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02-09-2012 VC REG-M MINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 9, 2012 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris, Vice Mayor William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Edward M. Eissey, Ph.D., Councilman Jimmy Knight, Interim 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 The invocation was given by Mayor Aubrey and Vice Mayor Norris led the public in the Pledge. APPROVAL OF MINUTES The minutes of the Regular Session held 1/26/2012 were approved as written. RECREATION ADVISORY BOARD APPLICANT INTERVIEWS Joseph Bova and Charlotte Chickering were present for interviews with the Council. SPECIAL USE PERMIT—THE URBAN TEA ROOM The item was withdrawn by the applicant. CONSENT AGENDA A motion was made by President Pro Tem Manuel, seconded by Vice Mayor Norris, and passed unanimously to approve the consent agenda, which included the following items: Resolution 2012-12 appointing Robert Gebbia as the Village's representative on the Governing Board of the Seacoast Utility Authority Receive for file Minutes of the Waterways Board meeting held 12/13/11 Recommendation: regarding repeal of Village Code 5-26 (Workshop Agenda item 2.b) Receive for file Minutes of the General Employees Pension Board meeting held 12/15/11 • Receive for file Minutes of the General Employees Pension Board meeting held 1/20/12 Receive for file Minutes of the Library Advisory Board meeting held 1/24/11 Minutes of Village Council Regular Session held February 9, 2012 Page 2 of 4 RESOLUTION 2012-13—APPOINTING A MEMBER TO THE RECREATION ADVISORY BOARD • A motion was made by President Pro Tern Manuel, and seconded by Councilman Gebbia, to move 2nd alternate Chris Cantwell to 1st alternate. The motion passed unanimously. By written ballot, the original of which is attached to the minutes of record, the Council appointed Joseph Bova as the 2nd alternate member of the Recreation Advisory Board. Thereafter, Mr. Bova's name was entered into Resolution 2012-13. A motion was made by President Pro Tern Manuel and seconded by Councilman Eissey to adopt Resolution 2012-13 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING ONE MEMBER TO THE RECREATION ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2012-13 passed unanimously. RESOLUTION 2012-14—HERITAGE DAY AMUSEMENT RIDES A motion was made by President Pm Tem Manuel and seconded by Councilman Eissey to adopt Resolution 2012-14 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BIG FUN, INC. FOR HERITAGE DAY 2012 AMUSEMENT RIDES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2012-14 passed unanimously. RESOLUTION 2012-15 —LETTER OF INTENT WITH THE BENJAMIN SCHOOL FOR SALE OF CAROLINDA DRIVE PROPERTY A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt Resolution 2012-15 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LETTER OF INTENT FOR THE SALE OF VILLAGE OWNED REAL PROPERTY LOCATED ON THE NORTH SIDE OF CAROLINDA DRIVE AND WEST OF U.S. HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE BENJAMIN SCHOOL AND AUTHORIZING THE MAYOR TO EXECUTE THE LETTER OF INTENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight noted the Village purchased the .49 acre parcel of land from The Benjamin School in 2005 with the intent to construct a North Substation for fire rescue; however, because of county-mandated • level of service requirements, a secondary station is no longer necessary. Mr. Knight stated the School has proposed repurchasing the land for $128,000 in accordance with the Letter of Intent; should 1 Council agree to the sale and execute the Letter of Intent, a formal contract for purchase and sale would be brought back for Council review and final approval. Minutes of Village Council Regular Session held February 9, 2012 Page 3 of 4 RESOLUTION 2012-15 —LETTER OF INTENT WITH THE BENJAMIN SCHOOL FOR SALE OF CAROLINDA DRIVE PROPERTY continued • Mr. Knight reported that in order to address non-conformities, The Benjamin School filed an application to assign a future land use designation of commercial to its entire site, and to include the school within the C-1 zoning district, with a Planned Unit Development overlay. Additionally, Mr. Knight stated, The Benjamin School seeks to construct a new maintenance building and to rectify parking and pedestrian/traffic circulation issues, and wishes to include the Village-owned parcel within the school site. If Council approves a contract for sale and purchase, this parcel would be included in the land use, rezoning, and CPUD applications. Discussion ensued regarding the Carolinda Drive right-of-way. Mr. Rubin reviewed the ownership history of the right-of-way, and reported that currently the Village owns one-third and The Benjamin School owns two-thirds of the right-of-way. Mr. Rubin explained that should the transaction be finalized, the School would once again own the land parcel and the entire abandoned portion of the road right-of-way. Mr. Rubin noted the sale price is the appraised value of the parcel, plus the appraised value of one-third of the right-of-way. Discussion took place concerning the Village's current easement. Mr. Knight advised that the Village supports the School's plan to fence the property. Mr. Knight indicated that the School would allow the Village access to the property, if needed. Discussion was held regarding the necessity for rezoning the property. Mr. Rubin noted that non- conformities and inconsistent zoning would be addressed by establishing single categories for land use and zoning, with a PUD overlay. Thereafter, the motion to adopt Resolution 2012-11 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Aubrey announced a request from Dwyer High School for a contribution toward Project Graduation. Councilman Eissey moved to approve a contribution of$500 from Council Contingency. The motion was seconded by President Pro Tern Manuel and passed unanimously. Mayor Aubrey expressed that due to continued press coverage, the circumstances surrounding the Village Council's termination of the former manager continued to be an issue of public concern. Mayor Aubrey stated that because the Village's termination of the former manager was still generating inquiries from the public, he had requested the manager and attorney to draft a letter that Council might make available to residents. Mayor Aubrey distributed the draft letter to Council and requested input as to whether or not the Council wished to provide the residents a more complete explanation for the Council's action. During discussion, it was noted that the decision was not made arbitrarily or capriciously, but with the utmost consideration of what was best for Mr. Titcomb,the employees, and the Village as a whole. By consensus, Council took no further action on the matter. VILLAGE MANAGER MATTERS/REPORTS • Mr. Knight announced receipt of the last payment from Koller Properties in the amount of$175,000. Mr. Knight reported on plans to expand recreational vehicle storage at Anchorage Park. Mr. Knight authorized staff to apply for three $200,000 grants, which would be used to continue the walking path around the perimeter of the park and to provide screening and landscaping around the storage area. Minutes of Village Council Regular Session held February 9, 2012 Page 4 of 4 VILLAGE MANAGER MATTERS/REPORTS continued • Mr. Knight distributed photos of the storage building to be located at the southeast corner of the Community Center. Mr. Knight advised that the Planning Commission had reviewed and approved the project. Mr. Knight gave an update on the status of filling the police chief and human resources director positions. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:30 pin Melissa Teal, CMC, Village Clerk • • CLERK'S TALLY SHEET RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph 1 ! ` 1 Chickering, Charlotte / • -0 A (Signature) (Signature) • • BALLOT RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph � Chickering, Charlotte • / ;r it A (Signkur- /' • • BALLOT RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph Chickering, Charlotte • //1s ' • a - V • BALLOT RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph Chickering, Charlotte • jas,_ (Signature) • BALLOT RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph Chickering, Charlotte 1� : rte._ ignature) • • BALLOT RECREATION ADVISORY BOARD February 9, 2012 Vote for 1 Alternate Round 1 Round 2 Round 3 Bova, Joseph I/ Chickering, Charlotte In• r (Signature)- . •