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03-16-2023 VC SP-MMINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 16, 2023 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Chuck Huff, 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. ADMINISTRATION OF COUNCILMEMBER OATHS Village Clerk Jessica Green administered the Oath of Office to re-elected councilmembers Susan Bickel and David Norris. Said Oaths are attached to the official Minutes of Record. COUNCIL REORGANIZATION Mayor Searcy opened the floor to nominations for the office of Mayor. Deborah Searcy nominated David -Norris for Mayor. With no other nominations for Mayor, David Norris was declared Mayor. Deborah Searcy nominated Susan Bickel for Vice Mayor. With no other nominations for Vice Mayor, Susan Bickel was declared Vice Mayor. ( Deborah Searcy nominated Darryl Aubrey for President Pro Tem. With no other nominations for President Pro Tem, Darryl Aubrey was declared President Pro Tem. Thereafter, the names of David Norris, Susan Bickel and Darryl Aubrey were entered into Resolution 2023-25. Minutes of the Village Council Special Session held March 16, 2023 Page 2 of 5 RESOLUTION 2023-25 — APPOINTING COUNCIL OFFICERS A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt Resolution 2023-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2023-25 passed with all present voting aye. Village Clerk Jessica Green administered the Oath of Office to Mayor Norris, Vice Mayor Bickel, and President Pro Tem Aubrey. Said Oaths are attached to the official Minutes of Record. Mayor Norris thanked Council for his nomination and congratulated Councilmember Searcy on a job well done as Mayor over the past year. STATEMENTS FROM THE PUBLIC Pat Friedman, 1208 Marine Way, congratulated Mayor Norris and Vice Mayor Bickel for being re-elected and thanked Councilmember Searcy for doing a good job as Mayor over the past year. Chris Ryder, 118 Dory Road S, expressed his concerns that the majority of councilmembers expressed support of the proposed Twin City Mall site redevelopment. Mr. Ryder began an overview of changes that were made to the Village code during the Spring of 2020. Russell Beverstein, 415 U.S. Highway 1, #210, expressed his support for the proposed Twin City Mall site redevelopment, stating that change is tough, but development is progress and would benefit the community as a whole. Bob Starkie, 36 Yacht Club Drive, thanked Council for their service. Mr. Starkie asked that the Village communicate to the residents on what is happening with the proposed 200 Yacht Club Drive project and the lawsuit filed by Robbins LLC. Mr. Starkie discussed information in the court documents regarding traffic concerns. C HEARINGS AND OUASI-JUDICIAL MATTERS ORDINANCE 2023-04 COUNTRY CLUB BUDGET AMENDMENT A motion was made by Councilmember Searcy and seconded by Vice Mayor 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 THE ADOPTED COUNTRY CLUB BUDGET FOR FISCAL YEAR 2023 TO UTILIZE $200,000 IN FEE REVENUES TO FUND CAPITAL PROJECTS AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Special Session held March 16, 2023 Page 3 of 5 ORDINANCE 2023-04 COUNTRY CLUB BUDGET AMENDMENT continued Mr. Bowman, Head Golf Professional explained that staff was requesting the budget amendment to provide additional capital projects at the Country Club Golf Course. Golf fee revenues have surpassed the targeted budget and the previous year's numbers during the first five (5) months of the current fiscal year. Rounds of golf played have increased from an average of 44,000 to over 56,000 per year and staff was making the request to make needed improvements at the golf course because of the increased revenues and the increased play. Russell Beverstein, 415 U.S. Highway 1, #210, asked for clarification on the budget amendment. Mayor Norris explained that the $200,000 was not currently in the budget but would be added to the budget through the amendment. The source of the $200,000 would come from golf fees revenue. Vice Mayor Bickel asked what would happen to the remaining surplus. Mr. Bowman stated that he anticipated additional growth in surplus funds that may be utilized later in the fiscal year, otherwise the surplus would be discussed at future budget workshops. Thereafter, the motion to adopt on first reading Ordinance 2023-04 passed with all present voting aye. CONSENT AGENDA APPROVED President Pro Tem Aubrey moved to approve the Consent Agenda. Vice Mayor Bickel seconded the motion, which passed with all present voting aye. The following item was approved: Resolution approving a Federally -Funded Subaward and Grant Agreement with the State of Florida Division of Emergency Management for the receipt of FEMA Grant Funds; and authorizing the Village Manager to execute the Agreement on behalf of the Village. RESOLUTION 2023-27 — ACCEPTANCE OF FY 2022 AUDIT REPORT A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt Resolution 2023-27 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL REPORT PREPARED BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2022 AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN EFFECTIVE DATE. Terry Morton of Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2022. Chairman Marie Silvani presented comments on behalf of the Audit Committee stating that the Audit Committee had no written comments on the report and that they were satisfied with the presentation. Councilmember Searcy requested a round of applause for Finance Director Sarnia Janjua. Minutes of the Village Council Special Session held March 16, 2023 Page 4 of 5 RESOLUTION 2023-27 — ACCEPTANCE OF FY 2022 AUDIT REPORT continued Mayor Norris thanked Ms. Janjua and her staff in the Finance Department for a job well done. Thereafter, the motion to adopt Resolution 2023-27 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Searcy asked if there was an update on the Robbins LLC lawsuit regarding the proposed 200 Yacht Club project. Mr. Rubin stated that a Special Master had not yet been chosen to preside over the case, once that happens he can give an update on the process and the timeline. Councilmember Searcy stated that she observed through the Village's new webpage NPB Biz that there were businesses in the Village that were not listed as having a Business Tax Receipt. Councilmember Searcy further stated that she had researched the Village code related to Business Tax Receipts and discovered that a business such as the Memory Care Center would pay a cost of $132 per year versus a psychic that would pay $1217 per year. Councilmember Searcy recommended that the Business Advisory Board evaluate the Village's Business Tax Receipt fees and make recommendations for revisions. Council came to consensus to have the Business Advisory Board review and evaluate the Village's Business Tax Receipt code and fees and to bring back their recommendations. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff stated that the Environmental Committee was planning a tree giveaway of 100 trees on April 22nd at Anchorage Park and any trees that were leftover would be given away on Arbor Day at Osbourne Park. The Environmental Committee was asking if Council would purchase the trees. Mr. Huff explained that the committee received two (2) quotes for the trees. The first quote was for $12,000 and the second quote was for approximately $1,100. Mr. Huff stated that he would confirm the amount of the second quote. Council agreed to pay the approximate cost of $1,100 for the trees. Vice Mayor Bickel discussed the appearance of some of the swales throughout the Village and recommended that the trees given away come with a disclaimer that a permit would be needed if the resident was planning to plant their tree in their swale. Mr. Huff stated that he would inform the Environmental Committee of Council's request to provide a disclaimer with the tree giveaway. Mr. Huff announced that there was a Celebration of Life scheduled for Saturday, March 25th at 11 a.m. at Faith Lutheran Church for former employee Jane Lerner who had passed away. tH Mr. Huff announced that the next regular Council meeting was scheduled for April 13 Minutes of the Village Council Special Session held March 16, 2023 Page 5 of 5 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:38 p.m. Jessi Green, MMC, Village Clerk OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Susan Bickel, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein, so help me God. STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me by means of physical presence this 16th day of March, 2023, by Susan Bickel, who is personally known to me. �otaR Jessica J. Green Q NOTARY PUBLIC a S STATE OF FLORIDA Comm# GG951576 7ess1 J. qreen Expires 3/7/2024 4otary Publi to of Florida My Commission Expires 3/7/2024 Commission # GG951576 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, David Norris, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Govermnent of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilmember on which I am now about to enter, so help me God. STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me by means of physical presence this 16th day of March, 2023, by David Norris, who is personally known to me. o�OtpRYgsso� Jessica J. Green NOTARY PUBLIC a. STATE OF FLORIDA JeS�1Ca J. Green o ` z' i Comm# GG951576 E 19 0 Expires 3/7/2024 Nota is —State of Florida My Commission Expires 3/7/2024 Commission # GG951576 OATH OF OFFICE State of Florida ) County of Palm Beach ) Village of North Palm Beach ) ss. I, David Norris, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein, so help me God. STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me by me by David Norris, who is personally known to me. Jessica J. Green b, NOTARY OTARY PUBLIC STATE OF FLORIDA i Comm* GG951576 s'N�` 9 $ Expires 3/7/2024 �)Jess' a . Green ary Publ — tate of Florida My Commission Expires 3/7/2024 Commission # GG951576 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Susan Bickel, do solemnly swear or affirm that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of Councilmember on which I am now about to enter, so help me God. STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me by means of physical presence this 16th day of March, 2023, by Susan Bickel, who is personally known to me. ��SpRY gsso� jessica J. NOTARY PUBLIC Jes ica J. reen " 0 -STATE OF FLORIDA 0 (A'o"tary Pub ' tate of Florida ��= Comm# GG95152 M Commission Expires 3/7/2024 N 19 Expires 3/7/2024 Y p ��_ Commission # GG951576 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Darryl Aubrey, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein, so help me God. f STATE OF FLORIDA COUNTY OF PALM BEACH Sworn to and subscribed before me by means of physical presence this 16th day of March, 2023, by Darryl Aubrey, who is personally known to me. pZARY een {s�o� NOTARY PUJessica J. BLIC \ STATE OF FLORIDA Jess ca J Green a { 2 Comm# GG951576 otary Publ> —State of Florida s''vce 1911, Expires 3/7/2024 My Commission Expires 3/7/2024 Commission # GG951576