06-11-2015 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 11, 2015
Present: 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
ROLL CALL
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
Vice Mayor Norris gave the invocation and Councilmember Mullinix led the public in the Pledge.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Gebbia presented Certificates of Appreciation to these
outgoing Board members in recognition of their service to the Village of North Palm Beach:
Alfred Cilcius, Planning Commission;
Ken Wright, Waterways Board; and
Curtis Witters, Zoning Board of Adjustment.
On behalf of the Village Council, Mayor Gebbia presented a thank you gift to Judy M. Pierman
and read a letter of appreciation for her service as interim Councilmember from February 26, 2015
to May 14, 2015.
APPROVAL OF MINUTES
The Minutes of the Regular Session held May 28, 2015 were approved as written.
STATEMENTS FROM THE PUBLIC
For the benefit of members of the public, Mayor Gebbia explained that the application for an
assisted living facility on Prosperity Farms Road was not on the agenda and would not be
discussed or voted on by the Village Council at this meeting. Mr. Kelly advised that the item
would not come before the Council for discussion until the July 23, 2015 Workshop Session.
Minutes of Village Council Regular Session held June 11, 2015 Page 2 of 5
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -10 — CODE AMENDMENT—
LAND DEVELOPMENT REGULATIONS FOR ASSISTED LIVING FACILITIES
A motion was made by President Pro Tem Bush and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2015 -10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE
OF ORDINANCES TO ADOPT REGULATIONS APPLICABLE TO ASSISTED LIVING
FACILITIES; AMENDING SECTION 45 -2, "DEFINITIONS," OF ARTICLE I, "IN GENERAL,"
TO ADD A DEFINITION FOR ASSISTED LIVING FACILITY; AMENDING SECTION 45 -32,
"C -lA LIMITED COMMERCIAL DISTRICT," OF ARTICLE III, "DISTRICT REGULATIONS,"
TO ADD ASSISTED LIVING FACILITIES AS A PERMITTED USE AND PROVIDE
DEVELOPMENT REGULATIONS FOR SUCH FACILITIES; AMENDING SECTION 45 -35.1,
"PLANNED UNIT DEVELOPMENT," OF ARTICLE III, "DISTRICT REGULATIONS," TO
ALLOW APPLICANTS FOR ASSISTED LIVING FACILITIES TO REQUEST A WAIVER OF
OFF - STREET PARKING AND MINIMUM DWELLING UNIT SIZE REQUIREMENTS WHERE
JUSTIFIED; 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 -10 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2015 -11— LAND DEVELOPMENT REGULATIONS
FOR I -1 LIGHT INDUSTRIAL ZONING DISTRICT
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bush to adopt on
first 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.
Mr. Kelly detailed changes made to the ordinance pursuant to Council discussion at its May 28, 2015
Workshop Session, including revising the definition of "Kennel (Commercial)" and "Food Truck"
and the applicable use regulations; and specifying that restrictions on delivery hours and operation of
delivery truck engines apply to all establishments within the I -1 Zoning District that are adjacent to
residential land uses.
Thereafter, the motion to adopt Ordinance 2015 -11 on first reading passed unanimously.
Minutes of Village Council Regular Session held June 11, 2015 Page 3 of 5
FIRST READING OF ORDINANCE 2015 -12— CODE AMENDMENT — POLICE DEPARTMENT
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt on
first 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.
Mr. Kelly explained the proposed ordinance would amend the Code of Ordinances to reference the
Police Department instead of the Department of Law Enforcement, allow flexibility in the
composition of the departmental divisions, and recognize the elimination of the communications
component of the department.
Thereafter, the motion to adopt Ordinance 2015 -12 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Vice Mayor Norris moved to approve the consent agenda. President Pro Tern Bush seconded the
motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Planning Commission meeting held 515115
Receive for file Minutes of the Waterways Board meeting held 5/20/15
Receive for file Minutes of the Library Advisory Board meeting held 5/26/15
RESOLUTION 2015 -43 — VILLAGE HALL HVAC CONTROL SYSTEM
A motion was made by Councilmember Aubrey and seconded by Councilmember Mullinix to
adopt Resolution 2015 -43 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO WISCH AND JACKSON CO. OF
FLORIDA, INC. FOR INSTALLATION OF AN AUTOMATED CONTROL SYSTEM FOR
THE VILLAGE HALL HVAC SYSTEM PURSUANT TO PRICING ESTABLISHED BY AN
EXISTING CONTRACT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY;
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR
SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly discussed the need to replace the HVAC control system at Village Hall. Mr. Kelly
recommended Council approve a contract with Wisch & Jackson Co. of Florida, Inc. at a cost not
to exceed $45,511.95.
Thereafter, the motion to adopt Resolution 2015 -43 passed unanimously.
Minutes of Village Council Regular Session held June 11, 2015 Page 4 of 5
RESOLUTION 2015 -44 — AGREEMENT FOR POOL OPERATIONS MANAGEMENT
A motion was made by Councilmember Aubrey and seconded by Councilmember Mullinix to
adopt Resolution 2015 -44 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT WITH
RICHARD E. CAVANAH, INC. FOR MANAGEMENT OF COUNTRY CLUB POOL
OPERATIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly proposed a three -month agreement that would terminate on August 31, 2015, during
which period, Mr. Cavanah would oversee the Country Club pool and train Village employees in
the management of pool operations and oversight of facilities maintenance. It was noted that
Mr. Cavanah would continue to run the swim teams.
By consensus, Council directed staff to arrange an event in recognition of Mr. Cavanah's years
of service and many contributions to the Village of North Palm Beach.
Thereafter, the motion to adopt Resolution 2015 -44 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Councilmember Aubrey requested the Village Manager investigate whether the gas stations in
North Palm Beach have backup generators in case of emergency.
Councilmember Aubrey reported that the state ethics training requirement could be met by
viewing an online video and recommended it to those councilmembers who may be unable to
attend a training class in person. Mrs. Teal will email councilmembers a link to the training video.
President Pro Tern Bush attended the recent Planning Commission meeting and asked that some
members of the Planning Commission attend the Council's Workshop Session to express their
perspective on the application for an assisted living facility on Prosperity Farms Road.
Councilmember Mullinix reported on the Recreation Advisory Board meeting and distributed
photos of the field conditions and fences at the Community Center.
Councilmember Mullinix stated that because North Palm Beach is unable to provide multi -use
fields for football, soccer, and lacrosse, he spoke with Palm Beach Gardens City Commissioner
Marcie Tinsley, County Commissioner Hal Valeche, former commissioner Karen Marcus, and
various coaches regarding a North County District Park, which has been proposed for an 80 acre
site next to Watson B. Duncan Middle School. Councilmember Mullinix detailed the advantages
of the proposed park, requested that the Village Council support it, and offered to be the liaison
to work with Commissioner Tinsley and others to make the North County District Park a reality.
Mr. Kelly advised that staff would follow up with the county regarding the timeline for the park
and what would be expected from the Village in the way of support for the project. It was noted
that there is no current funding for the project. Should plans for the park move forward, the
Council agreed to consider some type of formal support for the project at that time.
Minutes of Village Council Regular Session held June 11, 2015 Page 5 of 5
VILLAGE COUNCIL MATTERS /REPORTS continued
1 Mayor Gebbia reported that Rybovich had turned over a portion of Little Munyon Island to the
state to be added to John D. MacArthur State Park, and now is offering to give the entire parcel,
including submerged land, to the state park in consideration of obtaining rights to the underwater
area just north of their current West Palm Beach yacht facility. Mayor Gebbia advised that he
received a request for the Village to write a letter of support for Rybovich. Discussion ensued
regarding potential mitigation projects that could be required, if Rybovich is successful in obtaining
the underwater rights it seeks from the state. Mayor Gebbia will obtain further information and
report back to the Council on this matter.
Mayor Gebbia reported that a citizen who owns the property rights for a parcel of land along the
edge of Singer Island wishes to place houseboats in the area adjoining the shallows behind Little
Munyon Island. Mayor Gebbia noted this is in the vicinity of one of the largest areas of sea grass
in Lake Worth Lagoon.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly announced receipt of a letter from Jupiter Police Chief Kitzerow thanking North Palm
Beach Police Officer Chang for assisting them as a translator during a recent homicide case.
Mr. Kelly recognized the response of Fire Rescue B Shift to a resident in cardiac arrest, which
resulted in a positive outcome for the resident. Mr. Kelly stated the team included Lt. Juliet Adams,
Fire Medic Steve Brandt, Fire Medic Daniel Busch, Fire Medic Kevin Maloney, Fire Medic
Jacob Stone, and Volunteer Firefighter Anthony Ursillo.
Mr. Kelly commented on the condition of the grass at the Community Center, detailed the
available choices and costs of improvements, and described plans for alleviating the problem.
Regarding replacing the fencing at the Community Center, Mr. Kelly discussed the cost for
various options and requested Council direction. After discussion, Mr. Kelly stated a Request
for Proposals would be issued for both types of fencing.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:29 p.m.
Melissa Teal, CMC, Village Clerk