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10-14-2010 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL- OF-NORTH PALM BEACH,. FLORIDA OCTOBER 14, 2010 • Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Melissa Teal, CMC, 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 staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Vice Mayor Aubrey presented Joan Aubrey with a Certificate of Appreciation and Mayor Manuel presented her with a framed photograph in recognition of her service as Village Historian. APPROVAL OF MINUTES The minutes of the Attorney-Client Session and Special Session held 9/30/10 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2010-15 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.1 A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2010-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 1.53 ACRE PARCEL OF REAL PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF U.S. HIGHWAY ONE AND THE EARMAN RIVER (C-18 • CANAL), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM HIGH DENSITY RESIDENTIAL TO COMMERCIAL; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 14, 2010 Page 2 of 6 SECOND READING AND ENACTMENT OF ORDINANCE 2010-15 -SMALL-SCALE • COMPREHENSIVE PLAN AMENDMENT 10-1.1 continued Mr. Knight explained that this Village-initiated small-scale comprehensive plan amendment corrects a previous mapping error concerning the Denny's Restaurant parcel by revising the future land use designation from High Density Residential to Commercial, consistent with the current CB commercial zoning designation, as indicated in the supporting documentation prepazed by Village Planning Consultant Jim Fleischmann. Mr. Knight reported that the Planning Commission, sitting as the Local Planning Agency (LPA), held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of the date of publication of the Notice of Intent by the Department of Community Affairs should sign the form on the table in the back of the room. There being no comments from the public, Mayor Manuel closed the public hearing. President Pro Tem Norris declared a voting conflict. Discussion ensued on a comprehensive.review to ensure there aze no other errors regarding future land use designations. Planning Consultant Jim Fleischmann, Land Reseazch Management, Inc., opined that it would be appropriate to conduct a review during the next Evaluation and Appraisal Report in 2011. Thereafter, the motion to adopt and enact Ordinance 2010-15 on second reading passed 4 - 0, with Vice Mayor Aubrey, Councilman Gebbia, Mayor Manuel, and Councilman Hernacki voting aye. SECOND READING AND ENACTMENT OF ORDINANCE 2010-16 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.2 A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2010-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF THREE PARCELS OF REAL PROPERTY TOTALING 0.737 ACRES IN SIZE LOCATED AT THE NORTHEAST CORNER OF PROSPERITY FARMS ROAD AND PELICAN WAY WEST AND THE SOUTHWEST CORNER OF WESTWIND DRIVE AND PELICAN WAY WEST, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OTHER PUBLIC FACILITIES (OPF) TO LOW DENSITY RESIDENTIAL; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight explained that this Village-initiated amendment corrects an inconsistency between the future land use designations of three pazcels and their current use and zoning designations. • Mr. Knight stated the inconsistency was created when these parcels were sold by a religious institution and redeveloped for single-family residential and accessory uses; therefore, the amendment is necessary to revise the future land use map designations to be consistent with the current R-1 Single-Family Dwelling zoning designation. Mr. Knight reported that the Planning Commission, sitting as the LPA, held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. Minutes of Village Council Regular Session held October 14, 2010 Page 3 of 6 SECOND READING AND ENACTMENT OF ORDINANCE 2010-16 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.2 continued Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of the date of publication of the Notice of Intent by the Department of Community Affairs should sign the form on the table in the back of the room. There being no comments from the public, Mayor Manuel closed the public hearing. Discussion ensued on one of the parcels, which seems to be used for parking, as well as parking requirements for Chabad House Lubavitch of Palm Beach at Pelican Way West and Prosperity Farms Road. Mr. Fleischmann noted that although the northeast corner lot looks like a parking lot, it is owned and used by the property owner immediately to its north. Thereafter, the motion to adopt and enact Ordinance 2010-16 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2010-17 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-2.1 A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2010-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 1.71 ACRE PARCEL OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RICHARD ROAD AND OLD DIXIE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY COMMERCIAL HIGH/5 LAND USE CLASSIFICATION TO THE VILLAGE LIGHT INDUSTRIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that this amendment is necessary to assign the Light Industrial future land use designation to property located at 9264 Old Dixie Highway, which was annexed by the Village in February 2010. Mr. Knight reported that the Planning Commission, sitting as the LPA, held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of the date of publication of the Notice of Intent by the Department of Community Affairs should sign the form on the table in the back of the room. There being no comments from the public, Mayor Manuel closed the public hearing. • Thereafter, the motion to adopt and enact Ordinance 2010-17 on second reading passed unanimously. Minutes of Village Council Regular Session held October 14, 2010 Page 4 of 6 SECOND READING AND ENACTMENT OF ORDINANCE 2010-20 -AMENDING ORDINANCE 2008-10 MODIFYING CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA • A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt and enact on second reading Ordinance 2010-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2008-10, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 2009-10, TO MODIFY THE CONDITIONS FOR ANNEXATION OF LIVE OAK PLAZA AND EXTEND THE DEADLINE RELATING TO SIGNAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that Gary Brandenburg, P.A., representing the owner of property known as Live Oak Plaza, requested a second one-year extension to comply with the master signage plan as provided for in Ordinance 2008-10. Mr. Knight recounted the previous extension granted by Council in July 2009, and detailed Council action at first reading of Ordinance 2010-20, which modified the proposed ordinance to reflect that individual tenant signs must be installed in accordance with the master signage plan by 4/1/2011, and to require that the property owner erect the monument sign immediately. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2010-20 on second reading, passed 4 - 1, with President Pro Tem Norris, Councilman Hernacki, Mayor Manuel, and Councilman Gebbia in favor, and Vice Mayor Aubrey opposed. FIRST READING OF ORDINANCE 2010-21 -ESTABLISHING STANDARDS FOR UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Norris to adopt on first reading Ordinance 2010-21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA RELATING TO THE MAINTENANCE OF VACANT LOTS; AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON PRIVATE PROPERTY," OF CHAPTER 14, "HEALTH AND- SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14-80, "USES OR ACTIVITIES CONSTITUTING A PUBLIC NUISANCE," TO LIMIT THE GROWTH OF WEEDS, GRASS AND SIMILAR GROUND COVER ON BOTH IMPROVED AND UNIMPROVED LOTS TO TWELVE INCHES; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 15- 2, "AMENDMENTS," TO PROVIDE A CONSISTENT STANDARD FOR THE GROWTH OF GRASS AND BRUSH AND TO PROVIDE REGULATIONS FOR THE MAINTENANCE OF UNDEVELOPED PROPERTIES; AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OR ORDINANCES BY • AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO ALLOW NON-OPAQUE FENCES TO RESTRICT ACCESS TO WATERBODIES FROM VACANT LOTS AND TO PROVIDE STANDARDS FOR FORMERLY DEVELOPED VACANT LOTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 14, 2010 Page 5 of 6 FIRST READING OF ORDINANCE 2010-21 - ESTABLISHING STANDARDS FOR UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS continued • Mr. Knight detailed changes made to the proposed ordinance pursuant to Council discussion at its 09/30/2010 Workshop Session. Discussion ensued on principal uses and accessory uses. Mr. Rubin explained that because docks and piers are an accessory use, a section was added to acknowledge that these accessory uses may remain without a principal use, subject to certain conditions. Discussion took place regarding battery or solar powered irrigation systems. Mr. Knight reviewed the reasons for prohibiting electrical service on vacant lots. By consensus, Council made additional modifications as follows: chain-link fence may be galvanized or vinyl-coated; allow irrigation systems on unimproved lots; include seawalls as an exception to the accessory structures that must be removed; allow water service to docks and piers. Thereafter, the motion to adopt Ordinance 2010-21 on first reading passed unanimously. CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. The motion was seconded by Councilman Hernacki and passed unanimously. The consent agenda included the following items: Receive for file Minutes of Golf Advisory Board meeting held 9/13/10 Receive for file Minutes of Library Advisory Board meeting held 9/2810 RESOLUTION 2010-57 -LIGHTNING PREDICTION SYSTEM PURCHASE A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to adopt Resolution 2010-57 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF A LIGHTNING PREDICTION AND WARNING SYSTEM FROM THOR GUARD, INC. FOR THE NORTH PALM BEACH COUNTRY CLUB POOL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that the purchase price includes one year of preventative maintenance. It was noted that this would be the third lightning prediction system, in addition to those at Osborne Park and the Community Center. Parks and Recreation Director Mark Hodgkins explained how the system works. Thereafter, the motion to adopt Resolution 2010-57 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Manuel congratulated the North Palm Beach Women's Golf Association team for winning the Palm Beach County Pro - 3 Ladies Event. • Mayor Manuel announced that the team from North Palm Beach won the Palm Beach County League of Cities golf tournament. Mayor Manuel thanked staff for their efforts to ensure a successful Election Forum. Minutes of Village Council Regular Session held October 14, 2010 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS Mr. Knight reported on October golf rounds and golf membership renewals for FY 2010-2011. • Mr. Knight reported on September and October revenues for the Village Tavern Restaurant. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:22 p.m. ~--- i~~~~~~ /~~~%~~ Melissa Teal, CMC, Village Clerk • FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris David 6. Village Council of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORnY OR COMMITTEE ON 50 1. U . s . H 1 hWd 1 WHICH I SERVE IS A UNIT OF: CITY COUNTY K7 CITY ^ COUNTY ^ OTHER LOCAL AGENCY 33408 Palm Beach NAME OF POLITICAL SUBDIVISION: h B e c DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1 I, David B . Norris ,hereby disclose that on ,l ~~l ~ , 20 ~: (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate, , _ inured to the special gain or loss of my relative, , inured to the special gain or loss of ~,,~ /1-~18"ff~ ~ i7~,~~y~~~ ~~ , by whom I am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Z~~ t~ ~ ~c~~~ ~ , `~ ~ ~ ~~~ I ~Jl~ /1 ~ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2