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04-24-2008 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 24, 2008 u • Present: ROLL CALL William Manuel, Mayor David B. Norris, Vice Mayor Darryl Aubrey, Sc.D. President Pro Tem Edward M. Eissey, Ph.D. Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonazd Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Mayor Manuel 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 Norris gave the invocation and President Pro Tem Aubrey led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION Mayor Manuel proclaimed April 25, 2008 as Arbor Day in the Village ofNorth Palm Beach, and announced a tree planting ceremony at 9:00 a.m. Friday morning at Osborne Pazk. APPROVAL OF MINUTES The minutes of the Regulaz Session held 4/10/08 were approved as written. STATEMENTS FROM THE PUBLIC Steve Canfield wncerning the issue. Steve Hilker, 713 Kittyhawk Way, addressed the Council concerning a problem with speeding traffic on Kittyhawk Way. Mr. Hilker requested that Council consider installing four speed bumps on Kittyhawk Way. Mr. Hilker also distributed a letter from neighbor Jennifer Braswell regarding this matter. Village Manager Jimmy Knight will confer with Public Safety Director FIRST READING OF ORDINANCE 2008-08 - DOMANI PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT Councilman Hernacki moved that Ordinance 2008-08 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING ALARGE-SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN RELATING TO A SEVEN ACRE PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE APPROXIMATELY ONE M[LE SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN ("DOMANI PARCEL"); REMOVING THE PROPERTY FROM SPECIAL POLICY 5.2 AND ASSIGNING IT A HIGH DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AMENDING THE VILLAGE FUTURE LAND USE MAP SERIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Norris seconded the motion. Minutes of Village Council Regular Session held April 24, 2008 Page 2 of 5 DOMANI PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT continued Village Manager Jimmy Knight advised that Kolter Properties has requested that the Comprehensive Plan Future Land Use Map be amended to remove the Domani pacel from Special Policy 5.2 and assign it a high density residential land use classification, which would allow an increase in units from 77 up to a maximum of 168. Mr. Knight clarified that adopting Ordinance 2008-08 on first reading means that amendment 07-2.1 will be transmitted to the Florida Dept. of Community Affairs (DCA) for review, and requires adoption on sewnd reading before the land use change is effective. Mr. Knight reported that the Planning Commission voted 3 - 2 on 7/24/07 to approve the application as submitted. Mayor Manuel opened the public hearing. Robert Mauer, 115 Lakeshore Drive, provided a written statement to the Council, and declared that designating this parcel high density is premature. Mr. Mauer favored the original plan for the Domani property, and stated tl-iat traffic patterns for the new proposal have not been cleared with the Dept. of Transportation. Mr. Mauer expressed wncerns including the visual impact, density of the lot, and traffic caused by southbound residents. Mr. Mauer was also concerned with setbacks and felt that a building of 18 stories or higher directly on U.S. Highway 1 creates an urban environment. Joe Fagan, 1208 Marine Way, stated that he is President of the closest Property Owner's Association to the Domani project and represents 186 owners. Mr. Fagan expressed adamant opposition to increasing the density for the Domani property. Mr. Fagan was concerned with an increase in traffic and suggested that because the entrance to the Domani project will be directly across U.S. Highway 1 from the Benjamin School, it will require a traffic light. Patricia Freedman, 1200 Marine Way, advised that the Old Port Cove Property Owner's Association as a whole is concerned with the change in density. Mrs. Freedman stated that it would have an adverse impact on traffic congestion, particularly during rush hour from 4:30 p.m. to 6:00 p.m. and during bridge openings. There being no further public com...ents, Mayor Manuel closed the public hearing. Village Attorney Len Rubin advised that the land is zoned R-3 and Council is determining whether high density residential is an appropriate category for this parcel. Mr. Rubin noted that if the comprehensive plan amendment is not approved, the land is still subject to Special Policy 5.2, which caps density at 11 units per acre; however, if the amendment is adopted and enacted on second reading, Kolter will submit a new planned unit development (PUD) application specifying appearance, height, number of units, etc. Mr. Rubin advised that Council may still consider density during the PUD process and is not obligated to approve the maximum 24 units per acre. Village Planning Consultant Jim Fleischmann discussed the issue of density, and noted that the adjoining development, Old Port Cove, ranges from 9 units per acre up to 43 units per acre. Mr. Fleischmann advised that the entne Old Port Cove acreage, including the marina parcels and commercial parcel, divided by total number of units, equals 21.5 units per acre; or, if only the residential parcels are considered, equals a density of 25 units per acre. Mr. Fleischmann asked for Council direction on whether to request DCA review of the amendment or no review. Mr. Fleischmann estimated that if there is no review, it will take 90 days after transmittal before the proposed amendment is returned for Council wnsideration on second reading. Mr. Fleischmann advised that if DCA review is requested, DCA will issue an Objections, Recommendations, and Comments report, which could take up to a maximum of 155 days. Mr. Fleischmann noted it is unlikely that DCA will comment on height and density issues. Minutes of Village Council Regular Session held Apri124, 2008 Page 3 of 5 DOMANI PARCEL LARGE-SCALE COMPREHENSIVE PLAN AMENDMENT continued Discussion ensued on the number of stories allowed east and west of U.S. Highway 1, north of Parker Bridge, as well as zoning districts R-2 and R-3. Mr. Fleischmann noted that the U.S. Highway 1 Corridor Study recommended that all residential parcels north of Parker Bridge be assigned a high density future land use designation. Discussion ensued on Amendment 07-2.1, page 3-5, item B.S, Land Use Projections, with reference to the year 2010. Mr. Fleischmann explained that the planning time-frame of the current Comprehensive Plan is 2010, with the assumption that the Village would attain buildout during that period. Mr. Fleischmann is presently writing the Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan, which will extend that period to 2014. Ryan Thomas of Bohler Engineering, and Bob Vail and John Csapo of Kolter Properties were present. Mr. Thomas explained that Kolter is presently approved for 77 units and is seeking a change to allow up to 168 units. Mr. Thomas gave a presentation on the project. Mr. Thomas discussed preliminary traffic studies and advised that the configuration of the driveway is set by FDOT. Mr. Thomas reported that the driveway is centered in the middle of the property and allows left-in from the north, right-in from the south and right-out, with no left-out. Mr. Thomas noted that the increase in density v/ill result in an increase of 18 trips per peak hour to the north and 12 trips per peak hour to the south. It was requested that Kolter provide a progressive display of plans and report on the length of time for construction ofthe project during the interim between first and second reading. Thereafter, the motion to adopt and enact Ordinance 2008-08 on first reading passed with all present voting aye. By consensus, Council requested that DCA review the proposed amendment. CONSENT AGENDA Councilman Eissey moved to approve the consent agenda. Vice Mayor Norris seconded the motion, which passed unanimously. The following items were approved: Receive Minutes of Recreation Advisory Board meeting held 4/8/08 Receive Minutes of Audit Committee meeting held 4/9/08 RESOLUTION 2008-27 ADOPTED -COMMUNITY DEVELOPMENT BLOCK GRANT Councilman Eissey moved that Resolution 2008-27 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH PALM BEACH COUNTY FOR PARTICIPATION IN THE URBAN COUNTY PROGRAM TO ACCESS COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Hernacki seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held April 24, 2008 Page 4 of 5 RESOLUTION 2008-28 ADOPTED - APPOINTING MEMBERS TO VILLAGE BOARDS Councilman Hernacki moved that Emery Newell and Robert Gebbia be appointed to the Audit Committee. President Pro Tem Aubrey seconded the motion, which passed unanimously. By written ballot, the original of which is attached to the minutes of record, the Council appointed Frank Manning and Rick Stanish to the Code Enforcement Board. President Pro Tem Aubrey moved tc reappoint the four candidates to the Construction Board of Adjustment and Appeals. Vice P~Iayor Norris seconded the motion, which passed unanimously. By written ballot, the original of which is attached to the minutes of record, the Council appointed Mary Annis, Natalie McKenna, Christine DelGuzzi, Peter Carvajal, and Robert Mauer to the Library Advisory Board. Councilman Hernacki moved to appoint Kris Garrison as a regular member and Tim Hullihan as an alternate member to the Planning Commission. The motion died for lack of a second. President Pro Tem Aubrey moved to reappoint the four incumbent members on the Planning Commission. Vice Mayor Norris seconded the motion, and all present voted aye. Vice Mayor Norris moved to appoint Dianna Craven as 1st alternate to the Recreation Advisory Board. Councilman Eissey seconded the motion, which passed unanimously. By written ballot, the original of which is attached to the minutes of record, the Council appointed Bob Bell, Donald Grill, and Chris Cantwell to the Recreation Advisory Board. Vice Mayor Norris moved to appoint Jay Carron as a regular member and Denise Whiteford as the 1st alternate to the Waterways Board. Councilman Eissey seconded the motion, and all present voted aye. By written ballot, the original of which is attached to the minutes of record, the Council appointed Jerry Sullivan as 2nd alternate to the Waterways Board. By written ballot, the original of which is attached to the minutes of record, the Council appointed Dianne Reeves, Ted Bukowski, and Keith Davis to the Zoning Board of Adjustment. Thereafter, the names of all those appointed were entered into Resolution 2008-28. Vice Mayor Norris moved that Resolution 2008-28 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, CODE ENFORCEMENT BOARD, CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS, COUNTRY CLUB ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF ADJUSTMENT; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Eissey seconded the motion, which passed unanimously COUNCIL MATTERS Mayor Manuel congratulated the North Palm Beach Women's Golf Team for winning the Palm Beach County Women's League for the second year. Minutes of Village Council Regular Session held Apri124, 2008 Page 5 of 5 COUNCIL MATTERS continued Mayor Manuel recognized the Support Our Troops volunteers, who recently shipped 1,232 pounds to our fostered unit in Iraq and have raised enough funds for all 188 soldiers to receive prepaid calling cards. Mayor Manuel acknowledged receipt of a letter from the local American Cancer Society Relay for Life representative expressing thanks to the Council and Administration in promoting the 18-hour Relay for Life, which takes place this weekend at Jupiter High School. Mayor Manuel announced the upcoming Palm Beach County League of Cities Gala Installation Luncheon on 5/23/08. VILLAGE MANAGER MATTERS Mr. Knight announced a staffbudget retreat tomorrow and advised that the proposed FY 2009 Budget will be submitted to Council on July 10th Mr. Knight requested that councilmen contact him concerning the proposed schedule for Budget Workshops, if there are conflicts on any of the dates. Regarding architectural plans for the new tennis facility, Mr. Knight reported that a proposed contract has been delivered to Brian Idle. Mr. Knight thanked residents who spoke on behalf of the Public Safety Department to the Commission for Accreditation for Law Enforcement Agencies (CALEA.) Mr. Knight reviewed golf statistics, including summer memberships, rounds of play, and revenue Mr. Knight gave an update on the Request For Qualifications (RFQ) for Village engineering services and noted the receipt of 18 submissions from interested firms. Mr. Knight advised a staff committee will meet Wednesday, April 30th at 8:00 a.m. to review and rank the submissions, with a shortlist of applicants tentatively scheduled to make presentations at the Council's May 8th Regular Session. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Audit Committee Chairman Tom Magill presented the Annual Report of the Audit Committee. Mayor Manuel thanked the Audit Committee for their diligent work on behalf of the Village. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:11 p.m. ~0~~9~~~ ~'~~~ Melissa Teal, CMC, Village Clerk CLERK'S TALLY SHEET LIBRARY ADVISORY BOARD April 24, 2008 • Vacancies: 5 total (3 regular & 2 alternates) Round 1 Round 2 Annis, Mary (I) Carvajal, Peter (I) DelGu~i, Christine (I) LLCM McKenna, Natalie (I) Mauer, Robert ~ Rogers, Louva (Signs ure) T / -1~~~~~ ~ , (Signature) Round 3 • • BALLOT LIBRARY ADVISORY BOARD April 24, 2008 Vacancies: 5 total (3 regular & 2 alternates) Annis, Mary (I) Carvajal, Peter (I) DelGuai, Christine (I) McKenna, Natalie (I) Mauer, Robert Rogers, Louva Rou d 1/ Round 2 ~~ ~~ (Signature) Round 3 • • BALLOT LIBRARY ADVISORY BOARD April 24, 2008 Vacancies: 5 total (3 regular ~ 2 alternates) Round Annis, Mary (I) Carvajal, Peter (I) DelGuai, Christine (I) McKenna, Natalie (I) Mauer, Robert Round 2 Round 3 • Rogers, Louva u BALLOT LIBRARY ADVISORY BOARD April 24, 2008 Vacancies: 5 total (3 regular ~ 2 alternates) Round 1 Round 2 Annis, Mary (I) ~ Carvajal, Peter (I) ~( DelGuai, Christine (I) McKenna, Natalie (I) Mauer, Robert Rogers, Louva ignature) Round 3 • ~ ~ BALLOT LIBRARY ADVISORY BOARD April 24, 2008 • Vacancies: 5 total (3 regular S 2 alternates) Annis, Mary (I) Carvajal, Peter (I) DelGuai, Christine (I) McKenna, Natalie (I) Mauer, Robert Rogers, Louva (Si nature) Round 1 Round 2 Round 3 • ~ BALLOT LIBRARY ADVISORY BOARD April 24, 2008 Vacancies: 5 total (3 regular & 2 alternates) Round 1 Round 2 • Annis, Mary (I) ~ Carvajal, Peter (I) DelGuai, Christine (I) ~ McKenna, Natalie (I) ~ Mauer, Robert Rogers, Louva C/ (Signature) Round 3 • CLERK'S TALLY SHEET ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) Round 1 Round 2 Round 3 Brown, Ted Bukowski, Ted (I) ~~ Davis, Keith (I) Reeves, Dianne (I) • (Signature) ~~~~~ /mom (Signature) • BALLOT ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) Round 1 Brown, Ted Bukowski, Ted (I) ~/ Davis, Keith (I) l/ Reeves, Dianne (I) • (Signature) Round 2 Round 3 • BALLOT ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) R~~ ~nri 1 Brown, Ted Bukowski, Ted (I) Davis, Keith (I) Reeves, Dianne (I) • Round 2 Round 3 • BALLOT ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) Round 1 Round 2 Round 3 Brown, Ted Bukowski, Ted (I) _~ Davis, Keith (I) ~ Reeves, Dianne (I) /~ • O O (Signatur • BALLOT ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) Round 1 Brown, Ted Bukowski, Ted (I) Davis, Keith (I) Reeves, Dianne (I) • Round 2 Round 3 BALLOT • ZONING BOARD OF ADJUSTMENT April 24, 2008 Vacancies: 3 total (1 regular and 2 alternates) Round 1 Brown, Ted Bukowski, Ted (I) ~ Davis, Keith (I) ~ Reeves, Dianne (I) (_~~~'! V (Signature) Round 2 Round 3 u CLERK'S TALLY SHEET CODE ENFORCEMENT BOARD April 24, 2008 Vacancies: 2 (I) =Incumbent Round 1 Round 2 Round 3 Manning, Frank (I) f ~ / ~ Moore, Ed (I) / Stanish, Rick / l / ~%`~e~ • (Signature) (Signaturre) • BALLOT CODE ENFORCEMENT BOARD • April 24, 2008 Vacancies: 2 (I) =Incumbent Round 1 Manning, Frank (I) !/// Moore, Ed (I) (/ Stanish, Rick G%4 ~,-~ (Signature) Round 2 Round 3 • BALLOT u • CODE ENFORCEMENT BOARD April 24, 2008 Vacancies: 2 (I) =Incumbent Ro~ Manning, Frank (I) Moore, Ed (I) Stanish, Rick Round 2 Round 3 BALLOT CODE ENFORCEMENT BOARD April 24, 2008 Vacancies: 2 (I) =Incumbent Round 1 Round 2 Round 3 Manning, Frank (I) ~ Moore, Ed (I) Stanish, Rick 6~ • (Signs • BALLOT • CODE ENFORCEMENT BOARD April 24, 2008 Vacancies: 2 (I) =Incumbent Round 1 Round 2 Round 3 Manning, Frank (I) Moore, Ed (I) t / Stanish, Rick V _ i~~2:~ (SVgnature) • BALLOT CODE ENFORCEMENT BOARD April 24, 2008 Vacancies: 2 (I) =Incumbent Manning, Frank (I) Moore, Ed (I) Stanish, Rick Round 1 Round 2 Round 3 (Signature) • C~ CLERK'S TALLY SHEET RECREATION ADVISORY BOARD April 24 2008 Vacancies: 3 total (2 regular ~ 1 alternate) Round 1 Round 2 Bell, Bob (I) ~_ Cantwell, Chris ~ /I / Craven, Dianna (I) Grenier, Sylvain ~ ~ Grill, Donald (I) Liss, Carolyn Ring, Ted (Signature) ~ ~~ ~ /~~ s%" E re) Round 3 • BALLOT RECREATION ADVISORY BOARD April 24 2008 • Vacancies: 3 total (2 regular 81 alternate) Bell, Bob (I) Cantwell, Chris Craven, Dianna (I)`'~D9 Grenier, Sylvain Grill, Donald (I) Liss, Carolyn Ring, Ted Round 1 , Round 2 Round 3 ~ ~~ v ~~ `~ `~ (Signature) • • BALLOT RECREATION ADVISORY BOARD April 24 2008 Vacancies: 3 total (2 regular ~ 1 alternate) Round Round 2 Bell, Bob (I) - Cantwell, Chris Craven, Dianna (I) Grenier, Sylvain / Grill, Donald (I) V Liss, Carolyn Ring, Ted Round 3 • u BALLOT RECREATION ADVISORY BOARD April 24 2008 Vacancies: 3 total (2 regular 81 alternate) Round 1 Round 2 Round 3 Bell, Bob (I) / Cantwell, Chris Craven, Dianna (I) Grenier, Sylvain Grill, Donald (I) ~ Liss, Carolyn '~ Ring, Ted (Sig at • • BALLOT RECREATION ADVISORY BOARD April 24 2008 Vacancies: 3 total (2 regular & 1 alternate) Round 1 Round 2 Bell, Bob (I) Cantwell, Chris V Craven, Dianna (I) ~~ Grenier, Sylvain ~ Grill, Donald (I) V Liss, Carolyn Ring, Ted .~~' (Signat re) Round 3 u • BALLOT RECREATION ADVISORY BOARD April 24 2008 Vacancies: 3 total (2 regular $1 alternate) Bell, Bob (I) Cantwell, Chris Craven, Dianna (I) Grenier, Sylvain Grill, Donald (I) Liss, Carolyn Ring, Ted Round 1 Round 2 ®~ND / ~~zar~ /~ (Signature) Round 3 • ~J • • CLERK'S TALLY SHEET WATERWAYS BOARD April 24, 2008 Vacancies: 3 total (1 regular ~ 2 alternates) (I) =Incumbent Round 1 Batchelor, Chuck Brown, Ted ~ Carron, Jay (I) Falvey, Kevin Polin, Ronald Preti, Ed Ring, Ted Schlechter, Barbara Sullivan, Jeny 1~ Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William _ ~_ ~~ (Signature (Signature) Round 2 Round 3 BALLOT u WATERWAYS BOARD April 24, 2008 Vacancies: 3 total (1 regular ~ 2 alternates) (I) =Incumbent Round 1 Batchelor, Chuck Brown, Ted Carron, Jay (I) Falvey, Kevin Polin, Ronald Preti, Ed Ring, Ted Schlechter, Barbara Sullivan, Jeny Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William (Signature) Round 2 Round 3 • L J BALLOT WATERWAYS BOARD April 24, 2008 Vacancies: 3 total (1 regular 8 2 alternates) (I) =Incumbent Round 1 Batchelor, Chuck Brown, Ted Carron, Jay (I) Falvey, Kevin Polin, Ronald Preti, Ed Ring, Ted Schlechter, Barbara Sullivan, Jerry Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William Round 2 Round 3 • BALLOT WATERWAYS BOARD April 24, 2008 Vacancies: 3 total (1 regular ~ 2 alternates) (I) =Incumbent Round 1 Round 2 Round 3 Batchelor, Chuck Brown, Ted Canon, Jay (I) Falvey, Kevin Polin, Ronald • Preti, Ed Ring, Ted / Schlechter, Barbara Sullivan, Jeny Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William ~'" l'~ i (Signs • BALLOT WATERWAYS BOARD • April 24, 2008 Vacancies: 3 total (1 regular & 2 alternates) (I) =Incumbent Round 1 Round 2 Round 3 Batchelor, Chuck Brown, Ted Carron, Jay (I) Falvey, Kevin Polin, Ronald • Preti, Ed Ring, Ted Schlechter, Barbara Sullivan, Jerry Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William • BALLOT WATERWAYS BOARD April 24, 2008 Vacancies: 3 total (1 regular S 2 alternates) (I) =Incumbent Round 1 Batchelor, Chuck Brown, Ted Carron, Jay (I) Falvey, Kevin Polin, Ronald Preti, Ed Ring, Ted Schlechter, Barbara Sullivan, Jerry ~ ~~ '~ Wallen, Rodney Wendt, Charles Whiteford, Denise (I) Wood, William r~ J (Signature) Round 2 Round 3 •