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11-12-2020 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 12, 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 22, 2020 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Nicola Chung of the Health Council of Southeast Florida gave a presentation on how to mitigate the spread of Covid-19 in Palm Beach County. ORDINANCE 2020-22 CODE AMENDMENT — GENERAL EMPLOYEE RETIREMENT FUND A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to adopt on first 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. Bonni Jensen, legal counsel for the General Employees Retirement Fund explained the reason for the Ordinance. Ms. Jensen stated that the plan needed to be amended in order to implement recent amendments to the Internal Revenue Code relating to minimum distribution age. The recently enacted Setting Every Community Up for Retirement Enhancement (the "SECURE") Act increases the required minimum distribution age to age 72. The amendment to the Ordinance Minutes of Village Council Meeting held November 12, 2020 Page 2 of 11 ORDINANCE 2020-22 CODE AMENDMENT — GENERAL EMPLOYEE RETIREMENT FUND continued would also add a provision to the plan to allow for the Pension Board to add tax changes by policy to keep in it in compliance with the Internal Revenue Code, giving those policies the effect of law until it can be added to the Plan. Thereafter, the motion to adopt on first reading Ordinance 2020-22 passed with all present voting aye. ORDINANCES — REZONING COMMERCIAL PROPERTIES ORDINANCE 2020-23 A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt on first 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. ORDINANCE 2020-24 A motion was made by Councilmember Aubrey and seconded by President Pro Tem Norris to adopt on first reading 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 Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt on first 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 Minutes of Village Council Meeting held November 12, 2020 Page 3 of 11 ORDINANCE 2020-25 continued HEREIN, FROM THE C-lA 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-lA 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. Community Development Director Jeremy Hubsch explained that there were four remaining re -zonings necessary to implement the new land development regulations. Mr. Hubsch 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 on first reading Ordinances 2020-23 through 2020-26 passed unanimously. There was no ex -parte communication by Council for the following item: ORDINANCE 2020-27 CODE AMENDMENT — CREATING A PLANNED UNIT DEVELOPMENT A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt on first reading Ordinance 2020-27 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 1.95 ACRES OF REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF RICHARD ROAD AND ALTERNATE AIA, AS MORE PARTICULARLY DESCRIBED HEREIN; REZONING THE PROPERTY FROM THE C -T TRANSITIONAL COMMERCIAL DISTRICT TO THE C -S SHOPPING COMMERCIAL DISTRICT; PROVIDING FOR 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. Community Development Director Jeremy Hubsch gave a brief explanation of the proposed project and stated that the Planning Commission unanimously recommended its approval with conditions. Minutes of Village Council Meeting held November 12, 2020 Page 4 of 11 ORDINANCE 2020-27 CODE AMENDMENT — CREATING A PLANNED UNIT DEVELOPMENT continued On behalf of the applicant, David Milledge of Cotleur & Hearing gave a presentation of the proposed project. Mr. Milledge discussed condition number 15 which requires an extension of overhang at the convenience store. Mr. Milledge stated that there would be an issue with extending the overhang since the columns of the convenience store would have to be pushed out into the sidewalk. Mr. Milledge stated that the proposed project provided seven feet of overhang which the applicant believes to be adequate coverage and requested Council consideration in deleting the condition to extend the overhang. Mr. Milledge discussed condition number 19 which requires that the flat roof section of the convenience store and retail building be painted to match the angled roof portion of the convenience store. Mr. Milledge stated that matching the roofs would be difficult since one portion is metal and the other is stucco. Mr. Milledge stated that the applicant was requesting Council consideration in deleting the condition to match the paint on the flat and angled roof sections. Theresa Cleary, 2781 Hinda Road, Lake Park, expressed her concerns with the proposed project which included run off of gas and oil into the Earman River, issues with traffic flow exiting the property, the potential for crime since it will be a 24/7 gas and convenience store and the proposal of having sixteen gas pumps. Mayor Bickel read into the record a public comment received from James Jarvis, 2720 Hinda Road, Lake Park. In his comment, Mr. Jarvis expressed his concerns regarding the proposed project which included the height of the concrete wall along the property line, what would happen to the trees, the location of the fuel tanks, and if there would be enough room behind the concrete wall for FP&L to trim the trees along the power lines. Discussion ensued between staff and Council regarding the traffic flow turning out of the proposed gas station/convenience store. Vice Mayor Mullinix asked if some of the trees on the property would be saved. Mr. Milledge stated that there was a tree disposition plan and stated that the concrete wall would be buffered with hedges and landscaping. Mr. Hubsch stated that five live oak trees and twenty sabal palm trees would be preserved and relocated within the property, as well as twenty mahogany trees would be planted along the rear property line. Discussion ensued between staff, Mr. Milledge and Council regarding the trimming of the trees, requested tree waivers, and other features and services on the proposed project. Councilmember Searcy asked if there was a curfew in the Village that would keep the gas station/convenience store from being open 24 hours, 7 days a week. Mr. Rubin stated that the Village's Ordinance restricts the on premises consumption of alcohol between the hours of 2 a.m. and 7 a.m. but there was no restriction on having a store open 24 hours a day, 7 days a week. Minutes of Village Council Meeting held November 12, 2020 Page 5 of 11 ORDINANCE 2020-27 CODE AMENDMENT — CREATING A PLANNED UNIT DEVELOPMENT continued Mayor Bickel and Councilmember Searcy expressed their concerns with having a store open 24 hours a day, 7 days a week. Discussion ensued between Council regarding the pros and cons of having a 24/7 convenience store in the Village. Mayor Bickel asked if Council was in agreement with the applicants request to delete number 15 and number 19 as conditions for approval. The Council agreed to delete number 15 and number 19 as conditions for approval. Mr. Hubsch recommended getting feedback from the Police Department to find out what potential impacts there may be with having a 24/7 convenience store in the Village and to review that information before making a final decision when the item is brought back for second reading. Council agreed with Mr. Hubsch' recommendation. Thereafter, the motion to adopt on first reading Ordinance 2020-27 passed with all present voting aye. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-21 CODE AMENDMENT — COMMERCIAL ACTIVITIES PROHIBITED IN PARK FACILITIES AND RECREATION AREAS A motion was made by Councilmember Searcy and seconded by Vice Mayor Mullinix to adopt and enact on second 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 20-105 "COMMERCIAL ACTIVITIES PROHIBITED;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Recreation Director Stephen Poh stated that the ordinance would provide staff with the ability to clearly prohibit unpermitted commercial activities at Village parks and recreation facilities. Mayor Bickel opened the public hearing. There being no comments from the public, Mayor Bickel closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2020-21 passed with all present voting aye. Minutes of Village Council Meeting held November 12, 2020 Page 6 of 11 CONSENT AGENDA Councilmember Aubrey moved to approve the Consent Agenda. Councilmember Searcy seconded the motion which passed unanimously. The following items were approved: Resolution — Announcing the date of the Village General Election and Run-off Election if necessary, designating voting locations, requesting the Supervisor of Elections conduct the Election; authorizing the Supervisor of Elections to certify the accuracy of the tabulation equipment and handle, certify and canvass all ballots, including absentee ballots; designating the Canvassing Board. Resolution — Approving a Second Amendment to the Contract with AK Building Services, Inc. for ,Janitorial Services, to modify the Scope of Work to include the Country Club Clubhouse facility and increase the monthly compensation by $3,435.00 retroactive to December 2019, and authorizing execution of the Second Amendment. Resolution — Approving a Seventh Amendment to the Agreement for Grant Services with RMPK Funding, Inc. in an amount not to exceed $20,000; and authorizing execution of the Amendment. Resolution — Amending Resolution 2020-16 to remove Vehicle 223 and Vehicle 224 from the list of vehicles to be surplused and to reassign the vehicles to the Public Works and Community Development Departments. Resolution — Awarding a Contract with Volcano Pools, Inc. for the purchase and installation of a new pool heater at the North Palm Beach Country Club at a total cost of $38,750; and authorizing execution of the Contract. Resolution — Approving a Contract with Drive On Cart Path Systems, LLC for concrete work at the Country Club at a total cost of $32,000; and authorizing execution of the Contract. Receive for file Minutes of the General Employees Pension Board meeting held 8/4/20. Receive for file Minutes of the Recreation Advisory Board meeting held 9/8/20. Receive for file Minutes of the General Employees Pension Board special meeting held 9/11/20. Receive for file Minutes of the Golf Advisory Board meeting held 9/21/20. Receive for file Minutes of the Golf Advisory Board meeting held 10/19/20. Receive for file Minutes of the Library Advisory Board meeting held 10/27/20. DISCUSSION — Proposed Revisions to the Boat and RV Ordinance Mr. Lukasik gave a presentation which gave a history and highlights of the recommended changes to the boats and recreational vehicles ordinance. Mr. Lukasik reviewed the major issues and recommended changes presented by RV owners which included: • Height and Length: "Dimensional Exception" process for current equipment owners to maintain storage. • Screening Standards: opacity standard modified and neighboring landscaping permitted. • Loading/Unloading Time: increased time. • Extend the length allowance to 34 feet and the height allowance to 13.5 feet. • Utility Connections: restored past regulations. • No change to tie down requirements. Minutes of Village Council Meeting held November 12, 2020 Page 7 of 11 DISCUSSION — Proposed Revisions to the Boat and RV Ordinance continued Mr. Lukasik discussed and reviewed staff's recommended changes which included: • Height and Length of RV's (no changes for boats) to remain at historical 10' height (except for mechanical equipment) and 30' length. An RV (or boat) measuring more than 10' high or 30' long to apply for a "Dimensional Exception" to be considered by the Village Council. • "Dimensional Exception" Criteria — Replace the "Special Exception" process with a new "Dimensional Exception" process. • Screening — Require screening of equipment from adjacent properties and two year grow in timeframe. Change "opaque" to "90% opaque". Eliminate full screening requirement at ingress/egress. Require no less than a 6' gate (8'is permissible) and up to 20'wide. Allow hedges/screening on adjacent property to fulfill screening requirement. Mr. Lukasik discussed recommendations for parking and utility connection of boats and RVs in the front yard which included: • 24 hours for loading and unloading. • Limit to 4 times in a 14 -day period. • Use the same limits for boats. • Restore old language to prohibit occupation but allow connections periodically to maintain equipment/appliances. Mr. Lukasik explained and discussed a new issue related to utility and cargo trailers. Mr. Lukasik stated that he was seeking Council direction on staff's recommendation of amending the definition in Code Section 18-35.1 to include utility and cargo trailers. Mayor Bickel read into the record a public comment received from Catherine Garcia, 753 Anchorage Drive. In her comment, Ms. Garcia asked for consideration in revising the code to make the allowable RV height consistent with the allowable boat height of 12 feet. Mayor Bickel read into the record a public comment received from Lisa and Eric Jensen, 606 Shore Road. In their comment, Mr. and Mrs. Jensen expressed their appreciation to staff and Council for their recommendations relating to the boat and RV ordinance and stated that the proposed recommendations on the Dimensional Exception Criteria and including utility and cargo trailers in the ordinance should satisfy the RV owners and their neighbors. Mr. and Mrs. Jensen also expressed that they disagreed with the recommendation of delaying implementation of the revised ordinance until after the Covid-19 pandemic since there was no way of telling how long it would last. Councilmember Searcy expressed concern with allowing a two-year period for a neighboring property of an RV owner to grow in a hedge or planting that would screen the RV from view. Councilmember Searcy stated that it could potentially cause issues between neighbors. Discussion ensued among Council, Mr. Rubin and Mr. Lukasik regarding the current screening requirements in the boat and RV ordinance, the current Special Exception process and the newly proposed Dimensional Exception process. Discussion ensued among Council regarding the recommendations and proposed changes to the boat and RV ordinance. Minutes of Village Council Meeting held November 12, 2020 Page 8 of 11 DISCUSSION — Proposed Revisions to the Boat and RV Ordinance continued Council agreed with staff s recommendations with the exception of allowing a two-year grow in period for screening of RV's and to make the amendments effective November 12, 2020. Information Technology Director Michael Applegate read comments from the public that were made through the Zoom virtual meeting program. Mayor Bickel addressed the public and their concerns stating that no formal motions would be made that night and Council was giving direction to move forward with the item and would try their best to find a solution that would work for everyone. RESOLUTION 2020-75 — POLICE DEPARTMENT VEHICLES LEASE A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt Resolution 2020-75 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE LEASE OF THREE NEW POLICE DEPARTMENT VEHICLES ACQUIRED FROM BARTOW FORD CO. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CHARLOTTE COUNTY CONTRACT AND EQUIPPED BY DANA SAFETY SUPPLY PURSUANT TO AN EXISTING CITY OF MIAMI CONTRACT; APPROVING A FIVE-YEAR LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCE, INC.; TRANSFERRING TWO EXISTING VEHICLES TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PUBLIC WORKS DEPARTMENT; DECLARING THREE EXISTING VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR DISPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Manager Susanne Hachigian explained that three new police cars would be purchased. Ms. Hachigian explained and discussed the pricing and interest rate. Thereafter, the motion to adopt Resolution 2020-75 passed unanimously. Mayor Bickel recessed the meeting at 9:32 p.m. Mayor Bickel reconvened the meeting at 9:36 p.m. RESOLUTION 2020-76 — COUNTRY CLUB SOCIAL DINING MEMBERSHIP A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt Resolution 2020-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A NEW SOCIAL DINING MEMBERSHIP AT THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Country Club General Manager Beth Davis stated that staff was recommending an additional membership category to increase membership counts and grow revenue and further promote the public country club lifestyle and restaurant amenities to the community. Ms. Davis reviewed and explained what the proposed new social dining membership would include. Minutes of Village Council Meeting held November 12, 2020 Page 9 of 11 RESOLUTION 2020-76 — COUNTRY CLUB SOCIAL DINING MEMBERSHIP continued Discussion ensued between Council and staff regarding the benefits of the proposed social dining membership. Councilmember Searcy recommended adding a member number to all Country Club memberships. Mayor Bickel recommended making a better effort to inform the public that Country Club memberships are not only just for residents, that it is open to residents and non-residents alike. Kathleen Baummier, 909 Eucalyptus Road, asked why the resident membership cards were raised from $16.50 to $100. Director of Golf Allan Bowman stated that the resident membership cards were raised two years ago since the rate had not been raised before that for more than a decade. The rates needed to be increased to fall in line with the current rates that are charged at the golf course. Thereafter, the motion to adopt Resolution 2020-76 passed unanimously. RESOLUTION 2020-77 — U.S. HIGHWAY ONE LANE REPURPOSING PROJECT FEASABILITY REVIEW A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-77 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONDUCT OF A FEASIBILITY REVIEW OF THE LANE REPURPOSING PROJECT FOR U.S. HIGHWAY ONE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik stated that staff was recommending the submittal of an application to the Florida Department of Transportation to complete a feasibility review of the proposal to repurpose the traffic lanes on US Highway 1 in the Village. Mr. Lukasik explained that it was not the last step in the process, but a necessary step in order to obtain options to potentially use FDOT funding for the proposed project. Mr. Lukasik gave a history and reviewed and discussed input received from the public through recent open house meetings. Dr. Kim Delaney, Director of Strategic Development and Planning for the Treasure Coast Regional Planning Council gave a presentation and reviewed and explained the different design options available for the repurposing of the lanes on US Highway 1. Dr. Delaney explained and discussed the available FDOT funding for the proposed project. Mr. Lukasik stated that staff was recommending moving forward with the analyzation of Option 3 -2. Pat Friedman, 1200 Marine Way, stated on behalf of the Old Port Cove Property Association Executive Board that they were against the repurposing of lanes on US Highway 1 from six to four lanes. Ms. Friedman asked if the presentation given by Dr. Delaney could be available on social media for residents to view. Minutes of Village Council Meeting held November 12, 2020 Page 10 of 11 RESOLUTION 2020-77 — U.S. HIGHWAY ONE LANE REPURPOSING PROJECT FEASABILITY REVIEW continued Discussion ensued between Council regarding whether or not to move forward with a feasibility review of the proposed lane repurposing project of US Highway 1. Thereafter, the motion to adopt Resolution 2020-77 passed 4 to 1 with Vice Mayor Mullinix voting nay. DISCUSSION — Referendum for the USI Lane Repurposing Policy Question Mr. Lukasik began a presentation regarding the option of having a referendum question for the proposed US 1 Lane Repurposing project placed on the ballot in the next municipal election scheduled in March 2021. Mr. Lukasik gave a history of past referendum questions that were conducted in the Village and gave the Country Club property purchase, the Winter Club demolition, Prosperity Harbour, Prosperity Isles and the Twelve Oaks Annexation as examples. Mr. Lukasik discussed the reasons for using a referendum question and the language limits and timing for placing a referendum question on the ballot. Discussion ensued between Council on whether or not to have a referendum question for the proposed USI Lane Repurposing project. Information Technology Director Michael Applegate read comments from the public that were made through the Zoom virtual meeting program. Three out of the five Councilmembers agreed to move forward with preparing a straw poll referendum question for the proposed USI Lane Repurposing project to be formally decided on at the next scheduled Council meeting on December l Otn DISCUSSION — Assessment of Non Ad Valorem Stormwater Fee on 2021 Tax Bill Rob Taylor from Hazen & Sawyer, P.C. gave a presentation on fee structure and billing alternatives for stormwater utility fees. Mr. Taylor discussed and explained the selected method for establishing Equivalent Residential Unit (ERU) and the Four Levels of Service (LOS) Scenarios. Mr. Taylor stated that it was recommended to pursue Scenario 2 which included a stormwater program with asset videoing and cleaning plus rehabilitation and maintenance with 20% manhole to manhole lining and 5% replacement over 15 years. Mr. Taylor reviewed a comparison of the ERU rate by LOS Scenario. Council came to consensus to move forward with a Resolution of Intent 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. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik provided a handout to Council which discussed recommendations, questions and concerns from the Recreation Advisory Board regarding the Anchorage Park South Side Dry Storage. Mr. Lukasik read and reviewed the information with Council. Minutes of Village Council Meeting held November 12, 2020 Page 11 of 11 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:59 p.m. Je4: i "a Green, MMC'. Village Clerk