06-11-2009 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
•
JUNE 11, 2009
Present:
Absent:
ROLL CALL
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
Edward M. Eissey, Ph.D., Councilman
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
Vice Mayor Manuel gave the invocation and Councilman Hernacki led the public in the Pledge
of Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes ofthe Regular Session held 5/28/09 were approved as written.
2ND READING AND ENACTMENT 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,"
TO ALLOW DOGS IN VILLAGE PARKS WITHOUT DEDICATED DOG AREAS SUBJECT
TO ADDITIONAL CONDITIONS; AMENDING SECTION 4-27, "PROHIBITED IN
CERTAIN AREAS; EXCEPTIONS," SECTION 4-28, "RUNNING AT LARGE," SECTION 4-31,
"PERSONS WALKING DOGS RESPONSIBLE FOR REMOVAL OF WASTE," AND
SECTION 432, "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 and enacted on second reading. President Pro Tem Aubrey seconded the motion.
Mr. Knight noted the expansion of certain park areas that will be off-limits to dogs, as specified
in Section (b) on page 2 of the ordinance.
Mayor Norris opened the public hearing.
Jerry Sullivan, 520 Fairwind Drive, asked if dogs are allowed on the golf course or driving
range, and that if not, what code section prohibits dogs on the golf course property.
There being no further comments from the public, Mayor Norris closed the public hearing.
Minutes of Village Council Regular Session held June 11, 2009 Page 2 of 5
2ND READING AND ENACTMENT OF ORDINANCE 2009-06 -CODE AMENDMENT TO
• ALLOW DOGS IN VILLAGE PARKS continued
Mr. Knight displayed an example of the type of signage that will be used to inform park visitors
of Village regulations concerning dogs in parks.
Thereafter, the motion to adopt and enact Ordinance 2009-06 on second reading passed unanimously.
SPECIAL USE PERMIT APPROVED -CARS FROM DREAMS, LLC
Vice Mayor Manuel moved to approve the application for a Special Use Permit to allow Cars
From Dreams, LLC to conduct Internet sales of vintage and antique vehicles as a similar use to
general retail sales with indoor display as permitted by Section 45-34.1(1)(h) ofthe Village Code
of Ordinances subject to certain conditions and in accordance with Village policy. Councilman
Hernacki seconded the motion.
Mr. Knight reviewed the conditions contained in the permit. Mr. Knight explained that although
the initial intent was that no outdoor signage would be allowed, the Department of Motor Vehicles
requires a sign on the business location. Mr. Knight supplied a photo of the window sign.
Mr. Knight advised that a new application has been filed, which ties together the two companies,
Cars From Dreams, LLC and Cars of Dreams.
Councilman Hernacki moved to amend Section 1.D of the Order on Application for Special Use Permit
to read, "there will be allowed one window sign." Vice Mayor Manuel seconded the
amendment, which passed unanimously.
Mayor Norris opened the public hearing.
Bob Brandner, 130 Yacht Club Drive,. noted that the 1.33 U.S. Highway 1 location (Cars of
Dreams) will be used to store used cars for sale, which changes the use of the car museum, and
suggested the entire area be designated a used car facility. Additionally, Mr. Brandner advised
there is no standard definition for the terms "vintage, classic, antique."
There being no further comments from the public, Mayor Norris closed the public hearing.
Attorney Larry Smith was present on behalf of the applicant. Discussion took place concerning
the amount of inventory and the expected volume of sales. Mr. Smith clarified that 119 U.S.
Highway 1 is the business office of Cars From Dreams, LLC and the cars are stored in the Cars
of Dreams museum at 133 U.S. Highway 1, which is open to the public on a limited basis.
Mr. Smith advised that additional inventory is stored in a warehouse.
Mr. Rubin read the code section concerning revocation of Special Use Permits.
Thereafter, the motion to approve the Special Use Permit for Cars From Dreams passed unanimously.
CONSENT AGENDA
• Vice Mayor Manuel moved to approve the consent agenda. Councilman Hernacki seconded the
motion, which passed unanimously. The following item was approved:
Receive Minutes of Library Advisory Board meeting held 5/26/09
Minutes of Village Council Regular Session held June 11, 2009
Page 3 of 5
RESOLUTION 2009-36 -PARK LANDSCAPE MAINTENANCE CONTRACT AMENDMENT
• Vice Mayor Manuel moved that Resolution 2009-36 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT FOR PARK
LANDSCAPE MAINTENANCE WITH TOTAL MAINTENANCE BUILDING SERVICES,
INC. TO MODIFY THE SCOPE OF WORK AND TOTAL ANNUAL COMPENSATION
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion.
Mr. Knight reported an increase in maintained areas at Anchorage Park, and deletion of the athletic
fields formerly leased from St. Clare Church, resulting in an annual contract reduction of $23,706.06.
Discussion ensued on tree maintenance. Public Works Director Wiley Livingston advised that
Village staff indicate which trees need to be trimmed and Total Maintenance charges us per tree.
Thereafter, the motion to adopt Resolution 2009-36 passed unanimously.
RESOLUTION 2009-37 -MOWING AND LANDSCAPE MAINTENANCE SERVICES CONTRACT
Vice Mayor Manuel moved that Resolution 2009-37 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT FOR
MOWING AND LANDSCAPE MAINTENANCE SERVICES WITH TOTAL MAINTENANCE
BUILDING SERVICES, INC. TO MODIFY THE SCOPE OF WORK AND TOTAL ANNUAL
COMPENSATION 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.
Mr. Knight explained that the Village is responsible for maintaining a county easement on the
west side of Prosperity Farms Road between Sun Cove Lane and North Pepperwood Circle,
which results in an annual contract increase of $8,055.62.
Thereafter, the motion to adopt Resolution 2009-37 passed unanimously.
RESOLUTION 2009-38 -FINANCIAL ASSISTANCE AGREEMENT FOR PROSPERITY
FARMS ROAD LANDSCAPE MAINTENANCE
Vice Mayor Manuel moved that Resolution 2009-38 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FINANCIAL ASSISTANCE AGREEMENT WITH
PALM BEACH COUNTY FOR THE RECEIPT OF $10,000.00 TOWARD LANDSCAPE
• MAINTENANCE COSTS FOR THE PROSPERITY FARMS ROAD IMPROVEMENTS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion.
Minutes of Village Council Regular Session held June 11, 2009 Page 4 of 5
RESOLUTION 2009-38 -FINANCIAL ASSISTANCE AGREEMENT FOR PROSPERITY
• FARMS ROAD LANDSCAPE MAINTENANCE continued
Mr. Knight explained that pursuant to its agreement with Palm Beach County for landscaping
improvements on Prosperity Farms Road, the Village is required to maintain the planted
material. Mr. Knight advised the Village would provide for quarterly maintenance of trees and
shrubbery and noted that per Village code, the property owner is still responsible for the Swale
area. Mr. Knight reported Palm Beach County has agreed to reimburse the Village up to $10,000
for maintenance costs for this year only.
Discussion ensued on the estimated annual cost of maintenance.
Thereafter, the motion to adopt Resolution 2009-38 passed unanimously.
RESOLUTION 2009-39 -EDWARD BYRNE GRANT APPLICATION AND CERTIFICATION
Vice Mayor Manuel moved that Resolution 2009-39 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE FILING OF AN APPLICATION PURSUANT TO
THE EDWARD BYRNE MEMORIAL COMPETITIVE GRANT PROGRAM ADMINISTERED
BY THE U.S. DEPARTMENT OF JUSTICE TO PROVIDE FUNDS FOR THE SALARY
AND BENEFITS OF A CIVILIAN CRIME ANALYST AND AUTHORIZING VILLAGE
ADMINISTRATION AND VILLAGE OFFICIALS TO TAKE ALL STEPS NECESSARY TO
SECURE SUCH GRANT FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion.
Mr. Knight explained that this non-matching grant will provide funds for a crime analyst position
for two years.
Thereafter, the motion to adopt Resolution 2009-39 passed unanimously.
RESOLUTION 2009-40 -JUSTICE ASSISTANCE GRANT APPLICATION AND CERTIFICATION
Vice Mayor Manuel moved that Resolution 2009-40 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE FILING OF AN APPLICATION PURSUANT TO
THE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ADMINISTERED BY THE
U.S. DEPARTMENT OF JUSTICE TO PROVIDE FUNDS FOR THE PUBLIC SAFETY
DEPARTMENT'S JUVENILE FIRST OFFENDER PROGRAM AND AUTHORIZING
VILLAGE ADMINISTRATION AND VILLAGE OFFICIALS TO TAKE ALL STEPS
NECESSARY TO SECURE SUCH GRANT FUNDING; AND PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion.
• Mr. Knight reported that this non-matching grant will be used for start-up costs for a Juvenile
First Offender program.
Thereafter, the motion to adopt Resolution 2009-40 passed unanimously.
N~inutes of Village Council Regular Session held June 11, 2009
Page 5 of 5
CLOSEOUT OF VILLAGE GARDEN APARTMENTS STORM DRAIN REPAIR PROJECT
• Vice Mayor Manuel moved to authorize final closeout of the Village Garden Apartments storm
drain repair project and final payment to D.S. Eakins Construction Corp. in the amount of
$44,671.55 m accordance with Village policies. Councilman Hernacki seconded the motion,
which passed unanimously.
CLOSEOUT OF LIBRARY ELEVATOR CYLINDER REPLACEMENT PROJECT
Vice Mayor Manuel moved to authorize final closeout of the Library elevator cylinder replacement
project and final payment to Silvester Development Corp. in the amount of $12,000.00 in accordance
with Village policies. Councilman Hernacki seconded the motion and all present voted aye.
VILLAGE COUNCIL MATTERS/REPORTS
Discussion was held concerning a meeting conflict between the August 13th Regular Session of
the Village Council and the Florida League of Cities Annual Conference to be held August 13 -15
in Orlando. It was determined that there will not be a quorum of Council for the Regular Session.
Vice Mayor Manuel moved to suspend the 8/13/09 Regular Session, and to schedule a Special
Meeting on 8/12/09, if necessary, as determined by the Mayor and Village Manager. The motion
was seconded by President Pro Tem Aubrey and passed unanimously.
Mayor Norris reported that on Friday, he will receive 130 hand-made cards from the children at
St. Mark's Episcopal Church, as well as donations from the Ritz Carlton Golf Club in Jupiter on
behalf of the Village's Support Our Troops program. Mayor Norris announced a Support Our
Troops packing day event at Anchorage Park Activities Building Saturday, June 13th to pack
these and other donations for shipment to our adopted military unit.
President Pro Tem Aubrey noted the poor condition of certain medians on Alternate AIA.
Public Works Director Wiley Livingston advised that the medians will be refurbished in
conjunction with the Department of Transportation's road resurfacing project.
Councilman Hernacki requested that lights for the tennis courts at Anchorage Park be addressed.
Mr. Knight reported this is a funding issue; however, RMPK has advised the Village is eligible
for two additional FRDAP grants.
Councilman Hernacki recognized the efforts of Public Safety Officer Dallesandro and the Police
Explorers at the grand reopening of Anchorage Park.
Discussion took place concerning the tennis facility and optional bid items. Mr. Knight noted
that agreement has akeady been reached on alternate B. It was determined that discussion of
alternates C - H should take place at an upcoming Workshop Session.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported on the progress of construction of the tennis facility.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:45 p.m.
Melissa Teal, CMC, Village Cler