10-09-2003 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 9, 2003
Present: Charles R. O'Meilia, Vice Mayor
Joseph A. Tringali, President Pro Tem
Dr. Edward M. Eissey, Councilman
Don Noel, Councilman
Doug Smith, Acting Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
Absent: David B. Norris, Mayor
ROLL CALL
Vice Mayor Charles O'Meilia called the meeting to order at 7:30 p.m. All members of Council were
present except Mayor Norris, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Noel gave the invocation, and President Pro Tem Tringali led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Special Session held 9/17/03
Minutes of Public Hearing on the Budget held 9/25/03
Minutes of Regular Session held 9/25/03
REPORT OF THE MAYOR
Vice Mayor O'Meilia proclaimed the week of October 19, 2003 City Government Week in the Village
of North Palm Beach.
On behalf of the Council, Vice Mayor O'Meilia presented Walter Clark, Department of Public Services,
• with a plaque and check in appreciation of his thirty years of service to the Village.
Minutes of Regular Session
Held Thursday, October 9, 2003
• Vice Mayor O'Meilia also proclaimed October 10, 2003 as "Put the Brakes on Fatalities Day" in the
Village of North Palm Beach.
CONSENT AGENDA APPROVED
Councilman Noel moved to approve the Consent Agenda. Councilman Eissey seconded the
motion, and all present voted aye. The following items were approved:
Received for file the Minutes of the Zoning Board of Adjustment meeting held 4/9/03
Received for file the Minutes of the Northlake Blvd. Task Force meeting held 6/25/03
Received for file the Minutes of the Northlake Blvd. Task Force Meeting held 8/13/03
Received for file the Minutes of the Equity Study Commission meeting held 9/4/03
Received for file the Minutes of the Code Enforcement Board meeting held 9/8/03
Received for file the Minutes of the Equity Study Commission meeting held 9/11/03
Received for file the Minutes of the General Employees Pension Board meeting held 9/18/03
Received for file the recommendation of the General Employees Pension Board (Minutes of
9/18/03) "benefit changes to the death benefit and the increase of the multiplier from 2.25% to
2.50%, with a voluntary increase in contribution of 2%".
Received for file the recommendation of the Equity Study Commission (Minutes of 9/11/03) that
Council "appoint a Board to re-evaluate all fees and classification procedures, as shown on
Exhibit "A" as compared to the North American Industry Classification System (NAILS)
[formerly Standard Industrial Classification (SIC) or other equivalent system]"
VILLAGE MANAGER REPORT
The north substation committee met and identified several sites which will be investigated for
availability, as well as an alternative at the Monastery location.
It was reported that the majority of the mast arms installed by the Department of Transportation
are outside the right-of--way, and the Department of Transportation is asking if the Village will
allow the South Anchorage mast arm to remain on Village property. Additionally, some of the
mast arms have been placed in front of the ship's wheels. This issue will be placed on a future
agenda for Council consideration.
Village Manager Doug Smith asked for Council approval to transfer funds for diesel fuel. In the
• interest of time, Mr. Smith told the Council that he would be making two separate transfers to
2
Minutes of Regular Session
Held Thursday, October 9, 2003
• cover the overdue invoices. By consensus, the Council told Mr. Smith to proceed, but asked that
the paperwork be furnished to them.
Mr. Smith reported to the Council that there is one more certification pay adjustment for $1,000
to be made in the Public Safety Department. By consensus, the Council approved that it be
added to the list and handled in the same manner as the others.
BILL 1118 -CODE AMENDMENT FOR PIERS -ENACTED AS ORD. 27-2003
Councilman Noel moved that Bill 1118 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTIONS (6), (8) AND (10) OF 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 VII,LAGE BY CHANGING THE SIZE AND LOCATION OF PIERS AND LOCATION
OF DOLPHIN POLES, MOORING BUOYS AND FLOATING ANCHORS IN DESIGNATED
AREAS WITHIN THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 5-72,
PERMIT FEE, OF DIVISION 3, BULKHEADS AND SEA WALLS, OF ARTICLE III OF
CHAPTER 5, WHICH SECTION HAD PROVIDED PERMIT FEES FOR CONSTRUCTION OF
BULKHEADS AND SEA WALLS; 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. President Pro Tem Tringali seconded the
motion, and all present voted aye.
Councilman Noel moved that Bill 1118 be enacted as Ordinance 27-2003.. President Pro Tem
Tringali seconded the motion, and all present voted aye.
BILL 1 119 -UTILITY TAX -ENACTED AS ORD. 28-2003
Councilman Noel moved that Bill 1119 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 26-29, LEVIED; RATE, AND SECTION 26-30,
COLLECTION, OF ARTICLE III, UTILITY TAX, OF CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE VILLAGE TO PROVIDE FOR THE LEVY AND COLLECTION OF
A TEN (10) PERCENT UTILITY TAX ON WATER SERVICE WITHIN THE CORPORATE
LIMITS OF THE VILLAGE; AMENDING SECTION 26-31, EXEMPTIONS, TO PROVIDE
ADDITIONAL EXEMPTIONS FROM PAYMENT OF THE UTILITY TAX; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
• PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
3
Minutes of Regular Session
Held Thursday, October 9, 2003
• Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the
motion, and all present voted aye.
President Pro Tem Tringali moved that Bill 1 119 be enacted as Ordinance 28-2003. Councilman
Noel seconded the motion. The motion passed 3-1, with President Pro Tem Tringali,
Councilman Noel and Vice Mayor O'Meilia voting aye, and Councilman Eissey voting nay.
BILL 1120 -OCCUPATIONAL LICENSING -PLACED ON FIRST READING
Councilman Noel moved that Bill 1120 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 17-33, LICENSE TAX SCHEDULE, OF
ARTICLE II, OCCUPATIONAL LICENSES, OF CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE VILLAGE, WHICH AMENDMENT INCREASES LICENSE TAXES
WITHIN THE VILLAGE AND IS ATTACHED AS EXHIBIT "A"; 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 Eissey seconded the motion, and
all present voted aye.
RESOLUTION 55-2003 ADOPTED -APPOINTING MEMBERS TO THE ART COMMITTEE
Councilman Eissey moved that Resolution 55-2003 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING SEVEN (7) RESIDENTS OF THE COMMITTEE TO
ESTABLISH AND OVERSEE A PROGRAM WHEREBY LOCAL ARTISTS DISPLAY THEIR
ARTWORK ON VILLAGE PROPERTIES; AND PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion.
During discussion, the Council directed that staff notify the Committee that the program should
include children's artwork.
Thereafrer, the motion passed 4-0.
RESOLUTION 56-2003 ADOPTED - AMENDING PERSONNEL RULES AND
REGULATIONS
• President Pro Tem Tringali moved that Resolution 56-2003 entitled:
4
Minutes of Regular Session
Held Thursday, October 9, 2003
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM, FLORIDA, AMENDING SECTION 8, OVERTIME, OF THE PERSONNEL
RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS SET
FORTH IN EXI-IIBIT "A" AND RELATES TO OVERTIME AND COMPENSATORY
TIME FOR HOURLY EMPLOYEES OF THE VILLAGE; AND, PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 57-2003 ADOPTED - APPROVING VILLAGE MANAGER
EMPLOYMENT AGREEMENT
President Pro Tem Tringali moved that Resolution 57-2003 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 EMPLOYMENT AGREEMENT WITH
DENNIS REDMOND ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
APPOINTS DENNIS REDMOND AS VILLAGE MANAGER FOR AN INDEFINITE
TERM; AND, PROVIDING FOR AN EFFECTIVE DATE.
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
FTRE/RESCUE LEVEL OF SERVICE
Councilman Noel moved to support the process and procedure to resolve the proposed
fire/rescue level of service and the proposed fire/rescue central dispatch system set forth in
the League of Cities letter to the Board of County Commissioners; and asking that the
proposals be referred to the Intergovernmental Coordinating Committee (IPARC) for
recommended action. President Pro Tem Tringali seconded the motion.
During discussion, it was announced that the County Commissioners are having a meeting
on October 28, 2003 to address this, and all residents were urged to attend the meeting in
support of the Village's position. It was also suggested that residents write a letter to
Commissioner Karen Marcus as well as other commissioners, and let her know of their
opposition to the County's plan to put fire/rescue level of service to referendum, and
further, to state opposition to plans for a central dispatch system within the county.
Thereafrer, the motion. passed 4-0.
BANK LOAN PROPOSALS -REJECTED
• Councilman Eissey moved to reject all proposals for a bank loan to finance the purchase of
the monastery property. President Pro Tem Tringali seconded the motion, and all present
voted aye.
5
Minutes of Regular Session
Held Thursday, October 9, 2003
RIVIERA BEACH DONATION
Councilman Eissey moved to take $1,000 from the Council Contingency account for a
donation to Riviera Beach for the purpose of giving aid to anyone who was adversely
affected by the recent tornado that touched down in Riviera Beach. The motion died for
lack of a second.
Staff was directed to check around and see if a relief fund has been established for tornado
victims, and if so, to publicize it in the Newsletter so that anyone who wishes to contribute
may do so.
SMOKING AREA -NORTH PALM BEACH COUNTRY CLUB
Councilman Eissey suggested that a smoking area be designated outside for patrons at the
Country Club restaurant who want to smoke.
This was referred to the Country Club Advisory Board to review and make a
recommendation to the Village Council.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:30 p.m.
Kathleen F. Kelly, CMC, Village Clerl~
C J
6