11-14-2022 VC SP-MMINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
NOVEMBER 14, 2022
Present: Deborah Searcy, Mayor
David B. Norris, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Chuck Huff, Interim Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
Absent: Mark Mullinix, Councilmember
ROLL CALL
Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were present
except for Councilmember Mullinix who was out of town. All members of staff were present.
Mayor Searcy stated that because the Village had to cancel the Veteran's Day Ceremony due to an
impending hurricane, Interim Village Manager Chuck who was a veteran, would give the Veteran's
Prayer in honor of veterans.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mr. Huff gave the invocation and the Village of North Palm Beach Honor Guard presented arms
and led the public in the Pledge.
Mayor Searcy announced that Judy Pierman would say a few words in recognition of the late Tom Magill.
Judy Pierman, 560 Greenway Drive, paid tribute to the late Tom Magill stating that his presence
at the Council meeting was missed and that he was someone who besides loving his family and
Notre Dame, also put the welfare of the Village on his priority list.
STATEMENTS FROM THE PUBLIC
Chris Ryder, 118 Dory Road S, expressed his concern over how Councilmembers handled the
appeal of the 200 Yacht Club Drive proposed project and thanked Councilmember Mullinix for
his stance on the proposed project and appeal.
Bill Rose, 36 Yacht Club Drive, expressed his disappointment of how the 200 Yacht Club Drive
proposed project and its appeal have been handled.
Minutes of Village Council Special Session held November 14, 2022 Page 2 of 5
STATEMENTS FROM THE PUBLIC continued
Mary Phillips, 525 Ebbtide Drive, announced the Library Bake Sale on December Yd and
expressed her appreciation and gratitude to the Councilmembers for their measured approach and
decision regarding the 200 Yacht Club Drive proposed project appeal. Ms. Phillips expressed her
disappointment with Councilmember Mullinix's actions and behavior toward fellow
Councilmembers at the hearing of the appeal.
Rita Budnyk, 804 Shore Drive, expressed her concerns regarding the proposed Twin Cities Mall
project. Ms. Budnyk paid tribute to the late Tom Magill and stated that he would be missed.
CONSENT AGENDA
Item 3 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the
Consent agenda, as amended was approved with all those present voting aye. The following items
were approved:
Resolution approving a Blanket Purchase Order with Flying Scot, Inc for sidewalk removal
and replacement in an amount not to exceed $50,000.
Resolution approving a Blanket Purchase Order with Commercial Energy Specialists, Inc.
in an amount not to exceed $25,000 for the purchase of pool chemicals and supplies utilized
at the Country Club.
RESOLUTION 2022-98 — INTERLOCAL AGREEMENT FOR CONTINUING PLANNING
AND URBAN DESIGN SERVICES
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
Resolution 2022-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE
TREASURE COAST REGIONAL PLANNING COUNCIL FOR CONTINUING PLANNING
AND URBAN DESIGN SERVICES; AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Cheryl Rose, 36 Yacht Club Drive, Unit 106, expressed her concerns regarding the proposed
resolution to approve an Interlocal Agreement with the Treasure Coast Regional Planning Council.
Chris Ryder, 118 Dory Road S, expressed his concerns with the Treasure Coast Regional Planning
Council and the proposed resolution to approve an Interlocal Agreement with TCRPC for
continuing Planning and Urban Design Services.
Mr. Huff explained that the purpose of the proposed Interlocal Agreement with TCRPC was due
to continued vacancies within the Community Development Department. The agreement would
be a Continuing Services Agreement to assist staff with general planning services. Mr. Huff stated
that TCRPC working on the proposed 200 Yacht Club Drive project was not a part of the
agreement discussions nor had any revisions to the project been brought back to the Village for
consideration. Mr. Huff stated that he has worked closely with TCRPC in the past and was
confident that they would be very capable of helping the Community Development Department
through its transition in replacing staff.
Minutes of Village Council Special Session held November 14, 2022 Page 3 of 5
RESOLUTION 2022-98 — INTERLOCAL AGREEMENT FOR CONTINUING PLANNING
AND URBAN DESIGN SERVICES continued
Mayor Searcy stated that she has had only good and positive experiences working with TCRPC
and that they would not be working on the code for the 200 Yacht Club Drive proposed project
since that code had been finalized. There was already a plan to make revisions to the C-3 Zoning
District Regulations. TCRPC's services would be needed to accomplish those revisions.
Thereafter, the motion to adopt Resolution 2022-98 passed with all present voting aye.
RESOLUTION 2022-99 — CODE ENFORCEMENT SPECIAL MAGISTRATE
A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt
Resolution 2022-99 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPOINTING B. DOUGLAS MACGIBBON AS THE VILLAGE'S CODE
ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin gave a brief history of the Village's transition from a Code Enforcement Board to
appointing Special Magistrate Thomas Baird and Alternate Special Magistrate B. Douglas
MacGibbon to hear the Village's Code Enforcement cases. Mr. Rubin explained that due to a
request from Mr. Baird to substantially increase his hourly rate, staff was recommending that
Council appoint Mr. MacGibbon as the primary Special Magistrate. Mr. Rubin stated that he had
asked Mr. Baird if he could serve as Alternate Special Magistrate but he declined due to a recurrent conflict.
Chris Ryder, 118 Dory Road, S, expressed his concerns over the Village changing from a Code
Enforcement Board to a Special Magistrate and the process by which the Magistrate was chosen.
Thereafter, the motion to adopt Resolution 2022-99 passed with all present voting aye.
No ex -parte communication was declared by Councilmembers for the following:
RESOLUTION — MINOR PUD AMENDMENT
A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to
table the Resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE PROSPERITY
VILLAGE RESIDENTIAL PLANNED UNIT DEVELOPMENT TO MODIFY THE TREE
DISPOSITION PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thereafter, the motion to table the Resolution to approve a Minor Amendment to the Prosperity
Village Residential Planned Unit Development passed with all present voting aye.
Minutes of Village Council Special Session held November 14, 2022 Page 4 of 5
RESOLUTION 2022-100 —POLICE VEHICLES PURCHASE
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt
Resolution 2022-100 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PURCHASE OF THREE 2023 CHEVROLET TAHOE
SPORT UTILITY POLICE VEHICLES FROM DUVAL CHEVROLET AND ONE 2022 FORD
EXPEDITION SPORT UTILITY POLICE VEHICLE FROM DUVAL FORD PURSUANT TO
PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFFS ASSOCIATION
CONTRACT AND EQUIPPED BY DANA SAFETY SUPPLY, INC. PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING CITY OF MIAMI CONTRACT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Acting Public Works Director Chad Girard explained that the purpose of the resolution was to
purchase four (4) new vehicles for the Police Department. Three (3) of the vehicles were slated to
be purchased this year and one (1) was slated for purchase next year, but due to a lead time of nine
(9) months, all four (4) vehicles would be purchased this year. The vehicles would be purchased
using American Rescue Plan Act funds.
Deborah Cross, 2560 Pepperwood Circle S, stated that the totals for the vehicles did not seem to
add up and needed further clarification.
Chief Jenkins explained and clarified the pricing of the police vehicles stating that the vehicles
were outfitted with additional equipment which was added to the base cost.
Thereafter, the motion to adopt Resolution 2022-100 passed with all present voting aye.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Searcy announced that earlier that day; the new Fire Ladder Truck was ceremonially
washed and pushed into the Fire Station.
Mayor Searcy thanked staff for all of their hard work in preparing for Hurricane Nicole.
President Pro Tem Bickel asked for the status of filling the vacancy on the Audit Committee and
if something would be done in memoriam of the late Tom Magill.
Mr. Huff stated that an Audit Committee meeting would be set up whereby the vacancy would be
discussed and that he was coordinating with Village Clerk Green on what to have as a
memorialization in honor of the late Tom Magill.
President Pro Tem Bickel announced the North Palm Beach Symphony Orchestra concert on
December 15th at 7 p.m. at the North Palm Beach Country Club. President Pro Tem Bickel stated
that the orchestra would also be playing at the Village's Christmas Tree Lighting Ceremony on
th
December 7
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MAYOR AND COUNCIL MATTERS/REPORTS continued
Mayor Searcy stated that revised plans or a revised proposal had not been submitted for the
proposed 200 Yacht Club Drive project. Mayor Searcy stated that she stood by her decision to
allow the developer to return and submit a proposal that Council and Village residents would be
happy with. The alternative would have been that a judge could decide what type of project would
be developed at the site. Mayor Searcy stated that she also stood by her decision to allow Mr.
Robbins to speak at the hearing of the appeal since Mr. Robbins took a risk on the Village and
used approximately one (1) million dollars of his own corporate funds to beautify the new Country
Club by providing finishing work at the Farmer's Table Restaurant. Mayor Searcy stated that there
was no conspiracy attached to Mr. Robbin's proposal to develop a project at 200 Yacht Club Drive.
Vice Mayor Norris, President Pro Tem Bickel and Councilmember Aubrey agreed and concurred
with Mayor Searcy's statement regarding the proposed 200 Yacht Club Drive project.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff stated that he had reached out to Mr. Ryder and Mr. Starkie to let them know that he has
not yet heard anything from the developers and that if and when he did hear something, Council
would know first and then the residents.
Mr. Huff thanked Council for expressing their appreciation to staff for their preparations for
Hurricane Nicole and thanked Chief Jenkins and the Village's Honor Guard for honoring veterans
by presenting arms at the start of the Council meeting.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:45 p.m.
Je s a Green, MMC, Village Clerk