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07-13-2017 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 13, 2017 Present: Darryl C. Aubrey, Sc.D., Mayor Robert A. Gebbia, Vice Mayor David B. Norris, Councilmember Mark Mullinix President Pro Tem Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL 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 Councilmember Norris gave the invocation and Mayor Aubrey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Regular Session held June 22, 2017 and Minutes of the Special Session held June 29, 2017 were approved as written. PUBLIC HEARING AND MOTION — SPECIAL PERMIT FOR SIMILAR USE — BRUCE KODNER GALLERIES, INC. Village Planner Erin Sita reviewed the application for a Special Use Permit to allow Bruce Kodner Galleries, Inc. to operate an art, jewelry, and collectibles retail store with associated in-store auction on property located at 420 U.S. Highway One, Suites 10 and 17 as a similar use to those permitted within the CB Commercial Zoning District. Mrs. Sita reviewed conditions of the Special Use Permit. Attorney Gary Brandenburg was present on behalf of the applicant. A motion was made by Vice Mayor Gebbia and seconded by President Pro Tem Mullinix to approve the application for a Special Use Permit, with the conditions specified on page 3 of the Staff Report. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to approve the application, with conditions, passed unanimously. Minutes of Village Council Regular Session held July 13, 2017 Page 2 of 4 FIRST READING OF ORDINANCE 2017-10 — THE BENJAMIN SCHOOL CPUD MODIFICATION A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt on first reading Ordinance 2017-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE BENJAMIN SCHOOL COMMERCIAL PLANNED UNIT DEVELOPMENT TO ADD A TWO-STORY SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS ("STEM") BUILDING TO ITS EXISTING CAMPUS AND TO MODIFY THE PREVIOUSLY APPROVED COMMENCEMENT CONDITION FOR THE MAINTENANCE FACILITY AND CHANGE ITS CONFIGURATION; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Village Planner Erin Sita reviewed the application for a major amendment to The Benjamin School Commercial Planned Unit Development (CPDD) located on 14.79 acres at 11000 Ellison Wilson Road. Mrs. Sita detailed the conditions of approval, as specified in the proposed ordinance. Ken Tuma, Managing Principal, Urban Design Kilday Associates, was present on behalf of the applicant. Mr. Tuma confirmed agreement with the specified conditions of approval. Councilmember Bickel declared a voting conflict due to her employment by The Benjamin School. Thereafter, the motion to adopt Ordinance 2017-10 on first reading passed 4-0. CONSENT AGENDA APPROVED Councilmember Norris moved to approve the consent agenda. President Pro Tem Mullinix seconded the motion, which passed unanimously. The following items were approved: Resolution 2017-48 approving an Agreement between the Village and Thompson Consulting Services, LLC to provide for disaster debris management and support services; Receive for file Minutes of the Library Advisory Board meeting held 5/23/17; and Receive for file Minutes of the Library Advisory Board meeting held 6/27/17. RESOLUTION 2017-49 — EXTENDING EMERGENCY PURCHASE FOR USE OF TEMPORARY CHILLER A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXTENDING THE EMERGENCY PURCHASE FROM CARRIER CORPORATION FOR THE USE OF A TEMPORARY CHILLER FOR THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reported the chiller at the clubhouse failed in January 2017 and was replaced with a temporary chiller. Mr. Lukasik advised that the extension would run from July 15, 2017 through October 2, 2017 at a cost of $14,820.00. Discussion ensued regarding a suggestion that the Village evaluate using a chiller unit instead of package units for the new clubhouse and consider purchasing a chiller unit for the current building, which could be used later in the new clubhouse. Minutes of Village Council Regular Session held July 13, 2017 Page 3 of 4 RESOLUTION 2017-49 — EXTENDING EMERGENCY PURCHASE FOR USE OF TEMPORARY CHILLER continued Mr. Lulcasik stated that staff could evaluate the pros and cons of integrating a chiller into the clubhouse design. Mr. Lulcasik reported the cost of an appropriately sized new chiller at $250,000.00. Thereafter, the motion to adopt Resolution 2017-49 passed 4 — 1, with Councilmember Bickel, Councilmember Norris, Vice Mayor Gebbia, and Mayor Aubrey in favor and President Pro Tem Mullinix opposed. RESOLUTION 2017-50 — SECOND AMENDMENT TO LEASE AGREEMENT FOR FOOD AND BEVERAGE OPERATIONS A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE MONTH TO MONTH LEASE AGREEMENT WITH RBI RESTAURANT, LLC FOR FOOD AND BEVERAGE OPERATIONS AT THE NORTH BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasilc reviewed the provisions of an amendment to the current lease agreement with RBI Restaurant, LLC to provide food and beverage service at the Country Club. Mr. Lukasik reported the amendment would cover the period from July 1, 2017 through September 30, 2017. Councilmember Norris declared a voting conflict. Discussion ensued regarding the terms of the amendment. Thereafter, the motion to adopt Resolution 2017-50 passed 3 — 1, with Councilmember Bickel, Vice Mayor Gebbia, and Mayor Aubrey in favor, and President Pro Tem Mullinix opposed. VILLAGE COUNCIL MATTERS/REPORTS Councilmembers commended Mr. Lukasilc for a quick resolution to the implementation of updated crosswalk signals on U.S. Highway One. Vice Mayor Gebbia reported on the recent meeting of the Northlake Boulevard Task Force. VILLAGE MANAGER MATTERS — CLUBHOUSE DEDUCTIVE ALTERNATIVES Mr. Lukasilc noted that Council, at its June 29, 2017 Special Session, agreed to proceed with the design plans for the clubhouse, as presented, and to look at deductive alternatives as a way to manage the budget. Mr. Lukasilc asked that Council review the final list of design bid alternatives and provide direction regarding the items to be included in the bid documents. Restaurateur Bob Dicicert and Hank Gonzalez, Project Manager for facility design, were present to give an update on the food and beverage operation. Mr. Gonzalez addressed the Council concerning the Carl Von Luger, LLC financial plan and preliminary discussions with potential lenders and equity partners. Mr. Gonzalez introduced Richard McClintock, Specialty Finance Officer at J.P. Morgan Chase, who gave a brief review of the financing. Mr. Dicicert addressed the Council concerning the status of the lawsuit filed by the Peter Luger group. Mr. Dickert reviewed his plans for equipment and staffing. Minutes of Village Council Regular Session held July 13, 2017 Page 4 of 4 VILLAGE MANAGER MATTERS — CLUBHOUSE DEDUCTIVE ALTERNATIVES continued Mr. Lukasik, Sean Sulchu of Peacock + Lewis, and Joe Gaudet of Gaudet and Associates reviewed proposed bid alternates 1a-10, as described on the "List of Value Engineering/Scope Changes" revised on July 12, 2017. Mr. Sulchu presented options and additional bid alternates identified by Peacock + Lewis. Public comment and Council discussion ensued. The Council agreed that the pool office should be kept on the pool deck; therefore, by consensus, Alternate 1 a, Aquatics Complex Building "C" — Check-in Office/Trellis, was eliminated from the list of design bid alternates. By consensus, Council directed Peacock + Lewis to move forward with the bid documents as designed, and to include Alternates 11-15 as presented by Mr. Sulchu. Mr. Gaudet, Purchasing Manager Sharon Swan, and Bob Braido of Peacock + Lewis reviewed the timeline for issuing the Invitation to Bid. Discussion ensued regarding the agreement with Carl Von Luger, LLC for food and beverage operations. Consensus of Council was to schedule a special meeting in the next week to decide whether to move forward with the current restaurateur or to terminate the agreement. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:04 p.m. I _,�ZNW6- oc Melissa Teal, MMC, Village Cleric FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ST NAME—FIRST NAME—MIDDLE NAME Bickel Susan MAILING ADDRESS 501 U.S. Highway 1 CITY COUNTY North Palm Beach Palm Beach 7//3// 7 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Village Council of the Village of North Palm Beach THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: G6 CITY O COUNTY ❑ OTHER LOCALAGENCY NAME OF POLITICAL SUBDIVISION: Village of North Palm Beach WHO MUST FILE FORM 813 Cd ELECTIVE O APPOINTIVE 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 813 - EFF. 1112013 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 I,� 7/il�i�, dJ��, hereby disclose that on 20 L.77: (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 /�,0 j'Z'W i•n a40, �/" 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: /0N:2/4':2 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 Fil Sigrfature 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 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. 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: North Palm Beach Palm Beach DATE ONS IIf\E� 1 -) i Of CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY Village of North Palm Beach WHO MUST FILE FORM 813 If ELECTIVE ❑ APPOINTIVE 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 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 �C 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 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 follows: j-7"�i1J�10.J1j't (� C(I J 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. � C Date Filed Si NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DI,tCLOSURE 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.