08-10-2017 VC WS-MPresent:
ROLL CALL
MINUTES OF THE WORKSHOP SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 10, 2017
Darryl C. Aubrey, Sc.D., Mayor
Robert A. Gebbia, Vice Mayor
Mark Mullinix President Pro Tem
David B. Norris, Councilmember
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
Mayor Aubrey called the meeting to order at 9:22 p.m. All members of Council were present.
All members of staff were present.
CODE AMENDMENT — BOAT MOORING, PRIVATE DOCK REGULATIONS, AND
FLOATING VESSEL PLATFORMS
Discussion was held regarding a proposed ordinance amending Chapter 5, "Boats, Docks and
Waterways," of the Village Code of Ordinances to modify mooring requirements, clarify the use
of private docks, clarify language relating to docks and piers, and provide for floating vessel
platforms as required by Florida Statutes.
Mr. Rubin stated the proposed ordinance would make the code requirement prohibiting mooring
across side property lines extended applicable to all Village waterways, not just to the lagoons.
Mr. Rubin explained that due to potential property rights claims, the prohibition would not apply
to existing docks. Mr. Rubin stated the definition of "private dock" would be amended to include
the property owner, the occupant, and their respective families. Mr. Rubin stated the ordinance
would clarify that the term "mooring" means to secure a vessel.
Mr. Rubin discussed changes related to administering the ordinance, including defining "shore"
or "shoreline." Regarding measuring the length and width of docks, Mr. Rubin advised that
language was added to include protrusions and poles, in order to ensure measurement out to the
furthest point. Mr. Rubin discussed the current provisions related to dead-end lagoons and the
proposed change to allow one property owner to construct a dock if the adjacent property owner
records a deed restriction limiting the location of a future dock or pier to the property line and
requiring it to mirror the dock or pier on the adjacent property. Mr. Rubin stated in order to
remove conflicting language regarding how far piers need to be from the side property line extended,
the ordinance removes the requirement that no pier be located closer to the side property line
extended than its extension waterside, and keeps the existing language providing that a pier can't
be located closer to the side property line extended than half its extension waterside.
Mr. Rubin advised that although a change in Florida Statutes preempted local governments from
prohibiting floating vessel platforms and exempted them from state permitting requirements,
there are issues that local governments are allowed to address. Mr. Rubin addressed standards to
be added for floating vessel platforms (or floating boat lifts) including: a definition; requirements
for securing floating vessel platforms and the vessel on top of the platform; and side setbacks.
Minutes of Village Council Workshop Session held August 10, 2017 Page 2 of 2
Members of the public addressed the Council.
Mr. Rubin enumerated each code change in the proposed ordinance. Discussion ensued
concerning Section 5-16, Mooring limitations in waterways (private docks and piers). Mr. Rubin
advised that the current language prohibiting moored vessels from extending more than 30 percent
of the lagoon width from the face of the bulkhead or extending beyond the side property lines
extended would be changed to apply to all Village waterways, including lagoons, North Palm Beach
Waterway, West Lake, North Lake, Prosperity Harbor, and the Earman River. Discussion took
place concerning docks extending across two contiguous properties and the "grandfathering"
provision in Section 4 of the proposed ordinance. Mr. Rubin stated that contiguous parcels of
waterfront property currently owned by the same person or entity that are located on North Palm
Beach Waterway, West Lake, North Lake, Prosperity Harbor, or the Earman River would be
exempted; however, if the properties were not owned prior to the effective date of the ordinance,
a person or entity could not buy two properties and extend the dock across both. Council
discussion ensued regarding the proposed changes to the definition of "private dock" in Section 5-81.
Council requested input from the Planning Commission regarding vessels moored at private docks.
Mr. Lukasik was directed to organize a round table discussion of the dock issue to include
citizens and Village staff.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:18 p.m.
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Melissa Teal, MMC, Village Clerk