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11-10-2011 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 10, 2011 • Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor T.R. Hernacki, P.E., Councilman William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Leonard Rubin, Village Attorney James Titcomb, 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 Hernacki gave the invocation and Mayor Aubrey led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Regular Session held 10/27/11 were approved as written. AWARDS AND RECOGNITION Mr.Titcomb introduced David Naumann,the new Director of Food and Beverage at the Country Club. STATEMENTS FROM THE PUBLIC State Representative Pat Rooney, District 83, addressed the Council concerning redistricting and other issues to be considered during the legislative session. DECLARATION OF EX PARTE COMMUNICATIONS Councilman Hemacki reported a telephone call with Collene Walter of Urban Design Kilday Studios, regarding the height of the Yacht Club building in the Old Port Cove South Marina CPUD. SECOND READING AND ENACTMENT OF ORDINANCE 2011-20 — OLD PORT COVE SOUTH MARINA CPUD A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2011-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "OLD PORT COVE SOUTH MARINA" ON APPROXIMATELY 2.28 ACRES OF REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND NORTH • OF THE LAKE WORTH INLET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATION, WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held November 10, 2011 Page 2 of 6 SECOND READING AND ENACTMENT OF ORDINANCE 2011-20 — OLD PORT COVE SOUTH MARINA CPUD continued • Collene Walter and Marty Minor, Urban Design Kilday Studios; Kyle Duncan, Simmons &White; Chris Benvenuto, Gunster, Yoakley; and Stewart; and Rick Morgan, Old Port Cove Holdings, Inc., were present to answer questions about the project. Ms. Walter reported receipt of an updated letter from the Village's transportation consultant, McMahon Associates, Inc., as requested by Council at first reading of the proposed ordinance. Ms. Walter reviewed revisions to Section 8.0 of Ordinance 2011-20, which allows for a minor increase in height of the Yacht Club building in conjunction with the permitting process for the replacement of the roof and mechanical equipment. Ms. Walter gave a presentation on the existing roof and proposed changes. Mayor Aubrey opened the public hearing. Gary Pires, 120 Lakeshore Drive, addressed the Council regarding concerns with the height and color of the Yacht Club building roof. Mr. Pires requested that the Property Owners Association be notified if the increase in roof height exceeds four feet. Mayor Aubrey closed the public hearing. Discussion ensued on the proposed change in the approval process to allow staff level approval of a height increase up to four feet, without requiring review and approval by the Planning Commission or Village Council. Discussion took place on the maximum allowable increase in roof height that may be approved at the staff level. It was suggested that the Planning Commission, through the Certificate of Appropriateness process, review and approve any increase in excess of one foot in the overall building height, necessitated by the roof replacement and 'installation of mechanical systems; further, with regard to Section 9.D, any height increase that exceeds the minimum increase necessitated by the roof replacement and installation of mechanical systems not be considered a minor modification. Councilman Hernacki moved to amend Section 8.0 of Ordinance 2011-20 as discussed, by deleting reference to 15% and specifying a "not to exceed a total height of 28.9 feet" with any increase above 28.9 feet requiring approval by the Planning Commission through the Certificate of Appropriateness process. The motion was seconded by Councilman Gebbia. Mr. Rubin read the proposed revision to Section 8.C, line 4 "...as measured from adjacent grade level to highest point of the roof not to exceed 28.9 feet provided that all changes in excess of 28.9 feet shall be approved by the Planning Commission through the Certificate of Appropriateness process." Mr. Rubin confirmed that he would revise language in Section 9.D to reflect this change. • Thereafter,the motion to amend Ordinance 2011-20 passed unanimously, and the motion to adopt and enact Ordinance 2011-20 on second reading, as amended,passed unanimously. Minutes of Village Council Regular Session held November 10, 2011 Page 3 of 6 SECOND READING AND ENACTMENT OF ORDINANCE 2011-21 -CODE AMENDMENT- PUBLIC SAFETY • A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2011-21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT THE DIVISION OF THE PUBLIC SAFETY DEPARTMENT INTO THE LAW ENFORCEMENT (POLICE) DEPARTMENT AND THE FIRE RESCUE DEPARTMENT; AMENDING CHAPTER 1, "GENERAL PROVISIONS, BY AMENDING SECTION 1-9; AMENDING ARTICLE III, "ADMINISTRATIVE CODE," OF CHAPTER 2, "ADMINISTRATION," BY AMENDING SECTIONS 2-40, 2-41, 2-75, 2-76 AND ADDING NEW SECTIONS 2-81, 2-82 AND 2-83; AMENDING ARTICLE I, "IN GENERAL," ARTICLE II, "DOGS AND CATS," AND ARTICLE III, "RABIES CONTROL," OF CHAPTER 4, "ANIMALS AND FOWL," BY AMENDING SECTIONS 4-5, 4-12, 4-29, 4-30 AND 4-44; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," BY AMENDING SECTIONS 5-17, 5-19, 5-20, 5-21 AND 5-22; AMENDING ARTICLE II, "CIVIL DISORDERS AND DISTURBANCES," OF CHAPTER 8, "EMERGENCY MANAGEMENT," BY AMENDING SECTION 8-22; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 9, "COUNTRY CLUB," BY AMENDING SECTION 9-2; AMENDING ARTICLE II, "EMERGENCY MEDICAL SERVICES," OF CHAPTER 11.5, "EMERGENCY SERVICES," BY AMENDING SECTION 11.5-21; AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," AND ARTICLE IV, "RECOVERY OF COSTS FOR CLEANUP, ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCES," OF CHAPTER 12, "FIRE PREVENTION AND PROTECTION," BY AMENDING SECTIONS 12-18, 12-102, 12-103, 12-104 AND 12-105 AND DELETING ARTICLE III, "FIRE DIVISION," IN ITS ENTIRETY; AMENDING ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," BY AMENDING SECTION 14-31; AMENDING ARTICLE II, "OPERATION OF VEHICLES GENERALLY," OF CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," BY AMENDING SECTION 18-19; AMENDING ARTICLE VI, "NOISE CONTROL," ARTICLE VII, "WEAPONS," AND ARTICLE X, "ALARMS," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY AMENDING SECTIONS 19- 116, 19-117, 19-185, 19-186, 19-207, 19-209, 19-210, 19-211, 19-213, 19-215 AND 19-217; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," BY AMENDING SECTIONS 20-5 AND 20-6; AMENDING ARTICLE III, "RESERVE FORCE," OF CHAPTER 23, "POLICE," BY AMENDING SECTIONS 23-42, 23-45 AND 23-48; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb noted that the Village's annual budget for fiscal year 2012 formally recognized the elimination of the Public Safety Director position and the division of the Public Safety Department into two separate departments, the Law Enforcement (Police) Department, headed by the Chief of Police, and the Fire Rescue Department, headed by the Fire Chief. Mr. Titcomb stated the ordinance is a housekeeping measure so that the Code of Ordinances reflects the change. IllMayor 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 2011-21 on second reading passed unanimously. Minutes of Village Council Regular Session held November 10, 2011 Page 4 of 6 FIRST READING OF ORDINANCE 2011-22 — FIRE AND POLICE PENSION PLAN AMENDMENTS • A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2011-22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR POLICE AND FIRE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES FOR THE PURPOSES OF INTERNAL REVENUE CODE COMPLIANCE; AMENDING SECTION 2-159, "DEFINITIONS," TO PROVIDE FOR THE CREATION OF THE TRUST; AMENDING SECTION 2-161, `BENEFIT AMOUNTS," TO ADOPT INTERNAL REVENUE CODE SERVICE LIMITS AND ADD REQUIRED MINIMUM DISTRIBUTIONS; AMENDING SECTION 2-170, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTION," TO COMPLY WITH INTERNAL REVENUE CODE REQUIREMENTS REGARDING ROLLOVERS AND MANDATORY DISTRIBUTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Police and Fire Pension Board Attorney Bonni Jensen explained the changes. Ms. Jensen reported the actuarial impact statement had been received and stated there would be no material effect or change in operation of the plan. Ms. Jensen advised the purpose is to ensure that the ordinance contains all the language needed to meet the requirements of the Internal Revenue Code. Thereafter, the motion to adopt Ordinance 2011-22 on first reading passed unanimously. CONSENT AGENDA Item 6.D.4 and item 6.D.7 were removed from the consent agenda. Councilman Hernacki moved to approve the consent agenda. The motion was seconded by Vice Mayor Norris and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the Planning Commission meeting held 9/6/2011 Receive for file Minutes of the Waterways Board meeting held 9/20/11 Receive for file Minutes of the Planning Commission meeting held 10/4/2011 Receive for file Minutes of the Library Advisory Board meeting held October 25, 2011 Receive for file Minutes of the Planning Commission meeting held 11/1/2011 RESOLUTION 2011-47—LAUNCH MONITOR SYSTEM PURCHASE A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt Resolution 2011-47 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF A LAUNCH MONITOR SYSTEM FROM TRACKMAN INC. FOR USE AT THE NORTH PALM BEACH • COUNTRY CLUB; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Lee Stroever reviewed the warranty provisions and described the uses and benefits of this teaching tool. Thereafter, the motion to adopt Resolution 2011-47 passed unanimously. Minutes of Village Council Regular Session held November 10, 2011 Page 5 of 6 MINUTES OF THE WATERWAYS BOARD MEETING HELD 10/18/11 RECEIVED FOR FILE Discussion took place concerning the recommendation of the Waterways Board that Section 5-26, • which prohibits fueling of floating of marine craft at other than a marine service station, should be removed from the Code of Ordinances. This issue will be placed on an upcoming Workshop Agenda for discussion. Thereafter, a motion was made by Councilman Hernacki, seconded by Councilman Gebbia, and passed unanimously, to receive for file the Minutes of the Waterways Board meeting held 10/18/11. RESOLUTION 2011-48 - CITY CENTRE CPUD AMENDMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-48 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE SHOPPES AT CITY CENTRE PLANNED UNIT DEVELOPMENT TO REVISE THE APPROVED LANDSCAPE PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Marty Minor and Nick Mihelich, Urban Design Kilday Studios, were present to review the amendment. Discussion took place concerning the proposed replacement of the existing oaks with palm trees, as well as possible relocation of the oak trees. Mr. Mihelich explained the site conditions and advised it is not feasible to relocate the oak trees. Thereafter, the motion to adopt Resolution 2011-48 passed unanimously. RESOLUTION 2011-49—FY 2010-2011 COUNTRY CLUB BUDGET AMENDMENT A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-49 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE FISCAL YEAR 2010-2011 COUNTRY CLUB BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Sarnia Janjua explained the resolution is in accordance with the Budget Ordinance and is required in order to close the fiscal year and commence the audit process. During discussion, the importance of tracking which line items were over or under budget was noted. Mr. Rubin and Mrs. Janjua advised the budget ordinance could be changed in the next fiscal year to require balancing by fund,rather than department,eliminating the need to adopt this type of year-end budget amendment. Thereafter, the motion to adopt Resolution 2011-49 passed unanimously. RESOLUTION 2011-50—FY 2010-2011 GENERAL FUND BUDGET AMENDMENT A motion was made by President Pro Tem Manuel, seconded by Councilman Hernacki, and passed unanimously,to adopt Resolution 2011-50 entitled: IIIA RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE FISCAL YEAR 2010-2011 GENERAL FUND BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held November 10, 2011 Page 6 of 6 RESOLUTION 2011-51 —DIGITAL LIBRARY SERVICES AGREEMENT A motion was made by Vice Mayor Norris and seconded by Councilman Hernacki to adopt Resolution 2011-51 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE VILLAGE LIBRARY TO PARTICIPATE IN A DIGITAL LIBRARY RESERVE SERVICES AGREEMENT BETWEEN THE SOUTHEAST FLORIDA MUNICIPAL LIBRARIES DIGITAL CONSORTIUM AND OVERDRIVE, INC. TO PROVIDE ELECTRONIC BOOKS TO PATRONS OF THE VILLAGE LIBRARY; AUTHORIZING THE VILLAGE MANAGER AND MEMBERS OF VILLAGE ADMINISTRATION TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTIONS NECESSARY TO ENSURE PARTICIPATION;AND PROVIDING FOR AN EFFECTIVE DATE Library Director Betty Sammis explained the benefit to the Library of participating in the program. Thereafter, the motion to adopt Resolution 2011-51 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Councilman Gebbia announced a barbeque for the Support Our Troops volunteers at the Country Club on Veterans Day, and noted that more than 1,000 soldiers would receive care packages in this year's holiday shipment. VILLAGE MANAGER MATTERS/REPORTS Mr. Titcomb announced the Veterans Day event at Osborne Park. Mr. Titcomb reminded Council that Village offices and the Library would be closed for Veterans Day. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:22 p.m. Melissa Teal, CMC, Village Clerk S