Loading...
08-25-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 25, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Mark Mullinix, Councilmember Chuck Huff, Interim Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Darryl C. Aubrey, Sc.D., Councilmember ROLL CALL Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present except for Councilmember Aubrey. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANC Mayor Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge. AWARDS AND RECOGNITION Eryn Russell, Ambassador for the Florida League of Cities presented Vice Mayor Norris with the Florida League of Cities' Mayor John Land Years of Service Award for serving as an elected official for the Village for twenty-five (25) years. Vice Mayor Norris thanked and expressed his appreciation to the Florida League of Cities, Village Council, the Village residents and his family for his award and the privilege to serve as an elected official for the Village of North Palm Beach. APPROVAL OF MINUTES The Minutes of the Regular Session held July 28, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Senator Bobby Powell, District 30, gave a 2022 Legislative update. Minutes of the Village Council Regular Session held August 25, 2022 Page 2 of 7 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-14 CODE AMENDMENT — REPEAL OF EXEMPT EMPLOYEE EMERGENCY DUTY A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt on first reading Ordinance 2022-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 8, "EMERGENCY MANAGEMENT," OF THE VILLAGE CODE OF ORDINANCES TO REPEAL ARTICLE III, "EXEMPT EMPLOYEE EMERGENCY DUTY" PROVIDING FOR THE COMPENSATION OF DISASTER -RELATED EMERGENCY WORK DURING A DECLARED STATE OF EMERGENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the ordinance was to repeal the portion of the Village Code providing for emergency duty compensation for exempt employees during a declared local state of emergency since the recent update to the Village's personnel rules and regulations provided for emergency pay for both non-exempt and exempt employees. Thereafter, the motion to adopt on first reading Ordinance 2022-14 passed with all present voting aye. President Pro Tem Bickel left the meeting. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. Vice Mayor Norris seconded the motion, which passed with all present voting aye. The following items were approved: Resolution approving a Grant Agreement with the Florida Department of Environmental Protection for the receipt of grant funds for preparation of the Village's Stormwater Master Plan; and authorizing execution of the Agreement. Resolution approving and ratifying a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, Inc. to revise Article 27 of the Collective Bargaining Agreement as it applies to Assignment Pay; and authorizing the Interim Village Manager to execute the Memorandum of Understanding. Resolution approving a Contract with drive on Cart Path Systems, LLC for concrete cart path installation, curbing and panel replacement at the North Palm Beach Country Club Golf Course at a total cost not to exceed $50,000; and authorizing execution of the Contract. Resolution approving the design, installation and maintenance of Community Aesthetic Features located at U.S. Highway One within the Village; and authorizing the Interim Village Manager and Village Clerk to execute a Community Aesthetic Feature Agreement with the Florida Department of Transportation for decorative art wraps around traffic control boxes. Receive for file Minutes of the Business Advisory Board Meeting held 6/21/22. Receive for file Minutes of the Recreation Advisory Board Meeting held 7/12/22. Minutes of the Village Council Regular Session held August 25, 2022 Page 3 of 7 President Pro Tem Bickel returned to the meeting. RESOLUTION 2022-63 — STORMWATER MANAGEMENT UTILITY NON -AD VALOREM ASSESSMENT ROLL ADOPTION AND CERTIFICATION A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt Resolution 2022-63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND CERTIFYING THE NON -AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT FOR PARCELS OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the history and evolution of implementing a stormwater utility fee to fund the repair and maintenance of the Village's stormwater system. Mr. Rubin explained that since a new three tier assessment fee structure was adopted, Florida Statutes Section 197.3632 required the adoption of the non -ad valorem assessment roll at a public hearing as if it were being levied for the first time. Thereafter, the motion to adopt Resolution 2022-63 passed with all present voting aye. RESOLUTION 2022-64 — AUDITOR SERVICES AGREEMENT A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE AUDITOR SELECTION COMMITTEE'S FINAL RANKING OF AUDITOR PROPOSALS, APPROVING AN AGREEMENT FOR AUDITING SERVICES WITH NOWLEN, HOLT & MINER, P.A. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that per Florida Statutes Section 218.391, the Village Council appointed the Audit Committee to serve as the Auditor Selection Committee and appointed Councilmember Aubrey to serve as Chair of the Committee. The Committee advertised a Request for Proposals for Audit Services and received four submittals. The Committee met on August 8th to score and rank the proposals. Nowlen, Holt & Miner, P.A. who was the current Village Auditor, scored and ranked the highest out of the four proposals and was also the firm that submitted the lowest cost proposal. The Committee recommended to Village Council to retain the services of Nowlen, Holt & Miner, P.A. as the Village's Auditor. Tom Magill, Audit Committee Chair, expressed his appreciation for the assistance he received through the process of selecting an auditor and also thanked Mr. Nowlen of Nowlen, Holt and Miner, P.A. for his services. Thereafter, the motion to adopt Resolution 2022-64 passed with all present voting aye. Minutes of the Village Council Regular Session held August 25, 2022 Page 4 of 7 RESOLUTION 2022-65 — POWER STRETCHERS PURCHASE A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt Resolution 2022-65 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF TWO STRYKER POWER PRO 2 STRETCHERS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SAVVIK BUYING GROUP COOPERATIVE PURCHASING CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $66,800.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE RESCUE — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; DECLARING TWO EXISTING STRETCHERS AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Fire Chief J.D. Armstrong explained the necessity for the new stretchers. Chief Armstrong stated that the new stretchers self -load into the ambulance which reduces the stress on the backs of the paramedics. Thereafter, the motion to adopt Resolution 2022-65 passed with all present voting aye. RESOLUTION 2022-66 — MONITOR/DEFIBRILLATORS PURCHASE A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-66 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF FOUR LIFEPAK 15 V4 MONITOR DEFIBRILLATORS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SAVVIK BUYING GROUP COOPERATIVE PURCHASING CONTRACT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $124,424.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FIRE RESCUE — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; DECLARING FOUR EXISTING MONITOR/DEFIBRILLATORS AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Fire Chief J.D. Armstrong explained that the monitor/defibrillators were being replaced on their normal rotation schedule since they have met their life span of seven (7) years and were considered obsolete. Chief Armstrong explained that two (2) bids were received and Stryker Medical presented the lowest bid. Thereafter, the motion to adopt Resolution 2022-66 passed with all present voting aye. RESOLUTION 2022-67 — COUNTRY CLUB GOLF COURSE POND REPAIR AND STABILIZATION AND RETAINING WALL INSTALLATION A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt Resolution 2022-67 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND REPAIR AND STABILIZATION AND THE INSTALLATION OF A RETAINING WALL AND DRAINAGE IMPROVEMENTS AT THE Minutes of the Village Council Regular Session held August 25, 2022 Page 5 of 7 RESOLUTION 2022-67 — COUNTRY CLUB GOLF COURSE POND REPAIR AND STABILIZATION AND RETAINING WALL INSTALLATION continued NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE'S PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained that the purpose of the resolution was a continuation of last year's CIP plan for golf course repairs and improvements. Mr. Bowman discussed and explained the different areas of the golf course that would be repaired and stabilized and where a retaining wall would be added at the 5th tee box along the Intracoastal Waterway. Thereafter, the motion to adopt Resolution 2022-67 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy asked Ms. Jacqueline Whelan to come up and make a delayed public comment. Jacqueline Whelan, 872 Fathom Court, expressed her concerns with the stormwater assessment of her property and asked if a reassessment of her property could be considered. Mr. Rubin explained that there was a provision in the code that allows the implementation of a rebate program for property owners who retain stormwater on site. Mr. Rubin stated that they cannot implement the program until the creation of the Stormwater Master Plan. Councilmember Mullinix stated that he reviewed the potential candidates for Village Manager and stated that they were impressive. Councilmember Mullinix expressed his opinion that Interim Village Manager Chuck Huff should be given the opportunity to become the Village Manager based upon his history with the Village and his recent performance as Acting Manager. Councilmember Mullinix stated that he has received numerous calls from residents recommending Mr. Huff for the Village Manager position. Councilmember Mullinix recommended that Council give Mr. Huff a six (6) to eight (8) month timeframe to demonstrate his ability to earn the Village Manager position. President Pro Tem Bickel stated that she also received numerous calls from residents regarding whether or not Council was considering Mr. Huff as Village Manager. President Pro Tem Bickel stated that she was on board with the recommendation but did not feel comfortable having frill discussion on the matter until Councilmember Aubrey was able to be a part of the discussion. Vice Mayor Norris concurred and stated that the discussion regarding the Village Manager position should be placed on an agenda and at a meeting where Councilmember Aubrey is able to attend. Mayor Searcy stated that there were thirty-seven (37) qualified applicants for the Village Manager position and recommended that Council go through the Village Manager recruitment process as advertised. Discussion ensued between Councilmembers regarding the next step in the Village Manager Recruitment process. Minutes of the Village Council Regular Session held August 25, 2022 Page 6 of 7 MAYOR AND COUNCIL MATTERS/REPORTS continued It was determined that next steps in the Village Manager recruitment process would be discussed at the next Council meeting that Councilmember Aubrey would be able to attend. Mayor Searcy directed Human Resources Director Renee Govig to email the applicants the day after the meeting to give them a status update on the process and to thank them for their patience. President Pro Tem Bickel asked Chief Jenkins if Canine Officer Denney would be taken care of and receive all that is needed for his medical care. Chief Jenkins stated that Canine Officer Denney's medical care would be covered by Workers Compensation and gave an update on his medical status. Mayor Searcy stated that the American Rescue Plan Act funds have been received by the Village. Mayor Searcy announced that a Business Networking Happy Hour would be taking place on Monday evening at Stormhouse Brewing at 5 p.m. Mayor Searcy announced that Coffee with a Cop would be taking place on September 10th from 9 a.m. to 12 p.m. in the Library Obert Room and encouraged residents to attend and get to know their police officers. Mayor Searcy announced that the first annual corn hole tournament would be taking place at the Community Center on September 17th and encouraged residents to attend. VILLAGE MANAGER MATTERS/REPORTS Building Recertification Building Official Wayne Cameron gave a status update on the County -wide Building Recertification program. Mr. Cameron gave a brief history of what had taken place in the program so far. Mr. Cameron explained that the Governor signed Senate Bill 4-D which requires visual inspections for condominium buildings three stories or higher that have been occupied for thirty (30) years, or twenty-five (25) years if the buildings are within three miles of a coastline; inspections are required every ten (10) years following the initial inspections. On August 23`d the Board of County Commissions agreed to move forward with the legislation in Senate Bill 4-D as passed. Mr. Cameron stated that there were seventy-nine (79) buildings in the Village that met the new statutory requirement. Mr. Cameron stated that staff would be working with the various Homeowner's Associations to advise them on steps that need to be taken in the coming months. Mayor Searcy asked if an ordinance needed to be passed for the new legislation. Mr. Cameron explained that the Village would not have to pass an ordinance since it was a new state law. The County only took consideration to making modifications to the law. The County accepted the law as it was written. Mayor Searcy asked approximately how long it would take the Village to complete the process of recertifying the seventy-nine (79) buildings. Minutes of the Village Council Regular Session held August 25, 2022 Page 7 of 7 Building Recertification continued �^ Mr. Cameron stated that the law allowed until 2024 to complete the process. Mayor Searcy stated that the Ad Hoc Committee was requesting guidance from Council on next steps or items Council wanted reviewed. Council agreed to have a discussion or workshop on what items to ask the Ad Hoc Committee to review. Regulation of Smoking in Village Parks Mr. Rubin gave a brief history regarding the regulation of smoking in parks. Mr. Rubin stated that smoking in parks had been preempted by the state but recently the preemption was lifted for municipalities and counties. Mr. Rubin explained that smoking can now be regulated except for smoking cigars. Mr. Rubin asked Council if they had any interest in regulating smoking within their Village parks. Mr. Rubin discussed and explained what type of places or parks that would be excluded. Discussion ensued between Councilmembers and Chief Jenkins regarding the regulation of smoking in parks and how it would be enforced. Mary Phillips, 525 Ebbtide Drive, congratulated Vice Mayor Norris on receiving the Florida League of Cities' Mayor John Land Years of Service Award. Ms. Phillips stated that she is at Anchorage Park every day and has observed that smoking generates a lot of waste in the park. Council directed staff to draft an ordinance to regulate smoking in Village Parks. Mr. Rubin made a request for an Attorney Client Session with Council to discuss a lawsuit between Anchorage at Southwinds, LLC and the Village. Mr. Rubin was requesting the meeting in order to seek guidance in responding to an Order. Mr. Rubin recommended starting the session at the beginning or end of the next meeting and stated that the session shouldn't take more than thirty (30) minutes. Discussion ensued between Councilmembers regarding when to start the Attorney Client Session at the next Council meeting. Council agreed to start the Attorney Client Session at the beginning of the next scheduled Council meeting on September Stn ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:17 p.m. Jes 0 a Green, MMC, Village Clerk