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06-26-2014 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 26, 2014 Present:- Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, President Pro Tem William L. Manuel, Councilman Doug Bush, Councilman Jim Kelly, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Aubrey 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 Mayor Aubrey gave the invocation. The Pledge of Allegiance was led by Councilman Bush. APPROVAL OF MINUTES The Minutes of the Regular Session held June 12, 2014, Special Session held June 14, 2014 and the Special Session held June 19, 2014 were approved as written. SECOND READING OF ORDINANCE 2014 -05 — ZONING CODE AMENDMENT RESTAURANTS WITH DRIVE - THROUGHS IN C -1 DISTRICT A motion was made by Councilman Manuel and seconded by Councilman Bush to adopt and enact on second reading Ordinance 2014 -05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45 -33, "C -1 NEIGHBORHOOD COMMERCIAL DISTRICT," OF ARTICLE III, "DISTRICT REGULATIONS," TO ALLOW RESTAURANTS WITH DRIVE - THROUGHS WITHIN THE C -1 ZONING DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reviewed the history of this item and recommended approval of the Ordinance. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2014 -05 on second reading passed unanimously. CONSENT AGENDA APPROVED \ A motion was made by Vice Mayor Gebbia, seconded by President Pro Tem Norris, and passed unanimously to approve the consent agenda. The following items were approved: Receive for file Minutes of the Golf Advisory Board meeting held 5/19/14 Receive for file Minutes of the Recreation Advisory Board meeting held 6/10/14 Minutes of Village Council Regular Session held June 26, 2014 Page 2 of 4 RESOLUTION 2014 -40 — INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR URBAN COUNTY PROGRAM A motion was made by Councilman Manuel and seconded by Vice Mayor Gebbia to adopt Resolution 2014 -40 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN 1NTERLOCAL COOPERATION AGREEMENT WITH PALM BEACH COUNTY FOR PARTICIPATION IN THE URBAN COUNTY PROGRAM TO ACCESS COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SOLUTIONS GRANT FUNDS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly explained that participation in the Urban County Program makes North Palm Beach eligible to receive any economic stimulus or disaster recovery funding that is distributed to the county by the federal government. Mr. Kelly noted the agreement automatically renews unless the Village gives notice that it will no longer participate. Thereafter, the motion to adopt Resolution 2014 -40 passed unanimously. RESOLUTION 2014 -41— COUNTRY CLUB HVAC A motion was made by Councilman Manuel and seconded by President Pro Tern Norris to adopt Resolution 2014 -41 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY SHAMTEC, INC. FOR THE INSTALLATION OF HVAC EQUIPMENT AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly detailed the bids received and reported Shamtec, Inc. was the lowest bidder at $33,600. Public Works Director Brian Moree explained three split- systems would be installed to supplement the existing HVAC chiller system. Mr. Moree stated the bid price includes equipment, all electrical and mechanical work, labor, ductwork, and new vents. Discussion ensued regarding portability to a new facility. Mr. Moree advised that the equipment, which has a five -year warranty, would not be reused in a new clubhouse, but could be used at Public Works or Osborne Park, depending on its usable life- expectancy. Discussion ensued on funding. Mr. Kelly advised it would be an Enterprise Fund expense, since the equipment would be installed for the clubhouse and pro shop. Thereafter, the motion to adopt Resolution 2014 -41 passed unanimously. RESOLUTION — PARK LANDSCAPE MAINTENANCE CONTRACT SECOND AMENDMENT — REMOVED FROM AGENDA Mr. Kelly announced that item 6.E.3, Park Landscape Maintenance Contract Second Amendment, had been removed from the agenda. Minutes of Village Council Regular Session held June 26, 2014 Page 3 of 4 RESOLUTION 2014 -42 — GOLF COURSE MAINTENANCE SERVICES CONTRACT AMENDMENT A motion was made by Councilman Manuel and seconded by Councilman Bush to adopt Resolution 2014 -42 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT FOR GOLF COURSE MAINTENANCE SERVICES WITH INTERNATIONAL GOLF MAINTENANCE, INC. TO MODIFY THE SCOPE OF WORK AND THE COMPENSATION AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported the Amendment changes the scope of work to include maintenance of all Bermuda grass at the Village's athletic fields and Veterans Memorial Park. Mr. Kelly reported an increased cost of $21,137 through the end of the fiscal year. During discussion, Mr. Rubin clarified the increased expense of $21,137 would be paid from the General Fund Budget. Thereafter, the motion to adopt Resolution 2014 -42 passed unanimously. MOTION — PARTIAL RELEASE OF LIEN A motion was made by Councilman Bush and seconded by Councilman Manuel to approve the execution of a Partial Release of Lien to release property located within unincorporated Palm Beach County from the lien imposed by the Village's Code Enforcement Special Magistrate for violations formerly existing at 425 Gulf Road. Mr. Rubin reported the Code Enforcement Special Magistrate entered an order and imposed a lien against 425 Gulf Road; at that time, the property was owned by Mr. Beauregard. Mr. Rubin stated this property was subsequently foreclosed. Mr. Rubin explained that the lien is preventing the sale of another property owned by Mr. Beauregard in unincorporated Palm Beach County. Discussion ensued regarding the Village's lien and the amount of the fine owed by Mr. Beauregard. Thereafter, the motion to approve execution of the Partial Release of Lien passed unanimously. MAYOR AND COUNCIL MATTER/REPORTS A motion was made by Vice Mayor Gebbia, seconded by Councilman Bush, and passed unanimously to designate Councilman Manuel as the voting delegate for Florida League of Cities Annual Conference in August 2014. Councilman Manuel advised he would provide information to Mr. Kelly concerning the possibility of developing a policy that would assist elected officials and board members regarding declaring a voting conflict when considering contracts. Councilman Manuel distributed the Palm Beach County League of Cities legal report. Councilman Bush acknowledged the loss of long -time resident Nancy Moore, the Village's former Library Director, widow of former Mayor and Councilman Al Moore, and a valued member of our community. Minutes of Village Council Regular Session held June 26, 2014 Page 4 of 4 VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly reported meeting with staff regarding the FY 2015 General Fund Budget. Mr. Kelly announced the Village's Fourth of July event at the North Palm Beach Country Club. REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) Audit Committee Chairman Tom Magill addressed the Council concerning the Committee's report on financing methods for a new clubhouse at the North Palm Beach Country Club. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:24 p.m. Melissa Teal, CMC, Village Clerk i