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06-22-2023 VC REG-MPresent: Absent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 22, 2023 David B. Norris, Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Mark Mullinix, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Susan Bickel, Vice Mayor Deborah Searcy, Councilmember Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present except for Vice Mayor Bickel and Councilmember Searcy who were out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Norris gave the invocation and President Pro Tem Aubrey led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held June 8, 2023 were approved as written. STATEMENTS FROM THE PUBLIC Gina A. Levesque, CFE of the Palm Beach County Commission on Ethics gave an annual overview and information regarding the importance of ethics in local government and discussed the practices and purpose of the Palm Beach County Commission on Ethics as well as where to find information on ethics and contact information. Chris Ryder, 118 Dory Road S, expressed concern that Ms. Levesque was given the opportunity to speak before he could come up to speak on public comment. Mr. Ryder continued where he left off from his overview of changes that were made to the Village code during the spring of 2020. Jack Baldwin, 753 Lagoon Drive, expressed his concerns regarding vehicles parking in swales. Minutes of the Village Council Regular Session held June 22, 2023 Page 2 of 6 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF 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 Mullinix to adopt and enact on second 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 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 stated that the ordinance was being presented for a second reading and 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 stating that proposed text language was added since the first reading of the ordinance which read "These setbacks shall apply wherever height limitations are depicted on the regulating plan (figures 1-4)". Mrs. Gardner -Young 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. Mrs. Gardner -Young stated that Village Council recommended approval of the ordinance on first reading as presented by Village staff with the Village Attorney to determine if a longer rear setback is possible and clarifying the rear setback. Mr. Rubin discussed and explained the proposed seventy-five (75) foot setback. There being no comments from the public, Mayor Norris closed the public hearing. Thereafter, the motion to adopt and enact on second reading Ordinance 2023-09 passed with all present voting aye. ORDINANCE 2023-10 CODE AMENDMENT — ARTIFICIAL TURF/SYNTHETIC G A motion was made by President Pro Tem Aubrey and seconded by Councilmember Mullinix to adopt on first reading Ordinance 2023-10 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 ADOPTING A NEW SECTION 45-29, "ARTIFICIAL TURF/SYNTHETIC GRASS;" PROVIDING FOR PERMITTED LOCATIONS; PROVIDING FOR MATERIAL STANDARDS AND SPECIFICATIONS; PROVIDING REGULATIONS FOR INSTALLATION, MAINTENANCE Minutes of the Village Council Regular Session held June 22, 2023 Page 3 of 6 ORDINANCE 2023-10 CODE AMENDMENT — ARTIFICIAL TURF/SYNTHETIC GRASS continued AND REPAIR; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Gardner -Young began a presentation regarding the proposed artificial turf text amendment. Mrs. Gardner -Young explained that Village staff and residents were requesting to adopt a new section in the Village code addressing the ability of residents to install artificial turf/synthetic grass on their private property. Mrs. Gardner -Young stated that the current code was silent to artificial turf/synthetic grass. Mrs. Gardner -Young reviewed and discussed the advantages and disadvantages of artificial turf. The proposed language was reviewed and determined to be consistent with the Village's Comprehensive Plan. Staff was recommending approval of the proposed ordinance to establish regulatory guidelines to set limitations on artificial turf usage to fit within the Village's values, address installation standards, and create a permitting process. The Planning Commission recommended approval of the ordinance as presented by Village staff but to remove the sunset provisions, coverage percentage and permit only sand and organic infill. Deborah Cross, 2560 Pepperwood Circle S, expressed her concerns regarding artificial turf and gave her recommendations for alternatives. Discussion ensued between Mr. Rubin and Councilmembers regarding conflicting language in the ordinance regarding the requirement of the artificial material manufactured of polyethylene monofilament and the restriction of indoor or outdoor plastics in the ordinance. Mr. Rubin and Mrs. Gardner -Young clarified and stated that the reference to polyethylene monofilament was a reference from ordinances of other municipalities and the prohibition of indoor or outdoor plastics intended to prohibit plastic or nylon carpeting as a replacement for properly manufactured artificial turf. Discussion ensued between Mr. Rubin and Councilmembers regarding recommendations for clarifying language in the proposed ordinance. Thereafter, the motion to adopt on first reading Ordinance 2023-10 passed with all present voting aye. CONSENT AGENDA APPROVED Councilmember Mullinix 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: Resolution approving a Federally Funded Subaward and Grant Agreement with the State of Florida Division of Emergency Management for the receipt of FEMA Grant Funds for costs and damages incurred during Hurricane Nicole; and authorizing the Village Manager to execute the agreement on behalf of the Village. Resolution approving the Sole Source purchase of a complete E -Key System from the Knox Company for use by the Fire Rescue Department at a total cost of $49,686.49; and authorizing the Village Manager to execute the required agreement and take all steps necessary to effectuate the purchase. Resolution approving a Blanket Purchase Order for various Village departments with Precision Landscape Company of Palm Beach County, Inc. in an amount not to exceed $150,000; for miscellaneous landscaping and grounds maintenance services. Minutes of the Village Council Regular Session held June 22, 2023 Page 4 of 6 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Golf Advisory Board meeting held 5/8/23. Receive for file Minutes of the Recreation Advisory Board meeting held 5/9/23. RESOLUTION 2023-48 — COMMUNITY CENTER SOD AND SOIL REPLACEMENT & NEW FIELD IRRIGATION CONTRACT A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt Resolution 2023-48 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM HAVERLAND AG INNOVATIONS, INC. TO REPLACE SOD AND SOIL DAMAGED BY THE TORNADO AND PROVIDE NEW FIELD IRRIGATION AT THE COMMUNITY CENTER 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. Director of Leisure Services Zak Sherman discussed and explained the purpose of the resolution. The Community Center grounds experienced significant tornado damage and as a result needed sod, soil and irrigation replacement. Staff was recommending the acceptance of the proposal submitted by Haverland Ag Innovations, Inc. to replace sod, soil and provide new field irrigation in an amount not to exceed $171,737.36. Thereafter the motion to adopt Resolution 2023-48 passed with all present voting aye. RESOLUTION 2023-49 — COMMUNITY CENTER NEW ATHLETIC FIELD AND BASKETBALL COURT LIGHTING CONRACT A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt Resolution 2023-49 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A CONTRACT WITH MUSCO SPORTS LIGHTING, LLC FOR THE PURCHASE AND INSTALLATION OF NEW ATHLETIC FIELD AND BASKETBALL COURT LIGHTING AT THE COMMUNITY CENTER TO REPLACE TORNADO DAMAGED SYSTEMS UTILIZING PRICING ESTABLISHED IN AN EXISTING SOURCEWELL AGREEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Sherman discussed and explained the purpose of the resolution. The Community Center grounds experienced significant tornado damage and as a result needed replacement of lighting for the athletic fields and basketball court. Staff was recommending the acceptance of a proposal from Musco Sports Lighting, LLC to purchase and install new athletic field and basketball court LED lighting at a total cost not to exceed $443,028. Thereafter the motion to adopt Resolution 2023-49 passed with all present voting aye. Minutes of the Village Council Regular Session held June 22, 2023 Page 5 of 6 RESOLUTION 2023-50 — POLICE VEHICLES PURCHASE A motion was made by President Pro Tem Aubrey and seconded by Councilmember Mullinix to adopt Resolution 2023-50 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF FOUR CHEVROLET TAHOE SPORT UTILITY POLICE PATROL VEHICLES FROM DUVAL CHEVROLET PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA SHERIFFS ASSOCIATION CONTRACT AND EQUIPPED BY DANA SAFETY SUPPLY, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CITY OF MIAMI CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Chad Girard explained that the purpose of the resolution was to purchase four (4) Police Department Patrol vehicles. During the Fiscal Year 2024 budgetary process, the Police Department identified the need for vehicles and as a result of limited supply, staff was requesting that the vehicles be procured prior to Fiscal Year 2024 utilizing funds held in the Village's Special Projects Fund and purchased at a total cost of $263,796. Thereafter the motion to adopt Resolution 2023-50 passed with all present voting aye. RESOLUTION 2023-51 — POLICE BOAT ENGINES PURCHASE A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey to adopt Resolution 2023-51 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF TWO MERCURY OUTBOARD ENGINES FOR THE POLICE DEPARTMENT'S MARINE2 PATROL BOAT FROM NICK'S CREATIVE MARINE, INC.; WAIVING THE VILLAGE'S PURCHASING POLICIES; AUTHORIZING THE SURPLUS OF THE EXISTING ENGINES; AND PROVIDING FOR AN EFFECTIVE DATE. Police Chief Richard Jenkins explained that the engines in the Marine 2 patrol boat were out of warranty and in need of replacement. Thereafter the motion to adopt Resolution 2023-51 passed with all present voting aye. COUNCIL AND ADMINISTRATION MATTERS MOTION — Designating a voting delegate for the Florida League of Cities Conference. Discussion ensued between Councilmembers regarding the designation of a voting delegate for the Florida League of Cities Conference that would be taking place in August. Council came to consensus to postpone the motion to the next Council meeting on July 13. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix asked if it were possible to increase the number of golf memberships available at the Country Club. Minutes of the Village Council Regular Session held June 22, 2023 Page 6 of 6 MAYOR AND COUNCIL MATTERS/REPORTS continued Discussion ensued between Head Golf Professional Alan Bowman and Councilmembers regarding the possibility of increasing golf memberships. Mayor Norris asked if parking in the swales would be addressed. Mr. Huff stated that he and Mrs. Gardner -Young were working on an ordinance for restricting parking in swales and would be bringing the item back to a future meeting for consideration. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff announced that the next Fourth of July event would be taking place at the Country Club. Mr. Huff asked Assistant Public Works Director Jamie Mount to give an update on the repairs of the U.S. Highway 1 Bridge, and Prosperity Farms Road Bridge. Mr. Mount gave an update on two (2) bridge projects within the Village. Mr. Mount explained that the U.S. Highway 1 Bridge was the responsibility of the Florida Department of Transportation and the Prosperity Farms Road Bridge was the responsibility of Palm Beach County. Mr. Mount stated that the letting date for the U.S. Highway 1 Bridge was September 27, 2023. The letting is the opening of bids and selection of a proposal. The start date for the U.S. Highway 1 Bridge was scheduled for February 2024. Mr. Huff stated that the duration of the project for the U.S. Highway 1 Bridge would be approximately eighteen (18) months. The bridge would not be closed during the construction. Councilmember Mullinix asked if both bridges would be under construction at the same time. Mr. Mount stated that Palm Beach County has not provided construction dates for the Prosperity Farms Road Bridge and that they were currently in the permitting stages of the project. Mr. Mount stated that he would follow up with Palm Beach County to see if he can get an estimated time frame for the start of the bridge project. Discussion ensued between Mr. Mount, Mr. Huff and Councilmembers regarding the projected dates for the U.S. Highway 1 Bridge, and Prosperity Farms Road Bridge. Council requested that the construction on the two (2) bridges not take place at the same time. Mr. Mount stated that he would communicate Council's request to FDOT and Palm Beach County. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:19 p.m. Je ca Green, MMC, Village Clerk