06-25-2015 VC REG-Ml)
Present:
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MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 25, 2015
Robert A. Gebbia, Mayor
David B. Norris, Vice Mayor
Doug Bush, President Pro Tern
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, Councilmember
James P. Kelly, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
Mayor Gebbia 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
Mayor Gebbia gave the invocation and Councilmember Aubrey led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held June 11, 20 f5 were approved as written.
REGULATIONS FOR I -1 LIGHT INDUSTRIAL ZONING DISTRICT
A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to
adopt and enact on second reading Ordinance 2015 -11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING APPENDIX A, "APPEARANCE PLAN," AND APPENDIX C
(CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT
LAND DEVELOPMENT REGULATIONS FOR THE I -1 LIGHT INDUSTRIAL ZONING
DISTRICT; AMENDING SECTION III OF THE APPEARANCE PLAN TO INCLUDE THE
LIGHT INDUSTRIAL ZONING DISTRICT; AMENDING SECTION 45 -21,
"TELECOMMUNICATIONS ANTENNA AND ANTENNA TOWERS," TO ALLOW SUCH
FACILITIES WITHIN THE LIGHT INDUSTRIAL DISTRICT; CREATING A NEW
SECTION 45 -38, "I -1 LIGHT INDUSTRIAL DISTRICT," TO PROVIDE FOR DEFINITIONS,
PERMITTED AND SPECIAL EXCEPTION USES AND FOR ADDITIONAL CONDITIONS
AND REGULATIONS APPLICABLE THROUGHOUT THE DISTRICT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -11 on second reading passed
unanimously.
Minutes of Village Council Regular Session held June 25, 2015 Page 2 of 4
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -12— CODE AMENDMENT —
POLICE DEPARTMENT
C
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
and enact on second reading Ordinance 2015 -12 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III,
"ADMINISTRATIVE CODE," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING DIVISION 5 TO ELIMINATE THE REFERENCE TO THE DEPARTMENT OF
LAW ENFORCEMENT AND TO AMEND SECTION 2 -76, "COMPOSITION," TO ALLOW
MODIFICATION OF THE DIVISIONS WITHIN THE DEPARTMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -12 on second reading passed
unanimously.
FIRST READING OF ORDINANCE 2015 -13— CODE AMENDMENT — SPECIAL EXCEPTION
USES FOR COMMERCIAL DISTRICTS
A motion was made by President Pro Tern Bush and seconded by Vice Mayor Norris to adopt on
first reading Ordinance 2015 -13 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE II, "GENERALLY," OF APPENDIX C (CHAPTER 45),
"ZONING," OF THE VILLAGE CODE ORDINANCES BY CREATING A NEW SECTION
45 -16.2, "SPECIAL EXCEPTION USES," TO ADOPT PROCEDURES AND STANDARDS FOR
REVIEW OF APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL; AMENDING
ARTICLE I, "IN GENERAL," OF CHAPTER 21, "PLANNING AND DEVELOPMENT," OF
THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 21 -3, "PUBLIC NOTICE
REQUIREMENTS FOR DEVELOPMENT APPLICATIONS AND APPROVALS," TO INCLUDE
NOTICE REQUIREMENTS FOR APPLICATIONS FOR SPECIAL EXCEPTION APPROVAL;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion took place concerning Section 45- 16.2(e)(4) and determining if an application is
"substantially similar" to a previous application. Mr. Rubin explained the purpose is to prevent
filing of successive applications for what is essentially the same use on the same property. Mr. Rubin
advised that in the event of a conflict between staff and the petitioner, it would be the Council's
determination on whether or not an application was "substantially similar," as the Council has the
final word on interpretations of Village code.
Thereafter, the motion to adopt Ordinance 2015 -13 on first reading passed unanimously.
Minutes of Village Council Regular Session held June 25, 2015 Page 3 of 4
CONSENT AGENDA APPROVED
President Pro Tem Bush moved to approve the consent agenda. Councilmember Mullinix
seconded the motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Golf Advisory Board meeting held 5/18/15
Receive for file Minutes of the Audit Committee meeting held 5/26/15
Receive for file Minutes of the Recreation Advisory Board meeting held 6/9/15
RESOLUTION 2015 -45 — UTILITY EASEMENTS
A motion was made by President Pro Tem Bush and seconded by Vice Mayor Norris to adopt
Resolution 2015 -45 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING UTILITY EASEMENTS OVER PROPERTIES LOCATED
AT 1024 AND 1028 COUNTRY CLUB DRIVE WITHIN THE VILLAGE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Kelly stated the electrical lines for the pumping system adjacent to the green on golf course
hole # 17 need to be replaced. Mr. Kelly advised that because the existing easement is a drainage
easement, consent for a new utility easement was obtained from the property owners.
Thereafter, the motion to adopt Resolution 2015 -45 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Brief discussion took place concerning ethics training and it was suggested that staff may wish to
view the Florida League of Cities ethics training video in addition to the online ethics training
provided by the Florida Commission on Ethics.
Vice Mayor Norris commented on FPL's recent, severe pruning of trees in the vicinity of the
overhead power lines on South Anchorage Drive, and suggested that an article be placed in the
Village Newsletter reminding residents that they are responsible for keeping their trees trimmed
and for maintaining the swales.
Vice Mayor Norris noted the great work being done by businesses to comply with the Northlake
Boulevard Overlay Zoning regulations. Discussion ensued regarding installation of irrigation in
the swales on commercial properties. Community Development Director Chuck Huff will make
sure this is addressed.
Mayor Gebbia reported on the recent Palm Beach County League of Cities meeting and
discussion concerning a possible half -cent sales tax referendum or bond issue for infrastructure.
Mayor Gebbia announced that former Mayor and Councilmember Judy Pierman had been
appointed as the Palm Beach County League of Cities representative on the Palm Beach County
Commission on Ethics.
Mayor Gebbia reminded the Council, staff, and members of the public that the July 9, 2015
Council meeting had been cancelled.
Vice Mayor Norris moved to designate Mayor Gebbia as the Village's voting delegate at the
Florida League of Cities Conference in August 2015. Councilmember Aubrey seconded the motion,
which passed unanimously.
Minutes of Village Council Regular Session held June 25, 2015 Page 4 of 4
VILLAGE COUNCIL MATTERS /REPORTS
Mayor Gebbia congratulated Mr. Kelly on completing his first year as Village Manager. Discussion
(> took place concerning Mr. Kelly's current evaluation. Past evaluation practices for the manager
and clerk were discussed, as well as including the positions of manager and clerk in the new
performance evaluation system that is being implemented for all Village employees. It was
suggested that the Council establish specific goals and objectives for the manager and the clerk,
respectively, to be determined at the beginning of each year, with performance evaluations being
conducted by Council at the end of the year. Mayor Gebbia will research and develop draft
evaluation forms for discussion at the first Council Workshop Session in August.
The Council considered the process for determining a pay increase for Mr. Kelly for his
performance over the past year. By consensus, it was agreed that based on their evaluation, each
councilmember would determine the manager's performance level category /range as follows:
Development Needed, Successful [2.5 -3.5], Exceptional [4.5], or Extraordinary [5], and provide a
recommended percentage for the manager's pay for performance increase. Councilmembers will
present and discuss their recommendations at the next Regular Session, with the final determination
to be made by Council motion and vote.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly read excerpts from a resident's letter thanking the Village for drainage repairs adjacent
to their property and recognizing the efficiency, hard -work, and courteousness of the employees.
Mr. Kelly acknowledged the Mayor's congratulatory letter to Chief Jenkins regarding a 4.9%
decrease in the crime rate.
Mr. Kelly noted thirteen year old North Palm Beach resident Kayla Abramowitz received an
entrepreneurial award for her non - profit organization.
Regarding fencing options at the Community Center, Mr. Kelly reported the price is only 7%
more for black coated galvanized chain link material versus non - coated galvanized when the quantity
is increased to include fencing the fields and dugouts. This item has been included in the capital budget.
A decision to expend funds this year or next fiscal year will be made during budget workshops.
Mr. Kelly reviewed the timeline for preparation of the unified land development code and noted
the Village's consultant, Calvin, Giordano & Associates, Inc. would address all code articles
other than zoning and land use between now and July 2016. Mr. Kelly advised the timeline for
development of the vision and master plan for the Village is the same, and once the vision is
developed, Calvin, Giordano & Associates will begin work on the zoning and land development
portions of the Code of Ordinances. Mr. Kelly noted that Project Manager Richard Cannone of
Calvin, Giordano & Associates, Inc. was present to answer any questions.
Mr. Kelly introduced Michael Busha, Executive Director of Treasure Coast Regional Planning
Council (TCRPC). Mr. Busha detailed the composition of TCRPC, a not - for - profit entity, and
described the services it provides, including planning and grant applications.
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ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:38 p.m.
Melissa Teal, CMC, Village Clerk