11-10-2011 VC REG-M MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 10, 2011
• Present: Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
T.R. Hernacki, P.E., Councilman
William L. Manuel, President Pro Tern
Robert A. Gebbia, Councilman
Leonard Rubin, Village Attorney
James Titcomb, 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 staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Hernacki gave the invocation and Mayor Aubrey led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the Regular Session held 10/27/11 were approved as written.
AWARDS AND RECOGNITION
Mr.Titcomb introduced David Naumann,the new Director of Food and Beverage at the Country Club.
STATEMENTS FROM THE PUBLIC
State Representative Pat Rooney, District 83, addressed the Council concerning redistricting and
other issues to be considered during the legislative session.
DECLARATION OF EX PARTE COMMUNICATIONS
Councilman Hemacki reported a telephone call with Collene Walter of Urban Design Kilday Studios,
regarding the height of the Yacht Club building in the Old Port Cove South Marina CPUD.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-20 — OLD PORT COVE
SOUTH MARINA CPUD
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2011-20 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT TO
BE KNOWN AS "OLD PORT COVE SOUTH MARINA" ON APPROXIMATELY 2.28
ACRES OF REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND NORTH
• OF THE LAKE WORTH INLET, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH
THE PLANS, SPECIFICATION, WAIVERS AND CONDITIONS REFERENCED IN THIS
ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held November 10, 2011 Page 2 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2011-20 — OLD PORT COVE
SOUTH MARINA CPUD continued
• Collene Walter and Marty Minor, Urban Design Kilday Studios; Kyle Duncan, Simmons &White;
Chris Benvenuto, Gunster, Yoakley; and Stewart; and Rick Morgan, Old Port Cove Holdings, Inc.,
were present to answer questions about the project.
Ms. Walter reported receipt of an updated letter from the Village's transportation consultant,
McMahon Associates, Inc., as requested by Council at first reading of the proposed ordinance.
Ms. Walter reviewed revisions to Section 8.0 of Ordinance 2011-20, which allows for a minor
increase in height of the Yacht Club building in conjunction with the permitting process for the
replacement of the roof and mechanical equipment. Ms. Walter gave a presentation on the
existing roof and proposed changes.
Mayor Aubrey opened the public hearing.
Gary Pires, 120 Lakeshore Drive, addressed the Council regarding concerns with the height and
color of the Yacht Club building roof. Mr. Pires requested that the Property Owners Association
be notified if the increase in roof height exceeds four feet.
Mayor Aubrey closed the public hearing.
Discussion ensued on the proposed change in the approval process to allow staff level approval
of a height increase up to four feet, without requiring review and approval by the Planning
Commission or Village Council.
Discussion took place on the maximum allowable increase in roof height that may be approved
at the staff level. It was suggested that the Planning Commission, through the Certificate of
Appropriateness process, review and approve any increase in excess of one foot in the overall
building height, necessitated by the roof replacement and 'installation of mechanical systems;
further, with regard to Section 9.D, any height increase that exceeds the minimum increase
necessitated by the roof replacement and installation of mechanical systems not be considered a
minor modification.
Councilman Hernacki moved to amend Section 8.0 of Ordinance 2011-20 as discussed, by
deleting reference to 15% and specifying a "not to exceed a total height of 28.9 feet" with any
increase above 28.9 feet requiring approval by the Planning Commission through the Certificate
of Appropriateness process. The motion was seconded by Councilman Gebbia.
Mr. Rubin read the proposed revision to Section 8.C, line 4 "...as measured from adjacent grade
level to highest point of the roof not to exceed 28.9 feet provided that all changes in excess of
28.9 feet shall be approved by the Planning Commission through the Certificate of
Appropriateness process." Mr. Rubin confirmed that he would revise language in Section 9.D to
reflect this change.
• Thereafter,the motion to amend Ordinance 2011-20 passed unanimously, and the motion to adopt and
enact Ordinance 2011-20 on second reading, as amended,passed unanimously.
Minutes of Village Council Regular Session held November 10, 2011 Page 3 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2011-21 -CODE AMENDMENT-
PUBLIC SAFETY
• A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to
adopt and enact on second reading Ordinance 2011-21 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT
THE DIVISION OF THE PUBLIC SAFETY DEPARTMENT INTO THE LAW
ENFORCEMENT (POLICE) DEPARTMENT AND THE FIRE RESCUE DEPARTMENT;
AMENDING CHAPTER 1, "GENERAL PROVISIONS, BY AMENDING SECTION 1-9;
AMENDING ARTICLE III, "ADMINISTRATIVE CODE," OF CHAPTER 2,
"ADMINISTRATION," BY AMENDING SECTIONS 2-40, 2-41, 2-75, 2-76 AND ADDING
NEW SECTIONS 2-81, 2-82 AND 2-83; AMENDING ARTICLE I, "IN GENERAL,"
ARTICLE II, "DOGS AND CATS," AND ARTICLE III, "RABIES CONTROL," OF
CHAPTER 4, "ANIMALS AND FOWL," BY AMENDING SECTIONS 4-5, 4-12, 4-29, 4-30
AND 4-44; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS
AND WATERWAYS," BY AMENDING SECTIONS 5-17, 5-19, 5-20, 5-21 AND 5-22;
AMENDING ARTICLE II, "CIVIL DISORDERS AND DISTURBANCES," OF CHAPTER 8,
"EMERGENCY MANAGEMENT," BY AMENDING SECTION 8-22; AMENDING
ARTICLE I, "IN GENERAL," OF CHAPTER 9, "COUNTRY CLUB," BY AMENDING
SECTION 9-2; AMENDING ARTICLE II, "EMERGENCY MEDICAL SERVICES," OF
CHAPTER 11.5, "EMERGENCY SERVICES," BY AMENDING SECTION 11.5-21;
AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," AND ARTICLE IV,
"RECOVERY OF COSTS FOR CLEANUP, ABATEMENT AND REMOVAL OF
HAZARDOUS SUBSTANCES," OF CHAPTER 12, "FIRE PREVENTION AND
PROTECTION," BY AMENDING SECTIONS 12-18, 12-102, 12-103, 12-104 AND 12-105
AND DELETING ARTICLE III, "FIRE DIVISION," IN ITS ENTIRETY; AMENDING
ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND
SANITATION," BY AMENDING SECTION 14-31; AMENDING ARTICLE II,
"OPERATION OF VEHICLES GENERALLY," OF CHAPTER 18, "MOTOR VEHICLES
AND TRAFFIC," BY AMENDING SECTION 18-19; AMENDING ARTICLE VI, "NOISE
CONTROL," ARTICLE VII, "WEAPONS," AND ARTICLE X, "ALARMS," OF CHAPTER
19, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY AMENDING SECTIONS 19-
116, 19-117, 19-185, 19-186, 19-207, 19-209, 19-210, 19-211, 19-213, 19-215 AND 19-217;
AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS
AND RECREATION," BY AMENDING SECTIONS 20-5 AND 20-6; AMENDING ARTICLE
III, "RESERVE FORCE," OF CHAPTER 23, "POLICE," BY AMENDING SECTIONS 23-42,
23-45 AND 23-48; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Titcomb noted that the Village's annual budget for fiscal year 2012 formally recognized the
elimination of the Public Safety Director position and the division of the Public Safety
Department into two separate departments, the Law Enforcement (Police) Department, headed
by the Chief of Police, and the Fire Rescue Department, headed by the Fire Chief. Mr. Titcomb
stated the ordinance is a housekeeping measure so that the Code of Ordinances reflects the change.
IllMayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey
closed the public hearing
Thereafter,the motion to adopt and enact Ordinance 2011-21 on second reading passed unanimously.
Minutes of Village Council Regular Session held November 10, 2011 Page 4 of 6
FIRST READING OF ORDINANCE 2011-22 — FIRE AND POLICE PENSION PLAN
AMENDMENTS
• A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt
on first reading Ordinance 2011-22 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER
BENEFITS FOR POLICE AND FIRE EMPLOYEES," OF ARTICLE V, "PENSIONS AND
RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE
CODE OF ORDINANCES FOR THE PURPOSES OF INTERNAL REVENUE CODE
COMPLIANCE; AMENDING SECTION 2-159, "DEFINITIONS," TO PROVIDE FOR THE
CREATION OF THE TRUST; AMENDING SECTION 2-161, `BENEFIT AMOUNTS," TO
ADOPT INTERNAL REVENUE CODE SERVICE LIMITS AND ADD REQUIRED
MINIMUM DISTRIBUTIONS; AMENDING SECTION 2-170, "DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTION," TO COMPLY WITH INTERNAL REVENUE
CODE REQUIREMENTS REGARDING ROLLOVERS AND MANDATORY DISTRIBUTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Police and Fire Pension Board Attorney Bonni Jensen explained the changes. Ms. Jensen
reported the actuarial impact statement had been received and stated there would be no material
effect or change in operation of the plan. Ms. Jensen advised the purpose is to ensure that the
ordinance contains all the language needed to meet the requirements of the Internal Revenue Code.
Thereafter, the motion to adopt Ordinance 2011-22 on first reading passed unanimously.
CONSENT AGENDA
Item 6.D.4 and item 6.D.7 were removed from the consent agenda. Councilman Hernacki moved to
approve the consent agenda. The motion was seconded by Vice Mayor Norris and passed
unanimously. The consent agenda included the following items:
Receive for file Minutes of the Planning Commission meeting held 9/6/2011
Receive for file Minutes of the Waterways Board meeting held 9/20/11
Receive for file Minutes of the Planning Commission meeting held 10/4/2011
Receive for file Minutes of the Library Advisory Board meeting held October 25, 2011
Receive for file Minutes of the Planning Commission meeting held 11/1/2011
RESOLUTION 2011-47—LAUNCH MONITOR SYSTEM PURCHASE
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2011-47 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF A LAUNCH
MONITOR SYSTEM FROM TRACKMAN INC. FOR USE AT THE NORTH PALM BEACH
• COUNTRY CLUB; AND PROVIDING FOR AN EFFECTIVE DATE.
Head Golf Professional Lee Stroever reviewed the warranty provisions and described the uses
and benefits of this teaching tool.
Thereafter, the motion to adopt Resolution 2011-47 passed unanimously.
Minutes of Village Council Regular Session held November 10, 2011 Page 5 of 6
MINUTES OF THE WATERWAYS BOARD MEETING HELD 10/18/11 RECEIVED FOR FILE
Discussion took place concerning the recommendation of the Waterways Board that Section 5-26,
• which prohibits fueling of floating of marine craft at other than a marine service station, should
be removed from the Code of Ordinances. This issue will be placed on an upcoming Workshop
Agenda for discussion. Thereafter, a motion was made by Councilman Hernacki, seconded by
Councilman Gebbia, and passed unanimously, to receive for file the Minutes of the Waterways
Board meeting held 10/18/11.
RESOLUTION 2011-48 - CITY CENTRE CPUD AMENDMENT
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-48 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE SHOPPES AT CITY
CENTRE PLANNED UNIT DEVELOPMENT TO REVISE THE APPROVED LANDSCAPE
PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Marty Minor and Nick Mihelich, Urban Design Kilday Studios, were present to review the
amendment. Discussion took place concerning the proposed replacement of the existing oaks with
palm trees, as well as possible relocation of the oak trees. Mr. Mihelich explained the site
conditions and advised it is not feasible to relocate the oak trees.
Thereafter, the motion to adopt Resolution 2011-48 passed unanimously.
RESOLUTION 2011-49—FY 2010-2011 COUNTRY CLUB BUDGET AMENDMENT
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-49 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE FISCAL YEAR 2010-2011 COUNTRY CLUB BUDGET FOR THE PURPOSE
OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Finance Director Sarnia Janjua explained the resolution is in accordance with the Budget Ordinance
and is required in order to close the fiscal year and commence the audit process. During discussion,
the importance of tracking which line items were over or under budget was noted. Mr. Rubin and
Mrs. Janjua advised the budget ordinance could be changed in the next fiscal year to require balancing
by fund,rather than department,eliminating the need to adopt this type of year-end budget amendment.
Thereafter, the motion to adopt Resolution 2011-49 passed unanimously.
RESOLUTION 2011-50—FY 2010-2011 GENERAL FUND BUDGET AMENDMENT
A motion was made by President Pro Tem Manuel, seconded by Councilman Hernacki, and
passed unanimously,to adopt Resolution 2011-50 entitled:
IIIA RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE FISCAL YEAR 2010-2011 GENERAL FUND BUDGET FOR THE PURPOSE
OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held November 10, 2011 Page 6 of 6
RESOLUTION 2011-51 —DIGITAL LIBRARY SERVICES AGREEMENT
A motion was made by Vice Mayor Norris and seconded by Councilman Hernacki to adopt
Resolution 2011-51 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE VILLAGE LIBRARY TO PARTICIPATE IN A
DIGITAL LIBRARY RESERVE SERVICES AGREEMENT BETWEEN THE SOUTHEAST
FLORIDA MUNICIPAL LIBRARIES DIGITAL CONSORTIUM AND OVERDRIVE, INC.
TO PROVIDE ELECTRONIC BOOKS TO PATRONS OF THE VILLAGE LIBRARY;
AUTHORIZING THE VILLAGE MANAGER AND MEMBERS OF VILLAGE
ADMINISTRATION TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTIONS
NECESSARY TO ENSURE PARTICIPATION;AND PROVIDING FOR AN EFFECTIVE DATE
Library Director Betty Sammis explained the benefit to the Library of participating in the program.
Thereafter, the motion to adopt Resolution 2011-51 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Councilman Gebbia announced a barbeque for the Support Our Troops volunteers at the Country
Club on Veterans Day, and noted that more than 1,000 soldiers would receive care packages in
this year's holiday shipment.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Titcomb announced the Veterans Day event at Osborne Park. Mr. Titcomb reminded
Council that Village offices and the Library would be closed for Veterans Day.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:22 p.m.
Melissa Teal, CMC, Village Clerk
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