03-24-2011 VC REG-M
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 24, 2011
Present:
Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
William L. Manuel, President Pro Tem
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Len Rubin, Village Attorney
Jimmy Knight, Village Manager
Melissa Teal, CMC, 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 staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Manuel gave the invocation and Mayor Aubrey led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Aubrey proclaimed May 15-21, 2001 as National Public Works Week in the Village of
North Palm Beach. Public Works Director Wiley Livingston was present to receive the proclamation.
Mayor Aubrey presented a Certificate awarded by the Florida Institute of Government and the
Florida League of Cities to Councilman Gebbia for completing the 2011 Institute for Elected
Municipal Officials.
Mayor Aubrey presented the Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award to Finance Director Samia Janjua.
APPROVAL OF MINUTES
The minutes of the Regular Session held 3/10/11 were approved as written.
RESOLUTION 2011-12 -COMPREHENSIVE ANNUAL FINANCIAL REPORT
Mayor Aubrey moved forward agenda item 6.E.1 at this time.
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2011-12 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED
BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 AND
• AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Terry Morton, Nowlen, Holt and Miner, gave an overview and explanation of the Comprehensive
Annual Finance Report for the fiscal year ending 9/30/10. Mr. Morton noted this is a "clean"
audit report or "unqualified opinion."
Minutes of Village Council Regular Session held March 24, 2011 Page 2 of 4
RESOLUTION 2011-12 -COMPREHENSIVE ANNUAL FINANCIAL REPORT continued
• Richard Podell, Vice Chairman, offered comments on behalf of the Audit Committee. Mr. Podell
suggested Council consider having the Audit Committee look at purchasing procedures for the
restaurant to ensure proper recording of expenditures. Additionally, Mr. Podell proposed
accelerating payment of the golf course renovation loan.
Thereafter, the motion to adopt Resolution 2011-12 passed unanimously.
SPECIAL USE PERMIT -FUTURE DENTAL ASSISTANTS OF AMERICA
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to approve an
application for Special Use Permit to allow Future Dental Assistants of America to operate a limited
continuing educational facility at 537 U.S. Highway 1 as a similar use to those permitted within the
C-A Commercial zoning district, subject to certain conditions and in accordance with Village policy.
Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor
Aubrey closed the public hearing.
Thereafter, the motion to approve the Special Use Permit passed unanimously.
1ST READING OF ORDINANCE 2011-OS - NORTHLAKE BOULEVARD OVERLAY
ZONING DISTRICT
A motion was made by President Pro Tem Manuel and seconded by Councilman Gebbia to adopt
on first reading Ordinance 2011-OS entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF
APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES, "ZONING," BY
AMENDING SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLY ZONING
DISTRICT (NBOZ)," TO EXTEND THE COMPLIANCE DEADLINE FOR NON-CONFORMING
LANDSCAPING AND SIGNS; PROVIDING FOR NOTIFICATION TO PROPERTY
OWNERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
Mr. Knight explained the Northlake Boulevard Overlay Zoning District (NBOZ) was created to adopt
a comprehensive, multi jurisdictional streetscape plan to retain and attract commercial activity
along the Northlake Boulevard corridor through the adoption of urban design guidelines. Mr. Knight
noted that all developments existing as of the effective date of adoption of the NBOZ regulations
(2/27/03) must conform to landscape requirements and signage requirements within eight years
and ten years respectively, of the effective date. Mr. Knight advised that the City of Palm Beach
Gardens informed the Village that it is extending its compliance dates until 2014 as an
accommodation to its business community.
• Discussion ensued regarding the number ofbusinesses that are not in compliance and concern was
expressed that the Village needs to ensure compliance with NBOZ requirements by the extended
deadline. The Northlake Boulevard Task Force will discuss extension of compliance deadlines at
its meeting on 3/28/11.
Thereafter, the motion to adopt Ordinance 2011-OS on first reading passed unanimously.
Minutes of Village Council Regular Session held March 24, 2011 Page 3 of 4
1ST READING OF ORDINANCE 2011-06 -VILLAGE MANAGER RESIDENCY REQUIREMENT
• A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
on first reading Ordinance 2011-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE IV, "MANAGER," OF CHAPTER 2,
"ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 2-115, "RESIDENCY," TO ALLOW A MAJORITY OF THE MEMBERS OF THE
VILLAGE COUNCIL TO WAIVE THE VILLAGE RESIDENCE REQUIREMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
Mr. Knight requested that Council consider amending Section 2-115 of the Village Code of
Ordinances as it relates to residency requirements for the position of Village Manager. Mr. Knight
reported that three municipalities in northern Palm Beach County have no residency requirements
for the city manager position, and other municipalities in the county and state provide for flexible
residency requirements subject to approval by the governing body.
During discussion, it was noted that the waiver of residency may be revoked, at which time the
manager would be required to attain village residency within 60 days or as specified by Council.
Thereafter, the motion to adopt Ordinance 2011-06 on first reading passed unanimously.
1ST READING OF ORDINANCE 2011-07 -BUDGET AMENDMENT -STREET SIGN
REPLACEMENT PROJECT
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
on first reading Ordinance 2011-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2010-2011
TO APPROPRIATE $270,819.00 TO FUND THE REPLACEMENT OF VILLAGE STREET
SIGNS AND STOP SIGNS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight noted that a prototype sign was placed at the intersection of South Anchorage Drive
and Eastwind Drive for public view. Mr. Knight reported the Village received two bids in
response to the Invitation to Bid (ITB) advertised on 2/12/11. Mr. Knight advised that should Council
approve first reading of the budget amendment, the bid award would be brought forward at the
next meeting. Mr. Knight explained the budget amendment ordinance provides for 10% contingency.
Councilman Hernacki requested clarification from the Village Attorney regarding a potential
conflict due to previous legal action between Hernacki Engineering and Baron Signs. Mr. Rubin
opined that Councilman Hernacki could vote on the budget amendment, as it is not specific to
• Baron Signs. Mr. Rubin will review the issue prior to the vote on the bid award.
Discussion took place regarding disposition of the old monument signs. Mr. Knight advised that
the old signs would be removed by the contractor.
Thereafter, the motion to adopt Ordinance 2011-07 on first reading passed unanimously.
Minutes of Village Council Regular Session held March 24, ZO11 Page 4 of 4
CONSENT AGENDA
• Councilman Hernacki moved to approve the consent agenda. The motion was seconded by Vice
Mayor Norris and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of the Zoning Board of Adjustment meeting held 2/3/2011
Receive for file Minutes of the Waterways Board meeting held 2/15/2011
Receive for file Minutes of the General Employees Pension Board meeting held 3/3/11
Receive for file Minutes of the Recreation Advisory Board meeting held 3/8/11
VILLAGE COUNCIL MATTERS/REPORTS
President Pro Tem Manuel gave a review of events during the Florida League of Cities Legislative
Action Days in Tallahassee.
Councilman Gebbia reported on the 2nd Annual Support Our Troops l OK/SK run.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported that Ranger Construction has requested approval to work Monday through
Thursday from 7:00 p.m to 7:00 a.m. during the remilling and resurfacing phase of FDOT's
Northlake Boulevard project. Discussion ensued regarding construction noise disturbing residents
at night and lane closures impeding access to businesses during the day. Mr. Knight and Public
Works Director Wiley Livingston will meet with representatives from Ranger Construction for
further discussion. Additionally, Mr. Knight will address the matter at the upcoming Northlake
Boulevard Task Force meeting, and will discover whether the Town of Lake Park plans to allow
work during evening hours.
Mr. Knight reported closeout of the outfall drainage repair project on Golfview Road.
Mr. Knight noted the South Florida Water Management District has declared a water shortage and
is imposing district-wide Phase 1 golf course and Phase II landscape irrigation restrictions. Mr. Knight
discussed the reduction in irrigation. Mr. Knight reviewed measures to mitigate any adverse impact on
the condition ofthe golf course.
Mr. Knight reviewed the FY2012 Budget Workshop schedule.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:37 p.m.
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Melissa Teal, CMC, illage Clerk
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