01-14-2016 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 14, 2016
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
Councilmember Mullinix gave the invocation and Mayor Gebbia led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held December 10, 2015 were approved as written.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -17 — SMALL -SCALE
COMPREHENSIVE PLAN AMENDMENT — WATER CLUB PHASE II- TABLED 9/24/15
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to take from
the table Ordinance 2015 -17 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE'S
COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A
1.26 ACRE PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE
APPROXIMATELY 1.1 MILES SOUTH OF PGA BOULEVARD, DESIGNATED AS
WATER CLUB PHASE II AND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM
COMMERCIAL TO HIGH DENSITY RESIDENTIAL; AMENDING THE VILLAGE'S
FUTURE LAND USE ATLAS MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly advised that Domani Development applied for a small -scale amendment to the Village
Comprehensive Plan for property adjacent to the southern boundary of the Water Club project
currently under construction. Mr. Kelly noted that the ordinance was approved on first reading
September 10, 2015.
Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -17 on second reading passed unanimously.
Minutes of Village Council Regular Session held January 14, 2016 Page 2 of 4
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2016 -02 — WATER CLUB
PHASE H REZONING
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
and enact on second reading Ordinance 2016 -02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, REZONING A 1.26 ACRE PARCEL OF PROPERTY LOCATED ON THE EAST
SIDE OF U.S. HIGHWAY ONE APPROXIMATELY 1.1 MILES SOUTH OF PGA BOULEVARD,
DESIGNATED AS WATER CLUB PHASE II AND AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM THE C -1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT TO
THE R -3 (APARTMENT DWELLING) ZONING DISTRICT; AMENDING THE OFFICIAL
ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing.
Pat Friedman, 1208 Marine Way, wanted to make it part of the record that the Executive Board at
Old Port Cove had no issues with rezoning of the property.
Mayor Gebbia closed the public hearing.
Robert Vail, on behalf of Domani Development, addressed Council questions regarding Phase I
and Phase II of the project.
Thereafter, the motion to adopt and enact Ordinance 2016 -02 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2016 -03 — WATER CLUB PUD
A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to
adopt and enact on second reading Ordinance 2016 -03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE WATER CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT
TO INCLUDE AN ADDITIONAL RESIDENTIAL TOWER AND RELATED IMPROVEMENTS
AS PHASE II; REPEALING ORDINANCE NO. 2013 -01 AND SIMULTANEOUSLY
APPROVING AN AMENDED AND RESTATED WATER CLUB RESIDENTIAL PLANNED
UNIT DEVELOPMENT ON APPROXIMATELY 8.26 ACRES OF REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY ONE AND APPROXIMATELY ONE MILE
SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH
THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS REFERENCED IN THIS
ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2016 -03 on second reading passed unanimously.
Minutes of Village Council Regular Session held January 14, 2016 Page 3 of 4
FIRST READING OF ORDINANCE 2016 -04 — NPB SURGERY CENTER CPUD
\� A motion was made by President Pro Tern Bush and seconded by Vice Mayor Norris to adopt on
first reading Ordinance 2016 -04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 1.20 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE
OF U.S. HIGHWAY ONE APPROXIMATELY 450 FEET SOUTH OF THE INTERSECTION
OF U.S. HIGHWAY ONE AND COUNTRY CLUB DRIVE, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN
ACCORDANCE WITH THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS
REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR FUTURE
MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly discussed the application for approval of a Commercial Planned Unit Development
and site plan to allow construction of a 15,561 square foot, two -story ambulatory surgery center.
Mr. Kelly reviewed the requested waivers regarding building height and off - street parking.
Thereafter, the motion to adopt Ordinance 2016 -04 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Councilmember Aubrey moved to approve the consent agenda. President Pro Tern Bush
seconded the motion and all present voted aye. The following items were approved:
Resolution 2016 -01 approving a purchase order to Direct Parts Inc. in a total amount not to
exceed $12,500 for Cushman automotive parts utilized by the Public Works Department
Receive for file Minutes of the Audit Committee meeting held 10/28/15
Receive for file Minutes of the Golf Advisory Board meeting held 11/16/15
Receive for file Minutes of the Planning Commission meeting held 12/1/15
RESOLUTION 2016 -02 — REASONABLE ACCOMODATION PROCEDURE — TABLED
A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to
adopt Resolution 2016 -02 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ESTABLISHING A PROCEDURE FOR REASONABLE ACCOMMODATION
REQUESTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA) require
a procedure to request a reasonable accommodation from zoning and land development regulations.
Discussion ensued on the context for accommodation requests, and final authority for approval
or denial. By consensus, Council directed that the process be revised by having staff present its
\ recommendation on the request to Council, with final determination to be made by the Council.
A motion was made by President Pro Tern Bush to table this item to the next Regular Session on
January 28, 2016. The motion was seconded by Vice Mayor Norris and passed unanimously.
Minutes of Village Council Regular Session held January 14, 2016 Page 4 of 4
VILLAGE COUNCIL MATTERS /REPORTS
A motion was made by President Pro Tern Bush, seconded by Councilmember Mullinix, and
passed unanimously to approve the Village Clerk's merit increase as proposed.
President Pro Tem Bush reported on a question .raised at the recent Recreation Advisory Board
meeting regarding coconut palms that have been planted in the sea oats dunes at Lakeside Park.
Mr. Kelly will check into the matter.
Councilmember Mullinix noted recent communications regarding the timing of recycling collection
and asked for an update. Public Works Director Brian Moree addressed Council questions
regarding this issue. It was suggested that information be communicated to residents via the website.
Councilmember Mullinix reported on his discussions with the county traffic administrator
regarding the traffic lights on Northlake Boulevard. Council consensus was to have Mr. Kelly
send a letter to Palm Beach County expressing concern about the traffic patterns. Brief
discussion ensued on the proposed Congress Avenue extension.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly noted the week -long Charrette will kick -off on Saturday, January 30, 2016 in the
cafeteria of the Conservatory School @ North Palm Beach.
Mr. Kelly announced the annual Library Book Sale from January 27 -31, 2016, and the Car Show
and Chili Cook -off on Sunday, January 31, 2016.
Mr. Kelly gave an update on the Country Club survey, which ends January 15, 2016.
Chief of Police Richard Jenkins presented the Police Department Annual Report.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:40 p.m.
Melissa Teal, MMC, Village Clerk