10-22-2009 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 22, 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
Len Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 9:15 a.m. All members of Council were present. All
members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Hernacki gave the invocation. Mayor Norris introduced St. Clare School Third
Grade students Tatiana Salloum and Lily Uvanile, who led the public in the Pledge of Allegiance
to the Flag.
AWARDS AND RECOGNITION
Mayor Norris recognized the Third Grade Class from St. Clare School in North Palm Beach,
accompanied by teachers Pam McDowell and Louise Waterfield. Mayor Norris thanked the
students for attending the meeting as part of their study of local government.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 10/8/09 were approved as written.
STATEMENTS FROM THE PUBLIC
Will Savory, St. Clare School, asked Council if North Palm Beach has a sister city. Liam Cortez,
St. Clare School, asked why North Palm Beach has aMayor-Council form of government. Mayor
Norris responded that North Palm Beach does not have a sister city. Mayor Norris explained the
council-manager form of government and the council-weak mayor form of government, which was
chosen when North Palm Beach was founded over 50 years ago.
AGENDA DELETION -WORKSHOP -COUNTRY CLUB RESTAURANT LEASE AGREEMENT
Mayor Norris announced that Workshop Agenda item 2.a, Peas and Carrots Catering d/b/a
• Continental Catering Lease Agreement was removed from the agenda; therefore, the Workshop
Session would not be held.
Minutes of Village Council Regular Session held October 22, 2009 Page 2 of 5
FIRST READING OF ORDINANCE 2009-16 -AMENDING NOTICE REQUIREMENTS
• FOR LAND USE CHANGES
Councilman Eissey moved to adopt on first reading Ordinance 2009-16 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING AND DEVELOPMENT,"
ARTICLE I, "IN GENERAL," OF THE VILLAGE CODE OF ORDINANCES TO ENACT A
NEW SECTION 21-3, "PUBLIC NOTICE REQUIREMENTS FOR DEVELOPMENT ORDER
APPLICATIONS AND APPROVALS;" AMENDING SECTIONS 5-86, 6-111, 21-21, 45-35.1,
45-49 AND 45-50 OF THE VILLAGE CODE OF ORDINANCES TO INCORPORATE THE
PUBLIC NOTICE REQUIREMENTS AND TO UPDATE THE TERMINOLOGY;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel seconded the motion.
Discussion ensued on the dates to post notice for Planning Commission, Zoning Board of
Adjustment, and Village Council public hearings. Thereafter, the motion to adopt Ordinance
2009-16 on first reading passed unanimously.
CONSENT AGENDA
Vice Mayor Manuel moved to approve the consent agenda. Councilman Eissey seconded the
motion, which passed unanimously. The following items were approved:
Receive Minutes of Golf Advisory Board meeting held 9/14/09
Receive Minutes of Recreation Advisory Board meeting held 10/13/09
RESOLUTION 2009-61 - OPPOSING PROPOSED CHANGES TO INTRACOASTAL
WATERWAY BOATING SPEED ZONES
Vice Mayor Manuel moved to adopt Resolution 2009-61 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, OPPOSING THE RECOMMENDED CHANGES TO THE BOATING
RESTRICTED AREAS WITHIN THE INTRACOASTAL WATERWAY BETWEEN THE
PGA BOULEVARD BRIDGE AND THE PARKER BRIDGE; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE
Councilman Hernacki seconded the motion.
Discussion took place on Section 2 regarding supporting extension of the existing idle-speed/no wake
zone west of the Parker Bridge. Mr. Rubin noted that the Waterways Board recommendation
• indicated the Board had no objection to extending the idle-speed/no wake zone west of the
Parker Bridge. Council concurred, and thereafter, the motion to adopt Resolution 2009-61
passed unanimously.
Minutes of Village Council Regular Session held October 22, 2009 Page 3 of 5
RESOLUTION 2009-62 -ANNUAL STREET PAVING CONTRACT
• Vice Mayor Manuel moved to adopt Resolution 2009-62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AWARDING A CONTRACT TO CHARLES S. WHITESIDE, INC. TO
PROCEED WITH THE OVERLAY PAVING OF VILLAGE STREETS AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
Councilman Eissey seconded the motion.
Mr. Knight reported that 12 streets and 2 service alleys were scheduled for overlay in the current
fiscal year. Mr. Knight noted that this completes the ten-year program to overlay all Village streets.
Discussion ensued on the service alley east of U.S. Highway 1 behind Bank of America,
maintaining the speed humps on Lorraine Court, Conroy Drive, and Honey Road, start date and
completion date for construction, and when the program would re-start. Public Works Director
Wiley Livingston advised that the service alley behind the bank was done during the ten-year
program. Mr. Livingston reported it was cut up during construction of a Seacoast Utility Authority
force main; however, the street is functionally sound. It was requested that the service alley be
incorporated into a future overlay plan. Mr. Livingston stated the contractor would maintain the
speed humps on Lorraine Court, Conroy Drive, and Honey Road, remove any loose material, and
stabilize the micro-surfacing. Mr. Livingston anticipated a 2-3 year hiatus before the overlay program
starts over. Mr. Rubin addressed the contract provisions for starting and completing the project.
Thereafter, the motion to adopt Resolution 2009-62 passed unanimously.
FINAL CLOSEOUT OF TENNIS FACILITY PROJECT
Vice Mayor Manuel moved to authorize final closeout of the Tennis Facility project and final
payment to David Brooks Enterprises in the amount of $35,079 in accordance with Village
policies. Councilman Eissey seconded the motion.
Mr. Knight reviewed change orders for the project, and reported that the total cost of
construction was $350,790. Mr. Knight noted that the covered porches, sidewalks, drinking
fountains, and walkways were provided for through Florida Recreation Assistance Program (FRDAP)
grant funds. It was noted that the Tennis Facility project was financed through developer fees
from the Domani project and FRDAP grant funds.
Thereafter, the motion to authorize final closeout and final payment passed unanimously.
FINAL CLOSEOUT OF LIGHTHOUSE BRIDGE REPAIR PROJECT
Vice Mayor Manuel moved to authorize final closeout of the Lighthouse Drive Bridge Repair
project and final payment to C.E.M. Enterprises in the amount of $24,560 in accordance with
Village policies. Councilman Eissey seconded the motion.
Discussion ensued on the anticipated life of the repair work. Public Works Director Wiley Livingston
concurred with aten-year estimate, based on the repairs and restrictions imposed on traffic
allowed over the bridge.
Thereafter, the motion to authorize final closeout and final payment passed unanimously.
Minutes of Village Council Regular Session held October 22, 2009 Page 4 of 5
RESOLUTION 2009-63 -BUDGET AMENDMENT -CAPITAL PROJECTS
• Vice Mayor Manuel moved to adopt Resolution 2009-63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A BUDGET AMENDMENT FOR THE PURPOSE OF TRANSFERRING UNUSED
CAPITAL EXPENDITURE MONEY TO THE CAPITAL PROJECTS FUND FOR USE
DURING THE 2009-10 FISCAL YEAR; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE
President Pro Tem Aubrey seconded the motion.
Mr. Knight reviewed the capital project items to be carried over from the 2009 fiscal year.
Mr. Knight clarified that the budget amendment reduces the amount of surplus that will be
realized from the FY2009 Budget.
MAYOR AND COUNCIL MATTERS
Village Clerk Melissa Teal reminded Council that those planning to attend the Florida League of
Cities Annual Legislative Conference in November should notify the Clerk's office no later than
Monday in order to meet the registration deadline. Vice Mayor Manuel and President Pro Tem
Aubrey indicated the dates they plan to attend the conference.
Discussion ensued on the proposed countywide wellness initiative and a request by the Board of
County Commissioners, School District, and Palm Beach County League of Cities to make a
donation in support of the campaign. It was requested that Mr. Rubin verify that contributing to
this effort would not conflict with the provisions of SB216. Additionally, more information on
the initiative was requested before this issue comes back for Council action.
Vice Mayor Manuel reported on the presentation given by him and Mayor Norris to a Roosevelt
Middle School 7th Grade class in conjunction with Florida City Government Week.
Councilman Eissey asked the staff and department heads to stand and introduce themselves and
give the students a brief explanation of their jobs. Councilman Eissey explained the Village's
advisory boards and committees.
VILLAGE MANAGER MATTERS
Mr. Knight reported that Florida Department of Transportation (FDOT) would begin work on the
Parker Bridge project on 11/2/09; however, no disruption of traffic is expected until after
Thanksgiving. Mr. Knight advised the Village is working with FDOT's construction manager,
PCL, to ensure that the annual holiday boat parade will not be adversely impacted by the work.
Mr. Knight reported on the search for a new Director of Golf.
i Mr. Knight presented Council with a National Flood Insurance Program award received from
FEMA. Mr. Knight advised the award is due to the Village's flood plain management and citizen
outreach program, which resulted in an approximately 15% reduction in insurance premiums to
residents in specific flood-prone areas, and a reduction in our community rating from 8 to 7.
Minutes of Village Council Regular Session held October 22, 2009
Page 5 of 5
Councilman Eissey recognized the teachers and parents attending the meeting with the students.
On behalf of the Villa a Counci Ma or Norris presented a Certificate of Appreciation to
g 1, Y
Ms. McDowell and Ms. Waterfield. Mayor Norris thanked the St. Clare School Third Grade Class
for their attendance, interest, and participation.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:10 a.m.
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Melissa Teal, CMC, Village Clerk
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