12-10-2020 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 10, 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
Vice Mayor Mullinix called the meeting to order at 7:30 p.m. All members of Council were
physically present except for Mayor Bickel who attended the meeting virtually. All members of
staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and President Pro Tem Norris led the public in the Pledge.
Mayor Bickel addressed the public and stated that she was attending by virtual means since she
was diagnosed with and recovering from Covid-19.
APPROVAL OF MINUTES
The Minutes of the Regular Session held November 12, 2020 were approved as written.
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Vice Mayor Mullinix read into the record a public comment received from Nicole Roesch, 2923
Hinda Road. In her comment, Ms. Roesch expressed her concerns regarding the proposed Planned
Unit Development at the northeast corner of Richard Road and Alternate AlA. Ms. Rosech's
concerns were pollution to wild life and limiting healthy food choices for residents.
Vice Mayor Mullinix read into the record a public comment received from Joan Parsons, 821
Dogwood Road. In her comment, Ms. Parsons expressed concern that her late husband, Kelly
Parsons did not receive recognition for his years of service to the Village.
These residents addressed the Council regarding their concerns about the proposed Planned Unit
Development at the northeast corner of Richard Road and Alternate AIA:
Karen Phillips, 2720 Hinda Road Gene Gatyas, 2885 Hinda Road
James Jarvis, 2720 Hinda Road Theresa Cleary, 2781 Hinda Road
Aaron Jarvis, 2720 Hinda Road Lauren Jarvis, 2720 Hinda Road
Minutes of Village Council Meeting held December 10, 2020 Page 2 of 10
ORDINANCE 2020-28 CODE AMENDMENT — BOATS AND RECREATIONAL VEHICLES
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2020-28 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," AND SECTION 18-35.1, "RECREATIONAL VEHICLES AND TRAILERS;
PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1 AND R-2 ZONING
DISTRICTS," TO MODIFY THE LOADING AND SCREENING REQUIREMENTS, ALLOW
FOR PERIODIC UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE
SPECIAL EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL
EXCEPTION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik gave a presentation that explained the revisions to the boat and recreational vehicles
ordinance. Mr. Lukasik discussed and explained that the amendments would afford current
equipment owners with flexible standards to store their equipment, avoid negative impacts of
storing large equipment in the setbacks to adjacent properties and grandfather existing residents
with equipment who adhere to historic standards for height and length of equipment. Mr. Lukasik
discussed and explained the changes to the ordinance which included a Dimensional Exception
process, modified screening standards and increased loading and unloading time, restoration of
past utility connection regulations. There were no changes to the tie down requirements. There
was no change to the height and length requirements for boats. Height and length of recreational
vehicles would remain at historical 10' height and 30' length. Boats and recreational vehicles
measuring more than the height requirements would be able to apply for a Dimensional Exception.
Mr. Lukasik reviewed the Dimensional Exception criteria and process. Mr. Lukasik reviewed the
proposed amendments to the screening requirements which included permitting screening of
equipment by use of existing landscaping on adjacent properties, exempting mechanical equipment
on top of a recreational vehicle, changing "opaque" to "90% opaque", eliminating the full
screening requirement at ingress/egress and require no less than a 6' gate up to 20'wide. Mr.
Lukasik reviewed and explained the proposed amendments to parking in the front yard and utility
connections which included 24 hours for loading and unloading, limiting parking to 4 times in a 14 -
day period and allowing utility connections periodically to maintain equipment.
Vice Mayor Mullinix read into the record a public comment received from Kathy Baummier, 909
Eucalyptus Road. In her comment, Ms. Baummier expressed concern with the proposed
amendments to the boats and recreational vehicles ordinance. Ms. Baummier was concerned with
the size restrictions and grandfathering for existing recreational vehicle owners.
Mr. Lukasik stated that the line of sight language which was originally proposed to be eliminated
from the code would be inserted back into the code.
Discussion ensued between the Councilmembers regarding the proposed amendments to the boat
and recreational vehicles ordinance.
Minutes of Village Council Meeting held December 10, 2020 Page 3 of 10
ORDINANCE 2020-28 CODE AMENDMENT — BOATS AND RECREATIONAL VEHICLES
continued
Thereafter, the motion to adopt on first reading Ordinance 2020-28 passed 4 to 1 with Vice Mayor
Mullinix voting nay.
PUBLIC HEARING AND SECOND READINIG OF ORDINANCE 2020-22 CODE AMENDMENT
— GENERAL EMPLOYEE RETIREMENT FUND
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-22 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V,
"PENSIONS AND RETIREMENT SYSTEMS," DIVISION 3, "PENSION AND CERTAIN
OTHER BENEFITS FOR GENERAL EMPLOYEES," OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2-146.1, "CREATION OF PLAN AND TRUST,"
TO PROVIDE FOR THE ADOPTION OF A POLICY TO MAINTAIN THE TAX QUALIFIED
STATUS OF THE PLAN AND SECTION 156, "MISCELLANEOUS," TO INCREASE THE
REQUIRED MINIMUM DISTRIBUTION AGE FROM SEVENTY AND ONE-HALF TO
SEVENTY-TWO; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained the reason for the ordinance. Mr. Rubin stated that the plan needed to be
amended in order to implement recent amendments to the Internal Revenue Code relating to
minimum distribution age.
Thereafter, the motion to adopt and enact on second reading Ordinance 2020-22 passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCES — REZONING
COMMERCIAL PROPERTIES
ORDINANCE 2020-23
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt and enact on second reading Ordinance 2020-23 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING EIGHT PARCELS OF PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF LAKE CIRCLE AND WEST OF
SOUTHWIND DRIVE TOTALING APPROXIMATELY 2.668 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 December 10, 2020 Page 4 of 10
ORDINANCE 2020-24
A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt
and enact on second Ordinance 2020-24 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST
OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 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 2020-25
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-25 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 OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE)
TOTALING APPROXIMATELY 11.80 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 2020-26
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt on first reading Ordinance 2020-26 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE
EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE (872 U.S.
HIGHWAY ONE) TOTALING APPROXIMATELY 1.20 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.
Mr. Rubin explained that there were four remaining re -zonings necessary to implement the new land
development regulations. Mr. Rubin stated that two of the re -zonings were larger than 10 acres
and required special noticing, one of the re -zonings needed to have confirmation of its current
zoning classification.
Thereafter, the motions to adopt and enact on second reading Ordinances 2020-23 through 2020-
26 passed unanimously.
Minutes of Village Council Meeting held December 10, 2020 Page 5 of 10
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-27 CODE
AMENDMENT — CREATING A PLANNED UNIT DEVELOPMENT
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to
postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting
scheduled for January 28, 2021.
Thereafter, the motion to postpone the public hearing and second reading of Ordinance 2020-27 to
the Council meeting scheduled for January 28, 2021 passed unanimously.
CONSENT AGENDA
Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Norris
seconded the motion which passed unanimously. The following items were approved:
Motion to grant a merit increase of 4.5% to the Village Clerk based upon the averaged
score of the performance evaluations and directing Village to process same.
Resolution — Approving a Contract with Synovia Solutions LLC for GPS Fleet
Management Services for a three-year term at a total annual cost of $10.218.36 ($30,655.08
over the term of the Contract); and authorizing the Village Manager to execute the Contract.
Resolution — Approving a blanket purchase order with Flying Scot, Inc. in an amount not
to exceed $50,000 for sidewalk removal and replacement.
Resolution — Approving an Interlocal Agreement with Palm Beach County for Participation
in the Municipal CARES Act Reimbursement Program; and authorizing execution of the
Agreement.
Resolution — Amending Resolution 2020-17 and modifying the Deputy Police Chief's
compensation.
Resolution — Approving an Assignment of the Legal Services Agreement with Leonard G.
Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. to Torcivia, Donlon, Goddeau &
Rubin, P.A.; and authorizing execution of the Assignment.
Receive for file Minutes of the Planning Commission meeting held 10/6/20.
Receive for file Minutes of the Recreation Advisory Board meeting held 10/13/20.
Receive for file Minutes of the Environmental Committee meeting held 10/19/20.
Receive for file Minutes of the Environmental Committee meeting held 11/23/20:
Receive for file Minutes of the Library Advisory Board meeting held 11/24/20.
RESOLUTION 2020-83 — ELECTION SERVICES AGREEMENT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-83 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Minutes of Village Council Meeting held December 10, 2020 Page 6 of 10
RESOLUTION 2020-83 — ELECTION SERVICES AGREEMENT continued
Village Clerk Jessica Green explained that the Election Services Agreement presented by the
Supervisor of Elections provided the option of either not utilizing vote -by -mail services or to pay
the Supervisor of Elections for vote -by -mail services.
Mrs. Green also gave an estimated cost for the 2021 Municipal Election based on the example of
fees that were provided by the Supervisor of Elections. Mrs. Green explained that there may be
additional costs such as printing rush fees and staff overtime to the Village for the 2021 election
due to the timing of its qualifying period which ends on January 12, 2021. The Supervisor of
Elections did not provide an estimation of the additional costs.
The Council came to consensus and chose the option of utilizing and paying the Supervisor of
Elections for vote -by -mail services in the 2021 Municipal Election Services Agreement.
Thereafter, the motion to adopt Resolution 2020-83 passed unanimously.
RESOLUTION — SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH
GENERAL ELECTION BALLOT
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
approve a Resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUBMITTING TO REFERENDUM ON THE MARCH GENERAL
ELECTION BALLOT A STRAW POLL ON THE U.S. HIGHWAY ONE LANE
REPURPOSING PROJECT; PROVIDING FOR THE FORM OF THE QUESTION;
PROVIDING FOR A BALLOT TITLE AND EXPLANATORY STATEMENT; PROVIDING
FOR ADVERTISING; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Mullinix read into the record a public comment received from Jonathan Haigh, 401
Flotilla Road. In his comment, Mr. Haigh recommended that Council support the U.S. Highway
1 Lane Repurposing Project and to not allow the issue to go to referendum as a non-binding straw poll.
Vice Mayor Mullinix read into the record a public comment received from Marshall Gillespie, 731
Buoy Road. In his comment, Mr. Gillespie expressed his support of the U.S. Highway 1 Lane
Repurposing Project and recommended not sending the issue to referendum.
Vice Mayor Mullinix read into the record a public comment received from Nathan Kennedy, 828
Anchorage Drive. In his comment, Mr. Kennedy expressed his concerns on sending the U.S.
Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with
the lane repurposing of U.S. Highway 1.
Vice Mayor Mullinix read into the record a public comment received from Meghan Hurley, 628
Kingfish Road. In her comment, Ms. Hurley expressed her concerns on sending the U.S. Highway
1 Lane Repurposing Project out to referendum and recommended moving forward with the lane
repurposing of U.S. Highway 1.
Minutes of Village Council Meeting held December 10, 2020 Page 7 of 10
RESOLUTION — SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH
GENERAL ELECTION BALLOT continued
Vice Mayor Mullinix read into the record a public comment received from Donald Solodar, 100
Lakeshore Drive. In his comment, Mr. Solodar expressed his support for placing a non-binding
straw poll referendum question on the March election ballot for the U.S. Highway 1 Lane
Repurposing Project.
Mr. McLeskey of 112 Nativa Circle expressed his concerns with the U.S. Highway 1 Lane
Repurposing Project.
John Frerking, 130 Cruiser Road South, expressed his concerns with how the public has been
informed about the U.S. Highway 1 Lane Repurposing Project. Mr. Frerking gave
recommendations on how the public should be informed about the project.
Councilmember Aubrey recommended using a better education process for the public to be
informed about the U.S. Highway 1 Lane Repurposing Project.
President Pro Tem Norris recommended delaying the project if possible so that Council and the
public can make an informed decision.
Discussion ensued between Council regarding the proposed U.S. Highway 1 Lane Repurposing
Project and whether to have a straw poll referendum placed on the March election ballot.
Thereafter, the motion to adopt the Resolution failed 4 to 1 with Mayor Bickel, President Pro Tem
Norris, Councilmember Aubrey and Councilmember Searcy voting nay and Vice Mayor Mullinix
voting aye.
RESOLUTION 2020-84 — INTENT TO UTILIZE THE UNIFORM METHOD FOR
COLLECTING NON -AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-84 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, STATING THE VILLAGE'S INTENTION TO USE THE UNIFORM
METHOD OF COLLECTION FOR THE NON -AD VALOREM ASSESSMENTS TO BE
LEVIED BY THE VILLAGE FOR THE COLLECTION OF STORMWATER UTILITY FEES
PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, BY COLLECTING THE
ANNUAL SPECIAL ASSESSMENTS THROUGH THE ANNUAL TAX BILL OF THE PALM
BEACH COUNTY TAX COLLECTOR; STATING THE NEED FOR THE LEVY OF THE
ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE
REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING OF A COPY OF
THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER, THE
PALM BEACH COUNTY TAX COLLECTOR, AND THE STATE OF FLORIDA
DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Minutes of Village Council Meeting held December 10, 2020 Page 8 of 10
RESOLUTION 2020-84 — INTENT TO UTILIZE THE UNIFORM METHOD FOR
COLLECTING NON -AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES
continued
Public Works Director Steven Hallock discussed and explained the history and purpose behind the
resolution. Mr. Hallock explained the necessity for the establishment of a stormwater fee structure
to fund stormwater activities and improvements within the Village.
Rob Taylor from Hazen & Sawyer, P.C. gave a presentation that reviewed fee structure and billing
alternatives for stormwater utility fees.
Thereafter, the motion to adopt Resolution 2020-84 passed unanimously.
RESOLUTION 2020-85 — CODE ENFORCEMENT LIEN FORECLOSURE SERVICES CONTRACT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-85 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN,
CHEROF, DOODY & EZROL, P.A. FOR CODE ENFORCEMENT LIEN FORECLOSURES
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the Village had approximately 3.8 million dollars in outstanding Code
Enforcement Liens. The Village has not been aggressive in foreclosing on properties with liens.
The Village would focus on foreclosing on commercial properties since it is legally prohibited to
foreclose on residential homestead properties. Mr. Rubin stated that the Law Firm of Goren,
Cherof, Doody and Ezrol, P.A. previously represented the Village in labor matters and is offering
a very reasonable rate for providing foreclosure services.
Discussion ensued between Council, Mr. Rubin and staff regarding foreclosing properties within
the Village.
Thereafter, the motion to adopt Resolution 2020-85 passed unanimously.
RESOLUTION 2020-86 — AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL
PLANNED UNIT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-86 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE CRYSTAL COVE
COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW FOR METES
AND BOUNDS SUBDIVISION OF THE PROPERTY INTO THREE PARCELS AND
PROVIDE FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Meeting held December 10, 2020 Page 9 of 10
RESOLUTION 2020-86 — AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL
PLANNED UNIT continued
Community Development Director Jeremy Hubsch stated that the applicant, Pearland RJR LLC
was seeking approval to subdivide the property into three separate parcels via metes and bounds
subdivision. Attorney Rubin explained that the subdivision proposes to create Parcel 1 which
would be comprised of the one-story retail building that is located between Golfview Road and
US Highway 1, along with most of the surface parking adjacent to US Highway l; Parcel 2 which
would consist of the Cod & Capers building and immediately adjacent surface parking along US
Highway 1, and Parcel 3 which would include the four-story office building, parking garage, and
surface parking located adjacent to the back corner of the property between Golfview Road and
McLaren Road. Mr. Rubin stated that there were three conditions in the proposed resolution. The
conditions were to provide a Unity of Control document for the Village Attorney and the
Community Development Director approval prior to conveying any of the parcels to a third party,
requirement of joint maintenance by all property owners of common areas and reciprocal
easements and that any modifications to the CPUD be done with the consent of all property owners
making them jointly liable for any violations of the CPDD conditions of approval or violations of
the Village Code relating to the common areas.
President Pro Tem Norris declared a voting conflict and did not participate in the discussion or vote.
Mayor Bickel expressed concerns over subdividing the property and the possible ramifications.
Discussion ensued between Council, Mr. Rubin and staff regarding the proposed subdivision.
Simeon Davis, on behalf of the property owners, stated that the proposed subdivision would better
facilitate the Village's implementation of their Master Plan.
Thereafter, the motion to adopt Resolution 2020-86 passed 4 to 0.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Aubrey recommended changing the Village code to allow the Mayor the ability
to secede in the event of a state of emergency.
Mayor Bickel recommended keeping a councilmember in the position of Mayor for two years
instead of one, especially during a large project such as the new clubhouse.
Vice Mayor Mullinix stated that any of the councilmembers who were sitting in the position of
Vice Mayor or President Pro Tem would be qualified and sufficient to step into the position of
Mayor in the event of an emergency. Vice Mayor Mullinix stated that he did not recommend
changing that tradition.
President Pro Tem Norris agreed with keeping tradition with regards to secession of the Mayor in
event of an emergency, but would consider changing the tradition.
Councilmember Searcy recommended creating a process for secession of the Mayor in the event
of an emergency.
Minutes of Village Council Meeting held December 10, 2020 Page 10 of 10
MAYOR AND COUNCIL MATTERS/REPORTS continued
Councilmember Aubrey stated that he had received complaints from residents regarding the
parking of unmarked or unnamed utility trailers in driveways 24 hours, 7 days a week.
Councilmember Aubrey recommended revisiting and revising the Village code with regards to
those types of utility trailers.
Councilmember Searcy expressed congratulations for the Country Club and Golf Course being
designated as a destination in BoardRoom magazine and to Farmer's Table for being considered a
Golden Spoon restaurant in the State of Florida. Councilmember Searcy commended Village staff
for continuing to provide excellent service and being innovative through the Covid-19 pandemic.
President Pro Tem Norris recognized the holiday lighting and decorations throughout the Village
and also commended and thanked Village staff for their hard work and dedication through the
Covid-19 pandemic.
Mayor Bickel stated that the City of Riviera Beach had begun efforts to remove derelict boats from
the Intracoastal Waterway. Mayor Bickel recommended the Village research the possibility of
having managed mooring fields in its waterway to prevent transient and derelict boats and to
protect the Village's waters. Mayor Bickel requested that the Waterways Board research the
process and implementation of managed mooring fields.
Attorney Rubin stated that prevention of transient and derelict boats could only be done within
mooring fields and that he would research the process and inform Council of his findings.
Vice Mayor Mullinix wished Pat Friedman a Happy Birthday and requested a letter of
commendation for Jack and Barbara Nicklaus.
Vice Mayor Mullinix thanked Fire Chief J.D. Armstrong and the Fire Rescue Department for their
assistance with his mother who had recently experienced a heart attack. Vice Mayor Mullinix that
his mother was doing well and recovering after having surgery.
Vice Mayor Mullinix wished everyone a Happy Hanukah and Merry Christmas.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:49 p.m.
JUsiaGreen, MMC, Village Clerk
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
orris David B.
Village Council of the Village of North Palm Beach
1G ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
5u1 U.S. Highway 1
WHICH I SERVE ISA UNIT OF:
I( CITY ❑ COUNTY ❑ OTHER LOCALAGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
North Palm Beach Palm Beach
Village of North Palm BeachMY
DATE ON WHICH VOTE OCCURRED
POSITION IS:
al' ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
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 (CRAs) 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.
VOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
.N:
• 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 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
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 ZQf- cl, ,
I, ereb disclose that on 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 relative
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:
4
�2'Z° Com-" ' U
, 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.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSUI
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMEI\,_
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.