05-24-2007 VC REG-M•
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MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 24, 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
Mayor Eissey gave the invocation and Councilman Hernacki led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regular Session held 5/10/07 were approved as written.
STATEMENTS FROM THE PUBLIC
Lew Steinberg, Police and Fire Pension Board Chairman, submitted the Fire and Police Retirement
Fund Revised Actuarial Valuation Report as of October 1, 2006 prepared by Gabriel, Roeder, Smith,
& Company, and the Police and Fire Pension Fund Financial Statements and Accompanying
Information for Years ended September 20, 2006 and 2005, prepared by Cherry, Bekaert & Holland.
Bonni Jensen, counsel for the Police and Fire Pension Board, distributed copies of a proposed
ordinance that would amend the pension plan for minimum benefits mandated by the State.
Don Cassady distributed copies of his 5/1/07 NPBCC Golf Business Profile.
BILL 1234 -BUDGET AMENDMENT -EMS EQUIPMENT - ENACTED AS ORDINANCE 2007-12
Vice Mayor Manuel moved that Bill 1234 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE
FISCAL YEAR 2006-2007 TO APPROPRIATE FUNDS IN THE AMOUNT OF $46,350.00 TO
PURCHASE CERTAIN EQUIPMENT FOR EMERGENCY MEDICAL SERVICES TO BE
FUNDED BY THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT
PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman Hernacki seconded the motion.
Mayor Eissey opened the public hearing. There being no comments from the public, Mayor Eissey
closed the public hearing. Thereafter the motion for second reading passed unanimously.
Minutes of Village Council Regular Session held May 24, 2007 Page 2 of 4
Vice Mayor Manuel moved to enact Bill 1234 as Ordinance 2007-12. Councilman Hernacki
seconded the motion, and all present voted aye.
• CONSENT AGENDA
Councilman Hernacki requested that item 3 be removed from the consent agenda.
Thereafter, Councilman Aubrey moved to approve the consent agenda.. Councilman Hernacki
seconded the motion, which passed unanimously. The following items were approved:
Receive Minutes of Police and Fire Pension Board meeting held 1/26/07
Receive Minutes of Police and Fire Pension Board meeting held 2/28/07
Receive Minutes of Code Enforcement Board meeting held 5/7/07
MINUTES OF LIBRARY ADVISORY BOARD MEETING HELD 4/24/07 RECEIVED
It was noted that Council had previously requested if Board members are voted an excused
absence, that the minutes list the reason for the absence, and this request was reiterated.
Thereafter, the minutes of the Library Advisory Board meeting held 4/24/07 were received.
Additionally, it was again requested that Police and Fire Pension Board minutes be submitted
in a more timely manner.
RESOLUTION 2007-60 ADOPTED -PROFESSIONAL ENGINEERING SERVICES CONTRACT
• AMENDMENT
President Pro Tem Norns moved that Resolution 2007-60 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A THIRD AMENDMENT TO THE CONTINUING CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE VILLAGE AND SFRN, INC.;
EXTENDING THE TERM FOR ONE YEAR AND GRANTING AN INCREASE IN HOURLY
RATES EFFECTIVE OCTOBER 1, 2007; AUTHORIZING AND DIRECTING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT TO THE CONTRACT ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Manuel seconded the motion. Keith Jackson of SFRN Inc. was present to
review the contract amendment. During discussion, it was requested that staff establish a
performance evaluation system for all contracts up for renewal. In response to the Council,
Mr. Jackson advised that Mr. Newell is no longer a corporate officer and is on leave of absence from
the firm. Brief discussion ensued on the fee schedule with regard to the rate charged for interns.
Mr. Jackson stated it would probably be billed at the technician level, and indicated his willingness to
review it with Village staff. Thereafter, the motion passed, with all present voting aye.
RESOLUTION -VILLAGE WATERWAYS DESIGNATION -MANATEE PROTECTION PLAN
WITHDRAWN
• Item 6.E.2 was withdrawn.
Minutes of Village Council Regular Session held May 24, 2007 Page 3 of 4
RESOLUTION 2007-61 ADOPTED - AUDITOR'S REPORT -VILLAGE PURCHASING PROCEDURES
• Councilman Hernacki moved that Resolution 2007-61 entitled
be adopted. President Pro Tem Norris seconded the motion.
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE REPORT PREPARED BY CALER, DONTEN, LEVINE,
DRUKER, PORTER & VEIL, P.A. CONCERNING ITS REVIEW AND EVALUATION OF THE
VILLAGE'S PURCHASING AND CASH DISBURSEMENT POLICIES; AND PROVIDING FOR
AN EFFECTIVE DATE
Mark Veil was present to review the report. Discussion ensued on change orders. Mr. Veil noted that a
sampling of change orders was reviewed, and recommended instituting a policy setting authority for
approving different levels of change orders, with large change orders brought back to Council.
Richard Podell presented comments on behalf of the Audit Committee. Mr. Podell stated that the
Audit Committee agrees with the report, but does not recommend purchase cards/credit cards, and
concerning purchase orders, that raising the threshold for purchase orders from $1,000 to $2,500
refers to blanket purchase orders, not individual purchase orders.
Village Manager Jimmy Knight advised that a draft of policy changes will be brought back to Council
at a future Workshop Session. Thereafter, the motion to accept the report passed unanimously.
RESOLUTION 2007-62 ADOPTED -MOLE CRICKET PESTICIDE PURCHASE
• Vice Mayor Manuel moved that Resolution 2007-62 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF CHIPCO CHOICE PESTICIDE
FROM BAYER ENVIRONMENTAL SERVICES AT A COST NOT TO EXCEED $14,750.00
PAYABLE FROM THE PESTICIDES AND HERBICIDES EXPENSE ACCOUNT; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion.
During discussion, Mr. Knight noted that there is no generic equivalent, and while this product is
available from different vendors, it is billed from Bayer, the manufacturer. Mr. Knight advised the
golf course will be closed on 6/25/07 for pesticide application.
Thereafter, the motion to approve the purchase passed unanimously.
RESOLUTION 2007-63 ADOPTED -BUDGET AMENDMENT -ANNEXATION STUDY
President Pro Tem Norris moved that Resolution 2007-63 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 $10,000 FROM
• THE GENERAL FUND COUNCIL CONTINGENCY ACCOUNT TO THE PLANNING AND
COMMUNITY DEVELOPMENT DEPARTMENT CONTRACTUAL SERVICES ACCOUNT TO
FUND THE ANNEXATION STUDY PERFORMED BY LAND RESEARCH MANAGEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Manuel seconded the motion, which passed unanimously.
Minutes of Village Council Regular Session held May 24, 2007 Page 4 of 4
GOLF COURSE_RECIPROCITY APPROVED
• Councilman Aubrey moved to authorize reciprocal agreement with certain specified area clubs as
outlined and in accordance with Village policies. Vice Mayor Manuel seconded the motion.
Discussion ensued on the proposed $35 fee for reciprocal play. Vice Mayor Manuel moved to amend
the motion by increasing the fee to $40 and requiring that tee times be reserved by the pro or
administrative staff from the reciprocal club. Councilman Hernacki seconded the amendment, which
passed unanimously. Thereafter, the original motion, as amended, passed unanimously.
COUNCIL MATTERS
Brief discussion took place concerning a review of the golf course renovation project. Councilman
Aubrey suggested that after any major project, a project management audit be performed to determine
if the Village received what it contracted for, what was not received, and to evaluate and learn from
any mistakes. The Village Manager and staff will compile apost-project assessment report.
Vice Mayor Manuel reported on the Palm Beach County League of Cities meeting and tax reform workshop.
Vice Mayor Manuel advised that Senator Atwater has informed him the Village will receive $400,000
from the State for Anchorage Park. Senator Atwater will present the check at an upcoming meeting.
Discussion took place concerning a request from Mr. Guncheon for assistance regarding an ongoing
code violation for his roof. Village Attorney Len Rubin gave a brief overview of statutes and legal
opinion concerning code enforcement fines and liens. Mr. Rubin advised that while the Council has
• authority to release, compromise, or settle liens, it is not required or obligated to hear lien reductions.
Further, Mr. Rubin noted that historically, fine reductions are not considered when the property is not
m compliance. Village Manager Jimmy Knight reported that the Village currently has 45 liens
outstanding. Staff will provide more information to the Council on this issue.
VILLAGE MANAGER MATTERS
Mr. Knight gave a status report on the Village Hall landscaping, lighting, and paving project, and an
update on maintenance at the golf course.
Mr. Knight advised that the Village received information from South Florida Water Management
District regarding gray water, and this item will come back to the next Workshop Session.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:50 p.m.
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Melissa Teal, CMC, Village Cler
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