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12-10-2020 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 10, 2020 Present: Susan Bickel., Mayor Mark Mullinix, Vice Mayor David B. Norris, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Deborah Searcy, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Vice Mayor Mullinix called the meeting to order at 7:30 p.m. All members of Council were physically present except for Mayor Bickel who attended the meeting virtually. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Mullinix gave the invocation and President Pro Tem Norris led the public in the Pledge. Mayor Bickel addressed the public and stated that she was attending by virtual means since she was diagnosed with and recovering from Covid-19. APPROVAL OF MINUTES The Minutes of the Regular Session held November 12, 2020 were approved as written. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Vice Mayor Mullinix read into the record a public comment received from Nicole Roesch, 2923 Hinda Road. In her comment, Ms. Roesch expressed her concerns regarding the proposed Planned Unit Development at the northeast corner of Richard Road and Alternate AlA. Ms. Rosech's concerns were pollution to wild life and limiting healthy food choices for residents. Vice Mayor Mullinix read into the record a public comment received from Joan Parsons, 821 Dogwood Road. In her comment, Ms. Parsons expressed concern that her late husband, Kelly Parsons did not receive recognition for his years of service to the Village. These residents addressed the Council regarding their concerns about the proposed Planned Unit Development at the northeast corner of Richard Road and Alternate AIA: Karen Phillips, 2720 Hinda Road Gene Gatyas, 2885 Hinda Road James Jarvis, 2720 Hinda Road Theresa Cleary, 2781 Hinda Road Aaron Jarvis, 2720 Hinda Road Lauren Jarvis, 2720 Hinda Road Minutes of Village Council Meeting held December 10, 2020 Page 2 of 10 ORDINANCE 2020-28 CODE AMENDMENT — BOATS AND RECREATIONAL VEHICLES A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt on first reading Ordinance 2020-28 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING ARTICLE III, "STOPPING, STANDING AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-35, "BOATS AND BOAT TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN THE R-1 AND R-2 RESIDENTIAL ZONING DISTRICTS," AND SECTION 18-35.1, "RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS," TO MODIFY THE LOADING AND SCREENING REQUIREMENTS, ALLOW FOR PERIODIC UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE SPECIAL EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL EXCEPTION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik gave a presentation that explained the revisions to the boat and recreational vehicles ordinance. Mr. Lukasik discussed and explained that the amendments would afford current equipment owners with flexible standards to store their equipment, avoid negative impacts of storing large equipment in the setbacks to adjacent properties and grandfather existing residents with equipment who adhere to historic standards for height and length of equipment. Mr. Lukasik discussed and explained the changes to the ordinance which included a Dimensional Exception process, modified screening standards and increased loading and unloading time, restoration of past utility connection regulations. There were no changes to the tie down requirements. There was no change to the height and length requirements for boats. Height and length of recreational vehicles would remain at historical 10' height and 30' length. Boats and recreational vehicles measuring more than the height requirements would be able to apply for a Dimensional Exception. Mr. Lukasik reviewed the Dimensional Exception criteria and process. Mr. Lukasik reviewed the proposed amendments to the screening requirements which included permitting screening of equipment by use of existing landscaping on adjacent properties, exempting mechanical equipment on top of a recreational vehicle, changing "opaque" to "90% opaque", eliminating the full screening requirement at ingress/egress and require no less than a 6' gate up to 20'wide. Mr. Lukasik reviewed and explained the proposed amendments to parking in the front yard and utility connections which included 24 hours for loading and unloading, limiting parking to 4 times in a 14 - day period and allowing utility connections periodically to maintain equipment. Vice Mayor Mullinix read into the record a public comment received from Kathy Baummier, 909 Eucalyptus Road. In her comment, Ms. Baummier expressed concern with the proposed amendments to the boats and recreational vehicles ordinance. Ms. Baummier was concerned with the size restrictions and grandfathering for existing recreational vehicle owners. Mr. Lukasik stated that the line of sight language which was originally proposed to be eliminated from the code would be inserted back into the code. Discussion ensued between the Councilmembers regarding the proposed amendments to the boat and recreational vehicles ordinance. Minutes of Village Council Meeting held December 10, 2020 Page 3 of 10 ORDINANCE 2020-28 CODE AMENDMENT — BOATS AND RECREATIONAL VEHICLES continued Thereafter, the motion to adopt on first reading Ordinance 2020-28 passed 4 to 1 with Vice Mayor Mullinix voting nay. PUBLIC HEARING AND SECOND READINIG OF ORDINANCE 2020-22 CODE AMENDMENT — GENERAL EMPLOYEE RETIREMENT FUND A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," DIVISION 3, "PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-146.1, "CREATION OF PLAN AND TRUST," TO PROVIDE FOR THE ADOPTION OF A POLICY TO MAINTAIN THE TAX QUALIFIED STATUS OF THE PLAN AND SECTION 156, "MISCELLANEOUS," TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION AGE FROM SEVENTY AND ONE-HALF TO SEVENTY-TWO; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the reason for the ordinance. Mr. Rubin stated that the plan needed to be amended in order to implement recent amendments to the Internal Revenue Code relating to minimum distribution age. Thereafter, the motion to adopt and enact on second reading Ordinance 2020-22 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCES — REZONING COMMERCIAL PROPERTIES ORDINANCE 2020-23 A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2020-23 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING EIGHT PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF LAKE CIRCLE AND WEST OF SOUTHWIND DRIVE TOTALING APPROXIMATELY 2.668 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held December 10, 2020 Page 4 of 10 ORDINANCE 2020-24 A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt and enact on second Ordinance 2020-24 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-25 A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt and enact on second reading Ordinance 2020-25 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE) TOTALING APPROXIMATELY 11.80 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -IA LIMITED COMMERCIAL DISTRICT TO THE C -S SHOPPING COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 2020-26 A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2020-26 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE (872 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.20 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -1A LIMITED COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that there were four remaining re -zonings necessary to implement the new land development regulations. Mr. Rubin stated that two of the re -zonings were larger than 10 acres and required special noticing, one of the re -zonings needed to have confirmation of its current zoning classification. Thereafter, the motions to adopt and enact on second reading Ordinances 2020-23 through 2020- 26 passed unanimously. Minutes of Village Council Meeting held December 10, 2020 Page 5 of 10 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-27 CODE AMENDMENT — CREATING A PLANNED UNIT DEVELOPMENT A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting scheduled for January 28, 2021. Thereafter, the motion to postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting scheduled for January 28, 2021 passed unanimously. CONSENT AGENDA Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Norris seconded the motion which passed unanimously. The following items were approved: Motion to grant a merit increase of 4.5% to the Village Clerk based upon the averaged score of the performance evaluations and directing Village to process same. Resolution — Approving a Contract with Synovia Solutions LLC for GPS Fleet Management Services for a three-year term at a total annual cost of $10.218.36 ($30,655.08 over the term of the Contract); and authorizing the Village Manager to execute the Contract. Resolution — Approving a blanket purchase order with Flying Scot, Inc. in an amount not to exceed $50,000 for sidewalk removal and replacement. Resolution — Approving an Interlocal Agreement with Palm Beach County for Participation in the Municipal CARES Act Reimbursement Program; and authorizing execution of the Agreement. Resolution — Amending Resolution 2020-17 and modifying the Deputy Police Chief's compensation. Resolution — Approving an Assignment of the Legal Services Agreement with Leonard G. Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. to Torcivia, Donlon, Goddeau & Rubin, P.A.; and authorizing execution of the Assignment. Receive for file Minutes of the Planning Commission meeting held 10/6/20. Receive for file Minutes of the Recreation Advisory Board meeting held 10/13/20. Receive for file Minutes of the Environmental Committee meeting held 10/19/20. Receive for file Minutes of the Environmental Committee meeting held 11/23/20: Receive for file Minutes of the Library Advisory Board meeting held 11/24/20. RESOLUTION 2020-83 — ELECTION SERVICES AGREEMENT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held December 10, 2020 Page 6 of 10 RESOLUTION 2020-83 — ELECTION SERVICES AGREEMENT continued Village Clerk Jessica Green explained that the Election Services Agreement presented by the Supervisor of Elections provided the option of either not utilizing vote -by -mail services or to pay the Supervisor of Elections for vote -by -mail services. Mrs. Green also gave an estimated cost for the 2021 Municipal Election based on the example of fees that were provided by the Supervisor of Elections. Mrs. Green explained that there may be additional costs such as printing rush fees and staff overtime to the Village for the 2021 election due to the timing of its qualifying period which ends on January 12, 2021. The Supervisor of Elections did not provide an estimation of the additional costs. The Council came to consensus and chose the option of utilizing and paying the Supervisor of Elections for vote -by -mail services in the 2021 Municipal Election Services Agreement. Thereafter, the motion to adopt Resolution 2020-83 passed unanimously. RESOLUTION — SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH GENERAL ELECTION BALLOT A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to approve a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM ON THE MARCH GENERAL ELECTION BALLOT A STRAW POLL ON THE U.S. HIGHWAY ONE LANE REPURPOSING PROJECT; PROVIDING FOR THE FORM OF THE QUESTION; PROVIDING FOR A BALLOT TITLE AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Mullinix read into the record a public comment received from Jonathan Haigh, 401 Flotilla Road. In his comment, Mr. Haigh recommended that Council support the U.S. Highway 1 Lane Repurposing Project and to not allow the issue to go to referendum as a non-binding straw poll. Vice Mayor Mullinix read into the record a public comment received from Marshall Gillespie, 731 Buoy Road. In his comment, Mr. Gillespie expressed his support of the U.S. Highway 1 Lane Repurposing Project and recommended not sending the issue to referendum. Vice Mayor Mullinix read into the record a public comment received from Nathan Kennedy, 828 Anchorage Drive. In his comment, Mr. Kennedy expressed his concerns on sending the U.S. Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with the lane repurposing of U.S. Highway 1. Vice Mayor Mullinix read into the record a public comment received from Meghan Hurley, 628 Kingfish Road. In her comment, Ms. Hurley expressed her concerns on sending the U.S. Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with the lane repurposing of U.S. Highway 1. Minutes of Village Council Meeting held December 10, 2020 Page 7 of 10 RESOLUTION — SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH GENERAL ELECTION BALLOT continued Vice Mayor Mullinix read into the record a public comment received from Donald Solodar, 100 Lakeshore Drive. In his comment, Mr. Solodar expressed his support for placing a non-binding straw poll referendum question on the March election ballot for the U.S. Highway 1 Lane Repurposing Project. Mr. McLeskey of 112 Nativa Circle expressed his concerns with the U.S. Highway 1 Lane Repurposing Project. John Frerking, 130 Cruiser Road South, expressed his concerns with how the public has been informed about the U.S. Highway 1 Lane Repurposing Project. Mr. Frerking gave recommendations on how the public should be informed about the project. Councilmember Aubrey recommended using a better education process for the public to be informed about the U.S. Highway 1 Lane Repurposing Project. President Pro Tem Norris recommended delaying the project if possible so that Council and the public can make an informed decision. Discussion ensued between Council regarding the proposed U.S. Highway 1 Lane Repurposing Project and whether to have a straw poll referendum placed on the March election ballot. Thereafter, the motion to adopt the Resolution failed 4 to 1 with Mayor Bickel, President Pro Tem Norris, Councilmember Aubrey and Councilmember Searcy voting nay and Vice Mayor Mullinix voting aye. RESOLUTION 2020-84 — INTENT TO UTILIZE THE UNIFORM METHOD FOR COLLECTING NON -AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, STATING THE VILLAGE'S INTENTION TO USE THE UNIFORM METHOD OF COLLECTION FOR THE NON -AD VALOREM ASSESSMENTS TO BE LEVIED BY THE VILLAGE FOR THE COLLECTION OF STORMWATER UTILITY FEES PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, BY COLLECTING THE ANNUAL SPECIAL ASSESSMENTS THROUGH THE ANNUAL TAX BILL OF THE PALM BEACH COUNTY TAX COLLECTOR; STATING THE NEED FOR THE LEVY OF THE ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING OF A COPY OF THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER, THE PALM BEACH COUNTY TAX COLLECTOR, AND THE STATE OF FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Minutes of Village Council Meeting held December 10, 2020 Page 8 of 10 RESOLUTION 2020-84 — INTENT TO UTILIZE THE UNIFORM METHOD FOR COLLECTING NON -AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES continued Public Works Director Steven Hallock discussed and explained the history and purpose behind the resolution. Mr. Hallock explained the necessity for the establishment of a stormwater fee structure to fund stormwater activities and improvements within the Village. Rob Taylor from Hazen & Sawyer, P.C. gave a presentation that reviewed fee structure and billing alternatives for stormwater utility fees. Thereafter, the motion to adopt Resolution 2020-84 passed unanimously. RESOLUTION 2020-85 — CODE ENFORCEMENT LIEN FORECLOSURE SERVICES CONTRACT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR CODE ENFORCEMENT LIEN FORECLOSURES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the Village had approximately 3.8 million dollars in outstanding Code Enforcement Liens. The Village has not been aggressive in foreclosing on properties with liens. The Village would focus on foreclosing on commercial properties since it is legally prohibited to foreclose on residential homestead properties. Mr. Rubin stated that the Law Firm of Goren, Cherof, Doody and Ezrol, P.A. previously represented the Village in labor matters and is offering a very reasonable rate for providing foreclosure services. Discussion ensued between Council, Mr. Rubin and staff regarding foreclosing properties within the Village. Thereafter, the motion to adopt Resolution 2020-85 passed unanimously. RESOLUTION 2020-86 — AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt Resolution 2020-86 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW FOR METES AND BOUNDS SUBDIVISION OF THE PROPERTY INTO THREE PARCELS AND PROVIDE FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Meeting held December 10, 2020 Page 9 of 10 RESOLUTION 2020-86 — AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT continued Community Development Director Jeremy Hubsch stated that the applicant, Pearland RJR LLC was seeking approval to subdivide the property into three separate parcels via metes and bounds subdivision. Attorney Rubin explained that the subdivision proposes to create Parcel 1 which would be comprised of the one-story retail building that is located between Golfview Road and US Highway 1, along with most of the surface parking adjacent to US Highway l; Parcel 2 which would consist of the Cod & Capers building and immediately adjacent surface parking along US Highway 1, and Parcel 3 which would include the four-story office building, parking garage, and surface parking located adjacent to the back corner of the property between Golfview Road and McLaren Road. Mr. Rubin stated that there were three conditions in the proposed resolution. The conditions were to provide a Unity of Control document for the Village Attorney and the Community Development Director approval prior to conveying any of the parcels to a third party, requirement of joint maintenance by all property owners of common areas and reciprocal easements and that any modifications to the CPUD be done with the consent of all property owners making them jointly liable for any violations of the CPDD conditions of approval or violations of the Village Code relating to the common areas. President Pro Tem Norris declared a voting conflict and did not participate in the discussion or vote. Mayor Bickel expressed concerns over subdividing the property and the possible ramifications. Discussion ensued between Council, Mr. Rubin and staff regarding the proposed subdivision. Simeon Davis, on behalf of the property owners, stated that the proposed subdivision would better facilitate the Village's implementation of their Master Plan. Thereafter, the motion to adopt Resolution 2020-86 passed 4 to 0. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Aubrey recommended changing the Village code to allow the Mayor the ability to secede in the event of a state of emergency. Mayor Bickel recommended keeping a councilmember in the position of Mayor for two years instead of one, especially during a large project such as the new clubhouse. Vice Mayor Mullinix stated that any of the councilmembers who were sitting in the position of Vice Mayor or President Pro Tem would be qualified and sufficient to step into the position of Mayor in the event of an emergency. Vice Mayor Mullinix stated that he did not recommend changing that tradition. President Pro Tem Norris agreed with keeping tradition with regards to secession of the Mayor in event of an emergency, but would consider changing the tradition. Councilmember Searcy recommended creating a process for secession of the Mayor in the event of an emergency. Minutes of Village Council Meeting held December 10, 2020 Page 10 of 10 MAYOR AND COUNCIL MATTERS/REPORTS continued Councilmember Aubrey stated that he had received complaints from residents regarding the parking of unmarked or unnamed utility trailers in driveways 24 hours, 7 days a week. Councilmember Aubrey recommended revisiting and revising the Village code with regards to those types of utility trailers. Councilmember Searcy expressed congratulations for the Country Club and Golf Course being designated as a destination in BoardRoom magazine and to Farmer's Table for being considered a Golden Spoon restaurant in the State of Florida. Councilmember Searcy commended Village staff for continuing to provide excellent service and being innovative through the Covid-19 pandemic. President Pro Tem Norris recognized the holiday lighting and decorations throughout the Village and also commended and thanked Village staff for their hard work and dedication through the Covid-19 pandemic. Mayor Bickel stated that the City of Riviera Beach had begun efforts to remove derelict boats from the Intracoastal Waterway. Mayor Bickel recommended the Village research the possibility of having managed mooring fields in its waterway to prevent transient and derelict boats and to protect the Village's waters. Mayor Bickel requested that the Waterways Board research the process and implementation of managed mooring fields. Attorney Rubin stated that prevention of transient and derelict boats could only be done within mooring fields and that he would research the process and inform Council of his findings. Vice Mayor Mullinix wished Pat Friedman a Happy Birthday and requested a letter of commendation for Jack and Barbara Nicklaus. Vice Mayor Mullinix thanked Fire Chief J.D. Armstrong and the Fire Rescue Department for their assistance with his mother who had recently experienced a heart attack. Vice Mayor Mullinix that his mother was doing well and recovering after having surgery. Vice Mayor Mullinix wished everyone a Happy Hanukah and Merry Christmas. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:49 p.m. JUsiaGreen, MMC, Village Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE orris David B. Village Council of the Village of North Palm Beach 1G ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 5u1 U.S. Highway 1 WHICH I SERVE ISA UNIT OF: I( CITY ❑ COUNTY ❑ OTHER LOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm Beach Palm Beach Village of North Palm BeachMY DATE ON WHICH VOTE OCCURRED POSITION IS: al' ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. VOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE .N: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST David B. Norris hereby ZQf- cl, , I, ereb disclose that on 20 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate,' inured to the special gain or loss of my relative inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 4 �2'Z° Com-" ' U , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSUI CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMEI\,_ REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(0, F.A.C.