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09-28-2017 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 28, 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 The invocation was given by Councilmember Norris and President Pro Tem Mullinix led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The Minutes of the Special Session held September 21, 2017 were approved as written. PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt and enact on second reading Ordinance 2017-14 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Councilmember Bickel and seconded by President Pro Tem Mullinix to adopt and enact on second reading Ordinance 2017-15 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING THE ANNUAL BUDGET OF THE VILLAGE OF NORTH PALM BEACH FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018 AND AUTHORIZING ALLOCATIONS, APPROPRIATIONS AND EXPENDITURES IN ACCORDANCE WITH THE BUDGET AND AS AUTHORIZED BY LAW; APPROVING A COMPREHENSIVE PAY PLAN AND AUTHORIZING THE VILLAGE MANAGER TO MAKE TEMPORARY APPOINTMENTS TO BUDGETED POSITIONS; APPROVING A MASTER FEE SCHEDULE; PROVIDING FOR THE CREATION OF GOVERNMENTAL FUNDS WHEN NECESSARY; PROVIDING FOR THE RECEIPT OF GRANTS OR GIFTS; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE -APPROPRIATION OF UNEXPENDED APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Minutes of Village Council Special Session lield September 28, 2017 Page 2 of 6 PUBLIC HEARING AND SECOND READING OF AD VALOREM TAX MILLAGE RATE ORDINANCE AND BUDGET ORDINANCE continued / Mayor Aubrey opened the public hearing on the ad valorem tax millage rate and budget. There being no comments from the public, Mayor Aubrey closed the public hearing. Mayor Aubrey announced that the rolled back rate is 6.9039 mils, the percentage increase over the rolled back rate is 6.17%, and the millage rate to be levied is 7.3300 mils. The motion to adopt and enact Ordinance 2017-14 on second reading passed unanimously. The motion to adopt and enact Ordinance 2017-15 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-12 BUDGET AMENDMENT FOR SIDEWALK REPAIR A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt and enact on second 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 RESTRICTED FUND BALANCE ACCOUNT TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Thereafter, the motion to adopt and enact Ordinance 2017-12 on second reading passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-13 CODE AMENDMENT — FERTILIZER FRIENDLY USE PRACTICES A motion was made by Vice Mayor Gebbia and seconded by Councilmember Bickel to adopt and enact on second 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. Minutes of Village Council Special Session Feld September 28, 2017 Page 3 of 6 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2017-13 CODE AMENDMENT — FERTILIZER FRIENDLY USE PRACTICES continued Mr. Lulcasilc detailed revisions to the ordinance pursuant to suggestions received from Sustainable Palm Beach County. Mayor Aubrey opened the public hearing. There being no comments from the public, Mayor Aubrey closed the public hearing. Discussion ensued regarding fertilizer application at golf courses, parks, and athletic fields. Thereafter, the motion to adopt and enact Ordinance 2017-13 on second reading passed unanimously. FIRST READING OF ORDINANCE 2017-17 — ZONING IN PROGRESS A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt on first reading Ordinance 2017-17 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS ALONG THE COMMERCIAL CORRIDORS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH; PROVIDING FOR EXPIRATION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the intent to ensure that proposed development applications submitted prior to the implementation of a form -based code would adhere to the standards and character identified in the Village's Master Plan. Mr. Rubin noted that the Zoning in Progress has been expanded to all of the Village's commercial corridors as directed by Council at its August 24, 2017 Workshop Session. Mr. Rubin advised the ordinance has been revised to incorporate the Planning Commission's recommendation that in the event variances are needed to meet the intent of the Zoning in Progress, the project would come to the Planning Commission first, prior to consideration of a variance by the Zoning Board of Adjustment. Thereafter, the motion to adopt Ordinance 2017-17 on first reading passed unanimously. FIRST READING OF ORDINANCE 2017-18 — CODE AMENDMENT — CANDIDATE QUALIFYING A motion was made by Vice Mayor Gebbia and seconded by Councilmember Bickel to adopt on first reading Ordinance 2017-18 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 10, "ELECTIONS," ARTICLE I, "IN GENERAL," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 10-5, "CANDIDATES FOR OFFICE; QUALIFYING," TO AMEND THE QUALIFYING DATES FOR THE VILLAGE'S GENERAL ELECTION AT THE REQUEST OF THE SUPERVISOR OF ELECTIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lulcasilc stated the ordinance would changes the Village's qualifying dates for Village Council positions to the first seven days in January. Thereafter, the motion to adopt Ordinance 2017-18 on first reading passed unanimously. Minutes of Village Council Special Session held September 28, 2017 Page 4 of 6 CONSENT AGENDA APPROVED Items 4, 5, and 7 were removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, President Pro Tem Mullinix moved to approve the consent agenda. Vice Mayor Gebbia seconded the motion, which passed unanimously. The following items were approved: Resolution 2017-73 approving blanket purchase orders with Balser and Taylor, Inc. in an amount not to exceed $37,000 and Midwest Tape, LLC in an amount not to exceed $22,000 for Village library books and audio-visual materials. Resolution 2017-74 approving a renewal of the book lease plan with Baker and Taylor; and authorizing the Village Manager to execute the renewal authorization. Resolution 2017-75 approving a blanket purchase order with R. George & Associates, Inc. for shelving and furniture for the Village Library in an amount not to exceed $40,256.34. Resolution 2017-78 approving a blanket purchase order with Tiresoles of Broward, Inc. d/b/a Elpex Tires for automotive tires and repair/retread services utilized by the Public Works Department in an amount not to exceed $52,000. Receive for file Minutes of the Planning Commission meeting held 8/8/17. Recommendation: "approve the Comprehensive Plan Text Amendment 17-1." RESOLUTION 2017-76 — BLANKET PURCHASE ORDER— LOWE'S HOME IMPROVEMENT A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2017-76 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 LOWES HOME IMPROVEMENT IN AN AMOUNT NOT TO EXCEED $12,500; AND PROVIDING FOR AN EFFECTIVE DATE. A question was raised concerning the ability to shop at a locally -owned business for fertilizer, spreaders, shovels, and other such items. Public Works Director Steven Hallock explained the reasons for utilizing Lowe's and Home Depot. Mr. Hallock indicated that Public Works checks local hardware stores for specialty items that may not be available at the big box stores or may be priced more competitively. Thereafter, the motion to adopt Resolution 2017-76 passed unanimously. RESOLUTION 2017-77 — BLANKET PURCHASE ORDER — THE HOME DEPOT A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2017-77 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 THE HOME DEPOT IN AN AMOUNT NOT TO EXCEED $12,500; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2017-77 passed unanimously. Minutes of Village Council Special Session held September 28, 2017 Page 5 of 6 RESOLUTION 2017-79 — LICENSE AGREEMENT FOR CUSTOM GOLF FITTING SERVICES A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Gebbia to adopt Resolution 2017-79 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL SUBMITTED BY TOUR FIT GOLF LABS, LLC TO PROVIDE CUSTOM GOLF FITTING SERVICES AND SALES AT THE NORTH PALM BEACH COUNTRY CLUB DRIVING RANGE AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Discussion tools place regarding the rent previously received from Hot Stix for this service. Mr. Rubin noted the revenue received by the Village from Hot Stix was for five months, while the proposal from Tour Fit Golf Labs, LLC covered a twelve-month period. Mr. Lukasik reviewed staff efforts to obtain bids for this service. Discussion ensued on the contract term and renewal options. Thereafter, the motion to adopt Resolution 2017-79 passed unanimously. RESOLUTION 2017-80 — ANCHORAGE PARK MASTER PLAN PHASE 2 A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-80 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING RESOLUTION NO. 2017-62 AND APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR DESIGN AND CONSTRUCTION DOCUMENT PREPARATION SERVICES RELATING TO THE ANCHORAGE PARK MASTER PLAN AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the proposed resolution would replace the previous contract with the firm of Calvin, Giordano and instead utilize Engenuity Group, Inc., the Village's current engineering firm, to provide professional services in support of the Anchorage Park improvements project. Mr. Lukasik reported Engenuity would use the same landscape architect as its subconsultant. A discrepancy was noted between the cost listed on Engenuity's proposal and the total cost as specified on the Scope of Work from 2GHO. Special Projects Director Chuck Huff will verify the cost, and if necessary, a subsequent resolution will be brought forward at the next meeting. Thereafter, the motion to adopt Resolution 2017-80 passed unanimously. RESOLUTION 2017-81— EXTENDING EMERGENCY PURCHASE OF TEMPORARY CHILLER A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2017-81 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 advised the use of the temporary chiller at the Country Club would be extended to January 7, 2017 at a cost of $11,910.00. Thereafter, the motion to adopt Resolution 2017-81 passed unanimously. Minutes of Village Council Special Session held September 28, 2017 Page 6 of 6 VILLAGE COUNCIL MATTERS/REPORTS Mayor Aubrey reminded Council of its annual change in attire beginning in October meeting. Councilmember Bickel reported drug paraphernalia had been found at Anchorage Park. Chief of Police Jenkins advised that anyone finding such items should call 911 so the police may respond and retrieve these items immediately. President Pro Tem Mullinix distributed a handout provided by Gaudet and Associates detailing different project delivery methods for construction of the clubhouse. Councilmember Norris commended Mr. Lulcasilc on the budget process. Mr. Lukasik and the Council recognized the efforts of Finance Director Samia Janjua. Mayor Aubrey recognized Public Works employees for their efforts to clean up debris in the Village resulting from Hurricane Irma. Vice Mayor Gebbia announced the November 4, 2017 Lagoon Fest celebration in West Palm Beach. Vice Mayor Gebbia reported on a presentation by Nick Ahern, of the Metropolitan Planning Organization (MPO) on the U.S. Highway One multi -modal project. Vice Mayor Gebbia noted MPO has obtained federal funding for road projects and suggested North Palm Beach investigate the possibility of applying for grant funding for bike paths and other pending transit projects. Vice Mayor Gebbia asked about the status of the medical marijuana moratorium. Mr. Rubin advised the ordinance would be placed on an upcoming agenda for Council consideration and action. VILLAGE MANAGER MATTERS/REPORTS Mr. Lulcasilc discussed his residency status and requested the Council consider an amendment to his Employment Agreement to grant additional time to move to the Village. Council consensus was in favor of an additional six months. Mr. Rubin will prepare an amendment for the next meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 8:33 p.m. Z2W Melissa Teal, MMC, Village Clerk,