04-22-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• APRIL 22, 2010
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel 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
Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Wendy Glidden, Captain of the North Palm Beach Seniors Level 1 Tennis Team presented
Council with the Division 1 Women's Championship plaque from the Palm Beach County
Senior Tennis League. Mayor Manuel recognized additional North Palm Beach Tennis teams
that were awarded plaques in the Royal Palm Division as Champions and Finalists.
APPROVAL OF MINUTES
The minutes of the Regular Session held 4/8/2010 were approved. Correction of a typo under
Roll Call was noted.
CONSENT AGENDA
President Pro Tem Norris moved to approve the consent agenda. Vice Mayor Aubrey seconded
the motion, which passed unanimously. The consent agenda included the following items:
Receive Minutes of Code Enforcement Board meeting held 4/5/2010
Receive Minutes of Planning Commission meeting held 4/6/2010
Receive Minutes of Recreation Advisory Board meeting held 4/13/2010
Receive Minutes of Zoning Board of Adjustment meeting held 4/13/2010
RESOLUTION 2010-21 ADOPTED -LIBRARY AUTOMATION SOFTWARE PURCHASE
Councilman Hernacki Aubrey moved to adopt Resolution 2010-21 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PURCHASE OF LIBRARY AUTOMATION
SOFTWARE FROM SIRSI/DYNIX; AND PROVIDING FOR AN EFFECTIVE DATE.
President Pro Tem Norris seconded the motion.
Minutes of Village Council Regular Session held Apri122, 2010
Page 2 of 5
RES 2010-21 ADOPTED -LIBRARY AUTOMATION SOFTWARE PURCHASE continued
• Mr. Knight explained the Village joined the Cooperative Authority for Library Automation (COALA),
consisting of four other Palm Beach County municipal libraries, which enables our Library to
implement astate-0f--the-art automation system without incurring a large capital outlay. Mr. Knight
requested Council approval to waive the purchasing rules and regulations and approve the
software purchase for a user license as anadd-on site from SirsiDynix in the amount of $27,800.
Mr. Knight advised that a budget amendment would be prepared at year-end to reflect the
purchase and the receipt of Library Services and Technology Act (LSTA) grant funds for this
project. Mr. Knight reported that the contract had to be signed in advance in order to guarantee
pricing in effect until 3/31/10 only. Discussion ensued on the consequences if Council did not
approve the resolution. Mr. Rubin advised that without Council approval, the contract would be
void. Mr. Knight explained that yearly fees for the software would be included in the budget.
Thereafter, the motion to adopt Resolution 2010-21 passed unanimously.
RESOLUTION -BID AWARD FOR POOL RESURFACING -TABLED
Councilman Hernacki moved to adopt a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY NATIONAL PAVING AND
WATERPROOFING, INC. FOR THE RESURFACING OF THE COUNTRY CLUB POOLS
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN
AGREEMENT RELATING TO SUCH SERVICES; AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERIC TO AMEND THE 2009-2010 BUDGET FOR THE
PURPOSE OF TRANSFERRING $160,000 FROM THE RECREATION/DEVELOPER FEE
ACCOUNT TO THE POOL CAPITAL PROJECT ACCOUNT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Gebbia seconded the motion.
Mr. Knight recommended Council accept the bid of $198,765 from National Paving and
Waterproofing, Inc. Mr. Knight advised that additional engineering would be needed prior to
commencement of the project in order to comply with federal regulations on pool drain safety.
Mr. Knight noted total project costs should not exceed $225,000.
Discussion ensued on the installer's certification and manufacturer's warranty, pool pump room,
and time to complete the project. Mr. Knight reported that engineering and construction costs
for repairs to the pump room would be included in the FY2011 Budget. Mr. Knight advised that
the pool resurfacing project can be completed before the pump room, as it will not be affected by
the pump room work. Mr. Rubin reported that the time period to complete the project is 65 days
from issuance of the Notice to Proceed for substantial completion and 75 days for final, and this
was included in the bid specifications.
President Pry Tem Nprric mny~l to tal~h this it@m pending fiLrther infnrmati~n nn the lena h of
the warranty and contractor certification. Councilman Hernacki seconded the motion, which
passed unanimously.
Minutes of Village Council Regular Session held April 22, 2010
Page 3 of 5
RESOLUTION 2010-22 ADOPTED -PROSPERITY FARMS ROAD CORRIDOR STUDY
President Pro Tem Norris moved to adopt Resolution 2010-22 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACKNOWLEDGING RECEIPT OF THE PROSPERITY FARMS ROAD
CORRIDOR STUDY AND RECOGNIZING ITS FUTURE USE AS A PLANNING
DOCUMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Aubrey seconded the motion.
Mr. Knight noted that adoption of the Resolution acknowledges receipt of the Prosperity Farms
Road Corridor Study and recognizes its future use by the Planning Commission and Village
Council as a planning document when considering future land use and zoning applications in
accordance with Village regulations. Mr. Knight advised revisions to the Future Land Use Map
to reflect the current residential use of three parcels of land would be made during the next
Evaluation and Appraisal Report (EAR) cycle. Mr. Knight confirmed that receipt of the
Prosperity Farms Road Corridor Study does not constitute or mandate any changes in zoning.
Thereafter, the motion to adopt Resolution 2010-22 passed unanimously.
RESOLUTION -AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
WITH SPRINT SPECTRUM. LP -TABLED
Vice Mayor Aubrey moved to adopt a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS
SITE LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. TO PROVIDE FOR THE
INSTALLATION OF AN ADDITIONAL ANTENNA AND RELATED EQUIPMENT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Hernacki seconded the motion.
Mr. Knight advised that Global Signal Acquisitions, acting as manager of Sprint's telecommunications
tower facilities, requested permission to add equipment and an antenna to an existing tower and
platform located at the Community Center. The lease amendment would allow Sprint to
sublease the existing facilities to Clear Wire LLC in exchange for payment to the Village of an
additional rent of $1,304.77 per month. Mr. Knight stated the rent shall be payable and shall
escalate upon the same terms and at the same time as the rent set forth in the original
Communications Site Lease Agreement. Mr. Knight reported there would be no expansion to the
existing footprint of the communications tower or surrounding area. Mr. Knight advised that the
Planning Commission reviewed and approved the placement of the additional antenna and
equipment at its 2/2/2010 meeting.
The following issues were discussed: visual impact, expiration term of the original contract, and
the sublease payments Sprint would receive. Mr. Rubin reported the new antenna would be
located below the existing antenna. Re~ardin~ the sublease, Mr. Rubin advised the Village may
request information from Global Signal, but may not compel a response. v r
President Pro Tem Norris moved to table this item while staff verifies the expiration term of the
original lease agreement and attempts to obtain information on the sublease payments.
Councilman Hernacki seconded the motion, which passed unanimously.
Minutes of Village Council Regular Session held Apri122, 2010
Page 4 of 5
RESOLUTION 2010-23 ADOPTED -APPOINTING MEMBERS TO VILLAGE BOARDS
Vice Mayor Aubrey moved to adopt Resolution 2010-23 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE,
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, GOLF ADVISORY BOARD,
LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY
BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Councilman Hernacki seconded the motion.
Mrs. Teal reported that 33 incumbent board members had requested Council consideration for
reappointment, five incumbent board members are resigning, and there are three vacant
positions. Because only three new applications had been received to date, Mrs. Teal noted that
interviews of new applicants and appointments to fill vacant positions would be deferred to a
date to be determined. Mrs. Teal reminded Council that the Code of Ordinances provides that
"Members whose terms have expired shall continue to serve until their successors are appointed"
Council consensus was to reappointment all incumbent members as listed in the agenda backup
memo, and with regard to the Waterways Board, to move Denise Whiteford from 1st alternate
member to regular member, and to move Jerry Sullivan from 2nd alternate member to 1st
alternate member. Discussion took place regarding Scott Hicks request to be considered for the
Recreation Advisory Board or Planning, Commission. Mr. Hicks was reappointed to the
Waterways Board; however, Council will consider his request when a member is appointed to
fill the vacant position on the Planning Commission.
Thereafter, the motion to adopt Resolution 2010-23 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel asked for a volunteer to replace former Councilman Eissey as an alternate
representative to the Northlake Boulevard Corridor Task Force and as the alternate representative
to the Palm Beach County Multi-Jurisdictional Issues Coordination Forum. Councilman Gebbia
volunteered to serve on the Task Force and the Issues Forum. By consensus, Council appointed
Councilman Gebbia as its alternate representative to the Palm Beach County Multi-Jurisdictional
Issues Coordination Forum. A resolution appointing Councilman Gebbia as an alternate
representative to the Northlake Boulevard Corridor Task Force will be placed on the next
agenda.
Mayor Manuel asked Council to place a resolution concerning the one cent sales tax on the next
agenda. Mr. Knight stated the recommendation of Administration to oppose the proposed fire
rescue sales surtax due to uncertainty on how it would be applied. Mr. Knight stated that when
questions regarding the surtax are resolved and if it is in the best interest of the Village to
participate, it could join in the Interlocal Agreement at a later date. Council consensus was to
place a resolution opposing the proposed fire rescue sales surtax on the May 13, 2010 agenda.
Pursuant to Council's determination at its 3/25/2010 Workshop Session to seek additional
information regarding the Special Magistrate system from other area municipalities, Mayor Manuel
distributed recordings of Special Magistrate hearings from Jupiter, Palm Beach Gardens, Juno
Beach, and Lake Park. Further discussion of this issue will be held at the May 13, 2010
Workshop Session.
Minutes of Village Council Regular Session held Apri122, 2010
VILLAGE MANAGER MATTERS
Page 5 of 5
Mr. Knight distributed a flyer on the North Palm Beach Business Forum, to be held Wednesday,
• June 16, 2010 at 5:00 p.m. at the Country Club.
Mr. Knight reported the intent to issue a Notice of Default tomorrow to C'est Si Bon, the
restaurant vendor at the Country Club. Mr. Knight advised their official date to begin at the
restaurant was 4/15/2010 and the Village has yet to receive any of the required documentation,
including deposits, surety bond, and licensing.
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Audit Committee Chairman Tom Magill reviewed the Annual Report of the Audit Committee.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:25 p.m.
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Melissa Teal, CMC, Village Clerk