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11-12-2015 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 12, 2015 Present: Robert A. Gebbia, Mayor Doug Bush, President Pro Tern Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk Absent: David B. Norris, Vice Mayor ROLL CALL Mayor Gebbia called the meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Gebbia gave the invocation and President Pro Tern Bush led the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held October 22, 2015 were approved as written. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -19 — CODE AMENDMENT — FLOATING STRUCTURES A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2015 -19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES TO PROHIBIT FLOATING STRUCTURES AND PROVIDE FOR A DEFINITION; AMENDING SECTION 5 -1, "DEFINITIONS;" ADOPTING A NEW SECTION 5 -18, "PROHIBITION OF FLOATING STRUCTURES ;" AMENDING SECTIONS 5 -19 THROUGH 5 -24 TO PROVIDE FOR THE IMPOUNDMENT, SALE AND RECLAMATION OF UNLAWFUL FLOATING STRUCTURES; AMENDING SECTION 5 -25, "OCCUPANCY OF LIVE ABOARD BOATS OR VESSELS IN VILLAGE WATERWAYS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Discussion took place concerning the definition and interpretation of "floating structure." Thereafter, the motion to adopt and enact Ordinance 2015 -19 on second reading passed with all present voting aye. Minutes of Village Council Regular Session held November 12, 2015 Page 2 of 8 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -20 — CODE AMENDMENT — RETAIL SALES OF ALCOHOLIC BEVERAGES A motion was made by Councilmember Aubrey and seconded by Councilmember Mullinix to adopt and enact on second reading Ordinance 2015 -20 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 -36, "GENERAL PROVISIONS," TO REVISE THE REGULATIONS GOVERNING THE LOCATION OF BUSINESSES ENGAGED IN THE RETAIL SALE OF ALCOHOLIC BEVERAGES; CLARIFYING THE MEASUREMENT STANDARDS; PROVIDING AN ADDITIONAL EXCEPTION TO THE DISTANCE REQUIREMENT FROM OTHER RETAIL SELLERS; REMOVING THE PROHIBITION AGAINST CHURCHES, SCHOOLS, HOSPITALS, PARKS AND PLAYGROUNDS LOCATING WITHIN A SPECIFIED DISTANCE FROM RETAIL SELLERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly noted Section 45- 36N(6) of the ordinance had been revised to expressly provide that if a church, school, hospital, park or playground chooses to locate within 1,000 feet of an existing business licensed for the retail sale of alcoholic beverages, the existing business would not be in violation of Section 45- 36N.(1) of the Village Code of Ordinances. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Discussion ensued on the definitions of public school, private school, and church. Thereafter, the motion to adopt and enact Ordinance 2015 -20 on second reading passed with all present voting aye. PUBLIC HEARING AND FIRST READING OF ORDINANCE 2015 -21 — MORATORIUM ON INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES A motion was made by President Pro Tem Bush and seconded by Councilmember Mullinix to adopt on first reading Ordinance 2015 -21 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS AND ON THE ISSUANCE OF PERMITS OR APPROVALS FOR PENDING APPLICATIONS FOR THE INSTALLATION OF NEW WIRELESS COMMUNICATIONS FACILITIES WITHIN VILLAGE RIGHTS -OF -WAY AND ON ANY PROPERTY WITHIN OR ADJOINING A RESIDENTIAL ZONING DISTRICT FOR A PERIOD OF SIX MONTHS; PROVIDING FOR A DEFINITION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly discussed the request for a six month moratorium on the issuance of permits for the installation of wireless communications facilities within Village rights -of -way or within or adjoining any residential areas. Mr. Rubin clarified the moratorium would not affect existing cell towers. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Thereafter, the motion to adopt Ordinance 2015 -21 on first reading passed with all present voting aye. Minutes of Village Council Regular Session held November 12, 2015 Page 3 of 8 PUBLIC HEARING AND FIRST READING OF ORDINANCE 2016 -01 — 10 -YEAR WATER SUPPLY PLAN UPDATE A motion was made by Councilmember Aubrey and seconded by Councilmember Mullinix to adopt on first reading Ordinance 2016 -01 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POTABLE WATER AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT AND THE CONSERVATION ELEMENT OF THE VILLAGE OF NORTH PALM BEACH COMPREHENSIVE PLAN TO ADOPT AN UPDATE TO THE TEN YEAR WATER SUPPLY FACILITIES WORK PLAN AS REQUIRED BY STATE STATUTE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported the Planning Commission, sitting as the Local Planning Agency, considered the proposed Comprehensive Plan Amendment at a public hearing on October 6, 2015, and voted unanimously to recommend its approval. Mayor Gebbia opened the public hearing. There were no comments from the public. Mayor Gebbia closed the public hearing. Thereafter, the motion to adopt Ordinance 2016 -01 on first reading passed with all present voting aye. FIRST READING OF ORDINANCE 2015 -22 — CODE AMENDMENT — NOISE ORDINANCE A motion was made by President Pro Tem. Bush and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2015 -22 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE VI, "NOISE CONTROL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 19 -99, "DEFINITIONS," TO REVISE THE DEFINITION OF UNREASONABLE NOISE EMANATING FROM PROPERTY WITHIN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised the proposed ordinance amends the definition of unreasonable noise to include noise that is plainly audible through the external walls and fully closed windows and doors of a residential structure. Discussion took place concerning enforcement with regard to objective and subjective standards. Mr. Rubin confirmed that law enforcement has discretion in enforcement, and noted the standard for "plainly audible" had been legally upheld. Thereafter, the motion to adopt Ordinance 2015 -22 on first reading passed with all present voting aye. continued on next page Minutes of Village Council Regular Session held November 12, 2015 Page 4 of 8 CONSENT AGENDA APPROVED President Pro Tern Bush moved to approve the consent agenda. Councilmember Mullinix 1 seconded the motion and all present voted aye. The following items were approved: Motion to suspend the 11/26/15 and 12/24/15 Council meetings in observance of national holidays and the 7/14/16 Council meeting due to the Budget Workshop meeting schedule Receive for file Minutes of the General Employees Pension Board meeting held 8/12/15 Receive for file Minutes of the Audit Committee meeting held 9/15/15 Receive for file Minutes of the Golf Advisory Board meeting held 9/21/15 Receive for file Minutes of the Planning Commission meeting held 10/6/15 Recommendation: Re Comp Plan Amendment to update the 10 -Year Water Supply Facilities Work Plan "approve the Ordinance..." Receive for file Minutes of the Planning Commission meeting held 10/20/15 Recommendation: Re Comp NPB Surgery Center "approve the Planned Unit Development and waivers as submitted, with the condition that a waiver for the parking also be included, if required." Receive for file Minutes of the Recreation Advisory Board special meeting held 10/21 /15 RESOLUTION 2015 -78 — BUDGET AMENDMENT — CAPITAL IMPROVEMENT PLAN FUNDING A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to adopt Resolution 2015 -78 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2015 TO TRANSFER SAVINGS FROM VARIOUS GENERAL FUND ACCOUNTS TO THE CAPITAL PROJECTS RESERVE ACCOUNT TO FUND THE CAPITAL IMPROVEMENT PLAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported that after deducting for outstanding expenses, $142,000 was available for transfer from General Fund budgetary savings to the Capital Projects Fund. Thereafter, the motion to adopt Resolution 2015 -78 passed with all present voting aye. RESOLUTION 2015 -79 —NOTICE OF ELECTION A motion was made by Councilmember Mullinix and seconded by President Pro Tern Bush to adopt Resolution 2015 -79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE HELD ON MARCH 15, 2016; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; DECLARING THE OFFICES TO BE FILLED AT SUCH ELECTION; REQUESTING THAT THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION AND DELEGATING CERTAIN DUTIES TO THE SUPERVISOR; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -79 passed with all present voting aye. Minutes of Village Council Regular Session held November 12, 2015 Page 5 of 8 RESOLUTION 2015 -80 — ELECTIONS SERVICES AGREEMENT A motion was made by President Pro Tem Bush and seconded by Councilmember Mullinix to adopt Resolution 2015 -80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place concerning election costs, which are projected to be significantly lower than in 2015 because the municipal election will be held in conjunction with the Presidential Preference Primary. Mrs. Teal estimated Village costs would be approximately $2,800.00. Thereafter, the motion to adopt Resolution 2015 -80 passed with all present voting aye. RESOLUTION 2015 -81 — POLICE VEHICLES PURCHASE A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bush to adopt Resolution 2015 -81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2016 UNMARKED FORD TAURUS POLICE VEHICLE AND THREE 2016 MARKED FORD INTERCEPTOR POLICE VEHICLES FROM DUVAL FORD PURSUANT TO AN EXISTING FLORIDA SHERIFFS ASSOCIATION /FLORIDA ASSOCIATION OF COUNTIES AND FLORIDA FIRE CHIEFS ASSOCIATION CONTRACT FOR POLICE RATED, ADMINISTRATIVE, UTILITY VEHICLES, TRUCKS AND VANS; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $143,790.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE - AUTOMOTIVE CAPITAL ACCOUNT; DECLARING SPECIFIED VEHICLES AS SURPLUS PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -81 passed with all present voting aye. RESOLUTION 2015 -82 — KEY CARD ACCESS SYSTEM PURCHASE A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2015 -82 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO HOLB - SIERRA CORP. FOR A KEY CARD ACCESS SYSTEM FOR VILLAGE HALL AND THE PUBLIC SAFETY BUILDING PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR CARD ACCESS EQUIPMENT, INSTALLATION AND SERVICES WITH THE PALM BEACH COUNTY SCHOOL DISTRICT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $20,081.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE INFORMATION TECHNOLOGY — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -82 passed with all present voting aye. Minutes of Village Council Regular Session held November 12, 2015 Page 6 of 8 RESOLUTION 2015 -83 — ENERGY CONSERVATION PROJECT PHASE 2 A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2015 -83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING BLANKET PURCHASE ORDERS FOR THE VILLAGE'S ENERGY CONSERVATION RETROFIT PROJECT WITH CITY ELECTRIC SUPPLY, SAFETY -KLEEN SYSTEMS, INC., THE HOME DEPOT AND LOWE'S HOME IMPROVEMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $30,000.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE FACILITY SERVICES — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE BLANKET PURCHASE ORDERS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that Phase 2 of the energy conservation retrofit project would encompass the Public Safety Facility, Anchorage Park Activities Building, and sections of the Village street lighting system. Discussion ensued regarding the anticipated payout on investment. Mr. Kelly distributed the FPL monthly combined billing summaries for Village Hall and the Public Works Complex, showing a comparison of costs and energy savings at Village Hall from FY 2014 to November 2016 and Public Works from FY 2012 to FY 2015. Public Works Director Brian Moree reported the $8,000.00 project investment at Public Works was returned in 14 months. Mr. Moree stated the electric bill for Public Works was $11,790.00 in FY 2012 and $6,163.00 in FY 2015. Thereafter, the motion to adopt Resolution 2015 -83 passed with all present voting aye. LUTION 2015 -84 — ATHLETIC FIELDS FENCE REPLACEMENT A motion was made by President Pro Tem Bush and seconded by Councilmember Aubrey to adopt Resolution 2015 -84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO CLASSIC FENCE CO., INC. FOR THE INSTALLATION OF FENCING AT THE OSBORNE PARK AND THE COMMUNITY CENTER ATHLETIC FIELDS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR FENCING, GATES, MAINTENANCE SERVICES AND PARTS WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $244,602.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PARKS AND RECREATION — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly stated the scope of work includes the removal of all existing fencing and the installation of galvanized, black vinyl- coated fencing at four ball fields and backstops at the Community Center, and two ball fields and backstops at Osborne Park. Mr. Kelly addressed the inclusion of a 10% contingency in the budgetary appropriation. Mr. Rubin advised that the contract states the bid amount of $222,364.63, which may be increased only by written approval of the Village through the change order process. Thereafter, the motion to adopt Resolution 2015 -84 passed with all present voting aye. Minutes of Village Council Regular Session held November 12, 2015 Page 7 of 8 RESOLUTION 2015 -85 — OSBORNE PARK & COMMUNITY CENTER SITE FENCING A motion was made by Councilmember Aubrey and seconded by President Pro Tern Bush to adopt Resolution 2015 -85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO CLASSIC FENCE CO., INC. FOR THE INSTALLATION OF PLAYGROUND, BATTING CAGE, AND RACQUET BALL COURT FENCING AT OSBORNE PARK AND THE COMMUNITY CENTER PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR FENCING, GATES, MAINTENANCE SERVICES AND PARTS WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $46,333.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PARKS AND RECREATION — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2015 -85 passed with all present voting aye. RESOLUTION 2015 -86 — PUBLIC WORKS UNIFORM RENTAL AND CLEANING CONTRACT A motion was made by President Pro Tern Bush and seconded by Councilmember Mullinix to adopt Resolution 2015 -86 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM CINTAS CORPORATION FOR UNIFORM RENTAL AND CLEANING SERVICE, FLOOR MAT CLEANING SERVICE AND SHOP TOWEL SERVICE PURSUANT TO PRICING ESTABLISHED BY AN EXISTING U.S. COMMUNITIES CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Finance Director Sarnia Janjua addressed Council questions regarding the various operating accounts used to fund the expenditures. Thereafter, the motion to adopt Resolution 2015 -86 passed with all present voting aye. VILLAGE COUNCIL MATTERS /REPORTS A suggestion was made to schedule discussion of the clubhouse site at a special meeting or upcoming workshop. Mr. Kelly noted Council had determined there should be an incremental phasing of the Peacock + Lewis contract; therefore, Phase 1 of the contract encompasses only the Splash Park, pool deck, current clubhouse site, and business plan. Mr. Kelly advised the clubhouse survey would be distributed to residents in early December. Councilmember Mullinix suggested holding an investment strategy meeting. It was noted the Audit Committee continually reviews and makes recommendations regarding the Village's investment policy. Councilmember Mullinix commended Public Works on the cleanup of Lakeside Park. Mayor Gebbia thanked staff for ensuring a successful Veterans Day event. Mayor Gebbia expressed appreciation to the community for contributing $5,000.00 to the Support Our Troops program over the past three weeks in support of the holiday shipment. Minutes of Village Council Regular Session held November 12, 2015 Page 8 of 8 VILLAGE COUNCIL MATTERS /REPORTS continued Pursuant to the Council's approval of the Florida Green Energy Program, Mr. Kelly stated the 1 Florida Green Finance Authority had requested Council permission to use the Village logo. By consensus, the Village Council granted the request. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly announced the Village Tree Lighting Ceremony on December 2, 2015 and the Palm Beach Holiday Boat Parade on December 5, 2015. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:20 p.m. Melissa Teal, CM , Village Clerk