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08-14-2014 VC REG-MMINUTES OF THE REGULAR SESSION (" VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA t, AUGUST 14, 2014 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, President Pro Tem William L. Manuel, Councilman Doug Bush, Councilman Jim Kelly, Village Manager Leonard Rubin, Village Attorney Melissa Teal, 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 Bush gave the invocation. The Pledge of Allegiance was led by President Pro Tern Norris. APPROVAL OF MINUTES The Minutes of the Regular Session held July 24, 2014 were approved as written. SECOND READING OF ORDINANCE 2014 -07 — CODE AMENDMENT PROHIBITING RETAIL SALE OF DOGS AND CATS A motion was made by Councilman Manuel and seconded by President Pro Tem. Norris to adopt and enact on second reading Ordinance 2014 -07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING CHAPTER 4, "ANIMALS AND FOWL," OF THE VILLAGE CODE OF ORDINANCES TO PROHIBIT THE RETAIL SALE OF DOGS AND CATS AND REGULATE BREEDING ACTIVITIES WITHIN THE VILLAGE; AMENDING SECTION 4 -1, "DEFINITIONS;" CREATING A NEW SECTION 4 -13, "BREEDING AND RETAIL SALE OF DOGS AND CATS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly noted that at its July 24, 2014 Regular Session, Council approved first reading of the proposed ordinance without modification. Mr. Kelly requested Council approval of the ordinance on second, final reading. Mayor Aubrey opened the public hearing. Jackie Miele, 17104 79th Court North, Loxahatchee, related her daughter's experience working as a kennel tech in a pet store and spoke in favor of the ordinance. Minutes of Village Council Regular Session held August 14, 2014 Page 2 of 3 SECOND READING OF ORDINANCE 2014 -07 — CODE AMENDMENT PROHIBITING RETAIL SALE OF DOGS AND CATS continued Don Anthony, 1431 North Federal Highway, Fort Lauderdale, Communications Director for the Animal Rights Foundation of Florida, expressed support for the ordinance. Mr. Anthony stated more than 25 cities in South Florida and 50 cities around the country have passed similar laws. Mr. Anthony stated a ban on commercially bred animals would help end the suffering of dogs in puppy mills and protect consumers and tax payers without hurting small businesses. Michael Quinn, 4210 Hyacinth Circle North, Palm Beach Gardens, owner of Woof Gang Bakery in Palm Beach, requested unanimous support of the ordinance as written. Mr. Quinn stated his business is successful without the sale of dogs and cats, and he supports the adoption of needy dogs and cats through animal rescue groups. Laurie Raber Gottlieb, 630 Island Drive, Palm Beach, Board Member of Peggy Adams Animal Rescue League, urged Council to pass the ordinance. Ms. Gottlieb stated the ordinance protects animals, proactively stops stores in nearby municipalities from relocating in North Palm Beach, and protects North Palm Beach taxpayers from buying animals from puppy mills and bearing the cost of sheltering and euthanizing unwanted animals. Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2014 -07 on second reading passed unanimously. CONSENT AGENDA APPROVED A motion was made by Vice Mayor Gebbia, seconded by Councilman Manuel, and passed unanimously to approve the consent agenda. The following items were approved: Receive for file Minutes of the General Employees' Pension Board meeting held 5/20/14 Receive for file Minutes of the Golf Advisory Board meeting held 6/16/14 RESOLUTION TABLED — LIBRARY AND PUBLIC WORKS COMPLEX REROOF A motion was made by Councilman Manuel and seconded by Councilman Bush to adopt Resolution 2014 -48 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY ROOFING CONCEPTS UNLIMITED /FLORIDA, INC. FOR THE REROOF OF THE VILLAGE LIBRARY AND THE PUBLIC WORKS COMPLEX AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $175,680.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FACILITIES — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT AND THE LIBRARY — CONSTRUCTION AND MAJOR r RENOVATION CAPITAL ACCOUNT TO FUND THE PURCHASE; AND PROVIDING FOR i AN EFFECTIVE DATE. Minutes of Village Council Regular Session held August 14, 2014 Page 3 of 3 RESOLUTION TABLED — LIBRARY AND PUBLIC WORKS COMPLEX REROOF continued Mr. Kelly reported on bids received for the reroof of the Library and Public Works Complex and recommended that Council accept the lowest bid of $175,680 from Roofing Concepts Unlimited. Mr. Kelly advised that the contractor had requested amending Article 2, "Period of Service," ¶A, to change the time of completion from 30 calendar days to 45 business days, as completion could be delayed due to weather or the time needed to obtain the manufacturer's warranty. Discussion took place concerning the requested amendment to extend the period of service, as well as the bid bond, liquidated damages, and payment process. Public Works Director Brian Moree discussed the manufacturer's warranty required by the Village. Mr. Moree reviewed the payment process. Discussion ensued regarding rebidding the project. Mr. Rubin stated the Village could request bids on price and time to complete the project, which would allow consideration of both factors in awarding the bid. Discussion was held regarding altering the Library roof to appear more like the roof on the Village Hall building. Thereafter, a motion was made by Councilman Manuel, seconded by Councilman Bush, and passed unanimously, to table the proposed resolution. MAYOR AND COUNCIL MATTER/REPORTS Councilman Manuel acknowledged the efforts of the Police Department in conducting successful National Night Out events. Mayor Aubrey offered congratulations to the Police Department on achieving recertification by CALEA (Committee on Accreditation for Law Enforcement Agencies). Chief Jenkins credited Captain Lange for his work in this regard. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:09 p.m. Melissa Teal, CMC, Village Clerk i �