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07-27-2023 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 27, 2023 Present: David B. Norris, Mayor Susan Bickel, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Mark Mullinix, Councilmember Deborah Searcy, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Norris 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 Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge. Mayor Norris announced that Item Number 11, Resolution - Country Club Golf Course Netting Installation had been pulled from the agenda and that a Resolution approving an Interlocal Agreement with Palm Beach County for use of grant funds to purchase emergency medical services equipment was added to the agenda. APPROVAL OF MINUTES The Minutes of the Regular Session held July 13, 2023 were approved as written. CONSENT AGENDA APPROVED President Pro Tem Aubrey moved to approve the Consent Agenda. Vice Mayor Bickel seconded the motion, which passed unanimously. The following items were approved: Resolution approving a Blanket Purchase Order for the Public Works Department with GT Supplies, Inc. in the total amount of $75,000 for dumpster repairs. Resolution accepting a proposal from Integrity Landscape, LLC for swale renovations on specified Village roadways at a total cost of $32,300; and authorizing execution of the Contract. Receive for file Minutes of the Environmental Committee meeting held 6/5/23. Receive for file Minutes of the Waterways Advisory Board meeting held 6/27/23. Minutes of the Village Council Regular Session held July 27, 2023 Page 2 of 6 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS ORDINANCE 2023-10 CODE AMENDMENT — ANCHORAGE PARK LAUNCH RAMP STI A motion was made by Councilmember Mullinix and seconded by President Pro Tem Aubrey 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 II, "BOAT LAUNCHING AREA," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 5-33 TO MODIFY THE REQUIRED LOCATION FOR ANCHORAGE PARK LAUNCH RAMP STICKERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Director of Leisure Services Zak Sherman explained the reason for the code amendment. The Waterways Board and the Recreation Advisory Board had recommended changing the code that related to the placement of launch ramp stickers on vehicles using the boat ramp at Anchorage Park. The current ordinance states that all vehicles must have a Village launch ramp sticker permanently affixed to the vehicle, visible from behind. The proposed revision would specify that the launch ramp sticker should be permanently affixed to the driver side trailer tongue. Councilmember Searcy expressed her concern regarding semi -trucks using the boat launch ramps to load building supplies. Mr. Sherman explained and discussed steps that the Recreation Department was taking to monitor and address the situation. Discussion ensued between Mr. Sherman and Councilmembers regarding possible solutions to the issue of unpermitted uses of the boat launch ramps. Mr. Rubin stated that the code allows Council to adopt rules and regulations related to the use of the boat launch ramps. Thereafter, the motion to adopt on first reading Ordinance 2023-10 passed unanimously. ORDINANCE 2023-11 COUNTRY CLUB BUDGET AMENDMENT A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt on first reading Ordinance 2023-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED COUNTRY CLUB BUDGET FOR FISCAL YEAR 2023 TO TRANSFER $800,000 FROM THE SPECIAL PROJECTS FUND TO THE COUNTRY CLUB CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO FUND THE REPLACEMENT OF THE TENNIS COURT LIGHTING AND FENCING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that the Country Club's tennis court lighting and fencing have eroded to the point of becoming a safety issue. The internal and external lights would be replaced with a new LED lighting system provided by Musco Sports Lighting LLC. Minutes of the Village Council Regular Session held July 27, 2023 Page 3 of 6 ORDINANCE 2023-11 COUNTRY CLUB BUDGET AMENDMENT continued Mr. Huff explained that staff was requesting the approval of an amendment to the Country Club Budget to transfer $800,000 from the Special Projects Fund to the Country Club Construction and Major Renovation Fund in order to hind the purchase. Vice Mayor Bickel asked if the installation of the new lighting system would affect the new landscaping and plants that were planted along the U.S. Highway 1 side of the tennis courts. Mr. Huff stated that he did not believe the landscaping along U.S. Highway 1 would be affected since there were no electrical lines that run underneath that landscaping. Thereafter, the motion to adopt on first reading Ordinance 2023-11 passed unanimously. ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS A motion was made by Councilmember Searcy and seconded by President Pro Tem Aubrey to adopt on first reading Ordinance 2023-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES; AMENDING ARTICLE II, "LOCAL BUSINESS TAX," BY AMENDING SECTION 17-33, "BUSINESS TAX SCHEDULE," TO REMOVE THE ANNUAL TAX FOR CANVASSERS AND SOLICITORS; AMENDING ARTICLE VIII, "PEDDLERS AND SOLICITORS," BY AMENDING SECTION 17-88, "LIMITATION ON HOURS FOR PEDDLING OR SOLICITATION," TO MODIFY THE PERMISSIBLE HOURS AND SECTION 17-90, "NOTICE BY PROPERTY OWNERS," TO CLARIFY THE ENFORCEMENT ON PRIVATE PROPERTY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin discussed and explained the purpose and reasons for the code amendment. The code amendment would revise the fee charged to solicitors by removing the required $346.50 annual business tax and leaving only the $115.50 charge per peddler or solicitor, and revise the permissible time for a person holding a permit to engage in peddling and soliciting activities to between the hours of 9:00 a.m. and dusk, Monday through Saturday. The last sentence of Section 17-90 of the Village Code was amended to read as follows: "Where streets are privately owned, the owner may post a clearly legible sign at each entrance to the privately owned street indicating that peddling or soliciting is prohibited." Councilmember Mullinix discussed and expressed his concerns with the proposed revisions to the code. Councilmember Mullinix stated that he only agreed with removing the annual business tax fee and charging the $115.50 charge per peddler or solicitor and recommended the remainder of the code remain as is. Discussion ensued between Mr. Rubin, Councilmembers and Police Chief Richard Jenkins regarding the proposed permissible time to allow peddlers or solicitors to engage in peddling and soliciting activities. Council came to consensus revise the permissible time for a person holding a permit to engage in peddling and soliciting activities to between the hours of 9:00 a.m. and 8:00 p.m. Minutes of the Village Council Regular Session held July 27, 2023 Page 4 of 6 ORDINANCE 2023-12 CODE AMENDMENT — PEDDLERS OR SOLICITORS continued Discussion ensued regarding the enforcement of "no soliciting" signs and requiring a visible display of a solicitor or peddlers permit. Thereafter, the motion to adopt on first reading Ordinance 2023-12 with a revision to the permissible time for a person holding a permit to engage in peddling and soliciting activities to between the hours of 9:00 a.m. and 8:00 p.m., passed 4 to 1 with Mayor Norris, Vice Mayor Bickel, President Pro Tem Aubrey and Councilmember Searcy voting aye and Councilmember Mullinix voting nay. RESOLUTION 2023-58 — ESTABLISHING A TENTATIVE MILLAGE RATE FOR FY 2023-2024 AND SETTING THE IST PUBLIC HEARING A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to adopt Resolution 2023-58 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.0000 MILS FOR FISCAL YEAR 2024; ESTABLISHING A DATE, TIME, AND PLACE FOR THE FIRST HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff began a presentation where he reviewed and discussed the FY 2024 Manager's Proposed Budget. Mr. Huff stated that the proposed budget was based upon a flat millage rate of $7.00 mils. Mr. Huff reviewed and explained FY 2024 Budget Highlights. Mr. Huff reviewed the FY 2024 Preliminary Budget Summary and explained that personnel and operating expenses were the majority of the costs involved in the total budget of $41,546,758. Mr. Huff clarified that there was an increase of thirteen (13) part-time employee positions in Fiscal Year 2023 and that in the proposed Fiscal Year 2024 budget there would be a total of fifteen (15) part-time employee positions and the elimination of one (1) full-time employee position. The difference between FY 2023 and the proposed FY 2024 proposed budget would be plus two (+2) part-time employee positions and minus one (-1) full-time employee position. Mr. Huff continued the presentation by reviewing and explaining the Country Club Summary FY 2023 versus FY 2024, the FY 2024 Country Club Preliminary Budget Summary, the General Fund Summary FY 2023 versus FY 2024 and FY 2024 General Fund Preliminary Budget Summary. The proposed FY 2024 General Fund Summary showed an increase of 11.75% from the prior FY 2023. Councilmember Mullinix expressed his concerns regarding the 11.75% increase and stated that the increase would not be sustainable. Mr. Huff explained that the increase was not only from personnel costs, but also from the rising costs of what the Village purchases in order to operate. Mr. Huff continued his presentation by reviewing the 5 -Year CIP Cash Flow Summary, FY 2024 Proposed CIP Projects, which totaled $7,502,684, the Stormwater Utility Fund Non Ad -Valorem Assessment total fund budget of $500,000, FY 2024 Taxable Value and Millage FY 2023 and FY 2024 comparisons and the FY 2024 Millage Selection. Mr. Huff concluded the presentation by reviewing the FY 2023-2024 Budget Workshop Schedule. Thereafter the motion to adopt Resolution 2023-58 passed unanimously. Minutes of the Village Council Regular Session held July 27, 2023 Page 5 of 6 RESOLUTION 2023-59 — ALTERNATE SPECIAL MAGISTRATE A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt Resolution 2023-59 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPOINTING KEVIN M. WAGNER AS THE VILLAGE'S ALTERNATE CODE ENFORCEMENT SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that due to appointing the Village's former Alternate Special Magistrate to the Primary Magistrate position, the Village was in need of appointing a new Alternate Special Magistrate. Mr. Huff stated that staff was recommending that Council appoint Mr. Kevin M. Wagner as the Village's Alternate Special Magistrate. Mr. Wagner introduced himself to Council and thanked them for their consideration. Mayor Norris thanked Mr. Wagner for his willingness to serve the Village as Alternate Special Magistrate. Thereafter the motion to adopt Resolution 2023-59 passed unanimously. RESOLUTION 2023-57 — INTERLOCAL AGREEMENT FOR USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EOUIPMENT PURCHASE A motion was made by Vice Mayor Bickel and seconded by President Pro Tem Aubrey to adopt Resolution 2023-57 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR THE USE OF GRANT FUNDS FOR EMERGENCY MEDICAL SERVICES EQUIPMENT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE SOLE SOURCE PURCHASE OF ONE LUCAS 3 CHEST COMPRESSION SYSTEM FROM STRYKER MEDICAL UTILIZING GRANT FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff apologized that the agenda item was introduced late, but was necessary in order to meet the deadline to receive the grant funding for emergency medical services equipment. The grant funds would be used to purchase one (1) chest compression system to be utilized in the Village's Fire Department. Thereafter the motion to adopt Resolution 2023-57 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Mullinix requested that Council consider changing Village parks' hours based on Police Chief Jenkins feedback. Council came to consensus to bring back to a future Council meeting an item to consider changing the Village parks' hours. Minutes of the Village Council Regular Session held July 27, 2023 Page 6 of 6 VILLAGE MANAGER MATTERS/REPORTS Mr. Huff reviewed and explained last year's cost estimate for replacing the Lighthouse Drive Bridge. Mr. Huff thanked Finance Director Sarnia Janjua and the Village's Department Heads for their work and for doing a good job on their Departmental Budgets. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 7:52 p.m. Jess(C)Green, MMC, Village Clerk