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05-08-1997 VC REG-M• MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MAY 8, 1997 Present: Gail H. Vastola, Mayor Charles O'Meilia, Vice Mayor Tom Valente, Councilman David Norris, Councilman George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: Larry Kelley, President Pro Tem Dennis Kelly, Village Manager ROLL CALL Mayor Vastola called the meeting to order at 7:30 p.m. All members of Council were present except President Pro Tem Kelley, who was absent due to illness. All members of staff were present except Village Manager Dennis Kelly, who was out of town. Acting • Village Manager Shaukat Khan was present. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor O'Meilia gave the invocation, and Councilman Norris led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Interview Meeting held 4/16/97 Minutes of Special Meeting held 4/16/97 The following Minutes were approved as amended: Minutes of Regular Session held 4/24/97 - Page 2, PETITIONS AND COMMUNICATIONS: add Library Advisory Board Minutes of 3/25/97; Page 5, under Resolution 27-97, add amendment to the Village Manager's Employment Agreement which stated that the Goal's and Objectives "shall generally be • attainable within the time limitations as specified, if any". Minutes of Regular Session • Held Thursday, May 8, 1997 REPORT OF THE MAYOR Mayor Vastola proclaimed May 18, 1997 to May 24, 1997 as Emergency Medical Services Week in the Village of North Palm Beach. Sgt. Jack Watrous was present to accept the Proclamation. Commissioner Warren Newell presented the Village Council with an update on the Lake Worth Lagoon. Commissioner Newell told the Council that Palm Beach County has formed a partnership with the Department of Environmental Protection to develop an ecosystem management program for the Lake Worth Lagoon, which proposes economic and regulatory incentives to applicants in return for better protection of ecosystems. PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of the Recreation Advisory Board Meeting held 4/8/97 • Minutes of Country Club Administrative Board Meeting held 4/21/97 REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS Vice Mayor O'Meilia moved to accept fior file the recommendation of the Country Club Administrative Board that "Council approve transfer of funds in the amount of $5,700 from L8070-49910 (Country Club Contingency) to L8050-66210 (Construction & Major Renovation), in order to appropriate additional funds for necessary electrical work and labor for the tennis court light project, per recommendation of the Public Services Director". Councilman Valente seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to accept for file the recommendation of the Country Club Administrative Board that "Council accept and award bid from C. R. Dunn, Inc. of Lake Worth, Florida, in the amount of $46,700 fior the tennis court lights, Account L8050-66210 (Construction & Major Renovation )". Councilman Norris seconded the motion, and all present voted aye. BILL 878 -REZONING OF ANNEXED ENCLAVE -PLACED ON SECOND READING AND ENACTED AS ORD. 22-97 • 2 Minutes of Regular Session • Held Thursday, May 8, 1997 Vice Mayor O'Meilia moved that Bill 878 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED ON U. S. HIGHWAY ONE BETWEEN MCLAREN ROAD AND CAROLINDA ROAD WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FROM PALM BEACH COUNTY ZONING DISTRICT CG, GENERAL COMMERCIAL, TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT; 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, and all present voted aye. Vice Mayor O'Meilia moved that Bill 878 be enacted as Ordinance 22-97. Councilman Norris seconded the motion, and all present voted aye. • BILL 879 -AMENDING CODE SECTION 2-116 OF ART.IV. (MANAGES -PLACED ON Councilman Norris moved that Bill 879 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-116 OF ARTICLE IV., MANAGER, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE VILLAGE MANAGER WILL BE ENTITLED TO BENEFITS IF REMOVED FROM OFFICE BY THE COUNCIL WITHOUT GOOD CAUSE; ADDING A SECTION 2-118 TO ARTICLE IV., MANAGER, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE VILLAGE MANAGER SHALL FURNISH THE VILLAGE COUNCIL EACH FISCAL YEAR WITH A BALANCED BUDGET WITHOUT THE USE OF APPROPRIATED FUNDS; 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, May 8, 1997 be placed on second reading and read by title alone. Councilman Valente seconded the motion, and all present voted aye. Councilman Norris moved that Bill 879 be enacted as Ordinance 23-97. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 29-97 ADOPTED -REVISED PERSONNEL RULES AND REGULATIONS Councilman Norris moved that Resolution 29-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE OF NORTH PALM BEACH, ATTACHED AS EXHIBIT "A", AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion. • During discussion, changes were made, as follows: Sec. 9.02.Oi.b.1 -amended to read: New employees shall accrue vacation days at the rate of ten (10) days per year and shall receive the accrued vacation days prorated as of October 1 fiollowing the date of hire. Page 30, ¶ I. at bottom of draft to be deleted. Page 50, Sec. 12.03.04. Guidelines: Items. a., b., and c. are to be deleted. Additional language shall be inserted to read :The Village Council shall determine performance increase for "Outstanding" ratings, "Exceeds Expectations" ratings, and "Meets Expectations" ratings during the budget process. Correct typographical errors per handout sheet, items 6, 7 and 8. Vice Mayor O'Meilia moved to amend the Personnel Rules and Regulations per the handout sheet, with Item No. 3 deleted, and No. 4 reworded. Councilman Norris seconded the motion, and all present voted aye. Additional changes were made, as follows: r1 L J 4 Minutes of Regular Session • Held Thursday, May 8, 1997 Page 6, Section 4.03 PAY INCREASES: Delete ¶ a. and b. Page 7, Section 4.04 PAY RATES IN TRANSFER, PROMOTION OR DEMOTION: ¶ c. Delete part of paragraph that reads: "...or at the discretion of the Village Manager may remain the same or may be adjusted to a lower rate in the case of demotion". Replace with "...and shall be adjusted to the rate of the new grade in case of demotion". Page 20, SECTION 8.02 INCLUDED EMPLOYEES: Change the word "included" to the word "hourly". Insert language in sentence 1 to read: Overtime shall be compensated "to hourly employees" Page 20, SECTION 8.03 EXCLUDED EMPLOYEES: Change the word "excluded" to "salaried"; delete the phrase "in those circumstances where it is deemed appropriate". Add Section 8.04: Compensatory time shall accrue to no more than 24 hours, and applies to both hourly and salaried employees. Accrued compensatory time not . taken shall be paid upon termination of employment, not to exceed 24 hours. Page 28, Holidavs: The last given holiday on the list of holidays shall read: One other duly recognized holiday as determined by each Department; first word of ¶1 was changed to read "regular" employees instead of "eligible" employees_ Page 32, 9.02.08 MEETINGS. CONFERENCES OR CONVENTIONS: Change the last sentence in the paragraph to read: "Probationary employees may be sent for required certified training courses upon approval of the Department Head and the Village Manager". Page 48, 12.02.04 SCALES: 2 on the evaluation scale shall be defined as "Meets Expectations", and 3 shall be defined as "Exceeds Expectations". Page 50, 12.03.04 GUIDELINES_ : All percentages shall be left blank in paragraphs a., b. and c. Councilman Norris moved to accept all amendments, as discussed. Councilman Valente seconded the motion, and all present voted aye. • 5 Minutes of Regular Session • Held Thursday, May 8, 1997 By consensus, the Council agreed that the new Rules and Regulations shall become effective June 1, 1997. Thereafter, the motion to adopt Resolution 29-97, as amended, passed 4-0. RECESS The meeting recessed at 9:27 p.m., and reconvened at 9:35 p.m. CONSTRUCTION SERVICES_ PROPOSAL APPROVED FOR COMMUNITY CENTER PROJECT Vice Mayor O'Meilia moved to accept the proposal of Howard L. Searcy, Consulting Engineer, for construction services associated with the Community Center ball field project, with funding to be from K8033-49920, not to exceed $42,000, based on the current contract. Councilman Norris seconded the motion, and all present voted aye. COMMUNITY CENTER PROJECT CHANGE ORDER PROPOSAL APPROVED • Councilman Norris moved to accept the proposal of Howard L. Searcy, Consulting Engineer, for additional design services associated with added scope of work for the Community Center ball field project, in accordance with Sect. 1.A of the Agreement between Howard L. Searcy Consulting Engineers and the Village of North Palm Beach. Councilman Valente seconded the motion. Vice Mayor O'Meilia moved to amend the motion by adding that the funding is to come from K8033-49920. Councilman Valente seconded the motion, and all present voted aye. Thereafter, the original motion passed 4-0. PBC MUNICIPAL LEAGUE FOR SPECIAL ASSESSMENT AND REORGANIZATION PLAN OPPOSED Vice Mayor O'Meilia moved to support the Special Assessment requested by the Municipal League for Fiscal year 1996-97. Councilman Valente seconded the motion. The motion failed 2-2, with Vice Mayor O'Meilia and Councilman Valente voting aye, and Councilman Norris and Mayor Vastola voting nay. C~ 6 Minutes of Regular Session • Held Thursday, May 8, 1997 Councilman Valente moved to recommend to the Municipal League to leave the organization chart as it is now. Vice Mayor O'Meilia seconded the motion, and all present voted aye. HIRING FREEZE LIFTED FOR SANITATION COLLECTOR POSITION Councilman Valente moved to lift hiring freeze on a Sanitation Collector position (job code #7020-0115) in the Department of Public Services; reference position audit and needs assessment submitted in accordance with the hiring freeze policy. Vice Mayor O'Meilia seconded the motion, and all present voted aye. DONATIONS APPROVED FOR "PROJECT GRADUATION" Councilman Valente moved to approve donations for "Project Graduation" in the amount of $500.00 to Palm Beach Gardens High School; and $250.00 for Dwyer High School and Suncoast High School upon request. Councilman Norris seconded the motion, and all present voted aye. • ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:00 p.m. ~, ~~, thleen F. Kelly, CMC, Village erk • 7