12-08-2022 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 8, 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.
APPROVAL OF MINUTES
The Minutes of the the Regular Session held October 27, 2022 and the Minutes of the Special
Emergency Session held November 9, 2022 were approved as written.
Mayor Searcy announced that Agenda Item 16 — Resolution — Country Club Water Services Line
was pulled from the agenda and would not be heard.
STATEMENTS FROM THE PUBLIC
Diane Smith, 37 Yacht Club Drive, stated that the Village had not submitted a revised Water
Supply Facilities Work Plan since 2016. Ms. Smith stated that according to Florida Statute, the
Village was required to submit a revised plan by May of 2020. Ms. Smith asked Council why the
revised plan had not been submitted.
Chris Ryder, 118 Dory Road, S., thanked Councilmember Mullinix for his behavior at the October
27th Council meeting during the proposed 200 Yacht Club Drive project appeal. Mr. Ryder
-- discussed the digging out of swales within the Village. Mr. Ryder discussed the list of changes
that were made to the Comprehensive Plan that he provided at the Council meeting on October
27th and had asked that the changes be looked into.
Minutes of the Village Council Regular Session held December 8, 2022 Page 2 of 5
STATEMENTS FROM THE PUBLIC continued
Bob Starkie, 36 Yacht Club Drive, discussed the issues with the proposed 200 Yacht Club Drive
project. Mr. Starkie expressed his concerns regarding traffic issues at the corner of U.S. Highway
1 and Yacht Club Drive. Mr. Starkie requested an independent traffic study.
Pat Kelly, 37 Yacht Club Drive, gave an update on the group of residents and their actions
regarding their opposition to the proposed 200 Yacht Club Drive project. Mr. Kelly discussed the
traffic issues on U.S. Highway 1.
Bill Rose, 36 Yacht Club Drive, stated that the Yacht Club Drive residents appreciate how the
Village was handling their opposition to the proposed 200 Yacht Club Drive project. Mr. Rose
wished everyone including first responders a safe and happy holiday season and thanked them for
their service.
John Samadi, 512 Marlin Road, expressed his concerns regarding the Village's use of an outside
consulting service for building inspections. Mr. Samadi also expressed his concerns regarding the
proposed contract for water line services at the Country Club.
Deborah Cross, 2560 Pepperwood Circle, S, expressed her concerns with speeding traffic on U.S.
Highway 1.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2022-19 CODE AMENDMENT — FIRE AND POLICE PENSION BENEFITS
A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to
adopt on first reading Ordinance 2022-19 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE, "PENSION AND CERTAIN
OTHER BENEFITS FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA
AMENDING DIVISION 4, "PENSIONS AND CERTAIN OTHER BENEFITS FOR FIRE AND
POLICE EMPLOYEES," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE
OF ORDINANCES BY AMENDING SECTION 2-159, "CREATION OF PLAN AND TRUST,"
TO AUTHORIZE THE BOARD TO ADOPT AN ADMINISTRATIVE POLICY FOR TAX
QUALIFICATION TO ENSURE CONTINUED COMPLIANCE WITH INTERNAL REVENUE
CODE REQUIREMENTS; AMENDING SECTION 2-161, "BENEFIT AMOUNTS," AND
SECTION 2-170.1, "DEFERRED OPTION BENEFIT PLAN," TO INCREASE THE
REQUIRED MINIMUM DISTRIBUTION AGE; 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 authorize the Police and Fire Pension
Board to adopt an administrative policy to maintain its tax qualified status and increase the
minimum distribution age as required by the Internal Revenue Code.
Thereafter, the motion to adopt on first reading Ordinance 2022-19 passed unanimously.
Minutes of the Village Council Regular Session held December 8, 2022 Page 3 of 5
ORDINANCE 2022-20 CODE AMENDMENT — COMPREHENSIVE PLAN
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt on
first reading Ordinance 2022-20 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH
COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY RIGHTS ELEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the, legislature had adopted Senate Bill 59, amending a section of the
Florida Statutes to require each municipality to include a new Property Rights Element in its
Comprehensive Development Plan. Mr. Rubin stated that the state would not consider any
additional Comprehensive Plan Amendments from the Village until it adopts the new Property
Rights Element. Once the ordinance is adopted on first reading it will be submitted to the Florida
Department of Economic Opportunity for review and comment. Once comments are received, the
ordinance will come back to Council for a second reading.
Councilmember Aubrey expressed concern that the Property Rights Element contained no
limitations on such rights.
Mr. Rubin explained that the intent of the legislation requiring this language was not to create any
new rights but to recognize existing judicially acknowledged and constitutionally protected
property rights. Additionally, the use of private property was still expressly subject to state law
and local ordinances.
Thereafter, the motion to adopt on first reading Ordinance 2022-20 passed unanimously.
CONSENT AGENDA APPROVED
President Pro Tem Bickel moved to approve the Consent Agenda. Councilmember Mullinix
seconded the motion, which passed unanimously. The following items were approved:
Receive for file Minutes of the Planning Commission meeting held 4/5/22.
Receive for file Minutes of the General Employees Pension Board meeting held 5/1/22.
Receive for file Minutes of the Police and Fire Pension Board meeting held 5/10/22.
Receive for file Minutes of the Planning Commission meeting held 6/7/22.
Receive for file Minutes of the Planning Commission meeting held 7/5/22.
Receive for file Minutes of the Planning Commission meeting held 8/2/22.
Receive for file Minutes of the Planning Commission meeting held 9/6/22.
Receive for file Minutes of the Library Advisory Board meeting held 10/4/22.
Receive for file Minutes of the Planning Commission meeting held 10/11/22.
Receive for file Minutes of the Recreation Advisory Board meeting held 10/11/22.
Receive for file Minutes of the Business Advisory Board meeting held 10/18/22.
Minutes of the Village Council Regular Session held December 8, 2022 Page 4 of 5
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Searcy thanked residents for their participation and staff for their work on the Village's
holiday festivities.
Mayor Searcy thanked the North Palm Beach Symphony Orchestra for their performance at the
Village's Tree Lighting Ceremony.
Mayor Searcy thanked the Friends of the Library for their holiday bake sale and the Fire
Department for riding around in the Village's new fire truck.
President Pro Tem Bickel stated that she was relieved that she and Vice Mayor Norris qualified
and were re-elected to their respective Groups without opposition and therefore the Village would
not be having an election in 2023.
Mayor Searcy congratulated Vice Mayor Norris and President Pro Tem Bickel on their re-election.
President Pro Tem Bickel recommended that Council begin discussions again regarding the
Village Manager position.
Council came to consensus to begin discussions regarding the Village Manager position at the next
Council meeting that would take place on January 12, 2023.
President Pro Tem Bickel asked if a revised Water Supply Plan had been submitted.
Mr. Huff stated that an ordinance was adopted in 2016 to adopt and update the ten-year water
supplies facilities work plan. Mr. Huff stated that he would research further into the matter and
provide Council with an update.
President Pro Tem Bickel additionally recommended discussing the possibility of having an
independent traffic study done for the proposed 200 Yacht Club Drive project.
Councilmember Mullinix recommended sending a letter to Tallahassee regarding the repair of the
U.S. Highway 1 bridge asking them to fast track the repair since the Village has been waiting a
long time.
Councilmember Mullinix expressed his concerns regarding getting a turning lane put in on U.S.
Highway 1 to Anchorage Drive South.
Mr. Huff stated that the turning lane had been approved and he has been in contact with FDOT
and it should be installed after the 1St of the year.
Councilmember Mullinix recommended that the area around the library and at Veteran's Park
needed to be mulched.
President Pro Tem Bickel stated that residents had raised concerns that the Tree Lighting
Ceremony took place on a later date this year and recommended that it take place earlier in
December next year.
Minutes of the Village Council Regular Session held December 8, 2022 Page 5 of 5
MAYOR AND COUNCIL MATTERS/REPORTS continued
Mayor Searcy recommended that the start time of the Tree Lighting Ceremony start at an earlier
time than 7 p.m.
Mr. Huff stated that he saw the most amount of people attending this year's Tree Lighting
Ceremony than he has ever seen since his time with the Village.
Mayor Searcy thanked the Country Club staff for their hard work at the Annual Holiday Boat Parade.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff stated that he was working with Wayne Cameron, Building Official to hire in-house
building inspectors versus using an outside firm for the Community Development Department.
Mr. Huff wished everyone a happy holiday and happy new year.
Mayor Searcy asked Alan Bowman, Head Golf Professional if low speed vehicles were allowed
on the golf course.
Mr. Bowman stated that he had safety and parking ideas for low speed vehicles that he could
implement for next year's Holiday Boat Parade.
Building Milestone Inspection Program Update
Wayne Cameron, Building Official gave a presentation that provided an update on the state-wide
building milestone inspection program. The state-wide building inspection program requires a
building registration, filing basic building and contact information with the state by January 1, 2023
and having a milestone inspection by December 31, 2024. The milestone inspections are required
for each building that is three stories or more in height by December 31 st of the year in which the
building reaches thirty (3 0) years and every ten (10) years thereafter. If the building is within three
(3) miles of a coastline the inspection must be performed by December 31 st of the year in which
the building reaches twenty-five (25) years of age and every ten (10) years thereafter.
Mr. Cameron concluded his presentation stating that in total there were seventy-nine (79) buildings
that met the statutory requirement in the Village. Staff would be working with the various HOA's
to advise them on what steps need to be taken in the coming months.
ADJOURNMENT
There being no further business to come before the Council. the meeting was adjourned at 7:48 p.m.
ess ca Green, M , Village Clerk