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07-13-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 13, 2023 Present: David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Mark Mullinix, Councilmember Deborah Searcy, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Norris 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 Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge. Mayor Norris announced that Item Number 11, Public Hearing and Second Reading of Ordinance 2023-10 — Code Amendment — Artificial Turf/Synthetic Grass had been pulled from the agenda and would not be heard. APPROVAL OF MINUTES The Minutes of the Regular Session held June 22, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Senator Bobby Powell, District 24, gave a 2023 Legislative Session update. Karen Baldwin, 753 Lagoon Drive, expressed her concerns regarding vehicles parking in swales. Walter Eckler, 2671 Lorraine Court, expressed his concerns regarding the absence of a storm drain on Lorraine Court. Mr. Eckler asked about the storm drain assessment and when a storm drain would be installed. Bob Starkie, 36 Yacht Club Drive, expressed his concerns regarding the proposed 200 Yacht Club Drive project and potential traffic issues. Minutes of the Village Council Regular Session held July 13, 2023 Page 2 of 8 STATEMENTS FROM THE PUBLIC continued Tim Hullihan, 840 Country Club Drive, expressed his concerns regarding artificial turf/synthetic grass. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Aubrey seconded the motion, which passed unanimously. The following items were approved: Resolution approving the purchase of Police Department Radio Equipment and Accessories from Communications International, Inc. at a total cost of $39,866.84; and authorizing the Village Manager to take all actions necessary to effectuate the purchase. Receive for file Minutes of the Planning Commission meeting held 11/1/22. Receive for file Minutes of the Planning Commission meeting held 12/6/22. Receive for file Minutes of the Planning Commission meeting held 2/14/23. Receive for file Minutes of the Planning Commission meeting held 3/7/23. Receive for file Minutes of the Library Advisory Board meeting held 5/23/23. Receive for file Minutes of the Business Advisory Board meeting held 6/20/23. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06 ORDINANCE 2023-05 — CODE AMENDMENT — COMPREHENSIVE PLAN AMENDMENT A motion was made by President Pro Tem Aubrey and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2023-05 entitled: ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO FACILITATE REDEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2023-06 entitled: ORDINANCE 2023-06 — CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II1, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-34.1 TO REVISE THE ZONING REGULATIONS FOR THE C-3 REGIONAL BUSINESS DISTRICT TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-35.1, "PLANNED UNIT DEVELOPMENT," TO ALLOW FOR USE BY PROPERTIES WITHIN THE C-3 ZONING DISTRICT UNDER SPECIFIED CIRCUMSTANCES; AMENDING ARTICLE VII, "NONCONFORMING USES OF LAND AND STRUCTURES," BY AMENDING SECTION 45-65 TO REMOVE A REFERENCE TO THE C-3 ZONING Minutes of the Village Council Regular Session held July 13, 2023 Page 3 of 8 ORDINANCE 2023-06 — CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS continued DISTRICT; AMENDING ARTICLE VIII, "LANDSCAPING," BY AMENDING SECTIONS 45-90, "LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS," AND SECTION 45-91, "LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION," TO MODIFY THE REQUIREMENTS FOR THE C-3 ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Alex Ahrenholz began a presentation to explain the purpose of the ordinances. Mr. Ahrenholz gave an overview of the properties that would be affected by the zoning changes. Mr. Ahrenholz discussed and reviewed a height analysis of the properties and a conceptual plan from the developer who is proposing a new project on the site known as the Twin Cities Mall site. Mr. Ahrenholz gave a review of the history of the proposed Comprehensive Plan and C-3 Business Regional District zoning changes and the updates from the first reading of the ordinances. The following changes were added: 1. "The development regulations applicable within the PUD are not permitted or allowed by light and shall only apply if the Village Council determines that each of the threshold criteria are met." 2. (10.a.4) Added wording to the thresholds of the PUD for public benefits: o Enhanced landscaping; o Enhanced pedestrian amenities; o - Creation of functional living, working environments; or o Innovative architectural design. "The Village reserves the right to approve alternate public benefits." 3. Added a tiered provision for building height: o "For projects of at least five (5) acres and with at least 50,000 square feet of non- residential uses, buildings may be a maximum of six 6) stories and seventy 75 feet. o For projects of at least 7 1/2 acres and with at least 70,000 square feet of non- residential uses, buildings may be a maximum of ten (10) stories and one -hundred twenty-five (125) feet. o For projects of at least 10 acres and with at least 90,000 square feet of non- residential uses, buildings may be a maximum of fourteen (14) stories and one - hundred seventy-five (175,) feet." Mr. Ahrenholz stated that staff's analysis concluded that the regulations were consistent with the Citizen's Master Plan, Market Study, Comprehensive Plan (as amended), Lake Park Regulations and the TCRPC Report. The Planning Commission recommended a 6 to 0 approval of Village initiated amendments and no proposed changes based on FDOT comments. Mayor Norris opened the public hearing on the Comprehensive Plan Amendment and the C-3 Regional Business District Zoning Regulations Amendment. Minutes of the Village Council Regular Session held July 13, 2023 Page 4 of 8 PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06 continued Shawn Woods, 124 Yacht Club Drive, stated that she was in favor of the proposed Twin Cities Mall site project, but did not want to see high rises built on the site. Tim Hullihan, 840 Country Club Drive, expressed his concerns with the proposed code revisions and the proposed Twin Cities Mall site project and gave recommendations for code language revision. Mary Phillips, 525 Ebbtide Drive, expressed her concerns with the proposed code revisions and the proposed Twin Cities Mall site project and recommended not allowing buildings at the site over four (4) stories. Lisa Interlandi, 150 Anchorage Drive South, expressed her concerns with the proposed code revisions and the proposed Twin Cities Mall site project. Susan Thomas, 716 Nighthawk Way, expressed her support of the proposed Twin Cities Mall site project and discussed its potential benefits. Mayor Norris clarified and explained that the Council was not denying or approving a particular project or development that night, but only denying or approving code revisions that would affect the property that the proposed Twin Cities Mall project was planned to be built on. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the proposed code revisions and the allowance of fourteen (14) stories. There being no further comments from the public, Mayor Norris closed the public hearing. Councilmember Mullinix expressed his support of and discussed his views on the proposed code revisions and the proposed Twin Cities Mall site project. President Pro Tem Aubrey stated that the Twin Cities Mall site was in need of redevelopment and discussed his views and recommendations on the proposed code revisions and the proposed Twin Cities Mall site project. Vice Mayor Bickel stated that although she supported the vast majority of the proposed Twin Cities Mall site project, she had not changed her view and still did not support the proposed code revisions due to the proposed height and density allowances. Councilmember Searcy stated that she was not approving a proposed project, but a proposed code revision. Councilmember Searcy expressed her views and stated that she was in favor of the proposed code revisions. Mayor Norris concurred with Councilmember Searcy and stated that he was not approving a proposed project and expressed his views on the proposed code revisions. Mayor Norris stated that he wanted to be sure that the code allowed the Village the authority to determine how many stories they will allow for a project. Minutes of the Village Council Regular Session held July 13, 2023 Page 5 of 8 PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 2023-05 AND 2023-06 continued Mr. Rubin explained that heights or stories in the code were expressed in terms of maximums. Mr. Rubin continued by clarifying that there was language in the revised code that would address Senate Bill 102 and the Live Local Act but that there were no guarantees that it would be upheld or granted in a court of law. Mr. Rubin stated that in his opinion, the Village would have a very strong argument in a court of law based on how the code was currently written. Discussion ensued between Mr. Rubin, Mr. Huff and Councilmembers regarding the proposed code revision and how traffic issues would be addressed with regards to future projects. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-05 passed 4 to 1 with Mayor Norris, President Pro Tem Aubrey, Councilmember Mullinix and Councilmember Searcy voting aye and Vice Mayor Bickel voting nay. Thereafter, the motion to adopt and enact on second Ordinance 2023-06 passed 4 to 1 with Mayor Norris, President Pro Tem Aubrey, Councilmember Mullinix and Councilmember Searcy voting aye and Vice Mayor Bickel voting nay. CONFIRMATION OF APPOINTMENT OF DEPUTY VILLAGE CLERK A motion was made by Councilmember Mullinix, seconded by Councilmember Searcy, and passed unanimously to confirm the appointment of Philippa Davis as Deputy Village Clerk. The Council congratulated Mrs. Davis on her appointment. RESOLUTION 2023-53 — DONATION POLICY A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt Resolution 2023-53 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A DONATION POLICY FOR THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village did not currently have a policy governing the acceptance of donations. Mr. Rubin stated that the policy would establish a formal process for the acceptance and documentation of donations made to the Village. Mr. Rubin gave an overview of the processes and criteria that would be included in the new policy. Vice Mayor Bickel asked how the new donation policy would affect the Friends of the Library since they collect donations and then in turn donate those donations to the Village. Mr. Rubin explained that if the Friends of the Library were a separate 503c non-profit organization, they would be exempt from the policy. Discussion ensued between Councilmember Searcy and Mr. Rubin regarding the process for the Village's Advisory Boards raising funds to donate to the Village. Mr. Rubin stated that if a Village Advisory Board or Committee wanted to raise more than $10,000 in donations for the Village, it would have to be approved by Council motion first. Minutes of the Village Council Regular Session held July 13, 2023 Page 6 of 8 RESOLUTION 2023-53 — DONATION POLICY continued Discussion ensued regarding different donation scenarios and whether or not they were addressed in the new donation policy. Vice Mayor Bickel asked if the Fire Department was included in Section 9. Exemptions of the donation policy. Mr. Rubin stated that the Fire Department was not included in Section 9. Exemptions of the donation policy, but that the policy could be amended. A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to amend the donation policy to include the Fire Department in Section 9. Exemptions. Thereafter the motion to amend the donation policy passed unanimously. Thereafter the motion to adopt Resolution 2023-53 passed unanimously. RESOLUTION 2023-54 — PROPERTY, CASUALTY AND WORKERS' COMPENSATION INSURANCE A motion was made by President Pro Tem Aubrey and seconded by Councilmember Searcy to adopt Resolution 2023-54 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM FIRST FLORIDA INSURANCE BROKERS TO PROVIDE PROPERTY, CASUALTY AND WORKERS' COMPENSATION INSURANCE THROUGH PUBLIC RISK MANAGEMENT OF FLORIDA AND AUTHORIZING VILLAGE ADMINISTRATION TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT SUCH COVERAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that the Village's property and casualty coverage was set to expire on September 30, 2023. The proposed renewal with Public Risk Management of Florida would be a total increase of $118, 998 or 14.51 %. Thereafter the motion to adopt Resolution 2023-54 passed unanimously. COUNCIL AND ADMINISTRATION MATTERS MOTION — Designating a voting delegate for the Florida League of Cities Conference. A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to designate Village Manager Chuck Huff as voting delegate for the Florida League of Cities Conference. Thereafter the motion passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Bickel asked for an update on swale parking restrictions. Minutes of the Village Council Regular Session held July 13, 2023 Page 7 of 8 MAYOR AND COUNCIL MATTERS/REPORTS continued Mr. Huff stated that he was working with Mr. Rubin and Community Development Director Caryn Gardner -Young on the initial phase of creating a proposed ordinance for swale parking restrictions. Vice Mayor Bickel and Councilmember Searcy recommended utilizing the Ad Hoc Residential Code Committee to bring recommendations to Council regarding a proposed ordinance for swale parking restrictions. Discussion ensued between Mr. Rubin, Mr. Huff, and Councilmembers regarding the Ad Hoc Residential Code Committee's function and length of term. Councilmember Searcy thanked and complemented all staff that was involved with putting on the wonderful 4th of July event at the Country Club. Councilmember Searcy asked if anyone was able to view the low fireworks at the event. Councilmember Searcy stated that she was not able to view the low fireworks and asked from what location at the event they could be viewed. Mayor Norris stated that the low fireworks could be viewed from the Country Club clubhouse. Vice Mayor Bickel stated that drone firework shows were currently a popular option. Discussion ensued among Councilmembers regarding the 4th of July event at the Country Club and options that could be implemented or changed in the future. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff asked Mr. Rubin to clarify and explain Senate Bill 250. Mr. Rubin explained that Senate Bill 250 was natural disaster related and that if a municipality resided within one -hundred (100) miles of the landfall of either Hurricane Nicole or Hurricane Ian, there were now state imposed restrictions. The restriction would restrict the Village from proposing or adopting more restrictive or burdensome amendments to its Comprehensive Plan or Land Development Regulations or more restrictive or burdensome procedures concerning review approval or issuance of a site plan, development permit or development order. The bill stays in effect until October 1, 2024. The bill is also retroactive to September 28, 2022, which meant that the massing restrictions that the Village enacted in October 2022 were of no force and effect. Mr. Rubin explained that going forward the Village would have to figure out how to address the massing restrictions in the Village code. Mr. Rubin recommended repealing the code and re- enacting it on October 1, 2024. Mayor Norris recommended not repealing but adding language to the code stating that it would not be in effect until October 1, 2024 and that the current code was what the Village desired. Discussion ensued between Mr. Rubin and Councilmembers on how to address the code about the massing restrictions that were not enforceable until October 1, 2024 due to Senate Bill 250. Council came to consensus to have language added to the Villages' code that would address massing restrictions that were not enforceable until October 1, 2024. Minutes of the Village Council Regular Session held July 13, 2023 Page 8 of 8 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff began a presentation regarding Lakeside Park. Mr. Huff reviewed and discussed the measures that staff was continuing to take in relation to issues at Lakeside Park. These measures included increased security, strengthened enforcement, regular maintenance and community engagement. Mr. Huff reviewed and explained a chart showing two (2) months -worth of parking data. Mr. Huff concluded by stating that the data proved that the measures that staff has taken were working and recommended continuing the same approach to resolve issues at Lakeside Park. Discussion ensued between Councilmembers regarding the parking issues at Lakeside Park. Vice Mayor Bickel discussed different options that may potentially be allowed for residents to utilize to prevent parking on or damage to their swales. Police Chief Richard Jenkins stated that it would be beneficial to educate residents that swales are the property of the Village and that allowing items in the swales that would deter cars from riding on or parking on the swales were illegal and could pose a potential lawsuit to the Village. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:06 p.m. Jes i Green, MMC, Village Clerk