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10-08-2009 VC REG-MMINU i ES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • OCTOBER 8, 2009 Present: David B. Norris, Mayor William Manuel, Vice Mayor Darryl Aubrey, Sc.D., President Pro Tem Edward M. Eissey, Ph.D., Councilman T.R. Hernacki, P.E., Councilman Jimmy Knight, Village Manager Len Rubin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Eissey gave the invocation and President Pro Tem Aubrey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Regular Session held 9/24/09 and the Minutes of the Special Session held 9/29/09 were approved as written. AWARDS AND RECOGNITION Mayor Norris presented a Certificate to Mark Finney in appreciation of his service to the Village as a member of the Recreation Advisory Board. Mayor Norris proclaimed the week of October 18 - 24, 2009 as Florida City Government Week in the Village of North Palm Beach. Mayor Norris presented a Certificate to Mike Gray in appreciation of his service to the Village as Director of Golf at the North Palm Beach Country Club. RESOLUTION 2009-56- APPOINTING A MEMBER TO THE RECREATION ADVISORY BOARD The following applicants were interviewed by the Village Council: Mark Griffith and Tom Riggs. By written ballot (attached to the minutes of record), the Council appointed Tom Riggs as a member of the Recreation Advisory Board for a term expiring Apri130, 2010. Thereafter, the name of Tom Riggs was entered into Resolution 2009-56. Vice Mayor Manuel moved to adopt Resolution 2009-56 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE RECREATION ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hernacki seconded the motion, which passed unanimously. Minutes of Village Council Regular Session held October 8, 2009 Page 2 of 4 RESOLUTION 2009-57- SOLID WASTE AUTHORITY INTERLOCAL AGREEMENT • Vice Mayor Manuel moved to adopt Resolution 2009-57 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A REVISED INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE Councilman Eissey seconded the motion. Mr. Knight reviewed the recyclable revenue share program, which provides that the Village will receive 50% of the net revenue earned from the sale of residential recovered materials attributed to the Village on a quarterly basis. Mr. Knight reported that the Village could receive an estimated $25,000 in revenue under this program. It was suggested that information on the recycling program be promoted to the residents through the Village Newsletter, and that recycling bins be provided to condominiums that do not currently have recycling collection but wish to participate in the program. Discussion ensued on Section 12, Unacceptable Loads, in the Interlocal Agreement. Mr. Knight reported that safeguards are in place to ensure that the Village is not penalized in this regard. Thereafter, the motion to adopt Resolution 2009-57 passed unanimously. RESOLUTION 2009-58 -GOLF CART LEASE PURCHASE AGREEMENTS Mr. Rubin noted that the loan documents include a Resolution and Certificate of Incumbency; therefore, adoption of Resolution 2009-58 approves this document as well. Because the document also sets forth the authorized signatories, Mr. Rubin noted the Mayor is the authorized signatory and advised should Council wish to authorize an additional signatory, that it be included in the motion. Councilman Eissey moved to adopt Resolution 2009-58 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY TEXTRON, INC. D/B/A E-Z-GO NORTH FLORIDA FOR THE LEASE OF GOLF CARTS FOR THE NORTH PALM BEACH COUNTRY CLUB AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE LEASE/PURCHASE AGREEMENTS IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Manuel seconded the motion. Mr. Knight reported that the current lease with Club Car, Inc. expires 12/1/09. Mr. Knight advised • that staffrecommends accepting the proposal of E-Z-Go fora 36-month lease of 80 new golf carts, two towing carts, the purchase of a range cart, and a final balloon payment of $96,000 due at the end of the 36-month period, for a total cost of $328,705.60. Minutes of Village Council Regular Session held October 8, 2009 Page 3 of 4 RESOLUTION 2009-58 -GOLF CART LEASE PURCHASE AGREEMENTS continued • Discussion ensued on differences between the carts provided by E-Z-Go and Club Car. Mr. Knight advised that E-Z-Go does not provide a premier cart on a 36-month lease. Mr. Knight noted the proposal from Club Car fora 36-month lease of premier carts is approximately $21,000 more than that of E-Z-Go. Director of Golf Mike Gray reviewed the features of the respective golf carts. Mr. Knight clarified that under its current lease with Club Car the Village must pay a $92,000 balloon payment that will be offset by E-Z-Go's buy-back of the existing carts. Thereafter, the motion to adopt Resolution 2009-58 passed 4 -1, with Councilman Eissey, Mayor Norris, President Pro Tem Aubrey, and Councilman Hernacki voting aye, and Vice Mayor Manuel opposed. RESOLUTION 2009-59 - INTERLOCAL AGREEMENT FOR RADIO MAINTENANCE Vice Mayor Manuel moved to adopt Resolution 2009-59 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY RELATING TO THE MAINTENANCE AND REPAIR OF VILLAGE RADIO EQUIPMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. President Pro Tem Aubrey seconded the motion. Mr. Knight reviewed the cost for annual maintenance of the Village's 800 MHz radio equipment and noted that entering into an Interlocal Agreement with Palm Beach County allows the Village to obtain service under the County's current maintenance contract with Motorola. Mr. Knight advised that the maintenance costs are underwritten by the 12.50 fund, through which a portion of the fines collected for traffic citations maybe utilized for radio equipment that enhances interoperability. Discussion ensued regarding the indemnification clause in the agreement. Thereafter, the motion to adopt Resolution 2009-59 passed unanimously. RESOLUTION 2009-60 -PAYMENT OF SERMA LIABILITY Vice Mayor Manuel moved to adopt Resolution 2009-60 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 30, 2008; AND PROVIDING FOR AN EFFECTIVE DATE. The motion was seconded by Councilman Eissey. • Mr. Knight explained that although the Village terminated its membership in the South East Risk Management Association (SERMA) in 2006, it is liable for claims incurred by any pool participants during the period of 1994 - 2006. Minutes of Village Council Regular Session held October 8, 2009 Page 4 of 4 RESOLUTION 2009-60 -PAYMENT OF SERMA LIABILITY continued Discussion took place regarding monitoring of claims and the number of years the Village will be liable for deficit payments. Mr. Rubin reported that the Village receives audited statements detailing what was paid. Finance Director Sarnia Janjua referred to page 16 of the audit report, which details the claims and the number of years SERMA expects it will take to settle the claims. Mr. Rubin advised that until all claims resulting from the period in which the Village was a SERMA member are closed out, the Village is liable if there is a deficit. Council requested that Mr. Rubin research the applicable period after which no more claims can be made. Thereafter, the motion to adopt Resolution 2009-60 passed unanimously. FINAL CLOSEOUT OF STREET OVERLAY PROJECT Vice Mayor Manuel moved to authorize final closeout of the Street Overlay project and final payment to Charles S. Whiteside, Inc. in the amount of $26,595 in accordance with Village policies. President Pro Tem Aubrey seconded the motion. Mr. Knight reported savings of $33,770 from the original contract amount of $299,720, and advised that the remaining funds will be carried over to FY 2010 to offset the cost of the current paving project. Thereafter the motion to authorize final closeout and final payment passed unanimously. MAYOR AND COUNCIL MATTERS Mayor Norris confirmed with Council that the next Regular Session on 10/22/09 will be held at 9:00 a.m. so that a class from St. Clare School may attend as part of its study of local government. Mr. Knight reported receipt of a certificate for excellence in financial reporting from the Government Finance Officers Association (GFOA.) Mr. Knight noted that the GFOA presented an award of financial reporting achievement to Director of Finance Sarnia Janjua and Finance Manager Merle Goldberg. Councilman Hernacki expressed concern regarding the conduct of meetings ofquasi-judicial boards in the Council Chambers. Councilman Hernacki noted that respondents had difficulty hearing and understanding the proceedings when board members do not speak into the microphone while sitting at the dais. Consensus of Council was that staff address this issue at the next meeting of the Code Enforcement Board, Planning Commission, and Zoning Board of Adjustment. Discussion ensued regarding annual attendance by the Village Clerk, Village Manager, or Village Attorney at the May meeting of all boards for the purpose of reviewing rules and procedures. By consensus, Council directed the Village Clerk and Village Attorney to conduct an annual orientation for each of the Village boards and committees during the month of May. VILLAGE MANAGER MATTERS Mr. Knight reminded Council of his upcoming vacation and announced that Director of Public Works Wiley Livingston will be in charge during his absence. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:30 p.m. ~ ~~~,0~~~ r~~ ~~2~~ Melissa Teal, CMC, Village Clerk ~ CLERK'S TALLY SHEET RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Round 1 Round 2 Griffith, Mark lI Riggs, Tom ~/! Scott, Timothy Ned (Signature) C2~' -- (Signature) Round 3 • BALLOT RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Round 1 Griffith, Mark Riggs, Tom Scott, Timothy Ned (Sig ature) Round 2 Round 3 • BALLOT RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Griffith, Mark Riggs, Tom Scott, Timothy Ned Round 1 ign ture) Round 2 Round 3 • BALLOT RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Round 1 Round 2 Round 3 Griffith, Mark Riggs, Tom Scott, Timothy Ned ~m~ c%~ (Signature) • BALLOT RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Round 1 Griffith, Mark Riggs, Tom Scott, Timothy Ned e (Signature) Round 2 Round 3 • BALLOT RECREATION ADVISORY BOARD OCTOBER 8, 2009 Vacancies: 1 regular Round 1 Round 2 Griffith, Mark Riggs, Tom Scott, Timothy Ned Round 3 •