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HomeMy WebLinkAbout09-28-2023 VC REG-MPresent: MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 28, 2023 Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Deborah Searcy, Councilmember Mark Mullinix, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: David B. Norris, Mayor ROLL CALL Vice Mayor Bickel called the meeting to order at 7:00 p.m. All members of Council were present except Mayor Norris who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Bickel gave the invocation and President Pro Tem Aubrey led the public in the Pledge. AWARDS AND RECOGNITION Vice Mayor Bickel presented a proclamation for Palm Beach State College's 90th Anniversary to Susan Del Portal, Manager of External Affairs and Stephen Joyner, Provost at Palm Beach State College. Ms. Del Portal and Mr. Joyner thanked Council for the proclamation. STATEMENTS FROM THE PUBLIC John Samadi, 512 Marlin Road, gave suggestions for the types of articles or information that should be included in the Village newsletter. Minutes of the Village Council Regular Session held September 28, 2023 Page 2 of 8 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by President Pro Tem Aubrey and seconded by Councilmember Searcy to adopt and enact on second 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 Mullinix and seconded by President Pro Tem Aubrey to adopt and enact on second 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 stated that he did not have a presentation, but instead thanked all of the Department Heads for their work and participation in putting the budget together and thanked Council for their direction and guidance. The ad valorem tax millage rate and FY 2023-2024 budget ordinances both passed on first reading at the prior Council meeting. The millage rate was lowered from 7.0000 mils to 6.9000 mils. Vice Mayor Bickel opened the public hearing on the ad valorem tax millage rate and budget. There being no comments from the public, Vice Mayor Bickel closed the public hearing. Councilmember Mullinix expressed his concerns with the budget and recommended lowering the budget and millage rate for the next budget year cycle. President Pro Tem Aubrey stated that he regrets that there was an increase that would cost residents a little more, but due to inflation, everything has gone up in price. It was also imperative to maintain competitive pay rates in order to keep the Village maintained and properly staffed. Minutes of the Village Council Regular Session held September 28, 2023 Page 3 of 8 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued Vice Mayor Bickel 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 and enact on second reading Ordinance 2023-15 approving the Ad Valorem Tax Millage Rate passed with all present voting aye. The motion to adopt and enact on second reading Ordinance 2023-16 approving the Fiscal Year 2023-2024 Annual Budget passed with all present voting aye. ORDINANCE 2023-17 —CODE AMENDMENT — R1 SINGLE FAMILY DWELLING DISTRICT — REMOVING REGULATIONS RELATING TO VOLUME AND MASSING OF TWO-STORY SINGLE FAMILY DWELLINGS AND ADDING A GUIDANCE STATEMENT A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt on first reading Ordinance 2023-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES TO RECOGNIZE THE STATE PREEMPTION OF PORTIONS OF ORDINANCE NO. 2022-18; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," TO REMOVE REGULATIONS RELATING TO THE VOLUME AND MASSING OF TWO-STORY SINGLE-FAMILY DWELLINGS AND TO ADD A GUIDANCE STATEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Rubin explained the purpose of the code amendment. Through the enactment of Florida Senate Bill 250, the Florida Legislature prohibited the Village from proposing more restrictive or burdensome amendments to its land development regulations retroactive to September 28, 2022. The legislation declared any such amendments void ab initio or of no force and effect as of the date of adoption. Mr. Rubin explained that after staff brought Senate Bill 250 to Council's attention, Council recognized the preemption provisions. In conjunction with a repeal of the preempted provisions, Council directed staff to include a guidance statement encouraging property owners to use the former regulations as guidelines when constructing substantially altering two- story single-family dwellings. The Village Council further indicated that they would like to readopt the regulations upon expiration of the preemption provision of Senate Bill 250 on October 1, 2024. Vice Mayor Bickel opened the public hearing. John Samadi, 512 Marlin Road, expressed his concerns regarding the language in the proposed code amendment and gave alternative methods of creating language for the amendment. Thereafter, the motion to adopt on first reading Ordinance 2023-17 passed with all present voting aye. Minutes of the Village Council Regular Session held September 28, 2023 Page 4 of 8 ORDINANCE 2023-18 — CODE AMENDMENT — CREATE PLANNING, ZONING AND ADJUSTMENT BOARD A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt on first reading Ordinance 2023-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21, "PLANNING AND DEVELOPMENT," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "PLANNING COMMISSION," TO CREATE A PLANNING, ZONING AND ADJUSTMENT BOARD AND REPEALING ARTICLE III, "BOARD OF ADJUSTMENT," IN ITS ENTIRETY; AMENDING ARTICLE VI, "REZONING, VARIANCES AND WAIVERS," OF CHAPTER 45 (APPENDIX C), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45- 50, "VARIANCES," TO PROVIDE PROCEDURES FOR VARIANCES AND ADOPTING A NEW SECTION 45-52, "ADMINISTRATIVE APPEALS;" REPLACING ALL VILLAGE CODE REFERENCES TO THE PLANNING COMMISSION WITH THE PLANNING, ZONING AND ADJUSTMENT BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Community Development Director Caryn Gardner -Young explained the purpose of the code amendment. Mrs. Gardner -Young explained that the amendment would officially combine the Planning Commission with the Planning & Zoning Board of Adjustments, which would require a name change and deletion of any reference to Board of Adjustment. Additionally, the amendment would combine the variance process into one section, streamline the development process, place burden of proof on applicants, provide a one (1) year expiration for variance if no action is take and clarifies the administrative appeal process. Mrs. Gardner -Young explained that staff performed an analysis of the code amendment and determined that it was consistent with the Comprehensive Plan's Future Land Use Element and Housing Element. The amendment was also consistent with the code of ordinances by promoting the economic health of the Village and ensuring that Departments operations were efficient and effective. Thereafter, the motion to adopt on first reading Ordinance 2023-18 passed with all present voting aye. ORDINANCE 2023-19 — CHANGING THE DATE OF THE MARCH 2024 GENERAL ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt on first reading Ordinance 2023-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CHANGING THE DATE OF THE MARCH 2024 GENERAL ELECTION TO COINCIDE WITH THE STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY; ESTABLISHING THE DATES FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING FOR AN ADDITIONAL QUALIFYING PERIOD FOR VACANCIES ARISING AFTER INITIAL QUALIFYING PERIOD; PROVIDING FOR TRANSMITTAL TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held September 28, 2023 Page 5 of 8 ORDINANCE 2023-19 — CHANGING THE DATE OF THE MARCH 2024 GENERAL ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD continued Mr. Rubin explained that the date of the Village's municipal election has to be changed every four (4) years due to the Presidential Preference Primary. The Supervisor of Elections and voting equipment would not be available on the Village's scheduled municipal election, therefore necessitating the date change. The date of the Presidential Preference Primary is scheduled for March 19, 2024, which is one week later than the Village's scheduled election of March 12, 2024. Additionally, due to concerns, regarding legislation passed that requires elected officials to file Form 6, the ordinance would provide for an additional qualifying period in the case that a Councilmember resigns after the initial qualifying period. The additional qualifying period would take place between January 4, 2024 and January 11, 2024 in order for the Supervisor of Elections to receive ballot language no later than January 12, 2024. Vice Mayor Bickel opened the public hearing. There being no comments from the public, Vice Mayor Bickel closed the public hearing. Discussion ensued between Mr. Rubin and Councilmembers. Thereafter, the motion to adopt on first reading Ordinance 2023-19 passed with all present voting aye. 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 approving a Blanket Purchase Order with Baker and Taylor, LLC in an amount not to exceed $60,552 for Village Library books. Resolution approving a Blanket Purchase Order with Bibliotheca, LLC in an amount not to exceed $27,000 for Village Library access to electronic books and audiobooks. Resolution approving a Blanket Purchase Order in the amount of $30,000 for the Leisure Services Department with Ani Con Services, LLC for plumbing services. Resolution approving a Proposal from March Management Systems, LLC for Pond Bank Stabilization at the North Palm Beach Country Club Golf Course at a total cost of $50,000; authorizing execution of a Contract; and waiving the Village's purchasing policies and procedures. Resolution appointing the Village's Representative and Alternative Representative to the Public Risk Management of Florida ("PRM") Board of Directors. RESOLUTION 2023-83 — JULY 4TH FIREWORKS DISPLAY CONTRACT A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt Resolution 2023-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL OF STARFIRE CORPORATION TO PROVIDE THE JULY 4TH FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held September 28, 2023 Page 6 of 8 RESOLUTION 2023-83 — JULY 4TH FIREWORKS DISPLAY CONTRACT continued Director of Leisure Services Zak Sherman explained that a Request for Proposals was advertised and only one (1) proposal was submitted from Starfire Corporation. Mr. Sherman stated that Starfire Corporation has provided the Village's July 4th fireworks display in past years. Mr. Sherman gave an overview of the fireworks provided in the proposal and stated that the contract was for three years and the cost was the same as last year. Discussion ensued between Mr. Sherman and Councilmembers regarding the fireworks display and the locations of fireworks displays at the Country Club, and the possibility of incorporating a drone show for future July 4th events. Thereafter the motion to adopt Resolution 2023-83 passed with all present voting aye. RESOLUTION 2023-84 — AGREEMENT FOR CANAL DREDGING SERVICES A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt Resolution 2023-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF COSTON MARINE SERVICES, INC. FOR CANAL DREDGING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Public Works Director Jamie Mount explained that the purpose of the resolution was to enter into a contract with Coston Marine Services, Inc. to provide canal dredging services for the existing canal located between Atlantic Road and Ebbtide Drive, and for disposal of the dredged material. Mr. Mount explained why the dredging was necessary. Staff recommended moving forward with Coston Marine Services, Inc. to provide the canal dredging at a total cost of $70,350 with a project contingency of $7,035. Vice Mayor Bickel stated that the Waterways Board has expressed concern that canal dredging could cause seawall damage. Mr. Mount stated that the dredging would not affect any existing docks or seawalls. Thereafter the motion to adopt Resolution 2023-84 passed with all present voting aye. RESOLUTION 2023-85 — AMENDMENT TO FEE CONTRACT FOR LIEN FORECLOSURE SERVICES A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to adopt Resolution 2023-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE EXISTING FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR LIEN FORECLOSURE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; AUTHORIZING THE FORECLOSURE OF EXISTING LIENS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held September 28, 2023 Page 7 of 8 RESOLUTION 2023-85 — AMENDMENT TO FEE CONTRACT FOR LIEN FORECLOSURE SERVICES continued Mr. Rubin explained that the Village was ready to foreclose on two properties with existing liens. Staff reached out to the law firm that the Village contracted with since 2020 for foreclosure services. The law firm indicated that their fee for foreclosure services would need to be increased to $250 per hour in order to be consistent with the rate that they were charging other municipalities for the same services. Mr. Rubin indicated that since reaching out to the law firm, one of the two properties came in and paid their lien and therefore would not be foreclosed. The other property was still on schedule to be submitted for foreclosure proceedings. Discussion ensued between Mr. Rubin and Councilmembers regarding the property that paid off their lien. Thereafter the motion to adopt Resolution 2023-85 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix announced that it was his son's birthday and that his son was attending the United States Marine Corp Candidate School and was named the platoon leader for his platoon. Councilmember Mullinix stated that he and his wife were very proud of their son. Councilmember Searcy thanked staff for another successful "Touch -a -Truck" event. Vice Mayor Bickel asked if there were any boards and committees vacancies. Mr. Huff stated that there were approximately four (4) boards and committees vacancies forthcoming. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff complemented staff for their work on the "Touch -a -Truck" event and stated that it was a very successful event with many people in attendance. Mr. Huff stated that Mrs. Gardner -Young had a request regarding an initiative that she was working on with the Business Development Board. Mrs. Gardner -Young stated that the Business Development Board would be sending out a survey asking municipalities if the Village was willing to allow them to use the Village's logo in a survey that they were going to send out. Council came to consensus to allow the Business Development Board to use the Village's logo in their survey. Mr. Huff announced that as of October 1st, Samia Janjua would be the new Deputy Village Manager. Council congratulated Mrs. Janjua on her promotion to Deputy Village Manager. Minutes of the Village Council Regular Session held September 28, 2023 Page 8 of 8 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:54 p.m. JesssGreen, MMC, Village Clerk