05-26-2011 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 26, 2011
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Present:
Absent:
ROLL CALL
Darryl C. Aubrey, Sc.D., Mayor
David B. Norris, Vice Mayor
T.R. Hernacki, P.E., Councilman
Robert A. Gebbia, Councilman
Len Rubin, Village Attorney
Jimmy Knight, Village Manager
Melissa Teal, CMC, Village Clerk
William L. Manuel, President Pro Tem
Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present,
except President Pro Tem Manuel, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Hernacki gave the invocation and Vice Mayor Norris led the public in the Pledge
of Allegiance.
APPROVAL OF MINUTES
The minutes of the Special Session held 5/9/11 and the Regular Session held 5/12/11 were
approved as written.
STATEMENTS FROM THE PUBLIC
Representative Pat Rooney, District 83, reported on the 2011 Legislative Session. Representative
Rooney will attend a Council meeting in September in order to afford Council an opportunity to
discuss the impact of recent legislation.
SECOND READING AND ENACTMENT OF ORDINANCE 2011-09 -CODE AMENDMENT -
STANDARDS FOR PORTABLE STORAGE CONTAINERS AND ROLL-OFF DUMPSTERS
A motion was made by Councilman Hernacki and seconded by Councilman Gebbia to adopt and
enact on second 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 listed the changes made at first reading.
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 2011-09 on second reading passed unanimously
Minutes of Village Council Regular Session held May 26, 2011 Page 2 of 3
SECOND READING AND ENACTMENT OF ORDINANCE 2011-10 COMMERCIAL AND
,INDUSTRIAL PLANNED UNIT DEVELOPMENTS
• A motion was made by Councilman Hernacki and seconded by Vice Mayor Norris, to adopt and
enact on second 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.
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 2011-10 on second reading passed unanimously.
CONSENT AGENDA
Councilman Gebbia 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 2011-20 Amending Resolution 2011-16 to reflect the correct term of the
resident member of the Police and Fire Pension Board
Receive for file Minutes of the Planning Commission meeting held 5/10/11
Recommendation: amend Section 45-35.1, Planned Unit Development, to decrease
minimum size to one acre; clarify subdivision code application requirements;
provide for Industrial Planned Unit Developments, "recommend to Village Council
as submitted."
Recommendation: Proposed Comprehensive Plan Amendment 11-2 to update
Capital Improvements Element (CIE), including Five-Year Schedule of Improvements
"recommend to Village Council as submitted."
Receive for file Minutes of the Recreation Advisory Board meeting held 5/10/11
RESOLUTION 2011-21 -COMMUNITY DEVELOPMENT DEPARTMENT SOFTWARE
A motion was made by Vice Mayor Norris, seconded by Councilman Hernacki, and passed
unanimously to adopt Resolution 2011-21 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
• FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY TYLER TECHNOLOGIES, INC.
(NIUNIS DIVISION) FOR THE REPLACEMENT OF COMMUNITY DEVELOPMENT
DEPARTMENT SOFTWARE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held May 26, 2011 Page 3 of 3
RESOLUTION 2011-22 - INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY
FOR URBAN COUNTY PROGRAM
• A motion was made by Councilman Gebbia and seconded by Councilman Hernacki to adopt
Resolution 2011-22 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH
PALM BEACH COUNTY FOR PARTICIPATION IN THE URBAN COUNTY PROGRAM TO
ACCESS COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight explained that this three-year agreement makes North Palm Beach eligible to receive
any economic stimulus or disaster recovery funding that is distributed to the county by the federal
government. Mr. Knight reported that although the Village has not previously received funding
from the program, there is no cost to the Village or its residents to participate.
Discussion ensued on Section 11 ofthe agreement, which references the Office ofthe Inspector General.
Mr. Rubin advised that the Village is subject to the jurisdiction of the Inspector General (IG)
effective June 1, 2011, and the IG is referenced in all county agreements.
Thereafter, the motion to adopt Resolution 2011-22 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Regarding the Council's previous consideration of candidates for the Golf Advisory Board,
Councilman Gebbia suggested that if the vote was influenced by an inaccurate comment regarding
attendance, Council might wish to reconsider. Further discussion of the matter was deferred until
a full Council was present.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight advised the preliminary report from the Palm Beach County Property Appraiser
indicates a further reduction in property values of approximately 3%, which is a loss of $350,000
in ad valorem tax revenue.
Mr. Knight reported that the pool has reopened.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:16 p.m.
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Melissa Teal, CMC, Village Clerk
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