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09-25-1997 VC REG-M• MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 25, 1997 Present: Gail H. Vastola, Mayor Charles O'Meilia, Vice Mayor Larry Kelley, President Pro Tem Tom Valente, Councilman David Norris, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Vastola 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 Vice Mayor O'Meilia led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing held 9/11/97 Minutes of Regular Session held 9/11/97 REPORT OF THE MAYOR Mayor Vastola asked Council for direction to N.A.M.A.C to go forward with developing a more definitive plan for a centralized dispatch system for further study and consideration. Vice Mayor O'Meilia gave a brief report on the Palm Beach County Municipal League meeting held Wednesday, September 24th, and the position of the Palm Beach County Commission on the Wetlands Ordinance. Minutes of Regular Session • Held Thursday, September 25, 1997 PETITIONS AND COMMUNICATIONS The following Minutes were received for file: Minutes of Police & Fire Pension Board Meeting held 7/22/97 Minutes of Police & Fire Pension Board Meeting held 8/13/97 Minutes of Country Club Administrative Soard Meeting held 9/8/97 Minutes of Recreation Advisory Board Meeting held 9/9/97 It was noted that on Page 2 of the Police & Fire Pension Board Meeting Minutes held 8/13/97 regarding the motion to recommend Hanson, Perry & Jensen to the full Board did not include the name of the dissenting member, as required. VILLAGE MANAGER'S REPORT • Village Manager Dennis Kelly gave a status report on performance evaluations of non- union employees. Clarification was given by Council that COLA goes over the maximum pay range as a 52-week disbursement; bonuses go over maximum based on the Personnel Rules and Regulations, (50%) in a lump sum. Further, COLA and merit increase will be added to base pay, and longevity and incremental pay will be added on without having a percentage increase, which sets the base salary for the next year. The Village Manager requested that an administrative correction be made to Ordinance 39-97, which appropriated $20,000 from Unappropriated Fund Balance to replenish Council Contingency account A5540-49900. By consensus, the Council agreed that the appropriation should have been appropriated to the Council Contingency account of A5540-49901. DECLARATION OF EX PARTE COMMUNICATIONS The following Ex Parte communications were declared: President Pro Tem Kelley and Councilman Valente declared communications from Kurt Scarlott regarding utility trailers; Councilman Norris declared communication from Lucia Traugott, Len Pellegren, and John Atwater regarding the CCAB appointments; and Kurt Scarlott and Ted Matthews regarding utility trailers; Mayor Vastola declared • 2 Minutes of Regular Session • Held Thursday, September 25, 1997 communications from Carl Panzarella regarding the Public Safety Building and Kurt Scarlott regarding the utility trailers, and Len Pellegren regarding the CCAB appointments. BILL 899 -UTILITY TAX -PLACED O_ N SECOND READING AND ENACTED AS ORD. 41-97 President Pro Tem Kelley moved that Bill 899 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 26-29 OF ARTICLE III, UTILITY TAX, OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE VILLAGE BY CHANGING THE TAX LEVIED ON THE PURCHASE OF ELECTRICITY, METERED NATURAL GAS, LIQUEFIED PETROLEUM GAS EITHER METERED OR BOTTLED, MANUFACTURED GAS EITHER METERED OR BOTTLED FROM SEVEN (7%) PERCENT TO EIGHT (8%) PERCENT WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM BEACH; AMENDING SECTION (a) OF SECTION 26-31, EXEMPTIONS, TO PROVIDE ADDITIONAL EXEMPTIONS FROM PAYMENT OFTHE TAX; 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. Vie Mayor O'Meilia seconded the motion, and all present voted aye. President Pro Tem Kelley moved that Bill 899 be enacted as Ordinance 41-97. Vice Mayor O'Meilia seconded the motion, and all present voted aye. BILL 900 -TELECOMMUNICATIONS TAX -PLACED ON SECOND READING AND ENACTED AS ORD. 42-97 Councilman Valente moved that Bill 900 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 26-51 OF ARTICLE IV, TELECOMMUNICATIONS SERVICE TAX, OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE VILLAGE BY CHANGING THE TAX LEVIED ON TELECOMMUNICATIONS SERVICES FROM FIVE (5%) PERCENT TO SIX (6%) PERCENT WHICH ORIGINATE AND TERMINATE • 3 Minutes of Regular Session • Held Thursday, September 25, 1997 IN THE STATE OF FLORIDA; AMENDING SUBSECTION (a) OF SECTION 26-53, EXEMPTIONS, TO PROVIDE AN ADDITIONAL EXEMPTION FROM PAYMENT OF THE TAX; 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. President Pro Tem Kelley seconded the motion, and all present voted aye. Councilman Valente moved that Bill 900 be enacted as Ordinance 42-97. President Pro Tem Kelley seconded the motion, and all present voted aye. BILL 901 -COUNTRY CLUB ADMINISTRATIVE BOARD -ENABLING ORDINANCE - PLACED ON FIRST READING Councilman Norris moved that Bill 901 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9-20, MEETINGS, SECTION 9-21, DUTIES, AND SECTION 9-22, VILLAGE MANAGER, OF ARTICLE II., ADMINISTRATIVE BOARD, OF CHAPTER 9, COUNTRY CLUB, OFTHE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE C be placed on first reading and read by title alone. President Pro Tem Kelley seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend the ordinance to include the following changes: Page 1, Section 9-20 Meetings: The first sentence was changed to read "The Board shall meet and shall schedule regular meetings twice per month ;Page 2, Section 9-21 {c) Duties: The second sentence regarding the Board serving as consultant to the Country Club Administrator in the hiring of Village employees for the NPB Country Club was deleted; under Section 9-21 Duties (f), evaluation of Club Manager was changed to read as follows: The Board shall review and evaluate the performance of the Country Club Administrator at least once annually during the month of August. The last sentence of the same section was changed as follows: These goals and objectives shall be provided to the Club Administrator in writing annually prior to April 4 Minutes of Regular Session • Held Thursday, September 25, 1997 15th, and be reasonably attainable within the time limits as specified. Councilman Valente seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to delete Section 9-22. Councilman Valente seconded the motion, contingent upon it reverting back to the Personnel Rules & Regulations. The motion passed 3-2, with Vice Mayor O'Meilia, President Pro Tem Kelley and Councilman Valente voting aye, and Councilman Norris and Mayor Vastola voting nay. Thereafter, the original motion passed 5-0. BILL 902 - COUNTRY C_ LUB ADMINISTRATIVE BOARD - DEPARTMENTAL ORGANIZATION -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 902 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-40, DEPARTMENTAL ORGANIZATION, AND SECTION 2-43, POLICY AND PROCEDURES; OF ARTICLE III., ADMINISTRATIVE CODE, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY CHANGING THE TITLE OF COUNTRY CLUB DIRECTOR TO COUNTRY CLUB ADMINISTRATOR AND PROVIDING THAT THE DEPARTMENT HEAD OF THE COUNTRY CLUB SHALL BE IMMEDIATELY RESPONSIBLE TO THE COUNTRY CLUB ADMINISTRATIVE BOARD; 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 first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman Valente moved that Bill 903 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING AND EXTENDING THE DURATION OF ORDINANCE NO. 21-97 OF THE VILLAGE KNOWN AS 5 Minutes of Regular Session • Held Thursday, September 25, 1997 THE "INTERIM ZONING ORDINANCE" WHICH PROVIDED A MORATORIUM ON APPROVAL AND ISSUANCE OF DEVELOPMENT ORDERS FOR PROPERTIES LOCATED WITHIN THE INCORPORATED AREAS OF THE VILLAGE BOUNDED BY LAKE WORTH ON THE EAST, THE INTRACOASTAL WATERWAY ON THE SOUTH AND WEST AND PGA BOULEVARD ON THE NORTH; 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 first reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all present voted aye. President Pro Tem Kelley left the meeting at 8:55 p.m. RESOLUTION 58-97 'ADOPTED - PRELIMINARY CERTIFICATE OF APPROPRIATENESS -PUBLIC SAFETY FACILITY Councilman Norris moved that Resolution 58-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE PRELIMINARY CERTIFICATE OF APPROPRIATENESS FOR THE PUBLIC SAFETY FACILITY ISSUED BY THE VILLAGE PLANNING COMMISSION ON TUESDAY, AUGUST 12, 1997 INCLUDING ALL CONDITIONS AS SET FORTH IN THE OFFICIAL MEETING MINUTES be adopted. Councilman Valente seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend the Resolution by adding another Section to read as follows: The Village Council shall review and approve the final construction drawings prior to application to fhe Planning Commission for the Certificate of Appropriateness. Councilman Valente seconded the motion, and all present voted aye. Thereafter, the original motion passed 3-1, with Councilman Norris, Councilman Valente and Mayor Vastola voting aye, and Vice Mayor O'Meilia voting nay. Vice Mayor O'Meilia stated for the record that he voted against this Resolution because he objects to moving the service road at this time to the west of the sewage lift station. 6 Minutes of Regular Session Held Thursday, September 25, 1997 RESOLUTION 59-97 ADOPTED -APPOINTING MEMBERS TO THE COUNTRY CLUB ADMINISTRATIVE BOARD By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed Mark Finney, Robert Harshman and Paul Lambrakis to the Country Club Administrative Board. Thereafter, the names of the aforementioned appointees were entered into Resolution 59-97. Vice Mayor O'Meilia moved that Resolution 59-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB ADMINISTRATIVE BOARD be adopted. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 60-97 ADOPTED - APPOINTING MEMBER TO THE PLANNING COMMISSION By written ballot, copies of which are attached to the office Minutes of Record, the Village Council appointed Richard Freedman to the Planning Commission. Thereafter, the name of Richard Freedman was entered into Resolution 60-97. Councilman Valente moved that Resolution 60-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE PLANNING COMMISSION • be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RECESS The meeting recessed at 9:50 p.m., and reconvened at 10:00 p.m. RESOLUTION 61-97 ADOPTED - PBA-GENERAL CONTRACT Councilman Norris moved that Resolution 61-97 entitled: 7 Minutes of Regular Session . Held Thursday, September 25, 1997 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR, VILLAGE CLERK AND VILLAGE MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion. During discussion, correction was made to Section 2. of the Agreement to include the Village Manager as a party authorized to enter into the Agreement. This correction was also made to the caption of the Resolution. Thereafter, all in favor voted aye. RESOLUTION 62-97 ADOPTED -APPOINTING MEMBERS TO NORTHLAKE BLVD. TASK FORCE • Councilman Valente moved that Resolution 62-97 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING TWO REGULAR REPRESENTATIVES AND TWO ALTERNATE REPRESENTATIVES TO THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion. During discussion, consensus of Council was to name Vice Mayor O'Meilia and Councilman Norris as the Regular representatives and V. A. Marks and Dennis Kelly as the Alternate members. Thereafter, all present voted aye. PUBLIC SAFETY FACILITY -BUDGET CONSIDERATIONS Vice Mayor O'Meilia moved to approve design development phase of Gee & Jenson contract, including budget considerations, for proposed Public Safiety facility. Councilman Valente seconded the motion. • 8 Minutes of Regular Session • Held Thursday, September 25, 1997 During discussion, it was the consensus of Council to remove the proposed wall from the construction drawings, with Public Services Director Tom Hogarth to be responsible for the wall. The architect will continue to be responsible for the landscaping plan. The area inside the security fence is to be reduced, reducing the proposed four gates to two gates. Thereafter, the motion passed 4-0. CHANGE ORDER APPROVED FOR OSBORNE PARK CONCESSION STAND Councilman Valente moved to approve change order and budget transfer in the amount of $564.25 for a concrete beam for additional reinforcement for the new concession stand at Osborne Park. Councilman Norris seconded the motion, and all present voted aye. CHANGE ORDER APPROVED FOR COMMUNITY CENTER BALL FIELDS Councilman Valente moved to approve change order and accompanying budget transfer in the amount of $9,175.00 from K8033-49920 (Comm. Center Ball Field-Const. Reserve) • to K8033-66200 (Buildings) for the purpose of increasing the diameter and depth of irrigation well for the ball fields at the Community Center. Vice Mayor O'Meilia seconded the motion, and all present voted aye. KIWANIS CLUB DONATION -TABLED Councilman Norris moved to authorize the use ofi the Kiwanis Club donation for the retaining of a landscape planner for the purpose of developing a landscape plan for Lakeside Park. Councilman Valente seconded the motion. Vice Mayor O'Meilia moved to table the motion until the next meeting. Councilman Norris seconded the motion, and all present voted aye. HIRING FREEZE LIFTED ON PUBLIC SAFETY OFFICER POSITION Councilman Valente moved to lift the hiring freeze on a Public Safety Officer position (job code #5711-0134) in the Public Safety Department; 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. u Minutes of Regular Session • Held Thursday, September 25, 1997 ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:40 p.m. athleen F. Kell C, Village Q Jerk • • 10