03-08-2012 VC REG-M MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• MARCH 8, 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
Councilman Gebbia gave the invocation and Mayor Aubrey led the public in the Pledge of Allegiance.
AWARDS AND RECOGNITION
Mr. Knight introduced Richard Jenkins, the Village's new Chief of Police.
APPROVAL OF MINUTES
The minutes of the Regular Session held 2/23/2012 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2012-02 — CODE AMENDMENT —
CHAPTER 6, `BUILDING AND BUILDING REGULATIONS"
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Manuel to adopt and
enact on second reading Ordinance 2012-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 6, `BUILDING AND BUILDING REGULATIONS," OF THE
VILLAGE CODE OF ORDINANCES; AMENDING ARTICLE II, "MINIMUM CONSTRUCTION
STANDARDS," BY AMENDING SECTION 6-17, "CODES ADOPTED," TO PROVIDE FOR THE
ADOPTION OF THE CURRENT EDITION OF THE FLORIDA BUILDING CODE AND
ADOPTING A NEW SECTION 6-18, "CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS;"
AMENDING DIVISION 3, "CERTIFICATE OF APPROPRIATENESS," OF ARTICLE III,
"APPEARANCE CODE," BY AMENDING SECTION 6-57, "FINAL HEARINGS," SECTION 6-58,
"ACTION OF PLANNING COMMISSION," SECTION 6-59, "APPROVAL BY PLANNING
COMMISSION" AND SECTION 6-60, `FOLLOW-UP BY BUILDING INSPECTOR," TO
SUBSTITUTE COMMUNITY DEVELOPMENT DEPARTMENT FOR BUILDING INSPECTOR AND
MODIFY PLANNING COMMISSION PROCEDURES TO CONFORM TO CURRENT PRACTICE;
AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," BY AMENDING SECTION 6-
. 111, "GENERAL PROVISIONS," AND SECTION 6-117, "DESIGN, CONSTRUCTION AND
LOCATION STANDARDS," TO SUBSTITUTE COMMUNITY DEVELOPMENT DEPARTMENT
FOR BUILDING INSPECTOR AND REFERENCE FLORIDA BUILDING CODE REQUIREMENTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held March 8, 2012 Page 2 of 4
SECOND READING AND ENACTMENT OF ORDINANCE 2012-02 — CODE AMENDMENT -
• CHAPTER 6, `BUILDING AND BUILDING REGULATIONS" continued
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 2012-02 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2012-03 — ZONING CODE AMENDMENT — MECHANICAL
EQUIPMENT
A motion was made by Councilman Eissey and seconded by Vice Mayor Norris to adopt on first
reading Ordinance 2012-03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF
ORDINANCES, "ZONING," TO REGULATE THE LOCATION OF MECHANICAL EQUIPMENT
IN THE R-1 AND R-2 ZONING DISTRICTS; AMENDING ARTICLE I, "IN GENERAL" BY
AMENDING SECTION 45-2, "DEFINITIONS;" AMENDING ARTICLE III, "DISTRICT
REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING
DISTRICT," AND SECTION 45-28, "R-2 MULTIPLE-FAMILY DISTRICT," PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted that pursuant to Council direction at its 2/23/12 Workshop Session, the ordinance
had been revised to include language referencing side and rear setback requirements for the installation
of mechanical equipment.
Discussion ensued regarding setbacks and non-conforming uses. Mr. Rubin explained how the side
and rear setback measurements were determined. Mr. Rubin confirmed that properties not currently in
compliance with this ordinance generally would not have to make changes to existing equipment
unless it was totally replaced, destroyed, or damaged in excess of fifty percent of the value.
Discussion took place concerning the location for generators. Village Planner Jodi Nentwick advised
that generators must be ten feet from any opening, per NFPA (National Fire Protection Association)
rules. Discussion ensued on fencing or screening requirements. Ms. Nentwick reported screening is
required in R-2, but not in R-1.
Thereafter, the motion to adopt Ordinance 2012-03 on first reading passed unanimously.
CONSENT AGENDA
A motion was made by Councilman Eissey, seconded by Councilman Gebbia, and passed unanimously
to approve the consent agenda, which included the following items:
• Receive for file Minutes of the Police &Fire Pension Board meeting held 11/15/11
Receive for file Minutes of the Waterways Board meeting held 2/21/12
Minutes of Village Council Regular Session held March 8, 2012 Page 3 of 4
• RESOLUTION 2012-18—JULY 4, 2012 FIREWORKS DISPLAY
A motion was made by President Pro Tern Manuel, and seconded by Vice Mayor Norris, to adopt
Resolution 2012-18 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY PYRO ENGINEERING, INC. D/B/A
BAY FIREWORKS FOR THE JULY 4, 2012 FIREWORKS DISPLAY AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH
SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
It was suggested that funding be increased in the FY 2013 budget and sponsorship opportunities be
investigated. Juno Beach or Lake Park might be potential partners to share the cost of this event.
Thereafter, the motion to adopt Resolution 2012-18 passed unanimously.
RESOLUTION 2012-19—MUNIS SOFTWARE SUPPORT AND LICENSE AGREEMENT
A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt
Resolution 2012-19 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN ANNUAL SUPPORT AND LICENSE AGREEMENT FOR MUNIS
SOFTWARE WITH TYLER TECHNOLOGIES, INC. AS A SOLE SOURCE PURCHASE AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND
PROVIDING FOR AN EFFECTIVE DATE.
Discussion took place concerning maintenance of the accounting software system and options to
decrease the cost. Finance Director Samia Janjua noted that software support includes constant
updates to the various modules to improve functionality or comply with changes in the law.
Thereafter, the motion to adopt Resolution 2012-19 passed unanimously.
TURTLE COVE PROJECT
Discussion took place concerning the Turtle Cove project proposed by Palm Beach County
Environmental Resources Management (ERM).
Mr. Knight gave a presentation on the actions taken by staff at the direction of Council since first
learning of the project. Mr. Knight displayed aerial views of the project area in the Lake Worth
Lagoon depicting its current use as a mooring field, the 37.8 acre proposed seagrass area, Village
boundaries, and an existing navigation channel. Mr. Knight and Community Development Director
Chuck Huff met with ERM Director Rob Robbins, Deputy Director Daniel Bates, and Environmental
Program Supervisor Julie Bishop on March 7, 2012. Mr. Knight reviewed questions and answers from
the March 7th meeting.
• Mayor Aubrey reported on his meeting with Riviera Beach Councilperson Dawn Pardo, who offered to
work with the Village toward a compromise project that would have less area filled and raised.
Discussion ensued. Council expressed its support for the development of the Riviera Beach
waterfront; however, due to the number of people affected and the level of concern expressed by the
community, consensus of Council was to continue its opposition to the Turtle Cove project.
Minutes of Village Council Regular Session held March 8, 2012 Page 4 of 4
TURTLE COVE PROJECT continued
• Mr. Knight described a possible meeting on March 14th between Village Administration and
community stakeholders regarding the project. Mr. Knight announced a special workshop session
would be scheduled in the next two weeks for ERM to give a presentation on the project to Council.
MAYOR AND COUNCIL MATTERS/REPORTS
There were no matters or reports.
VILLAGE MANAGER MATTERS/REPORTS
There were no matters or reports.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:05 p.m.
Melissa Teal, CMC, Village Clerk
•