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01-09-2003 VC REG-MMINUTES OF THE REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 9, 2003 Present: Edward M. Eissey, Mayor Joseph A. Tringali, President Pro Tem Charles R. O'Meilia, Councilman David B. Norris, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, CMC, Village Clerk Absent: Don Noel, Vice Mayor ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of the Councit were present except Vice Mayor Noel, who was ill. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation, and led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Regular Session held 12/12/02 Minutes of North Palm Beach/Lake Park Joint Session held 12/11/02 REPORT OF THE MAYOR Mayor Eissey removed Item 7.h. from the Consent Agenda, as well as Bill 1091 under 12.b. Item 4.g. of the Workshop Agenda was also withdrawn. Robert Cedeno, Vice President of Consul-Tech, and Melissa Furlong, Project Engineer, gave an overview of the Department of Transportation's reconstruction of U. S. 1 which will begin on March 3, 2003. During the presentation, Mr. Cedeno told the Council that their project goes from Silver Beach Road north to the south end of Parker Bridge, will • consist of upgrading sidewalks and drainage, reconstruction of medians and street lights, and new irrigation system and landscaping. The project is projected to take 445 calendar Minutes of Regular Session Held Thursday, January 9, 2003 • days, but with a $200,000 incentive to the construction company if it is substantially completed in 296 days. If the project is not completed on time, there will be a penalty of $3,730 per day to the contractor for each day it is delayed. Mr. Cedeno stated that it is more of an "enhancement" project than a rigorous construction project. Information during the project can be obtained through the Consul-Tech website at www.cte.cc. Ms. Furlong assured the Village Council that the drainage problems along U. S. 1 that currently impact side streets will be looked at. Councilman O'Meilia announced that he will be a candidate for re-election in Mazch 2003. STATEMENTS FROM THE PUBLIC During statements from the public, several people who are residents of Eagle Way and Northlake Drive addressed the Council regarding speeding problems on their residential streets. With 21 children residing in homes in that neighborhood, the residents asked the Council fora 4-way stop at Flamingo to help slow down the speeders. The Public Safety Director will hold a neighborhood meeting to discuss the problems with the residents to assess their needs. Tillie Gardner addressed the Council regarding the scarcity of handicap parking at the North Palm Beach Country Club. Country Club Director David Talley was directed to investigate the needs, particularly for those in wheelchairs, and to see what can be done to give assistance at the door for parking the vehicles of handicapped persons. After a discussion concerning guests at a Forum Club luncheon, Robert Brander asked the Council to address whether the Employee Relations account is being used appropriately. Mayor Eissey directed Village Attorney George Baldwin to review the matter and advise the Village Manager and the Mayor of the legality pertaining to use of Employee Relations funds. CONSENT AGENDA APPROVED Item 7.d. was removed from the Consent Agenda, and added to the Regular Agenda as Item 13.d. Thereafter, Councilman O'Meilia moved to approve the Consent Agenda as amended. President Pro Tem Tringali seconded the motion, and all present voted aye. The following items were approved: a. Received for file the Minutes of the Library Advisory Board meeting held 11/26/02 • b. Received for file the Minutes of the Country Club Advisory Board meeting held 12/2/02 2 Minutes of Regular Session Held Thursday, January 9, 2003 • c. Received for file the recommendation of the Country Club Advisory Board (Minutes of 12/2/02) that the Village Council "approve a plan for capital expenditures for pool, tennis and golf course renovations" d. Received for file the recommendation of the Country Club Advisory Board (Minutes of 12/2/02) that the Village Council "approve the employee comp play benefit package for golf employees as presented by the Country Club Director. Play would be at the discretion of the golf professional and on a space available basis. A log of play would be kept by the golf professional and as outlined by the CCAB" e. Adopted Resolution 01-2003 extending the zoning in progress for real properties within the Village that abut Northlake Boulevard (other than real property known as "Shoppes of Northlake" and formerly known as "Twin City Mall") and properties east of U. S. 1 that abut Northlake for a period of 6 months to 7/27/03. f Adopted Resolution 02-2003 approving the preliminary plat of Marbella Villas, Phase I g. Approved a policy for corporate golf memberships at the North Palm Beach Country Club h. Rejected the proposal for Prosperity Farms Road design project, as negotiated with Kimley-Horn & Associates REPORTS OF SPECIAL COMMITTEES A fact sheet concerning the Lake Region Water Treatment Plant that is being proposed by the County was distributed for the Council's information. The League of Cities will hold its March 26`h meeting at the Village of North Palm Beach at 10:30 a.m. Councilman O'Meilia reported to the Council on the meeting of the Northlake Blvd. Task Force held on January 8`h. He stated that the Village will be handling the construction contract from U. S. 1 to Southwind, possibly further. Once the permitting is settled with the D.O.T., it may be possible to go out for bid the first of March. The cost is being handled by a grant which has been obtained. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced that the new fire truck has arrived, and invited the Council to visit the Department of Public Safety to see it. He also announced that the date for substantial completion of the Village Hall building is 1/17/03, with the furniture • being installed on 2/10/02. Moving day for the administration is set for 2/24/03. A ribbon-cutting ceremony is being scheduled for 2/18/03 or 2/24/03. Precinct 49, which votes in the Village Hall, will vote again in the basement of the North Palm Beach 3 Minutes of Regular Session Held Thursday, January 9, 2003 • Library to avoid any last-minute conflicts that might arise with the move into the new building. The Council was asked for direction regarding the shutters at Village Hall. Architect Tim Hullihan and staff recommended that the windows be framed with stone without the shutters. A sample of stone versus shutters was displayed on the south end of the building. The Council agreed 3-1, with Mayor Eissey dissenting, to direct that the shutters be put back on the building. It was further directed that the contract be checked to see if the contract called for stone as well as the shutters with no additional cost. The Council stated that it was not interested in doing both if it means incurring additional costs. Public Services Director Kristine Frazell gave a status report on the testing of the air quality in the trailers. Samples were taken at the north substation and also the trailers at the Village Hall for comparison. Tests were also conducted the main Public Safety facility. Test results are expected this weekend. During a discussion of a possible Public Hearing concerning Adelphia Cable, it was directed that Village Attorney George Baldwin review the current ordinance to see what is necessary to do in that regard. This item will be placed on the next Workshop agenda. Hal Beard, Superintendent of Public Services, was present to explain the changing of the signs on Lakeside Drive. BILL 1090 - BUDGET AMENDMENT FOR PROFESSIONAL SERVICES - ENACTED AS ORDINANCE 01-2003 President Pro Tem Tringali moved that Bill 1090 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 #2,000 FOR PROFESSIONAL SERVICES TO REVIEW AND UPDATE PERSONNEL RULES AND REGULATIONS Be placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman Norris moved that Bill 1090 be enacted as Ordinance 01-2003. President Pro Tem Tringali seconded the motion. The motion passed 3-1, with Councilman Norris, President Pro Tem Tringali and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. • BILL 1092 -AMENDING POLICE AND FIRE PENSION RETIREMENT PLAN - PLACED ON FIRST READING 4 Minutes of Regular Session Held Thursday, January 9, 2003 • President Pro Tem Tringali moved that Bill 1092 entitled: AN ORDINANCE OF THE VILLAGE COUNCL OF THE VILLAGE OF NORTJH PALM BEACH, FLORIDA; AMENDING DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OR ARTICLE V, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE, BY ADDING A NEW SECTION 2-165 RELATING TO FIRE AND POLICE RETIREMENT PLAN; PROVIDING FOR BUY BACK OF PRIOR FIRE AND POLICE SERVICE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR CODIFICATION Be placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION AMENDING AGREEMENT WITH HR MANAGEMENT PARTNERS. INC. (HRMP) TABLED TO 1/23/03 Councilman Norris moved that a resolution amending the agreement with HR Management Partners, Inc. (HRMP) be taken from the table. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman Norris moved that the resolution 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 AMENDMENT TO THE PROFESSIONAL CONSULTING AGREEMENT WITH HR MANAGEMENT PARTNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AMENDMENT IS FOR THE PURPOSE OF INCREASING THE SCOPE OF SERVICES TO INCLUDE A PERSONNEL RULES AND REGULATIONS REVIEW AND UPDATE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion. During discussion, staff was directed to amend the contract to include only Task 1 and Task 2, with Task 2 being the Council's option. Task 1 is to review the current regulations and make any necessary changes required to make it conform to law and Task 2 will be to offer suggestions that might improve what we have. Councilman O'Meilia moved to table the resolution until the next Regular meeting. President Pro Tem Tringali seconded the motion, and all present voted aye. • 5 Minutes of Regular Session Held Thursday, January 9, 2003 • RESOLUTION 03-2003 APPROVED - SEACOAST UTILITY AUTHORITY EASEMENT ('rJi"n~ilma~; Q'l~ile.l:^u moved tL` remo~~e frrJn, the table a rec~liitiQn atithnri~iriv t1iP -o execution of a utility easement deed to Seacoast Utility Authority for installation, operation, maintenance and servicing of water and sewer lines and appurtenant facilities over easement premises. Councilman Norris seconded the motion, and all present voted aye. Councilman O'Meilia moved that Resolution 03-2002 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE A UTILITY EASEMENT DEED TO SEACOAST UTILITY AUTHORITY AUTHORIZING THE INSTALLATION, OPERATION, MAINTENEANCE AND SERVICING OF WATER AND DEWER LINES AND APPURTENANT FACILITIES OVER THE EASEMENT PREMISES DESCRIBED IN EXHIBIT "A" ATTACHED; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 04-2003 ADOPTED -BANK LOAN WITH SOUTHTRUST BANK President Pro Tem Tringali moved that Resolution 04-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING LOANS WITH SOUTHTRUST BANK IN THE AMOUNT OF $271,000.00 FOR PURCHASE OF A FIRE ENGINE AND $132,000.00 FOR PURCHASE OF A TRUCK AND VARIOUS COMPUTER EQUIPMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AND DELIVER LOAN DOCUMENTS WITH SOUTHTRUST BANK UPON REVIEW AND APPROVAL BY THE VILLAGE ATTORNEY; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Norris seconded the motion. During discussion, the Council reviewed a revised list of computer needs dated 01/09/2003 which showed the revised total of $116,000 for the first Phase equipment after deleting the items for the Country Club and separating out the operating costs for connectivity. Thereafter, all present voted aye. RESOLUTION OS-2003 ADOPTED -FINAL ASSESSMENT ROLL FOR CONROY • DRIVE 6 Minutes of Regular Session Held Thursday, January 9, 2003 • Councilman O'Meilia moved that Resolution OS-2002 entitled: A RESOLUTION OF THE VILLAGE COL~:CIL OF THE VILLAGE yF 1~?ORTH PALM BEACH, FLORIDA, APPROVING THE FINAL ASSESSMENT ROLL FOR CONSTRUCTION OF PUBLIC POTABLE WATER LINES ALONG CONROY DRIVE, LAKE PARK MANOR PLAT, WITHIN THE VILLAGE OF NORTH PALM BEACH, WHICH FINAL ASSEESSMENT ROLL IS ATTACHED AS EXHIBIT "A"; PROVIDING THAT SUCH ASSESSMENTS STAND CONFIRMED AND REMAIN LEGAL, VALID AND BINDING FIRST LIENS UPON THE PROPERTIES AGAINST WHICH SUCH ASSESSMENTS ARE MADE UNTIL PAID; CONFIRMING THE AMOUNT OF ASSESSMENTS AS SET FORTH IN RESOLUTION NO. 21-2001 AND AGAIN SET FORTH IN EXHIBIT "A" ATTACHED; PROVIDING THAT IF THE COST OF CONSTRUCTION OF PUBLIC POTABLE WATER LINES EXCEEDS THE TOTAL ASSESSMENT SET FORTH IN EXHIBIT "A", THAT THE VILLAGE OF NORTH PALM BEACH SHALL PAY THE DIFFERENCE; PROVIDING THAT THE ASSESSMENTS SHALL BE PAID AND COLLECTED 1N THE MANNER SET FORTH IN RESOLUTION NO. 21-2001 OF THE VILLAGE AND CHAPTER 170 OF THE FLORIDA STATUTES; PROVIDING THAT THE ASSESSMENTS SHALL BE RECORDED BY THE VILLAGE CLERK IN A SPECIAL BOOK TO BE KNOWN AS THE "IMPROVEMENT LIEN BOOK"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion, and all present voted aye. ADJDUSTED AFTERNOON GOLF RATES EXTENDED Councilman O'Meilia moved to extend the adjusted afternoon golf rates, based on competition, for the balance of the season (4/15/03). President Pro Tem Tringali seconded the motion, and all present voted aye. COMPLIMENTARY EMPLOYEE GOLF PLAY - NPBCC Councilman Norris moved to approve a policy for employee complimentary golf play for golf employees at the North Palm Beach Country Club. President Pro Tem Tringali seconded the motion. During discussion, it was clarified that all that is being dealt with on the motion is golf course employees only. Councilman Norris, with President Pro Tem Tringali amended the motion to define that the complimentary golf play applies to those employees in golf course maintenance division, golf shop division, carts division and the driving range division, full and part- time. • Thereafter, the motion passed 4-0. 7 Minutes of Regular Session Held Thursday, January 9, 2003 • FPPTA CONFERENCE -FINANCIAL DOCUMENTATION The Council continued its discussion regarding the financial documentation for the FPPTA Conference attended by staff in January 2002. Village Manager Dennis Kelly referred to a memo of explanation by the Finance Director which was submitted for this meeting. He further stated that the General Employees Pension Board had met for the purpose of approving the trip retroactively but which vote did not pass with a tie vote. The motion was then tabled to a later date. Mr. Kelly stated that one of the members voting against approval requested that it be tabled until there was a full board present, but this was done after the vote. Village Attorney George Baldwin opined that a tie vote nullifies the question. The Council directed that the Village Manager submit his travel expense report to the Village Council, and that a receipt for the Finance Director's $85.00 meal be obtained. The Council agreed to listen to the tape of the meeting of the General Employees Pension Board. , Questions presented at the December 17`h meeting were addressed as followed: 1) Who authorized the trip....and whether the Police and Fire Pension Board also authorized the trip. No authorization has been shown. 2) Why was it necessary to go? Mr. Kelly stated that it was imperative that people who are on the Board should be certified, particularly when Mr. Teed had spoken of retiring from the Board. Mr. Khan added that he had been directed 16 years ago by Village Manager Ray Howland that if he went to conferences for Pension Board, he could charge it off against both Pension Boards, but there is actually no written policy covering this. 3) Why was sales tax paid? Mr. Kelly stated that it was oversight. He further explained that he was accustomed to getting the deduction on quarterly reports and that he was not familiar with the new procedure of presenting the tax exemption certificate at the conference. 4) Per diem versus separate meal receipts? Discussion followed regarding the taking of a per diem even though meals were provided. Mr. Kelly stated that in his opinion, he has the authority to authorize that payment. Mayor Eissey requested that the Village Manager answer all questions that were stated in the December 17, 2002 Workshop Minutes on Page 4 at the next Regular Session. Councilman O'Meilia requested that Council members review a printout of last year's Employee Relations account for the Village Manager's office (2001-2002) which was included in the backup so that the uses stated in that printout can be discussed at the next Council meeting. • Mayor Eissey asked that any questions Council members may have relative to this item be submitted to the Village Manager in advance. 8 Minutes of Regular Session Held Thursday, January 9, 2003 • Councilman O'Meilia further requested that a discussion be held at the next meeting regardiiag aiAth^vriZati3n for Cr~:dit cards. Addltloitaiiy, he asks that tii2 c¢iitiitgiiiig of pension fund money with the General Fund be addressed at a workshop in the immediate future or possibly at the Special Workshop scheduled for budgeting procedures. This issue will be kept on the Regular Session agenda for January 23, 2003 for continued discussion. INFORMATION SYSTEMS -PROCUREMENT SCHEDULE AND FINANCING President Pro Tem Tringali moved to approve the proposed schedule for hardware and software procurement and funding atwo-year phased plan, funding to be spread over a 3- yearperiod. Councilman Norris seconded the motion. During discussion, it was clarified that the motion refers to the revised schedule dated 01/09/2003 which was handed out at this meeting and which totals $197,460. It was further clarified that another loan will be taken out next year for Phase II portion and financed over three years. Thereafter, the motion passed 4-0. CONFERENCE CHANGE -NPBCC DIRECTOR Councilman O'Meilia moved to approve the use of funds already budgeted for attendance at the National Institute of Golf Management School in the approximate amount of $1,700.00 for attendance by the NPBCC Director in January 2003. President Pro Tem Tringali seconded the motion, and all present voted aye. A codicil was offered that this line item should not be overdrawn later in the year as a result of this addition. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:45 p.m. ~~~~ at Teen F. Kelly, CMC ' • 9