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07-09-1998 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 9, 1998 Present: David B. Norris, Mayor Charles O'Meilia, Vice Mayor Gail H. Vastola, Councilman Joseph A. Tringali, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: Dr. Edward M. Eissey, President Pro Tem ROLL CALL Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present except President Pro Tem Eissey, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE • Councilman Tringali gave the invocation, and Mayor Norris 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 6/25/98 Minutes of Regular Session held 6/25/98 REPORT OF THE MAYOR On behalfi of the Village Council, Mayor Norris presented plaques to Mark Anderson and Martin Rogol, in appreciation of their years of service on the Zoning Board of Adjustment and Recreation Advisory Board, respectively. CONSENT AGENDA APPROVED Items b. and d. were removed from the Consent Agenda and placed on the Regular Agenda. Minutes of Regular Session • held Thursday, July 9, 1998 Councilman Vastola moved to approve the Consent Agenda as amended. Vice Mayor O'Meilia seconded the motion, and all present voted aye. The following items were approved: Receive and file minutes of the Planning Commission Meeting held 6/2/98 Adopt Resolution 30-98 authorizing the Mayor and Village Clerk to enter into an Agreement with Lewis & Associates to perform audit of Adelphia Cable franchise fees Approve Change Order request #1 by Action Mechanical to furnish and install new electrical service for new chiller at the North Palm Beach Country Club in the amount of $12,172.19, to be deducted from liquidated damages due the Village for contractor's failure to complete job as stated in terms of the contract Lift hiring freeze on Detective Sergeant position Qob code #5711-0108) in Public Safety Department; per needs assessment and position audit . VILLAGE MANAGER'S REPORT As requested by Village Manager Dennis Kelly, awalk-through inspection of the new Public Safiety building will be conducted by the Council on Monday, July 13, 1998 at 6:15 p.m. The Village Council Budget Workshop scheduled for 7 p.m. will be moved to the Council Chambers for that night only. A joint workshop between the Village Council and the Country Club Administrative Board has been scheduled for Monday, July 27, 1998 at 7:00 p.m. in the Council Chambers for the purpose of hearing a presentation by Omni Interiors on clubhouse renovation. In conjunction with Village Attorney George Baldwin, Special Counsel Thomas Baird requested that the Council schedule an Attorney/Client Session regarding its litigation with Crystal's Bar & Grill. The Attorney/Client Session will be held at 6:00 p.m. on Thursday, July 23, 1998 in the Conference Room of the Village Hall, and will be attended by the Village Council, Village Manager Dennis Kelly, Special Counsel Thomas Baird, and Special Counsel Mark Hendricks. BILL 921 -AMENDING SEC. 2-118 OF THE CODE FOR USE OF UNAPPROPRIATED FUND BALANCE -ENACTED AS ORD. 15-98 • Councilman Tringali moved that Bill 921 entitled: 2 Minutes of Regular Session • held Thursday, July 9, 1998 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-118, BUDGET, OF ARTICLE IV, MANAGER, OF CHAPTER TWO OF THE CODE OF ORDINANCES OF THE VILLAGE DELETING THE REQUIREMENT THAT THE VILLAGE MANAGER MUST FURNISH A BALANCED BUDGET WITHOUT THE USE OF UNAPPROPRIATED FUNDS; 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 Vastola seconded the motion. The motion passed 3-1, with Councilman Tringali, Councilman Vastola and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Tringali moved that Bill 921 be enacted as Ordinance 15-98. Councilman Vastola seconded the motion. The motion passed 3-1, with Councilman Tringali, Councilman Vastola and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. BILL 922 -BUDGET AMENDMENT FOR PALM BEACH COUNTY RECREATION GRANT • -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 922 entitled: AN ORDINANCE OFTHE-VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE. NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET FOR THE FISCAL YEAR 1997-98 IN THE AMOUNT OF $25,000 FOR THE GRANT TO BE RECEIVED FROM PALM BEACH COUNTY FOR A JOGGING TRAIL WORKOUT STATION AND MULTI-USE PLAYGROUND EQUIPMENT AT THE NORTH PALM BEACH COMMUNITY CENTER be placed on first reading and read by title alone. Councilman Tringali seconded the motion, and all present voted aye. RESOLUTION 31-98 ADOPTED - AU_THO_ RIZING AGREEMENT WITH FIRST UNION BANK Councilman Tringali moved that Resolution 31-98 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF • NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH FIRST UNION NATIONAL BANK OF FLORIDA ATTACHED AS EXHIBIT "A", WHICH 3 Minutes of Regular Session • held Thursday, July 9, 1998 AGREEMENT PROVIDES FOR TERMINATION OF RIGHT OF USE OF A DRIVEWAY EASEMENT, CONSTRUCTION OF TWO (2) DRIVEWAYS AND FOR OTHER PURPOSES; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 32-98 ADOPTED -AUTHORIZING SECOND AMENDMENT TO VILLAGE MANAGER'S EMPLOYMENT AGREEMENT Councilman Vastola moved that Resolution 32-98 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 A SECOND AMENDMENTTO EMPLOYMENTAGREEMENT WITH DENNIS W. KELLY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF DELETING THE REQUIREMENT THAT THE VILLAGE • MANAGER FURNISH THE VILLAGE COUNCIL WITH A BALANCED BUDGET WITHOUT THE USE OF UNAPPROPRIATED FUNDS; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Tringali seconded the motion. The motion passed 3-1, with Councilman Vastola, Councilman Tringali and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:38 p.m. at leen F. Kelly, ,Village CI k • 4