03-11-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 11, 2010
Fresent:
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
Absent:
ROLL CALL
David B. Norris, Mayor
Vice Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were
present, except Mayor Norris, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Aubrey gave the invocation and Councilman Hernacki led the Pledge of Allegiance.
AWARDS AND RECOGNITION
On behalf of the Village Council, Vice Mayor Manuel presented a certificate and check to
Jane Lerner in recognition of her 30 years of service to the Village.
Village Manager Jimmy Knight reported the Village has been awarded the Government Finance
Officers Association (GFOA) Distinguished Budget Presentation Award for the fiscal year
beginning 10/1/2009. Mr. Knight noted the Village last received this award in 1995. Mr. Knight
recognized the efforts of Finance Director Samia Janjua for this achievement.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 2/25/2010 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-OS -VOLUNTARY
ANNEXATION OF 9264 OLD DIXIE HIGHWAY
Motion by Councilman Eissey, second by Councilman Hernacki, to adopt and enact on second
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 HIGI~[WAY, 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 stated Palm Beach County notified the Village that it had not identified any
inconsistencies per Chapter 171, Florida Statutes that warrant an objection.
Minutes of Village Council Regular Session held March 11, ZQ10 Page 2 of 4
SECOND READING AND ENACTMENT OF ORDINANCE 2010-OS -VOLUNTARY
ANNEXATION OF 9264 OLD DIXIE HIGHWAY continued
Vice Mayor Manuel opened the public hearing. There being no comments from the public, Vice
Mayor Manuel closed the public hearing.
Discussion ensued on the letter from Lorenzo Aghemo, Palm Beach County Planning Director,
regarding Village assumption of funding and maintenance for street lighting along Alternate AlA.
Mr. Knight stated the Village would be required to take aver street light maintenance along a portion
of Alternate Al A in the future; however, it is not a stipulation for annexation of this property.
Thereafter, the motion to adopt and enact Ordinance 2010-OS on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-06 - CODE
AMENDMENT -DRIVEWAYS
Motion by Councilman Eissey, second by President Pro Tem Aubrey to adopt and enact on
second reading Ordinance 2010-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 24, "STREETS, SIDEWALKS AND PUBLIC
PLACES," ARTICLE III, "SIDEWALKS AND DRIVEWAYS," BY AMENDING DIVISION 1,
"GENERALLY," AND DIVISION 2, "PERMITS," TO ALLOW FOR THE REPLACEMENT
AND EXPANSION OF NON-CONFORMING DRIVEWAYS WITHIN THE RIGHT-OF-WAY
AND TO TRANSFER ALL DUTIES RELATING TO THE CONSTRUCTION, INSPECTION
AND PERMITTING OF DRIVEWAYS AND SIDEWALKS FROM THE VILLAGE ENGINEER
TO THE BUILDING OFFICIAL; AMENDING SECTIONS 24-43, 24-44, 24-46 AND 24-58;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Manuel opened the public hearing. There being no comments from the public, Vice
Mayor Manuel closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-06 on second reading passed unanimously.
CONSENT AGENDA
Councilman Eissey moved to approve the consent agenda. President Pro Tem Aubrey seconded
the motion, which passed unanimously. The consent agenda included the following items:
Receive for file Minutes of Audit Committee meeting held 12/912009
Receive for file Minutes of Golf Advisory Board meeting held 218/2010
Receive for file Minutes of Waterways Board meeting held 2/1612010
Receive for file Minutes of Cade Enforcement Board meeting held 3/1/2010
RESOLUTION 2010-14 -LEASE AGREEMENT FOR FOOD AND BEVERAGE OPERATIONS
A motion was made by President Pro Tem Aubrey and seconded by Councilman Hernacki to
adopt Resolution 2010-14 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A LEASE AGREEMENT WITH PAARIS GOURMET,
INC. D/B/A C'EST SI BON CATERING FOR FOOD AND BEVERAGE OPERATIONS AT
THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of Village Council Regular Session held March 11, 2010 Page 3 of 4
RESOLUTION 2010-14 -LEASE AGREEMENT FOR FOOD AND BEVERAGE OPERATIONS contitzued
Mr. Knight enumerated certain provisions in the lease agreement, including rent of 6% of gross
sales with na cap; initial lease term oft years commencing 4115/2010 with option to renew for 2
one-year periods subject to additional negotiations regarding amount of rent; payment of 100%
of the utility charges for gas, telephone, cable and satellite television, and 60% of the charges for
electricity, water and sewer, and alarm monitoring, and responsibility for all taxes and
assessments applicable to its commercial operations, including real estate taxes. Mr. Knight
reviewed the amounts of insurance coverage, security deposit, and performance bond to be
provided by C'est Si Bon. Mr. Knight reported that the first rent payment is due 6/15/2010,
based on gross sales for the month of May.
Discussion ensued on page 4, item G, of the agreement. Village Attorney Len Rubin explained
the term "waste" is a legal term that refers to lessening the value of the facility, and "demised
premises" is used to describe that portion of the Country Club leased by C'est Si Bon.
Discussion took place regarding overnight or long-term parking of large trucks in the Country
Club parking lot.
Regarding a letter to Council from a resident expressing concern at the non-renewal of Continental
Catering's lease agreement, Mr. Knight reviewed his response to the correspondence.
Discussion took place regarding listing of the Village as an additional insured on the general
liability and liquor liability policies. Mr. Rubin explained that this provides additional protection
for the Village in the event of a lawsuit.
Discussion ensued an the transition period between vendors. Mr. Knight reviewed plans for the
transition and advised that the restaurant will remain open during this time.
Thereafter, the motion to adapt Resolution 2010-14 passed unanimously.
RESOLUTION 2010-15 -FIRE RESCUE GRANT AWARD
A motion was made by Councilman Eissey and seconded by President Pro Tem Aubrey to
adopt Resolution 2010-15 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING A GRANT AWARD FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY'S ASSISTANCE TO FIREFIGHTERS GRANT
PROGRAM FOR THE PURCHASE OF PERSONAL PROTECTIVE GEAR; AMENDING
THE BUDGET FOR THE 2009-2010 FISCAL YEAR TO REFLECT THE RECEIPT OF
GRANT FUNDS AND THE REQUIRED MATCHING FUNDS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin noted the resolution was revised by deleting language authorizing purchase of the
personal protective gear. Mr. Rubin advised that this purchase would be brought back to Council
for approval by a separate resolution.
Mr. Knight confirmed that the Village was awarded $66,312.00 from FEMA's Assistance to
Firefighters Grant Award Frogram for the purchase of personal protective equipment. Mr. Knight
reported the grant requirement of a 5% match, or $3,490.00. During discussion, Mr. Knight
explained that the equipment, also known as turnout gear or bunker gear, has a 10-year life
expectancy, and although issued to firefighters, it remains the property of the Village.
Thereafter, the motion to adapt Resolution 2010-15 passed unanimously.
Minutes of Village Council Regular Session held March 11, 2010
MAYOR AND COUNCIL MATTERS/REPORTS
Page 4 of 4
Vice Mayor Manuel reminded those present of openings for the upcoming member/guest golf
tournament at the Country Club.
Councilman Hernacki referred to item IV.B in the Minutes of Waterways Board meeting held
2/16/2010 regarding discussion of a "river walk" concept on the Earman River easement.
Councilman Hernacki expressed concern that Council has not discussed this concept. Mr. Knight
offered to follow up with the proponent. This matter may be placed on a future Workshop
Session agenda for discussion.
President Pro Tem Aubrey referred to the request from Palm Beach Gardens High School for a
contribution to help the school's "Pizzazz Chorus" travel to New York City to perform at
Carnegie Hall. A motion was made by President Pro Tem Aubrey and seconded by Councilman
Hernacki to approve a $500.00 donation from Council Contingency. Councilman Eissey moved
to amend the motion by increasing the donation to $1,000.00. President Pro Tem Aubrey
seconded the motion to amend, which passed unanimously. Thereafter, the original motion, as
amended, passed unanimously.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported a formal request from PCL Civil Constructors, Inc. to extend the allowable
work hours on Parker Bridge, in order to expedite shifting to the other bridge span within about
three weeks. Mr. Knight advised that PCL has requested to work from 6:00 p.m. to 4:30 a.m. on
Monday, Tuesday, Wednesday, and Thursday, and from 4:00 p.m. to 2:30 a.m. on Friday, in
addition to the current operating hours of 7:00 a.m. to 5:30 p.m. on Monday, Tuesday, Wednesday,
and Thursday, and 7:00 a.m. to 3:30 p.m. on Friday and Saturday. Mr. Knight explained the type
of work proposed for the night shift, which PCL maintains will not involve any loud noise.
Council discussed the request and by consensus, determined that PCL may work from dawn to
dusk, Monday through Saturday, with no work allowed on Sunday.
Mr. Knight announced that the North Palm Beach Country Club Golf Course received honorable
mention and preview in the April edition of Golf Magazine.
Mr. Knight reported receipt of $250,000.00 from Kolter Properties, which is earmarked for
recreational purposes. Mr. Knight noted $100,000.00 remaining from the Tennis Facility budget.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:40 p.m.
Melissa Teal, CMC, Village Clerk