Loading...
01-08-2009 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • JANUARY 8, 2009 Present: William Manuel, Mayor Darryl Aubrey, Sc.D., President Pro Tem Edward M. Eissey, Ph.D., Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, Vice Mayor ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who had a meeting conflict. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Hernacki gave the invocation and President Pro Tem Aubrey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION John MacVeigh, Special Agent in Charge of the West Palm Beach Field Office of the FBI, presented a certificate to Detective Joseph Yungk, Public Safety Department. Agent MacVeigh detailed the persistent efforts of Detective Yungk to solve the case of a robbery attempt at Commerce Bank, which resulted in prosecution and conviction of two criminals. APPROVAL OF NIlIVUTES The minutes ofthe Regular Session held 12/11/08 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2009-O1 -CODE AMENDMENT - REQUIREMENTS FOR COLLECTION OF RESIDENTIAL YARD WASTE Councilman Eissey moved that Ordinance 2009-01 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "GARBAGE, TRASH AND REFUSE," DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," TO ADOPT A NEW SECTION 14-31, "COLLECTION OF RESIDENTIAL YARD WASTE;" PROVIDING FOR DEFINITIONS, COLLECTION REQUIREMENTS, VIOLATIONS AND ASSESSMENT OF COSTS; 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 Aubrey seconded the motion. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Minutes of Village Council Regular Session held 1/8/09 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE 2009-O1 -CODE AMENDMENT - REQUIREMENTS FOR COLLECTION OF RESIDENTIAL YARD WASTE continued • Discussion ensued on registration. It was noted the purpose of registration is so that Public Safety and Code Compliance Officers can identify those who perform paid tree trimming or landscape maintenance activities in the Village. Thereafter, the motion to adopt and enact Ordinance 2009-01 on second reading passed unanimously. FIRST READING OF ORDINANCE 2009-02 -SIGN CODE AMENDMENT Councilman Eissey moved that Ordinance 2009-02 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE SIGN CODE TO REVISE THE DEFINITION FOR GROUND SIGNS, AMEND THE DESIGN AND CONTENT REQUIREMENTS FOR PERMANENT SIGNS AND GROUND SIGNS, ALLOW SPECIFIED GROUND SIGNS TO IDENTIFY MULTIPLE TENANTS OR OCCUPANTS, ALLOW FOR TEMPORARY BANNERS UNDER LIMITED CIRCUMSTANCES, AND CLARIFY THE PROVISIONS REGARDING POLITICAL SIGNS; PROVIDING FOR NEW REGULATIONS GOVERNING TEMPORARY SIGNS EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; AMENDING SECTION 6-111, "GENERAL PROVISIONS," SECTION 6-112, "EXEMPT SIGNS," 6-114, "PERMITTED TEMPORARY SIGNS," AND 6-115, "PERMITTED PERMANENT ACCESSORY SIGNS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. Councilman Hernacki seconded the motion. Mr. Knight reviewed proposed changes to the sign code including allowing street addresses on any portion of a ground sign; allowing a permanent sign face on ground signs for sale or leasing information; and allowing projects with multiple retail or service tenants to display the name of more than one business on a ground sign. Discussion ensued on the time allowed for temporary "for sale" or "for lease" signs. Mr. Knight noted that temporary signs must comply within -two years of the effective date of the ordinance. Mr. Rubin advised that temporary "for sale" or "for lease" signs are allowed for six months from the time a certificate of occupancy or completion is issued. It was requested that the ordinance be revised to address the removal of "for sale" or "for lease" signage when a vacancy no longer exists. Thereafter, the motion to adopt Ordinance 2009-02 on first reading passed unanimously. FIRST READING OF ORDINANCE 2009-03 -GOLF ADVISORY BOARD COMPOSITION Councilman Eissey moved that Ordinance 2009-03 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GOLF ADVISORY BOARD," OF CHAPTER 9, "COUNTRY CLUB," OF THE VILLAGE CODE OF ORDINANCES BY • AMENDING SECTION 9-17, "COMPOSITION AND TERMS," TO ALTER THE COMPOSITION OF THE GOLF ADVISORY BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. President Pro Tem Aubrey seconded the motion and all present voted aye. Minutes of Village Council Regular Session held 1/8/09 Page 3 of 4 CONSENT AGENDA APPROVED • Councilman Eissey moved to approve the consent agenda. Councilman Hernacki seconded the motion and all present voted aye. The following items were approved: Resolution 2009-01 directing Village Clerk to publish notice of General Election to be held 3/10/09; designating the PBC Supervisor of Elections to canvass absentee ballots and elections returns; designating the PBC Supervisor of Elections or her designee, as the Village's representative for the Logic and Accuracy testing of the tabulating equipment for the General Election and the runoffelection, should there be one. Motion granting a merit increase of 4.5% to the Village Clerk based upon the averaged score of her performance evaluations and directing Village administration to process same. Receive Minutes of Zoning Board of Adjustment meeting held 6/24/08 Receive Minutes of Special Planning Commission meeting held 11/6/08 Receive Minutes ofPlanning Commission meeting held 12/2/ Recommendation: amend Village sign code as follows: Sec. 6-111(A)(2) and (H), amend language as recommended by staff; Sec. 6-112(0) amend to read "temporary banners within commercial zoning districts may be approved upon written application to the Community Development Department. Temporary Banners shall be limited as follows: (1) No single commercial parcel may display a temporary banner for more than sixty (60) days, either consecutive or alternate during any one calendar year. No parcel may display more than one temporary banner at any given time. All banners must have a licensed bona fide business within that parcel and banner materials to be made to Industry Standards." Create a temporary banner application. Sec. 6-114(E)(1) and (2), amend formatting of this section with the addition of political signs reference. Sec. 6-115(B)(5), add recommended language creating a sign design criteria for commercial retail parcels that exceed 5 acres in size and to allow for multiple tenant names. Receive Minutes of Golf Advisory Board meeting held 12/8/08 Receive Minutes of Recreation Advisory Board meeting held 12/9/08 Receive Minutes of Audit Committee meeting held 12/18/08 RESOLUTION 2009-02 ADOPTED -RESIDENTIAL YARD WASTE REMOVAL FEES Councilman Eissey moved that Resolution 2009-02 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING RESIDENTIAL YARD WASTE REMOVAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted. Councilman Hernacki seconded the motion and all present voted aye. Minutes of Village Council Regular Session held 1/8/09 Page 4 of 4 RESOLUTION 2009-03 ADOPTED -BID AWARD FOR ANCHORAGE PARK IMPROVEMENTS • Councilman Eissey moved that Resolution 2009-03 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY AMERICAN ENGINEERING & DEVELOPMENT CORP. FOR THE CONSTRUCTION OF IMPROVEMENTS AT ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion. Mr. Knight advised that items to be included in this phase include gazebos, lighting, picnic tables, restrooms, entertainment areas, and playgrounds. Mr. Knight reported that American Engineering & Development was the lowest qualified bidder; however, all three bids received exceeded the amount budgeted for this project. Mr. Knight noted the bid specifications provided for unit pricing, which allows the option of deleting items or Village purchase of certain items, such as picnic tables and playground equipment that it can obtain at a lower cost. Mr. Knight detailed items that were deleted and items that the Village will purchase. Mr. Knight advised that a total $1,684,503 was budgeted for this project, including grant funds. Mr. Knight reported that the contract amount is a not to exceed price of $1,284,294; items to be purchased by the Village are estimated to cost $222,021.69; and contingency is projected at $178,187.31. Discussion ensued on completion date. Mr. Rubin advised that dates for substantial completion and final completion are included in the bid documents. Community Development Director Chuck Huff reported that the date for substantial completion is 4/1 /09. Thereafter, the motion to adopt Resolution 2009-03 passed with all present voting aye. FINAL CLOSEOUT OF COMMUNITY CENTER WINDOWS PROJECT APPROVED Councilman Eissey moved to authorize final closeout of the Community Center window replacement project and final payment to Allstate Windows and Kitchens, Inc. in the amount of $4,961.43 in accordance with Village policies. President Pro Tem Aubrey seconded the motion, which passed unanimously. COUNCIL MATTERS Mayor Manuel announced a request from the Florida League of Cities for a resolution supporting its initiative on civic education. A resolution will be placed on the next Regular Session agenda for Council consideration. Councilman Hernacki requested that merit pay of Council's two "direct reports" be addressed during Budget Workshop sessions. ADJOURNMENT • With no further business to come before the Council, the meeting adjourned at 8:15 p.m. i~~ Melissa Teal, CMC, Village Clerk