05-27-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MAY 27, 2010
Present: William L. Manuel, Mayor
Darryl C. Aubrey, Sc.D., Vice Mayor
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Absent: David B. Norris, President Pro Tem
Robert A. Gebbia, Councilman
ROLL CALL
Mayor Manuel called the meeting to .order at 7:30 p.m. All members of Council were present,
except President Pro Tem Norris and Councilman Gebbia, both of whom were out of town. All
members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Manuel gave the invocation and Councilman Hernacki led the public in the Pledge of Allegiance.
APPROVAL OF MINUTES
The minutes of the Regular Session held 5/13/2010 were approved as written.
2ND READING AND ENACTMENT OF ORDINANCE 2010-07 -CODE AMENDMENT -
GENERAL EMPLOYEES PENSION PLAN
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt and
enact on second 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 TERMINATION 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.
Minutes of Village Council Regular Session held May 27, 2010 Page 2 of 3
2ND READING AND ENACTMENT OF ORDINANCE 2010-07 -CODE AMENDMENT -
• GENERAL EMPLOYEES PENSION PLAN continued
A question was raised concerning any legal consequence resulting from elimination of the lump
sum optional form of benefit. Mr. Rubin stated that this benefit was the subject of collective
bargaining, which covers all bargaining unit employees. Mr. Knight noted that this provision
was never specifically authorized in the pension plan.
Thereafter, the motion to adopt and enact Ordinance 2010-07 on second reading passed unanimously.
CONSENT AGENDA
Vice Mayor Aubrey moved to approve the consent agenda. Councilman Hernacki seconded the
motion, which passed unanimously. The consent agenda included the following items:
Receive Minutes of Police & Fire Pension Board meeting held 11/5/2009
Receive Minutes of Police & Fire Pension Board meeting held 2/16/2010
Receive Minutes of Police & Fire Pension Board meeting held 3/31/2010
Receive Minutes of Code Enforcement Board meeting held 5/3/2010
Receive Minutes of Recreation Advisory Board meeting held 5/11/2010
Receive Minutes of Waterways Board meeting held 5/18/2010
RESOLUTION 2010 30 -PUBLIC WORKS VEHICLE DECLARED SURPLUS PROPERTY
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-30 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, DECLARING ONE PUBLIC WORKS UTILITY VEHICLE AS
SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Knight reported on plans to surplus and sell at auction one 1995 Dodge Ram 2500 utility
vehicle. Mr. Knight stated that due to reassignment of vehicles within the Public Works
Department, there are no plans to purchase a replacement vehicle at this time.
Thereafter, the motion to adopt Resolution 2010-30 passed unanimously.
RESOLUTION 2010-31 -PUBLIC SAFETY EMERGENCY GENERATOR REPAIR
A motion was made by Councilman Hernacki and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-31 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE REPAIR OF THE PUBLIC SAFETY FACILITY'S
EMERGENCY GENERATOR BY PANTROPIC POWER, INC. AND THE RENTAL OF A
• TEMPORARY GENERATOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Discussion took place on the cost of repairs versus the cost of a new generator.
Thereafter, the motion to adopt Resolution 2010-31 passed unanimously.
Minutes of Village Council Regular Session held May 27, 2010
Page 3 of 3
RESOLUTION 2010-32 -PURCHASING POLICY AMENDMENT
• A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2010-32 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, REVISING THE VILLAGE'S PURCHASING PROCEDURES AS SET FORTH IN
THE VILLAGE'S ACCOUNTING POLICIES AND PROCEDURES MANUAL FOR INTERNAL
CONTROLS TO EXEMPT BULK FUEL, DIESEL, AND INVENTORY PURCHASES;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to the recommendation of the Village Auditor, Mr. Knight proposed amending the
purchasing procedures to provide an exemption for inventory-related purchases, such as bulk
motor and diesel fuel, and items for resale and distribution to the public, such as food, beverage,
and merchandise. Mr. Knight stated that inventory purchases would be made from an approved
vendor list, to be updated annually during the budget process.
Discussion ensued regarding controls on inventory and food and beverage purchases at the
Country Club. Mr. Knight explained that golf shop merchandise is bar coded; inventory is taken
monthly and checked by the auditors. Mr. Knight explained the system used to authorize, verify,
and inventory purchases of food and beverage items for the restaurant. Mr. Knight advised that
Finance is tracking all revenues and operational expenses for the restaurant. Brief discussion
took place concerning development of a business plan.
Finance Director Samia Janjua reported that additional exemptions to the purchasing procedures,
as recommended by the auditors, would be brought to Council for consideration at another time,
for example, utility bill payments for electricity or solid waste. Mr. Knight stated the exemptions
are not changes in the purchasing policy, but simply codify actual practice. Mr. Knight noted the
auditors advised that exemptions to the purchasing policy be specified in the Accounting Policies
and Procedures Manual.
Thereafter, the motion to adopt Resolution 2010-32 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Discussion was held regarding a parking issue at the Country Club. Some patrons are parking in
the roadway instead of a parking space when they arrive to pick up swimmers - an action that
impedes access to Country Club facilities and parking lot.
VILLAGE MANAGER MATTERS
Mr. Knight reported on Village participation in the Palm Beach County Department of Emergency
Management Deep Water Horizon Planning Taskforce.
Mr. Knight detailed start-up costs for Village operation of the restaurant, and reported on revenues
and expenses for the restaurant and Country Club budget overall. Mr. Knight reported receipt of the
final utilities payment from Continental Catering.
• ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:10 p.m.
Melissa Teal, CMC, Village Clerk