10-25-2012 VC REG-M MINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH,FLORIDA
OCTOBER 25, 2012
Present: David B. Norris, Mayor
William L. Manuel,Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tern
Robert A. Gebbia, Councilman
Ed Green, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Absent: Doug Bush, Councilman
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present, except
Councilman Bush,who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Manuel gave the invocation and Mayor Norris led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 10/11/2012 were approved as written.
STATEMENTS FROM THE PUBLIC
Kyle Malone, 15730 85th Avenue N., Palm Beach Gardens, thanked the Council residents and
employees for their contributions and assistance with his Eagle Scout project to install a bronze
veterans memorial at Osborne Park.
Noel Briley, Commander, VFW Post 9610, addressed the Council concerning the distribution of
poppies from the VFW Buddy Poppy program at Village functions and on local street corners.
Mr. Briley was directed to coordinate with Chief Jenkins regarding this program.
Mark Mullinix, 118 Atlantic Road, requested Council consider a change to the Village Code of
Ordinances to permit outdoor storage of trailers behind commercial properties on Northlake Boulevard.
This item will be placed on an upcoming Council Workshop Session agenda for discussion.
Mayor Norris announced that agenda item 6.E.3, Resolution—Country Club Master Plan Agreement,
had been removed from the agenda and would be discussed at the next Workshop Session.
Minutes of Village Council Regular Session held October 25,2012 Page 2 of 4
FIRST READING OF ORDNANCE 2012-11 —VILLAGE SHOPPES PUD AMENDMENT
A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt on
• first reading Ordinance 2012-11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ORDINANCE NO. 03-2003 TO AMEND THE VILLAGE
SHOPPES PLANNED UNIT DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF
MONUMENT SIGNS CONSISTENT WITH VILLAGE CODE REQUIREMENTS, TO
GRANT A WAIVER FOR ONE ADDITIONAL MONUMENT SIGN ALONG U.S.
HIGHWAY ONE, AND TO PROVIDE A PROCEDURE FOR FUTURE MINOR
MODIFICATIONS TO THE PUD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed the request to amend the PUD to allow additional signage and to eliminate
the joint meeting requirement for future minor amendments. Mr. Green listed the conditions that
would be considered major modifications.
Attorney Larry Smith was present on behalf of the applicant, Village Shoppes at U.S. 1, LLC.
Mr. Smith reviewed the location of the proposed sign, and discussed tenant's names on signage.
Thereafter, the motion to adopt Ordinance 2012-11 on first reading passed unanimously.
CONSENT AGENDA
A motion was made by Councilman Gebbia, seconded by President Pro Tem Aubrey, and passed
unanimously,to approve the consent agenda, which included the following items:
Motion to suspend Council meetings of 11/22/12 and 12/27/12 in observance of national holidays
Receive for file Minutes of the Waterways Board meeting held 9/18/12
Receive for file Minutes of the Library Advisory Board meeting held 9/25/12
Receive for file Minutes of the Recreation Advisory Board meeting held 10/9/12
RESOLUTION 2012-61 — GENERAL FUND BUDGET AMENDMENT TRANSFERRING
SAVINGS TO CAPITAL PROJECTS RESERVE ACCOUNT
A motion was made by Vice Mayor Manuel and seconded by President Pro Tem Aubrey to adopt
Resolution 2012-61 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR
FISCAL YEAR 2011-2012 TO TRANSFER SAVINGS FROM VARIOUS GENERAL FUND
ACCOUNTS TO THE CAPITAL PROJECTS RESERVE EXPENSE ACCOUNT TO FUND
THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green detailed the preliminary review of FY 2011-2012 revenue over expenses and the
I' amount of budgetary savings available for transfer to the Capital Projects Fund to continue
funding the Five Year Capital Improvements Plan(CIP).
Thereafter,the motion to adopt Resolution 2012-61 passed unanimously.
Draft Minutes of Village Council Regular Session held October 25,2012 Page 3 of 4
RESOLUTION 2012-62—NEX'1'EL LEASE TERMINATION AGREEMENT AND RELEASE
A motion was made by Vice Mayor Manuel and seconded by President Pro Tern Aubrey to adopt
Resolution 2012-62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A LEASE TERMINATION AGREEMENT AND
GENERAL RELEASE WITH NEXTEL COMMUNICATIONS AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SITE
ACCEPTANCE AND RELEASE ONCE ALL DESIGNATED EQUIPMENT IS REMOVED;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green stated that on October 28, 1999, the Village Council adopted Resolution 63-99, which
approved a Communications Site Lease Agreement that provided for the construction of a
telecommunications tower to house the Village's existing field lights at the Community Center
and the installation of supporting communications facilities and equipment. Mr. Green reported
that Nextel South Corp. notified the Village of its intent to terminate the Site Lease Agreement
effective November 6, 2012.
Thereafter, the motion to adopt Resolution 2012-62 passed unanimously.
RESOLUTION 2012-63 —ELECTIONS SERVICES AGREEMENT
A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt
Resolution 2012-63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Green reported that since 2009, each Palm Beach County municipality has entered into an
annual agreement with the Palm Beach County Supervisor of Elections (SOE) to provide for the
use of voting equipment and election services related to municipal elections. Mr. Green detailed
the changes from the Village's previous agreement with the SOE.
Discussion took place regarding the provision that the SOE provide an official certification of
election results "if allowed by law." Mr. Rubin explained that this disclaimer was included
because the agreement is a standard agreement for all the municipalities and some municipal
ordinances or charters provide for certification of election results by a canvassing board.
Thereafter, the motion to adopt Resolution 2012-63 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Vice Mayor Manuel reported on the recent meeting of the Palm Beach County League of Cities
• and distributed the League's legal report. Brief discussion ensued on litigation regarding the
provision of public records.
Vice Mayor Manuel presented Mayor Norris with a Certificate of Appreciation from the Literacy
Coalition for outstanding support for Read for the Record on October 4, 2012.
Draft Minutes of Village Council Regular Session held October 25,2012 Page 4 of 4
VILLAGE MANAGER MATTERS/REPORTS
Police Chief Rick Jenkins notified the Council that he had requested the Village Attorney review
• the existing noise ordinance. Chief Jenkins gave an update on the Transitional Neighborhood
Team program and reported on crime statistics related to the implementation of the program.
Village Planner Jodi Nentwick discussed a suggestion from Commissioner Karen Marcus that
the Village consider entering into an Interlocal Agreement to participate in the Bioscience Land
Protection Advisory Board, a board that was formed in 2006 to protect and set aside lands
subject to a bioscience research area protection overlay. Mrs. Nentwick advised that Village
Administration reviewed the Interlocal Agreement requirements and determined it was not in the
best interest of the Village to participate, due to the financial obligation involved, the inability of
the Village to receive grant funding, the small amount of land available in North Palm Beach,
and the requirement that the Board approve the removal of properties from the bioscience
overlay if a different land use is requested.
Mrs. Teal gave an update on efforts to recruit volunteers to serve on the newly established
Business Advisory Board and reviewed the membership requirements. Discussion ensued.
Council directed the Village Clerk to schedule a meeting to interview and appointment members
to the Business Advisory Board.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:28 p.m.
•
Melissa Teal, CMC, Village Clerk
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