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08-10-2006 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 10, 2006 Present: David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor William Manuel, President Pro Tem Charles R. O'Meilia, Councilman Judy M. Pierman, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Norris 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 Vice Mayor Eissey gave the invocation, and Councilman Pierman led the public in the Pledge of • Allegiance to the Flag. APPROVAL OF MINUTES Minutes of the Interview Meeting held 7/27/06 and Minutes of the Regular Session held 7/27/06 were approved as written. BILL 1207 -FIRE INSPECTION FEE SCHEDULE -ENACTED AS ORDINANCE 2006-13 President Pro Tem Manuel moved that Bi111207 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, FLORIDA FIRE PREVENTION CODE, OF CHAPTER 12, OF THE CODE OF ORDINANCES OF THE VILLAGE BY CREATING SECTION 12-17, FIRE INSPECTION FEE SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman O'Meilia seconded the motion, which passed unanimously. Councilman O'Meilia moved that Bill 1207 be enacted as Ordinance 2006-13. Vice Mayor Eissey seconded the motion and all present voted aye. BILL 1208 -GENERAL EMPLOYEES PENSION BOARD AMENDMENT -ENACTED AS . ORDINANCE 2006-14 Councilman O'Meilia moved that Bill 1208 entitled MINUTES OF REGULAR SESSION HELD AUGUST 10, 2006 AN ORDINANCE OF -THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, AMENDING SECTION 2-151(a), RETIREMENT BOARD, ESTABLISHMENT, OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE MAYOR SHALL BE A VOTING MEMBER OF THE RETIREMENT BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion, which passed 4 - 1, with Councilman O'Meilia, Vice Mayor Eissey, Councilman Pierman, and Mayor Norris voting aye and President Pro Tem Manuel opposed. Councilman O'Meilia moved to enact Bill 1208 as Ordinance 2006-14. Vice Mayor Eissey seconded the motion, which passed 4 - 1, with Councilman O'Meilia, Vice Mayor Eissey, Councilman Pierman, and Mayor Norris voting aye and President Pro Tem Manuel opposed. BILL 1210 -GENERAL FUND AND GRANT FUND BUDGET AMENDMENT -ENACTED AS ORDINANCE 2006-15 Vice Mayor Eissey moved that Bi111210 entitled AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING • THE NORTH PALM BEACH GENERAL FUND AND GRANT FUND BUDGET ORDINANCE 20-2005 FOR THE FISCAL YEAR 2005-2006 TO TRANSFER FUNDS FROM UNRESTRICTED UNRESERVED FUND BALANCE IN THE AMOUNT OF $400,000 TO THE VILLAGE SPECIAL REVENUE GRANT FUND AND TO APPROPRIATE EXPENDITURE OF THESE FUNDS AS GRANT MATCH IN THE AMOUNT OF $400,000 be placed on second reading and read by title alone. President Pro Tem Manuel seconded the motion, which passed unanimously. Councilman O'Meilia moved to enact Bill 1210 as Ordinance 2006-15. Vice Mayor Eissey seconded the motion and all present voted aye. BILL 1209 -EMERGENCY GENERATORS -TABLED TO 8/24/06 Vice Mayor Eissey moved that Bill 1209 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, IN GENERAL, OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING SECTION 45-6 THERETO ENTITLED "EMERGENCY GENERATORS -REQUIRED FOR AUTOMOTIVE SERVICE STATIONS" TO PROVIDE THAT ALL NEWLY CONSTRUCTED AUTOMOBILE SERVICE STATIONS WHICH SELL GASOLINE OR OTHER • PETROLEUM PRODUCTS SHALL HAVE A PERMANENTLY INSTALLED EMERGENCY GENERATOR; PROVIDING THAT EXISTING AUTOMOTIVE SERVICE STATIONS WHICH SELL GASOLINE OR OTHER PETROLEUM PRODUCTS SHALL BE REQUIRED 2 MINUTES OF REGULAR SESSION HELD AUGUST 10, 2006 TO INSTALL PERMANENT EMERGENCY GENERATORS WHENEVER SUCH SERVICE STATION IS REBUILT AFTER BEING DESTROYED TO AN EXTENT OF MORE THAN • FIFTY (50) PERCENT OF ITS ASSESSED VALUE OR WHENEVER A REVISED SITE PLAN FOR SUCH SERVICE STATION IS SUBMITTED FOR APPROVAL WHICH ENLARGES UPON OR ALTERS IN ANY WAY THE ORIGINAL SITE PLAN FOR THAT SERVICE STATION; PROVIDING FOR INSTALLATION OF TRANSFER SWITCHES BY SERVICE STATIONS WITHIN TWO (2) YEARS OF PASSAGE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion. Discussion ensued on the impact of requiring transfer switches within two years at existing service stations. Mr. Bates advised staff has not yet been able to contact our local service stations, as Council had requested. Mr. Bates suggested that Council amend the proposed ordinance to delete the sentence "All others shall have a transfer switch installed within two (2) years of the passage of this Ordinance, to allow for a portable generator to be easily connected to the service station" in Section 1, as well as the reference in the caption. Mr. Bates plans to bring back an amendment to the ordinance, after staff has had time to talk to existing station owners. Councilman O'Meilia moved to amend the ordinance. Vice Mayor Eissey seconded the motion, -which-passed unanimously.- After further discussion,-it-was-determined that staff could contact the property owners before the next Council meeting. Councilman O'Meilia moved to table this item to the next regular meeting. Councilman Pierman seconded the motion, and all present • voted aye. CONSENT AGENDA Vice Mayor Eissey moved to approve the Consent Agenda. Councilman Pierman seconded the motion, and all present voted aye. The following items were approved: Receive minutes of General Employees Pension Board meeting held 6/7/06 Receive minutes of Library Advisory Board meeting held 7/25/06 RESOLUTION 2006-58 ADOPTED -PURCHASING POLICY AMENDMENT Councilman O'Meilia moved to remove from the table a proposed resolution amending the Accounting Policies and Procedures. Vice Mayor Eissey seconded the motion, which passed unanimously. Vice Mayor Eissey moved that Resolution 2006-58 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 1, PAGE 8 OF THE ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL CONTROL RESOLUTION 27-2002 OF THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE . be adopted. Councilman Pierman seconded the motion. 3 MINUTES OF REGULAR SESSION IiELD AUGUST 10, 2006 Councilman O'Meilia moved to amend Section 1, a.2 to read "Must go out on a sealed bid basis unless a bid proposal is approved by vote of Village Council." President Pro Tem Manuel seconded the motion to amend, which passed 4 - 1, with Councilman O'Meilia, President Pro Tem Manuel, Councilman Pierman, and Mayor Norris voting aye, and Vice Mayor Eissey voting nay. Thereafter, the original motion, as amended, passed unanimously. RESOLUTION 2006-59 ADOPTED -CONSULTANT SERVICES AGREEMENT Mr. Bates advised that the total cost listed in the proposed resolution had been incorrectly calculated as $183,311.00 and the correct total cost is $211,651.00. Vice Mayor Eissey moved to amend the resolution to show the total cost of $211,651.00. President Pro Tem Manuel seconded the motion, and all present voted aye. Vice Mayor Eissey moved that Resolution 2006-59 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO DO ALL THINGS NECESSARY TO ENTER INTO AN AGREEMENT FOR CONSULTANT SERVICES WITH TBE GROUP OF WEST PALM BEACH, FLORIDA, FOR ENGINEERING AND DESIGN WORK FOR THE ANCHORAGE PARK IMPROVEMENTS PROJECT AT A TOTAL COSY-NOT_TO_EXCEED $211,651.OOz_AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion. Discussion ensued on the funding source. Mr. Bates advised that a capital account has been established for the FRDAP Grants and Village matching funds, and monies from that account will be used to pay TBE Group. Councilman O'Meilia moved to amend the resolution to specify the account number. Vice Mayor Eissey seconded the motion, which passed unanimously. Discussion took place on review of the agreement by the Recreation Advisory Board and Waterways Board. Recreation Director Mark Hodgkins reported that the Waterways Board has not reviewed it. Mr. Hodgkins advised that the Recreation Advisory Board agreed with the proposal and suggested initial meetings with the consultant should be joint meetings of the Council, Recreation Advisory Board, and Waterways Board. Discussion took place regarding the Scope of Services on page 2. Councilman O'Meilia moved to amend the Scope of Services to specifically include ball fields, volleyball courts, tennis courts, playground equipment. Vice Mayor Eissey seconded the motion to amend, which passed unanimously. Discussion ensued on the hydrographic survey referred to on page 9, under II. Site Survey/Ecological, 1. Survey/Bathymetry. It was noted that this information should be available from East Bay Group, the Village's dredging consultant. Discussion took place concerning work performed by Michael Redd & Associates in preparing the previous master plan, which work • product is the property of the Village. Mr. Baldwin advised that the Village can delete items that the Village is able to provide. 4 MINUTES OF REGULAR SESSION HELD AUGUST 10, 2006 Steven Howarth, Vice President of TBE Group, Inc., was present to review the agreement. • Mr. Howarth reported that TBE Group will provide a buildable and permittable plan for Discussion ensued on FRDAP grants. Mr. Bates confirmed that FRDAP grants can pay for design and construction. Mr. Bates discussed implementation of the project, which will be done in phases, as funding is available. Mr. Bates advised that the agreement does not include engineering plans, which will require a separate contract. Discussion took place on $200,000 in funding from the state legislature. Mr. Bates is to obtain confirmation in writing. Mr. Bates reviewed the time limit on the FRDAP grants. Thereafter, the original motion, as amended, passed unanimously. improvements to Anchorage Park. RESOLUTION 2006-60 ADOPTED -LIGHTNING PREDICTION SYSTEM PURCHASE Councilman O'Meilia moved that Resolution 2006-60 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE PURCHASE OF A LIGHTNING PREDICTION SYSTEM FROM THOR GUARD INC. OF SUNRISE, FLORIDA AT THE PRICE OF $20,900.00; FUNDS TO BE EXPENDED FROM - - - ACCOUNT #A8fl28-66422;_AND, PROVIDING FOR AN-EFFECTIVE DATE be adopted. President Pro Tem Manuel seconded the motion. During discussion, it was noted that this is a sole source item. Village Attorney George Baldwin opined that whenever the Council deviates from the purchasing policy, -the resolution should include in the caption whether it is piggybacking another contract, waiving the purchasing rules, or the purchase is a sole source item. Councilman O'Meilia moved to amend the caption of the resolution to add the language "Village Council has determined this is a sole source item" after the price. President Pro Tem Manuel seconded the motion, which passed unanimously. Thereafter, the original motion, as amended, passed unanimously. RESOLUTION - DOMANI P.U.D. EXTENSION -TABLED Vice Mayor Eissey moved to table this item to the next meeting. Councilman Pierman seconded the motion, and all present voted aye. RESOLUTION 2006-61 ADOPTED - SERMA VOTING DELEGATES Discussion took place on the appointment of a voting representative and voting delegate to the South East Risk Management Association (SERMA). By consensus, the Council appointed the Finance Director and HR Manager/Director asthe representative and alternate, respectively. Councilman O'Meilia moved that Resolution 2006-61 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE FINANCE DIRECTOR VOTING REPRESENTATIVE AND THE HUMAN RESOURCES MANAGER/DIRECTOR VOTING ALTERNATE TO SERMA; AND PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Eissey seconded the motion, which passed unanimously. 5 MINUTES OF REGULAR SESSION HELD AUGUST 10, 2006 LEGAL SERVICES SELECTION • By written ballot, copies of which are attached to the copy of record, the Council ranked its choice of firms to provide legal representation to the Village as follows: 1. Leonard Rubin, P.A. & Glen Torcivia & Associates 2. Caldwell & Pacetti, LLP 3. Thomas Baird, P.A. & Karen Roselli, P.A. Discussion took place concerning a retainer for attendance at regularly scheduled meetings. The top-ranked firm of Leonard Rubin, P.A. & Glen Torcivia & Associates will be asked to provide a draft professional services agreement for Council consideration. MAYOR AND COUNCILMATTERS/REPORTS Discussion was held concerning the Florida League of Cities Legislative Councils. Mayor Norris agreed to submit his name to serve on one of the legislative councils. President Pro Tem Manuel will consider serving as well. It was noted that the deadline to apply is August 18, 2006. Vice Mayor Eissey recommended a $250.00 donation to the North Palm Beach Library in honor of Councilman Manny Grinn, and that Mrs. Grinn be contacted to suggest appropriate books or library materials. The Council endorsed this recommendation. Councilman Pierman reminded the Council of the time capsule ceremony on August 12, 2006. Councilman Pierman suggested that the Village hold a Meet the Candidates reception, in order • for the public to meet the candidates for the Village's September 5, 2006 Special Election. The ___ _ Village Clerk was directed to investigate. arrangements. for this event. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates gave an update on Country Club memberships for 2006-2007. Mr. Bates reviewed issues concerning irrigation and grassing of the golf course during the present drought. Mr. Bates discussed insurance renewal quotes, which are due in September. Mr. Bates briefly discussed proposals coming forward for auditing services. Discussion took place concerning a letter the Council received from Mr. Slater regarding the golf course design and the view from the restaurant. Mr. Bates advised he has forwarded the letter to Ray Ball ofNicklaus Design. Mr. Bates will call and explain the situation to Mr. Slater. Finance Director Trey Sizemore reviewed the Village's third quarter financial report and the year-end forecast. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:39 p.m. • -` C.i Melissa Teal, CMC, Village Clerk 6 • CLERK'S TALLY SHEET LEGAL SERVICES August 10, 2006 Select 3 names Round 1 Thomas Baird, P.A. & Karen Roselli, P.A. I l ~l Caldwell & Pacetti, LLP ' ~~ Corbett & White, P.A. 1~ Doran, Wolfe, Ansay & Kundid // Leonard Rubin, P.A. & Glen Torcivia & Assoc. ~riJ (Signet e) ~- Si nature ( 9 ) Round 2 Round 3 Round 4 CLERK'S TALLY SHEET • LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Round 1 Round 2 Round 3 Round 4 Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid _ Leonard Rubin, P.A. & Glen Torcivia & Assoc. ,~ _ ~ _~ (Signatu e) ~~~'~ ~{. (Signa ure) • CLERK'S TALLY SHEET LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. ~~ Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid • Leonard Rubin, P.A. & Glen Torcivia & Assoc. G~ (Signature (Signature) • • BALLOT LEGAL SERVICES August 10, 2006 Select 3 names Round 1 Thomas Baird, P.A. & Karen Roselli, P.A. V Caldwell & Pacetti, LLP I/ Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. r ( ignature) Round 2 Round 3 Round 4 • • BALLOT LEGAL SERVICES August 10, 2006 Select 3 names Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Round 1 Round 2 Leonard Rubin, P.A. & Glen Torcivia & Assoc. Round 3 Round 4 • • • BALLOT LEGAL SERVICES August 10, 2006 Select 3 names Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid - Leonard Rubin, P.A. & Glen Torcivia & Assoc. Round 1 Round 2 Round 3 Round 4 X T u BALLOT LEGAL SERVICES August 10, 2006 Select 3 names Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. y // - - _ - Doran, Wolfe, Ansay & Kundid • Leonard Rubin, P.A. & Glen Torcivia & Assoc. (signature) • • -- BALLOT LEGAL SERVICES August 10, 2006 Select 3 names Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. X Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. ignature) BALLOT • LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. Round 1 Round 2 Round 3 Round 4 • BALLOT LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 ~ Thomas Baird, P.A. & Karen Roselli, P.A. /~Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid ___Leonard Rubin, P.A. & Glen Torcivia & Assoc. __ ~~i~ ",~~ (Signature) • • BALLOT LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 • Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. • • • BALLOT LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. Round 1 Round 2 Round 3 Round 4 - ~ (Signature) • BALLOT LEGAL SERVICES August 10, 2006 Rank 1st Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. _~ Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid • Leonard Rubin, P.A. & Glen Torcivia & Assoc. (Signature) • BALLOT LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. (Signature) • • BALLOT LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Round 1 Round 2 Leonard Rubin, P.A. & Glen Torcivia & Assoc. (Signature) Round 3 Round 4 • BALLOT LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. ~- • • BALLOT LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Round 1 Round 2 Round 3 Round 4 Leonard Rubin, P.A. & Glen Torcivia & Assoc. • BALLOT LEGAL SERVICES August 10, 2006 Rank 2nd Choice (Select 1 name) Round 1 Round 2 Round 3 Round 4 Thomas Baird, P.A. & Karen Roselli, P.A. Caldwell & Pacetti, LLP Corbett & White, P.A. Doran, Wolfe, Ansay & Kundid Leonard Rubin, P.A. & Glen Torcivia & Assoc. (Si natu ) •