05-24-2018 VC REG-MPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 24, 2018
David B. Norris, Mayor
Marls Mullinix, Vice Mayor
Susan Bickel, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Cleric
Mayor Norris 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 Norris gave the invocation and Councilmember Searcy led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held May 10, 2018 were approved as written.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Norris proclaimed June 1, 2018 as National Gun Violence
Awareness Day in the Village of North Palm Beach. Lauren Eskra of Moms Demand Action
was present to receive the proclamation.
CONSENT AGENDA APPROVED
Councilmember Searcy moved to approve the consent agenda. President Pro Tem Bickel
seconded the motion, which passed unanimously. The following items were approved:
Receive for file Minutes of the Police & Fire Pension Board meeting held 2/20/18
Receive for file Minutes of the Audit Committee meeting held 4/9/18
Receive for file Minutes of the Library Advisory Board meeting held 4/24/18
Receive for file Minutes of the Recreation Advisory Board meeting held 5/8/18
RESOLUTION — FIREARMS PREEMPTION LAWSUIT — TABLED ON 5/10/18 — FAILED
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to
remove from the table a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AUTHORIZING AND DIRECTING THE INTERVENTION INTO A LAWSUIT
SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS
SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION
RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID;
AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held May 24, 2018 Page 2 of 4
RESOLUTION — FIREARMS PREEMPTION LAWSUIT — FAILED continued
Mr. Rubin noted concerns were raised at the last meeting about the Village's potential to incur
costs if the municipalities did not prevail, as well as the lack of a retainer letter for review. Mr. Rubin
related the reasons given by counsel for the municipalities in determining that the risk of
additional costs would be extremely small. Mr. Rubin noted receipt of the retainer letter, which
was included in Council's backup materials.
Discussion ensued regarding these issues: the statutory penalties that may be imposed on elected
officials who violate the preemption; the potential to incur additional costs over and above the
initial cost to join the suit, and the cost to Village taxpayers.
Thereafter, the motion to adopt Resolution 2018-50 failed 1 — 4, with Councilmember Aubrey
voting aye, and Councilmember Searcy, President Pro Tem Bickel, Vice Mayor Mullinix, and
Mayor Norris voting nay.
RESTAURANT AND BANQUET FACILITY OPERATOR VENDOR PRESENTATIONS
Mayor Norris declared a voting conflict.
The Village Council heard presentations by these firms: Rolys at Dublin LLC d/b/a "Bistro" and
Fairways & Greens 5 Star Hospitality, LLC.
By written ballot, the originals of which are attached to the minutes of record, the Village
Council ranked the firms from one to two, respectively: Rolys at Dublin LLC d/b/a "Bistro" and
Fairways & Greens 5 Star Hospitality, LLC.
Councilmember Searcy moved to direct the Village Manager and Village Attorney to negotiate a
contract with Rolys at Dublin LLC d/b/a "Bistro." President Pro Tem Bickel seconded the motion,
which passed 4-0, with Councilmember Aubrey, Vice Mayor Mullinix, President Pro Tem Bickel,
and Councilmember Searcy voting aye.
RESOLUTION 2018-50 — AMENDMENT TO CONSTRUCTION MANAGER AT RISK SERVICES
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt
Resolution 2018-50 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING AMENDMENT #1 TO THE AGREEMENT FOR CONSTRUCTION
MANAGER AT RISK SERVICES WITH THE WEITZ COMPANY, LLC FOR THE
CONSTRUCTION OF A NEW CLUBHOUSE AT THE NORTH PALM BEACH COUNTRY
CLUB TO PROVIDE A GUARANTEED MAXIMUM PRICE FOR DEMOLITION AND
RELATED SITE ACTIVITIES AND ADOPT GENERAL CONDITIONS; AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT #1; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasilc gave a presentation on the amendment, which sets the Guaranteed Maximum Price
(GMP) for mobilization and demolition services at $387,778.00 and approves the General Conditions.
Mr. Lukasik reported the final GMP for the project would be presented on June 28, 2018 as
Amendment #2 to the Agreement. Mr. Lukasilc reviewed the project schedule, which establishes
July 31, 2019 as the substantial completion date, with final completion on August 30, 2019.
Purchasing Manager Sharon Swan and Gerry Kelly of The Weitz Company addressed Council
questions regarding warranties.
Minutes of Village Council Regular Session lield May 24, 2018 Page 3 of 4
Discussion tools place concerning the possibility of preserving a very tall Washingtonian Palm Tree
that would require relocation and staking. The Council determined this would not be feasible.
Discussion ensued regarding the banquet room. Council directed staff and Weitz to investigate
methods of subdividing banquet room to accommodate functions of varying sizes.
Thereafter, the motion to adopt Resolution 2018-50 passed unanimously.
RESOLUTION 2018-51 — GOLF CARTS LEASE AGREEMENT
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Bickel to adopt
Resolution 2018-51 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING A PROPOSAL FROM CLUB CAR, LLC FOR THE LEASE OF
EIGHTY GPS EQUIPPED GOLF CARTS PURSUANT TO PRICING ESTABLISHED BY AN
EXISTING U.S. COMMUNITIES CONTRACT AND AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE NECESSARY LEASE AGREEMENTS AND RELATED DOCUMENTS
IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik responded to Council questions regarding the lease and timing of delivery.
Thereafter, the motion to adopt Resolution 2018-51 passed unanimously.
RESOLUTION 2018-52 — PRECISION LANDSCAPE BLANKET PURCHASE ORDER
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt
Resolution 2018-52 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING RESOLUTION NO. 2018-44 TO INCREASE THE BLANKET
PURCHASE ORDER WITH PRECISION LANDSCAPE COMPANY OF PALM BEACH
COUNTY, INC. BY $25,000 TO PROVIDE FOR THE REMOVAL OF TREES, THE PLANTING
OF NEW TREES AND THE TRIMMING OF EXISTING TREES ON THE VILLAGE GOLF
COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik explained the need for additional help with the planting, trimming, and removal of
trees on the golf course during the golf course renovation project.
Thereafter, the motion to adopt Resolution 2018-52 passed unanimously.
RESOLUTION 2018-53 — ELECTRONIC LOCK PURCHASE
A motion was made by President Pro Tem Bickel and seconded by Councilmember Searcy to
adopt Resolution 2018-53 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE PROPOSAL FROM ELECTRONIC ACCESS SYSTEMS, INC.
D/B/A SOUTHERN LOCK AND SUPPLY CO., HOLB SIERRA CORPORATION AND
SECURITY LOCK SYSTEMS OF TAMPA, INC. FOR THE PURCHASE AND
INSTALLATION OF SIX ELECTRONIC LOCKS FOR THE FIRE RESCUE SIDE OF THE
PUBLIC SAFETY BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2018-53 passed unanimously.
Minutes of Village Council Regular Session held May 24, 2018 Page 4 of 4
MAYOR AND COUNCIL MATTERS/REPORTS
President Pro Tem Bickel relayed that residents were concerned about the removal of mature
trees at Anchorage Park.
MANAGER MATTERS/REPORTS
Mr. Lukasik discussed a request from Chris Harris for approval to install artificial turf on his
residential property. Mr. Rubin advised that this would require a code change. Concerns were
expressed regarding permeability, heat, and use in the front yard. Council referred this issue to
the Planning Commission for review. This item will be placed on a subsequent Council
Workshop agenda for discussion
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:42 p.m.
Melissa Teal, MMC, Village Clerk
FORM
8B 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 the Village of North Palm Beach
IG ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
5u 1 U.S. Highway 1
WHICH I SERVE ISA UNIT OF:
(d CITY ❑COUNTY ❑ OTHER LOCAL AGENCY
CITY
COUNTY
NAME OF POLITICAL SUBDIVISION:
Village of North Palm Beach
North Palm Beach Palm Beach
DATE ON WHICH VOTE OCCURRED 7
a O/�
MY POSITION IS:
d ELECTIVE 13APPOINTIVE
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 (CRAs) 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.
"- SOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
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)(0, 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. Norrishereby disclose that on 20 ��:
(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 relative
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
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:
,A5 Q) ?td 1, )'7 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 FQed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED PISCLOSUf
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: I PEACHME
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
CLERK'S TALLY SHEET
RESTAURANT AND BANQUET FACILITY OPERATOR
AS PART OF A NEW GOLF AND COUNTRY CLUB
May 24, 2018
Rank Each Firm 1 or 2 I
1 = 1st
2 = 2nd
Fairways and Greens
5 Star Hospitality, LLC
ROUND 1
Total
ROUND 2
Total
ROUND 3
Total
(Signature)
IVA�"e�el
(Signat re)
Rolys at Dublin, LLC
d/b/a "Bistro"
Total
Total
Total
BALLOT
RESTAURANT AND BANQUET FACILITY OPERATOR
AS PART OF A NEW GOLF AND COUNTRY CLUB
May 24, 2018
Rank Each Firm 1 or 2
1 = 1st
2 = 2nd
Round 1 Round 2 Round 3
Fairways and Greens 5 Star Hospitality, LLC
'21-
Rolys at Dublin, LLC d/b/a "Bistro" 1
BALLOT
RESTAURANT AND BANQUET FACILITY OPERATOR
AS PART OF A NEW GOLF AND COUNTRY CLUB
May 24, 2018
Rank Each Firm 1 or 2
1 = 1st
2 = 2nd
Fairways and Greens 5 Star Hospitality, LLC
Rolys at Dublin, LLC d/b/a "Bistro"
(Signature)
Round 1 Round 2 Round 3
BALLOT
RESTAURANT AND BANQUET FACILITY OPERATOR
AS PART OF A NEW GOLF AND COUNTRY CLUB
May 24, 2018
Rank Each Firm 1 or 2
1 = 1st
2 = 2nd
Round 1 Round 2 Round 3
Fairways and Greens 5 Star Hospitality, LLC
Rolys at Dublin, LLC d/b/a "Bistro" X
0 OA,4,�'L-�ry
igna k(W)
BALLOT
RESTAURANT AND BANQUET FACILITY OPERATOR
AS PART OF A NEW GOLF AND COUNTRY CLUB
May 24, 2018
Rank Each Firm 1 or 2
1 = 1st
2 = 2nd
Fairways and Greens 5 Star Hospitality, LLC
Rolys at Dublin, LLC d/b/a "Bistro"
(Signatu e)
Round 1
Round 2 Round 3