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09-22-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 22, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Chuck Huff, Interim Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL 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 Mayor Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge. AWARDS AND RECOGNITION Mayor Searcy presented a Proclamation for Gold Star Families Remembrance Week. Members of Gold Star Families accepted the Proclamation and thanked Council for their support. Mayor Searcy presented a Proclamation for Arbor Day to Director of Leisure Services Zak Sherman and staff from the Recreation Department and members of the Environmental Committee. Karen Marcus, Chair of the Environmental Committee thanked Council and gave an update on the Committee's efforts to encourage more planting of trees within the Village. APPROVAL OF MINUTES The Minutes of the the Regular Session held September 8, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Bill Rose, 36 Yacht Club Drive, expressed his concerns regarding the proposed 200 Yacht Club Drive project. Bob Starkie, 36 Yacht Club Drive, expressed his concerns regarding the proposed 200 Yacht Club Drive project. Minutes of the Village Council Regular Session held September 22, 2022 Page 2 of 8 STATEMENTS FROM THE PUBLIC continued Chris Ryder, 118 Dory Road South, expressed his concerns regarding the decision to end the utilization of Zoom for Council meetings. Mr. Ryder also expressed his concerns regarding Anchorage Park and the proposed lane reduction of U.S. Highway 1. Susan Barnard, 400 Gulf Road, expressed her appreciation for the electrical pole being removed from her property and thanked Mr. Huff for his efforts. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2022-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30,2023; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE -APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff presented two (2) FY 2023 Millage Selection Options. Option #1 was to retain the FY 2022 millage rate of $7.05 mils or Option #2 was to reduce the millage rate to $7.00 mils. Mayor Searcy opened the public hearing on the ad valorem tax millage rate and budget. There being no comments from the public, Mayor Searcy closed the public hearing. Discussion ensued among the Councilmembers regarding the millage rate options. A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to establish an ad valorem tax millage rate of 7.0000 mils. The motion passed unanimously. Minutes of the Village Council Regular Session held September 22, 2022 Page 3 of 8 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued Mayor Searcy announced that the rolled back rate is 6.2648 mils, the percentage increase over the rolled back rate is 11.74%, and the millage rate to be levied is 7.0000 mils. A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to amend Ordinance 2022-15 to change the millage rate from 7.0500 mils to 7.0000 mils. The motion to adopt and enact on second reading Ordinance 2022-15 approving the Ad Valorem Tax Millage Rate as amended passed unanimously. The motion to adopt and enact on second reading Ordinance 2022-16 approving the Fiscal Year 2022-2023 Annual Budget passed 4 to 1 with Mayor Searcy, Vice Mayor Norris, President Pro Tem Bickel and Councilmember Aubrey voting aye. Councilmember Mullinix voted nay. ORDINANCE 2022-17 CODE AMENDMENT — FIRE AND POLICE PENSION A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2022-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-159, "CREATION OF TRUST AND DEFINITIONS," SECTION 2-161, "BENEFIT AMOUNTS," AND SECTION 2-163, "CONTRIBUTIONS," TO AMEND THE CALCULATION OF POLICE OFFICER RETIREMENT BENEFITS TO INCREASE THE MULTIPLIER USED TO CALCULATE RETIREMENT BENEFITS, MODIFY THE MAXIMUM CAP AND INCREASE THE EMPLOYEE CONTRIBUTION FOR POLICE OFFICER MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin stated that the ordinance had passed on first reading at the previous meeting and that the purpose of the ordinance was to address the changes that were made to the Police pension benefit amounts as a result of negotiations and a new Collective Bargaining Agreement between the Village and the Police Benevolent Association. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-17 passed unanimously. MOTION — DIMENSIONAL EXCEPTION APPLICATION FOR 407 OYSTER ROAD Interim Community Development Director Alex Ahrenholz gave a brief history of the property and explained and described the applicant's recreational vehicle location. Mr. Ahrenholz showed pictures of the recreational vehicle, its screening and its location. Mr. Ahrenholz stated that staff was recommending approval of the dimensional exception request with the condition that if any of the trees or shrubs on the subject property or on the neighboring property that are currently providing screening are removed, they shall be replaced on the applicant's property or the neighboring property within six months of their removal and the mesh fabric currently being used as screening shall be removed within thirty (30) days. Minutes of the Village Council Regular Session held September 22, 2022 Page 4 of 8 MOTION — DIMENSIONAL EXCEPTION APPLICATION FOR 407 OYSTER ROAD continued Mayor Searcy opened the public hearing on the Dimensional Exception Application for 407 Oyster Road. There being no comments from the public, Mayor Search closed the public hearing. A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to approve the Dimensional Exception Application for 407 Oyster Road subject to the conditions recommended by staff. Thereafter, the motion passed unanimously. CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the Consent Agenda. Councilmember Mullinix seconded the motion, which passed unanimously. The following items were approved: Motion to grant a merit increase of 4.4% to the Village Clerk based upon the averaged score of the performance evaluations and directing the Village to process same. Resolution approving a Blanket Purchase Order with Baker and Taylor LLC in an amount not to exceed $33,000 for Village Library books. Resolution approving a Blanket Purchase Order with Bibliotheca LLC in an amount not to exceed $25,000 for Village Library access to electronic books. Resolution approving a Ninth Amendment to an Agreement for Grant Services with RMPK Funding, Inc. with compensation for Fiscal Year 2023 not to exceed $20,000; and authorizing execution of the Ninth Amendment. Resolution approving a Second Amendment to the Licensing Agreement with Richard E. Cavanah, Inc. to utilize the Country Club Pool for organized swim training and activities; extending the term through September 30, 2024 and increasing the monthly License Payment from $2,000 to $2,100 per month; and authorizing execution of the Second Amendment. Resolution approving the purchase of Interior Air Purification Systems from RGF Environmental Group, Inc. at a total cost of $42,176.10; and waiving the Village's purchasing policies and procedures. Resolution accepting a proposal from Beach Environmental Exterminating, Inc. at a total cost of $28,948 for termite treatment at the Public Safety building; and authorizing execution of the Contract. Resolution approving a Third Amendment to an Agreement with NZ Consultants for Long Range Planning and Zoning Services; increase the total amount of compensation not to exceed $130,000 and extend the term of the Agreement through September 30, 2023; and authorizing execution of the Third Amendment. Resolution approving a Second Amendment to the Agreement with C.A.P. Government, Inc. for building inspection services; extending the Agreement through September 30, 2023 and increasing the total amount of compensation to $150,000; and authorizing execution of the Second Amendment. Receive for file Minutes of the Recreation Advisory Board Meeting held 8/9/22. Minutes of the Village Council Regular Session held September 22, 2022 Page 5 of 8 RESOLUTION 2022-80 — MUNIS WORK ORDER MODULE FOR PUBLIC WORKS DEPARMENT A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt Resolution 2022-80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM TYLER TECHNOLOGIES, INC. FOR THE ADDITION OF A MUNIS WORK ORDER MODULE FOR THE PUBLIC WORKS DEPARTMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $98,450.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PUBLIC WORKS — COMPUTER HARDWARE AND SOFTWARE CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Acting Public Works Director Chad Girard explained that the purpose of the resolution was to purchase a new work order software program that would integrate with the Village's current inventory and accounting software. Deborah Cross, 2560 Pepperwood Circle S, asked for clarification regarding a reduction or discount that was on the proposal and was added back to the total. Mr. Girard explained that there was a ten percent (10%) discount on the overall licensing fees and the yearly costs were ten percent (10%) of the original amount. Discussion ensued between Council and Mr. Girard regarding the discounts and costs. Mr. Girard stated that he would check back with the software company to clarify all of the costs. Thereafter, the motion to adopt Resolution 2022-80 passed unanimously. RESOLUTION 2022-81 — FOURTH AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt Resolution 2022-81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A FOURTH AMENDMENT TO THE GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF MAINTENANCE, INC. TO PROVIDE FOR AN ADJUSTMENT IN ANNUAL COMPENSATION FOR FISCAL YEAR 2023 AS WELL AS AN ADDITIONAL EMPLOYEE AND EQUIPMENT; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FOURTH AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained the purpose of amendment to the contract. Mr. Bowman explained that based on a previous amendment to the contract the total annual compensation for Fiscal Year 2023 would be adjusted by the weighted average of changes to the Consumer Price Index for all Urban Consumers and the Employment Cost Index for Total Compensation for Private Industry Workers. Minutes of the Village Council Regular Session held September 22, 2022 Page 6 of 8 RESOLUTION 2022-81 — FOURTH AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT continued The weighted averages of the two indexes was 6.2% and Brightview was entitled to receive the additional five percent (5%). However, staff was seeking to increase the annual compensation by an additional 3.25% to add one (1) golf course equipment turf sprayer and one (1) additional employee to its maintenance staff to assist the Country Club in achieving optimal golf course conditions. The total recommended adjustment to the compensation would be 8.25%. Thereafter, the motion to adopt Resolution 2022-81 passed unanimously. RESOLUTION 2022-82 — THIRD AMENDMENT TO JANITORIAL SERVICES CONTRACT A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2022-82 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE CONTRACT WITH AK BUILDING SERVICES, INC. FOR JANITORIAL SERVICES TO EXTEND THE TERM THROUGH FISCAL YEAR 2023 AND INCREASE THE COMPENSATION; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. James Anthony, Facilities Manager explained the purpose of the resolution. Mr. Anthony explained that AK Building Services was requesting an eight percent (8%) increase in its base compensation in response to an increase in the minimum wage in the State of Florida and an increase in the cost of supplies. Deborah Cross, 2560 Pepperwood Circle S, asked for clarification of the fees in the contract and asked if the Country Club had its own cleaning services. Mr. Anthony explained that temporary facilities at the Country Club were backed out of the contract. The contract is paid for out of the Public Works and Country Club budgets. The contract covers cleaning for all Village facilities. Discussion ensued between Councilmembers and Mr. Rubin regarding the Janitorial Services Contract with AK Building Services, Inc. Thereafter, the motion to adopt Resolution 2022-82 passed unanimously. RESOLUTION 2022-83 — PUD AMENDMENT A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2022-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE SHOPPES AT CITY CENTRE PLANNED UNIT DEVELOPMENT TO REVISE THE APPROVED BUILDING COLORS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held September 22, 2022 Page 7 of 8 RESOLUTION 2022-83 — PUD AMENDMENT continued Mr. Ahrenholz began a presentation. Mr. Ahrenholz gave a brief history of the Shoppes at City Centre Planned Unit Development. The property owner was proposing the paint the buildings different colors than the shades of brown and tan that were approved in the original plan. Mr. Ahrenholz showed the Council renderings with the proposed paint colors. Mr. Ahrenholz stated that staff was recommending the minor modification to the Shoppes at City Centre Commercial Planned Unit Development to change the colors referenced in the Building Elevation Color and Identification Graphic. Discussion ensued between Council and staff regarding the minor modification to the Shoppes at City Centre Planned Unit Development Thereafter, the motion to adopt Resolution 2022-83 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy stated that it had come to her attention that the Village' budget could be adopted by resolution instead of by ordinance. Mayor Searcy asked Mr. Rubin to explain. Mr. Rubin stated that Florida statute allows a municipalities budget to be adopted by resolution or ordinance. The Village's current code requires that the budget be adopted by ordinance. President Pro Tem Bickel asked what the difference would be between the two. Mr. Rubin stated that the process would be less cumbersome since there would be a need to have two hearings on the budget and a resolution would not need to be advertised therefore would provide a cost savings. President Pro Tem Bickel asked what the cost savings would be. Village Clerk Green stated that the cost could range anywhere between $150 to $300 for the legal advertisement. Discussion ensued between the Councilmembers and it was concluded that they preferred to keep the process of adopting the Village's budget by ordinance. Mayor Searcy announced that the Great American Clean -Up would be taking place at Anchorage Park on Saturday, September 24th at 11:30 a.m. The Villages' Touch a Truck event would be taking place at Anchorage Park on Saturday, October 8th beginning at 10 a.m. Mayor Searcy asked Mr. Sherman to give an update on the Cornhole Tournament. Mr. Sherman stated that approximately seventy-five (75) people attended the tournament and the everyone had a great time. Minutes of the Village Council Regular Session held September 22, 2022 Page 8 of 8 VILLAGE MANAGER MATTERS/REPORTS Interim Village Manager thanked Council and staff for their input and efforts in presenting and passing the FY 2023 Budget. Discussion — Pay Adjustments for Interim Village Manager and Village Clerk Mr. Rubin explained that there were two issues that Village staff was seeking direction from Council. The first issue was whether the Interim Village Manager and the Village Clerk would also receive the eight percent (8%) salary increase that all of the other non-union employees would be receiving. The second issue was that Mr. Huff's evaluation for his prior position as Director of Public Works was completed by the former Village Manager which resulted in a 4.6% merit increase. Mr. Huff's anniversary date is October 1St and if he had not been named Interim Village Manager, his base pay rate would change by 4.6% on October 1, 2022. Mr. Huff was appointed the Interim Village Manager position on July 1, 2022 and his salary was increased by 26.4%. Mr. Rubin stated that staff was seeking direction on whether or not Mr. Huff should receive a merit increase and whether the increase should be applied to his current rate of pay. Council would have to make a decision on the two issues since Council sets the salaries for both the Village Clerk and the Village Manager. President Pro Tem Bickel asked that the two issues be discussed and dealt with separately. Discussion ensued between Councilmembers regarding whether or not the Village Clerk would receive the same eight percent (8%) salary increase that all of the other non-union employees would receive. A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to give the Village Clerk the eight percent (8%) salary increase that all of the other non-union employees would be receiving. Thereafter the motion passed unanimously. Discussion ensued between Councilmembers regarding whether or not Mr. Huff should receive the eight percent (8%) salary increase that all of the other non-union employees would be receiving and if Mr. Huff should receive the 4.6% merit increase and whether the increase should be applied to Mr. Huff's current or former rate of pay. A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to approve a 4.6% merit increase to Interim Village Manager Huff based on Mr. Huff's former Director of Public Works salary, and not the eight percent (8%) base pay increase. The motion passed 3 to 2 with Mayor Searcy, President Pro Tem Bickel and Councilmember Aubrey voting aye and Vice Mayor Norris and Councilmember Mullinix voting nay. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:12 p.m. Jes a Green, MMC, Village Clerk