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10-26-2017 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 26, 2017 Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, Councilmember Marls Mullinix President Pro Tem Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Cleric 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 The invocation was given by Vice Mayor Gebbia and Councilmember Norris led the public in the Pledge of Allegiance. AWARDS AND RECOGNITION On behalf of the Florida League of Cities, Carol Westmoreland presented the John Land Years of Service Award to Councilmember David Norris in recognition of his 20 years of elected service. Palm Beach County League of Cities 1 st Vice President, Mayor Anne Gerwig of Wellington, and Executive Director Richard Radcliffe were also in attendance to honor Councilmember Norris. APPROVAL OF MINUTES The Minutes of the Special Session held October 12, 2017 were approved as written. RESOLUTION 2017-93 — AMENDMENT TO CONDITIONAL USE OF PERSONAL DOCK AT 719 NORTHLAKE BOULEVARD Village Planner Erin Sita reviewed the request by Charles R. Miles, Jr. to amend the conditional use approval for the installation of a personal dock and boat lift located at 719 Northlake Boulevard. Mrs. Sita reported the prior approval provided for the construction of a pier/dock four feet wide and thirty feet long and a boat lift to the rear of the property. Mrs. Sita stated that Dr. Miles intends to reduce the length of the pier/dock to 15 feet, and therefore seeks to remove the reference to the construction plans dated December 2, 2015. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt Resolution 2017-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE CONDITIONAL USE GRANTED BY RESOLUTION 2016-34 FOR 719 NORTHLAKE BOULEVARD TO REMOVE THE REFERENCE TO SPECIFIC PLANS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2017-93 passed unanimously. Minutes of Village Council Special Session lield October 26, 2017 Page 2 of 5 FIRST READING OF ORDINANCE 2017-19 — BUDGET AMENDMENT FOR ANCHORAGE PARK FLOATING DOCKS PROJECT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt on first reading Ordinance 2017-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2017-2018 TO PROVIDE FUNDS FOR THE ANCHORAGE PARK FLOATING DOCKS PROJECT; TRANSFERRING $252,000 IN DEVELOPER FEES FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND; AMENDING THE CAPITAL PROJECTS FUND TO TRANSFER THE DEVELOPER FEE FUNDS AND AN ADDITIONAL $45,500 FROM THE POOL — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO THE RECREATION — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik noted the proposed ordinance would amend the budget to allocate recreational impact fee monies towards the floating docks project at Anchorage Park. Mr. Lukasik detailed other projects at Anchorage Park that will be accomplished through grant funding. Mr. Lukasik explained the funds in the Pool Capital Account were derived from developer fees that had been appropriated for pool construction; however, because financing for improvements to the pool area and splash park was included in the clubhouse project, an additional $45,500 is now available for the dock project. Discussion ensued regarding the total project cost. Mr. Lukasik reviewed estimates for engineering and construction and advised that Capital Improvement Project (CIP) funds will also be required for a portion of the project. Thereafter, the motion to adopt Ordinance 2017-19 on first reading passed unanimously. FIRST READING OF ORDINANCE 2017-20 — BUDGET AMENDMENT FOR TEMPORARY SITE SET UP A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt on first reading Ordinance 2017-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2016-2017 TO PROVIDE ADDITIONAL FUNDING FOR THE TEMPORARY SITE SET UP AT THE NORTH PALM BEACH COUNTRY CLUB; TRANSFERRING $53,082 FROM THE CAPITAL PROJECTS FUND COUNTRY CLUB PROJECT — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO THE GENERAL FUND RESERVE EXPENSE — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT; TRANSFERRING AN ADDITIONAL $33,817 FROM THE RESERVE EXPENSE — PROFESSIONAL SERVICES ACCOUNT TO THE RESERVE EXPENSE — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that certain funds appropriated for the Country Club project would be transferred to provide additional funding for costs associated with the temporary facilities. Thereafter, the motion to adopt Ordinance 2017-20 on first reading passed unanimously. Minutes of Village Council Special Session lield October 26, 2017 Page 3 of 5 CONSENT AGENDA APPROVED Councilmember Bickel moved to approve the consent agenda. Vice Mayor Gebbia seconded the motion, which passed unanimously. The following items were approved: Motion to authorize issuance of Fill Permit for 764 Waterway Drive Resolution 2017-94 approving a Blanket Purchase Order to Florida Brake and Truck Parts, Inc. for heavy truck parts and mechanical repair services utilized by the Public Works Department in an amount not to exceed $15,000.00. Resolution 2017-95 approving a Blanket Purchase Order to Freightliner for heavy truck parts and mechanical repair services utilized by the Public Works Department in an amount not to exceed $14,000.00. Resolution 2017-96 approving a Blanket Purchase Order to Mullinax for heavy truck parts and mechanical repair services utilized by the Public Works Department in an amount not to exceed $15,000.00. Receive for file Minutes of the Recreation Advisory Board meeting held 10/10/17 RESOLUTION 2017-97 — SECOND ADDENDUM TO IAFF AGREEMENT A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2017-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AND RATIFYING ADDENDUM NO. 2 TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, INC. TO ELIMINATE THE REQUIREMENT THAT CANDIDATES FOR PROMOTION TO THE RANK OF LIEUTENANT BE CERTIFIED AS A PARAMEDIC; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the Addendum. Thereafter, the motion to adopt Resolution 2017-97 passed unanimously. RESOLUTION 2017-98 — FOOD AND BEVERAGE LEASE AGREEMENT THIRD AMENDMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-98 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A THIRD AMENDMENT TO THE MONTH TO MONTH LEASE AGREEMENT WITH RBI RESTAURANT, LLC FOR FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Norris declared a voting conflict. Mr. Lukasik detailed the provisions of the Third Amendment. Thereafter, the motion to adopt Resolution 2017-98 passed 4-0. Minutes of Village Council Special Session held October 26, 2017 Page 4 of 5 RESOLUTION 2017-99 — AGREEMENT WITH PEACOCK + LEWIS ARCHITECTS AND PLANNERS FOR ADDITIONAL ARCHITECTURAL AND DESIGN SERVICES A motion was made by Councilmember Norris and seconded by Councilmember Bickel to adopt Resolution 2017-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PEACOCK + LEWIS ARCHITECTS AND PLANNERS, LLC FOR ADDITIONAL ARCHITECTURAL AND DESIGN SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING PAYMENT FOR ADDITIONAL DESIGN CONCEPT DEVELOPMENT SERVICES ALREADY PERFORMED; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lulcasik noted the Village incurred costs for additional design services to revise the conceptual plan for the restaurant component of the clubhouse. Mr. Lulcasik reported the Agreement for additional architectural and design services would provide for completion of the design phase of the project and revisions to the construction documents. Mr. Lulcasik briefly reviewed a draft budget recap of the new clubhouse project. Thereafter, the motion to adopt Resolution 2017-99 passed unanimously. RESOLUTION 2017-100 — CONSTRUCTION MANAGEMENT CONSULTING SERVICES CONTRACT AMENDMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-100 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONSTRUCTION MANAGEMENT CONSULTING SERVICES CONTRACT WITH GAUDET ASSOCIATES, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lulcasik reported the initial contract with Gaudet and Associates was for a six-month term, and the Amendment would extend consulting services through the remainder of the design phase and on through the construction phase of the project. Mr. Lulcasik reviewed the services to be provided, including evaluation of a Construction Manager at Risk, management of the construction process, and coordination of the tax-exempt purchasing program. Thereafter, the motion to adopt Resolution 2017-100 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Gebbia announced the Lake Worth Lagoon Fest on Saturday. Vice Mayor Gebbia noted proposed legislation being considered that would limit Home Rule powers of municipalities and urged citizens to become informed about these issues that could negatively impact our community. Additionally, Vice Mayor Gebbia commented on the Constitutional Revision Committee and urged residents to learn about the revisions being proposed to the Florida Constitution. Minutes of Village Council Special Session lield October 26, 2017 Page 5 of 5 MAYOR AND COUNCIL MATTERS/REPORTS continued President Pro Tem Mullinix discussed the recent North County Governmental Committee meeting, which included a post -hurricane report by FPL. President Pro Tem Mullinix noted the need for the Village and its residents to consider FPL's "right tree, right place" program pertaining to trees and vegetation that are planted in proximity to power lines. Councilmember Norris reported on a citizen's concern regarding the Conservatory School middle school becoming a choice program that would require students to audition in order to attend as opposed to being a neighborhood school. A suggestion was made to invite Palm Beach County School Board District 1 representative Barbara McQuinn to discuss this issue at an upcoming Council meeting. RECESS The Regular Session was recessed at 8:42 p.m. in order to commence the Workshop Session. Following the conclusion of the Workshop Session, the Regular Session reconvened at 10:09 p.m. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik discussed parameters included in the draft Request for Proposals for a Restaurant/Banquet vendor at the North Palm Beach Country Club. Discussion ensued on whether the vendor should have input into the theme of the restaurant. A suggestion was made to ask the vendors to provide some idea of how they envision the physical look of the restaurant. Discussion tools place concerning these items: requiring the vendor to hold the alcohol license; and the proposed hours of operation. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:22 p.m. Melissa Teal, MMC, Village Clerk FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 'ST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Norris David B. Village Council of the Village 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: Gi CITY O COUNTY O OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm Beach Palm Beach Village Village of North Palm Beach DATE ON WHICH VOTE OCCURRED An /; / / J MY POSITION IS: U( ELECTIVE O APPOINTIVE 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 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 and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a 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 (CRAB) 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 minutes 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 are not prohibited by Section 112.3143 from otherwise participating 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 page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must 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) David B. Norris , hereby disclose that on . TP b, 420 Q: (a) A measure came or will come before my agency which (check one or more) 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 re inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of U�— is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIREP DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REIPRIMAND, OR A�, CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.