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12-11-2003 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCII, OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 11, 2003 Present: David B. Norris, Mayor Charles R. O'Meilia, Vice Mayor Joseph A. Tringali, President Pro Tem Don Noel, Councilman Dennis D. Redmond, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk Absent: Dr. Edward M. Eissey, Councilman ROLL CALL Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present except Councilman Eissey, who was out of town. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE President Pro Tem 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 Regular Session held 11/13/03 REPORT OF THE MAYOR Councilman Noel announced that he will seek re-election to the Village Council in March 2004. STATEMENTS FROM THE PUBLIC Ted Green of Dogwood Road, reported that he had met with Chief Johnson concerning the increased traffic and speeding in the neighborhood, and had requested stop signs at Firetree and Eucalyptus, at • Dogwood. Chief Johnson was directed to review the situation with his Department and place it on a future agenda. Minutes of Regular Session Held Thursday, December 11, 2003 • Captain Bud Smith addressed the Council regarding boats moored in the north end of Lake Worth Lagoon, some of which are in North Palm Beach's jurisdiction. Captain Smith brought photographs which he said showed raw sewage from these boats dumping directly into Lake Worth. He further stated that there are many different agencies involved but no one does anything about it. The Council told Mr. Smith they would look into it. Chief Johnson told the Council that the Coast Guard has come in on some of these with our Public Safety Department regarding this issue. He will get an answer tomorrow regarding whether any citations have been issued. CONSENT AGENDA APPROVED Item 7.i. of the Consent Agenda was removed and placed under 14.b. Thereafter, Councilman Noel 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: Received for file the Minutes of the Planning Commission meeting held 10/7/03 Received for file the Minutes of the Code Enforcement Board meeting held 11/3/03 Received for file the Minutes of the Country Club Advisory Board meeting held 11/3/03 Received for file the Minutes of the Recreation Advisory Board meeting held 11/12/03 Received for file the recommendation of the Country Club Advisory Board meeting (Minutes of 11/3/03) that the Village Council "approve the extension of the patio/smoking area at a cost of up to $1,500, and any overage to be paid for by Ed D'Ambra. The Country Club funds from L8053-34932, Public Events, to be used to finance the project." Adopted Resolution 66-2003, accepting the bank loan proposal from Wachovia Bank for a loan of $230,000 with afive-year term for the purchase of extrication equipment, an EMS vehicle, ambulance, and re-roofing of the vehicle maintenance building Adopted Resolution 67-2003 accepting the bid of Team Equipment, Inc., of New Port Richey, Florida, for hydraulic extrication equipment in the amount of $41,790.53 Adopted Resolution 68-2003 establishing a policy and format for the annual performance evaluations of the pool contractor, tennis contractor and restaurant contractor at the North Palm Beach Country Club Approved change in salary for the Village Clerk effective 10/1/02 with estimated costs of $15,600 for FY 2002-2003 and $16,700 for 2003-2004 • Approved sole source purchase of Survivair SCBA equipment in the amount of $10,099; funds to be expended from A5812-66490 (Machinery & Equipment) 2 Minutes of Regular Session Held Thursday, December 11, 2003 • REPORTS OF SPECIAL COMMITTEES Vice Mayor O'Meilia gave a status report on the Northlake Blvd. Task Force, the Tri-Rail presentation to the North County Intergovernmental Committee at Juno Beach, and the School Board presentation on the upcoming bond issue. VILLAGE MANAGER REPORT Village Manager Dennis Redmond reviewed the Action Log with the Council. Mr. Redmond also reported that the North Palm Beach Yacht Club has requested an extension of the time allowed them to move out of the garage building at Anchorage Park. Representatives of the Yacht Club report that they are unable to find another storage facility. After discussion, Vice Mayor O'Meilia moved to allow an additional thirty days for the Yacht Club to find storage space and move the equipment from the garage at Anchorage Park. Councilman Noel seconded the motion, and all present voted aye. It was noted that the policy regarding evaluations for the vendors at the Country Club is to be included in the Council's policy book. Further, staff was reminded that the Personnel Rules and Regulations need to be amended concerning certifications. ORD. 32-2003 ENACTED -ADOPTING AMENDMENT 02.1.1. TO THE COMPREHENSIVE PLAN Councilman Noel moved that Bill 1111 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02-1.1 TO THE ADOPTED COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; AMENDING FIGURE 3- 18 (FUTURE ANNEXATION AREAS) OF THE FUTURE LAND USE MAP SERIES; 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 second reading and read by title alone. Vice Mayor O'Meilia seconded the motion. During discussion, Village Attorney George Baldwin reviewed new language in Section 4 • regarding the effective date. 3 Minutes of Regular Session Held Thursday, December 11, 2003 • Charles Wu, Growth Management Administrator of Palm Beach Gardens, asked that the Village Council not adopt the amendment, but continue discussions with the City of Palm Beach Gardens to resolve annexation conflicts. James Fleischmann of Land Research Management, the Village's Consultant, recommended adoption of the amendment. The Village Council stated its position to proceed with adoption of the amendment at this time, but to continue with discussions with Palm Beach Gardens to resolve the annexation conflicts. Thereafter the motion passed 4-0. Vice Mayor O'Meilia moved that Bill 1111 be enacted as Ordinance 32-2003. President Pro Tem Tringali seconded the motion, and all present voted aye. ORD. 33-2003 ENACTED -AMENDING COMPREHENSIVE PLAN -TEXT CHANGES Councilman Noel moved that Bill 1112 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02-1.2 TO THE ADOPTED COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING TEXT CHANGES TO SPECIAL POLICIES 5.8 AND 5.11 OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN 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 Be placed on second 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 1112 be enacted as Ordinance 33-2003. Councilman Noel seconded the motion, and all present voted aye. ORD. 34-2003 ENACTED - AMENDING COMPREHENSIVE PLAN -PROSPERITY FARMS RD. GRACES DESIGNATION Vice Mayor O'Meilia moved that Bill 1113 entitled • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02.-13 TO THE ADOPTED 4 Minutes of Regular Session Held Thursday, December 11, 2003 • COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET DEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; ADDING A POLICY DESIGNATING PROSPERITY FARMS ROAD FROM NORTHLAKE BOULEVARD TO BURNS ROAD WITHIN THE VILLAGE OF NORTH PALM BEACH AS A CONSTRAINED ROAD AT A LOWER LEVEL OF SERVICE (GRACES) FACILITY; 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 second reading and read by title alone. Councilman Noel seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 1113 be enacted as Ordinance 34-2003. President Pro Tem Tringali seconded the motion, and all present voted aye. ORD.35-2003 ENACTED -GENERAL EMPLOYEES PENSION PLAN -CHANGE OF BENEFIT Councilman Noel moved that Bill 1123 entitled: AN ORDINANCE OF THE VILLAGE COUNCII., OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (a), RETIREMENT DATE, OF SECTION 2-148, BENEFIT AMOUNTS AND ELIGIBILITY, AND SUBSECTION (b), RETIREMENT DATE, OF SECTION 2-158, OPTIONAL BENEFIT PLAN, OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V, PENSIONS AND RETIREMENT SYSTEMS, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE THAT AN ACTIVE, VESTED AND ELIGIBLE-TO-RETIRE EMPLOYEE OR THE EMPLOYEE'S BENEFICIARY SHALL HAVE THE OPTION, SHOULD THE EMPLOYEE DIE WHILE ACTIVELY EMPLOYED WITH THE VILLAGE, TO BE CONSIDERED RETIIZED ON THE DAY BEFORE DEATH; AMENDING SUBSECTION (c), RETIREMENT BENEFIT, OF SECTION 2-158, OPTIONAL BENEFIT PLAN, TO MAKE PROVISIONS FOR MEMBER'S ANNUAL PENSION BENEFIT TO EQUAL TWO AND ONE-HALF (2-1/2) PERCENT OF FINAL AVERAGE EARNINGS MULTIPLIED BY THE MEMBER'S CREDITED SERVICE FOR THE FIRST TWENTY (20) YEARS OF CREDITED SERVICE AND TO PROVIDE THAT EMPLOYEES HIRED AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL CONTRIBUTE SIX (6) PERCENT OF THEIR SALARY FOR THE PENSION BENEFIT; 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 second reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all present voted aye. 5 Minutes of Regular Session Held Thursday, December 11, 2003 • Vice Mayor O'Meilia moved that Bill 1123 be enacted as Ordinance 35-2003. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION 69-2003 ADOPTED - ESTABLISHING A CELL PHONE POLICY FOR VILLAGE EMPLOYEES President Pro Tem Tringali moved that Resolution 69-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A POLICY FOR THE ACQUISITION AND USE OF CELLULAR TELEPHONES WITHIN THE VILLAGE, WHICH POLICY IS SET FORTH IN EXHIBIT "A" ATTACHED AND MADE PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend the policy by adding language to Section C.2 which would prohibit private business calls on Village cell phones. President Pro Tem Tringali seconded the motion. Additionally, discussion took place regarding changing the wording in D.2 by deleting the words "personal and business" to say "reimburse the Village for all calls" over $60.00. It was clarified by Village Manager Dennis Redmond that those employees issued cell phones under the current budget will continue to use them, but the list of users will be approved each year during budget sessions. The Department Head, in conjunction with the Village Manager, will approve which carriers and which plans will be purchased. Finance Director Shaukat Khan was directed to verify that the Village is not paying taxes on cell phone bills which the Village is exempt from paying. Further, Village Manager Dennis Redmond was asked to look into the current list of users for cell phones.. Vice Mayor O'Meilia moved to make the deletion in D.2, as discussed. President Pro Tem Tringali seconded the motion, which passed 4-0. Thereafter, the original motion, as amended, passed 4-0. Village Manager Dennis Redmond was directed to send the new cell phone policy to the State Auditor and ask for his comments. Also, a copy of the new policy is to be sent to all the cell phone users. RESOLUTION 70-2003 ADOPTED - PBA AGREEMENT Vice Mayor O'Meilia moved that Resolution 70-2003 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 BETWEEN THE VILLAGE AND PALM BEACH COUNTY POLICE • BENEVOLENT ASSOCIATION -GENERAL ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE 6 Minutes of Regular Session Held Thursday, December 11, 2003 • Be adopted. Councilman Noel seconded the motion, and all present voted aye. JOB DESCRIPTIONS APPROVED -LIEUTENANTS AND EMS MANAGER Councilman Noel moved to take the job descriptions from the table. Vice Mayor O'Meilia seconded the motion, and all present voted aye. Councilman Noel moved to approve the job descriptions for Lieutenants and EMS Manager in the Department of Public Safety. President Pro Tem Tringali seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend by directing that tri-certification be required for each position. President Pro Tem Tringali seconded the motion, and all present voted aye. As discussion continued, President Pro Tem Tringali moved that the requirement of lifting 200 pounds be changed to 150 pounds. Councilman Noel seconded the motion. The motion passed 3-1, with President Pro Tem Tringali, Councilman Noel and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Thereafter, the original motion, as amended, passed 4-0. SALARY ADJUSTMENT FOR LT. COORDINATOR APPROVED President Pro Tem Tringali moved to approve new salary level for I. T. Coordinator in the Public Safety Department by increasing the salary to $49,243, effective 12/11/03. The motion passed 3-1, with President Pro Tem Tringali, Councilman Noel 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 9:26 p.m. C thleen F. Kelly, CMC, Village C k • 7