01-28-2010 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 28, 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
Melissa Teal, 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 staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Eissey gave the invocation and President Pm Tem Aubrey led the Pledge of Allegiance.
APPROVAL OF MINUTES
The Minutes ofthe Special Session held 1/14/2010 and the Regular Session held 1/14/2010 were
approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2009-12 ADOPTING LARGE-
SCALE COMPREHENSIVE PLAN AMENDMENT 09-01
Motion by Councilman Eissey second by Vice Mayor Manuel to adopt and enact on second
reading Ordinance 2009-12 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AMENDMENT 09-01 TO THE VILLAGE OF NORTH
PALM BEACH COMPREHENSIVE PLAN TO IMPLEMENT AMENDMENTS RELATING
TO ITS EVALUATION AND APPRAISAL REPORT AND ITS TEN-YEAR WATER
SUPPLY FACILITIES WORK PLAN, TO UPDATE ITS CAPITAL IMPROVEMENTS
ELEMENT TO INCORPORATE NEW REQUIREMENTS AND TO ADOPT AMENDMENTS
RELATED TO THE U.S. HIGHWAY ONE CORRIDOR STUDY; ADOPTING A NEW
ANNEXATION ELEMENT; AMENDING THE GENERAL REQUIREMENTS, THE
VILLAGE CHARACTER STATEMENT, THE FUTURE LAND USE ELEMENT, THE
TRANSPORTATION ELEMENT, THE HOUSING ELEMENT, THE INFRASTRUCTURE
ELEMENT, THE COASTAL MANAGEMENT ELEMENT, THE CONSERVATION
ELEMENT, THE INTERGOVERNMENTAL COORDINATION ELEMENT, AND THE
• PUBLIC SCHOOL CONCURRENCY ELEMENT; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held January 28, 2010 Page 2 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2009-12 ADOPTING LARGE-
• SCALE COMPREHENSIVE PLAN AMENDMENT 09-01 continued
Mr. Knight noted that Amendment 09-01 was submitted to the Florida Department of
Community Affairs (DCA) after first reading of Ordinance 2009-12 on 8/27/09. Discussion took
place on the new annexation element. Mr. Knight reported that the DCA issued its Objections,
Recommendations, and Comments report (ORC report), and advised that Village Planning
Consultant Jim Fleischmann of Land Research Management, Inc. prepared a response to the
ORC report and revised Amendment 09-01 accordingly.
Mayor Norris opened the public hearing and announced that anyone wishing to be notified of the
date of publication of the Notice of Intent issued by the Department of Community Affairs
should sign the form on the table in the back of the room. There being no comments from the
public, Mayor Norris closed the public hearing.
Discussion ensued on the new Annexation Element. Mr. Fleischmann reported that the current
Comprehensive Plan does not include an Annexation Element, therefore the annexation map in
the Future Land Use Element was transferred to the new Annexation Element, which also
incorporates polices that will be applied in the event of annexation petitions, establishes
annexation procedures, and identifies annexation areas.
Discussion took place concerning proposed Constitutional Amendment 4 (Hometown Democracy)
and SB360 (Growth Management Bill.) Mr. Rubin noted that interpretation of Amendment 4 has
been the subject of debate as to whether passage of the amendment will subject all
comprehensive plan amendments to referendum vote. Mr. Rubin advised that Comprehensive
Plan Amendment 09-01 is not affected by SB360.
Thereafter, the motion to adopt and enact Ordinance 2009-12 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-02 - SIGNS AND
OUTDOOR DISPLAYS
Motion by Vice Mayor Manuel, second by President Pro Tem Aubrey, to adopt and enact on
second 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 advised that he is working with Mr. Rubin to update the sign code regulations.
Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris
• closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-02 on second reading passed unanimously.
Minutes of Village Council Regular Session held January 28, 2010 Page 3 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2010-03 -WATERWAYS
• CODE AMENDMENT
Motion by Councilman Eissey, second by Vice Mayor Manuel, to adopt and enact on second
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.
Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-03 on second reading passed unanimously.
1ST READING OF ORDINANCE 2010-04 -MORATORIUM ON PAIN MANAGEMENT CLI1~iICS
Motion by Vice Mayor Manuel, second by President Pro Tem Aubrey to adopt on first reading
Ordinance 2010-04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING A MORATORIUM UPON THE ACCEPTANCE OF
ZONING APPLICATIONS OR REQUESTS FOR ZONING APPROVAL FOR PAIN
MANAGEMENT CLINICS, AS DEFINED BY FLORIDA STATUTE, FOR A PERIOD OF
ONE YEAR OR UNTIL SUCH TIME AS THE VILLAGE ADOPTS REGULATIONS
GOVERNING THIS USE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Norris opened the public hearing. With no comments from the public, Mayor Norris
closed the public hearing.
Discussion took place concerning enactment of an ordinance amending the Village Zoning Code
to adopt regulations applicable to pain management clinics. Mr. Knight advised that Village
Administration is reviewing ordinances adopted by other jurisdictions.
A suggestion was made to send a resolution to the Board of Medicine requesting that it address
• this issue.
Thereafter, the motion to adopt Ordinance 2010-04 on first reading passed unanimously.
Minutes of Village Council Regular Session held January 28, 2010 Page 4 of 6
RESOLUTION 2010-04 -COMMUNITY CENTER GYM FLOOR RESURFACING BID AWARD
• A motion was made by Councilman Eissey and seconded by Vice Mayor Manuel, to adopt
Resolution 2010-04 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY DYNAMIC SPORTS
CONSTRUCTION, INC. FOR THE RESURFACING OF THE COMMUNITY CENTER
GYMNASIUM FLOOR AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Discussion was held concerning the cost to have the Village ship's wheel logo painted on the
gym floor; additionally, whether the contractor has a local office. Parks and Recreation Director
Mark Hodgkins reported that painting the ship's wheel on the gym floor was an alternate bid item,
with an additional cost of $2,100. Mr. Hodgkins advised that Dynamic Sports Construction Inc. is
licensed to do business in the State of Florida and maintains a satellite office in Fort Lauderdale.
Councilman Eissey moved to amend the resolution and contract to include having the ship's wheel
logo painted on the gym floor. Vice Mayor Manuel seconded the motion, which passed unanimously.
Thereafter, the motion to adopt Resolution 2010-04, as amended, passed unanimously.
RESOLUTION 2010-OS -JULY 4, 2010 FIREWORKS DISPLAY
Motion by Councilman Eissey, second by Vice Mayor Manuel to adopt Resolution 2010-OS entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY PYRO ENGINEERING, INC.
D/B/A BAY FIREWORKS FOR THE JULY 4, 2010 FIREWORKS DISPLAY AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT
RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion ensued on an alternate day in the event of rain. Parks and Recreation Director Mark
Hodgkins reported that this is included in the contract.
Thereafter, the motion to adopt Resolution 2010-OS passed unanimously.
RESOLUTION 2010-06 - FDOT MEMORANDUM OF MAINTENANCE AGREEMENT
Motion by Vice Mayor Manuel, second by Councilman Eissey to adopt Resolution 2010-06 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE
INSTALLATION OF LANDSCAPE IMPROVEMENTS WITHIN THE RIGHT-OF-WAY
FOR STATE ROAD 5 (U.S. HIGHWAY ONE) FROM SOUTH OF THE PARKER BRIDGE
TO NORTH OF CAROLINDA DRIVE AND AUTHORIZING THE MAYOR AND VILLAGE
• CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held January 28, 2010 Page 5 of 6
RESOLUTION 2010-06 - FDOT MEMORANDUM OF MAINTENANCE AGREEMENT continued
• Mr. Knight reported that the Florida Department of Transportation (FDOT) has scheduled a road
milling and resurfacing project on U.S. Highway 1 that will extend from Parker Bridge north to
Indiantown Road, which id due to commence upon completion of the improvements to Parker
Bridge. Mr. Knight advised that the project would include enhancements to existing landscaping
and improvements to the irrigation system. Mr. Knight reported that the Village must maintain
the landscaping, and noted a minimal increase in maintenance costs for the additional landscaping.
Mr. Knight advised that the new Memorandum of Maintenance Agreement would replace the
previous agreement approved by Council in 2001.
Thereafter, the motion to adopt Resolution 2010-06 passed unanimously.
RESOLUTION 2010-07 -EMERGENCY MEDICAL SERVICES FEE SCHEDULE
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt
Resolution 2010-07 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE EMERGENCY MEDICAL SERVICES FEES
CHARGED BY THE VILLAGE PUBLIC SAFETY DEPARTMENT AND ADOPTING A
NEW FEE SCHEDULE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight reported that Village EMS fees have not increased in seven years and presently are
below the local average. Mr. Knight advised that the current fee structure is not consistent with
the tiered systems used in other cities and by Medicare/Medicaid.
Thereafter, the motion to adopt Resolution 2010-07 passed unanimously.
MAYOR AND COUNCIL MATTERS
Vice Mayor Manuel reported on the recent Palm Beach County League of Cities Board of
Directors meeting. Vice Mayor Manuel noted that the League of Cities appointed Judge Edward
Rodgers as its representative on the countywide Commission on Ethics. Vice Mayor Manuel
advised that information on the Palm Beach County Convention and Visitors Bureau, as well as a
draft copy of the League's YODEL Handbook (Youth Delegation Program) would be available
in the Council's reading file. Vice Mayor Manuel announced that former Village Council
President Pro Tem Rob Rennebaum was approved as an associate member of the Palm Beach
County League of Cities. Vice Mayor Manuel advised that Council had been invited by Mayor
Lois Frankel to attend the grand opening of West Palm Beach's downtown waterfront park on
2/20/2010. Vice Mayor Manuel requested that councilmen attend the next Palm Beach County
League of Cities General Membership meeting on 2/24/2010.
Councilman Hernacki reported on his attendance at the two-day emergency management training
program entitled "Crisis Leadership for Local Officials" conducted by the National League of Cities,
• and suggested that new council members should attend this training.
Minutes of Village Council Regular Session held January 28, 2010 Page 6 of 6
• VILLAGE MANAGER MATTERS
Mr. Knight gave an update on the Parker Bridge project.
Mr. Knight announced that proposals had been received in response to the Request for Proposals
for Restaurant Services and Lease. A special meeting may be scheduled for presentations by the
firms who submitted proposals.
Mr. Knight reported that membership on the General Employees Pension Board is considered an
office, and thus is subject to the prohibition on dual office holding contained in the Florida
Constitution; therefore, a code amendment will be brought forward to address this matter.
Mr. Knight gave a report on Country Club revenues and expenses.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:24 p.m.
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Melissa Teal, Village Clerk
•