02-11-2010 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
FEBRUARY 11, 2010
Present: David B. Norris, Mayor
William Manuel, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
Absent: Edward M. Eissey, Ph.D., Councilman
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present, except
Councilman Eissey, who was attending a meeting at St. Jude Hospital in Tennessee. All members
of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Hernacki gave the invocation and Mayor Norris led the Pledge of Allegiance.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Norris presented Wiley Livingston, Director of Public
Works, with a certificate in recognition of his 35 years of service in the Public Works Department.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 1 /28/2010 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-04 -MORATORIUM ON PAIN
MANAGEMENT CLINICS
Motion by Vice Mayor Manuel, second by President Pro Tem Aubrey to adopt and enact on
second 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.
Thereafter, the motion to adopt and enact Ordinance 2010-04 on second reading passed
unanimously.
Minutes of Village Council Regular Session held February 11, 2010 Page 2 of 5
ORDINANCE 2010-OS -VOLUNTARY ANNEXATION OF 9264 OLD DIXIE HIGHWAY
Motion by Vice Mayor Manuel, second by President Pro Tem Aubrey to adopt on first reading
• Ordinance 2010-OS entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ANNEXING APPROXIMATELY 1.70 ACRES OF REAL PROPERTY
LOCATED SOUTH OF RICHARD ROAD WEST OF THE FLORIDA EAST COAST
RAILWAY RIGHT-OF-WAY AND EAST OF OLD DIXIE HIGHWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY
ANNEXATION OF THE PROPERTY MEETS ALL LEGAL CRITERIA; DIRECTING
VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE
SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reported receipt of an application for voluntary annexation of a vacant parcel of land
located at 9264 Old Dixie Highway, within the Village's future annexation area. Mr. Knight
noted that the property owner obtained site plan approval from Palm Beach County in 2005 to
construct a commercial project known as Lone Palm Business Park, and wants to retain the right
to construct the project as approved. Mr. Knight advised that Public Safety Director O'Neill has
determined the annexation will not affect Public Safety levels of service. Mr. Knight confirmed
that on 2/2/2010, the Planning Commission, acting as the Local Planning Agency, unanimously
approved the application as submitted.
Discussion took place concerning issues including rezoning and availability of water and sewer.
Mr. Rubin advised that until the Village's Comprehensive Plan is amended to include it, the property
would be governed by County zoning regulations for the (CG) Commercial District designation.
Regarding the Lone Palm Business Park, Village Planner Jodi Nentwick stated the project would
have retail frontage, and offices/warehouses. Mr. Rubin confirmed that the ordinance grants the
property owner or future owner(s) the right to construct the project according to the existing site plan.
Thereafter, the motion to adopt Ordinance 2010-OS on first reading passed unanimously.
CONSENT AGENDA
Vice Mayor Manuel moved to approve the consent agenda. Councilman Hernacki seconded the
motion, which passed unanimously. The following items were approved:
Receive Minutes of Planning Commission meeting held 8/4/2009
Receive Minutes of Planning Commission meeting held 9/1/2009
Recommendations concerning approximately 2.939 acres of land located at southwest comer of
Prosperity Farms Road and Allamanda Drive:
a. Application for Small-Scale Comprehensive Plan Amendment 09-2 amending future land use
designation for parcel of land from Low Density Residential to Commercial "as submitted with the
conditions as stated in the report by the Village Consultant."
b. Application to rezone from R 1 Single Family Dwelling District to C-lA Limited Commercial
District "recommend to Village Council with same conditions as stated in item 4a."
• c. Application for proposed Commercial Planned Unit Development (CPUD) with waivers to
redevelop aMixed-Use Development "recommend to Village Council as submitted with the
conditions as stated in item 4a and die final site plan to be approved by the Planning Commission and
attached to the PUD Ordinance; applicant to file a Unity of Control."
d. Application for a proposed preliminary plat "recommend to Village Council as submitted."
Minutes of Village Council Regular Session held February 11, 2010 Page 3 of 5
CONSENT AGENDA continued
Receive Minutes of Planning Commission meeting held 10/6/2009
• Receive Minutes of Planning Commission meeting held 11/3/2009
Receive Minutes of Planning Commission meeting held 12/1/2009
Receive Minutes of Golf Advisory Board meeting held 1/11/2010
Receive Minutes of Waterways Board meeting held 1/19/2010
Receive Minutes of Library Advisory Board meeting held 1/26/2010
Receive Minutes of Planning Commission meeting held 2/2/2010
Recommendation concerning application for voluntary annexation of property located at 9264 Old
Dixie Highway "recommend to Village Council as submitted."
Council requested that Board minutes be submitted in a timely fashion, preferably within 30 days
of the date of the meeting.
RESOLUTION 2010-08 -HERITAGE DAY AMUSEMENT RIDES CONTRACT
Vice Mayor Manuel moved to adopt Resolution 2010-08 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BIG FUN, INC. FOR
HERITAGE DAY 2010 AMUSEMENT RIDES AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Hernacki seconded the motion, which passed unanimously.
RESOLUTION 2010-09 - EMEGENCY MEDICAL SERVICES BILLING AGREEMENT
Motion by Vice Mayor Manuel, second by Councilman Hernacki, to adopt Resolution 2010-09 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ADVANCED DATA
PROCESSING, INC. (D/B/A INTERMEDIX - ADPI) FOR EMS BILLING AND RELATED
PROFESSIONAL SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight stated the Village is unable to piggyback the contract between Intemedix and the City
of Palm Beach Gardens because it does not generate a similar volume of calls. Mr. Knight
discussed average collection rates, which should increase from 55% to approximately 65%, and
stated the Village would pay Intermedix a percentage of collections. Mr. Rubin reported that the
contract term is three years, with an automatic renewal unless notice is given to terminate. Mr.
Knight advised that the contract expense would be funded through EMS fees. Mr. Knight
recommended that Council waive its purchasing procedures and authorize the agreement with
Advanced Data Processing, Inc. d/b/a Intermedix to provide EMS billing services.
• Discussion ensued on Section 4.01(c) of the Agreement, regarding the 1.5% fee for each additional
"TripTix" unit. Mr. Rubin explained that "TripTix" is specialized software that integrates with
Village equipment and the Village would not incur this cost, as it will have only one `°TripTix" unit.
Thereafter, the motion to adopt Resolution 2010-09 passed unanimously.
Minutes of Village Council Regular Session held February 11, 2010 Page 4 of 5
RESOLUTION 2010-10 -STORM WATER DRAIN PIPE REPLACEMENT CONTRACT
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey, to
• adopt Resolution 2010-10 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS
CONSTRUCTION CORPORATION TO PROCEED WITH THE REPLACEMENT OF
STORM DRAIN PIPES AT 784 LAGOON DRIVE, 592 ANCHORAGE DRIVE, AND 312
NORTHLAKE DRIVE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight described the repair locations and type of repairs needed.
Discussion took place concerning the Anchorage Drive portion of the project. Public Works
Director Wiley Livingston explained that because the pipe is adjacent to the waterway, the
roadway would not be affected.
Discussion ensued on piggybacking contracts instead of issuing an Invitation to Bid. Mr. Knight
advised that staffuses only current contracts that have been bid at the county level and compares
unit pricing to verify it is up-to-date.
Thereafter, the motion to adopt Resolution 2010-10 passed unanimously.
RESOLUTION 2010-11 - MUNIS SOFTWARE SUPPORT AND LICENSE AGEEMENT
Vice Mayor Manuel moved to approve Resolution 2010-11 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN ANNUAL SUPPORT AND LICENSE AGREEMENT
FOR MUNIS SOFTWARE WITH TYLER TECHNOLOGIES, INC. AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
President Pro Tem Aubrey seconded the motion and all present voted aye.
RESOLUTION 2010-12 -PUBLIC WORKS DEPARTMENT VEHICLE PURCHASE
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey, to
adopt Resolution 2010-12 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA DECLARING A 2008 DODGE DURANGO AS SURPLUS PROPERTY
AND AUTHORIZING ITS DISPOSAL; APPROVING AND AUTHORIZING THE
PURCHASE OF A 2010 DODGE RAM UTILITY VEHICLE PURSUANT TO THE FLORIDA
SHERIFF'S ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA
FIRE CHIEFS' ASSOCIATION BID SPECIFICATIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
• Mr. Knight reported that a 2008 Dodge Durango purchased by the Public Works Department
subsequently needed repair, which the dealer was unable to accomplish. Because this model is
no longer manufactured, Mr. Knight stated that upon receipt of the title, the dealer will remit the
vehicle's original purchase price to the Village and Public Works will purchase a 2010 Dodge
Ram utility vehicle. Mr. Knight stated a budget amendment would be processed at year-end.
Minutes of Village Council Regular Session held February 11, 2010 Page 5 of 5
RESOLUTION 2010-12 -PUBLIC WORKS DEPARTMENT VEHICLE PURCHASE continued
Vice Mayor Manuel moved to amend Resolution 2010-12 by revising Section 2 of to indicate
• disposition of the surplus vehicle to Maroone Dodge in exchange for reimbursement of the
vehicle's original purchase price of $19,730. President Pro Tem Aubrey seconded the motion,
which passed unanimously. Thereafter, the motion to adopt Resolution 2010-12, as amended,
passed unanimously.
COUNTRY CLUB RESTAURANT SERVICES AND LEASE PROPOSAL
C'est Si Bon owners Aris and Patricia Voyer, and Director of Catering Operations Robert Coleman,
as well as All About Food principal Maurice Mizrahi and restaurant consultant Alex Kaviany
each presented their proposals for Country Club Restaurant Services and Lease.
Council requested that each firm provide additional information prior to the next Regular
Session. The following items were to be submitted no later than noon on 2/19/2010: references
on catering business, references on restaurant business (if any), complete financials on catering
business for 2007-2008 to include profit and loss and revenues, and a business plan. All About
Food was asked to submit Mr. Kaviany's resume.
This item will be brought back to the next Regular Session on 2/25/2010.
MAYOR AND COUNCIL MATTERS
Vice Mayor Manuel commended the Village Clerk's office for its efforts in planning the annual
Advisory Board Dinner.
Vice Mayor Manuel recognized Parks and Recreation Director Mark Hodgkins and his staff for
conducting a very successful "Puppy Love" event.
Vice Mayor Manuel reviewed the agenda for the upcoming Palm Beach County League of Cities
General Membership meeting and Annual Associate Member Showcase on 2/24/2010.
Vice Mayor Manuel reminded Council that Mayor Lois Frankel invited them to attend the grand
opening of West Palm Beach's downtown waterfront park on 2/20/2010.
VILLAGE MANAGER MATTERS
Mr. Knight gave an update on his meeting with Palm Beach Gardens City Manager Ron Ferris
concerning annexation issues.
Mr. Knight reminded Council that the Heritage Day Festival is March 20th, and the parade route
and location have been changed. Mr. Knight advised that the parade would start at Village Hall,
follow interior roads, and end at Anchorage Park. Mr. Hodgkins gave a brief update on planned
activities for this event.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:30 p.m.
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Melissa Teal, CMC, Village Clerk