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02-09-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA FEBRUARY 9, 2023 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. 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 26, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Chris Ryder, 118 Dory Road, S., thanked Council for upholding the decision of the Planning Commission to reject the appeal on the proposed 200 Yacht Club Drive project. Mr. Ryder recommended a review of the Zoning and Comprehensive Plan changes that were made during the Spring of 2020. Mr. Ryder stated that Swale maintenance needed to be done and trees removed from the swale on the road opposite side of his home. Deborah Cross, 2560 Pepperwood Cr. S, expressed her concerns regarding the traffic and speeding on U.S. Highway 1. Mrs. Cross expressed the need for more trees and vegetation along U.S. Highway 1 and the need for a sufficient water supply throughout the Village. Don Kazimir,106 Gulfstream Road, asked that women police officers be hired at the Village based on qualifications and experience and not based on meeting a certain quota. Minutes of the Village Council Regular Session held February 9, 2023 Page 2 of 6 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2023-04 CODE AMENDMENT — NOISE CONTROL A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2023-04 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE VI, "NOISE CONTROL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 19-99, "DEFINITIONS," TO MODIFY THE DECIBEL LEVELS FOR UNREASONABLE NOISE AND AMENDING SECTION 19-103, "ENFORCEMENT," TO MODIFY THE ENFORCEMENT PROCEDURE; 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 amend the Village Code by revising existing noise regulations and modifying the enforcement procedure. The proposed revisions would reduce the noise emanating from commercial and industrial property, noise emanation from commercial and industrial property adjacent to residential property and noise emanating from residential property. by reducing the decibel limits for noise. The revised enforcement procedure provides the law enforcement officer with the discretion to issue either a warning or a violation notice when the officer observes a violation of the Village's noise regulations. In the event a warning is issued, the violator has five minutes to reduce the noise generated. The initial fine amount would be $250 which remains unchanged. The fine for additional violations within a five- year period would be increased from $300 to $500, and a fourth offense within a five-year period constitutes a criminal offense subject to the penalties set forth in Section 1-8 of the Village Code. The five-year period is tied to the definition of a "repeat violation" for code enforcement proceedings initiated pursuant to Chapter 162, Florida Statutes. A person is classified as a repeat violator if he or she violates the same code provision within a five-year period. Discussion ensued between Council and staff regarding the revised noise regulations and enforcement procedure. Thereafter, the motion to adopt on first reading Ordinance 2023-04 passed with all present voting aye. PUBLIC HEARING RE -ADOPTION AND SECOND READING OF ORDINANCE 2023-01 CODE AMENDMENT — FIRE AND POLICE PENSION AND BENEFITS A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to re -adopt and enact on second reading Ordinance 2023-01 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 Minutes of the Village Council Regular Session held February 9, 2023 Page 3 of 6 PUBLIC HEARING RE -ADOPTION AND SECOND READING OF ORDINANCE 2023-01 CODE AMENDMENT — FIRE AND POLICE PENSION AND BENEFITS continued 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 at its January 12, 2023 meeting, the Village Council unanimously voted to approve the ordinance on second and final reading; however, a subsequent review of the recording of the meeting revealed that there was no motion or second to adopt. Mr. Rubin stated that in an abundance of caution, and to cure any potential procedural error, the ordinance was being brought back to the Village Council for re -adoption on second and final reading. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to re -adopt and enact on second reading Ordinance 2023-01 passed with all present voting aye. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-03 CODE AMENDMENT — COMPREHENSIVE PLAN A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2023-03 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. Alex Ahrenholz, Principle Planner explained that after the ordinance had passed on first reading at the December 8, 2022 Council meeting, Village staff transmitted the proposed Comprehensive Plan Amendment to the Florida Department of Economic Opportunity for review and comment. There were no formal comments or objections to the application by any of the review agencies. Village staff recommended adoption of the ordinance on second reading. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-03 passed with all present voting aye. Minutes of the Village Council Regular Session held February 9, 2023 Page 4 of 6 CONSENT AGENDA APPROVED Vice Mayor Norris moved to approve the Consent Agenda. Councilmember Aubrey seconded the motion, which passed with all present voting aye. The following items were approved: Resolution approving a Contract with Perseverance Basketball, LLC to run and staff the Village's Spring Youth Basketball League at an estimated cost between $25,000 and $32,000 (depending on the number of participants); and authorizing execution of the Contract. Resolution accepting a proposal from Keyed Up Fence, LLC for replacement of Athletic Field Fencing at the Community Center at a total cost of $19,900; and authorizing execution of the Contract. Resolution approving a proposal from Advanced Recreational Concepts, LLC for the purchase of new playground equipment parts for Lakeside Park and approving a proposal from Play Space Services, Inc. for the installation of the parts at a total cost of $7,638.13; and authorizing execution of the Contracts. Resolution approving a Contract with the South Central Planning and Development Commission for Community Development Software utilizing pricing established in an existing Contract with the Town of Juno Beach at a total cost for the first two years of $49,399.92; and authorizing execution of the Contract and Software License and Service Agreement. Receive for file Minutes of the Library Advisory Board meeting held 11/22/22. Receive for file Minutes of the Audit Committee meeting held 12/7/22. Receive for file Minutes of the Recreation Advisory Board meeting held 12/13/22. RESOLUTION 2023-15 — VILLAGE MANAGER EMPLOYMENT AGREEMENT A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt Resolution 2023-15 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING CHARLES D. HUFF TO SERVE AS VILLAGE MANAGER; APPROVING AN AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF HIS EMPLOYMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village Manager Employment Agreement had mostly the same terms as prior Village Manager Agreements. Mr. Rubin explained that the agreement provides for Mr. Huff's salary, two types of terminations which are just cause and without just cause. Mr. Huff would receive the maximum of accrued vacation and sick time and would be assigned the same paid holidays as Village employees. Mr. Huff would receive health, vision and dental coverage for himself and his family, life insurance coverage in the amount equal to twice the Manager's annual salary, an automobile allowance of $700 per month, a cell phone allowance for use of his private cell phone or for the purchase of a new cell phone for business use of $100 per month. Mr. Rubin explained what Mr. Huff's retirement plan contribution would be and concluded by stating that Mr. Huffs residency requirement would be waived subject to the Council's authority to revoke the waiver as set forth in the Village code. Minutes of the Village Council Regular Session held February 9, 2023 Page 5 of 6 RESOLUTION 2023-15 — VILLAGE MANAGER EMPLOYMENT AGREEMENT continued Karen Marcus, 920 Evergreen Drive, stated that on behalf of herself and Pat Friedman who was currently on a cruise, stated that they wanted to share their support for Mr. Huff as the Village Manager and thanked Council for hiring him and making it official. Ms. Marcus stated that a Village tree survey was completed and that the Environmental Committee would be sharing it with Council. Thereafter, the motion to adopt Resolution 2023-15 passed with all present voting aye. Mayor Searcy and Council congratulated Mr. Huff. Mr. Huff thanked Village Council and the residents. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy thanked Leisure Services staff for a successful Hot Cars and Chili event. Mayor Searcy asked if the CMU code should be updated to include a mixed use requirement on projects. President Pro Tem Bickel recommended reviewing the entire code that includes mixed use. Mr. Rubin explained that it was the Comprehensive Plan that included the mixed pattern of use. President Pro Tem Bickel recommended getting feedback from residents and discussing the height of the proposed Twin Cities Mall Site Project. Discussion ensued between Councilmembers and Mr. Rubin regarding receiving input from residents and discussing the proposed Twin Cities Mall Site Project. Vice Mayor Norris stated that the Environmental Committee asked him to bring up the question of whether or not the Village would be installing charging stations for electric cars. Mr. Huff explained that FPL was planning to install two charging stations at the Country Club and that he was in the process of working with them to get them installed. Discussion ensued regarding electric car charging stations. Mr. Huff stated that he would research the type of charging stations that would work best at the Country Club. VILLAGE MANAGER MATTERS/REPORTS Police Chief Richard Jenkins began a presentation on the Police Department's Annual Report. Chief Jenkins discussed and explained the average response time analysis, crime statistics, crime analysis report three (3) year statistics, North Palm Beach as the 6th safest city in Florida, North Palm Beach Police Department 3000 Initiative, annual recruitment analysis, arrestee demographics analysis, Baker Act analysis, net accomplishments analysis, Police Department revenue generated and SWOT analysis. Mayor Searcy and Council thanked Chief Jenkins and the Police Department for their service to the Village. Minutes of the Village Council Regular Session held February 9, 2023 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff thanked Council, Village staff and the residents for giving him the opportunity to serve as the Village Manager. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:57 p.m. Jessi Green, MMC, Village Clerk