01-12-2017 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 12, 2017
Present: David B. Norris, Mayor
Doug Bush, Vice Mayor
Darryl C. Aubrey, Sc.D., President Pro Tem.
Robert A. Gebbia, Councilmember
Mark Mullinix, Councilmember
Sarnia Janjua, Interim Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Cleric
ROLL CALL
Mayor Norris 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 Bush gave the invocation and Mayor Norris led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The Minutes of the Regular Session held December 8, 2016 and Minutes of the Special Session
held December 12, 2016 were approved as written.
STATEMENTS FROM THE PUBLIC
Ms. Gabriele St. Martin, Science Department Chair, introduced middle school students from
The Benjamin School who presented their Public Service Announcement on the harmful effects
of plastic bags on sea turtles. The students urged the Village Council to support legislation
amending Florida Statutes to allow cities to ban plastic bags.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017 -01— ZONING MORATORIUM
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt and enact on second reading Ordinance 2017 -01 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 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.
Mayor Norris opened the public hearing. There were no comments from the public. Mayor Norris
closed the public hearing.
Mr. Rubin stated within six months of passage of the constitutional amendment, the Department
of Health must establish procedures and regulations regarding medical marijuana, and within
nine months of passage, must implement the program. Mr. Rubin concurred that the Council could
take action to lift the moratorium sooner than one year, if Village regulations were in place.
Thereafter, the motion to adopt and enact Ordinance 2017 -01 on second reading passed 4 — 1, with
Councilmember Mullinix, President Pro Tem Aubrey, Councilmember Gebbia, and Mayor Norris
voting in favor, and Vice Mayor Bush opposed.
Minutes of Village Council Regular Session lield January 12, 2017 Page 2 of 5
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017 -02 — GENERAL
EMPLOYEES RETIREMENT BOARD
A motion was made by Councilmember Gebbia and seconded by President Pro Tern Aubrey to
adopt and enact on second reading Ordinance 2017 -02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING DIVISION 3, "PENSION AND CERTAIN OTHER BENEFITS FOR
GENERAL EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS,"
OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 2 -151 TO SPECIFY THE TERMS FOR RESIDENT MEMBERS OF
THE GENERAL EMPLOYEES RETIREMENT BOARD; MODIFYING AND STAGGERING
THE TERMS OF CURRENT AND FUTURE MEMBERS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Norris opened the public hearing. There were no comments from the public. Mayor Norris
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2017 -02 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2017 -03 — COMMUNICATIONS SERVICES CODE AMENDMENT
A motion was made by Councilmember Mullinix and seconded by Councilmember Gebbia to
adopt on first reading Ordinance 2017 -03 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING COMPREHENSIVE REVISIONS TO CHAPTER 29,
"TELECOMMUNICATIONS," AND RENAMING THE CHAPTER "COMMUNICATIONS
SERVICES;" ADOPTING REVISED DEFINITIONS IN CONFORMANCE WITH STATE
AND FEDERAL LAW; DELETING PROVISIONS SUPERSEDED BY STATE STATUTE;
PROVIDING FOR WIRELESS COMMUNICATIONS FACILITIES AND DESIGN
STANDARDS; PROVIDING FOR AN UPDATED AND REVISED PERMITTING PROCESS;
REQUIRING DESIGN FEATURES FOR CERTAIN ABOVE GROUND FACILITIES;
PROVIDING PARAMETERS FOR THE PLACEMENT OF WIRELESS COMMUNICATIONS
FACILITIES IN RESIDENTIAL RIGHTS -OF -WAY; PROVIDING A WAIVER PROCESS;
REVISING THE INSURANCE AND BOND REQUIREMENTS; INCREASING THE
MAXIMUM FINE AMOUNT; PROVIDING FOR RESERVATION OF RIGHTS; PROVIDING
FOR REGULATION OF PASS - THROUGH PROVIDERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin noted two changes since the November 10, 2016 Workshop Session: 1) the ordinance
was revised to provide for Planning Commission review of any waiver request; and 2) Verizon
representative Janna Lhota provided photo examples of small cellular equipment boxes installed
on existing poles. Mr. Rubin stated staff worked with all the providers who offered comments
on the ordinance in order to balance Village rights with the needs of an ever evolving industry.
Thereafter, the motion to adopt Ordinance 2017 -03 on first reading passed unanimously.
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CONSENT AGENDA APPROVED
Councilmember Mullinix moved to approve the consent agenda. President Pro Tern Aubrey
seconded the motion, which passed unanimously. The following items were approved:
Receive for file Minutes of the Planning Commission meeting held 11/1/16
Receive for file Minutes of the Police and Fire Pension Board meeting held 11/15/16
Receive for file Minutes of the Library Advisory Board meeting held 11/22/16
Receive for file Minutes of the Audit Committee meeting held 12/6/16
Receive for file Minutes of the Recreation Advisory Board meeting held 12/13/16
Receive for file Minutes of the Golf Advisory Board meeting held 12/19/16
RESOLUTION 2017 -01 — GENERAL EMPLOYEES RETIREMENT BOARD APPOINTMENT
Mrs. Teal reported on the term expiration of General Employees Retirement Board resident member
Alan Kral. Mrs. Teal stated Mr. Kral wished to continue to serve and noted his professional experience
and knowledge of Board actions make him an asset to the Board. Mrs. Teal stated if Council approves
his appointment, Mr. Kral would serve an extended two -year term expiring April 30, 2019.
A motion was made by President Pro Tern Aubrey, seconded by Councilmember Gebbia, and passed
unanimously, to appoint Alan Kral as a resident member of the General Employees Retirement Board.
Thereafter the name of Alan Kral was entered into Resolution 2017 -01.
A motion was made by Councilmember Gebbia and seconded by Vice Mayor Bush to adopt
Resolution 2017 -01 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPOINTING A RESIDENT MEMBER TO THE GENERAL EMPLOYEES
RETIREMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2017 -01 passed unanimously.
RESOLUTION 2017 -02 — INTERLOCAL AGREEMENT FOR NPDES (NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM) FOURTH CYCLE PERMIT
A motion was made by Councilmember Gebbia and seconded by Vice Mayor Bush to adopt
Resolution 2017 -02 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT FOR THE NPDES FOURTH CYCLE PERMIT
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Janjua and Mr. Rubin explained that because the Village's storm water system drains into the
tidal waters of the Lake Worth Lagoon and Intracoastal Waterway, the National Pollutant Discharge
Elimination System ( NPDES) requires a permit for this discharge. Mrs. Janjua stated that each of the
40 governmental entities covered by the Florida Department of Environmental Protection permit must
enter into an Interlocal Agreement with the Northern Palm Beach County Improvement District as the
lead Permittee and pay the District for its services. The payment for Fiscal Year 2017 is $6,343.00.
Thereafter, the motion to adopt Resolution 2017 -02 passed unanimously.
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RESOLUTION 2017 -03 — SANITATION COLLECTION DUMPSTER PURCHASE
A motion was made by Councilmember Mullinix and seconded by President Pro Tern Aubrey to
adopt Resolution 2017 -03 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING THE PURCHASE OF 52 FRONT -LOAD SANITATION
COLLECTION DUMPSTERS FROM IRON CONTAINER, LLC UTILIZING PRICING
ESTABLISHED BY A CITY OF BOYNTON BEACH CONTRACT AND THE PURCHASE
OF 29 FRONT -LOAD SANITATION COMPACTION DUMPSTERS FROM LJB EQUIPMENT
SALES COMPANY, INC. UTILIZING PRICING ESTABLISHED BY A NATIONAL JOINT
POWERS ALLIANCE COOPERATIVE AGREEMENT; AUTHORIZING THE PURCHASE
OF RELATED EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND
VILLAGE CLERK TO AMEND THE CAPITAL PROJECT FUNDS BUDGET TO
TRANSFER $83,723.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE
SANITATION — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Janjua requested approval to purchase 52 additional front -load dumpsters and 29 front -load
compaction dumpsters in order to complete the conversion from rear -load to front -load sanitation
dumpsters. Mrs. Janjua described the areas where the new dumpsters will be used.
Discussion ensued concerning whether the Village or lessee is responsible for maintenance of the
front -load compaction dumpsters. Staff was directed to report back to Council regarding the
allocation of costs for maintenance of the compaction dumpsters.
Thereafter, the motion to adopt Resolution 2017 -03 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Discussion was held regarding the Village Manager selection and interview process. Mrs. Teal
reported that interviews would be held January 27 -28, 2017. A public reception to meet the
candidates for Village Manager will be held at the North Palm Beach Country Club on Friday,
January 27th at 6:30 p.m., followed by a public interview meeting on Saturday, January 29th at
10:00 a.m. in the Village Hall Council Chambers.
Discussion took place concerning the City of Palm Beach Gardens annexation report, in which
Palm Beach Gardens identified unincorporated areas for potential annexation. Village staff attended
the Palm Beach Gardens City Council meeting to express the Village's concern over the City's
inclusion of areas that have been on the Village's future annexation area (FAA) map for years.
Community Development Director Denise Malone reported sending a follow -up letter to the City
of Palm Beach Gardens specifically objecting to the inclusion in its annexation study of an area
north of Northlake Boulevard and west of Alternate AIA, and suggesting a meeting between
Village and City staff to move forward in resolving this and other FAA conflicts.
( Discussion ensued regarding determining specific actions the Village could take to encourage
property owners in the Village's FAA to annex into North Palm Beach. Further discussion on
annexation issues will be placed on an upcoming Workshop Session agenda.
Minutes of Village Council Regular Session held January 12, 2017 Page 5 of 5
VILLAGE MANAGER MATTERS
Mr. Huff reported on the new Kubota vehicle being tested by the Sanitation Department as a
replacement for the jitneys currently used for household sanitation collection.
Councilmember Mullinix expressed concern about the quality of the new palm trees being
planted in the U.S. Highway One medians. Special Projects Manager Chuck Huff advised that
staff would contact the contractor.
Councilmember Mullinix commented on the proposed area for a North County regional park and
suggested that the Village support county ownership of the land when this topic is discussed
during meetings of the North County Intergovernmental Committee.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:36 p.m.
Melissa Teal, MMC, Village Cleric