05-12-2011 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 12, 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 Aubrey 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
Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of Allegiance.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Aubrey presented Larry and Mary Camerlengo with a
Key to the Village of North Palm Beach, in recognition of their patriotic and meritorious service to
the North Palm Beach Support Our Troops Program.
APPROVAL OF MINUTES
The minutes of the Special Session held 4/25/11, the Special Session held 4/28/11, and the
Regulaz Session held 4/28/11 were approved as written.
STATEMENTS FROM THE PUBLIC
On behalf of the Old Port Cove Property Owners Association, Thomas Anastasi, President, Louis
Daniello, Vice President-Treasurer, and Patricia Freedman presented a Commendation to Village
Manager Jimmy Knight for his service to the residents, guests, and employees of Old Port Cove.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-08 -BUDGET AMENDMENT -
CONIMUNITY DEVELOPMENT SOFTWARE
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2011-08 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 $89,222.00 TO FUND THE PURCHASE OF COMMUNITY
DEVELOPMENT DEPARTMENT SOFTWARE AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT ON BEHALF OF THE
• VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Aubrey opened the public heazing. There being no comments from the public, Mayor
Aubrey closed the public heazing.
Thereafter, the motion to adopt and enact Ordinance 2011-08 on second reading passed unanimously.
Minutes of Village Council Regular Session held May 12, 2011 Page 2 of 4
FIRST READING OF ORDINANCE 2011-09 -CODE AMENDMENT -IMPLEMENTING
STANDARDS FOR PORTABLE STORAGE CONTAINERS AND ROLL-OFF DUMPSTERS
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
on first reading Ordinance 2011-09 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 BY AMENDING
SECTION 45-36, "GENERAL PROVISIONS," TO REGULATE THE USE OF PORTABLE
STORAGE CONTAINERS AND ROLL-OFF CONSTRUCTION DUMPSTERS IN ALL
ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted a revision to subsection (5)c to allow extensions due to ongoing construction
lasting longer than 180 days.
Discussion ensued regarding permit fees, allowable number of portable storage containers (PODs)
onsite atone time, allowable number of PODs per year, and location of PODs and dumpsters.
By consensus, Council agreed to waive the permit fee for aroll-off dumpster when there is an
active building permit for the property; allow PODs for seven days before a permit is required;
allow more than one POD per property per year in the case of change in owner or resident
It was noted that the permit fee would be nominal to cover administrative costs, with the fee to be
approved by resolution. Regarding allowing dumpsters in the swale, Community Development
Director Chuck Huff explained that dumpsters would not be allowed in the Swale for the entire
period of construction, but could be placed in the Swale at closeout of construction, subject to
permission of the Community Development Director. It was clarified that more than one POD
would be allowed during the time a permit is not required; however, a permit would not be issued
for more than one POD.
Thereafter, the motion to adopt Ordinance 2011-09 on first reading passed unanimously
FIRST READING OF ORDINANCE 2011-10 COMMERCIAL AND INDUSTRIAL PLANNED
UNIT DEVELOPMENTS
A motion was made by President Pro Tem Manuel, and seconded by Councilman Hernacki, to
adopt on first reading Ordinance 2011-10 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 45-35.1, "PLANNED UNIT DEVELOPMENT," TO DECREASE THE
MINIMUM SIZE FOR ALL COMMERCIAL PLANNED UNIT DEVELOPMENTS TO ONE
ACRE, TO CLARIFY THAT THE SUBDIVISION CODE APPLICATION REQUIREMENTS
DO NOT APPLY TO COMMERCIAL PLANNED UNIT DEVELOPMENTS, AND TO
• PROVIDE FOR INDUSTRIAL PLANNED UNIT DEVELOPMENTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Ordinance 2011-10 on first reading passed unanimously.
Minutes of Village Council Regular Session held May 12, 2011 Page 3 of 4
CONSENT AGENDA
Vice Mayor Norris moved to approve the consent agenda. The motion was seconded by
• Councilman Hernacki and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of the General Employees Pension Board meeting held 3/16/11
Receive for file Minutes of the Ad Hoc Business Advisory Committee meeting held 4/6!11
Receive for file Minutes of the Waterways Board meeting held 4/19/11
Recommendation: "Change 5-84.5 to Docks, fixed and floating, in the North
Palm Beach Waterway, shall extend a maximum of ten(10') feet out from the face
of the bulkhead wall" (see WS Agenda #2.a)
Recommendation: that Village Council "send a letter of support for the
establishment of sanctuary regulations but not to include fishing pier in boundary"
Receive for file Minutes of the Library Advisory Board meeting held 4/26/11
RESOLUTION -COMMUNITY DEVELOPMENT DEPARTMENT SOFTWARE -REMOVED
Mayor Aubrey announced that this item had been removed from the agenda.
RESOLUTION 2011-17 -ENGINEERING SERVICES AGREEMENT
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2011-17 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A CONTINUING CONTRACT FOR PROFESSIONAL
ENGINEERING SERVICES WITH ENGENUITY GROUP, INC. AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Engineer Keith Jackson was present on behalf of Engenuity Group, Inc. Discussion took place
regarding liability insurance. Mr. Rubin confirmed that except for professional liability, the
Village is included as an additional named insured on general liability insurance policies of
Engenuity Group, Inc. and its subcontractors and subconsultants.
Thereafter, the motion to adopt Resolution 2011-17 passed unanimously.
RESOLUTION 2011-18 -INDEPENDENT AUDITOR AGREEMENT
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-18 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, EXTENDING THE VILLAGE'S AGREEMENT WITH NOWLEN, HOLT
& MINER, P.A. FOR INDEPENDENT ANNUAL AUDITING SERVICES; APPROVING A
FIRST AMENDMENT TO AGREEMENT FOR AUDITING SERVICES AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR
• CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Terry Morton was present on behalf of Nowlen, Holt & Miner, P.A. Mr. Rubin confirmed that
renewal is at the option of the Village, and that extension of the agreement meets Village
purchasing regulations. Mr. Rubin advised that this procurement is statutorily mandated.
Thereafter, the motion to adopt Resolution 2011-18 passed unanimously
Minutes of Village Council Regular Session held May 12, 2011 Page 4 of 4
RESOLUTION 2011-19 -ACCOUNTING POLICIES AND PROCEDURES MANUAL
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
• Resolution 2011-19 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A REVISED AND UPDATED ACCOUNTING POLICIES
AND PROCEDURES MANUAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Knight advised that the auditors recommended certain changes to the Accounting Policies and
Procedures Manual, including establishing capitalization thresholds in accordance with the GASB
2001 Guidance Statement #34, and setting a dollar threshold of $2,000, above which food and
beverage inventory purchases would require approval of the Village Manager before an order is
initiated. Mr. Knight explained that staff identified other policies and procedures that were no
longer applicable or had been amended but not incorporated into the manual; therefore, the manual
had been updated to include current procedures as well as the modifications recommended by the
auditors. Mr. Knight reported that the revised document was reviewed by Nowlen, Holt & Miner, P.A.
to ensure that it corresponds with their recommendations and supports best accounting principles.
Mr. Knight clarified that restaurant purchases over $2,000 require three quotes as well as Village
Manager approval.
Thereafter, the motion to adopt Resolution 2011-19 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Mayor Aubrey noted the recommendation of the Waterways Board regarding a proposed marine
sanctuary in the area of the Blue Heron Bridge that would permit fishing and diving and provide
for diving safety. Councilman Gebbia explained the intent of the sanctuary is to preserve unique
species offish and animals by precluding their collection for commercial sale. Waterways Board
member Jerry Sullivan reported the proposed sanctuary would be under the jurisdiction of Palm
Beach County and advised that the Waterways Board supported a sanctuary; however it expressed
concern that draft regulations could be interpreted to prohibit fishing from the pier, which the
Board felt should be allowed to ~ntinue. Mr. Sullivan stated board member Bill Hipple is researching
the matter. Council requested more information before taking action on the recommendation.
President Pro Tem Manuel gave a public apology to Mark Griffith. At the Special Session held
4/28/2011, at which Council made appointments to Village boards, President Pro Tem Manuel
noted he incorrectly stated that Mr. Griffith had missed four meetings, when in fact it had been
Mr. Mathison, whose name was directly below Mr. Griffith's on the report provided to Council.
President Pro Tem Manuel wanted to acknowledge publicly Mr. Griffith's perfect attendance record.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:37 p.m.
~ ~~~~
Melissa Teal, CMC, Village Clerk