05-28-2015 VC REG-Mi
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 28, 2015
Present: Robert A. Gebbia, Mayor
David B. Norris, Vice Mayor
Doug Bush, President Pro Tem.
Darryl C. Aubrey, Sc.D., Councilmember
Mark Mullinix, 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
Councilmember Aubrey gave the invocation and President Pro Tern Bush led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held May 14, 2015 were approved as written.
RESOLUTION 2015 -40 — ACCEPTING SPECIAL ELECTION RESULTS
A motion was made by President Pro Tern Bush and seconded by Vice Mayor Norris to adopt
Resolution 2015 -40 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MAY 12, 2015
SPECIAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2015 -40 passed unanimously.
ADMINISTRATION OF COUNCILMEMBER OATH
Village Clerk Melissa Teal administered the Oath of Office to newly elected councilmember
Mark Mullinix. Said Oath is attached to the official Minutes of Record.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -09 — MARCH 2016
ELECTION AND QUALIFYING DATES
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
and enact on second reading Ordinance 2015 -09 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CHANGING THE DATE OF THE MARCH 2016 GENERAL ELECTION TO
COINCIDE WITH THE STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY;
ESTABLISHING THE DATES FOR QUALIFICATION OF CANDIDATES; PROVIDING
FOR COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING FOR
TRANSMITTAL TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held May 28, 2015 Page 2 of 3
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -09 — MARCH 2016
ELECTION AND QUALIFYING DATES continued
C/ Mayor Gebbia opened the public hearing. There being no comments from the P ublic, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -09 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2015 -10 — CODE AMENDMENT — LAND
DEVELOPMENT REGULATIONS FOR ASSISTED LIVING FACILITIES
A motion was made by President Pro Tern Bush and seconded by Councilmember Aubrey to
adopt on first reading Ordinance 2015 -10 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 ADOPT REGULATIONS APPLICABLE TO ASSISTED LIVING
FACILITIES; AMENDING SECTION 45 -2, "DEFINITIONS," OF ARTICLE I, "IN GENERAL,"
TO ADD A DEFINITION FOR ASSISTED LIVING FACILITY; AMENDING SECTION 45 -32,
"C -lA LIMITED COMMERCIAL DISTRICT," OF ARTICLE III, "DISTRICT REGULATIONS,"
TO ADD ASSISTED LIVING FACILITIES AS A PERMITTED USE AND PROVIDE
DEVELOPMENT REGULATIONS FOR SUCH FACILITIES; AMENDING SECTION 45 -35.1,
"PLANNED UNIT DEVELOPMENT," OF ARTICLE III, "DISTRICT REGULATIONS," TO
ALLOW APPLICANTS FOR ASSISTED LIVING FACILITIES TO REQUEST A WAIVER OF
OFF - STREET PARKING AND MINIMUM DWELLING UNIT SIZE REQUIREMENTS
WHERE JUSTIFIED; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly stated the proposed ordinance would establish land development regulations to implement
the Comprehensive Plan Amendment allowing Assisted Living Facilities as commercial planned
unit developments within the C 1 -A Limited Commercial Zoning District.
Thereafter, the motion to adopt Ordinance 2015 -10 on first reading passed unanimously.
CONSENT AGENDA APPROVED
President Pro Tern Bush moved to approve the consent agenda. Vice Mayor Norris seconded the
motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Police & Fire Pension Board meeting held 2/17/15
Receive for file Minutes of the Police & Fire Pension Board meeting held 3/10/15
Receive for file Minutes of the Golf Advisory Board meeting held 4/20/15
Receive for file Minutes of the Recreation Advisory Board meeting held 5/12/15
Councilmember Aubrey requested that the actuaries provide the Council with a status report
showing the funding level of the Village's pension plans as of September 30, 2014.
RESOLUTION 2015 -41— LICENSE AGREEMENT TO UTILIZE THE COUNTRY CLUB POOL
A motion was made by President Pro Tern Bush and seconded by Councilmember Aubrey to
adopt Resolution 2015 -41 entitled:
Minutes of Village Council Regular Session held May 28, 2015 Page 3 of 3
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A LICENSE AGREEMENT WITH RICHARD E. CAVANAH, INC.
(� TO UTILIZE THE COUNTRY CLUB POOL FOR ORGANIZED SWIM TRAINING ACTIVITIES
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT
ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly reported the license agreement allows Mr. Cavanah to utilize the pool to provide organized
swim training activities and would replace the existing Independent Contractor Agreement.
Mr. Kelly reviewed the duration of the agreement. Mr. Kelly advised a contract would be brought
to Council on June 11, 2015 to pay Mr. Cavanah for pool management during a three -month
transition phase, after which Recreation Department employees will manage the pool facility.
Discussion took place regarding the timeframe for the license agreement and the pending
management agreement. Discussion ensued concerning lessons.
Thereafter, the motion to adopt Resolution 2015 -41 passed unanimously.
RESOLUTION 2015 -42 — CHANGE ORDER FOR STORM DRAINAGE SYSTEM DATA
COLLECTION AND MAPPING SERVICES
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
Resolution 2015 -42 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING THE ISSUANCE OF A CHANGE ORDER TO ENGENUITY
GROUP, INC. FOR STORM DRAINAGE SYSTEM DATA COLLECTION AND MAPPING
SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly reported the original proposal was based on archived stormwater system records; however,
an additional 117 structures were identified. Mr. Kelly stated the change order amount is $8,775.00.
Thereafter, the motion to adopt Resolution 2015 -42 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Members of the Council expressed the need to work with a planner to develop a vision and plan
for the future, prior to revision of the Village's land development codes. Mr. Kelly met with the
Treasure Coast Regional Planning Council ( TCRPC), who will provide a proposal. It was requested
that Mr. Kelly provide a preliminary schedule for both the visioning and code revision process.
Mr. Kelly will work with TCRPC and the Village's consultants to come up with a timeline.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly reported cancelling the contract for Tennis Professional Services with Kim Franklin,
and advised the Village would assume operation of the Tennis Facility on June 22, 2015.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:04 p.m.
Melissa Teal, CMC, Village Clerk
OATH OF OFFICE
State of Florida )
County of Palm Beach )
Village of North Palm Beach )
ss.
I, Mark Mullinix, do solemnly swear or affirm that I will support, protect, and
defend the Constitution and Government of the United States and of the State of
Florida; that I am duly qualified to hold office under the Constitution of the
State, and that I will well and faithfully perform the duties of Coun Imember on
which I am now about to enter, so
Sworn to and subscribed before me this 28th day of May, 2015, by Mark Mullinix, who
is personally known to me.
m%A TEAL Melissa A. Teal
NO" poft. ;'Uft of 'raw Notary Public — State of Florida
MY COMM J013 My Commission Expires July 13, 2017
Commission # FF 015484
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