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HomeMy WebLinkAbout09-14-2023 VC REG-MPresent: MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 14, 2023 David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Deborah Searcy, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Mark Mullinix, Councilmember ROLL CALL Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present except Councilmember Mullinix who was out of town. 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. AWARDS AND RECOGNITION Mayor Norris presented a proclamation for Arbor Day to Zak Sherman, Director of Leisure Services and to members of the Environmental Committee. Karen Marcus, Environmental Committee Chair, thanked Council for the proclamation. Mayor Norris presented a proclamation for Diaper Needs Awareness Week to Kimberly Gimson, Co -Founder, Board of Directors of Cotton Bottom Diaper Bank. Ms. Gimson thanked Council for the proclamation. STATEMENTS FROM THE PUBLIC Russell Beverstein, 415 U.S. Highway 1, commented on how well the North Palm Beach Country Club was doing and stated that there have been great improvements at the Farmer's Table Restaurant. Minutes of the Village Council Regular Session held September 14, 2023 Page 2 of 7 STATEMENTS FROM THE PUBLIC continued Chris Ryder, 118 Dory Road, S, expressed his concerns regarding code changes that would relate to the proposed project at the Twin Cities mall site. John Samadi, 512 Marlin Road, expressed his concerns regarding the Inspector General's Report regarding a contract that the Village entered into with J.W. Cheatham, Inc. 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 Aubrey and seconded by Vice Mayor Bickel to adopt on first reading Ordinance 2023-15 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, 2023 AND ENDING SEPTEMBER 30, 2024; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to adopt on first reading Ordinance 2023-16 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, 2023 AND ENDING SEPTEMBER 30, 2024 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. Huff began a presentation on the budget. Mr. Huff reviewed a summary of the General Fund Budget changes, the FY 2024 Combined Budget Summary, and the FY 2024 General Fund Millage and Budget Summary. Mr. Huff explained that at the last Budget Workshop, a rate of $7.00 mils had been proposed but that Council requested that staff look into lowering the millage rate to $6.90 and bring back their findings for consideration. Staff's findings concluded that a $0.10 mil reduction equated to roughly a decrease of $320,650 in Ad -Valorem Tax Revenue. Mr. Huff explained that the FY 2024 proposed budget would increase by 11.20% which equated to $4,183,611. Mr. Huff explained that a 2/3 vote was required to pass the millage rate and reviewed the differences between a $7.00 millage rate versus a $6.90 millage rate. Mr. Huff stated that the second reading of the millage rate and budget would take place at the next Council meeting on September 28th Minutes of the Village Council Regular Session held September 14, 2023 Page 3 of 7 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued Mayor Norris opened the public hearing on the ad valorem tax millage rate and budget. Chris Ryder, 118 Dory Road S, reviewed and expressed concerns over budget decisions that were made in FY 2021, FY 2022 and FY 2023. Mr. Ryder expressed concerns over the millage rates that were chosen in past fiscal years and the millage rate that was being proposed for FY 2024. There being no further comments from the public, Mayor Norris closed the public hearing. Councilmember Searcy stated that she was strongly opposed to lowering the millage rate from 7.0000 mils to 6.9000 mils. Councilmember Searcy stated that the lower millage rate would save taxpayers approximately $42 per household which would equate to over $300,000. The $300,000 that the Village would lose could go to the salaries for two (2) police officers. The Village just had two (2) police officers resign to start employment with the Palm Beach County Sheriffs Office who offered a higher pay rate. Additionally, the approximate $800,000 in sales tax monies that the Village receives is scheduled to conclude in 2025. President Pro Tem Aubrey discussed and explained his reasons for supporting the 6.9000 millage rate and stated that it was something to show the residents that the Village recognizes that inflation has caused a burden on finances and the Village is making a small effort to ease the burden. Vice Mayor Bickel stated that she would like to lower the millage rate but given the fact that it would only equate to approximately $42 per household per year, she was in support of keeping the millage rate at 7.0000 mils in order to hire additional police officers. Mayor Norris discussed and explained his reasons for supporting the 6.9000 millage rate. Mayor Norris stated that the Village would be receiving insurance proceeds from the tornado damages that would cover the expense for two additional police officers and the lowered millage rate would be a good effort in helping ease the financial burden of inflation for the Village's residents. Discussion ensued between Councilmembers regarding keeping the millage rate at 7.0000 mils versus lowering it to 6.9000 mils. A motion was made by Councilmember Searcy to establish an ad valorem tax millage rate of 7.0000 mils. The motion failed due to lack of a second. A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to establish an ad valorem tax millage rate of 6.9000 mils. Thereafter the motion passed with all present voting aye. Mayor Norris announced that the rolled back rate was 6.1876 mils, the percentage increase over the rolled back rate was 11.51 %, and the millage rate to be levied was 6.9000 mils. The motion to adopt on first reading Ordinance 2023-15 approving the Ad Valorem Tax Millage Rate passed with all present voting aye. The motion to adopt on first reading Ordinance 2023-16 approving the Fiscal Year 2023-2024 Annual Budget passed with all present voting aye. Minutes of the Village Council Regular Session held September 14, 2023 Page 4 of 7 CONSENT AGENDA APPROVED Councilmember Searcy 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 approving a Tenth Amendment to the Agreement for Grant Services with RMPK Funding, Inc. with a compensation for Fiscal Year 2023 that shall not exceed $20,000; and authorizing execution of the Tenth Amendment. Resolution authorizing the submission of an application for State Aid to Libraries Grant Funding; and authorizing execution of the Grant Agreement. Resolution amending Resolution No. 2022-100 to modify the purchase of police vehicles from Duval Ford to remove the purchase of one Ford Expedition at a cost of $54,424 and add the purchase of one Ford F-150 Super Crew Hybrid at a cost of $46,140 resulting in a revised total purchase price of $245,268; and authorizing the Village Manager to take all actions necessary to effectuate the purchase. Resolution approving a $10,000 increase to the Blanket Purchase Order with Tire Soles of Broward, Inc. for a total amount of $60,000 for the purchase of tires for Village Vehicles in the Public Works Department. Resolution approving a Fourth Amendment to the Contract with AK Building Services, Inc. for janitorial services to extend the term for three additional months at a total cost not to exceed $38,497.11; and authorizing execution of the Fourth Amendment. Resolution approving a proposal from Briggs Golf Construction, Inc. for re -sodding at the North Palm Beach Country Club Golf Course at a total cost of $22,650; and authorizing execution of the Contract. Receive for file Minutes of the Planning Commission meeting held 6/6/23. Receive for file Minutes of the Library Advisory Board meeting held 6/27/23. Receive for file Minutes of the Golf Advisory Board meeting held 7/10/23. Receive for file Minutes of the Recreation Advisory Board meeting held 7/11/23. Receive for file Minutes of the Planning Commission meeting held 7/11/23. Receive for file Minutes of the Library Advisory Board meeting held 7/25/23. MOTION — Approving or denying the acceptance of cash donations from the Friends of the Library in excess of $25,000 for Fiscal Year 2024 and approving or denying the solicitation of donations (sponsorships) for the Anchors Aweigh Fishing Tournament, the Halloween Festival, and Heritage Day. A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to approve the acceptance of cash donations from the Friends of the Library in excess of $25,000 for Fiscal Year 2024 and approving or denying the solicitation of donations (sponsorships) for the Anchors Aweigh Fishing Tournament, the Halloween Festival, and Heritage Day. Mr. Sherman explained that the purpose of the motion was to revise the Village's Donation Policy to allow Leisure Services to accept donations without Council approval that are valued at over $25,000 from specific organizations and events. Thereafter the motion passed with all present voting aye. Minutes of the Village Council Regular Session held September 14, 2023 Page 5 of 7 RESOLUTION 2023-75 — MASTER PLANNING CONTRACT A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to adopt Resolution 2023-75 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH TEAM PLAN, INC. TO DEVELOP A MASTER PLAN FOR OSBORNE PARK AND THE COMMUNITY CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Leisure Services Zak Sherman discussed and explained that the purpose of the resolution was to approve a contract for design services to develop a Master Plan for Osborne Park. Mr. Sherman explained that staff went through a Request for Qualifications process where three (3) firms submitted their qualification statements. A Selection Committee met and shortlisted all three (3) firms and invited each firm to give a presentation to the Council on August 10th. The Village Council selected Team Plan, Inc. as the top ranked firm and authorized staff to commence competitive negotiations with Team Plan, Inc. and to bring back a contract for Park Master Plan services. The resolution would approve a contract with Team Plan, Inc. at a cost not to exceed $60,000. John Samadi, 512 Marlin Road, expressed his concerns regarding Village Council's ranking of the firms. Thereafter the motion to adopt Resolution 2023-75 passed with all present voting aye. RESOLUTION 2023-76 — FIREHOUSE KITCHEN AND BATH RENOVATIONS CONTRACT A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt Resolution 2023-76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM STUART A. FORTUNATO INC. FOR FIREHOUSE KITCHEN AND BATHROOM RENOVATIONS AT THE PUBLIC SAFETY BUILDING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; APPROVING A BUDGET AMENDMENT TO TRANSFER $108,180 FROM THE CAPITAL RESERVE ACCOUNT TO THE PUBLIC SAFETY BUILDING — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff stated that the renovations to the Firehouse kitchens and bathrooms has been in the budget for the past six (6) years. Mr. Huff thanked Fire Chief J.D. Armstrong and Facilities Manager, James Anthony for moving the project forward and getting it done. Mr. Anthony explained that the Village issued a Request for Proposal. Three (3) proposals were received and based on the Selection Committee's review of the proposals, they chose Stuart A. Fortunato, Inc. to renovate the Firehouse kitchens and bathrooms at a cost not to exceed $108,180. Deborah Cross, 2560 Pepperwood Circle S, expressed concerns about what was included in the proposal that was chosen versus the other two (2) proposals that were submitted and wanted to be sure that the same amount of items were being included in all three (3) proposals. Minutes of the Village Council Regular Session held September 14, 2023 Page 6 of 7 RESOLUTION 2023-76 — FIREHOUSE KITCHEN AND BATH RENOVATIONS CONTRACT continued Mr. Anthony explained that all three (3) proposals were similar in the types of items and that the amount of items in each proposal were the same. Councilmember Searcy requested that someone with an interior design background would make sure that the design layout and items installed were appropriate and functional for a Firehouse. Thereafter the motion to adopt Resolution 2023-76 passed with all present voting aye. RESOLUTION 2023-77 — ADOPTING AND CERTIFYING THE NON -AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt Resolution 2023-77 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND CERTIFYING THE NON -AD VALOREM ASSESSMENT ROLL FOR THE STORMWATER MANAGEMENT UTILITY ASSESSMENT FOR PARCELS OF REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the resolution was to adopt the 2023 non -ad valorem assessment. There were no changes to the amount or methodology. The resolution would adopt and certify the non -ad valorem assessment roll for the Stormwater Management Utility Assessment for improved parcels of real property within the Village. Chris Ryder, 118 Dory Road S, expressed his concerns with Non -Ad Valorem Assessments and gave a review of what was collected in past years. Councilmember Searcy stated that the stormwater fees were not fairly charged the first year, but that Council rectified the situation by changing the fees the following year. Councilmember Searcy asked Mr. Holloway to come up and discuss projects that have been accomplished from collecting the stormwater fees. Marc Holloway, Field Operations Manager stated that several projects were either completed or underway. Mr. Holloway stated approximately 2554 linear square feet of swale repair was completed and approximately 1132 feet of stormwater pipe repair. Mr. Holloway continued by giving a brief overview of other projects that were proposed or underway. Thereafter the motion to adopt Resolution 2023-76 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Searcy stated that Council had received an email from a concerned resident regarding the use of radioactive phosphogypsum to pave roadways. This resident was requesting that Council be opposed to using this material on the Village's roadways and to write a letter to the Environmental Protection Agency. Councilmember Searcy stated that she was opposed to the material and asked Council for their thoughts on the matter. Minutes of the Village Council Regular Session held September 14, 2023 Page 7 of 7 MAYOR AND COUNCIL MATTERS/REPORTS continued Vice Mayor Bickel stated that she had meant to do research on the material but did not have a chance before the meeting. Councilmember Searcy recommended having the Environmental Committee research the material and bring back a recommendation to Council. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff thanked Mr. Samadi for bringing the information regarding the Inspector General's report and findings to their attention. Mr. Huff stated that staff was working on refining the Village's procurement process in order to be more efficient and effective in the contracts and agreements that are brought to Council for consideration. Mr. Huff announced that the Touch a Truck event would be taking place on September 23`d. Mr. Huff introduced Jennifer Cain as the Village's new Human Resource Director and welcomed her to the team. Mayor Norris welcomed Ms. Cain to the Village's team. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:01 p.m. - a Green, MMC, Village Clerk