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05-23-2013 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 23, 2013 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor Robert A. Gebbia, President Pro Tem David B. Norris, Councilman Doug Bush, Councilman Ed Green, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Bush gave the invocation and Councilman Norris led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION Mayor Manuel proclaimed the week of May 18 — 24, 2013 as Safe Boating Week in the Village of North Palm Beach. Commander Joyce Newman and former Commander Les McWhorter of the Palm Beach Sail and Power Squadron were present to receive the proclamation. APPROVAL OF MINUTES The Minutes of the Regular Session held May 9, 2013 were approved as written. STATEMENTS FROM THE PUBLIC Representative Pat Rooney, Jr., District 85, reviewed the 2013 Legislative Session. SECOND READING AND ENACTMENT OF ORDINANCE 2013 -09 — COMMERCIAL TEMPORARY SIGNAGE A motion was made by Councilman Bush, seconded by Vice Mayor Aubrey, and passed unanimously, to adopt and enact on 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. Mayor Manuel opened the public hearing. There being no public comment, Mayor Manuel closed the public hearing. Minutes of Village Council Regular Session held May 23, 2013 Page 2 of 4 SECOND READING AND ENACTMENT OF ORDINANCE 2013 -09 — COMMERCIAL TEMPORARY SIGNAGE Discussion took place regarding implementing a requirement that signage be consistent with building colors and aesthetics. Village Planner Jodi Nentwick stated the Realtors Association and the sign companies she contacted advised that restricting temporary signage to a color palette is not standard and no Palm Beach County municipalities impose this requirement. Discussion was held concerning enforcing the removal of vacancy signs when units are leased. Mrs. Nentwick reviewed the education and enforcement process. It was suggested that the program be reviewed in six months or one year to verify it accomplishes the desired objectives. Thereafter, the motion to adopt and enact Ordinance 2013 -09 on second reading passed unanimously. CONSENT AGENDA APPROVED Councilman Norris moved to approve the consent agenda. Vice Mayor Aubrey seconded the motion and all present voted aye. The following items were approved: Resolution 2013 -29 repealing Resolution 2012 -59 and approving a revised Street Lighting Agreement with FPL for the Southwest Neighborhood Improvement Project Receive for file Minutes of the Golf Advisory Board meeting held 4/15/13 Receive for file Minutes of the Library Advisory Board meeting held 4/23/13 Receive for file Minutes of the General Employees Pension Board meeting held 5/1/13 Receive for file Minutes of the Recreation Advisory Board meeting held 5/14/13 RESOLUTION 2013 -30 — TEMPORARY SIGN USE PERMIT FEE A motion was made by Councilman Norris and seconded by Councilman Bush to adopt Resolution 2013 -30 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AN ADMINISTRATIVE PROCESSING FEE FOR TEMPORARY SIGN USE PERMITS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green stated that staff has recommended establishing a $10.00 administrative fee for processing the use permit applications for temporary commercial signs. Thereafter, the motion to adopt Resolution 2013 -30 passed unanimously. RESOLUTION 2013 -31 — BEVERAGE CART PURCHASE A motion was made by Councilman Norris and seconded by President Pro Tem Gebbia to adopt Resolution 2013 -31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF A 2013 CLUB CAR CAFE EXPRESS GASOLINE POWERED FOOD AND BEVERAGE- CART PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT BETWEEN CLUB CAR INC. AND THE CITY OF TUCSON; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE COUNTRY CLUB BUDGET TO TRANSFER $14,547.00 FROM THE FOOD AND BEVERAGE CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO THE FOOD AND BEVERAGE AUTOMOTIVE ACCOUNT TO FUND THE PURCHASE; DECLARING THE EXISTING BEVERAGE CART AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held May 23, 2013 Page 3 of 4 RESOLUTION 2013 -31 — BEVERAGE CART PURCHASE continued Mr. Green reported that the beverage cart had been scheduled for replacement in FY 2014; however, the current cart has required numerous repairs and needs to be declared surplus and replaced. Mr. Green stated a new beverage cart could be purchased at a total cost of $14,546.40 utilizing unused capital funds from the Driving Range Renovation project. Mr. Green advised that after the beverage cart purchase, the account balance would be $39,092. Thereafter, the motion to adopt Resolution 2013 -31 passed unanimously. RESOLUTION 2013 -32 — COMMUNITY DEVELOPMENT DEPARTMENT PURCHASE A motion was made by Councilman Bush and seconded by Vice Mayor Aubrey to adopt Resolution 2013 -32 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND AUTHORIZING THE PURCHASE OF ONE 2013 FORD F150 2WD REGULAR CAB PICK UP TRUCK FOR USE BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM HUB CITY FORD PURSUANT TO THE STATE TERM CONTRACT FOR THE ACQUISITION OF MOTOR VEHICLES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $17,329.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE CODE ENFORCEMENT AUTOMOTIVE CAPITAL ACCOUNT TO FUND THE PURCHASE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Green stated that the purchase of one vehicle for the Community Development Department Code Division was approved as part of the FY 2013 budgetary process. Mr. Green recommended utilizing Capital Improvement Plan funds to purchase one 2013 Ford F150 truck, which is available through state contract at a total cost of $17,329. Mr. Green reported the Capital Improvement Account would have a balance of $966,436 after this expenditure. Mr. Green advised that no vehicles would be declared surplus at this time; however, Truck #14 would be declared surplus and replaced with a new vehicle in FY 2014. Thereafter, the motion to adopt Resolution 2013 -32 passed unanimously. GOLF COURSE MAINTENANCE AGREEMENT Mr. Green reported that International Golf Maintenance, Inc. (IGM) had been notified of nine deficiencies in the performance of their contract to provide golf course maintenance services. Mr. Green reviewed the deficiencies. Mr. Green noted the time allotted for correction of the maintenance deficiencies ends on June 8, 2013, and reviewed the options available to Council. Golf Director Lee Stroever reviewed actions taken by IGM to rectify the problems. Mr. Stroever advised that representatives from the Nicklaus Group would conduct a final review of the condition of the golf course on June 6, 2013. Mr. Stroever recommended extending the cure -- period-in order -to obtain -additional- information -for use in evaluating course conditions -- -- Discussion ensued regarding the current cure notice as well as IGM's overall performance. President Pro Tern Gebbia moved to extend the cure period to June 27, 2013. Vice Mayor Aubrey seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held May 23, 2013 Page 4 of 4 MAYOR AND COUNCIL MATTERS /REPORTS President Pro Tern Gebbia gave an update on the Turtle Cove issue. VILLAGE MANAGER MATTERS /REPORTS Mr. Green gave an update on the status of the Southwest Neighborhood Improvement Project. Four change orders (each less than $10,000) totaling $23,804.99 have been approved by Mr. Green and a credit in the amount of $15,000 is forthcoming. A motion was made by President Pro Tern Gebbia and seconded by Councilman Bush to ratify approval and accept the change orders. Councilman Norris declared a voting conflict. Thereafter, the motion passed with Mayor Manuel, Vice Mayor Aubrey, President Pro Tern Gebbia, and Councilman Bush voting aye, and Councilman Norris abstaining. Mr. Green distributed a sample newsletter insert with information on items such as pavers and benches that residents may purchase for the new Veterans Memorial Park. The insert will be included in an upcoming edition of the Village Newsletter. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:38 p.m. Melissa Teal, CMC, Village Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris David B. Village Council of North Palm Beach MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. Highway 1 WHICH I SERVE IS A UNIT OF: ACITY QCOUNTY O OTHER LOCAL AGENCY CiTY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm 8-each FL 8 Palm Beach DATE ON WHICH VOTE OCCURRED May 23, 2013 MY POSITION IS: ELECTIVE O APPOINTIVE IM WHO MUST FILE FORM 813 This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure In which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3943, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss, Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- sure which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged In or carrying on a business enterprise with the officer as a partner, Joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording_ the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you _, must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form musk be read. publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form In the minutes. A copy of the form must be provided Immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, David B. Norris hereby disclose that on May 23 ,2013 (a) A measure came or will come before my agency which (check one) Inured to my special private gain or loss; Inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, Inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of which Is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my confllcting Interest in the measure Is as follows: 4 vd�U X61 3, �g a VII r JUN 13 2013 Date Filed �r11 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE - CONSTITUTES GROUNDS- -FOR AND MAYBE PUNISHED BY ONE -OR MORE OF -THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB'- EFF. 1/2000 PAGE 2