07-12-2012 VC REG-M MINUTES OF THE REGULAR SESSION
III VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 12, 2012
Present: David B. Norris, Mayor
William L. Manuel, Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tern
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
Mayor Norris gave the invocation and Vice Mayor Manuel led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 6/28/12 were approved as written.
FIRST READING OF ORDINANCE 2012-06—ESTABLISHING A BUSINESS ADVISORY BOARD
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt
on first reading Ordinance 2012-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY
ADOPTING A NEW ARTICLE VII, "BUSINESS ADVISORY BOARD;" PROVIDING FOR
BOARD CREATION, TERMS, COMPOSITION AND DUTIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion took place concerning the mission and duties of the Business Advisory Board with
regard to sustainability of existing businesses and economic development. President Pro Tem
Aubrey moved to amend the motion to adopt Ordinance 2012-06 by revising Section 17-74(a), to
add language regarding sustainability, and to replace the word "economic" with "business" in
Section 17-74(b)(5). The motion to amend passed unanimously.
Council suggested that staff begin advertising for applicants for the board.
• Thereafter,the motion to adopt Ordinance 2012-06, as amended,on first readin g passed unanimously.
Minutes of Village Council Regular Session held July 12, 2012 Page 2 of 3
FIRST READING OF ORDINANCE 2012-07 — NORTHLAKE BOULEVARD OVERLAY
• ZONING AMENDMENT
A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt on
first reading Ordinance 2012-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45), "ZONING," ARTICLE III,
"DISTRICT REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT,"
TO ADOPT A PROCEDURE FOR REVIEW OF CONDITIONAL AND SPECIAL PERMIT
USES IN SECTION 4-1 AND TO ADOPT A NEW LAND USE CHART IN SECTION 4-2 TO
INCORPORATE USES WITHIN BOTH THE CENTRAL AND EAST DISTRICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green advised that the purpose of the Northlake Boulevard Overlay Zoning District (NBOZ)
was to adopt a comprehensive, multi jurisdictional streetscape plan to retain and attract commercial
activity along the corridor through the adoption of urban design guidelines. Mr. Green explained
the guidelines were divided into West, Central, and East districts and provided for different
permitted, conditional, and special uses within each district based on underlying land use. Mr. Green
noted that when the NBOZ was adopted in February 2003, only those uses designated for the
East District were adopted; however, certain properties within the Village and in the future
annexation area are within the Central District boundaries. Mr. Rubin confirmed that the
borderline for the Central District begins at the west side of Alternate Al A.
Thereafter, the motion to adopt Ordinance 2012-07 on first reading passed unanimously.
MORATORIUM ON ADULT ARCADE AMUSEMENT FACILITIES
Mr. Rubin discussed the types of adult arcade amusement facilities sometimes referred to as
internet cafés or sweepstake redemption centers. Mr. Rubin detailed cities in Palm Beach
County that have pending legislation or have already banned such facilities.
Mr. Rubin recommended the Village Council enact an ordinance banning these establishments
and requested a motion to move forward with the drafting of an ordinance.
Discussion ensued on types of internet cafés. Mr. Rubin advised the essential difference is in the
use of simulated gambling devices. Mr. Rubin gave the definition of this term, which was used
by Seminole County in its ordinance.
Mr. Rubin explained that if Council wished to allow establishments using simulated gambling
devices, the moratorium could be extended while the appropriate regulations regarding such use
are prepared and enacted.
Discussion took place on the options of banning or regulating with regard to potential challenges,
• as well as the possibility of county or state legislative action on this issue.
A motion was made by President Pro Tem Aubrey, seconded by Councilman Bush, and passed
unanimously to direct the Village Attorney to prepare an ordinance banning internet cafes of the
gambling type.
Minutes of Village Council Regular Session held July 12,2012 Page 3 of 3
MAYOR AND COUNCIL MATTERS/REPORTS
• Regarding the North Palm Beach Yacht Club's kayak race challenge, Mayor Norris advised he
would be away on vacation at race time and asked for a designee. Councilman Bush was
selected to participate, if his schedule allowed.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Green reported an employee accident and stated the accident review committee would be convened.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:12 p.m.
Ze— -/(7&
7/7(,,,e-1./4. i _ e--
Melissa Teal, CMC, Village Clerk
•