10-09-2014 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 9, 2014
Darryl C. Aubrey, Sc.D., Mayor
Robert A. Gebbia, Vice Mayor
David B. Norris, President Pro Tem
William L. Manuel, Councilman
Doug Bush, Councilman
James P. Kelly, Village Manager
Leonard Rubin, 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 Tern Norris gave the invocation and Mayor Aubrey led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held September 25, 2014 were approved as written.
STATEMENTS FROM THE PUBLIC
Tim Hullihan addressed the Council concerning his application to serve on the Recreation
Advisory Board.
PUBLIC HEARING AND FIRST READING OF ORDINANCE 2014 -12 — TEMPORARY
MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES OR TREATMENT CENTERS
A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt on
first reading Ordinance 2014 -12 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
APPROVALS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSARIES OR
TREATMENT CENTERS AS DEFINED HEREIN; PROVIDING FOR THE DURATION OF
THE MORATORIUM; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly stated that it is unclear what regulations the Florida Legislature or the Department of Health
will impose if the constitutional amendment legalizing the cultivation, production, distribution
and sale of medical marijuana is passed by the voters on November 2, 2014. Mr. Kelly advised
that the Village's Land Development Regulations do not address these potential uses and the
Village's zoning code does not provide for conditional or special exception uses; therefore, he
recommended the establishment of a temporary moratorium on the operation of medical marijuana
dispensaries and treatment centers within the Village for a period of one year, during which time
the Village would not accept, process or approve any application, including, but not limited to,
applications for development orders, building permits, or zoning approvals, relating to the
operation of a medical marijuana dispensary or treatment center.
Minutes of Village Council Regular Session held October 9, 2014 Page 2 of 4
PUBLIC HEARING AND FIRST READING OF TEMPORARY MORATORIUM ON
MEDICAL MARIJUANA DISPENSARIES OR TREATMENT CENTERS continued
Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey
closed the public hearing.
Mr. Rubin explained that the temporary moratorium will allow time for the Village to determine
what regulations should be applicable to such uses. Mr. Rubin reported that the Planning Commission
recommended approval of the moratorium.
Thereafter, the motion to adopt Ordinance 2014 -12 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Vice Mayor Gebbia moved to approve the consent agenda. President Pro Tern Norris seconded the
motion and all present voted aye. The following items were approved:
Motion to suspend the 11/27/14 and 12/25/14 Council meetings in observance of national
holidays and the 7/9/15 Council meeting due to the Budget Workshop meeting schedule
Receive for file Minutes of the Library Advisory Board meeting held 9/23/14
RESOLUTION 2014 -69 — APPOINTI NG A MEMBER TO THE RECREATION ADVISORY BOARD
A motion was made by Councilman Manuel and seconded by President Pro Tem Norris to adopt
Resolution 2014 -69 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPOINTING ONE MEMBER TO THE RECREATION ADVISORY BOARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly stated Tim Hullihan was the sole applicant for the vacant position on the Recreation
Advisory Board. Discussion ensued on the length of time the position had been vacant and advertised.
Thereafter, the motion to adopt Resolution 2014 -69 passed unanimously.
RESOLUTION 2014 -70 — FRONT LOAD SANITATION COLLECTION TRUCKS PURCHASE
A motion was made by Vice Mayor Gebbia and seconded by Councilman Bush to adopt
Resolution 2014 -70 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING THE PURCHASE OF TWO MACK FRONT LOAD SANITATION
COLLECTION TRUCKS FROM NEXTRAN CORPORATION PURSUANT TO AN EXISTING
FLORIDA SHERIFF'S ASSOCIATION AND FLORIDA ASSOCIATION OF COUNTIES
CONTRACT FOR OFF -ROAD UTILITIES, MEDIUM/HEAVY TRUCKS AND OTHER FLEET
EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $507,058.00 FROM
THE CAPITAL RESERVE ACCOUNT TO THE SANITATION — AUTOMOTIVE CAPITAL
ACCOUNT TO FUND THE PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly and Public Works Director Brian Moree described the operational advantages of
converting from rear -load to front -load collection trucks.
Thereafter, the motion to adopt Resolution 2014 -70 passed unanimously.
Minutes of Village Council Regular Session held October 9, 2014 Page 3 of 4
RESOLUTION 2014 -71 — LAPTOP COMPUTER PURCHASE
A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt
Resolution 2014 -71 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF THIRTY
DELL LAPTOP COMPUTERS AND RELATED EQUIPMENT PURSUANT TO PRICING
ESTABLISHED BY STATE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly reported that the transition of North Palm Beach Police Department CAD, dispatch,
and 911 services to the North County Dispatch Center (NCDC) requires the purchase of new
Dell laptop computers, which will be assigned to each North Palm Beach police officer. Mr. Kelly
confirmed that the only remaining expense in conjunction with the transition to the NCDC would,
be a monthly lease for the fiber optic network needed for connectivity. Police Chief Rick Jenkins
explained the NCDC and Florida Department of Law Enforcement requirements that necessitate
the purchase of new equipment.
Thereafter, the motion to adopt Resolution 2014 -71 passed unanimously.
RESOLUTION 2014 -72 — ENGINEERING SERVICES CONTRACT AMENDMENT
A motion was made by Councilman Bush and seconded by Councilman Manuel by to adopt
Resolution 2014 -72 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTINUING CONTRACT
FOR PROFESSIONAL ENGINEERING SERVICES WITH ENGENUITY, INC. TO EXTEND
THE TERM OF THE CONTRACT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Kelly recommended that the Village's Contract for Professional Engineering Services with
Engenuity Group, Inc. be extended for an additional one year term. Mr. Kelly explained the
provisions of the Amendment.
Engenuity Group, Inc. Vice President Keith Jackson addressed the Council regarding the
Contract and advised that his firm was not seeking any increase in the hourly rate.
Thereafter, the motion to adopt Resolution 2014 -72 passed unanimously.
MAYOR AND COUNCIL MATTERS
President Pro Tem Norris asked if any council member wished to serve on the Treasure Coast
Regional Planning Council. Consensus of the Village Council was that President Pro Tern Norris
should reapply for another term.
Councilman Bush inquired about the Solid Waste Authority (SWA) pilot recycling program.
Public Works Director Brian Moree described the program and explained the process. Mr. Moree
stated 2700 containers were delivered to North Palm Beach residences. Mr. Moree reported that
the Village and SWA received a total of 51 calls from residents requesting pickup of the containers.
Mr. Moree advised that SWA plans to run the test program until the end of this fiscal year. It was
suggested that a follow -up article be published in the Village Newsletter.
Minutes of Village Council Regular Session held October 9, 2014 Page 4 of 4
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly congratulated the Parks and Recreation Department, Fire Department, and Police
Department on the well- attended and successful Touch -a -Truck event.
ADJOURNMENT
Mayor Aubrey announced that the sole item on the Workshop agenda had been pulled; therefore,
the Workshop Session was cancelled. There being no further business to come before the
Council, the meeting was adjourned at 8:18 p.m.
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Melissa Teal, CMC, Village derk