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03-27-2003 VC REG-MMINUTES OF THE REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MARCH 27, 2003 Present: David B. Norris, Mayor Charles R. O'Meilia, Vice Mayor Joseph A. Tringali, President Pro Tem Dr. Edward M. Eissey, Councilman Don Noel, Councilman Doug Smith, Acting Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk ROLL CALL Mayor Norris 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 Councilman Eissey gave the invocation, and Councilman Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing (Bill 1091) held 2/27/03 Minutes of Public Hearing (Bill 1094) held 2/27/03 Minutes of Special Session (Canvassing Board) held 3/12/03 Minutes of Regular Session held 3/13/03 REPORT OF THE MAYOR Mayor Norris reported that the conunittee for the north substation had met on this day with the representatives from the Monastery. Only a few issues remain unresolved, but hope to be taken care of within the next week. The final form will then be sent to • Monastery officials for approval. Minutes of Regular Session Held Thursday, March 27, 2003 • Lucia Traugott, 130 Yacht Club Drive, addressed the Council regarding her review of expenditures made for Overtime Pay in the Public Safety Department. Ms. Traugott asked for further information on the matter, which Acting Village Manager Doug Smith was directed to respond to on Monday when more information would be available. CONSENT AGENDA APPROVED Items 7.e. and 7.f. were removed frotn the Consent Agenda and placed under 14.d. and 14.e., respectively. Thereafter, Vice Mayor O'Meilia moved to approve the Consent Agenda, as amended. President Pro Tem Tringali seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes of the Country Club Advisory Board meeting held 3/3/03 Received for file the Minutes of the Recreation Advisory Board meeting held 3/11/03 Received for file the recommendation of the Country Club Advisory Board (3/3/03) that Council "review the capital expenditure projections for the Country Club and the request f'or $15,000 master plan golf course study dated 3/3/03 as submitted by John Morsut" Received for file the recommendation of the Recreation Advisory Board that Council accept the bid of Bay Fireworks, Syosset, NY for 4th of July fireworks display (Workshop 4.c.) REPORTS OF SPECIAL COMMITTEES Vice Mayor O'Meilia reported that all three agencies plus the County has adopted the Overlay Zoning and it is now in place. The landscape construction drawings have been approved by the Northlake Blvd. Task Force from U. S. 1 to Military Trail, and there is a $500,000 grant from the Department of Transportation through the Metropolitan Planning Agency to fund this project. If it is not possible to piggy-back on the Ranger Construction bid already in progress on U. S. 1, requests for bids will be advertised on April 1st and April 6th. Additionally, the Task Force has appointed the Village of North Palm Beach to be the contract manager on this program. The other two municipalities have agreed to come up with administrative funding, as has the Village, which has already budgeted $10,000. The Country will furnish time and materials. He also reported that the School Board wants to update its agreement concerning concurrency, and this will be coming forward in April. • VILLAGE MANAGER'S REPORT 2 Minutes of Regular Session Held Thursday, Mazch 27, 2003 • Acting Village Manager Doug Smith gave a status report on various projects that are currently in progress, and also announced that Arbor Day will be celebrated in the Village on Friday, Apri125, 2003 at 10 a.m. with the planting of a tree on Par Court. BILL 1097 -AMENDING VARIOUS SECTIONS OF CODE ENFORCEMENT BOARD - ENACTED AS ORD. 08-2003 Vice Mayor O'Meilia moved that Bi112097 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF UPDATING AND BRINGING CODE ENFORCEMENT PROVISIONS IN CONFORMITY WITH THE FLORIDA STATUTES; AMENDING SECTION 2-177, POWERS OF THE ENFORCEMENT BOARD; ADDING A SECTION 2-182, ACTIONS FOR MONEY JUDGMENTS, LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on second reading acid read by title alone. Councilman Noel seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 1097 be enacted as Ordinance 08-2003. Councilman Noel seconded the motion, and all present voted aye. BILL 1098 -CODE AMENDMENT -AMENDING PERMITTED TEMPORARY SIGNS - PLACED ON FIRST READING Councilman Eissey moved that Bill 1098 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION D OF SECTION 6-114, PERMITTED TEMPORARY SIGNS, OF ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT ADVERTISING CAN BE DISPLAYED FOR THE TEMPORARY USE OF GRAND OPENINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. President Pro Tem Tringali seconded the motion. • During discussion, it was clarified that the Village Manager could turn down a request for signs advertising a "grand opening" if he determined that the use of the term "grand opening" was inappropriate or being abused. 3 Minutes of Regular Session Held Thursday, March 27, 2003 • Thereafter, the motion passed 5-0. BILL 1099 -BUDGET AMENDMENT -VILLAGE HALL RENOVATION -PLACED ON FIRST READING Councilman Eissey moved that Bill 1099 entitled: AN ORDINANCE OF THE V[LLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $10,000 FOR VARIOUS ITEMS NEEDED FOR THE COMPLETION OF VILLAGE HALL RENOVATION Be placed on first reading and read by title alone. Vice Mayor Noel seconded the motion. During discussion, staff was asked to bring back their recommendations for landscaping the Village Hall. Thereafter, the motion passed 5-0. BILL 1100 -JURISDICTION OF APPEARANCE BOARD -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 1100 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PORTION OF SECTION III, AREAS OF JURISDICTION, ENTITLED "AREAS AND ELEMENTS UNDER JURISDICTION" OF APPENDIX A-APPEARANCE PLAN, OF THE CODE OF ORDINANCES OF THE VILLAGE TO UPDATE AND INCLUDE THE ZONING DISTRICTS OF THE VILLAGE OVER WHICH THE APPEARANCE BOARD HAS JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION 18-2003 ADOPTED -AUTHORIZING MAINTENANCE AGREEMENT WITH FDOT FOR NORTHLAKE BLVD. • Councilman Eissey moved that Resolution 18-2003 be removed from the table. Vice Mayor O'Meilia seconded the motion, and all present voted aye. 4 Minutes of Regular Session Held Thursday, March 27, 2003 • Vice Mayor O'Meilia moved that Resolution 18-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ATTACHED AS EXHIBIT "A," WHICH AGREEMENT PROVIDES THAT THE VILLAGE SHALL MAINTAIN THE LANDSCAPING WITHIN THE MEDIANS AND AREAS OUTSIDE THE NORTHERN PERIMETER OF THE TRAVEL WAY TO THE RIGHT-OF-WAY LINE, INCLUDING SIDEWALK AND MEDIAN CONCRETE, FOR STATE ROAD 850 (NORTHLAKE BOULEVARD) FROM STATE ROAD 811 TO U.S. HIGHWAY NO. 1, PALM BEACH COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION 19-2003 ADOPTED -EMPLOYEE RELATIONS POLICY Councilman Noel moved that Resolution 19-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE POLICY OF USAGE OF THE EMPLOYEE RELATIONS BUDGET LINE ITEM WHICH AMENDMENT IS SET FORTH IN EXHIBIT "A", ATTACHED AND MADE A PART HEREOF AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor O'Meilia seconded the motion. During discussion, it was clarified that Country Club Director David Talley has a line item called Club Relations that is available to him for use when he hosts meetings with outside people regarding Village business. It was further clarified that golf tournaments such as the Mayors Cup and the upcoming League of Cities golf tournament and Installation Dinner should not be taken from the Employee Relations line item, but should be budgeted in a separate category by the Village Council. Vice Mayor O'Meilia moved to amend the resolution by deleting the option of "dinner" from the Village Manager's Employee Relations policy. The motion died for lack of a second. Staff was directed to come back with some recommendations regarding accounts that could be used to pay for those events that are not authorized in the Employee Relations account. Thereafter, the motion passed 5-0. • RESOLUTION AMENDING TRAVEL POLICY -TABLED 5 Minutes of Regular Session Held Thursday, March 27, 2003 • President Pro Tem Tringali moved that a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE V[LLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE TRANSPORTATION ALLOWANCE SECTION AND MEAL ALLOWANCE SECTION OF THE TRAVEL POLICY OF THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor O'Meilia seconded the motion. Councilman Eissey moved to table the resolution until a report comes back to the Council regarding possible changes to the State policy. President Pro Tem Tringali seconded the motion. The motion to table was withdrawn. After further discussion, Cowtcilman Eissey moved to table the resolution until the first meeting in May and follow the state law in the interim. Village Attorney George Baldwin recommended that the section of the State Statute regulating per diems should be inserted into the Resolution. Vice Mayor O'Meilia seconded the motion. Vice Mayor O'Meilia withdrew his second and suggested it be tabled until the first meeting in April. The motion to table failed for lack of a second. Vice Mayor O'Meilia moved to table the resolution until the first meeting in April. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION 20-2003 ADOPTED -OPPOSING WAIVER OF SOVEREIGN IMMUNITY By consensus, the Council agreed to read the resolution by caption only. Vice Mayor O'Meilia moved that Resolution 20-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR., ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO THE PRESIDENT OF THE FLORIDA SENATE, SPEAKER OF THE HOUSE AND GOVERNOR; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Eissey seconded the motion. • During discussion, the Council directed that a certified copy of the Resolution be sent to all of our senators and representatives and to the League of Cities. 6 Minutes of Regular Session Held Thursday, March 27, 2003 • Thereafter, the motion passed 5-0. HANDICAP RAMP AND OUTSIDE LIGHTING- VILLAGE HALL Tim Hullihan was present to discuss his proposal for an additional handicap ramp to be located at the north end of the building. Public Services Kristine Frazell reported that the outdoor lighting has been completed. She further reported the costs for automatic doors for the handicap entrances would be $2,350 for the Council Chamber entrance, and $2,150 for any other entrance. After discussion, Councilman Eissey moved to locate an additional handicap ramp coming from the center of the building here, with the caveat that we would also have a ramp coming out of the parking lot for them to get over the sidewalk, and that we have the automatic door at the back door as well as the center door. Vice Mayor O'Meilia seconded the motion. The motion passed 4-1, with Councihnan Eissey, Vice Mayor O'Meilia, Councilman Noel and Mayor Norris voting aye, and President Pro Tem Tringali voting nay. Mr. Hullihan was asked to provide acost estimate. Mr. Hullihan reported that he would need guidance on what level of quality is anticipated from Public Services. The Public Services Department was also asked to provide a cost estimate. REQUEST FOR PROPOSALS FOR VILLAGE MANAGER During discussion of this item, Acting Village Manager Doug Smith suggested that eight finalists be brought forward. Mr. Smith also noted a change on Page 1, wherein the previous Manager's annual base salary was listed as $100,595, but was actually $102,205. Additionally, The Waters Group of Dallas, Texas was added to the attached vendor list. It was suggested also that an ad for a Consultant be advertised with the League of Cities and ICMA. Councilman Noel moved to approve staff s recommendation to advertise the Request for Proposals ,using the RFP drafted by Acting Village Manager Doug Smith, with the changes as stated. Councilman Eissey seconded the motion, and all present voted aye. BUDGET TRANSFER FOR DRAINAGE AT NPBCC A discussion was held concerning a budget transfer request for approximately $10,000 to correct a drainage problem at the dumpster area at the North Palm Beach Country Club. Councilman Noel moved to direct staff to complete whatever steps are necessary to bring that to the Department of Health's satisfaction and do it posthaste; and whatever we need to fund to • do that can be taken from Country Club Contingency. Councilman Eissey seconded the motion, and all present voted aye. 7 Minutes of Regular Session Held Thursday, March 27, 2003 • PLACEMENT OF STOP SIGNS Councilman Noel moved to approve the placement of a 4-way stop sign at Northlake Court and Eagle Way, a 3-way stop sign at the intersection of Laurel Road and Cinnamon Road, and additional signs for "local traffic only" in both areas. President Pro Tem Tringali seconded the motion. Vice Mayor O'Meilia moved to amend the motion by approving placement of a 4-way stop sign at Eagle Way and Northlake Court, with additional signs for "local traffic only" only; eliminating the request for signs at Laurel Road and Cinnamon Road. The motion died for lack of a second. Thereafter, the original motion passed 4-l, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. PSO POSITIONS Councilman Eissey moved to approve the filling of the current full-time "floater" position for Public Safety Officer and one new full-time Public Safety Officer position. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Eissey, President Pro Tem Tringali, Councilman Noel and Mayor Eissey voting aye; and Councilman O'Meilia voting nay. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:40 p.m. lP ~ ~~ ~thleen F. Kelly, CMC, Village Clerk ~ C~ 8