03-28-2019 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 28, 2019
Present: Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Susan Bickel, Councilmember
Deborah Searcy, Councilmember
Samia Janjua, Finance Director
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 except Village Manager Lukasik, who was out of town.
Finance Director Samia Janjua attended the meeting on behalf of Mr. Lukasik.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Aubrey gave the invocation and Vice Mayor Mullinix led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held March 14, 2019 were approved as written.
ORDINANCE 2019-02 BUDGET AMENDMENT FOR CAPITAL LEASE ACQUISITIONS
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt
on first reading Ordinance 2019-02 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL YEAR 2019
TO CLASSIFY THE TOTAL AMOUNT FINANCED FOR VILLAGE VEHICLES AS
CAPITAL OUTLAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Janjua stated the budget amendment ordinance shows the total amount financed for capital
leases in the 2019 General Fund Budget; however, there is no net income effect. Mrs. Janjua
stated the amendment serves to satisfy the financial reporting requirements of the Government
Accounting Standards Board (GASB).
Terry Morton, Nowlen, Holt & Miner, explained that according to accounting standards, the
lease is considered long-term debt that, when initiated, is reported as income from loan proceeds,
with the expense being charged like any other capital expenditure. Mr. Morton stated that debt
payments in subsequent years would reflect the actual expenditures for the vehicles.
Regarding the interest rate for the leases, Mr. Morton stated that tax exempt financing would be
at a lower rate; however, the financing method used by the Village provided advantages, such as
convenience and the ability to finance vehicle add-ons.
Thereafter, the motion to adopt Ordinance 2019-02 on first reading passed unanimously.
Minutes of Village Council Regular Session held March 28, 2019 Page 2 of 3
RESOLUTION 2019-26 — FY 2018 COMPREHENSIVE ANNUAL FINANCIAL REPORT
A motion was made by Councilmember Searcy and seconded by Councilmember Bickel to adopt
Resolution 2019-26 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED
BY THE VILLAGE AUDITOR FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018
AND AUTHORIZING ITS FILING WITH THE STATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Terry Morton, Nowlen, Holt & Miner, reviewed the Comprehensive Annual Financial Report
(CAFR) for the fiscal year ending September 30, 2018. Chairman Tom Magill presented
comments on behalf of the Audit Committee.
Thereafter, the motion to adopt Resolution 2019-26 passed unanimously.
RESOLUTION 2019-27 — COUNTRY CLUB RESTAURANT LEASE
A motion was made by President Pro Tem Norris and seconded by Vice Mayor Mullinix to adopt
Resolution 2019-27 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A RESTAURANT OPERATOR AGREEMENT WITH FARMER'S
TABLE, LLC FOR THE EXCLUSIVE PROVISION OF RESTAURANT AND CATERING
SERVICES AT THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Purchasing Manager Sharon Swan reviewed the actions taken to secure a vendor to provide
restaurant and banquet services at the new Country Club Clubhouse. Mrs. Swan reported the
Village Manager and Village Attorney had completed contract negotiations with Farmer's Table.
Farmer's Table co-owner Joey Giannuzzi gave a presentation highlighting the design concept
and menus for the Farmer's Table restaurant at the North Palm Beach Country Club. Mr. Giannuzzi
reviewed plans for community and special events, and opportunities for Farmer's Table Express
prepared food items and offsite catering. Mr. Giannuzzi provided sample menus and discussed
the services to be provided.
Discussion ensued regarding the lease terms. Farmer's Table co-owner Mitchell Robbins addressed
the Council. Mr. Robbins and Mr. Giannuzzi agreed to the following changes: Section 6A, Rent,
Renewal Term rent increases to be 3% over base; Section 17, Holding Over, increased to 200%;
Section 7C, Insurance, insurance carriers must have A rating; and that clarification be included
requiring furniture replacement to be treated the same as the other items supplied by the Village.
Mr. Rubin was directed to revise language regarding remedies in Section 15, Default.
Vice Mayor Mullinix moved to amend the previous motion to include the changes to the lease
agreement. The motion was seconded by Councilmember Searcy and passed unanimously.
Thereafter, the motion to adopt Resolution 2019-27, as amended, passed 4 — 1, with Vice Mayor
Mullinix, Councilmember Searcy, Councilmember Bickel, and Mayor Aubrey voting aye, and
President Pro Tem Norris voting nay.
Minutes of Village Council Regular Session held March 28, 2019 Page 3 of 3
RESOLUTION 2019-28 COMMUNITY DEVELOPMENT DEPARTMENT OFFICE SPACE
A motion was made by Vice Mayor Mullinix and seconded by President Pro Tem Norris to adopt
Resolution 2019-28 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH ICV NPB, LLC
FOR EXISTING SPACE WITHIN VILLAGE SQUARE PLAZA FOR USE BY THE
COMMUNITY DEVELOPMENT DEPARTMENT TO EXTEND THE TERM AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Janjua reported the lease agreement for Community Development Department office space
would expire March 31, 2019. Mrs. Janjua stated the amendment extends the term for an additional
five years, with no increase in the monthly rent for the first year and 3 % per year increase thereafter.
Thereafter, the motion to adopt Resolution 2019-28 passed unanimously.
RESOLUTION 2019-29 PRECISION LANDSCAPE PAYMENT
A motion was made by President Pro Tem Norris and seconded by Councilmember Bickel to adopt
Resolution 2019-29 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A PAYMENT TO PRECISION LANDSCAPE COMPANY OF
PALM BEACH COUNTY, INC. FOR DRAINAGE REPAIRS AT THE NORTH PALM BEACH
COUNTRY CLUB; WAIVING THE VILLAGE'S PURCHASING POLICIES AND
PROCEDURES; AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Janjua stated Precision Landscape completed work that was left out of the original scope for
the golf course renovation project, including drainage repairs and extending the lake at Hole 18.
Thereafter, the motion to adopt Resolution 2019-29 passed unanimously.
VILLAGE COUNCIL MATTERS/REPORTS
Councilmember Bickel inquired about increasing the maximum fine for code violations. Mr. Rubin
advised the fine for initial violations is statutorily limited to $250.00 per day, per violation.
Councilmembers have received suggestions regarding the size of vessels moored in residential
neighborhoods, including limiting the size of fuel tanks; limiting the length, height, or displacement
of vessels; or limiting the beam width of vessels in canals. Vice Mayor Mullinix expressed his
concerns regarding this issue. Mr. Rubin noted the Village is exploring all approaches to the matter.
VILLAGE MANAGER MATTERS/REPORTS
Special Projects Director Chuck Huff reported on the recent Neighborhood Enhancement Team
(NET) house painting project and thanked Joanna Aiken from the Solid Waste Authority,
Velocity Credit Union members, Vice Mayor and Mrs. Mullinix, and the NET staff for their efforts.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:32 p.m.
'0;V
Melissa Teal, MMC, Village Clerk