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09-30-2010 VC SP-MMINUTES OF THE SPECIAL SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 30, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norns, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Melissa Teal, CMC, Village Clerk ROLL CALL 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 Mayor Manuel gave the invocation and President Pro Tem Norris led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Manuel presented Arnold Rothstein with a Certificate of Appreciation for his service to the Village as a member of the Planning Commission. APPROVAL OF MINUTES The minutes of the Special Session held 9/16/10 and the Special Session held 9/22/10 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2010-13 - AD VALOREM TAX MILEAGE RATE AND ORDINANCE 2010-14 -BUDGET ORDINANCE Councilman Gebbia moved to adopt and enact on second reading Ordinance 2010-13 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN • EFFECTIVE DATE. Councilman Hernacki seconded the motion. Minutes of Village Council Special Session held September 30, 2010 Page 2 of 6 SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE ORDINANCE AND BUDGET ORDINANCE continued • A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Norris to adopt and enact on second reading Ordinance 2010-14 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that the proposed ordinance sets the millage rate at 6.9723 mils, which is a decrease of 6.79% from the fiscal year 2010-2011 rolled back rate of 7.4802 mils. Mr. Knight reported the General Fund Budget has been reduced by more than $550,000 and ad valorem taxes have been reduced almost $746,000 from the current year. Mr. Knight noted that with no outstanding loan obligations in the General Fund, the Village is debt free. Mayor Manuel opened the public hearing on the ad valorem tax millage rate and budget. Conrad DeSantis, 1125 Country Club Drive, congratulated the Council and staff on reducing spending and still maintaining the quality of life in the Village. Mr. DeSantis noted the need to keep "fighting the battle of the budget" and asked Council and staff to continue looking for efficiencies so that North Palm Beach continues to be a great place to live. There being no further comments from the public, Mayor Manuel closed the public hearing. Mayor Manuel reiterated that the rolled back rate is 7.4802, the percentage decrease under the rolled back rate is 6.79, and the millage rate to be levied is 6.9723 mils. The motion to adopt and enact Ordinance 2010-13 and Ordinance 2010-14 on second reading passed unanimously. FIRST READING OF ORDINANCE 2010-15 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.1 A motion was made by Vice Mayor Aubrey to adopt on first reading Ordinance 2010-15 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A • 1.53 ACRE PARCEL OF REAL PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF U.S. HIGHWAY ONE AND THE EARMAN RIVER (C-18 CANAL), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OTHER HIGH DENSITY RESIDENTIAL TO COMMERCIAL; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Special Session held September 30, 2010 Page 3 of 6 FIRST READING OF ORDINANCE 2010-15 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.1 continued • The motion was seconded by Councilman Gebbia Mr. Knight explained the Village initiated this small-scale comprehensive plan amendment to correct a previous mapping error concerning the Denny's Restaurant parcel. Mr. Knight stated the amendment would change the future land use designation from High Density Residential to Commercial, consistent with the current C-B commercial zoning designation. Mr. Knight reported that the Planning Commission, sitting as the Local Planning Agency (LPA), held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. President Pro Tem Norris declared a voting conflict. It was suggested that the land use map undergo a comprehensive parcel-by-parcel review to ensure there are no other errors. Planning Consultant Jim Fleischmann, Land Research Management, Inc., advised that a review could be done prior to the next Evaluation and Appraisal Report. Thereafter, the motion to adopt Ordinance 2010-15 on first reading passed 4 - 0, with Vice Mayor Aubrey, Councilman Gebbia, Mayor Manuel, and Councilman Hernacki voting aye. FIRST READING OF ORDINANCE 2010-16 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-1.2 A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt on first reading Ordinance 2010-16 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF THREE PARCELS OF REAL PROPERTY TOTALING 0.737 ACRES IN SIZE LOCATED AT THE NORTHWEST CORNER OF PROSPERITY FARMS ROAD AND PELICAN WAY WEST AND THE SOUTHEAST CORNER OF WESTWIND DRIVE AND PELICAN WAY WEST, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OTHER PUBLIC FACILITIES (OPF) TO LOW DENSITY RESIDENTIAL; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported this remedial small-scale comprehensive plan amendment was initiated by the Village to correct an inconsistency between the future land use designations of three parcels and their current use and zoning designations. Mr. Knight explained that these properties, previously owned by a religious institution, were sold and developed for single-family residential and accessory uses. Mr. Knight stated the amendment is necessary to revise the future land use map designations to be consistent with the current R-1 Single-Family Dwelling zoning designation. Mr. Knight reported that the Planning Commission, sitting as the LPA, held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. Mr. Fleischmann advised that the land use designation was appropriate until the parcels were • sold and developed for single-family purposes. Village Planner Jodi Nentwick noted there was not a planner on staff at that time; currently, land use and zoning regulations are reviewed during the permitting process. Thereafter, the motion to adopt Ordinance 2010-16 on first reading passed unanimously. Minutes of Village Council Special Session held September 30, 2010 Page 4 of 6 FIRST READING OF ORDINANCE 2010-17 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-2.1 • A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt on first reading Ordinance 2010-17 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A .SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 1.71 ACRE PARCEL OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF RICHARD ROAD AND OLD DIXIE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY COMMERCIAL HIGH/5 LAND USE CLASSIFICATION TO THE VILLAGE LIGHT INDUSTRIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that in February 2010, the Village annexed a parcel of land located at 9264 Old Dixie Highway, and the amendment is necessary to assign the Light Industrial future land use designation to this property. Mr. Knight reported that the Planning Commission, sitting as the LPA, held a public hearing on 9/14/10 and unanimously recommended approval of the amendment as submitted. Thereafter, the motion to adopt Ordinance 2010-17 on first reading passed unanimously. FIRST READING OF ORDINANCE 2010-18 -VOLUNTARY ANNEXATION A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt on first reading Ordinance 2010-18 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNEXING SEVEN (7) CONTIGUOUS PARCELS OF REAL PROPERTY TOTALING APPROXIMATELY 4.64 ACRES LOCATED NORTH OF RICHARD ROAD AND WEST OF THE F.E.C RAILROAD RIGHT-OF-WAY WITHIN TARGET ANNEXATION AREAS 4B AND 4C, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION OF THE PROPERTY MEETS ALL LEGAL CRITERIA; DIRECTING VILLAGE ADMINISTRATION TO DO ALL THINGS NECESSARY TO EFFECTUATE SAID ANNEXATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight stated the Village received applications for voluntary annexation of seven parcels of real property totaling approximately 4.64 acres. Mr. Knight advised that the properties would be assigned the Light Industrial future land use designation. The Planning Commission held a public hearing regarding the voluntary annexation and small-scale comprehensive plan amendment on 9/14/10, and approved the applications as submitted. Mr. Knight reported the Village received written approval from Palm Beach County authorizing the annexation. • Discussion took place concerning existing businesses with restrictions that might conflict with existing code requirements or future land use requirements. Jon Schmidt, agent for the applicants, advised that the current structures and businesses would be existing non-conformities. Thereafter, the motion to adopt Ordinance 2010-18 on first reading passed unanimously. Minutes of Village Council Special Session held September 30, 2010 Page 5 of 6 FIRST READING OF ORDINANCE 2010-19 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT 10-2.2 • A motion was made by Councilman Gebbia and seconded by Vice Mayor Aubrey to adopt on first reading Ordinance 2010-19 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF SEVEN CONTIGUOUS PARCELS OF REAL PROPERTY LOCATED NORTH OF RICHARD ROAD AND WEST OF THE F.E.C. RAILROAD RIGHT-OF-WAY TOTALING 4.64 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY COMMERCIAL HIGH/5 AND THE COUNTY HIGH RESIDENTIAL 8 LAND USE CLASSIFICATIONS TO THE VILLAGE LIGHT INDUSTRIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that in conjunction with the voluntary annexation, a small-scale comprehensive plan amendment is required to assign the Light Industrial future land use designation to these seven parcels of property. Jon Schmidt, agent for the applicants; confirmed that the property owners are satisfied with the proposed land use designation. Thereafter, the motion to adopt Ordinance 2010-19 on first reading passed unanimously. FIRST READING OF ORDINANCE 2010-20 - AMENDING ORDINANCE 2008-10 MODIFYING CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to adopt on first reading Ordinance 2010-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 2008-10, AS PREVIOUSLY AMENDED BY ORDINANCE NO. 2009-10, TO MODIFY THE CONDITIONS FOR ANNEXATION OF LIVE OAK PLAZA AND EXTEND THE DEADLINE RELATING TO SIGNAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight reported that Gary Brandenburg, P.A., representing the owner of property known as Live Oak Plaza, submitted a request for an additional one-year extension to comply with the master signage plan as provided for in Ordinance 2008-10. Mr. Knight detailed the previous extension granted by Council in July 2009, which required installation of landscaping along the Alternate AlA frontage by 4/8/10, and conformance with the approved master signage plan by 10/1/10. Mr. Knight reported that installation of the landscaping has been completed; however, the required signage has not been installed. Because the owner has had two years to bring the property into compliance, Mr. Knight did not recommend an extension. • Attorney Gary Brandenburg, representing the property owner, addressed the Council concerning the extension request. Mr. Brandenburg noted that several bays in Live Oak Plaza are empty and stated it is a tough time for businesses due to the poor economy. Mr. Brandenburg advised this would be an additional expense resulting in little aesthetic improvement, and requested aone- year extension related to signage. Minutes of Village Council Special Session held September 30, 2010 Page 6 of 6 FIRST READING OF ORDINANCE 2010-20 - AMENDING ORDINANCE 2008-10 MODIFYING CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA continued • Discussion took place concerning the estimated cost to install new signage and qualifications for grant funding. A concern was raised regarding off-site vehicle deliveries for the Mercedes Benz dealership. Mr. Brandenburg reported a site plan to redevelop the Richard Road property for exclusive use as a vehicle drop-offhas been submitted for consideration by the Planning Commission. Discussion ensued regarding the newly formed ad hoc Business Advisory Committee, which will discuss possible amendments to the Village's sign code. President Pro Tem Norris moved to amend the proposed ordinance to require that the monument sign be erected immediately, and to grant asix-month extension on the tenant wall signs. Councilman Hernacki seconded the motion, which passed 4 - 1, with President Pro Tem Norris, Councilman Hernacki, Mayor Manuel, and Councilman Gebbia in favor, and Vice Mayor Aubrey opposed. Thereafter, the motion to adopt Ordinance 2010-20 on first reading, as amended, passed 4 - 1, with President Pro Tem Norris, Councilman Hernacki, Mayor Manuel, and Councilman Gebbia in favor, and Vice Mayor Aubrey opposed. CONSENT AGENDA Councilman Gebbia moved to approve the consent agenda. The motion was seconded by Vice Mayor Aubrey and passed unanimously. The consent agenda included the following items: Receive for file Minutes of Police & Fire Pension Board meeting held 7/16/10 Receive for file Minutes of Planning Commission meeting held 8/3/10 Receive for file Minutes of Recreation Advisory Board meeting held 9/14/10 MAYOR AND COUNCIL MATTERS/REPORTS By consensus, the Council designated Vice Mayor Aubrey and Councilman Gebbia as the Council liaisons to the Ad Hoc Business Advisory Committee. Mayor Manuel announced the Election Forum on Monday, October 11, 2010 and asked Council to assist in publicizing this event. VILLAGE MANAGER MATTERS/REPORTS Mr. Knight reported on bids received for repairs to the pool pump room, as well as the current condition of the pump room and measures taken to ensure the security of this area. ADJOURNMENT With no further business to come before the Council, the meeting .adjourned at 9:03 p.m. • ~i6~'l Melissa Teal, CMC, Village Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris David B. Village Council of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U . S . H 7 hWa 1 WHICH I SERVE IS A UNIT OF: CITY COUNTY ~7 CITY ^ COUtJTY ^ OTHER LOCAL AGENCY 33408 Palm Beach NAME OF POLITICAL SUBDIVISION: 1 h h B e c DATE ON WHICH VOTE OCCURRED MY POSITION IS: ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David 6 . Norris ,hereby disclose that on '`~~~~ ~~~ , 20~: (a) A measure came or will come before my agency which (check one) ``~' inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of ~ ~~ ,~T®Og~ , by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~~~~ ~~~ ~~~ ~~~~ ~~~ ~~ I~ ~ a ~~~~~~~ l~~ ~~~~~ -~ ~s ~ c~l~~ J - ~l~~lr~ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2