05-14-1992 VC REG-MMINUTES OF REGULAR SESSION
' OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, MAY 14, 1992
Present: Judy M. Pierman, Mayor
Thomas F. Kelsey, Ph.D., Vice Mayor
V. A. Marks, M. D. , President Pro Tem
Tom Valente, Councilman
Gail H. Vastola, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Pierman 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 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 Regular Session held 4/23/92
REPORT OF THE MAYOR
On behalf of the Village Council, Mayor Pierman presented a plaque
to Robert Rowe for his service on the Planning Commission. Mr.
Rowe was present to accept.
Mayor Pierman called a Special Workshop to discuss employee group
health proposals for Wednesday, May 20, 1992 at 6:30 p.m.
President Pro Tem Marks requested that the Mayor send a letter to
Detectives Ralph Pauldine and Henry Maki, on behalf of the Council,
acknowledging their appearance on the television program "48
Hours".
Due to the preliminary work that Mayor Pierman has done in setting
up a coordinating Council for NAMAC/Police, President Pro Tem Marks
moved to resign his appointment as the Representative to the
NAMAC/Police coordinating Council and to appoint Mayor Pierman as
the representative so that her work and association with that
council could continue uninterrupted.
' Minutes of Regular Session
Held Thursday, May 14, 1992
Councilman Valente moved to accept the resignation, with Vice Mayor
Kelsey seconding the motion.
During discussion, Mayor Pierman stated that she would like to
continue on through the June signing of the NAMAC/Police Agreement,
but was happy to have President Pro Tem Marks take over the
responsibility of North Palm Beach Representative. Thereafter,
President Pro Tem Marks withdrew his resignation, and Councilman
Valente and Vice Mayor Kelsey withdrew their motion and second.
RECEIPT OF MINUTES
The following Minutes were approved as submitted:
Minutes of Zoning Board of Adjustment Meeting held 3/17/92
Minutes of Police & Fire Pension Board Meeting held 3/24/92
Minutes of Planning Commission Meeting held 4/7/92
' Minutes of Country Club Administrative Board Meeting held
4/20/92
Minutes of Special Country Club Administrative Board Meeting
held 4/27/92
Minutes of Code Enforcement Board Meeting held 5/4/92
Minutes of Country Club Administrative Board Meeting held
5/4/92
Minutes of Special Country Club Administrative Board Meeting
held 5/5/92
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly announced that the Twin City Mall Task
Force had hired three urban design firms to hold a charrette, with
high citizen participation on September 11-12, 1992. The three
firms will competitively formulate recommendations to be presented
to the Task Force for acceptance.
Mr. Kelly also announced that Charles R. O'Meilia will serve as
Acting Village Manager from May 16th through May 31st while Mr.
' Kelly is absent.
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' Minutes of Regular Session
Held Thursday, May 14, 1992
BILL 682 - ARCHAEOLOGICAL SITE PROTECTION REGULATIONS - TABLED TO
5/28/92
President Pro Tem Marks moved that Bill 682 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PROVIDING FOR CREATION OF ARCHAEOLOGICAL SITE PROTECTION
REGULATIONS; PROVIDING FOR PURPOSE AND INTENT;
DEVELOPMENT OF PREVIOUSLY UNDISCOVERED SITES WHERE
ARTIFACTS, HUMAN SKELETAL REMAINS, OR NON-HUMAN
VERTEBRATE FOSSILS ARE FOUND; PROVIDING FOR DEFINITIONS;
PROVIDING FOR CRITERIA FOR IDENTIFICATION OF
ARCHAEOLOGICAL SITES AND PROCEDURES FOR SITE
IDENTIFICATION; PROVIDING FOR CERTIFICATES TO DIG TO BS
ISSUED BY THE PUBLIC SERVICES DEPARTMENT OF THE VILLAGE;
PROVIDING FOR APPEALS; PROVIDING FOR PENALTIES; PROVIDING
FOR CAPTIONS; 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 and read by title alone. Councilman
Valente seconded the motion.
During discussion, it was determined that time frames in issuing
Certificates to Dig (Section V.) and Appeals (Section VI.) should
be. shortened, and more time to study the costs of a Consultant is
needed.
Vice Mayor Kelsey moved that Bill 682 be tabled until the Regular
Session of May 28, 1992. Councilman Vastola seconded the motion,
and all present voted aye.
RESOLUTION 21-92 - APPOINTMENTS TO ZONING BOARD OF ADJUSTMENT
President Pro Tem Marks moved that the current 2nd Alternate on the
Zoning Board of Adjustment be moved up to 1st Alternate, and the
new member be appointed as 2nd Alternate. Councilman Vastola
seconded the motion, and all present voted aye. The name of Curtis
Witters was entered into Resolution 21-92 as 1st Alternate.
By written ballot, the Council voted to appoint Martin Chira as 2nd
Alternate member of the Zoning Board of Adjustment, and his name
was entered into Resolution 21-92.
' President Pro Tem Marks moved that Resolution 21-92 entitled:
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Minutes of Regular Session
Held Thursday, May 14, 1992
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE ZONING BOARD OF
ADJUSTMENT
be adopted. Councilman Valente seconded the motion, and all
present voted aye.
RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS TABLED
vice Mayor Kelsey moved that a proposed resolution to amend the
Personnel Rules and Regulations be taken from the table.
Councilman Valente seconded the motion, and all present voted aye.
Councilman Valente moved that a proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AMENDING THE PERSONNEL REGULATIONS FOR THE
VILLAGE ADOPTED BY RESOLUTION NO. 17-82 BY CHANGING THS
REQUIREMENTS FOR VACATION FOR VILLAGE EMPLOYEES;
' PROVIDING FOR THE REPEAL OF ALL PARTS OF THE PERSONNEL
REGULATIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Marks seconded the motion.
During discussion, Vice Mayor Kelsey stated that this resolution
had been tabled during a past meeting for the purpose of clarifying
whether there was any control over when an employee with
accumulated time took their vacation time. Dr. Kelsey had
submitted additional wording to be incorporated into this
Resolution, which was to be distributed for Council review. Mr.
Kelly reported that he had referred this to the Village Attorney,
who felt that the existing Rules and Regulations already state that
the Village Manager and Department Heads exercise control over this
issue. To avoid redundancy, the change was not made.
President Pro Tem Marks moved to table the proposed resolution
amending the Personnel Rules and Regulations, and Vice Mayor Kelsey
seconded the motion.
Thereafter, the motion to table passed 4-1, with President Pro Tem
Marks, Vice Mayor Kelsey, Councilman Valente and Council Vastola
voting aye, and Mayor Pierman voted nay.
The Village Manager was directed to confer with the Village
Attorney and present documentation of the existing wording in the
Personnel Rules and Regulations, as well as Dr. Kelsey's suggested
' Minutes of Regular Session
Held Thursday, May 14, 1992
additional verbiage. This should be done prior to the next Council
meeting.
RESOLUTION 22-92 ADOPTED - BID AWARD FOR FERTILIZER
Councilman Valente moved that Resolution 22-92 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE BID OF PAR EX, DIVISION OF VIGORO
INDUSTRIES, WINTER HAVEN, FLORIDA FOR 11 TONS OF 15-0-15
FERTILIZER WITH RONSTAR, IN THE AMOUNT OF $10,047.95,
FUNDS TO BE EXPENDED FROM ACCOUNTS L8045-35223 AND L8045-
35230
be adopted. Councilman Vastola seconded the motion, and all
present voted aye.
COUNTRY CLUB RESTAURANT SIGN
President Pro Tem Marks moved to approve the Country Club
' restaurant sign, as requested by Armando Denaro and approved by the
Country Club Administrative Board, with the qualification that it
conform with the NPBCC sign in style and color. Councilman Vastola
seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR OVERTIME PAY IN GOLF COURSE
MAINTENANCE
President Pro Tem Marks moved that a budget transfer request of
$3,000 from L8070-49910 (Country Club Contingency) to L8045-11400
(Overtime Pay) to replenish shortfall in overtime Pay account be
approved. Councilman Valente seconded the motion, and all present
voted aye.
HIRING FREEZE POLICY
Vice Mayor Kelsey moved that Resolution 11-92 shall be considered
an adopted resolution not to be implemented until such time as the
Village Council votes to initiate a hiring freeze; and, at this
stage the hiring freeze is no longer in effect. President Pro Tem
Marks seconded the motion.
During discussion, the Village Attorney opined that Resolution 11-
92, which created the hiring freeze policy, would not be in
' conflict with lifting the hiring freeze at this time, and the
established policy could be implemented at such time as a hiring
freeze was initiated by the Council, when deemed necessary.
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Minutes of Regular Session
' Held Thursday, May 14, 1992
Additionally, the consensus of Council was that vacant positions
that might fall under a hiring freeze, when initiated, should
bypass the Workshop Session and be put immediately on a Regular
Session.
Village Attorney George Baldwin recommended that the Council
consider adding a paragraph to the hiring policy declaring that a
freeze is not in effect until such time as the Village Council
specifically initiates a hiring freeze.
Councilman Vastola and Mayor Pierman questioned why the critical
positions should have to follow the hiring freeze procedure, and
stated that they understood that critical positions would be exempt
from having to come before the Council. It was agreed that any
Council member could put the policy on another agenda for review.
Thereafter, the motion lifting the hiring freeze passed 5-0.
With no further business to come before the Council, the meeting
adjourned at 8:45 p.m.
a hleen E. Kelly, V llage C rk
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