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06-10-2010 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JiTNE 10, 2010 Present: William L. Manuel, Mayor Darryl G. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Leonard Rubin, Village Attorney Melissa Teal, Village Clerk Absent: ROLL CALL Robert A. Gebbia, Councilman Mayor Manuel called the meeting to order at 7;30 p.m. All members of Council were present, except Councilman Gebbia, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem Norris gave the invocation and Mayor Manuel led the public in the Pledge. AWARDS AND RECOGNITION On behalf of the Village Council, Mayor Manuel presented a Certificate to Jeannette Campbell in appreciation of her years of service to the Village as a member of the Golf Advisory Board. On behalf of the Village Council, Mayor Manuel presented a Certificate to Timothy Hullihan in appreciation of his years of service to the Village as Chairman and member of the Planning Commission. On behalf of the Village Council, Mayor Manuel presented a Certificate to Charles Isiminger in appreciation of his years of service to the Village as Chairman and member of the Waterways Board. APPROVAL OF MINUTES The minutes of the Regular Session held S/27/2010 were approved as written. STATEMENTS FROM THE PUBLIC Interviews were conducted with applicants to the Audit Committee, Golf Advisory Board, Planning Commission, and Waterways Board. The following persons were present far interviews by the Village Council: Stanley Lustig Phillip Houston Brian Idle Stephen Mathison Mary Person Scott Hicks Greg Keller Joseph McGrane Joseph Tringali Robert Werner Minutes of Village Council Regular Session held June 10, 2010 AUDIT COMMITTEE Page 2 of 4 Vice Mayor Aubrey moved to appoint Ed Stone to the Audit Committee as a regular member. President Pro Tem Norris seconded the motion, and all present voted aye. Consensus of Council was that Stanley Lustig be appointed to the Audit Committee as the 2nd alternate member. GOLF ADVISORY BOARD By written ballot, the original of which is attached to the minutes of record, the Council appointed Brian Idle as the 1st alternate and Stephen Mathison as the 2nd alternate to the Golf Advisory Board. PLANNING COMMISSION Councilman Hernacki moved that Scott Hicks be appointed to the Planning Commission as a regular member. President Pro Tem Norris seconded the motion, which passed unanimously. WATERWAYS BOARD Councilman Hernacki moved that Jerry Sullivan be moved from 1st alternate to regular member on the Waterways Board. President Pro Tem Norris seconded the motion, which passed unanimously. By written ballot, the original of which is attached to the minutes of record, the Council appointed Joseph Tringali as the 1st alternate and Robert Werner as the 2nd alternate to the Waterways Board. 1ST READING OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA PUBLIC UTILITIES A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt on first reading Ordinance 2010-08 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE WITHIN THE VILLAGE OF NORTH PALM BEACH: GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. Knight explained that the existing franchise agreement with Florida Public Utilities (FPU) was approved in 1980 and granted FPU a franchise to utilize the Village's streets and public rights-of--way to provide facilities for the purchase, distribution, and sale of natural gas fox a period of thirty years. Mr. Knight reported that the new franchise agreement provides for an increase in the franchise fee from 5% to 6.5% of FPU's gross revenues. Mr. Knight enumerated additional changes in the terms of the franchise agreement and advised it is non-exclusive. Discussion ensued on Section 1, concerning the term of the agreement; Section 7, concerning deduction of permit fees or business tax receipts; and Section 12, concerning right to assign. Mr. Rubin clarified that the franchise agreement prevents the Village of North Palm Beach from acting as a retail seller of natural gas, but does not prevent other companies from selling natural gas in the Village. Minutes of Village Council Regular Session held June 10, 2010 Page 3 of 4 1ST READING OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA PUBLIC UTILITIES continued During Council discussion, Mr. Rubin was directed to request FPU agreement to certain revisions of the franchise agreement including reducing the term from 30 years to 20 years; deleting "reasonableness" wording in Section 12 regarding assignment or transfer of franchise rights; addition of language to ensure no gap in payments between expiration and renewal of the franchise agreements; and addition of language in Sectian 1 to provide that FPU will notify the Village Manager (or designee) in the event of any outage. Thereafter, the motion to adopt Ordinance 2010-08 on first reading passed unanimously. CONSENT AGENDA Councilman Hernacki moved to approve the consent agenda. Vice Mayor Aubrey seconded the motion, which passed unanimously. The consent agenda included the following items: Receive Minutes of Planning Commission meeting held 5/4/2010 Receive Minutes of Golf Advisory Board meeting held 5/10/2010 Receive Minutes of Library Advisory Board meeting held 5/25/2010 Receive Minutes of Planning Commission meeting held 6/1/2010 RESOLUTION 2010 33 - APPOINTING MEMBERS TO VILLAGE BOARDS A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt Resolution 2010-33 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, GOLF ADVISORY BOARD, PLASINING COMMISSION, AND WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin recited the names of those appointed to the specified Village boards. Thereafter, the motion to adopt Resolution 2010-33 passed unanimously. RESOLUTION -JANITORIAL SERVICES CONTRACT -'TABLED TO 6-24-2010 Mr. Knight advised that the Village exercised its right to terminate the Contract for Janitorial Services at Village Facilities with Harvard Maintenance, Inc. Mr. Knight reported on results of the Request for Proposal (RFP) for Janitorial Services issued on 5/9/2010. Mr. Knight noted that although daily cleaning of the Country Club Restaurant was originally included in the submitted proposals, it has since been determined that this task will be the responsibility of in-house restaurant staff. Mr. Knight and Public Works Director Wiley Livingston detailed the factors considered in evaluating the proposals, which resulted in a recommendation to accept the proposal submitted by Image Janitorial Services, Inc. Discussion ensued on the proposal submitted by Coverall North America, Inc. Mr. Knight reported that while Coverall submitted a proposal, it plans to give the contract to ane of its local franchise holders. Council directed that staff contact Coverall to determine which franchisee would do the work and to research qualifications and references. It was questioned whether the contract can be assigned. President Pro Tem Norris moved to table this item to the next Regular Session. Vice Mayor Aubrey seconded the motion, which passed 3 - 1, with President Pro Tem Norris, Vice Mayor Aubrey, and Mayor Manuel voting aye, and Councilman Hernacki opposed. Minutes of Village Council Reg~dar Session held June 10, 2010 SMALL BUSINESS GRANT PROGRAM APPROVED Page 4 of 4 Mr. Knight presented a proposal to institute a Small Business Grant Program, to be administered through the Community Development Department, which would assist small business property owners with improvements to the exterior of their business. Mr. Knight explained that the goal of the program is to enhance the aesthetics of the Village's commercial corridor while fostering a collaborative partnership with the business community. Mr. Knight stated the program would be structured to provide matching grants of up to $5,000 for improvements to small business properties, and would require businesses to match each dollar of grant funds with one dollar of their own funds. Mr. Knight recommended an appropriation of $100,000 from the undesignated reserve account to fund the program. Mr. Knight explained that a Small Business Grant Award Board would be established to review each application. During discussion, it was suggested that a period of one year be established for use of the funds. Mr. Knight suggested Council might wish to consider funding from the Council contingency account. President Pro Tem Norris moved to authorize the Small Business Grant Program and direct staff to prepare the necessary budget amendments in accordance with Village policies. MAYOR AND COUNCIL MATTERS/REPORTS Discussion took place concerning the reorganization of the General Employees Pension Board pursuant to the recently enacted ordinance, which amended the General Employees Pension Plan. Mayor Manuel noted that Council would appoint two members to the Board, and requested Council consideration and direction regarding Jim Peterson, presently serving as resident member on the Board. Councilman Hernacki moved to continue Jim Peterson as the Council representative on the General Employees Pension Board. President Pro Tem Norris seconded the motion, which passed unanimously. The Village Clerk was directed to advertise for volunteers for one position to be appointed by the Council. Regarding the Village's food and beverage operation, it was suggested that WiFi capability be implemented at the Restaurant and on the pool deck. Mr. Knight advised installation is in progress. VILLAGE MANAGER MATTERS Mr. Knight reported on receipt of the actuarial report on the General Employees Pension Plan, which indicated that due to recently enacted changes, funding of the plan has risen from 56% to 73%, resulting in a drop in the Village's required contribution from 23% to 15.9%. Mr. Knight reported on notification from Palm Beach County that it has approved Village annexation of the Davidson tract of land located west of the railroad track. Mr. Knight reminded Council of the upcoming Business Forum on June 16, 2010. Mr. Knight advised Council of distribution of the Village's 2010 Hurricane Plan. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:33 p.m. ,~_ Melissa Teal, CMC, Village Cler CLERK'S TALLY SHEET GOLF ADVISORY BOARD June 10, X010 Vacancies: 2 total (2 alternates) Round 1 Round 2 Round 3 Beverstein, Russell Dzickowski, Dean Griffith, Mark Houston, Phillip Idle, Brian t( " Mathison, Stephen ~_ Person, Mary (Signature) \ ~ (Signature BALLOT GOLF ADVISORY BOARD June 10, 2010 Vacancies: 2 total (2 alternates) Round 1 Round 2 Round 3 Beverstein, Russell Dziczkowski, Dean Griffith, Mark Houston, Phillip - ~~ Idle, Brian Mathison, Stephen Person, Mary ( ignature) BALLOT GOLF. ADVISORY BOARD June 10, 2010 Vacancies: 2 total (2 alternates) Round 1 Round 2 Round 3 Beverstein, Russell Dziczkowski, Dean Griffith, Mark Houston, Phillip Idle, Brian _~ Mathison, Stephen Person, Mary (Signatu ) BALLOT GOLF ADVISORY BOARD June 10, 2010 Vacancies: 2 total {2 alternates) Round 1 Round 2 Round 3 Beverstein, Russell Dziczko~nrski, Dean Griffith, Mark Houston, Phillip Idle, Brian 1 Mathison, Stephen Person, Mary BALLOT GOLF' ADVISORY BOARD June 10, 2010 Vacancies: 2 total ~2 alternates) Round 1 Round 2 Round 3 Beverstein, Russell Dziczkowski, Dean Griffith, Mark Houston, Phillip Idle, Brian Mathison, Stephen ~ Person, Mary ~i'~ C~~ ,„ 7 (Signature) CLERK'S TALLY SHEET WATERWAYS BOARD June 10, 2010 Vacancies: 2 total {2 alternates) Round 1 Hipple, Bill Keller, Greg ~~ McGrane, Joseph Preti, Ed Tringali, Joseph Werner, Robert (Signature) Round 2 Round 3 _. (Signa ure) BALLOT WATERWAYS BOARD June 10, 2010 Vacancies: 2 total (2 alternates} Round 1 Round 2 Round 3 Hipple, Bill Keller, Greg McGrane, Joseph Preti, Ed Tringali, Joseph Werner, Robert ~%Z~c~ (Signature) -- BALLOT WATERWAYS BOARD June 10, 2010 Vacancies: 2 total (2 alternates) Round 1 Round 2 Hipple, Bill Keller, Greg McGrane, Joseph Preti, Ed Tringali, Joseph Werner, Robert ~ Round 3 BALLOT WATERWAYS BOARD June 10, 2010 Vacancies: 2 total {2 alternates) Round 1 Round 2 Round 3 Hipple, Bill Keller, Greg -~~~- McGrane, Joseph Preti, Ed Tringali, Joseph Werner, Robert BALLOT WATERWAYS BOARD June 10, 2010 Vacancies: 2 total {2 alternates) Hipple, Bill Keller, Greg McGrane, Joseph Preti, Ed Tringali, Joseph Werner, Robert Round 1 .~ Round 2 Round 3 (Signature)