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09-25-2008 VC REG-MMINUTES OF THE REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA SEPTEMBER 25, 2008 Present: William Manuel, Mayor David B. Norris, Vice Mayor Darryl Aubrey, Sc.D. President Pro Tem T.R. Hemacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: Edwazd M. Eissey, Ph.D. Councilman ROLL CALL Mayor Manuel called the meeting to order at 7:30 p.m. All members of Council were present, except Councilman Eissey, who was out of town. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Manuel gave the invocation and Councilman Hernacki led the public in the Pledge of • Allegiance to the Flag. APPROVAL OF MINUTES The minutes ofthe Regular Session held 9/11/08 were approved as written. STATEMENTS FROM THE PUBLIC Mazgazet Radanovich, 520 Inlet Road, presented the Council with a petition against privatizing the parks maintenance division, and requested that Council revisit this issue before passing the budget. Mrs. Radanovich also distributed photos of the fencing on the sides of Lighthouse Bridge, which depicts a 15-inch gap between the railing and the side fencing. SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE ORDINANCE AND BUDGET ORDINANCE Vice Mayor Norris moved that Ordinance 2008-13 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, 2008 AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE • be adopted and enacted on second reading. President Pro Tem Aubrey seconded the motion. Minutes of Village Council Regular Session held 9/25/2008 Page 2 of 7 SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE • ORDINANCE AND BUDGET ORDINANCE continued Vice Mayor Norris moved that Ordinance 2008-14 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, 2008 AND ENDING SEPTEMBER 30, 2009 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; PROVIDING PROCEDURES FOR BUDGET AMENDMENTS; PROVIDING FOR THE LAPSE OF OUTSTANDING ENCUMBRANCES AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS FOR THE PRIOR FISCAL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE be adopted and enacted on second reading. President Pro Tem Aubrey seconded the motion. Mayor Manuel opened the public hearing. William Miller, Anchorage Drive, suggested Council should take a pay cut and questioned whether councilmen receive a pay increase every yeaz. • Hope Lakin, 517 Flotilla Road, asked if the North Palm Beach Library could be adopted by Palm Beach County, which she felt would offer cost savings to the Village and additional benefits to the residents. Ms. Lakin suggested the Village cut back on distribution ofthe Newsletter during the off- season, aswell asreturn to two-color printing instead offull-color printing in order to save money. Mazgazet Radanovich, 520 Inlet Road, inquired about the millage rate, and whether outsourcing of parks maintenance is included in the budget, and if so, how the cost was determined. Carla Watson, 540 Inlet Road, questioned why property taxes aze increased but there is less police presence in the Village. Roseanne Bukowski, 532 Inlet Road, asked how much Council salaries have increased, other than cost-of-living, and what is the cost-0f--living amount for employees. Mrs. Bukowski inquired how much the Village is saving by hiring outside workers for pazks maintenance, and wondered why news about the outsourcing of parks maintenance was not given in the Village Newsletter. Mrs. Bukowski requested that Council not cut police or garbage services. Rodney Compo, 401 Oyster, asked how many names would be needed on a petition for Council to reverse its decision on parks maintenance. Victory Radanovich, 520 Inlet Road, inquired how much of the budget goes to the Recreation Centers, softball fields, and basketball courts. • Joe Tucciarone, 525 Flotilla, asked about the amount saved by outsourcing pazks maintenance, and whether there was any discussion with pazks maintenance employees regarding changes in benefits that might have been acceptable to them in order to retain their jobs. Mayor Manuel closed the public heazing. Minutes of Village Council Regular Session held 9/25/2008 Page 3 of 7 SECOND READING AND ENACTMENT OF AD VALOREM TAX MILEAGE RATE • ORDINANCE AND BUDGET ORDINANCE continued Mayor Manuel announced that the rolled back rate is 6.7322, the percentage decrease is 0.512% under the rolled back rate, and the millage rate to be levied is 6.6977 mils. The motion to adopt and enact Ordinance 2008-13 on second reading passed unanimously. The motion to adopt and enact Ordinance 2008-14 on second reading passed unanimously. ORDINANCE 2008-15 -CODE AMENDMENT -INVESTMENT POLICY -MOVED TO OCTOBER 23. 2008 WORKSHOP SESSION President Pro Tem Aubrey moved that Ordinance 2008-15 entitled AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 2, "ADMINISTRATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-4, "INVESTMENT POLICY OF THE VILLAGE," TO ESTABLISH A MINIMUM STANDARD FOR LOCAL LIQUIDITY, INCORPORATE NATIONAL BENCHMARKS TO ASSIST IN PORTFOLIO EVALUATION, ESTABLISH PRE- QUALIFICATION PARAMETERS FOR SPECIFIC TYPES OF INSTITUTIONS, REVISE THE PORTFOLIO COMPOSITION, IDENTIFY SPECIFIC TYPES OF INTERNAL CONTROLS, AND REMOVE THE ABILITY TO RECEIVE BANK TRUST RECEIPTS IN RETURN FOR INVESTMENT OF SURPLUS FUNDS IN SECURITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; . AND PROVIDING FOR AN EFFECTIVE DATE be adopted on first reading. Vice Mayor Norris seconded the motion. Mr. Knight thanked the Audit Committee for working with staff to develop the ordinance, and advised that the Comrnittee has requested minor changes to the ordinance, which will be included prior to second reading. Mr. Knight reported that one-twelfth of the operating budget will always be liquid, and placed with a "Qualified Public Depository' as required by statute. Mr. Knight noted that Village funds will be allocated according to type ofinvestment -whether "operating" or "core." Audit Committee Chairman Tom Magill thanked the Manager and Finance Director for their cooperation and suggested that Council adopt the ordinance on first reading. Mr. Magill stated the Audit Committee will meet to make any proposed wording changes, so that the Council may adopt the ordinance, as amended, on second reading. During discussion, a typo was noted on page 4 in subsection (f). It was requested that language on page 7 regarding "upon recommendation of the Village Manager" be revised. It was suggested that language in subsection (r) on page 9 that stipulates "when investment funds are needed" should be revised to specify that Council determines when the funds are needed. Mr. Knight clarified that the Finance Director obtains continuing education credits each yeaz, as required by statute. • Audit Committee Vice Chairman Richard Podell advised the Committee's purpose was to recommend the types of financial instruments appropriate for Village investments; further, that two-thirds of the proposed ordinance is comprised of state mandated requirements. After further discussion, President Pro Tem Aubrey and Vice Mayor Norris withdrew their motion and second, and the Council determined to move this item to the 10/23/08 Workshop Session. Minutes of Village Council Regular Session held 9/25/2008 Page 4 of 7 CONSENT AGENDA APPROVED • Vice Mayor Norris moved to approve the consent agenda. President Pro Tem Aubrey seconded the motion and all present voted aye. The following items were approved: Receive Minutes of Waterways Board meeting held 7/22/08 Receive Minutes of Golf Advisory Boazd meeting held 8/11/08 Receive Minutes of Recreation Advisory Boazd meeting held 8/12/08 Receive Minutes of Library Advisory Board meeting held 8/26/08 Recommendation: "The Library Advisory Board urges the Village Council to maintain Children Services at the present location on the first floor of the Library and supplement existing staff for Children's Services. The Advisory Board pledges to work with the Village Council to identify additional non-tax levy resources to maintain Children's Services staff at existing levels." Receive Minutes of Code Enforcement Boazd meeting held 9/8/08 Receive Minutes of Recreation Advisory Board meeting held 9/9/08 RESOLUTION 2008-63 ADOPTED - EARMAN RIVER PIPELINE REPLACEMENT PROJECT President Pro Tem Aubrey moved that Resolution 2008-63 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO D.S. EAKINS CONSTRUCTION CORPORATION TO PROCEED WITH THE REPLACEMENT OF THE • EARMAN RIVER SUPPLY LINE TO THE COUNTRY CLUB GOLF COURSE IRRIGATION POND AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion Discussion ensued on charging a portion of the cost of the project back to the Country Club Enterprise Fund. Mr. Knight advised that the $85,000 grant received from Florida Department of Environmental Protection for this project cannot be matched with monies from an enterprise fund. Mr. Knight noted that this is infrastructure repair, the cost of which is provided for in the General Fund budget. Mr. Knight recommended that the grant be returned to the State, if the Council determines to pay for part of the project with Country Club funds. Thereafter, the motion to adopt Resolution 2008-63 passed with all present voting aye. RESOLUTION 2008-64 ADOPTED -PARKS MAINTENANCE PROPOSAL President Pro Tem Aubrey moved that Resolution 2008-64 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR THE LANDSCAPE MAINTENANCE . OF VILLAGE PARKS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Minutes of Village Council Regular Session held 9/25/2008 Page 5 of 7 RESOLUTION 2008-64 ADOPTED -PARKS MAINTENANCE PROPOSAL continued • Mr. Knight explained why the two lowest proposals were not acceptable. Mr. Knight advised that the contract with Total Maintenance Building Services, Inc. is a two-yeaz contract with a one-yeaz renewal, and may be ternunated with or without cause. Discussion ensued on the projected savings that will be realized by outsourcing pazks maintenance. Mr. Knight reported that first-year savings are estimated at $150,000, and noted that although savings are actually a little over $200,000, monies must be set aside for unemployment compensation liability. Mr. Knight estimated second-year savings at $250,000, and third yeaz-savings at $288,000, for a total of just under $700,000 over athree-year period, or $1.2 million over five yeazs. Mr. Knight advised that this includes personnel costs, cost-of-living increases and merit increases that would normally occur, as well as capital and operating costs. Mr. Knight noted that compensation to Total Maintenance in successive years is based on the Consumer Price Index (CPI), but is capped at a maximum of 5%. In response to Council, Mr. Knight advised that Total Maintenance has provided mowing and landscape maintenance services to the Village for neazly a year, and the Village has not received any calls concerning security or safety issues regazding employees of Total Maintenance or IGM (golf course maintenance contractor.) Mr. Knight advised that there aze safeguards against the use of illegal labor, because companies aze required to comply with federal law; additionally, the contract provides for background checks. It was requested that in future contracts, the Village's representative be designated by position • title rather than by name. Thereafter, the motion to adopt Resolution 2008-64 passed unanimously. RESOLUTION 2008-65 ADOPTED -TENNIS COURT MAINTENANCE PROPOSAL Vice Mayor Norris moved that Resolution 2008-65 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY CLINT MOSIER COURT MAINTENANCE AND REPAIR, INC. FOR TENNIS COURT MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously. RESOLUTION 2008-66 ADOPTED -LOCAL AGENCY PROGRAM AGREEMENT WITH FDOT Councilman Hernacki moved that Resolution 2008-66 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE RECEIPT • OF FEDERAL FUNDS FOR THE ANCHORAGE PARK BOARDWALK PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Aubrey seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held 9/25/2008 Page 6 of 7 RESOLUTION 2008-67 ADOPTED -PAYMENT OF SERMA LIABILITY • President Pro Tem Aubrey moved that Resolution 2008-67 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING A SUPPLEMENTARY DEFICIT ASSESSMENT PAYMENT TO THE SOUTH EAST RISK MANAGEMENT ASSOCIATION ("SERMA") FOR THE FISCAL YEAR ENDING SEPTEMBER 3Q, 2007; AND PROVIDING FOR AN EFFECTIVE DATE Councilman Hernacki sewnded the motion. Mr. Knight explained that the South East Risk Management Association (SERMA) was an insurance pool in which the Village participated from 1994 through 9/30/2006. Mr. Knight advised that the Village is required to share in the incurred losses for claims of any pool participant during that time period. Mr. Knight reported that the Village received a bill of $174,821 from SERMA, which must be paid by 12/31/08. Mr. Knight noted that although initially plans were made to pay this out of the 2009 budget, sufficient funding is available in 2008 budget to pay it now, which is recommended. Mr. Knight advised that further payments to SERMA may be required until all claims that occurred during the 12-year period of Village participation are finalized. Discussion ensued on verifying the amount of the bill. Mr. Knight reported that SERMA • provides a loss statement and a statement ofthe pool. Village Attorney Len Rubin advised there is a cost allocation formula in the SERMA bylaws. Finance Director Samia Janjua explained that SERMA submits its audited statements and the total of its retained earnings, and the bill is determined by the cost allocation formula. Mr. Knight noted that the cost is proportionate according to the size of the municipality. Thereafter, the motion to adopt Resolution 2008-67 passed unanimously. COUNCIL MATTERS Councilman Hernacki requested that Council discuss side setbacks for corner properties at an upcoming Workshop Session. President Pro Tem Aubrey suggested that the Council consider discussing afive-year strategic plan for the Village. Mr. Knight suggested this could be done as part of the budget workshop process. Vice Mayor Norris related that in past years, Council held a Workshop to discuss its goals and objectives, usually following the Mazch election, in order to provide direction to staff; prior to prepazation of the proposed budget. Brief discussion took place concerning piggybacking of contracts. Mr. Rubin advised that the contract used must be a current one. Mr. Knight explained that staff is required to compaze pricing in order to verify the fair mazket value of the item being purchased or work being performed. VILLAGE MANAGER MATTERS Mr. Knight recognized the Pazks and Recreation Department for participating in the International Coastal Cleanup. Mr. Knight noted that volunteers picked up 840 pounds of trash along Munyon Island and Lakeside Park. Minutes of Village Council Regular Session held 9/25/2008 Page 7 of 7 Mr. Knight reminded Council that his performance evaluation is due at the beginning of the new fiscal year. Mr. Knight stated that he will not be accepting a raise in his salary this year, as it relates to his evaluation. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:26 p.m. Melissa Teal, CMC, Village Clerk •