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09-08-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 8, 2022 Present: Deborah Searcy, Mayor David B. Norris, Vice Mayor Susan Bickel, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember Chuck Huff, Interim. Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Searcy 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 Searcy gave the invocation and Vice Mayor Norris led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the the Regular Session held August 25, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Don Kazimir, 106 Gulfstream Road, expressed his concerns with the proposed lane reduction of U.S. Highway 1 and asked why the entire length of the road that runs through the Village was not proposed to be reduced. Karen Marcus, 920 Evergreen Drive, expressed her support for giving Chuck Huff the opportunity to become the Village Manager over the next six (6) months. John Samadi, 512 Marlin Road, expressed his concerns regarding Council's choice for Interim Village Manager. c Mary Romero, 828 Buttonwood Road, expressed recognition and appreciation to Village \ Sanitation workers Brett, Derek and Sal for their kindness, professionalism and for doing a good job. Mrs. Romero expressed concern over the Village's process for hiring temporary workers and asked Council what would be done for a sanitation worker who was affected by Covid and unable to return to work. Minutes of the Village Council Regular Session held September 8, 2022 Page 2 of 9 STATEMENTS FROM THE PUBLIC continued Richard Romero, 828 Buttonwood Road, expressed his concerns regarding Council's choice for Interim Village Manager. Audrey Kent, 52 Yacht Club Drive, expressed her concerns over a possible increase in property taxes and expressed concerns regarding the amount of insecticides used in the landscaping throughout the Village. Ms. Kent asked that the volume of insecticide used throughout the Village be reduced. Pat Friedman, 1208 Marine Way, expressed her support for giving Chuck Huff the opportunity to become the Village Manager over the next six (6) months. 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 Councilmember Aubrey and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2022-15 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, 2022 AND ENDING SEPTEMBER 30, 2023; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2022-16 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, 2022 AND ENDING SEPTEMBER 30, 2023 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 stated that after reviewing the budget with Finance Director Sarnia Janjua, they were able to add an additional police officer to the budget. Revenues were revised to show an increase of $294,172. There was an overall net impact of $147,497. The savings would remain in Council Contingency which was revised to $222,497. Mr. Huff reviewed the Budget Highlights stating that the budget was based on the flat millage rate of $7.0500 mils. Minutes of the Village Council Regular Session held September 8, 2022 Page 3 of 9 PUBLIC HEARING AND FIRST READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued The General Fund was balanced with $222,497 in Council Contingency, a $679,800 transfer to the General Fund CIP and a $482,550 transfer to the Country Club Budget. The Country Club Budget was balanced with a $382,550 transfer from the General Fund for Pool and Tennis Operations and a $100,000 transfer from the General Fund for Renewal and Replacement. The budget provides for, capital improvements, replacement of essential (capital) equipment and vehicles, employee salary & benefit cost increases/pay study implementation, minimum wage implementation of $13.50 per hour for part time employees and maintains and enhances the Village's level of service. Amenities and quality of life programs remain fully funded in FY'23. Mr. Huff continued the presentation by reviewing and explaining the total budget summary by fund and category and concluded by reviewing the taxable value and millage selection and millage selection options. The second reading of the budget would take place on September 22, 2022. Mayor Searcy opened the public hearing on the ad valorem tax millage rate and budget. Don Kazimir, 106 Gulfstream Road, asked for the Unallocated Fund Balance. Mrs. Janjua stated that the Unallocated Fund Balance was at $13 million. There being no further comments from the public, Mayor Searcy closed the public hearing. Councilmember Mullinix expressed concerns regarding payroll increases and stated that based on the changes in the economy, the increases may not be sustainable in the future. President Pro Tem Bickel asked what percentage of the 9.5 percent payroll increase was attributed to new hires. Mr. Huff stated that he did not have that information with him. Councilmember Aubrey stated that he would agree with the budget as it was presented at the meeting, but would like to see the August financials to determine whether or not the millage rate could be dropped to $6.9500 mils and to discuss a possible reduction of the millage rate at the next Council meeting. Councilmember Aubrey agreed that the 9.5 percent increase in payroll was a significant increase but understood the reasoning for the increase as the Village needs to pay their employees competitively. Discussion ensued between Councilmembers regarding the possibility of lowering the millage rate. A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to establish an ad valorem tax millage rate of 7.0500 mils. The motion passed unanimously. Mayor Searcy announced that the rolled back rate is 6.2648 mils, the percentage increase over the rolled back rate is 12.53%, and the millage rate to be levied is 7.0500 mils. The motion to adopt on first reading Ordinance 2022-15 approving the Ad Valorem Tax Millage Rate passed unanimously. The motion to adopt on first reading Ordinance 2022-16 approving the Fiscal Year 2022-2023 Annual Budget passed unanimously. Minutes of the Village Council Regular Session held September 8, 2022 Page 4 of 9 ORDINANCE 2022-17 CODE AMENDMENT — FIRE AND POLICE PENSION A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2022-17 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 AMEND THE CALCULATION OF POLICE OFFICER RETIREMENT BENEFITS TO INCREASE THE MULTIPLIER USED TO CALCULATE RETIREMENT BENEFITS, MODIFY THE MAXIMUM CAP AND INCREASE THE EMPLOYEE CONTRIBUTION FOR POLICE OFFICER MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the purpose of the Ordinance was to address the changes that were made to the Police pension benefit amounts as a result of negotiations and a new Collective Bargaining Agreement between the Village and the Police Benevolent Association. Mr. Rubin stated that the Fire pension benefits had been revised previously. Mr. Rubin reviewed and explained the changes to the Police pension benefits. Councilmember Mullinix expressed his appreciation to the unions for working with the Village to give the firefighters and police officers better benefits. Thereafter, the motion to adopt on first reading Ordinance 2022-17 passed unanimously. ORDINANCE 2022-12 CODE AMENDMENT — THREE TIER ASSESSMENT STRUCTURE FOR SINGLE-FAMILY RESIDENTIAL PROPERTIES — RE -ADOPTION A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2022-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 30, "STORMWATER MANAGEMENT UTILITY," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 30-6, "STORMWATER MANAGEMENT UTILITY ASSESSMENTS," TO CREATE THREE TIERS FOR ASSESSMENTS IMPOSED AGAINST IMPROVED SINGLE-FAMILY RESIDENTIAL PROPERTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the statute prescribed for noticing ordinances. The notice for the ordinance's initial second reading did not meet the minimum noticing requirements, specifically the meeting date and time of the scheduled hearing were inadvertently omitted from the notice. In order to meet the statutory requirements and to avoid any challenges to the validity of the ordinance, the Notice of Public Hearing was re -published to include all required information. Mayor Searcy opened the public hearing. Minutes of the Village Council Regular Session held September 8, 2022 Page 5 of 9 ORDINANCE 2022-12 CODE AMENDMENT — THREE TIER ASSESSMENT STRU FOR SINGLE-FAMILY RESIDENTIAL PROPERTIES — RE -ADOPTION continued John Samadi, 512 Marlin Road, expressed his concerns regarding the stormwater assessment to single-family residential properties. Councilmember Aubrey and Councilmember Mullinix discussed and explained the reasoning behind the stormwater assessment. There being no further comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-12 passed unanimously. ORDINANCE 2022-13 CODE AMENDMENT — MEETINGS AND GATHERIN PARKS, PLAYGROUNDS AND RECREATION — RE -ADOPTION A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt and enact on second reading Ordinance 2022-13 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "PERMIT," OF ARTICLE II, "MEETINGS AND GATHERINGS," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 20-31, "PERMIT REQUIRED," TO INCREASE THE PERMIT REQUIREMENT THRESHOLD TO TWENTY- FIVE PERSONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained the statute prescribed for noticing ordinances. The notice for the ordinance's initial second reading did not meet the minimum noticing requirements, specifically the meeting date and time of the scheduled hearing were inadvertently omitted from the notice. In order to meet the statutory requirements and to avoid any challenges to the validity of the ordinance, the Notice of Public Hearing was re -published to include all required information. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-13 passed unanimously. ORDINANCE 2022-14 CODE AMENDMENT — REPEAL OF EXEMPT EMPLO EMERGENCY DUTY A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt and enact on second reading Ordinance 2022-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 8, "EMERGENCY MANAGEMENT," OF THE VILLAGE CODE OF ORDINANCES TO REPEAL ARTICLE III, "EXEMPT EMPLOYEE EMERGENCY DUTY" PROVIDING FOR THE COMPENSATION OF DISASTER -RELATED EMERGENCY WORK DURING A DECLARED STATE OF EMERGENCY; PROVIDING Minutes of the Village Council Regular Session held September 8, 2022 Page 6 of 9 ORDINANCE 2022-14 CODE AMENDMENT — REPEAL OF EXEMPT EMPLOYEE EMERGENCY DUTY continued FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin stated that the ordinance was passed on first reading at the previous Council meeting. Mr. Rubin explained that the purpose of the ordinance was to repeal the portion of the Village Code providing for emergency duty compensation for exempt employees during a declared local state of emergency since the recent update to the Village's personnel rules and regulations provided for emergency pay for both non-exempt and exempt employees. Mayor Searcy opened the public hearing. There being no comments from the public, Mayor Searcy closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2022-14 passed unanimously. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. Vice Mayor Norris seconded the motion, which passed unanimously. The following items were approved: Motion approving of a Change Order and Final Payment in the amount of $23,808 to J.W. Cheatham, LLC for milling, resurfacing and striping of various roadways throughout the Village. Resolution authorizing the submission of an application for State Aid to Libraries Grant Funding and authorizing execution of the Grant Agreement. Resolution approving a Blanket Purchase Order for the Public Works Department with Al Packer, Inc. in the total amount of $30,000 for parts and repairs. Resolution approving a Blanket Purchase Order for the Public Works Department with Nextran Truck Center, Inc. in the total amount of $35,000 for parts and repairs. Receive for file Minutes of the Library Advisory Board Meeting held 7/26/22. Receive for file Minutes of the Infrastructure Surtax Committee Meeting held 8/15/22. RESOLUTION 2022-71 — FIRE RESCUE DEPARTMENT AMBULANCE PURCHASE A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt Resolution 2022-71 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2024 FREIGHTLINER M2 4 - DOOR CAB WITH PL CUSTOM MEDIUM DUTY AMBULANCE MODULE FROM SOUTH FLORIDA EMERGENCY VEHICLES, LLC PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT FOR AMBULANCES AND EMERGENCY MEDICAL SERVICES VEHICLES; AUTHORIZING THE INTERIM VILLAGE MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND ALL REQUIRED DOCUMENTS; DECLARING AN EXISTING 2016 FREIGHTLINER/AEV AMBULANCE AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held September 8, 2022 Page 7 of 9 RESOLUTION 2022-71 — FIRE RESCUE DEPARTMENT AMBULANCE PURCHASE continued Fire Chief J.D. Armstrong explained that the ambulance purchase was not supposed to take place until 2023 but the ambulance had to be ordered now because all 2023 chassis were purchased. In order to receive an ambulance with a 2024 chassis in the year 2024, the order and purchase had to be made now. Chief Armstrong explained and discussed the pricing in the purchase agreement. Thereafter, the motion to adopt Resolution 2022-71 passed unanimously. Discussion — Ad Hoc Residential Code Committee remaining topics to anal Mayor Searcy stated that the Ad Hoc Residential Code Committee was analyzing artificial turf, sheds, detached garages and accessory dwellings and would be bringing back their recommendations. Mayor Searcy asked Council if there were any other topics that they wanted the Committee to analyze. President Pro Tem Bickel recommended having additional input from the Environmental Committee regarding artificial turf and for the Ad Hoc Committee to discuss pervious and impervious surfaces as they relate to gravel driveways. Mayor Searcy stated that residents had recommended reviewing landscaping codes for new residential, general parking in residential neighborhoods, and storage of construction materials on job sites. Discussion ensued between Councilmembers and Mr. Rubin regarding the topics mentioned for the Ad Hoc Residential Code Committee to analyze. Council agreed to ask the Ad Hoc Residential Code Committee to analyze accessory structures, parking in swales, construction site maintenance, driveway materials and artificial turf. Artificial turf would also be analyzed by the Environmental Committee. Discussion — Village Manager Recruitment Mayor Searcy gave a brief history and background of the current Village Manager recruitment process. Mayor Searcy recommended moving forward with the process by reviewing the applications that were received and possibly choosing candidates to interview. Councilmember Aubrey stated that there needed to be closure on whether or not to move forward with the applications that were received. Councilmember Aubrey expressed his thoughts regarding the candidates and the history of Village managers since his tenure as a Councilmember. Discussion ensued between the Councilmembers regarding the next step in the Village Manager recruitment process. Councilmember Mullinix recommended giving Mr. Huff six (6) months as Interim Village Manager and to re-evaluate whether to hire Mr. Huff as the Village Manager at the end of the six (6) months. Minutes of the Village Council Regular Session held September 8, 2022 Page 8 of 9 Discussion — Village Manager Recruitment continued President Pro Tem Bickel recommended giving Mr. Huff eight (8) months so that there is not any issue with coinciding with the Village's municipal election in March 2023. Council came to consensus to give Mr. Huff eight (8) months as Interim Village Manager and to re-evaluate whether to hire Mr. Huff as the Village Manager at the end of those eight (8) months. The Village Manager applicants would be notified of the decision. Mr. Huff thanked Council and expressed his appreciation for their consideration and support. MAYOR AND COUNCIL MATTERS/REPORTS President Pro Tem Bickel discussed the concerns that were raised to her from members of the Planning Commission regarding the proposed 200 Yacht Club Drive development. Discussion ensued between Councilmembers and Mr. Rubin regarding the Planning Commission's purpose and duties as it related to the 200 Yacht Club Drive development. Mayor Searcy clarified that the proposed lane reduction on U.S. Highway One would be a reduction of the lanes from South Anchorage Drive to North Anchorage Drive. The lanes would stay three lanes wide where the cars would que up which would be northbound just south of the Parker Bridge and southbound just north of Northlake Boulevard. Mr. Huff gave an update on the sanitation worker that has been dealing with long Covid for approximately one (1) year. Mr. Huff stated that that the sanitation worker was doing okay but was no longer able to work and believed that the sanitation worker was collecting long-term disability. Mr. Huff stated that he would confirm that the sanitation worker was collecting long- term disability and would let Council know. President Pro Tem Bickel asked if the Village was vetting their temporary workers. Mr. Huff stated yes. Mayor Searcy encouraged everyone to see the new luxury cabanas that have been installed at the Country Club pool. Mayor Searcy announced that Coffee with a Cop would be taking place on September 10th from 9 a.m. to 12 p.m. in the Library Obert Room and that the first annual corn hole tournament would be taking place at the Community Center on September 17th and encouraged residents to attend. President Pro Tem Bickel confirmed that the Village Manager applicants would be notified of Council's decision regarding the Village Manager recruitment process. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff stated that reconstruction of the FDOT bridge on U.S. Highway One would begin in December of 2023. The Prosperity Farms Road bridge was scheduled to begin around the same time. Councilmember Mullinix recommended contacting representatives to expedite the reconstruction of the FDOT bridge on U.S. Highway One. Minutes of the Village Council Regular Session held September 8, 2022 Page 9 of 9 VILLAGE MANAGER MATTERS/REPORTS continued Mr. Huff explained the reasons for the delays on the bridge's reconstruction and discussion ensued between Mr. Huff and Councilmember Mullinix regarding possible solutions to the issue. COUNCIL AND ADMINISTRATION MATTERS ATTORNEY-CLIENT SESSION (Anchorage at Southwinds, LLC v. Village of North Palm Beach and Wayne Cameron (Case No. 50-2022-CA-04478-XXXX-MB) Mayor Searcy announced an Attorney -Client Session stating that the Village Council, Interim Village Manager and Village Attorney would attend. Mayor Searcy recessed the Regular Council meeting at 8:23 p.m. Mayor Searcy reconvened the Regular Council meeting at 8:37 p.m. Mayor Searcy announced the termination of the Attorney -Client Session. WIV131419111►u WON There being no further business to come before the Council, the meeting was adjourned at 8:37 p.m. Je ca Green, MMC, Village Clerk