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04-14-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 14, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk IMIUKKNAMI Mayor Searcy called the meeting to order at 7:00 p.m. All members of Council were physically present except for Councilmember Bickel who attended via internet connection. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held March 24, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Diane Smith, 37 Yacht Club Drive, expressed her concerns with the proposed 200 Yacht Club Drive Planned Unit Development. Bob Starkie, 36 Yacht Club Drive, expressed his concerns with the density allowance for the proposed 200 Yacht Club Drive Planned Unit Development. Mr. Starkie asked Council when the issue would be addressed. Mr. Starkie also stated that the Lighthouse Bridge needed to be repaired. Chris Ryder, 118 Dory Road S, expressed his concerns with a proposed project at the Anchorage Park north canal that was contradictory to the scope of work for engineering and design services that was approved through Resolution 2020-64. Mr. Ryder also expressed his concerns with the proposed 200 Yacht Club Drive Planned Unit Development. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns with the use of pesticides at the North Palm Marina. Minutes of the Village Council Regular Session held April 14, 2022 Page 2 of 8 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS Mayor Searcy stated that Councilmember Bickel requested that Ordinance 2022-09 Code Amendment — Residential Zoning Regulations be the first ordinance heard under public hearing. Mayor Searcy asked Council if there were any objections. There were no objections from Council. ORDINANCE 2022-09 CODE AMENDMENT — RESIDENTIAL ZONING REGULATIONS A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPLEMENTING THE RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING ARTICLE V, "STORMWATER MANAGEMENT," OF CHAPTER 21, "PLANNING AND DEVELOPMENT," BY AMENDING SECTION 21-67, "POST DEVELOPMENT RUNOFF RATES, VOLUMES AND POLLUTANT LOADS," TO IMPOSE SPECIFIC REQUIREMENTS APPLICABLE TO POSTDEVELOPMENT RUNOFF AND AMENDING SECTION 21-70, "WATER QUALITY," TO PROVIDE STANDARDS FOR CONSTRUCTION SITE RUNOFF; AMENDING ARTICLE I, "IN GENERAL," AND ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) BY AMENDING SECTION 45-2, "DEFINITIONS," TO DEFINE THE TERMS AVERAGE ELEVATION AND LANDSCAPED AREA AND SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," TO REGULATE THE HEIGHT OF TWO-STORY STRUCTURES, REQUIRE A MINIMUM LANDSCAPED AREA, AND LIMIT THE WIDTH OF DRIVEWAYS IN SWALE AREAS; EXTENDING THE ZONING IN PROGRESS RELATING TO SECOND - STORY FLOOR AREA FOR AN ADDITIONAL SIX MONTHS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Bill Whiteford, Chairman of the Residential Code Ad Hoc Committee discussed and explained how the Committee came up with the recommendations that were being brought forward for consideration in the proposed ordinance. Community Development Director Jeremy Hubsch began a presentation on the history of the proposed zoning in progress and explained and discussed in further detail the recommendations brought forward by the Residential Code Ad Hoc Committee. Mr. Hubsch discussed the timeline and next steps. Mr. Hubsch presented questions on what other code provisions should be evaluated. Mr. Hubsch reviewed a timeline showing the beginning of zoning in progress recommendations to finalizing the code update by the summer or fall of 2022. Mr. Hubsch reviewed the adopted zoning in progress standards which were as follows: 1) All new one-story homes are to have thirty-five (35%) minimum landscaped area, and are to provide a landscaped are of fifty percent (50%) in the required setback. 2) All homes are limited to thirty feet (30') in height for flat roofs and thirty-five feet (35') for all other roof types, including gable, hip, gambrel, and shed roofs. 3) The floor area of the second story of a single-family home is limited to seventy- five percent (75%) of the floor area of the first story. Mr. Hubsch discussed ambiguous code language pertaining to water quality and a possible solution. Mr. Hubsch reviewed and discussed the adopted required minimum landscape area and proposed zoning in progress landscaping standards. Mr. Hubsch reviewed and explained a Peer City Analysis and reviewed and gave examples of homes within the Village that were currently zoning in progress compliant and not zoning in progress compliant. Minutes of the Village Council Regular Session held April 14, 2022 Page 3 of 8 ORDINANCE 2022-09 CODE AMENDMENT — RESIDENTIAL ZONING REGULATIONS continued Mr. Hubsch continued with discussing the allowed driveway width in swales, the adopted zoning in progress building height and proposed building height. Mr. Hubsch explained how the building height was measured and reviewed examples of homes within the Village and their heights. Mr. Hubsch reviewed the current runoff code and proposed runoff code. Mr. Hubsch concluded by stating that at its March 22, 2022 meeting, the Ad Hoc Committee voted 4-3 to make the building height thirty feet for all roof types. Two of the dissenting members wanted the height to be thirty- two feet and the other wanted it to be thirty-five feet. The members voted 6-1 to adopt the minimum landscape standards as drafted. The dissenting member felt the front yard restriction of 50% is too onerous. The members all supported the changes to the stormwater management code. The Planning Commission voted 6-0 to recommend approval of the Ad Hoc Committee recommendations. John Samadi, 512 Marlin Road, expressed and discussed his concerns with the proposed residential zoning regulations ordinance. Chris Ryder, 118 Dory Road S, expressed his concerns with Dover, Kohl and Spikowski and asked why they did not address the residential code when they did their consulting work with the Village. Cory Cross, 2560 Pepperwood Circle S, stated that based on his experience as an architect, the proposed residential code was a very reasonable code and was not overly restrictive. Councilmember Mullinix expressed concern that the proposed code was incentivizing single story homes and not two story homes. Councilmember Mullinix stated that the minimum landscape requirements should be the same for single and two story homes. Councilmember Aubrey stated that the proposed code was reasonable and was consistent with neighboring communities. Any issues with the code could be revisited in the future. Vice Mayor Norris stated that he was also concerned with the de-incentivizing of two-story homes. Vice Mayor Norris stated that overall the proposed code was reasonable with the one exception. Mayor Searcy asked for clarification on the term "decorative rock" in the code. Attorney Rubin explained that it was an inclusive term that included gravel and mulch. Mayor Searcy asked if the Ad Hoc Committee discussed roof top decks. Mr. Hubsch stated that roof top decks were not discussed but that it could be discussed and addressed in the future. Discussion ensued regarding roof top decks, collector roads and driveway calculations for corner lots. Vice Mayor Norris asked the code could be changed to make the landscape minimum standards the same for single and two-story homes. Mayor Searcy asked Mr. Whiteford to explain the reasoning behind the difference between the landscape minimum standards for single and two-story homes. Minutes of the Village Council Regular Session held April 14, 2022 Page 4 of 8 ORDINANCE 2022-09 CODE AMENDMENT — RESIDENTIAL ZONING REGULATIONS continued Mr. Whiteford explained that single story homes were lower and more spread out versus two-story homes which were vertical and would have more space for landscaping. Mr. Whiteford explained that it was not a matter of incentivizing. Discussion ensued between Council regarding the landscape minimum standards for single versus two-story homes. A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to amend Ordinance 2022-09 to make the minimum landscape requirements the same for single story and two-story homes. Thereafter, the motion to amend Ordinance 2022-09 to make the minimum landscape requirements the same for single story and two-story homes passed 3 to 2 with Vice Mayor Norris, Councilmember Aubrey and Councilmember Mullinix voting aye and Mayor Searcy and President Pro Tem Bickel voting nay. Discussion ensued between Council and staff regarding providing waivers for u -shaped driveways and special circumstances where the total landscaped area may be slightly over the allowance. Thereafter the motion to adopt amended Ordinance 2022-09 on first reading passed unanimously. Mayor Bickel left the meeting at 8:17 p.m. ORDINANCE 2022-08 GENERAL FUND BUDGET AMENDMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2022 TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY AND TO TRANSFER NET INCOME FROM THE GENERAL FUND UNASSIGNED FUND BALANCE TO THE CAPITAL IMPROVEMENT PLAN FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance was to approve a budget amendment for approved vehicle financing agreements and the use of NET income in the General Fund for capital improvements. Mr. Lukasik stated that the vehicle lease agreements were already approved by Council. The budget amendment would record the lease agreements as capital outlay and would solidify the direction of Council to use NET income from Fiscal Year 2021 and bring it into the current Fiscal Year to use for certain capital improvements. Thereafter, the motion to adopt on first reading Ordinance 2022-08 passed with all present voting aye. Minutes of the Village Council Regular Session held April 14, 2022 Page 5 of 8 ORDINANCE 2022-05 CODE AMENDMENT — YEAR-ROUND IRRIGATION CONSERVATION MEASURES A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE IX, "WATER SHORTAGE EMERGENCIES," AND ADOPTING A NEW ARTICLE IX, "YEAR-ROUND IRRIGATION CONSERVATION MEASURES;" PROVIDING FOR A PURPOSE AND FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONSERVATION REGULATIONS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT; PROVIDING FOR VARIANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the South Florida Water Management District requested that the Village adopt the Year -Round Landscaping Irrigation Conservation Measures applicable within Palm Beach County. Mr. Rubin stated that the only change that was made from first reading was that the effective date of the irrigation regulations was pushed back ninety (90) days in order to allow sufficient time for public outreach and education. Deborah Cross, 2560 Pepperwood Circle S, recommended that residents have more ecologically friendly landscaping that required less watering. Mayor Searcy asked if the Village was in compliance with the irrigation regulations. Public Works Director Chuck Huff stated that the Village was in compliance with irrigation regulation except for certain areas such as the Country Club. Mr. Rubin explained that the Village was not required to comply with the irrigation regulations for the Country Club golf course and any athletic fields. The medians were required to comply. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-05 passed with all present voting aye. ORDINANCE 2022-06 CODE AMENDMENT — FIREFIGHTERS PENSION PLAN A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF ARTICLE V, "PENSIONS AND RETIREMENT SYSTEMS," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-159, "CREATION OF TRUST AND DEFINITIONS," SECTION 2-161, "BENEFIT AMOUNTS," AND SECTION 2-163, "CONTRIBUTIONS," TO MODIFY THE MAXIMUM CAP ON BENEFITS AND THE EMPLOYEE CONTRIBUTION FOR FIREFIGHTER MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held April 14, 2022 Page 6 of 8 ORDINANCE 2022-06 CODE AMENDMENT — FIREFIGHTERS PENSION PLAN continued Mr. Lukasik explained the purpose of the ordinance. The ordinance would amend the current code to increase the cap on benefits received by employees in the Collective Bargaining Unit from seventy-five percent (75%) to eighty percent (80%) and also allowed for increased employee contributions from seven percent (7%) increasing by one-half percent over an incremented time frame beginning September 30, 2022 and ending September 30, 2024. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-06 passed with all present voting aye. ORDINANCE 2022-07 CODE AMENDMENT — PARKING REGULATIONS FOR VICINITY OF LAKESIDE PARK A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2022-07 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 AND TRAFFIC," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 18-34.1, "VEHICLE, TRAILER OR BOAT PARKING PROHIBITED UPON PAVED OR UNPAVED AREA OF ROAD RIGHT-OF-WAY OF SPECIFIC ROADWAYS," TO MODIFY THE PARKING REGULATIONS IN THE VICINITY OF LAKESIDE PARK; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the code amendment would extend restrictions to on -street parking within the vicinity of Lakeside Park to beyond weekends and holidays and would reduce the number of streets impacted and provide for exceptions for neighborhood residents and their guests through the use of a Village issued pass. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-07 passed with all present voting aye. CONSENT AGENDA APPROVED Item 8 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved with all present voting aye. The following items were approved: Motion accepting the ranking by the Selection Committee for Stormwater Master Plan Modeling and Design Implementation Continuing Services Contract and authorizing staff to commence negotiation of an Agreement with Hazen and Sawyer. Resolution approving a Blanket Purchase Order for the Public Works Department with GT Supplies, Inc. in the total amount of $50,000 for dumpster repairs. Resolution amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2022 Budget to eliminate two full-time Solid Waste Driver/Operator positions and add two full- time Solid Waste Collector positions with the Public Works Department. Resolution accepting proposals from Pantropic Power, Inc. for repairs to the Public Safety generator and rental of a standby generator in the amount of $35,497.50; and authorizing execution of the Contract. Minutes of the Village Council Regular Session held April 14, 2022 Page 7 of 8 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Planning Commission meeting held 2/1/22. Receive for file Minutes of the Environmental Committee meeting held 2/7/22. Receive for file Minutes of the Library Advisory Board meeting held 2/22/22. Receive for file Minutes of the Planning Commission meeting held 3/1/22. Receive for file Minutes of the Recreation Advisory Board meeting held 3/15/22. Receive for file Minutes of the Library Advisory Board meeting held 3/22/22. Receive for file Minutes of the Audit Committee meeting held 4/6/22. RESOLUTION 2022-25 — BUILDING INSPECTION SERVICES CONTRACT A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2022-25 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT WITH HY-BYRD INCORPORATED TO PROVIDE BUILDING INSPECTION SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING AGREEMENT WITH THE TOWN OF PALM BEACH AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. John Samadi, 512 Marlin Road, stated that he hoped the contract for building services would be temporary and that the Village would soon hire staff to perform building inspection services. Mr. Samadi expressed concerns regarding quality of inspections and comments made by inspectors and stated that the Village should expect high quality and highly qualified building inspectors. Mayor Searcy apologized for any comments or poor quality inspections that may have been performed in the past and asked Mr. Hubsch when in house staff could be expected to be hired. Mr. Hubsch explained that in-house staff was preferred. The Community Development Department currently has an in-house Building Official and an electrical inspector. One new high level inspector was recently hired and staff was optimistic that the inspector will remain. Mr. Hubsch explained that it was very difficult in the current market to find and hire high quality building inspectors. Thereafter, the motion to adopt Resolution 2022-25 passed with all present voting aye. RESOLUTION 2022-29 — PBA COLLECTIVE BARGAINING AGREEMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt Resolution 2022-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE POLICE BENEVOLENT ASSOCIATION OF PALM BEACH COUNTY, INC. AND AUTHORIZING EXECUTION OF THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held April 14, 2022 Page 8 of 8 RESOLUTION 2022-29 — PBA COLLECTIVE BARGAINING AGREEMENT continued Mr. Lukasik stated that negotiations took place between the Village and the Police Benevolent Association which represents employees in the Village's Police Department. The negotiations included minor changes to the agreement. Mr. Lukasik discussed and explained the changes to bereavement leave, sick leave, paid holidays, take home vehicles, pension and wages. Mr. Lukasik discussed and explained the cost impacts. Chief Jenkins thanked Manager Lukasik and Council for a collegial and productive negotiation process. Thereafter, the motion to adopt Resolution 2022-29 passed with all present voting aye. MOTION — Designation of voting delegate and alternates for the Palm Beach County League of Cities A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to designate Mayor Searcy as voting delegate and appointing all councilmembers not serving as voting delegate to serve as alternate voting delegates for the Palm Beach County League of Cities. Thereafter the motion passed with all present voting aye. YOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix expressed concerns about the assessment that was received for electrical undergrounding. Councilmember Mullinix recommended having a peer review of the assessment. Mayor Searcy asked staff to address Mrs. Cross's comments regarding pesticide use to kill weeds within the Village. Mayor Searcy wished luck to Head Golf Professional Allan Bowman as he plays at the Honda Classic Cares Play Yellow Birdie Bash taking place on April 18th. The proceeds from the event will be shared between Nicklaus Children's Health Care Foundation in support of Nicklaus Children's Hospital in Miami, as well as the South Florida PGA Foundation. Mayor Searcy thanked staff for all their hard work on the wonderful Heritage Day Festival and Village Art Show. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:54 p.m. Jei a Green, MC, Village Clerk