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10-27-1994 VC REG-M' MINUTES OF REGULAR SSSSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HSLD THURSDAY, OCTOBER 27, 1994 Present: Gail H. Vastola, Mayor Jeffrey H. Atwater, Vice 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. INVOCATION AND PLEDGE OF ALLEGIANCE ' President Pro Tem gave the invocation, and Councilman Valente led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were amended: Minutes of Regular Session held 10/13/94 - page 4: Special condition of sidewalks on Monet Road for Parcels A and D of Harbour Point Marina to be indicated. Thereafter, the Minutes were approved as amended. STATEMENTS FROM THE PUBLIC Bob Gibson, 1116 Country Club Circle, spoke to the Council regarding the trees on the golf course behind his house, which need trimming. Mr. Gibson offered to pay half the cost of the trimming. He is opposed to any plans to remove those trees, since they create a buffer for errant golf balls, however if the trees are removed, Mr. Gibson requested that the stumps be removed or ground down and that the trees be replaced to protect the houses. The Council asked Village Manager Dennis Kelly to refer Mr. Gibson's concerns to the Country Club Administrative Board, and advised Mr. Gibson to contact the Country Club Administrative Board as soon as possible regarding this matter, since money has not been budgeted for trimming, and plans are in the offing for tree removal. Minutes of Regular Session Held Thursday, October 27, 1994 PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Library Advisory Board Meeting held 9/27/94 Minutes of General Employees Pension Board Meeting held 10/3/94 Minutes of Country Club Administrative Board Meeting held 10/3/94 Minutes of Recreation Advisory Board Meeting held 10/11/94 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Councilman Valente moved to accept for file the recommendation of the Recreation Advisory Board that Council "look into the status of Team Plan's work on the Recreation Master Plan and the past due phases". Vice Mayor Atwater seconded the motion. During discussion, the Village Manager reported that the final draft has been received from Team Plan, has been sent to the staff for review, and will then be forwarded to the Recreation Advisory Board for review and recommendation back to the Village Council. Thereafter, the motion passed 5-0. President Pro Tem Marks moved to accept for file the recommendation of the Recreation Advisory Board that Council "expedite the contract process between the Village and Pepsi, to ensure that the scoreboard is in place by the start of the 1995 baseball season in March". Councilman Valente seconded the motion. Village Manager Dennis Kelly reported to the Council during discussion that the revised contract draft has been sent back to Pepsi. There is a question regarding the exclusive use of Pepsi products on Village property. Mr. Kelly will call Pepsi and check on the status of this contract. Thereafter, the motion passed 5-0. 1 2 Minutes of Regular Session ' Held Thursday, October 27, 1994 VILLAGE MANAGER'S REPORT Mr. Kelly updated the Council on the status of FIRMA and BRMA. An Interlocal Agreement is being prepared at this time, and will soon be sent to the various municipalities. 758 - VIOLATION President Pro Tem Marks moved that Bill 758 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 1-9 OF CHAPTER 1 OF THE CODE OF ORDINANCES ESTABLISHING AN ADDITIONAL ASSESSMENT FOR VIOLATION OF MUNICIPAL ORDINANCES AND VIOLATION OF A STATE PENAL OR CRIMINAL STATUTE WITHIN THE INCORPORATED LIMITS OF THE VILLAGE OF NORTH PALM BEACH AND BOND ESTREATURE AND FORFEITED BAIL BOND RELATED THERETO TO BS USED FOR CRIMINAL JUSTICE EDUCATION DEGREE PROGRAMS AND TRAINING COURSES, INCLUDING BASIC RECRUIT TRAINING; 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. Vice Mayor Atwater seconded the motion, and all present voted aye. Vice Mayor Atwater moved that Bill 758 be enacted as Ordinance 21-94. Councilman Kelley seconded the motion, and all present voted aye. BILL 760 - HARBOUR POINT MARINA P.U.D. AMENDMENT FOR PARCEL "A" - PLACED ON SECOND READING AND ENACTED AS ORD. 22-94 Vice Mayor Atwater moved that Bill 760 entitled: - AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 6-94 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" BY APPROVING THE DEVELOPMENT OF SEVEN (7) TOWNHOMES ON 1.083 ACRES DESIGNATED AS PARCEL "A" IN ACCORDANCE WITH THAT CERTAIN PLAN PREPARED BY STEPHAN A. YECKES, ARCHITECT, CONSISTING OF ONE (1) COVER SHEET ENTITLED "OVERALL SITE PLAN OF PUD" (UNDATED) AND SI% (6) SHEETS ENTITLED "HARBOUR POINT TOWNHOMES" ' PREPARED BY STEPHAN A. YECKES, ARCHITECT, DATED JUNE 20, 1994, ATTACHED AND MADE A PART HEREOF; PROVIDING FOR 3 1 Minutes of Regular Session Held Thursday, October 27, 1994 RETENTION OF TEN (10) PARKING SPACES WITHIN PARCEL "A" AS SET FORTH ON PUD EBHIBITS NOW ON FILE WITH THE VILLAGE; PROVIDING FOR CONVERSION OF SEVEN (7) COMMERCIAL BDAT SLIPS WHICH ABUT PARCEL "A" TO PRIVATE SLIPS TO BE OWNED AND MAINTAINED BY THE OWNERS OF PARCEL A; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE 1 be placed on second reading and read by title alone. President Pro Tem Marks seconded the motion. During discussion, it was noted for the record that Section 3.a and 3.c were added. Thereafter, the motion passed 5-0. Vice Mayor Atwater moved that Bill 760 be enacted as Ordinance 22- 94. Councilman Kelley seconded the motion, and all present voted aye. P.U.D. AMENDMENT FOR AS ORD. Vice Mayor Atwater moved that Bill 761 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 6-94 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "HARBOUR POINT MARINA" BY APPROVING THE DSVSLOPMBNT OF TWENTY-FOUR (24) TOWNHOMES ON 3.420 ACRES DESIGNATED AS PARCEL "D" IN ACCORDANCE WITH THAT CERTAIN PLAN CONSISTING OF ONE (1) SHEET PREPARED BY GBSH ARCHITECTS, INC. (UNDATED) ATTACHED AND MADE A PART HEREOF; PROVIDING FOR CONVERSION OF TWENTY-FOUR (24) COMMERCIAL BOAT SLIPS TO PRIVATE SLIPS TO BE OWNED AND MAINTAINED BY THS OWNERS OF PARCEL "D"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE 1 be placed on second reading and read by title alone. Councilman Kelley seconded the motion, and all present voted aye. Vice Mayor Atwater moved that Bill 761 be enacted as Ordinance , 23-94. President Pro Tem Marks seconded the motion, and all present voted aye. 4 Minutes of Regular Session Held Thursday, October 27, 1994 RESOLUTION 43-94 ADOPTED - AUTHORIZING STATEWIDE MUTUAL AID AGREEMENT Councilman Valente moved that Resolution 43-94 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 A STATEWIDE MUTUAL AID AGREEMENT WITH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING RECIPROCAL EMERGENCY AID AND ASSISTANCE IN CASE OF EMERGENCIES AND NATURAL DISASTERS TOO EXTENSIVE TO BS DEALT WITH ON AN UNASSISTED BASIS; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. RESOLUTION 44-94 ADOPTED - WAGE AND PAY PLAN ' Councilman Kelley moved that Resolution 44-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND ADOPTING THE WAGE AND PAY PLAN STUDY FOR THE VILLAGE OF NORTH PALM BEACH DATED JULY, 1994, PREPARED BY CODY AND ASSOCIATES, INC. ATTACHED AS EXHIBIT "A", AND SELECTING THS OPTION TO ADJUST THE SALARIES OF THOSE EMPLOYEES IN A CLASSIFICATION AT .5% (PERCENT) PSR YEAR AT CURRENT POSITIONS UP TO A MAXIMUM OF 5$ (PERCENT) WHEN THE PROPOSED RANGE AFFECTS MORE THAN ONE (1) EMPLOYES IN ANY CLASSIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Marks seconded the motion. Discussion was held concerning a memo dated October 26, 1994 from Cody and Associates, which recommended six amendments to the July Wage and Pay Plan Study Report. Councilman Kelley amended his motion to include all amendments as stated in Cody and Associates memo dated October 26, 1994, with the exception of deleting two positions suggested in amendments 2 and 4. President Pro Tem Marks seconded the motion. A policy dealing with raises for positions which are over the maximum of the pay range has not yet been resolved. 5 ' Minutes of Regular Session Held Thursday, October 27, 1994 Village Manager Dennis Kelly requested that clarification be made regarding the Club Manager's salary, since his contract makes no provision for him for like increases that the other employees receive. The Village Council will address this after the Country Club Administrative Board reviews all contracts, i.e. Pool Professional, Tennis Professional, and Country Club Manager, and forwards them to the Council with their recommendations. Thereafter, the motion to adopt Resolution 44-94, as amended, passed 4-1, with Councilman Kelley, President Pro Tem Marks, Vice Mayor Atwater and Mayor Vastola voting aye, and Councilman Valente voting nay. RESOLUTION 45-94 ADOPTED - IMPLEMENTING WAGE AND PAY PLAN FOR NON- UNION EMPLOYEES Vice Mayor Atwater moved that Resolution 45-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IMPLEMENTING FOR NON-UNION EMPLOYEES THE WAGE AND PAY PLAN STUDY FOR THE VILLAGE OF NORTH PALM BEACH, DATED JULY 1994, PREPARED BY CODY AND ASSOCIATES, INC. ATTACHED AS EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Kelley seconded the motion. The motion passed 4-1, with Vice Mayor Atwater, Councilman Kelley, President Pro Tem Marks and Mayor Vastola voting aye, and Councilman Valente voting nay. RESOLUTION 46-94 ADOPTED - AMENDING PBA-GENERAL CONTRACT FOR 1992-93 Vice Mayor Atwater moved that Resolution 46-94 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 A WRITTEN AMENDMENT ATTACHED AS EXHIBIT "A" TO THE 1992-93 POLICE BENEVOLENT ASSOCIATION-GENERAL CONTRACT WITH THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Marks seconded the motion, and all present voted aye. ' Minutes of Regular Session Held Thursday, October 27, 1994 RESOLUTION 47-94 ADOPTED - AMENDING PBA-LIEUTENANTS CONTRACT FOR 1992-93 Vice Mayor Atwater moved that Resolution 47-94 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THS MAYOR AND VILLAGE CLERK TO ENTER INTO A WRITTEN AMENDMENT ATTACHED AS EXHIBIT "A", TO THE 1992-93 POLICE BENEVOLENT ASSOCIATION-LIEUTENANTS CONTRACT WITH THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Kelley seconded the motion, and all present voted aye. CANCELLATION OF VILLAGE COUNCIL MEETINGS President Pro Tem Marks moved to cancel Village Council meetings scheduled for Thursday, November 24, 1994 and Thursday, December 22, 1994, due to Thanksgiving and Christmas holiday observance. ' Vice Mayor Atwater seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR NON-UNION EMPLOYEES' SALARIES FOR FY 1994-95 Councilman Kelley moved that a budget transfer in the amount of $9,816 from A5540-49915 (Reserve-Raises & Benefits) to various line items to adjust salaries of certain non-union employees, per salary survey, be approved. Vice Mayor Atwater seconded the motion. The motion passed 4-1, with Councilman Kelley, Vice Mayor Atwater, President Pro Tem Marks and Mayor Vastola voting aye, and Councilman Valente voting nay. BUDGET TRANSFER FOR 1994-95 COLA APPROVED FOR NON-UNION EMPLOYEES/GENERAL FUND Vice Mayor Atwater moved that a budget transfer request for the 1994-95 COLA for non-union employees/General Fund be taken from the table. President Pro Tem Marks seconded the motion, and all present voted aye. Vice Mayor Atwater moved that a budget transfer be approved for the General Fund in the amount of $45,544 from A5540-49915 (Reserve & Benefits) to various line items for the distribution of COLA for ' Fiscal Year 1994-95 to all non-union and permanent part-time employees. President Pro Tem Marks seconded the motion. The motion passed 4-1, with Vice Mayor Atwater, President Pro Tem ' Minutes of Regular Session Held Thursday, October 27, 1994 Marks, Councilman Kelley and Mayor Vastola voting aye, and Councilman Valente voting nay. BUDGET TRANSFER FOR 1994-95 COLA APPROVED FOR NON-UNION EMPLOYEES/GENERAL FUND Councilman Kelley moved that a budget transfer request for the 1994-95 COLA for non-union employees/Country Club Fund be taken from the table. President Pro Tem Marks seconded the motion, and all present voted aye. Councilman Kelley moved that a budget transfer be approved for the Country Club Fund in the amount of $21,612 from L8070-49915 (Reserve-Raises & Benefits) to various line items for the distribution of COLA for Fiscal Year 1994-95 to all non-union and permanent part-time employees. Vice Mayor Atwater seconded the motion. The motion passed 4-1, with Councilman Kelley, Vice Mayor Atwater, President Pro Tem Marks and Mayor Vastola voting aye, and Councilman Valente voting nay. ' ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:40 p.m. 1 8