06-10-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JiTNE 10, 2010
Present:
William L. Manuel, Mayor
Darryl G. Aubrey, Sc.D., Vice Mayor
David B. Norris, President Pro Tem
T.R. Hernacki, P.E., Councilman
Jimmy Knight, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, Village Clerk
Absent:
ROLL CALL
Robert A. Gebbia, Councilman
Mayor Manuel called the meeting to order at 7;30 p.m. All members of Council were present,
except Councilman Gebbia, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Norris gave the invocation and Mayor Manuel led the public in the Pledge.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Manuel presented a Certificate to Jeannette Campbell
in appreciation of her years of service to the Village as a member of the Golf Advisory Board.
On behalf of the Village Council, Mayor Manuel presented a Certificate to Timothy Hullihan
in appreciation of his years of service to the Village as Chairman and member of the
Planning Commission.
On behalf of the Village Council, Mayor Manuel presented a Certificate to Charles Isiminger in
appreciation of his years of service to the Village as Chairman and member of the
Waterways Board.
APPROVAL OF MINUTES
The minutes of the Regular Session held S/27/2010 were approved as written.
STATEMENTS FROM THE PUBLIC
Interviews were conducted with applicants to the Audit Committee, Golf Advisory Board,
Planning Commission, and Waterways Board. The following persons were present far
interviews by the Village Council:
Stanley Lustig
Phillip Houston
Brian Idle
Stephen Mathison
Mary Person
Scott Hicks
Greg Keller
Joseph McGrane
Joseph Tringali
Robert Werner
Minutes of Village Council Regular Session held June 10, 2010
AUDIT COMMITTEE
Page 2 of 4
Vice Mayor Aubrey moved to appoint Ed Stone to the Audit Committee as a regular member.
President Pro Tem Norris seconded the motion, and all present voted aye. Consensus of Council
was that Stanley Lustig be appointed to the Audit Committee as the 2nd alternate member.
GOLF ADVISORY BOARD
By written ballot, the original of which is attached to the minutes of record, the Council
appointed Brian Idle as the 1st alternate and Stephen Mathison as the 2nd alternate to the Golf
Advisory Board.
PLANNING COMMISSION
Councilman Hernacki moved that Scott Hicks be appointed to the Planning Commission as a
regular member. President Pro Tem Norris seconded the motion, which passed unanimously.
WATERWAYS BOARD
Councilman Hernacki moved that Jerry Sullivan be moved from 1st alternate to regular member
on the Waterways Board. President Pro Tem Norris seconded the motion, which passed
unanimously.
By written ballot, the original of which is attached to the minutes of record, the Council
appointed Joseph Tringali as the 1st alternate and Robert Werner as the 2nd alternate to the
Waterways Board.
1ST READING OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA
PUBLIC UTILITIES
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt on
first 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 explained that the existing franchise agreement with Florida Public Utilities (FPU)
was approved in 1980 and granted FPU a franchise to utilize the Village's streets and public
rights-of--way to provide facilities for the purchase, distribution, and sale of natural gas fox a
period of thirty years. Mr. Knight reported that the new franchise agreement provides for an
increase in the franchise fee from 5% to 6.5% of FPU's gross revenues. Mr. Knight enumerated
additional changes in the terms of the franchise agreement and advised it is non-exclusive.
Discussion ensued on Section 1, concerning the term of the agreement; Section 7, concerning
deduction of permit fees or business tax receipts; and Section 12, concerning right to assign.
Mr. Rubin clarified that the franchise agreement prevents the Village of North Palm Beach from
acting as a retail seller of natural gas, but does not prevent other companies from selling natural
gas in the Village.
Minutes of Village Council Regular Session held June 10, 2010 Page 3 of 4
1ST READING OF ORDINANCE 2010-08 -NATURAL GAS FRANCHISE WITH FLORIDA
PUBLIC UTILITIES continued
During Council discussion, Mr. Rubin was directed to request FPU agreement to certain
revisions of the franchise agreement including reducing the term from 30 years to 20 years;
deleting "reasonableness" wording in Section 12 regarding assignment or transfer of franchise
rights; addition of language to ensure no gap in payments between expiration and renewal of the
franchise agreements; and addition of language in Sectian 1 to provide that FPU will notify the
Village Manager (or designee) in the event of any outage.
Thereafter, the motion to adopt Ordinance 2010-08 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:
Receive Minutes of Planning Commission meeting held 5/4/2010
Receive Minutes of Golf Advisory Board meeting held 5/10/2010
Receive Minutes of Library Advisory Board meeting held 5/25/2010
Receive Minutes of Planning Commission meeting held 6/1/2010
RESOLUTION 2010 33 - APPOINTING MEMBERS TO VILLAGE BOARDS
A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2010-33 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, GOLF
ADVISORY BOARD, PLASINING COMMISSION, AND WATERWAYS BOARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin recited the names of those appointed to the specified Village boards.
Thereafter, the motion to adopt Resolution 2010-33 passed unanimously.
RESOLUTION -JANITORIAL SERVICES CONTRACT -'TABLED TO 6-24-2010
Mr. Knight advised that the Village exercised its right to terminate the Contract for Janitorial
Services at Village Facilities with Harvard Maintenance, Inc. Mr. Knight reported on results of
the Request for Proposal (RFP) for Janitorial Services issued on 5/9/2010. Mr. Knight noted that
although daily cleaning of the Country Club Restaurant was originally included in the submitted
proposals, it has since been determined that this task will be the responsibility of in-house
restaurant staff. Mr. Knight and Public Works Director Wiley Livingston detailed the factors
considered in evaluating the proposals, which resulted in a recommendation to accept the
proposal submitted by Image Janitorial Services, Inc.
Discussion ensued on the proposal submitted by Coverall North America, Inc. Mr. Knight
reported that while Coverall submitted a proposal, it plans to give the contract to ane of its local
franchise holders. Council directed that staff contact Coverall to determine which franchisee
would do the work and to research qualifications and references. It was questioned whether the
contract can be assigned. President Pro Tem Norris moved to table this item to the next Regular
Session. Vice Mayor Aubrey seconded the motion, which passed 3 - 1, with President Pro Tem
Norris, Vice Mayor Aubrey, and Mayor Manuel voting aye, and Councilman Hernacki opposed.
Minutes of Village Council Reg~dar Session held June 10, 2010
SMALL BUSINESS GRANT PROGRAM APPROVED
Page 4 of 4
Mr. Knight presented a proposal to institute a Small Business Grant Program, to be administered
through the Community Development Department, which would assist small business property
owners with improvements to the exterior of their business. Mr. Knight explained that the goal
of the program is to enhance the aesthetics of the Village's commercial corridor while fostering a
collaborative partnership with the business community. Mr. Knight stated the program would be
structured to provide matching grants of up to $5,000 for improvements to small business
properties, and would require businesses to match each dollar of grant funds with one dollar of
their own funds. Mr. Knight recommended an appropriation of $100,000 from the undesignated
reserve account to fund the program. Mr. Knight explained that a Small Business Grant Award
Board would be established to review each application.
During discussion, it was suggested that a period of one year be established for use of the funds.
Mr. Knight suggested Council might wish to consider funding from the Council contingency account.
President Pro Tem Norris moved to authorize the Small Business Grant Program and direct staff
to prepare the necessary budget amendments in accordance with Village policies.
MAYOR AND COUNCIL MATTERS/REPORTS
Discussion took place concerning the reorganization of the General Employees Pension Board
pursuant to the recently enacted ordinance, which amended the General Employees Pension Plan.
Mayor Manuel noted that Council would appoint two members to the Board, and requested
Council consideration and direction regarding Jim Peterson, presently serving as resident
member on the Board. Councilman Hernacki moved to continue Jim Peterson as the Council
representative on the General Employees Pension Board. President Pro Tem Norris seconded the
motion, which passed unanimously. The Village Clerk was directed to advertise for volunteers
for one position to be appointed by the Council.
Regarding the Village's food and beverage operation, it was suggested that WiFi capability be
implemented at the Restaurant and on the pool deck. Mr. Knight advised installation is in progress.
VILLAGE MANAGER MATTERS
Mr. Knight reported on receipt of the actuarial report on the General Employees Pension Plan,
which indicated that due to recently enacted changes, funding of the plan has risen from 56% to
73%, resulting in a drop in the Village's required contribution from 23% to 15.9%.
Mr. Knight reported on notification from Palm Beach County that it has approved Village
annexation of the Davidson tract of land located west of the railroad track.
Mr. Knight reminded Council of the upcoming Business Forum on June 16, 2010.
Mr. Knight advised Council of distribution of the Village's 2010 Hurricane Plan.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:33 p.m.
,~_
Melissa Teal, CMC, Village Cler
CLERK'S TALLY SHEET
GOLF ADVISORY BOARD
June 10, X010
Vacancies: 2 total (2 alternates)
Round 1 Round 2 Round 3
Beverstein, Russell
Dzickowski, Dean
Griffith, Mark
Houston, Phillip
Idle, Brian t( "
Mathison, Stephen ~_
Person, Mary
(Signature)
\ ~
(Signature
BALLOT
GOLF ADVISORY BOARD
June 10, 2010
Vacancies: 2 total (2 alternates)
Round 1 Round 2 Round 3
Beverstein, Russell
Dziczkowski, Dean
Griffith, Mark
Houston, Phillip
- ~~
Idle, Brian
Mathison, Stephen
Person, Mary
( ignature)
BALLOT
GOLF. ADVISORY BOARD
June 10, 2010
Vacancies: 2 total (2 alternates)
Round 1 Round 2 Round 3
Beverstein, Russell
Dziczkowski, Dean
Griffith, Mark
Houston, Phillip
Idle, Brian _~
Mathison, Stephen
Person, Mary
(Signatu )
BALLOT
GOLF ADVISORY BOARD
June 10, 2010
Vacancies: 2 total {2 alternates)
Round 1 Round 2 Round 3
Beverstein, Russell
Dziczko~nrski, Dean
Griffith, Mark
Houston, Phillip
Idle, Brian 1
Mathison, Stephen
Person, Mary
BALLOT
GOLF' ADVISORY BOARD
June 10, 2010
Vacancies: 2 total ~2 alternates)
Round 1 Round 2 Round 3
Beverstein, Russell
Dziczkowski, Dean
Griffith, Mark
Houston, Phillip
Idle, Brian
Mathison, Stephen ~
Person, Mary
~i'~ C~~
,„ 7 (Signature)
CLERK'S TALLY SHEET
WATERWAYS BOARD
June 10, 2010
Vacancies: 2 total {2 alternates)
Round 1
Hipple, Bill
Keller, Greg ~~
McGrane, Joseph
Preti, Ed
Tringali, Joseph
Werner, Robert
(Signature)
Round 2 Round 3
_.
(Signa ure)
BALLOT
WATERWAYS BOARD
June 10, 2010
Vacancies: 2 total (2 alternates}
Round 1 Round 2 Round 3
Hipple, Bill
Keller, Greg
McGrane, Joseph
Preti, Ed
Tringali, Joseph
Werner, Robert
~%Z~c~
(Signature) --
BALLOT
WATERWAYS BOARD
June 10, 2010
Vacancies: 2 total (2 alternates)
Round 1 Round 2
Hipple, Bill
Keller, Greg
McGrane, Joseph
Preti, Ed
Tringali, Joseph
Werner, Robert ~
Round 3
BALLOT
WATERWAYS BOARD
June 10, 2010
Vacancies: 2 total {2 alternates)
Round 1
Round 2 Round 3
Hipple, Bill
Keller, Greg -~~~-
McGrane, Joseph
Preti, Ed
Tringali, Joseph
Werner, Robert
BALLOT
WATERWAYS BOARD
June 10, 2010
Vacancies: 2 total {2 alternates)
Hipple, Bill
Keller, Greg
McGrane, Joseph
Preti, Ed
Tringali, Joseph
Werner, Robert
Round 1
.~
Round 2 Round 3
(Signature)