07-27-2023 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 27, 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, Resolution - Country Club Golf Course Netting
Installation had been pulled from the agenda and that a Resolution approving an Interlocal
Agreement with Palm Beach County for use of grant funds to purchase emergency medical
services equipment was added to the agenda.
APPROVAL OF MINUTES
The Minutes of the Regular Session held July 13, 2023 were approved as written.
CONSENT AGENDA APPROVED
President Pro Tem Aubrey moved to approve the Consent Agenda. Vice Mayor Bickel seconded
the motion, which passed unanimously. The following items were approved:
Resolution approving a Blanket Purchase Order for the Public Works Department with GT
Supplies, Inc. in the total amount of $75,000 for dumpster repairs.
Resolution accepting a proposal from Integrity Landscape, LLC for swale renovations on
specified Village roadways at a total cost of $32,300; and authorizing execution of the Contract.
Receive for file Minutes of the Environmental Committee meeting held 6/5/23.
Receive for file Minutes of the Waterways Advisory Board meeting held 6/27/23.
Minutes of the Village Council Regular Session held July 27, 2023 Page 2 of 6
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2023-10 CODE AMENDMENT — ANCHORAGE PARK LAUNCH RAMP STI
A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to
adopt on first reading Ordinance 2023-10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE II, "BOAT LAUNCHING AREA," OF CHAPTER
5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES
BY AMENDING SECTION 5-33 TO MODIFY THE REQUIRED LOCATION FOR
ANCHORAGE PARK LAUNCH RAMP STICKERS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Director of Leisure Services Zak Sherman explained the reason for the code amendment. The
Waterways Board and the Recreation Advisory Board had recommended changing the code that
related to the placement of launch ramp stickers on vehicles using the boat ramp at Anchorage
Park. The current ordinance states that all vehicles must have a Village launch ramp sticker
permanently affixed to the vehicle, visible from behind. The proposed revision would specify that
the launch ramp sticker should be permanently affixed to the driver side trailer tongue.
Councilmember Searcy expressed her concern regarding semi -trucks using the boat launch ramps
to load building supplies.
Mr. Sherman explained and discussed steps that the Recreation Department was taking to monitor
and address the situation.
Discussion ensued between Mr. Sherman and Councilmembers regarding possible solutions to the
issue of unpermitted uses of the boat launch ramps.
Mr. Rubin stated that the code allows Council to adopt rules and regulations related to the use of
the boat launch ramps.
Thereafter, the motion to adopt on first reading Ordinance 2023-10 passed unanimously.
ORDINANCE 2023-11 COUNTRY CLUB BUDGET AMENDMENT
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt on
first reading Ordinance 2023-11 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 TRANSFER $800,000 FROM THE SPECIAL PROJECTS FUND TO THE
COUNTRY CLUB CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO FUND
THE REPLACEMENT OF THE TENNIS COURT LIGHTING AND FENCING; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Huff explained that the Country Club's tennis court lighting and fencing have eroded to the
point of becoming a safety issue. The internal and external lights would be replaced with a new
LED lighting system provided by Musco Sports Lighting LLC.
Minutes of the Village Council Regular Session held July 27, 2023 Page 3 of 6
ORDINANCE 2023-11 COUNTRY CLUB BUDGET AMENDMENT continued
Mr. Huff explained that staff was requesting the approval of an amendment to the Country Club
Budget to transfer $800,000 from the Special Projects Fund to the Country Club Construction and
Major Renovation Fund in order to hind the purchase.
Vice Mayor Bickel asked if the installation of the new lighting system would affect the new
landscaping and plants that were planted along the U.S. Highway 1 side of the tennis courts.
Mr. Huff stated that he did not believe the landscaping along U.S. Highway 1 would be affected
since there were no electrical lines that run underneath that landscaping.
Thereafter, the motion to adopt on first reading Ordinance 2023-11 passed unanimously.
ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS
A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to
adopt on first reading Ordinance 2023-12 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES; AMENDING
ARTICLE II, "LOCAL BUSINESS TAX," BY AMENDING SECTION 17-33, "BUSINESS
TAX SCHEDULE," TO REMOVE THE ANNUAL TAX FOR CANVASSERS AND
SOLICITORS; AMENDING ARTICLE VIII, "PEDDLERS AND SOLICITORS," BY
AMENDING SECTION 17-88, "LIMITATION ON HOURS FOR PEDDLING OR
SOLICITATION," TO MODIFY THE PERMISSIBLE HOURS AND SECTION 17-90,
"NOTICE BY PROPERTY OWNERS," TO CLARIFY THE ENFORCEMENT ON PRIVATE
PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin discussed and explained the purpose and reasons for the code amendment. The code
amendment would revise the fee charged to solicitors by removing the required $346.50 annual
business tax and leaving only the $115.50 charge per peddler or solicitor, and revise the
permissible time for a person holding a permit to engage in peddling and soliciting activities to
between the hours of 9:00 a.m. and dusk, Monday through Saturday. The last sentence of Section
17-90 of the Village Code was amended to read as follows: "Where streets are privately owned,
the owner may post a clearly legible sign at each entrance to the privately owned street indicating
that peddling or soliciting is prohibited."
Councilmember Mullinix discussed and expressed his concerns with the proposed revisions to the
code. Councilmember Mullinix stated that he only agreed with removing the annual business tax
fee and charging the $115.50 charge per peddler or solicitor and recommended the remainder of
the code remain as is.
Discussion ensued between Mr. Rubin, Councilmembers and Police Chief Richard Jenkins
regarding the proposed permissible time to allow peddlers or solicitors to engage in peddling and
soliciting activities.
Council came to consensus revise the permissible time for a person holding a permit to engage in
peddling and soliciting activities to between the hours of 9:00 a.m. and 8:00 p.m.
Minutes of the Village Council Regular Session held July 27, 2023 Page 4 of 6
ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS continued
Discussion ensued regarding the enforcement of "no soliciting" signs and requiring a visible
display of a solicitor or peddlers permit.
Thereafter, the motion to adopt on first reading Ordinance 2023-12 with a revision to the
permissible time for a person holding a permit to engage in peddling and soliciting activities to
between the hours of 9:00 a.m. and 8:00 p.m., passed 4 to 1 with Mayor Norris, Vice Mayor Bickel,
President Pro Tem Aubrey and Councilmember Searcy voting aye and Councilmember Mullinix
voting nay.
RESOLUTION 2023-58 — ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2023-2024
AND SETTING THE IST PUBLIC HEARING
A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to adopt
Resolution 2023-58 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.0000 MILS FOR
FISCAL YEAR 2024; ESTABLISHING A DATE, TIME, AND PLACE FOR THE FIRST
HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE;
AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE
PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Huff began a presentation where he reviewed and discussed the FY 2024 Manager's Proposed
Budget. Mr. Huff stated that the proposed budget was based upon a flat millage rate of $7.00 mils.
Mr. Huff reviewed and explained FY 2024 Budget Highlights. Mr. Huff reviewed the FY 2024
Preliminary Budget Summary and explained that personnel and operating expenses were the
majority of the costs involved in the total budget of $41,546,758. Mr. Huff clarified that there was
an increase of thirteen (13) part-time employee positions in Fiscal Year 2023 and that in the
proposed Fiscal Year 2024 budget there would be a total of fifteen (15) part-time employee
positions and the elimination of one (1) full-time employee position. The difference between FY
2023 and the proposed FY 2024 proposed budget would be plus two (+2) part-time employee
positions and minus one (-1) full-time employee position. Mr. Huff continued the presentation by
reviewing and explaining the Country Club Summary FY 2023 versus FY 2024, the FY 2024
Country Club Preliminary Budget Summary, the General Fund Summary FY 2023 versus FY 2024
and FY 2024 General Fund Preliminary Budget Summary. The proposed FY 2024 General Fund
Summary showed an increase of 11.75% from the prior FY 2023.
Councilmember Mullinix expressed his concerns regarding the 11.75% increase and stated that the
increase would not be sustainable.
Mr. Huff explained that the increase was not only from personnel costs, but also from the rising
costs of what the Village purchases in order to operate. Mr. Huff continued his presentation by
reviewing the 5 -Year CIP Cash Flow Summary, FY 2024 Proposed CIP Projects, which totaled
$7,502,684, the Stormwater Utility Fund Non Ad -Valorem Assessment total fund budget of
$500,000, FY 2024 Taxable Value and Millage FY 2023 and FY 2024 comparisons and the FY
2024 Millage Selection. Mr. Huff concluded the presentation by reviewing the FY 2023-2024
Budget Workshop Schedule.
Thereafter the motion to adopt Resolution 2023-58 passed unanimously.
Minutes of the Village Council Regular Session held July 27, 2023 Page 5 of 6
RESOLUTION 2023-59 — ALTERNATE SPECIAL MAGISTRATE
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
Resolution 2023-59 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPOINTING KEVIN M. WAGNER AS THE VILLAGE'S ALTERNATE
CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff explained that due to appointing the Village's former Alternate Special Magistrate to the
Primary Magistrate position, the Village was in need of appointing a new Alternate Special
Magistrate. Mr. Huff stated that staff was recommending that Council appoint Mr. Kevin M.
Wagner as the Village's Alternate Special Magistrate.
Mr. Wagner introduced himself to Council and thanked them for their consideration.
Mayor Norris thanked Mr. Wagner for his willingness to serve the Village as Alternate Special
Magistrate.
Thereafter the motion to adopt Resolution 2023-59 passed unanimously.
RESOLUTION 2023-57 — INTERLOCAL AGREEMENT FOR USE OF GRANT FUNDS FOR
EMERGENCY MEDICAL SERVICES EOUIPMENT PURCHASE
A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to adopt
Resolution 2023-57 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY FOR THE USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES
EQUIPMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
AGREEMENT; APPROVING THE SOLE SOURCE PURCHASE OF ONE LUCAS 3 CHEST
COMPRESSION SYSTEM FROM STRYKER MEDICAL UTILIZING GRANT FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Huff apologized that the agenda item was introduced late, but was necessary in order to meet
the deadline to receive the grant funding for emergency medical services equipment. The grant
funds would be used to purchase one (1) chest compression system to be utilized in the Village's
Fire Department.
Thereafter the motion to adopt Resolution 2023-57 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Mullinix requested that Council consider changing Village parks' hours based on
Police Chief Jenkins feedback.
Council came to consensus to bring back to a future Council meeting an item to consider changing
the Village parks' hours.
Minutes of the Village Council Regular Session held July 27, 2023 Page 6 of 6
VILLAGE MANAGER MATTERS/REPORTS
Mr. Huff reviewed and explained last year's cost estimate for replacing the Lighthouse Drive Bridge.
Mr. Huff thanked Finance Director Sarnia Janjua and the Village's Department Heads for their
work and for doing a good job on their Departmental Budgets.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 7:52 p.m.
Jess(C)Green, MMC, Village Clerk