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05-09-2013 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 9, 2013 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tern Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Absent: David B. Norris, Councilman ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except Councilman Norris, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tern Gebbia gave the invocation and Vice Mayor Aubrey led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mayor Manuel proclaimed the week of May 12 - 18, 2013 as Police Week in the Village of North Palm Beach. Police Chief Richard Jenkins was present to receive the proclamation. Former Mayor Judy Pierman addressed the Council and public regarding Village pioneers Jack Schwencke and Ken May, who were instrumental in the founding and development of North Palm Beach. On behalf of the Council, Mayor Manuel presented Christine Schwencke Sams with a tile replica of the memorial brick placed at the North Palm Beach Country Club in honor of her father, John A. "Jack" Schwencke. Additionally, Mayor Manuel presented Mrs. Sams with a notebook commemorating Mr. Schwencke's contributions as founder and councilman. APPROVAL OF MINUTES The Minutes of the Regular Session held April 25, 2013 were approved as written. SECOND READING AND ENACTMENT OF ORDINANCE 2013 -08 — FIVE -YEAR SCHEDULE OF IMPROVEMENTS UPDATE 13 -1 A motion was made by Vice Mayor Aubrey, seconded by Councilman Bush, and passed unanimously, to adopt and enact on reading Ordinance 2013 -08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, UPDATING THE FIVE -YEAR SCHEDULE OF IMPROVEMENTS SET FORTH IN THE CAPITAL IMPROVEMENTS ELEMENT OF THE VILLAGE OF NORTH ( PALM BEACH COMPREHENSIVE PLAN AS REQUIRED BY STATE STATUTE; \ PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Minutes of Village Council Regular Session held May 9, 2013 Page 2 of 5 SECOND READING AND ENACTMENT OF ORDINANCE 2013 -08 — FIVE -YEAR SCHEDULE OF IMPROVEMENTS UPDATE 13 -1 continued Mr. Green advised that the primary purpose of the annual update is to assess whether the Village is providing infrastructure services at the desired levels and to identify and program capital improvements that implement the goals, objectives, and policies of the Comprehensive Plan. Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2013 -08 on second reading passed unanimously. FIRST READING OF ORDINANCE 2013 -09 — COMMERCIAL TEMPORARY SIGNAGE A motion was made by Vice Mayor Aubrey and seconded by President Pro Tem Gebbia to adopt on first reading Ordinance 2013 -09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND OUTDOOR DISPLAYS," OF CHAPTER 6, "BUILDINGS AND BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 6 -114, "PERMITTED TEMPORARY SIGNS," TO IMPOSE ADDITIONAL REQUIREMENTS AND IMPLEMENT A USE PERMIT PROCEDURE FOR CERTAIN COMMERCIAL SIGNS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green noted the draft ordinance was revised to reduce the permit duration from one year to six months. Regarding the suggestion that sign aesthetics and color palettes should be consistent with the building, Mr. Green reported that sign companies and the Realtors Association advised staff that restricting signage to a color palette is not an industry standard and would hinder the process. Discussion was held regarding the permit fee. Interim Community Development Director Jodi Nentwick proposed a $10 administrative fee, to be approved by Council resolution following second reading of the ordinance at the next meeting. Discussion took place concerning enforcing the removal of vacancy signs when units are leased. Mrs. Nentwick reviewed the enforcement process. Discussion ensued on ensuring removal of temporary signs upon issuance of a hurricane warning. Mrs. Nentwick detailed the plans to educate and inform business owners, property owners, and realtors of the new requirements for temporary signs. Thereafter, the motion to adopt Ordinance 2013 -09 on first reading passed unanimously. CONSENT AGENDA APPROVED The consent agenda was approved by Council consensus. The following items were approved: Resolution 2013 -25 repealing Resolution 2013 -20 and nullifying the transfer of $35,945 from the Country Club Golf Course Maintenance Account Receive for file Minutes of the Recreation Advisory Board meeting held 4/9/13 Receive for file Minutes of the Waterways Board meeting held 4/23/13 Minutes of Village Council Regular Session held May 9, 2013 Page 3 of 5 RESOLUTION 2013 -26 — BANKING SERVICES AGREEMENT A motion was made by Vice Mayor Aubrey and seconded by President Pro Tern Gebbia to adopt Resolution 2013 -26 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY WELLS FARGO BANK, N.A. FOR MAJOR BANKING SERVICES AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green announced the proposals received in response to the Banking Services Request for Proposals (RFP) and reviewed the qualifications required for submittal. Mr. Green reported the Audit Committee reviewed the proposals and recommended continuing major banking operations with Wells Fargo. Discussion ensued regarding the term of the Agreement. Mr. Rubin reported the RFP provided for a three -year term and the Master Services Agreement with Wells Fargo incorporates the terms and conditions of the RFP by reference. Finance Director Sarnia Janjua advised that Finance would issue a new RFP for Banking Services in three years, prior to expiration of this Agreement. Thereafter, the motion to adopt Resolution 2013 -26 passed unanimously. RESOLUTION 2013 -27 — BALL FIELD GROOMER PURCHASE A motion was made by Councilman Bush and seconded by President Pro Tern Gebbia to adopt Resolution 2013 -27 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF A JACOBSEN GROOM MASTER 11 BALLFIELD GROOMER FROM GOLF VENTURES PURSUANT TO THE STATE TERM CONTRACT FOR THE ACQUISITION OF CONSTRUCTION, INDUSTRIAL, AGRICULTURAL AND LAWN EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $17,352.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE STREETS AND GROUNDS — MACHINERY AND EQUIPMENT ACCOUNT TO FUND THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green discussed the need to purchase a new ball field groomer and advised that Golf Ventures is a state approved vendor with a current state contract, thus meeting the Village's purchasing regulations. Thereafter, the motion to adopt Resolution 2013 -27 passed unanimously. RESOLUTION — TENNIS PRO SHOP LEASE AGREEMENT — TABLED A motion was made by President Pro Tern Gebbia and seconded by Councilman Bush to adopt a proposed resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, �) FLORIDA, APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH TENNIS AND MORE, LLC, TO CONDUCT TENNIS PRO SHOP SERVICES AT THE VILLAGE TENNIS CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held May 9, 2013 Page 4 of 5 RESOLUTION — TENNIS PRO SHOP LEASE AGREEMENT — TABLED continued Mr. Green reported the Village entered into a Lease Agreement with Tennis and More, LLC in September 2009 to provide Tennis Pro Shop Services at the North Palm Beach Tennis Center. Mr. Green stated the Agreement was subsequently amended in July 2011, to extend the term through September 30, 2013, provide for automatic renewals, and modify the schedule of rent. Mr. Green relayed the request of Tennis and More for an additional lease modification to reduce the rent from $756 per month to $600 per month, due to the current business climate. Discussion ensued on the provisions of the current agreement. Mr. Rubin reported the agreement provides for renewal on an annual basis, unless terminated 60 days prior to the end of the fiscal year. Mr. Rubin advised that unless terminated by July 30th, the agreement would be automatically renewed for one year. Council expressed the intent to re- evaluate the contract prior to renewal. Before taking action on the proposed amendment, it was requested that staff research other facilities to validate the competitiveness of the rental rate and provide Council with a copy of the current lease agreement. Council asked that the vendor be present to discuss the business changes that necessitate a modification of the rent schedule. Verification of income statements was requested. A motion was made by President Pro Tem Gebbia, seconded by Councilman Bush, and passed unanimously, to table this item until the next meeting. RESOLUTION 2013 -28 — ANCHORAGE PARK MODULE BUILDING DEMOLITION A motion was made by President Pro Tem Gebbia and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -28 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL SUBMITTED BY DEVLAND SITE, INC. FOR THE DEMOLITION OF THE ANCHORAGE PARK MODULE BUILDINGS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green detailed the proposals received for demolition of the Anchorage Park module buildings and recommended acceptance of the proposal from Devland Site, Inc. at a cost not to exceed $14,300, with funding from Account No. A8028 -3491 (Parks and Recreation — Contractual Services.) Discussion took place concerning contract provisions, cost and mitigation requirements. Thereafter, the motion to adopt Resolution 2013 -28 passed with all present voting aye. MAYOR AND COUNCIL MATTERS /REPORTS — TURTLE COVE President Pro Tem Gebbia reported on a recent public meeting regarding plans to extend the Port of Palm Beach facility by dredging the inlet and portions of the turning basin around the port. President Pro Tem Gebbia noted the Port would have to mitigate the loss of 8 -10 acres of seagrass, and referred to a handout depicting potential mitigation sites, including Turtle Cove and Little Lake Worth. President Pro Tem Gebbia stated the Army Corps of Engineers is taking public comment on the plan until June 3, 2013. During discussion, it was suggested that the Village send a letter to the Army Corps of Engineers concerning its objections, and to the Board of County Commissioners as well; further, that an informational package on the history of the Turtle Cove issue be compiled and provided to the county commissioners, and that stakeholders in the surrounding communities including Lost Tree Village, Seminole Landing, Hidden Key, Old Port Cove, and Water Club be notified and provided with contact information so they may offer comments on the project. Minutes of Village Council Regular Session held May 9, 2013 Page 5 of 5 MAYOR AND COUNCIL MATTERS /REPORTS continued President Pro Tern Gebbia provided Mr. Green with the dates of upcoming informational meetings of the Southeast Florida Ocean Reef Task Force, a four - county effort to address coral reefs and estuaries. President Pro Tern Gebbia will represent the Village at the Lake Worth Lagoon Initiative Symposium on May 15, 2013. VILLAGE MANAGER MATTERS /REPORTS Regarding the Veterans Memorial Park project, Mr. Green reported the cost to revise the bid package to include an option for wood trellis material was $1,800. Mr. Green requested Council consideration to fund the expense from the Council Contingency account, which would reduce the account balance to $14,414. By consensus, Council approved the request. Mr. Green advised that due to state budget cuts, Florida Recreation Development Assistance Program grants were reduced; therefore, FRDAP funding is not available for either Veterans Memorial Park or Anchorage Park at this time. Mr. Green stated that should funding be authorized next year, the Village would be in the queue for reimbursement for any project completed this year. Mr. Green detailed the monies available in the Developer Fees account to fund the Veterans Memorial Park project. Council consensus was to proceed with the project, utilizing funds available in the Developer Fees account. Mr. Green reported submittal of a $225,000 grant request to the Florida Department of Agriculture and Consumer Services for the Village's 2014 ball field lighting project. Mr. Green stated the grant would fund a sustainability project to convert the lighting system at Osborne Park from incandescent to LED. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:40 p.m. yZ Melissa Teal, CMC, Village Clerk