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10-13-2022 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 13, 2022 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 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 September 22, 2022 were approved as written. STATEMENTS FROM THE PUBLIC Sal Garcia, 714 Northlake Ct., #108, stated that he was an employee in the Village's Public Works Sanitation Department and expressed the importance of the negotiations that took place to reach an agreement between the Village and the Federation of Public Employees. Mr. Garcia stated that he would be attending more Council meetings to express any concerns or ask questions on behalf of the Federation. Bob Starkie, 36 Yacht Club Drive, expressed his concerns and gave highlighted points regarding the proposed 200 Yacht Club Drive project. Mr. Starkie thanked Council for returning his phone call and listening to his concerns. Diane Smith, 37 Yacht Club Drive, thanked the Public Works Department employees for their service and expressed her concerns regarding the proposed 200 Yacht Club Drive project. Minutes of the Village Council Regular Session held October 13, 2022 Page 2 of 5 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-18 CODE AMENDMENT — IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2022-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES TO IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-27, "R-1 SINGLE-FAMILY DWELLING DISTRICT," TO REGULATE THE VOLUME AND MASSING OF TWO-STORY DWELLINGS; AMENDING ARTICLE VII, "NONCONFORMING USES OF LAND AND STRUCTURES," BY AMENDING SECTION 45-64, "NONCONFORMING STRUCTURES," TO ALLOW THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES UNDER SPECIFIED CIRCUMSTANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Bill Whiteford, Chair of the Ad Hoc Residential Code Committee, gave a brief history, update and explanation of the Committee and its recommendations. Shawn Woods member of the Ad Hoc Residential Code Committee gave a brief presentation regarding home sales and the mortgage industry and how it related to homes within the Village. Mrs. Woods discussed and explained past and present United States real estate data on home sales, home prices, inventory, mortgage rates, affordability, closed sales within the last six (6) months and residential inventory within the Village. Interim Community Development Director Alex Ahrenholz began a presentation regarding the Ad Hoc Residential Code Committee's code revision recommendations. Mr. Ahrenholz explained and discussed the adopted Zoning in Progress Standard which would expire on October 28, 2022. The goal of the Zoning in Progress was to discourage large blank walls and boxy architecture. Mr. Ahrenholz showed examples of homes that fit that description. Mr. Ahrenholz showed an example of a new home that was submitted under the ZIP standard with the second story being 54% of the area of the first floor and meeting the maximum 75% second story area requirement. Mr. Ahrenholz discussed and explained example regulations of other municipalities. Mr. Ahrenholz discussed and explained sidewall articulation solutions stating that the City of Winter Park required a two (2) foot articulation for every thirty-six (36) feet. Mr. Ahrenholz discussed and explained the proposed language of the ordinance that would revise the code related to single family homes and non -conforming uses and structures. Mr. Ahrenholz reviewed examples of second story setbacks between different sized homes and lots and showed examples. Mr. Ahrenholz concluded the presentation stating that the Planning Commission passed the proposed changes 6 to 0 and had discussion on clarifying wording of when the second story setback is measured. A one (1) story home that exceeds fifteen (15) feet for large entry could be interpreted to need a thirty (3 0) foot front setback. "The second story setback shall only be applicable to a two-story structure with a building wall that exceeds fifteen (15) feet in height." Minutes of the Village Council Regular Session held October 13, 2022 Page 3 of 5 ORDINANCE 2022-18 CODE AMENDMENT — IMPLEMENT THE RECOMMENDATIONS OF THE AD HOC COMMITTEE continued Deborah Cross, 2560 Pepperwood Circle S, expressed her concern regarding the need for required articulation for a one (1) story home. Mayor Searcy thanked staff and the Ad Hoc Residential Code Committee for all of their time and efforts in producing and presenting the code revision recommendations. Vice Mayor Norris asked for clarification on articulation requirements. Mr. Whiteford explained and clarified when and if articulation requirements would need to be addressed in a new home. Discussion ensued between Mr. Whiteford and Council. Councilmember Mullinix thanked the Ad Hoc Residential Code Committee and expressed his concerns with the proposed code revisions. Councilmember Mullinix stated that he could not support the revised code as presented and recommended having a professional firm write the code revisions. Discussion ensued between Council, Mr. Rubin and Mr. Ahrenholz regarding concerns on particular wording in Section 45-27(D)(4) addressing the applicability of the second story setback and Section 45-27(E) addressing the applicability of the building wall articulation requirement. Mr. Rubin stated that the proposed ordinance would be brought back for second reading with the recommended revisions. Thereafter, the motion to adopt on first reading Ordinance 2022-18 passed 4 to 1 with Mayor Searcy, Vice Mayor Norris, President Pro Tem Bickel and Councilmember Aubrey voting aye and Councilmember Mullinix voting nay. President Pro Tem Bickel stepped out of the meeting. CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the Consent Agenda. Councilmember Aubrey seconded the motion, with all present voting aye. The following items were approved: Motion approving the suspension of the 11/24/22 and 12/22/22 Council meetings in observance of national holidays. Resolution approving a proposal from Advance Recreational Concepts LLC for the purchase of new playground equipment for Anchorage Park and approving a proposal from Play Space Services, Inc. for the installation of the equipment, construction of an ADA Compliant Pathway to the playground and installation of mulch and sod at a total cost of $55,530.57; and authorizing execution of the Contracts. Resolution approving a Third Amendment to the Cross Parking Agreement with the First Unitarian Church and to extend the term and modify the annual payment to $6,450; and authorize execution of the Third Amendment. Receive for file Minutes of the Golf Advisory Board Meeting held 8/15/22. President Pro Tem Bickel returned to the meeting. Minutes of the Village Council Regular Session held October 13, 2022 Page 4 of 5 RESOLUTION 2022-87 — FPE COLLECTIVE BARGAINING AGREEMENT A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt Resolution 2022-87 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 FEDERATION OF PUBLIC EMPLOYEES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff stated that the negotiation process for the Collective Bargaining Agreement was the best negotiation he has experienced out of all past negotiations he had been a part of. Human Resources Director Renee Govig discussed and explained the negotiated changes to the Collective Bargaining Agreement. Ms. Govig expressed appreciation to Mr. Garcia for his help in the negotiation process. Mayor Searcy and Councilmember Mullinix expressed their gratitude to the Village employees that are part of the Federation of Public Employees. Thereafter, the motion to adopt Resolution 2022-87 passed unanimously. RESOLUTION 2022-88 — AMENDMENT TO CONTRACT FOR BUILDING INSPECTION SERVICES A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2022-88 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT WITH HY-BYRD INCORPORATED TO PROVIDE BUILDING INSPECTION SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Ahrenholz explained that the Amendment was to extend the term of the contract with Hy -Byrd, Inc. for building inspection services through Fiscal Year 2023. Thereafter, the motion to adopt Resolution 2022-88 passed unanimously. RESOLUTION 2022-89 — UNDERGROUND STORMWATER DRAINAGE SYSTEM CAMERA A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to adopt Resolution 2022-89 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE ENVIROSIGHT ROVVER X CRAWLER CAMERA TO INSPECT THE VILLAGE'S UNDERGROUND STORMWATER DRAINAGE SYSTEM FROM ENVIRONMENTAL PRODUCTS GROUP, INC. D/B/A ENVIRONMENTAL PRODUCTS OF FLORIDA PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CITY OF TALLAHASSEE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of the Village Council Regular Session held October 13, 2022 Page 5 of 5 RESOLUTION 2022-89 — UNDERGROUND STORMWATER DRAINAGE SYSTEM CAMERA continued Field Operations Manager Marc Holloway discussed and explained the purpose of the camera and why it was necessary. The camera would give staff a more proactive approach in addressing any potential issues with the Village's underground stormwater drainage system. Mr. Holloway discussed and explained the usage, maintenance and warranty of the remote controlled camera system, Thereafter, the motion to adopt Resolution 2022-89 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy thanked all Village staff for their hard work in preparing for Hurricane Ian. Mayor Searcy thanked Leisure Services staff for a successful Touch a Truck event. Mayor Searcy announced that the new Fire Truck for the Fire Department had arrived and that there would be a wash down and push in ceremony scheduled for the truck in November. Mayor Searcy invited residents to come out for the Christmas Tree Lighting Ceremony. President Pro Tem Bickel announced that the North Palm Beach Symphony Concert would be taking place on December 5th. President Pro Tem Bickel asked Head Golf Professional Allan Bowman to discuss the new jars of honey that were being sold at the Country Club. Mr. Bowman stated that honey was retrieved from bee hives at the Country Club. One hundred and thirty- three (13 3) pounds of honey had been harvested, jarred and labeled with the Village's logo on the jar and were being sold at the Country Club golf shop for eleven dollars ($11). Councilmember Mullinix stated that there were overgrown tree branches on five (5) different trees at Lakeside Park that needed to be cut back. Councilmember Mullinix asked if the time for Council meetings could be changed back to 7:30 p.m. Councilmembers did not agree that it was conducive to change the time of Council Meetings from 7 p.m. back to 7:30 p.m. President Pro Tem Bickel stated there were some complaints regarding safety concerns with the current playground equipment at Anchorage Park. Director of Leisure Services Zak Sherman explained the issues and what was being done to resolve them until the new playground equipment was installed. Mr. Sherman stated that he would post signs warning of the potential hazards on the old playground equipment. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff thanked Village staff for their efforts and teamwork in preparing for Hurricane Ian. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:23 p.m. Je t9 Green, M5fC, Village Clerk