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01-10-2008 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 10, 2008 Present: Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Darryl Aubrey, Councilman T.R. Hemacki, P.E., Councilman Jimmy Knight, Village Manager Leonazd Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey 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 Norris gave the invocation and Councilman Hernacki led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The minutes ofthe Regulaz Session held 12/13/07 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2008-O1 -CODE AMENDMENT - FLAG POLE HEIGHTS Vice Mayor Manuel moved that Ordinance 2008-O1 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 6-115 TO INCREASE THE MAXIMUM HEIGHT OF FLAG POLES WITHIN SPECIFIED ZONING DISTRICTS AND THE MAXIMUM SIZE OF FLAGS; PROVIDING FOR NON-CONFORMING STATUS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Aubrey seconded the motion. Mayor Eissey opened the public hearing. There were no comments from the public. Mayor Eissey closed the public hearing. Village Manger Jimmy Knight reported that the Planning Commission reviewed the proposed ordinance at its 1/8/08 meeting and recommended that the flag size should be in accordance with U.S. flag etiquette. Minutes of Village Council Regular Session held January 10, 2008 Page 2 of 7 Discussion ensued on the maximum distance from top to bottom of flag(s) as a percentage of the total flagpole height. Village Attorney Len Rubin recommended keeping a specific number and noted that 30% is the Palm Beach County standazd. Thereafter, the motion to adopt and enact Ordinance 2008-O1 on second reading passed unaz~imously. SECOND READING AND ENACTMENT OF ORDINANCE 2008-02 -CODE AMENDMENT -GENERAL EMPLOYEES PENSION PLAN Vice Mayor Manuel moved that Ordinance 2008-02 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 3, "PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-148 TO AUTHORIZE EARLY RETIREMENT FOR TERMINATED VESTED PARTICIPANTS AND TO CORRECT AND CLARIFY EXISTING LANGUAGE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Hernacki seconded the motion. Mayor Eissey opened the public heazing. There were no comments from the public. Mayor Eissey closed the public heazing. Brief discussion took place concerning retirement and the meaning of the phrase "terminated vested participant" in Section (d). It was noted that in the case of a terminated employee, "retire" means collecting a benefit. Thereafter, the motion to adopt and enact Ordinance 2008-02 on second reading passed unanimously. PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT -ALL SMILES DENTAL ASSISTING SCHOOL. LLC Vice Mayor Manuel moved to approve an application for Similaz Uses Special Permit to allow Scott G. Duff, DMD to operate a dental assistant school at 712 U.S. Highway 1, conditioned upon a maximum occupancy of 14 people and in accordance with Village policy. President Pro Tem Norris seconded the motion. Mr. Knight noted that Mr. Duffrequested a maximum occupancy of 20 people; however, the Fire Department recommended a maximum occupancy of 14 people. Mayor Eissey opened the public heazing. Dr. Duff requested clazification on whether operation on Saturday only was still a condition of the permit. Village Planner Jodi Nentwick confirmed that, according to Mr. Duffs letter, he requested to operate the dental school on Saturday; therefore, the permit allows the school on Saturday only. Minutes of Village Council Regular Session held January 10, 2008 Page 3 of 7 Discussion ensued on the impact on pazking for other businesses in the building. It was noted that because the dental school will operate on Saturdays, it will not affect pazking. Dr. Duff clazified that while there aze similar schools throughout the state, his school is unique and not a branch of any other school. Mayor Eissey closed the public heazing. It was suggested that the Fire Safety Inspection Report should specify whether the. occupancy limit is a National Fire Protection Association (NFPA) requirement or a Building Code requirement. Thereafter, the motion to approve a Special Use Permit for All Smiles Dental Assisting School, LLC passed unanimously. FIRST READING OF ORDINANCE 2008-03 -CODE AMENDMENT -ELECTIONS Vice Mayor Manuel moved that Ordinance 2008-03 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," AND ARTICLE IV, "POLLING PLACE" AND REPEALING ARTICLE III, "INSPECTORS AND CLERK," OF CHAPTER 1Q "ELECTIONS," OF THE VILLAGE CODE OF ORDINANCES TO REMOVE SUPERSEDED LANGUAGE AND OTHERWISE CONFORM TO STATE LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Hernacki seconded the motion. During discussion, by Council consensus, the ordinance was revised to specify Palm Beach County, with regazd to references to the Supervisor of Elections. Thereafter, the motion to adopt Ordinance 2008-03 on first reading passed unanimously. FIRST READING OF ORDINANCE 2008-04 -CODE AMENDMENT -FLOATING DOCKS Councilman Aubrey moved that Ordinance 2008-04 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 5-83, "MINIMUM DESIGN REQUIREMENTS," AND SECTION 5-85, "REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN," TO ALLOW FLOATING DOCKS IN LAKE WORTH AND THE ATLANTIC OCEAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Manuel seconded the motion. Mr. Knight reported that the Waterways Board voted unanimously at its 12/20/07 meeting to approve the proposed code amendments. Minutes of Village Council Regular Session held January 10, 2008 Page 4 of 7 It was suggested that staff and the Waterways Board review the complete code section for any further revisions needed. Mr. Knight will look into correcting the entire section. Thereafter, the motion to adopt Ordinance 2008-04 on first reading passed unanimously. CONSENT AGENDA Vice Mayor Manuel moved to approve the consent agenda. Councilman Aubrey seconded the motion, which passed unanimously. The following items were approved: Resolution 2008-O1 directing Village Clerk to publish notice of General Election to be held 3/11/08; designating the PBC Supervisor of Elections to canvass absentee ballots and elections returns; designating the PBC Supervisor of Elections or his designee, as the Village's representative for the Logic and Accuracy testing of the tabulating equipment for the General Election and the runoff election, should there be one Receive Minutes of Country Club Advisory Board meeting held 11/19/07 Receive Minutes ofLibrary Advisory Board meeting held 11/27/07 Receive Minutes ofAudit Committee meeting held 12/10/07 Receive Minutes of Country Club Advisory Board meeting held 12/10/07 Receive Minutes of Recreation Advisory Board meeting held 12/11/07 RESOLUTION 2008-02 ADOPTED SUPPORTING FL LEAGUE OF CITIES RESOLUTION ON PROPOSED CONSTITUTIONAL AMENDMENT Vice Mayor Manuel moved that Resolution 2008-02 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA SUPPORTING FLORIDA LEAGUE OF CITIES RESOLUTION 2007-12 URGING CITIZENS TO CONSIDER THE CONSEQUENCES OF THE PROPOSED CONSTITUTIONAL AMENDMENT CONCERNING PROPERTY TAXES ON THE JANUARY BALLOT AND SUPPORTING A CONSTITUTIONAL AMENDMENT PROHIBITING UNFUNDED STATE MANDATES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Vice Mayor Manuel expressed the need to educate citizens on the consequences of the proposed property tax amendment, which will impact the Village's ability to raise revenue. Vice Mayor Manuel observed that Council consideration of afee-based system for sanitation and fire services is a direct result of the possibility that the proposed constitutional amendment will pass, and noted that the proposed amendment does not address non-homesteaded property or new home buyers. Councilman Aubrey concurred and stated that the proposed constitutional amendment worsens the existing inequity in the State's tax structure. Thereafter, the motion to adopt Resolution 2008-02 passed unanimously. Minutes of Village Council Regular Session held January 10, 2008 Page 5 of 7 RESOLUTION 2008-03 ADOPTED -EMERGENCY REPAIR OF STORM DRAIN PIPE Vice Mayor Manuel moved that Resolution 2008-03 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION.CORPORATION TO PROCEED WITH THE REPAIRS TO A STORM DRAIN PIPE ON EASTWIND DRIVE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hemacki seconded the motion. Councilman Hernacki praised the Sanitation Department employee who identified this problem and noted that the conscientiousness ofour employees is an asset to the Village. Thereafter, the motion to adopt Resolution 2008-03 passed unanimously. RESOLUTION 2008-04 ADOPTED APPROVING LIBRARY LONG-RANGE PLAN Vice Mayor Manuel moved that Resolution 2008-04 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LONG RANGE STRATEGIC PLAN FOR THE VILLAGE LIBRARY AND AUTHORIZING THE FILING OF SUPPLEMENTAL DOCUMENTS IN SUPPORT OF THE VILLAGE'S APPLICATION FOR STATE AID TO LIBRARIES GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion and all present voted aye. RESOLUTION 2008-OS ADOPTED -SEACOAST UTILITY AUTHORITY AGREEMENT Vice Mayor Manuel moved that Resolution 2008-OS entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CLASS "A" RECLAIMED WATER AGREEMENT BETWEEN THE VILLAGE AND SEACOAST UTILITY AUTHORITY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. Mr. Knight discussed the new watering restrictions imposed by the South Florida Water Management District and the need to utilize reclaimed water for irrigating the golf course. Mr. Knight reviewed the recurring vests associated with the agreement, including a fixed monthly chazge based on availability and a water consumption chazge based upon actual usage. Mr. Knight reported that Seacoast has agreed to defer chazges associated with the agreement until the reclaimed water is available. Mr. Knight advised that a permit must be obtained from the Department of Environmental Protection and the water line must be installed before the Village can begin utilizing reclaimed water. Minutes of Village Council Regular Session held January 10, 2008 Page 6 of 7 Discussion ensued on the amount of water needed to irrigate the golf course; the volume ofwater available through Seacoast and the length of time required to pump it; the projected yearly cost; and the possibility of a legal challenge to the South Florida Water Management District's edict regarding the use of water from the C-17 Canal. Discussion took place concerning irrigation of U.S. Highway 1 swales, Lakeside Park, and landscaping at the Public Safety Facility and Village Hall. It was noted that these areas are not listed in Exhibit "A", Property Description, in the agreement. Mr. Knight and Mr. Rubin will clarify this if necessary. Mr. Knight gave an estimate on the time needed to install the water line and the projected starting date to begin irrigating with reclaimed water. A Special Meeting may be requested for Council approval of the water line installation agreement. Brief discussion ensued on water restrictions. Thereafter, the motion to adopt Resolution 2008-OS passed unanimously. RESOLUTION 2008-06 ADOPTED - INTERLOCAL AGREEMENT WITH SOLID WASTE AUTHORITY Vice Mayor Manuel moved that Resolution 2008-06 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR THE DELIVERY OF DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey sewnded the motion. By consensus, Council requested that the Village Attorney contact the Solid Waste Authority concerning the possibility of adding an attorney's fees clause to the agreement. Discussion ensued on Section 8, Commercial Recycling Revenue Share. Mr. Knight confirmed that the Village has a separate agreement providing for payment to the Village for commercial recyclable materials. Thereafter, the motion to adopt Resolution 2008-06 passed unanimously. PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT CLOSEOUT TABLED TO 1-24-08 Vice Mayor Manuel moved to authorize final payment to Dekay Garden Center in the amount of $10,482 for the Prosperity Farms Road Beautification Project. President Pro Tem Norris seconded the motion. Discussion ensued on the total cost of the project, the money reimbursed to date, and additional reimbursement due from Palm Beach County. Minutes of Village Council Regular Session held January 10, 2008 Page 7 of 7 Mr. Knight will review the project cost, reimbursements received and due, and prepaze a report to the Council on those items. During discussion, it was requested that the project sign-off letter from Dekay Gardens' landscape azchitect be provided. Mr. Livingston confirmed that there is a one-year warranty on the trees. It was suggested that a warranty document confirming the start date and warranty period be obtained. It was noted that the line numbers for items on the AIA documents aze not consistent from one draw to the next. President Pro Tem Norris moved to table this item to the next meeting. Vice Mayor Manuel seconded the motion, and all present voted aye. COUNCIL MATTERS Mayor Eissey, Vice Mayor Manuel, and Councilman Aubrey announced their intent to run for re-election in Mazch. VILLAGE MANAGER MATTERS Mr. Knight gave an overview of the Village's investment accounts. Mr. Knight advised that the State Board of Administration and the Evergreen investment accounts aze being monitored daily. Mr. Knight projects a possible $150,000 loss in anticipated interest income for this budget yeaz, due to mazket conditions. Mr. Knight advised that $525,000 was budgeted for interest income. Mr. Knight reported on the status of golf memberships and rounds played. Mr. Knight reviewed the quarterly reports for the General Fund and Country Club. With the assistance of IT Manager Michael Applegate, Mr. Knight demonstrated the new on- hold telephone message and presented the new website. Mayor Eissey announced a flag raising ceremony at Old Port Cove on 1/20/08 at 2:00 p.m. ADJOURNMENT With no further business to wme before the Council, the meeting adjourned at 9:17 p.m ~- ~~~~~'~i1~ Melissa Teal, CMC, Village Clerk