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11-18-2021 VC SP-MMINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 18, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Vice Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were physically present except for Mayor Aubrey who attended the meeting virtually. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Searcy gave the invocation and President Pro Tem Mullinix led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held October 28, 2021 were approved as written. STATEMENTS FROM THE PUBLIC John Samadi, 512 Marlin Road, expressed his concerns with Council not responding to him regarding his complaints about certain employees of the Village. Chris Ryder, 118 Dory Road S, discussed and expressed his concerns regarding Palm Beach Crew's use of Anchorage Park and its dry storage. Lisa Interlandi, 150 Anchorage Drive, discussed her concerns with proposed restrictions for Lakeside Park and gave her recommendations for easing its parking issues. Judy Pierman, 560 Greenway Drive, expressed her kudos to the Village for its events and the opportunity that was afforded to the Youth Orchestra to practice in the Country Club Banquet Room. Ms. Pierman stated that the Youth Orchestra was recognized by the Palm Beach Post. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS There was no ex -parte communication for the following item: PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD Minutes of the Village Council Special Session held November 18, 2021 Page 2 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD continued A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt and enact on second reading Ordinance 2021-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS "PROSPERITY VILLAGE" ON APPROXIMATELY 2.33 ACRES OF REAL PROPERTY LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE 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. Donaldson Hearing of Cotleur & Hearing stated that a detailed presentation regarding the proposed Prosperity Village PUD was heard on first reading at the October 28th Council meeting and requested that the presentation be made part of the record. Mr. Hearing gave a brief summary of the proposed project. Mr. Hearing requested final approval for the proposed project. Vice Mayor Searcy opened public comment. Deborah Cross, 2560 Pepperwood Circle South expressed her concerns regarding the proposed Prosperity Village PUD and asked that it be tabled in order to have time to address those concerns. There being no further comments, Vice Mayor Searcy closed the public hearing. Mayor Aubrey, President Pro Tem Norris and Councilmember Norris expressed support for the proposed Prosperity Village PUD. Vice Mayor Searcy and Councilmember Bickel expressed that they did not support the proposed Prosperity Village PUD. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-12 passed 3 to 2 with Mayor Aubrey, President Pro Tem Mullinix and Councilmember Norris voting aye and Vice Mayor Searcy and Councilmember Bickel voting nay. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-19 CODE AMENDMENT — CIVIL CITATIONS A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2021-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VII, "ALTERNATE METHOD OF CODE ENFORCEMENT," TO MODIFY THE PROCEDURES APPLICABLE TO THE ISSUANCE OF CIVIL CODE ENFORCEMENT CITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Special Session held November 18, 2021 Page 3 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-19 CODE AMENDMENT — CIVIL CITATIONS continued Mr. Rubin explained the purpose of the proposed ordinance and stated that nothing had changed since the first reading. Mr. Rubin stated that staff would be bringing forward a resolution to a future meeting that would update the list of code sections that may be enforced by citation and would modify the fine schedule for various violations of the Village Code. Vice Mayor Searcy opened public comment. There being no comments from the public, Vice Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-19 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-20 CODE AMENDMENT — FIRES AND GRILLS IN PARKS A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2021-20 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," OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A NEW SECTION 20-10, "PROHIBITED FIRES AND GRILLS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance and that there had been no changes since its first reading. The ordinance would allow the use of grills in Village parks if they are provided by the Village or if it was a contractor acting under the authority of the Village. The ordinance precludes the use of private grills or having open flames in the parks. Vice Mayor Searcy opened public comment. There being no comments from the public, Vice Mayor Searcy closed the public hearing. Vice Mayor Searcy asked if grills had been ordered for the parks. Mr. Lukasik stated that grills had not been ordered yet. Mr. Lukasik stated that conversations were needed with the Recreation Advisory Board or Council to provide direction. Council came to consensus to have the Recreation Advisory Board make a recommendation for the new grills in the Village's parks. Thereafter, the motion to adopt and enact on second reading Ordinance 2021-20 passed unanimously. Minutes of the Village Council Special Session held November 18, 2021 Page 4 of 6 CONSENT AGENDA APPROVED President Pro Tem Mullinix moved to approve the Consent Agenda. Mayor Aubrey seconded the motion, which passed unanimously. The following items were approved: Resolution approving an increase in the purchase order issued to Hy -Byrd Incorporated for building inspection services for Fiscal Year 2021 by $20,425. Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2022 Budget to include a part-time Functional Manager Position. Receive for file Minutes of the General Employees Pension Board meeting held 8/3/21. Receive for file Minutes of the Planning Commission meeting held 10/5/21. Receive for file Minutes of the Library Advisory Board meeting held 10/26/21. OTHER VILLAGE BUSINESS MATTERS PRESENTATION — RECREATION NEEDS ASSESSMENT SURVEY Mr. Barth of Barth and Associates gave a final presentation on the recreation needs assessment survey results. Mr. Barth reviewed and discussed the scope of work, needs assessment finding and recommendations. Mr. Barth concluded the presentation by asking if Council had any questions. Vice Mayor Searcy asked what the next step would be. Mr. Lukasik explained that the strategic prioritization process that is done every year is when and how the recreation needs would be addressed. Discussion ensued between Councilmembers and Mr. Barth regarding recreation programs that were desired or needed in the Village. RESOLUTION — QUASI-JUDICIAL PROCEDURES A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING PROCEDURES APPLICABLE TO QUASI-JUDICIAL PROCEEDINGS BEFORE THE VILLAGE COUNCIL AND PLANNING COMMISSION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village never formally adopted a formal quasi-judicial proceeding. Mr. Rubin stated that formal procedures were not legally required, however based on the revisions and updates to the Village's Commercial Zoning Code, Village staff anticipated an increase in both the total number of quasi-judicial proceedings and the number of proceedings before Council. Mr. Rubin discussed and explained what types of matters were considered quasi-judicial. If the quasi-judicial matter involved an Ordinance with more than one reading, the first reading would constitute the quasi-judicial proceeding. The Council may ratify its prior decision or re -open the hearing. The proposed procedures also provide a procedure for participation by interested persons. Interested persons who meet the required criteria would be entitled to participate in the hearing and be afforded an opportunity to be heard in the same manner as party to the proceedings. Mr. Rubin discussed and explained the proposed procedures for quasi-judicial proceedings. Minutes of the Village Council Special Session held November 18, 2021 Page 5 of 6 RESOLUTION — QUASI-JUDICIAL PROCEDURES continued David Milledge of Cotleur & Hearing requested that Council direct staff to research what qualifies persons as an interested or affected party and come up with a specific procedure. Mr. Rubin explained that the proposed procedure was modeled after the Village's notice requirements. Questions and discussion ensued between Councilmembers and Mr. Rubin regarding the proposed procedures for quasi-judicial proceedings. Council requested that revisions be made to the proposed quasi-judicial procedures to include a more expansive definition of what would constitute an interested person that would be afforded party status. A motion was made by Councilmember Norris and seconded by Councilmember Bickel to table the Resolution adopting procedures applicable to quasi-judicial proceedings to the next scheduled Council meeting. Thereafter the motion passed unanimously. RESOLUTION 2021-95 — DISCLAIMING VILLAGE'S INTEREST IN A DRAINAGE EASEMENT A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2021-95 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DISCLAIMING THE VILLAGE'S INTEREST IN A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY ENCUMBERING A VACANT PARCEL OF REAL PROPERTY LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village received a request from the property owner of the site for the proposed Prosperity Village Planned Unit Development to disclaim the Village's interest in a Drainage Easement located on one of the vacant parcels. The easement runs in favor of Palm Beach County, which owns the roadway. All other portions of the easement have already been abandoned and was not utilized by the Village or any other utility provider. Northern Palm Beach County Improvement District had already indicated that it had no objection to abandonment of the easement. Thereafter, the motion to adopt Resolution 2021-95 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Bickel asked that Mr. Rubin address comments made by Mr. Ryder regarding Palm Beach Crew's use of Anchorage Park. Mr. Rubin stated that he would address Mr. Ryder's questions and concerns when the agreement for Palm Beach Crew came back before Council for consideration. President Pro Tem Mullinix stated that he addressed Mr. Samadi's comments and concerns by speaking with Village Manager Lukasik. President Pro Tem Mullinix stated that Council did not deal directly with employees and that he was confident that Mr. Lukasik was handling and addressing Mr. Samadi's concerns. Minutes of the Village Council Special Session held November 18, 2021 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik stated that Public Works Director Chuck Huff would introduce a new staff member. Mr. Huff introduced Keith Davis as the new Fleet Manager in the Public Works Department. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:23 p.m. Jed ic� Green, MMC, Village Clerk U