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12-13-2012 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH,FLORIDA DECEMBER 13, 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 President Pro Tem Aubrey gave the invocation and Councilman Bush led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Joint Session held 11/8/2012, Regular Session held 11/8/2012, and Special Session held 11/28/2012 were approved as written. STATEMENTS FROM THE PUBLIC Mayor Norris introduced newly-elected County Commissioner Hal Valeche. DECLARATION OF EX PARTE COMMUNICATIONS Councilman Bush reported meeting with representatives of The Benjamin School to observe traffic patterns and parking flow on McLaren Road. President Pro Tem Aubrey reported meeting with Bob Vail on 6/8/2012 regarding the proposed Water Club project. President Pro Tem Aubrey reported a 12/11/2012 meeting with Frank Cavaliero,' Ken Tuma, and Rob Rennebaum,regarding The Benjamin School and neighbor's concerns. Mayor Norris reported receiving an email from James Meany regarding the Benjamin School project. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2012-12 — THE BENJAMIN SCHOOL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT A motion was made by Vice Mayor Manuel and seconded by Councilman Bush to adopt on first reading Ordinance 2012-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A LARGE-SCALE AMENDMENT TO-THE VILLAGE COMPREHENSIVE PLAN RELATING TO FOUR PARCELS OF REAL PROPERTY III TOTALING APPROXIMATELY 12.66 ACRES LOCATED WEST OF U.S. HIGHWAY ONE AND NORTH OF MCLAREN ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN ("THE BENJAMIN SCHOOL PROPERTIES"); ASSIGNING A COMMERCIAL FUTURE LAND USE DESIGNATION TO EACH PARCEL; AMENDING THE VILLAGE FUTURE LAND USE MAP SERIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held December 13,2012 Page 2 of 6 • PUBLIC HEARING AND FIRST READING OF ORDINANCE 2012-12 — THE BENJAMIN SCHOOL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT continued Mr. Green stated The Benjamin School has developed through increases in its land area and construction of additional facilities, resulting in inconsistent land use designations and zoning non-conformities. Mr. Green reported that the proposed amendment will assign a uniform land use designation to the entire property upon which The Benjamin School currently operates, in addition to the Carolinda Drive property being purchased from the Village, and will result in a uniform future land use designation and bring the property into compliance with the applicable floor area ratio (FAR) limitations. Mayor Norris opened the public hearing. The following persons addressed the Council concerning the proposed ordinance: Sheri Katz, 137 Gulfstream Road, urged the Council to approve the amendment. Mrs. Katz addressed the issue of traffic and parking, which she felt was common to other local area venues and just a part of life. Robert Bennett, 793 Harbour Isles Place, urged passage of the ordinance. Mr. Bennett stated an integral part of the attraction of living in North Palm Beach is The Benjamin School, and opined that the Village benefits from a diversity of successful businessmen and professionals who are attracted to North Palm Beach and The Benjamin School due to the school's academic reputation. Andy Larson, 729 Harbour Point Drive, asked Council to approve the necessary zoning changes. Christian D. Searcy, Jr., 654 Shore Road, noted the important charity work done by the school, and asked Council to support The Benjamin School and the continuation of its mission. Patrick Tighe, 533 Greenway Drive, stated that one of the selling points for his move to North Palm Beach was The Benjamin School. Mr. Tighe recommended passage of the amendment. Lisa Interlandi, 547 Marlin Road, expressed support for the amendment and the land use and zoning change. Regarding the issue of traffic on McLaren Road, Mrs. Interlandi advised that it seldom takes her more than a minute or two to get through the line of cars, and stated the traffic at North Palm Beach Elementary School is more significant. Sean Lichtig, 143 Ebbtide Drive, asked that Council pass the amendment. Mr. Lichtig stated he lived at Waterway Terrace for nine years and never had an issue with traffic. Mr. Lichtig noted that phases of the Waterway Terrace condominium date from 1971 and 1980; and Governor's Pointe, Seamark, Everglades Phase 1, and Royale Harbour condominiums date from 1984, 2003, 1979, 1972 respectively, while The Benjamin School predates them, having been established in 1960. • Thereafter, the motion to adopt Ordinance 2012-12 on first reading passed unanimously. continued on next page • Minutes of Village Council Regular Session held December 13,2012 Page 3 of 6 • FIRST READING OF ORDINANCE 2012-13 —THE BENJAMIN SCHOOL PLANNED UNIT DEVELOPMENT AND REZONING A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt on first reading Ordinance 2012-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "THE BENJAMIN SCHOOL" ON APPROXIMATELY 14.8 ACRES OF REAL PROPERTY LOCATED WEST OF U.S. HIGHWAY ONE, NORTH OF MCLAREN ROAD AND EAST OF ELLISON WILSON ROAD AS MORE PARTICULARLY DESCRIBED HEREIN; REZONING THREE PARCELS OF PROPERTY FROM THE C-1A (LIMITED COMMERCIAL), R-2 (MULTIPLE FAMILY), AND PUBLIC ZONING DISTRICTS TO THE C-1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT; PROVIDING FOR 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. Green stated that the applicant request rezoning to a unified Planned Unit Development (PUD) with an underlying zoning of C-1 Commercial. Mr. Green advised the PUD approval includes waivers and site plan approval for the construction of a 10,000 square foot maintenance building. Mr. Green noted that general waivers would apply to existing structures, setbacks, and landscaping deemed non-conforming, while any future structures or changes to site layout must comply with all applicable code requirements. Ken Tuma, Urban Design Kilday Studios, gave a presentation on the project. Discussion ensued regarding parking on McLaren Road, traffic circulation and monitoring at Crystal Tree Centre, gates and Knox boxes on Carolinda Drive. Rob Rennebaum, Simmons and White, Inc. reviewed measures taken to address the parking issue. Mr. Rubin will include additional language regarding faculty parking in Section 6.G of the ordinance. Discussion took place regarding Section 6.K, which specifies that Adult Entertainment is a prohibited use for the Property. Mr. Rubin noted that the language was carried over from initial discussions with the applicant; however, the ordinance provision is superfluous because the PUD is limited to educational purposes and any other use would require Council approval. By consensus, subsection K will be deleted. Village Planning Jodi Nentwick reported the State has thirty days to review the Comprehensive Plan amendment, after which both ordinances will come before the Council on second, final reading. • Thereafter,the motion to adopt Ordinance 2012-13 on first reading passed unanimously. Minutes of Village Council Regular Session held December 13,2012 Page 4 of 6 IIIFIRST READING OF ORDINANCE 2012-14—WATER CLUB PLANNED UNIT DEVELOPMENT A motion was made by Vice Mayor Manuel and seconded by Councilman Gebbia to adopt on first reading Ordinance 2012-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "WATER CLUB" ON APPROXIMATELY SEVEN ACRES OF REAL PROPERTY LOCATED EAST OF U.S. HIGHWAY ONE AND APPROXIMATELY ONE MILE SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR 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. Green reported on the application from Domani Development LLC to rezone a vacant parcel of land from R-3 Apartment Dwelling District to a Residential Planned Unit Development with waivers and site plan approval for 148 condominium units located within two towers and 20 townhome units. Mr. Green reviewed changes in the project from its first approval in 2005, and detailed the waivers requested for the current project. Bob Vail, representing landowner and developer Kolter Urban, was present with members of the Project Team, including Larry Cohan, BC Architects AlA, Inc.; Landscape Architect Michael Sapusek, Intuitive Design Group; and Trent Ebersole, McMahon Associates, Inc., to discuss aspects of the project. Discussion took place regarding traffic and the projected number of trips per day. Thereafter,the motion to adopt Ordinance 2012-14 on first reading passed unanimously. CONSENT AGENDA APPROVED • A motion was made by Vice Mayor Manuel, seconded by Councilman Bush, and passed unanimously,to approve the consent agenda, which included the following items: Resolution 2012-74 directing the Village Clerk to publish notice of the General Election on March 12, 2013; naming the time and place where the election shall be held; declaring the offices to be filled; requesting the Palm Beach County Supervisor of Elections conduct the election and perform certain duties. Receive for file Minutes of the Police and Fire Pension Board meeting held 08/21/12 Receive for file Minutes of the Golf Advisory Board meeting held 10/8/12 Receive for file Minutes of the Special Golf Advisory Board meeting held 10/22/12 • Receive for file Minutes of the Library Advisory Board meeting held 10/23/12 Receive for file Minutes of the Waterways Board meeting held 10/23/12 Receive for file Minutes of the Recreation Advisory Board meeting held 11/13/12 Receive for file Minutes of the Golf Advisory Board meeting held 11/19/12 Minutes of Village Council Regular Session held December 13,2012 Page 5 of 6 - RESOLUTION 2012-75 —POLICE VEHICLES PURCHASE A motion was made by Councilman Bush and seconded by President Pro Tern Aubrey to adopt Resolution 2012-75 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF THREE UNMARKED 2013 FORD POLICE INTERCEPTOR VEHICLES AND ONE MARKED 2013 FORD POLICE SPORT UTILITY VEHICLE PURSUANT THE STATE TERM CONTRACT FOR THE ACQUISITION OF MOTOR VEHICLES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $115,510.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE . POLICE AUTOMOTIVE CAPITAL ACCOUNT TO FUND THE PURCHASE; DECLARING SPECIFIED VEHICLES AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green detailed the request to purchase three unmarked and one marked police vehicles to be purchased using funds from the Capital Improvement Plan. Discussion took place regarding surplus vehicles and the number and use of police vehicles currently in service. Discussion ensued on the amount and type of equipment carried in the vehicles. Further discussion on surplus vehicles and equipment will be held at the next meeting. Thereafter,the motion to adopt Resolution 2012-75 passed unanimously. STUDENT COMMUNITY SERVICE PROGRAM APPROVED A motion was made by President Pro Tem Aubrey and seconded by Councilman Gebbia to authorize the implementation of a Student Community Service Program in accordance with a Student Community Service Policy administered by Village Administrative Staff. Human Resources director Loren Slaydon reviewed the program, which would be primarily for high school students who are required to complete community service hours. Discussion ensued on liability, types of work projects, and promotion of the program. It was suggested that a letter be sent to area schools and an article on the program be placed in the Village Newsletter. Further, it was requested that the policy clearly specify that the department heads must show need for this service. • Thereafter,the motion to authorize a Student Community Service Program passed unanimously. VILLAGE CLERK MERIT PAY APPROVED A motion was made by Vice Mayor Manuel, seconded by Councilman Bush, and passed • unanimously to grant a merit increase of 4.7% to the Village Clerk based upon the averaged score of the performance evaluations and directing Village Administration to process same. • Minutes of Village Council Regular Session held December 13,2012 Page 6 of 6 • MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Manuel distributed the Palm Beach County League of Cities December legal report and legislative priorities for the 2013 Legislative Session. Vice Mayor Manuel distributed state results and details on the 2012 General Election process from the Florida League of Cities Conference. Mayor Norris requested discussion of the Village's Small Business Grant Program be placed on an upcoming Workshop Session agenda. It was suggested that the new Business Advisory Board be tasked with publicizing this program. VILLAGE MANAGER MATTERS/REPORTS Mr. Green noted the State Fire Marshall had issued a Declarative Statement regarding NFPA 30A and marine fueling. This item will be placed on the next Workshop agenda for discussion. • g p p g Mr.`Green reported on damage to the golf course form the recent storm. Golf Director Lee Stroever gave an update on the status of the course. Mr. Green gave an update on the pending compensation study. Mr. Green reported on the distribution of holiday gift baskets to the employees, and positive comments on the holiday party. Mr. Green advised that the proposed Strategic Plan would be presented to Council at its Workshop Session on January 10, 2013. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 9:57 p.m. Melissa Teal, CMC, Village Cler •