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09-25-2003 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 25, 2003 Present: David B. Norris, Mayor 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 E Kelly, CMC, 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. RECESS The meeting immediately adjourned in order to complete the second Public Hearing on the Budget. The Regular Session reconvened at 8:25 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor O'Meilia gave the invocation, and Councilman Eissey led the public in the Pledge of Allegiance to the Flag. REPORT OF THE MAYOR Brief discussion was held concerning a letter received from Principal Joe Pasquale at the North Palm Beach Elementary School, requesting a donation to assist the safety patrol with funding their trip to Washington, D. C. This item will be placed on the next agenda. CONSENT AGENDA APPROVED Item 7.f was removed from the Consent Agenda, and became 13.e on the Regular Agenda. Thereafter, 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 Recreation Advisory Board meeting held 9/9/03 Minutes of Regular Session Held Thursday, September 25, 2003 • Received for file the Minutes of the Country Club Advisory Board meeting held 9/3/03 Approved proposal of Eye Med to provide voluntary employee-paid Vision Care Plan to Village employees Approved amendment to the Employee Health Plan for out-of-pocket expenses, adding an EPO option and Wellness benefit, effective 1/1/04 Accepted the proposal of Unum for short-term disability insurance for Village employees Adopted Resolution 50-2003, authorizing the Mayor and Village Clerk to enter into a Master Vehicle Lease Agreement with Club Car, Inc. Adopted Resolution 51-2003, amending the Village's donation policy, allowing for donations for events outside the Village limits Approved budget transfer of $8,700 from various Recreation accounts to A8028-1 1 3 00 (Part-time Pay) to replenish accounts depleted by extra coverage for camps and parks Approved budget transfer of $15,000 in Public Safety Department from A5711-11210 (Regular Pay) to A571 1-1 1400 (Overtime Pay) to cover deficit in account caused by loss of personnel Approved budget transfer of $6,000 from L8070-49910 (Country Club Contingency) to L8046-33230 (Charge Card Fee-Golf Shop) to cover shortage in the account and to cover estimated expenses through 9/30/03 Received for file the recommendation of the Country Club Advisory Board to "approve the Lease Agreement with Club Car for temporary Club Car loaner equipment" Received for file the recommendation of the Country Club Advisory Board to approve "East Coast Golf Ball Company for the golf ball recovery service for one year with a one year renewal option" Received for file the recommendation of the Country Club Advisory Board to "approve Generation Green, Inc. for lawn/landscaping maintenance at the North Palm Beach Country Club" REPORTS OF SPECIAL COMMITTEES The Council was provided with the Palm Beach County League of Cities legislative program for next year, as well as the results of a retreat that the League's Board of Directors held recently. • Any comments regarding either of these matters were to be directed to Vice Mayor O'Meilia prior to the first week in October. 2 Minutes of Regular Session Held Thursday, September 25, 2003 • VILLAGE MANAGER'S REPORT Mr. Steve Palmquist was present to address the Council regarding the Annual Actuarial Reports for both the General Employees Pension Fund and Police and Fire Pension Fund. Mr. Palmquist reported that very large cost increases due mostly to lack of investment return in the stock market. He further reported that, since the Annual Report on 10/01/02, the markets have been very good and both plans have earned between 10 and 15 percent. Meanwhile, the large cost increases, combined with large salary increases given during fiscal year 2002, the Village contribution this year is approximately $250,000 more than the previous year. Mr. Palmquist was asked to provide the Actuarial Reports in June instead of October, so that the Council can properly budget for any increases. The staff was asked to look at the increase from 8.7% in Public Safety for salaries to 8.7%, while the average was 6.8 for General Employees. Public Services Director Kristine Frazell reported that the Department of Transportation will be marking the rights-of--way on U. S. 1 where the mast arms are located, and the Council may look at those markings as soon as they are finished, which should be on Friday, September 26`x'. Acting Village Manager Doug Smith advised the Council that a date needs to be set for evaluations for the Village Clerk and himself. The Council will determine at the next Workshop meeting how to evaluate Mr. Smith, whether to base the evaluation on his position as Assistant Manager or his Acting Village Manager status. The Council will also set a date for the evaluations at that time. The Council directed that $15,000 already budgeted for internal auditing services be encumbered for Grau & Company. Mr. Smith informed the Council of a bill in the amount of $4,000, an administrative fee for the Municipal Public Safety Communications Consortium, which had been requested in last year's budget session but had been deleted. Mr. Smith stated that Public Safety has enough in their budget to cover this fee. Council directed that it be paid from the 2002-2003 budget. Mr. Smith also reported that funds for designing the Osborne Park recreation building cannot be encumbered because there is no specific agreement at this time with anyone to do the design, so it will have to be budgeted again by ordinance in the new budget. The payment for expenses incurred for the installation of the T-1 line is overdue, and staff requested authorization to pay for it from the current budget. Mr. Smith told the Council that Captain Wiborg has enough left over in the computer loan account to cover the costs. The Council stated that it is not to be taken from the loan account, but from other Public Safety • accounts. If the Finance Director cannot find enough money in other line items, Council Contingency will have to be used as a last resort. 3 Minutes of Regular Session Held Thursday, September 25, 2003 • Mr. Smith asked direction from the Council regarding the implementation of the HRMP study for his position. Having been an Assistant Manager during the first part of the year, he received a new rate as a result of the study, but subsequently received another salary for the interim period as Acting Village Manager. The Council directed that Mr. Smith receive his HRMP adjustment for Assistant Manager from 10/01/03 through February when he took over as Acting Village Manager. From that point on, he will use the salary approved by Council for the time he serves as Acting Village Manager. BILL 1115 ENACTED AS ORD. 25-2003 -SCHEDULE OF PERMIT FEES Vice Mayor O'Meilia moved that Bill 1115 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 104.6.6, SCHEDULE OF PERMIT FEES, OF THE 2001 EDITION OF THE FLORIDA B[JII,DING CODE AS AMENDED AND ADOPTED BY SECTION 6-17 OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT INCREASES PERMIT FEES AND IS FULLY SET FORTH AND ATTACHED TO THIS ORDINANCE 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 second reading and read by title alone. Councilman Eissey seconded the motion During discussion, Public Services Director Kristine Frazell reported that the financial impact of keeping small improvement permits at $30 would amount to an approximate loss in revenue of $3,500 per year. Thereafter, the motion passed 4-1, with Councilman Eissey, Councilman Noel, President Pro Tem Tringali and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Eissey moved that Bill 1115 be enacted as Ordinance 25-2003. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Eissey, President Pro Tem Tringali, Councilman Noel and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. BILL 1116 ENACTED AS ORD 26-2003 -AMENDING SECTION 19-213, FALSE ALARM SERVICE CHARGE COLLECTION OF ART X. ALARMS, OF THE VILLAGE CODE Vice Mayor O'Meilia moved that Bill 1116 entitled: AN ORDINANCE OF THE VILLAGE COUNCII., OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 19-213, FALSE ALARM SERVICE CHARGE; • COLLECTION, OF ARTICLE X, ALARMS, OF CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVIDISONS, OF THE CODE OF ORDDANCES OF THE 4 Minutes of Regular Session Held Thursday, September 25, 2003 • VILLAGE TO PROVIDE A SEPARATE CATEGORY FOR COMMERICAL AND INDUSTRIAL PROPERTIES; 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 1116 be enacted as Ordinance 26-2003. Councilman Eissey seconded the motion, and all present voted aye. BILL 1118 -CODE AMENDMENT FOR PIERS -PLACED ON FIRST READING Vice Mayor O'Meilia 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 VILLAGE 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 first reading and read by title alone. Councilman Noel seconded the motion, and all present voted aye. BILL 1119 -UTILITY TAX -PLACED ON FIRST READING 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 26-3Q 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 5 Minutes of Regular Session Held Thursday, September 25, 2003 • PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on second reading and read by title. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION RENEWING LEASE OF NORTH PALM BEACH YACHT CLUB -FAILED President Pro Tem Tringali moved that a Resolution authorizing the Mayor and Village Clerk to enter into an agreement with North Palm Beach Yacht Club, Inc. to store kayaks, Optimist Dinghy Sailboats and assorted equipment in the Anchorage Park garage building owned by the Village be adopted. Councilman Noel seconded the motion During discussion, Public Services Director Kristine Frazell and Recreation Director Mark Hodgkins told the Council of their need for storage space for Village equipment used by their departments. Thereafter, the motion to adopt failed 1-4, with President Pro Tem Tringali voting aye, and Councilman Noel, Councilman Eissey, Vice Mayor O'Meilia and Mayor Norris voting nay. By consensus, the Village Council gave the Yacht Club a ninety day period to remove their equipment. If that is not feasible, the Yacht Club will return to the Council for an extension. RESOLUTION 52-2003 ADOPTED -APPROVING MINOR MODIFICATION TO THE CPUD ON NORTHLAKE BLVD President Pro Tem Tringali moved that Resolution 52-2003 entitled A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A MINOR MODIFICATION TO THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) FOR A MIXED USE REDEVELOPMENT PROJECT CREATED BY ORDINANCE 27-2002 BY EXTENDING THE COMMENCEMENT OF DEVELOPMENT OF THE CPUD UNTIL MARCH 26, 2004, AND EXTENDING THE TIME OF COMPLETION OF DEVELOPMENT UNTII., MARCH 26, 2006; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion. The motion passed 4-1, with President Pro Tem Tringali, Councilman Noel, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. RESOLUTION AUTHORIZING AGREEMENT WITH SERVICE AND BUSINESS • WORKERS OF AMERICA LOCAL 125 -WITHDRAWN FROM AGENDA 6 Minutes of Regular Session Held Thursday, September 25, 2003 • A resolution authorizing the Mayor and Village Clerk to enter into an agreement with the Service and Business Workers of America, Local 125, was withdrawn, due to the union not submitting a final draft of the contract. Vice Mayor O'Meilia moved to put the budgeted monies for SBWA employees into a Special Reserve account to ensure payment as quickly as possible when the contract is approved. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION 53-2003 ADOPTED - PBA-LIEUTENANTS CONTRACT Vice Mayor O'Meilia moved that Resolution 53-2003 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 -LIEUTENANTS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION 54-2003 ADOPTED -DEMOLITION OF HERB WATT BUILDING Vice Mayor O'Meilia moved that Resolution 54-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING ITS INTENT TO AUTHORIZE THE DEMOLITION AND RAZING OF THE HERB WATT BUILDING WITHIN THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion. The motion passed 4-1, with Vice Mayor O'Meilia, Councilman Noel, Councilman Eissey and Mayor Norris voting aye, and President Pro Tem Tringali voting nay. DREDGING PROJECT PHASE 2 -CHANGE ORDER NO. 1 DENIEID Vice Mayor O'Meilia moved to accept Change Order No. 1 to Subaqueous Services, Inc. in the amount of $38,790. President Pro Tem Tringali seconded the motion. During discussion with consultant Dave Decker of East Bay Group, Mr. Decker recommended against approving the change order, since it was a lump sum contract. Mr. Decker told the Council that there is cable in Canal 21, the southernmost canal in the Village • that had been overlooked, even by FP&L. FP&L has been notified and will have to relocate the cable. It will be approximately four months before that can be completed, and it was 7 Minutes of Regular Session Held Thursday, September 25, 2003 • recommended that the term of the contract be extended to July 21, 2004. The contractor advised Mr. Decker that he will hold the contract open for a small retainer fee, and will come back and do that work for the same rate when the cable is moved. Additionally, it would be more cost- effective to do two canals that are part of Phase 3 during the Phase 2 contract, because of the type of equipment required, and Mr. Decker recommended that that be amended. Thereafter, the original motion failed 1-4, with President Pro Tem Tringali voting aye, and Vice Mayor O'Meilia, Councilman Noel, Councilman Eissey and Mayor Norris voting nay. Thereafter Councilman Noel moved to deny the Change Order. Councilman Eissey seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to extend the current contract to July 2l, 2004. Councilman Noel seconded the motion, and all present voted aye. BUDGET TRANSFER -ADDITIONAL FUNDING FOR POLICE AND FIRE PENSION FUND Councilman Noel moved to approve a budget transfer in the amount of $111,000 from various accounts to Police and Fire Pension accounts as detailed in a budget transfer dated 9/3/03. Councilman Eissey seconded the motion, and all present voted aye. ADJOURNMENT With no fizrther business to come before the Council, the meeting adjourned at 10:38 p.m. ~~ athleen F. Kelly, Village Clerk C J 8