01-23-1992 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 23, 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
Dennis W. Kelly, Village Manager
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.
INVOCATION AND PLEDGE OF ALLEGIANCS
Councilman Kelsey 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 Special Meeting held 1/7/92
The following Minutes were approved as corrected:
Minutes of Regular Session held 1/9/92
As referenced in the Minutes of Regular Session, the Village
Attorney was directed to submit in writing his interpretation of
the Statutes as they relate to the County's paving of driveways at
homes along Prosperity Farms Road within the Village. Mr. Baldwin
stated that the Legislature has given the County jurisdiction which
overrides the Village Code of Ordinances.
Concerning costs incurred for the January 6, 1992 Special
Referendum Election, Mr. Baldwin was of the opinion that the
Village of North Palm Beach must bear the expense.
The Village Manager was directed to prepare a letter to Mr.
Passmore of Southern Bell, to accompany a proposed resolution of
the Council opposing policies of Southern Bell relating to pay
telephone stations in the Village.
RECEIPT OF MINUTES
MINUTES OF REGULAR SESSION - THURSDAY, JANUARY 23, 1992
The following Minutes were received as submitted:
Minutes of Special Country Club Administrative Board Meeting
held 1/6/92
Minutes of Country Club Administrative Board Meeting held
1/6/92
VILLAGE MANAGER'S REPORT
The Village Manager announced that he will be out of the country
from February 9, 1992 through February 14, 1992, and that Mr.
O'Meilia will serve as Acting Village Manager in his absence.
Discussion was held concerning the 40 mph speed limit sign that was
recently posted by the County on that section of Prosperity Farms
Road that is within the corporate limits of the Village. Vice
Mayor Pierman stated that she has been in contact with Commissioner
Marcus regarding this, and that Commissioner Marcus indicated that
County may be cooperative in reducing the speed limit. Discussion
also included changing the speed limit from 20 mph to 15 mph in the
school zone, as allowed by State Statute. With the consensus of
Council, the Village Manager was directed to prepare a strong
letter, as soon as possible, asking the County to maintain the 30
mph speed limit, at least on the stretch of Prosperity Farms Road
from Northlake Blvd. to the Community Center, and to remove any 40
mph signs immediately. Also, notify the County that the school
zone will be changed to 15 mph instead of 20 mph.
BILL 674 - POLICE & EIRE PENSION PLAN - PLACED ON FIRST READING
President Pro Tem Marks moved that Bill 674 entitled:
RN ORDINANCE OF THE 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 OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman
Kelsey seconded the motion, and all present voted aye.
At Councilman Grinn's request, the Village Manager was instructed
to have the Finance Director prepare an interpretation of that
portion of Section 11 that appears on Page 24 prior to second
reading.
MINUTES OF REGULAR SESSION - THURSDAY, JANUARY 23, 1992
BILL 677 - SPECIAL INVESTIGATION LINE ITEM - PLACED ON
Councilman Grinn 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 first reading and read by title alone. President Pro
Tem Marks seconded the motion, and all present voted aye.
BILL 675 - HIDDEN KEY ANNEXATION - DROPPED FROM AGENDA
Mayor Gardner passed the gavel to Vice Mayor Pierman and moved .that
Bill 675 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
ANNEXING TO THE VILLAGE CERTAIN AREAS OF PROPERTY;
PROVIDING A LEGAL DESCRIPTION OF THS PROPERTY PROPOSED TO
' BE ANNEXED; REDEFINING THE BOUNDARIES OF THS VILLAGE TO
INCLUDE SAID PROPERTY; CALLING FOR A REFERENDUM ELECTION
IN THS VILLAGE AND WITHIN THE AREA PROPOSED TO BE
ANNEXED; DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF
THE REFERENDUM; AND PROVIDING AN EFFECTIVE DATE
be placed on first reading and read by title alone. President Pro
Tem Marks seconded the motion.
After lengthy discussion, the Council determined that action on
this annexation was premature, and Mayor Gardner and President Pro
Tem Marks withdrew their motion and second, respectively.
Vice Mayor Pierman returned the gavel to Mayor Gardner.
President Pro Tem Marks moved to drop Bill 675 from the agenda.
Councilman Kelsey seconded the motion, and all present voted aye.
BILL 678 - PORTAGE LANDING ANNEXATION - DROPPED FROM AGENDA
Vice Mayor Pierman moved that Bill 678 be removed from the agenda.
President Pro Tem Marks seconded the motion, and all present voted
aye.
' The meeting recessed at 9:30 p.m. and reconvened at 9:45 p.m.
RESOLUTION 2-92 - PACKER BODY BID AWARD - ADOPTED
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MINUTES OF REGULAR SESSION - THURSDAY, JANUARY 23, 1992
t
Vice Mayor Pierman moved that Resolution 2-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF MUNICIPAL SALES AND
LEASING, INC., LAKELAND, FLORIDA, FOR 20-YD PAK-MOR
PACKER BODY IN THE AMOUNT OF $18,220.99 TO BE EXPENDED
FROM ACCOUNT NO. A7020-66410
be adopted. Councilman Kelsey seconded the motion, and all present
voted aye.
RESOLUTION 3-92 - DRIVING RANGE LIGHTING BID AWARD - ADOPTED
President Pro Tem Marks moved that Resolution 3-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PRLM BEACH,
FLORIDA, ACCEPTING THE BID OF K & M ELECTRIC SUPPLY CO.,
INC., RIVIERA BEACH, FLORIDA, FOR CONSTRUCTION OF DRIVING
RANGE LIGHTING FIXTURES AND POLES FOR THE NORTH PALM
BEACH COUNTRY CLUB DRIVING RANGE, IN ACCORDANCE WITH
SPECIFICATIONS IN THE AMOUNT OF $9,283.44; FUNDS TO BE
' EXPENDED FROM ACCOUNT L8048-66210 (CONSTRUCTION & MAJOR
RENOVATION)
be adopted. Councilman Kelsey seconded the motion, and all present
voted aye.
RESOLUTION 4-92 - OPPOSING SOUTHERN BELL POLICY - ADOPTED
President Pro Tem Marks moved that Resolution 4-92 entitled:
A RESOLUTION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, IN STRONG OPPOSITION TO THE PRACTICE AND POLICY
OF SOUTHERN BELL IN REMOVING TELEPHONES FROM PARKS AND
OTHER PUBLIC PLACES WITHIN THE VILLAGE THAT ARE NEED FOR
THS PROTECTION, SAFETY AND CONVSNIENCE OF THS RESIDENTS;
AND AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO
FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO SOUTHERN
BELL, FLORIDA PUBLIC SERVICE COMMISSION, AND SUCH OTHER
PERSONS AS THE MAYOR MAY DIRECT; AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF
be adopted. Vice Mayor Pierman seconded the motion. During
discussion, by consensus, the resolution was amended by replacing
the word "residents" with the word "public".
' Thereafter, all present voted aye.
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' MINUTES OF REGULAR SESSION - THURSDAY, JANUARY 23, 1992
The Village Clerk was directed to send a copy of the resolution to
all surrounding communities.
RESOLUTION AMENDING "LEAVE POLICIES" OF THE PERSONNEL RULES AND
REGULATIONS - POSTPONED
A resolution amending Section 10.01 (Vacations) and Section 10.04
(Sick Leave) of the Village Personnel Rules and Regulations was
dropped from the agenda. This item will be addressed at the next
Regular Session on February 13, 1992.
HANLEY'S RESTAURANT SIGN - DECISION OF PLANNING COMMISSION REVERSED
Councilman Grinn moved to approve the decision of the Planning
Commission to deny a wall sign at Hanley's Restaurant. Mayor
Gardner passed the gavel to Vice Mayor Pierman and seconded the
motion.
The motion failed 1=4, with Councilman Grinn voting aye, and Mayor
Gardner, Councilman Kelsey, President Pro Tem Marks and Vice Mayor
Pierman voting nay.
' Thereafter, Councilman Grinn moved to approve the sign, with
President Pro Tem Marks seconding the motion. All present voted
aye.
Mayor Pierman returned the gavel to Mayor Gardner.
SELECTION OF LABOR CONSULTANT
President Pro Tem Marks moved that the Village Manager should
recommend to Council two or three names from resumes received in
the Request for Proposals for Labor Consultant, with each member of
the Council having the option to add one name of their choice to
his list. Councilman Kelsey seconded the motion, and all present
voted aye.
The Village Manager was directed to provide the Council, in their
reading file, with resumes that have been received, and also to
record in the matrix the fees stated in those proposals.
ARBITRATION HEARING - PROSPECTIVE SETTLEMENT
President Pro Tem Marks moved to continue tabling the arbitration
hearing and prospective settlement issue until February 23, 1992.
' Mayor Gardner passed the gavel to Vice Mayor Pierman and seconded
the motion.
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' MINUTES OF REGULAR SESSION - THURSDAY, JANUARY 23, 1992
After discussion, the motion failed 2-3, with President Pro Tem
Marks and Mayor Gardner voting aye, and Councilman Grinn,
Councilman Kelsey and Vice Mayor Pierman voting nay.
Vice Mayor Pierman returned the gavel to Mayor Gardner.
During the ensuing discussion, Councilman Grinn moved to discuss
granting of putting the pay increments, for the purposes of
overtime pay, into base pay, granting the request of the PBA.
Councilman Kelsey seconded the motion.
Vice Mayor Pierman raised a point of order regarding the propriety
of discussion. The Village Attorney opined that this issue should
not be discussed during the arbitration process, and that any
discussion relating to the contract should be discussed only in
Executive Session.
Councilman Grinn and Councilman Kelsey thereafter withdrew their
motion and second. Councilman Grinn moved that this item be
removed from the agenda. President Pro Tem Marks seconded the
' motion, and aI1 present voted aye.
With no further business to come before the Council, the meeting
adjourned at 10:45 p.m.
Cathleen F. Kelly, Village C1 k
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' MINUTES OF SPECIAL MEETING
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 30, 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
Dennis W. Kelly, Village Manager
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Gardner called the meeting to order at 5:30 p.m. A11 members
of Council were present. All members of staff were present except
the Village Attorney.
LABOR CONSULTANT APPLICANTS
Discussion was held concerning resumes and proposals received for
the position of labor consultant for the Village of North Palm
' Beach. The Village Manager presented his recommendations of Glen
J. Torcivia and I. Jeffrey Pheterson.
Frederick W. Ford and Hyman Borax were recommended by Councilman
Grinn and Mayor Gardner, respectively.
By unanimous consent, the Council agreed to interview all four
candidates at a Special Meeting on Tuesday, February 4, 1992, at
7:00 p.m, and to make their selection at that time.
Prior to the Special Meeting, an Executive Session will be held,
beginning at 6:30 p.m., for the purpose of discussing strategy in
negotiating the Lieutenants' contract.
BUDGET TRANSFER APPROVED - ELECTIONS WORKSHOP
President Pro Tem Marks moved that a budget transfer from various
accounts to A4904-34010 (Travel) in the amount of $162.00 for the
Village Clerk to attend a Division of Elections workshop be
approved. Councilman Kelsey seconded the motion, and all present
voted aye.
There being no further business to come before the Council, the
meeting adjourned at 6:00 p.m.
t
at leen F. Kelly, Village Cle