10-28-2010 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 28, 2010
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
Robert A. Gebbia, Councilman
Jimmy Knight, Village Manager
Melissa Teal, CMC, Village Clerk
Absent: T.R. Hernacki, P.E., Councilman
ROLL CALL
Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except
Councilman Hernacki, who was out oftown. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Norris gave the invocation and Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Councilman Gebbia introduced Bobby Butler, the youngest Support Our Troops volunteer, who
contributed earnings from his lemonade stand and donated needed items to the North Palm Beach
Support Our Troops program. On behalf of the Village Council, Mayor Manuel presented Bobby Butler
with a Certificate of Appreciation.
On behalf of the Village Council, Mayor Manuel presented Kim Pollard with a Certificate of
Appreciation for her service from 2006 - 2010 as co-leader of the North Palm Beach Support Our
Troops program.
APPROVAL OF MINUTES
The minutes of the Regular Session held 10/14/2010 were approved as written.
ITEM ADDED TO AGENDA
• Mr. Rubin announced an addition to the agenda under Other Business Matters: item 6.E.2, a proposed
resolution approving a collective bargaining agreement between the Village and IAFF.
Minutes of Village Council Regular Session held October 28, 2010 Page 2 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2010-18 -VOLUNTARY ANNEXATION
• A motion was made by President Pro Tem Norris and seconded by Councilman Gebbia to adopt and
enact on second reading Ordinance 2010-18 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ANNEXING SEVEN (7) CONTIGUOUS PARCELS OF REAL PROPERTY
TOTALING APPROXIMATELY 4.64 ACRES LOCATED NORTH OF RICHARD ROAD AND
WEST OF THE F.E.C RAILROAD RIGHT-OF-WAY WITHIN TARGET ANNEXATION AREAS
4B AND 4C, 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 the Village received applications for voluntary annexation of seven parcels of real
property totaling approximately 4.64 acres. Mr. Knight advised that the properties would be assigned
the Light Industrial future land use designation.
Mr. Knight noted a modification to Section 3 of the Ordinance. Mr. Rubin explained that the list of
conceptual uses attached as Exhibit "B" was based on uses allowed by Palm Beach County that
administration deemed appropriate for the Village. Due to the property owners' concern, language in
Section 3 was changed to state that the Village and property owners agree that the conceptual uses will
be incorporated into the land development regulations; however, Mr. Rubin noted the Village still
reserves the right to condition such uses or approve them as special exception uses or conditional uses.
Mayor Manuel opened the public hearing. There being no public comment, Mayor Manuel closed the
public hearing.
Council discussed the revised language, and by consensus, amended it to read, "The conceptual uses listed
in Exlu'bit "B" shall be incorporated into the land development regulations for the Light Industrial District."
Thereafter, the motion to adopt and enact Ordinance 2010-18 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-19 - SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-2.2
A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Norris to adopt and
enact on second reading Ordinance 2010-19 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE
PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF SEVEN CONTIGUOUS
PARCELS OF REAL PROPERTY LOCATED NORTH OF RICHARD ROAD AND WEST OF THE
F.E.C. RAILROAD RIGHT-OF-WAY TOTALING 4.64 ACRES, AS MORE PARTICULARLY
• DESCRIBED HEREIN, FROM THE COUNTY COMMERCIAL HIGH/5 AND THE COUNTY
HIGH RESIDENTIAL 8 LAND USE CLASSIFICATIONS TO THE VILLAGE LIGHT
INDUSTRIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND
USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held October 28, 2010 Page 3 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2010-19 - SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-2.2 continued
• Mr. Knight advised that in conjunction with the voluntary annexation, asmall-scale comprehensive
plan amendment is required to assign the Light Industrial future land use designation to these seven
parcels of property.
Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of the date
of publication of the Notice of Intent 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 Manuel closed the
public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-19 on second reading passed unanimously.
ORDINANCE 2010-21 - ESTABLISHING STANDARDS FOR UNDEVELOPED AND
FORMERLY DEVELOPED VACANT LOTS -TABLED TO 11-18-2010
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt and
enact on second reading Ordinance 2010-21 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA RELATING TO THE MAINTENANCE OF VACANT LOTS; AMENDING ARTICLE IV,
"ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY," OF CHAPTER 14,
"HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 14-80, "USES OR ACTIVITIES CONSTITUTING A PUBLIC NUISANCE," TO LIMIT
THE GROWTH OF WEEDS, GRASS AND SIMILAR GROUND COVER ON BOTH IMPROVED
AND UNIMPROVED LOTS TO TWELVE INCHES; AMENDING ARTICLE I, "IN GENERAL,"
OF CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 15-2, "AMENDMENTS," TO PROVIDE A CONSISTENT STANDARD FOR THE
GROWTH OF GRASS AND BRUSH AND TO PROVIDE REGULATIONS FOR THE
MAINTENANCE OF UNDEVELOPED PROPERTIES; AMENDING ARTICLE III, "DISTRICT
REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO ALLOW
NON-OPAQUE FENCES TO RESTRICT ACCESS TO WATERBODIES FROM VACANT LOTS
AND TO PROVIDE STANDARDS FOR FORMERLY DEVELOPED VACANT LOTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight detailed changes made to the proposed ordinance pursuant to Council discussion at first reading.
Mayor Manuel opened the public hearing.
Joe Monello, 2537 Pepperwood Circle, expressed concerns about the vacant lot adjacent to his property.
Mr. Monello suggested Council add language prohibiting debris that is visible from any property,
because more lot area is visible from atwo-story home. Mr. Monello questioned what constitutes
"regular maintenance."
• Chris Ryder, 118 Dory Road South, expressed concern about the use of certain terms, such as
"principal structure" and "accessory structure", which are not defined terms and could be subject to
interpretation. Mr. Ryder disagreed with limiting use of a dock or pier to only one boat. Mr. Ryder stated
the ordinance forces landowners to use potable water and asolar-actuated valve system for irrigation.
There being no further comments from the public, Mayor Manuel closed the public hearing.
Minutes of Village Council Regular Session held October 28, 2010 Page 4 of 5
ORDINANCE 2010-21 - ESTABLISHING STANDARDS FOR UNDEVELOPED AND
FORMERLY DEVELOPED VACANT LOTS -TABLED TO 11-18-2010 continued
• Mr. Rubin explained the term "accessory structure" was used because the proposed ordinance refers to
items that are "structures" but not "buildings." Mr. Rubin advised that the ordinance is sufficient as
written, and noted that if a term is not defined, it is afforded its common, ordinary definition.
Mr. Rubin stated the Village Code defines "accessory use" and "accessory building." Regarding
capitalization of defined terms, Mr. Rubin reviewed capitalization pertaining to contracts and
explained that during the codification process, the editors typically change capitals to lower case.
Discussion took place regarding battery or solar powered irrigation systems. Mr. Knight noted safety
concerns if electrical service is allowed on vacant lots.
Discussion ensued on including definitions for "principal structure" and "accessory structure" in the
ordinance. Vice Mayor Aubrey moved to table Ordinance 2010-21 to the next Regular Session,
pending the inclusion of definitions. Councilman Gebbia seconded the motion, which passed unanimously.
CONSENT AGENDA
Vice Mayor Aubrey moved to approve the consent agenda. The motion was seconded by Councilman
Gebbia and passed unanimously. The consent agenda included the following items:
Motion to grant a merit increase of 4.6% to the Village Clerk based upon the averaged score of
the performance evaluations and directing Village administration to process same.
Motion to suspend Regular Session on 12/23/2010 in observance of the Christmas holiday.
Receive for file Minutes of the Planning Commission meeting held 9/14/2010
Receive for file Minutes of Waterways Board meeting held 9/21/2010
Receive for file Minutes of the Planning Commission meeting held 10/5/2010
Receive for file Minutes of Golf Advisory Board meeting held 10/11/2011
Receive for file Minutes of Recreation Advisory Board meeting held 10/12/2010
RESOLUTION 2010-58 -FPE COLLECTIVE BARGAINING AGREEMENT
Vice Mayor Aubrey moved to adopt Resolution 2010-58 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
VILLAGE AND THE FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Gebbia seconded the motion.
Mr. Knight reported that the Village reached agreement with the Federation of Public Employees
• (FPE) for a Collective Bargaining Agreement effective through 9/30/2013, upon ratification by the
Council. Mr. Knight enumerated changes from the previous agreement to Article 12, Paid Vacation;
Article 20, Holidays; Article 34, Pension Plan; Article 35, Wages; and Article 39, Term of Agreement.
Thereafter, the motion to adopt Resolution 2010-58 passed unanimously.
Minutes of Village Council Regular Session held October 28, 2010 Page 5 of 5
RESOLUTION 2010-59 -IAFF COLLECTIVE BARGAINING AGREEMENT
Vice Mayor Aubrey moved to adopt Resolution 2010-59 entitled:
• A RESOLUTION OF THE VILLAGE CO CI
UN L OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
VILLAGE AND THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, IAFF, INC. AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Gebbia seconded the motion.
Mr. Knight reported that the Village reached agreement with the Professional Firefighters/Paramedics of
Palm Beach County, Local 2928, IAFF, Inc. (IAFF) for a Collective Bargaining Agreement effective
through 9/30/2013, upon ratification by both parties. Mr. Knight reviewed changes from the previous
agreement to Article 10, Sick Leave; Article 15, Holidays; Article 30, Wages; and Article 34, Duration.
Thereafter, the motion to adopt Resolution 2010-59 passed unanimously.
VILLAGE MANAGER MATTERS/REPORTS
In accordance with Village purchasing regulations, Mr. Knight reported a change order deleting the
wading pools from the pool resurfacing project, a reduction of $12,000 to the contract.
Mel Hamilton, Senior Management Consultant, PFM Asset Management LLC, presented the Village's
Investment Performance Review for the quarter ended 9/30/2010.
Mr. Knight gave an update on the FY 2011 Country Club budget to-date regarding restaurant activity
and golf memberships. Mr. Knight compared FY 2010 and FY 2011 golf rounds.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:46 p.m.
/J
Melissa Teal, CMC, Village Clerk