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12-08-2022 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA DECEMBER 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 October 27, 2022 and the Minutes of the Special Emergency Session held November 9, 2022 were approved as written. Mayor Searcy announced that Agenda Item 16 — Resolution — Country Club Water Services Line was pulled from the agenda and would not be heard. STATEMENTS FROM THE PUBLIC Diane Smith, 37 Yacht Club Drive, stated that the Village had not submitted a revised Water Supply Facilities Work Plan since 2016. Ms. Smith stated that according to Florida Statute, the Village was required to submit a revised plan by May of 2020. Ms. Smith asked Council why the revised plan had not been submitted. Chris Ryder, 118 Dory Road, S., thanked Councilmember Mullinix for his behavior at the October 27th Council meeting during the proposed 200 Yacht Club Drive project appeal. Mr. Ryder -- discussed the digging out of swales within the Village. Mr. Ryder discussed the list of changes that were made to the Comprehensive Plan that he provided at the Council meeting on October 27th and had asked that the changes be looked into. Minutes of the Village Council Regular Session held December 8, 2022 Page 2 of 5 STATEMENTS FROM THE PUBLIC continued Bob Starkie, 36 Yacht Club Drive, discussed the issues with the proposed 200 Yacht Club Drive project. Mr. Starkie expressed his concerns regarding traffic issues at the corner of U.S. Highway 1 and Yacht Club Drive. Mr. Starkie requested an independent traffic study. Pat Kelly, 37 Yacht Club Drive, gave an update on the group of residents and their actions regarding their opposition to the proposed 200 Yacht Club Drive project. Mr. Kelly discussed the traffic issues on U.S. Highway 1. Bill Rose, 36 Yacht Club Drive, stated that the Yacht Club Drive residents appreciate how the Village was handling their opposition to the proposed 200 Yacht Club Drive project. Mr. Rose wished everyone including first responders a safe and happy holiday season and thanked them for their service. John Samadi, 512 Marlin Road, expressed his concerns regarding the Village's use of an outside consulting service for building inspections. Mr. Samadi also expressed his concerns regarding the proposed contract for water line services at the Country Club. Deborah Cross, 2560 Pepperwood Circle, S, expressed her concerns with speeding traffic on U.S. Highway 1. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2022-19 CODE AMENDMENT — FIRE AND POLICE PENSION BENEFITS A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2022-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE, "PENSION AND CERTAIN OTHER BENEFITS FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING DIVISION 4, "PENSIONS AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-159, "CREATION OF PLAN AND TRUST," TO AUTHORIZE THE BOARD TO ADOPT AN ADMINISTRATIVE POLICY FOR TAX QUALIFICATION TO ENSURE CONTINUED COMPLIANCE WITH INTERNAL REVENUE CODE REQUIREMENTS; AMENDING SECTION 2-161, "BENEFIT AMOUNTS," AND SECTION 2-170.1, "DEFERRED OPTION BENEFIT PLAN," TO INCREASE THE REQUIRED MINIMUM DISTRIBUTION AGE; 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 authorize the Police and Fire Pension Board to adopt an administrative policy to maintain its tax qualified status and increase the minimum distribution age as required by the Internal Revenue Code. Thereafter, the motion to adopt on first reading Ordinance 2022-19 passed unanimously. Minutes of the Village Council Regular Session held December 8, 2022 Page 3 of 5 ORDINANCE 2022-20 CODE AMENDMENT — COMPREHENSIVE PLAN A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to adopt on first reading Ordinance 2022-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO ADOPT A NEW PROPERTY RIGHTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that the, legislature had adopted Senate Bill 59, amending a section of the Florida Statutes to require each municipality to include a new Property Rights Element in its Comprehensive Development Plan. Mr. Rubin stated that the state would not consider any additional Comprehensive Plan Amendments from the Village until it adopts the new Property Rights Element. Once the ordinance is adopted on first reading it will be submitted to the Florida Department of Economic Opportunity for review and comment. Once comments are received, the ordinance will come back to Council for a second reading. Councilmember Aubrey expressed concern that the Property Rights Element contained no limitations on such rights. Mr. Rubin explained that the intent of the legislation requiring this language was not to create any new rights but to recognize existing judicially acknowledged and constitutionally protected property rights. Additionally, the use of private property was still expressly subject to state law and local ordinances. Thereafter, the motion to adopt on first reading Ordinance 2022-20 passed unanimously. CONSENT AGENDA APPROVED President Pro Tem Bickel moved to approve the Consent Agenda. Councilmember Mullinix seconded the motion, which passed unanimously. The following items were approved: Receive for file Minutes of the Planning Commission meeting held 4/5/22. Receive for file Minutes of the General Employees Pension Board meeting held 5/1/22. Receive for file Minutes of the Police and Fire Pension Board meeting held 5/10/22. Receive for file Minutes of the Planning Commission meeting held 6/7/22. Receive for file Minutes of the Planning Commission meeting held 7/5/22. Receive for file Minutes of the Planning Commission meeting held 8/2/22. Receive for file Minutes of the Planning Commission meeting held 9/6/22. Receive for file Minutes of the Library Advisory Board meeting held 10/4/22. Receive for file Minutes of the Planning Commission meeting held 10/11/22. Receive for file Minutes of the Recreation Advisory Board meeting held 10/11/22. Receive for file Minutes of the Business Advisory Board meeting held 10/18/22. Minutes of the Village Council Regular Session held December 8, 2022 Page 4 of 5 MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy thanked residents for their participation and staff for their work on the Village's holiday festivities. Mayor Searcy thanked the North Palm Beach Symphony Orchestra for their performance at the Village's Tree Lighting Ceremony. Mayor Searcy thanked the Friends of the Library for their holiday bake sale and the Fire Department for riding around in the Village's new fire truck. President Pro Tem Bickel stated that she was relieved that she and Vice Mayor Norris qualified and were re-elected to their respective Groups without opposition and therefore the Village would not be having an election in 2023. Mayor Searcy congratulated Vice Mayor Norris and President Pro Tem Bickel on their re-election. President Pro Tem Bickel recommended that Council begin discussions again regarding the Village Manager position. Council came to consensus to begin discussions regarding the Village Manager position at the next Council meeting that would take place on January 12, 2023. President Pro Tem Bickel asked if a revised Water Supply Plan had been submitted. Mr. Huff stated that an ordinance was adopted in 2016 to adopt and update the ten-year water supplies facilities work plan. Mr. Huff stated that he would research further into the matter and provide Council with an update. President Pro Tem Bickel additionally recommended discussing the possibility of having an independent traffic study done for the proposed 200 Yacht Club Drive project. Councilmember Mullinix recommended sending a letter to Tallahassee regarding the repair of the U.S. Highway 1 bridge asking them to fast track the repair since the Village has been waiting a long time. Councilmember Mullinix expressed his concerns regarding getting a turning lane put in on U.S. Highway 1 to Anchorage Drive South. Mr. Huff stated that the turning lane had been approved and he has been in contact with FDOT and it should be installed after the 1St of the year. Councilmember Mullinix recommended that the area around the library and at Veteran's Park needed to be mulched. President Pro Tem Bickel stated that residents had raised concerns that the Tree Lighting Ceremony took place on a later date this year and recommended that it take place earlier in December next year. Minutes of the Village Council Regular Session held December 8, 2022 Page 5 of 5 MAYOR AND COUNCIL MATTERS/REPORTS continued Mayor Searcy recommended that the start time of the Tree Lighting Ceremony start at an earlier time than 7 p.m. Mr. Huff stated that he saw the most amount of people attending this year's Tree Lighting Ceremony than he has ever seen since his time with the Village. Mayor Searcy thanked the Country Club staff for their hard work at the Annual Holiday Boat Parade. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff stated that he was working with Wayne Cameron, Building Official to hire in-house building inspectors versus using an outside firm for the Community Development Department. Mr. Huff wished everyone a happy holiday and happy new year. Mayor Searcy asked Alan Bowman, Head Golf Professional if low speed vehicles were allowed on the golf course. Mr. Bowman stated that he had safety and parking ideas for low speed vehicles that he could implement for next year's Holiday Boat Parade. Building Milestone Inspection Program Update Wayne Cameron, Building Official gave a presentation that provided an update on the state-wide building milestone inspection program. The state-wide building inspection program requires a building registration, filing basic building and contact information with the state by January 1, 2023 and having a milestone inspection by December 31, 2024. The milestone inspections are required for each building that is three stories or more in height by December 31 st of the year in which the building reaches thirty (3 0) years and every ten (10) years thereafter. If the building is within three (3) miles of a coastline the inspection must be performed by December 31 st of the year in which the building reaches twenty-five (25) years of age and every ten (10) years thereafter. Mr. Cameron concluded his presentation stating that in total there were seventy-nine (79) buildings that met the statutory requirement in the Village. Staff would be working with the various HOA's to advise them on what steps need to be taken in the coming months. ADJOURNMENT There being no further business to come before the Council. the meeting was adjourned at 7:48 p.m. ess ca Green, M , Village Clerk