12-14-2017 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 14, 2017
Darryl C. Aubrey, Sc.D., Mayor
Robert A. Gebbia, Vice Mayor
David B. Norris, Councilmember
Mark Mullinix President Pro Tem
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Lara Donlon, Village Attorney
Melissa Teal, Village Clerk
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
President Pro Tem Mullinix gave the invocation and Vice Mayor Gebbia led the public in the Pledge.
AWARDS AND RECOGNITION
The Village Council presented Certificates of Commendation to the North Palm Beach Swim Club
10 and Under Girls Team for athletic achievement. The team won 1st Place Overall Team Scoring
at the 2017 Summer Junior Olympics. Coach Aguirre detailed each swimmer's achievements.
The Village Council presented Certificates of Commendation to the North Palm Beach County
Intermediate 50/70 Baseball Team. After winning the State Tournament for three consecutive years,
the team won the Southeast Region Championship and represented the Southeast Region at the
2017 Intermediate 50/70 Baseball World Series in California.
APPROVAL OF MINUTES
The Minutes of the Regular Session held November 9, 2017 and Minutes of the Special Session
held November 15, 2017 were approved as written.
PUBLIC HEARING AND SECOND 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 and enact on second 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 II, "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 December 14, 2017 Page 2 of 6
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-21 - ZONING CODE
AMENDMENT — MEDICAL MARIJUANA TREATMENT CENTERS continued
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 2017-21 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-22 - ZONING CODE
AMENDMENT — GROUP LIVING FACILITIES
A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt
and enact on second 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; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lukasik reviewed the zoning code amendment. Mr. Lukasik noted the proposed language
regarding impervious surfaces had been deleted pursuant to Council discussion at first reading.
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 2017-22 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-23 - ZONING CODE
AMENDMENT — WALLS AND FENCES IN PUBLIC DISTRICT
A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to
adopt and enact on second 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 ALLOW THE VILLAGE
COUNCIL TO EXEMPT PROPERTIES WITHIN THE PUBLIC ZONING DISTRICT FROM
HEIGHT RESTRICTIONS PERTAINING TO WALLS AND FENCES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik noted the proposed zoning code change was prompted by the design of the security wall
around the boat storage facility at Anchorage Park. Mr. Lulcasilc reported the ordinance was revised
to provide that exemptions to height restrictions would be determined by the Council based on the
public health, safety, and welfare.
Minutes of Village Council Regular Session held December 14, 2017 Page 3 of 6
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-23 - ZONING CODE
AMENDMENT — WALLS AND FENCES IN PUBLIC DISTRICT continued
Mayor Aubrey opened the public hearing.
John Samadi, 512 Marlin Road, felt the changes would create unnecessary paperwork and delay.
Mr. Samadi suggested that the maximum height of walls and fences in the Public district shall be
eight feet unless otherwise approved by the Village Council.
There being no further comments from the public, Mayor Aubrey closed the public hearing.
Discussion ensued regarding Mr. Samadi's suggestion. It was determined that adopting the
ordinance as written would allow for public comment on any proposed exemptions to the current
height limit of six feet.
Thereafter, the motion to adopt and enact Ordinance 2017-23 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-24 — CODE
AMENDMENT — FIRE PREVENTION CODE AND PROPERTY MAINTENANCE AND
HOUSING STANDARDS
A motion was made by Councilmember Bickel and seconded by Vice Mayor Gebbia to adopt and
enact on second 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. Lukasik stated the ordinance provides for (1) the adoption, by reference, of the most recent
fire codes and exclusive enforcement of the Fire Prevention Code by Village Fire Rescue; and
(2) the adoption of property maintenance standards and minimum housing standards. Mr. Lukasik
reviewed the changes made pursuant to Council discussion at first reading.
Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey
closed the public hearing.
Discussion tools place concerning the revisions to Section 15-6, Extermination.
Thereafter, the motion to adopt and enact Ordinance 2017-24 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-25 — RECREATIONAL
TRAILS PROGRAM GRANT AGREEMENT AND BUDGET AMENDMENT
A motion was made by Vice Mayor Gebbia and seconded by Councilmember Norris to adopt and
enact on second reading Ordinance 2017-25 entitled:
Minutes of Village Council Regular Session held December 14, 2017 Page 4 of 6
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 stated the $250,000 FEDP grant requires a $50,000 match, which would be appropriated
from reserve funds.
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 2017-25 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2018-01 — INVESTMENT POLICY REVISION
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to
adopt on first reading Ordinance 2018-01 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION,"
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-4,
"INVESTMENT POLICY OF THE VILLAGE," TO REVISE THE PERCENTAGES
APPLICABLE TO SHORT-TERM PORTFOLIO INVESTMENTS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik discussed the Audit Committee's recommendation to revise the Village's
Investment Policy to increase the maximum amount permitted in the Florida Prime and Local
Government Investment Pools from 25% to 50% in order to achieve a greater return on liquid assets.
Thereafter, the motion to adopt Ordinance 2018-01 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Item 1 was removed from the Consent Agenda and placed on the Regular Agenda. A motion was
made by President Pro Tem Mullinix, seconded by Vice Mayor Gebbia and passed unanimously
to approve the following items:
Motion approving 2018 Village Holiday Schedule
Receive for file Minutes of the Police and Fire Pension Board meeting held 8/15/17.
Receive for file Minutes of the Planning Commission meeting held 10/3/17.
Receive for file Minutes of the Planning Commission meeting held 11/7/17.
Recommendation: Medical Marijuana "amend the Ordinance as recommended by Staff (Item 6C1)
Recommendation: Group Living Facilities "amend the Ordinance that not more than 40% of the front yard
may consist of hardscape surfaces including but not limited to asphalt, concrete, brick and pavers" (Item 6C2)
Recommendation: Walls/Fencing in Public District "amend the Ordinance as recommended by Staff" (Item 60)
Receive for file Minutes of the Recreation Advisory Board meeting held 11/14/17.
Recommendation: "move forward with the application process for the 2018 Recreation Trails Program
grant for Lakeside Park"
Receive for file Minutes of the Audit Committee meeting held 11/28/17.
Recommendation: Changes in Investment Policy "Florida Prime (SBA) from 25% to 50%;
Intergovernmental Investment Pool fi•om 100% to 50%." (Item 6C6)
Minutes of Village Council Regular Session held December 14, 2017 Page 5 of 6
RESOLUTION 2017-109 — AMENDMENT TO HAZARD PREPAREDNESS, PLANNING,
CONSULTING, AND RECOVERY SERVICES AGREEMENT
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2018-109 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AN AMENDMENT TO AN AGREEMENT WITH GP STRATEGIES
CORPORATION FOR HAZARD PREPAREDNESS, PLANNING, CONSULTING AND
RECOVERY SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING
CONTRACT WITH THE HOUSTON-GALVESTON AREA COUNCIL AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF
OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasilc stated the firm was engaged to assist the Village with filing for FEMA
reimbursement for Hurricane Irma expenses. Purchasing Manager Sharon Swan explained that
because services were needed immediately, the Village entered into a contract not to exceed
$10,000, and subsequently received an estimate for the additional services required by the Village.
Mrs. Swan confirmed these professional services are reimbursable by FEMA.
Thereafter, the motion to adopt Resolution 2017-109 passed unanimously.
RESOLUTION 2017-110 — CONTRACT FOR PREPARATION OF LAND DEVELOPMENT CODE
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2017-110 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY THE IMAGE NETWORK, INC.
D/B/A DOVER, KOHL AND PARTNERS TO PREPARE A FORM -BASED LAND
DEVELOPMENT CODE TO IMPLEMENT THE VILLAGE MASTER PLAN AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR
SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik reviewed the contract and scope of services.
Thereafter, the motion to adopt Resolution 2017-110 passed unanimously.
RESOLUTION 2017-111 — TEMPORARY FACILITIES CHANGE ORDER APPROVAL
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to
adopt Resolution 2017-111 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN ADDITIONAL CHANGE ORDER TO AN EXISTING CONTRACT
WITH E & F FLORIDA ENTERPRISES, INC. D/B/A CREATIVE CONTRACTING GROUP
FOR TEMPORARY SITE SET UP AT THE NORTH PALM BEACH COUNTRY CLUB;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasilc reviewed the change orders approved to date and noted Council approval is needed
for Change Order #3 (Lattice skirting) because the total cost of all change orders is above the
$10,000 threshold for administrative approval.
Thereafter, the motion to adopt Resolution 2017-111 passed unanimously.
Minutes of Village Council Regular Session lield December 14, 2017 Page 6 of 6
RESOLUTION 2017-112 — PLANNING AND ZONING SERVICES AGREEMENT
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2017-112 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AN AGREEMENT WITH NZ CONSULTANTS, INC. FOR CURRENT
AND LONG-RANGE PLANNING SERVICES PURSUANT TO PRICING ESTABLISHED IN
AN EXISTING CONTRACT FOR SERVICES BETWEEN NZ CONSULTANTS AND THE
CITY OF LAKE WORTH 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.
Thereafter, the motion to adopt Resolution 2017-112 passed unanimously.
RESOLUTION 2017-113 — HVAC EQUIPMENT PURCHASE
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2017-113 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF TWO SPLIT HVAC
SYSTEMS AND THE REMOVAL OF EXISTING EQUIPMENT AT THE ANCHORAGE PARK
ACTIVITIES BUILDING FROM THERMO AIR, INC.; WAIVING THE COMPETITIVE
BIDDING REQUIREMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik reported that funds were included in the FY 2018 Budget for replacement of the
HVAC units at Anchorage Park. Mr. Lukasik recommended Council waive the competitive
bidding process in order to expedite replacement of the units due to equipment failure.
Thereafter, the motion to adopt Resolution 2017-113 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Aubrey, Vice Mayor Gebbia, and President Pro Tem Mullinix announced their intent to
run for reelection to the Village Council.
President Pro Tem Mullinix relayed the Recreation Advisory Board's concerns regarding: the
condition of the windscreens at Anchorage Park; the need to remove the stored dumpsters and
remaining storm debris; the need for a speed limit sign on the road to the boat ramp; and a
suggestion to use reclaimed water for irrigation. Public Works Director Steven Hallock gave an
update on the status of these items and projects.
Public Works Director Steven Hallock addressed Councilmember Bickel's concerns regarding
timely sanitation collection.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Lukasik reported on resident comments regarding Anchorage Park on the Next Door
Neighborhood blog site.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:40 p.m.
Melissa Teal, MMC, Village Cleric