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11-14-2002 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 14, 2002 Present: Dr. Edward M. Eissey, Mayor Don Noel, Vice 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 IZOLI. CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of the Council were present. All members of staff were present. 1NVOCA7'ION AND PLEDGE OF ALLEGIANCE Vice Mayor 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 10/24/02 REPORT OF THE MAYOR Mayor Eissey provided to the Council a copy of a letter from William Strawbridge of Sotheby's International Realty regarding his client's interest in purchasing the Norih Palm Beach golf course. T'he Council unanimously agreed that it is not interested in selling the golf course, and directed the Village Clerk to prepare a response of no interest to Mr. Strawbridge for the Mayor's signature. Mayor Eissey proclaimed the month of November as Joey Bergsma Retinoblastoma Awareness • Month in the Village of North Palm Beach. Pam Bergsma was present to accept the Proclamation. Minutes of Regular Session Held November 14, 2002 • CONSENT AGENDA APPROVED Councilman O'Meilia moved to approve the Consent Agenda. Vice Mayor Noel seconded the motion, and all present voted aye. The following items were approved: a. Received for file the Minutes of the Code Enforcement Board meeting held 10/7/02 b. Received for file the Minutes of the Country Club Advisory Board meeting held 10/7/02 c. Received for file the recommendation of the Country Club Advisory I3oard (Minutes of 10/7/02) that the Village Council "reject the recommendation by the National Golf Foundation for Golf Professional services" d. Adopted Resolution 55-2002 adopting the Employee Suggestion Program e. Adopted Resolution 56-2002 authorizing the Mayor and Village Clerk to sign an accreditation agreement with the Commission for Florida Law Enforcement Accreditation, Inc. for the purpose of the Department of Public Safety becoming an accredited law enforcement agency in the State of Florida ILEI'OI2TS OF SPECIAL COMMITTEES Councilman Norris reported that the North Substation Committee attempted to have a meeting with the attorney for the monastery, but was unable to reach him. The committee met last week and recommended that the Village Attorney send a letter to the attorney for the monastery stating that the Village requests a response stating their position, and if one was not received, the conunittee would be suggesting condemnation proceedings. Village Attorney George Baldwin reported that he had received a response by telephone from Attorney Joe Ackerman, who said he had been in mediation for the past ten days, but that he would send a letter to the Village by the end of the week. Upon inquiry, Village Manager Dennis Kelly stated that he had located a letter from Florida Power & Light dated a year ago regarding their property, and further, a letter had been sent to 7'he Benjamin School in April 2002, to which there had been no reply. Mr. Kelly said that he put a call in to the interim Headmaster Peter Graham before going on vacation, but has not called since his return. He further added that the two aforementioned letters were in the Public Services llirecta's file, and he would get a copy to the Council. Mr. Ke11y added that he did receive a verbal reply from The Benjamin School regarding the April letter, which was negative, as was tl~c response from Florida Power & Light. Mr. Kelly was directed to follow up with the Benjamin School before bringing this back to the Council for recommendation on condemnation. • Councilman O'Meilia requested a copy of the Florida Power & Light letter. Minutes of Regular Session Held November 14, 2002 • Councilman O'Meilia reported that the Palm Beach County League of Cities will meet in Atlantis on November 27, 2002 at 1030 a.nr. for its amoral meeting with state legislators. The League of Cities and the Palm Beach County Commission will submit a local bill regarding annexation, as well as several other items that will affect the Village in the future. Additionally, the 77i-Cities annual barbecue will be held on December 13, 2002 at 12 noon. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reminded the Council that the November 28th Council meeting is suspended due to the Thanksgiving holiday, and a Special meeting is scheduled for November 21, 2002 for the first reading of the proposed Charter Amendments. The Holiday Boat Parade is scheduled for December 7th. Further Mr. Kelly told the Council that he was in Orlando for the day to attend the first day of the Florida League of Cities Legislative Conference. He will forward a report of the topics discussed to the Council's reading file. Staff was directed that the 5-10-15-year plan be updated to reflect all changes, especially the maja• changes in the Public Safety Department and the Country Club. This update will be necessary for the January budget meeting that will be scheduled. It was requested that the schedule for garbage pickup be advertised in the December newsletter, as well as the Palm Beach Post for the Thanksgiving notice. It was noted that questions posed by Lucia Traugott were answered in part via letter from the Village Manager, but some remain to be answered. The Clerk was directed to put this on the Action Log. Request was made for explanation of exceptions to Personnel Rules and Regulations that was offered to the Public Safety Director when he was hired regarding vacation time, house-hunting trips and moving expenses, and under whose authority. (June 29, 1999 letter). Public Services Director Kristine Frazell gave a status report of various projects. Vice Mayor Noel reported that the blinking red light on U. S. 1 at the Fire Station did riot activate when the fire truck came out of the station to answer a call. Several cars slammed ai their brakes to avoid the truck. 7'he Action Log was reviewed. Discussion took place concerning the mold problem at the north substation trailer. The Public Safety Director recommended that the personnel housed at the trailer be moved back to the main station until the trailer is replaced. The Village is requesting that the replacement be new, since the trailer in question was a used one when it was installed. • Bll.t. 1079 -VILLAGE LOGO -PLACED ON FIRST READING Councilman O'Meilia moved to approve first reading of Bill 1079 entitled: Minutes of Regular Session }Ield November 14, 2002 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A NEW SECTION 1-10 ENTITLED "VILLAGE LOGO" TO CHAPTER 1, GENERAL PROVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR THE OFFICIAL ADOPTION OF THE VILLAGE LOGO; llESCRIBING THE VILLAGE LOGO; PROVIDING THAT THE VILLAGE LOGO MAY ONLY BE UTILIZED FOR OFFICIAL VILLAGE OF NORTH PALM BEACH BUSINESS OR UPON THE WRIT"I'EN APPROVAL BY THE VILLAGE COUNCIL; PROVIDING THAT 7'I IE VILLAGE COUNCIL MAY GRANT APPROVAL FOR THE USE OF THE LOGO FOR A PROPER PURPOSE; PROVIDING THAT THE VILLAGE COUNCIL MAY ADOPT REASONABLE RULES FOR THE MANUFACTURE, USE, FACSIMILE OR REPRODUCTION OF THE LOGO; PROVIDING FOR PENALTIES; PROVIDING F'OR REGISTRATION AS A SERVICE MARK WITH THE SECRETARY OF THE STATE OI' FLORIDA UNDER CHAPTER 495 OF THE FLORIDA STATUTES; PROVIDING FOR SFiVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS 0]' ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 13e placed on first reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. During discussion, Village Attorney George Baldwin opined that if variations in the logo are used and causes confusion with the actual logo in the minds of the public, the Village would have the right to ask them to cease and desist. Mr. Baldwin further stated that a logo using the words "North Palm Beach Country Club" instead of "Village of North Palm Beach" would not be protected as the logo under this ordinance. RESOLUTION AMENDING AGREEMENT WITH HR MANAGEMENT PARTNERS, INC. - TABLED Vice Mayor Noel moved to adopt a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE? CI,hRK 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. lluring discussion, Assistant Village Manager Doug Smith asked that this item be tabled to • afford staff time to amend the budget for funding. In response to a citizen's complaint that he cannot get answers to his questions concerning the salary survey without an hourly charge by HRMP, Councilman Norris agreed that the questions are basic, and stated that if the Council 4 Minutes of Regular Session Held November 14, 2002 • wants those answers, HRMP should provide them without additional charge. Mr. Smith was directed to ask for those answers and to make it clear that there is to be no charge, as the Council is interested in having them also. Vice Mayor Noel moved to table this item until the next Regular Session. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 57-2002 ADOPTED - ESTABLISHING BUDGETARY POLICY FOR RI3PI.ACEMENT OF FLEET AND VEHICLE ASSETS AND CONTINGENT EXPENSES President Pro Tem Tringali moved that Resolution 57-2002 entitled: A IZL'SOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OP NORTH PALM BRACH, FLORIDA, ESTABLISHING BUDGETARY POLICY MATTERS TO BE CONSIDERED AND ACTED UPON BY THE VILLAGE COUNCIL; PROVIDING THAT AN ESTIMATE OF EXPENDITURES IN THE BUDGET FOR ALL DEPARTMENTS OF 7'lIE VILLAGE SHALL INCLUDE AN AMOUNT TO FUND REPLACEMENT OF FLEET AND VEHICLE ASSETS AND MAINTENANCE OF INFRASTRUCTURE; PROVIDING FURTHER THAT THE ESTIMATE OF EXPENDITURES FOR THE GENERAL FUND OF 7'lIE VILLAGE SHALL INCLUDE AN AMOUNT FOR CONTINGENT EXPENSES; AND, PROVIDING FOR AN EFFECTIVE DATE I3e adopted. Councilman O'Meilia seconded the motion. lluring discussion, Councilman O'Meilia moved to amend by adding a new Section 2 limiting the use of the Council's contingency fund for emergencies or unforeseen expenses and not for on-going expenditures. Vice Mayor Noel seconded the motion. The motion failed 2-3, with Councilman O'Meilia and Vice Mayor Noel voting aye, and Councilman Norris, President Pro Tem 17ingali and Mayor Eissey voting nay. 'thereafter, the original motion passed 5-0. EVALUATION CRITERIA APPROVED ]'resident Pro Tem Tringali moved to approved the evaluation criteria for the Village Manager, as established at the Council Workshop of 10/16/02. Vice Mayor Noel seconded the motion. During discussion, it was clarified that Bullet No. 2 would not negatively impact the Village Manager's evaluation if an individual Councilman did not want to meet during a particular week. further, Bullet No. 5 was clarified to state "all letters received from citizens that request a response or from third parties involved with Village business". The Council unanimously agreed on these clarifications. Councilman O'Meilia moved to amend the evaluation criteria by adding the employee survey which was discussed during the 10/16/02 meeting. Vice Mayor Noel seconded the motion, and • all present voted aye. 5 Minutes of Regular Session Held November 14, 2002 • "Thereafter, the original motion, as amended, passed 4-1, with President Pro Tem Tringali, Vice Mayor Noel, Councilman Norris and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. }:MERGENCY PURCHASE OF REPLACEMENT POOL HEATER APPROVED Councilman O'Meilia moved to approve the emergency purchase of a replacement swimming pool heater in the amount of $41,740 at the North Palm Beach Country Club swinuning pool. President Pro Tem Tringali seconded the motion. During discussion, it was noted that the price of $41,740 includes installation. 'Thereafter, all present voted aye. BUDGET TRANSFER APPROVED FOR POOL HEATER PURCHASE Councilman Norris moved to approve a budget transfer in the amount of $42,000 from L8070- 49910 (Country Club Contingency) to L8051-66490 (Machinery & Equipment-Pool) for the purpose of purchasing a replacement heater at the North Palm Beach Country Club swimming pool. Vice Mayor Noel seconded the motion, and all present voted aye. INTERNAL AUDITOR - RFP'S Councilman Norris moved to direct staff to prepare Request for Proposals for an independent contractor to perform internal auditing functions as directed by the Council on an "as needed" "as requested" basis. President Pro Tem Tringali seconded the motion. During discussion, staff was directed to direct the Requests for Proposals to Certified Internal Auditors. The motion passed 4-1, with Councilman Norris, President Pro Tem Tringali, Councilman O'Meilia and Mayor Eissey voting aye, and Vice Mayor Noel voting nay. ROAD CLOSURES - S. W. NEIGHBORHOOD -APPROVED ON TRIAL BASIS Vice Mayor Noel moved to direct staff to close three roads (Honey Road, Conroy Drive and Lorraine Ct.) in the S. W. Neighborhood for ninety (90) days on a trial basis. Cormcilman O'Meilia seconded the motion. lluring discussion, Village Attorney George Baldwin advised the Council to hire a consultant to do a study for three reasons: 1) the effect on surrounding traffic is unknown, as is the effect on other jurisdictions and their roads; 2) it is important to determine if public safety (fire trucks) can get down the road quickly, and 3) if the closings are contested by a lawsuit and no study has been done, there is no way to defend the closures. He further went on to say that the Council can close the roads a~ a test basis, but if it becomes permanent, his recommendation would be to • have a study conducted. "thereafter, the motion passed 5-0. Minutes of Regular Session Ueld November 14, 2002 • ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:55 p.m. ~~ at ileen F. Kelly, CMC, Village Clerk • 7