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06-28-2012 VC REG-M MINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 28, 2012 Present: David B. Norris, Mayor William L. Manuel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pm Tem Robert A. Gebbia, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Norris 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 President Pro Tern Aubrey gave the invocation and Councilman Bush led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held 6/14/12 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2012-05 — SMALL-SCALE COMP PLAN AMENDMENT 12-2—NORTH PALM BEACH ELEMENTARY SCHOOL A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt and enact on second reading Ordinance 2012-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN (AMENDMENT 12-2) TO AMEND THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP BY ADOPTING SPECIAL POLICY 5.19 TO PROVIDE FOR A FLOOR AREA RATIO OF 0.35 FOR AN APPROXIMATELY 9.9 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF ANCHORAGE DRIVE AND EASTWIND DRIVE KNOWN AS NORTH PALM BEACH ELEMENTARY SCHOOL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Angela Usher, Facilities Planning and Coordination Manager, School District of Palm Beach County, was present to answer questions regarding the amendment. • Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter,the motion to adopt and enact Ordinance 2012-05 on second reading passed unanimously. Minutes of Village Council Regular Session held June 28, 2012 Page 2 of 3 SPECIAL USE PERMIT—AMICI IMPORTS, LLC • Mr. Green reported on the Similar Use Request Application by Lawrence Smith, Esq., Agent for the property owner, Village Shoppes at U.S. 1, LLC, to allow Amici Imports, LLC (tenant) to operate a professional office with ancillary wine storage and wholesale wine distribution at 107 U.S. Highway One. Mayor Non-is opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Lawrence Smith, was present to represent the property owner, Village Shoppes at U.S. 1, LLC, and Jack Kaminski, was present on behalf of the tenant, Amici Imports, LLC. Discussion took place regarding licenses, frequency of deliveries, and ancillary products. Mr. Kaminski explained that because the frun is federally regulated as an importer, and state regulated as a wholesaler, it is prohibited from retail sales. Mr. Kaminski stated the location would be used as a distribution facility and offices for other of its companies. Regarding additional ancillary products such as olive oil, Mr. Rubin clarified the special permit allows wine storage and wholesale wine distribution; therefore, sales of any other products would require Council approval. It was requested that in future, all special permits requests be placed on a Workshop Session agenda for Council discussion. A motion was made by Vice Mayor Manuel, seconded by Councilman Gebbia, and passed unanimously, to approve the application for a Special Use Permit to allow Amici Imports, LLC to operate a professional office with ancillary wine storage and wholesale wine distribution at 107 U.S. Highway One as a similar use to those permitted within the C-3 Regional Business District, subject to certain conditions and in accordance with Village policy. CONSENT AGENDA Item 6.D.3 was removed from the consent agenda. Thereafter,Vice Mayor Manuel moved to approve the consent agenda The motion was seconded by President Pro Tem Aubrey and passed unanimously. The consent agenda included the following items: Receive for file Minutes of the Library Advisory Board meeting held 5/22/12 Receive for file Minutes of the Waterways Board meeting held 5/22/12 Receive for file Minutes of the Recreation Advisory Board meeting held 6/11/12 RECEIVE FOR FILE MINUTES OF THE GOLF ADVISORY BOARD MEETING HELD 6/11/12 Discussion took place concerning the Board's recommendation regarding partial credit of a paid membership, wherein the Board referred the matter to Council `with a recommendation in favor of the requested waiver"or alternately, approved the waiver, if the Board had that authority. Discussion ensued on authorizing refunds of Enterprise Fund revenues, as well as approval of Country Club Rules and Regulations. Mr. Rubin noted that by resolution, the Golf Advisory Board, is authorized to administer and enforce rules, and the rules provide for the Board being • the arbiter of refund requests. Mr. Rubin opined there are no ethical implications if Council wishes to delegate that function to the Golf Advisory Board. It was requested that the topic of refunds and Country Club Rules and Regulations be placed on an upcoming agenda for discussion. Thereafter, a motion to receive for file Minutes of the Golf Advisory Board meeting held 6/11/12 was made by Vice Mayor Manuel, seconded by President Pro Tem Aubrey, and passed unanimously. Minutes of Village Council Regular Session held June 28, 2012 Page 3 of 3 • RESOLUTION 2012-41 —MICROSOFT OFFICE 2010 SOFTWARE LICENSE PURCHASE A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt Resolution 2012-41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF SEVENTY-FIVE MICROSOFT OFFICE 2010 SOFTWARE LICENSES FROM SHI INTERNATIONAL CORPORATION BY PIGGYBACKING THE UNITED STATES GENERAL SERVICE ADMINISTRATION CONTRACT FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY (EQUIPMENT, SOFTWARE AND SERVICES);AND PROVIDING FOR AN EFFECTIVE DATE. Discussion ensued on the cost of the licenses. Mr. Green and Information Technology Director Michael Applegate reviewed the licensing structure. Thereafter, the motion to adopt Resolution 2012-41 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS By consensus, Council appointed Vice Mayor Manuel as the voting delegate and President Pro Tem Aubrey as the alternate voting delegate (should one be necessary) for the Florida League of Cities Annual Conference in August 2012. Vice Mayor Manuel noted that the first day of the conference falls on August 23rd, the date of a Council Regular Session. Vice Mayor Manuel moved to suspend the fourth Thursday meeting in August, and call a special meeting on August 30, 2012. Councilman Bush seconded the motion,which passed unanimously. Vice Mayor Manuel reported on the Palm Beach County League of Cities meeting held 6/20/12. VILLAGE MANAGER MATTERS/REPORTS Mr. Green reported on his review of departmental budgets for FY 2013. Mr. Green discussed the use of existing CIP (capital improvement plan) funds and developer fees to address approximately $800,000 of outstanding requests in the Five Year Capital Improvement Plan. Mr. Green announced that staff and the Gehring Group are evaluating rate quotations for employee benefits, with recommendations to be presented to Council at its July 11 Budget Workshop. Mr. Green reported on the successful Health Fair hosted by Human Resources for Village employees on 6/27/12. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:08 p.m. • Melissa Teal, CMC, Village lerk