09-25-1997 VC REG-M• MINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 25, 1997
Present: Gail H. Vastola, Mayor
Charles O'Meilia, Vice Mayor
Larry Kelley, President Pro Tem
Tom Valente, Councilman
David Norris, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
ROLL CALL
Mayor Vastola called the meeting to order at 7:30 p.m. All members of Council were
present. All members of staff were present.
. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Valente gave the invocation, and Vice Mayor O'Meilia 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 9/11/97
Minutes of Regular Session held 9/11/97
REPORT OF THE MAYOR
Mayor Vastola asked Council for direction to N.A.M.A.C to go forward with developing a
more definitive plan for a centralized dispatch system for further study and consideration.
Vice Mayor O'Meilia gave a brief report on the Palm Beach County Municipal League
meeting held Wednesday, September 24th, and the position of the Palm Beach County
Commission on the Wetlands Ordinance.
Minutes of Regular Session
• Held Thursday, September 25, 1997
PETITIONS AND COMMUNICATIONS
The following Minutes were received for file:
Minutes of Police & Fire Pension Board Meeting held 7/22/97
Minutes of Police & Fire Pension Board Meeting held 8/13/97
Minutes of Country Club Administrative Soard Meeting held 9/8/97
Minutes of Recreation Advisory Board Meeting held 9/9/97
It was noted that on Page 2 of the Police & Fire Pension Board Meeting Minutes held
8/13/97 regarding the motion to recommend Hanson, Perry & Jensen to the full Board did
not include the name of the dissenting member, as required.
VILLAGE MANAGER'S REPORT
• Village Manager Dennis Kelly gave a status report on performance evaluations of non-
union employees. Clarification was given by Council that COLA goes over the maximum
pay range as a 52-week disbursement; bonuses go over maximum based on the
Personnel Rules and Regulations, (50%) in a lump sum. Further, COLA and merit
increase will be added to base pay, and longevity and incremental pay will be added on
without having a percentage increase, which sets the base salary for the next year.
The Village Manager requested that an administrative correction be made to Ordinance
39-97, which appropriated $20,000 from Unappropriated Fund Balance to replenish
Council Contingency account A5540-49900. By consensus, the Council agreed that the
appropriation should have been appropriated to the Council Contingency account of
A5540-49901.
DECLARATION OF EX PARTE COMMUNICATIONS
The following Ex Parte communications were declared:
President Pro Tem Kelley and Councilman Valente declared communications from
Kurt Scarlott regarding utility trailers; Councilman Norris declared communication from
Lucia Traugott, Len Pellegren, and John Atwater regarding the CCAB appointments; and
Kurt Scarlott and Ted Matthews regarding utility trailers; Mayor Vastola declared
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Minutes of Regular Session
• Held Thursday, September 25, 1997
communications from Carl Panzarella regarding the Public Safety Building and Kurt
Scarlott regarding the utility trailers, and Len Pellegren regarding the CCAB appointments.
BILL 899 -UTILITY TAX -PLACED O_ N SECOND READING AND ENACTED AS ORD.
41-97
President Pro Tem Kelley moved that Bill 899 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 26-29 OF
ARTICLE III, UTILITY TAX, OF CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE VILLAGE BY CHANGING THE TAX LEVIED ON
THE PURCHASE OF ELECTRICITY, METERED NATURAL GAS,
LIQUEFIED PETROLEUM GAS EITHER METERED OR BOTTLED,
MANUFACTURED GAS EITHER METERED OR BOTTLED FROM SEVEN
(7%) PERCENT TO EIGHT (8%) PERCENT WITHIN THE CORPORATE
LIMITS OF THE VILLAGE OF NORTH PALM BEACH; AMENDING
SECTION (a) OF SECTION 26-31, EXEMPTIONS, TO PROVIDE
ADDITIONAL EXEMPTIONS FROM PAYMENT OFTHE TAX; 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. Vie Mayor O'Meilia seconded the
motion, and all present voted aye.
President Pro Tem Kelley moved that Bill 899 be enacted as Ordinance 41-97. Vice
Mayor O'Meilia seconded the motion, and all present voted aye.
BILL 900 -TELECOMMUNICATIONS TAX -PLACED ON SECOND READING AND
ENACTED AS ORD. 42-97
Councilman Valente moved that Bill 900 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 26-51 OF
ARTICLE IV, TELECOMMUNICATIONS SERVICE TAX, OF CHAPTER 26
OF THE CODE OF ORDINANCES OF THE VILLAGE BY CHANGING THE
TAX LEVIED ON TELECOMMUNICATIONS SERVICES FROM FIVE (5%)
PERCENT TO SIX (6%) PERCENT WHICH ORIGINATE AND TERMINATE
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Minutes of Regular Session
• Held Thursday, September 25, 1997
IN THE STATE OF FLORIDA; AMENDING SUBSECTION (a) OF SECTION
26-53, EXEMPTIONS, TO PROVIDE AN ADDITIONAL EXEMPTION FROM
PAYMENT OF THE TAX; 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 Kelley
seconded the motion, and all present voted aye.
Councilman Valente moved that Bill 900 be enacted as Ordinance 42-97. President Pro
Tem Kelley seconded the motion, and all present voted aye.
BILL 901 -COUNTRY CLUB ADMINISTRATIVE BOARD -ENABLING ORDINANCE -
PLACED ON FIRST READING
Councilman Norris moved that Bill 901 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9-20,
MEETINGS, SECTION 9-21, DUTIES, AND SECTION 9-22, VILLAGE
MANAGER, OF ARTICLE II., ADMINISTRATIVE BOARD, OF CHAPTER
9, COUNTRY CLUB, OFTHE CODE OF ORDINANCES OF THE VILLAGE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
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be placed on first reading and read by title alone. President Pro Tem Kelley seconded
the motion.
During discussion, Vice Mayor O'Meilia moved to amend the ordinance to include the
following changes: Page 1, Section 9-20 Meetings: The first sentence was changed to
read "The Board shall meet and shall schedule regular meetings twice per month ;Page
2, Section 9-21 {c) Duties: The second sentence regarding the Board serving as
consultant to the Country Club Administrator in the hiring of Village employees for the
NPB Country Club was deleted; under Section 9-21 Duties (f), evaluation of Club
Manager was changed to read as follows: The Board shall review and evaluate the
performance of the Country Club Administrator at least once annually during the month
of August. The last sentence of the same section was changed as follows: These goals
and objectives shall be provided to the Club Administrator in writing annually prior to April
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Minutes of Regular Session
• Held Thursday, September 25, 1997
15th, and be reasonably attainable within the time limits as specified. Councilman
Valente seconded the motion, and all present voted aye.
Vice Mayor O'Meilia moved to delete Section 9-22. Councilman Valente seconded the
motion, contingent upon it reverting back to the Personnel Rules & Regulations. The
motion passed 3-2, with Vice Mayor O'Meilia, President Pro Tem Kelley and Councilman
Valente voting aye, and Councilman Norris and Mayor Vastola voting nay.
Thereafter, the original motion passed 5-0.
BILL 902 - COUNTRY C_ LUB ADMINISTRATIVE BOARD - DEPARTMENTAL
ORGANIZATION -PLACED ON FIRST READING
Vice Mayor O'Meilia moved that Bill 902 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-40,
DEPARTMENTAL ORGANIZATION, AND SECTION 2-43, POLICY AND
PROCEDURES; OF ARTICLE III., ADMINISTRATIVE CODE, OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY
CHANGING THE TITLE OF COUNTRY CLUB DIRECTOR TO COUNTRY
CLUB ADMINISTRATOR AND PROVIDING THAT THE DEPARTMENT
HEAD OF THE COUNTRY CLUB SHALL BE IMMEDIATELY
RESPONSIBLE TO THE COUNTRY CLUB ADMINISTRATIVE BOARD;
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 Norris seconded the
motion, and all present voted aye.
Councilman Valente moved that Bill 903 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING AND EXTENDING THE
DURATION OF ORDINANCE NO. 21-97 OF THE VILLAGE KNOWN AS
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Minutes of Regular Session
• Held Thursday, September 25, 1997
THE "INTERIM ZONING ORDINANCE" WHICH PROVIDED A
MORATORIUM ON APPROVAL AND ISSUANCE OF DEVELOPMENT
ORDERS FOR PROPERTIES LOCATED WITHIN THE INCORPORATED
AREAS OF THE VILLAGE BOUNDED BY LAKE WORTH ON THE EAST,
THE INTRACOASTAL WATERWAY ON THE SOUTH AND WEST AND
PGA BOULEVARD ON THE NORTH; 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. Vice Mayor O'Meilia seconded the
motion, and all present voted aye.
President Pro Tem Kelley left the meeting at 8:55 p.m.
RESOLUTION 58-97 'ADOPTED - PRELIMINARY CERTIFICATE OF
APPROPRIATENESS -PUBLIC SAFETY FACILITY
Councilman Norris moved that Resolution 58-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING THE PRELIMINARY CERTIFICATE OF
APPROPRIATENESS FOR THE PUBLIC SAFETY FACILITY ISSUED BY
THE VILLAGE PLANNING COMMISSION ON TUESDAY, AUGUST 12,
1997 INCLUDING ALL CONDITIONS AS SET FORTH IN THE OFFICIAL
MEETING MINUTES
be adopted. Councilman Valente seconded the motion.
During discussion, Vice Mayor O'Meilia moved to amend the Resolution by adding
another Section to read as follows: The Village Council shall review and approve the final
construction drawings prior to application to fhe Planning Commission for the Certificate
of Appropriateness. Councilman Valente seconded the motion, and all present voted aye.
Thereafter, the original motion passed 3-1, with Councilman Norris, Councilman Valente
and Mayor Vastola voting aye, and Vice Mayor O'Meilia voting nay. Vice Mayor O'Meilia
stated for the record that he voted against this Resolution because he objects to moving
the service road at this time to the west of the sewage lift station.
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Minutes of Regular Session
Held Thursday, September 25, 1997
RESOLUTION 59-97 ADOPTED -APPOINTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
By written ballot, copies of which are attached to the official Minutes of Record, the
Village Council appointed Mark Finney, Robert Harshman and Paul Lambrakis to the
Country Club Administrative Board. Thereafter, the names of the aforementioned
appointees were entered into Resolution 59-97.
Vice Mayor O'Meilia moved that Resolution 59-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE COUNTRY CLUB
ADMINISTRATIVE BOARD
be adopted. Councilman Norris seconded the motion, and all present voted aye.
RESOLUTION 60-97 ADOPTED - APPOINTING MEMBER TO THE PLANNING
COMMISSION
By written ballot, copies of which are attached to the office Minutes of Record, the Village
Council appointed Richard Freedman to the Planning Commission. Thereafter, the name
of Richard Freedman was entered into Resolution 60-97.
Councilman Valente moved that Resolution 60-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, APPOINTING A MEMBER TO THE PLANNING COMMISSION
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be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye.
RECESS
The meeting recessed at 9:50 p.m., and reconvened at 10:00 p.m.
RESOLUTION 61-97 ADOPTED - PBA-GENERAL CONTRACT
Councilman Norris moved that Resolution 61-97 entitled:
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Minutes of Regular Session
. Held Thursday, September 25, 1997
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR, VILLAGE CLERK AND VILLAGE MANAGER TO ENTER INTO
AN AGREEMENT BETWEEN THE VILLAGE AND PALM BEACH COUNTY
POLICE BENEVOLENT ASSOCIATION ATTACHED AS EXHIBIT "A"; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor O'Meilia seconded the motion.
During discussion, correction was made to Section 2. of the Agreement to include the
Village Manager as a party authorized to enter into the Agreement. This correction was
also made to the caption of the Resolution.
Thereafter, all in favor voted aye.
RESOLUTION 62-97 ADOPTED -APPOINTING MEMBERS TO NORTHLAKE BLVD.
TASK FORCE
• Councilman Valente moved that Resolution 62-97 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPOINTING TWO REGULAR
REPRESENTATIVES AND TWO ALTERNATE REPRESENTATIVES TO
THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor O'Meilia seconded the motion.
During discussion, consensus of Council was to name Vice Mayor O'Meilia and
Councilman Norris as the Regular representatives and V. A. Marks and Dennis Kelly as
the Alternate members.
Thereafter, all present voted aye.
PUBLIC SAFETY FACILITY -BUDGET CONSIDERATIONS
Vice Mayor O'Meilia moved to approve design development phase of Gee & Jenson
contract, including budget considerations, for proposed Public Safiety facility. Councilman
Valente seconded the motion.
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Minutes of Regular Session
• Held Thursday, September 25, 1997
During discussion, it was the consensus of Council to remove the proposed wall from the
construction drawings, with Public Services Director Tom Hogarth to be responsible for
the wall. The architect will continue to be responsible for the landscaping plan. The area
inside the security fence is to be reduced, reducing the proposed four gates to two gates.
Thereafter, the motion passed 4-0.
CHANGE ORDER APPROVED FOR OSBORNE PARK CONCESSION STAND
Councilman Valente moved to approve change order and budget transfer in the amount
of $564.25 for a concrete beam for additional reinforcement for the new concession stand
at Osborne Park. Councilman Norris seconded the motion, and all present voted aye.
CHANGE ORDER APPROVED FOR COMMUNITY CENTER BALL FIELDS
Councilman Valente moved to approve change order and accompanying budget transfer
in the amount of $9,175.00 from K8033-49920 (Comm. Center Ball Field-Const. Reserve)
• to K8033-66200 (Buildings) for the purpose of increasing the diameter and depth of
irrigation well for the ball fields at the Community Center. Vice Mayor O'Meilia seconded
the motion, and all present voted aye.
KIWANIS CLUB DONATION -TABLED
Councilman Norris moved to authorize the use ofi the Kiwanis Club donation for the
retaining of a landscape planner for the purpose of developing a landscape plan for
Lakeside Park. Councilman Valente seconded the motion.
Vice Mayor O'Meilia moved to table the motion until the next meeting. Councilman Norris
seconded the motion, and all present voted aye.
HIRING FREEZE LIFTED ON PUBLIC SAFETY OFFICER POSITION
Councilman Valente moved to lift the hiring freeze on a Public Safety Officer position (job
code #5711-0134) in the Public Safety Department; reference position audit and needs
assessment submitted in accordance with the hiring freeze policy. Vice Mayor O'Meilia
seconded the motion, and all present voted aye.
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Minutes of Regular Session
• Held Thursday, September 25, 1997
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
10:40 p.m.
athleen F. Kell C, Village Q Jerk
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