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01-24-2019 VC REG-MPresent: ROLL CALL MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JANUARY 24, 2019 David B. Norris, Mayor Mark 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 Clerk 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 Councilmember Aubrey gave the invocation and Vice Mayor Mullinix led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held January 10, 2019 were approved as written. DECLARATION OF EX PARTE COMMUNICATIONS President Pro Tem Bickel reported discussing the Memory Care CPUD with Karen Marcus. Councilmember Searcy and Vice Mayor Mullinix reported discussions with Marty Perry concerning the Memory Care CPDD. Vice Mayor Mullinix reported discussing the fill permit application with Jason Bator and Dr. Salvatore Grimaldi. Councilmember Aubrey reported a discussion with Marty Perry regarding the Memory Care CPDD. Mayor Norris reported discussions on the Memory Care CPDD with Bill Reichl and with Marty Perry. MOTION — APPLICATION FOR FILL PERMIT TO INSTALL A REPLACEMENT SEA WALL Planning Consultant Erin Sita, Keith & Schnars, presented an analysis of the permit application to replace the seawall and construct a new dock and pier at 788 Lakeside Drive. Mrs. Sita detailed the determinations that the Council must make in order to issue the fill permit. Mrs. Sita discussed the engineering review performed by Keith & Schnars. Mrs. Sita stated the permit is inconsistent with Section 7-2 of the Village Code of Ordinances, as the applicant proposes to fill beyond the established bulkhead line adopted in Ordinance 61; therefore, approval of the permit would require a modification to the Code. Staff recommended denial of the proposed fill permit. Jason Bator, Marine Engineering & Construction, described the proposed method of seawall construction and responded to questions from the Council. Salvatore Grimaldi addressed the Council regarding his application. A motion was made by Vice Mayor Mullinix to do a code amendment. The motion died for lack of a second. A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to deny the application. The motion passed 4-1, with Councilmember Searcy, Councilmember Aubrey, President Pro Tem Bickel, and Mayor Norris voting aye and Vice Mayor Mullinix voting nay. Minutes Village Council Regular Session held January 24, 2019 Page 2 of 6 CONSENT AGENDA ITEMS REMOVED Two items were removed from the Consent Agenda and placed on the Regular Session agenda: Item 6D2, a resolution approving the purchase and installation of two package rooftop units for the Community Center HVAC system; and item 6D3, a resolution approving the purchase and installation of two split systems for the Osborne Park HVAC system. CONSENT AGENDA APPROVED President Pro Tem Bickel moved to approve the Consent Agenda. Councilmember Aubrey seconded the motion, which passed unanimously. The following items were approved: Motion approving Change Order #4 to Therma Seal Roof Systems, LLC in the amount of $6,184.70 for painting the exterior fascia on the new roof at the Public Safety Facility. Receive for file Minutes of the Golf Advisory Board Meeting held 10/15/18. Receive for file Minutes of the Planning Commission Meeting held 11/13/18. Receive for file Minutes of the Recreation Advisory Board Meeting held l/18/19. Receive for file Minutes of the Infrastructure Surtax Oversight Committee Meeting held 1/10/19 RESOLUTION 2019-04 — COMMUNITY CENTER HVAC SYSTEM A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2019-04 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF TWO PACKAGE ROOFTOP UNITS FOR THE COMMUNITY CENTER HVAC SYSTEM FROM G.A. RUSSO INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion took place concerning the date on the quote submitted by Cassidy Air Conditioning. Public Works Director Steven Hallock stated the firm may have re -submitted the same quote that was obtained by the Village at the time of budget preparation. Thereafter, the motion to adopt Resolution 2019-04 passed unanimously. RESOLUTION 2019-05 — OSBORNE PARK HVAC SYSTEM A motion was made by President Pro Tem Bickel and seconded by Vice Mayor Mullinix to adopt Resolution 2019-05 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FLORIDA, APPROVING THE PURCHASE AND INSTALLATION OF TWO AMERICAN STANDARD SPLIT SYSTEMS FOR THE OSBORNE PARK HVAC SYSTEM FROM G.A. RUSSO INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2019-05 passed unanimously. Minutes Village Council Regular Session held January 24, 2019 Page 3 of 6 RESOLUTION 2019-06 — COMMONS MEMORY CARE CPDD MEDIAN OPENING AND TT TR N T .ANF. A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2019-06 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A MEDIAN OPENING AND TURN LANE ON U.S. HIGHWAY ONE IN FRONT OF THE MEMORY CARE COMMERCIAL PLANNED UNIT DEVELOPMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LANDSCAPE MAINTENANCE MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik related that in 2017, the Council approved a Commercial Planned Unit Development (CPDD) project containing a 37,404 SF memory care facility and 6,000 SF of commercial space. Mr. Lukasik noted a condition of the development order required Village review of a median opening shown in the site plan, in order to determine consistency with the Village Master Plan. Applicant Martin Perry gave a presentation on the median opening and requested approval of the Florida Department of Transportation Maintenance Memorandum of Agreement. Mr. Lukasik recommended denial of the application, due to inconsistency with the Master Plan. Thereafter, the motion to adopt Resolution 2019-06 passed 4-1, with Vice Mayor Mullinix, Councilmember Aubrey, President Pro Tem Bickel, and Mayor Norris voting aye, and Councilmember Searcy voting nay. MOTION — RELEASE OF LIEN Mayor Norris declared a voting conflict and passed the gavel to Vice Mayor Mullinix. Mr. Rubin reviewed the request for execution of a Release of Lien imposed against Richard Bauer for code violations existing at 512 Driftwood Road. Mr. Rubin explained the Stipulation and Agreed Order. Amine Aghzafi, The Sheehan Agency, addressed the Council on behalf of the seller and related the buyer's plans for the property. President Pro Tem Bickel moved to approve the request for execution of a Release of Lien imposed against Richard Bauer. Councilmember Aubrey seconded the motion, which passed 4-0. Vice Mayor Mullinix returned the gavel to Mayor Norris. remainder of page left blank intentionally Minutes Village Council Regular Session held January 24, 2019 Page 4 of 6 RESOLUTION 2019-07 — COMMUNITY CENTER LIGHTING GRANT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Aubrey to adopt Resolution 2019-07 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE RECEIPT OF GRANT FUNDS FOR THE COMMUNITY CENTER LIGHTING PROJECT; APPROVING A BUDGET AMENDMENT TO TRANSFER $2,000 FROM CAPITAL PROJECT FUNDS THE SPECIAL REVENUE RECREATION FUND TO PROVIDE MATCHING FUNDS; ACCEPTING A PROPOSAL FROM MUSCO LIGHTING, LLC FOR THE PURCHASE OF LED LIGHT FIXTURES UTILIZING PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the project to replace the existing lights in the gymnasium with LED fixtures. Thereafter, the motion to adopt Resolution 2019-07 passed unanimously. RESOLUTION 2019-08 — ANCHORAGE PARK MARINA ELECTRICAL WORK A motion was made by President Pro Tem Bickel and seconded by Councilmember Searcy to adopt Resolution 2019-08 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF MINUTEMAN ELECTRIC, INC. FOR THE INSTALLATION OF A CIRCUIT PANEL AND RELATED ELECTRICAL WORK AT THE ANCHORAGE PARK MARINA AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the project would restore electricity to the boat slips south of the boat dock and provide electricity to the north side of the boat ramp when the new boat slips are installed. Discussion ensued regarding the timeline for completion and the project specifications. Thereafter, the motion to adopt Resolution 2019-08 passed unanimously. RESOLUTION 2019-09 — SIDEWALK REPAIR CONTRACT A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt Resolution 2019-09 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO FLORIDA SIDEWALK SOLUTIONS, LLC FOR REPAIR OF SIDEWALK TRIP HAZARDS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT FOR REPAIR OF SIDEWALK TRIP HAZARDS WITH THE TOWN OF MIAMI LAKES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Public Works Director Steven Hallock reviewed ongoing efforts to address sidewalk trip hazards. Thereafter, the motion to adopt Resolution 2019-09 passed unanimously. Minutes Village Council Regular Session held January 24, 2019 Page 5 of 6 RESOLUTION 2019-10 — SANITATION REFUSE TRUCK PURCHASE A motion was made by Councilmember Searcy and seconded by President Pro Tem Bickel to adopt Resolution 2019-10 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE 2019 MACK TANDEM REFUSE TRUCK FROM NEXTRAN CORPORATION D/B/A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO AN EXISTING FLORIDA SHERIFF'S ASSOCIATION CONTRACT FOR CAB AND CHASSIS TRUCKS AND OTHER FLEET EQUIPMENT; DECLARING AN EXISTING SANITATION COLLECTION VEHICLE AS SURPLUS PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported the Village received $210,000 from the sale of a front -load truck which would be applied toward the purchase a rear -load truck. Thereafter, the motion to adopt Resolution 2019-10 passed unanimously. RESOLUTION 2019-11 — GOLF CART PATHS REPAIRS PAYMENT A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2019-11 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PAYMENT TO DRIVE ON CART PATH SYSTEMS, LLC FOR REPAIRS TO GOLF CART PATHS AT THE NORTH PALM BEACH COUNTRY CLUB; E,. WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that additional cart paths and curbs were included as part of the golf course renovation project; however, after completion of the work, a portion of the paths and curbing was damaged during the replacement of the irrigation pumps. Thereafter, the motion to adopt Resolution 2019-11 passed unanimously. RESOLUTION 2019-12 — DECORATIVE LIGHTING FOR COUNTRY CLUB CLUBHOUSE A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt Resolution 2019-12 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO SPARK LIGHTING CORP. FOR THE DECORATIVE LIGHTING FOR THE NEW COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik recommended the purchase of 65 decorative lights for the new clubhouse from the low bidder, Spark Lighting Corp. Brief discussion ensued concerning the pecky cypress beams salvaged from the Winter Club. Purchasing Manager Sharon Swan reported that Peacock + Lewis Interior Design Director, Susan Bardin, photographed the beams and would determine their placement in the new clubhouse. Thereafter, the motion to adopt Resolution 2019-12 passed unanimously. Minutes Village Council Regular Session held January 24, 2019 Page 6 of 6 RESOLUTION 2019-13 — GOLF STORAGE SYSTEM PURCHASE A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Bickel to adopt Resolution 2019-13 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO SPACESAVER STORAGE SYSTEMS, INC. FOR A GOLF BAG STORAGE SYSTEM FOR THE NEW COUNTRY CLUB CLUBHOUSE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported the system provides storage for approximately 144 golf bags. Purchasing Manager Sharon Swan stated the storage system would be located in the side area of the cart barn and accessed only by staff. Thereafter, the motion to adopt Resolution 2019-13 passed unanimously. VILLAGE COUNCIL MATTERS/REPORTS Mr. Lukasik noted a Special Meeting was scheduled for February 7, 2019 to hear vendor presentations for restaurant and banquet services at the new clubhouse. Mr. Lukasik stated the February 7th meeting would replace the regular meeting on February 14th. By consensus, the Council agreed to cancel the Regular Session scheduled for February 14, 2019. Vice Mayor Mullinix suggested the Council direct the manager and attorney to assemble a team to investigate the viability of annexation opportunities. Discussion ensued on the benefits of annexation. Councilmember Searcy commented on recent resident communications regarding plastics and cleaning up the Earman River. Councilmember Searcy proposed participating in the Great American Cleanup by assembling a volunteer flotilla to clean up the Earman River. Councilmember Searcy suggested forming a resident steering committee that could finalize plans for this effort and asked that boat ramp fees be waived on cleanup day for volunteers launching from Anchorage Park. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik gave a brief update on the security cameras installed at Lakeside Park, and noted that no troubling activity had been observed. Mr. Lukasik discussed the status of the north docks project at Anchorage Park. Mr. Lukasik reported the project would be broken up into components, with separate bids issued for the pilings, the utilities, and installation of the pilings and assembly of the docks. Mr. Lukasik announced the Hot Cars and Chili event on January 26th at Anchorage Park. Mr. Lukasik noted a communication was received regarding regulating plastic use in restaurants and suggested conducting an educational/promotional program rather than enacting regulations. President Pro Tem Bickel proposed it to the MacArthur Beach junior volunteers as a potential project. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:39 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 bu I U.S. Highway 1 WHICH I SERVE ISA UNIT OF: Ut CITY Q COUNTY 0 OTHER LOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Village of North Palm Beach North Palm Beach Palm Beach DATE ON WHICH VOTE OCCURRED 7 �f MY POSITION IS: IJ 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 (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. 'r YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE .N: • 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 86 - 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 I, , hereby 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 IVAP0 IV'by whom I am retained; o�/�� � 15 L a 7% r J inured to the special gain or loss of , which 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: 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 ilea NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSUI CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMEI\,-__ - REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, ORA CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.