10-14-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL- OF-NORTH PALM BEACH,. FLORIDA
OCTOBER 14, 2010
•
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
David B. Norris, 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 staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Vice Mayor Aubrey presented Joan Aubrey with a Certificate
of Appreciation and Mayor Manuel presented her with a framed photograph in recognition of her
service as Village Historian.
APPROVAL OF MINUTES
The minutes of the Attorney-Client Session and Special Session held 9/30/10 were approved as written.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-15 -SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-1.1
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and
enact on second 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 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 Regular Session held October 14, 2010 Page 2 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2010-15 -SMALL-SCALE
• COMPREHENSIVE PLAN AMENDMENT 10-1.1 continued
Mr. Knight explained that this Village-initiated small-scale comprehensive plan amendment
corrects a previous mapping error concerning the Denny's Restaurant parcel by revising the
future land use designation from High Density Residential to Commercial, consistent with the
current CB commercial zoning designation, as indicated in the supporting documentation
prepazed by Village Planning Consultant Jim Fleischmann. 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.
Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of
the date of publication of the Notice of Intent by the Department of Community Affairs should
sign the form on the table in the back of the room. There being no comments from the public,
Mayor Manuel closed the public hearing.
President Pro Tem Norris declared a voting conflict.
Discussion ensued on a comprehensive.review to ensure there aze no other errors regarding future
land use designations. Planning Consultant Jim Fleischmann, Land Reseazch Management, Inc.,
opined that it would be appropriate to conduct a review during the next Evaluation and Appraisal
Report in 2011.
Thereafter, the motion to adopt and enact Ordinance 2010-15 on second reading passed 4 - 0, with
Vice Mayor Aubrey, Councilman Gebbia, Mayor Manuel, and Councilman Hernacki voting aye.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-16 -SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-1.2
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt and enact on second 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 NORTHEAST CORNER OF PROSPERITY FARMS ROAD AND PELICAN WAY
WEST AND THE SOUTHWEST 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 explained that this Village-initiated amendment corrects an inconsistency between
the future land use designations of three pazcels and their current use and zoning designations.
• Mr. Knight stated the inconsistency was created when these parcels were sold by a religious
institution and redeveloped for single-family residential and accessory uses; therefore, 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.
Minutes of Village Council Regular Session held October 14, 2010 Page 3 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2010-16 -SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-1.2 continued
Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of
the date of publication of the Notice of Intent by the Department of Community Affairs should
sign the form on the table in the back of the room. There being no comments from the public,
Mayor Manuel closed the public hearing.
Discussion ensued on one of the parcels, which seems to be used for parking, as well as parking
requirements for Chabad House Lubavitch of Palm Beach at Pelican Way West and Prosperity
Farms Road. Mr. Fleischmann noted that although the northeast corner lot looks like a parking lot,
it is owned and used by the property owner immediately to its north.
Thereafter, the motion to adopt and enact Ordinance 2010-16 on second reading passed unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2010-17 -SMALL-SCALE
COMPREHENSIVE PLAN AMENDMENT 10-2.1
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt and enact on second 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 this amendment is necessary to assign the Light Industrial future land
use designation to property located at 9264 Old Dixie Highway, which was annexed by the
Village in February 2010. 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.
Mayor Manuel opened the public hearing and announced that anyone wishing to be notified of
the date of publication of the Notice of Intent by the Department of Community Affairs should
sign the form on the table in the back of the room. There being no comments from the public,
Mayor Manuel closed the public hearing.
• Thereafter, the motion to adopt and enact Ordinance 2010-17 on second reading passed unanimously.
Minutes of Village Council Regular Session held October 14, 2010 Page 4 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2010-20 -AMENDING ORDINANCE
2008-10 MODIFYING CONDITIONS FOR THE ANNEXATION OF LIVE OAK PLAZA
• A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt and enact on second 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, requested a second one-year extension to comply with the master signage plan
as provided for in Ordinance 2008-10. Mr. Knight recounted the previous extension granted by
Council in July 2009, and detailed Council action at first reading of Ordinance 2010-20, which
modified the proposed ordinance to reflect that individual tenant signs must be installed in
accordance with the master signage plan by 4/1/2011, and to require that the property owner
erect the monument sign immediately.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2010-20 on second reading, passed 4 - 1,
with President Pro Tem Norris, Councilman Hernacki, Mayor Manuel, and Councilman Gebbia
in favor, and Vice Mayor Aubrey opposed.
FIRST READING OF ORDINANCE 2010-21 -ESTABLISHING STANDARDS FOR
UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS
A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Norris to adopt
on first reading Ordinance 2010-21 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA RELATING TO THE MAINTENANCE OF VACANT LOTS;
AMENDING ARTICLE IV, "ABATEMENT OF PUBLIC NUISANCES ON PRIVATE
PROPERTY," OF CHAPTER 14, "HEALTH AND- SANITATION," OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 14-80, "USES OR ACTIVITIES
CONSTITUTING A PUBLIC NUISANCE," TO LIMIT THE GROWTH OF WEEDS, GRASS
AND SIMILAR GROUND COVER ON BOTH IMPROVED AND UNIMPROVED LOTS TO
TWELVE INCHES; AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 15,
"HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 15-
2, "AMENDMENTS," TO PROVIDE A CONSISTENT STANDARD FOR THE GROWTH OF
GRASS AND BRUSH AND TO PROVIDE REGULATIONS FOR THE MAINTENANCE OF
UNDEVELOPED PROPERTIES; AMENDING ARTICLE III, "DISTRICT REGULATIONS,"
OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OR ORDINANCES BY
• AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO ALLOW NON-OPAQUE
FENCES TO RESTRICT ACCESS TO WATERBODIES FROM VACANT LOTS AND TO
PROVIDE STANDARDS FOR FORMERLY DEVELOPED VACANT LOTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held October 14, 2010 Page 5 of 6
FIRST READING OF ORDINANCE 2010-21 - ESTABLISHING STANDARDS FOR
UNDEVELOPED AND FORMERLY DEVELOPED VACANT LOTS continued
• Mr. Knight detailed changes made to the proposed ordinance pursuant to Council discussion at
its 09/30/2010 Workshop Session.
Discussion ensued on principal uses and accessory uses. Mr. Rubin explained that because
docks and piers are an accessory use, a section was added to acknowledge that these accessory
uses may remain without a principal use, subject to certain conditions.
Discussion took place regarding battery or solar powered irrigation systems. Mr. Knight
reviewed the reasons for prohibiting electrical service on vacant lots.
By consensus, Council made additional modifications as follows: chain-link fence may be
galvanized or vinyl-coated; allow irrigation systems on unimproved lots; include seawalls as an
exception to the accessory structures that must be removed; allow water service to docks and piers.
Thereafter, the motion to adopt Ordinance 2010-21 on first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Norris moved to approve the consent agenda. The motion was seconded by
Councilman Hernacki and passed unanimously. The consent agenda included the following items:
Receive for file Minutes of Golf Advisory Board meeting held 9/13/10
Receive for file Minutes of Library Advisory Board meeting held 9/2810
RESOLUTION 2010-57 -LIGHTNING PREDICTION SYSTEM PURCHASE
A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to
adopt Resolution 2010-57 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE SOLE SOURCE PURCHASE OF A LIGHTNING
PREDICTION AND WARNING SYSTEM FROM THOR GUARD, INC. FOR THE NORTH
PALM BEACH COUNTRY CLUB POOL; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reported that the purchase price includes one year of preventative maintenance. It was
noted that this would be the third lightning prediction system, in addition to those at Osborne
Park and the Community Center. Parks and Recreation Director Mark Hodgkins explained how
the system works.
Thereafter, the motion to adopt Resolution 2010-57 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel congratulated the North Palm Beach Women's Golf Association team for
winning the Palm Beach County Pro - 3 Ladies Event.
• Mayor Manuel announced that the team from North Palm Beach won the Palm Beach County
League of Cities golf tournament.
Mayor Manuel thanked staff for their efforts to ensure a successful Election Forum.
Minutes of Village Council Regular Session held October 14, 2010 Page 6 of 6
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported on October golf rounds and golf membership renewals for FY 2010-2011.
•
Mr. Knight reported on September and October revenues for the Village Tavern Restaurant.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:22 p.m.
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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 6. Village Council of North Palm Beach
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORnY OR COMMITTEE ON
50 1. U . s . H 1 hWd 1 WHICH I SERVE IS A UNIT OF:
CITY COUNTY K7 CITY ^ COUNTY ^ OTHER LOCAL AGENCY
33408 Palm Beach NAME OF POLITICAL SUBDIVISION:
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 govemment 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 govemment 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 88 - 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 1
I, David B . Norris ,hereby disclose that on ,l ~~l ~ , 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 ~,,~ /1-~18"ff~ ~ i7~,~~y~~~ ~~ , by
whom I am retained; or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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I ~Jl~ /1 ~
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 86 - EFF. 1/2000 PAGE 2