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04-13-2017 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 13, 2017 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor Mark Mullinix President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL 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 Tem Mullinix gave the invocation and Vice Mayor Gebbia led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held March 23, 2017 were approved as written. DECLARATION OF EX PARTE COMMUNICATIONS The following ex parte communications were disclosed: Councilmember Norris reported telephone conversations with applicant Marty Perry to discuss the merits of the Memory Care project, and a meeting on April 10, 2017 with Tim Hullihan, Alison Harvey, and one other person to discuss the merits of the project versus the Master Plan. President Pro Tem Mullinix reported a meeting with Alison Harvey on April 11, 2017 to discuss how the Memory Care project might affect the Master Plan, and a telephone call from Doug DeSantis on April 13, 2017 to discuss the Memory Care project and how it might affect development of the Village. Mayor Aubrey reported a meeting with Marty Perry and Mark Ambach on March 8, 2017 regarding the Memory Care project, and a meeting with Tim Hullihan, Alison Harvey, and Margaret Rainforth on April 13, 2017 to discuss the Memory Care project. Vice Mayor Gebbia reported a meeting with Mr. Perry regarding the Memory Care project on March 7, 2017 and a telephone call from Mr. Perry in April regarding the updated status of the project. Vice Mayor Gebbia reported a meeting with Tim Hullihan, Alison Harvey, and one other resident on April 10, 2017 to discuss their concerns with the applications for the project. Councilmember Bickel reported a meeting on March 7, 2017 with the Memory Care project applicants Mr. Perry and Mr. Ambach to discuss their plans for the property, and telephone calls regarding the project from Maria Cassidy on March 9, 2017, Tim Hullihan on March 26, 2017, and Alison Harvey. Minutes of Village Council Regular Session held April 13, 2017 Page 2 of 6 NORTH PALM BEACH COMMONS MEMORY CARE Mr. Lukasik reported that the applications under consideration, if approved, would allow for construction of a 37,404 square foot assisted living facility and a 6,000 square foot commercial facility. Mr. Lukasik explained that the project would require (1) rezoning the property from C -A to C -IA to allow the assisted living facility to locate on the property; and (2) approval of a commercial planned unit development with waivers, including site plan approval. Mr. Lukasik advised that staff recommended denial of the rezoning, commercial planned unit development, and site plan, due to inconsistencies with the Village's Comprehensive Plan and zoning code, and the Master Plan report. Village Planner Erin Sita gave a presentation on the application submitted by Joni Brinkman, Urban Design Kilday Studios, on behalf of Commons at North Palm, LLC and 639 US Highway 1, LLC for rezoning, commercial planned unit development (CPUD), and site plan approval for the North Palm Beach Commons Memory Care project on two parcels of real property totaling 2.72 acres located on the west side of U.S. Highway One, between Lighthouse Drive and Ebbtide Drive. Mrs. Sita reviewed uses currently allowed in the C -A and C -IA zoning districts. Mrs. Sita expressed concern that the proposed project downzones the property, as C-lA is a more restrictive zoning district, which could limit future uses and development opportunities, and is not consistent with the future vision of the U.S. Highway One commercial corridor and the Master Plan. Mrs. Sita advised that staff recommends denial of the request and detailed the actions available to Council: (1) deny the request, (2) approve the rezoning and CPDD, or (3) approve the rezoning and CPUD with conditions (as detailed in the staff report). Joni Brinkman, Urban Design Kilday Studios, gave a presentation on behalf of the applicant and detailed the conditions and waivers that would be required. Additionally, Ms. Brinkman presented a video of the Silver Companies Poet's Walk development. Property owner Martin Perry addressed the Council on behalf of the applicant. Mr. Perry submitted petitions and a letter for the record. Mark Ambach, President of Silver Capital Development Company at Silver Companies addressed the Council concerning the size and configuration of the Memory Care facility. FIRST READING OF ORDINANCE 2017-06 — REZONING 2.72 ACRES OF PROPERTY A motion was made by Councilmember Norris and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2017-06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF REAL PROPERTY TOTALING APPROXIMATELY 2.72 ACRES LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE AND SOUTH OF LIGHTHOUSE DRIVE AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -A COMMERCIAL ZONING DISTRICT TO THE C -IA LIMITED COMMERCIAL ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Ordinance 2017-06 on first reading passed 3 -2, with Councilmember Norris, Vice Mayor Gebbia, and Mayor Aubrey voting in favor, and President Pro Tem Mullinix and Councilmember Bickel opposed. Minutes of Village Council Regular Session held April 13, 2017 Page 3 of 6 FIRST READING OF ORDINANCE 2017-07 — NORTH PALM BEACH COMMONS MEMORY CARE CPUD A motion was made by Councilmember Norris and seconded by Vice Mayor Gebbia to adopt on first reading Ordinance 2017-07 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 2.72 ACRES OF REAL PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE AND SOUTH OF LIGHTHOUSE DRIVE AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Ordinance 2017-07 on first reading passed 3-2, with Councilmember Norris, Vice Mayor Gebbia, and Mayor Aubrey voting in favor, and President Pro Tem Mullinix and Councilmember Bickel opposed. CONSENT AGENDA APPROVED Vice Mayor Gebbia moved to approve the consent agenda. Councilmember Bickel seconded the motion, which passed unanimously. The following items were approved: Receive for file Minutes of the Police and Fire Pension Board meeting held 12/13/16 Receive for file Minutes of the Zoning Board of Adjustment meeting held 2/2/17 Receive for file Minutes of the Audit Committee meeting held 3/6/17 Receive for file Minutes of the Planning Commission meeting held 3/7/17 Receive for file Minutes of the Golf Advisory Board meeting held 3/20/17 Receive for file Minutes of the Waterways Board meeting held 3/21/17 RESOLUTION 2017-29 — NORTHLAKE STORAGE PUD AMENDMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE NORTHLAKE STORAGE COMMERCIAL PLANNED UNIT DEVELOPMENT TO AMEND THE SITE PLAN TO DEPICT THE LOCATION OF THE SELF -STORAGE WALL SIGN AND MODIFY THE LOCATION OF THE MONUMENT SIGN AND AMEND THE MASTER SIGN CONCEPT TO INCLUDE BRANDED SIGNAGE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Planner Erin Sita explained the amendment would allow the applicant, CubeSmart, to utilize its trademarked brand on the proposed wall and monument signs located at 545 Northlake Boulevard. Mrs. Sita reviewed provisions of the CPUD approved in 2015. Mrs. Sita noted this item was discussed by Council at its February 23, 2017 Regular Session and tabled, pending review by the Planning Commission. At its March 3, 2017 meeting, the Planning Commission approved the revised application with conditions, stated Mrs. Sita, and on March 20, 2017 the applicant submitted additional revisions. Mrs. Sita reviewed the applicant's current request. Minutes of Village Council Regular Session held April 13, 2017 Page 4 of 6 RESOLUTION 2017-29 — NORTHLAKE STORAGE PUD AMENDMENT continued Mrs. Sita stated the telephone number would need to be removed from the proposed monument sign as a condition of approval because it's not permitted by Village Code. Mrs. Sita reported the applicant agreed to this condition. George Gentile, Gentile Glas Holloway O'Mahoney and Associates, addressed the Council on behalf of CubeSmart. Mr. Gentile confirmed the applicant agreed to all the conditions and advised his firm would be modifying the site plan for CubeSmart. Council requested the address number on the CubeSmart monument sign be changed from black to green to match the Flagler Bank sign. Mr. Gentile agreed to this change. Thereafter, the motion to adopt Resolution 2017-29 passed unanimously. RESOLUTION 2017-30 — AMENDMENT TO LEASE AGREEMENT FOR FOOD AND BEVERAGE A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt Resolution 2017-30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE MONTH TO MONTH LEASE AGREEMENT WITH RBI RESTAURANT, LLC FOR FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik noted the loss of revenue and additional expenses incurred by RBI Restaurant LLC due to the delay in moving to temporary facilities at the North Palm Beach Country Club. Mr. Lukasilc recommended an adjustment of the annual lease amount from $3,000.00 per month to $650.00 per month. Councilmember Norris declared a voting conflict and did not participate in the discussion or vote. Thereafter, the motion to adopt Resolution 2017-30 passed 4 — 0. RESOLUTION 2017-31 — EXTENDING EMERGENCY PURCHASE FOR TEMPORARY CHILLER AT NORTH PALM BEACH COUNTRY CLUB A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2017-31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXTENDING THE EMERGENCY PURCHASE FROM CARRIER CORPORATION FOR THE USE OF A TEMPORARY CHILLER FOR THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasilc explained the need to extend use of the temporary chiller at the Country Club through July 15, 2017 at an additional cost of $16,236.00. Thereafter, the motion to adopt Resolution 2017-31 passed unanimously. Minutes of Village Council Regular Session held April 13, 2017 Page 5 of 6 RESOLUTION 2017-31 — CONSTRUCTION MANAGEMENT CONSULTING SERVICES CONTRACT FOR THE NORTH PALM BEACH COUNTRY CLUB CLUBHOUSE PROJECT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY GAUDET ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT CONSULTING SERVICES FOR THE NORTH PALM BEACH COUNTRY CLUB CLUBHOUSE PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported on the Request for Proposals for Construction Management Consulting Services in order to obtain assistance throughout the clubhouse process. Mr. Lukasik stated the initial term of the contract would be six months or until the Village retains a General Contractor. Mr. Lukasik recommended accepting the proposal of Gaudet Associates, Inc. at a cost of $52,750.00. Thereafter, the motion to adopt Resolution 2017-31 passed unanimously. RESOLUTION 2017-32 — FLORIDA INLAND NAVIGATON DISTRICT GRANT APPLICATION A motion was made by Councilmember Norris and seconded by Vice Mayor Gebbia to adopt Resolution 2017-32 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM AND PROVIDING FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik stated the application is for a $200,000.00 matching grant to be used for pedestrian facilities, bulkhead repair, and seating and shade opportunities at Anchorage Park. Thereafter, the motion to adopt Resolution 2017-32 passed unanimously. RESOLUTION 2017-33 — FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT GRANT APPLICATION A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2017-33 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM FOR THE ANCHORAGE PARK PROJECT AND PROVIDING FOR ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED CERTIFICATIONS; ( AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik stated the application is for a $200,000.00 matching grant for Anchorage Park. Thereafter, the motion to adopt Resolution 2017-32 passed unanimously. Minutes of Village Council Regular Session held April 13, 2017 Page 6 of 6 VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey suggested placing a Zoning -in -Progress ordinance on an upcoming agenda and Council concurred. VILLAGE MANAGER MATTERS Actuary Doug Lozen of Foster and Foster addressed the Council and distributed an actuarial update on the Fire and Police Retirement Fund. Mr. Lukasik stated concerns had been raised about occupancy in single-family homes as it relates to the use of private docks behind the homes. Mr. Lukasik related a call from residents at Northlake Villas who expressed concern about dock rentals to individuals who are not owners or tenants in the condominium. Mr. Lukasik stated because the condominium is located in the R-3 zoning district, these docks are considered to be commercial docks. In both instances, Mr. Lukasik noted these uses have created concerns about transient traffic and its impact on the neighborhood. Additionally, with regard to single-family homes, the homes may be unoccupied or not used in accordance with the characteristics of a residential neighborhood. Mr. Lukasik referenced Code provisions related to boat mooring at private docks and commercial docks. Mr. Lukasik offered recommendations and suggestions for amending the code to address these issues, and reviewed questions that would need to be addressed. Mr. Lukasik will ask the Waterways Board to offer input on these issues. By consensus, Council agreed to consider a code amendment to preclude mooring vessels at private docks across property lines. REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) Chairman Tom Magill presented the Annual Report of the Audit Committee. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:58 p.m. Melissa Teal, MMC, Village Clerk r FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris David B. Village Council of the Village of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. Highway 1 WHICH I SERVE IS A UNIT OF: 5d CITY ❑ COUNTY L3OTHER LOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm Beach Palm Beach Village of North Palm Beach DATE ON WHIC VOTE OCCURRED MY POSITION IS: & ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(0, F.A.C. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST David B. Norris , hereby disclose that on - kX ( L / �3 , 20 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my inured to the special gain or loss of _ whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. �\ 4�1:3 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.