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10-27-2011 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • OCTOBER 27,2011 Present: Darryl C. Aubrey, Sc.D., Mayor David B. Norris,Vice Mayor T.R. Hernacki, P.E., Councilman William L. Manuel, President Pro Tern Robert A. Gebbia, Councilman Leonard Rubin, Village Attorney James Titcomb, Village Manager Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Aubrey 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 President Pro Tern Manuel gave the invocation and Vice Mayor Norris led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The minutes of the Regular Session held 10/13/11 and the Special Session held 10/17/11 were approved as written. DECLARATION OF EX PARTE COMMUNICATIONS Councilman Hernacki reported a meeting with Colleen Walter, Urban Design Kilday Studios, and Rick Morgan, Old Port Cove Holdings, Inc. at Village Hall to review the Old Port Cove South Marina project. Mayor Aubrey reported a meeting with Rick Morgan at his office concerning the impact of delaying the Old Port Cove South Marina CPUD until October. FIRST READING OF ORDINANCE 2011-20—OLD PORT COVE SOUTH MARINA CPUD A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2011-20 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 "OLD PORT COVE SOUTH MARINA" ON APPROXIMATELY 2.28 ACRES OF REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND NORTH OF THE LAKE WORTH INLET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATION, WAIVERS AND CONDITIONS REFERENCED IN THIS • ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 27,2011 Page 2 of 7 FIRST READING OF ORDINANCE 2011-20—OLD PORT COVE SOUTH MARINA CPUD continued • Collene Walter and Marty Minor,Urban Design Kilday Studios;Rob Rennebaum, Simmons&White; Chris Benvenuto, Gunster, Yoakley; and Stewart; and Rick Morgan, Old Port Cove Holdings, Inc., were present to answer questions about the project. Ms. Walter summarized actions taken by the applicant in response to Council comments at its 8/25/11 Workshop Session. Ms. Walter requested that all past presentations made to the Planning Commission and Village Council, along with all applications and documentation be included in the record for this project. Louis Daniello, Quay South Condominium Board of Directors member, distributed a letter and photo to Council from Board of Directors President Gary Pires, on behalf of Old Port Cove Condominium Association III, Inc. (Quay South). Discussion ensued on the roof height and proposed roofing material for the Yacht Club building. Mr. Rubin reviewed the minor modifications that may be approved by the Community Development Director as part of the permitting process. Mr. Rubin explained that the Planning Commission reviews any aesthetic changes to the PUD, but does not review minor PUD amendments. Discussion took place on Sections 8 and 9 of the ordinance regarding the allowable percentage of increase in the overall building height that would be considered minor modifications subject to approval by the Community Development Director(less than 15%)or Village Council(15% - 25%). Mr. Rubin noted that any height increase over 25% would be a major amendment to the CPUD, and would require Council approval by ordinance. Ms. Walter displayed an aerial view of the existing Yacht Club building. Ms. Walter stated there is no proposal to change the design of the roof, the plan is to replace the current roof with a metal roof in the same configuration, and to screen the mechanical equipment located on the roof Ms. Walter explained the need to add height to the flat portion of the roof to accommodate screening of the mechanical equipment in compliance with Village code. It was requested that language clarifying this issue be added to the proposed ordinance prior to second reading. Discussion took place regarding the letter from McMahon Associates, Inc. concerning its review of the shared parking statement prepared by Simmons & White. It was noted that the letter does not specify agreement with the shared parking analysis and is not signed and sealed by the engineer. It was requested that staff obtain a signed and sealed letter from McMahon Associates, Inc. and confirm that McMahon Associates, Inc. concurs with the shared parking study. Mr. Morgan detailed the status of the security agreement between Old Port Cove Property Owners Association and Old Port Cove Holdings, Inc. and Old Port Cove Equities, Inc. Mr. Rubin noted that this is a private contractual issue, as the Village does not have jurisdiction over the use of the private roadway. Thereafter,the motion to adopt Ordinance 2011-20 on first reading passed unanimously. • Minutes of Village Council Regular Session held October 27,2011 Page 3 of 7 ORDINANCE 2011-21 -CODE AMENDMENT-PUBLIC SAFETY • A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt on first reading Ordinance 2011-21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT THE DIVISION OF THE PUBLIC SAFETY DEPARTMENT INTO THE LAW ENFORCEMENT (POLICE) DEPARTMENT AND THE FIRE RESCUE DEPARTMENT; AMENDING CHAPTER 1, "GENERAL PROVISIONS, BY AMENDING SECTION 1-9; AMENDING ARTICLE III, "ADMINISTRATIVE CODE," OF CHAPTER 2, "ADMINISTRATION," BY AMENDING SECTIONS 2-40, 2-41, 2-75, 2-76 AND ADDING NEW SECTIONS 2-81, 2-82 AND 2-83; AMENDING ARTICLE I, "IN GENERAL," ARTICLE II, "DOGS AND CATS," AND ARTICLE III, "RABIES CONTROL," OF CHAPTER 4, "ANIMALS AND FOWL," BY AMENDING SECTIONS 4-5, 4-12, 4-29, 4-30 AND 4-44; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," BY AMENDING SECTIONS 5-17, 5-19, 5-20, 5-21 AND 5-22; AMENDING ARTICLE II, "CIVIL DISORDERS AND DISTURBANCES," OF CHAPTER 8, "EMERGENCY MANAGEMENT," BY AMENDING SECTION 8-22; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 9, "COUNTRY CLUB," BY AMENDING SECTION 9-2; AMENDING ARTICLE II, "EMERGENCY MEDICAL SERVICES," OF CHAPTER 11.5, "EMERGENCY SERVICES," BY AMENDING SECTION 11.5-21; AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," AND ARTICLE IV, "RECOVERY OF COSTS FOR CLEANUP, ABATEMENT AND REMOVAL OF HAZARDOUS SUBSTANCES," OF CHAPTER 12, "FIRE PREVENTION AND PROTECTION," BY AMENDING SECTIONS 12-18, 12-102, 12-103, 12-104 AND 12-105 AND DELETING ARTICLE III, "FIRE DIVISION," IN ITS ENTIRETY; AMENDING ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," BY AMENDING SECTION 14-31; AMENDING ARTICLE II, "OPERATION OF VEHICLES GENERALLY," OF CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," BY AMENDING SECTION 18-19; AMENDING ARTICLE VI, "NOISE CONTROL," ARTICLE VII, "WEAPONS," AND ARTICLE X, "ALARMS," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," BY AMENDING SECTIONS 19- 116, 19-117, 19-185, 19-186, 19-207, 19-209, 19-210, 19-211, 19-213, 19-215 AND 19-217; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," BY AMENDING SECTIONS 20-5 AND 20-6; AMENDING ARTICLE III, "RESERVE FORCE," OF CHAPTER 23, "POLICE," BY AMENDING SECTIONS 23-42, 23-45 AND 23-48; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb advised that the ordinance revises code references to the Public Safety Department to reflect the change from a Public Safety Director position to a more traditional Law Enforcement (Police) Department and Fire Rescue Department as two separate departments. Mr. Rubin explained various references in the budget and code to Law Enforcement Department • or Police Department. Thereafter, the motion to adopt Ordinance 2011-21 on first reading passed unanimously. Minutes of Village Council Regular Session held October 27, 2011 Page 4 of 7 SPECIAL USE PERMIT APPROVED FOR STEVE'S OLD TIME PRODUCE MARKET • Community Development Director Chuck Huff reported on the application to open a retail produce market in the space formerly occupied by Far East Market. Mr. Rubin advised that the Far East Market had been a non-conforming use of the property, resulting from annexation. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. A motion was made by Councilman Hernacki, seconded by Councilman Gebbia, and passed unanimously, to approve the application for a Special Use Permit to allow Steve's Old Time Produce Market to operate an indoor retail produce market at 9080 Alternate AlA as a similar use to those permitted within the CC Transitional Commercial zoning district, subject to certain conditions and in accordance with Village policy. CONSENT AGENDA Councilman Gebbia moved to approve the consent agenda. The motion was seconded by Vice Mayor Norris and passed unanimously. The consent agenda included the following items: Motion to suspend Council meetings of 11/24/11 and 12/22/11 in observance of national holidays Receive for file Minutes of the General Employees Pension Board meeting held 9/22/11 Receive for file Minutes of the Zoning Board of Adjustment meeting held 10/6/11 Receive for file Minutes of the Recreation Advisory Board meeting held 10/11/11 RESOLUTION 2011-44—ELECTION SERVICES AGREEMENT A motion was made by President Pro Tem Manuel and seconded by Vice Mayor Norris to adopt Resolution 2011-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb advised that the resolution approves the negotiated agreement for the services of the Supervisor of Elections. Discussion ensued on Section I(1)(a), regarding current poll workers and poll worker training, and Section K(2)(c)(d), regarding notification of election results. Discussion was held regarding the canvassing board. Mrs. Teal explained that the members of the canvassing board would be designated in the annual "Notice of Election"resolution. Mrs. Teal II) reported that in 2010, the canvassing board members were the Village Attorney, Village Clerk, and Supervisor of Elections. Thereafter, the motion to adopt Resolution 2011-44 passed unanimously. Minutes of Village Council Regular Session held October 27, 2011 Page 5 of 7 RESOLUTION 2011-45—CAPITAL IMPROVEMENT PLAN FUNDING A motion was made by President Pro Tem Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-45 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2010-2011 TO TRANSFER SAVINGS FROM VARIOUS GENERAL FUND ACCOUNTS TO THE CAPITAL PROJECTS RESERVE EXPENSE ACCOUNT TO FUND THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb advised that pursuant to discussions during Budget Workshop Sessions, staff identified accounts in the FY 2011 General Fund budget with savings that could be transferred to the Capital Projects Fund to start funding the General Fund Five Year Capital Improvement Plan(CIP). Mrs. Janjua reported that these are savings from budgeted expenditures, which would otherwise be transferred to the Unreserved, Undesignated Fund Balance. Mrs. Janjua explained that the resolution adds an expenditure to the FY 2011 General Fund budget by transferring these savings into the Capital Projects Fund to set up CIP funding, and reduces the amount of funds that move into the Unreserved, Undesignated Fund Balance. Mrs. Janjua advised that departments would continue to present capital project requests to Council for approval. Mr. Rubin noted that appropriations from the Unreserved, Undesignated Fund Balance require adoption of a budget amendment by ordinance, due to the increase in the total budget amount, while budget transfers may be accomplished by resolution. Thereafter,the motion to adopt Resolution 2011-45 passed unanimously. RESOLUTION 2011-46 — DESIGN SERVICES AGREEMENT FOR VETERANS MEMORIAL PARK A motion was made by President Pro Tern Manuel and seconded by Councilman Hernacki to adopt Resolution 2011-46 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM MICHAEL REDD & ASSOCIATES, P.A. FOR DESIGN SERVICES FOR THE PROPOSED VETERANS MEMORIAL PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE PROPOSAL ON BEHALF OF THE VILLAGE; PROVIDING FOR A FUNDING SOURCE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Titcomb advised that Michael Redd &Associates is a subcontractor to the Village Engineer. Michael Redd was present to review the design services proposal. Discussion ensued on the list • of items not included in the proposal, as listed on page 4, as well as the possibility that a permit might be required by South Florida Water Management District. Minutes of Village Council Regular Session held October 27,2011 Page 6 of 7 RESOLUTION 2011-46 — DESIGN SERVICES AGREEMENT FOR VETERANS 1111 MEMORIAL PARK continued Discussion took place concerning funding the design services expense from Council Contingency as opposed to developer fees. Mrs. Janjua clarified that until the project is approved, the expense for design services must be charged to an account other than developer fees; however, upon Council approval of the Veterans Memorial Park project and the funding source for the project, the cost for design services would be transferred to the developer fees account or other account determined by Council. Thereafter,the motion to adopt Resolution 2011-46 passed unanimously. FINAL CLOSEOUT OF VILLAGE STREET SIGN PROJECT A motion was made by President Pro Tern Manuel and seconded by Vice Mayor Norris to authorize final payment to Baron Sign Manufacturing in the amount of $22,759.94 for the removal and replacement of Village street signs and stop signs, in accordance with Village policy. Discussion took place regarding placement and visibility of signs, bond release, warranty, replacement of damaged signs, and project savings. Thereafter,the motion to authorize final payment to Baron Sign Manufacturing passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey presented Mr. Titcomb with a framed certificate from the Palm Beach County League of Cities in recognition of his participation in the Literacy Coalition's "Read for the Record"program. VILLAGE MANAGER MATTERS/REPORTS Mr. Titcomb requested consideration to open the golf course on Christmas Day. Mr. Titcomb advised that the clubhouse and restaurant would remain closed. Head Golf Professional Lee Stroever discussed plans to open the driving range and golf course for about six hours. Council consensus was to approve this suggestion. Mr. Rubin discussed a request from various municipalities to participate in a lawsuit challenging the funding mechanism for the Inspector General (IG) program. Mr. Rubin reviewed the four legal challenges to the current funding method, and stated that the sole focus of the lawsuit is funding for the IG program. Mr. Titcomb explained how the "LOGER" system (Florida Department of Financial Services Local Government Electronic Reporting System) came to be used to determine the proportionate share paid by the county and municipalities. Council expressed concern with the open-ended cost of funding the IG program. During discussion, it was noted that pursuant to Florida Statutes, the county and municipalities are subject to mandatory mediation once the complaint is filed. By consensus, Council determined • not to join the lawsuit at this time. This issue may come back for further consideration when it is more narrowly defined. Minutes of Village Council Regular Session held October 27,2011 Page 7 of 7 VILLAGE MANAGER MATTERS/REPORTS • Mr. Titcomb reported that Food and Beverage Director Keith Riolino had submitted his resignation effective November 11, 2011. Mr. Titcomb advised that new management could be in place early next week. Mr. Titcomb announced the Village's Veterans Day event at 11:00 am on November 11th at Osborne Park and noted Village Hall, Public Works, and the Library would be closed. Mr. Titcomb reported temporary closure of the western baseball field at Osborne Park due to problems with foul balls hit over the fence. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:53 p.m. Melissa Teal, CMC, Village Clerk r •