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10-28-1993 VC REG-MMINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, OCTOBER 28, 1993 Present: Gail H. Vastola, Vice Mayor Jeffrey H. Atwater, President Pro Tem Tom Valente, Councilman Judy M. Pierman, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk Absent: V. A. Marks, M. D., Mayor ROLL CALL Vice Mayor Vastola called the meeting to order at 7:30 p.m. All members of Council were present except Mayor Marks, who was out of town. All members of Council were present. INVOCATION AND PLEDGE OF ALLEGIANCE ' Councilman Pierman gave the invocation, and President Pro Tem Atwater led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing held 10/14/93 Minutes of Regular Session held 10/14/93 REPORT OF THE MAYOR Councilman Valente moved to appoint Councilman Pierman as member and President Pro Tem Atwater as Alternate member to the Implementation Steering Committee of the North County Planning Forum. Councilman Pierman seconded the motion, and all present voted aye. Vice Mayor Vastola recommended that the Library and the Recreation Department be allowed to sell tee-shirts with the Village logo as a means of raising funds. By consensus, the Council directed the Village Manager to review this recommendation for feasibility and to bring it back to a future workshop. t PETITIONS AND COMMUNICATIONS The following Minutes were received as written: ' Minutes of Regular Session Held Thursday, October 28, 1993 Minutes of Special Country Club Administrative Board Meeting held 9/20/93 Minutes of Country Club Administrative Board Meeting held 10/4/93 The following Minutes were received, with the notation that the Minutes should include the attendance of Council Representative V. A. Marks, and Councilman Valente. Minutes of Country Club Administrative Board Meeting held 9/29/93 MANAGER'S REPORT Village Manager Dennis Kelly announced that the Council meeting of Thursday, November 11, 1993 has been changed to Tuesday, November 9,1993, due to the observance of Veteran's Day on November 11th. ' BILL 732 - COMMERCIAL WASTE DISPOSAL FEES - PLACED ON FIR5T READING Councilman Valente moved that Bill 732 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING WASTE DISPOSAL CHARGES FOR COMMERCIAL PROPERTY FOR THE FISCAL YEAR 1993-94; PROHIBITING PRIVATE REMOVAL OF WASTE WITH EXCEPTIONS; WASTE DISPOSAL FEES DUE REGARDLESS OF VACANCY OR NON-USE OF PROPERTY; WASTE DISPOSAL BILLING PROCEDURES; REPEAL OF ORDINANCE 18-92; SEVERABILITY CLAUSE AND EFFECTIVE DATE be placed on first reading and read by title alone. Councilman Pierman seconded the motion, and all present voted aye. EXTENSION OF TIME FOR COMMENCEMENT OF HARBOUR POINT LNA TABLED Councilman Valente moved that a proposed resolution granting an extension of time.for commencement of Harbour Point Marina be taken from the table. President Pro Tem Atwater seconded the motion, and all present voted aye. Discussion took place concerning a letter from Lawrence Smith, on ' behalf of Mr. and Mrs. Milling, withdrawing their extension application due to circumstances beyond their control. 2 ' Minutes of Regular Session Held Thursday, October 28, 1993 Councilman Valente moved that the extension of time for commencement of Harbour Point Marina be tabled indefinitely. Councilman Pierman seconded the motion, and all present voted aye. RESOLUTION 49-93 ADOPTED - PAYMENT OF EARNED ANNUAL LSAVS TO PUBLIC SERVICES DIRECTOR President Pro Tem Atwater moved that Resolution 49-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE PAYMENT OF ONE HUNDRED NINETY-SIX (196) HOURS OF EARNED ANNUAL LEAVE ACCUMULATED BY CHARLES R. O'MSILIA, DIRECTOR OF PUBLIC SERVICES, AS OF OCTOBER 1, 1993; PROVIDING A PROCEDURE FOR PAYMENT OF THE EARNED ANNUAL LEAVE; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Valente seconded the motion, and all ' present voted aye. RESOLUTION 50-93 ADOPTED - AMENDING VILLAGE PERSONNEL REGULATIONS - ACCUMULATION OF EARNED ANNUAL LEAVE Councilman Pierman moved that Resolution 50-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE PERSONNEL REGULATIONS FOR THE VILLAGE ADOPTED BY RESOLUTION 17-82 BY AMENDING THE REQUIREMENTS FOR ACCUMULATION OF EARNED ANNUAL LEAVE; PROVIDING FOR THE REPEAL OF ALL PARTS OF THS PERSONNEL REGULATIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF be adopted. President Pro Tem Atwater seconded the motion, and all present voted aye. RESOLUTION 51-93 ADOPTED - ACCEPTING BID FOR NAVIGATION CHANNEL DREDGING AT LAKESIDE PARK Councilman Valente moved that Resolution 51-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF PREMIER DREDGE & MARINE, ' INC., SANFORD, FLORIDA, FOR NAVIGATION CHANNEL DREDGING FOR LAKESIDE PARK EROSION CONTROL PROSECT IN THE AMOUNT OF'$68,540.00, TO BE EXPENDED FROM ACCOUNT NO. A0000- 3 ' Minutes of Regular Session Held Thursday, October 28, 1993 24791 (RESERVE); CONTINGENT UPON RECEIPT OF PERMIT FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION be adopted. Councilman Pierman seconded the motion, and all present voted aye. RESOLUTION 52-93 ADOPTED - BID FOR SHORE SAND Councilman Pierman moved that Resolution 52-93 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF MURRAY LOGAN CONSTRUCTION, INC., WEST PALM BEACH, FLORIDA, FOR SHORE SAND CONTAINMENT STRUCTURES FOR LAKESIDE PARK EROSION CONTROL PROJECT IN THE AMOUNT OF $19,600.00, TO BE E%PENDED FROM ACCOUNT NO. A0000-24791 (RESERVE); CONTINGENT UPON RECEIPT OF PERMIT FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION be adopted. President Pro Tem Atwater seconded the motion, and all present voted aye. LETTER TO DEPARTMENT OF TRANSPORTATION AUTHORIZED - ROAD RIGHT-OF- WAY AT NORTH PALM BEACH COUNTRY CLUB Councilman Valente moved to approve the Village Manager's letter to the Florida Department of Transportation regarding road right-of- way access for Parker Bridge. During discussion, Mr. Morton Levin suggested the following changes be made to the draft letter: Page 1, 41, line 5 changed "the reduction and the height of span" to "the reduction of the height of span". Page 2, Item 3 was changed to read "The temporary easement would not be required beyond the construction period." Page 2, first paragraph following Item 4, second sentence: the word "significant" was deleted. Further, the Council asked that, in addition to the changes as stated by Mr. Levin, the letter should include their concerns regarding the inaccuracy of the maps, the need for updated information, concern over the 130 feet from the edge of the first 4 Minutes of Regular Session Held Thursday, October 28, 1993 green, and concern over the completion or the destruction of the temporary bridge upon completion of construction. The motion carried 3-1, with Councilman Valente, President Pro Tem Atwater and Vice Mayor vastola voting aye, and Councilman Pierman voting nay. ADJUSTMENT APPROVED FOR PUBLIC SERVICSS ADMINI: ]Sf Councilman Valente moved that a 3% salary increase be approved for Elsie Gatyas, Administrative Secretary in the Public Services Department, retroactive to April 1993, in the amount of $343.39. Councilman Pierman seconded the motion, and all present voted aye. ANNEXATION AND REZONING OF BENJAMIN SCHOOL PROPERTY Councilman Pierman moved to authorized staff to prepare annexation and rezoning ordinances for The Benjamin School property, and to ' schedule the required public hearing and ordinance readings. President Pro Tem Atwater seconded the motion, and all present voted aye. EMPLOYEE PHYSICALS AND DRUG SCREENING PROGRAM Councilman Pierman moved to direct staff to research the feasibility of employee physicals and drug screening, and analyze the legal impact, the impact on union contracts, and financial impact of such a program. President Pro Tem Atwater seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:35 p.m. G 5