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12-08-1994 VC REG-MMINUTES OF REGULAR SESSION ' OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 8, 1994 Present: Gail H. Vastola, Mayor V. A. Marks, M. D. , President Pro Tem Tom Valente, Councilman Larry Kelley, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Vastola called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present. The meeting immediately recessed in order that the 7:25 p.m. Public Hearing could be completed. The Regular Session reconvened at 7:43 p.m. ' INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Valente gave the invocation, and President Pro Tem Marks led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Canvassing Board Meeting held 11/9/94 Minutes of Regular Session held 11/10/94 The following Minutes were approved with corrections: Minutes of Special Session held 11/9/94 - location of meeting (North Palm Beach Community Center) was added; the name "Old Port Cove Community Action Association/PAC" was corrected to read "North Palm Beach Community Action Association/PAC". REPORT OF THE MAYOR Mayor Vastola told the Council that the Country Club Administrative Board, at their last meeting, had discussed the remodelling of the Country Club building, and were uncertain about what direction to ' take regarding it, remodelling versus tearing down and rebuilding. Mayor Vastola asked that Council give direction to the Board in this matter. The Chairman of the Country Club Administrative Board was present, and told the Council that the Board would be having a Minutes of Regular Session Held Thursday, December 8, 1994 special meeting in January to discuss this, and will make a recommendation to the Council at that time. Mayor Vastola removed Item 6.d, Pepsi Contract, from the Workshop Agenda. This item will be placed on the January 12th Workshop agenda. Mayor Vastola stated that Pepsi is asking for exclusive rights of their products to be sold at the park for a ten-year period in exchange for their scoreboard, which might prohibit people from bringing other brands into the park. To purchase a scoreboard would cost approximately $2,500. The Council directed the Recreation Advisory Board to review other alternatives for a scoreboard, and to forward their recommendations regarding the purchase of a scoreboard by the Village. A Mission Statement prepared by the Communications Committee of N.A.M.A.C./Police and N.A.M.A.C./Fire was presented to the Council, along with a Goals statement. N_A.M.A.C. is asking for direction from all the municipalities involved regarding their interest in having a central dispatching center for Public Safety. The Council is willing to receive more information regarding this, but could ' not support a central dispatching center with the information available at this time. The Council's primary concern is giving up the autonomy of the Village dispatching system. The Council agreed that the Communications Committee should continue their study of the matter, and report back at a later date. The Council discussed honoring retiring Congressman Tom Lewis. All were in agreement to name the Council Chambers after Congressman Lewis, and the Village Manager was directed to look into this. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the General Employees' Pension Board Meeting held 10/19/94 Minutes of the Library Advisory Board Meeting held 10/25/94 Minutes of the Police and Fire Pension Board Meeting held 10/28/94 Minutes of the Country Club Administrative Board Meeting held 11/7/94 ' Minutes of the Code Enforcement Board Meeting held 11/7/94 2 Minutes of Regular Session Held Thursday, December 8, 1994 Minutes of the Recreation Advisory Board Meeting held 11/8/94 Minutes of the Special Country Club Administrative Board Meeting held 11/14/94 Minutes of the Country Club Administrative Board Meeting held 11/21/94 Minutes of the Country Club Administrative Board Meeting held 11/28/94 VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly asked the Council to recognize Saturday, December 24, 1994 as the official holiday for the PBA. Mr. Kelly explained that the holiday schedule as approved earlier by the Village Council listed Friday, December 23, 1994 as the additional Christmas holiday, but it actually is not part of the PBA contract. Therefore, Mr. Kelly asked that Council acknowledge Saturday, December 24, 1994 as their official holiday. Councilman Valente moved to accept December 24, 1994 as the PBA's official holiday. President Pro Tem Marks seconded the motion, and all present voted aye. With the sculptures at Lakeside Park completed, the Council will schedule recognition for all those involved in the project. Mr. Kelly will coordinate plans with the Committee, and will prepare a resolution or a proclamation in their honor. BILL 762 - WABASH DRIVE ASSESSMENT FUND - PLACED ON SECOND READING AND ENACTED AS ORDINANCE 24-94 Councilman Valente moved that Bill 762 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING AN ASSESSMENT FUND TO BE KNOWN AS THE WABASH ASSESSMENT FUND TO PAY FOR CONSTRUCTION OF PUBLIC. POTABLE WATER LINES ALONG WABASH DRIVE, CIRCLE AIRE SUBDIVISION, UNRECORDED PLAT, WITHIN THE VILLAGE OF NORTH PALM BEACH AND AMENDING THE GENERAL FUND BUDGET FOR THE FISCAL YEAR 1994-95 PROVIDING FOR THE TRANSFER OF THE SUM OF $30,150.00 FROM THE GENERAL FUND BALANCE OF THE VILLAGE TO THE WABASH WATER LINE ASSESSMENT PROJECT; PROVIDING THAT ALL ASSESSMENTS PAID ' BY REAL PROPERTY OWNERS FOR PUBLIC POTABLE WATER LINES Minutes of Regular Session Held Thursday, December 8, 1994 ALONG WABASH DRIVE SHALL BE PLACED IN THE WABASH ASSESSMENT FUND; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. President Pro Tem Marks seconded the motion, and all present voted aye. Councilman Valente moved that Bill 762 be enacted as Ordinance 24-94. Councilman Kelley seconded the motion, and all present voted aye. BILL 763 - AMENDING BUDGET FOR RAISES AND BENEFIT PAYMENTS FOR PBA - PLACED ON SECOND READING AND ENACTED AS ORDINANCE 25-94 Councilman Kelley moved that Bill 763 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FIIND BUDGET FOR FISCAL YEAR 1994-95 TO APPROPRIATE FUNDS FOR RAISES AND BENEFITS PAYMENTS PER PBA-GENERAL AND PBA-LIEUTENANTS CONTRACTS AGREED FOR 1993-94 AND FOR THE ADJUSTMENT OF ' 1994-95 BUDGET FOR THE SAME be placed on second reading and read by title alone. President Pro Tem Marks seconded the motion, and all present voted aye. President Pro Tem Marks moved that Bill 763 be enacted as Ordinance 25-94. Councilman Kelley seconded the motion, and all present voted aye. President Pro Tem Marks moved that Bill 764 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION G OF SECTION 45-33 OF ARTICLE III, OF APPENDIX C - ZONING OF THE CODE OF ORDINANCES TO ALLOW CAR WASH AND CAR WAXING BUSINESSES TO UTILIZE AWNING STRUCTURES; 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 and read by title alone. Councilman Kelley seconded the motion. During discussion, it was brought to the attention of the Council that a lift had been installed without a permit at the Texaco Gas 4 Minutes of Regular Session Held Thursday, December 8, 1994. Station, in the area where the awning is proposed. The Council expressed a strong concern that the lift indicated plans for work other than car washing or waxing. Tom Hogarth, Director of P-ublic Services, told the Council that the proprietor said the lift had been installed a year ago. Mr. Hogarth advised him that the Village would proceed with citing him on that violation. President Pro Tem Marks, with agreement from the seconder, Councilman Kelley, withdrew his motion to adopt and moved to table it until the first meeting in January. Councilman Kelley seconded the motion, and all present voted aye. RESOLUTION FILLING COUNCIL VACANCY - NOT ADOPTED Mayor Vastola called for nominations to fill the vacancy to the Council created by the resignation of Vice Mayor Atwater. Councilman Valente nominated Raymond Howland. President Pro Tem Marks seconded the nomination. Councilman Kelley nominated Robert Carroll. With no other nominations to be offered, Mayor Vastola asked for consensus on a nomination. Councilman Valente and President Pro Tem Marks voted for Raymond Howland, with Councilman Kelley and Mayor Vastola voting for Robert Carroll. Due to impasse, President Pro Tem Marks moved to table the nomination process until January. Councilman Valente seconded the motion. The motion passed 3-1, with President Pro Tem Marks, Councilman Valente and Mayor Vastola voting aye, and Councilman Kelley voting nay. RESOLUTION 52-94 ADOPTED - APPOINTING VICE-MAYOR Councilman Kelley nominated Councilman Valente for the position of Vice Mayor. President Pro Tem Marks seconded the nomination, and all present voted aye. The name of Tom Valente was entered into Resolution 52-94. President Pro Tem Marks moved that Resolution 52-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE be adopted. Councilman Kelley seconded the motion, and all present voted aye. 5 Minutes of Regular Session Held Thursday, December S, 1994 RESOLUTION 53-94 ADOPTED - MEMORIAL COMMITTEE FOR DONATIONS President Pro Tem Marks moved that Resolution 53-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A MEMORIAL COMMITTEE TO COORDINATE AND FACILITATE THE APPLICATION OF FUNDS DONATED IN MEMORY OF A DECEASED FAMILY MEMBER OR FRIED AND TO SPONSOR AND COORDINATE MEMORIAL FUNDS THAT PERSONS ARE DESIROUS OF ESTABLISHING WITHIN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Kelley seconded the motion. During discussion, Section 1, Item 5 was changed to read "Chairman or member of the applicable advisory committee". Clarification was made that the composition of the memorial committee in progress at this time would not be changed, and the committee as established in this resolution would be effective for memorial funds established from this date forward. ' Thereafter, the motion passed 4-0. RESOLUTION 54-94 ADOPTED - AWARDING BID FOR GOLF COURSE EQUIPMENT Vice Mayor Valente moved that Resolution 54-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF KILPATRICK TURF EQUIPMENT, FORT LAUDERDALE, FLORIDA, FOR THE PURCHASE OF TWO WALK-BEHIND GREENSMOWERS AND ONE BUNKER RAKE FOR THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE IN THE AMOUNT OF $13,165.00; FUNDS TO BE EXPENDED FROM L8045-66490 (MACHINERY & EQUIPMENT); AND REJECTING THE BID FOR A TRIPLEX GREENSMOWER be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. RESOLUTION 55-94 ADOPTED - AWARDING BID FOR TREE TRIMMING Councilman Kelley moved that Resolution 55-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF TREE PRO, ' INC., LAKE PARK, FLORIDA, FOR TREE TRIMMING AND REMOVAL AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE IN THE 6 Minutes of Regular Session ' Held Thursday, December 8, 1994 AMOUNT OF $9,026.25; FUNDS TO BE EXPENDED FROM L8045- 33430 (TREE TRIMMING) be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. RESOLUTION 56-94 ADOPTED - AUTHORIZING AGREEMENT WITH POOL MANAGER Councilman Kelley moved that Resolution 56-94 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 RICHARD E. CAVANAH, INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING A POOL MANAGER FOR THE SWIMMING POOL AND ITS OPERATIONS AT THE NORTH PALM BEACH COIINTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 1994, THROUGH SEPTEMBER 30, 1995; AND PROVIDING FOR AN EFFECTIVE DATE ' be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. RESOLUTION 57-94 ADOPTED - AUTHORIZING AGREEMENT WITH TENNIS PROFESSIONAL President Pro Tem Marks moved that Resolution 57-94 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 FRANK "BUDDY" GOELTZ, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING A TENNIS DIRECTOR FOR THE TENNIS OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Kelley seconded the motion, and all present voted aye. RESOLUTION 58-94 ADOPTED - .AUTHORIZING COMPLETION OF EROSION CONTROL PROJECT AT COUNTRY CLUB. AND APPLICATION FOR MATCHING GRANT FUNDS President Pro Tem Marka moved that Resolution 58-94 entitled: 7 Minutes of Regular Session Held Thursday, December 8, 1994 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING COMPLETION OF THE DESIGN OF AN EROSION CONTROL PROJECT ALONG THE INTRACOASTAL WATERWAY ADJACENT TO THE VILLAGE'S COUNTRY CLUB GOLF COURSE IN ACCORDANCE WITH EXHIBIT "A"; AUTHORIZING THE STAFF AND VILLAGE ENGINEER TO SECURE ALL NECESSARY PERMITS FOR THE PROJECT AND TO APPLY FOR FLORIDA INLAND NAVIGATION DISTRICT (FIND) FOR MATCHING GRANT FUNDS FOR THE CONSTRUCTION COSTS, ADMINISTRATIVE COSTS AND PROJECT MANAGEMENT COST FOR THE PROJECT WITH CONSTRUCTION TO BE FUNDED BY A FIFTY PERCENT (SOo) GRANT OVER TWO (2) CONSECUTIVE YEARS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Valente seconded the motion, and all present voted aye. The meeting recessed at 9:05 p.m. and reconvened at 9:15 p.m. HIRING FREEZE LIFTED FOR PARKSKEEPER POSITION IN PUBLIC SERVICES Vice Mayor Valente moved to lift the hiring freeze on a Parkskeeper position (job code #$023-0109) in the Public Services Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. President Pro Tem Marks seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR PSO/EMT POSITION IN PUBLIC SAFETY Vice Mayor Valente moved to lift the hiring freeze on PSO/EMT Firefighter position (job code #5711-0136) in the Public Safety Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. Councilman Kelley seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR DISPATCHER POSITION IN PUBLIC SAFETY DEPARTMENT Councilman Kelley moved to lift the hiring freeze on a Dispatcher position (job code #5711-0115) in the Public Safety Department; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. President Pro Tem Marks seconded the motion, and all present voted aye. Minutes of Regular Session Held Thursday, December 8, 1994 BUDGET TRANSFER APPROVED FOR PATROL VEHICLES - PUBLIC .SAFETY DEPARTMENT President Pro Tem Marks moved that a budget transfer be approved in the amount of $8,000 from A5540-49911 (Council Contingency) to A5711-66410 (Law Enforcement Capital-Automotive) for the purpose of offsetting unanticipated price increase for three patrol vehicles on state bid priced at $52,644 (Village budgeted $44,730). Vice Mayor Valente seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR RESCUE UNIT - PUBLIC SAFETY-EMS President Pro Tem Marks moved to suspend the bidding process and approve a budget transfer in the amount of $5,955.00 from A5540- 49911 (Council Contingency) to A6416-66410 (EMS Capital-Automotive) for the purchase of one Suburban utility vehicle for EMS division. Councilman Kelley seconded the motion. During discussion, President Pro Tem Marks changed his motion, with agreement from Councilman Kelley who seconded the motion, to transfer the requested $5,955.00 from A6417-11210 (North Substation-Regular Pay) instead of Council Contingency. Thereafter, the motion passed 4-0. BUDGET TRANSFER APPROVED FOR_PIC_KU_P TRUCK - PUBLIC SAFETY-FIRE DEPARTMENT Vice Mayor Valente moved to suspend the bidding process and approve a budget transfer in the amount of $2,397.00; $1,300.00 to be transferred from A5812-66490 (Machinery & Equipment-Capital) and $1,097.00 from A5540-49911 (Council Contingency) to A5812-66410 Automotive Capital), for the purchase of a pickup truck for the Fire Division. Councilman. Kelley seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before .the Council, the meeting adjourned at 9:33 p.m. K thleen F. Kelly, CMC, Vill e Clerk v / C 9 ,r./ Y OATH FOR PUBLIC EMPLOYEES I, Tom Valente a citizen of the State of Florida and of the United States of America, and being employed by or an officer of thP_ y; of North Palm Beach and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. Sworn to and subscribed before me this ~ day of December , gl 44 . o ary ublic State of Florida PRY PV OFFICIAL NOTARY SEAL O~ ens KATHLEEN F KELLY = T` f ~ COMMi55:ON NUM198EA M,y commission expires t ~x ~~~pg47 'v+~,` c~LO~` MY COMMISSfON EXP. ~ F MAY 241997 876.06 (1 ), F.S.