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HomeMy WebLinkAbout08-10-2023 VC REG-MPresent: MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 10, 2023 David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Mark Mullinix, Councilmember Samia Janjua, Finance Director Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Deborah Searcy, Councilmember Chuck Huff, Village Manager ROLL CALL Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present except Councilmember Searcy who was out of town. All members of staff were present except Village Manager Chuck Huff who was out of town. Finance Director Samia Janjua attended the meeting on behalf of Mr. Huff. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge. ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA Mayor Norris announced that Item Number 9 would be moved to after the Consent Agenda and a Resolution to consider the approval of an Amendment to the Contract with Ranger Construction Industries, Inc. for Milling and Resurfacing would be added as Item Number 12 to the agenda. APPROVAL OF MINUTES The Minutes of the Regular Session held July 27, 2023 were approved as written. STATEMENTS FROM THE PUBLIC John Frerking, 130 Cruiser Road S, expressed his concerns regarding fees that he was charged for yard clippings. Minutes of the Village Council Regular Session held August 10, 2023 Page 2 of 7 CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. President Pro Tem Aubrey seconded the motion, which passed with all present voting aye. The following items were approved: Resolution accepting a proposal from BD Environmental Group, LLC for the installation of Cured In Place Pipe Liners at three locations within the Village at a total cost of $28,900; and authorizing execution of the Contract. Resolution accepting a proposal from Inliner Solutions, LLC for the installation of Cured In Place Pipe Liners on Privateer Road at a total cost of $33,761; and authorizing execution of the Contract. Receive for file Minutes of the Planning Commission meeting held 5/2/23. MOTION — Consideration of the presentations and approval of a motion accepting the ranking of the firms, as determined through the Council's evaluation of the completion of a Master Plan for Osborne Park and the Community Center; and authorizing Staff to commence negotiations with the top -ranked firm. The following firms gave a presentation: • Team Plan, Inc. • Cotleur & Hearing • Chen Moore and Associates After the conclusion of all three (3) presentations, discussion ensued between Councilmembers and Mr. Rubin regarding the ranking of each firm. A motion was made by President Pro Tem Aubrey and seconded by Vice Mayor Bickel to rank the firms in the following order: 1. Team Plan, Inc. 2. Cotleur & Hearing 3. Chen Moore and Associates Thereafter the motion passed with all present voting aye. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2023-13 CODE AMENDMENT — HOME OCCUPATIONS A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to adopt on first reading Ordinance 2023-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," BY AMENDING SECTION 17-3, "HOME OCCUPATIONS," TO COMPLY WITH FLORIDA LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held August 10, 2023 Page 3 of 7 ORDINANCE 2023-13 CODE AMENDMENT — HOME OCCUPATIONS continued Mr. Rubin explained that due to the adoption of Florida Statutes Section 559.995, the Village was required to repeal its existing regulations for home occupations and replace them with the restrictions permitted through the new statute. Mr. Rubin discussed and reviewed the changes to the regulations. Discussion ensued between Councilmembers and Mr. Rubin regarding the changes to the regulations for home occupations. Thereafter, the motion to adopt on first reading Ordinance 2023-13 passed with all present voting aye. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-10 CODE AMENDMENT — ANCHORAGE PARK LAUNCH RAMP STICKERS A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt and enact on second 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. Zak Sherman, Director of Leisure Services discussed and explained the reason for the ordinance. 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. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Discussion ensued between Councilmembers regarding the language in the ordinance that referenced affixing the launch ramp sticker to the driver side trailer tongue. A motion was made by Vice Mayor Bickel and seconded by Councilmember Mullinix to amend the language in the ordinance to state that the launch ramp sticker is to be affixed to the driver's side of the trailer within four (4) feet of the hitch connection. Thereafter the motion to amend the ordinance passed with all present voting aye. Thereafter the motion to adopt and enact on second reading Ordinance 2023-10 as amended passed with all present voting aye. Minutes of the Village Council Regular Session held August 10, 2023 Page 4 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-11 COUNTRY CLUB BUDGET AMENDMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt and enact on second 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. Samia Janjua, Finance Director explained that the purpose of the ordinance was to amend the Country Club Budget to transfer funds from the Special Projects Fund to the Country Club Construction and Major Renovation Fund to fund the replacement of tennis court lighting and fencing a the Country Club tennis courts. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-11 passed with all present voting aye. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS A motion was made by President Pro Tem Aubrey and seconded by Vice Mayor Bickel to adopt and enact on second 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 that upon adoption of the ordinance on first reading, Council requested revisions to the ordinance which were to revise the permitted hours for peddling and soliciting from 9:00 a.m. to dusk to 9:00 a.m. to 8:00 p.m. for ease of enforcement and for the code to clearly provide that a solicitation/peddling permit be prominently displayed. Mr. Rubin stated that the requested revisions were made to the ordinance that was being presented for consideration of an adoption and enaction on second reading. Minutes of the Village Council Regular Session held August 10, 2023 Page 5 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS continued Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-12 passed 3 to 1 with Mayor Norris, Vice Mayor Bickel and President Pro Tem Aubrey voting aye and Councilmember Mullinix voting nay. RESOLUTION 2023-62 — COMMUNITY CENTER ATHLETIC FIELD FENCING A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt Resolution 2023-62 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM DANIELS FENCE CORP. FOR THE SUPPLY AND INSTALLATION OF NEW FENCING FOR THE COMMUNITY CENTER ATHLETIC FIELD PURSUANT TO PRICING ESTABLISHED IN AN EXISTING MARTIN COUNTY CONTRACT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECU I A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DA I'B. Director of Leisure Services Zak Sherman discussed and explained that the purpose of the resolution was to continue efforts to make repairs and replacements at the Community Center due to tornado damages. Mr. Sherman stated that new fencing would be installed around the Community Center athletic field to replace the damaged fencing and that staff was in the process of seeking reimbursement from the Village's insurance company to cover the costs. Discussion ensued between Councilmembers and Mr. Sherman regarding the insurance reimbursement. Thereafter the motion to adopt Resolution 2023-62 passed with all present voting aye. RESOLUTION 2023-63 — COUNTRY CLUB TENNIS COURT LIGHTING A motion was made by President Pro Tem Aubrey and seconded by Councilmember Mullinix to adopt Resolution 2023-63 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH MUSCO SPORTS LIGHTING, LLC FOR THE PURCHASE AND INSTALLATION OF NEW TENNIS COURT LIGHTING AT THE NORTH PALM BEACH COUNTRY CLUB UTILIZING PRICING ESTABLISHED IN AN EXISTING SOURCEWELL AGREEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Country Club General Manager Beth Davis explained that the purpose of the resolution was to purchase and install new tennis court LED lighting from Musco Sports Lighting, LLC at cost of $650,000 pursuant to pricing in an existing Sourcewell Contract. Ms. Davis explained that the current lighting at the tennis courts was in need of emergency replacement due the age and failure of both the aluminum and cement structured light poles. Minutes of the Village Council Regular Session held August 10, 2023 Page 6 of 7 RESOLUTION 2023-63 — COUNTRY CLUB TENNIS COURT LIGHTING continued Ms. Davis explained that Musco Lighting would demolish the current lighting poles and system before the replacement. The new lighting system has the capability of being controlled through a cell phone and there was a twenty-five (25) year warranty and 24-7 maintenance support from Musco Lighting. Discussion ensued between Councilmembers and Ms. Davis regarding the cost and features of the proposed new lighting system at the tennis courts. Thereafter the motion to adopt Resolution 2023-63 passed with all present voting aye. RESOLUTION 2023-64 — AMENDMENT TO THE CONTRACT FOR MILLING AND RESURFACING A motion was made by Vice Mayor Bickel and seconded by Councilmember Mullinix to adopt Resolution 2023-64 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH RANGER CONSTRUCTION INDUSTRIES, INC. FOR MILLING AND RESURFACING OF SPECIFIED VILLAGE ROADWAYS TO MODIFY THE SCOPE OF SERVICES AND ADJUST THE TOTAL COST AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Chad Girard explained that the milling and resurfacing of various Village roads was underway. Due to resident inquiries and concerns staff was proposing a revision to the scope of services to include milling and resurfacing of Buttonwood Drive and to remove the milling and resurfacing of a cul-de-sac on Fairhaven Place. Thereafter the motion to adopt Resolution 2023-64 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix recommended that residents not be charged for yard clippings. Mr. Rubin explained that the Village's code requires that fees be charged for yard clippings that are produced by a commercial contractor if they are not hauled away. Field Operations Manager Marc Holloway discussed and explained the time and cost involved in hauling yard clippings that are not hauled away by landscapers. Council requested that a workshop regarding the Village code regulating requirements for yard clippings. VILLAGE MANAGER MATTERS/REPORTS Mrs. Janjua stated that there were over 250 participants at the Annual Fishing Tournament that took place on Saturday, August 5th. Mrs. Janjua thanked Mr. Sherman and his staff for their work in putting together a successful event. Minutes of the Village Council Regular Session held August 10, 2023 Page 7 of 7 VILLAGE MANAGER MATTERS/REPORTS continued Mrs. Janjua reminded Council that there would was a Budget Workshop scheduled for August 16th at7p.m. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:40 p.m. a Green, MMC, Village Clerk