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01-26-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 26, 2023 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 Regular Session held January 12, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Deborah Cross, 2560 Pepperwood Cr. S, discussed potential future issues with the Village's well and water supply. Mrs. Cross discussed and explained potential strategies and solutions. John Samadi, 512 Marlin Road, expressed his concerns and disappointment with the Council's decision to appoint Chuck Huff as the Village Manager. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS There was no ex -parte communication by Council for the following item: MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB DRIVE PROJECT — STAYED 10/27/22 Ken Tuma of Urban Design Studios gave an update on the proposed revisions that had been made to the 200 Yacht Club Drive project since the appeal was stayed. Minutes of the Village Council Regular Session held January 26, 2023 Page 2 of 8 MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB DRIVE PROJECT — STAYED 10/27/22 continued Mr. Tuma stated that the applicant was requesting an extension of three months to allow them to work with the community to finalize a proposed plan to bring back to the Planning Commission for consideration. Mr. Tuma stated that the newly revised plan would meet the current code requirements as it related to density and would address traffic concerns. Mr. Tuma discussed and explained the key items of the newly revised plan. The revised project would have 147 units, the six townhomes would be removed, the pool would be removed from the top floor of the parking garage and placed on the ground floor, the parking garage would be two stories, a waiver for the sidewalk would no longer be needed, and a wine and cafe facility would be added. Mayor Searcy opened the public hearing. Mayor Searcy read three (3) public comments that were submitted online through the Village's website. The following residents expressed their opposition to the proposed 200 Yacht Club Drive project: Bob Starkie, 36 Yacht Club Drive Susan Hoff, 907 Marina Drive Lisa & Scott Emerson, 519 Harbour Road These residents addressed the Council with their concerns and expressed their opposition to the proposed 200 Yacht Club Drive project: Diane Smith, 37 Yacht Club Drive Ray Kelly, 37 Yacht Club Drive Chris Ryder, 118 Dory Road South Sandra Yeater, 36 Yacht Club Drive William Rose, 36 Yacht Club Drive Frank Rendulic, 36 Yacht Club Drive Deborah Cross, 2560 Pepperwood Circle S There being no further comments from the public, Mayor Searcy closed the public hearing. Mayor Searcy discussed and explained her reasoning for not supporting the revised proposal of the project. Mayor Searcy stated that the project did not fully meet requirements of the Comprehensive Plan. Mayor Searcy stated that she had no problem with rental units and that everyone was welcome to live in the Village. The issue was that there was not enough commercial space proposed for the project. Mayor Searcy stated that she would be denying the appeal. Councilmember Mullinix stated that he would remain consistent in his decision to not support the project and would be voting to deny the appeal. President Pro Tem Bickel stated that she preferred to see a lower density in the proposed project and stated that she had an issue with ingress and egress and the use of the alleyways. Councilmember Aubrey stated that he would like to see the developer come back with a revised project. Councilmember Aubrey asked Mr. Rubin what the next steps would be. Mr. Rubin explained that it was up to Council to decide to deny the appeal and hope that the developer would still bring back a revised project or stay the appeal and give the extension that the developer requested. Minutes of the Village Council Regular Session held January 26, 2023 Page 3 of 8 MOTION — APPEAL OF PLANNING COMMISSION'S DENIAL OF 200 YACHT CLUB DRIVE PROJECT — STAYED 10/27/22 continued Councilmember Aubrey stated that the appropriate thing to do was to continue the stay of the appeal. Vice Mayor Norris stated that he agreed with what the other Councilmembers had stated on what was still needed to be revised on the project. Vice Mayor Norris stated that the developer had clearly shown that they were willing to make revisions to the project. Vice Mayor Norris stated that he agreed with Councilmember Aubrey to continue the stay the appeal. Discussion ensued between Councilmembers and Mr. Rubin regarding the reasons for denying the appeal or staying the appeal. Mr. Tuma discussed and explained additional revisions that the developer was considering. Mayor Searcy discussed and explained her reasoning for her decision to deny the appeal. Discussion continued between Councilmembers and Mr. Rubin regarding reasons for denying the appeal or staying the appeal. Scott Stetner of Robbins NPB LLC addressed the Council stating that the goal was to work out a plan that everyone would be satisfied with. Discussion continued between Councilmembers on whether to deny the appeal or stay the appeal. Mr. Tuma requested an extension to the middle of May. Mr. Tuma and Mr. Stetner discussed and explained the revisions that they were willing to make to the plans for the proposed 200 Yacht Club Drive project. A motion was made by Councilmember Aubrey and seconded by Vice Mayor Norris to continue to stay the appeal of the Planning Commission's denial of the 200 Yacht Club Drive project to the second Council meeting in May. Thereafter, the motion failed 2 to 3 with Councilmember Aubrey and Vice Mayor Norris voting aye and Mayor Searcy, President Pro Tem Bickel and Councilmember Mullinix voting nay. A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to deny the appeal of the Planning Commission's denial of the 200 Yacht Club Drive Project. Thereafter, the motion passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-02 CODE AMENDMENT — BOARDS AND COMMITTEES A motion was made by President Pro Tem Bickel and seconded by Councilmember Mullinix to - adopt and enact on second reading Ordinance 2023-02 entitled: Minutes of the Village Council Regular Session held January 26, 2023 Page 4 of 8 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-02 CODE AMENDMENT — BOARDS AND COMMITTEES continued AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, `BOARDS AND COMMITTEES," TO LIMIT THE TERM OF THE CHAIRPERSONS, REQUIRE THE SCHEDULING OF MONTHLY MEETINGS AND MODIFY AND SUPPLEMENT THE PROCEDURES FOR REMOVAL OF MEMBERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Green stated that the ordinance had passed on first reading at the previous Council meeting. The ordinance would amend the Village code relating to Village Boards and Committees by revising the code to require that chairpersons rotate on a yearly basis with the ability to return as chair after taking one (1) year off, eliminating the words "endeavor to" in order to require that the boards and committees schedule a monthly meeting, and revising the language regarding absenteeism by providing for an automatic removal of a board or committee member for being absent from three (3) meetings in one year from the time period of May 1St through April 30tH The Village Clerk shall notify the board or committee member of his or her removal and the member may appeal to the Village Manager within ten (10) days. The decision of the Village Manager shall be final. Additionally, language was added to allow the Village Manager to remove a board or committee member for attacking the motives of the other members, Village Staff and Village consultants, for making derogatory, abusive, profane, threatening or vulgar remarks or for any other conduct that, in the Village Manager's sole discretion, reflects poorly upon the Village. Mrs. Green and Mr. Rubin explained that since the first reading of the ordinance language was revised to clarify that the monthly meeting requirement did not apply to the two Pension Boards which meet quarterly and have final decision-making authority and the Planning Commission which generally meets monthly and has final decision-making authority over certain development applications, variances and appeals. Section 2-1(k)(1) was modified to insert the word "advisory" before the term "boards and committees." Mr. Huff asked if the Infrastructure Surtax Committee was included in the boards that would have to meet monthly. Mr. Rubin explained that since the Infrastructure Surtax Committee was considered an oversight committee and was governed by Palm Beach County code it would not be required to meet monthly. Mayor Searcy opened the public hearing. John Samadi, 512 Marlin Road, expressed his concern with the code revision that would allow the Village Manager to remove board members for disorderly conduct. 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 2023-02 passed unanimously. Minutes of the Village Council Regular Session held January 26, 2023 Page 5 of 8 CONSENT AGENDA APPROVED Vice Mayor Norris 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 Environmental Committee meeting held 11/14/22. Receive for file Minutes of the Waterways Board meeting held 11/22/22. RESOLUTION 2023-06 — MINOR PUD AMENDMENT — TABLED 11/14/22 A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bickel to remove from the table Resolution 2023-06 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE PROSPERITY VILLAGE RESIDENTIAL PLANNED UNIT DEVELOPMENT TO MODIFY THE TREE DISPOSITION PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Principle Planner Alex Ahrenholz discussed and explained the details of the proposed amendment. The application was reviewed by the Planning commission on November 1, 2022 with a 7-0 vote to approve the application. Staff was recommended to specify replacement trees at a minimum eight (8) inch wide trunk and twenty-five (25) foot overall height. The application was also reviewed by the Environmental Committee on January 9, 2023. The result was a 5-0 vote to approve the application with the condition that the replacement trees total the combined size of the two trees lost or fifty-six (56) inches of trunk width to be provided around the site. However, the recommendation of the Environmental Committee would require a modification of the original condition of approval and cannot be accomplished through the minor amendment process. Staff was recommending approval of the minor amendment to modify the Tree Disposition Plan, including the minimum trunk width and overall height for the replacement trees as recommended by the Planning Commission. Deborah Cross, 2560 Pepperwood Circle, S expressed her concerns with the proposed amendment and recommended that greenspace and drainage be considered when making amendments. Shawn Woods, 127 Yacht Club Drive, expressed her concerns with the proposed amendment and how the project was handled by the developer at its inception. Ms. Woods stated that the intent of the Environmental Committee's recommendation was to have the developer get as many trees as possible to replace the dimension of trees that were lost. Mayor Searcy asked if more trees could be added. Mr. Rubin explained that the tree disposition plan had already been approved and there was already a condition to address if any trees died and how they would be relocated. The entire project would have to re -opened to make changes to the Tree Disposition Plan. Discussion ensued between Councilmembers and staff regarding the steps that the developer was taking to address the issues with the trees. Thereafter, the motion to adopt Resolution 2023-06 passed unanimously. Minutes of the Village Council Regular Session held January 26, 2023 Page 6 of 8 RESOLUTION 2023-07 — LEISURE SERVICES DEPARTMENT VEHICLE PURCHASE — TABLED 1/12/23 A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to remove from the table Resolution 2023-07 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE TURTLE TOP TERRA TRANSIT BUS FROM ABC TEXAS BUS SALES, INC. D/B/A ABC COMPANIES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING TIPS COOPERATIVE PURCHASING AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Chad Girard explained that the purpose of the resolution was to purchase a new Leisure Services Department Bus to be utilized by the Parks Department for out of town bus trips. The current bus was thirteen (13) years old and in need of replacement. Mr. Girard presented a list of all the bus trips that had been planned for the first five (5) months of the year. The cost to charter a bus for the Vero Beach Thrift Store trip would be $2,183.00. Currently the charge for the trip is $20 per person. If the Village were to charter a bus the cost would be $87.32 per person which was based on an average of twenty-five (25) people who attend that trip. Maintenance costs for a new bus were reviewed and the total cost per year came to approximately $4,000 per year. Discussion ensued between Councilmembers regarding the purchase of a new bus and the possibility of evaluating the charges for the bus trips. Thereafter the motion to adopt Resolution 2023-07 passed unanimously. RESOLUTION 2023-08 — FRONT LOAD TRUCK PURCHASE A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2023-08 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE 2023 PETERBILT FRONT LOAD REFUSE COLLECTION TRUCK FROM SOUTHERN SEWER EQUIPMENT SALES AND SERVICE, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT FOR WASTE AND RECYCLING VEHICLES; DECLARING AN EXISTING SANITATION COLLECTION VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Field Operations Manager, Marc Holloway discussed and explained the purpose for purchasing a new front load truck. The truck would be purchased through Southern Sewer and the truck would not be delivered until approximately May of 2024. Thereafter the motion to adopt Resolution 2023-08 passed unanimously. RESOLUTION 2023-09 — BLANKET PURCHASE ORDER WITH FLYING SCOT, INC. A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2023-09 entitled: Minutes of the Village Council Regular Session held January 26, 2023 Page 7 of 8 RESOLUTION 2023-09 — BLANKET PURCHASE ORDER WITH FLYING SCOT, INC. continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN ADDITIONAL BLANKET PURCHASE ORDER WITH FLYING SCOT INC. FOR SIDEWALK REMOVAL AND REPLACEMENT UTILIZING PRICING ESTABLISHED IN AN EXISTING CITY OF PALM BEACH GARDENS CONTRACT IN THE AMOUNT OF $100,000; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Holloway stated that there was $200,000 in the Construction Budget for sidewalk repair and replacement and $50,000 had already been utilized. To make sure there was enough funds to repair and replace the sidewalks, staff was requesting the issuance of an addition FY 2023 blanket purchase order at a total cost not to exceed $100,000. President Pro Tem Bickel asked if someone could report a damaged sidewalk online. Mr. Holloway stated residents could call Public Works at any time to report a damaged sidewalk and staff would address it right away. Councilmembers recommended that the information that residents can call regarding damaged sidewalks and the phone number to Public Works be included in the monthly newsletter. Thereafter the motion to adopt Resolution 2023-09 passed unanimously. RESOLUTION 2023-10 — KINETIC BREACHING TOOLS PURCHASE FOR POLICE DEPARTMENT A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt Resolution 2023-10 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE SOLE SOURCE PURCHASE OF KINETIC BREACHING TOOLS FROM AARDVARK FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $59,580 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that the purpose of the resolution was a sole source purchase of six (6) kinetic breaching tools for the Village's Police Department. Chief Jenkins stated that the Police Department had several types of breaching tools and this purchase was a cyclical yearly replacement. Thereafter the motion to adopt Resolution 2023-10 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy invited everyone out to the Hot Cars and Chili event that would be taking place on Saturday, January 281h at Anchorage Park. Minutes of the Village Council Regular Session held January 26, 2023 Page 8 of 8 MAYOR AND COUNCIL MATTERS/REPORTS continued Mayor Searcy recommended researching and creating a strategic plan for replacing, remodeling or relocating the Village's facilities. President Pro Tem Bickel agreed that an assessment of the Village's facilities needed to be done. Discussion ensued between Councilmembers regarding an assessment and strategic plan for the Village's facilities. Mr. Huff stated that he would look into some strategies for better utilization of the Village's facilities and bring something back to Council for consideration. Councilmember Mullinix recommended that items that Council and staff receive with the Village's logo such as cooler bags and cups should be branded and marketed to the public. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff congratulated Chad Girard on becoming the new Public Works Director. Mr. Huff gave an update on the re -striping of U.S. Highway 1 southbound and turning west onto Anchorage Drive. Mr. Huff stated that he was able to have FDOT schedule the restriping for the night of Monday, January 30th President Pro Tem Bickel recommended creating a policy for honoring deceased employees who have invested many years in the Village. Mr. Huff gave an update on the Village's plans to celebrate the life of Jane Lerner who recently passed and was an employee of the Village for forty-three (43) years. Mr. Huff agreed that a policy should be created for honoring those who have invested a lot in the Village and have passed on. Discussion ensued between Councilmembers regarding the creation and implementation of a policy for honoring employees or residents who have passed and invested in the Village. Mayor Searcy requested that the item of creating such a policy be placed on a future agenda for discussion. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:59 p.m. J ss ca Green, MMC, Village Clerk