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06-09-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 9, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend William Dominick O'Shea led the public in the pledge of allegiance and gave the invocation. AWARDS AND RECOGNITION Mayor Searcy presented a Proclamation to Reverend William Dominick O'Shea for the 601h Anniversary of his ordination. STATEMENTS FROM THE PUBLIC Judy Pierman, 560 Greenway Drive, thanked Council for awarding Reverend William Dominick O'Shea a proclamation. Mrs. Pierman expressed her appreciation for Reverend O'Shea and stated that he has been a positive influence in the Village. Russell Beverstein, 415 U.S. Highway 1, expressed his appreciation for the Village and the Village's Country Club. Mr. Beverstein recommended that Council consider other options for a restauranteur at the Country Club when the current restauranteur's lease agreement was up for renewal. Chris Ryder, 118 Dory Road S, discussed and expressed his concern regarding changes that were made to the Village's code between the spring of 2019 and the summer of 2020. CONSENT AGENDA APPROVED Councilmember Aubrey moved to approve the Consent Agenda. Vice Mayor Norris seconded the motion, which passed unanimously. The following item was approved: Receive for file Minutes of the Recreation Advisory Board Meeting held 5/10/22. Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 2 of 6 PRESENTATION — Town of Lake Park Draft Land Development Regulations for the Twin City Mall Site John D `Agostino Town Manager for the Town of Lake Park introduced himself and expressed his appreciation for Village Manager Lukasik and stated that Mr. Lukasik would be missed after his departure from the Village. Mr. D `Agostino gave a brief history of the C-3 Regional Business District and the partnership between the Town of Lake Park and the Village of North Palm Beach. Mr. D `Agostino introduced Nadia DiTommaso, Community Development Director for the Town of Lake Park and stated that she would give a presentation to discuss and explain a completed draft of new land development regulations for the C-3 Regional Business District which is also known as the Twin City Mall. Ms. DiTommaso began the presentation by explaining the portions of the Twin City Mall property that were within the Village and within the Town of Lake Park's boundaries, and the history of the property. Ms. DiTommaso explained that the Town was proposing regulations that would allow a more intensive pattern of mixed use and increased height. Ms. DiTommaso explained that the proposed regulations would include added architectural requirements and building typologies for building massing with locations specified on a regulating plan. Density would be increased to forty-eight (48) dwelling units per acre for residential projects and an overall 2.0 floor area ratio (FAR). Buildings can also be built up to a maximum of twelve (12) stories in height or 160 feet. Ms. DiTommaso explained that the code would provide for continuity of design, connectivity and coordination between the Town and the Village. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the proposed regulations for the Twin City Mall property. Mr. Lukasik thanked D `Agostino for his comments. Mr. Lukasik gave an update on the Village's proposed changes to regulations with regards to the Twin City Mall property. Mr. Lukasik discussed and explained the residential and commercial portions of the site. Mr. Lukasik stated that the Village had been working with the owner of the Twin City Mall property and discussing its proposed development with the developer. Mr. Lukasik discussed and explained the concept plans for the site which would include a mix of residential and commercial and stated that Village staff have given their critiques and recommendations to the developer and plan to have a future meeting with them to discuss final comments. RESOLUTION 2022-44 — LIBRARY SHELVING UNITS PURCHASE A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt Resolution 2022-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF LIBRARY SHELVING UNITS FOR THE VILLAGE LIBRARY FROM R. GEORGE & ASSOCIATES, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING PALM BEACH COUNTY CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Leisure Services Zak Sherman explained the purpose of the resolution. Mr. Sherman explained how funding for the purchase of new shelving for the 2°d story of the library was obtained mainly through donations. Mr. Sherman thanked President Cathy Graham and the members of the Friends of the Library for their help in raising and donating money for the project. Mr. Sherman showed pictures of what the new shelving would look like and stated that the new shelving would replace the original shelving which has been in place since the library opened in 1969. Mr. Sherman discussed and explained the design, specifications and functions of the new shelving. Mr. Sherman concluded by stating that the steel wall shelving would take approximately sixteen (16) weeks and the mobile floor shelving would take approximately twelve (12) weeks. Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 3 of 6 LUTION 2022-44 — LIBRARY SHELVING UNITS PURCHASE continued Staff is expecting to have another grand opening of the library after the 2nd floor renovations are completed. Mayor Searcy thanked the Friends of the Library for all of their hard work. Discussion ensued between Council and Mr. Sherman regarding the comparison of storage capacity, safety mechanisms and composition between the new shelving and the old shelving. Thereafter, the motion to adopt Resolution 2022-44 passed unanimously. RESOLUTION 2022-45 — AMENDMENT TO FISCAL YEAR 2022 BUDGET'S ORGANIZATIONAL CHARTS AND COMPREHENSIVE PAY PLAN A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2022-45 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE ORGANIZATIONAL CHARTS AND COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2022 BUDGET TO IMPROVE SERVICE DELIVERY; REVISING POSITIONS WITHIN THE PUBLIC WORKS DEPARTMENT, THE VILLAGE CLERK'S OFFICE, THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE COUNTRY CLUB; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik discussed and explained the following proposed changes. Elimination of the Streets and Stormwater Manager and Solid Waste Manager positions, creation of the Field Operations Manager and Facility Manager positions, and the addition of a part-time Facilities Maintenance Technician in the Public Works Department. The elimination of the Administrative Coordinator position in the Clerk's Office and the creation of the Code Compliance Assistant in the Community Development Department. There would also be the replacement of the existing Accounting Clerk position with an Accountant position in the Country Club Budget. Mr. Lukasik discussed and explained the reasoning for the changes and stated that the changes did not create any immediate impact on the operating budget. Thereafter, the motion to adopt Resolution 2022-45 passed unanimously. PRESENTATION — Building Recertification Process Building Official Wayne Cameron began a presentation giving an update on the building recertification process. Mr. Cameron gave a history of the proposed changes to the process and an update on what took place since the last time the process was discussed at a previous Council meeting. As a result of County meetings and State legislative sessions, Governor DeSantis signed Senate Bill 4D Statewide Building Milestone Inspections which requires that a condominium or cooperative must have a milestone inspection performed for each building that is three stories or more in height by December 31St of the year the building turns thirty (3 0) years old and every ten (10) years thereafter. If the building is located within three (3) miles of the coastline, the inspection must be performed by December 31St of the year the building reaches twenty-five (25) years old and every ten (10) years thereafter. If a building certificate of occupancy was issued before July 1, 1992 the building's initial milestone inspection must take place by December 31, 2024. Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 4 of 6 PRESENTATION — Building Recertification Process continued The milestone inspection consists of two (2) phases. The first phase is a visual inspection by a licensed architect or engineer. If significant structural deterioration is identified, a second phase would commence and would include a full assessment of the areas of structural distress. A phase one and two report would be required to be submitted to the local jurisdiction's building official. Mr. Cameron continued stating that the Senate Bill would also require that a condominium or cooperative have a structural integrity reserve study completed every ten (10) years and effective December 31, 2024 the bill prohibits the waiver or reduction of reserves for items that are required to be inspected in a structural integrity reserve study and reserve funds may only be used for their intended purpose. Mr. Cameron stated that the next meeting of the Building Official's Subcommittee would take place on July 18, 2022 where they will discuss next steps and set up countywide procedures and protocols that fall in line with the State's requirements. Discussion, questions, and answers ensued between Council and Mr. Cameron. Mr. Cameron stated that he would get clarification on whether or not the new bill's requirements were intended for buildings over three stories high and bring that information back to Council. Deborah Cross, 2560 Pepperwood Circle S, asked if the Senate bill's requirements included commercial buildings or if it was just for residential buildings. Chris Ryder, 118 Dory Road S, expressed concern that the Senate bill allows architects or engineers to make the inspections on buildings and requested that Council and staff make a request to change the language of the bill allowing only engineers to make those inspections. DISCUSSION — Anchorage Park Dry Storage Project Mr. Sherman began a presentation that gave an update on the proposed Anchorage Dry Storage Project. Mr. Sherman discussed and explained the layout and plans for the proposed project. Mr. Sherman discussed and explained the budget for the proposed project. Mr. Sherman stated that the current budget for the project was $500,000; however, the preliminary cost estimate from the Village Engineer was $1,609,234.80. Mr. Sherman stated that Mr. Lukasik had recommended to the Audit Committee that $560,000 of FY 2021 General Fund Net Income Funds be used towards the East Alleyway Resurfacing/Wall Replacement project and/or the Anchorage Dry Storage Project. Should the entire $560,000 Net Income be applied to the Anchorage Dry Storage Project, it would increase the project's budget to $1,060,000 but would still be over budget by $549,234.80. Mr. Sherman discussed and explained how the Village could recover the entire cost of the project within ten (10) years by raising the rental fees. Mr. Sherman discussed current rental fees and proposed rental fees. Discussion ensued between Council, Mr. Sherman and Mr. Lukasik regarding the proposal of raising rental fees to recoup the costs of the proposed project. Mr. Sherman concluded the presentation by discussing next steps for the proposed project which were to finish civil, electrical and landscaping plans to one -hundred percent (100%), develop a strategy for existing customers during construction, and get bid specs out and award a contract at the start of the new fiscal year. Mr. Sherman showed options for surfacing, striping and milling for the proposed project. Discussion ensued between Council and Adam Swaney from Engenuity Group, Inc. regarding the different options for striping, surfacing and milling for the proposed project. Draft Minutes of the Village Council Regular Session held June 9, 2022 Page 5 of 6 DISCUSSION — Anchorage Park Dry Storage Project continued Mr. Sherman discussed fencing, hedging and landscaping for the proposed project. These residents addressed the Council with their concerns and recommendations regarding the Anchorage Dry Storage Project: Chris Ryder, 118 Dory Road S Mary Phillips, 525 Ebbtide Drive Deborah Cross, 2560 Pepperwood Circle Cathy Graham, 508 Fairwind Drive Lisa Jensen, 606 Shore Road Kim Pasqualini, 632 Inlet Drive Emily O'Mahoney from Gentile Holloway O'Mahoney & Associates, Inc. discussed and explained the proposed plantings and landscaping for the proposed project. Discussion ensued between Council, staff and Ms. O'Mahoney regarding the proposed landscaping for the proposed project. Mr. Sherman stated that the Recreation Advisory Board would be reviewing and discussing the proposed project at their next meeting and would then bring their recommendations to the Planning Commission and subsequently bring it back before Council. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix expressed his disappointment that the Special Council Meeting that took place on June 2nd was not offered online through Zoom. Mayor Searcy recommended reviewing and revising the Village's processes when it came to new development in the Village. Mr. Rubin explained that the Village cannot deny new projects or development if they meet the requirements of the Comprehensive Plan unless waivers or special exceptions are requested. Discussion ensued between Council and Mr. Rubin regarding the revision of policies and procedures for approving projects or development within the Village. Mayor Searcy clarified that political signs that are erected more than thirty (30) days before an election was in violation of the Village code but in keeping with a Supreme Court ruling, the Village cannot regulate the content of signs. Mayor Searcy recommended that the Village's sign code be revised. Discussion ensued between Council and Mr. Rubin regarding proposed revisions to the Village's sign code. Mr. Rubin stated that recommendations for revisions to the sign code would be brought to Council at a future meeting. Mr. Lukasik explained and discussed an incident that took place at Lakeside Park between a family group gathering and the Village's police. The police were enforcing the Village's code with regards to the amount of persons that can gather at the park. Mr. Lukasik stated that he and staff had discussions with the family who was emotionally distraught by the incident. Mr. Lukasik recommended that the Village's code pertaining to group gatherings in parks be revisited and revised. Minutes of the Village Council Regular Session held June 9, 2022 Page 6 of 6 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:37 p.m. Je& a Green, MMC, Village Clerk