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02-11-1993 VC REG-M1 1 MINUTES OF REGULAR SESSION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 11, 1993 Present: Judy M. Pierman, Mayor V. A. Marks, M. D., Vice Mayor Jerry Gardner, President Pro Tem Tom Valente, Councilman Gail H. Vastola, Councilman Charles O'Meilia, Acting Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: ROLL CALL Dennis W. Kelly, Village Manager Mayor Pierman called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present except Dennis Kelly, who was out of the country on military duty. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pierman gave the invocation, and President Pro Tem Gardner 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 1/28/93 REPORT OF THS MAYOR Mayor Pierman presented a proclamation to the North Palm Beach Recreation Department in appreciation of their excellent work and positive services. Recognition was also given to the Recreation Advisory Board. M. C. Love, Chairman of the Country Club Administrative Board, introduced Alan Sayer, Manager of the Country Club. By consensus, the Council agreed to set the week of March 22, 1993 as Pride Awareness Week in the Village of North Palm Beach. During discussion, it was suggested that one day be chosen during Pride Awareness Week on which community volunteer groups might have a ' community project by painting or landscaping one home, based on need of the elderly or indigent. Mayor Pierman acknowledged Shaukat Khan, Finance Director, for successfully completing the requirements of the Florida Government Minutes of Regular Session Held Thursday, February 11, 1993 Finance officers Association - Certified Government Finance officer Program. Mr. Khan is one of 19 members who have achieved this certification. RECEIPT OF MINUTES The following Minutes were received as submitted: Minutes of Planning Commission Meeting held 1/5/93 Minutes of Country Club Administrative Board Meeting held 1/18/93 Minutes of Special Country Club Administrative Board Meeting held 1/28/93 Minutes of Country Club Administrative Board Meeting held 2/1/93 ' Vice Mayor Marks moved that the Village Council send a letter to Bill McDermott, commending him for his work with teams and leagues at the North Palm Beach tennis facility. Councilman Vastola seconded the motion, and all present voted aye. REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS President Pro Tem Gardner, North Palm Beach representative on the Beaches and Shores Council, gave a status report on issues currently being addressed by that Council. Mr. Gardner requested that if no other Councilman objected, he would like to continue as the Village's representative to this Board. PETITIONS AND COMMUNICATIONS President Pro Tem Gardner moved to accept the recommendation of the Country Club Administrative Board to approve the request of Armando Denaro to change the renewal date of his lease from August 15, 1993 to March 15, 1993 to coincide with the Alcohol Beverage License date. Mayor Pierman passed the gavel to Vice Mayor Marks and seconded the motion. The motion failed 2-3, with President Pro Tem Gardner and Mayor Pierman voting aye, and Councilman Valente, Councilman Vastola and President Pro Tem Marks voting nay. ' Vice Mayor Marks returned the gavel to Mayor Pierman. ' Minutes of Regular Session Held Thursday, February 11, 1993 VILLAGE MANAGER'S REPORT At the request of Acting Village Manager Charles O'Meilia, Village Attorney George Baldwin reported to the Council that the Taylor vs. Village of North Palm Beach case had been completed with the exception of final written arguments and proposed final judgements, with a court ruling expected in May. BILL 692 - AMENDMENT 92-1 TO THE COMPREHENSIVE PLAN Councilman Valente moved to authorize staff to advertise Public Hearing and schedule second reading of-Bill 692 (Ordinance 1-93), a proposed ordinance adopting Amendment 92-1 to the Comprehensive Plan of North Palm Beach. Vice Mayor Marks seconded the motion, and all present voted aye. BILL 693 - AMENDMENT 92-2 TO THE COMPREHENSIVE PLAN Councilman Vastola moved to authorize staff to advertise Public Hearing and schedule second reading of Bill 693 (Ordinance 2-93), a proposed ordinance adopting Amendment 92-2. to the Comprehensive Plan for the Village of North Palm Beach. President Pro Tem Gardner seconded the motion, and all present voted aye. BILL 705 ENACTED AS ORD. 7-93 - Councilman Valente moved that Bill 705 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1992-93 TO APPROPRIATE ADDITIONAL FUNDS FOR SPECIAL LEGAL SERVICES AND FOR VILLAGE ATTORNEY be placed on second reading and read by title alone. Vice Mayor Marks seconded the motion, and all present voted aye. Councilman Vastola moved that Bill 705 be enacted as Ordinance 7- 93. Councilman Valente seconded the motion, and all present voted aye. -93 - AMENDING STORMWATER MANAGEMENT ' Councilman Vastola moved that Bill 706 entitled: 3 Minutes of Regular Session Held Thursday, February 11, 1993 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE VILLAGE OF NORTH PALM BEACH CODE, PLANNING AND DEVELOPMENT, STORMWATER MANAGEMENT, PROVIDING FOR DEFINITIONS; PROVIDING FOR WATER QUALITY; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INSPECTIONS AND MONITORING; PROVIDING FOR PENALTIES; PROVIDING FOR CAPTIONS; PROVIDING FOR 5EVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THS VILLAGE CODE AND PROVIDING FOR AN EFFECTIVE DATE be placed on second reading and read by title alone. Councilman Valente seconded the motion, and all present voted aye. Vice Mayor Marks moved that Bill 706 be enacted as ordinance 8-93. President Pro Tem Gardner seconded the motion, and all present voted aye. RESOLUTION 4-93 ADOPTED - PBA CONTRACT - GENERAL ' Vice Mayor Marks moved that Resolution 4-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE BARGAINING AGREEMENT BETWEEN THS VILLAGE OF NORTH PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - GENERAL, AND AUTHORIZING THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER IN ACCORDANCE WITH FLORIDA STATUTE CHAPTER 447 TO EXECUTE THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT WITH THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - GENERAL, SETTING FORTH THE BASIC, COMPLETE AND FULL AGREEMENT BETWEEN THE PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER FLORIDA STATUTE CHAPTER 447 AND PROVIDING AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion. During discussion, Vice Mayor Marks and Councilman Vastola agreed to include changes made to the draft contract in the original motion. Thereafter, all present voted aye. Councilman Vastola requested that she be considered as a member of the committee that is being formed to review the insurance issue, as stipulated in the Special Master's recommendation. ' RESOLUTION 5-93 ADOPTED - PBA CONTRACT - LIEUTENANTS 4 J Minutes of Regular Session Held Thursday, February 11, 1993 Councilman Valente moved that Resolution 5-93 entitled: A RESOLUTION OF THS VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND APPROVING THE RATIFIED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - LIEUTENANTS, AND AUTHORIZING THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER, IN ACCORDANCE WITH FLORIDA STATUTES CHAPTER 447, TO EXECUTE THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT WITH THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION - LIEUTENANTS, SETTING FORTH THE BASIC, COMPLETE AND FULL AGREEMENT BETWEEN THE PARTIES CONCERNING WAGES AND OTHER CONDITIONS OF EMPLOYMENT PER FLORIDA STATUTES CHAPTER 447, AND PROVIDING AN EFFECTIVE DATE be adopted. Vice Mayor Marks seconded the motion, and all present voted aye,' RESOLUTIONQ AWARDING BID FOR EKG MONITOR/DEFIBRILLATOR/PACER TABLED. Councilman Valente moved that a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PHYSIO-CONTROL CORPORATION, REDMOND, WA, FOR EKG MONITOR/DEFIBRILLATOR/PACER IN THE AMOUNT OF $8,664.65, TO BE EXPENDED FROM ACCOUNT A6416- 66490 (MACHINERY & EQUIPMENT) be adopted. Councilman Vastola seconded the motion. During discussion, Manny Grinn reported to the council that he had researched Physio-Control Corporation, and found that the company was a subsidiary of Eli Lilly, who had suspended production of its emergency heart defibrillator after the Food and Drug Administration found a number of manufacturing violations such as poor monitoring and record-keeping. Councilman Valente moved to table the motion until the next meeting. Vice Mayor Marks seconded the motion, and all present voted aye. RESOLUTION 6-93 - NOTICE OF ., GENERAL, ELECTION AND APPOINTING Councilman Valente moved that Resolution 6-93 entitled: 5 Minutes of Regular Session Held Thursday, February il, 1993 A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DIRECTING THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL .ELECTION TO BE HELD ON MARCH 9, 1993; NAMING THE TIME AND PLACE WHERE SUCH ELECTION SHALL BE HELD; APPOINTING THE ELECTION OFFICIALS FOR THE GENERAL ELECTION AND RUNOFF ELECTION; DECLARING THE OFFICES TO BE FILLED AT SUCH ELECTION be adopted. President Pro Tem Gardner seconded the motion, and all present voted aye. RESOLUTION 7-93 ADOPTED - SPEED LIMIT ON PROSPERITY FARMS Councilman Vastola moved that Resolution 7-93 entitled: ' A RESOLUTION OF THS VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, URGING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY TO REDUCE THE POSTED SPEED LIMIT FROM 40 MILES PER HOUR TO 35 MILE5 PER HOUR ON THAT PORTION OF PROSPERITY FARMS ROAD THAT LIES WITHIN THE INCORPORATED LIMITS OF THE VILLAGE OF NORTH PALM BEACH; AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor Marks seconded the motion, and all present voted aye. REALLOCATION OF BUDGETED FUNDS FOR GREENSMOWER APPROVED Councilman Valente moved to approve reallocation of $24,000 in L8045-66490 (Machinery & Equipment) already budgeted for lightweight fairway unit to the purchase of a Triplex greensmower and Seven Gang Pull Unit, as requested by Golf Course Superintendent and recommended by the Country Club Administrative Board. Vice Mayor Marks seconded the motion, and all present voted aye. L & A TESTING OF ELECTION EQUIPMENT •President Pro Tem Gardner 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 on Friday, March 5, 1993 at 10:00 a.m. at the Palm Beach County governmental Center for the Village Election of March 9, 6 Minutes of Regular Session Held Thursday, February 11, 1993 1993 and the runoff election should there be one. Councilman Vastola seconded the motion, and all present voted aye. SIGN APPEAL - PHOENIX VIDEO On the motion of President Pro Tem Gardner, seconded by Vice Mayor Marks, an appeal by Phoenix Video, 507 Northlake Blvd. was brought to the floor for discussion. David Kuschel, counsel for Phoenix Video, was present on behalf of Phoenix Video, and asked that the comedy and tradegy masks, as originally submitted for their wall and pole sign, be allowed. After discussion, Councilman Vastola moved to overturn the decision of the Planning Commission to modify a wall and pole sign as submitted by Phoenix Video. Vice Mayor Marks seconded the motion. The motion passed 4-1, with Councilman Vastola, Vice Mayor Marks, Councilman Valente and Mayor Pierman voting aye, and President Pro Tem Gardner voting nay. ' With no further business to come before the Council, the meeting adjourned at 9:03 p.m. a hleen F. Kel y, Village Cler]