07-25-2019 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 259 2019
Present: Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Deputy Village Clerk
Absent: Susan Bickel, Councilmember
ROLL CALL
Mayor Aubrey called the meeting to order at 7:30 p.m. All members of Council were present
except for Councilmember Bickel, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Norris gave the invocation and Mayor Aubrey led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held July 11, 2019 were approved as written.
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Elizabeth and Alex Searcy, 654 Shore Road, thanked the Village Library and Friends of the
Library. Elizabeth and Alex gave a presentation on the summer programs provided by the
Village Library and Friends of the Library.
Lakisha Burch, FACC Southeast District Director presented a Resolution from the Florida
Association of City Clerks to former Village Clerk Melissa Teal expressing sympathy, gratitude
and recognition for Ms. Teal's professionalism, service and dedication.
Cathy Graham, 508 Fairwind Drive, expressed her condolences to the Council and the Village
for the loss of former Village Clerk Melissa Teal. Ms. Graham stated that the Friends of the
Library have planned a 50th Anniversary Celebration for the Village Library. There will be an
adults only evening event on Friday, October, 18, 2019 and a Family Fun Day event on October 19, 2019.
Yvonne Dalpay, 670 Anchorage Drive, expressed her concerns regarding issues and possible
solutions to the increased iguana population throughout the Village.
Pat Friedman, 1208 Marine Way, on behalf of the residents of Old Port Cove, Ms. Friedman
expressed condolences to the Council and the Village for the loss of former Village Clerk
Melissa Teal.
Senator Bobby Powell, District 30, gave a 2019 Legislative Session update.
Minutes of Village Council Meeting held July 25, 2019
Page 2 of 7
ORDINANCE 2019-08 CODE AMENDMENT — REASONABLE ACCOMMODATION
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
on first reading of Ordinance 2019-08 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 TO MODIFY AND CLARIFY THE CRITERIA FOR
REASONABLE ACCOMMODATION REQUESTS AND REQUIRE PROOF OF
CONTINUED CERTIFICATION AT BUSINESS TAX RENEWAL; AMENDING SECTION
45-24, "GROUP LIVING FACILITIES," AND SECTION 45-25, "REASONABLE
ACCOMMODATION PROCEDURE;" PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Rubin discussed and explained the changes that needed to be made to the Ordinance since its initial
adoption.
Councilmember Searcy asked for clarification as to whether the Village had specific distance
regulations or requirements set in place for how many group living facilities or community
residences are allowed within a certain area or radius.
Mr. Rubin explained that there were not any regulations for how many group living facilities or
community residences were allowed within a certain area. Mr. Rubin stated that the Community
Development Department would make a recommendation and bring each Reasonable
Accommodation request to Council.
Council discussion ensued regarding their concerns about regulations for group living facilities
and community residences.
Thereafter, the motion to adopt on first reading Ordinance 2019-08 passed with all present voting aye.
ORDINANCE 2019-07 CODE AMENDMENT — SEAWALL CONSTRUCTION STANDARDS
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
and enact on second reading Ordinance 2019-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF
THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE I, "IN GENERAL,"
TO AMEND SECTION 5-1, "DEFINITIONS;" AMENDING ARTICLE III, "CONSTRUCTION
REQUIREMENTS," BY AMENDING DIVISION 3, "BULKHEADS AND SEAWALLS," TO
AMEND SECTION 5-70, "SUBMISSION OF SPECIFICATIONS AND PLANS," TO
REQUIRE REVIEW BY THE VILLAGE ENGINEER, AMEND SECTION 5-71,
"SPECIFICATIONS," TO UPDATE THE CONSTRUCTION AND ENGINEERING
STANDARDS, ADOPT A NEW SECTION 5-72, "MINIMUM DESIGN REQUIREMENTS
FOR SEAWALLS," TO ADOPT NEW DIMENSIONAL, COMPATIBILITY AND
ELEVATION REQUIREMENTS FOR SEAWALL CAPS AND ALLOW FOR
RECONSTRUCTION OF AN EXISTING SEAWALL OR BULKHEAD BEYOND THE
PROPERTY LINE IN SPECIFIED CIRCUMSTANCES, AMEND SECTION 5-73,
"INSPECTION," TO CLARIFY AND EXPAND THE PERMITTING AND INSPECTION
REQUIREMENTS; AMENDING ARTICLE III, "CONSTRUCTION REQUIREMENTS," BY
AMENDING DIVISION 4, "DOCKS AND PIERS," TO AMEND SECTION 5-81,
Minutes of Village Council Meeting held July 25, 2019
Page 3 of 7
ORDINANCE 2019-07 CODE AMENDMENT— SEAWALL CONSTRUCTION STANDARDS continued
"DEFINITIONS," AMEND SECTION 5-82, "GENERALLY," TO CLARIFY THE UPLAND
PROPERTY OWNER, REQUIRE ALL CONSTRUCTION DOCUMENTS BE SIGNED AND
SEALED BY AN ENGINEER, REQUIRE SUBMITTAL OF POLLUTION CONTROL PLANS
AND REGULATE FENCING ON BULKHEADS OR SEAWALL CAPS, AMEND SECTION 5-
83, "MINIMUM DESIGN REQUIREMENTS," TO MODIFY THE STANDARDS FOR
DECKING ELEVATIONS, FLOATING DOCKS, AND PILING, DOLPHINS AND TIE POLES;
AMEND SECTION 5-84, "REGULATIONS GOVERNING CONSTRUCTION IN WATERS
OTHER THAN LAKE WORTH AND ATLANTIC OCEAN," TO UTILIZE THE PROPERTY
LINE FOR MEASUREMENT AND CLARIFY EXISTING PROVISIONS, AMEND SECTION
5-85, "REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC
OCEAN," TO UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND CLARIFY
EXISTING PROVISIONS, AND AMEND SECTION 5-86, "VARIANCES," TO AUTHORIZE
VARIANCES FROM THE DIMENSIONAL REQUIREMENTS AND CLARIFY THE
PROCEDURE; AMENDING CHAPTER 71 "BULKHEAD LINES," OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING ARTICLE I, "IN GENERAL," TO DELETE SECTION 7-
1, "ESTABLISHED; DESIGNATED," AND AMEND SECTION 7-2, "FILLING OPERATIONS
BEYOND BULKHEAD LINE; PROHIBITED," TO REMOVE ALL REFERENCES TO
BULKHEAD LINES AND AMENDING ARTICLE II, "FILLING PERMIT," TO MODIFY
AND SIMPLIFY THE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin discussed and explained the updates and changes made to the Ordinance.
Discussion ensued between Council and Mr. Rubin on clarification of specific language and
concerns and questions regarding allowances for seawall caps in the Ordinance.
Thereafter, the motion to adopt and enact Ordinance 2019-07 on second reading passed with all
present voting aye.
CONSENT AGENDA APPROVED
Item 7 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the
Consent Agenda, as amended, was approved with all present voting aye. The following items were approved:
Resolution — Approving a blanket purchase order with Mullinax Ford in the amount of
$15,000 for vehicle parts, supplies and repair services.
Resolution — Approving a Contract with 1St Choice Restoration Consultant Inc. for
concrete restoration at Village Hall in the amount of $16,278.00.
Resolution — Approving the renewal of an existing Agreement for Records Management
Services with Iron Mountain Information Management LLC.
Resolution — Approval of revisions to the Higher Education Assistance Program (now
Higher Education Reimbursement Program).
Receive for file Minutes of the Golf Advisory Board meeting held 6/17/19
Receive for file Minutes of the Recreation Advisory Board meeting held 6/11/19
Receive for file Minutes of the Library Advisory Board meeting held 6/25/19
Minutes of Village Council Meeting held July 25, 2019
Page 4 of 7
RESOLUTION 2019-66 — ENGENUITY TESTING SERVICES CONTRACT AMENDMENT
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-66 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, MODIFYING THE SCOPE AND COST OF THE PROPOSAL FROM
ENGENUITY GROUP, INC. FOR THRESHOLD INSPECTION AND CONSTRUCTION
MATERIALS TESTING SERVICES FOR THE NORTH PALM BEACH COUNTRY CLUB
CLUBHOUSE PROJECT TO BE PERFORMED BY ITS SUBCONSULTANT, TERRACON
CONSULTANTS, INC.; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
President Pro Tem Norris asked for clarification on the budget increase for the testing services.
Special Projects Director Chuck Huff explained that the increase was due to the fact that the
Village's Community Development Department was not fully staffed at the time that the testing
services were needed at the Country Club. Engenuity Group was hired to provide the necessary services.
Mr. Lukasik explained that the Clubhouse Project was paying for the expense and did not
increase the project's budget.
Thereafter, the motion to adopt Resolution 2019-66 passed with all present voting aye.
RESOLUTION 2019-69 — TENTATIVE MILLAGE RATE
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt
Resolution 2019-69 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.5000 MILS FOR
FISCAL YEAR 2019-2020; ESTABLISHING A DATE, TIME AND PLACE FOR THE FIRST
HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE;
AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO
THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lukasik gave an explanation and overview of the proposed budget for fiscal year 2020 and
the reasons for the tentative millage rate.
Discussion ensued between Council and Mr. Lukasik regarding the tentative millage rate and the
proposed budget for fiscal year 2020.
Thereafter, the motion to adopt Resolution 2019-69 passed with all present voting aye.
RESOLUTION 2019-70 — BUNKER DAMAGE REPAIR
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-70 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. FOR THE REPAIR TO BUNKERS AT THE NORTH PALM BEACH
COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE
Minutes of Village Council Meeting held July 25, 2019 Page 5 of 7
RESOLUTION 2019-70 — BUNKER DAMAGE REPAIR continued
CLERK TO EXECUTE THE CONTRACT; WAIVING THE VILLAGE'S PURCHASING
POLICIES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained that there was storm damage to bunkers at the golf course. The bunkers
needed to be repaired and rebuilt. Mr. Lukasik stated that the repairs would be covered by insurance.
Tom Magill, 119 Atlantic Road, expressed his concerns regarding the Country Club Clubhouse Project.
Councilmember Searcy asked if the damage to the bunkers was due to an issue with the design.
Head Golf Professional Allan Bowman stated that the damage was not due to a design issue. Mr.
Bowman stated that the storm that caused the damage produced 21/2 inches of rain within 30 minutes.
Mr. Bowman explained that water rushing down a hill at that speed would cause significant damage.
Mr. Bowman stated that retention basins will be created along with the bunker repairs which would
prevent that kind of damage in the future.
Thereafter, the motion to adopt Resolution 2019-70 passed with all present voting aye.
RESOLUTION 2019-71 — 2ND AMENDMENT RESTAURANT OPERATOR AGREEMENT
A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-71 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE RESTAURANT
OPERATOR AGREEMENT WITH FARMER'S TABLE, LLC TO CONDUCT FOOD AND
BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND
AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Lukasik explained that the Second Amendment to the Lease Agreement would address
Farmer's Table LLC's investment to the pavilion at the Clubhouse. Mr. Lukasik gave an
overview and explanation of the Second Amendment to the Lease Agreement. Mr. Lukasik gave
an overview of the improvements that would be done to the pavilion. Mr. Lukasik explained
what would take place if there was a termination of the Lease Agreement.
Tom Magill, 119 Atlantic Road, expressed his concerns regarding the past and current
negotiations with restaurant operators for the Country Club Clubhouse Project.
Discussion ensued between Council and Staff on the projected dates of opening for the new
Country Club and if the improvements to the pavilion would affect those dates.
President Pro Tem Norris expressed his concerns regarding the Lease Agreement.
Mr. Rubin discussed and clarified the language in the Lease Agreement.
Discussion ensued between Council and staff regarding the improvements to the pavilion and the
costs involved.
Minutes of Village Council Meeting held July 25, 2019 Page 6 of 7
RESOLUTION 2019-71— 2' AMENDMENT RESTAURANT OPERATOR AGREEMENT continued
President Pro Tem discussed and recommended changes to the language concerning the breach
or early termination of the Lease Agreement and also recommended having Farmer's Table LLC
as the guarantor instead of Farmer's Table LLC NPB.
Discussion ensued between Council and staff on whether or not to have the architects of the Country
Clubhouse Project review the improvement plans and approve them since those improvements would
be done by a different architect company.
Discussion ensued between Council and Mr. Rubin regarding the definition of a breach in an
agreement or contract and how the conditions of a breach could be changed in the Lease Agreement.
Mr. Rubin explained the definition of a breach of a contract or agreement.
Joey Giannuzzi, owner of Farmer's Table gave an overview of the proposed improvements to the
Clubhouse and what the investment would cost Farmer's Table. Mr. Giannuzzi was in agreement
with naming Farmer's Table LLC as the guarantor on the Lease Agreement.
Discussion ensued between Council and Mr. Giannuzzi on the changes that will be made to the
Lease Agreement.
Mr. Rubin clarified that the only change to the Lease Agreement that Council was requesting
was for Farmer's Table LLC to be named as guarantor instead of Farmer's Table NPB LLC.
Thereafter, the motion to adopt Resolution 2019-71, as amended, passed 3-0 with Mayor Aubrey,
Vice Mayor Mullinix and Councilmember Searcy voting aye and President Pro Tem Norris voting nay.
RESOLUTION 2019-72 —1sT AMENDMENT TO LAND DEVELOPMENT CODE CONSULTING
A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-72 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING ADDENDUM 1 TO THE CONTRACT WITH THE
IMAGE NETWORK, INC. D/B/A DOVER, KOHL AND PARTNERS TO PREPARE A
FORM -BASED LAND DEVELOPMENT CODE AND AUTHORIZING THE MAYOR AND
CLERK TO EXECUTE THE ADDENDUM; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained and discussed the reasons for approving the Addendum to the Contract
with Image Network, Inc. d/b/a Dover Kohl and Partners. The Addendum would extend the
contract to allow them to participate in additional meetings and compensate for possible
additional work needed to prepare and rewrite the Land Development Code. Mr. Lukasik stated
that he did not anticipate that they would go beyond three additional meetings.
Discussion ensued between Council and Mr. Lukasik regarding whether there would be a
budgetary impact.
Mr. Lukasik stated that there would be no budgetary effect by moving forward with the Addendum.
Thereafter, the motion to adopt Resolution 2019-72 passed with all present voting aye.
Minutes of Village Council Meeting held July 25, 2019
VILLAGE COUNCIL MATTERS/REPORTS
Page 7 of 7
The Council came to consensus to move forward with the necessary actions to appoint Deputy
Village Clerk Jessica Green as the new Village Clerk.
Deputy Village Clerk Jessica Green thanked Council for the opportunity to serve as their new Village Clerk.
Vice Mayor Mullinix welcomed Beth as the new Country Club Manager. Vice Mayor Mullnix
thanked Mr. Lukasik in his efforts to improve the traffic lights along Northlake Boulevard. Vice
Mayor Mullinix requested Letters of Commendation for Myles Colin Johnson, Special Agent —
USSS, Captain — USMC, and for former Village Clerk Melissa Teal.
The Council came to consensus to have Letters of Commendation created for Myles Colin
Johnson, Special Agent — USSS, Captain — USMC, and for former Village Clerk Melissa Teal.
Councilmember Searcy asked when the newly revised and finalized Boat and RV Ordinance
would be implemented.
Mr. Lukasik explained that Code Compliance would be implementing the same process as was
done in the past with the Boat and RV Ordinance such as informal letters and courtesy notices
first and then violation notices if compliance is not met.
Councilmember Searcy stated that she heard a Solid Waste Authority presentation. She
encouraged everyone to hear the same presentation. Councilmember Searcy stated that the Solid
Waste Authority facility was one of the top three in the country in terms of effectiveness.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:04 p.m.
Jessica Green, MMC; Deputy Village Clerk
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