01-27-2011 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 27, 2011
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Len Rubin, Village Attorney
Jimmy Knight, Village Manager
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Manuel 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
Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regular Session held 1/13/11 were approved as written.
SECOND READING AND ENACMENT OF ORDINANCE 2011-01-SIGN CODE AMENDMENT
A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Norris to adopt and
enact on second reading Ordinance 2011-O1 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF
CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 6-117, "DESIGN, CONSTRUCTION, AND
LOCATION STANDARDS," TO EXEMPT INDIVIDUAL SIGNS IN MULTIPLE OCCUPANCY
PROJECTS WITH APPROVED SIGN CONCEPTS FROM PLANNING COMMISSION
APPROVAL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
The motion to ado t and enact Ordinance 2011-01 on second readin assed unanimousl .
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Minutes of Village Council Regular Session held January 27, 2011 Page 2 of 4
FIRST READING OF ORDINANCE 2011-02 -CODE AMENDMENT -PAIN MANAGEMENT CLINGS
• A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt on
first reading Ordinance 2011-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF
ORDINANCES TO IMPOSE ADDITIONAL RESTRICTIONS RELATING TO THE
DISTRIBUTION AND SALE OF CONTROLLED SUBSTANCES; AMENDING SECTION 45-2,
"DEFINITIONS," OF ARTICLE I, "IN GENERAL," TO ADD A DEFINITION FOR MEDICAL
OR DENTAL OFFICE OR CLINIC AND REVISE THE DEFINITIONS OF PHARMACY AND
DRUG STORE; AMENDING SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLAY
ZONING DISTRICT," OF ARTICLE III, "DISTRICT REGULATIONS," TO REVISE THE
DEFINITION FOR MEDICAL OR DENTAL OFFICE OR CLINIC; AMENDING SECTION 45-36,
"GENERAL PROVISIONS," OF ARTICLE III, "DISTRICT REGULATIONS," TO RESTRICT
ON-SITE DISPENSING OF CONTROLLED SUBSTANCES FOR MEDICAL OR DENTAL
OFFICES OR CLINICS AND TO IMPOSE LIMITATIONS ON THE NUMBER OF
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES FOR PHARMACIES AND DRUG
STORES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reviewed the changes made pursuant to Council discussion at its 1/13/2011 Workshop Session,
and related the percentage of Schedule II controlled substance prescriptions sold in pharmacies
located within the Village, as reported by CVS, Winships, and First Choice.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
A suggestion was made to require that the names of the physician and pharmacist be prominently
displayed on the door and updated within 10 days of any change. Mr. Rubin explained that because
registration requirements are covered by state statutes, the Village might be pre-empted from
imposing this requirement. Mr. Rubin will verify this issue prior to second reading.
Discussion ensued on the affidavit required by Section 45-36.5.(4). Mr. Rubin explained that the
affidavit would be included in the business tax receipt package for all medical and dental offices.
Thereafter, the motion to adopt Ordinance 2011-02 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2011-03 -POLICE AND FIRE PENSION PLAN AMENDMENT
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt on first
reading Ordinance 2011-03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V, "PENSION AND
CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF THE VILLAGE CODE
OF ORDINANCES TO REMOVE THE DECREASE IN THE COST OF LIVING ADJUSTMENT;
AMENDING SECTION 2-161, `BENEFIT;" PROVIDING FOR CODIFICATION; PROVIDING FOR
• SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted inclusion of the "high water mark" provision. Police and Fire Pension Board
Attorney Bonni Jensen reviewed the amendment.
Thereafter, the motion to adopt Ordinance 2011-03 on first reading passed unanimously.
Minutes of Village Council Regular Session held January 27, 2011 Page 3 of 4
FIRST READING OF ORDINANCE 2011-04 -CODE AMENDMENT -YARD WASTE
A motion was made by Councilman Gebbia and seconded by President Pro Tem Norris to adopt on
• first reading Ordinance 2011-04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 14, "HEALTH AND SANITATION," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14-31, "COLLECTION OF
RESIDENTIAL YARD WASTE," OF ARTICLE II, "GARBAGE, TRASH AND REFUSE," TO
LIMIT REGISTRATION AND YARD WASTE REMOVAL REQUIREMENTS TO
COMMERCIAL TREE TRIMMERS AND LANDSCAPE MAINTENANCE COMPANIES;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight confirmed that homeowner-generated yard waste would still be limited to eight cubic
yards on any scheduled collection day; however, commercial entities providing tree trimming or
landscape maintenance activities are required to remove all vegetative debris, regardless of the amount.
Thereafter, the motion to adopt Ordinance 2011-04 on first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Norris moved to approve the consent agenda. The motion was seconded by Vice
Mayor Aubrey and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of the Golf Advisory Board meeting held 1/10/2011
Receive for file Minutes ofthe Recreation Advisory Board meeting held 1/11/2011
RESOLUTION 2011-03 -OUTFACE PIPE REPAIR AND REPLACEMENT
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt
Resolution 2011-03 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE BID SUBMITTED BY JOHNSON - DAVIS INCORPORATED
FOR OUTFACE PIPE REPAIR AND REPLACEMENT AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Director of Public Works Wiley Livingston reviewed the project.
Thereafter, the motion to adopt Resolution 2011-03 passed unanimously.
RESOLUTION 2011-04 -JULY 4, 2011 FIREWORKS DISPLAY
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2011-04 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY PYROTECNICO OF FLORIDA,
LLC FOR THE JULY 4, 2011 FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held January 27, 2011 Page 4 of 4
RESOLUTION 2011-04 -JULY 4, 2011 FIREWORKS DISPLAY continued
Discussion ensued on contractual provisions regarding inclement weather. Director of Parks and
• Recreation Mark Hodgkins answered questions concerning the length of the show and the number
and size of fireworks shells.
Thereafter, the motion to adopt Resolution 2011-04 passed unanimously.
RESOLUTION 2011-OS -PUBLIC RISK MANAGEMENT OF FLORIDA BOARD OF DIRECTORS
REPRESENTATIVE AND ALTERNATE
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2011-OS entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPOINTING THE VILLAGE'S REPRESENTATIVE AND ALTERNATIVE
REPRESENTATIVE TO THE PUBLIC RISK MANAGEMENT OF FLORIDA ("PRM") BOARD
OF DIRECTORS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted that Public Risk Management of Florida (PRM) provides property and casualty
insurance coverage for the Village. Mr. Knight explained that as a Standard Member of PRM, the
Village is required to appoint a representative and alternate representative to the PRM Board of
Directors. Mr. Knight reported that at the time of its application, the Village designated Mayor Manuel
as its representative and Village Clerk Melissa Teal as its alternate representative.
Discussion ensued as to whether the representative could be listed as the Mayor or his designee.
Mr. Rubin advised the bylaws require the Village to appoint a representative and an alternate. Mr. Rubin
noted only Preferred Members have voting privileges; therefore, attendance is not mandatory.
Thereafter, the motion to adopt Resolution 2011-OS passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel reported a request from Palm Beach Gardens High School for a contribution to Project
Graduation. It was noted that this was not a budgeted item; however, the Village had contributed $500
in past years. By consensus, Council agreed to donate $500 from Council Contingency to Palm Beach
Gardens High School Project Graduation.
Councilman Hernacki expressed concern regarding a solicitation to his engineering firm from the
Seacoast Utility Authority (SUA) Employee Club for a contribution to its annual Christmas party.
Councilman Hernacki suggested the SUA Board of Directors might wish to consider having SUA be
subject to oversight by the Palm Beach County Ethics Commission. Mr. Knight will address the
solicitation issue with SUA Executive Director Rim Bishop, and consult with SUA counsel regarding
oversight by the Ethics Commission and/or Inspector General.
Councilman Hernacki announced his candidacy for re-election to the Village Council.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:15 p.m.
Melissa Teal, CMC, Village Clerk