10-22-2015 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 22, 2015
1 Present: Robert A. Gebbia, Mayor
1 David B. Norris, Vice Mayor
J 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
Councilmember Aubrey gave the invocation and Councilmember Mullinix led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held October 8, 2015 were approved as written.
STATEMENTS FROM THE PUBLIC. PETITIONS AND COMMUNICATIONS
Paul.Lyons, 10260 Allamanda Circle, Palm Beach Gardens, and Lisa Lepoff, 10262 Allamanda Circle,
Palm Beach Gardens, provided documents and photos to the Council regarding the drainage canal
between Firetree Road in North Palm Beach and their respective properties in Palm Beach Gardens.
FIRST READING OF ORDINANCE 2015 -19 — CODE AMENDMENT — FLOATING STRUCTURES
A motion was made by Councilmember Mullinix and seconded by President Pro Tern Bush to
adopt on first reading Ordinance 2015 -19 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE 1, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS AND
WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES TO PROHIBIT FLOATING
STRUCTURES AND PROVIDE FOR A DEFINITION; AMENDING SECTION 5 -1,
"DEFINITIONS;" ADOPTING A NEW SECTION 5 -18, "PROHIBITION OF FLOATING
STRUCTURES;" AMENDING SECTIONS 5 -19 THROUGH 5 -24 TO PROVIDE FOR THE
IMPOUNDMENT, SALE AND RECLAMATION OF UNLAWFUL FLOATING STRUCTURES;
AMENDING SECTION 5 -25, "OCCUPANCY OF LIVE ABOARD BOATS OR VESSELS
IN VILLAGE WATERWAYS;" PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Kelly reported on the county ordinance prohibiting the anchoring or mooring of floating
structures unless anchored or moored at a marina, dock, or on privately owned property, and
stated the proposed ordinance incorporates the county provisions into the Village Code.
Discussion ensued regarding the difference between a boat and a floating structure.
Thereafter, the motion to adopt Ordinance 2015 -19 on first reading passed unanimously.
Minutes of Village Council Regular Session held October 22, 2015 Page 2 of 4
FIRST READING OF ORDINANCE 2015 -20 — CODE AMENDMENT — RETAIL SALES OF
ALCOHOLIC BEVERAGES
A motion was made by Councilmember Aubrey and seconded by President Pro Tem. Bush to
adopt on first reading Ordinance 2015 -20 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C
(CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45 -36,
"GENERAL PROVISIONS," TO REVISE THE REGULATIONS GOVERNING THE LOCATION
OF BUSINESSES ENGAGED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES;
CLARIFYING THE MEASUREMENT STANDARDS; PROVIDING AN ADDITIONAL
EXCEPTION TO THE DISTANCE REQUIREMENT FROM OTHER RETAIL SELLERS;
REMOVING THE PROHIBITION AGAINST CHURCHES, SCHOOLS, HOSPITALS, PARKS
AND PLAYGROUNDS LOCATING WITHIN A SPECIFIED DISTANCE FROM RETAIL
SELLERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Council's discussion at its October 8, 2015 Workshop Session, Mr. Kelly noted the
addition of language in Section 45 -36N.6 to specifically authorize the location of churches,
schools, hospitals, parks, and playgrounds within 1,000 feet of existing licensed businesses.
A concern was raised regarding potential conflicts between Sections 45- 36.N(1) and 45- 36.N(6)
of the proposed ordinance. Mr. Rubin will revise the language prior to second reading.
Thereafter, the motion to adopt Ordinance 2015 -20 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Vice Mayor Norris 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 Planning Commission meeting held 9/8/15
Receive for file Minutes of the Recreation Advisory Board meeting held 10/13/15
RESOLUTION 2015 -72 — FLORIDA GREEN ENERGY WORKS PROGRAM
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt
Resolution 2015 -72 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CREATING THE "FLORIDA GREEN ENERGY WORKS PROGRAM" WITHIN
THE VILLAGE TO AFFORD INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY
TO FINANCE ENERGY EFFICIENCY, RENEWABLE ENERGY AND WIND RESISTANCE
IMPROVEMENTS ON THEIR PROPERTIES BY REPAYMENT THROUGH NON AD VALOREM
ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA
GREEN FINANCE AUTHORITY FOR THE ADMINISTRATION OF THE FLORIDA GREEN
ENERGY WORKS PROGRAM IN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly described the program and the requirements for Village participation. Mr. Kelly
confirmed that any building modifications would be subject to code and permitting regulations.
Thereafter, the motion to adopt Resolution 2015 -72 passed unanimously.
Minutes of Village Council Regular Session held October 22, 2015 Page 3 of 4
RESOLUTION 2015 -73— PLANNING SERVICES CONTRACT AMENDMENT
1 A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to
adopt Resolution 2015 -73 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT FOR PLANNING SERVICES
WITH CALVIN GIORDANO AND ASSOCIATES, INC. AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly stated the initial contract with Calvin, Giordano and Associates to provide planning
services for the creation of a unified land development code was for a term of one year. Because
the Village subsequently engaged Treasure Coast Regional Planning Council (TCRPC) to
develop a master plan and community based vision for the Village, Mr. Kelly recommended
extending the contract with Calvin, Giordano through Fiscal Year 2016 in order to allow for a
coordinated planning effort between Calvin, Giordano and TCRPC.
Thereafter, the motion to adopt Resolution 2015 -73 passed unanimously.
RESOLUTION 2015 -74— EMERGENCY SERVICES AGREEMENT
A motion was made by President Pro Tem Bush and seconded by Vice Mayor Norris to adopt
Resolution 2015 -74 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN EMERGENCY SERVICES AGREEMENT FOR MUTUAL
ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES WITH PALM BEACH
COUNTY AND THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly reported the current agreement expires October 31, 2015 and recommended approval
of a new ten -year agreement. Mr. Rubin advised the Village could withdraw from the Agreement
with 90 days prior notice.
Thereafter, the motion to adopt Resolution 2015 -74 passed unanimously.
RESOLUTION 2015 -75— GPS FLEET MANAGEMENT SERVICES CONTRACT
A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt
Resolution 2015 -75 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO SYNOVIA SOLUTIONS, LLC FOR
GPS FLEET MANAGEMENT SERVICES PURSUANT TO PRICING ESTABLISHED BY
AN EXISTING CONTRACT WITH THE ST. LUCIE COUNTY SCHOOL DISTRICT;
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Public Works Director Brian Moree stated the Village would own the equipment at the end of
five years, but would continue to incur charges for web, cellular, and GPS satellite access.
Thereafter, the motion to adopt Resolution 2015 -75 passed unanimously.
Minutes of Village Council Regular Session held October 22, 2015 Page 4 of 4
RESOLUTION 2015 -76— DRIVING RANGE BALL DISPENSERS
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
Resolution 2015 -76 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF TWO DRIVING RANGE
BALL DISPENSERS FROM EASY PICKER GOLF PRODUCTS, INC.; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Kelly detailed the quotes received and recommended the Easy Picker Golf Products system.
Thereafter, the motion to adopt Resolution 2015 -76 passed unanimously.
RESOLUTION 2015 -77— ATHLETIC FIELDS RESURFACING CONTRACT AMENDMENT
A motion was made by President Pro Tern Bush and seconded by Councilmember Aubrey to
adopt Resolution 2015 -77 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH ODUMS SOD, INC.
FOR THE RESURFACING OF THE ATHLETIC FIELDS AT OSBORNE PARK AND THE
COMMUNITY CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; AUTHORIZING AND
DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS
FUND BUDGET FOR FISCAL YEAR 2016 TO TRANSFER $10,200.00 FROM THE CAPITAL
RESERVE ACCOUNT TO THE PARKS AND RECREATION — CONSTRUCTION AND MAJOR
RENOVATION CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly discussed the initial contract and scope of work, and reported the need to increase the
cultivation depth had resulted in an additional 500 -600 cubic yards of spoil material. Mr. Kelly
recommended amending the contract to include removal and disposal of the spoil material at a
cost not to exceed $10,200.00. Public Works Director Brian Moree detailed the disposal options,
and reported that verbal quotes received for the work exceeded the price quoted by Odums Sod.
It was requested that memos for agenda items specify when a waiver of the purchasing
regulations is required, along with justification for the waiver.
Thereafter, the motion to adopt Resolution 2015 -77 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
President Pro Tem Bush requested that the distance requirements for retail sales of alcoholic
beverages be further considered during the planning process for the unified land development code.
Councilmember Mullinix requested staff address the condition of the grass at the Country Club.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly announced upcoming Village events.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:57 p.m.
Melissa Teal, CMC, Village Clerk