01-26-2023 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 26, 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
The Minutes of the Regular Session held January 12, 2023 were approved as written.
STATEMENTS FROM THE PUBLIC
Deborah Cross, 2560 Pepperwood Cr. S, discussed potential future issues with the Village's well
and water supply. Mrs. Cross discussed and explained potential strategies and solutions.
John Samadi, 512 Marlin Road, expressed his concerns and disappointment with the Council's
decision to appoint Chuck Huff as the Village Manager.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
There was no ex -parte communication by Council for the following item:
MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT — STAYED 10/27/22
Ken Tuma of Urban Design Studios gave an update on the proposed revisions that had been made
to the 200 Yacht Club Drive project since the appeal was stayed.
Minutes of the Village Council Regular Session held January 26, 2023 Page 2 of 8
MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT — STAYED 10/27/22 continued
Mr. Tuma stated that the applicant was requesting an extension of three months to allow them to
work with the community to finalize a proposed plan to bring back to the Planning Commission
for consideration. Mr. Tuma stated that the newly revised plan would meet the current code
requirements as it related to density and would address traffic concerns. Mr. Tuma discussed and
explained the key items of the newly revised plan. The revised project would have 147 units, the
six townhomes would be removed, the pool would be removed from the top floor of the parking
garage and placed on the ground floor, the parking garage would be two stories, a waiver for the
sidewalk would no longer be needed, and a wine and cafe facility would be added.
Mayor Searcy opened the public hearing.
Mayor Searcy read three (3) public comments that were submitted online through the Village's
website. The following residents expressed their opposition to the proposed 200 Yacht Club Drive project:
Bob Starkie, 36 Yacht Club Drive Susan Hoff, 907 Marina Drive
Lisa & Scott Emerson, 519 Harbour Road
These residents addressed the Council with their concerns and expressed their opposition to the
proposed 200 Yacht Club Drive project:
Diane Smith, 37 Yacht Club Drive
Ray Kelly, 37 Yacht Club Drive
Chris Ryder, 118 Dory Road South
Sandra Yeater, 36 Yacht Club Drive
William Rose, 36 Yacht Club Drive
Frank Rendulic, 36 Yacht Club Drive
Deborah Cross, 2560 Pepperwood Circle S
There being no further comments from the public, Mayor Searcy closed the public hearing.
Mayor Searcy discussed and explained her reasoning for not supporting the revised proposal of
the project. Mayor Searcy stated that the project did not fully meet requirements of the
Comprehensive Plan. Mayor Searcy stated that she had no problem with rental units and that
everyone was welcome to live in the Village. The issue was that there was not enough commercial
space proposed for the project. Mayor Searcy stated that she would be denying the appeal.
Councilmember Mullinix stated that he would remain consistent in his decision to not support the
project and would be voting to deny the appeal.
President Pro Tem Bickel stated that she preferred to see a lower density in the proposed project
and stated that she had an issue with ingress and egress and the use of the alleyways.
Councilmember Aubrey stated that he would like to see the developer come back with a revised
project. Councilmember Aubrey asked Mr. Rubin what the next steps would be.
Mr. Rubin explained that it was up to Council to decide to deny the appeal and hope that the
developer would still bring back a revised project or stay the appeal and give the extension that
the developer requested.
Minutes of the Village Council Regular Session held January 26, 2023 Page 3 of 8
MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB
DRIVE PROJECT — STAYED 10/27/22 continued
Councilmember Aubrey stated that the appropriate thing to do was to continue the stay of the appeal.
Vice Mayor Norris stated that he agreed with what the other Councilmembers had stated on what
was still needed to be revised on the project. Vice Mayor Norris stated that the developer had
clearly shown that they were willing to make revisions to the project. Vice Mayor Norris stated
that he agreed with Councilmember Aubrey to continue the stay the appeal.
Discussion ensued between Councilmembers and Mr. Rubin regarding the reasons for denying the
appeal or staying the appeal.
Mr. Tuma discussed and explained additional revisions that the developer was considering.
Mayor Searcy discussed and explained her reasoning for her decision to deny the appeal.
Discussion continued between Councilmembers and Mr. Rubin regarding reasons for denying the
appeal or staying the appeal.
Scott Stetner of Robbins NPB LLC addressed the Council stating that the goal was to work out a
plan that everyone would be satisfied with.
Discussion continued between Councilmembers on whether to deny the appeal or stay the appeal.
Mr. Tuma requested an extension to the middle of May.
Mr. Tuma and Mr. Stetner discussed and explained the revisions that they were willing to make to
the plans for the proposed 200 Yacht Club Drive project.
A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to continue
to stay the appeal of the Planning Commission's denial of the 200 Yacht Club Drive project to the
second Council meeting in May.
Thereafter, the motion failed 2 to 3 with Councilmember Aubrey and Vice Mayor Norris voting
aye and Mayor Searcy, President Pro Tem Bickel and Councilmember Mullinix voting nay.
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to
deny the appeal of the Planning Commission's denial of the 200 Yacht Club Drive Project.
Thereafter, the motion passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-02 CODE AMENDMENT —
BOARDS AND COMMITTEES
A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to
- adopt and enact on second reading Ordinance 2023-02 entitled:
Minutes of the Village Council Regular Session held January 26, 2023 Page 4 of 8
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-02 CODE AMENDMENT —
BOARDS AND COMMITTEES continued
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 stated that the ordinance had passed on first reading at the previous Council
meeting. The ordinance would amend the Village code relating to Village Boards and Committees
by revising the code to require that chairpersons 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
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.
Mrs. Green and Mr. Rubin explained that since the first reading of the ordinance language was
revised to clarify that the monthly meeting requirement did not apply to the two Pension Boards
which meet quarterly and have final decision-making authority and the Planning Commission
which generally meets monthly and has final decision-making authority over certain development
applications, variances and appeals. Section 2-1(k)(1) was modified to insert the word "advisory"
before the term "boards and committees."
Mr. Huff asked if the Infrastructure Surtax Committee was included in the boards that would have
to meet monthly.
Mr. Rubin explained that since the Infrastructure Surtax Committee was considered an oversight
committee and was governed by Palm Beach County code it would not be required to meet
monthly.
Mayor Searcy opened the public hearing.
John Samadi, 512 Marlin Road, expressed his concern with the code revision that would allow the
Village Manager to remove board members for disorderly conduct.
There being no further comments from the public, Mayor Searcy closed the public hearing.
Thereafter, the motion to adopt and enact on second reading Ordinance 2023-02 passed
unanimously.
Minutes of the Village Council Regular Session held January 26, 2023 Page 5 of 8
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:
Receive for file Minutes of the Environmental Committee meeting held 11/14/22.
Receive for file Minutes of the Waterways Board meeting held 11/22/22.
RESOLUTION 2023-06 — MINOR PUD AMENDMENT — TABLED 11/14/22
A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to remove
from the table Resolution 2023-06 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.
Principle Planner Alex Ahrenholz discussed and explained the details of the proposed amendment.
The application was reviewed by the Planning commission on November 1, 2022 with a 7-0 vote
to approve the application. Staff was recommended to specify replacement trees at a minimum
eight (8) inch wide trunk and twenty-five (25) foot overall height. The application was also
reviewed by the Environmental Committee on January 9, 2023. The result was a 5-0 vote to
approve the application with the condition that the replacement trees total the combined size of the
two trees lost or fifty-six (56) inches of trunk width to be provided around the site. However, the
recommendation of the Environmental Committee would require a modification of the original
condition of approval and cannot be accomplished through the minor amendment process. Staff
was recommending approval of the minor amendment to modify the Tree Disposition Plan,
including the minimum trunk width and overall height for the replacement trees as recommended
by the Planning Commission.
Deborah Cross, 2560 Pepperwood Circle, S expressed her concerns with the proposed amendment
and recommended that greenspace and drainage be considered when making amendments.
Shawn Woods, 127 Yacht Club Drive, expressed her concerns with the proposed amendment and
how the project was handled by the developer at its inception. Ms. Woods stated that the intent of
the Environmental Committee's recommendation was to have the developer get as many trees as
possible to replace the dimension of trees that were lost.
Mayor Searcy asked if more trees could be added.
Mr. Rubin explained that the tree disposition plan had already been approved and there was already
a condition to address if any trees died and how they would be relocated. The entire project would
have to re -opened to make changes to the Tree Disposition Plan.
Discussion ensued between Councilmembers and staff regarding the steps that the developer was
taking to address the issues with the trees.
Thereafter, the motion to adopt Resolution 2023-06 passed unanimously.
Minutes of the Village Council Regular Session held January 26, 2023 Page 6 of 8
RESOLUTION 2023-07 — LEISURE SERVICES DEPARTMENT VEHICLE PURCHASE —
TABLED 1/12/23
A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to
remove from the table Resolution 2023-07 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.
Public Works Director Chad 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. Mr. Girard presented
a list of all the bus trips that had been planned for the first five (5) months of the year. The cost to
charter a bus for the Vero Beach Thrift Store trip would be $2,183.00. Currently the charge for
the trip is $20 per person. If the Village were to charter a bus the cost would be $87.32 per person
which was based on an average of twenty-five (25) people who attend that trip. Maintenance costs
for a new bus were reviewed and the total cost per year came to approximately $4,000 per year.
Discussion ensued between Councilmembers regarding the purchase of a new bus and the
possibility of evaluating the charges for the bus trips.
Thereafter the motion to adopt Resolution 2023-07 passed unanimously.
RESOLUTION 2023-08 — FRONT LOAD TRUCK PURCHASE
A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to
adopt Resolution 2023-08 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING THE PURCHASE OF ONE 2023 PETERBILT FRONT
LOAD REFUSE COLLECTION TRUCK FROM SOUTHERN SEWER EQUIPMENT SALES
AND SERVICE, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING
SOURCEWELL COOPERATIVE PURCHASING CONTRACT FOR WASTE AND
RECYCLING VEHICLES; DECLARING AN EXISTING SANITATION COLLECTION
VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE.
Field Operations Manager, Marc Holloway discussed and explained the purpose for purchasing a
new front load truck. The truck would be purchased through Southern Sewer and the truck would
not be delivered until approximately May of 2024.
Thereafter the motion to adopt Resolution 2023-08 passed unanimously.
RESOLUTION 2023-09 — BLANKET PURCHASE ORDER WITH FLYING SCOT, INC.
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to
adopt Resolution 2023-09 entitled:
Minutes of the Village Council Regular Session held January 26, 2023 Page 7 of 8
RESOLUTION 2023-09 — BLANKET PURCHASE ORDER WITH FLYING SCOT, INC. continued
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN ADDITIONAL BLANKET PURCHASE ORDER WITH
FLYING SCOT INC. FOR SIDEWALK REMOVAL AND REPLACEMENT UTILIZING
PRICING ESTABLISHED IN AN EXISTING CITY OF PALM BEACH GARDENS
CONTRACT IN THE AMOUNT OF $100,000; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Holloway stated that there was $200,000 in the Construction Budget for sidewalk repair and
replacement and $50,000 had already been utilized. To make sure there was enough funds to repair
and replace the sidewalks, staff was requesting the issuance of an addition FY 2023 blanket
purchase order at a total cost not to exceed $100,000.
President Pro Tem Bickel asked if someone could report a damaged sidewalk online.
Mr. Holloway stated residents could call Public Works at any time to report a damaged sidewalk
and staff would address it right away.
Councilmembers recommended that the information that residents can call regarding damaged
sidewalks and the phone number to Public Works be included in the monthly newsletter.
Thereafter the motion to adopt Resolution 2023-09 passed unanimously.
RESOLUTION 2023-10 — KINETIC BREACHING TOOLS PURCHASE FOR POLICE DEPARTMENT
A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt
Resolution 2023-10 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING THE SOLE SOURCE PURCHASE OF KINETIC
BREACHING TOOLS FROM AARDVARK FOR USE BY THE POLICE DEPARTMENT;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE
CAPITAL PROJECTS FUND BUDGET TO TRANSFER $59,580 FROM THE CAPITAL
RESERVE ACCOUNT TO THE POLICE — MACHINERY AND EQUIPMENT CAPITAL
ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff explained that the purpose of the resolution was a sole source purchase of six (6) kinetic
breaching tools for the Village's Police Department.
Chief Jenkins stated that the Police Department had several types of breaching tools and this
purchase was a cyclical yearly replacement.
Thereafter the motion to adopt Resolution 2023-10 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Searcy invited everyone out to the Hot Cars and Chili event that would be taking place on
Saturday, January 281h at Anchorage Park.
Minutes of the Village Council Regular Session held January 26, 2023 Page 8 of 8
MAYOR AND COUNCIL MATTERS/REPORTS continued
Mayor Searcy recommended researching and creating a strategic plan for replacing, remodeling
or relocating the Village's facilities.
President Pro Tem Bickel agreed that an assessment of the Village's facilities needed to be done.
Discussion ensued between Councilmembers regarding an assessment and strategic plan for the
Village's facilities.
Mr. Huff stated that he would look into some strategies for better utilization of the Village's
facilities and bring something back to Council for consideration.
Councilmember Mullinix recommended that items that Council and staff receive with the Village's
logo such as cooler bags and cups should be branded and marketed to the public.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff congratulated Chad Girard on becoming the new Public Works Director.
Mr. Huff gave an update on the re -striping of U.S. Highway 1 southbound and turning west onto
Anchorage Drive. Mr. Huff stated that he was able to have FDOT schedule the restriping for the
night of Monday, January 30th
President Pro Tem Bickel recommended creating a policy for honoring deceased employees who
have invested many years in the Village.
Mr. Huff gave an update on the Village's plans to celebrate the life of Jane Lerner who recently
passed and was an employee of the Village for forty-three (43) years. Mr. Huff agreed that a policy
should be created for honoring those who have invested a lot in the Village and have passed on.
Discussion ensued between Councilmembers regarding the creation and implementation of a
policy for honoring employees or residents who have passed and invested in the Village.
Mayor Searcy requested that the item of creating such a policy be placed on a future agenda for
discussion.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:59 p.m.
J ss ca Green, MMC, Village Clerk