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05-14-2015 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA MAY 14, 2015 Present: Robert A. Gebbia, Mayor David B. Norris, Vice Mayor Doug Bush, President Pro Tem Darryl C. Aubrey, Sc.D., Councilmember Judy M. Pierman, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Gebbia 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 President Pro Tem Bush gave the invocation and Mayor Gebbia led the public in the Pledge. AWARDS AND RECOGNITION Representative Pat Rooney, Jr., District 85, gave an overview of the 2015 Legislative Session. On behalf of the Village Council, Mayor Gebbia proclaimed May 17 through May 23, 2015 as National Public Works Week in the Village of North Palm Beach. Public Works Director Brian Moree was present to receive the proclamation. On behalf of the Village Council, Mayor Gebbia proclaimed May 16 through May 22, 2015 as National Safe Boating Week in the Village of North Palm Beach. Palm Beach Sail & Power Squadron Commander Bill Eldridge was present to accept the proclamation. APPROVAL OF MINUTES The Minutes of the Regular Session held April 23, 2015 were approved as written. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -08 — NORTHLAKE STORAGE CPUD A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bush to adopt and enact on second reading Ordinance 2015 -08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 2.34 ACRES OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND SOUTHWIND DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held May 14, 2015 Page 2 of 4 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -08 — NORTHLAKE STORAGE CPUD continued Mr. Kelly reviewed the application from Gentile Glas Holloway O'Mahoney & Associates, Inc. (2GHO), on behalf of the applicants, Flagler Bank and PSI Atlantic NPB FL, LLC, for the creation of a Commercial Planned Unit Development (CPUD) with waivers and site plan amendment to allow for the construction of a 60,110 square foot three -story limited access storage facility in conjunction with the existing 10,000 square foot bank facility located at 555 Northlake Boulevard at the northeast corner of Northlake Boulevard and Southwind Drive. Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia closed the public hearing. Vice Mayor Norris declared a voting conflict. Thereafter, the motion to adopt and enact Ordinance 2015 -08 on second reading passed with President Pro Tern Bush, Councilmember Aubrey, Councilmember Pierman, and Mayor Gebbia voting aye. FIRST READING OF ORDINANCE 2015 -09 — MARCH 2016 ELECTION AND QUALIFYING DATES A motion was made by President Pro Tern Bush and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2015 -09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CHANGING THE DATE OF THE MARCH 2016 GENERAL ELECTION TO COINCIDE WITH THE STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY; ESTABLISHING THE DATES FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING FOR TRANSMITTAL TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly advised that the Village must change the date of its March 8, 2016 general election to coincide with the Presidential Preference Primary on March 15, 2016 in order to have use of the County voting system. Additionally, Mr. Kelly reported it would be necessary to change the candidate qualifying period to meet the deadline for submittal of municipal candidate names to be printed on the ballot. Thereafter, the motion to adopt Ordinance 2015 -09 on first reading passed unanimously. CONSENT AGENDA APPROVED President Pro Tern Bush moved to approve the consent agenda. Vice Mayor Norris seconded the motion and all present voted aye. The following items were approved: Receive for file Minutes of the Planning Commission meeting held 4/14/15 Recommendation: "to amend Appendix C (Chapter 45), Zoning, to adopt regulations addressing Assisted Living Facilities as submitted" (see Workshop Agenda item 2.a) Receive for file Minutes of the Waterways Board meeting held 4/21/15 Receive for file Minutes of the Library Advisory Board meeting held 4/28/15 Minutes of Village Council Regular Session held May 14, 2015 Page 3 of 4 RESOLUTION 2015 -37 — MESSAGE BOARD TRAILER PURCHASE A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt Resolution 2015 -37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF A MESSAGE BOARD TRAILER WITH FULL MATRIX DISPLAY FROM FLORIDA TRANSCOR, INC. AT A TOTAL COST OF $16,640.00 UTILIZING LAW ENFORCEMENT TRUST FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly recommended the purchase of a message board trailer for use by the Police Department. Police Chief Rick Jenkins described the typical uses and noted that due to high demand, as well as rental costs, the Village had been borrowing message boards from surrounding communities. Thereafter, the motion to adopt Resolution 2015 -37 passed unanimously. RESOLUTION 2015 -38 — VEHICLE SURPLUS A motion was made by Councilmember Aubrey and seconded by President Pro Tern Bush to adopt Resolution 2015 -38 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DECLARING ONE FREIGHTLINER REAR LOAD SANITATION COLLECTION TRUCK AS SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported that the rear -load sanitation truck was replaced by a front -load truck and would be offered for sale at public auction. Thereafter, the motion to adopt Resolution 2015 -38 passed unanimously. RESOLUTION 2015 -39 — DRIVING RANGE TEE RENOVATION AND RE- GRASSING PROJECT A motion was made by Vice Mayor Norris and seconded by President Pro Tem Bush to adopt Resolution 2015 -39 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID SUBMITTED BY DETAILED SPORTS TURF CONSTRUCTION, INC. FOR THE COUNTRY CLUB DRIVING RANGE RE- GRASSING PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly described the scope of the $37,630.00 project. Director of Golf Casey Mitchell reviewed the timeframe for the project and confirmed that the price includes irrigation parts and relocation of the light tower. Thereafter, the motion to adopt Resolution 2015 -39 passed unanimously. Minutes of Village Council Regular Session held May 14, 2015 Page 4 of 4 VILLAGE COUNCIL MATTERS /REPORTS ' Councilmember Pierman read a letter regarding Council activities during her tenure, and thanked her colleagues on the Council for the honor of serving with them. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly announced that this week is National Police Week. Mr. Kelly expressed appreciation for the work and service of our North Palm Beach police officers and police chief. Mr. Kelly reported the Fire Rescue Department had an unannounced EMS inspection and received an outstanding review from the State Department of Health. Mr. Kelly noted a Letter to the Editor published in today's edition of the Palm Beach Post newspaper which commended the North Palm Beach Country Club Golf Course for promoting Junior Golf and allowing junior golfers to walk the golf course. Mr. Kelly advised that Team Golf started this week and the Country Club hosts a golf and swim camp each summer. Mr. Kelly reported on a pending change order to the stormwater contract with Engenuity Group, which will add approximately $8,775.00 to the cost of the project. The change order will be presented for Council approval at its May 28, 2015 Regular Session. Mr. Kelly commended and thanked Councilmember Pierman for her service. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:22 p.m. Melissa Teal, CMC, Village Clerk 1 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 MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 U.S. Highway 1 WHICH I SERVE ISA UNIT OF: lit CITY ❑ COUNTY ❑ OTHER LOCALAGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: North Palm Beach Palm Beach Village of North Palm Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: Gf ELECTIVE ❑ 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. 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 86 - EFF. 11/2013 Adopted by reference in Rule 34- 7.010(1)(0, F.A.C. PAGE 1 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 , 20 /_5-: (a) A measure came or will come before my agency which (check one or more) _ inured to my special private gain or loss; _x 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 by whom I am retained; or 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: on�����n If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing att eys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of a in rest 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 REQUIRED 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, REPRIMAND, 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)(0, F.A.C.