08-24-2017 VC REG-MPresent:
ROLL CALL
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
AUGUST 24, 2017
Darryl C. Aubrey, Sc.D., Mayor
Robert A. Gebbia, Vice Mayor
Mark Mullinix President Pro Tem
David B. Norris, Councilmember
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
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 Bickel gave the invocation and Mayor Aubrey led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held August 10, 2017 were approved as written.
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-11 — REPEALING
CHAPTER 12.5 FLOOD DAMAGE PREVENTION
A motion was made by Vice Mayor Gebbia and seconded by President Pro Tem Mullinix to
adopt and enact on second reading Ordinance 2017-11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA AMENDING THE VILLAGE OF NORTH PALM BEACH CODE OF ORDINANCES
BY REPEALING CHAPTER 12.5, "FLOOD DAMAGE PREVENTION," AND SIMULTANEOUSLY
ADOPTING A NEW CHAPTER 12.5; ADOPTING FLOOD HAZARD MAPS; DESIGNATING
A FLOODPLAIN ADMINISTRATOR; ADOPTING PROCEDURES AND CRITERIA FOR
DEVELOPMENT IN FLOOD HAZARD AREAS; ADOPTING LOCAL TECHNICAL
AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Aubrey opened the public hearing
John Samadi, 512 Marlin Road, questioned the reference on page 3, line 43 of the ordinance to
maps dated October 5, 2017. Mr. Rubin confirmed that the new maps have an approved date of
October 5, 2017, which was the date he was advised by the State to reference in the ordinance.
There being no further comments from the public, Mayor Aubrey closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2017-11 on second reading passed unanimously.
Draft Minutes of Village Council Regular Session held August 24, 2017 Page 2 of 6
FIRST READING OF ORDINANCE 2017-12 — BUDGET AMENDMENT FOR SIDEWALK
REPAIR AND REPLACEMENT
A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to
adopt on first reading Ordinance 2017-12 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 PROVIDE FUNDING FOR THE REPAIR AND REPLACEMENT OF
VILLAGE SIDEWALKS; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $30,000.00
FROM THE CAPITAL RESERVE ACCOUNT TO THE PUBLIC WORKS — CONSTRUCTION
AND MAJOR RENOVATION ACCOUNT AND AUTHORIZING THE TRANSFER OF
$44,000.00 FROM THE UNASSIGNED FUND BALANCE TO PROVIDE ADDITIONAL
FUNDING FOR THE PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lukasik stated the amendment would increase the budget for reconstruction projects related
to sidewalk improvements.
During discussion, it was clarified that gas tax reimbursement revenues would be transferred
from the Restricted Fund Balance, not the Unassigned Fund Balance.
Thereafter, the motion to adopt Ordinance 2017-12 on first reading passed unanimously.
FIRST READING OF ORDINANCE 2017-13 — CODE AMENDMENT — FERTILIZER -FRIENDLY
USE PRACTICES
A motion was made by Councilmember Bickel and seconded by Vice Mayor Gebbia to adopt on
first reading Ordinance 2017-13 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 27, "TREES AND SHRUBBERY," OF THE VILLAGE
CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE IV, "FERTILIZER FRIENDLY
ORDINANCE;" PROVIDING FOR A TITLE; PROVIDING FOR DEFINITIONS; PROVIDING
FOR FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR TIMING OF FERTILIZER APPLICATIONS; PROVIDING FOR FERTILIZER
FREE ZONES; PROVIDING FOR FERTILIZER CONTENT AND APPLICATION RATES;
PROVIDING FOR FERTILIZER APPLICATION PRACTICES; PROVIDING FOR MANAGEMENT
OF GRASS CLIPPINGS AND VEGETATIVE MATTER; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR TRAINING; PROVIDING FOR LICENSING OF COMMERCIAL APPLICATORS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR
APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik advised that adoption of the ordinance ensures the Village is compliant with standards
established by Palm Beach County's National Pollution Discharge Elimination System (NPDES) permit.
Mr. Lukasik distributed a comparison of other municipal Florida Friendly Landscape ordinances
prepared by the City of Marco Island. Mr. Lukasik discussed plans for education and enforcement.
Discussion ensued on adding a provision to prohibit fertilizer application during the summer. It was
noted that certain grasses have different requirements that may need to be considered.
Thereafter, the motion to adopt Ordinance 2017-13 on first reading passed unanimously.
Draft Minutes of Village Council Regular Session held August 24, 2017 Page 3 of 6
CONSENT AGENDA APPROVED
Item 1 was removed from the Consent Agenda. Thereafter, the following items were approved:
Resolution 2017-60 accepting the proposal of Florida Blue to provide health insurance to
Village employees and authorizing cancellation of the existing policy.
Receive for file Minutes of the Police & Fire Pension Board meeting held 5/16/17.
Receive for file Minutes of the Recreation Advisory Board meeting held 8/8/17.
Recommendation: "to designate all Village Parks as Smoke Free Parks."
Receive for file Minutes of the Infrastructure Surtax Oversight Committee meeting held 8/15/17.
RESOLUTION 2017-59 — APPROVING PAYMENT FOR REPLACEMENT OF DAMAGED
MEDIAN LANDSCAPING
Mr. Lulcasilc explained the request that Council formally approve the expenditure of funds associated
with the replacement of landscaping that was damaged due to an accident in one of the medians.
Discussion ensued on insurance reimbursements. Purchasing Manager Sharon Swan reviewed
Village procedures with regard to filing insurance claims and obtaining payment from individuals.
A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to
adopt Resolution 2017-59 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING PAYMENT TO PRECISION LANDSCAPE COMPANY OF PALM
BEACH COUNTY, INC. FOR REPLACEMENT OF DAMAGED MEDIAN LANDSCAPING
WITHIN THE U.S. HIGHWAY ONE MEDIAN; AND PROVIDING FOR AN EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2017-59 passed unanimously.
RESOLUTION 2017-61 — GOLF COURSE MAINTENANCE SERVICES CONTRACT
EXTENSION — TABLED ON 8/10/17
A motion was made by Vice Mayor Gebbia, seconded by Councilmember Norris, and passed
unanimously to remove from the table Resolution 2017-61 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE CONTRACT FOR GOLF
COURSE MAINTENANCE SERVICES WITH INTERNATIONAL GOLF MAINTENANCE, INC.
TO EXTEND THE TERM OF THE CONTRACT AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lulcasilc discussed the proposed extension of the contract to September 30, 2019. Rich Pizzolato,
Vice Chairman of the Golf Advisory Board, presented the Board's unanimous recommendation
that the Village Council approve the extension of IGM's contract for two years.
Discussion tools place concerning the condition of the golf course and the proposed golf course
renovation projects. Mr. Rubin will add language to the contract requiring IGM to perform in
accordance with a modified scope of services to be developed by the Village's agronomist.
Thereafter, the motion to adopt Resolution 2017-61 passed 4 — 1, with Councilmember Norris,
Councilmember Bickel, Vice Mayor Gebbia, and Mayor Aubrey voting aye, and President Pro
Tem Mullinix voting nay.
Draft Minutes of Village Council Regular Session lield August 24, 2017 Page 4 of 6
RESOLUTION 2017-62 — PROFESSIONAL SERVICES CONTRACT FOR ANCHORAGE PARK
PHASE 2 MASTER PLAN
A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to
adopt Resolution 2017-62 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO CALVIN, GIORDANO & ASSOCIATES, INC.
FOR DESIGN AND CONSTRUCTION DOCUMENT PREPARATION SERVICES RELATING
TO THE ANCHORAGE PARK MASTER PLAN PURSUANT TO PRICING ESTABLISHED IN
AN EXISTING CONTRACT FOR PROFESSIONAL SERVICES WITH THE TOWN OF JUPITER
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik reported the services to be provided include creation of a Phase 2 Master Plan, along
with construction plans necessary to implement grant funded park improvements. Mr. Lukasik
reviewed the timeline for the projects. Mr. Rubin explained that Gentile, Glas, Holloway,
O'Mahoney would perform the work as a subcontractor of Calvin, Giordano & Associates, Inc.
Thereafter, the motion to adopt Resolution 2017-62 passed unanimously.
RESOLUTION 2017-63 — ANCHORAGE PARK BULKHEAD PROJECT
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt Resolution 2017-63 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A PROPOSAL FROM ENGENUITY GROUP, -INC. FOR SURVEYING,
ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED
WITH THE ANCHORAGE PARK BULKHEAD PROJECT AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lukasik stated Engenuity Group, Inc. and its sub -consultants would provide design and
project management services for the seawall installation on the north side of the launch ramp at
Anchorage Park.
Special Projects Manager Chuck Huff reported on the design process. A concern was raised
regarding paying twice for services, as it was noted that the Village already incurred costs for
design work performed by a previous sub -consultant. Discussion ensued on costs.
A motion was made by Vice Mayor Gebbia and seconded by Councilmember Norris to amend
the resolution to reduce the contract amount by $2,500.00 to $57,100.00, subject to confirmation
of actual costs incurred. The motion passed unanimously.
Thereafter, the motion to adopt Resolution 2017-63, as amended, passed unanimously.
[remainder of page intentionally blank]
Draft Minutes of Village Council Regular Session held August 24, 2017 Page 5 of 6
RESOLUTION 2017-64 — ROADWAY PAVING CONTRACT
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to
adopt Resolution 2017-64 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO M & M ASPHALT MAINTENANCE, INC.
D/B/A ALL COUNTY PAVING FOR THE MILLING AND RESURFACING OF THE
PUBLIC ROADWAY ADJACENT TO THE CAMELOT MOTEL PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING CONTRACT FOR GENERAL ROADWAY AND
MISCELLANEOUS CONSTRUCTION WITH THE CITY OF WEST PALM BEACH AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin clarified that the roadway was dedicated on the plat as a roadway easement, and
although not a public thoroughfare road, it is a public road that the Village has maintained in the past.
Public Works Director Steve Hallock reported on the condition of the roadway and the milling
and resurfacing project. Chief of Police Rick Jenkins stated having the roadway in serviceable
condition was critical to police and fire access.
Discussion ensued on the costs for mobilization, maintenance of traffic, and insurance, as detailed
in the Scope of Work. It was requested that staff verify the costs of such items on future contracts.
Thereafter, the motion to adopt Resolution 2017-64 passed unanimously.
RESOLUTION — TEMPORARY SITE SETUP CONTRACT — TABLED TO 8/31/17
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
adopt a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO E&F FLORIDA ENTERPRISE, INC.
D/B/A CREATIVE CONTRACTING GROUP FOR TEMPORARY SITE SET UP AT THE
NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lt6msik described the work to be done, including construction of ramps, stairs, and decking,
as well as infrastructure connections, and a temporary curb cut on U.S. Highway One. Special
Projects Director Chuck Huff distributed detailed information on the Scope of Work for the
temporary facilities. Mr. Huff reviewed the bid alternates. Purchasing Manager Sharon Swan
confirmed that Council could add any of the alternates now; however, adding them later in the
project would increase the cost and require obtaining new quotes for those items.
Discussion ensued on the bid alternates with regard to public amenities that should be available
during the construction project. Mr. Lukasik suggested Council hold a special meeting on Thursday,
August 31, 2017 so that staff could provide more information on options and choices pertaining
to the transition process and receive Council direction in order to move forward with the project.
By consensus, the Council agreed to schedule a special meeting at 7:00 p.m. on August 31, 2017.
Vice Mayor Gebbia moved to table the resolution. The motion to table was seconded by
President Pro Tem Mullinix and passed unanimously.
Draft Minutes of Village Council Regular Session lield August 24, 2017 Page 6 of 6
VILLAGE MANAGER MATTERS/REPORTS
Golf Director Casey Mitchell presented a request from the Sharks and Bandits men's league to
host a golf tournament on November 11, 2017 at the North Palm Beach Country Club for the
benefit of the family of Kathy Young. Ms. Mitchell stated the Village would be reimbursed for
expenses, with net proceeds from the event going to the Young family. Ms. Mitchell explained
how costs are determined. Discussion ensued regarding the process for approving special events.
It was noted that costs should be clearly identified for all such events so that requestors could
determine the amount of revenue to expect. A motion to approve the benefit tournament was
made by Vice Mayor Gebbia, seconded by President Pro Tem Mullinix, and passed unanimously.
Mr. Lukasik reviewed the draft Request for Qualifications (RFQ) for Consulting Services to
prepare a Land Development Code to implement the components of the Master Plan. Mr. Lukasik
stated that once approved by Council, it would be approximately one month for respondents to
return their qualifications. Mr. Lukasik and Mr. Rubin described the evaluation and selection process.
Mr. Lukasik discussed the Scope of Work/Specifications component of the RFQ.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:47 p.m.
174 -
Melissa Teal, MMC, Village Cleric