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11-07-2007 VC SP-M• C J • MINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 7, 2007 Present: Dr. Edward M. Eissey, Mayor William Manuel, Vice Mayor David B. Norris, President Pro Tem Darryl Aubrey, Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey 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 Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mayor Eissey acknowledged Randall Hicks, Public Works employee, for 20 years of service to the Village. Mr. Hicks was unable to be present. APPROVAL OF MINUTES The minutes of the Regulaz Session held 10/25/07 and the minutes of the Special Session held 11/1/07 were approved as written. Mayor Eissey requested that councilmen who speak at Advisory Board meetings make it cleaz that they are not speaking or giving direction on behalf of the Village Council. SECOND READING AND ENACTMENT OF ORDINANCE 2007-16 -CODE AMENDMENT FOR SIMILAR USES Vice Mayor Manuel moved that Ordinance 2007-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GENERALLY," OF APPENDIX C, "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO CREATE A NEW SECTION 45-16.1 AND ESTABLISH A PROCEDURE FOR THE APPROVAL OF SIMILAR USES THROUGH THE ISSUANCE OF A SPECIAL PERMIT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. Councilman Aubrey seconded the motion. Minutes of Village Council Special Session held November 7, 2007 Page 2 of 6 Mayor Eissey opened the public heazing. There were no comments from the public. Mayor • Eissey closed the public heazing. Discussion ensued regarding the pazameters of the special use permit, and whether it would allow changes in height, etc. Village Planner Jodi Nentwick advised that the applicant would have to comply with the general uses permitted within the pazticulaz zoning district. Village Attorney Len Rubin noted that the Planning Commission wanted a formal, structured procedure for approval of similaz uses. Thereafter, the motion to adopt and enact Ordinance 2007-16 on second reading passed unanimously. SECOND READING AND ENACTMENT OF ORDINANCE 2007-17 -CODE AMENDMENT FOR POLICE AND FIRE PENSION FUND President Pm Tem Norris moved that Ordinance 2007-17 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-166 TO AUTHORIZE FOREIGN INVESTMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted and enacted on second reading. Vice Mayor Manuel seconded the motion. Mayor Eissey opened the public hearing. There were no comments from the public. Mayor Eissey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2007-17 on second reading passed unanimously. FIRST READING OF ORDINANCE 2007-18 -REZONING OF 872 U.S. HIGHWAY 1 Vice Mayor Manuel moved that Ordinance 2007-18 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 1.2 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-A COMMERCIAL ZONING DISTRICT TO THE C-lA LIMITED COMMERCIAL ZONING DISTRICT AT THE REQUEST OF THE PROPERTY OWNER; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Hernacki seconded the motion. Brief discussion ensued on the U.S. Highway 1 Corridor Zoning Study. It was noted that the • rezoning request is consistent with the study, and now that the policy is in place, individual parcels can be considered on a case-by-case basis. Thereafter, the motion to adopt Ordinance 2007-18 on first reading passed unanimously. Minutes of Village Council Special Session held November 7, 2007 Page 3 of 6 FIRST READING OF ORDINANCE 2007-19 -COMMERCIAL VEHICLE PARKING IN RESIDENTIAL NEIGHBORHOODS • Vice Mayor Manuel moved that Ordinance 2007-19 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34, "PARKING RESTRICTED," TO REFERENCE PAYLOAD OR CARRYING CAPACITY AND PROVIDE RESTRICTIONS FOR THE OVERNIGHT PARKING OF SPECIFIED VEHICLES IN RESIDENTIAL ZONING DISTRICTS; AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-173 TO PROVIDE FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Councilman Hernacki seconded the motion. Village Manager Jimmy Knight discussed the amount of commercial signage to be allowed on vehicles pazked overnight in residential neighborhoods and recommended limiting it to 10 square feet. Mr. Knight distributed photos depicting various configurations ofthis limit on different vehicles. Discussion took place concerning the following issues: payload or carrying capacity of vehicles; prohibited vehicles with regazd to an exemption for vehicles that can't be seen; increasing the allowable signage on vans; fitted vehicle covers; pazking in carports; vehicles used for the commercial sale of food or beverages; and delaying the effective date of the ordinance. By consensus, the Council amended subsection (c) to include the phrase "truck model rating"; amended Section 7 to change the effective date to 180 days from the date of adoption; amended subsection (e)(7) to state "any vehicle used and desig ed for the commercial sale of food or beverages"; and amended subsection (f)(1) to stipulate a manufactured vehicle wver. Council consensus was that prohibited vehicles are not exempt due to screening, and signage must be completely covered on vehicles with commercial advertising that exceeds 10 squaze feet. Thereafter, the motion to adopt Ordinance 2007-19 on first reading passed unanimously. FIRST READING OF ORDINANCE 2007-20 -GOLF COMMITTEE Vice Mayor Manuel moved that Ordinance 2007-20 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING ARTICLE II, "ADVISORY BOARD," OF CHAPTER 9, "COUNTRY CLUB," OF THE VILLAGE CODE OF ORDINANCES AND DISSOLVING THE COUNTRY CLUB ADVISORY BOARD; ENACTING A NEW ARTICLE II OF CHAPTER 9 ENTITLED "GOLF COMMITTEE;" PROVIDING FOR THE CREATION, MEMBERSHIP, TERMS, MEETINGS AND DUTIES OF THE GOLF COMMITTEE; PROVIDING FOR • CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. President Pro Tern Norris seconded the motion, which passed iinanimnisly. Minutes of Village Council Special Session held November 7, 2007 Page 4 of 6 FIRST_READING OF ORDINANCE 2007-21 -COMMERCIAL WASTE DISPOSAL FEES • President Pro Tem Norris moved that Ordinance 2007-21 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14-30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES" TO INCREASE THE ANNUAL DISPOSAL FEE AS ADOPTED BY THE SOLID WASTE AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Manuel seconded the motion. During discussion, it was noted that this fee is in addition to the ad valorem tax, and is split between the Village and the Solid Waste Authority. Thereafter, the motion to adopt Ordinance 2007-21 on first reading passed unanimously. CONSENT AGENDA Vice Mayor Manuel moved to approve the consent agenda. President Pro Tem Norris seconded • the motion, which passed unanimously. The following items were approved: Receive Minutes of Planning Commission meeting held 8/7/07 Receive Minutes of Planning Commission meeting held 9/4/07 RESOLUTION 2007-100 ADOPTED - NORTHLAKE BLVD. STREETSCAPE PROJECT PHASE II AGREEMENT Vice Mayor Manuel moved that Resolution 2007-100 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO EXTEND THE PROFESSIONAL SERVICE AGREEMENT WITH MICHAEL REDD AND ASSOCIATES FOR CONSTRUCTION ADMINISTRATION SERVICES RELATING TO PHASE TWO OF THE NORTHLAKE BOULEVARD STREETSCAPE PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. President Pro Tem Norris, who serves as Chairman of the Northlake Boulevard Task Force, noted that no additional funding is required for the contract extension. • Thereafter, the motion to adopt Resolution 2007-100 passed with all present voting aye. Minutes of Village Council Special Session held November 7, 2007 Page 5 of 6 RESOLUTION 2007-1.01 ADOPTED -GENERAL FUND BUDGET AMENDMENT • Vice Mayor Manuel moved that Resolution 2007-101 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 2006-2007 GENERAL FUND BUDGET FOR THE PURPOSE OF TRANSFERRING AND REALLOCATING FUNDS AMONG VARIOUS DEPARTMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey seconded the motion. Discussion ensued on reflecting actual expenditures for the purpose of next year's budgeting process Thereafter, the motion to adopt Resolution 2007-101 passed unanimously. RESOLUTION 2007-102 ADOPTED -POLICE AND FIRE PENSION PLAN PAYMENT Vice Mayor Manuel moved that Resolution 2007-102 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE PAYMENT OF $59,491.69 TO THE VILLAGE POLICE AND FIRE PENSION PLAN TO FUND THE VILLAGE'S REQUIRED CONTRIBUTION FOR THE 2006-07 FISCAL YEAR; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted. Councilman Hernacki seconded the motion. Discussion ensued on under-funding of the plan. It was noted that this occurred because the estimated payment must be projected far in advance, without knowing whether there will be contributions made for overtime, etc. Thereafter, the motion to adopt Resolution 2007-102 passed unanimously. RESOLUTION 2007-103 ADOPTED-RETIREE INSURANCE BENEFITS ADMINISTRATIVE POLICY Vice Mayor Manuel moved that Resolution 2007-103 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AN ADMINISTRATIVE POLICY REGARDING RETIREE INSURANCE BENEFITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Aubrey sewnded the motion, which passed unanimously. RESOLUTION 2007-104 ADOPTED -PUBLIC SAFETY MARKED PATROL VEHICLES PURCHASE Vice Mayor Manuel moved that Resolution 2007-104 entitled • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF TWO 2008 FORD CROWN VICTORIA INTERCEPTOR MARKED PATROL VEHICLES FROM BOBBY JONES FORD; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion, which passed unanimously. Minutes of Village Council Special Session held November 7, 2007 Page 6 of 6 RESOLUTION 2007-105 ADOPTED -PUBLIC SAFETY UNMARKED PATROL VEHICLES • PURCHASE Vice Mayor Manuel moved that Resolution 2007-105 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF THREE UNMARKED PATROL VEHICLES PURSUANT TO PRICING ESTABLISHED BY THE FLORIDA SHERIFF'S ASSOCIATION CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Norris seconded the motion. Discussion ensued on use of the vehicles. Public Safety Director Steve Canfield explained that two vehicles presently being used for administration are unmarked police cars, which will be converted to mazked patrol vehicles and replaced by less expensive vehicles for administrative use, and the other vehicle purchased will be used by the detectives. Brief discussion took place concerning increasing the fleet and retiring vehicles. Thereafter, the motion to adopt Resolution 2007-105 passed unanimously. COUNCIL MATTERS Councilman Hernacki expressed concern with the exterior and interior condition of the • Community Center. Public Works Director Wiley Livingston advised that the facility is on the work schedule and funding was included in the current year's budget. VILLAGE MANAGER MATTERS Mr. Knight notified the Council of a $9,500 change order for additional landscaping on Prosperity Farms Road, with funding being provided by Palm Beach County. Mr. Livingston reported that landscaping south of Burns Road is being enhanced to reflect the landscaping north of Burns Road. Mr. Livingston noted that under-planting will begin next week on the south section of Prosperity Farms Road and the additional planting near Burns Road should complete the project. Mr. Knight briefly discussed the potential impact of the tax reform amendment being placed on the 1/29/08 ballot. Mr. Knight estimated the effect of a double homestead exemption to be a loss of $700,000 in ad valorem revenue. Mr. Knight announced the Veterans' Day event at 10:00 a.m on Saturday, November 10th at Osborne Pazk ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. Melissa Teal, CMC, Village Cler