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06-25-2015 VC REG-Ml) Present: It CMWN_M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 25, 2015 Robert A. Gebbia, Mayor David B. Norris, Vice Mayor Doug Bush, President Pro Tern Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk Mayor Gebbia 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 Gebbia gave the invocation and Councilmember Aubrey led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held June 11, 20 f5 were approved as written. REGULATIONS FOR I -1 LIGHT INDUSTRIAL ZONING DISTRICT A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2015 -11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING APPENDIX A, "APPEARANCE PLAN," AND APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT LAND DEVELOPMENT REGULATIONS FOR THE I -1 LIGHT INDUSTRIAL ZONING DISTRICT; AMENDING SECTION III OF THE APPEARANCE PLAN TO INCLUDE THE LIGHT INDUSTRIAL ZONING DISTRICT; AMENDING SECTION 45 -21, "TELECOMMUNICATIONS ANTENNA AND ANTENNA TOWERS," TO ALLOW SUCH FACILITIES WITHIN THE LIGHT INDUSTRIAL DISTRICT; CREATING A NEW SECTION 45 -38, "I -1 LIGHT INDUSTRIAL DISTRICT," TO PROVIDE FOR DEFINITIONS, PERMITTED AND SPECIAL EXCEPTION USES AND FOR ADDITIONAL CONDITIONS AND REGULATIONS APPLICABLE THROUGHOUT THE DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2015 -11 on second reading passed unanimously. Minutes of Village Council Regular Session held June 25, 2015 Page 2 of 4 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -12— CODE AMENDMENT — POLICE DEPARTMENT C A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt and enact on second reading Ordinance 2015 -12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III, "ADMINISTRATIVE CODE," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 5 TO ELIMINATE THE REFERENCE TO THE DEPARTMENT OF LAW ENFORCEMENT AND TO AMEND SECTION 2 -76, "COMPOSITION," TO ALLOW MODIFICATION OF THE DIVISIONS WITHIN THE DEPARTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2015 -12 on second reading passed unanimously. FIRST READING OF ORDINANCE 2015 -13— CODE AMENDMENT — SPECIAL EXCEPTION USES FOR COMMERCIAL DISTRICTS A motion was made by President Pro Tern Bush and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2015 -13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GENERALLY," OF APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE ORDINANCES BY CREATING A NEW SECTION 45 -16.2, "SPECIAL EXCEPTION USES," TO ADOPT PROCEDURES AND STANDARDS FOR REVIEW OF APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 21, "PLANNING AND DEVELOPMENT," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 21 -3, "PUBLIC NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS AND APPROVALS," TO INCLUDE NOTICE REQUIREMENTS FOR APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place concerning Section 45- 16.2(e)(4) and determining if an application is "substantially similar" to a previous application. Mr. Rubin explained the purpose is to prevent filing of successive applications for what is essentially the same use on the same property. Mr. Rubin advised that in the event of a conflict between staff and the petitioner, it would be the Council's determination on whether or not an application was "substantially similar," as the Council has the final word on interpretations of Village code. Thereafter, the motion to adopt Ordinance 2015 -13 on first reading passed unanimously. Minutes of Village Council Regular Session held June 25, 2015 Page 3 of 4 CONSENT AGENDA APPROVED President Pro Tem Bush moved to approve the consent agenda. Councilmember Mullinix seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the Golf Advisory Board meeting held 5/18/15 Receive for file Minutes of the Audit Committee meeting held 5/26/15 Receive for file Minutes of the Recreation Advisory Board meeting held 6/9/15 RESOLUTION 2015 -45 — UTILITY EASEMENTS A motion was made by President Pro Tem Bush and seconded by Vice Mayor Norris to adopt Resolution 2015 -45 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS OVER PROPERTIES LOCATED AT 1024 AND 1028 COUNTRY CLUB DRIVE WITHIN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly stated the electrical lines for the pumping system adjacent to the green on golf course hole # 17 need to be replaced. Mr. Kelly advised that because the existing easement is a drainage easement, consent for a new utility easement was obtained from the property owners. Thereafter, the motion to adopt Resolution 2015 -45 passed unanimously. VILLAGE COUNCIL MATTERS /REPORTS Brief discussion took place concerning ethics training and it was suggested that staff may wish to view the Florida League of Cities ethics training video in addition to the online ethics training provided by the Florida Commission on Ethics. Vice Mayor Norris commented on FPL's recent, severe pruning of trees in the vicinity of the overhead power lines on South Anchorage Drive, and suggested that an article be placed in the Village Newsletter reminding residents that they are responsible for keeping their trees trimmed and for maintaining the swales. Vice Mayor Norris noted the great work being done by businesses to comply with the Northlake Boulevard Overlay Zoning regulations. Discussion ensued regarding installation of irrigation in the swales on commercial properties. Community Development Director Chuck Huff will make sure this is addressed. Mayor Gebbia reported on the recent Palm Beach County League of Cities meeting and discussion concerning a possible half -cent sales tax referendum or bond issue for infrastructure. Mayor Gebbia announced that former Mayor and Councilmember Judy Pierman had been appointed as the Palm Beach County League of Cities representative on the Palm Beach County Commission on Ethics. Mayor Gebbia reminded the Council, staff, and members of the public that the July 9, 2015 Council meeting had been cancelled. Vice Mayor Norris moved to designate Mayor Gebbia as the Village's voting delegate at the Florida League of Cities Conference in August 2015. Councilmember Aubrey seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held June 25, 2015 Page 4 of 4 VILLAGE COUNCIL MATTERS /REPORTS Mayor Gebbia congratulated Mr. Kelly on completing his first year as Village Manager. Discussion (> took place concerning Mr. Kelly's current evaluation. Past evaluation practices for the manager and clerk were discussed, as well as including the positions of manager and clerk in the new performance evaluation system that is being implemented for all Village employees. It was suggested that the Council establish specific goals and objectives for the manager and the clerk, respectively, to be determined at the beginning of each year, with performance evaluations being conducted by Council at the end of the year. Mayor Gebbia will research and develop draft evaluation forms for discussion at the first Council Workshop Session in August. The Council considered the process for determining a pay increase for Mr. Kelly for his performance over the past year. By consensus, it was agreed that based on their evaluation, each councilmember would determine the manager's performance level category /range as follows: Development Needed, Successful [2.5 -3.5], Exceptional [4.5], or Extraordinary [5], and provide a recommended percentage for the manager's pay for performance increase. Councilmembers will present and discuss their recommendations at the next Regular Session, with the final determination to be made by Council motion and vote. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly read excerpts from a resident's letter thanking the Village for drainage repairs adjacent to their property and recognizing the efficiency, hard -work, and courteousness of the employees. Mr. Kelly acknowledged the Mayor's congratulatory letter to Chief Jenkins regarding a 4.9% decrease in the crime rate. Mr. Kelly noted thirteen year old North Palm Beach resident Kayla Abramowitz received an entrepreneurial award for her non - profit organization. Regarding fencing options at the Community Center, Mr. Kelly reported the price is only 7% more for black coated galvanized chain link material versus non - coated galvanized when the quantity is increased to include fencing the fields and dugouts. This item has been included in the capital budget. A decision to expend funds this year or next fiscal year will be made during budget workshops. Mr. Kelly reviewed the timeline for preparation of the unified land development code and noted the Village's consultant, Calvin, Giordano & Associates, Inc. would address all code articles other than zoning and land use between now and July 2016. Mr. Kelly advised the timeline for development of the vision and master plan for the Village is the same, and once the vision is developed, Calvin, Giordano & Associates will begin work on the zoning and land development portions of the Code of Ordinances. Mr. Kelly noted that Project Manager Richard Cannone of Calvin, Giordano & Associates, Inc. was present to answer any questions. Mr. Kelly introduced Michael Busha, Executive Director of Treasure Coast Regional Planning Council (TCRPC). Mr. Busha detailed the composition of TCRPC, a not - for - profit entity, and described the services it provides, including planning and grant applications. r , ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:38 p.m. Melissa Teal, CMC, Village Clerk