01-13-2022 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 13, 2022
Present: Darryl C. Aubrey, Sc.D., Mayor
Deborah Searcy, Vice Mayor
Mark Mullinix, President Pro Tem
David B. Norris, Councilmember
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held December 9, 2021 were approved as written.
STATEMENTS FROM THE PUBLIC
Mayor Aubrey announced that the hearing for the proposed 200 Yacht Club Drive Planned Unit
Development that was on schedule for the January 27th Council meeting was being postponed so
that the applicant could address the concerns that have been raised by the public.
These residents addressed the Council with their concerns regarding the proposed 200 Yacht Club
Drive Planned Unit Development:
Deborah Cross, 2560 Pepperwood Road
Carolyn Liss, 52 Yacht Club Drive
Anthony Sacco, 45 Yacht Club Drive
Bob Starkie, 36 Yacht Club Drive
John Rothberg, 134 Lakeshore Drive, #623
Susan Hoff, 907 Marina Drive, #301
Mary Phillips, 525 Ebbtide Drive, discussed and recommended implementing a Community Tree
Canopy in the Village.
Minutes of the Village Council Regular Session held January 13, 2022 Page 2 of 7
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2022-03 CODE AMENDMENT —ADVISORY BOARD ELECTRONIC
PARTICIPATION
A motion was made by Councilmember Bickel and seconded by Vice Mayor Searcy to adopt on
first reading Ordinance 2022-03 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 2-1, "BOARDS AND COMMITTEES," TO ALLOW FOR BOARD AND
COMMITTEE MEMBERS TO PARTICIPATE AND VOTE VIA ELECTRONIC MEANS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the purpose of the ordinance was to amend the code to allow board and
committee members who were unable to be physically present to participate and vote on matters
before the board or committee via electronic means. A quorum is still required to be physically
present at the meetings.
Thereafter, the motion to adopt on first reading Ordinance 2022-03 passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-01 — CODE
AMENDMENT — FRACTIONAL HOME OWNERSHIP
A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt
and enact on second reading Ordinance 2022-01 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 INCORPORATE A DEFINITION OF FRACTIONAL
OWNERSHIP AND EXPRESSLY PROHIBIT FRACTIONAL OWNERSHIP UNITS AND
TIME-SHARE UNITS IN THE VILLAGE'S RESIDENTIAL ZONING DISTRICTS;
AMENDING SECTION 45-2, "DEFINITIONS," AND SECTION 45-36, "GENERAL
PROVISIONS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the purpose of the ordinance was to prohibit fractional ownership
properties within the Village's residential zoning districts. Mr. Rubin stated that Council adopted
the ordinance on first reading but had expressed concerns over the definition of fractional
ownership. The proposed ordinance had been modified since its first reading to incorporate a new
definition of fractional home ownership and an additional definition of fractional ownership plan
which would target the different types of ownership schemes that the ordinance intended to
prohibit.
Discussion ensued between Mr. Rubin and Councilmembers regarding the language and
definitions proposed in the ordinance.
Minutes of the Village Council Regular Session held January 13, 2022 Page 3 of 7
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-01 — CODE
AMENDMENT — FRACTIONAL HOME OWNERSHIP continued
Mr. Rubin concluded the discussion by stating that as a result of his research, he believed that the
language in the ordinance was sufficient enough to cover and address Council's concerns. The
language could be tweaked or revised in the future if necessary.
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 2022-01 on second reading passed
unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2022-02 — CODE
AMENDMENT — PARKING CITATION PROCEDURE
A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt and
enact on second reading Ordinance 2022-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING,"
OF CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF THE VILLAGE CODE OF
ORDINANCES TO UPDATE THE VILLAGE'S REGULATIONS AND FORMALIZE THE
PARKING CITATION PROCEDURE; REPEALING SECTION 18-36, "PARKING IN
VIOLATION OF SIGNS," SECTION 18-37, `VIOLATIONS; FINES — HANDICAP SPACES,"
AND SECTION 18-38, "SAME — NON -HANDICAP SPACES," AND ADOPTING A NEW
SECTION 18-36, "STOPPING, STANDING AND PARKING IN SPECIFIED AREAS,"
SECTION 18-37, "PARKING CITATION PROCEDURE," SECTION 18-38, "FINES," AND
SECTION 18-39, "PARKING SPACES FOR THE PHYSICALLY DISABLED;" AMENDING
ARTICLE II, "BOAT LAUNCHING AREA," OF CHAPTER 5, "BOATS, DOCKS AND
WATERWAYS," BY REPEALING SECTION 5-38, "VIOLATION; PENALTY;" PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the purpose of the ordinance was to standardize the Village's procedures
for the issuance of parking citations and expand the Village's enforcement authority. Mr. Rubin
stated that Council adopted the ordinance on first reading subject to removing the section governing
the parking restrictions in the vicinity of Lakeside Park.
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 2022-02 on second reading passed
unanimously.
Councilmember Bickel briefly stepped out of the meeting.
Minutes of the Village Council Regular Session held January 13, 2022 Page 4 of 7
CONSENT AGENDA APPROVED
President Pro Tem Mullinix moved to approve the Consent Agenda. Councilmember Norris
seconded the motion, which passed unanimously. The following items were approved with all
present voting aye:
Receive for file Minutes of the Environmental Committee meeting held 10/4/21.
Receive for file Minutes of the Environmental Committee meeting held 11 / 1 /21.
Receive for file Minutes of the Planning Commission meeting held 11/9/21.
Receive for file Minutes of the Audit Committee meeting held 12/15/21.
Councilmember Bickel returned to the meeting.
MOTION — A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor
Searcy to authorize the Village Manager to execute the required forms for participation in the
Florida Plan for allocation of settlement dollars from opioid related litigation.
Mr. Rubin explained that the Florida Attorney General had provided counties and municipalities
throughout the state a framework of a unified settlement plan for the proposed allocation and use
of opioid settlement proceeds. In order to participate in the settlement, the Village Council would
need to authorize the Village Manager to execute the required Participation Forms.
Mr. Lukasik discussed and explained the approved uses and purchases of the funds.
Thereafter the motion passed unanimously.
RESOLUTION 2022-01 — PROSPERITY VILLAGE PUD FINAL PLAT APPROVAL
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to
adopt Resolution 2022-01 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FINAL PLAT FOR THE PROSPERITY VILLAGE
PLANNED UNIT DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Principal Planner Alex Ahrenholz gave a brief history and background of the Prosperity Village
Planned Unit Development. Mr. Ahrenholz stated that the property owner had filed an application
for final plat approval. The Planning Commission reviewed the final plat at its December 7, 2021
meeting and unanimously recommended approval.
Thereafter, the motion to adopt Resolution 2022-01 passed unanimously.
RESOLUTION 2022-02 — IAFF COLLECTIVE BARGAINING AGREEMENT
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to
adopt Resolution 2022-02 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH
THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY,
Minutes of the Village Council Regular Session held January 13, 2022 Page 5 of 7
RESOLUTION 2022-02 — IAFF COLLECTIVE BARGAINING AGREEMENT continued
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LOCAL 2928, IAFF, INC. THROUGH SEPTEMBER 30,2024; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained that the resolution was to approve a Collective Bargaining Agreement
between the Village and the Professional Firefighters/Paramedics of Palm Beach County Local
2928, IAFF, Inc. which represents employees in the Village's Fire Rescue Department. Mr.
Lukasik discussed and explained the changes to Workers Compensation, Pension, Bereavement
Leave, Paid Holidays and Wages.
Mayor Aubrey stated that he was very pleased with how the negotiations were conducted.
Thereafter, the motion to adopt Resolution 2022-02 passed unanimously.
Angelo D'Ariano of the Local 2928 IAFF, Inc. Firefighters Union introduced himself and thanked
Council and staff for their commitment to the Collective Bargaining Agreement.
RESOLUTION 2022-03 — CIVIL CITATIONS
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2022-03 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, DESIGNATING THE SECTIONS OF THE VILLAGE CODE TO BE
ENFORCED BY CIVIL CITATION AND ESTABLISHING A FINE SCHEDULE; PROVIDING
FOR CONFLICTS AND THE REPEAL OF RESOLUTION NOS. 2009-52 AND 2010-41; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that through the adoption of Ordinance No. 2021-19, the code was updated
and clarified to outline the procedure for the issuance and disposition of civil citations as an
alternate method of code enforcement, specifically authorizing the issuance of code citations by
park rangers for violations occurring within Village parks. The Village code requires the Village
Council by resolution to establish a schedule of code sections that can be enforced by citations as
well as a schedule of penalties. The schedule of fines would be attached to the Resolution as Exhibit `B".
Discussion ensued between Council and Mr. Rubin regarding clarification of certain code violations.
Thereafter, the motion to adopt Resolution 2022-03 passed with all present voting aye.
Mayor Aubrey announced that the discussion item regarding Building Recertification had been
postponed.
DISCUSSION — Parking Regulations for Utility Trailers and the Restriction of On -Street Parking
at Lakeside Park
Mr. Lukasik began a presentation regarding parkinregulations related to the storage of utility
trailers and the restriction of on -street parking near Lakeside Park. Mr. Lukasik stated that Council
had previously suggested that the Village implement regulations for utility trailers since there were
currently no regulation prohibiting utility trailers or requiring them to be screened.
Minutes of the Village Council Regular Session held January 13, 2022 Page 6 of 7
DISCUSSION — Parking Regulations for Utility Trailers and the Restriction of On -Street Parking
at Lakeside Park continued
Mr. Lukasik stated that staff was requesting direction by asking if utility trailers should be treated
in a similar manner to recreational vehicles using the ninety -percent (90%) opacity standard except
for what would be visible from the right-of-way adjacent to a six (6) foot gate and if there should
be a grandfathering provision for residents currently storing utility trailers on residential properties.
Discussion ensued between Councilmembers regarding how to regulate utility trailers.
Council agreed that the regulations imposed on utility trailers should not create a burden on those
who depend on the utility trailers for their livelihoods.
Mr. Lukasik stated that he would bring back a model of different utility trailer storage scenarios to
review and address.
Mr. Lukasik stated that at a recent Council meeting, questions were raised regarding the need for
existing on -street parking regulations in the neighborhood surrounding Lakeside Park. The
regulations prohibited on -street parking on weekends and holidays and were originally adopted in
response to concerns from residents of Lakeside Park. Mr. Lukasik explained that staff intended
to eliminate the streets north of Lighthouse Drive from the existing regulations with the exception
of Lakeside Circle and Lakeside Drive south of Cruiser Road South, Atlantic Road and Lakeside Court.
Discussion ensued between staff and Councilmembers regarding streets that would be included
and not included in the off street parking regulations.
Councilmember Bickel stated that the section of Lighthouse Drive between U.S. Highway 1 and
Lakeside Drive should be included.
Mr. Rubin stated that the portion of Lighthouse Drive between U.S. Highway 1 and Lakeside Drive
was already included.
Mr. Lukasik stated that the parking pass process would be codified. Mr. Lukasik stated that the
other policy direction was to expand "no -parking" restrictions from weekends and holidays to
daily enforcement.
DISCUSSION — ARPA Funds Allocation
Mr. Lukasik began a presentation regarding the allocation of American Rescue Plan Act funds.
Mr. Lukasik gave a brief history and background regarding the American Rescue Plan Act that
was signed into law on March 11, 2021 and established the Coronavirus State and Local Fiscal
Recovery Fund (SLFRF). Mr. Lukasik stated that the Village was scheduled to receive $6.5
million dollars. The first disbursement was received in May 2021 and the second disbursement
was anticipated to be received in May 2022. Funding would need to be obligated by December
31, 2021 and projects were required to be completed by December 31, 2026.
Mr. Lukasik stated that Council had discussed the allotment of funds back on June 10, 2021 and
came up with the priorities for use which were clean water infrastructure, funding for technology
applications, and exploring direct funding to impacted residents. Mr. Lukasik discussed
recommendations based on the priorities.
Minutes of the Village Council Regular Session held January 13, 2022 Page 7 of 7
DISCUSSION — ARPA Funds Allocation continued
Mr. Lukasik stated that septic conversion to address septic usage in the Village and in adjacent
annexation areas would be allotted funds between $5 and $5.5 million and elimination of outflow
to the North Palm Beach Waterway from the Country Club Golf Course ponds would be allotted
approximately $750,000. Technology applications for Village and mitigation activities would be
allotted $100,000. Lastly it was recommended that direct funding would be allotted to individuals
for weatherization, energy efficiency and home repairs. Unemployed or low to moderate income
individuals would be eligible without significant analysis or justification.
Mr. Lukasik explained and discussed eligible activities for the funds which included supporting
public health, addressing economic hardship impacts for those disproportionately affected and
harmed by the pandemic, provide premium pay for essential workers, replace lost public sector
revenue and water, sewer and broadband investments.
Discussion ensued between Councilmembers and staff regarding the allotment and uses of the
American Rescue Plan Act funds and how and when it would affect any future annexation of
properties to the Village.
MAYOR AND COUNCIL MATTERS/REPORTS
Vice Mayor Searcy announced the upcoming Beats and Bites and the Hot Cars and Chili events
and encouraged residents to attend.
Public Works Director Chuck Huff introduced Ken Hem as the new Streets and Stormwater
Manager in the Public Works Department.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:27 p.m.
s
JE)ca Green, MMC, Village Clerk