07-23-2009 VC REG-M
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 23, 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
Councilman Eissey gave the invocation and President Pro Tem Aubrey led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Norris proclaimed the month of August, 2009 as Firefighter Appreciation Month in the Village
of North Palm Beach. Fire Chief J.D. Armstrong accepted the proclamation on behalf of North Palm
Beach Fire Rescue. Muscular Dystrophy Program Coordinator Elise Qvale was present to express
appreciation to North Palm Beach firefighters for their hard work and dedication in assisting with
MDA's Fill-the-Boot campaign.
Mayor Norris presented a Certificate of Completion awarded by the Florida League of Cities to Vice
Mayor Manuel for completing the 2009 Advanced Institute for Elected Municipal Officials.
Mayor Norris presented a Lifesaving Award to Village lifeguard Jesse Tobey in recognition of his
heroic efforts in rescuing a motorist who drove into a retention pond.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 7/09/09 were approved as written.
STATEMENTS FROM THE PUBLIC
James "Bud" Smith, 1200 Marine Way, addressed the Council concerning the status of the North
Substation project. Mayor Norris asked Mr. Smith to meet with Chief O'Neill and Mr. Knight
regarding this issue.
Page Fraser, 667 Lakeside Drive, requested Council amend the Code of Ordinances to allow residents
• to store larger motorhomes on their property or to allow more time for loading and unloading.
Consensus of Council was to review this issue at an upcoming Workshop session.
Minutes of Village Council Regular Session held July 23, 2009 Page 2 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2009-07 -BUSINESS TAX RATE AMENDMENT
Councilman Eissey moved that Ordinance 2009-07 entitled
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS,"
BY AMENDING ARTICLE II, "LOCAL BUSINESS TAX," SECTION 17-33, "BUSINESS TAX
SCHEDULE," TO REDUCE THE RATE OF BUSINESS TAXES FOR SECURITY AND
COMMODITY BROKERS AND TO CAP THE RATE OF BUSINESS TAXES FOR RETAIL
TRADE ESTABLISHMENTS; 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.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed
the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2009-07 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2009-08 -COMPREHENSIVE PAY
PLAN AMENDMENT
Councilman Eissey moved that Ordinance 2009-08 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE COMPREHENSIVE PAY AND CLASSIFICATION PLAN FOR FISCAL
YEAR 2008-2009 AS ADOPTED BY ORDINANCE NO. 2008-14 TO RECLASSIFY THE EXISTING
POLICE LIEUTENANT POSITIONS TO POLICE CAPTAIN POSITIONS; 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 clarified that the amendment is effective immediately.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed
the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2009-08 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2009-09 -AMENDING NUISANCE
ABATEMENT CODE
Councilman Eissey moved that Ordinance 2009-09 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 14, "IlEALTH AND SANITATION," OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON
PRIVATE PROPERTY," SECTION 14-79, "DEFINITIONS," TO INCLUDE VEHICLES, BOATS AND
BOAT TRAILERS WITHOUT CURRENT AND VALID TAGS OR REGISTRATIONS AS REQUIRED
BY STATE LAW WITHIN THE DEFINITION OF DEBRIS THEREBY PROHIBITING THEIR
• STORAGE ON PRIVATE PROPERTY UNLESS WITHIN AN ENCLOSED STRUCTURE AND NOT
VISIBLE AT GROUND LEVEL FROM ADJOINING PROPERTIES OR PUBLIC RIGHTS-OF-WAY;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted and enacted on second reading. Vice Mayor Manuel seconded the motion.
Draft Minutes of Village Council Regular Session held July 23, 2009 Page 3 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2009-09 -AMENDING NUISANCE
ABATEMENT CODE continued
• Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed
the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2009-09 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2009-10 - MODIFYING
CONDITIONS FOR LIVE OAK PLAZA ANNEXATION
Vice Mayor Manuel moved that Ordinance 2009-10 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ORDINANCE NO. 2008-10 TO MODIFY THE CONDITIONS FOR THE
ANNEXATION OF LIVE OAK PLAZA AND EXTEND THE DEADLINES RELATING TO
SIGNAGE AND THE INSTALLATION OF LANDSCAPING IMPROVEMENTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted and enacted on second reading. President Pro Tem Aubrey seconded the motion.
Mr. Knight reviewed the changes made to the ordinance at first reading, including changing the date
for conformance to the Master Signage Plan to 10/1/2010, and requiring completion of landscaping in
the Alternate Al A median within 30 days of the effective date of the ordinance.
Thereafter, the motion to adopt and enact Ordinance 2009-10 on second reading passed unanimously.
CONSENT AGENDA
Councilman Eissey moved to approve the consent agenda. Councilman Hernacki seconded the
motion, which passed unanimously. The following items were approved:
Receive Minutes of Planning Commission meeting held 4/7/09
Receive Minutes of Zoning Board of Adjustment meeting held 4/28/09
Receive Minutes of Planning Commission meeting held 5/5/09
Receive Minutes of Planning Commission meeting held 6/2/09
Receive Minutes of Planning Commission meeting held 7/7/09
RESOLUTION 2009-44 -TENTATIVE MILEAGE RATE
Vice Mayor Manuel moved that Resolution 2009-44 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A TENTATIVE MILEAGE RATE OF 7.4114 MILS FOR FISCAL YEAR
2009-2010; ESTABLISHING A DATE AND TIME FOR THE FIRST HEARING ON THE
TENTATIVE BUDGET AND PROPOSED MILEAGE RATE; AUTHORIZING THE VILLAGE
MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY
PROPERTY APPRAISER; AND PIaOVIDING FOR AN EFFECTIVE DATE
• be adopted. Councilman Eissey seconded the motion.
Mr. Knight noted that this is the tentative millage rate and may be reduced by Council during the
budget adoption process. The first public hearing on the budget will be at 7:30 p.m. on 9/10/09.
Thereafter, the motion to adopt Resolution 2009-44 passed unanimously.
Draft Minutes of Village Council Regular Session held July 23, 2009 Page 4 of 5
RESOLUTION 2009-45 -SUPPORTING GRAND JURY REPORT ON THE INVESTIGATION OF
PALM BEACH COUNTY GOVERNANCE AND PUBLIC CORRUPTION ISSUES -TABLED TO 8/27/09
• Councilman Eissey moved that Resolution 2009-45 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA SUPPORTING THE FINDINGS AND RECOMMENDATIONS OF THE PALM BEACH
COUNTY GRAND, JURY'S FINAL REPORT ON THE INVESTIGATION OF PALM BEACH
COUNTY GOVERNANCE AND PUBLIC CORRUPTION ISSUES; URGING THE BOARD OF
COUNTY COMMISSIONERS TO CREATE ACOUNTY-WIDE CONFLICT OF INTEREST AND
CODE OF ETHICS ORDINANCE AND AN INDEPENDENT OFFICE OF INSPECTOR GENERAL
OR CHIEF COMPLIANCE OFFICER WITH THE ABILITY TO OBTAIN RECORDS FROM ALL
PALM BEACH COUNTY GOVERNMENTAL ENTITIES FUNDED IN WHOLE OR IN PART WITH
COUNTY TAX DOLLARS AND TO PROVIDE A FUNDING MECHANISM FOR SUCH OFFICE;
PROVIDING FOR DISTRIBUTION AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion.
Mr. Knight noted that the State Attorney's office called for a Grand Jury investigation to review
specific areas of Palm Beach County governance and make appropriate recommendations for its
improvement. Mr. Knight detailed the five areas reviewed by the Grand Jury and noted that a
summary of its recommendations were included in the agenda backup materials.
Discussion ensued on the extent of the Grand Jury's recommendations aswell asthe possible cost of
implementation. It was noted that the Palm Beach County League of Cities has not taken any action
with respect to adopting a similar resolution, and additionally, that the county administrator prepared a
response to each of the recommendations contained in the report, which the Council may wish to
consider before adoption of this resolution.
Discussion took place concerning .language in the resolution regarding the Village Council "accepting"
the report. It was noted that Section 3 of the resolution lists the recommendations to be supported by
the Council, which were agreed to in concept by the County Commission this week. It was suggested
that the resolution be revised and brought back for further consideration.
Vice Mayor Manuel moved to table this matter to the next Regular Session. Councilman Hernacki
seconded the motion, which passed 4 - 1, with Vice Mayor Manuel, Councilman Hernacki, Councilman
Eissey, and Mayor Norris voting aye, and President Pro Tem Aubrey opposed.
TENNIS FACILITY CHANGE ORDER
Councilman Eissey moved to approve a change order in the amount of $18,012 for sidewalk demolition
and replacement at the Tennis Facility in accordance with Village policies and purchasing regulations.
President Pro Tem Aubrey seconded the motion.
Mr. Knight reported that sidewalks need to be installed parallel to the courts; however, this was not
provided for in the original scope of work and construction contract. Mr. Knight recommended Council
modify the scope of work through a change order with the current contractor, David Brooks Enterprises.
• Mr. Knight detailed the expanded scope of work and explained how the fair market value of the work
was determined. Mr. Knight advised the work is funded through a Florida Recreation Assistance Program
(FRDAP) grant.
Thereafter, the motion to approve the change order passed unanimously.
Draft Minutes of Village Council Regular Session held July 23, 2009 Page 5 of 5
VILLAGE COUNCIL MATTERS/REPORTS
Vice Mayor Manuel reported that the Palm Beach County League of Cities adopted a resolution
• requesting that Governor Crist and the Florida Legislature provide adequate funding and stronger
solutions for the problem of beach. erosion. Vice Mayor Manuel distributed a copy of the resolution
and requested Council consider a similar resolution at an upcoming meeting.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight notified Council of recent change orders for the Tennis Center, including $991 for the
installation of additional data and voice lines and a credit of $2,655 for door hardware. Mr. Knight
noted the target date of 9/1/09 for completion of the tennis center. Mr. Knight estimated costs for
installation of irrigation and landscaping at approximately $40,000. Mr. Knight reported a balance of
$28,155 in the budget for the tennis building. Mr. Knight provided details of other items to be
purchased, some of which are covered by grant funding. Mr. Knight reported a balance of $77,188 in
grant funds remaining after the appropriation for sidewalk demolition and construction.
After discussion, Council consensus was to authorize Mr. Knight to move forward with irrigation and
sodding. It was determined that Council will review the final landscape design at a Special Meeting on
8/12/09, in conjunction with its previously scheduled Budget Workshop meeting.
Mr. Knight announced that Lighthouse Bridge was reopened today; however, some additional, mostly
cosmetic repairs are needed, which will be addressed by the on-site contractor, C.E.M. Enterprises, Inc.
Mr. Knight advised that funding is available and the bridge will remain open while the work is done.
Brief discussion took place concerning status of filming for the movie `Turkles" at Lakeside Park.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:43 p.m.
Melissa Teal, CMC, Village Clerk
•