04-09-2015 VC REG-MMINUTES OF THE REGULAR SESSION
C � VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 9, 2015
Present: Robert A. Gebbia, Mayor
David B. Norris, Vice Mayor
Doug Bush, President Pro Tern
Darryl C. Aubrey, Sc.D., Councilmember
Judy M. Pierman, Councilmember
James P. Kelly, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
ROLL CALL
Mayor Gebbia 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
Vice Mayor Norris gave the invocation and Councilmember Aubrey led the public in the
Pledge of Allegiance.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Gebbia proclaimed April 12th — 18th 2015 as
National Library Week in the Village of North Palm Beach. Library Director Betty Sammis and
Friends of the Library Vice President Cathy Graham were present to accept the proclamation.
APPROVAL OF MINUTES
The Minutes of the Regular Session held March 26, 2015 were approved as written.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -02 — COMPREHENSIVE
PLAN TEXT AMENDMENT FOR MIXED -USE ASSISTED LIVING FACILITIES
A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt
and enact on second reading Ordinance 2015 -02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT
OF THE VILLAGE COMPREHENSIVE PLAN TO PROVIDE FOR MIXED -USE ASSISTED
LIVING FACILITIES WITHIN COMMERCIAL PLANNED UNIT DEVELOPMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Kelly related the history of this item and announced the Department of Economic Opportunity
reviewed the text amendment and had no comments.
Minutes of Village Council Regular Session held April 9, 2015 Page 2 of 5
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -02 — COMPREHENSIVE
PLAN TEXT AMENDMENT FOR MIXED -USE ASSISTED LIVING FACILITIES continued
Mayor Gebbia announced that members of the public who wished to be notified of the date of
publication of the "Notice of Intent" by the Department of Economic Opportunity should sign
the form on the table at the back of the room. Mayor Gebbia opened the public hearing. There
being no comments from the public, Mayor Gebbia closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -02 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -04 — CODE AMENDMENT —
PANHANDLING REGULATIONS
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
and enact on second reading Ordinance 2015 -04 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 19, "OFFENSES AND
MISCELLANEOUS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY
ADOPTING A NEW SECTION 19 -12, "PANHANDLING;" PROVIDING FOR INTENT;
PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF CERTAIN
CONDUCT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing.
Brian Zwergel, 28 Yacht Club Drive, noted that enforcement of the ordinance might be difficult
on the Village's borders because panhandlers could just move to the other side of the street.
Mayor Gebbia closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -04 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -05 — CODE AMENDMENT —
POLICE AND FIRE PENSION PLAN AMENDMENT
A motion was made by Councilmember Aubrey and seconded by President Pro Tern Bush to
adopt and enact on second reading Ordinance 2015 -05 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR
FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT
SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2 -159, "CREATION OF TRUST AND DEFINITIONS,"
TO AMEND THE DEFINITION OF EARNINGS TO CAP THE NUMBER OF OVERTIME
HOURS FOR FIREFIGHTERS AND AMENDING SECTION 2 -163, "CONTRIBUTIONS," TO
INCREASE FIREFIGHTER MEMBER CONTRIBUTIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held April 9, 2015 Page 3 of 5
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -05 — CODE AMENDMENT -
-� POLICE AND FIRE PENSION PLAN AMENDMENT continued
Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -05 on second reading passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -06 — CHARTER
AMENDMENT — CHANGING THE DATE FOR SPECIAL ELECTIONS
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
and enact on second reading Ordinance 2015 -06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING SECTION 5, "VACANCIES; FORFEITURE OF OFFICE;
FILLING OF VACANCIES," OF ARTICLE III, "LEGISLATIVE," OF THE VILLAGE CHARTER
TO CHANGE THE RUNOFF DATE FOR SPECIAL ELECTIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -06 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2015 -07 — CODE AMENDMENT — COMMERCIAL
SANITATION SERVICE COLLECTION PROCEDURES
A motion was made by Councilmember Aubrey and seconded by President Pro Tern Bush to
adopt on first reading Ordinance 2015 -07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL,"
ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND
SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14 -30,
"COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION
PROCEDURES," TO REMOVE THE REFERENCE TO DUMPSTER SIZE AND PROVIDE
FOR VILLAGE COLLECTION UNLESS THE VILLAGE IS UNABLE TO MEET SERVICE
DEMANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly noted the new front -load sanitation collection trucks are capable of servicing dumpsters
up to 10 yards. Mr. Kelly recommended amending the Village Code to provide that the
collection of garbage and trash by a private person, firm or corporation is prohibited except
where the Village is unable to meet service demands.
Thereafter, the motion to adopt Ordinance 2015 -07 on first reading passed unanimously.
Minutes of Village Council Regular Session held April 9, 2015 Page 4 of 5
CONSENT AGENDA APPROVED
Vice Mayor Norris moved to approve the consent agenda. Councilmember Pierman seconded
the motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Planning Commission meeting held 3/3/15
Receive for file Minutes of the Waterways Board meeting held 3/24/15
RESOLUTION 2015 -32 — HYDRAULIC EXTRICATION EQUIPMENT PURCHASE
A motion was made by President Pro Tem Bush and seconded by Councilmember Aubrey to
adopt Resolution 2015 -32 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF HOLMATRO
HYDRAULIC EXTRICATION EQUIPMENT PURSUANT TO PRICING ESTABLISHED BY
H -GAC COOPERATIVE PURCHASING PROGRAM; AUTHORIZING THE SOLE SOURCE
PURCHASE OF RELATED EQUIPMENT; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH H -GAC;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO TRANSFER
$70,510.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE — MACHINERY AND
EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Kelly advised that the equipment recommended by Fire Rescue could be procured at a cost
savings through the Houston - Galveston Area Council (H -GAC) contract; which would require
that the Village become a party to the H -GAC cooperative purchasing program. Mr. Kelly noted
that certain equipment not covered by the H -GAC contact would be purchased separately.
Discussion ensued regarding the H -GAC cooperative purchasing program. Mr. Rubin explained
that in order to utilize their pricing, the Village must certify that it is an eligible entity and
become part of the H -GAC program. Mr. Kelly confirmed that there is no cost to participate.
Thereafter, the motion to adopt Resolution 2015 -32 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Councilmember Aubrey reminded Council of the construction kickoff ceremony on April 11, 2015
for the new Doris Italian Market.
Regarding the traffic circulation complaint at Village Garden Apartments, President Pro Tem Bush
requested that in future, staff communicate with the residents before changes are implemented.
Regarding the updating of the Village's land development codes, President Pro Tem Bush
commented on the need for discussion of the ultimate goals for our commercial corridor.
President Pro Tem Bush discussed communicating with residents via social media, and
establishing policies and procedures for social media communication from elected officials and
administration. President Pro Tem Bush will provide the manager and clerk with a copy of the
Town of Jupiter's recent presentation on this subject.
Minutes of Village Council Regular Session held April 9, 2015 Page 5 of 5
VILLAGE COUNCIL MATTERS /REPORTS continued
Councilmember Pierman commented on community service and the benefits of mentoring youth
and offering them the opportunity to serve and give back to their community, thereby building a
better world for us all.
Vice Mayor Norris suggested holding a workshop for further discussion of the Village code re- write.
Vice Mayor Norris requested that staff consider the suggestions put forth for controlling the flow
of traffic adjacent to Village Garden Apartments.
Vice Mayor Norris requested an update on compliance with the Northlake Boulevard Overlay
Zoning regulations. Mr. Kelly will provide a status report at the next meeting.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly read a letter thanking the Village's Fire Rescue squad for their competence and care
when called to assist a patron who suffered a heart attack while on the tennis court.
Mr. Kelly asked to meet with the Council in mid -May for a strategy session to discuss the vision
for the community as well as the timeline for construction of a new clubhouse at the Country Club.
Mr. Kelly requested Council authorization to begin drafting a Request for Qualifications (RFQ)
for companies with experience in planning country clubs and recreational facilities. By consensus,
Council approved this request.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:17 p.m.
Melissa Teal, CMC, Village Clerk