Loading...
03-09-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MARCH 9, 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, 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. AWARDS AND RECOGNITION Mayor Searcy presented a proclamation for Let's Move Palm Beach County Month. A representative from Digital Vibez accepted the proclamation and thanked Council for their support. Mayor Searcy asked for a consensus to rearrange the agenda by hearing the Consent Agenda and hearing a Heritage Day update before the Public Hearing portion of the agenda. Council came to consensus to re -arrange the agenda per Mayor Searcy's request. APPROVAL OF MINUTES The Minutes of the Regular Session held February 9, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Cindy Seaberg & Gilbert Whetstone, 625 Southwind Circle, expressed how pickle ball was a very popular sport and that there was a need for pickle ball courts within the Village. Ms. Seaberg recommended Osborne Park as a place for pickle ball courts to be installed and submitted a petition of signatures from residents who wish to have pickle ball courts installed within the Village. Minutes of the Village Council Regular Session held March 9, 2023 Page 2 of 9 STATEMENTS FROM THE PUBLIC continued Bill Rose, 36 Yacht Club Drive, thanked Council for denying the Robbins LLC appeal of the denial for the proposed 200 Yacht Club Drive project. Mr. Rose expressed concerns regarding the lawsuit filed by Robbins LLC and whether or not the Special Magistrate that will hear the case would be willing to hear and take into consideration the concerns of residents who are opposed to the project. Tim Hullihan, 840 Country Club Drive discussed the marketing analysis that was included in the Village's Master Plan and the new market analysis. Mr. Hullihan stated that any developer that wants to build in the Village should reference the twenty (20) page appendix titled "Principals of Urban Planning". Mr. Hullihan stated that renderings in the Master Plan should also be referenced when there are proposed projects or developments. Chris Ryder, 118 Dory Road South, expressed his concerns that Council has ignored his requests to review and comment on the zoning code changes that were made in the spring of 2020. Mr. Ryder, gave a synopsis of the zoning code changes. Benjamin Schreier, 137 Cruiser Road South, distributed a handout of one of the diagrams in the rendering of the US Highway 1 repurposing proposal of four lanes and recommended that two bicycle lanes were more than necessary and also recommended less lighting and more green space. Mr. Schreier discussed the recent code changes with regards to single-family home setbacks. Mr. Schreier recommended a review and possible change to the setback requirements for homes that were located on the golf course and at Lakeside Park CONSENT AGENDA APPROVED Item 10 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved unanimously. The following items were approved: Resolution approving a Contract to All Florida Tree and Landscape, Inc. for Arboricultural Services at the North Palm Beach Country Club Golf Course at a total cost not to exceed $45,000; and authorizing execution of the Contract. Resolution approving a $25,000 increase in the Blanket Purchase Order issued to GT Supplies, Inc. for a total amount of $50,000 for dumpster repairs. Resolution appointing the Village's Representative and Alternate Representative to the Public Risk Management of Florida ("PRM") Board of Directors. Resolution approving a Contract with Impact Sport Surfaces, Inc. for the resurfacing of the gymnasium floor at the Community Center at a total cost of $62,970; and authorizing execution of the Contract. Resolution approving and ratifying a Memorandum of Understanding with the Palm Beach County Police Benevolent Association, Inc. to amend Article 15 of the Collective Bargaining Agreement pertaining to paid holidays; and authorizing the Village Manager to execute the Memorandum of Understanding. Receive for file Minutes of the Environmental Committee meeting held 1/9/23. Receive for file Minutes of the Recreation Advisory Board meeting held 1/10/23. Receive for file Minutes of the Business Advisory Board meeting held 1/17/23. Receive for file Minutes of the Library Advisory Board meeting held 1/24/23. Minutes of the Village Council Regular Session held March 9, 2023 Page 3 of 9 Heritage Day pdate Mayor Searcy asked Director of Leisure Services Zak Sherman to give an update on the upcoming Heritage Day festivities. Mr. Sherman gave an update and timeline on the upcoming Heritage Day events and festivities that would be taking place on March 31St through Saturday, April 1St PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2023-05 entitled: ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO FACILITATE REDEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Mullinix and seconded by Vice Mayor Norris to adopt on first reading Ordinance 2023-06 entitled: ORDINANCE 2023-06 CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-34.1 TO REVISE THE ZONING REGULATIONS FOR THE C-3 REGIONAL BUSINESS DISTRICT TO FACILITATE REDEVELOPMENT AND PROVIDE FOR A NEW PLANNED UNIT DEVELOPMENT PROCEDURE; AMENDING SECTION 45-35.1, "PLANNED UNIT DEVELOPMENT," TO ALLOW FOR USE BY PROPERTIES WITHIN THE C-3 ZONING DISTRICT UNDER SPECIFIED CIRCUMSTANCES; AMENDING ARTICLE VII, "NONCONFORMING USES OF LAND AND STRUCTURES," BY AMENDING SECTION 45-65 TO REMOVE A REFERENCE TO THE C-3 ZONING DISTRICT; AMENDING ARTICLE VIII, "LANDSCAPING," BY AMENDING SECTIONS 45-90, "LANDSCAPE REQUIREMENTS FOR SITE PERIMETERS," AND SECTION 45-91, "LANDSCAPE REQUIREMENTS FOR BASE OF FOUNDATION," TO MODIFY THE REQUIREMENTS FOR THE C-3 ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Alex Ahrenholz, Principal Planner began a presentation to explain the purpose of the ordinances. Mr. Ahrenholz presented maps of the area and properties that would be affected by the proposed Twin Cities Mall project. Mr. Ahrenholz presented pictures and discussed the existing site conditions uses that were adjacent to the site. Mr. Ahrenholz discussed and explained the C-3 Zoning District of the Village's Zoning Map. Mr. Ahrenholz gave an overview of the site's history and a map that showed the developmental changes from past to present. Mr. Ahrenholz discussed and explained how the site had the opportunity to connect to surrounding neighborhoods and provide a pedestrian -oriented gathering place once again. Minutes of the Village Council Regular Session held March 9, 2023 Page 4 of 9 ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT continued ORDINANCE 2023-06 CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS continued Mr. Ahrenholz gave a timeline and background of input and studies that had taken place from 2016 to present with regards to the proposed development of the site. Mr. Ahrenholz discussed and explained the 2016 Citizen's Master Plan, the Market Study, Treasure Coast Regional Planning Council Report, the Town of Lake Park's regulations, the comparison of floor area ratio and residential density between the Town of Lake Park and the Village. Mr. Ahrenholz continued by discussing the building area, allowable height in the Village, bookend height, height comparisons with other surrounding municipalities, a height analysis, regulating plan and frontages versus existing frontages. Mr. Ahrenholz continued by discussing the Comprehensive Plan, reviewing the history of the proposed project and the Planning Commission's approval with one (1) condition which was that language added to section 10.a.4 (threshold for use of these provisions) "The project provides additional public benefits in the form of enhanced landscaping, the creation of functional living, shopping and/or working environments, or innovative architectural design." Mr. Ahrenholz concluded the presentation by reviewing the schedule for steps that would be taken toward implementing the proposed project and stated that staff's analysis concluded that the regulations were consistent with the Citizen's Master Plan, Market Study, Comprehensive Plan as amended, Lake Park Regulations and the TCRPC Report. Planning Commission recommended a 6 to 0 approval of Village initiated amendments. Mayor Searcy opened the public hearing on the Comprehensive Plan Amendment and the C-3 Regional Business District Zoning Regulations Amendment. These residents addressed the Council with their concerns and suggestions for the proposed Twin Cities Mall Site project: Mary Phillips, 525 Ebbtide Drive Ryan Nagel, 136 Cruiser Road South Deborah Cross, 2560 Pepperwood Circle S Rita Budnyk, 804 Shore Drive Bill Rose, 36 Yacht Club Drive Diane Smith, 32 Yacht Club Drive Tim Hullihan, 840 Country Club Drive Lisa Jensen, 606 Shore Road Chris Ryder, 118 Dory Road South These residents gave their input and expressed their support of the proposed Twin Cities Mall Site project: Susan Thomas, 716 Nighthawk Way Benjamin Schreier, 137 Cruiser Road South Mayor Searcy read nine (9) public comments that were submitted online through the Village website from the following residents who expressed concerns and/or opposition to the proposed Twin Cities Mall Site project: Hank Haeseker, 808 Harbour Isles Place Kim Jones, 747 Tradewind Drive Donald Grill, 840 U.S. Hwy 1, Suite 405 Josh Murray, 1037 Country Club Drive Carla Watson, 540 Inlet Road Noe X. Guerra, 420 U.S. Highway 1, Suite 23 Rene' Carr, 517 Quadrant Road Tom Twyford, 921 Laurel Road Amy Bierer, 532 Gulf Road Minutes of the Village Council Regular Session held March 9, 2023 Page 5 of 9 ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT continued ORDINANCE 2023-06 CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS continued Mayor Searcy read three (3) public comments that were submitted online through the Village website from the following residents who gave their input and expressed their support of the proposed Twin Cities Mall Site project: Jesse Parrish, 744 Westwind Drive Erik Cooper, 406 Oyster Road Robert Rennebaum, 928 Shore Drive Mayor Searcy read an email from Bill Spikowski, FAICP of Spikowski Planning Associates regarding his review and analysis of the language in the Comprehensive Plan Amendment and the C-3 Regional Business District Zoning Regulations Amendment. There being no further comments from the public, Mayor Searcy closed the public hearing. Councilmember Mullinix discussed and expressed his support of the proposed Twin Cities Mall Site project. President Pro Tem Bickel stated that she was generally in support of the Twin Cities Mall Site project with concerns regarding density, height, floor area ratio, mezzanines, roof top amenities and motels or time share units. President Pro Tem Bickel stated that trees needed to be defined in the proposed project. Vice Mayor Norris asked what height the developer had a right to. Mr. Rubin explained that the developer would have to meet the minimum threshold criteria and would have the right to a fifty foot (50) height under the old regulations. Discussion ensued between Mr. Rubin and Vice Mayor Norris regarding the developers' rights versus the rights of Council to approve or deny the proposed project. Vice Mayor Norris discussed and explained his support of the Twin Cities Mall Site project and recommended special meetings and workshops so that residents can give their input on the proposed project. Vice Mayor Norris indicated that the code language on page 26 of 36, paragraph 6, should state "all other sidewalks" instead of all sidewalks when referencing sidewalks should be a minimum of 6 feet. Councilmember Aubrey discussed and explained his support of the Twin Cities Mall Site project. Mayor Searcy discussed and explained her support of the Twin Cities Mall Site project. Mayor Searcy discussed and explained the process by which the developer would need to go through in order to get the proposed project implemented. Mayor Searcy referred to the code language and stated that on page 6 of 36 a minimum of five shade trees should be added and 10 feet should state 10 square feet. Discussion ensued between Mr. Rubin and Councilmembers regarding potential revisions to the code language that would relate to the proposed Twin Cities Mall Site project. Minutes of the Village Council Regular Session held March 9, 2023 Page 6 of 9 ORDINANCE 2023-05 COMPREHENSIVE PLAN AMENDMENT continued ORDINANCE 2023-06 CODE AMENDMENT — C3 REGIONAL BUSINESS DISTRICT ZONING REGULATIONS continued Thereafter, the motion to adopt on first reading Ordinance 2023-05 passed 4 to 1 with Mayor Searcy, Vice Mayor Norris, Councilmember Aubrey and Councilmember Mullinix voting aye and President Pro Tem Bickel voting nay. Thereafter, the motion to adopt on first reading Ordinance 2023-06 passed 4 to 1 with Mayor Searcy, Vice Mayor Norris, Councilmember Aubrey and Councilmember Mullinix voting aye and President Pro Tem Bickel voting nay. RESOLUTION 2023-20 — COMPREHENSIVE PAY PLAN AMENDMENT A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Norris to adopt Resolution 2023-20 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2023 BUDGET TO REVISE POSITIONS WITHIN THE POLICE DEPARTMENT, COMMUNITY DEVELOPMENT DEPARTMENT AND PARKS AND RECREATION DEPARTMENT, ADD NINE SEASONAL CAMP COUNSELORS IN THE PARKS AND RECREATION DEPARTMENT AND ADD A DEPUTY VILLAGE MANAGER POSITION IN THE VILLAGE MANAGER'S OFFICE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. President Pro Tem Bickel stated that she pulled the resolution from consent since it was an organizational change that should have discussion. Mayor Searcy concurred and agreed that since the resolution would add a Deputy Village Manager position, it was a significant structural or organizational change to the Village. A motion was made by Councilmember Mullinix to amend Resolution 2023-20 by removing the Deputy Village Manager position. Mayor Searcy passed the gavel to Vice Mayor Norris and seconded the motion. Discussion ensued between Councilmembers regarding when and if they would have any input or could make decisions regarding the Deputy Village Manager position. Councilmember Mullinix and Mayor Searcy rescinded their motions to amend Resolution 2023-20. Thereafter, the original motion to adopt Resolution 2023-20 as written passed unanimously. Mayor Searcy announced that Item Number 5, Public Hearing and Second Reading of Ordinance 2023-04 — Code Amendment — Noise Control had been pulled from the agenda and would not be heard. Minutes of the Village Council Regular Session held March 9, 2023 Page 7 of 9 RESOLUTION 2023-22 — VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS A motion was made by President Pro Tem Bickel and seconded by Councilmember Aubrey to adopt Resolution 2023-22 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REAPPOINTING MEMBERS TO THE BUSINESS ADVISORY BOARD, ENVIRONMENTAL COMMITTEE, GENERAL EMPLOYEES PENSION BOARD, GOLF ADVISORY BOARD, INFRASTRUCTURE SURTAX COMMITTEE, LIBRARY ADVISORY BOARD, PLANNING COMMISSION, RECREATION ADVISORY BOARD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Jessica Green explained that there were thirty-five (35) board and committee members whose terms were expiring on April 30, 2023. These board and committee members were notified by the Village Clerk's office and asked to complete and submit an updated Advisory Board Application if they wanted to be considered for re -appointment. The notification advised that if an updated application was not submitted by the deadline provided, re -appointment to the board would not be considered. The results of the notification were as follows: • 27 members requested re -appointment and submitted completed applications, 1 of those members was found to be ineligible for re -appointment. • 3 members declined re -appointment • 5 members did not respond Councilmember Mullinix expressed his concerns that some of the members who had served on boards for many years and made many contributions decided not to renew or be considered for reappointment and hoped that it was not due to their perception of the newly updated reappointment process. Councilmember Mullinix recommended that one person should not serve on more than one board because there were many residents that have expressed interest in serving on a board or committee. Discussion ensued between Mr. Huff and Councilmembers regarding the boards or committees that have an overlap of membership. Mayor Searcy discussed and explained her concerns with the Village's Advisory Board and Committee appointment and reappointment process. Discussion continued between Councilmembers regarding the Village's Advisory Board and Committee appointment and reappointment process. Thereafter, the motion to adopt Resolution 2023-22 passed unanimously. The names of those reappointed to Village Boards and Committees were entered into Resolution 2023-22 as follows: Business Advisory Board: Veronica Frehm, Ronald Lantz and David Talley. Environmental Committee: Ellen Allen, Mary Phillips and Shawn Woods. Minutes of the Village Council Regular Session held March 9, 2023 Page 8 of 9 General Employees Pension Board: Alan Kral Golf Advisory Board: Sandra Felis, Steve Mathison, Richard Pizzolato, Landon Wells and Curtis Witters. Infrastructure Surtax Committee: Cathy Graham, Karen Marcus, Mary Phillips and Patricia Sullivan. Library Advisory Board: Brad Avakian, Christine DelGuzzi, Bonnie Jenkins and Phyllis Wissner. Planning Commission: Cory Cross, Kathryn Dewitt, Jonathan Haigh, Scott Hicks and Donald Solodar. Recreation Board: Mia St. John RESOLUTION 2023-23 — FEE CONTRACT FOR LABOR SERVICES A motion was made by Councilmember Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2023-23 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A. FOR LABOR SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that Mr. Jim Cherof who has performed collective bargaining services on behalf of the Village since 1997 requested approval of a new Attorney -Client Fee Contract at a rate of $250 per hour. The current hourly rate was $150 per hour and had not been increased since 2003. Discussion ensued between Mr. Rubin and Councilmembers regarding the new hourly rate requested by Mr. Cherof. Thereafter, the motion to adopt Resolution 2023-23 passed unanimously. RESOLUTION 2023-24 — POND BANK REPAIR AND STABILIZATION CONTRACT A motion was made by Vice Mayor Norris and seconded by Councilmember Mullinix to adopt Resolution 2023-24 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM BRIGHTVIEW GOLF MAINTENANCE, INC. FOR POND BANK REPAIR AND STABILIZATION AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained that the proposed contract with BrightView Golf Maintenance, Inc. was for 1000 linear feet of pond bank repair and stabilization between Hole 9 and Hole 18. Thereafter, the motion to adopt Resolution 2023-24 passed unanimously. Minutes of the Village Council Regular Session held March 9, 2023 Page 9 of 9 MAYOR AND COUNCIL MATTERS/REPORTS Mayor Searcy stated that the Environmental Committee was requesting a permit for tree removal from swales. The committee was concerned about safety and having the proper contractors doing the removal. Discussion ensued between Mr. Huff and Councilmembers regarding trees in swales and if permits were necessary for removal. President Pro Tem Bickel recommended a swale beautification plan. Mayor Searcy requested that the loose board under the dais be fixed. Mayor Searcy asked if the Consent portion of the Council Meeting agendas could be moved up to earlier in the meeting. Mr. Rubin stated that the Council agenda order was written into the Village Code and that is was unusual for the order of the agenda to be written into a municipalities' code. Most municipalities do not have their meeting agendas dictated by their Code of Ordinances. Council came to consensus to have the order of the Council meeting agenda removed from the Village Code of Ordinances. Councilmember Mullinix recommended that annexation be brought back for review and consideration. Discussion ensued between Mr. Huff, Mr. Rubin and Councilmembers regarding possibilities for annexation. Councilmember Mullinix recommended writing and implementing a code regarding contractors parking at work sites. President Pro Tem Bickel recommended having a Code Enforcement Officer to work on the weekends. Mr. Huff gave an update on the loss and the hiring of new Code Enforcement Officers. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff reminded Council that there was a Special Council Meeting scheduled for the next week on March 16tH ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:36 p.m. Jes a Green, MMr, Village Clerk