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11-12-1998 VC REG-MMINUTES OF REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 12, 1998 Present: David B. Norris, Mayor Charles O'Meilia, Vice Mayor Dr. Edward M. Eissey, President Pro Tem Gail H. Vastola, Councilman Joseph A. Tringali, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Norris 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 • Mayor Norris gave the invocation, and Councilman Vastola 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 10/22/98 REPORT OF THE MAYOR Mayor Norris announced that the Village of North Palm Beach had won the Mayor's Cup trophy in the Annual Mayor's Cup Golf Tournament held in Greenacres. Vice Mayor O'Meilia gave a brief status report on the recent Northlake Blvd. Task Force meeting, and stated that application is being made fora $500,000 grant. Councilman Vastola reported on the Eastward Ho! meeting, during which the Five-Year Work Plan and Capital Budget was discussed for the Palm Beach County School District. Mayor Norris introduced Representative Sharon Merchant, who was present to give the Council an update on Legislative issues. In her report, Representative Merchant stated • that no Special Session was planned regarding the vetoed HB 3075 (Police & Fire Minutes of Regular Session held Thursday, November 12, 1998 Pension Plans). Ms. Merchant also told the Council that the plans for high speed rail probably would not go forward because required criteria had not been met. STATEMENTS FROM THE PUBLIC Mort Levin reported to the Council on the meeting of the Beaches & Shores Council. CONSENT AGENDA APPROVED _ __ _ _ _ After removing Items e. and f. from the Consent agenda, Councilman Vastola moved to approve the Consent Agenda. Vice Mayor O'Meilia seconded the motion, and all present voted aye. The following items were approved: Receive Minutes of Zoning Board of Adjustment Meeting held 9/2/98 Receive Minutes of Country Club Administrative Board Meeting held 9/28/98 • Receive Minutes of Code Enforcement Board Meeting held 10/12/98 Receive Minutes of Country Club Administrative Board Meeting held 10/19/98 Adopt resolution authorizing the Mayor and Village Clerk to enter into an equipment lease-purchase agreement with Associates Commercial Corporation fior the leasing of one 1998 Club Car gasoline Carryall II (beverage cart) Approve proposal of Hendrix Enterprises, Inc. in the amount of $8,900 from K8033-49920 (Construction Reserve) to clear and remove exotic trees and vegetation from 2.65 acre parcel east of the new ballfields at the NPB Community Center Approve proposal of Martin Fence Co. in the amount of $9,007 from K8033- 49920 (Construction Reserve) for the purpose of constructing overhangs on the new ball field backstops at the NPB Community Center Lift hiring freeze for Public Safety Director position in the Dept. of Public Safety Qob code #5711-0101); per needs assessment and position audit 2 Minutes of Regular Session • held Thursday, November 12, 1998 Lift hiring freeze for paramedic position in the Dept. of Public Safety (job code #6417-0108) per needs assessment and position audit Lift hiring freeze for paramedic position in the Dept. of Public Safety Qob code #6418-0105) per needs assessment and position audit REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS_ OF ADVISORY BOARDS Vice Mayor O'Meilia moved to receive for file the recommendation of the Country Club Administrative Board to change the job classification of Mrs. Margaret Cook from Account Clerk I to Account Clerk II. President Pro Tem Eissey seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reported that a Public Hearing is required no later than November 28, 1998 regarding a proposed rate increase by Adelphia Cable Company. • The Council scheduled the Public Hearing for 7 p.m. on Wednesday, November 18, 1998 fior this purpose. A Special Session will follow immediately after the Public Hearing to adopt a resolution regarding the proposed rate increase. A Special Workshop will be held following the Special Session to cover any unfinished Workshop items from the meeting of November 12, 1998. Tom Hogarth, Director of Public Services, updated the Council on the progress at Twin City Mall. Also discussed was the proposed Walgreen's, which is planned to replace the Mandarin Restaurant and the paint store property to the south of the Mandarin. Mr. Kelly announced that the Chamber of Commerce will honor retiring Public Safety Director Bruce Sekeres at their breakfast on November 18, 1998 at the Embassy Suites. A reception honoring Chief Sekeres will also be held on December 3, 1998 at the Marriott at 7:00 p.m. BILL 933 -AMENDING DUTIES OF RECREATION ADVISORY BOARD - PLACED_ ON FIRST READING President Pro Tem Eissey moved that Bill 933 entitled: 3 Minutes of Regular Session • held Thursday, November 12, 1998 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (a} OF SECTION 20-66, DUTIES, OR ARTICLE III, RECREATION ADVISORY BOARD, OF CHAPTER 20, PARKS, PLAYGROUNDS AND RECREATION, OF THE CODE OF ORDINANCES OF THE VILLAGE_TO PROVIDE THAT THE BOARD'S ADVISORY DUTIES EXTEND TO AND INCLUDE VILLAGE WATERWAYS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE be placed on fiirst reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 934 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 5-84, REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN, OF DIVISION 4, DOCKS AND PIERS, OF ARTICLE III OF CHAPTER 5, BOATS, DOCKS, AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE, BY ADDING A NEW SUBSECTION (4) TO SECTION 5-84 PROVIDING FOR CONSTRUCTION OF DOCKS AND PIERS ON DEAD END LAGOONS; AMENDING SUBSECTION (10) OF SECTION 5-84 RELATING TO LOCATION OF DOLPHIN AND MOORING POSTS; RENUMBERING EXISTING SUBSECTIONS 4 THROUGH 11, INCLUSIVE, OF SECTION 5- 84, TO SUBSECTIONS 5 THROUGH 12, INCLUSIVE, OF SECTION 5-84; AMENDING THE FIRST SENTENCE OF SECTION 5-86, VARIANCES; 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. President Pro Tem Eissey seconded the motion, and all present voted aye. • 4 Minutes of Regular Session • held Thursday, November 12, 1998 BILL 935 -AMENDING CODE TO ESTABLISH STANDARDS FOR USE OF PALM TREES -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 935 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (b) TREE SPECIES, OF SECTION 27-62 OF ARTICLE III, LANDSCAPING, OF CHAPTER 27, TREES AND SHRUBBERY, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROMULGATE AND SET FORTH STANDARDS FOR USE OF PALM TREES; 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 Vastola seconded the motion. During discussion, the Council agreed to eliminate Item No. 5 on page 2 of the draft • ordinance, thereby allowing the use of Queen Palms. Thereafter, the motion passed 5-0. RESOLUTION 49-98 ADOPTED - AUTHORIZING AGREEMENT WITH TENNIS PROFESSIONAL President Pro Tem Eissey moved that Resolution 49-98 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 AN AGREEMENT WITH FRANK "BUDDY" GOELTZ, ATTACHED AS EXHIBIT "A" FOR THE PURPOSE OF SECURING A TENNIS DIRECTOR AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 2000; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion. • 5 Minutes of Regular Session • held Thursday, November 12, 1998 During discussion, the Resolution language in line 6 of the caption and line 3 of Section 1.changed to read "which agreement is for the purpose of securing a Tennis Director, Changes to the Agreement were as follows: 1. Page 1, Section 1. B. restated as: To be consultant to the VILLAGE concerning the use of the tennis facility and its operation... 2. Page 3, C., Special Events: Delete the phrase "and the event could result in compensation for the tennis director. Followed by: the Village shall retain all revenues from special event. 3. Page 4, Section 3.A. Special Event: line 3 was deleted, with period added after the word "facility". 4. Page 4, Section 3, B. Tournaments was changed to read as follows: All tournaments shall be scheduled and organized by the Tennis Director. The • Tennis Director and the CCAB shall establish fees for tournaments. All tournament profits and losses shall be that of the Tennis Director. 5. Page 6, E.: The word "swimming" was changed to tennis; "pool facility" was changed to "tennis facility". Thereafter, the motion passed 5-0. RESOLUTION 50-98 ADOPTED APPOINTING VILLAGE MANAGER TO SERVE ON SUA BOARD Prior to the reading of the resolution, the Council consensus was to use the Resolution with Option 1, which gives compensation to the Village of North Palm Beach. Vice Mayor O'Meilia moved that Resolution 50-98 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING VILLAGE MANAGER DENNIS W. KELLY, TO SERVE AS THE REPRESENTATIVE OF THE VILLAGE OF NORTH PALM BEACH ON THE BOARD OF SEACOAST UTILITY AUTHORITY; PROVIDING THAT THE COMPENSATION • 6 Minutes of Regular Session • held Thursday, November 12, 1998 DESIGNATED BY THE BOARD FOR SUCH REPRESENTATIVE SHALL BE PAYABLE TO THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Tringali seconded the motion. The motion passed 3-2, with Vice Mayor O'Meilia, Councilman Tringali and Mayor Norris voting aye, and Councilman Vastola and President Pro Tem Eissey voting nay. RESOLUTION 51-98 ADOPTED -AMENDING PURCHASING RULES & REGULATIONS Vice Mayor O'Meilia moved that Resolution 51-98 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADDING A SUBSECTION "F" TO SECTION 2.01 OF SECTION 2, PURCHASING POLICY, OF THE PURCHASING REGULATIONS OF THE VILLAGE TO PROVIDE THAT THE VILLAGE MANAGER SHALL COMPLY WITH RESOLUTION NO. 44- 98 WHEN AUTHORIZING PURCHASES THAT INVOLVE WRITTEN • CONTRACTS; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Eissey seconded the motion. During discussion, it was agreed by consensus to add a sentence under Section 1.f., as follows: "A copy of Resolution 44-98 is attached as Appendix 1". Thereafter, the motion passed 5-0. RESOLUTION 52-98 ADOPTED -AUTHORIZING AGREEMENT WITH POOL MANAGER Vice Mayor O'Meilia moved that Resolution 52-98 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 AN AGREEMENT WITH RICHARD E. CAVANAH, INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A", FOR THE PURPOSE OF SECURING A POOL MANAGER FOR THE SWIMMING POOL AND ITS OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM • ~ Minutes of Regular Session . held Thursday, November 12, 1998 OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 2000; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion. During discussion, the Resolution language was changed in the caption and Section 1. changed to read "which agreement is for the purpose of securing a Pool Manager, Additionally, Section 1. B. was amended to read: "To be consultant to the VILLAGE concerning the use and operation of the pool..." Thereafter, all present voted aye. MUNICIPAL LEAGUE CHARTER CHANGES President Pro Tem Eissey moved to direct the Vice Mayor (voting delegate) to support the Palm Beach County League of Cities in the proposed changes to the Municipal League bylaws. Vice Mayor O'Meilia seconded the motion, and all present voted aye. • EQUIPMENT PURCHASE APPROVED -EMERGENCY SIGNAL President Pro Tem Eissey moved to approve a purchase of equipment and services to install emergency signal on U. S. 1 at the Public Safety facility in the amount of $64,176.91; funds to be expended from K5710-49920 (Construction Reserve). Vice Mayor O'Meilia seconded the motion. During discussion, the Council agreed that the purchase and installation of an emergency signal is an emergency due to the approaching completion of the new building which will require the installation of the signal prior to any emergency vehicles operating from the new site. Vice Mayor O'Meilia moved to declare the purchase as an emergency purchase. Councilman Tringali seconded the motion, and all present voted aye. Thereafter, the motion to approve the purchase, on an emergency basis, passed 5-0. EQUIPMENT PURCHASE APPROVED -DIESEL FUEL TANK Vice Mayor O'Meilia moved to approve the purchase of equipment and services to install above ground diesel fuel tank at the Public Safety facility; funds in the amount of $5,774 8 Minutes of Regular Session • held Thursday, November 12, 1998 to be expended from K5710-49920 (Construction Reserve). President Pro Tem Eissey seconded the motion, and all present vote aye. BUDGET TRANSFER - F.I.N.D. GRANT Councilman Tringali moved to approve budget transfer in the amount of $5,207 for the purchase of patrol boat; funds to be expended firom A5540-49911 (Council Contingency) to various Public Safety accounts. Councilman Vastola seconded the motion, and all present voted aye. ARCHITECT'S PRESENTATION - NPBCC REMODELING Councilman Vastola moved to accept schematic and design development phase for Country Club remodeling and authorize construction documents phase to be completed and submitted to Council no later than 12/10/98. Vice Mayor O'Meilia seconded the motion. Architect Stephen Boruff, AIA was present to review a proposed floor plan. After lengthy discussion, Council consensus was to keep the women's shower, but the proposal for the snack bar at the pool with a cost of $67,000 was rejected. Further direction to Mr. Boruff was to consider placing the bar in the center of the room, as was recommended by the Country Club Administrative Board. Mr. Boruff also was also directed to consider replacing the front wall, and to look at the kitchen for possible remodeling. Vice Mayor O'Meilia moved to table this item until the Special Meeting of 11/18/98. President Pro Tem Eissey seconded the motion. The motion passed 4-1, with Vice Mayor O'Meilia, President Pro Tem Eissey, Councilman Tringali and Mayor Norris voting aye, and Councilman Vastola voting nay. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:56 p.m. ~Ka hleen F. Kelly, CMC, Village Clerk' • 9