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12-14-2017 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 14, 2017 Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, Councilmember Mark Mullinix President Pro Tem Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Lara Donlon, 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 Tem Mullinix gave the invocation and Vice Mayor Gebbia led the public in the Pledge. AWARDS AND RECOGNITION The Village Council presented Certificates of Commendation to the North Palm Beach Swim Club 10 and Under Girls Team for athletic achievement. The team won 1st Place Overall Team Scoring at the 2017 Summer Junior Olympics. Coach Aguirre detailed each swimmer's achievements. The Village Council presented Certificates of Commendation to the North Palm Beach County Intermediate 50/70 Baseball Team. After winning the State Tournament for three consecutive years, the team won the Southeast Region Championship and represented the Southeast Region at the 2017 Intermediate 50/70 Baseball World Series in California. APPROVAL OF MINUTES The Minutes of the Regular Session held November 9, 2017 and Minutes of the Special Session held November 15, 2017 were approved as written. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-21 - ZONING CODE AMENDMENT — MEDICAL MARIJUANA TREATMENT CENTERS A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt and enact on second reading Ordinance 2017-21 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; AMENDING ARTICLE II, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS," TO ADD A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-38, "I-1 LIGHT INDUSTRIAL DISTRICT," TO PROVIDE A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER AND TO ALLOW MEDICAL MARIJUANA TREATMENT CENTERS AS A PERMITTED USE SUBJECT TO ADDITIONAL RESTRICTIONS; ADOPTING A NEW SECTION 45-39, "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES," TO PROHIBIT SUCH FACILITIES WITHIN THE VILLAGE'S CORPORATE LIMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held December 14, 2017 Page 2 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-21 - ZONING CODE AMENDMENT — MEDICAL MARIJUANA TREATMENT CENTERS continued Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-21 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-22 - ZONING CODE AMENDMENT — GROUP LIVING FACILITIES A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2017-22 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; AMENDING ARTICLE II, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS," TO ADD DEFINITIONS FOR THE TERM COMMUNITY RESIDENCE AND PERSONAL CARE AND AMEND THE DEFINITIONS FOR THE TERM FAMILY AND COMMUNITY RESIDENTIAL HOME; ADOPTING A NEW SECTION 45-24, "GROUP LIVING FACILITIES," TO REQUIRE A BUSINESS TAX RECEIPT AND ANNUAL FIRE INSPECTION AND ADOPTING A NEW SECTION 45-25, "REASONABLE ACCOMMODATION PROCEDURE," TO CODIFY AND MODIFY THE PROCEDURE PREVIOUSLY ADOPTED BY RESOLUTION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the zoning code amendment. Mr. Lukasik noted the proposed language regarding impervious surfaces had been deleted pursuant to Council discussion at first reading. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-22 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-23 - ZONING CODE AMENDMENT — WALLS AND FENCES IN PUBLIC DISTRICT A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt and enact on second reading Ordinance 2017-23 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO ALLOW THE VILLAGE COUNCIL TO EXEMPT PROPERTIES WITHIN THE PUBLIC ZONING DISTRICT FROM HEIGHT RESTRICTIONS PERTAINING TO WALLS AND FENCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik noted the proposed zoning code change was prompted by the design of the security wall around the boat storage facility at Anchorage Park. Mr. Lulcasilc reported the ordinance was revised to provide that exemptions to height restrictions would be determined by the Council based on the public health, safety, and welfare. Minutes of Village Council Regular Session held December 14, 2017 Page 3 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-23 - ZONING CODE AMENDMENT — WALLS AND FENCES IN PUBLIC DISTRICT continued Mayor Aubrey opened the public hearing. John Samadi, 512 Marlin Road, felt the changes would create unnecessary paperwork and delay. Mr. Samadi suggested that the maximum height of walls and fences in the Public district shall be eight feet unless otherwise approved by the Village Council. There being no further comments from the public, Mayor Aubrey closed the public hearing. Discussion ensued regarding Mr. Samadi's suggestion. It was determined that adopting the ordinance as written would allow for public comment on any proposed exemptions to the current height limit of six feet. Thereafter, the motion to adopt and enact Ordinance 2017-23 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-24 — CODE AMENDMENT — FIRE PREVENTION CODE AND PROPERTY MAINTENANCE AND HOUSING STANDARDS A motion was made by Councilmember Bickel and seconded by Vice Mayor Gebbia to adopt and enact on second reading Ordinance 2017-24 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," OF CHAPTER 12, "FIRE PREVENTION AND PROTECTION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 12-16, "ADOPTED BY REFERENCE," TO PROVIDE FOR ENFORCEMENT OF THE FLORIDA FIRE PREVENTION CODE BY THE FIRE RESCUE DEPARTMENT; AMENDING CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE I, "IN GENERAL," AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE I, "PROPERTY MAINTENANCE STANDARDS," AND A NEW ARTICLE III, "MINIMUM HOUSING STANDARDS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik stated the ordinance provides for (1) the adoption, by reference, of the most recent fire codes and exclusive enforcement of the Fire Prevention Code by Village Fire Rescue; and (2) the adoption of property maintenance standards and minimum housing standards. Mr. Lukasik reviewed the changes made pursuant to Council discussion at first reading. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Discussion tools place concerning the revisions to Section 15-6, Extermination. Thereafter, the motion to adopt and enact Ordinance 2017-24 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-25 — RECREATIONAL TRAILS PROGRAM GRANT AGREEMENT AND BUDGET AMENDMENT A motion was made by Vice Mayor Gebbia and seconded by Councilmember Norris to adopt and enact on second reading Ordinance 2017-25 entitled: Minutes of Village Council Regular Session held December 14, 2017 Page 4 of 6 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF GRANT FUNDS FROM THE RECREATIONAL TRAILS GRANT PROGRAM FOR THE COMMUNITY CENTER; AMENDING THE CURRENT ADOPTED GENERAL FUND BUDGET TO APPROPRIATE $50,000.00 FROM THE UNASSIGNED FUND BALANCE TO PROVIDE MATCHING FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik stated the $250,000 FEDP grant requires a $50,000 match, which would be appropriated from reserve funds. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-25 on second reading passed unanimously. FIRST READING OF ORDINANCE 2018-01 — INVESTMENT POLICY REVISION A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt on first reading Ordinance 2018-01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-4, "INVESTMENT POLICY OF THE VILLAGE," TO REVISE THE PERCENTAGES APPLICABLE TO SHORT-TERM PORTFOLIO INVESTMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik discussed the Audit Committee's recommendation to revise the Village's Investment Policy to increase the maximum amount permitted in the Florida Prime and Local Government Investment Pools from 25% to 50% in order to achieve a greater return on liquid assets. Thereafter, the motion to adopt Ordinance 2018-01 on first reading passed unanimously. CONSENT AGENDA APPROVED Item 1 was removed from the Consent Agenda and placed on the Regular Agenda. A motion was made by President Pro Tem Mullinix, seconded by Vice Mayor Gebbia and passed unanimously to approve the following items: Motion approving 2018 Village Holiday Schedule Receive for file Minutes of the Police and Fire Pension Board meeting held 8/15/17. Receive for file Minutes of the Planning Commission meeting held 10/3/17. Receive for file Minutes of the Planning Commission meeting held 11/7/17. Recommendation: Medical Marijuana "amend the Ordinance as recommended by Staff (Item 6C1) Recommendation: Group Living Facilities "amend the Ordinance that not more than 40% of the front yard may consist of hardscape surfaces including but not limited to asphalt, concrete, brick and pavers" (Item 6C2) Recommendation: Walls/Fencing in Public District "amend the Ordinance as recommended by Staff" (Item 60) Receive for file Minutes of the Recreation Advisory Board meeting held 11/14/17. Recommendation: "move forward with the application process for the 2018 Recreation Trails Program grant for Lakeside Park" Receive for file Minutes of the Audit Committee meeting held 11/28/17. Recommendation: Changes in Investment Policy "Florida Prime (SBA) from 25% to 50%; Intergovernmental Investment Pool fi•om 100% to 50%." (Item 6C6) Minutes of Village Council Regular Session held December 14, 2017 Page 5 of 6 RESOLUTION 2017-109 — AMENDMENT TO HAZARD PREPAREDNESS, PLANNING, CONSULTING, AND RECOVERY SERVICES AGREEMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2018-109 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO AN AGREEMENT WITH GP STRATEGIES CORPORATION FOR HAZARD PREPAREDNESS, PLANNING, CONSULTING AND RECOVERY SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT WITH THE HOUSTON-GALVESTON AREA COUNCIL AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasilc stated the firm was engaged to assist the Village with filing for FEMA reimbursement for Hurricane Irma expenses. Purchasing Manager Sharon Swan explained that because services were needed immediately, the Village entered into a contract not to exceed $10,000, and subsequently received an estimate for the additional services required by the Village. Mrs. Swan confirmed these professional services are reimbursable by FEMA. Thereafter, the motion to adopt Resolution 2017-109 passed unanimously. RESOLUTION 2017-110 — CONTRACT FOR PREPARATION OF LAND DEVELOPMENT CODE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-110 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY THE IMAGE NETWORK, INC. D/B/A DOVER, KOHL AND PARTNERS TO PREPARE A FORM -BASED LAND DEVELOPMENT CODE TO IMPLEMENT THE VILLAGE MASTER PLAN AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the contract and scope of services. Thereafter, the motion to adopt Resolution 2017-110 passed unanimously. RESOLUTION 2017-111 — TEMPORARY FACILITIES CHANGE ORDER APPROVAL A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2017-111 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN ADDITIONAL CHANGE ORDER TO AN EXISTING CONTRACT WITH E & F FLORIDA ENTERPRISES, INC. D/B/A CREATIVE CONTRACTING GROUP FOR TEMPORARY SITE SET UP AT THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasilc reviewed the change orders approved to date and noted Council approval is needed for Change Order #3 (Lattice skirting) because the total cost of all change orders is above the $10,000 threshold for administrative approval. Thereafter, the motion to adopt Resolution 2017-111 passed unanimously. Minutes of Village Council Regular Session lield December 14, 2017 Page 6 of 6 RESOLUTION 2017-112 — PLANNING AND ZONING SERVICES AGREEMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-112 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AGREEMENT WITH NZ CONSULTANTS, INC. FOR CURRENT AND LONG-RANGE PLANNING SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR SERVICES BETWEEN NZ CONSULTANTS AND THE CITY OF LAKE WORTH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2017-112 passed unanimously. RESOLUTION 2017-113 — HVAC EQUIPMENT PURCHASE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-113 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF TWO SPLIT HVAC SYSTEMS AND THE REMOVAL OF EXISTING EQUIPMENT AT THE ANCHORAGE PARK ACTIVITIES BUILDING FROM THERMO AIR, INC.; WAIVING THE COMPETITIVE BIDDING REQUIREMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported that funds were included in the FY 2018 Budget for replacement of the HVAC units at Anchorage Park. Mr. Lukasik recommended Council waive the competitive bidding process in order to expedite replacement of the units due to equipment failure. Thereafter, the motion to adopt Resolution 2017-113 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Aubrey, Vice Mayor Gebbia, and President Pro Tem Mullinix announced their intent to run for reelection to the Village Council. President Pro Tem Mullinix relayed the Recreation Advisory Board's concerns regarding: the condition of the windscreens at Anchorage Park; the need to remove the stored dumpsters and remaining storm debris; the need for a speed limit sign on the road to the boat ramp; and a suggestion to use reclaimed water for irrigation. Public Works Director Steven Hallock gave an update on the status of these items and projects. Public Works Director Steven Hallock addressed Councilmember Bickel's concerns regarding timely sanitation collection. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik reported on resident comments regarding Anchorage Park on the Next Door Neighborhood blog site. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:40 p.m. Melissa Teal, MMC, Village Cleric