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11-13-2003 VC REG-MMINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 13, 2003 Present: David B. Norris, Mayor Charles R. O'Meilia, Vice Mayor Dr. Edward M. Eissey, Councilman Don Noel, Councilman Doug Smith, Acting Village Manager George W. Baldwin, Village Attorney Kathleen E Kelly, CMC, Village Clerk Absent: Joseph A. Tringali, 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 Tringali, who was out of town, and Councilman Eissey, who was expected momentarily. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation, and Councilman Noel 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 10/23/03 Minutes of Special Session held 10/29/03 REPORT OF THE MAYOR Mayor Norris introduced and welcomed Mr. Dennis Redmond, the new Village Manager, who was in the audience. Mr. Redmond will begin his duties on November 15, 2003. Mayor Norris proclaimed the month of November as Retinoblastoma Month in the Village of North • Palm Beach. Pam Bergsma was present to receive the proclamation. Minutes of Regular Session Held Thursday, November 13, 2003 • STATEMENTS FROM THE PUBLIC David Hunter, 920 Dogwood Road, reported an incident on his street last week during which shots were fired. Mr. Hunter reported that he has found 9 mm casings in front of his house. He further stated that there is a known problem on his street and he and his neighbors would like to see a police presence in the neighborhood. Additionally, he would like to see 3-way stop signs at Dogwood and Eucalyptus and Dogwood and Firetree to help with the traffic flow. Chief Johnson stated that the incident which occurred is still being investigated, and that unmarked units are conducting extra patrols in the area. Mr. Hunter stated that when he called Dispatch to report the incident, he was told that the Public Safety Department did not have enough manpower to patrol the area. The Council directed Chief Johnson to find out which dispatcher gave that inappropriate information and to report back at the next meeting. Chief Johnson suggested that he meet with Mr. Hunter and his neighbor, Mr. Ted Green, who also had the same complaint, and that a neighborhood meeting be arranged to discuss their problems. Eddie D'Ambra, 756 Waterway Drive, and Ray Brady, 540 Captains Road, reported to the Council that their Toys for Tots drive brought in $148,000. That amount does not include the toys. The final count will be completed in a couple of weeks. CONSENT AGENDA APPROVED Items e., f. and g. were removed from the Consent Agenda, and placed under 13.d., 13.e., and 14 d., respectively. Thereafter, Vice Mayor O'Meilia moved to accept the Consent Agenda, as amended. Councilman Eissey seconded the motion, which passed 4-0. The following items were approved: Received for file the Minutes of the Code Enforcement Board meeting held 10/6/03 Receive for file the Minutes of the Country Club Advisory Board meeting held 10/6/03 Received for file the Minutes of the Library Advisory Board meeting held 10/28/03 Received for file the recommendation of the Library Advisory Board (Minutes of 10/28/03) that "the Council have the library placed on the schedule for intermittent patrolling by the police department" Adopted Resolution 60-2003 authorizing the Mayor and Village Clerk to enter into a concession agreement with East Coast Golf Ball Company for golf ball retrieval services from all water ponds within the North Palm Beach Country Club; East Coast to pay the Village $2,400 payable in four quarterly payments of $600.00 each REPORTS OF SPECIAL COMMITTEES Vice Mayor O'Meilia reported that the League of Cities annual Legislative Round Table would • be held on November 26, 2003 at 10:30 a.m. at the Tequesta Country Club. Council members were asked to advise the Clerk of acceptance or regrets. 2 Minutes of Regular Session Held Thursday, November 13, 2003 • VILLAGE MANAGER REPORT Acting Village Manager Doug Smith reported that the revised Agreement between the Village and the Palm Beach County Board of County Commissioners for the Prosperity Farms Road project has been sent to the County for review. Mr. Smith reported on mitigation options for the mast arm located in the right-of--way at south Anchorage and U. S. 1, which include resurfacing all of Village Hall parking lot or the sidewalk north of the bridge which has been discussed recently for a special assessment. Public Services Director Kristine Frazell was asked to find out if the Village had any easements at U. S. 1 and Lighthouse Drive. Mr. Smith received consensus from the Village Council to advertise Request for Proposals for Village Engineer, as well as going out to bid for a certified land surveyor. Due to the termination of agreement with PBS&J, during the transition period the Village will continue using the services of Collum Engineering, who has been asub-consultant under PBS&J. An interim engineering firm then will be selected from companies who were previously on the short-list with PBS&J. This will come back to the Council at the next Regular Session on December 11, 2003. Brief discussion was held concerning the mailing of the Newsletter. Mr. Smith advised the Council that the Newsletter is normally mailed out the end of each month. To avoid possible delays at the Post OII-ice, it was suggested that the Newsletter will be mailed out a week to 10 days before the end of the month. It was reported that there has been a change in rules at the main post office on Summit Boulevard that is causing delays, and staff was advised to check into this matter. BILL 1121 -BUDGET APPROPRIATION FOR OSBORNE PARK RECREATION BLDG. - ENACTED AS ORD. 30-2003 Vice Mayor O'Meilia moved that Bill 1121 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2003- 2004 TO APPROPRIATE FUNDS IN THE AMOUNT OF $11,500 FOR OSBORNE PARK RECREATION BUILDING DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS INCLUDING ARCHITECTURAL PLANS AND CIVIL SITE PLANS AND CONSTRUCTION SITE SUPERVISION Be placed on second reading and read by title alone. Councilman Eissey seconded the motion. The motion passed 3-1, with Vice Mayor O'Meilia, Councilman Eissey and Mayor Norris voting aye, and Councilman Noel voting nay. • During discussion, the account number was corrected to read A8028-66210 rather than A8023- 66210. 3 Minutes of Regular Session Held Thursday, November 13, 2003 • Vice Mayor O'Meilia moved to enact Bill 1121 as Ordinance 30-2003. Mayor Norris passed the gavel to Vice Mayor O'Meilia and seconded the motion. The motion passed 3-1, with Vice Mayor O'Meilia, Mayor Norris and Councilman Eissey voting aye, and Councilman Noel voting nay. Thereafter, Vice Mayor O'Meilia returned the gavel to the Mayor Norris. BILL 1122 -BUDGET APPROPRIATION FOR MOVING EXPENSES -ENACTED AS ORD. 31-2003 Vice Mayor O'Meilia moved that bill l 122 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2003- 2004 TO APPROPRIATE FUNDS IN THE AMOUNT OF $12,000 FOR VILLAGE MANAGER MOVING EXPENSES Be placed on second reading and read by title alone. Councilman Noel seconded the motion. During discussion, correction was made to the moving expenses account by changing the number to A4902-34821. Dennis Redmond, the incoming Village Manager, addressed the Village Council regarding his moving expenses. Mr. Redmond reported that his moving expenses had been overestimated, and in fact amounted to $7,000 instead of $12,000, and requested that the ordinance be amended to reflect that. Vice Mayor O'Meilia moved to amend the ordinance accordingly. Councilman Eissey seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 4-0. Councilman Eissey moved that Bill 1122 be enacted as Ordinance 31-2003. Vice Mayor O'Meilia seconded the motion, and all present voted aye. BILL 1123 -GENERAL EMPLOYEES PENSION PLAN -CHANGE OF BENEFIT -PLACED ON FIRST READING Councilman Eissey moved that Bill 1123 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL 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 4 Minutes of Regular Session Held Thursday, November 13, 2003 • THE VILLAGE, TO PROVIDE THAT AN ACTIVE, VESTED AND ELIGIBLE-TO-RETIl2E EMPLOYEE OR THE EMPLOYEE'S BENEFICIARY SHALL HAVE THE OPTION, SHOULD THE EMPLOYEE DIE WHILE ACTIVELY EMPLOYED WITH THE VILLAGE, TO BE CONSIDERED RETIRED 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 first reading and read by title alone. Vice Mayor O'Meilia seconded the motion. During discussion, Village Attorney George Baldwin corrected the caption by changing the wording which stated "section 2-158.1, Optional Benefit Plan No. 2" to read "Section 2-158, Optional Benefit Plan". Further, correction was made on Page 3, last sentence in (c) (1) which read "shall remain at two and one-half (2 1/2) percent" to read "shall remain at two and one- quarter (2 1/4) percent" of final average earnings. Mr. Baldwin was asked to clarify the language in the third paragraph on page 2 prior to the second reading. Thereafter, the motion passed 4-0. RESOLUTION 61-2003 ADOPTED -LABOR ATTORNEY CONTRACT Vice Mayor O'Meilia moved that Resolution 61-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCII., OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VII.,LAGE CLERK TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH JAMES A. CHEROF, ESQ., WHICH AGREEMENT PROVIDES LABOR RELATIONS SERVICES TO THE VIi,LAGE AND IS ATTACHED AS EXI-IIBIT "A" AND MADE PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Eissey seconded the motion, and all present voted aye. RESOLUTION 62-2003 ADOPTED - OSBORNE PARK ARCHITECTURAL SERVICES - AGREEMENT Vice Mayor O'Meilia moved that Resolution 62-2003 entitled: • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO 5 Minutes of Regular Session Held Thursday, November 13, 2003 • A LETTER AGREEMENT WITH D. WILLIAM BEEBE, ARCHITECT, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF THE VILLAGE SECURING ARCHITECTURAL SERVICES, INCLUSIVE OF PREPARATION OF DESIGN PLANS, CONSTRUCTION DOCUMENTS AND CONSTRUCTION SITE SUPERVISION, FOR THE MODIFICATIONS AND ADDITIONS TO THE OSBORNE PARK RECREATION BUILDING LOCATED WITHIN THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Mayor Norris seconded the motion. The motion passed 3-1, with Vice Mayor O'Meilia, Mayor Norris and Councilman Eissey voting aye, and Councilman Noel voting nay. RESOLUTION 63-2003 ADOPTED -INTERNATIONAL ASSOCIATION OF PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY (IAFF) -CONTRACT Councilman Noel moved that Resolution 63-2003 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 THE INTERNATIONAL ASSOCIATION OF PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye. RESOLUTION 64-2003 ADOPTED -ACCEPTING BID OF GENERATION GREEN - LANDSCAPING SERVICES AT COUNTRY CLUB Councilman Noel moved that Resolution 64-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF GENERATION GREEN, INC, PALM BEACH GARDENS, FLORIDA, IN THE AMOUNT OF $20,388 FOR WEEKLY LANDSCAPING MAINTENANCE FOR LANDSCAPING ALONG U.S. HIGHWAY 1 AT THE NORTH PALM BEACH COUNTRY CLUB AND AROUND THE CLUBHOUSE, FUNDS TO BE EXPENDED FROM L8059-33491 (CONTRACTUAL SERVICES) Be adopted. Councilman Eissey seconded the motion. The motion passed 3-1, with Councilman Noel, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. RESOLUTION 65-2003 ADOPTED -CONTRACTOR AGREEMENT FOR PRINTING SERVICES • Vice Mayor O'Meilia moved that Resolution 65-2003 entitled: 6 Minutes of Regular Session Held Thursday, November 13, 2003 • 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 INDEPENDENT CONTRACTOR AGREEMENT WITH WILLIAM H. BELL ATTACHED AS EXI~IBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING SERVICES FOR THE LAYOUT, PRINTING AND BINDING OF THE VILLAGE NEWSLETTER AND OTHER PRINTING ORDERS; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. PERFORMANCE PAY DISTRIBUTION APPROVED Councilman Eissey moved to approve Option 2 for the Performance Pay distribution for Village employees, which is as follows: 0% - 5% pay increase starting with 2.0% for Successful Level 1, 3.0% for Successful Level II, 4.0% for Exceptional Level I, and 5.0% for Exceptional Level II. Councilman Noel seconded the motion, and all present voted aye. HOLIDAY SCHEDULE -COUNCIL MEETINGS Vice Mayor O'Meilia moved to suspend Council meetings of November 27, 2003 and December 25, 2003 in observance of the Thanksgiving and Christmas holidays. Councilman Noel seconded the motion, and all present voted aye. CHANGE ORDER NO. 2 APPROVED -SUBAQUEOUS SERVICES, INC. Councilman Noel moved to approve Change Order No. 2 to the Phase 2 Maintenance Dredging Project to reimburse Subaqueous Services $3.00 per cubic yard to load, haul and dispose of the spoil at the County Landfill. Vice Mayor O'Meilia seconded the motion, and all present voted aye. LIEUTENANTS AND EMS MANAGER -JOB DESCRIPTIONS -TABLED Councilman Noel moved to approve job descriptions for Lieutenants and EMS Manager in the Department of Public Safety. Councilman Eissey seconded the motion. During discussion, Councilman Eissey moved to table this issue until the new Village Manager is on board. Vice Mayor b'Meilia seconded the motion. The motion failed 2-2, with Councilman Eissey and Vice Mayor O'Meilia voting aye, and Councilman Noel and Mayor Norris voting nay. Discussion continued regarding the change in title from Lieutenant to EMS Manager, which is not noted in the budget, and whether retroactive pay was awarded based on the old title or the • new title, which is a different pay range. Further, both positions are classified as exempt, yet the union contract permits overtime. Acting Village Manager Doug Smith informed the Council that once the job descriptions are approved, neither will qualify for overtime pay. It was noted that 7 Minutes of Regular Session Held Thursday, November 13, 2003 • the Lieutenant's position in the Classification Summary is described as playing a significant role in the administration of the police collective bargaining agreement, but the EMS Manager position does not include that description. Mr. Smith advised that it could be added in, since the EMS Manager is responsible for several different bargaining units. Councilman Noel moved to table until the next Regular Session. Councilman Eissey seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:43 p.m. O (~ii~ athleen F. Kelly, CMC, Village Clerk C J