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07-24-2003 VC REG-MMINUTES OF THE REGULAR SESSION •} OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 24, 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 F. 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 staffwere 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 Regular Session held 6/26/03 Minutes of Regular Session held 7/10/03 REPORT OF THE MAYOR On behalf of the Village Council, Mayor Norris presented plaques to Eugene Bryan who served as Village Historian, and Charles Isiminger who served on the Planning Commission, in appreciation of their years of service to the Village. Mayor Norris proclaimed August 5, 2003 as "National Night Out" in the Village of North Palm Beach. The Proclamation was presented to Chief Duke Johnson, Director of Public Safety. A representative from the South Florida Business Journal gave a presentation to the Council regarding its partnership with the Chamber of Commerce. The Council was invited to participate • by buying space in the September edition of the journal which will be addressing economic Minutes ofRegulaz Session Held Thursday, July 24, 2003 • development in the north county. The cost would be $2,500 for two pages. This will be discussed further with the Acting Village Manager. CONSENT AGENDA APPROVED Item 7.e. was removed from the Consent agenda and placed under 14.d. Thereafter, Councilman Noel moved to approve the Consent Agenda, as amended. Councilman Eissey seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes ofthe Planning Commission Meeting held 5/6/03 Received for file the Minutes of the Recreation Advisory Boazd Meeting held 7/8/03 Received for file the recommendation of the Planning Commission (Minutes of 5/6/03) that Council approve staffs recommended Code revisions relating to driveway surfaces as detailed in Planning Commission Minutes of 5/6/03 Approved budget transfer in the amount of $8,800.00 from K5200-49930 Canal Dredging Project) to K7400-66210 (Conroy Drive Water Main Project) to pay chazges incurred for wmpletion of Conroy Drive water main project. VILLAGE MANAGER'S REPORT Acting Village Manager Doug Smith updated the Council on the status of the Prosperity Farms Road Agreement with the County, and the trailer leasing north of the bridge. Upon request from Mr. Smith to name this year's voting delegate to the Florida League of Cities Conference, Vice Mayor O'Meilia moved to designate Councilman Eissey as the voting delegate for the Village of North Palm Beach. President Pro Tem Tringali seconded the motion, and all present voted aye. PERMIT FEES WAIVED FOR SEAWALL REPAIR Don Frey, Project Manager for the Florida Deparhnent of Transportation, addressed the Village Council to request a waiver ofpermit fees for seawall repair project at 701 Northlake Boulevazd. Councilman Eissey moved that pernut fees for the seawall repair project be waived, that the Florida Department of Transportation will certify the construction, with no inspection by the Village. Councilman Noel sewnded the motion, and all present voted aye. BILL 1108 -GENERAL FUND BUDGET AMENDMENT FOR HRMP PAY PLAN- ENACTED AS ORD. 19-2003 • Councilman Noel moved that Bill 1108 be taken from the table. Councilman Eissey seconded the motion, and all present voted aye. Minutes of Regular Session Held Thursday, July 24, 2003 • Councilman Noel moved that Bill 1108 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $511,000 FOR IMPLEMENTATION OF COMPENSATION STUDY be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion. During discussion, President Pro Tem Tringali moved to amend the budget transfer by taking $25,000 from Council Contingency and $25,000 from Surplus. Councilman Noel seconded the motion, and all present voted aye. Adjustment for 5 employees who had job title changes but duties remained the same is to be brought back to the Council as soon as possible. By consensus, the Library transfer will be taken from A7927-11300 (Part time pay) instead of Books & Publications. Thereafter, the original motion, as amended, passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Noel moved that Bill 1108 be enacted as Ordinance 19-2003. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. BILL 1109 -COUNTRY CLUB BUDGET AMENDMENT FOR HRMP PAY PLAN - ENACTED AS ORD. 20-2003 Councilman Noel moved that bill 1109 be taken from the table. Councilman Eissey seconded the motion, and all present voted aye. Councilman Noel moved that Bill 1109 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS 1N THE AMOUNT OF $45,500 FOR IMPLEMENTATION OF COMPENSATION STUDY • Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion. The motion passed 4-i, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. 3 Minutes of Regular Session Held Thursday, July 24, 2003 • President Pro Tem Tringali moved that Bill 1109 be enacted as Ordinance 20-2003. 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. BILL 1110 -GENERAL FUND BUDGET AMENDMENT FOR BEA INTERNATIONAL PROPOSAL -ENACTED AS ORD. 21-2003 Councilman Noel moved that Bill 1110 be taken from the table. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman Noel moved that Bill 1110 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $23,100 DUE TO CAPITAL PROJECT FUND FOR ADDITIONAL PROFESSIONAL SERVICES RELATED TO VILLAGE HALL RENOVATION PROJECT Be placed on second reading and reading by title alone. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. President Pro Tem Tringali moved that Bill 1110 be enacted as Ordinance 21-2003. Councilman Noel seconded the motion. The motion passed 4-1, President Pro Tem Tringali, Councilman Noel, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. BILL 1111 -CAPITAL PROJECT BUDGET AMENDMENT FOR BEA INTERNATIONAL PROPOSAL-TABLED Councilman Noel moved that Bill 1111 be taken from the table. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Noel moved that Bill 1111 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $23,100 FOR ADDITIONAL PROFESSIONAL SERVICES FOR PLANNING AND DESIGNING ETC FOR HANDICAP RAMP, LIGHTS, LANDSCAPING, AND SIGN RELATED TO VILLAGE HALL RENOVATION PROJECT C J 4 Minutes of Regular Session Held Thursday, July 24, 2003 • Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Noel moved that Bill 1111 be enacted as Ordinance 22-2003. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Tringali, Councilman Eissey and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. RESOLUTION AUTHORIZING BEA AGREEMENT -FAILED Councilman Noel moved that a resolution authorizing the Mayor and Village Clerk to enter into an Agreement with BEA International for architectural design services for miscellaneous site improvements to the Village Hall be taken from the table. Councilman Eissey seconded the motion. The motion passed 4-1, with Councilman Noel, Councilman Eissey, President Pro Tem Tringali and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. Councilman Noel moved that a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH BEA INTERNATIONAL ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING ARCHITECTURAL DESIGN SERVICES FOR MISCELLANEOUS SITE IMPROVEMENTS TO THE NORTH PALM BEACH VILLAGE HALL COMPLEX; AND, PROVIDING FOR AN EFFECTIVE DATE. Be adopted. President Pro Tem Tringali seconded the motion. During discussion, President Pro Tem Tringali moved to table the resolution until a later time when funding would be available. The motion died for lack of a second. Thereafter, the original motion failed 0-5. RESOLUTION 34-2003 ADOPTED - AMENDING PERSONNEL RULES AND REGULATIONS President Pro Tem Tringali moved that Resolution 34-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 12, PAY FOR PERFORMANCE PROGRAM AND GUIDELINES FOR ITS ADMINISTRATION, OF THE PERSONNEL RULES AND • REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED AS EXHIBIT A" AND MADE PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE 5 Minutes of Regular Session Held Thursday, July 24, 2003 • Be adopted. Councilman Noel seconded the motion. During discussion Councilman Noel moved to amend the motion by adding language to the resolution which states "These amendments are not applicable to bargaining unit members until notice has been provided in accordance with the collective bargaining agreements". Councilman Eissey seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to amend Section 12.01.03. OBJECTIVES by changing the language of Item b. to read: "To identify, recognize and reward employees whose job performance warrants the same." President Pro Tem Tringali seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. RESOLUTION 35-2003 ADOPTED -APPROVING PBA CONTRACT Councilman Noel moved that Resolution 35-2003 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 ASSOCIATON -GENERAL ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Eissey seconded the motion, and all present voted aye. RESOLUTION 36-2003 ADOPTED - CREATING A "REVOLVING ART" COMMITTEE Councilman Noel moved that Resolution 36-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A COMMITTEE CONSISTING OF 7 (SEVEN) RESIDENTS OF THE VILLAGE OF NORTH PALM BEACH FOR THE PURPOSE OF ESTABLISHING AND OVERSEEING A PROGRAM WHEREBY LOCAL ARTISTS DISPLAY THEIR ARTWORK AT VILLAGE HALL; PROVIDING THAT THE COMMITTEE IS TO RECOMMEND WRITTEN POLICIES TO THE VILLAGE COUNCIL FOR THE SELECTION PROCESS FOR DISPLAY OF ARTWORK AND TO PROPOSE TERMS FOR A WRITTEN AGREEMENT BETWEEN THE VARIOUS ARTISTS AND THE VILLAGE OF NORTH PALM BEACH; PROVIDING THAT ALL MEETINGS OF THE COMMITTEE SHALL BE AT VILLAGE HALL AND OPEN TO THE PUBLIC; AND, PROVIDING FOR AN EFFECTIVE DATE • Councilman Eissey seconded the motion. 6 Minutes of Regular Session Held Thursday, July 24, 2003 • During discussion, Vice Mayor O'Meilia moved to amend the language in the Resolution to include all Village locations instead of limiting the art displays to Village Hall by changing it to state "at or on designated Village properties". President Pro Tem Tringali seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. TERMS OF EMPLOYMENT -PUBLIC SAFETY DIRECTOR President Pro Tem Tringali moved to award 252 hours of compensatory time (straight time) to the Public Safety Director. Councilman Eissey seconded the motion. Councilman Noel moved to amend by adding that if he resigns, is disabled, or is terminated other than for cause, the valuation of the balance of the compensatory time will equate to the rate when earned for the balance of hours still owed, just like any other employee who has comp time banked; further, that he use his comp time at his discretion. President Pro Tem Tringali seconded the motion, and all present voted aye. Future compensatory time shall require prior approval by the Acting Village Manager or Village Manager. Accounting ofthe 252 hours as well as any future compensatory hours will be done by the Manager's Office. Chief Johnson stated that he is in agreement with motion as stated. Thereafter, the original motion, as amended, passed 4-l, with President Pro Tem Tringali, Councilman Eissey, Councilman Noel and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. GOLF COURSE MASTER PLAN STUDY -ARCHITECT REQUEST FOR PROPOSAL APPROVED Vice Mayor O'Meilia moved to approve the RFP developed for the Golf Course Master Plan Study at the North Palm Beach Country Club. President Pro Tem Tringali seconded the motion. During discussion, Vice Mayor O'Meilia moved to amend Page 1, 3rd bullet under design services, change language which states "an irrigation study will be provided prior to the start of the project" to read "an irrigation study will be provided prior to the start of the conceptual study." Councilman Noel seconded the motion, and all present voted aye. Thereafter, the original motion passed 5-0. • 7 Minutes of Regular Session Held Thursday, July 24, 2003 • BUDGET TRANSFER APPROVED -PUBLIC SAFETY DEPT. Councilman Noel moved to approve a budget transfer in the amount of $40,000 from A571 ]- 11210 (Regular Pay) to A5711-11400 (Overtime Pay) to cover deficit in the overtime pay account. President Pro Tem Tringali seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:55 p.m. • 8