Loading...
06-24-2010 VC REG-M MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JUNE 24, 2010 Present: William L. Manuel, Mayor Darryl C. Aubrey, Sc.D., Vice Mayor David B. Norris, President Pro Tem T.R. Hernacki, P.E., Councilman Robert A. Gebbia, Councilman Jimmy Knight, Village Manager Leonazd Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Manuel 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 Hernacki gave the invocation and Vice Mayor Aubrey led the public in the Pledge. APPROVAL OF MINUTES The minutes of the Regular Session held 6/10/2010 were approved. SECOND READING AND ENACTMENT OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA PUBLIC UTILITIES A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt and enact on second 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 reviewed the status of the revisions requested by the Council, and noted additional language in Section 3, requiring FPU to notify and keep the Village informed of any major outages in service, and in Section 7, eliminating any lapse in payment of the franchise fee due to a gap between expiration of the franchise granted by Ordinance 11-80 and the effective date of Ordinance 2010-08. Mr. Knight advised that FPU would not agree to a shorter term, or to amending Section 7 to remove the reasonableness limitation on the Village's ability to object to a transfer or assignment. Mr. Knight reported that FPU agreed to execute a sepazate agreement • allowing the Village to amend the franchise ordinance, should FPU grant any other unit of local government a franchise fee in excess of 6.5%. Mayor Manuel opened the public heazing. There being no comments from the public, Mayor Manuel closed the public hearing. Minutes of Village Council Regular Session held June 24, 2010 Page 2 of 5 SECOND READING AND ENACTMENT OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA PUBLIC UTILITIES continued • Mr. Rubin stated that FPU would deliver the Agreement to Modem Franchise Ordinance at the same time it delivers the Acceptance of Franchise Grant (Exhibit "A"). Mr. Rubin related that upon receipt of these documents from FPU, a resolution would be placed on a subsequent Regular Session agenda acknowledging FPU's acceptance of the franchise and authorizing execution of the Agreement to Modem Franchise Ordinance by the Village. Discussion ensued concerning the effect if the Village and FPU did not come to new terms on the franchise. Thereafter, the motion to adopt and enact Ordinance 2010-08 on second reading passed unanimously. FIRST READING OF ORDINANCE 2010-09 -CODE AMENDMENT -CODE ENFORCEMENT SPECIAL MAGISTRATE A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt on first reading Ordinance 2010-09 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VI, "CODE ENFORCEMENT BOARD," TO PROVIDE FOR THE APPOINTMENT OF CODE ENFORCEMENT SPECIAL MAGISTRATES IN LIEU OF A CODE ENFORCEMENT BOARD, TO REMOVE REDUNDANT AND UNDULY RESTRICTIVE LANGUAGE AND TO ENSURE COMPLIANCE WITH CHAPTER 162, FLORIDA STATUTES; AMENDING SECTIONS 2-172, "DEFINITIONS," 2-173, "APPLICABILITY," 2-174, "ORGANIZATION OF BOARD," 2-175, "ENFORCEMENT PROCEDURE," 2-176, "CONDUCT OF HEARING, 2-177, "POWERS OF ENFORCEMENT BOARD," 2-178, "FINES; LIENS," 2-179, "DURATION OF LIEN," 2-180, "APPEAL," AND 2-181, "NOTICES;" ADOPTING NEW SECTION 2-183, "PROVISIONS SUPPLEMENTAL;" PROVIDING FOR TRANSITION OF PENDING MATTERS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that the proposed ordinance provides for the appointment of one or more Special Magistrates by the Council to preside over Code Enforcement proceedings and requires that the person appointed as a Special Magistrate be an attorney and a member of the Florida Bar, with a minimum of five years of local government or municipal experience. During discussion, the following suggestions were made: revise page 5, subsection (c) Qualifications, to change the minimum number of year of experience from five year to ten years, and to stipulate that the special magistrate must have local government or municipal experience in the State of Florida, and add "electrical code" in line 41, page 2, Section 2-173, Applicability, wherein enforcement and jurisdiction over Chapter 6 of the Code of Ordinances is specified. Mr. Rubin opined that Section 2-173 should be revised to reference the Florida Building Code. • Discussion took lace concernin emer enc hearin s for violations of an irr arable or P g g Y g eP irreversible nature. Mr. Rubin noted the language is taken from Chapter 162, Florida Statutes. Minutes of Village Council Regular Session held June 24, 2010 Page 3 of 5 FIRST READING OF ORDINANCE 2010-09 -CODE AMENDMENT -CODE ENFORCEMENT • SPECIAL MAGISTRATE continued Discussion was held regarding Section 2-181, Notices, and a suggestion was made to post notices on the Village website, in addition to posting on the bulletin boards at Village Hall. It was clarified that posting of hearing notices is an additional method of service and only those Notice of Hearing that cannot be hand delivered, or for which certified mail return receipt is not received, are posted on the bulletin board. Council determined not to add an additional posting requirement to the proposed ordinance, but to mandate as a matter of policy that any Notice of Hearing posted on the bulletin boards at Village Hall would also be posted on the Village website. Regarding attendance by the Village Attorney at Special Magistrate Hearings, it was clarified that the Village Attorney would not necessarily be present at each hearing, but would attend only if necessary due to technical issues of the case. Thereafter, the motion to adopt Ordinance 2010-09 on first reading passed unanimously. CONSENT AGENDA President Pro Tem Norris moved to approve the consent agenda. Councilman Gebbia seconded the motion, which passed unanimously. The consent agenda included the following items: Receive Minutes of Code Enforcement Board meeting held 6/7/2010 Receive Minutes of Recreation Advisory Board meeting held 6/8/2010 RESOLUTION 2010-34 ADOPTED -JANITORIAL SERVICES CONTRACT (TABLED ON 6/10/2010) A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to remove from the table a proposed resolution approving and ratifying termination of the Contract for Janitorial Services with Harvard Maintenance, Inc., and accepting a proposal from Image Janitorial Services to provide janitorial services at Village facilities. The motion passed unanimously. Mr. Knight reviewed additional information received from Coverall North America, Inc. and reported that Coverall would assign the contract to a separate corporate entity that is a Martin County franchisee, and not presently licensed in Palm Beach County. Mr. Knight advised that Coverall North America, Inc. would not be performing the janitorial services, and noted that the Village Attorney opined that the Village cannot enter into a contractual agreement with Coverall and have Coverall assign it to a different corporate entity unless the Council expressly consents to such assignment. Regarding the other two low bids, Mr. Knight reported that Sunkey Building Maintenance Services, Inc. is headquartered in Orlando and not currently licensed in Palm Beach County; therefore, it would have to hire both line workers and supervisors. Mr. Knight reported that American Facilities Services, Inc. is located in Alpharetta, Georgia. Mr. Knight briefly reviewed certain criteria in the Request for Proposal and recommended awarding the contract to Image Janitorial Services, Inc. Discussion took place concerning the previous cost of janitorial services when done in-house. Minutes of Village Council Regular Session held June 24, 2010 Page 4 of 5 RESOLUTION 2010 34 ADOPTED -JANITORIAL SERVICES CONTRACT (TABLED ON 6/10/2010) continued • Thereafter, Resolution 2010-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND RATIFYING THE TERMINATION OF A CONTRACT FOR JANITORIAL SERVICES WITH HARVARD MAINTENANCE, INC.; ACCEPTING A PROPOSAL FOR JANITORIAL SERVICES AT VILLAGE FACILITIES FROM IMAGE JANITORIAL SERVICES, INC. AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE was adopted, with all those present voting aye. RESOLUTION 2010-35 ADOPTED - HURRICANE/DISASTER DEBRIS REMOVAL CONTRACT A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt Resolution 2010-35 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PHILLIPS AND JORDAN, INC. FOR HURRICANE/DISASTER DEBRIS REMOVAL WITHIN THE VILLAGE BY PIGGY BACKING AN EXISTING AGREEMENT BETWEEN PHILLIPS AND JORDAN, INC. AND THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Knight advised that Phillips & Jordan has offered to extend the Village's current contract for the same terms as its contract with the Solid Waste Authority. Mr. Knight noted that there is no cost unless the Village issues a Notice to Proceed. Discussion ensued regarding a performance bond. Mr. Rubin advised that the Solid Waste Authority (SWA) agreement specifies a Proposal Bond of $500,000 and a Performance and Payment Bond ranging from two to ten million dollars depending on the category of the storm. Mr. Rubin noted that the bond terms are incorporated into the Village's agreement with Phillips & Jordan. Thereafter, the motion to adopt Resolution2010-35 passed unanimously. RESOLUTION 2010-36 ADOPTED -EMERGENCY REPAIR OF PUBLIC SAFETY AIR CONDITIONING CHILLER A motion was made by President Pro Tem Norris and seconded by Vice Mayor Aubrey to adopt Resolution 2010-36 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE EMERGENCY PURCHASE OF PARTS REQUIRED TO REPAIR THE AIR CONDITIONING CHILLER AT THE VILLAGE'S PUBLIC SAFETY FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2010-36 passed unanimously. Minutes of Village Council Regular Session held June 24, 2010 Page 5 of 5 • MAYOR AND COUNCIL MATTERS/REPORTS By consensus, the Council designated Mayor Manuel as the voting delegate and Vice Mayor Aubrey as the alternate voting delegate (should one be necessary) at the Florida League of Cities Annual Conference in August. VILLAGE MANAGER MATTERS Mr. Knight reported that upon the advice of the auditors and subject to Council approval, funds for the Small Business Grant Program would be appropriated from Council Contingency instead of Reserves. Council approved the appropriation by consensus. Mr. Knight advised that a Request for Proposals for property casualty insurance would be issued, and requested that Council engage the Audit Committee to review, compare, and rank the proposals received. By consensus, Council directed the Audit Committee to perform this function. Mr. Knight related that Lake Park Town Manager Maria Davis informed him that the Town of Lake Park had cancelled its 4th of July festivities; therefore, he extended an invitation to Lake Park to join the Village's celebration, which will be held on Sunday, July 4, 2010 at the Country Club. Vice Mayor Aubrey noted the successful Business Forum held this past week. Mr. Knight advised that an item would be placed on the next Workshop agenda to review the results of the Forum. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:37 p.m. Cc, ~ ~ ~i~G ~%C~ Melissa Teal, CMC, Village Clerk •