11-18-2010 VC SP-MMINUTES OF THE SPECIAL SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 18, 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
President Pro Tem Norris gave the invocation and Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Manuel recognized Finance Director Samia Janjua and
Finance Manager Merle Goldberg, who were awarded the Certificate of Achievement for Excellence in
Financial Reporting by the Government Finance Officers Association.
APPROVAL OF MINUTES
The minutes of the Regular Session held 10/28/2010 were approved as written.
ITEM REMOVED FROM AGENDA
Mayor Manuel announced that item 6.E.3, a proposed resolution imposing a lien against real property
located at 1201 U.S. Highway 1 for unpaid waste disposal fees had been pulled from the agenda.
STATEMENTS FROM THE PUBLIC
Jay Carron, 841 Anchorage Drive, distributed an informational packet and addressed Council
concerning relocation of a piling adjacent to his wet slip at the Village marina.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-21 - ESTABLISHING
STANDARDS FOR UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS
• A motion was made by President Pro Tem Norris, seconded by Councilman Hernacki and passed
unanimously to remove from the table Ordinance 2010-21, a proposed ordinance amending Chapter 14,
Health and Sanitation, Chapter 15, Housing, and Appendix C, Zoning, to establish standards for
undeveloped and formerly developed vacant lots.
Minutes of Village Council Special Session held November 18, 2010 Page 2 of 5
SECOND READING AND ENACTMENT OF ORDINANCE 2010-21 - ESTABLISHING
• STANDARDS FOR UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS continued
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt and enact
on second 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 I, "IN GENERAL," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 45-2, "DEFINITIONS," TO PROVIDE
ADDITIONAL DEFINITIONS RELATING TO ACCESSORY AND PRINCIPAL USES,
BUILDINGS AND STRUCTURES; AMENDING ARTICLE III, "DISTRICT REGULATIONS,"
OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF 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.
Mr. Knight noted the ordinance was tabled on 10/28/10 in order to add further descriptive language.
Mayor Manuel opened the public hearing.
Chris Ryder, 118 Dory Road South, noted that the provisions of Chapter 45 are enforced by the
Special Magistrate and expressed concern that this ordinance would be enforced by the citation
method of code enforcement. Additionally, Mr. Ryder objected to prohibiting electrical service to
vacant lots.
Mr. Rubin reported the proposed ordinance specifies that violations shall be enforced as code
enforcement violations in accordance with Article VI of Chapter 2 of the Code of Ordinances, which
provides for code enforcement through the special magistrate process. Mr. Rubin noted that
enforcement by citation is contained in Article VII and requires Council adoption of a resolution and
fine schedule.
There being no further comments from the public, Mayor Manuel closed the public hearing.
• Thereafter, the motion to adopt and enact Ordinance 2010-21 on second reading passed
unanimously.
Minutes of Village Council Special Session held November 18, 2010 Page 3 of 5
FIRST READING OF ORDINANCE 2010-22 - SHOPPES AT CITY CENTRE COMMERCIAL
• PLANNED UNIT DEVELOPMENT
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt on first
reading a proposed ordinance entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT TO BE
KNOWN AS "SHOPPES AT CITY CENTRE" ON APPROXIMATELY 10.65 ACRES OF REAL
PROPERTY LOCATED WEST OF U.S. HIGHWAY ONE AND SOUTH OF PGA BOULEVARD
(F/K/A "NORTH PALM BEACH MARKETPLACE"), 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. Knight reported receipt of an application by Urban Design Kilday Studios, representing CF02
Palm Beach III, LP, owner of a parcel of property currently known as North Palm Marketplace, to
rezone the site to a commercial planned unit development (CPUD), modify the existing site plan and
change the name to The Shoppes at City Centre. Mr. Knight advised that the Development Review
Committee (DRC) reviewed the project on 10/7/10. Mr. Knight stated the Planning Commission,
acting as the Local Planning Agency, held a public hearing on 10/19/10 and recommended approval of
the request as submitted, with one condition modification pertaining to tenant signage.
Ken Tuma, Managing Principal of Urban Design Kilday Studios, discussed the requested landscape
waiver regarding the number of trees fronting a public right-of--way. Mr. Tuma stated the waiver is
necessary to allow a wider entrance.
Discussion ensued on outside storage and maintenance of the boat/kayak display. Mr. Tuma agreed to
the addition of a condition addressing maintenance. Mr. Knight noted that the outdoor display must be
brought inside each day at close of business.
Thereafter, the motion to adopt on first reading passed unanimously.
CONSENT AGENDA
Mayor Manuel removed items 6.D.4 and 6.D.5 from the 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:
Resolution 2010-60 amending Resolution 2010-34 to allocate a portion of the
expenditure for janitorial contract services to the Country Club Budget.
Resolution 2010-61 declaring one 2000 Pontiac, VIN 2G2FS32K2Y2158486, assurplus
• property and authorizing its disposal in accordance with Village policies.
Receive for file Minutes of General Employee Pension Board meeting held 9/15/2010
Receive for file Minutes of Library Advisory Board meeting held 10/26/2010
Minutes of Village Council Special Session held November 18, 2010 Page 4 of 5
RECEIVE FOR FILE MINUTES OF WATERWAYS BOARD MEETING HELD 10/19/2010
• A concern was expressed that the wording of two items in the minutes regarding proposed changes
to Chapter 5 of the Code of Ordinances seems to indicate that the Waterways Board took action to
change the code, rather than to recommend these code changes. Mr. Knight reported that
Community Development Director Chuck Huff would attend the next Waterways Board meeting to
clarify this issue.
President Pro Tem Norris moved to receive for file the minutes of the Waterways Board meeting held
10/19/2010. Councilman Hernacki seconded the motion, which passed unanimously.
RECEIVE FOR FILE MINUTES OF RECREATION ADVISORY BOARD MEETING HELD 11/9/2010
At its 11/9/2010 meeting, the Recreation Advisory Board recommended to Council, "to look into the
possibility of installing a sign or signs at Anchorage Park stating that it is a privilege to fish in the Park
and that fishing lines in the navigational waters of passing boats must be cleared as to not cause
damage." Mr. Knight advised that three signs have been ordered.
It was noted that the Recreation Advisory Board had discussed a concern about the timing of crosswalk
lights at U.S. Highway One. Mr. Knight reported that Community Development Director Chuck Huff
has been working with FDOT to increase the time allotted to cross the intersection or to update the
signal to a newer "countdown" type of signal.
Councilman Hernacki moved to receive for file the minutes of the Recreation Advisory Board meeting
held 11 /9/2010. President Pro Tem Norris seconded the motion, which passed unanimously.
RESOLUTION 2010-62 - FY2009-2010 GENERAL FUND BUDGET AMENDMENT
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE FISCAL YEAR 2009-2010 GENERAL FUND BUDGET FOR THE PURPOSE OF
TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that in accordance with the Village budget ordinance, the proposed amendment
transfers money from departments with savings to those needing additional funds; however, the
General Fund budget in total does not change.
Finance Director Samia Janjua explained the increase in the Recreation-Pool operating line item and
the Recreation-Tennis personnel and operating line items was due to an increase in pool and tennis
revenues, which resulted in a corresponding increase in the expense for lessons. Regarding the
increase in the General Services operating line item, Mrs. Janjua explained that the actual cost of
general liability insurance was more than budgeted, while the actual cost of workers compensation
• insurance was less than budgeted.
Thereafter, the motion to adopt Resolution 2010-62 passed unanimously.
Minutes of Village Council Special Session held November 18, 2010 Page 5 of 5
RESOLUTION 2010-63 - FY2009-2010 COUNTRY CLUB BUDGET AMENDMENT
• A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2010-63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE FISCAL YEAR 2009-2010 COUNTRY CLUB BUDGET FOR THE PURPOSE OF
TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that in accordance with the Village budget ordinance, the proposed amendment
transfers money from departments with savings to those needing additional funds; however, the
Country Club budget in total does not change. Mr. Knight noted that because expenses in the Food
and Beverage line item were not budgeted, it was necessary to find savings in other departments within
the Country Club in order to balance the budget.
Thereafter, the motion to adopt Resolution 2010-62 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Vice Mayor Aubrey related a request from the ad hoc Business Advisory Committee that the Village
fund another business forum at the Country Club. A motion was made by Vice Mayor Aubrey,
seconded by President Pro Tem Norris, and passed unanimously to appropriate $1,000 from Council
contingency to fund a business forum to be held at the Country Club.
Vice Mayor Aubrey reported that the ad hoc Business Advisory Committee suggested a change to the
signage approval process for commercial plazas with multiple businesses. The committee
recommended that in order to expedite the sign permitting process for new businesses, Village staffbe
authorized to approve sign applications that are consistent with the approved master signage plan,
instead of requiring approval by the Planning Commission. Mr. Rubin opined that this proposed
change would require a code amendment. This issue will be placed on an upcoming Workshop agenda
for further discussion.
Mayor Manuel noted that Support Our Troops volunteers would be packing the holiday shipment on
Saturday at Osborne Park.
Mayor Manuel reminded Council of the Palm Beach County League of Cities General Membership
meeting at 11:30 a.m. on Wednesday, November 24th at the North Palm Beach Country Club.
Mayor Manuel announced the Village Christmas Tree Lighting on December 1, 2010.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight announced that the Village Tavern Restaurant is serving Thanksgiving dinner.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:21 p.m.
Melissa Teal, CMC, Village Clerk