03-28-2013 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 28, 2013
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Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
Robert A. Gebbia, President Pro Tern
David B. Norris, Councilman
Doug Bush, Councilman
Ed Green, Village Manager
Glen Torcivia, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Manuel 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 Tem Gebbia gave the invocation and Councilman Bush led the public in the Pledge.
APPROVAL OF MINUTES
Page 3, ¶2 was corrected to read "Council consensus was that Section 19- 104(b) be revised to change
the allowable starting time for use of power mowers on Sundays from 12:00 noon to 10:00 a.m."
Thereafter, the Minutes of the Regular Session held 03/14/2013 were approved as corrected.
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -05 — THE BENJAMIN
SCHOOL LARGE -SCALE COMPREHENSIVE PLAN AMENDMENT
A motion was made by Councilman Bush and seconded by President Pro Tem. Gebbia to adopt
and enact on second reading Ordinance 2013 -05 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A LARGE -SCALE AMENDMENT TO THE VILLAGE
COMPREHENSIVE PLAN RELATING TO FOUR PARCELS OF REAL PROPERTY
TOTALING APPROXIMATELY 12.66 ACRES LOCATED WEST OF U.S. HIGHWAY ONE
AND NORTH OF MCLAREN ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN
( "THE BENJAMIN SCHOOL PROPERTIES "); ASSIGNING A COMMERCIAL FUTURE
LAND USE DESIGNATION TO EACH PARCEL; AMENDING THE VILLAGE FUTURE
LAND USE MAP SERIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reported that the amendment will result in a uniform future land use designation for
the property and will bring the property into compliance with the applicable floor area ratio
(FAR) limitations.
Mayor Manuel announced that anyone wishing to be notified of the date of publication of the
"Notice of Intent" by the Department of Economic Opportunity should sign the form on the table
at the back of the room.
Minutes of Village Council Regular Session held March 28, 2013 Page 2 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -05 — THE BENJAMIN
SCHOOL LARGE -SCALE COMPREHENSIVE PLAN AMENDMENT continued
Mayor Manuel opened the public hearing.
Charlotte Chickering, 308 Golfview Road, requested Council approve the original plan, which
included a sidewalk on the north side of McLaren Road, adjacent to the school fence.
Ms. Chickering expressed concern for pedestrian safety, if a sidewalk is not constructed.
Geoffrey Decker, 386F Golfview Road, urged that the ordinances not be adopted. Mr. Decker
stated rezoning the property to C -1 substantially increases its assessed and market value, and
may hasten the school's departure to new facilities, thus leading to commercial development of
the property that would not be consistent with the neighborhood. Mr. Decker objected to the
school's continued use of the public right -of -way on McLaren Road for private use as a parking
area. Mr. Decker objected to the closure of Carolinda Road.
Dr. Marcelle Bertrand, 11071 Ellison Wilson Road, noted the wall surrounding the commercial
plaza next to The Benjamin School and asked if there would be a wall around the school
property. Dr. Bertrand expressed concern with traffic and speeding cars.
There being no further comments from the public, Mayor Manuel closed the public hearing.
Joni Brinkman, Urban Design Kilday Studios, was present on behalf of The Benjamin School.
Ms. Brinkman reported the development order includes a condition requiring construction of a
sidewalk on the south side of McLaren Road within six months. Ms. Brinkman addressed
concerns regarding the land use designation, the School's continued presence on the site, and
provisions for emergency response and utility company access via Carolinda Road.
Implementation of the traffic plan was briefly discussed by Rob Rennebaum, Simmons and White.
Thereafter, the motion to adopt and enact Ordinance 2013 -05 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -06 — THE BENJAMIN
SCHOOL PLANNED UNIT DEVELOPMENT AND REZONING
A motion was made by President Pro Tern Gebbia and seconded by Councilman Bush to adopt
and enact on second reading Ordinance 2013 -06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
"THE BENJAMIN SCHOOL" ON APPROXIMATELY 14.8 ACRES OF REAL PROPERTY
LOCATED WEST OF U.S. HIGHWAY ONE,- NORTH OF MCLAREN ROAD AND EAST
OF ELLISON WILSON ROAD AS MORE PARTICULARLY DESCRIBED HEREIN;
REZONING THREE PARCELS OF PROPERTY FROM THE C -lA (LIMITED COMMERCIAL),
R -2 (MULTIPLE FAMILY), AND PUBLIC ZONING DISTRICTS TO THE C -1
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT; PROVIDING FOR DEVELOPMENT
1 OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS,
WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING
PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held March 28, 2013 Page 3 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2013 -06 — THE BENJAMIN
SCHOOL PLANNED UNIT DEVELOPMENT AND REZONING continued
Mr. Green reviewed the rezoning request, which will result in a unified Planned Unit Development
(PUD) with an underlying zoning of C -1. Mr. Green stated the general waivers apply to existing
structures, setbacks, and landscaping deemed non - conforming, and that any future structures or
changes to the site layout must comply with all applicable codes. Mr. Green advised that the
PUD provides for approval to construct a 10,000 square foot maintenance building.
Mayor Manuel opened the public hearing.
Dr. Marcelle Bertrand, 11071 Ellison Wilson Road, asked if a business permit would be issued
for this property. Village Planner Jodi Nentwick advised that the PUD is limited to educational
use only, and no other business tax receipt would be issued.
There being no further comments from the public, Mayor Manuel closed the public hearing.
The motion to adopt and enact Ordinance 2013 -06 on second reading passed unanimously.
SPECIAL USE PERMIT APPROVED FOR INTERNET VEHICLE SALES OFFICE
Mr. Green detailed the application from David
within the C -A Commercial District at 721 U.:
place regarding the hours of operation.
Cohen to operate a vehicle internet sales office
. Highway One, Suite 301 -35. Discussion took
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor
Manuel closed the public hearing.
Councilman Norris moved to approve the application for a Special Use Permit to allow
David Cohen to operate an Internet Vehicle Sales Office at 712 U.S. Highway One, Suite 301 -35
as a similar use to those permitted within the C -A Commercial District, subject to certain
conditions and in accordance with Village policy.
The motion was seconded by Vice Mayor Aubrey and passed unanimously.
FIRST READING OF ORDINANCE 2013 -07 — INVESTMENT POLICY REVISION
A motion was made by Councilman Bush and seconded by Vice Mayor Aubrey to adopt on first
reading Ordinance 2013 -07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION,"
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2 -4,
"INVESTMENT POLICY OF THE VILLAGE," TO EXPAND THE LIST OF AVAILABLE
INVESTMENT OPTIONS AND TO CLARIFY THAT THE QUARTERLY INVESTMENT
REPORT MAY BE PREPARED BY THE FINANCE DIRECTOR OR THE DIRECTOR'S
DESIGNEE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green reviewed the recommended changes to the Village's Investment Policy. Finance
Director Sarnia Janjua reported the Village's Investment Advisor has authority to make
transactions, subject to oversight by the Finance Director and Village Manager.
Thereafter, the motion to adopt Ordinance 2013 -07 on first reading passed unanimously.
Minutes of Village Council Regular Session held March 28, 2013 Page 4 of 5
CONSENT AGENDA APPROVED
- A motion was made by President Pro Tem Gebbia, seconded by Councilman Norris, and passed
unanimously, to approve the consent agenda, which included the following items:
Receive for file Minutes of the Golf Advisory Board meeting held 2/11/13
Receive for file Minutes of the Waterways Board meeting held 2/19/13
Receive for file Minutes of the Business Advisory Board meeting held 2/25/13
Receive for file Minutes of the Library Advisory Board meeting held 2/26/13
Receive for file Minutes of the Recreation Advisory Board meeting (Rec Trails Grant) held 3/12/13
Receive for file Minutes of the Recreation Advisory Board meeting held 3/12/13
Recommendation: "to move forward with the existing Phase 2 concept for Anchorage Park
with the following changes, 1) Retail the parking along the north side of the entrance
road; 2) Install a restroom facility to the west of the baseball field and to the east of
the volleyball courts to replace bathrooms at the modules; 3) Install a boat wash
station in the dry storage area."
Receive for file Minutes of the Audit Committee meeting held 3/14/2013
RESOLUTION 2013 -17 — COMPREHENSIVE ANNUAL FINANCIAL REPORT
A motion was made by Vice Mayor Aubrey and seconded by President Pro Tern Gebbia to adopt
Resolution 2013 -17 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2012 AND AUTHORIZING ITS FILING WITH THE STATE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Terry Morton, Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report for
the fiscal year ending September 30, 2012. Christina Ivaldi presented comments on behalf of the
Audit Committee.
Thereafter, the motion to adopt Resolution 2013 -17 passed unanimously.
RESOLUTION 2013 -18 — LAW ENFORCEMENT EXCHANGE (LEX) INFORMATION
SHARING SYSTEM
A motion was made by Councilman Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -18 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING THE EXPENDITURE OF $4,000 FROM THE LAW
ENFORCEMENT TRUST FUND FOR ASSET FORFEITURES TO FUND THE VILLAGE'S
CONTINUED PARTICIPATION IN THE PALM BEACH COUNTY LAW ENFORCEMENT
EXCHANGE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green explained the Law Enforcement Exchange (LEX ) system provides each participating
agency with a single source for regional law enforcement information.
Thereafter, the motion to adopt Resolution 2013 -18 passed unanimously.
Minutes of Village Council Regular Session held March 28, 2013 Page 5 of 5
RESOLUTION 2013 -19 — FWCC BOATING GRANT FOR ANCHORAGE PARK
A motion was made by Councilman Norris and seconded by Vice Mayor Aubrey to adopt
Resolution 2013 -19 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING VILLAGE ADMINISTRATION TO SUBMIT A
GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM FOR THE
ANCHORAGE PARK PROJECT AND PROVIDING FOR ACCEPTANCE OF THE TERMS
AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Green stated the grant would provide funds to initiate Phase 2 of the Anchorage Park Master
Plan. Mr. Green noted that in addition to the Florida Boating Improvement Grant, the Village
had applied for other grants for Anchorage Park, funds from which could be used to meet the
one -to -one matching costs for this grant. Parks and Recreation Director Mark Hodgkins
explained that if awarded the grant, the Village would have three years to use the funds and must
match the amount of grant funds expended — either with Village monies or with other grant funds.
Thereafter, the motion to adopt Resolution 2013 -19 passed unanimously.
MAYOR AND COUNCIL MATTERS /REPORTS
President Pro Tem Gebbia thanked Police and Fire Rescue for assisting with the recent Support
Our Troops 5K/1 OK/Kid's Run.
Mayor Manuel distributed the Palm Beach County League of Cities legal report. Mayor Manuel,
Mr. Green, and Mrs. Janjua reported on the Smart Procure system, which allows cities that are
members of the cooperative to view purchasing contracts uploaded by other members.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Green gave an update on efforts to locate alternate storage sites for recreational equipment.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:33 p.m.
Melissa Teal, CMC, Village C erk
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