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04-25-2013 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 25, 2013 William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tem David B. Norris, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk 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 Councilman Norris gave the invocation and Mayor Manuel led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mr. Green introduced the new Director of Public Works Brian Moree. APPROVAL OF MINUTES The Minutes of the Regular Session held April 11, 2013 were approved as written. STATEMENTS FROM THE PUBLIC Ezra Saffold, President of All -Site Construction, Inc. gave an update on the Southwest Neighborhood Sidewalk Project. INTERVIEWS OF ADVISORY BOARD APPLICANTS The following persons were present for interviews with the Village Council: Jason Pfeiffer Lee Newman Margaret Rainforth Southall Stone Lewis Piccioli Ryan Kadyszewski John Troxel SECOND READING AND ENACTMENT OF ORDINANCE 2013 -04 — CODE AMENDMENT — NOISE REGULATIONS A motion was made by Vice Mayor Aubrey, seconded by President Pro Tem Gebbia and passed unanimously, to adopt and enact on reading Ordinance 2013 -04 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE VILLAGE CODE OF ORDINANCES, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY REPEALING ARTICLE VI IN ITS ENTIRETY AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE VI, "NOISE CONTROL;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held April 25, 2013 Page 2 of 5 SECOND READING AND ENACTMENT OF ORDINANCE 2013 -04 — CODE AMENDMENT — NOISE REGULATIONS continued Mr. Green reviewed the changes made to the draft ordinance since it was first considered at the February 28, 2013 Workshop Session. Mr. Green noted that at first reading, Council directed the ordinance be amended to provide for a sixty- second noise reading; therefore, Section 19 -99 was amended to delete the definition of "period of observation" and to add new language to the definition of "unreasonable noise" to prescribe the length of the reading. Mayor Manuel opened the public hearing. Penny Blake, 108 Paradise Harbour Blvd. #515, addressed the Council with questions regarding the time needed for the police to be trained in the use of the noise meter once the ordinance is passed, and whether the business owner or the person creating the noise would charged in the event of a violation at a business location. Mayor Manuel closed the public hearing. Regarding the question of liability in the event of a violation, Mr. Rubin opined that either the property owner or the person creating the noise could be cited, at the officer's discretion. Thereafter, the motion to adopt and enact Ordinance 2013 -07 on second reading passed unanimously. FIRST READING OF ORDINANCE 2013 -08 — FIVE -YEAR SCHEDULE OF IMPROVEMENTS 1119i7NIT44O MI A motion was made by Councilman Norris and seconded by President Pro Tern Gebbia to adopt on first reading Ordinance 2013 -08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, UPDATING THE FIVE -YEAR SCHEDULE OF IMPROVEMENTS SET FORTH IN THE CAPITAL IMPROVEMENTS ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN AS REQUIRED BY STATE STATUTE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Green noted revisions to the Five -Year Schedule of Improvements to include the Country Club Halfway House. Thereafter, the motion to adopt Ordinance 2013 -08 on first reading passed unanimously. CONSENT AGENDA APPROVED A motion was made by Councilman Norris, seconded by Councilman Bush, and passed unanimously, to approve the consent agenda, which included the following items: Receive for file Minutes of the Golf Advisory Board meeting held 3/18/13 \- Receive for file Minutes of the Library Advisory Board meeting held 3/26/13 Receive for file Minutes of the Zoning Board of Adjustment meeting held 4/9/13 Minutes of Village Council Regular Session held April 25, 2013 Page 3 of 5 RESOLUTION 2013 -22 — APPOINTING MEMBERS TO VILLAGE BOARDS Mrs. Teal reviewed the positions with terms expiring April 30, 2013, new applications received, incumbent members seeking reappointment, and vacant positions to be filled. Councilman Norris moved to reappoint incumbent members and appoint the new applicants to the Audit Committee, Business Advisory Board, Construction Board of Adjustment, Golf Advisory Board, and the Planning Commission, and to reappoint the Village Historian. Councilman Bush seconded the motion, which passed unanimously. Thereafter, the names of Tom Magill, Dave Talley, Emery Newell, James Carpenter, Ronald Lantz, Charles Isiminger, Stephan Yeckes, James Bender, Lois Gruen, Curtis Witters, Cory Cross, Thomas Hogarth, Benjamin Schreier, Susan Bickel, Alfred Cilcius, and Rosa Godshall - Holden, were entered into Resolution 2013 -22. By written ballots, the originals of which are attached to the minutes of record, the Council appointed Southall Stone and John Troxel as regular members of the Audit Committee with terms expiring April 30, 2016; and Jason Pfeiffer as 2nd alternate with a term expiring April 30, 2014. Thereafter, the names of those appointed were entered into Resolution 2013 -22. Vice Mayor Aubrey moved to reappoint incumbent members to the Library Advisory Board. Councilman Norris seconded the motion, which passed unanimously. Thereafter, the names of Kari Foster, Carolyn Kost, Phyllis Wissner, Diane Page, and Bonnie Jenkins were entered into Resolution 2013 -22. Councilman Bush moved to reappoint incumbent members to the Recreation Advisory Board. Vice Mayor Aubrey seconded the motion, which passed unanimously. Thereafter, the names of Paul Beach, Brian Mahoney, Christopher Cantwell, and Joseph Bova were entered into Resolution 2013 -22. Councilman Bush moved to reappoint incumbent members of the Waterways Board. The motion was seconded by Councilman Norris and passed unanimously. Thereafter, the names of Bruce Crawford, Jerry Sullivan, Bob Werner, Kenneth Wright, Bill Hipple, and Joe Pierman were entered into Resolution 2013 -22. Councilman Bush moved to appoint Ted Bukowski as a regular member of the Audit Committee and Keith Davis as the 1 st alternate. Councilman Norris seconded the motion, which passed unanimously. It was determined that the position of 2nd alternate would be filled at a later date. A motion was made by Councilman Norris and seconded by Councilman Bush to adopt Resolution 2013 -22 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, BUSINESS ADVISORY BOARD, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; APPOINTING A VILLAGE HISTORIAN; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin enumerated the names of those appointed. Thereafter, the motion passed unanimously. Minutes of Village Council Regular Session held April 25, 2013 Page 4 of 5 RESOLUTION 2013 -23 — HARBOUR ISLES PLANNED UNIT DEVELOPMENT MODIFICATION A motion was made by Vice Mayor Aubrey and seconded by Councilman Bush to adopt Resolution 2013 -23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR MODIFICATION TO THE PROSPERITY HARBOR SOUTH (N /K/A HARBOUR ISLES) PLANNED UNIT DEVELOPMENT TO PROVIDE FOR AN INCREASE IN THE HEIGHT OF THE HEDGE ADJACENT TO PROSPERITY HARBOR; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green reviewed the application of the Homeowners Association of Harbour Isles, Inc. to modify the PUD to increase the height of the hedge adjacent to Prosperity Harbor to a maximum of eight feet, based on security concerns. Discussion ensued on crime and security concerns. Discussion took place regarding hedge height limitations as well as consistency of the hedge height along Prosperity Farms Road. Council consensus was to establish a maximum height of eight feet for all Harbour Isles hedges along Prosperity Farms Road. Thereafter, the motion to adopt Resolution 2013 -23 passed unanimously. RESOLUTION 2013 -24 — OSBORNE PARK PLAYGROUND EQUIPMENT PROPOSAL AWARD A motion was made by Councilman Norris and seconded by President Pro Tem Gebbia to adopt Resolution 2013 -24 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL SUBMITTED BY MIRACLE RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT OSBORNE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green detailed the proposals received for playground equipment at Osborne Park and recommended accepting the proposal of Miracle Recreation Equipment Company. Thereafter, the motion to adopt Resolution 2013 -24 passed unanimously. MAYOR AND COUNCIL MATTERS /REPORTS Mayor Manuel gave an update on the Palm Beach County League of Cities Board meeting and distributed the League's legal report. VILLAGE MANAGER MATTERS /REPORTS (� Discussion took place concerning the Tavern on Turn project. Due to the cost, Council consensus was not to move forward with the project at this time. Mr. Rubin explained the contractual issues. A motion was made by Councilman Norris, seconded by President Pro Tern Gebbia, and passed unanimously to terminate the contract with All- -Site Construction, Inc. Mr. Rubin will prepare a resolution repealing the budget amendment. Minutes of Village Council Regular Session held April 25, 2013 Page 5 of 5 VILLAGE MANAGER MATTERS /REPORTS continued Mr. Green discussed purchasing a new beverage cart using a portion of the funds previously allocated for the Tavern on the Turn. Council approved proceeding with the purchase, which will come back for approval at a future meeting. Mr. Green reported on the need to purchase a master groomer. A resolution approving this purchase will be placed on the next Regular Session agenda for Council consideration. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:55 p.m. Melissa Teal, CMC, Village Clerk -- CLERK'S TALLY SHEET AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Round 1 Pfeiffer, Jason I Stone, Southall Troxel, John (Signature) (Signature) l� � Round 2 Round 3 BALLOT AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Pfeiffer, Jason Stone, Southall Troxel, John (Signature) Round 1 Round 2 Round 3 � i` BALLOT AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Round 1 Round 2 Pfeiffer, Jason Stone, Southall Troxel, John (Signature) Round 3 l BALLOT AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Round 1 Pfeiffer, Jason Stone, Southall Troxel, John Round 2 Round 3 i� BALLOT AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Round 1 Round 2 Pfeiffer, Jason Stone, Southall Troxel, John Round 3 BALLOT AUDIT COMMITTEE April 24, 2013 Position: Regular Member Vote for 2 Round 1 Pfeiffer, Jason Stone, Southall k Troxel, John (Signature) PR) Round 2 Round 3