02-10-2011 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
FEBRUARY 10, 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, CMG, 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
President Pro Tem Norris gave the invocation and Councilman Hernacki led the public in the Pledge
of Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Manuel proclaimed the month of February 2011 as Library Lovers Month in the Village of
North Palm Beach. Library Director Betty Sammis was present to receive the proclamation.
APPROVAL OF MINUTES
The minutes ofthe Regular Session held 1/27/11 were approved as written.
SECOND READING AND ENACMENT OF ORDINANCE 2011-02 -CODE AMENDMENT -
PAIN MANAGEMENT CLINGS
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and
enact on second 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.
Minutes of Village Council Regular Session held February 10, 2011 Page 2 of 5
SECOND READING AND ENACMENT OF ORDINANCE 2011-02 -CODE AMENDMENT -
PAIN MANAGEMENT CLINGS continued
• Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Discussion ensued on the suggestion to require that names of physicians and pharmacists be displayed
on the door of medical or dental offices and clinics. Mr. Rubin advised that this condition was not
included in the ordinance, since it is covered by the strict registration requirements imposed by State law.
Thereafter, the motion to adopt and enact Ordinance 2011-02 on second reading passed unanimously.
SECOND READING AND ENACMENT OF ORDINANCE 2011-03 -POLICE AND FIRE
PENSION PLAN AMENDMENT
A motion was made by Councilman Hernacki and seconded by Councilman Gebbia to adopt and enact
on second 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.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-03 on second reading passed unanimously.
SECOND READING AND ENACMENT OF ORDINANCE 2011-04 -CODE AMENDMENT -
YARD WASTE
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt and enact
on second 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.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-04 on second reading passed unanimously.
Minutes of Village Council Regular Session held February 10, 2011 Page 3 of 5
SPECIAL USE PERMIT APPROVED FOR NINO PASTRY FACTORY. LLC
• A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to approve
an application for Special Use Permit to allow Nino Pastry Factory, LLC to operate a wholesale. and
retail bakery establishment at 9249 Alternate AlA as a similar use to those permitted within the C-2
Commercial zoning district, subject to certain conditions and in accordance with Village policy.
Mr. Knight detailed conditions of the special permit, which include:
• Hours of operation limited to 5:00 a.m. to 9:00 p.m., seven days a week
• All deliveries and wholesale distribution of products shall be made to the rear of the premises,
and shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
• No overnight delivery truck parking
Mayor Manuel opened the public. hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to approve a Special Use Permit for Nino Pastry Factory, LLC passed unanimously.
CONSENT AGENDA
Councilman Gebbia moved to approve the consent agenda. The motion was seconded by President
Pro Tem Norris and passed unanimously. The consent agenda included the following items:
Receive for file Minutes ofthe General Employees Pension Board meeting held 11/4/2010
Receive for file Minutes ofthe Ad Hoc Business Advisory Committee meeting held 1/5/2011
Receive for file Minutes ofthe Waterways Boazd meeting held 1/18/2011
Receive for file Minutes ofthe Library Advisory Boazd meeting held 1/25/2011
RESOLUTION 2011-06 -HERITAGE DAY AMUSEMENT RIDES CONTRACT
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2011-06 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BIG FUN, INC. FOR HERITAGE
DAY 2011 AMUSEMENT RIDES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR
AN EFFECTIVE DATE.
It was suggested that staff consider holding atwo-day event in the future. Thereafter, the motion to
adopt Resolution 2011-06 passed unanimously.
RESOLUTION 2011-07 -RECREATION DEPARTMENT VEHICLE PURCHASE
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt
Resolution 2011-07 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF A 2011 CHEVROLET
EQUINOX FROM BARTOW CHEVROLET PURSUANT TO THE FLORIDA SHERIFFS
ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS'
ASSOCIATION BID SPECIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held February 10, 2011 Page 4 of 5
RESOLUTION 2011-07 -RECREATION DEPARTMENT VEHICLE PURCHASE continued
Mr. Knight requested that Council amend the resolution to declare one 2002 Chevrolet utility vehicle,
• VIN 1GNCS13WX2K166912, as surplus property and authorize its disposal in accordance with
Village policy.
Vice Mayor Aubrey moved to amend the resolution as requested. Councilman Gebbia seconded the
motion, which passed unanimously.
Thereafter, the motion to adopt Resolution 2011-07, as amended, passed unanimously.
RESOLUTION 2011-08 -POOL PUMP ROOM REPAIR CONTRACT
A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to adopt
Resolution 2011-08 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE BID SUBMITTED BY ALL-SITE CONSTRUCTION, INC. FOR
THE REMOVAL AND REPLACEMENT OF THE POOL EQUIPMENT ROOM ROOF SLAB AT
THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE
2010-2011 BUDGET FOR THE PURPOSE OF TRANSFERRING $55,000 FROM
APPROPRIATED FUND BALANCE DERIVED FROM DEVELOPER RECREATION FEES TO
THE POOL CONSTRUCTION AND MAJOR RENOVATION ACCOUNT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion ensued regarding the entire cost of the project, including engineering. Mr. Knight noted
that the work is a total rehab of the pool pump room and includes waterproofing and new entrance
gates in addition to replacement of the roof slab. It was requested that Mr. Knight provide Council
with the total amount spent for all the projects undertaken to refurbish and improve the pool facility.
It was noted that the pool will be closed for approximately three months, and discussion took place
regarding reciprocal memberships, extension of memberships, and rescheduling of special events.
Lamar Matthews was present on behalf of All-Site Construction, Inc. Discussion took place
regarding specific methods of construction and materials. Mr. Matthews agreed that, if possible,
All-Site would implement recommendations regarding the structural steel columns and waterproofing
membrane. Mr. Knight advised that contingency funds have been set aside for the project and
Council would be notified of any contract change orders in accordance with Village purchasing policies.
Thereafter, the motion to adopt Resolution 2011-08 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel reported on the meeting of the Inspector General Ordinance Drafting Committee held
2/9/2011. Mayor Manuel noted that the Village's portion of the cost to fund the Offiice of the Inspector
• General is projected to be $18,000 annually.
Mayor Manuel congratulated President Pro Tem Norris and Councilman Hernacki on their re-election
to the Village Council.
Minutes of Village Council Regular Session held February 10, 2011 Page 5 of 5
MAYOR AND COUNCIL MATTERS/REPORTS continued
Vice Mayor Aubrey requested an estimate of the cost to install new street signs only on the main
• thoroughfares, to include U.S. Highway 1, Prosperity Farms Road, Lighthouse Drive, and Northlake
Boulevard. Mr. Knight estimated the cost at approximately $68,000 for the specified streets, versus
approximately $275,000 for all intersections within the Village. Mayor Manuel, President Pro Tem
Norris, Councilman Hernacki, and Councilman Gebbia were in favor of moving forward with new
street signs Village-wide. Council expressed interest in continuing to receive feedback from
residents about the proposed street signs.
Councilman Hernacki requested an update on the status of re-striping the Lighthouse Drive and
Prosperity Farms Road crosswalks. Mr. Knight will check on the status of the work.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported on the successful Business Forum held 2/8/2011. Mr. Knight applauded the
Village Council for its leadership, and commended Community Development Director Chuck Hui
Village Planner Jodi Nentwick, and Executive Secretary Erica Shannon for their efforts in
coordinating the event.
Mr. Knight reported on the status of the draft Comprehensive Annual Financial Report (CAFR).
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:37 p.m.
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Melissa Teal, CMC, Village Cl rk
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