01-14-2010 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 14, 2010
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edward M. Eissey, Ph.D., Councilman
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Len Rubin, Village Attorney
Christine Wilcott, Deputy Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present. All
members of starwere present, except Village Clerk Melissa Teal, who was out of town.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Norris gave the invocation and Vice Mayor Manuel led the Pledge of Allegiance.
AGENDA DELETION - WORKSHOP - REQUEST FOR INDEMNIFICATION FOR
LITIGATION EXPENSES
Mayor Norris announced that Workshop Agenda item 2.b., Request for Indemnification for
Litigation Expenses was removed from the agenda; therefore, discussion of this item would not
be held.
AWARDS AND RECOGNITION
Mayor Norris issued a 2010 Census Partner Proclamation and proclaimed that the Village of
North Palm Beach is committed to partnering with the U.S. Census Bureau to help ensure a full
and accurate count in 2010.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 12/10/09 were approved as written.
STATEMENTS FROM THE PUBLIC
Christopher Ryder, 118 Dory Road South, requested Council consider installing public restrooms
at Lakeside Park. Mayor Norris asked that Mr. Ryder meet with the Village Manager regarding
this issue.
Mel Hamilton, Senior Managing Consultant for PFM Asset Management, LLC, distributed the
• Investment Performance Review for the quarter ended December 31, 2009.
Minutes of Village Council Regular Session held January 14, 2010 Page 2 of 4
Mr. Hamilton noted the national trends in existing home sales, the job market and the
• manufacturing sector. Mr. Hamilton highlighted the components ofthe document including: the
U.S. Treasury Yield, focusing on the short and long term rates; details on the investment
portfolio value, composition, maturity, and asset allocation; and the account statement for the
month ending 12/31/09. Mr. Hamilton discussed briefly the status of the SBA and additionally
the daily management of the portfolio.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-01 -POLICE AND FIRE
PENSION PLAN
Motion by Councilman Eissey to adopt and enact on second reading Ordinance 2010-01 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V,
"PENSIONS AND RETIREMENT SYSTEMS," DIVISION 4, "PENSION AND CERTAIN
OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF THE VILLAGE CODE OF
ORDINANCES; AMENDING THE DEFINITIONS OF CREDITED SERVICE AND
EARNINGS TO PROVIDE CERTAIN BENEFITS FOR MEMBERS ABSENT FROM WORK
ON QUALIFYING MILITARY SERVICE; AMENDING THE DEFINITIONS OF
FIREFIGHTER AND POLICE OFFICER TO CLARIFY THE INCLUSION OF
SUPERVISORY PERSONNEL; AMENDING THE EXCLUSIONS FROM DISABILITY TO
RECOGNIZE CERTAIN BENEFITS FOR MEMBERS ABSENT FROM WORK ON
QUALIFYING MILITARY SERVICE; AMENDING THE OPTIONAL FORMS OF BENEFITS
TO ALLOW A RETIRED MEMBER TO CHANGE HIS OR HER BENEFICIARY UP TO
TWO TIMES WITHOUT BOARD APPROVAL; MODIFYING THE TERMS OF THE
MEMBERS OF THE BOARD OF TRUSTEES; ALLOWING MEMBERS TO BUY FEDERAL
POLICE OFFICER OR FIREFIGHTER SERVICE; AMENDING THE POWERS AND
AUTHORITY OF THE BOARD OF TRUSTEES TO EXPAND THE PERMISSIBLE
INVESTMENTS AND REQUIRE IDENTIFICATION OF AND DIVESTITURE FROM
SCRUTINIZED COMPANIES; AMENDING THE REPEAL OR TERMINATION
PROVISIONS TO INCORPORATE NEW STATE LAW PROVISIONS; AMENDING THE
PLAN TO ALLOW FOR THE PAYMENT OF THIRD PARTY INSURANCE PREMIUMS
FROM A MEMBER'S RETIREMENT; AMENDING SECTIONS 2-159, 2-161, 2-162, 2-164,
2-165, 2-166, 2-168 AND 2-169 OF THE VILLAGE CODE OF ORDINANCES; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel seconded the motion.
Mayor Norris opened the public hearing. There being no comments from the public, Mayor
Norris closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-01 on second reading passed
unanimously.
•
Minutes of Village Council Regular Session held January 14, 2010 Page 3 of 4
FIRST READING OF ORDINANCE 2010-02 -SIGNS AND OUTDOOR DISPLAYS
• Motion by Vice Mayor Manuel, second by President Pro Tem Aubrey, to adopt on first reading
Ordinance 2010-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF
CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING SECTION 6-112, "EXEMPT SIGNS," TO DELETE THE
REFERENCE TO WORKS OF ART; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Knight noted that given the ambiguity and subjectivity of the provision for exempt signage
provided in Section 6-112(L) of the Village Code, any reference to `works of art" as an
exemption should be removed from the Code.
During discussion, Village Planner Jodi Nentwick stated that the current sign code was last
reviewed in its entirety in the early 1990's. President Pro Tem Aubrey suggested that the entire
sign code be reviewed subsequent to enactment of Ordinance 2010-02.
Thereafter, the motion to adopt Ordinance 2010-02 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2010-03 -CODE AMENDMENT -WATERWAYS
Motion by Councilman Eissey, second by Vice Mayor Manuel, to adopt on first reading
Ordinance 2010-03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS,
DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE
A DEFINITION FOR LIVE ABOARD BOATS OR VESSELS, TO REPEAL ANCHORING
AND MOORING PROVISIONS IN CONFLICT WITH STATE LAW, AND TO CLARIFY
THE VILLAGE'S REGULATORY AUTHORITY OVER LIVE ABOARD BOATS OR
VESSELS; AMENDING SECTION 5-1, "DEFINITIONS," REPEALING SECTION 5-18,
"LIMITATION ON ANCHORING AND MOORING IN PROHIBITED AREA; MOORING
PERMIT REQUIRED," AND AMENDING SECTION 5-25, "USE OF VESSEL FOR
DWELLING PURPOSES IN PROHIBITED AREA;" PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Knight reported that the ordinance is necessary in order to provide a definition for live
aboard boats or vessels and to bring Village regulations in compliance with Florida Statutes.
During discussion, Village Attorney Len Rubin stated that outside of mooring fields, there is no
control of anchored non-live aboard vessels. Council reaffirmed that due to the costs involved, it
had no interest in pursuing a managed mooring field.
• Thereafter, the motion to adopt Ordinance 2010-03 on first reading passed unanimously.
Minutes of Village Council Regular Session held January 14, 2010 Page 4 of 4
CONSENT AGENDA
• Vice Mayor Manuel moved to approve the consent agenda. Councilman Eissey seconded the
motion, which passed unanimously. The following items were approved:
Resolution 2010-01 directing the Village Clerk to publish notice of the General
Election on March 9, 2010; naming the time and place where the election shall be
held; declaring the offices to be filled; requesting the Palm Beach County
Supervisor of Elections conduct the election and perform certain duties.
Resolution 2010-02 appointing Village Manager Jimmy Knight as the Village's
representative on the Seacoast Utility Authority Governing Board effective
1/23/2010.
Resolution 2010-03 declaring 2 Cushman utility vehicles as surplus property and
authorizing their disposal in accordance with Village policy.
Receive Minutes of Golf Advisory Board meeting held 11/9/09.
Receive Minutes of Code Enforcement Board meeting held 12/7/09.
Receive Minutes of Recreation Advisory Board meeting held 12/8/09.
Receive Minutes of Golf Advisory Board meeting held 12/14/2009.
MAYOR AND COUNCIL MATTERS
Mayor Norris announced that the Palm Beach County League of Cities is seeking to appoint a
former elected oi~cial as a member to the newly created Palm Beach County Commission on
Ethics and is asking for recommendations.
Vice Mayor Manuel and President Pro Tem Aubrey announced their intent to run for re-election
in March.
VILLAGE MANAGER MATTERS
Mr. Knight reminded Council that the following bids and proposals would be opened on
Wednesday, January 20, 2010: Country Club Restaurant Services and Lease; July 4th Fireworks;
Heritage Day Rides; and the Community Center gym floor resurfacing.
Mr. Knight reminded Council that the administrative offices would be closed on Monday,
January 18, 2010 in observance of Martin Luther King, Jr. Day.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:16 p.m.
•
Christine Wilcott, Deputy Village Clerk