08-28-2003 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 28, 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 staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Noel gave the invocation, and Councilman Eissey 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 8/14/03
CONSENT AGENDA APPROVED
Vice Mayor O'Meilia moved to approve the Consent Agenda. Councilman Noel seconded the
motion, and all present voted aye. The following items were approved:
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 5/7/03
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 5/12/03
Accepted for file the Minutes of the Library Advisory Board meeting held 7/22/03
Accepted for file the Minutes of Code Enforcement Board meeting held 8/5/03
Accepted for file the Minutes of the Recreation Advisory Board meeting held 8/12/03
• Adopted Resolution 42-2003 approving final plat of Marbella Villas Phase 1
Minutes of Regular Session
Held Thursday, August28, 2003
• Adopted Resolution 43-2003 amending transportation allowance and rates of per diem
and subsistence allowance of the travel policy of the Village
Adopted Resolution 44-2003 increasing the fee schedule for emergency medical service
transport performed by the Village
Approved budget transfer in the amount of $30,500 to fund salary adjustments for 4
positions; from various payroll accounts and postage account to A5540-49915 (Reserve-
Raises & Benefits)
Approved salary adjustments for four positions
Approved budget transfer in the amount of $11,500 from various accounts to A5540-
49911 (Council Contingency) to replenish the Council Contingency account
Approved North Palm Beach Country Club Rules and Regulations for 2003-2004
VILLAGE MANAGER'S REPORT
Public Services Director Duke Johnson commended the Special Response Team (SRT) members
for all their efforts in avoiding injuries or life-threatening conditions in an incident occurring on
a Saturday morning on Honey Road. Chief Johnson also recognized EMS Manager Jack
Watrous and his Department for achieving a 5-star rating.
The Village Council authorized Acting Village Manager Doug Smith to make the annual
contribution to the Boat Parade, and to make up the shortage of $50 to $100 in the account from
another account.
Dave Decker of East Bay Group addressed the Council regarding the status of the Phase 2
Dredging Project. Mr. Decker informed the Council that the dredging has begun. Mr. Decker
reported also that at apre-construction meeting, the dredging contractor presented a survey
which shows about 35% more material in the canals than shown in prior surveys (an additional
2,500 cubic yards) and therefore will be requesting additional compensation at the next meeting.
Mr. Decker is asking that action be taken in that regard as soon as possible. The Change Order
will be brought before the Council at the Regular Session of September 11, 2003.
Councilman Eissey presented a list of questions and recommendations regarding the use of cell
phones and documentation for payment, work time used for personal calls, and credit cards.
Policies will be forthcoming on Workshop agendas. Other questions posed by Dr. Eissey will be
answered prior to the next meeting.
• BILL 1111 -AMENDING COMPREHENSIVE PLAN -FUTURE LAND USE -PLACED
ON FIRST READING
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Minutes of Regular Session
Held Thursday, August28, 2003
• Vice Mayor O'Meilia moved that Bill 1111 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02-1.1 TO THE ADOPTED
COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN
ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS
163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS
EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; AMENDING FIGURE 3-
18 (FUTURE ANNEXATION AREAS) OF THE FUTURE LAND USE MAP SERIES;
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 Eissey seconded the motion, and
all present voted aye.
BILL 1112 -AMENDING COMPREHENSIVE PLAN -TEXT CHANGES -PLACED ON
FIRST READING
Vice Mayor O'Meilia moved that Bill 1112 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02-1.2 TO THE ADOPTED
COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN
ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS
163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS
EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING TEXT
CHANGES TO SPECIAL POLICIES 5.8 AND 5.11 OF THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN 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
be placed on first reading and read by title alone. Councilman Eissey seconded the motion, and
all present voted aye.
BILL 1113 - AMENDING COMPREHENSIVE PLAN -PROSPERITY FARMS RD.
GRACES DESIGNATION -PLACED ON FIRST READING
Councilman Noel moved that Bill 1113 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AMENDMENT NO. 02.-13 TO THE DADOPTED
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Minutes of Regular Session
Held Thursday, August28, 2003
• COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN
ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS
163.3161, ET DEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS
EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; ADDING A POLICY
DESIGNATING PROSPERITY FARMS ROAD FROM NORTHLAKE BOULEVARD TO
BURNS ROAD WITHIN THE VILLAGE OF NORTH PALM BEACH AS A CONSTRAINED
ROAD AT A LOWER LEVEL OF SERVICE (GRACES) FACILITY; 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 read and read by title alone. Councilman Eissey seconded the motion, and all
present voted aye.
BILL 1114 - AMENDING CODE -DRIVEWAYS. SURFACES AND OFF-STREET
PARKING SPACES -PLACED ON FIRST READING
Vice Mayor O'Meilia moved that Bill 1114 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CODE OF
ORDI8NANCES OF THE VILLAGE RELATING TO SIDEWALKS, OFF-STREET
PARKING SPACES AND DRIVEWAYS; AMENDING SUBSECTION "BUILDINGS,
STRUCTURES" OF 307.4, CARE OF PREMISES, AND ADDING A SECTION 101.3.4 TO
SECTION ] 5-2, SAME-AMENDMENTS, OF CHAPTER 15, HOUSING; AMENDING
SUBSECTIONS (a)(1) AND (c) OF SECTION 24-43, SPECIFICATIONS, OF ARTICLE III,
SIDEWALKS AND DRIVEWAYS, OF CHAPTER 24, STREETS, SIDEWALKS AND
PUBLIC PLACES; REPEALING SECTION 24-45, INSPECTION FEES; DEPOSITS
PENDING APPROVAL; AMENDING SUBSECTION E, OFF-STREET PARKING
REGULATIONS, OF SECTION 45-27, R-1 SINGLE-FAMILY DWELLING DISTRICT, OF
ARTICLE III, OF APPENDIX C-ZONING; 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 Noel seconded the motion, and
all present voted aye.
RESOLUTION 45-2003 ADOPTED -EQUITY STUDY COMMISSION
Councilman Noel moved that Resolution 44-2003 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING AN EQUITY STUDY COMMISSION CONSISTING OF
FIVE REPRESENTATIVES OF THE BUSINESS COMMUNITY WITHIN THE MUNICIPAL
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Minutes of Regular Session
Held Thursday, August28, 2003
• BOUNDARIES OF THE VILLAGE; PROVIDING THAT THE DUTIES OF THE
COMMISSION SHALL BE TO PROVIDE WRITTEN RECOMMENDATIONS TO THE
VILLAGE COUNCIL AS TO CHANGE IN RATE STRUCTURE FOR OCCUPATIONAL
LICENSES OF THE VILLAGE; PROVIDING THAT THE EQUITY STUDY COMMISSION
SHALL BE DISSOLVED UPON FURNISHING ITS WRITTEN RECOMMENDATIONS TO
THE VILLAGE COUNCIL; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye.
RESOLUTION 46-2003 ADOPTED -CONTRACT FOR POOL MANAGER
Vice Mayor O'Meilia moved that Resolution 46-2003 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 WITH RICHARD E. CAVANAH, INC., A
FLORIDA CORPORATION, ATTACHED AS EXHIBIT `A", WHICH AGREEMENT IS FOR
THE PURPOSE OF SECURING A POOL MANAGER FOR THE SWIMMING POOL AND
ITS OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD
FROM OCTOBER 1, 2003 TO SEPTEMBER 30, 2005; AND PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Councilman Eissey seconded the motion.
During discussion, the Council, by consensus, agreed that the strikethroughs in 3.B regarding
hours of operation should be put back in. Additionally, the insurance limit in 3.D. was changed
from $100,000/$300,000 to $1,000,000 combined, and the term of the agreement would be two
years. The Council agreed that if the required added insurance is cost prohibitive, the contract
will come back to the Council for amendment. Further, language will be added to require all
non-members to be charged daily guest fees. Village Attorney George Baldwin asked Mr.
Cavanah if he is in agreement with all the changes, and Mr. Cavanah stated he would sign the
contract.
Thereafter, the motion passed 5-0.
RESOLUTION 47-2003 ADOPTED -CONTRACT FOR TENNIS PROFESSIONAL
Councilman Noel moved that Resolution 47-2003 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 WITH MARCEL AGNOLIN, ATTACHED AS
• EXHIBIT `A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING A TENNIS
DIRECTOR FOR THE TENNIS FACILITIES AND ITS OPERATIONS AT THE NORTH
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Minutes of Regular Session
Held Thursday, August28, 2003
• PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 2003 TO .
SEPTEMBER 30, 2005; AND PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Tringali seconded the motion.
Various members of the public addressed the Council regarding the renewal of Mr. Agnolin's
contract.
During discussion of alleged violations by Mr. Agnolin, ,Village Attorney George Baldwin
opined that Mr. Agnolin does have the right to bring in an Assistant Pro with approval of the
Village Council, and the fact that the Assistant Pro is an independent contractor does not violate
the provision that deals with the contracting of services. Mr. Baldwin stated that a letter from
Mr. Dumas was sent to the Village stating that he paid Mr. Agnolin for court rental. Mr.
Agnolin's response to that letter is that the money collected was a cut of the lessons, as agreed
upon with Mr. Dumas, not court rental. Mr. Agnolin stated that any court rentals collected by
him were remitted to the Village.
Regarding another allegation pertaining to an employee's time card being changed by Mr.
Agnolin, Mr. Baldwin stated that Mr. Agnolin's changing of the time card hours was
inappropriate.
The Council, by consensus, agreed that the strikethroughs in 3.B regarding hours of operation
should be put back in. Additionally, the insurance limits in 3.D. were changed from
$100,000/$300,000 to $1,000,000 combined, and the term of the agreement will be two years.
The Council further agreed that if the required added insurance is cost prohibitive, the contract
will come back to the Council for amendment. On Page 7, paragraph E., a sentence will be
added to say "all charges by such professionals shall be collected by Agnolin. Mr. Agnolin was
asked by Village Attorney George Baldwin if he is in agreement with all the changes, and Mr.
Agnolin stated that he is in agreement and will sign the contract.
Thereafter, 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.
VILLAGE MANAGER APPLICANTS - SHORTLIST APPROVED
Colin Baenziger was present to offer his recommended shortlist of seven applicants for the
position of Village Manager. President Pro Tem Tringali moved to interview all seven
candidates on September 12`" and 13`h, and to pay travel expenses for the candidates and their
spouses. Councilman Noel seconded the motion, and all present voted aye.
CERTIFICATION PAY ADNSTMENTS APPROVED
• Vice Mayor O'Meilia moved to approve Option A for the implementation of certification pay
adjustments in the General Fund for certain Village employees. President Pro Tem Tringali
seconded the motion, and all present voted aye.
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Minutes of Regular Session
Held Thursday, August28, 2003
• With no further business to come before the Council, the meeting adjourned at 11 p.m.
•