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03-14-1996 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MARCH 14, 1996 Present: V. A. Marks, M. D., Mayor Tom Valente, Vice Mayor Larry Kelley, President Pro Tem Gail H. Vastola, Councilman Charles O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Outgoing Mayor Tom Valente 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 O'Meilia gave the invocation, and Vice Mayor 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 2/22/96 REPORT OF THE MAYOR Mayor Valente presented a proclamation to the Sporting Goods Manufacturers Association in honor of its 90th anniversary on March 20, 1996. Harriet Nolan was present to accept the proclamation for SGMA. REORGANIZATION OF COUNCIL The Village Council conducted its organization according to Article III, Section 3 of the Village Charter, by nomination as follows: V. A. Marks was nominated fior Mayor by Tom Valente. There being no other • nominations, the nominations for Mayor were closed and V. A. Marks was elected Mayor. Minutes of Regular Session • Held Thursday, March 14, 1996 Gail Vastola was nominated for Vice Mayor by Larry Kelley, and Charles O'Meilia was nominated by Tom Valente. Charles O'Meilia declined the nomination, and V. A. Marks nominated Tom Valente for Vice Mayor. Thereafter, Tom Valente was elected Vice Mayor, with V. A. Marks, Charles O'Meilia and Tom Valente voting aye, and Larry Kelley and Gail Vastola voting nay. Nominations opened for President Pro Tem with Tom Valente nominating Charles O'Meilia, and Gail Vastola nominating Larry Kelley. Thereafter, Larry Kelley was elected President Pro Tem, with Gail Vastola, Charles O'Meilia and Larry Kelley voting aye, and Tom Valente and V. A. Marks voting nay. The names of V. A. Marks, Mayor, Tom Valente, Vice Mayor, and Larry Kelley, President Pro Tem were entered into Resolution 15-96. RESOLUTION 15-96 ADOPTED -APPOINTING CERTAIN OFFICERS OF THE VILLAGE Councilman O'Meilia moved that Resolution 15-96 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE be adopted. Mayor Valente seconded the motion, and all present voted aye. OATHS OF OFFICE ADMINISTERED The Village Clerk administered the Oath of Office to Mayor Marks, Vice Mayor Valente and President Pro Tem Kelley. These oaths shall be attached to the official Minutes of Record. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Planning Commission Meeting held 2/6/96 Minutes of Country Club Administrative Board Meeting held 2/19/96 Minutes of Special Country Club Administrative Board Meeting held 2/28/96 2 Minutes of Regular Session • Held Thursday, March 14, 1996 BILL 814 -BUDGET APPROPRIATION FOR FLOOD DAMAGE REPAIRS -PLACED ON SECOND READING AND ENACTED AS ORD. 11-96 Councilman O'Meilia moved that Bill 814 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS TO REPAIR SEVERAL INCIDENCES OF FLOOD DAMAGE TO THE VILLAGE'S PROPERTY AND INFRASTRUCTURE TO BE REIMBURSED BY FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) be placed on second reading and read by title alone. Vice Mayor Valente seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 814 be enacted as Ordinance 11-96. President Pro Tem Kelley seconded the motion, and all present voted aye. • BILL 815 -AMENDING GENERAL EMPLOYEES PENSION PLAN BENEFITS_ - PL_ AC_ ED ON FIRST READING Vice Mayor Valente moved that Bill 815 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE DEFINITION OF- "ACTUARIAL EQUIVALENCE OR ACTUARIALLY EQUIVALENT" SET FORTH IN SECTION 2-146 OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING THE NORMAL RETIREMENT AGE AND RETIREMENT BENEFIT SET FORTH IN SECTION 2-148(a) AND SECTION 2-148(b), RESPECTIVELY; CREATING A NEW SECTION 2-158 ENTITLED "OPTIONAL BENEFIT PLAN" PROVIDING FOR AN OPTIONAL BENEFIT PLAN FOR EXISTING AND NEW EMPLOYEES OF THE. VILLAGE AND EMPLOYEE CONTRIBUTIONS THEREFORE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE • 3 Minutes of Regular Session • Held Thursday, March 14, 1996 be placed on first reading and read by title alone. President Pro Tem Kelley seconded the motion. During discussion, Councilman O'Meilia moved to amend the ordinance to include language in the ordinance that is the same language as in the Police and Fire Pension ordinance on page 156.2 of the Code, Section 2-166(6), which says that one of the responsibilities of the Pension Board is to recommend changes and increases or decreases to the Pension Plan. President Pro Tem Kelley seconded the motion, and all present voted aye. Thereafter, the main motion, as amended, passed 5-0. BILL 816 -BUDGET APPROPRIATION FOR LIBRARY AUTOMATION -PLACED ON FIRST READING Councilman Vastola moved that Bill 816 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, • AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR FISCAL YEAR 1995-96 TO APPROPRIATE FUNDS FOR LIBRARY AUTOMATION be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. RESOLUTION 16-96 ADOPTED - APPOINTING_ MEMBER TO POLICE AND FIRE PENSION BOARD By written ballot, copies of which are attached to the offiicial Minutes of Record, the Village Council appointed Bob Carroll to the Police and Fire Pension Board. Thereafter, the name of Robert G. H. Carroll III was entered into Resolution 16-96. Vice Mayor Valente that Resolution 16-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A RESIDENT MEMBER TO THE PENSION BOARD FOR POLICE AND FIRE EMPLOYEES OF THE VILLAGE OF NORTH PALM BEACH • 4 Minutes of Regular Session • Held Thursday, March 14, 1996 be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 17-96 ADOPTED -AUDIT AGREEMENT WITH HAAS. DIAZ & CO. Vice Mayor Valente moved that Resolution 17-96 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 AN AGREEMENT WITH HAAS, DIAZ & CO., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR AN AUDIT OF THE VILLAGE'S GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1996; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Kelley seconded the motion, and all present voted aye. RESOLUTION 18-96 ADOPTED -AMENDING THE PURCHASING RULES AND • REGULATIONS Councilman O'Meilia moved that Resolution 18-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING THE PURCHASING RULES AND REGULATIONS FOR THE VILLAGE OF NORTH PALM BEACH TO ADD SECTION 11 FOR ACCOUNTING AND RECORDING OF FIXED ASSETS AND AMENDING SECTION 5.01 TO INCREASE THE PURCHASE ORDER REQUIREMENT FROM $200.00 TO $500.00 FOR THE PURCHASES be adopted. Vice Mayor Valente seconded the motion, and all present voted aye. RESOLUTION 19-96 ADOPTED -CAPITAL LEASE PURCHASE AGREEMENT WITH BARNETT BANK President Pro Tem Kelley moved that Resolution 19-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF BARNETT BANK OF PALM BEACH COUNTY, FLORIDA FOR THE CAPITAL LEASE PURCHASE OF L 5 Minutes of Regular Session . Held Thursday, March 14, 1996 ONE FIRE TRUCK AND TWO AMBULANCES BUDGETED IN FISCAL YEAR 1995-96 be adopted. Vice Mayor Valente seconded the motion. During discussion, Village Attorney George Baldwin recommended that the Council revise Section 2 of the Resolution by adding the term "negotiate", with the sentence to read "The Village Manager and the staff are hereby authorized and directed to negotiate and process the necessary documents for this Capital Lease Purchase Agreement." Further, the words "and execute" will be deleted, since the Agreement must be executed by the Mayor and Village Clerk. The Village Council, by consensus, agreed to these changes in language. Thereafter, the motion passed 5-0. RESOLUTION 20-96 ADOPTED -LOAN WITH FIRST UNION BANK Councilman O'Meilia moved that Resolution 20-96 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING 7HE PROPOSAL OF FIRST UNION NATIONAL BANK OF FLORIDA FOR THE LOAN IN THE AMOUNT OF $300,000 FOR VARIOUS COUNTRY CLUB PROJECTS BUDGETED FOR FISCAL YEAR 1995-96 be adopted. Councilman Vastola seconded the motion. During discussion, the Village Attorney recommended the same language changes be made as were made in the previous resolution by changing "process and execute" to "negotiate and process" in Section 2. Thereafter, the motion passed 5-0. President Pro Tem Kelley left the meeting at 8:43 p.m. • 6 Minutes of Regular Session • Held Thursday, March 14, 1996 RESOLUTION 21-96 ADOPTED -AUTHORIZING NAMAC/FIRE ADDENDUM FOR HAZMAT Councilman Vastola moved that Resolution 21-96 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 AN ADDENDUM TO THE NORTHERN AREA MUTUAL AID CONSORTIUM (NAMAC) AGREEMENT, WHICH ADDENDUM IS ATTACHED AS EXHIBIT "A" AND SETS FORTH TERMS AND PROVISIONS FOR THE HAZMAT PROGRAM OF THE CONSORTIUM; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman O'Meilia seconded the motion, which passed 4-0. President Pro Tem Kelley returned at 8:45 p.m. • BUDGET TRANSFER APPROVED FOR PUBLIC SAFETY OVERTIME ACCOUNTS Vice Mayor Valente moved to approve a budget transfer request in the amount of $13,700 from various Public Safety-Regular Pay accounts to various Public Safety- Overtime Pay accounts, as detailed in RCA dated 2/12/96, to cover deficits in Overtime Pay accounts. President Pro Tem Kelley seconded the motion, and all present voted aye. COMMUNICATION TO COAST GUARD -WIDENING OF PARKER BRIDGE In response to the Coast Guard's announcement desiring input from citizens regarding a proposed rule change that allows for the widening of the horizontal clearance for boat traffic on bascule bridges from 90 feet to 125 feet, the Village Council discussed a draft letter prepared by Councilman O'Meilia dated 3/14/96, wherein the Village Councils asks that the Parker Bridge on U. S. Highway One in North Palm Beach not be widened or subjected to the rule of 125 feet, due to the narrow passageway of the Intracoastal Waterway. Additionally, the Council feels that the subsequent lengthening of approaches leading to the bridge would infringe and cause irreparable taking and/or damages to neighborhoods, residences and Village-owned Country Club property on both the north and the south sides. • 7 P Minutes of Regular Session Held Thursday, March 14, 1996 After discussion, Councilman O'Meilia moved that the letter be sent to the 7th Coast Guard District before the deadline date of Saturday, March 16, 1996. Vice Mayor Valente seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. 'i ~ ~ K thleen F. Kelly, CMC, Villag Clerk 8 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. --- Village of North Palm Beach ) I, _iL7~ do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein, so help me God. Ignatur Subscribed and sworn to before me this 14th day of March , 1996 otary P,(lY P(~ OFFICIAL NOTAflY SEAL O~ 9% KATHLEEN F KELLY * ~{ i * COMMISSION NUMBER y,. '~ CC279947 ~i N ~'~ MY COMMISSION EXP. FoF pta MAY 24 1997 OaN,PPT OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, i/. ~. ~, do sclemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein, so help me God. ~~~e%~ Ignature Subscribed and sworn to before me this 14th day of March , 19 96 . otary =SPRY ~'GB'OFPICIAL NOTARY SEAL r-r~ KATHL'cEN r KELLY 1C' S;f ~ COMMISSION NUMBER CC279947 MY COMMIS910N EXP. ~l~~r>=~~e\ MAY 241997 081~.May ,.. OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, Tiy~ l~/~Lsi/r~ . do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein, so help me God. //// Y ~_ (Signature) Subscribed and sworn to before me this 14th day of March , 19 96 . O otary - - ~tiPSY pGB'OFFlCIAL NOTARY SEAL 7 KATHLEEN F KELLY ~ s S~f y COMMISSION NUMBER ~`~ Q CC279947 '^ ~ MY COMMISSION EXP. { ~~'? r~oc~ MAX 24 1997 OeM,VM