05-13-2010 VC REG-MMINUTES
• VILLAGE COUNCIL REGULAR SESSION
VILLAGE OF NORTH PALM BEACH, FLORIDA
MAY 13, 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
Leonard 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 staff were present.
IIWOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Aubrey gave the invocation and Councilman Gebbia led the public in the Pledge of
Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Manuel proclaimed May 22-28, 2010, as National Safe Boating Week in the Village of
North Palm Beach. Les McWhorter of the Palm Beach Sail and Power Squadron was present to
receive the proclamation.
Mayor Manuel proclaimed the week of May 9-16, 2010 as Police Week and Friday, May 14, 2010,
as Peace Officers' Memorial Day in the Village of North Palm Beach.
Mayor Manuel proclaimed the week of May 16-22, 2010 as Emergency Medical Services Week in
the Village of North Palm Beach. Public Safety Director Robert O'Neill was present to receive
the proclamations for Police Week and Emergency Medical Services Week.
APPROVAL OF MINUTES
The minutes of the Special Session held 4/22/2010 and the minutes of the Regular Session held
4/22/2010 were approved as written.
•
Page 1 of 6
Minutes of Village Council Regular Session held May 13, 2010
1ST READING OF ORDINANCE 2010-07 -CODE AMENDMENT -GENERAL EMPLOYEES
PENSION PLAN
A motion was made by Vice Mayor Aubrey and seconded by Councilman Gebbia to adopt on
first reading Ordinance 2010-07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING AND RESTATING THE VILLAGE OF NORTH PALM
BEACH GENERAL EMPLOYEES PENSION PLAN TO COMPLY WITH STATE AND
FEDERAL LAW AND TO CLARIFY EXISTING PROVISIONS; PROVIDING
ADDITIONAL DEFINITIONS; AMENDING THE DEFINITIONS OF CREDITED SERVICE
AND EARNINGS; PROVIDING FOR THE CREATION OF THE PLAN AND TRUST;
PROVIDING FOR AN OPTION TO PARTICIPATE IN THE VILLAGE'S DEFINED
CONTRIBUTION PLAN; CLARIFYING THE NORMAL RETIREMENT DATE AND
RETIREMENT BENEFIT FOR EMPLOYEES BASED ON DATE OF HIRE; LIMITING
LUMP SUM PAYMENTS TO SMALL RETIREMENT INCOME; MODIFYING THE
COMPOSITION OF THE BOARD OF TRUSTEES AND PROVIDING FOR A TERM OF
SERVICE; CLARIFYING THE AUTHORITY AND DUTIES OF THE BOARD OF
TRUSTEES; PROVIDING A MANNER OF DISTRIBUTION OF ASSETS UPON
TERNIINATION OF THE FUND; PROVIDING FOR MAXIMUM PENSION BENEFITS,
LIMITATIONS ON CONTRIBUTIONS AND DISTRIBUTION OF BENEFITS AS
REQUIRED BY THE INTERNAL REVENUE CODE; PROVIDING FOR ROLLOVERS
FROM QUALIFIED PLANS; CLARIFYING MEMBER CONTRIBUTIONS BASED ON
DATE OF HIRE; SPECIFYING AN INDEX FOR THE COST OF LIVING ADJUSTMENT;
AMENDING SECTIONS 2-146 THROUGH 2-158.1 OF THE VILLAGE CODE OF
ORDINANCES, DELETING SECTION 2-158 AND ADOPTING A NEW SECTION 2-146.1;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight related the need to bring the General Employees Pension Plan into compliance with
current IRS Code requirements and Federal and State pension regulations, as well as the need to
revise existing code language to clarify the benefits available to different members of the Plan.
Mr. Knight noted the proposed ordinance provides for alteration to the General Employees
Pension Board composition in order to eliminate any potential conflicts of interest. Mr. Knight
reviewed the elimination of the lump sum distribution as an optional form of benefit. The
Federation of Public Employees (PPE) has approved an alternate Defined Contribution
Retirement Plan, Mr. Knight reported, which will be offered as an option to all FPE covered
employees. Further, Mr. Knight noted that upon adoption of Ordinance 2010-07, new general
employees would be eligible to participate in the Defined Contribution Retirement Plan only.
Attorney Bonni Jensen, Perry & Jensen, LLC was present to answer questions. Discussion took
place regarding language in Section 2-146 concerning discounting for interest and mortality and
the circumstances under which this applies. Ms. Jensen explained it applies when the actuary
needs to convert the normal retirement benefit into another optional form of benefit, as described
in Section 2-149.
Page 2 of 6
Minutes of Village Council Regular Session held May 13, 2010
1ST READING OF ORDINANCE 2010-07 -CODE AMENDMENT -GENERAL EMPLOYEES
PENSION PLAN continued
Discussion ensued on the definition of "final average earnings." Ms. Jensen confirmed that this
means one month of earnings, based upon the best five years of the last ten years of employment.
A question was raised regarding use ofthe terms "pick-up" and "deduct" in Section 2-150(b)(2).
Ms. Jensen explained that this language is found in Internal Revenue Code § 414(h)(2), and it
applies to governmental plans only - allowing the government to "pick-up" employee
contributions as though they were governmental contributions, so that employee contributions
are on a pre-tax basis.
Section 2-151(d) was discussed with regard to the Board's appointment of a secretary to keep a
complete record of all actions and proceedings by the Board. Ms. Jensen clarified that the
secretary may be a member of the Board; however, pursuant to the addition of subsection (f), the
Board has authority to delegate that responsibility by hiring someone to perform that function.
Thereafter, the motion to adopt Ordinance 2010-07 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:
Resolution 2010-24 appointing Robert A. Gebbia as an alternate representative to
the Northlake Boulevard Corridor Task Force
Receive Minutes of Golf Advisory Board meeting held 4/12/2010
Receive Minutes of Waterways Board meeting held 4/20/2010
Receive Minutes of Library Advisory Board meeting held 4/27/2010
RESOLUTION 2010-25 ADOPTED - BID AWARD FOR POOL RESURFACING
(TABLED ON 4/22/10)
A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to remove
from the table a proposed resolution accepting the bid of National Paving and Waterproofing, Inc.,
for the resurfacing of the Country Club pools at a cost not to exceed $198,765. The motion
passed unanimously.
Mr. Knight reported that National Paving and Waterproofing, Inc. is an authorized applicator for
C.L. Industries pool plaster finishes and C.L. Industries warrantees the product against failure for
10 years from the date of installation. Mr. Knight noted the contract with National Paving and
Waterproofing, Inc. was amended to incorporate the manufacturer's warranty.
• Mr. Knight clarified that the funds being transferred from the Recreation/Developer Fee Account
are not part of reserves.
Page 3 of 6
Minutes of Village Council Regular Session held May 13, 2010
RESOLUTION 2010-25 ADOPTED - BID AWARD FOR POOL RESURFACING
(TABLED ON 4/22/10 continued
Thereafter, Resolution 2010-25 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY NATIONAL PAVING AND
WATERPROOFING, INC. FOR THE RESURFACING OF THE COUNTRY CLUB POOLS
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN
AGREEMENT RELATING TO SUCH SERVICES; AUTHORIZING AND DIRECTING THE
MAYOR AND VILLAGE CLERK TO AMEND THE 2009-2010 BUDGET FOR THE
PURPOSE OF TRANSFERRING $160,000 FROM THE RECREATION/DEVELOPER FEE
ACCOUNT TO THE POOL CAPITAL PROJECT ACCOUNT; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
and moved for adoption by Councilman Hernacki and seconded by Councilman Gebbia on 4/22/10,
passed with all present voting aye.
RESOLUTION 2010-26 ADOPTED - AMENDMENT TO COMMUNICATIONS SITE
LEASE AGREEMENT WITH SPRINT SPECTRUM LP (TABLED ON 4/22/2010
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
remove from the table a proposed resolution approving a First Amendment to the
Communications Site Lease Agreement with Sprint Spectrum, L.P. to provide for the installation
of an additional antenna and related equipment. The motion passed unanimously.
At its 4/22/10 Regular Session, Council had questions concerning the sublease between Clear
Wire LLC and Sprint Telecommunications, and the term of the original Communications Site
Lease Agreement between the Village and Sprint. Mr. Knight reported that the original lease,
entered into on 11/9/99, had a term of five years, with three successive five-year extensions.
Regarding the sublease, Mr. Knight advised that the payment is $15,000 annually.
Thereafter, Resolution 2010-26 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS
SITE LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. TO PROVIDE FOR THE
INSTALLATION OF AN ADDITIONAL ANTENNA AND RELATED EQUIPMENT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
and moved for adoption by Vice Mayor Aubrey and seconded by Councilman Gebbia on 4/22/10,
passed unanimously.
•
Page 4 of 6
Minutes of Village Council Regular Session held May 13, 2010
RESOLUTION 2010-27 ADOPTED -MEDICARE ENROLLMENT APPLICATION
• A motion was made b Vice Ma or Aubre and seconded
y y y by Councilman Hernacki to adopt
Resolution 2010-27 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A
MEDICARE ENROLLMENT APPLICATION AND RELATED DOCUMENTS TO ACCEPT
ASSIGNMENTS OF MEDICARE BENEFITS FOR AMBULANCE SERVICES AND TO
EXECUTE A LETTER THAT THE VILLAGE SHALL BE LEGALLY AND FINANCIALLY
RESPONSIBLE IN THE EVENT OF ANY OUTSTANDING DEBT; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Knight requested Council authorization to execute a Medicare enrollment application with
the Centers for Medicare and Medicaid Services (CMS) to accept assignments of Medicare
benefits for ambulance services. Mr. Knight explained the agreement is necessary due to the
change in the Village's billing agent and because Medicare requires all new agreements to
provide for electronic payment.
Regarding the letter attesting to the Village's legal and financial responsibility in the event of
outstanding debt, Mr. Rubin clarified that CMS required the letter in order to ensure a
mechanism whereby CMS would recoup overpayments (if any) it might make to the Village.
Thereafter, the motion to adopt Resolution 2010-27 passed unanimously.
RESOLUTION 2010-28 ADOPTED -OPPOSING 1% SALES SURTAX FOR EMERGENCY
FIRE RESCUE SERVICES AND FACILITIES
A motion was made by Councilman Hernacki and seconded by President Pro Tem Norris to
adopt Resolution 2010-28 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, EXPRESSING ITS OPPOSITION TO THE PROPOSED ONE PERCENT
SALES SURTAX FOR EMERGENCY FIRE RESCUE SERVICES AND FACILITIES AND
CONVEYING ITS DECISION TO DECLINE PARTICIPATION IN AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY TO PROVIDE FOR THE COLLECTION
AND DISTRIBUTION OF THE SURTAX PROCEEDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight reported that Palm Beach County had postponed the preliminary reading of the fire
rescue sales surtax ordinance for at least thirty days.
Thereafter, the motion to adopt Resolution 2010-28 passed unanimously.
•
Page 5 of 6
Minutes of Village Council Regular Session held May 13, 2010
RESOLUTION 2010-29 ADOPTED - RATIFYING TERMINATION OF FOOD AND
• BEVERAGE LEASE AGREEMENT
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-29 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AND RATIFYING THE TERMINATION OF THE LEASE
AGREEMENT WITH PAARIS GOURMET, INC. (D/B/A C'EST SI BON) TO CONDUCT
FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY
CLUB; AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO DO ALL
THINGS NECESSARY TO ASSUME RESPONSIBILITY OVER FOOD AND BEVERAGE
OPERATIONS; PROVIDING FOR EXPENDITURES RELATING TO THE OPERATION OF
THE COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The motion to adopt Resolution 2010-29 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel announced an application to the Florida League of Cities Municipal Achievement
Awards Program. Mrs. Teal explained the purpose of the FLC Awards Program and asked for
Council support to nominate the Village Heritage Festival and Parade for the City Spirit Award.
Mayor Manuel requested consensus to provide a letter of recommendation in support of the
nomination. By consensus, Council approved this request.
VILLAGE MANAGER MATTERS
Mr. Knight announced that Golf Week magazine's "best municipal course" rankings listed North
Palm Beach Country Club as #1 in Florida and #27 in the nation as a top municipal golf course.
Mr. Knight gave an update on Village operation of the Country Club Restaurant. Mr. Knight
reported on event bookings, start-up costs, hiring and stafftraining, and signage. Discussion ensued
on developing a business plan for the restaurant.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:35 p.m.
~ ~~ ~~?~
Melissa Teal, CMC, Village Clerk
•
Page 6 of 6