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07-26-2012 VC REG-M MINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 26, 2012 Present: David B. Norris, Mayor William L. Manuel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tern Robert A. Gebbia, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Norris 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 Councilman Gebbia gave the invocation and President Pro Tern Aubrey led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held 7/12/12 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2012-06 — ESTABLISHING A BUSINESS ADVISORY BOARD A motion was made by Vice Mayor Manuel and seconded by Councilman Bush to adopt and enact on second reading Ordinance 2012-06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII, `BUSINESS ADVISORY BOARD;" PROVIDING FOR BOARD CREATION, TERMS, COMPOSITION AND DUTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. • Thereafter,the motion to adopt and enact Ordinance 2012-06,on second reading passed unanimously. Minutes of Village Council Regular Session held July 26,2012 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE 2012-07 — NORTHLAKE • BOULEVARD OVERLAY ZONING AMENDMENT A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt and enact on second reading Ordinance 2012-07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45), "ZONING," ARTICLE III, "DISTRICT REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECITON 45-35.3, "NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT," TO ADOPT A PROCEDURE FOR REVIEW OF CONDITIONAL AND SPECIAL PERMIT USES IN SECTION 4-1 AND TO ADOPT A NEW LAND USE CHART IN SECTION 4-2 TO INCORPORATE USES WITHIN BOTH THE CENTRAL AND EAST DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter,the motion to adopt and enact Ordinance 2012-07,on second reading passed unanimously. FIRST READING OF ORDINANCE 2012-08 — SIMULATED GAMBLING DEVICES A motion was made by Vice Mayor Manuel and seconded by President Pro Tern Aubrey to adopt on first reading Ordinance 2012-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IV, "SIMULATED GAMBLING DEVICES," TO PROHIBIT THE USE OF SUCH DEVICES WITHIN THE VILLAGE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin reviewed the definition of the term "simulated gambling devices," and exemptions from the prohibition of such devices. Regarding future action by the legislature, Mr. Rubin referenced Section 17-44 of the ordinance, "Conflict with state law" and advised the provisions of the Florida Constitution or Florida Statutes shall control. Thereafter,the motion to adopt Ordinance 2012-08,on first reading passed unanimously. CONSENT AGENDA Vice Mayor Manuel moved to approve the consent agenda. The motion was seconded by Councilman Gebbia and passed unanimously. The consent agenda included the following items: • Receive for file Minutes of the Library Advisory Board meeting held 6/26/12 Receive for file Minutes of the Recreation Advisory Board meeting held 7/10/12 Minutes of Village Council Regular Session held July 26,2012 Page 3 of 4 RESOLUTION 2012-42—TENTATIVE MILLAGE RATE • A motion was made by Vice Mayor Manuel and seconded by President Pro Tern Aubrey to adopt Resolution 2012-42 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.12 MILS FOR FISCAL YEAR 2012-2013; ESTABLISHING A DATE, TIME AND PLACE FOR THE FIRST HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green noted the Village is statutorily required to advise the Palm Beach County Property Appraiser of its tentative millage rate and the date, time, and place of the first public hearing on the budget and millage rate. Mr. Green reported that Council and Administration have agreed on a tentative millage rate of 7.12 mils. Mr. Green stated the rolled back rate is 6.9990 and the tentative millage rate is 1.73% above the rolled back rate. Mr. Green noted the tentative millage rate of 7.12 is the maximum millage that can be considered for fiscal year 2013, and can be lowered at the September public hearings but may not be increased. Mr. Green recommended holding the first public hearing on the budget and millage rate on Thursday, September 13, 2012 at 7:30 p.m. Council expressed that the budget process had just begun, and after a thorough review of the proposed budget during its Budget Workshop Sessions, a final millage rate would be determined, which could be lower than the tentative rate. Thereafter, the motion to adopt Resolution 2012-42 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Manuel reported the Palm Beach County League of Cities would like to have all 38 municipalities adopt a resolution supporting Palm Beach County's continued allocation of $12.50 Funds to the municipalities. Council consensus was to place a resolution on the next agenda. Regarding the Turtle Cove Project, Councilman Gebbia reported on the meeting held by Palm Beach County Department of Environmental Resources Management (ERM) to determine the possibility of developing a project that would be acceptable to the community at-large and those in the vicinity of Turtle Cove. Councilman Gebbia stated that although ERM considers there could be a future project opportunity, it does not intend to pursue the project further at this time. Vice Mayor Manuel reported on the Palm Beach County League of Cities meeting held July 25, 2012. Vice Mayor Manuel and distributed a copy of the League's legal report. Councilman Gebbia reported on the Seacoast Utility Authority Board meeting held July 25, 2012 to discuss the FY 2013 Budget. Councilman Gebbia stated no change in water rates is expected. • Councilman Gebbia advised the new reverse osmosis water treatment plant should be completed by the end of the year. Minutes of Village Council Regular Session held July 26,2012 Page 4 of 4 VILLAGE MANAGER MATTERS/REPORTS • Mr. Green reported on the RFP for the Southwest Neighborhood Sidewalks and Streetlights Project, which should be awarded in late September or early October. Mr. Green stated the start date for the project would be delayed until after the first ofthe year,in order to avoid interfering with the holidays. Mr. Green reviewed organizational initiatives that he will begin after completion of budget workshops, including process mapping, process improvements, and strategic planning. Mr. Green and HR Director Loren Slaydon will create a Village-wide Safety Committee, comprised of a cross-section of employees dedicated to eliminating lost-time injuries. Mr. Green plans to start the process of developing our concept for the future of the Country Club. As a part of the budget process, Mr. Green plans to look at long-range forecasting to try to improve estimates of future revenue streams, operating costs, and capital requirements used to determine our financial needs. Mr. Huff reported a Request for Proposals for Golf Course Maintenance Services has been advertised and a pre-proposal meeting has been scheduled on August 7, 2012 at the pro shop. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:05 p.m. a, Zef ()7/H Melissa Teal, CMC, Village Clerk •