08-12-2010 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• AUGUST 12, 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.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Norris gave the invocation and Councilman Hernacki led the public in the
Pledge of Allegiance to the Flag.
AWARDS AND RECOGNITION
On behalf of the Village Council, Mayor Manuel presented a certificate and check to Bobby Furey
in recognition of his 25 years of service to the Village in the Public Safety Department.
APPROVAL OF MINUTES
The minutes of the Regular Session held July 22, 2010 were approved as written.
FIRST READING OF ORDINANCE 2010-12 -GENERAL FUND BUDGET AMENDMENT -
LOAN PAYOFF
A motion was made by Vice Mayor Aubrey and seconded by President Pro T em iVTorris to adopt
on first reading Ordinance 2010-11 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2009-2010
TO APPROPRIATE $1,568,000 TO SATISFY AN OUTSTANDING LOAN OBLIGATION
RELATING TO THE CONSTRUCTION OF PUBLIC IMPROVEMENTS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reported that the Village paid off four out of five debt instruments in 2009. Mr. Knight
advised that paying off the last debt would allow the Village to reduce the annual budget for
• fiscal year 2010-2011 and pass the savings on to the residents.
Thereafter, the motion to adopt Ordinance 2010-11 on first reading passed unanimously.
Minutes of Village Council Regular Session held August 12, 2010
CONSENT AGENDA
Page 2 of 4
• President Pro Tem Norris moved to approve the consent agenda. Vice Mayor Aubrey seconded
the motion, which passed unanimously. The consent agenda included the following items:
Motion to cancel Council meetings on 9/9/2010 and 9/23/2010; consensus to hold
Special meetings on 9/16/2010 and 9/30/2010 in order to conduct public hearings
on the tentative budget and proposed millage rate for fiscal year 2010-2011 and to
consider any other items of business that may come before the Council.
Receive for file Minutes of General Employees Pension Board meeting held 5/6/2010
Receive for file Minutes of General Employees Pension Board meeting held 6/30/2010
Receive for file Minutes of General Employees Pension Board meeting held 7/8/2010
Receive for file Minutes of Waterways Board meeting held 7/20/2010
Receive for file Minutes of Library Advisory Board meeting held 7/27/2010
RESOLUTION 2010-42 ADOPTED -TENNIS COURT MAINTENANCE SERVICES
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-42 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY SPLASH & SWING, LLC
FOR TENNIS COURT MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight reported receipt of three sealed proposals to provide tennis court maintenance
services. Mr. Knight related that Double Time Tennis Management, Inc. initially had the lowest
total cost, but was disqualified for failing to meet the RFP specifications, which require contractors
to "furnish all supervision, labor and equipment." Mr. Knight reported that Double Time
subsequently requested to be allowed to amend its proposal to include equipment, for a total cost
of $39,500. Mr. Knight advised that staff recommended accepting the proposal from Splash &
Swing, LLC at a cost not to exceed $36,000.
Discussion took place concerning how payment of the $36,000 annual fee would be made. Parks
and Recreation Director Mark Hodgkins advised that payments would be made on a monthly
basis. Council requested that this be specified in the contract. Mr. Rubin will revise the
agreement accordingly.
Thereafter, the motion to adopt Resolution 2010-42 passed unanimously.
RESOLUTION 2010-43 ADOPTED VILLAGE NEWSLETTER BUSINESS CARD
ADVERTISEMENTS
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to adopt
Resolution 2010-43 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE USE OF THE VILLAGE'S NEWSLETTER FOR
BUSINESS CARD ADVERTISEMENTS TO PROMOTE BUSINESSES LOCATED IN THE
VILLAGE AND ESTABLISHING A FEE TO COVER THE COSTS OF SUCH
ADVERTISEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held August 12, 2010 Page 3 of 4
RESOLUTION 2010-43 ADOPTED VILLAGE NEWSLETTER BUSINESS CARD
ADVERTISEMENTS continued
Mr. Knight reminded Council that the proposed resolution allows use of the last two pages of the
Newsletter for business card advertisements by local Village businesses.
Discussion ensued on deleting the advertisement fee listed in Section 3 of the resolution, since the
fee is to cover the costs associated with layout, printing, and mailing, which are subject to change.
Councilman Gebbia moved to amend the. resolution to strike the dollar amount in Section 3.
President Pro Tem Norris seconded the motion to amend, which passed unanimously.
Thereafter, the motion to adopt Resolution 2010-43, as amended, passed unanimously.
RESOLUTION 2010-44 ADOPTED -COUNTRY CLUB BUDGET AMENDMENT -START-UP
COSTS FOR FOOD AND BEVERAGE OPERATIONS
A motion was made by President Pro Tem Norris and seconded by Councilman Hernacki to
adopt Resolution 2010-44 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED COUNTRY CLUB BUDGET FOR
FISCAL YEAR 2009-2010 TO TRANSFER $99,906.00 FROM THE COUNTRY CLUB
CONTINGENCY ACCOUNT TO THE COUNTRY CLUB OPERATING AND CAPITAL
ACCOUNTS TO FUND THE START UP COSTS FOR FOOD AND BEVERAGE OPERATIONS
AT THE NORTH PALM BEACH COUNTRY CLUB; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight confirmed that, with the exception of certain leased items including ice machines,
soft serve ice cream machine, and coffee system, all the equipment purchased for use at the
restaurant is Village property. Mr. Knight verified that $99,906 reflects the total incurred for
start-up costs, and new expenses incurred are considered operational.
Thereafter, the motion to adopt Resolution 2010-44 passed unanimously.
RESOLUTION 2010-45 ADOPTED -GENERAL FUND BUDGET AMENDMENT FOR
Si~iALL BUSINESS GRA1~i T PROGRAM
A motion was made by Councilman Gebbia and seconded by Vice Mayor Aubrey to adopt
Resolution 2010-45 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND BUDGET FOR
FISCAL YEAR 2009-2010 TO TRANSFER $100,000 FROM THE COUNCIL CONTINGENCY
ACCOUNT TO THE COMMUNITY PLANNING -SMALL BUSINESS GRANT EXPENSE
ACCOUNT TO FUND THE SMALL BUSINESS GRANT PROGRAM; PROVIDING FOR
THE CARRY OVER OF UNEXPENDED FUNDS TO THE NEXT FISCAL YEAR;
• PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight noted there is a carryover provision, which moves any funds not used in FY 2010 to
FY 2011, after which Council will determine whether to continue or conclude the program.
Thereafter, the motion to adopt Resolution 2010-45 passed unanimously.
Minutes of Village Council Regular Session held August 12, 2010 Page 4 of 4
RESOLUTION 2010-46 ADOPTED -PUBLIC SAFETY GENERATOR REPAIR -ACCOUNT
CORRECTION AND BUDGET AMENDMENT
• A motion was made by Vice Mayor Aubrey and seconded by Councilman Hernacki to adopt
Resolution 2010-46 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING RESOLUTION 2010-31 TO ALLOCATE FUNDS EXPENDED
FOR THE REPAIR OF THE PUBLIC SAFETY FACILITY'S EMERGENCY GENERATOR
AND THE RENTAL OF A TEMPORARY GENERATOR TO THE CORRECT OPERATING
ACCOUNTS; AMENDING THE ADOPTED GENERAL FUND BUDGET FOR FISCAL
YEAR 2009-2010 TO TRANSFER $23,476.00 FROM THE PUBLIC SAFETY MACHINERY
AND EQUIPMENT CAPITAL ACCOUNT TO FUND SUCH EQUIPMENT REPAIR AND
RENTAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Knight advised that funds for the generator repair initially were taken from the capital account;
however, the funds should have been appropriated from the operating accounts. Mr. Knight
noted there is no increase in the total budget.
Thereafter, the motion to adopt Resolution 2010-46 passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Manuel reminded Council about the Anchorage Aweigh Fishing Tournament on Saturday.
Mayor Manuel reported that Support Our Troops volunteers would hold a packing day from
11:00 a.m. to Noon on Saturday at Osborne Park.
Mayor Manuel noted the change of dates for September Council meetings -September 9th and 23rd
Regular Sessions have been cancelled and Special Meetings will be held September 16th and 30th.
Mayor Manuel announced that the Village, in conjunction with the Palm Beach County League
of Cities, will hold an Election Forum on Monday, October 11, 2010 from 6:30 p.m. - 8:30 p.m.
at the North Palm Beach Community Center. All proposed Constitutional and Charter
Amendments will be discussed. Mr. Knight has sent "Save the Date" notices to all candidates
for offices subject to Village voters. The event will be moderated by Jamie Titcomb, Executive
Director of the Paim Beach County League of Cities.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Knight reported a request from the Palm Beach County Film Commission for a permit
allowing filming for an MTV program. Because the Village logo would be filmed, Village
Attorney Len Rubin requested Council formally vote to allow its use, as the logo is protected
property of the Village. President Pro Tem Norris moved to approve use of the logo for this
production. Councilman Hernacki seconded the motion, which passed unanimously.
ADJOURNMENT
• With no further business to come before the Council, the meeting adjourned at 8:12 p.m.
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Melissa Teal, CMC, Village Clerk