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01-12-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 12, 2023 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 Councilmember Aubrey stated that there was a typo on the last page of the Minutes of the Special Session held on November 14, 2022 where the name Bickel should have been written not the name Norris. The Minutes of the Special Session held November 14, 2022 were approved as amended. The Minutes of the the Regular Session held December 8, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Bob Starkie, 36 Yacht Club Drive, discussed issues and concerns regarding the proposed 200 Yacht Club Drive project which included utilities, a traffic study and the Village's Comprehensive Plan. Diane Smith, 97 Yacht Club Drive, expressed her concerns regarding a revised Water Supply Facilities Work Plan and a traffic study for the proposed 200 Yacht Club Drive project. �_- Shawn Woods, 124 Yacht Club Drive, spoke on behalf of the Environmental Committee and invited everyone to the North Palm Beach Country Club on Saturday, January 14th at 10 a.m. where the President of Friends of MacArthur Beach State Park would be a guest speaker. Minutes of the Village Council Regular Session held January 12, 2023 Page 2 of 8 STATEMENTS FROM THE PUBLIC continued Chris Ryder, 118 Dory Road S, expressed his concerns regarding the packet submitted to FDOT for the proposed lane reduction on U.S. Highway 1. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS There was no ex -parte communication by Council for the following item: MOTION — DIMENSIONAL EXCEPTION APPLICATION FOR 643 PILOT ROAD Principle Planner Alex Ahrenholz explained and described the applicant's recreational vehicle location, its dimensions and the dimensions of the property. Mr. Ahrenholz showed pictures of the recreational vehicle, its screening and location. Mr. Ahrenholz stated that staff was recommending approval with two (2) conditions. All installed hedging must grow to completely screen the RV within two (2) years and if any trees or shrubs on the subject property or on the neighboring property that were currently proving screening were to be removed, they shall be replaced on the applicant's property or the neighboring property within six (6) months of their removal. Mayor Searcy opened the public hearing on the Dimensional Exception Application for 643 Pilot Road. Michelle Vazzana, 643 Pilot Road, stated that she was the property owner and was available for any questions that Council may have. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns regarding the size and location of the recreational vehicle stored at 643 Pilot Road. A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to approve the Dimensional Exception Application for 643 Pilot Road subject to the conditions recommended by staff. Thereafter, the motion passed unanimously. ORDINANCE 2023-02 CODE AMENDMENT — BOARDS AND COMMITTEES A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2023-02 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, `BOARDS AND COMMITTEES," TO LIMIT THE TERM OF THE CHAIRPERSONS, REQUIRE THE SCHEDULING OF MONTHLY MEETINGS AND MODIFY AND SUPPLEMENT THE PROCEDURES FOR REMOVAL OF MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Green discussed and explained the purpose of the ordinance. The ordinance would amend the Village code relating to Village Boards and Committees by revising the code to require that chairpersons are to rotate on a yearly basis with the ability to return as chair after taking one (1) year off, eliminating the words "endeavor to" in order to require that the boards and committees schedule a monthly meeting, and revising the language regarding absenteeism by providing for an automatic removal of a board or committee member for being absent from three (3) meetings in one year from the time period of May 1St through April 30th. Minutes of the Village Council Regular Session held January 12, 2023 Page 3 of 8 ORDINANCE 2023-02 CODE AMENDMENT — BOARDS AND COMMITTEES continued The Village Clerk shall notify the board or committee member of his or her removal and the member may appeal to the Village Manager within ten (10) days. The decision of the Village Manager shall be final. Additionally, language was added to allow the Village Manager to remove a board or committee member for attacking the motives of the other members, Village Staff and Village consultants, for making derogatory, abusive, profane, threatening or vulgar remarks or for any other conduct that, in the Village Manager's sole discretion, reflects poorly upon the Village. Mary Philips, 525 Ebbtide Drive, expressed her concerns regarding the change to the code that would require the chairpersons to rotate annually. Councilmember Mullinix expressed his concerns regarding the revision to the code regarding absenteeism and recommended that absences be considered excused or unexcused. Thereafter, the motion to adopt on first reading Ordinance 2023-02 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-01 CODE AMENDMENT — FIRE AND POLICE PENSION AND BENEFITS 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. A vote of 5 to 0 was taken for Ordinance 2023-01, but a motion was never made and therefore the ordinance was not adopted and enacted on second reading. CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the Consent Agenda. President Pro Tem Bickel seconded the motion, which passed unanimously. The following items were approved: Resolution amending the Master Fee Schedule adopted as part of the Fiscal Year 2023 Budget to modify the fees for Police Department Special (Off Duty) Details. Resolution approving the Sole Source Purchase of Bosch Crash Data Retrieval Tools and Software from Crash Data Group, Inc. for use by the Police Department at a total cost of $41,350; and authorizing the Interim Village Manager to take all steps necessary to effectuate the purchase. Minutes of the Village Council Regular Session held January 12, 2023 Page 4 of 8 CONSENT AGENDA APPROVED continued Resolution approving an Assignment of Planning Services Agreement from NZ Consultants, Inc. to Chen Moore and Associates, Inc.; and authorizing execution of the Assignment. Resolution approving a Second Amendment to the Contract with Randy Gillman Enterprises, LLC d/b/a Randy's Holiday Lighting and Decor to include the Community Center and the Adjacent Right -Of -Way for the 2022 Holiday Season at an additional cost of $5,800; and authorizing execution of the Second Amendment. Resolution approving a Contract with Mohawk Carpet Distribution, LLC for the purchase and installation of carpet for the Village Library at a total cost of $44,596.52; and authorizing execution of the Contract. Receive for file Minutes of the Recreation Advisory Board meeting held 11/15/22. RESOLUTION — DEVELOPMENT OF ASSESSMENT METHODOLOGY CONTRACT A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH RAFTELIS FINANCIAL CONSULTANTS, INC. FOR THE DEVELOPMENT OF AN ASSESSMENT METHODOLOGY FOR OVERHEAD UTILITY UNDERGROUNDING AND AUTHORIZING ITS EXECUTION; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $64,400.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PLANNING — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Acting Public Works Director Chad Girard discussed and explained the purpose of the resolution. Mr. Girard explained that undergrounding of overhead utilities was identified as a desired project for the Village and gave a brief history and background. The Village issued a Request for Proposals on October 7, 2022 in an effort to identify the most qualified firm to provide utility undergrounding assessment methodology consulting services to the Village. Two (2) consultants submitted proposals. A Selection Committee reviewed the proposals and selected Raftelis Financial Consultants, Inc. as the consultant to recommend moving forward with. John Samadi, 512 Marlin Road, expressed his concerns with the preparation of an assessment methodology and its cost. Chris Ryder, 118 Dory Road S, expressed his concerns with the costs and assessments associated with undergrounding the Village's utilities. Discussion ensued between Councilmembers and staff regarding the costs involved with undergrounding and whether or not the preparation of an assessment methodology should take place until there is an estimate provided on the cost of the utility undergrounding based on any grant funding that may be available for the project. Council reached a consensus to have a future workshop to discuss the proposal of overhead utility undergrounding and the proposed costs involved. Minutes of the Village Council Regular Session held January 12, 2023 Page 5 of 8 RESOLUTION — DEVELOPMENT OF ASSESSMENT METHODOLOGY CONTRACT continued A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to table the resolution approving a contract with Raftelis Financial Consultants, Inc. for the development of an assessment methodology for overhead utility undergrounding. Thereafter, the motion passed unanimously. RESOLUTION — LEISURE SERVICES DEPARTMENT VEHICLE PURCHASE A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE TURTLE TOP TERRA TRANSIT BUS FROM ABC TEXAS BUS SALES, INC. D/B/A ABC COMPANIES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING TIPS COOPERATIVE PURCHASING AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Girard explained that the purpose of the resolution was to purchase a new Leisure Services Department Bus to be utilized by the Parks Department for out of town bus trips. The current bus was thirteen (13) years old and in need of replacement. Councilmember Mullinix expressed his concerns regarding the purchase of a new bus and the insurance and maintenance costs that may be involved. Councilmember Mullinix asked if the costs of chartering the Village's bus trips were reviewed or considered. Discussion ensued between Councilmembers and staff regarding the maintenance and insurance costs involved with purchasing a new bus versus chartering the Village's bus trips. A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to table the resolution approving the purchase of one Turtle Top Terra Transit Bus from ABC Texas Bus Sales, Inc. d/b/a ABC Companies to the next Council meeting scheduled on January 26, 2023. Thereafter the motion passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy stated that she attended the last Residential Code Ad Hoc Committee meeting. Mayor Searcy stated that the committee recommended that Council consider policy on whether or not to allow accessory dwelling units in the Village. Councilmember Mullinix agreed that there should be discussion to consider allowing accessory dwelling units within the Village. Mayor Searcy stated that she had received complaints regarding the proliferation of political signs. Mayor Searcy asked Mr. Rubin if he was preparing a revision for the Village's code related to political signs. Mr. Rubin stated that he had prepared a few drafts of the revised code and would be bringing the revisions to Council for consideration in the near future. Minutes of the Village Council Regular Session held January 12, 2023 Page 6 of 8 MAYOR AND COUNCIL MATTERS/REPORTS continued President Pro Tem Bickel asked Mr. Huff for an update on the Water Supply Plan. Mr. Huff stated that a Comprehensive Plan Amendment had been submitted and comments came back from South Florida Water Management that had not been answered by the deadline. Mr. Ahrenholz was working on getting the information put together and submitted. The good news was that the Village would not be penalized for the late submittal. President Pro Tem Bickel asked for an update on getting an independent traffic study. Mr. Huff stated that the study had not yet been requested due to the holidays and that he would begin working on getting one done. Councilmembers discussed the wording of a draft letter that was provided to them on the dais. The letter was addressed to Governor DeSantis regarding a request to expedite repairs to the bridge on U.S. Highway 1 that experienced a partial collapse. Councilmembers agreed on specific wording to be revised and added in the letter. The letter would be revised and mailed to Governor DeSantis. President Pro Tem Bickel stated that the second week in March was spring break and recommended rescheduling the March 23rd Council meeting. Discussion ensued between the Councilmembers regarding the rescheduling of the March 23rd Council meeting. Council came to consensus to tentatively reschedule the March 23rd meeting to March 30'". Village Manager Appointment Donald Solodar, 100 Lakeshore Drive, expressed his support for Mr. Huff and recommended that Mr. Huff be appointed as Village Manager. Pat Friedman, 1208 Marine Way, expressed her support for Mr. Huff and recommended that Mr. Huff be appointed as Village Manager. Ms. Friedman also read into the record a statement from Karen Marcus who was unable to attend the meeting. Ms. Marcus also expressed her support for Mr. Huff and recommended that Mr. Huff be appointed as Village Manager. Chris Ryder, 118 Dory Road S, expressed his support for Mr. Huff and recommended that Mr. Huff be appointed as Village Manager. Dr. William Luzuriagga, 948 Dogwood Drive, expressed his support for Mr. Huff and recommended that Mr. Huff be appointed as Village Manager. Councilmember Mullinix stated that Mr. Huff had exceeded his expectations and stated that he was in support of appointing Mr. Huff as Village Manager. President Pro Tem Bickel concurred and stated that she was in support of appointing Mr. Huff as Village Manager. Vice Mayor Norris expressed that he was in support of appointing Mr. Huff as Village Manager. Minutes of the Village Council Regular Session held January 12, 2023 Page 7 of 8 Village Manager Appointment continued Councilmember Aubrey expressed that he was in support of appointing Mr. Huff as Village Manager. Mayor Searcy expressed that she was in support of appointing Mr. Huff as Village Manager. Mayor Searcy expressed her disappointment in how the process for recruiting and appointing a Village Manager took place stating that as a governing body, Council could have done better. Discussion ensued between Councilmembers regarding the process that took place to recruit and appoint a Village Manager. Council agreed that improvements could be made to the process. Council came to consensus to work on a Village Manager Agreement with Mr. Huff. President Pro Tem Bickel discussed the residency requirement for Village Managers and asked if Council was in agreement with waiving the residency requirement for Mr. Huff. President Pro Tem Bickel noted that she was not in favor of eliminating the requirement from the Village code. Council came to consensus to waive the residency requirement for Mr. Huff. Mr. Huff thanked Council for their support and for appointing him as Village Manager. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff announced that Village offices would be closed on Monday in observance of Martin Luther King Day. Mr. Huff stated that he received concerns regarding the usage of golf carts within the Village. Police Chief Jenkins stated that he had seen the results of the poll on traffic calming for the Lighthouse Drive area where golf carts were mentioned. Chief Jenkins stated that he was unable to obtain the data on golf cart tickets. Chief Jenkins indicated that there were only two (2) golf cart accidents reported with minor injuries. There was a total of twelve (12) complaints regarding golf carts that were called into the Village's Police Department and the Police Department was only able to contact three (3) out of the twelve (12) golf cart operators. In almost every instance the complaint was regarding underage children driving. Chief Jenkins continued stating that it was almost impossible to stop a golf cart for underage driving since it is difficult to determine the age of the person driving and it is against the law. The driver would have to be stopped for a different traffic violation. Chief Jenkins stated that it is has not been his experience that a parent did not know whether or not their underage child was driving a golf cart owned by the parent. Chief Jenkins discussed and explained how he had to stop allowing domination of the Police Department's resources on unfunded mandates and mission creep. President Pro Tem recommended that an article on golf cart safety be written in the Village newsletter. Chief Jenkins recommended that the article be included in the Village newsletter on a quarterly basis. Minutes of the Village Council Regular Session held January 12, 2023 Page 8 of 8 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:43 p.m. Jes is Green, MC, Village Clerk