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Home My WebLink About09-23-2021 VC REG-A with attachmentsVILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS 501 U.S. HIGHWAY 1 Darryl C. Aubrey Deborah Searcy Mayor Vice Mayor Andrew D. Lukasik Village Manager Mark Mullinix President Pro Tem Leonard G. Rubin Village Attorney THURSDAY, SEPTEMBER 23, 2021 7:00 PM Susan Bickel David B. Norris Councilmember Councilmember Jessica Green Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: htti s://us02web.zoom.us/i/81727338143?owd=dXJwR2xaNm9EMTRGLvs4UGxnV3JXZzO9 Meeting ID: 817 2733 8143 Passcode: 825472 To join meeting by phone (voice only): 877 853 5257 US Toll -free 888 475 4499 US Toll -free Meeting ID: 817 2733 8143 Passcode: 825472 Regular Session Agenda, September 23, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Special Session held September 8, 2021 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. PUBLIC HEARING AND 2ND READING OF ORDINANCES 2021-16 AND 2021-17 AD VALOREM TAX MILLAGE RATE AND BUDGET Consider a motion to adopt and enact on second reading Final Ad -Valorem Tax Millage Rate and Approved Fiscal Year 2021-2022 Village Budget. 3. 1ST READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD — 4TH REQUEST FOR CONTINUANCE Consider a motion to continue to October 28, 2021 the first reading of Ordinance 2021-12 creating the Prosperity Village Planned Unit Development on approximately 2.34 acres of real property located on Prosperity Farms Road, south of Allamanda Drive. 4. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-18— CODE AMENDMENT — GARBAGE COLLECTION AND DISPOSAL Consider a motion to adopt and enact on second reading Ordinance 2021-18 amending Article II "Garbage Trash and Refuse," of Chapter 14, "Health and Sanitation," of the Village Code of Ordinances by amending Division 2, "Garbage Collection and Disposal," to remove references to commercial and residential fees from the code and remove and modify outdated provisions. CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 5. RESOLUTION — Approving a Blanket Purchase Order with Baker & Taylor, LLC for purchase of Village Library books in an amount not to exceed $36,000. 6. RESOLUTION — Approving the purchase of five cabana bench awnings and five electric water fountains for the Tennis Center from M.N. Kressler Holdings, Inc. d/b/a 10-S Tennis Supply utilizing Florida Recreation Development Assistance Program (FRDAP) Grant Funds at a total cost of $16,481.84. 7. RESOLUTION —Approving an Amendment to the License Agreement with Richard E. Cavanah, Inc. to utilize the Country Club Pool for organized swim training activities; and authorizing execution of the Amendment. Regular Session Agenda, September 23, 2021 Page 3 of 3 8. RESOLUTION —Appointing the Village's Representative and Alternate Representative to the Public Risk Management of Florida ("PRM") Board of Directors. 9. RESOLUTION — Approving a Second Amendment to the Legal Services Agreement with Torcivia, Donlon, Goddeau & Rubin, P.A. to increase the hourly rate; and authorizing execution of the Second Amendment. 10. Receive for file Minutes of the Planning Commission meeting held 7/13/21. 11. Receive for file Minutes of the Recreation Advisory Board meeting held 7/13/21. 12. Receive for file Minutes of the Environmental Committee meeting held 8/2/21. 13. Receive for file Minutes of the Planning Commission meeting held 8/3/21. 14. Receive for file Minutes of the Recreation Advisory Board meeting held 8/10/21. 15. Receive for file Minutes of the Library Advisory Board meeting held 8/24/21. OTHER VILLAGE BUSINESS MATTERS 16. RESOLUTION — ARBORICULTURAL SERVICES AT COUNTRY CLUB GOLF COURSE Consider a motion to adopt a resolution approving a Contract with All Florida Tree and Landscape, Inc. for arboricultural services at the North Palm Beach County Club Golf Course at a total amount not to exceed $40,000; and authorizing execution of the Contract. 17. RESOLUTION — MILLING, RESURFACING AND STRIPING OF SPECIFIED VILLAGE ROADWAYS Consider a motion to adopt a resolution accepting a proposal from J.W. Cheatham, LLC. for milling, resurfacing and striping services of specified Village roadways at a total cost not to exceed $622,758.50; and authorizing execution of the Contract. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS 18. DISCUSSION - Palm Beach Crew Agreement for Use of Anchorage Park 19. DISCUSSION - County Canvassing Board for Municipal Elections 20. DISCUSSION - Lakeside Park Parking Management 21. DISCUSSION - Condominium Inspections Update REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk's office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. Present: ROLL CALL DRAFT MINUTES OF THE SPECIAL SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 8, 2021 Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present except, Vice Mayor Searcy who arrived at 7:26 p.m. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and President Pro Tem Mullinix led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held August 26, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Deborah Cross, 2560 Pepperwood Circle, expressed her concern with the tabling of a Zoning in Progress and with the permitting and building of oversized homes in the Village. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt on first reading Ordinance 2021-16 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Draft Minutes of Village Council Special Session held September 8, 2021 Page 2 of 8 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued A motion was made by Councilmember Bickel and seconded by President Pro Tem Mullinix to adopt on first reading Ordinance 2021-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE -APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik gave a presentation on the budget. Vice Mayor Searcy arrived to the meeting at 7:26 p.m. Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. Stephanie Camp, 704 Buttonwood Road, expressed her concerns with the stormwater assessment calculations. Ms. Camp asked Council to re -calculate the non -impervious square footage to reflect a more accurate representation of properties that are significantly smaller than the 5500 square foot average stated in the assessment notice. Ms. Camp requested that Council consider a more equitable method to apply a stormwater assessment. Freiderike Mittner, 909 S. Palmway, Lake Worth, stated that she was a City Planner with 20 years of experience working in municipalities in Palm Beach County. Ms. Mittner, applauded the Village for being a first class municipality. Ms. Mittner commended the Village's offering of recreational activities and stated that she was in support of the Anchorage Dry Storage Project. There being no further comments from the public, Mayor Aubrey closed the public hearing. A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to establish an ad valorem tax millage rate of 7.0500 mils. The motion passed unanimously. Mayor Aubrey announced that the rolled back rate is 7.1226 mils, the percentage decrease over the rolled back rate is 1.02%, and the millage rate to be levied is 7.0500 mils. The motion to adopt on first reading Ordinance 2021-16 approving the Ad Valorem Tax Millage Rate passed unanimously. The motion to adopt on first reading Ordinance 2021-17 approving the Fiscal Year 2021-2022 Annual Budget passed unanimously. Draft Minutes of Village Council Special Session held September 8, 2021 Page 3 of 8 ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD AMENDMENT — 3R" REQUEST FOR CONTINUANCE Mayor Aubrey announced that per the request of the applicant, this item was removed from the agenda. ORDINANCE 2021-12 PROSPERITY VILLAGE PUD — 3RD REQUEST FOR CONTINUANCE A motion was made by Councilmember Bickel and seconded by Councilmember Norris to continue the first reading of Ordinance 2021-12 to September 23, 2021. Thereafter, the motion to continue the first reading of Ordinance 2021-12 to September 23, 2021 passed unanimously. ORDINANCE 2021-18 CODE AMENDMENT — GARBAGE COLLECTION AND DISPOSAL A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt on first reading Ordinance 2021-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "GARBAGE TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," TO REMOVE REFERENCES TO COMMERCIAL AND RESIDENTIAL FEES FROM THE CODE AND REMOVE AND MODIFY OUTDATED PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance. Mr. Lukasik stated that references in the current code were in need of revision. Mr. Lukasik stated the references to the commercial fee in the code would be removed. Mr. Lukasik explained that the process for determining commercial fees in the code was not equitable and was difficult to understand and that staff had proposed changes to the commercial fee structure to improve equity among businesses in the Village. The code also included references to residential fees to support operations. These references would also be removed since the Village has used property tax revenue to support residential solid waste operations. Mr. Lukasik explained that the code also contained other regulatory language that was not applicable to the Village's solid waste operations today and those references would also be removed. Thereafter, the motion to adopt on first reading Ordinance 2021-18 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-13 CODE AMENDMENT — ELECTION QUALIFYING PERIOD A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt and enact on second reading Ordinance 2021-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 10, "ELECTIONS," ARTICLE I, "IN GENERAL," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 10-5, "CANDIDATES FOR OFFICE; QUALIFYING," TO AMEND THE QUALIFYING DATES FOR THE VILLAGE' S GENERAL ELECTION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.