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11-09-2017 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 9, 2017 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, Councilmember Marls Mullinix President Pro Tem Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Aubrey 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 The invocation was given by Councilmember Bickel and Mayor Aubrey led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held October 26, 2017 were approved as written. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-19 — BUDGET AMENDMENT FOR ANCHORAGE PARK FLOATING DOCKS PROJECT A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt and enact on second reading Ordinance 2017-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2017-2018 TO PROVIDE FUNDS FOR THE ANCHORAGE PARK FLOATING DOCKS PROJECT; TRANSFERRING $252,000 IN DEVELOPER FEES FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND; AMENDING THE CAPITAL PROJECTS FUND TO TRANSFER THE DEVELOPER FEE FUNDS AND AN ADDITIONAL $45,500 FROM THE POOL — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO THE RECREATION — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik advised the budget amendment would provide funding for the floating docks component of the Anchorage Park project. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-19 on second reading passed unanimously. Minutes of Village Council Regular Session held November 9, 2017 Page 2 of 8 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-20 — BUDGET AMENDMENT FOR TEMPORARY SITE SET UP A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2017-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2016-2017 TO PROVIDE ADDITIONAL FUNDING FOR THE TEMPORARY SITE SET UP AT THE NORTH PALM BEACH COUNTRY CLUB; TRANSFERRING $53,082 FROM THE CAPITAL PROJECTS FUND COUNTRY CLUB PROJECT — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO THE GENERAL FUND RESERVE EXPENSE — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT, TRANSFERRING AN ADDITIONAL $33,817 FROM THE RESERVE EXPENSE — PROFESSIONAL SERVICES ACCOUNT TO THE RESERVE EXPENSE — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the budget transfers. Mr. Lukasik reported on the status of the temporary facilities at the Country Club, and noted the temporary buildings are on-site and an access point to alleviate traffic flow through the project area is under construction. Mr. Lukasik described a gradual transition to temporary facilities, with the grill room, bar, and golf shop remaining open in the current clubhouse building as long as possible. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-20 on second reading passed unanimously. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2017-21 — ZONING CODE AMENDMENT — MEDICAL MARIJUANA TREATMENT CENTERS A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2017-21 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; AMENDING ARTICLE 11, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS," TO ADD A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-38, "I-1 LIGHT INDUSTRIAL DISTRICT," TO PROVIDE A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER AND TO ALLOW MEDICAL MARIJUANA TREATMENT CENTERS AS A PERMITTED USE SUBJECT TO ADDITIONAL RESTRICTIONS; ADOPTING A NEW SECTION 45-39, "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES," TO PROHIBIT SUCH FACILITIES WITHIN THE VILLAGE'S CORPORATE LIMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held November 9, 2017 Page 3 of 8 HEARING AND FIRST READING OF ORDINANCE 2017-21 — ZONING CODE AMENDMENT — MEDICAL MARIJUANA TREATMENT CENTERS continued Regarding state legislation related to the medical use of marijuana, Mr. Rubin stated that counties and municipalities may opt out of allowing dispensing facilities, but may not opt out of the other components of medical marijuana treatment centers; therefore, the ordinance prohibits dispensing facilities within the Village's corporate limits, but allows medical marijuana treatment centers as a permitted use within the Village's 1-1 Light Industrial District, subject to certain restrictions. Mr. Rubin reported the Planning Commission voted 4 —1 to recommend approval of the ordinance. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt Ordinance 2017-21 on first reading passed unanimously. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2017-22 — ZONING CODE AMENDMENT — GROUP LIVING FACILITIES A motion was made by Councilmember Bickel and seconded by President Pro Tem Mullinix to adopt on first reading Ordinance 2017-22 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; AMENDING ARTICLE II, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS," TO ADD DEFINITIONS FOR THE TERM COMMUNITY RESIDENCE AND PERSONAL CARE AND AMEND THE DEFINITIONS FOR THE TERM FAMILY AND COMMUNITY RESIDENTIAL HOME; ADOPTING A NEW SECTION 45-24, "GROUP LIVING FACILITIES," TO REQUIRE A BUSINESS TAX RECEIPT AND ANNUAL FIRE INSPECTION AND ADOPTING A NEW SECTION 45-25, "REASONABLE ACCOMMODATION PROCEDURE," TO CODIFY AND MODIFY THE PROCEDURE PREVIOUSLY ADOPTED BY RESOLUTION; AMENDING ARTICLE 111, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," AND SECTION 45-28, "R-2 MULTIPLE -FAMILY DWELLING DISTRICT," TO LIMIT PAVED SURFACES IN FRONT YARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin reported the proposed ordinance would regulate group living facilities, including community residences, recovery residences, and sober homes. Mr. Rubin reviewed the provisions of the ordinance. Village Planner Erin Sita presented a study regarding the proposed limitation on maximum paved surfaces. Mayor Aubrey opened the public hearing. John Samadi, 512 Marlin Road, stated the lots in the study area (Lighthouse Drive) are mostly 90 feet wide, while many other lots are 75 feet wide. Mr. Samadi distributed a diagram of a home and driveway on a 75 foot wide lot and noted it would become non -conforming if the proposed lot coverage regulations were enacted. There being no further comments from the public, Mayor Aubrey closed the public hearing. Minutes of Village Council Regular Session held November 9, 2017 Page 4 of 8 PUBLIC HEARING AND FIRST READING OF ORDINANCE 2017-22 — ZONING CODE AMENDMENT — GROUP LIVING FACILITIES continued Discussion ensued regarding these items: limiting the percentage of paved surfaces within front yards; the definition of community residence; the definition of dwelling unit; and procedures for reasonable accommodation. Mr. Rubin addressed questions regarding the reasonable accommodation process. Discussion tools place concerning the maximum number of residents in a community residence, as well as limiting the number of vehicles that may be parked at a residence. It was suggested that the issue of paved surfaces in front yards be addressed in a separate ordinance. A motion was made by Councilmember Norris, seconded by President Pro Tem Mullinix, and passed unanimously to amend Ordinance 2017-22 by deleting Section 3. Thereafter, the motion to adopt Ordinance 2017-22 as amended, on first reading passed unanimously. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2017-23 — ZONING CODE AMENDMENT — WALLS AND FENCES IN PUBLIC DISTRICT A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2017-23 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 EXEMPT PROPERTIES WITHIN THE PUBLIC -ZONING DISTRICT FROM RESTRICTIONS PERTAINING TO WALLS AND FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik noted certain Village facilities have unique security requirements in order to protect public and private assets and advised the ordinance would give properties in the Public Zoning District flexibility in the height of walls and fences. Mr. Rubin confirmed The Conservatory School is the only non -Village owned property within the Public District. Mr. Rubin reported the Planning Commission voted 3 — 2 to recommend approval of the ordinance. Mayor Aubrey opened the public hearing. John Samadi, 512 Marlin Road, felt there was no justification for a blanket exemption and suggested using the variance process instead. With no further comments from the public, Mayor Aubrey closed the public hearing. Discussion ensued on subsection D-3 of the ordinance. It was suggested the exemption be limited to height only. Mr. Rubin reviewed the variance process. Mr. Rubin proposed adding language requiring the Council to determine that it was necessary for the public health, safety, and welfare to exceed the height limit. By consensus, the Council directed Mr. Rubin to revise the ordinance prior to second reading. Thereafter, the motion to adopt Ordinance 2017-23 on first reading passed unanimously. Minntes of Village Council Regular Session held November 9, 2017 Page 5 of 8 FIRST READING OF ORDINANCE 2017-24 — CODE AMENDMENT — FIRE PREVENTION CODE AND PROPERTY MAINTENANCE AND HOUSING STANDARDS A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2017-24 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," OF CHAPTER 12, "FIRE PREVENTION AND PROTECTION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 12-16, "ADOPTED BY REFERENCE," TO PROVIDE FOR ENFORCEMENT OF THE FLORIDA FIRE PREVENTION CODE BY THE FIRE RESCUE DEPARTMENT; AMENDING CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE I, "IN GENERAL," AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE I, "PROPERTY MAINTENANCE STANDARDS," AND A NEW ARTICLE III, "MINIMUM HOUSING STANDARDS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin advised that in order to ensure the Fire Prevention Code is met to the Village's satisfaction and standards, it is necessary to require that fire inspections be conducted by the Village Fire Rescue Department, rather than allowing the hiring of private inspectors. Regarding the Standard Housing Code, Mr. Rubin noted the property maintenance and housing standards detailed in the ordinance are not new. Mr. Rubin explained the proposed changes eliminate the reference to an outdated version of the Standard Housing Code and codify the current ICC (International Code Council) standards along with revised versions of provisions that are unique to the Village. Thereafter, the motion to adopt Ordinance 2017-24 on first reading passed unanimously. FIRST READING OF ORDINANCE 2017-25 — RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT AND BUDGET AMENDMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt on first reading Ordinance 2017-25 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF GRANT FUNDS FROM THE RECREATIONAL TRAILS GRANT PROGRAM FOR THE COMMUNITY CENTER; AMENDING THE CURRENT ADOPTED GENERAL FUND BUDGET TO APPROPRIATE $50,000.00 FROM THE UNASSIGNED FUND BALANCE TO PROVIDE MATCHING FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported the grant funds would be used for paving the fitness trail around the Community Center. Thereafter, the motion to adopt Ordinance 2017-25 on first reading passed unanimously. Minutes of Village Council Regular Session held November 9, 2017 Page 6 of 8 CONSENT AGENDA APPROVED Vice Mayor Gebbia moved to approve the consent agenda. Councilmember Norris seconded the motion, which passed unanimously. The following items were approved: Resolution 2017-101 directing the Village Clerk to publish notice of the General Election on March 13, 2018; naming the time and place where the election shall be held; declaring the offices to be filled; requesting that the Palm Beach County Supervisor of Elections conduct the election; delegating certain duties to the Supervisor; and providing for the composition of the Municipal Canvassing Board. Resolution 2017-102 approving the Agreement for Vote Processing Equipment Use and Election Services by and between the Palm Beach County Supervisor of Elections and the Village of North Palm Beach. Resolution 2017-103 confirming the Village's participation in the Palm Beach County Property Assessed Clean Energy (PACE) Program. Receive for file Minutes of the General Employees Pension Board meeting held 8/2/17. Receive for file Minutes of the Library Advisory Board meeting held 9/26/17. Receive for file Minutes of the Golf Advisory Board meeting held 10/16/17. Receive for file Minutes of the Library Advisory Board meeting held 10/24/17. RESOLUTION 2017-104 — BERMUDA TURF MAINTENANCE CONTRACT A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt Resolution 2017-104 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY STO LANDSCAPE SERVICES, INC. FOR ATHLETIC FIELD TURF MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the proposals received for maintenance of the Village's athletic fields, and recommended awarding the contract to STO Landscape Services based on experience and references. Discussion tools place concerning field conditions and future maintenance costs. Thereafter, the motion to adopt Resolution 2017-104 passed unanimously. LUTION 2017-105 — BLANKET PURCHASE ORDER FOR POOL CHEMICALS A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2017-105 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER WITH COMMERCIAL ENERGY SPECIALISTS INC. IN AN AMOUNT NOT TO EXCEED $25,000.00 FOR POOL CHEMICALS UTILIZED BY THE PARKS AND RECREATION DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2017-105 passed unanimously. Minutes of Village Council Regular Session held November 9, 2017 Page 7 of 8 RESOLUTION 2017-106 — ANCHORAGE PARK FIND GRANT AGREEMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-106 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROJECT AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT FOR A WATERWAYS ASSISTANCE PROJECT GRANT FOR ANCHORAGE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; APPROVING A BUDGET AMENDMENT TO MODIFY THE ACCOUNT FOR THE PROJECT'S FUNDING COMPONENT; PROVIDING FOR CONFLICTS;. AND PROVIDING FOR AN EFFECTIVE DATE. Discussion ensued on the components of the project and item 17, "Site Dedication," of the Project Agreement. It was noted that the scope of the project does not include the boat ramp. Thereafter, the motion to adopt Resolution 2017-106 passed unanimously. RESOLUTION 2017-107 — PURCHASING POLICY REVISION A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-107 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REVISING THE VILLAGE'S PURCHASING POLICY AS SET FORTH IN THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL CONTROLS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the major changes to the Purchasing Policy, which include deleting the requirement that current competitive purchase ("piggyback") contracts be no older than 18 months from the date of the requested purchase and adding provisions for Construction Manager at Risk contracts. Discussion ensued on how pricing is verified for current competitive purchase contracts. The Council was in favor of keeping the 18 months rule. It was noted that Council could waive this requirement if necessary, in order to obtain the lowest cost. Regarding item d. in the Construction Manager At Risk policy, the Council determined that the top three ranked firms would be presented for its review and approval. Vice Mayor Gebbia moved to amend the policy to leave in the 18 months rule, and to require presentations by the top three firms for Construction Manager At Risk. Councilmember Bickel seconded the motion, which passed unanimously. Thereafter, the motion to adopt Resolution 2017-107, as amended, passed unanimously. [remainder of page left blank intentionally] Minutes of Village Council Regular Session held November 9, 2017 Page 8 of 8 RESOLUTION 2017-108 — HURRICANE PAY A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-108 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CORRECTING THE INCONSISTENT APPLICATION OF PRIOR VILLAGE PRACTICES AND APPROVING THE PAYMENT OF OVERTIME COMPENSATION TO NON-EXEMPT VILLAGE EMPLOYEES AND THE ESTABLISHMENT OF AN ADMINISTRATIVE LEAVE BANK FOR EXEMPT EMPLOYEES FOR WORK PERFORMED JUST PRIOR TO, DURING AND IMMEDIATELY AFTER HURRICANE IRMA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lulcasilc discussed a policy that would provide compensation at two-times the regular rate of pay for PBA, IAFF, and non-exempt non -bargaining unit employees. Mr. Lukasik stated that FPE employees were already covered in their collective bargaining agreement. For exempt employees, Mr. Lulcasilc recommended establishing an administrative leave bank that would provide compensation for actual hours worked. Mr. Rubin clarified that this policy is specific to hours worked related to Hurricane Irma. Mr. Rubin advised establishing a policy going forward that would apply to all emergency events. Discussion ensued on what constitutes an "emergency event." It was determined that an "emergency event" would be a declared state of emergency. Thereafter, the motion to adopt Resolution 2017-108 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Bickel suggested having a police officer present at meetings of Village boards. Discussion ensued and it was determined to install a panic alarm in the Conference Room. Councilmember Bickel stated the Village should consider what kind of management there should be for the pool area in future, due to the potential for revenue generation to offset operational costs. President Pro Tem Mullinix commented on Village investments and requested that Council direct the Audit Committee to review the investment policy. Councilmembers concurred. VILLAGE MANAGER MATTERS/REPORTS Community Development Director Denise Malone reviewed the status of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. Staff recommendations for the EAR will be presented to Council at its December 14, 2017 Workshop Session. Mayor Aubrey reminded all present of the Village's Veterans Day Ceremony. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:40 p.m. A10_ _ Melissa Teal, MMC, Village Cleric