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05-12-2011 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 12, 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 Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Aubrey presented Larry and Mary Camerlengo with a Key to the Village of North Palm Beach, in recognition of their patriotic and meritorious service to the North Palm Beach Support Our Troops Program. APPROVAL OF MINUTES The minutes of the Special Session held 4/25/11, the Special Session held 4/28/11, and the Regulaz Session held 4/28/11 were approved as written. STATEMENTS FROM THE PUBLIC On behalf of the Old Port Cove Property Owners Association, Thomas Anastasi, President, Louis Daniello, Vice President-Treasurer, and Patricia Freedman presented a Commendation to Village Manager Jimmy Knight for his service to the residents, guests, and employees of Old Port Cove. SECOND READING AND ENACTMENT OF ORDINANCE 2011-08 -BUDGET AMENDMENT - CONIMUNITY DEVELOPMENT SOFTWARE A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2011-08 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 $89,222.00 TO FUND THE PURCHASE OF COMMUNITY DEVELOPMENT DEPARTMENT SOFTWARE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT ON BEHALF OF THE • VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Aubrey opened the public heazing. There being no comments from the public, Mayor Aubrey closed the public heazing. Thereafter, the motion to adopt and enact Ordinance 2011-08 on second reading passed unanimously. Minutes of Village Council Regular Session held May 12, 2011 Page 2 of 4 FIRST READING OF ORDINANCE 2011-09 -CODE AMENDMENT -IMPLEMENTING STANDARDS FOR PORTABLE STORAGE CONTAINERS AND ROLL-OFF DUMPSTERS A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2011-09 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 BY AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO REGULATE THE USE OF PORTABLE STORAGE CONTAINERS AND ROLL-OFF CONSTRUCTION DUMPSTERS IN ALL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight noted a revision to subsection (5)c to allow extensions due to ongoing construction lasting longer than 180 days. Discussion ensued regarding permit fees, allowable number of portable storage containers (PODs) onsite atone time, allowable number of PODs per year, and location of PODs and dumpsters. By consensus, Council agreed to waive the permit fee for aroll-off dumpster when there is an active building permit for the property; allow PODs for seven days before a permit is required; allow more than one POD per property per year in the case of change in owner or resident It was noted that the permit fee would be nominal to cover administrative costs, with the fee to be approved by resolution. Regarding allowing dumpsters in the swale, Community Development Director Chuck Huff explained that dumpsters would not be allowed in the Swale for the entire period of construction, but could be placed in the Swale at closeout of construction, subject to permission of the Community Development Director. It was clarified that more than one POD would be allowed during the time a permit is not required; however, a permit would not be issued for more than one POD. Thereafter, the motion to adopt Ordinance 2011-09 on first reading passed unanimously FIRST READING OF ORDINANCE 2011-10 COMMERCIAL AND INDUSTRIAL PLANNED UNIT DEVELOPMENTS A motion was made by President Pro Tem Manuel, and seconded by Councilman Hernacki, to adopt on first reading Ordinance 2011-10 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 45-35.1, "PLANNED UNIT DEVELOPMENT," TO DECREASE THE MINIMUM SIZE FOR ALL COMMERCIAL PLANNED UNIT DEVELOPMENTS TO ONE ACRE, TO CLARIFY THAT THE SUBDIVISION CODE APPLICATION REQUIREMENTS DO NOT APPLY TO COMMERCIAL PLANNED UNIT DEVELOPMENTS, AND TO • PROVIDE FOR INDUSTRIAL PLANNED UNIT DEVELOPMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Ordinance 2011-10 on first reading passed unanimously. Minutes of Village Council Regular Session held May 12, 2011 Page 3 of 4 CONSENT AGENDA Vice Mayor Norris moved to approve the consent agenda. The motion was seconded by • Councilman Hernacki and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the General Employees Pension Board meeting held 3/16/11 Receive for file Minutes of the Ad Hoc Business Advisory Committee meeting held 4/6!11 Receive for file Minutes of the Waterways Board meeting held 4/19/11 Recommendation: "Change 5-84.5 to Docks, fixed and floating, in the North Palm Beach Waterway, shall extend a maximum of ten(10') feet out from the face of the bulkhead wall" (see WS Agenda #2.a) Recommendation: that Village Council "send a letter of support for the establishment of sanctuary regulations but not to include fishing pier in boundary" Receive for file Minutes of the Library Advisory Board meeting held 4/26/11 RESOLUTION -COMMUNITY DEVELOPMENT DEPARTMENT SOFTWARE -REMOVED Mayor Aubrey announced that this item had been removed from the agenda. RESOLUTION 2011-17 -ENGINEERING SERVICES AGREEMENT A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt Resolution 2011-17 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTINUING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH ENGENUITY GROUP, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Engineer Keith Jackson was present on behalf of Engenuity Group, Inc. Discussion took place regarding liability insurance. Mr. Rubin confirmed that except for professional liability, the Village is included as an additional named insured on general liability insurance policies of Engenuity Group, Inc. and its subcontractors and subconsultants. Thereafter, the motion to adopt Resolution 2011-17 passed unanimously. RESOLUTION 2011-18 -INDEPENDENT AUDITOR AGREEMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-18 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXTENDING THE VILLAGE'S AGREEMENT WITH NOWLEN, HOLT & MINER, P.A. FOR INDEPENDENT ANNUAL AUDITING SERVICES; APPROVING A FIRST AMENDMENT TO AGREEMENT FOR AUDITING SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR • CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton was present on behalf of Nowlen, Holt & Miner, P.A. Mr. Rubin confirmed that renewal is at the option of the Village, and that extension of the agreement meets Village purchasing regulations. Mr. Rubin advised that this procurement is statutorily mandated. Thereafter, the motion to adopt Resolution 2011-18 passed unanimously Minutes of Village Council Regular Session held May 12, 2011 Page 4 of 4 RESOLUTION 2011-19 -ACCOUNTING POLICIES AND PROCEDURES MANUAL A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt • Resolution 2011-19 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A REVISED AND UPDATED ACCOUNTING POLICIES AND PROCEDURES MANUAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that the auditors recommended certain changes to the Accounting Policies and Procedures Manual, including establishing capitalization thresholds in accordance with the GASB 2001 Guidance Statement #34, and setting a dollar threshold of $2,000, above which food and beverage inventory purchases would require approval of the Village Manager before an order is initiated. Mr. Knight explained that staff identified other policies and procedures that were no longer applicable or had been amended but not incorporated into the manual; therefore, the manual had been updated to include current procedures as well as the modifications recommended by the auditors. Mr. Knight reported that the revised document was reviewed by Nowlen, Holt & Miner, P.A. to ensure that it corresponds with their recommendations and supports best accounting principles. Mr. Knight clarified that restaurant purchases over $2,000 require three quotes as well as Village Manager approval. Thereafter, the motion to adopt Resolution 2011-19 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey noted the recommendation of the Waterways Board regarding a proposed marine sanctuary in the area of the Blue Heron Bridge that would permit fishing and diving and provide for diving safety. Councilman Gebbia explained the intent of the sanctuary is to preserve unique species offish and animals by precluding their collection for commercial sale. Waterways Board member Jerry Sullivan reported the proposed sanctuary would be under the jurisdiction of Palm Beach County and advised that the Waterways Board supported a sanctuary; however it expressed concern that draft regulations could be interpreted to prohibit fishing from the pier, which the Board felt should be allowed to ~ntinue. Mr. Sullivan stated board member Bill Hipple is researching the matter. Council requested more information before taking action on the recommendation. President Pro Tem Manuel gave a public apology to Mark Griffith. At the Special Session held 4/28/2011, at which Council made appointments to Village boards, President Pro Tem Manuel noted he incorrectly stated that Mr. Griffith had missed four meetings, when in fact it had been Mr. Mathison, whose name was directly below Mr. Griffith's on the report provided to Council. President Pro Tem Manuel wanted to acknowledge publicly Mr. Griffith's perfect attendance record. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:37 p.m. ~ ~~~~ Melissa Teal, CMC, Village Clerk