07-11-2019 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 11, 2019
Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Susan Bickel, Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, 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
Councilmember Searcy gave the invocation and Councilmember Bickel led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held June 27, 2019 were approved as written.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2019-06 — BOAT AND RV
PARKING AMENDMENT
A motion was made by President Pro Tem Norris and seconded by Councilmember Bickel to adopt
and enact on second reading Ordinance 2019-06 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING," OF
CHAPTER 18, "MOTOR VEHICLES," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 18-35, "BOATS AND BOAT TRAILERS; PARKING ON
RESIDENTIAL PROPERTY RESTRICTED IN THE R-1 AND R-2 RESIDENTIAL ZONING
DISTRICTS," TO REMOVE THE VILLAGE REGISTRATION REQUIREMENT, MODIFY THE
SCREENING REQUIREMENTS AND ALLOW ADDITIONAL TIME FOR GROWTH OF
VEGETATIVE SCREENING, AND BY AMENDING SECTION 18-35.1, "RECREATIONAL
VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1
AND R-2 ZONING DISTRICTS," TO REMOVE THE VILLAGE REGISTRATION
REQUIREMENT AND ALLOW ADDITIONAL TIME FOR THE GROWTH OF VEGETATIVE
SCREENING; AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF CHAPTER 45
(APPENDIX C), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING
SECTION 45-36, "GENERAL PROVISIONS," TO REGULATE AND MODIFY GATE HEIGHT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik reviewed the history of the Village's boat and recreational vehicle regulations from
1972 to 2016 and the proposed amendments to Sections 18-35 and 18-35.1 of the Village Code.
Mr. Lukasik presented the results of the Village's survey questions regarding the height and screening
of recreational vehicles. Mr. Lukasik reviewed the availability of storage spaces for recreational
vehicles at Anchorage Park.
Minutes of the Village Council Regular Session held July 11, 2019 Page 2 of 6
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2019-06 — BOAT AND RV
PARKING AMENDMENT continued
Mayor Aubrey opened the public hearing.
Greg Mundie, 1017 Alamanda Drive, stated the way his neighbor, Greg Keller, currently stores his
boat is logistically and aesthetically pleasing to the neighbors on each side. Mr. Mundie suggested
there should be some consideration for special circumstances, as not every home or neighborhood
shares the same issue.
Greg Keller, 2750 Omega Place, provided the Council with photos of his boat, which he has kept in
the backyard since 1993. Mr. Keller described the conditions on his property, which was annexed
into the Village in the late eighties from Palm Beach County. Mr. Keller stated the five foot setback
is a hardship.
Ryan Nagle, 136 Cruiser Road South, suggested increasing the allowable height and length for boats
and RVs to 12 feet high and 36 feet long. Mr. Nagle felt there was no need to screen the front of RVs.
Cathy Baumier-Lewis, 909 Eucalyptus Road, felt that recreational vehicles and boats reflect
residents' lifestyle and standard of living. Ms. Baumier-Lewis questioned whether the review of
special exception requests would be performed in-house or by contracted employees of the
Community Development Department. Ms. Baumier-Lewis thought there was a Supreme Court
ruling that prohibited regulation only due to sight and referenced the City of Euclid vs Fitzthum 1977.
Joanne Keller, 105 Paradise Harbour Boulevard, asked that Council include a variance option, so that
some grandfathered conditions could be exempted.
Howard Gorman, 708 Lighthouse Drive asked that Council increase the allowable length of motor
homes to 40 feet. Mr. Gorman stated Village staff told him six years ago that his RV was in
conformance. Mr. Gorman agreed at that time that he would move it to Anchorage Park, if there was
space; however, no spaces were available, then or now.
Howard Leipzig, 417 Oyster Road, asked whether Village code stipulates that boats and RVs must
belong to the property owner, and stated someone was asking for parking space for an RV.
There being no further comments from the public, Mayor Aubrey closed the public hearing.
Discussion ensued regarding these issues: storage space for recreational vehicles at Anchorage Park;
temporary reduction in storage fees for recreational vehicles; expanding the special exception
process to include the five foot rear setback; raising the gate height to eight feet; and increasing
the allowable height and length for boats and recreational vehicles.
President Pro Tem Norris moved to amend the ordinance to include the five foot setback in the
special exception process and increase the gate height to eight feet. The motion was seconded by
Councilmember Bickel and passed unanimously.
Thereafter, the motion to adopt and enact Ordinance 2019-06 on second reading, as amended,
passed 4 — 1, with President Pro Tem Norris, Councilmember Bickel, Councilmember Searcy, and
Mayor Aubrey voting aye and Vice Mayor Mullinix voting nay.
Minutes of the Village Council Regular Session held July 11, 2019 Page 3 of 6
FIRST READING OF ORDINANCE 2019-07 — SEAWALL CONSTRUCTION STANDARDS
A motion was made by Councilmember Bickel and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2019-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE I, "IN GENERAL," TO
AMEND SECTION 5-1, "DEFINITIONS;" AMENDING ARTICLE III, "CONSTRUCTION
REQUIREMENTS," BY AMENDING DIVISION 3, "BULKHEADS AND SEAWALLS," TO
AMEND SECTION 5-70, "SUBMISSION OF SPECIFICATIONS AND PLANS," TO REQUIRE
REVIEW BY THE VILLAGE ENGINEER," AMEND SECTION 5-71, "SPECIFICATIONS,"
TO UPDATE THE CONSTRUCTION AND ENGINEERING STANDARDS, ADOPT A NEW
SECTION 5-72," MINIMUM DESIGN REQUIREMENTS FOR SEAWALLS," TO ADOPT
NEW DIMENSIONAL, COMPATIBILITY AND ELEVATION REQUIREMENTS FOR
SEAWALL CAPS AND ALLOW FOR RECONSTRUCTION OF AN EXISTING SEAWALL
OR BULKHEAD BEYOND THE PROPERTY LINE IN SPECIFIED CIRCUMSTANCES,
AMEND SECTION 5-73, "INSPECTION," TO CLARIFY AND EXPAND THE
PERMITTING AND INSPECTION REQUIREMENTS; AMENDING ARTICLE III,
"CONSTRUCTION REQUIREMENTS," BY AMENDING DIVISION 4, "DOCKS AND PIERS,"
TO AMEND SECTION 5-81, "DEFINITIONS," AMEND SECTION 5-82, "GENERALLY," TO
CLARIFY THE UPLAND PROPERTY OWNER, REQUIRE ALL CONSTRUCTION
DOCUMENTS BE SIGNED AND SEALED BY AN ENGINEER, REQUIRE SUBMITTAL
OF POLLUTION CONTROL PLANS AND REGULATE FENCING ON BULKHEADS OR
SEAWALL CAPS, AMEND SECTION 5-83, "MINIMUM DESIGN REQUIREMENTS," TO
MODIFY THE STANDARDS FOR DECKING ELEVATIONS, FLOATING DOCKS, AND
PILING, DOLPHINS AND TIE POLES; AMEND SECTION 5-84, "REGULATIONS
GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND
ATLANTIC OCEAN," TO UTILIZE THE PROPERTY LINE FOR MEASUREMENT AND
CLARIFY EXISTING PROVISIONS, AMEND SECTION 5-85, "REGULATIONS GOVERNING
CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN," TO UTILIZE THE
PROPERTY LINE FOR MEASUREMENT AND CLARIFY EXISTING PROVISIONS, AND
AMEND SECTION 5-86, "VARIANCES," TO AUTHORIZE VARIANCES FROM THE
DIMENSIONAL REQUIREMENTS AND CLARIFY THE PROCEDURE; AMENDING
CHAPTER 7, "BULKHEAD LINES," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING ARTICLE I, "IN GENERAL," TO DELETE SECTION 7-1, "ESTABLISHED;
DESIGNATED," AND AMEND SECTION 7-2, "FILLING OPERATIONS BEYOND
BULKHEAD LINE; PROHIBITED," TO REMOVE ALL REFERENCES TO BULKHEAD
LINES AND AMENDING ARTICLE II, "FILLING PERMIT," TO MODIFY AND SIMPLIFY
THE PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Erin Sita, KCI Technologies, Inc. reviewed the existing conditions of seawalls in the Village and
presented the proposed code changes for seawalls, bulkheads, docks, and piers.
A concern was raised regarding whether repairs to existing seawalls and bulkheads would require
compliance with the new cap elevation standard. Mr. Rubin will add language to the ordinance
clarifying that meeting the cap elevation is not required when the total cost of the repairs is less
than 50% of the replacement cost of the seawall or bulkhead. Discussion ensued on the wall
return required when the seawall cap is placed at an elevation higher than the adjacent property.
Engineer Alan Gerwig of Alan Gerwig & Associates, Inc. explained the need for a retaining wall
on a portion of the side property line of the parcel with the higher seawall cap.
Minutes of the Village Council Regular Session held July 11, 2019 Page 4 of 6
FIRST READING OF ORDINANCE 2019-07 — SEAWALL CONSTRUCTION STANDARDS continued
Discussion took place regarding provisions in Section 5-72 that would allow (1) a reconstructed
seawall or bulkhead to extend 18 inches beyond the rear property line, and (2) a seawall cap to
extend three feet from the wet face of the seawall or bulkhead. It was noted that this could result in
a seawall cap that extended four and one-half feet from the property line. Staff will review this
issue with Mr. Gerwig.
Thereafter, the motion to adopt and enact Ordinance 2019-07 on first reading passed unanimously.
CONSENT AGENDA APPROVED
Item 5 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the
Consent Agenda, as amended, was approved unanimously. The following items were approved:
Resolution 2019-56 approving payment of outstanding invoices from Waste Pro of Florida,
Inc. for removal of the old pavers at the Country Club pool in the amount of $12,662.61
and waiving the Village's purchasing policies and procedures.
Resolution 2019-58 approving a Contract with NuLite Sliding Doors & Windows of the
Palm Beaches, Inc. for exterior door replacement at the Community Center in the amount
of $17,416.00.
Resolution 2019-59 approving a blanket purchase order with Cintas Corporation in the
amount of $21,000 for uniform rental and cleaning services, floor mat cleaning services,
and shop towel services.
Resolution 2019-60 approving a Second Amendment to the Agreement with KCI
Technologies, Inc. (formerly Keith & Schnars) for General Planning Services.
Receive for file Minutes of the Planning Commission meeting held 6/4/19.
Recommendation approve amendment to allow additional 18" for gates up to 20' wide.
(RE: Ordinance 2019-06)
RESOLUTION 2019-57 — SIDEWALK REPAIR CONTRACT
A motion was made by President Pro Tenn Norris and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-57 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A CONTRACT AWARD TO FLORIDA SIDEWALK
SOLUTIONS, LLC FOR REPAIR OF SIDEWALK TRIP HAZARDS PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR REPAIR OF SIDEWALK
TRIP HAZARDS WITH THE TOWN OF MIAMI LAKES AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE
VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Mullinix asked how many sidewalks in the Village needed to be repaired.
Public Works Director Steven Hallock stated that over 3000 sidewalks with trip hazards were in
need of repair.
Thereafter, the motion to adopt Resolution 2019-57 passed unanimously.
Minutes of the Village Council Regular Session held July 11, 2019 Page 5 of 6
RESOLUTION 2019-61— IAFF COLLECTIVE BARGAINING AGREEMENT AND AMENDMENT
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt
Resolution 2019-61 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928,
IAFF, INC. THROUGH SEPTEMBER 30, 2021 AND AMENDMENT NO. 1 TO THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained that there was an amendment to the agreement since further adjustments
were made after the initial agreement was created. Mr. Lukasik gave an overview of the PBA
Collective Bargaining Agreement and discussed all of the changes and adjustments that were included
in the amendment to the IAFF Collective Bargaining Agreement.
On behalf of the Village Firefighters, Paramedics and Police, Anthony Giarrusso thanked the Council.
Mayor Aubrey thanked the Village Firefighters, Paramedics and Police for their services to the community.
Thereafter, the motion to adopt Resolution 2019-61 passed unanimously.
RESOLUTION 2019-62 — PBA COLLECTIVE BARGAINING AGREEMENT
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
VILLAGE AND THE POLICE BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, INC.
AND AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2019-62 passed unanimously.
RESOLUTION 2019-63 — CROSS PARKING AGREEMENT
A motion was made by Councilmember Bickel and seconded by President Pro Tem Norris to adopt
Resolution 2019-63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING AN AMENDMENT TO THE CROSS PARKING AGREEMENT
WITH THE FIRST UNITARIAN CHURCH TO EXTEND THE TERM; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained that the agreement was a continuation of the current agreement the
Village has with the First Unitarian Church. The agreement would be extended for two
additional years at the same rate of pay. The Village will also be required to pay the
compensation due for the remainder of this calendar year.
Councilmember Bickel asked if the agreement was transferable if the church were to change ownership.
Mr. Rubin stated that he was unsure if it was transferable and would research the matter.
Thereafter, the motion to adopt Resolution 2019-63 passed unanimously.
Minutes of the Village Council Regular Session held July 11, 2019 Page 6 of 6
VILLAGE COUNCIL MATTERS/REPORTS
Councilmember Bickel stated that she was concerned with the Anchorage Park reduced pricing and
whether or not it would be brought back once the park was reopened.
Councilmember Searcy asked Recreation Director Russell Ruskay if he would come up with and
implement a plan to bring back the reduced pricing at the park.
Councilmember Bickel stated that danger zones were not roped off at the Village's fireworks event
and asked if the issue would be addressed at next year's event.
Chief Jenkins stated that it was an issue with the Fireworks Contractor that should be resolved at
next year's event.
Vice Mayor Mullinix stated that he spoke with Head Golf Professional Allan Bowman regarding the
golf course resident waiting list and how they discussed strategies for reducing the wait time.
Vice Mayor Mullinix discussed issues with the street lights on Northlake Boulevard and how he was
coordinating efforts to resolve those issues.
Councilmember Searcy thanked staff and congratulated them on a successful fireworks event.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Lukasik discussed the current issues with iguanas. Mr. Lukasik stated that the Village would
be providing education to residents on how to properly exterminate and dispose them.
Mr. Lukasik discussed the golf course bunker damage due to rain events. Mr. Lukasik stated that
he was fairly confident that insurance should pay for the repairs that would be done by BrightView.
Mr. Lukasik discussed the sign for the Country Club and stated that Community Development
Director Jeremy Hubsch had been working on obtaining design options for the sign.
Community Development Director Jeremy Hubsch presented different design options for the
Country Club sign. Mr. Hubsch discussed recommendations for the sign that had been made by the
Planning Commission.
Council comment and discussion ensued regarding the different design options for the Country Club sign.
Mr. Hubsch stated that he would bring back more refined options for the Country Club sign to be
presented at the August 8°i Council Meeting.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:46 p.m.
Melissa Teal, MMC, Village Clerk
gomp1leted by Jessica Green, MMC, Deputy Village Clerk