02-13-1992 VC REG-M' y MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 13, 1992
Present: Jerry Gardner, Mayor
Judy M. Pierman, Vice Mayor
V. A. Marks, M. D., President Pro Tem
Manny Grinn, Councilman
Thomas F. Kelsey, Ph.D., Councilman
Bruce F. Sekeres, Director of Public Safety
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Gardner called the meeting to order at 7:30 p.m. All members
of Council were present. All members of staff were present except
the Village Manager, who was out of the Country. Bruce Sekeres,
Director of Public Safety, was present as Acting Village Manager.
INVOCATION AND PLEDGE OF ALLEGIANCE _
' Councilman Grinn gave the invocation, and Vice Mayor Pierman led
the Public in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held 1/23/92
Minutes of Special Meeting held 1/30/92
Minutes of Special Meeting held 2/4/92
Councilman Grinn stated that he had not received an explanation of
the language contained in the last paragraph of Section 11, page
24, of the Police and Fire Pension Ordinance (Bill 674) from the
Finance Director, as requested at the last Regular Session.
Councilman Grinn requested that this be noted in the Minutes.
REPORT OF THE MAYOR
Mayor Gardner proclaimed February 20, 1992 through March 1, 1992,
as Shrine Hospital Days in the Village of North Palm Beach. Bob
Kloske, Secretary of the Crusade Committee for the Amara Temple was
' present to accept the proclamation.
Mayor Gardner proclaimed March 23, 1992 through March 28, 1992 as
Pride Awareness Week in the Village of North Palm Beach. Pat
MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
Fitterer and Sondi Gahr, members of residents' Pride Awareness
Group, were present to accept the proclamation.
Barry Byrd, Special Legal Counsel for the Village of North Palm
Beach, reported to the Council on the status of the Gladwin case.
Mr. Byrd stated that the finding was in favor of the Village, and
he will keep the Council informed if an appeal is filed.
STATEMENTS FROM THE PUBLIC
Tom Monaghan of 548 Gulf Road, addressed the Council regarding his
request months ago for shrubbery to be planted at Anchorage Park.
The Village Manager was directed to find out what Public Services
did regarding this matter.
RECEIPT OF MINUTES
The following Minutes were received as submitted:
Minutes of Planning Commission Meeting held 1/7/92
Minutes of Code Enforcement Board Meeting held 1/13/92
Minutes of Recreation Advisory Board Meeting held 1/14/92
Minutes of Country Club Administrative Board Meeting held
1/20/92
Minutes of Special Recreation Advisory Board Meeting held
1/21/92
Minutes of General Employees Pension Board Meeting held
1/28/92
Minutes of Country Club Administrative Board Meeting held
2/3/92
The Village Manager was directed to ask for clarification from the
Country Club Administrative Board why fertilizer was purchased for
$308 per ton in one instance, and $330 per ton in another, as
referenced on page 2 of their Minutes of January 20, 1992.
RECOMMENDATION FROM COUNTRY CLUB ADMINISTRATIVE BOARD - RESIDENCY
PROPOSAL
Vice Mayor Pierman moved to accept and file the recommendation of
the Country Club Administrative Board (Minutes of 1/20/92) that the
2
MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
Council approve their residency proposal for the NPBCC Rules and
Regulations. Councilman Grinn seconded the motion.
During discussion, the consensus of Council was that the
recommendation should be placed on a future workshop, when the
resolution defining residency can be studied. if residency
definition is to be changed, the consensus was to make it uniform
throughout all the Village departments.
Thereafter, the motion passed unanimously.
BILL 674 AMENDING POLICE AND FIRE PENSION PLAN ADOPTED AS ORD. 1-92
The Village Attorney at this time informed the Council that he
agreed with Kruse, O'Connor and Ling, Inc., pension consultants and
actuary for the pension plan, that the last paragraph of section 11
on page 24 of Bill 674 could be deleted.
President Pro Tem Marks moved that bill 674 entitled:
AN ORDINANCE OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA,
' AMENDING AND RESTATING SECTION 2-159 THROUGH SECTION 2-
169, INCLUSIVE, OF DIVISION 4, PENSION AND CERTAIN OTHER
BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be amended as recommended by the Village Attorney, and placed on
second reading and read by title alone. Councilman Kelsey seconded
the motion, and all present voted aye.
President Pro Tem Marks moved to adopt Bill 674 as Ordinance 1-92.
Councilman Kelsey seconded the motion, and all present voted aye.
BILL 677 APPROPRIATING FUNDS FOR SPECIAL INVESTIGATIONS ADOPTED AS
ORD. 2-92
President Pro Tem Marks moved that Bill 677 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
FISCAL YEAR 1991-92 TO APPROPRIATE FUNDS FOR SPECIAL
INVESTIGATION
' be placed on second reading and read by title alone. Councilman
Kelsey seconded the motion, and all present voted aye.
3
' MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
Councilman Kelsey moved to adopt Bill 677 as ordinance 2-92.
President Pro Tem Marks seconded the motion, and all present voted
aye.
BILL 679 ADOPTING STANDARD HOUSING CODE, 1991 EDITION, WITH
Vice Mayor Pierman moved that Bill 679 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING CHAPTER 15 OE THS VILLAGE OF NORTH PALM BEACH
CODE, THE HOUSING CODE FOR THE VILLAGE, BY ADOPTING BY
REFERENCE THERETO THS STANDARD HOUSING CODE, 1991
EDITION, AND SETTING FORTH AMENDMENTS TO SAID STANDARD
HOUSING CODE
be placed on first reading and read by title alone. Councilman
Kelsey seconded the motion.
During discussion, Councilman Grinn moved to amend Section 307.4 -
Care of Premises by deleting the words "noxious growth".
Councilman Kelsey seconded the motion, and all present voted aye.
Vice Mayor Pierman moved to amend Section 307.4 - Care of Premises
by changing "9 inches in height" to "6 inches in height". Mayor
Gardner passed the gavel to President Pro Tem Marks and seconded
the motion. The motion failed 2-3, with Vice Mayor Pierman and
Mayor Gardner voting aye, and Councilman Kelsey, Councilman Grinn
and President Pro Tem Marks voting nay.
President Pro Tem Marks returned the gavel to Mayor Gardner.
Thereafter, the original motion, as amended, passed 4-1, with Vice
Mayor Pierman, Councilman Kelsey, President Pro Tem Marks and Mayor
Gardner voting aye, and Councilman Grinn voting nay.
RESOLUTION 5-92 CALLING FOR GENERAL ELECTION ADOPTED
Vice Mayor Pierman moved that Resolution 5-92 entitled:
A RESOLUTION OF THS VILLAGE OF NORTH PALM BEACH, FLORIDA,
DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE
GENERAL ELECTION TO BE HELD ON MARCH 10, 1992; NAMING THE
TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD;
' APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL
ELECTION AND RUNOFF ELECTION; DECLARING THS OFFICES TO BE
FILLED AT SUCH ELECTION
4
t MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
be adopted. Councilman Grinn seconded the motion, and all present
voted aye.
RESOLUTION 6-92 OPPOSING CREATION OF COUNTYWIDE GROWTH MANAGEMENT
AND LAND USE AUTHORITY CHARTER AMENDMENT ADOPTED
Councilman Grinn moved that Resolution 6-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, IN OPPOSITION TO ORDINANCE NO. 92-1 OF THS BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
WHICH AMENDS THE PALM BEACH COUNTY CHARTER AND
ESTABLISHES THE COUNTY COMMISSION AS A COUNTYWIDE
PLANNING COUNCIL WITH POWER TO ESTABLISH GROWTH
MANAGEMENT AND LAND USE THROUGHOUT PALM BEACH COUNTY AND
WHICH WOULD USURP THE POWER OF THE VILLAGE OF NORTH PALM
BEACH TO DETERMINE ITS OWN COMPREHENSIVE LAND USE PLAN;
AND AUTHORIZING AND DIRECTING THS VILLAGE MANAGER TO
PUBLISH THIS RESOLUTION IN FULL IN THE VILLAGE
NEWSLETTER; AND AUTHORIZING AND DIRECTING THE VILLAGE
CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO
THE BOARD OF COUNTY COMMISSIONERS RND EACH MUNICIPALITY
' WITHIN PALM BEACH COUNTY, AND SUCH OTHER PERSONS AS THE
MAYOR MAY DIRECT; AND, PROVIDING FOR AN EFFECTIVE DATE
HEREOF
be adopted. Vice Mayor Pierman seconded the motion. The motion
passed 3-2, with Councilman Grinn, Vice Mayor Pierman and
Councilman Kelsey voting aye, and President Pro Tem Marks and Mayor
Gardner voting nay.
RESOLUTION AMENDING "LEAVE POLICIES" OF THE PERSONNEL RULES AND
__, REGULATIONS TABLED
Vice Mayor Pierman moved to table a proposed resolution amending
Sec. 10.01 (Vacations) and Sec. 10.04 (Sick Leave) of the Village
Personnel Rules and Regulations and establishing method of payment
for accumulated vacation earnings until the next meeting.
Councilman Grinn seconded the motion, and all present voted aye.
RESOLUTION PROVIDING PAYMENT OF ACCUMULATED VACATION TIME EXCEEDING
Vice Mayor Pierman moved to table a proposed resolution providing
payment of accumulated vacation time that exceeds two years for all
' employees of the Village to October 1, 1991 until the next meeting.
Councilman Grinn seconded the motion, and all present voted aye.
MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
JACKIE WINCHESTER DESIGNATED AS VILLAGE'S REPRESENTATIVE FOR L & A
TESTING
Vice Mayor Pierman moved to designate Jackie Winchester, Supervisor
of Elections, or her designee, as the Village's representative for
the Logic and Accuracy testing of the tabulating equipment for
Friday, March 6, 1992 at the Palm Beach County Governmental Center
for the Village election of March 10, 1992 and the Runoff Election,
should there be one. President Pro Tem Marks seconded the motion,
and all present voted aye.
ADJUSTMENT TO VILLAGE CLERK'S SALARY AND BUDGET TRANSFER APPROVED
President Pro Tem Marks moved to approve a salary increase from
$26,250 to $29,250 for the Village Clerk and concurrently approve
the transfer of funds from A5540-49911 (Council Contingency) to
various Village Clerk personnel accounts in the amount of
$3,626.00. Vice Mayor Pierman seconded the motion. The motion
passed 4-1, with President Pro Tem Marks, Vice Mayor Pierman,
Councilman Kelsey and Mayor Gardner voting aye, and Councilman
Grinn voting nay.
' BUDGET TRANSFER FOR LABOR SSRVICSS APPROVE?l-
President Pro Tem Marks moved to transfer $4,000 from A5540-49911
(Council Contingency) to A5105-33113 (Labor Services) for the
purpose of funding the Labor Consultant's Agreement. Councilman
Kelsey seconded the motion, and all present voted aye.
LABOR CONSULTANT AGRESMSNT POSTPONED
It was the consensus of Council to postpone discussion of the Labor
Consultant Agreement until after the break, allowing the Village
Attorney to confer with Pat Taylor, representing the firm of Glen
Torcivia, P.A., concerning clarification of, and possible changes
to, Paragraph G. of the Agreement.
BUDGET TRANSFER TO PAY ACCUMULATED CARRYOVER VACATION HOURS TABLED
Vice Mayor Pierman moved to table a budget transfer in the amount
of $19,000 from A5540-49911 (Council Contingency) to A5540-49916
(Reserved-Accrued Benefit) for the purpose of paying accumulated
carryover vacation hours until the next meeting. Councilman Grinn
seconded the motion, and all present voted aye.
' The meeting recessed at 9:28 p.m., and reconvened at 9:45 p.m.
MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
LABOR CONSULTANT AGREEMENT
Village Attorney George Baldwin proposed to the Council that the
following changes to the Agreement be considered:
Paragraph F.: Sentence beginning on line 6 stating "Consultant is
limited to an overall maximum compensation of Five Thousand Dollars
($5,000.00) for one (1) year", add "except as provided in Paragraph
G."
Paragraph G.: Beginning with the word "Consultant" on line 7,
should be reworded as follows: "Consultant shall have a reciprocal
right to terminate this Agreement upon sixty (60) days written
notice to the Village Council. If Consultant has received the
maximum fee of Five Thousand Dollars ($5,000.00) within the year,
whether or not then terminated, he shall be required only to
complete services in progress and not be required to take on any
new services except at the One Hundred Dollars ($100.00) per hour
rate when said services have been approved by the Village Council."
After discussion, Mayor Gardner passed the gavel to Vice Mayor
' Pierman and moved to hire Glen Torcivia to represent the Village of
North Palm Beach at the arbitration hearing at his standard rate of
$110.00 per hour, without a contract, pending the return of Mr.
Kelly and the renegotiation of the contract. President Pro Tem
Marks seconded the motion.
Councilman Kelsey moved that the motion amended to include Mr.
Torcivia's time spent on the arbitration hearing as part of the
$5,000 cap in the contract. Mayor Gardner seconded the motion to
amend. The motion passed 4-1, with Councilman Kelsey, Mayor
Gardner, President Pro Tem Marks and Vice Mayor Pierman voting aye,
and Councilman Grinn voting nay.
After continued discussion, President Pro Tem Marks called for the
question. The call for the question passed 4-1, with President Pro
Tem Marks, Councilman Kelsey, Vice Mayor Pierman and Mayor Gardner
voting aye, and Councilman Grinn voting nay.
Thereafter, the original motion, as amended, passed 4-1, with Mayor
Gardner, President Pro Tem Marks, Councilman Kelsey and Vice Mayor
Pierman voting aye, and Councilman Grinn voting nay.
Vice Mayor Pierman returned the gavel to Mayor Gardner.
' The Village Clerk was directed to prepare a partial verbatim
transcript of the Special Meeting of February 4, 1992, whereby
negotiating instructions were given to the Village Manager.
MINUTES OF REGULAR SESSION - THURSDAY, FEBRUARY 13, 1992
With no further business to come before the Council, the meeting
adjourned at 10:04 p.m.
a hleen F. Kelly, Village Clerk
- ~~~1~~
~~~7~9.Z
1
s