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10-22-2020 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 22, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Bickel 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 Mullinix gave the invocation and Mayor Bickel led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held October 8, 2020 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Mayor Bickel read into the record a public comment received from a concerned Village employee. The employee expressed their concerns with the Public Works Department. The employee had concerns about the Munis software program, the use of a take home vehicle by the Public Works Manager and Management's attendance. ORDINANCE 2020-21 CODE AMENDMENT — COMMERCIAL ACTIVITIES PROHIBITED IN PARK FACILITIES AND RECREATION AREAS A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2020-21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," TO ADOPT A NEW SECTION 20-10, "COMMERCIAL ACTIVITIES PROHIBITED;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recreation Director Stephen Poh explained the reason for the Ordinance. Mr. Poh stated that there were a number of incidents where private businesses were using public property to conduct their business activities and staff had received multiple complaints from residents. The ordinance would provide staff with the ability to clearly prohibit unpermitted commercial activities at Village parks and recreation facilities. Thereafter, the motion to adopt on first reading Ordinance 2020-21 passed with all present voting aye. Minutes of Village Council Meeting held October 22, 2020 Page 2 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCES 2020-10 THROUGH 2020-20 — REZONING COMMERCIAL PROPERTIES ORDINANCE 2020-10 A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt and enact on second reading Ordinance 2020-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF NORTHLAKE DRIVE AND WEST OF LAKE CIRCLE TOTALING APPROXIMATELY 2.218 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-11 A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING NINE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF PROSPERITY FARMS ROAD AND EAST OF NORTHLAKE DRIVE TOTALING APPROXIMATELY 4.241 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-12 A motion was made by Councilmember Aubrey and seconded by Vice Mayor Mullinix to adopt and enact on second reading Ordinance 2020-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF ALTERNATE AIA AND WEST OF PROSPERITY FARMS ROAD TOTALING APPROXIMATELY 2.956 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held October 22, 2020 Page 3 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCES 2020-10 THROUGH 2020-20 — REZONING COMMERCIAL PROPERTIES continued ORDINANCE 2020-13 A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF THE C-17 CANAL (400 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.76 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-14 A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2020-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (500 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.94 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-15 A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt and enact on second reading Ordinance 2020-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE (639 U.S. HIGHWAY ONE/POETS WALK MEMORY CARE) TOTALING APPROXIMATELY 2.73 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 A LIMITED COMMERCIAL DISTRICT TO THE C -MU US -1 MIXEDUSE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held October 22, 2020 Page 4 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCES 2020-10 THROUGH 2020-20 — REZONING COMMERCIAL PROPERTIES continued ORDINANCE 2020-16 A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2020-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND ANCHORAGE DRIVE SOUTH (420 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 2.72 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-17 A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt and enact on second reading Ordinance 2020-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF PROSPERITY FARMS ROAD NORTH OF NORTHLAKE BOULEVARD (300 PROSPERITY FARMS ROAD) TOTALING APPROXIMATELY 0.57 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -IA LIMITED COMMERCIAL DISTRICT TO THE C -S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-18 A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTHEAST CORNER OF CASTLEWOOD DRIVE AND WETTAW LANE (200 CASTLEWOOD DRIVE) TOTALING APPROXIMATELY 0.77 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -IA LIMITED COMMERCIAL DISTRICT TO THE C -S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held October 22, 2020 Page 5 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCES 2020-10 THROUGH 2020-20 — REZONING COMMERCIAL PROPERTIES continued ORDINANCE 2020-19 A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt and enact on second reading Ordinance 2020-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE SHORE COURT EAST OF U.S. HIGHWAY ONE (139 SHORE COURT) TOTALING APPROXIMATELY 1.46 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -IA LIMITED COMMERCIAL DISTRICT TO THE C -S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-20 A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt and enact on second reading Ordinance 2020-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. HIGHWAY ONE AND YACHT CLUB DRIVE (200 YACHT CLUB DRIVE) TOTALING APPROXIMATELY 1.41 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -1A LIMITED COMMERCIAL DISTRICT TO THE C- MU US -1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motions to adopt and enact on second reading Ordinances 2020-10 through 2020-20 passed unanimously. CONSENT AGENDA Councilmember Aubrey moved to approve the Consent Agenda. Vice Mayor Mullinix seconded the motion which passed unanimously. The following items were approved: Resolution — Amending Resolution 2020-16 to remove Truck 82 from the list of vehicles to be surplused and to reassign the vehicle to the North Palm Beach Country Club. Receive for file Minutes of the Planning Commission meeting held 9/1/20. MOTION — CONFIRMATION OF DEPUTY VILLAGE CLERK APPOINTMENT A motion was made by Vice Mayor Mullinix, seconded by Councilmember Aubrey, and passed unanimously to confirm the appointment of Tammy Held as Deputy Village Clerk. The Council congratulated Mrs. Held on her appointment. Minutes of Village Council Meeting held October 22, 2020 Page 6 of 7 RESOLUTION 2020-67 — SANITATION TRUCK PURCHASE A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt Resolution 2020-67 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE ACQUISITION OF A 2020 MACK REAR LOADER SANITATION VEHICLE FROM NEXTRAN CORPORATION 'D/B/A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFF'S ASSOCIATION CONTRACT; APPROVING A SEVEN-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; DECLARING AN EXISTING REAR LOADER SANITATION VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Steven Hallock explained that a new truck was needed due to the age, wear and poor condition of the current Sanitation vehicle. Thereafter, the motion to adopt Resolution 2020-67 passed unanimously. RESOLUTION 2020-68 — PAYMENT TO FARMER'S TABLE FOR PAVILION BUILDOUT A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt Resolution 2020-68 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PAYMENT TO FARMER'S TABLE IN THE AMOUNT OF $48,256.89 FOR THE BUILDOUT OF THE COUNTRY CLUB CLUBHOUSE PAVILION AND ESTABLISHING A VALUE OF THE PAVILION AND POOL CONCESSION IMPROVEMENTS PURSUANT TO THE THIRD AMENDMENT TO THE LEASE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the purpose of the Resolution was to reimburse Farmer's Table Restaurant for a portion of the expenses associated with the buildout of the pavilion area at the Country Club. Mr. Lukasik gave a brief background on the buildout and the Lease Agreement with Farmer's Table Restaurant. Mr. Lukasik explained that staff was also recommending that Council establish the value of Farmer's Table's pavilion and pool concession building costs at $656,001.57 in accordance with the Third Amendment of the Lease Agreement. Discussion ensued between Council, staff and Mr. Rubin regarding the amortization schedule and the costs for the buildout of the pavilion. Thereafter, the motion to adopt Resolution 2020-68 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS President Pro Tem Norris stated that the newly painted Community Center looked great and recommended that the Community Center's sign have the same paint colors as the building. Vice Mayor Mullinix commended staff for obtaining a low interest rate for the new Sanitation Truck. Councilmember Searcy congratulated staff for accomplishing the first successful monthly pool party at the Country Club where 150 people were present within the first fifteen minutes of the event. Minutes of Village Council Meeting held October 22, 2020 Page 7 of 7 VILLAGE MANAGER MATTERS/REPORTS Public Works Director Steven Hallock gave a history and explanation of the proposed Lakeside Park Bulkhead Project. Mr. Hallock stated that the engineering portion of the proposed project had been completed and the project was ready to go out to bid. Representatives from Engenuity Group discussed and explained the character of the new seawall design and the proposed cost of the project. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:23 p.m. e sica Green, MMC, Village Clerk