04-11-2013 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 11, 2013
William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
Robert A. Gebbia, President Pro Tern
David B. Norris, Councilman
Doug Bush, Councilman
Ed Green, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Mayor Manuel 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
Vice Mayor Aubrey gave the invocation and Councilman Bush led the public in the Pledge.
AWARDS AND RECOGNITION
Mayor Manuel proclaimed the week of April 14th — 20th 2013, as National Library Week in the
Village of North Palm Beach. Library Director Betty Sammis and Reference Librarian Diana Kirby
were present to accept the proclamation.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 03/28/2013 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -07 — INVESTMENT
POLICY REVISION
A motion was made by Councilman Norris and seconded by President Pro Tem Gebbia to adopt and
enact on second reading Ordinance 2013 -07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION,"
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2 -4, "INVESTMENT
POLICY OF THE VILLAGE," TO EXPAND THE LIST OF AVAILABLE INVESTMENT
OPTIONS AND TO CLARIFY THAT THE QUARTERLY INVESTMENT REPORT MAY BE
PREPARED BY THE FINANCE DIRECTOR OR THE DIRECTOR'S DESIGNEE; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reviewed the changes to the investment policy.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2013 -07 on second reading passed unanimously.
Minutes of Village Council Regular Session held April 11, 2013 Page 2 of 3
FIRST READING OF ORDINANCE 2013 -04 — CODE AMENDMENT — NOISE REGULATIONS
(TABLED ON 3/14/13
A motion was made by Councilman Norris, seconded by President Pro Tern Gebbia and passed
unanimously, to remove from the table first reading of Ordinance 2013 -04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 19 OF THE VILLAGE CODE OF ORDINANCES,
"OFFENSES AND MISCELLANEOUS PROVISIONS," BY REPEALING ARTICLE VI IN ITS
ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE VI, "NOISE CONTROL;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed revisions to the Ordinance to address: noise from individual multi - family units
in residential districts; maximum decibel levels for noise from commercial and light industrial
properties that share a portion of their boundary with residential properties; noise from vessels; use of
power equipment in residential districts; time restrictions for maximum decibel levels; emergency
work and generator use by communications and utility providers. Mr. Green reviewed Section 4 -12
of the Village Code, which governs barking dogs and animal noises.
Discussion took place regarding these issues: decibel levels; the definition of "Period of observation"
and the standard and method of sound measurement; noise from vessels, mechanical noise from air
conditioning units; and spikes in noise from passing traffic.
By consensus, Council approved the Ordinance changes as proposed and directed Mr. Rubin to
amend the Ordinance to provide for a noise measurement duration of one minute.
Thereafter, the motion to adopt Ordinance 2013 -04 on first reading passed unanimously.
CONSENT AGENDA APPROVED
A motion was made by Councilman Norris, seconded by President Pro Tem Gebbia, and passed
unanimously, to approve the consent agenda, which included the following items:
Receive for file Minutes of the Planning Commission meeting held 3/12/13
Receive for file Minutes of the Waterways Board meeting held 3/19/13
Receive for file Minutes of the Planning Commission meeting held 4/2/13
RESOLUTION 2013 -20 — BUDGET AMENDMENT — COUNTRY CLUB DRIVING RANGE
BUILDING
A motion was made by President Pro Tern Gebbia and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -20 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE ADOPTED COUNTRY CLUB BUDGET FOR FISCAL YEAR
2012 -2013 TO TRANSFER $35,945.00 FROM THE COUNTRY CLUB GOLF COURSE
MAINTENANCE CONTRACTUAL SERVICES ACCOUNT, WITH $19,945.00 ALLOCATED
l TO THE FOOD AND BEVERAGE CONSTRUCTION AND MAJOR RENOVATION ACCOUNT
J TO PROVIDE ADDITIONAL FUNDING FOR THE DRIVING RANGE BUILDING RENOVATIONS
AND $16,000.00 ALLOCATED TO THE FOOD AND BEVERAGE FURNITURE, FIXTURES
AND EQUIPMENT ACCOUNT TO FUND THE PURCHASE OF NECESSARY EQUIPMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held April 11, 2013 Page 3 of 3
RESOLUTION 2013 -20 — BUDGET AMENDMENT — COUNTRY CLUB DRIVING RANGE
n BUILDING continued
\ ! Mr. Green related the history of this item and presented the final construction and equipment costs
for the driving range building. Discussion took place regarding the viability of the project. Mr. Green
opined that the Tavern on the Turn would be profitable; however, recovery of costs would not occur
in the first year. Community Development Director Chuck Huff reported on the construction
timetable. Discussion ensued on staffing levels and employee costs. Food and Beverage Director
David Naumann and Golf Director Lee Stroever addressed Council regarding the project.
Thereafter, the motion to adopt Resolution 2013 -20 passed unanimously.
RESOLUTION 2013 -21— MOWING AND LANDSCAPE MAINTENANCE SERVICES CONTRACT
A motion was made by Councilman Bush and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -21 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE CONTRACT FOR MOWING
AND LANDSCAPE MAINTENANCE SERVICES WITH TOTAL MAINTENANCE BUILDING
SERVICES, INC. TO EXTEND THE TERM OF THE CONTRACT 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.
Mr. Green noted the Mowing and Landscape Maintenance contract expired on December 13, 2012.
Mr. Green recommended extending the term of the contract in lieu of issuing a Request for
Proposals at this time. Mr. Green reported that Total Maintenance had agreed to continue their
services at the current rate.
Thereafter, the motion to adopt Resolution 2013 -21 passed unanimously.
MAYOR AND COUNCIL MATTERS /REPORTS
Councilman Bush reported attending the meeting of the Protect Our Beaches coalition, a new group
dedicated to protecting beaches from erosion.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Green gave an update on the Veterans Memorial Park project. Because specifying wood as the
trellis material would increase the cost of the project, Mr. Green stated the construction drawings
specify the use of a plastic composite. Mr. Green noted the Invitation to Bid would provide for a
bid alternate using wood.
AUDIT COMMITTEE ANNUAL REPORT
Chairman Tom Magill presented the Annual Report on behalf of the Audit Committee.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:50 p.m.
w T
Melissa Teal, CMC, Village Clerk