04-09-2009 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 9, 2009
Present: David B. Norris, Mayor
William Manuel, 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 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
President Pro Tem Aubrey 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 3/26/09 were approved with the following changes:
correct Mayor's name in header and under "Roll Call."
1ST READING AND PUBLIC HEARING OF ORDINANCE 2009-04 -CODE AMENDMENT
TO ALLOW OPEN-AIR PAVILIONS AS AN ACCESSORY USE
Councilman Eissey moved that Ordinance 2009-04 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE
OF ORDINANCES, "ZONING," TO ALLOW FOR OPEN-AIR PAVILIONS AS AN
ACCESSORY USE WITHIN THE R-1 SINGLE-FAMILY ZONING DISTRICT SUBJECT TO
SPECIFIED CONDITIONS; AMENDING ARTICLE I, "IN GENERAL" OF APPENDIX C BY
AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE II, "GENERALLY,"
BY AMENDING SECTION 45-19, "BUILDINGS AND USES TO CONFORM TO DISTRICT
REGULATIONS; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY
AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
• be ado ted on first readin .Vice Ma or Manuel seconded the motion.
P g Y
Minutes of Village Council RegWar Session held Apri19, 2009 Page 2 of 5
1ST READING AND PUBLIC HEARING OF ORDINANCE 2009-04 -CODE AMENDMENT
TO ALLOW OPEN-AIR PAVILIONS AS AN ACCESSORY USE continued
• Village Manager Jimmy Knight distributed a revised ordinance, which includes amendments
requested by the Planning Commission at its 4/7/09 meeting. Mr. Knight reviewed changes,
including a definition of "traditional chickee hut," language limiting accessory structures to one
detached automobile garage and one open-air pavilion; increasing the allowable size to 200 square feet,
specifying that no open-air pavilions may be erected between the front line of the principal building and
the front property lot line, specifying restrictions on use, establishing design parameters and approval
process, and providing an appeal process with regard to architectural styles and building materials.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris
closed the public hearing.
Discussion ensued on options that may be included in open-air pavilions. Mr. Knight confirmed
that grills, stoves and other cooking devices may be included in open-air pavilions constructed
by a building contractor, but not in traditional chickee huts.
Discussion took place regarding allowing open-air pavilions in the R-2 dwelling district. Mr. Knight
advised that including R-2 may be considered in the future, but the proposed ordinance allows
open-air pavilions in the R-1 dwelling district only.
Brief discussion was held on allowing grills or other cooking devices in traditional chickee huts,
if the chuckee but was modified by the use of a fire retardant. It was noted that this would
require obtaining a building permit.
Discussion ensued on Section 5(b)(3), regarding permanent installation of full-size refrigerators.
Village Attorney Len Rubin advised the intent is to allow built-in refrigerators but prohibit storage
of refrigerators. Council determined that refrigerators should be limited to under counter size.
Discussion took place on freestanding canvas awning structures. Mr. Knight noted that this is
allowed under the concept of "complementary" in Section 7(b).
Regarding Section 7(b) and (c), it was determined that the words "or his/her designee" should be
deleted. Additionally, the time allowed to appeal the decision of the Community Development
Director to the Planning Commission was increased from 20 days to 30 days.
It was requested that star provide information on construction of traditional chickee huts,
specifically regarding attachment to a concrete pad or piers.
Councilman Hernacki moved to amend the motion to include revisions to the ordinance as
discussed. Vice Mayor Manuel seconded the motion to amend, which passed unanimously.
Thereafter, the motion to adopt Ordinance 2009-04, as amended, on first reading passed unanimously
CONSENT AGENDA
Councilman Hernacki moved to approve the consent agenda. President Pro Tem Aubrey
seconded the motion, which passed unanimously. The following items were approved:
• Receive Minutes of General Employees Pension Board meeting held 2/4/09
Receive Minutes of Golf Advisory Board meeting held 3/9/2009
Receive Minutes of Audit Committee meeting held 3/16/09
Receive Minutes of Waterways Board meeting held 3/24/09
Minutes of Village Council Regular Session held Apri19, 2009
Page 3 of 5
RESOLUTION 2009-26 ADOPTED -BID AWARD -COUNTRY CLUB TENNIS CENTER
• Vice Mayor Manuel moved that Resolution 2009-26 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY DAVID BROOKS
ENTERPRISES, INC. FOR THE CONSTRUCTION OF THE NEW TENNIS CENTER AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT
RELATING TO SUCH SERVICES; AUTHORIZING AND DIRECTING THE MAYOR AND
VILLAGE CLERK TO AMEND THE 2008-09 BUDGET TO TRANSFER $150,000 FROM
THE RECREATIONlDEVELOPER FEE ACCOUNT TO THE TENNIS CAPITAL PROJECT
ACCOUNT TO PROVIDE ADDITIONAL FUNDING FOR SUCH IMPROVEMENTS;
PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Eissey seconded the motion.
Mr. Knight reviewed staff s recommendation to accept the bid of David Brooks Enterprises, Inc.,
with the inclusion of alternate 1, an eight-foot by thirty-foot covered patio with pavers. Mr. Knight
advised that the cost of patios and bathrooms will be partly reimbursed with funds received
through the Florida Recreation Development Assistance Program (FRDAP) grant.
Mr. Knight reviewed a budget amendment to appropriate an additional $150,000 for the project,
which will be transferred from the Recreation/Developer Fees account in the General Fund to the
Capital Projects Fund. Mr. Knight estimated approximately $54,800 will be reimbursed through
the FRDAP grant. Mr. Knight estimated the total cost of the project at approximately $357,000,
which will be funded by the FRDAP grant and developer fees received from the Domani project.
General Contractor Ralph Della-Pietra, 880 Jupiter Park Drive, addressed the Council concerning
his work experience on municipal and commercial projects.
Discussion ensued on staffs recommendation that the bid be awarded to the second lowest
bidder, David Brooks Enterprises, Inc., rather than the lowest bidder, Ralph Della-Pietra Inc.
Mr. Knight stated that staff compared experience in municipal construction projects, consulted
with the architect, and recommended David Brooks Enterprises, Inc. for its extensive work
history with municipal projects.
Dan Getson, Project ManagerlEstimator, David Brooks Enterprises, Inc. responded to questions
from the Council concerning completion of a project for the Town of Lake Clarke Shores.
Brief discussion ensued on evaluation of the bids. Mr. Knight reported that staff evaluated the
bids, pursuant to criteria in the Invitation to Bid (ITB); further, Village Attorney Len Rubin
noted for the record that the ITB contained a Statement of Qualifications section, which
stipulated that the bid shall be awarded to the responsible bidder qualified by experience to
provide the work specified, and required bidders to submit an experience record showing the
bidder's training and experience in similar work, and a list and brief description of similar work
satisfactorily performed.
Discussion ensued on certain components of the project, including water fountain, soffit brackets,
and structural design. Architect Brian Idle, Peacock + Lewis, discussed the soffit design.
• Discussion took place on starting date and time for completion.
Thereafter, the motion to adopt Resolution 2009-26 passed unanimously.
Minutes of Village Council Regular Session held Apri19, 2009 Page 4 of 5
RESOLUTION 2009-27 ADOPTED -BID AWARD -CANAL DREDGING
• Councilman Eissey moved that Resolution 2009-27 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY SNYDER INDUSTRIES, INC.
FOR THE CANAL NUMBER 18 AND CANAL NUMBER 19 DREDGING PROJECT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT
RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Manuel seconded the motion.
Mr. Knight reported that the final phase of the dredging project is the dredging of canals #18 and #19,
which are located immediately north and south of Doolen Court. Mr. Knight advised that due to
the presence of Johnson's sea grass in the canals, the Village is required. by the Department of
Environmental Protection (DEP) to provide mitigation by implementing anon-combustible
motor zone in the area to the east of Big Munyon Island adjacent to MacArthur Beach State Park.
Discussion ensued on the dredging method to be used and the contractor's responsibility for any
damage to private property. Public Works Director Wiley Livingston advised that dredging will
be done mechanically using an excavator; further, that no floating pipe will be used. Mr. Livingston
stated the contractor is responsible for repairing any damage to private property.
Discussion took place concerning the temporary disposal location for the dredged material.
Mr. Livingston advised that Anchorage Park is presently the only location approved by the DEP
for this purpose. Council expressed concern with using Anchorage Park as the disposal site, and
requested that staff ensure the contract requires the contractor to repair any damage to the park
property. Mr. Knight stated that using an alternate site (if one can be located) would increase the
cost and extend the time for completion of the project.
Thereafter, the motion to adopt Resolution 2009-27 passed unanimously.
RESOLUTION 2009-28 ADOPTED -EMERGENCY MEDICAL SERVICES GRANT AWARD
AND CERTIFICATION
Councilman Eissey moved that Resolution 2009-28 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING A PALM BEACH COUNTY EMERGENCY MEDICAL
SERVICES GRANT AWARD IN THE TOTAL AMOUNT OF $30,150.00 FOR THE
PURCHASE OF EMS EQUIPMENT AND CERTIFYING THAT THE MONIES WILL BE
UTILIZED AS REQUIRED BY THE GRANT; AMENDING THE BUDGET FOR THE 2008-
2009 FISCAL YEAR TO REFLECT RECEIPT OF THE GRANT FUNDS AND AUTHORIZE
THE EXPENDITURE OF THE FUNDS TO PURCHASE THE EQUIPMENT; 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 April 9, 2009 Page 5 of 5
RESOLUTION 2009-29 ADOPTED -SUPPORTING DEDICATED FUNDING SOURCE FOR
COMMUTER RAIL
• Vice Mayor Manuel moved that Resolution 2009-29 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUPPORTING A DEDICATED FUNDING SOURCE FOR
COMMUTER RAIL SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously.
RESOLUTION 2009-30 ADOPTED -SUPPORTING INCLUSION OF INTERCITY RAIL
COMPONENT OF THE FEC CORRIDOR PROJECT AS PART OF FLORIDA'S STIMULUS PLAN
Vice Mayor Manuel moved that Resolution 2009-30 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REQUESTING THE ASSISTANCE OF GOVERNOR GRIST AND
FLORIDA DEPARTMENT OF .TRANSPORTATION SECRETARY KOPELOUSOS TO
PRIORITIZE THE INTERCITY RAIL COMPONENT OF THE FEC CORRIDOR PROJECT
(FROM JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC
STIMULUS PACKAGE FOR THE STATE OF FLORIDA; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion, which passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Council scheduled a Special Workshop on Monday, April 20th at 6:00 p.m. to discuss its Goals
and Objectives.
Vice Mayor Manuel announced North Palm Beach Elementary School will hold a 50th Anniversary
celebration on May 4, 2009 from 10:00 a.m. to Noon.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight stated staff will readdress the location for the dredged material and come back to
Council for additional funds, if an alternate approved site can be found.
Mr. Knight distributed a Revenue and Expense Summary for Anchorage Park Improvements and
a budget recap for the project. Mr. Knight reviewed recent change orders for Anchorage Park,
and detailed further landscaping, irrigation, and signage to be installed. Mr. Knight announced
Saturday, May 23rd, as the tentative date for the ribbon-cutting and grand re-opening of the park.
Mr. Knight announced the "Town Hall Meeting" regarding the refurbishment of Parker Bridge
will be held May 4, 2009 at 4:00 p.m. at the North Palm Beach Country Club.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 9:22 p.m.
Melissa Teal, CMG, Village Clerk