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10-27-2016 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 27, 2016 Present: David B. Norris, Mayor Doug Bush, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tern Robert A. Gebbia, Councilmember Mark Mullinix, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL 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 President Pro Tern Aubrey gave the invocation and Councilmember Mullinix led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Regular Session held October 13, 2016 were approved as written. 1 ST READING OF ORDINANCE 2016 -10 — CODE AMENDMENT — COMMUNICATIONS SERVICES — TABLED A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bush to adopt on first reading Ordinance 2016 -10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING COMPREHENSIVE REVISIONS TO CHAPTER 29, "TELECOMMUNICATIONS," AND RENAMING THE CHAPTER "COMMUNICATIONS SERVICES;" ADOPTING REVISED DEFINITIONS IN CONFORMANCE WITH STATE AND FEDERAL LAW; DELETING PROVISIONS SUPERSEDED BY STATE STATUTE; PROVIDING FOR WIRELESS COMMUNICATIONS FACILITIES AND DESIGN STANDARDS; PROVIDING FOR AN UPDATED AND REVISED PERMITTING PROCESS; REQUIRING DESIGN FEATURES FOR CERTAIN ABOVE GROUND FACILITIES; PROVIDING PARAMETERS FOR THE PLACEMENT OF WIRELESS COMMUNICATIONS FACILITIES IN RESIDENTIAL RIGHTS -OF -WAY; PROVIDING A WAIVER PROCESS; REVISING THE INSURANCE AND BOND REQUIREMENTS; INCREASING THE MAXIMUM FINE AMOUNT; PROVIDING FOR RESERVATION OF RIGHTS; PROVIDING FOR REGULATION OF PASS - THROUGH PROVIDERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 27, 2016 Page 2 of 6 1ST READING OF ORDINANCE 2016 -10 — CODE AMENDMENT — COMMUNICATIONS SERVICES — TABLED continued Mr. Kelly noted that Council had discussed this item at its June 23, 2016 Workshop Session; however, first reading of the ordinance was delayed at the request of various communications services providers. Mr. Kelly stated the Village Attorney had worked diligently with representatives of Comcast, Verizon, and T- Mobile to create an ordinance that would be workable for the communications services industry, while still protecting residents and the Village's right to manage its rights -of -way to the fullest extent permissible under state and federal law. Attorney Janna Lhota, Holland and Knight, representing Verizon Wireless Personal Communications, spoke in favor of the ordinance and addressed the Council regarding installations and the permissible height of new structures. It was requested that Council be provided with information on the issues that were negotiated with communications services providers and the provisions that are subject to Florida Statutes. Councilmember Gebbia moved to table the ordinance to the next Workshop Session. Vice Mayor Bush seconded the motion, which passed unanimously. 1ST READING OF ORDINANCE 2016 -11 — GENERAL FUND BUDGET AMENDMENT A motion was made by Councilmember Mullinix and seconded by Councilmember Aubrey to adopt on first reading Ordinance 2016 -11 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 TRANSFER $1,000,000.00 FROM THE UNASSIGNED FUND BALANCE TO FUND THE FINAL SCHEMATIC DESIGN THROUGH CONSTRUCTION ADMINISTRATION COMPONENT OF THE COUNTRY CLUB ARCHITECTURAL DESIGN SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE BUDGET AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported that Peacock + Lewis Architects and Planners, LLC had completed the Master Planning Services component of the clubhouse project, and pursuant to Section 31 of the Contract, had submitted, its proposal for the Final Schematic Design through Construction Administration Services based on the State of Florida, Department of Management Services Fee Guide Calculator. Mr. Kelly requested that $1,000,000.00 be allocated for this phase of the Country Club architectural design services in order to provide for basic services to be performed by Peacock + Lewis, additional services to be performed by various sub - consultants, and reimbursable expenses. In accordance with Council direction at its October 13, 2016 Regular Session, Mr. Kelly stated the cost for this phase of the project would be funded from the General Fund Undesignated Fund Balance and expensed in the General Fund budget. Discussion ensued. It was noted that at this time, the Council was approving only the allocation of funds for the second phase of the clubhouse architectural services component of the project. Thereafter, the motion to adopt Ordinance 2016 -11 on first reading passed unanimously. Minutes of Village Council Regular Session lield October 27, 2016 Page 3 of 6 CONSENT AGENDA APPROVED Councilmember Mullinix moved to approve the consent agenda. President Pro Tem Aubrey seconded the motion, and all present voted aye. The following items were approved: Motion to suspend the 11/24/16 and 12/22/16 Council meetings in observance of national holidays Resolution 2016 -71 approving a blanket purchase order with Lowes Home Improvement in an amount not to exceed $12,500 for various facility and grounds improvement materials and supplies utilized by the Public Works Department Resolution 2016 -72 approving a blanket purchase order with The Home Depot in an amount not to exceed $12,500 for various facility and grounds improvement materials and supplies utilized by the Public Works Department Receive for file Minutes of the Library Advisory Board meeting held 9/27/16 Receive for file Minutes of the Golf Advisory Board meeting held 10/17/16 RESOLUTION 2016 -73 — MASTER PLAN A motion was made by President Pro Tern Aubrey and seconded by Vice Mayor Bush to adopt Resolution 2016 -73 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FORMALLY ADOPTING THE MASTER PLAN PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL AS A GUIDELINE FOR FUTURE DEVELOPMENT WITHIN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reviewed the actions taken by Treasure Coast Regional Planning Council (TCRPC) to develop a master plan for future and infill development and redevelopment, and a community based vision for economic growth in conjunction with the ongoing revisions to Village zoning regulations and the creation of a unified land development code. Mr. Kelly requested approval of the resolution formally adopting the Master Plan prepared by TCRPC. Dana Little, TCRPC Urban Design Director, reiterated that the Master Plan is intended to be an aspirational document that incorporates ideas and suggestions from the community, many of which will require further discussion over time. Thereafter, the motion to adopt Resolution 2016 -73 passed unanimously. RESOLUTION 2016 -74 — HOT STIX GOLF LICENSE AGREEMENT A motion was made by Councilmember Mullinix and seconded by Councilmember Gebbia to adopt Resolution 2016 -74 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A LICENSE AGREEMENT WITH ALMENDRAL CAPITAL PARTNERS LLC D /B /A HOT STIX GOLF TO OCCUPY SPACE AT THE COUNTRY CLUB DRIVING RANGE TO PROVIDE CUSTOM GOLF CLUB FITTING SERVICES AND SALES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 27, 2016 Page 4 of 6 RESOLUTION 2016 -74 – HOT STIX GOLF LICENSE AGREEMENT continued Mr. Kelly reviewed the terms of the proposed License Agreement with Hot Stix Golf. Director of Golf Casey Mitchell discussed the benefit to the golf operation. Thereafter, the motion to adopt Resolution 2016 -74 passed unanimously. RESOLUTION 2016 -75 – FY 2017 POLICE UNIFORMS BLANKET PURCHASE ORDER A motion was made by Councilmember Gebbia and seconded by Councilmember Mullinix to adopt Resolution 2016 -75 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR RED THE UNIFORM TAILOR INCORPORATED FOR POLICE AND FIRE DEPARTMENT UNIFORMS, EQUIPMENT AND ACCESSORIES IN AN AMOUNT NOT TO EXCEED $22,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2016 -75 passed unanimously. RESOLUTION 2016 -76 – POLICE VEHICLES PURCHASE A motion was made by Councilmember Mullinix and seconded by Councilmember Gebbia to adopt Resolution 2016 -76 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2017 MARKED FORD INTERCEPTOR POLICE UTILITY VEHICLE AND ONE 2017 UNMARKED FORD INTERCEPTOR POLICE UTILITY VEHICLE FROM GARBER FORD INC. PURSUANT TO AN EXISTING STATE TERM CONTRACT FOR MOTOR VEHICLES; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECT FUNDS BUDGET TO TRANSFER $68,497.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE POLICE — AUTOMOTIVE CAPITAL ACCOUNT; DECLARING SPECIFIED VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR DISPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2016 -76 passed unanimously. RESOLUTION 2016 -77 – LAW ENFORCEMENT TRUST FUND EXPENDITURE FOR LEX PROJECT A motion was made by Vice Mayor Bush, seconded by Councilmember Gebbia, and passed unanimously to adopt Resolution 2016 -77 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE EXPENDITURE OF $4,800.00 FROM THE LAW ENFORCEMENT TRUST FUND FOR ASSET FORFEITURES AND $240.00 FROM THE GENERAL FUND FOR THE VILLAGE'S CONTINUED PARTICIPATION IN THE PALM BEACH COUNTY LAW ENFORCEMENT EXCHANGE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Regular Session held October 27, 2016 Page 5 of 6 RESOLUTION 2016 -78 — MEMORANDUM OF UNDERSTANDING WITH FDLE A motion was made by President Pro Tern Aubrey and seconded by Councilmember Mullinix to adopt Resolution 2016 -78 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE INVESTIGATION OF LINE OF DUTY SHOOTINGS AND IN- CUSTODY DEATHS AND AUTHORIZING THE MAYOR, VILLAGE MANAGER AND POLICE CHIEF TO EXECUTE THE MEMORANDUM ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reviewed the provisions and intent of the proposed Memorandum of Understanding. Thereafter, the motion to adopt Resolution 2016 -78 passed unanimously. RESOLUTION 2016 -79 — SANITATION TRUCK PURCHASE A motion was made by Councilmember Gebbia and seconded by President Pro Tern Aubrey to adopt Resolution 2016 -79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF ONE 2017 MACK FRONT LOAD SANITATION COLLECTION TRUCK FROM NEXTRAN CORPORATION D /B /A NEXTRAN TRUCK CENTER OF RIVIERA BEACH PURSUANT TO AN EXISTING FLORIDA SHERIFF'S ASSOCIATION AND FLORIDA ASSOCIATION OF COUNTIES CONTRACT FOR CAB AND CHASSIS TRUCKS AND OTHER FLEET EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $270,035.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE SANITATION — AUTOMOTIVE CAPITAL ACCOUNT TO FUND THE PURCHASE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly noted the purchase is part of the ongoing conversion of the existing sanitation truck fleet from rear -load models to front -load collection trucks. Thereafter, the motion to adopt Resolution 2016 -79 passed unanimously. RESOLUTION 2016 -80 — PUBLIC WORKS DEPARTMENT PURCHASE ORDER FOR TIRES A motion was made by Councilmember Mullinix and seconded by Councilmember Gebbia to adopt Resolution 2016 -80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A BLANKET PURCHASE ORDER FOR THE PUBLIC WORKS DEPARTMENT WITH TIRESOLES OF BROWARD, INC. D /B /A ELPEX TIRES IN AN AMOUNT NOT TO EXCEED $52,000; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2016 -80 passed unanimously. Minutes of Village Council Regular Session held October 27, 2016 Page 6 of 6 RESOLUTION 2016 -81— SANITATION COLLECTION DUMPSTERS PURCHASE A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bush to adopt Resolution 2016 -81 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF 220 FRONT -LOAD SANITATION COLLECTION DUMPSTERS FROM IRON CONTAINER, LLC UTILIZING PRICING ESTABLISHED BY A CITY OF BOYNTON BEACH CONTRACT; AUTHORIZING THE PURCHASE OF RELATED EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE CAPITAL PROJECT FUNDS BUDGET TO TRANSFER $101,110.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE SANITATION — MACHINERY AND EQUIPMENT CAPITAL ACCOUNT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Kelly reported this purchase would complete the conversion of the Village's existing sanitation collection dumpsters from rear -load to front -load. Thereafter, the motion to adopt Resolution 2016 -81 passed unanimously. VILLAGE COUNCIL MATTERS /REPORTS Discussion tools place regarding the three -month follow -up to the Council's evaluation of the Village Manager. Mr. Kelly gave an update on the projects accomplished since July 14, 2016. Council discussion ensued. Mr. Rubin explained certain contractual and statutory provisions pertaining to the Employment Agreement between Mr. Kelly and the Village. A motion was made by Vice Mayor Bush and seconded by Councilmember Mullinix to direct the Village Attorney to meet with the Village Manager on the terms of separation from the Village. Thereafter, the motion passed unanimously. VILLAGE MANAGER MATTERS /REPORTS Mr. Kelly recognized police officers Phillip LeJeune, Gary Lew, and Shane Mize who were the first responders to an apartment fire on October 16, 2016 and risked their lives to pull the victim from his smoke - filled kitchen. Mr. Kelly reported that staff identified a state bid contract that would allow the Village to engage a financial advisor at a cost of approximately $10,000 to obtain financing proposals for the clubhouse project. Consensus of Council was to authorize a contract with this Financial Advisor to provide the necessary services so that the Audit Committee can make a well - informed recommendation to the Council regarding financing of the new clubhouse. Mayor Norris acknowledged the great things that Mr. Kelly accomplished during his tenure as Village Manager. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:35 p.m. Melissa Teal, MMC, Village Clerk,