05-28-2009 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 28, 2009
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
Absent: Edward M. Eissey, Ph.D., Councilman
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present,
except Councilman Eissey, who was absent due to illness. All members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Hernacki gave the invocation and Mayor Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 5/14/09 were approved as written.
1ST READING OF ORDINANCE 2009-06 -CODE AMENDMENT TO ALLOW DOGS IN
VILLAGE PARKS
Vice Mayor Manuel moved that Ordinance 2009-06 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 4, "ANIMALS AND FOWL," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "DOGS AND CATS,"
OF THE VILLAGE OF CODE OF ORDINANCES TO ALLOW DOGS IN VILLAGE PARKS
WITHOUT DEDICATED DOG AREAS SUBJECT TO ADDITIONAL CONDITIONS;
AMENDING SECTION 4-27, "PROHIBITED IN CERTAIN AREAS," SECTION 4-28,
"RUNNING AT LARGE," SECTION 4-31, "PERSONS WALKING DOGS RESPONSIBLE
FOR REMOVAL OF WASTE, AND SECTION 4-32, "PERSONS WALKING DOGS TO
CARRY WASTE-REMOVAL IMPLEMENTS;" PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE
• be adopted on first reading. Councilman Hernacki seconded the motion.
Minutes of Village Council Regular Session held May 28, 2009 Page 2 of 3
1ST READING OF ORDINANCE 2009-06 -CODE AMENDMENT TO ALLOW DOGS IN
VILLAGE PARKS continued
• Mr. Knight noted that the proposed ordinance permits dogs on leashes in Village parks except for
Anchorage Park, which has an area set aside for use as a dog park. Mr. Knight reviewed the
additional park areas that will beoff-limits to dogs, which include children's playgrounds, tennis
courts, and basketball courts.
During discussion, it was noted that baseball and softball fields, racquetball courts, and
volleyball courts should also be designated as "no dog" areas.
Discussion ensued on enforcement. Mr. Knight related that staff is developing an ordinance
establishing a process for issuing a citation that would stipulate a fine for violating Village code.
Mr. Knight explained that because the pending ordinance will encompass additional violations, it
was not included as part of Ordinance 2009-06, but will be brought to Council at a later date.
Thereafter, the motion to adopt Ordinance 2009-06 on first reading passed unanimously.
CONSENT AGENDA
Vice Mayor Manuel 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 2/17/09
Receive Minutes of Special Planning Commission meeting held 3/10/09
Receive Minutes of Police and Fire Pension Board meeting held 4/17/09
Receive Minutes of Audit Committee meeting held 5/11/09
Receive Minutes of Waterways Board meeting held 5/19/09
RESOLUTION 2009-33 -BID AWARD AND CONTRACT APPROVAL FOR TENNIS COURT
REBUILDING
Vice Mayor Manuel moved that Resolution 2009-33 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY FAST-DRY COURTS, INC.
FOR THE REBUILDING OF THE COURTS AT THE VILLAGE TENNIS FACILITY AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT
RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously.
RESOLUTION 2009-34 -GOLF COURSE MAINTENANCE SERVICES CONTRACT AMENDMENT
Vice Mayor Manuel moved that Resolution 2009-34 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, APPROVING AN AMENDED CONTRACT FOR GOLF COURSE
MAINTENANCE SERVICES WITH INTERNATIONAL GOLF MAINTENANCE, INC. AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion.
Minutes of Village Council Regular Session held May 28, 2009 Page 3 of 3
RESOLUTION 2009-34 -GOLF COURSE MAINTENANCE SERVICES CONTRACT
AMENDMENT continued
• Mr. Knight reviewed the contract amendment provisions and noted the term is extended through
9/30/11, with an optional one-year extension. Mr. Knight noted the annual cost is a reduction of
$186,292 over the current contract, with a 2.5% COLA increase in the second year. Mr. Knight
clarified that the Village's current lease for maintenance equipment expires 10/1/09; therefore,
IGM will be responsible for providing the necessary equipment. Brief discussion ensued on the
agronomist provision in Section 1.C.
Thereafter, the motion to adopt Resolution 2009-34 passed unanimously.
RESOLUTION 2009-35 -ANNUAL REGISTRATION FEE FOR ABANDONED RESIDENTIAL
PROPERTY
Vice Mayor Manuel moved that Resolution 2009-35 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING AN ANNUAL REGISTRATION FEE FOR THE
VILLAGE'S ABANDONED RESIDENTIAL PROPERTY PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion.
Mr. Knight explained that the $150 registration fee is intended to recoup administrative costs
based on the amount of staff time needed to monitor the program and is consistent with the fee
charged by other municipalities that have a similar program.
Thereafter, the motion to adopt Resolution 2009-35 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Discussion took place concerning AT&T's installation of fiber optic cables in Village swales.
Mr. Manuel noted a meeting conflict on 8/13/09, which is the date of the Florida League of
Cities Annual Conference, and suggested that Council consider holding its Regular Session on
8/12/09. This issue will be placed on the next agenda for discussion.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported a change order of $448 for the Tennis Facility fencing project.
Mr. Knight announced receipt of $200,000 in F.I.N.D. grant funds for Anchorage Park
improvements, and advised that $914,106 in grants have been received to date, with $985,894
outstanding for this project. Mr. Knight noted the park is finished and reminded Council of the
grand re-opening on 6/6/09.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:07 p.m.
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Melissa Teal, CMC, Village Cler