08-30-2012 VC SP-MMINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 30, 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
Vice Mayor Manuel gave the invocation and Councilman Gebbia led the public in the Pledge.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Norris presented a Certificate of Appreciation to
Todd Engle in recognition of his service to the Village on the Planning Commission.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 8/9/12 were approved as written.
CONSENT AGENDA
Vice Mayor Manuel moved to approve the consent agenda. The motion was seconded by President
Pro Tern Aubrey and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of the Police and Fire Pension Board meeting held 5/15/12
Receive for file Minutes of the Golf Advisory Board meeting held 7/9/12
Receive for file Minutes of the Library Advisory Board meeting held 7/24/12
Receive for file Minutes of the Audit Committee meeting held 8/6/12
INTERVIEWS OF PLANNING COMMISSION APPLICANTS
The following persons were present for interviews with the Village Council:
Kathy Baummier Thomas Hogarth Corey O'Gorman
Alfred Cilcius Albert Kozar Benjamin Schreier
Minutes of Village Council Special Session held August 30, 2012 Page 2 of 3
RESOLUTION 2012 -47 — PLANNING COMMISSION APPOINTMENTS
Mayor Norris noted the Village Code of Ordinances requires that certain professions be represented
on the Planning Commission. Mayor Norris reviewed three options to fill the vacant positions.
A motion was made by Vice Mayor Manuel, and seconded by President Pro Tem. Aubrey to
appoint Corey O'Gorman to the North Palm Beach Business position, Thomas Hogarth to the
Engineer position, and to move Benjamin Schreier from 2nd alternate to the Land Use Planner or
Architect position. The motion passed unanimously. Thereafter, the names of Corey O'Gorman,
Thomas Hogarth, and Benjamin Schreier were entered into Resolution 2012 -47.
By written ballot, the original of which is attached to the minutes of record, the Council appointed
Alfred Cilcius as the 2nd alternate of the Planning Commission. Thereafter, the name of Alfred Cilcius
was entered into Resolution 2012 -47.
A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt
Resolution 2012 -47 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING MEMBERS TO THE PLANNING COMMISSION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2012 -47 passed unanimously.
RESOLUTION 2012 -48 — STATE AID TO LIBRARIES GRANT FUNDING APPLICATION
A motion was made by President Pro Tem Aubrey and seconded by Councilman Bush to adopt
Resolution 2012 -48 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION FOR STATE
AID TO LIBRARIES GRANT FUNDING, PROVIDING THE REQUIRED ASSURANCES
AND CERTIFICATIONS, AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT;
APPROVING A LONG -RANGE PLAN AND ANNUAL PLAN OF SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Library Director Betty Sammis reported on the FY 2013 application for State Aid to Libraries
grant funding, which requires that the Village be a member of the Library Cooperative of the
Palm Beaches and submit a five -year long -range plan and an annual plan of services. Mrs. Sammis
advised that State Aid is based on the amount expended by the Village for library services two
fiscal years prior to the fiscal year the grant is distributed.
Thereafter, the motion to adopt Resolution 2012 -45 passed unanimously.
PETITION FOR DECLARATORY STATEMENT ON MARINE FUELING
A motion was made by Councilman Gebbia and seconded by Councilman Bush to authorize the
filing of a Petition for Declaratory Statement with the Florida Department of Financial Services
(State Fire Marshall) to determine whether marine fueling by tanker in residential neighborhoods
is prohibited by the Florida Fire Prevention Code.
Mr. Green reviewed the history of this item, including the National Fire Protection Agency
(NFPA) Technical Committee's interpretation of Chapter 11 of NFPA 30A (Code for Motor Fuel
Dispensing and Repair Garages) issued in response to the Village's request for a formal interpretation.
Minutes of Village Council Special Session held August 30, 2012 Page 3 of 3
PETITION FOR DECLARATORY STATEMENT ON MARINE FUELING continued
Mr. Rubin explained that NFPA promulgates codes that are incorporated by reference into the
Florida Fire Prevention Code. Mr. Rubin reviewed the process by which a formal interpretation
issued by NFPA (including language clarifying the interpretation) becomes part of the Code.
Mr. Rubin stated the State Fire Marshall is the final authority on interpretations of the Florida
Fire Prevention Code. Mr. Rubin explained that the State Fire Marshall has the option to issue a
declaratory statement or deny the petition; the statement, if issued, would constitute final agency
action and would be binding on the Village. Discussion took place concerning the various
possible outcomes.
Thereafter, the motion to authorize filing a Petition for Declaratory Statement with the Florida
Department of Financial Services passed 4 — 1, with Councilman Gebbia, Councilman Bush,
Mayor Norris, and President Pro Tern Aubrey voting aye, and Vice Mayor Manuel voting nay.
MAYOR AND COUNCIL MATTERS
The Council considered a request from the North Palm Beach Yacht Club that the Village
sponsor a golf hole at a cost of $100 during the Yacht Club's upcoming golf tournament to
benefit Honor Flight Southeast Florida. Vice Mayor Manuel moved to approve the request. The
motion was seconded by President Pro Tem Aubrey and passed unanimously.
Mayor Norris announced the conclusion of the budget workshop process and thanked Mr. Green,
Finance Director Samia Janjua, and staff for their efforts. Mayor Norris announced the first
public hearing on the proposed budget would be held September 13, 2012.
Vice Mayor Manuel reported on recent and upcoming meetings of the Palm Beach County
League of Cities. Vice Mayor Manuel distributed the League's legal report.
Vice Mayor Manuel reported briefly on the Florida League of Cities Annual Conference. Vice
Mayor Manuel distributed the FLC fact sheet on Amendment 4, a proposed constitutional
amendment that would affect property taxes. Vice Mayor Manuel gave a sample resolution
concerning Amendment 4 to Mr. Rubin for legal review, and requested that it be placed on an
upcoming agenda for Council consideration.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Green reported on preparations and post -storm damage assessments related to Tropical
Storm Isaac. Mr. Green expressed the intent to link the Police /Fire- Rescue generator with the
Village Hall in order to be able to conduct administrative activities and public information
functions from Village Hall when necessary during future storm events. Mr. Green will provide
Council with an estimate of the cost for this project.
Mr. Green gave an update on the status of plans for the dry storage area at Anchorage Park.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:37 p.m.
Melissa Teal, CMC, Village Clerk
CLERK'S TALLY SHEET
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy
Cilcius, Alfred (7 ))
Kozar, Albert
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(Signature)
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BALLOT
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy
Cilcius, Alfred
Kozar, Albert
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BALLOT
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy
Cilcius, Alfred
Kozar, Albert
(Signature)
BALLOT
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy •
Cilcius, Alfred
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Kozar, Albert
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BALLOT
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy
Cilcius, Alfred ___
Kozar, Albert
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BALLOT
PLANNING COMMISSION
August 30, 2012
Position: 2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Baummier, Kathy
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Kozar, Albert
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