04-14-2011 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• APRIL 14, 2011
Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
William L. Manuel, 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 Aubrey called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Gebbia gave the invocation and Councilman Hernacki led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regular Session held 3/2411 were approved as written.
2ND READING AND ENACTMENT OF ORDINANCE 2011-OS - NORTHLAKE BOULEVARD
OVERLAY ZONING DISTRICT
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt
and enact on second reading Ordinance 2011-OS entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF
APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES, "ZONING," BY
AMENDING SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLY ZONING
DISTRICT (NBOZ)," TO EXTEND THE COMPLIANCE DEADLINE FOR NON-CONFORMING
LANDSCAPING AND SIGNS; PROVIDING FOR NOTIFICATION TO PROPERTY
OWNERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
Mr. Knight noted an amendment to the ordinance resulting from the 3/28/11 Northlake Boulevard
Task Force meeting, at which it was mutually agreed that the landscape and compliance deadlines of
the respective jurisdictions should be the same, and a compliance date of 5/31 /2014 was recommended.
Mayor Aubrey opened the public hearing. With no comments from the public, Mayor Aubrey
• closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-OS on second reading passed unanimously.
Minutes of Village Council Regular Session held Apri114, 2011 Page 2 of 4
2ND READING AND ENACTMENT OF ORDINANCE 2011-06 -VILLAGE MANAGER
RESIDENCY REQUIREMENT
• A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt and enact on second reading Ordinance 2011-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE IV, "MANAGER," OF CHAPTER 2,
"ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 2-115, "RESIDENCY," TO ALLOW A MAJORITY OF THE MEMBERS OF THE
VILLAGE COUNCIL TO WAIVE THE VILLAGE RESIDENCE REQUIREMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
Mr. Knight requested that Council consider amending Section 2-115 of the Village Code of
Ordinances as it relates to residency requirements for the position of Village Manager.
Mayor Aubrey opened the public hearing. Ed Moore, 2621 Conroy Drive, expressed his views
that the Village Manager violated the terms of his employment agreement; the Charter requires the
Village Manager to live by the policies of the Village; concern that Village funds were used to
have draft legislation prepared prior to public discussion with Council. There being no further
public comment, Mayor Aubrey closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-06 on second reading passed unanimously.
2ND READING AND ENACTMENT OF ORDINANCE 2011-07 -BUDGET AMENDMENT -
STREET SIGN REPLACEMENT PROJECT
A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt
and enact on second reading Ordinance 2011-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2010-2011
TO APPROPRIATE $270,819.00 TO FUND THE REPLACEMENT OF VILLAGE STREET
SIGNS AND STOP SIGNS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Aubrey opened the public hearing. With no comments from the public, Mayor Aubrey
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-07 on second reading passed unanimously.
CONSENT AGENDA
Vice Mayor Norris moved to approve the consent agenda. The motion was seconded by President
Pro Tem Manuel and passed unanimously. The consent agenda included the following items:
• Receive for file Minutes ofthe Ad Hoc Business Advisory Committee meeting held 2/2/2011
Receive for file Minutes of the Audit Committee meeting held 2/23/2011
Receive for file Minutes of the Golf Advisory Board meeting held 3/14/2011
Receive for file Minutes of the Library Advisory Board meeting held 3/22/2011
Minutes of Village Council Regular Session held Apri114, 2011 Page 3 of 4
RESOLUTION 2011-13 ADOPTED -CONTRACT FOR REMOVAL AND REPLACEMENT
OF STREET SIGNS
• A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-13 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY THE BARON GROUP, INC.
D/B/A BARON SIGN MANUFACTURING FOR THE REMOVAL AND REPLACEMENT OF
VILLAGE STREET SIGNS AND STOP SIGNS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that the lowest qualified bidder was The Baron Group, Inc., d/b/a Baron Sign
Manufacturing, at a base bid of $246,198.06. Mr. Knight reported that the company has
performed similar work for other governmental entities including the Palm Beach County School
District, the City of Orlando, and the Jacksonville International Airport.
Regarding discussion at the 3/24/11 Regular Session concerning a potential conflict due to
previous legal action between Hernacki Engineering and Baron Signs, Mr. Rubin reviewed Florida
Statutes and Ethics Commission opinions and advised that there is no voting conflict.
Discussion took place regarding the warranty (two years) and durability of the sign. Community
Development Director Chuck Huff advised there are no installation issues pertaining to
underground utilities and no engineering services are required.
For the record, Mayor Aubrey stated that he feels the signs are attractive and appropriate for the
major thoroughfares; however, for use in the neighborhoods, not as appropriate or in keeping with
the character of the Village as the old concrete signs.
Thereafter, the motion passed 4 - 1, with President Pro Tem Manuel, Councilman Hernacki, Vice
Mayor Norris, and Councilman Gebbia voting in favor, and Mayor Aubrey opposed.
RESOLUTION 2011-14 ADOPTED - SHOPPES AT CITY CENTRE CPUD MODIFICATION
A motion was made by Councilman Hernacki and seconded by President Pro Tem Manuel to
adopt Resolution 2011-14 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA CLARIFYING AND CORRECTING THE WAIVERS FOR THE MAJOR
TENANT SIGNS AND THE SHOPPING CENTER IDENTIFICATION SIGN WITHIN THE
SHOPPES AT CITY CENTRE COMMERCIAL PLANNED UNIT DEVELOPMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that Urban Design Kilday Studios is seeking to correct the waiver language to
coincide with that of the design elevations, and the request only addresses internal inconsistencies
• within the approved plans and does not modify the height or size of the buildings or change the
proposed size or number of signs.
Thereafter, the motion to adopt Resolution 2011-14 was approved unanimously.
Minutes of Village Council Regular Session held Apri114, 2011 Page 4 of 4
RESOLUTION 2011-15 ADOPTED -MANAGER RESIDENCY REQUIREMENT WAIVER
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris. to adopt
• Resolution 2011-15 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, WAIVING THE RESIDENCE REQUIREMENT FOR THE VILLAGE MANAGER;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted that Ordinance 2011-06 affects the Village Manager position now and in future;
however, the resolution is specific to his current contract. Mr. Knight stated Council approval
would amend his employment agreement and allow him to reside outside the Village.
Mr. Knight announced his retirement, effective July 1, 2011, due to health concerns. Mr. Knight
expressed deep appreciation to Council for its unwavering support, and gratitude for the confidence
Council has placed in him. Mr. Knight acknowledged the untiring commitment of Village staff to
the community, and expressed gratitude for their faith and loyalty.
Mayor Aubrey reflected on the exemplary condition of the Village: debt free; significant financial
reserves; reductions in ad valorem taxes for the last three years; improvements to parks and
recreational facilities; beautiful, well-maintained appearance. Mayor Aubrey noted the hard work
and efforts of Mr. Knight and thanked Mr. Knight on behalf of the Council and residents.
Council expressed its appreciation to Mr. Knight for his leadership and team building skills, which
have resulted in superior service levels and aesthetics in North Palm Beach.
Thereafter, the motion to adopt Resolution 2011-15 passed unanimously. A Special Meeting will
be scheduled to discuss the process for selection of a new Village Manager.
VILLAGE COUNCIL MATTERS/REPORTS
Mayor Aubrey commended Parks and Recreation Director Mark Hodgkins and Food and
Beverage Director Keith Riolino for a great Heritage Parade and Festival.
President Pro Tem Manuel recognized Chief O'Neill for his presentation at the Commission on
Accreditation for Law Enforcement Agencies, Inc. (CALEA) public hearing and his efforts to
ensure re-accreditation of the North Palm Beach Department of Public Safety.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reviewed Ranger Construction's request to work nights on the Northlake Boulevard
re-milling and resurfacing project. Mr. Knight reported that the members of the Northlake
Boulevard Task Force collectively agreed to allow re-milling and resurfacing to take place during
evening hours. Mr. Knight related the contractor's promise to discontinue night work, should the
construction prove too disruptive to residents. With no objection from Council, Mr. Knight will
notify the contractor of conditional approval.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:15 p.m.
Melissa Teal, CMC, Village Clerk