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