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12-10-2015 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 10, 2015 Present: 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 ROLL CALL 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 Vice Mayor Norris gave the invocation and Councilmember Aubrey led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held November 12, 2015 were approved as written. GOLF ADVISORY BOARD APPLICANT INTERVIEWS David Talley was present for an interview with the Village Council. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -21 — MORATORIUM ON INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2015 -21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS AND ON THE ISSUANCE OF PERMITS OR APPROVALS FOR PENDING APPLICATIONS FOR THE INSTALLATION OF NEW WIRELESS COMMUNICATIONS FACILITIES WITHIN VILLAGE RIGHTS -OF -WAY AND ON ANY PROPERTY WITHIN OR ADJOINING A RESIDENTIAL ZONING DISTRICT FOR A PERIOD OF SIX MONTHS; PROVIDING FOR A DEFINITION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Mr. Rubin stated he would review the Code of Ordinances in conjunction with applicable legislation and prepare a draft ordinance for initial distribution to the Village's consultant and staff. Mr. Rubin addressed the exceptions contained in Section 4 of the proposed ordinance. Thereafter, the motion to adopt and enact Ordinance 2015 -21 on second reading passed unanimously. Minutes of Village Council Regular Session held December 10, 2015 Page 2 of 5 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -22 — CODE AMENDMENT — NOISE ORDINANCE A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2015 -22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE VI, "NOISE CONTROL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 19 -99, "DEFINITIONS," TO REVISE THE DEFINITION OF UNREASONABLE NOISE EMANATING FROM PROPERTY WITHIN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2015 -22 on second reading passed unanimously. FIRST READING OF ORDINANCE 2016 -02 — WATER CLUB PHASE II REZONING A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2016 -02 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 1.26 ACRE PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE APPROXIMATELY 1.1 MILES SOUTH OF PGA BOULEVARD, DESIGNATED AS WATER CLUB PHASE II AND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT TO THE R -3 (APARTMENT DWELLING) ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported an application from Thomas Engineering Group, LLC, agent for the property owner, Domani Development, LLC, to rezone the property located at 1240 U.S. Highway One from the C -1 Neighborhood Commercial Zoning District to the R -3 Apartment Dwelling Zoning District. Mr. Kelly advised the property would be incorporated into the Water Club Planned Unit Development as Phase II. Mr. Kelly stated the Planning Commission, sitting as the Local Planning Agency, voted unanimously on November 3, 2015 to recommend approval of the rezoning request. Thereafter, the motion to adopt Ordinance 2016 -02 on first reading passed unanimously. continued on next page Minutes of Village Council Regular Session held December 10, 2015 Page 3 of 5 FIRST READING OF ORDINANCE 2016 -03 — WATER CLUB PLANNED UNIT DEVELOPMENT A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2016 -03 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE WATER CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT TO INCLUDE AN ADDITIONAL RESIDENTIAL TOWER AND RELATED IMPROVEMENTS AS PHASE TWO; REPEALING ORDINANCE NO. 2013 -01 AND SIMULTANEOUSLY APPROVING AN AMENDED AND RESTATED WATER CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 8.26 ACRES OF REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND APPROXIMATELY ONE MILE SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT 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. Mr. Kelly reported on the application to amend the Water Club Residential Planned Unit Development and described the requested waivers. Mr. Kelly noted that approval of the PUD amendment is contingent upon approval of the related land use and zoning ordinances, and by statute, the land use change is not effective until 31 days after adoption of the Ordinance amending the future land use map. Thereafter, the motion to adopt Ordinance 2016 -03 on first reading passed unanimously. CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the consent agenda. President Pro Tern Bush seconded the motion and all present voted aye. The following items were approved: Resolution 2015 -87 declaring two 2007 Wittek driving range ball dispensers as surplus property and authorizing their disposal Resolution 2015 -88 approving the sole source purchase of Globe bunker gear from Bennett Fire Products Company, Inc., at a total cost of $14,189.42 Receive for file Minutes of the Police and Fire Pension Board meeting held 8/18/15 Receive for file Minutes of the Library Advisory Board meeting held 10/27/15 Receive for file Minutes of the Planning Commission meeting held 11/3/15 Recommendation: Re Water Club Phase II Rezoning "approve the application requesting approval to rezone the property from C -1 Zoning District to R -3 Zoning District as presented." Recommendation: Re Water Club PUD "approve the revised PUD Site Plan and building approval as presented with the condition to remove the cross access between Old Port Cove property and Phase II of Water Club." Receive for file Minutes of the Recreation Advisory Board meeting held 11/10/15 Receive for file Minutes of the Library Advisory Board meeting held 11/24/15 � 1 Minutes of Village Council Regular Session held December 10, 2015 Page 4 of 5 RESOLUTION 2015 -89 — APPOINTING MEMBERS TO THE GOLF ADVISORY BOARD A motion was made by President Pro Tem Bush, seconded by Vice Mayor Norris, and passed unanimously, to move Curtis Witters from first alternate to the vacant regular member position, and to move Richard Aldred from second alternate to first alternate. By written ballot, the original of which is attached to the minutes of record, the Council appointed David Talley as the 2nd alternate of the Golf Advisory Board. Thereafter, the names of all those appointed were entered into Resolution 2015 -89. A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt Resolution 2015 -89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE GOLF ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -89 passed unanimously. RESOLUTION 2015 -90— THIRD AMENDMENT TO VERIZON CELL TOWER AGREEMENT A motion was made by President Pro Tem Bush and seconded by Councilmember Mullinix to adopt Resolution 2015 -90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH VERIZON WIRELESS PERSONAL COMMUNICATIONS, L.P. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly described the original Communications Site Lease Agreement and the subsequent amendments. Mr. Kelly explained the Third Amendment allows Verizon to remove three existing antennas, relocate three of the remaining antennas and add seven new antennas, coaxial lines and hybrid lines for a total configuration of ten antennas; in return for which, Verizon will pay additional rent of $250.00 per month. Discussion ensued regarding the antennas, lease income, and term of the overall agreement. Thereafter, the motion to adopt Resolution 2015 -90 passed unanimously. VILLAGE COUNCIL MATTERS /REPORTS Mayor Gebbia wished everyone present a happy, safe, and joyous holiday season. Councilmember Mullinix commented favorably on the cleanup of Lakeside Park. Councilmember Mullinix and Mr. Kelly reiterated that no funds had been, or would be spent on the waterfront site for the clubhouse. Minutes of Village Council Regular Session held December 10, 2015 Page 5 of 5 VILLAGE MANAGER MATTERS /REPORTS — COUNTRY CLUB UPDATE Mr. Kelly discussed his meeting with Jack Nicklaus regarding the golf course and the future site of the new clubhouse. Regarding the online clubhouse survey, Mr. Kelly reported 543 responses received from Village residents. Mr. Kelly advised the survey would be open until January 15th. Mr. Kelly announced that a discussion of clubhouse amenities and preliminary cost analysis would be conducted during the Council's January 28, 2016 Workshop Session. Pending the outcome of Council discussions, the proposed clubhouse amenities would be included in the discussion topics at the weeklong master planning charrette (January 30 — February 5, 2016) in order to reach the most residents and obtain final community review and consensus. It was suggested that preliminary discussion of the funding source for clubhouse amenities, with regard to General Fund and Country Club appropriations, should be held on January 28, 2016. Mr. Kelly advised that a discussion of the Country Club scope of work would be held at the Council's February 11, 2016 Workshop Session. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly reported on the recent meeting of the Village's host committee and the Treasure Coast Regional Planning Council ( TCRPC). Mayor Gebbia explained that the host committee is comprised of ten residents, representing a cross - section of the Village, who are serving as a sounding board for TCRPC during the planning process. Mr. Kelly thanked the Council for the holiday gift baskets, which were distributed to Village employees on December 9, 2016. Mr. Kelly recapped this year's Holiday Tree Lighting program and announced upcoming holiday programs and events, including Santa's Ho, Ho, Hotline, Dine with Santa at the Country Club, Santa's Trolley Rides, Santa's visit on a fire truck, and the Coquettes' Christmas Cabaret. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:25 p.m. Melissa Teal, MMC, Village derk CLERK'S TALLY SHEET GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Harris, Kirk Talley, David Village Attorney Village Clerk Round 1 Round 2 Round 3 ;- BALLOT GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Round 1 Round 2 Round 3 Harris, Kirk 1 1 BALLOT GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Round 1 Round 2 Round 3 Harris, Kirk Talley, David BALLOT GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Round 1 Round 2 Harris, Kirk Talley, Qavid councilor er Round 3 BALLOT GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Round 1 Round 2 Round 3 Harris, Kirk b Talley, David �- BALLOT GOLF ADVISORY BOARD December 10, 2015 Position: 2nd Alternate Vote for 1 Round 1 Round 2 Round 3 Harris, Kirk Talley, David _�