06-23-2011 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• -JUNE 23, 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 staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Gebbia gave the invocation and President Pro Tem Manuel led the public in the
Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the Regular Session held 6/9/11 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-11 -CODE AMENDMENT -
FLOATING DOCKS IN THE NORTH PALM BEACH WATERWAY
A motion was made by President-Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2011-11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 4, "DOCKS AND PIERS," OF ARTICLE III,
"CONSTRUCTION REQUIREMENTS," OF CHAPTER 5, "BOATS, DOCKS AND
WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 5-
84, "REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE
WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS TO EXTEND A
MAXIMUM OF TEN (10) FEET FROM THE BULKHEAD IN THE NORTH PALM BEACH
WATERWAY, TO RESTRICT THE MOORING OF VESSELS ON EXTENDED FLOATING
DOCKS, AND TO CLARIFY REFERENCES TO THE FACE OF THE BULKHEAD;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted the addition Section 5-84(13) to clarify references to "face ofthe bulkhead wall."
• Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor
Aubrey closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-11 on second reading passed unanimously.
Minutes of Village Council Regular Session held June 23, 2011 Page 2 of 4
SECOND READING AND ENACTMENT OF ORDINANCE 2011-12 -BUDGET AMENDMENT -
SOUTHWEST NEIGHBORHOOD SIDEWALKS AND STREETLIGHTS PROJECT
• A motion was made by Vice Mayor Norris and seconded by Councilman Gebbia to adopt and enact
on second reading Ordinance 2011-12 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 $431,992.00 TO FUND SIDEWALK AND LIGHTING IMPROVEMENTS
IN THE SOUTHWESTERN RESIDENTIAL NEIGHBORHOOD 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.
Mr. Knight reported that the proposal for engineering services and scope of work was being
finalized with the Village Engineer. Mr. Knight explained that once engineered drawings were
completed, the plans would be provided to Council and a charrette would be held for the public to
view the plans.
Discussion was held concerning the viability of obtaining a cost estimate for sidewalks on only
one side the street.
Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor
Aubrey closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2011-12 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2011-13 - ANNUAL UPDATE TO FIVE-YEAR
SCHEDULE OF IMPROVEMENTS
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
on first reading Ordinance 2011-13 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, UPDATING THE FIVE-YEAR SCHEDULE OF IMPROVEMENTS SET
FORTH IN THE CAPITAL IMPROVEMENTS ELEMENT OF THE VILLAGE OF NORTH
PALM BEACH COMPREHENSIVE PLAN AS REQUIRED BY STATE STATUTE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Discussion took place concerning the list of capital improvement items included in the Five-Year
Schedule of Improvements (Schedule.) Mr. Knight and Mr. Rubin noted that adoption of the
proposed ordinances does not commit the Village to funding the specified items, as the Schedule
is an evolving document that will be updated on a yearly basis. Mr. Rubin advised that the
Schedule is a guiding document or framework for the Village, and capital items necessary to
maintain current levels of service are the only ones for which funding would be mandatory.
• Mr. Knight explained that the Schedule was prepared prior to the enactment of recent legislation,
when the scope and effective date of legislative changes was unknown. Mr. Rubin noted that next
year's Schedule could be less extensive, due to legislative changes made this year.
Thereafter, the motion to adopt Ordinance 2011-13 on first reading passed unanimously.
Minutes of Village Council Regular Session held June 23, 2011 Page 3 of 4
FIRST READING OF ORDINANCE 2011-14 -CODE AMENDMENT -VILLAGE MANAGER
A motion was made by Vice Mayor Norris and seconded by Councilman Gebbia to adopt on first
• reading Ordinance 2011-14 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 REPEALING SECTION 2-116, "REMOVAL,"
IN ITS ENTIRETY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight explained that Section 2-116 of the Village Code of Ordinances, which mandates the
amount of severance benefits paid to the Village Manager, has been superseded by recent
legislation that caps the amount of severance that can be paid to municipal employees. Therefore,
the Village Attorney has recommended repeal of Section 2-116 of the Village Code of Ordinances.
Thereafter, the motion to adopt Ordinance 2011-14 on first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Manuel moved to approve the consent agenda. The motion was seconded by
Vice Mayor Norris and passed unanimously. The consent agenda included the following items:
Resolution 2011-26 Approving a Fourth Amendment to the Amended and Restated
Interlocal Agreement relating to the Northlake Boulevard Task Force
Receive for file Minutes of the Golf Advisory Board meeting held 5/9/11
Receive for file Minutes of the Library Advisory Board meeting held 5/24/11
Receive for file Minutes of the Recreation Advisory Board held 6/14/11
RESOLUTION 2011-27 -PERMIT FEES FOR PORTABLE STORAGE CONTAINERS AND
ROLL-OFF DUMPSTERS
A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to
adopt Resolution 2011-27 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING A PERMIT FEE AND PERMIT RENEWAL FEE FOR
PORTABLE STORAGE CONTAINERS AND ROLL-OFF CONSTRUCTION DUMPSTERS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that in conjunction with the adoption of Ordinance 2011-09, which established
standards and regulations for portable storage containers (PODS) and construction dumpsters,
Village Administration recommends a nominal permit fee of $25 and renewal fee of $10 for the
use of PODS and dumpsters. Mr. Knight noted that there would be no fee for aroll-off
construction dumpster permit provided the occupant of the property possesses an active building
• permit and ongoing construction continues on the property.
Discussion ensued on the seven-day period for temporary use with regard to code enforcement.
Thereafter, the motion to adopt Resolution 2011-27 passed unanimously.
Minutes of Village Council Regular Session held June 23, 2011 Page 4 of 4
ZONING IN PROGRESS ENACTED FOR ADULT ARCADE AMUSEMENT FACILITIES
Mr. Knight recommended Council enact a zoning in progress for adult arcade amusement facilities
• pending consideration of an ordinance adopting a formal moratorium on the acceptance of any
application or request for approval of such establishments. Mr. Knight reviewed the types of
facilities and possible negative effects of such facilities, and reported on the status of state legislation.
A motion was made by Councilman Gebbia and seconded by Councilman Hernacki, to enact a zoning
in progress for adult arcade amusement facilities pending consideration of an ordinance adopting a
moratorium on the acceptance of any application or request for approval of such establishment.
During discussion of the proposed ordinance, questions were raised regarding any affect on
children's arcade or game rooms, whether arcades are present in the Village, and whether the
ordinance as proposed would affect restaurants.
Therea$er, the motion passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Council discussed rescheduling the Country Club Budget Workshop from 7/6/11 to the 7/13/11. It
was determined to keep to the previously established Budget Workshop schedule.
By consensus, Council suspended the August 11, 2011 Regular Session due to lack of a quorum,
as all five councilmen would be in attendance at the Florida League of Cities Annual Conference.
Mayor Aubrey noted there are two vacancies on the Ad Hoc Business Advisory Committee and the
Committee terms expire at the end of September. Mayor Aubrey requested Council direction on
whether to continue the Committce on an ad hoc basis or transition to a permanent advisory board.
Councilman Gebbia suggested filling the current vacancies and extending the term of the ad hoc
committee until April, at which time Council could determine whether to continue it as an ad hoc
committee, convert it to a regular advisory board, or disband it. By consensus, Council approved this
suggestion and directed the Village Clerk to contact previous applicants who may be interested in
renewing their applications.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reviewed the critical drought conditions.
Mr. Knight reported on the Village street .sign project scheduled to commence Monday in Section A
(south of the Earman River.) The project should be completed by the end of August.
Mr. Knight requested Council guidance regarding ongoing projects and the transition between
Village Managers, particularly regarding the time necessary to transfer the beverage license for the
Country Club. It was suggested that a consulting arrangement or agreement be considered to
address these issues. A motion was made by Councilman Hernacki, seconded by Councilman Gebbia,
and passed unanimously authorizing Mayor Aubrey and Mr. Rubin to negotiate with Mr. Knight
and bring forward an agreement for Council's consideration.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:42 p.m.
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Melissa Teal, CMC, Village Clerk