01-22-2009 VC REG-Mr~
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MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 22, 2009
Present:
William Manuel, Mayor
David B. Norris, Vice 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
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 Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regular Session held 1/8/09 were approved as written.
PUBLIC HEARING AND MOTION -SPECIAL USE PERMIT - DONNINI MOTOR CARS -
MOVED TO WORKSHOP SESSION
Mayor Manuel announced that, without objection, this item has been moved to the Workshop
Session, and will be heard first, immediately following the Regular Session.
PUBLIC HEARING AND SECOND 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 adopted and enacted on second reading. Councilman Hernacki seconded the motion.
Minutes of Village Council Regular Session held 1/22/09 Page 2 of 4
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2009-02 -SIGN CODE
AMENDMENT continued
• Mr. Knight directed Council to changes made at first reading to Sections 6-114(D)(2)b and
6-114(D)(2)d, Permitted temporary signs, which are highlighted in the proposed ordinance.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Brief discussion ensued on addressing the 26 temporary signs that are not presently in compliance.
Mr. Knight advised that the signs will be brought into compliance through code enforcement.
Thereafter, the motion to adopt and enact Ordinance 2009-02 on second reading passed unanimously.
PUBLIC HEARING AND SECOND 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 adopted and enacted on second reading. Councilman Hernacki seconded the motion.
Mr. Knight noted that the proposed ordinance provides that all Board members, except one, must
be golf members of the Country Club.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Mayor Manuel requested that language be added to the proposed ordinance to clarify the seventh
position, and to address the positions of the Men's Golf Association (MGA) and the Women's
Golf Association (WGA) representative, if there is no MGA or WGA member who wishes to
serve. Mr. Rubin recommended inserting language to specify that "if no association member
wishes to serve in this capacity, the association members may be replaced with golf members of
the Country Club" and "there are no membership or residency requirements for the third regular
member." Vice Mayor Norris moved to amend Ordinance 2009-03 to include the specified
language. Councilman Eissey seconded the motion to amend, which passed unanimously.
Thereafter, the motion to adopt and enact Ordinance 2009-03 as amended, on second reading
passed unanimously
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:
• Receive Minutes of Code Enforcement Board meeting held 1/5/09
Receive Minutes of Recreation Advisory Board meeting held 1/13/09
Recommendation: "that the Parks and Recreation Dept. in conjunction with the
Public Safety Dept. make every effort to inform patrons of this incident as well as
the measures to be taken to remedy the problem."
Minutes of Village Council Regular Session held 1/22/09
Page 3 of 4
RESOLUTION 2009-04 ADOPTED -APPLICATION FEE FOR TEMPORARY BANNERS
Councilman Eissey moved that Resolution 2009-04 entitled
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING AN ADMINISTRATIVE PROCESSING FEE FOR
APPLICATIONS TO DISPLAY TEMPORARY BANNERS WITHIN COMMERCIAL
ZONING DISTRICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Norris seconded the motion, which passed unanimously.
RESOLUTION 2009-OS ADOPTED -FLORIDA LEAGUE OF CITIES CIVIC EDUCATION
INITIATIVE
Councilman Eissey moved that Resolution 2009-OS entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA RECOGNIZING THE "BUILDING CITIZENSHIP IN THE
CONIMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES,
INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT; AND PROVIDING
FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Norris seconded the motion.
Discussion took place on Village plans to support the initiative, which include monthly articles
in the newsletter and outreach to local schools.
Thereafter, the motion to adopt Resolution 2009-OS passed unanimously.
RESOLUTION 2009-06 ADOPTED -AMENDMENT TO AGREEMENT FOR GRANT
MANAGEMENT SERVICES
Councilman Eissey moved that Resolution 2009-06 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR GRANT
MANAGEMENT SERVICES WITH RMPK FUNDING, INC. TO PROVIDE FOR AN
ADDITIONAL TERM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion, which passed unanimously.
RESOLUTION 2009-07 -BUDGET AMENDMENT AND LOAN PAYOFF
Councilman Eissey moved that Resolution 2009-07 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 FISCAL YEAR 2008-2009 BUDGET FOR THE PURPOSE OF TRANSFERRING
$57,625 FROM SATISFIED DEBT SERVICE ACCOUNTS AND $234,775 FROM THE
• UNRESERVED, UNDESIGNATED FUND BALANCE TO THE BANK OF AMERICA DEBT
SERVICE ACCOUNT TO PAY OFF AN OUTSTANDING LOAN OBLIGATION; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
President Pro Tem Aubrey seconded the motion.
Minutes of Village Council Regular Session held 1/22/09
Page 4 of 4
RESOLUTION 2009-07 -BUDGET AMENDMENT AND LOAN PAYOFF continued
Mr. Knight noted that three outstanding loans have been paid of£ Mr. Knight advised that a
• budget amendment to transfer funds from the undesignated reserve is needed in order to pay off a
$2,800,000 loan from Bank of America, which was approved in 2001 for Village Hall
renovations, dredging, North Substation, and Anchorage Park parking lot. Mr. Knight reported
that after payment of this loan, the undesignated reserve balance will be just above $6.5 million,
or 33.5% of the operating budget. Mr. Knight advised that after this payoff, the General Fund
will have only one loan outstanding, in the amount of $2,700,000 for the Public Safety Facility,
Community Center, and Recreation Building.
Thereafter, the motion to adopt Resolution 2009-07 passed unanimously.
COUNCIL MATTERS
Councilman Eissey asked that Council commend and congratulate Ms. Ash, a teacher at North
Palm Beach Elementary School, for her appearance during "Teachers Week" on the Wheel of
Fortune television program.
Mayor Manuel requested Council consensus to ask the Waterways Board to review Draft 7 of the
Anchoring and Mooring (Vessel Management) legislation being presented by the Florida Fish
and Wildlife Conservation Commission for consideration during the 2009 Florida Legislative
Session. Council consensus was to request that the Waterways Board review this document and
provide an opinion on it to the Council.
VILLAGE MANAGER MATTERS
Mr. Knight detailed security measures taken regarding an incident at the Community Center.
Mr. Knight announced the Library Open House on Saturday, 1/24/09 from 2:00 to 3:00 p.m., and
reported that between 100 and 200 people per day are utilizing the Library's computer lab.
Mr. Knight reported that all Department Directors signed the Palm Beach County Ethics Pledge.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:04 p.m.
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Melissa Teal, CMC, Village Clerk
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