10-23-2008 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORH)A
OCTOBER 23, 2008
Present: William Manuel, Mayor
David B. Norris, Vice Mayor
Darryl Aubrey, Sc.D., President Pro Tem
Edwazd M. Eissey, Ph.D., Councilman
T.R. Hemacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonazd Rubin, Village Attorney
Melissa Teal, CMC, 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
President Pro Tem Aubrey gave the invocation and Mayor Manuel led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The minutes of the Regulaz Session held 10/09/08 and the Special Session held 10/13/08 were
approved as written.
STATEMENTS FROM THE PUBLIC
Dianne Reeves, Assistant Vice President for Advancement/Northem Campuses, gave a presentation
on the Harriet L. Wilkes Honors College located at the North Campus of Florida Atlantic University.
SECOND READING AND ENACTMENT OF ORDINANCE 2008-15 -CODE AMENDMENT -
NUISANCE ABATEMENT
Councilman Eissey moved that Ordinance 2008-15 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RELATING TO NUISANCE ABATEMENT; REPEALING DIVISION 3,
"ABANDONED, INOPERATIVE AND JUNKED PROPERTY," OF ARTICLE II,
"GARBAGE TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION,"
OF THE VILLAGE CODE OF ORDINANCES; REPEALING ARTICLE IV, "WEEDS AND
BRUSH," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF
ORDINANCES AND REPLACING IT WITH A NEW ARTICLE IV, "ABATEMENT OF
PUBLIC NUISANCES ON PRIVATE PROPERTY;" PROVIDING FOR DEFINITIONS;
DESIGNATING USES AND ACTIVITIES CONSTITUTING .A PUBLIC NUISANCE;
• PROVIDING FOR NOTICE AND THE RIGHT TO A HEARING; PROVIDING FOR
ABATEMENT; PROVIDING FOR ASSESSMENT OF COSTS AND IMPOSITION OF A
LIEN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted and enacted on second reading. Vice Mayor Nonis seconded the motion.
Minutes of Village Council Regular Session held 10/23/2008 Page 2 of 6
SECOND READING AND ENACTMENT OF ORDINANCE 2008-15 -CODE AMENDMENT -
• NUISANCE ABATEMENT continued
Mr. Knight noted one change to the ordinance, which is the addition ofthe phrase `Svith approval
ofthe Village Manager" in Section 14-82 on page 3.
Mayor Manuel opened the public hearing. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2008-15 on sewnd reading passed
unanimously.
SECOND READING AND ENACTMENT OF ORDINANCE 2008-16 -COMMERCIAL
WASTE DISPOSAL FEES
Councilman Eissey moved that Ordinance 2008-16 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND
DISPOSAL," OF ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14,
"HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 14-30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL
FEES AND COLLECTION PROCEDURES" TO INCREASE THE ANNUAL DISPOSAL FEE
AS ADOPTED BY THE SOLID WASTE AUTHORITY; PROVIDING FOR CODIFICATION;
• PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 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. There being no comments from the public, Mayor Manuel
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2008-16 on second reading passed
unanimously.
FIRST READING OF ORDINANCE 2008-17 -CODE AMENDMENT -INVESTMENT POLICY
Councilman Eissey moved that Ordinance 2008-17 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 UPDATE THE LIST OF
VILLAGE FUNDS, 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, REMOVE THE ABILITY TO
• RECEIVE BANK TRUST RECEIPTS IN RETURN FOR INVESTMENT OF SURPLUS
FUNDS IN SECURITIES, AND PROVIDE FOR QUARTERLY REPORTING; 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.
Minutes of Village Council Regular Session held 10/23/2008 Page 3 of 6
FIRST READING OF ORDINANCE 2008-17_-INVESTMENT POLICY continued
• Mr. Knight enumerated changes made to the ordinance resulting from the 10/22/08 meeting of
the Audit Committee, including: page 5, subsection (f)(1), deleting reference to bank rating
CAEL scare of 4 and revising table to change CAEL Score to 1 - 3; page 9, subsection (p),
Reporting, deleting book value and adding acquisition cost, yield, and maturity date; page 10,
subsection (t) adding language pertaining to "...utilization of a singular qualified Investment
Provider to invest Village funds..."; and minor typographical corrections.
It was questioned as to whether the authorized signatories listed on page 10 are required to be
bonded. Mr. Rubin noted that the Village Manager and Finance Director are bonded.
Discussion ensued on the meaning of the term "singulaz qualified Investment Provider."
Mr. Knight expressed his intent to issue a Request for Qualifications for an investment provider.
Audit Committee Vice Chairman Richard Podell explained that certain banks offer no-fee
brokerage assistance provided by a single individual who is a registered broker. Mr. Rubin will
develop revised language for this term.
Thereafter, the motion to adopt Ordinance 2008-17 on first reading passed unanimously.
ORDINANCE 2008-18 -CODE AMENDMENT -POLICE AND FIRE PENSION FUND
Councilman Eissey moved that Ordinance 2008-18 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY
AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE V, "PENSIONS AND
RETIREMENT SYSTEMS," DIVISION 4, "PENSION AND CERTAIN OTHER BENEFITS
FOR FIRE AND POLICE EMPLOYEES," SECTION 2-159, "DEFINITIONS," SECTION 2-
160, "MEMBERSHIP," SECTION 2-161, "BENEFIT AMOUNTS," AND SECTION 2-162,
"OPTIONAL FORMS OF BENEFITS," TO AMEND THE NORMAL RETIREMENT AGE
AND THE CALCULATION OF ACCRUED BENEFITS, TO PROVIDE FOR IMMEDIATE
MEMBERSHIP IN THE PLAN, AND TO ELIMINATE LUMP SUM DISTRIBUTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted on first reading. President Pro Tem Aubrey seconded the motion.
Mr. Knight explained that the Village receives supplemental funding for the police and fire
pensions, referred to as 175/185 monies. Mr. Knight stated that once the pension plan is
sufficiently funded, there is a statutory requirement to provide certain minimum benefits and
standards, in order to continue to receive 175/185 revenue. Mr. Knight reported that the pension
plan actuary has advised that the plan is sufficiently funded to provide these benefits.
A question was raised regarding amending the definition of normal retirement age to 55 years of age
with 10 years of credited service, as the requirement for 10 years of credited service is not listed in
the ordinance. It was noted there is a 10-yeaz minimum in order to be vested in the pension plan.
• Mr. Rubin noted a correction to language in Sections 2-159 and 2-161 regarding the maximum
benefit. Because the maximum benefit could exceed 60% of average monthly earnings, this
language will be deleted.
Thereafter, the motion to adopt Ordinance 2008-18 on first reading passed unanimously
Minutes of Village Council Regular Session held 10/23/2008 Page 4 of 6
CONSENT AGENDA APPROVED
• Councilman Eissey moved to approve the consent agenda. Vice Mayor Norris seconded the
motion and all present voted aye. The following items were approved:
Suspend Council meetings of 11/27/08 and 12/25/08 in observance ofnational holidays.
Receive Minutes of Golf Advisory Boazd meeting held 9/8/08
Receive Minutes of Waterways Boazd meeting held 9/23/08
Receive Minutes of Recreation Advisory Boazd meeting held 10/14/OS
RESOLUTION 2008-70 ADOPTED -ADDENDUM TO PBA COLLECTIVE BARGAINING
AGREEMENT
Vice Mayor Norris moved that Resolution 2008-70 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN ADDENDUM TO ARTICLE 33 OF THE
COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE BENEVOLENT
ASSOCIATION OF PALM BEACH COUNTY, INC., RELATING TO PENSION BENEFITS
FOR BARGAINING UNIT MEMBERS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE ADDENDUM; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Eissey seconded the motion.
• Mr. Knight reported receip4 of written notification that the Addendum has been ratified by the PBA.
Discussion ensued on whether the requirement for 10 yeazs of credited service needs to be included
in the Addendum. Mr. Rubin opined the Addendum stipulates that the parties agree to amend the
pension ordinance to include certain benefits; therefore, it is addressed in the ordinance.
Thereafter, the motion to adopt Resolution 2008-70 passed unanimously.
RESOLUTION 2008-71 ADOPTED -ADDENDUM TO IAFF COLLECTIVE BARGAINING
AGREEMENT
Councilman Eissey moved that Resolution 2008-71 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN ADDENDUM TO ARTICLE 6 OF THE
COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL
FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.,
RELATING TO PENSION BENEFITS FOR BARGAINING UNIT MEMBERS AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE ADDENDUM;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
• be adopted. Vice Mayor Norris seconded the motion.
Mr. Knight reported receipt of written notification that the Addendum has been ratified by the IAFF.
Thereafter, the motion to adopt Resolution 2008-71 passed unanimously.
Minutes of Village Council Regular Session held 10/23/2008 Page 5 of 6
RESOLUTION 2008-72 ADOPTED -AMENDMENT TO CONTRACT WITH ALLSTATE
• WINDOWS & KITCHENS
Councilman Eissey moved that Resolution 2008-72 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN AMENDMENT TO THE EXISTING CONTRACT
WITH AQUI SI KITCHENS AND WINDOWS CORP. D/B/A ALLSTATE WINDOWS &
KITCHENS TO INCLUDE REPLACEMENT OF WINDOWS AT THE VILLAGE LIBRARY
AND EXTEND THE TIME OF PERFORMANCE; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Aubrey seconded the motion.
Mr. Knight reported the need to replace leaking windows at the Library and noted that this
project was included in the FY 2009 Budget. Mr. Knight recommended that Council approve an
amendment to the current contract with Allstate Windows & Kitchens to include replacement of
the Library windows.
Thereafter, the motion to adopt Resolution 2008-72 passed unanimously.
FINAL CLOSEOUT OF COMMUNITY CENTER RE-ROOFING PROJECT
• Vice Mayor Norris moved to authorize final closeout of the Community Center re-roofing
project and final payment to Advanced Roofing, Inc. in the amount of $144,699.75 in accordance
with Village policies. Councilman Eissey seconded the motion, which passed unanimously.
Discussion ensued on leaks at the Community Center. Mr. Knight advised that replacing the
windows will resolve all problems with leaks. Mr. Knight reported on the need to add extra
bracing in the walls to support installation of the hurricane-impact windows.
COUNCIL MATTERS
Mayor Manuel reminded Council that there aze 12 days remaining before the election and
requested that councilmen contact their constituents regarding the Let Us Vote issue.
President Pro Tem Aubrey reported on the recent meeting of the Florida League of Cities
Finance and Taxation Committee and asked the Council to contact him with any comments
concerning the League's position on legislative issues with regazd to finance or taxation.
VILLAGE MANAGER MATTERS
Director of Information Technology Michael Applegate demonstrated the new `birtual tour" of
the golf course, which will be posted on the website tomorrow. Mr. Applegate noted there aze
key words built-in to this program, so that Internet seazch engines will include the Village
• website in search results, when these key words aze used. Copies of the "virtual tour" were
provided to the Council.
Mr. Knight reported that golf memberships to date are 331, a decrease from last yeaz; however,
200 more golf rounds were played this October than in October 2007.
Minutes of Village Council Regular Session held 10/23/2008 Page 6 of 6
VILLAGE MANAGER MATTERS continued
• Director of Golf Operations Mike Gray reviewed proposed business and corporate golf memberships.
Mr. Gray discussed establishing a golf membership category for those who own a business or
property in North Palm Beach but do not live here. Mr. Gray explained the current policy, which
requires payment for anon-resident membership, even though the business or landowner pays
property taxes to North Palm Beach. Mr. Gray proposed a single membership rate of $2,650,
which is midway between the resident and non-resident rate. Mr. Gray noted the fee for a family
membership, if desired, would also be at the midway point ofthe resident/non-resident rate.
Discussion ensued on defming "business owners." It was suggested that this not include tenants,
but be limited to business owners who pay property taxes to the Village. Discussion took place
concerning those who rent residential property. Mr. Gray noted they are able to purchase a
resident membership, upon proofofresidency.
Discussion ensued on a membership cap. Mr. Gray recommended limiting total golf memberships,
including business and corporate memberships, to the cap established in the budget.
Mr. Gray discussed establishing a corporate golf membership at a cost of $6,500, which would
include any Palm Beach County business or corporation. Mr. Gray proposed limiting the
membership to 200 rounds of golf per year, with two tee times per day allowed, and issuing four
membership cards to the corporation, which must be presented at time of play.
Discussion was held regarding the cost per round for corporate memberships It was suggested that
golf rounds be spread out over the year or limited to a specified number during the high season.
Discussion ensued on requirements to obtain a corporate membership. It was suggested that a
current business tax receipt be required in order to ensure that only currently operating
corporations are able to obtain memberships. It was requested that the corporate membership be
limited to specific persons designated by the corporation who will have membership, rather than
allowing the corporation to purchase pre-paid rounds. It was suggested that the number of
corporate memberships be limited. [the audience was invited to participate in the discussion]
Mr. Gray advised that the Golf Advisory Board unanimously recommended moving forward
with business and corporate golf memberships, pending Council discussion and approval.
By consensus, Council approved the proposal for business memberships. It was determined that
the proposal for corporate memberships needs further consideration.
Mr. Knight reported on the Village's contract with IGM to provide golf course maintenance, and
noted that the contract allows an annual increase equal to the Consumer Price Index (CPI), with a
maximum increase of 5%. Mr. Knight advised that although the August CPI was 5.6%, IGM had
projected an increase of 4%, and therefore plans to place the remaining 1% (approximately
$13,000) into a special projects fund to be used for course improvements.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:05 p.m
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Melissa Teal, CMC, Village Clerk