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06-08-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 8, 2023 Present: David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Deborah Searcy, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Mark Mullinix, Councilmember ROLL CALL Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present except for Councilmember Mullinix who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Special Session held May 17, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Chris Ryder, 118 Dory Road S, expressed concern that there were several Planning Commission meeting minutes that had not been uploaded to the Village website. Mr. Ryder expressed concern that there had been instances where Council did not declare ex parte communications when it was necessary. Mr. Ryder continued where he left off from his overview of changes that were made to the Village code during the spring of 2020. John Samadi, 512 Marlin Road, expressed his concerns with Village Manager Chuck Huff. Mayor Norris announced that Senator Bobby Powell could not attend the meeting to give the 2023 Legislative Session Update and that would reschedule the update for another Council meeting. CONSENT AGENDA APPROVED Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Aubrey seconded the motion, which passed with all present voting aye. The following items were approved: Minutes of the Village Council Regular Session held June 8, 2023 Page 2 of 6 CONSENT AGENDA APPROVED continued Resolution approving a proposal from Advanced Recreational Concepts, LLC for the purchase of a new shade canopy for the Community Center and approving a proposal from Play Space Services, Inc. for the installation of new canopy at a total cost of $6,494; and authorizing execution of the Contracts. Resolution approving an Amendment to the Contract for Tree/Palm Trimming and Pruning Services with Precision Landscape Company of Palm Beach County, Inc. increasing the total and cumulative amount of the Contract for the remaining two years by $50,000, at a total cost of $100,000; and authorizing execution of the Amendment. Receive for file revised Minutes of the Business Advisory Board meeting held 2/21/23. Receive for file Minutes of the Library Advisory Board meeting held 3/28/23. Receive for file Minutes of the Library Advisory Board meeting held 4/25/23. Receive for file Minutes of the Audit Committee meeting held 5/24/23. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF ORDINANCE 2023-08 CODE AMENDMENT — GOLF ADVISORY BOARD A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to adopt and enact on second reading Ordinance 2023-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE Il, "GOLF ADVISORY BOARD," OF CHAPTER 9, "COUNTRY CLUB," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 9-17 TO REVISE THE COMPOSITION AND TERMS OF THE GOLF ADVISORY BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Head Golf Professional Allan Bowman explained the purpose of the changes to the Golf Advisory Board's composition and terms. Mayor Norris opened the public hearing. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-08 passed with all present voting aye. ORDINANCE 2023-09 CODE AMENDMENT — C -MU US -1 MIXED USE DISTRICT A motion was made by President Pro Tem Aubrey and seconded by Councilmember Searcy to adopt on first reading Ordinance 2023-09 entitled: 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 Minutes of the Village Council Regular Session held June 8, 2023 Page 3 of 6 ORDINANCE 2023-09 CODE AMENDMENT — C -MU US -1 MIXED USE DISTRICT continued SECTION 45-31, "C -MU US -1 MIXED USE DISTRICT," TO PROVIDE ADDITIONAL SETBACKS FOR THE PROTECTION AND PRESERVATION OF THE VILLAGE'S RESIDENTIAL SINGLE-FAMILY NEIGHBORHOODS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Community Development Director Caryn Gardner -Young began a presentation on the C -MU Zoning Text Amendment. Mrs. Gardner -Young discussed and explained that staff was requesting to provide additional building setbacks for the C -MU Zoning District based upon building height to address unforeseen and unintended consequences of changes to state law. Mrs. Gardner -Young continued by discussing the proposed text language and explained that the maximum height in the C -MU was four (4) stories and that a waiver could be requested to allow five (5) stories on land north of Anchorage. Mrs. Gardner -Young gave an example of what the setbacks would be for buildings between three (3) and eight (8) stories. The proposed language was reviewed and determined to be consistent with the Village's Comprehensive Plan. Staff was recommending approval of the proposed ordinance and the Planning Commission was also recommending approval but recommended that the Village Council consider a longer setback of seventy-five (75) feet. Mr. Rubin discussed the proposal of a seventy-five (75) foot setback. Mr. Rubin explained that the setback could be made a little larger and that any change that Council wished to make to the setbacks could be made between first and second reading of the ordinance. Chris Ryder, 118 Dory Road S, expressed his concerns and recommended amending codes for other zoning districts within the Village. Mr. Ryder expressed concern that he could not locate public notices, agendas or minutes for the Ad -Hoc Residential Code Revision Committee. Discussion ensued between Mr. Rubin and Council regarding setbacks and zoning districts that could be amended. Thereafter, the motion to adopt on first reading Ordinance 2023-09 passed with all present voting aye. RESOLUTION 2023-44 — MILLING AND RESURFACING CONTRACT A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt Resolution 2023-44 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM RANGER CONSTRUCTION INDUSTRIES, INC. FOR MILLING AND RESURFACING OF SPECIFIED VILLAGE ROADWAYS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING ANNUAL MILLING AND RESURFACING CONTRACT WITH PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Assistant Public Works Director Jamie Mount discussed and explained the purpose of the resolution. Mr. Mount explained that the contract for the milling and resurfacing would be a "piggyback" of the Palm Beach County's Annual Milling & Resurfacing Contract, which was originally bid in 2021. This resulted in asphalt prices being significantly lower than current -day asphalt prices. Minutes of the Village Council Regular Session held June 8, 2023 Page 4 of 6 LUTION 2023-44 — MILLING AND RESURFACING CONTRACT continued Out of the three contractors awarded participation contracts in the PBC contract, only Ranger Construction Industries agreed to honor contract prices. Staff requested a proposal from Ranger Construction to provide the Village's milling and resurfacing services. Ranger was requesting mobilization costs in the amount of $13,500 since the PBC contract did not address mobilization costs. Utilizing Ranger's services would result in a total cost savings of roughly $70,000. John Samadi, 512 Marlin Road, expressed his concerns with previous studies that were done regarding Village roads and the proposed contract for milling and resurfacing. Mr. Samadi gave his recommendations for the proposed project. Discussion ensued between Mr. Mount and Councitmembers regarding the milling and resurfacing project. Thereafter the motion to adopt Resolution 2023-44 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS President Pro Tem Aubrey stated that he and Director of Leisure Services Zak Sherman met with residents regarding Lakeside Park. There were concerns regarding parking, traffic and behavior in the park and the information was given to Mr. Huff. President Pro Tem Aubrey recommended that Council revisit and discuss the issues related to Lakeside Park. Vice Mayor Bickel stated that she had received complaints from residents regarding aggressive solicitors within the Village. Vice Mayor Bickel asked what the Village policy was regarding solicitors. Mr. Huff explained that it was the Code Compliance Department's responsibility to check if the solicitors have a permit. If a situation with a solicitor escalated, the Police Department may get involved. There is a permit that a solicitor must apply and qualify for in order to solicit door to door within the Village. Councilmember Searcy asked Police Chief Jenkins what a resident should do if they were being solicited by an unpermitted and/or aggressive solicitor. Chief Jenkins recommended that education material regarding solicitors be sent out via social media, the newsletter and the website. Chief Jenkins stated that if a resident at any time felt unsafe around a solicitor, that they should contact the Police Department. Councilmember Searcy asked Village Clerk Jessica Green why the Planning Commission and Ad -Hoc Residential Code Revision Committee minutes were not on the Village's website. Mrs. Green explained that the Planning Commission and Ad -Hoc Residential Code Revision Committee minutes were not on the website because they had not yet been transcribed by a staff member of the Community Development Department. Mayor Norris asked Mrs. Green about the Public Notices for the Ad -Hoc Residential Code Revision Committee. Minutes of the Village Council Regular Session held June 8, 2023 Page 5 of 6 MAYOR AND COUNCIL MATTERS/REPORTS continued Mrs. Green explained that the Public Notices for the notices for the Ad -Hoc Residential Code Revision Committee were posted on both the inside and outside bulletin boards located at Village Hall. The meetings were also scheduled on the Village's website calendar. Councilmember Searcy stated that agenda backup for the 2021 Planning Commission meetings were missing from the website. Mr. Huff and Mrs. Green stated that they would check with the Community Development Department to locate the missing Planning Commission agenda backup materials. Vice Mayor Bickel and Councilmember Searcy asked Communications Director Ed Cunningham when the revised website was scheduled to launch. Mr. Cunningham stated that Civic Plus was in the process of recreating the website and that it should be done within a few months. Mr. Cunningham stated that a date for the launch had not been given and that he would check back with Civic Plus to get a more definitive time frame. Councilmember Searcy asked Director of Leisure Services Zak Sherman to give a status on the tornado damage recovery efforts at the Community Center. Mr. Sherman gave an update on the tornado damage recovery efforts at the Community Center. Mr. Sherman stated that most of the quotes have been obtained, and he was awaiting the insurance company to assess the damages. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff stated that he was collecting data for a parking analysis at Lakeside Park and would bring back the information for discussion at the next Council meeting. Mr. Huff stated that he had conversations with Council regarding the time of Special Magistrate hearings. Mr. Huff was recommending moving the hearing time to an earlier time of the day since it would benefit the residents and businesses. Mr. Huff recommended moving the Special Magistrate hearing time to 8 a.m., 9 a.m. or 3 p.m. Council came to consensus to move the Village's Special Magistrate hearing time from 5:30 p.m. to 9 a.m. Mr. Huff read a letter he received from Leanne Barbato, 505 Marlin Road. In her letter, Ms. Barbato commended Jeff Gallasch, an employee of the Village's Solid Waste Department for his help, patience and kindness. Mr. Huff stated that he received the Village employees' health and dental insurance renewal rate from Gehring Group and there was no increase for health insurance. Dental insurance would only increase by 3%. Mr. Huff stated that he would like to move forward with renewing the Village employees' health and dental insurance. Council came to consensus to have staff move forward with renewing the employees' health and dental insurance with Gehring Group. Minutes of the Village Council Regular Session held June 8, 2023 Page 6 of 6 ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:49 p.m. J s ica Green, MMC, Village Clerk