AND CLASSIFICATION PLAN AS ADOPTED IN THE VILLAGE BUDGET TO RECLASSIFY ONE LIBRARY POSITION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Norris seconded the motion and all present voted aye. CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. Vice Mayor Manuel seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Planning Commission meeting held 2/6/07 Receive Minutes of General Employees Pension Board meeting held 2/14/07 Receive Minutes of Code Enforcement Board meeting held 3/5/07 Receive Minutes of Planning Commission meeting held 3/6/07 Receive Minutes of Audit Committee meeting held 3/12/07 2 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 RESOLUTION 2007-43 ADOPTED -GOLF SHOP FIXTURES PURCHASE President Pro Tem Norris moved that Resolution 2007-43 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF GOLF SHOP FIXTURES FROM HERITAGE CREATIONS FOR $7,000.00, INCLUDING INSTALLATION, PAYABLE FROM THE COUNTRY CLUB CONTINGENCY ACCOUNT (ACCOUNT # L8070-49910); AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion. Chief Knight reported that the Country Club Advisory Board considered this item again at its April meeting, but failed to make a recommendation with regard to this purchase. Discussion ensued on the previous 4 -1 vote of the Country Club Advisory Board at its February meeting to approve the purchase. Discussion took place concerning the Country Club budget. Discussion ensued with Brian Idle of Peacock and Lewis regarding future availability of similar fixtures, if this purchase was postponed. Thereafter the motion to adopt Resolution 2007-43 passed 4 - 1, with President Pro Tem Norris, Councilman Hernacki, Councilman Aubrey, and Mayor Eissey voting in favor, and Vice Mayor Manuel opposed. RESOLUTION 2007-44 ADOPTED -OPPOSING HB529 "CONSUMER CHOICE ACT OF 2007" Councilman Aubrey moved that Resolution 2007-44 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING ITS OPPOSITION TO HOUSE BILL 529 ("CONSUMER CHOICE ACT OF 2007") AND `URGING THE GOVERNOR, MEMBERS OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, PALM BEACH COUNTY MUNICIPALITIES, THE FLORIDA LEAGUE OF CITIES, THE PALM BEACH COUNTY LEAGUE OF CITIES AND THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS TO OPPOSE ITS ENACTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. be adopted. President Pro Tem Norris seconded the motion. Vice Mayor Manuel explained that Council opposes House Bi11529 due to its impact on the collection of franchise fees for cable and video, which could result in a loss of $756,000 in revenue to the Village. Thereafter, the motion passed unanimously. RESOLUTION 2007-45 ADOPTED - BUTTONWOOD ROAD DRAINAGE PROJECT CONTRACT AWARD President Pro Tem Norris moved that Resolution 2007-45 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION CORPORATION TO PROCEED WITH THE REPAIRS OF THE BUTTONWOOD DRAINAGE PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. be adopted. Vice Mayor Manuel seconded the motion. MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 During discussion, it was requested that when funding is from the unreserved, unrestricted account, • Council be provided with the cumulative, year-to-date balance of that account. By consensus, Council amended the motion to include the following requirements with regard to the contract: warranty clause, ten percent retainage, and submittal of AIA draw request form with invoices for payment. Thereafter the motion to adopt Resolution 2007-45 passed unanimously. RESOLUTION 2007-46 -CONCRETE INSTALLATION CONTRACT AWARD Vice Mayor Manuel moved that Resolution 2007-46 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE INSTALLATION OF CONCRETE DRIVE ON THE GROUNDS OF THE PUBLIC WORKS FACILITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion, and all present voted aye. RESOLUTION 2007-47 -BID AWARD FOR VILLAGE HALL LANDSCAPING Vice Mayor Manuel moved that Resolution 2007-47 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY PLANT HAVEN LANDSCAPE, INC. FOR SUPPLYING AND INSTALLING LANDSCAPING AT VILLAGE HALL AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. be adopted. Councilman Aubrey seconded the motion. It was requested that the bid proposal of the recommended firm be included with the agenda backup. Thereafter, the motion to adopt Resolution 2007-47 passed unanimously. RESOLUTION 2007-48 -VILLAGE HALL LIGHTING BID AWARD Vice Mayor Manuel moved that Resolution 2007-48 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY KASPER ELECTRICAL FOR SUPPLYING AND INSTALLING LIGHTING FIXTURES AT VILLAGE HALL 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. Discussion took place concerning the number light fixtures. Community Development Director Charles Cangianelli advised that due to the cost of the fixtures, the number was reduced, however, the electrical installation will allow for expansion, if funding for additional fixtures is allocated in the future. 4 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 Discussion was held regarding compliance with the Village's security lighting code. Mr. Cangianelli advised that if the layout of the parking lot on the south end of the building is changed, it will require • an additional light. Mr. Cangianelli noted that this is strictly landscape and sidewalk lighting that was to have been completed when the Village Hall was renovated. Discussion ensued on the style of light fixture. Mr. Cangianelli reported that these are the light fixtures specified by the architect, and are the same as the fixtures at the Public Safety Facility. President Pro Tem Norris moved to amend the motion to stipulate that the order for the lighting fixtures will be postponed until staff provides additional choices for the Council's selection. Vice Mayor Manuel seconded the motion, which passed unanimously. Councilman Hernacki moved to amend the motion to include the following requirements with regard to the contract: warranty clause, ten percent retainage, and submittal of AIA draw request form with invoices for payment. President Pro Tem Norris seconded the motion and all present voted aye. Thereafter the motion to adopt Resolution 2007-48 passed unanimously. RESOLUTION 2007-49 ADOPTED -APPOINTING VOTING DELEGATES TO PALM BEACH COUNTY LEAGUE OF CITIES Vice Mayor Manuel moved that Resolution 2007-49 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A VOTING DELEGATE AND ALTERNATE VOTING DELEGATES • TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Vice Mayor Manuel volunteered to serve as the Village's voting representative to the Palm Beach County League of Cities. Thereafter, the motion passed unanimously. RESOLUTION 2007-50 ADOPTED -BUDGET AMENDMENT -NORTH SUBSTATION Vice Mayor Manuel moved that Resolution 2007-50 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 2006-07 BUDGET FOR THE PURPOSE OF TRANSFERRING $99,000.00 FROM THE UNAPPROPRIATED AND UNDESIGNATED FUND BALANCE TO THE CAPITAL PROJECT FUND NORTH SUB STATION ACCOUNT TO FUND THE PROFESSIONAL ARCHITECTURAUENGINEERING SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Discussion ensued on the North Substation and the automatic aid agreement with Palm Beach Gardens and Palm Beach County. • Brief discussion took place concerning the timeframe for repairs to the Parker Bridge. Chief Knight reported that the Department of Transportation stated that repairs are not scheduled for Parker Bridge. Thereafter, the motion to adopt Resolution 2007-50 passed unanimously. 5 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 ALTERNATIVE IRRIGATION SUPPLY • Vice Mayor Manuel moved to authorize application to Seacoast Utility Authority to supply reclaimed water for use as an alternative irrigation supply for the golf course and other public areas; requesting a guaranteed 300,000 gallons per day at a cost of $1,950 per month, plus an additiona125 cents per 1,000 gallons delivered. Councilman Aubrey seconded the motion. Discussion ensued on the cost to connect to Seacoast Utility Authority's lines. Community Development Director Charles Cangianelli reported that upon receipt of the permit from Seacoast, this item will come back to the Council for approval of the necessary work. Discussion took place on the volume of water requested and the ratio used for the Country Club and medians and parks. Thereafter, the motion passed unanimously. PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT COMPLETION Discussion was held concerning quotations for landscaping materials and services to complete the Prosperity Farms Road Beautification Project as required under the Grant Agreement with Palm Beach County. Public Works Director Wiley Livingston reviewed details of the proposals, and noted that the lowest proposal did not include soil preparation and fertilizer. Mr. Livingston advised that the original • contractor for the Northlake Boulevard Streetscape Project did not provide soil preparation and fertilizer, and it has since been deemed a necessity. Mr. Livingston reported that Delray Garden Center completed the Northlake Boulevard Streetscape Project Phase 1 landscaping, and the trees they provided were superior to the ones supplied by the original contractor. Commissioner Karen Marcus was present to discuss the completion of the beautification project, and noted that she has worked with Delray Garden Center on county projects and has found that the plant material is always excellent. Commissioner Marcus committed to pay $8,067, which is the difference between what is left in the original contract and the proposal from Delray Garden Center. President Pro Tem Norris moved to accept the proposal of Delray Garden Center and the offer of Commissioner Marcus to fund the difference. Vice Mayor Manuel seconded the motion and all present voted aye. VILLAGE COUNCIL COMMITTEE APPOINTMENTS By consensus, the Village Council appointed councilmen to serve on certain committees, as follows: Councilman Aubrey, North County Intergovernmental Committee Vice Mayor Manuel, regular; Councilman Hernacki, alternate, Northlake Boulevard Task Force Councilman Hernacki, Palm Beach County Multi-Jurisdictional Issues Coordination Forum Brief discussion took place concerning code violations for dead grass. Community Development • Director Charles Cangianelli noted that cases pending before the Code Enforcement Board were cited in January. 6 MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD APRIL 12, 2007 VILLAGE MANAGER MATTERS • Chief Knight reported that the independent audit of purchasing procedures has begun. Chief Knight advised that installation of streetlights on U.S. Highway 1 is finally underway. Chief Knight and Country Club Director Mickey Neal reviewed a proposal to approve a limited number of summer golf memberships, which would be available to residents only, for the period between May 15 and September 30. The Council requested more information from staff before making a decision on whether to approve summer memberships. Council consensus was to have staff call those residents on the waiting list and discern if there is interest in this proposal. Discussion ensued on limiting weekend play for summer members to afternoons, and establishing that tee times could be requested a maximum of five days in advance. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:45 p.m. ,,,-- Melissa Teal, CMC, Village Clerk • • 7