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HomeMy WebLinkAbout10-12-2023 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 12, 2023 David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Mark Mullinix, Councilmember Deborah Searcy, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present. 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. APPROVAL OF MINUTES The Minutes of the Regular Session held September 28, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Chris Ryder, 118 Dory Road S, expressed concern over the approval of an agreement for canal dredging and its funding source. Mr. Ryder expressed his concerns regarding stormwater fees charged to residents and concerns regarding zoning code and Comprehensive Plan changes that related to the proposed Twin Cities Mall site project and the proposed 200 Yacht Club project. CONSENT AGENDA APPROVED President Pro Tem Aubrey moved to approve the Consent Agenda. Councilmember Mullinix seconded the motion, which passed unanimously. The following items were approved: Motion approving the suspension of the 11/23/23 and 12/28/23 Council meetings in observance of national holidays. Resolution authorizing the Village Manager and the Village Clerk to execute all documents required to effectuate transactions involving Village vehicles. Minutes of the Village Council Regular Session held October 12, 2023 Page 2 of 7 CONSENT AGENDA APPROVED continued Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2024 Budget to revise the pay grade for the position of Building Official. Receive for file Minutes of the Residential Ad -Hoc Committee meeting held 7/25/22. Receive for file Minutes of the Residential Ad -Hoc Committee meeting held 8/23/22. Receive for file Minutes of the Business Advisory Board meeting held 7/18/23. Receive for file Minutes of the Waterways Advisory Board meeting held 7/25/23. Receive for file Minutes of the Planning Commission meeting held 8/1/23. Receive for file Minutes of the Recreation Advisory Board meeting held 8/8/23. Receive for file Minutes of the Business Advisory Board meeting held 8/15/23. Receive for file Minutes of the Library Advisory Board meeting held 8/22/23. DECLARATION OF EX PARTE COMMUNICATIONS Mayor Norris and Councilmember Searcy declared ex-parte communication with Mr. Desano regarding the Minor Amendment to the Memory Care Commercial Planned Unit Development. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF 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 President Pro Tem Aubrey to adopt and enact on second 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 that 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 the code amendment would repeal the preempted provisions. Minutes of the Village Council Regular Session held October 12, 2023 Page 3 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-17 — CODE AMENDMENT — RI SINGLE FAMILY DWELLING DISTRICT — REMOVING REGULATIONS RELATING TO VOLUME AND MASSING OF TWO-STORY SINGLE FAMILY DWELLINGS AND ADDING A GUIDANCE STATEMENT continued In conjunction with a repeal of the preempted provisions, a guidance statement encouraging property owners to use the former regulations as guidelines when constructing substantially altering two-story single-family dwellings would be included. The regulations would be re- adopted upon expiration of the preemption provision of Senate Bill 250 on October 1, 2024. The ordinance passed on first reading at the last Council meeting. Mayor Norris opened the public hearing. Chris Ryder, 118 Dory Road S, stated that zoning code changes could have taken place back in 2016 that would have restricted the volume and massing of two-story single-family dwellings. There being no further comments from the public, Mayor Norris closed the public hearing. Councilmembers expressed that they were not happy about repealing the preempted provisions in the ordinance but were statutorily required to do so. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-17 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-18 — CODE AMENDMENT — CREATE PLANNING, ZONING AND ADJUSTMENT BOARD A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt and enact on second 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. Mr. Rubin explained the purpose of the code amendment. 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. Minutes of the Village Council Regular Session held October 12, 2023 Page 4 of 7 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-18 — CODE AMENDMENT — CREATE PLANNING, ZONING AND ADJUSTMENT BOARD 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 2023-18 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-19 — CHANGING THE DA 1E OF THE MARCH 2024 GENERAL ELECTION AND PROVIDE FOR AN ADDITIONAL QUALIFYING PERIOD A motion was made by President Pro Tem Aubrey and seconded by Vice Mayor Bickel to adopt and enact on second 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. Mr. Rubin explained that the date of the Village's municipal election had 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. Mr. Rubin stated that he amended the ordinance after its first reading by adding language to allow candidates to qualify during the additional qualifying period in the event all candidates for a particular seat withdraw after the close of the initial qualifying period. 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 2023-19 passed unanimously. Minutes of the Village Council Regular Session held October 12, 2023 Page 5 of 7 RESOLUTION 2023-88 — MINOR PUD AMENDMENT A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to adopt Resolution 2023-88 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE MEMORY CARE COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE INSTALLATION OF A PASS - THROUGH WINDOW CONSISTING OF A THREE PANEL GLASS PANE GARAGE DOOR ON THE NORTH SIDE OF THE COMMERCIAL OUTPARCEL BUILDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that an application had been submitted for a minor amendment to the Memory Care Commercial Planned Unit Development for the installation of a pass -through window consisting of a three -panel glass pane garage door on the north side of the commercial outparcel building. Mr. Huff explained that pursuant to Ordinance 2017-07, the Village Council may approve minor modifications to the CPUD by resolution without the necessity of review by the Planning Commission. Mr. Huff stated that Mr. Desano of Desano's Pizzeria, Butch Collins who was representing Mr. Desano and Zach Ciciera from Cotleur & Hearing were present if Council should have any questions. Vice Mayor Bickel asked if there was a rendering of what the proposed pass -through window would look like. Mr. Ciciera presented a slide that depicted the rendering of the proposed pass -through window. Discussion ensued between Councilmembers, Mr. Ciciera and Mr. Desano. Thereafter the motion to adopt Resolution 2023-88 passed unanimously. RESOLUTION 2023-89 — COUNTRY CLUB TENNIS CENTER FENCING CONTRACT A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt Resolution 2023-89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM DANIELS FENCE CORP FOR THE REMOVAL, DISPOSAL AND REPLACEMENT OF FENCING AT THE NORTH PALM BEACH COUNTRY CLUB TENNIS CENTER PURSUANT TO PRICING ESTABLISHED IN AN EXISTING MARTIN COUNTY AGREEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Country Club General Manager Beth Davis explained that the Tennis Center fencing at the Country Club was over twenty-five (25) years old and structurally obsolete. All of the main support posts have rusted throughout causing the top and bottom rails to sag which resulted in rails and mesh impending on the court surface, which has had negative impacts on drainage. Three quotes were obtained to replace the fencing. Ms. Davis requested approval to accept the proposal submitted by Daniels Fence Corporation for the purchase, removal and disposal of the existing fence, and installation of a new fence and gates at a total cost of $235,890. Minutes of the Village Council Regular Session held October 12, 2023 Page 6 of 7 RESOLUTION 2023-89 — COUNTRY CLUB TENNIS CENTER FENCING CONTRACT continued Although the two additional quotes obtained were lower in cost, one excluded the removal and disposal costs and the other charged administration fees. Staff recommended moving forward with Daniels Fence Corporation due to their providing removal and disposal of the existing fence and installation of new fence with minimal damage to the existing tennis courts. Discussion ensued between Councilmembers and Ms. Davis regarding the proposed removal and installation of fencing at the Tennis Center. Thereafter the motion to adopt Resolution 2023-89 passed unanimously. RESOLUTION 2023-90 — GOLF CART PATH CONCRETE WORK PROJECT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt Resolution 2023-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH DRIVE ON CART PATH SYS l'EMS, LLC FOR CONCRETE CART PATH CURBING, EXTENSION, AND PANEL REPLACEMENT AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING EXECUTION OF THE CONTRACT; WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained that staff was requesting to accept a proposal from Drive On Cart Path Systems who has performed other concrete work at the Country Club to perform the concrete cart path curbing and panel replacement. Staff attempted to obtain unit pricing from other companies but was unable to identify another company willing to perform the work under the same terms and conditions. Although, the Village did receive a quote from Flying Scot, Inc. that quote required the use of Village "dump buggies" that are owned by Brightview Golf Maintenance. Staff was requesting a waiver of the Village's purchasing policies and procedures in order to proceed with Drive On Cart Path Systems. Thereafter the motion to adopt Resolution 2023-90 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Bickel stated that it was time for Council to review the definition of Mixed Use Development. Vice Mayor Bickel stated she would not be able to attend the next Council meeting on October 26 because she will be at a work meeting in Kansas City. Vice Mayor Bickel asked if Council wanted to discuss the proposal of annexing property into the Village. Discussion ensued between Mr. Huff, Mr. Rubin and Councilmembers regarding whether to have a workshop regarding annexation and whether to move forward with steps toward accomplishing a voluntary or involuntary annexation. Council came to consensus to have a Special Council Meeting on October 17, 2023 at 7 p.m. to discuss and take possible action on moving forward with an annexation. Minutes of the Village Council Regular Session held October 12, 2023 Page 7 of 7 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:50 p.m. �.t Jesa Green, MMC, Village Clerk