03-14-2013 VC REG-M\ Present:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 14, 2013
William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
Robert A. Gebbia, President Pro Tem
David B. Norris, Councilman
Doug Bush, Councilman
Ed Green, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Mayor Norris 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 Aubrey gave the invocation and Vice Mayor Manuel led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 02/28/2013 were approved as written.
ADMINISTRATION OF COUNCILMAN OATHS
Village Clerk Melissa Teal administered the Oath of Office to re- elected council members Doug
Bush and David Norris. Said Oaths are attached to the official Minutes.
COUNCIL REORGANIZATION
Mayor Norris thanked the Council, Staff, and Administration for their support and assistance
during his term as Mayor.
Mayor Norris opened the floor to nominations for the office of Mayor. David Norris nominated
Bill Manuel for Mayor. With no other nominations for Mayor, William L. Manuel was declared Mayor.
William Manuel nominated.Dr. Darryl Aubrey for Vice Mayor. With no other nominations for
Vice Mayor, Darryl C. Aubrey was declared Vice Mayor.
Darryl Aubrey nominated Bob Gebbia for President Pro Tem. With no other nominations for
President Pro Tem, Robert A. Gebbia was declared President Pro Tem.
Thereafter, the names of William L. Manuel, Darryl C. Aubrey, and Robert A. Gebbia were
entered into Resolution 2013 -13.
RESOLUTION 2013 -13 — APPOINTING COUNCIL OFFICERS
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt
Resolution 2013 -13 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR
THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, Resolution 2013 -13 passed with all present voting aye. Village Clerk Melissa Teal
administered the Oath of Office to Mayor Manuel, Vice Mayor Aubrey, and President Pro Tem
Gebbia. Said Oaths are attached to the official Minutes.
Minutes of Village Council Regular Session held March 14, 2013 Page 2 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -03 — BUDGET AMENDMENT
\ TO FUND STORM DRAIN REPAIRS
A motion was made by President Pro Tern Gebbia and seconded by Councilman Bush to adopt
and enact on second reading Ordinance 2013 -03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2012 -2013
TO APPROPRIATE $59,646 TO FUND REPAIRS TO STORM DRAIN PIPES LOCATED
ALONG THE SOUTH SIDE OF LIGHTHOUSE DRIVE 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.
Mr. Green reported that $50,000 had been budgeted for four storm drain repairs in fiscal year 2013;
however, due to a recently identified drainage issue, additional funds are required. Mr. Green
detailed the anticipated cost of the new project and the funds available in the reserve account.
Mayor Manuel opened the public hearing. With no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2013 -03 on second reading passed unanimously.
ORDINANCE 2013 -04 — CODE AMENDMENT NOISE REGULATIONS — TABLED
A motion was made by Vice Mayor Aubrey and seconded by Councilman Norris to adopt on
first reading Ordinance 2013 -04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE VILLAGE CODE OF ORDINANCES,
"OFFENSES AND MISCELLANEOUS PROVISIONS," BY REPEALING ARTICLE VI IN
ITS ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE VI, "NOISE
CONTROL;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green noted the difficulty of administering the Village's current noise regulations and
reported the Village Attorney had drafted a new, simplified set of regulations utilizing only
objective criteria. Mr. Green reviewed the proposed regulations.
Residents addressed the Council with questions and concerns related to property values, viability
of businesses, decibel levels, subjectivity vs. objectivity, use of the "plainly audible" standard,
noise from boat stereos, noise measured on a horizontal plane, enforcement methods, and the
different noise standards for residential and commercial properties.
Discussion ensued on noise emanating from one condominium unit to another. Mr. Rubin will
add language to address this issue. Discussion took place concerning decibel levels and ANSI
standards. Mr. Rubin explained the use of the noise - metering device.
l Police Chief Rick Jenkins addressed tactical differences in responding to noise complaints on
residential and commercial properties.
Discussion was held regarding Section 19- 104(b) concerning allowable times for the use of
power- driven machinery and power mowers.
Minutes of Village Council Regular Session held March 14, 2013 Page 3 of 5
ORDINANCE 2013 -04 — CODE AMENDMENT NOISE REGULATIONS — TABLED continued
Council consensus was that the ordinance be revised to address these issues: condo -to -condo
noise; maximum decibel levels; noise from boats; mowers and equipment such as leaf blowers,
power washers, chain saws; and decibel levels for commercial businesses between the hours of
11:00 p.m. and 8:00 a.m. Sunday through Saturday.
Council consensus was that Section 19- 104(b) be revised to change the allowable starting time
for use of power mowers on Sundays from 12:00 noon to 10:00 a.m.
It was requested that staff provide information on the maximum decibel levels allowed in other
cities and the types of noise those decibel levels equate to.
A motion was made by President Pro Tem Gebbia, seconded by Councilman Bush and passed
unanimously, to table first reading of Ordinance 2013 -04 to the April 11, 2013 Regular Session.
CONSENT AGENDA APPROVED
A motion was made by Councilman Norris, seconded by Councilman Bush, and passed
unanimously, to approve the consent agenda, which included the following item:
Receive for file Minutes of the Audit Committee meeting held 1/30/13
RESOLUTION 2013 -14 — TIME AND ATTENDANCE SOFTWARE PURCHASE
A motion was made by Councilman Norris and seconded by President Pro Tem Gebbia to adopt
Resolution 2013 -14 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF AN
AUTOMATED TIME AND ATTENDANCE SYSTEM FROM TIMECLOCK PLUS
PURSUANT TO THE PRICING ESTABLISHED BY THE COOPERATIVE PURCHASING
NETWORK; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
TRANSFER $23,823.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE
INFORMATION TECHNOLOGY COMPUTER HARDWARE AND SOFTWARE ACCOUNT
TO FUND THE PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed the current timekeeping method used by the employees and the advantages of
moving to an automated system. Mr. Green reported the cost for automated time and attendance
systems from two vendors and recommended the TimeClock Plus system due to its lower cost
and ability to interface with the current Munis accounting system.
Thereafter, the motion to adopt Resolution 2013 -14 passed unanimously.
RESOLUTION 2013 -15 — FIND GRANT FOR ANCHORAGE PARK
A motion was made by Vice Mayor Aubrey and seconded by Councilman Bush to adopt
Resolution 2013 -15 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE APPLICATION OF A GRANT FROM THE FLORIDA
INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM AND PROVIDING
FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE
REQUIRED CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held March 14, 2013 Page 4 of 5
RESOLUTION 2013 -15 — FIND GRANT FOR ANCHORAGE PARK continued
! ) Mr. Green reported on sources of grant funding for the Anchorage Park Phase 2 project.
Regarding the Florida Inland Navigation District (FIND) Grant, Mr. Green related that in
February 2012, the Council approved a resolution to move forward with the FIND application;
however, due to permitting concerns, the application was placed on hold. Mr. Green stated a
new resolution must be adopted in order to continue with the most recent application to FIND.
Mr. Green advised that grant funds would provide for increased pedestrian access, additional
walking paths, and more seating and shade structures for extended viewing of the adjacent waterways.
Discussion ensued on the status of other grant applications. Acting Public Works Director
Chuck Huff stated the Land and Water Conservation Grant should be received soon and could be
used to offset the one -to -one funding match required by the FIND grant.
Thereafter, the motion to adopt Resolution 2013 -15 passed unanimously
RESOLUTION 2013 -16 — ANCHORAGE PARK MODULES
A motion was made by Councilman Bush and seconded by President Pro Tern Gebbia to adopt
Resolution 2013 -16 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, DECLARING FOUR MODULAR BUILDINGS AT ANCHORAGE
PARK AS SURPLUS PROPERTY AND AUTHORIZING THEIR DEMOLITION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green discussed the use and condition of the four modular buildings at Anchorage Park, and
noted that the Anchorage Park Phase 2 design relocates the larger baseball field to the site of the
existing modular buildings.
Thereafter, the motion to adopt Resolution 2013 -16 passed unanimously.
MAYOR AND COUNCIL MATTERS /REPORTS
Councilman Norris reported on plans to honor former Palm Beach County Commissioner
Karen Marcus for her service by planting a tree at Anchorage Park. Councilman Norris advised
the total cost for a tree and plaque is estimated at $1,000 - $1,200. A motion was made by
Councilman Norris, seconded by President Pro Tern Gebbia, and passed unanimously, to
approve an expenditure of up to $1,200 from the Council Contingency account for this purpose.
Mayor Manuel requested Council consider hosting an upcoming Palm Beach County League of
Cities luncheon meeting. A motion was made by Vice Mayor Aubrey, seconded by Councilman
Bush, and passed unanimously, to approve an expenditure of up to $3,000 from the Council
Contingency account to host the Palm Beach County League of Cities at a date to be determined.
Mayor Manuel noted the Council has adhered to an informal, unwritten policy, whereby business
1 attire is mandated after Labor Day, and more casual attire is worn when Daylight Savings Time
commences. Mayor Manuel proposed a Council dress code as follows: business attire from
October 1st to March 31st and casual attire from April 1st to September 31st. By consensus,
Council agreed to this policy.
Minutes of Village Council Regular Session held March 14, 2013 Page 5 of 5
VILLAGE MANAGER MATTERS /REPORTS
Mr. Green suggested having Village resident Erin Carpenter attend the March 28, 2013
Workshop Session to address Council concerning the market research process and likely cost of
the focus group project. By consensus, Council approved this suggestion.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 9:20 p.m.
Melissa Teal, CMC, Village Clerk
( l
OATH OF OFFICE
State of Florida )
County of Palm Beach )
Village of North Palm Beach )
1.x
I, Doug Bush, do solemnly swear or affirm that I will support, protect, and
defend the Constitution and Government of the United States and of the State of
Florida; that I am duly qualified to hold office under the Constitution of the
State, and that I will well and faithfully perform the duties of Councilman on
which I am now about to enter, so help me God.
I ,
Sworn to and subscribed before me this 14th day of March, 2013,
by Doug Bush, who is personally known to me.
MELISSA A. TEAL
Notary public - State of Florida
My Comm. Expires Jul 13, 2013
commission # 00 871577
�''�3;,° ; �t� `�. Bonded Through National Notuy Assn_
Melissa A. Teal
Notary Public, State of Florida
Commission No. DD871577
1
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, David B. Norris, do solemnly swear or affirm that I will support, protect, and
defend the Constitution and Government of the United States and of the State of
Florida; that I am duly qualified to hold office under the Constitution of the
State, and that I will well and faithfully perform the duties of Councilman on
which I am now about to enter, so help
Sworn to and subscribed before me this 14th day of March, 2013,
by David B. Norris, who is personally known to me.
�•��� ���a., MELISSA A. TEAL.
Notary public • State of Florida
_• , My Gomm. Expires Jul 13.2013;
Commission # 00 671577
bonded Tht b National Notify Assn.
Melissa A. Teal
Notary Public, State of Florida
Commission No. DD871577
OATH OF OFFICE
State of Florida )
County of Palm Beach )
Village of North Palm Beach )
ss.
I, William L. Manuel, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and impartially
discharge my duties as Mayor during my continuance therein, so help me God.
Subscribed and sworn to before me this 14th day of March, 2013, by William L. Manuel,
who is personally known to me.
,� SPpv p• .ti,� MELISSA A. TEAL Melissa A. Teal
Notary Public • Stete of Florida
• : , • i My Comm. Expires Jul 13, 2013 Notary Public, State of Florida
Sill Commission DD 871877 Commission No. DD871577
%° �� �'��, Bonded Through National Notary Assn.
(i OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, Darryl C. Aubrey, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and
impartially discharge my duties as Vice Mayor during my continuance therein, so
help me God.
Subscribed and sworn to before me this 14th day of March, 2013, by Darryl C. Aubrey,
who is personally known to me.
�•`ayP,,•ti,
MELISSA A. TEAL
Notary Public -State at Florida
• ` ' • z My Comm. Expires Jul 13, 2013 Melissa A. Teal
Commission qD 871577 Not Public State of Florida
j 1 �' •
Bonded Through National Notary Assn.'
Commission No. DD871577
l �
OATH OF OFFICE
State of Florida )
County of Palm Beach )
Village of North Palm Beach )
ss.
I, Robert A. Gebbia, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and impartially
discharge my duties as President Pro Tem during my continuance therein,
so help me God.
Subscribed and sworn to before me this 14th day of March, 2013, by Robert A. Gebbia,
who is personally known to me.
- - - »rte„ q,
o•,� "Yoe•.,, MELISSA A. TEAL.
Notary Public . state at Florida Melissa A. Teal
• = My Comm, Expires Jul 13, 2D13 Notary Public, State of Florida
Commission # DD 871577
Bonded through National Notary assn. Commission No. DD871577