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01-23-2003 VC REG-MMINUTES OF THE REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 23, 2003 Present: Edward M. Eissey, Mayor Don Noel, Vice Mayor 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: Joseph Tringali, President Pro Tem ROLL CALL Mayor Eissey called the meeting to order at 7:30 p.m. All members of the Council were present except President Pro Tem Tringali, 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. REPORT OF THE MAYOR Mayor Eissey reported on the Palm Beach County League of Cities and the Forum Club meeting. STATEMENTS FROM THE PUBLIC Bill McDermott, 447 Marlin Road, told the Council that the Minutes of the Country Club Advisory Board meeting held on December 2, 2003 did not include the correct recommendation made by the Board regarding renovation at the Country Club. Mr. McDermott stated that the recommendation included funding the cost of renovation out of the General Fund instead of the Country Club Fund. The Clerk was directed to notify the Chairman of the Country Club Advisory Board to look into the matter and make the correction, if needed. CONSENT AGENDA APPROVED • Minutes of Regular Session Held Thursday, January 23, 2003 • Councilman O'Meilia moved to approve the Consent Agenda as written. Vice Mayor Noel seconded the motion, and all present voted aye. The following items were approved: a. Received for file the Minutes of the Planning Commission meeting held 12/3/02 b. Received for file the Minutes of the Recreation Advisory Board meeting held 12/10/02 c. Received for file the Minutes of the Country Club Advisory Board meeting held 1/6/03 d. Received for file the Minutes of the Zoning Board of Adjustment meeting held 3/19/02 e. Adopted Resolution 6-03 calling for a General Election in the Village to be held on March 11, 2003 and appointing the election officials for said election E Designated Theresa LePore, Supervisor of Elections, or her designee, as a Canvassing Board member for the Village Election on March 11,2003, and as the Village's representative for the Logic and Accuracy testing of the tabulating equipment on Monday, March 3,2003, and the runoff election, should there be one. REPORTS OF SPECIAL COMMITTEES Councilman O'Meilia gave a status report on Palm Beach County's exotic invasive plant ordinance, acounty-wide ordinance, which they are preparing to enact. The effect on the Village will be removal of carrotwood trees and scheffeleras by the year 2008. Mr. O'Meilia stated that the County is planning an incentive program for the removal of the invasive plants. If the Village "opts out" of the ordinance, it would have to enact its own ordinance at least as stringent as the County's, and the Village would be responsible for enforcing it. Additionally, the Village would lose the benefit of the incentive program. BILL 1091 - APPROVING A COMMERCIAL P.U.D. -PLACED ON FIRST READING Councilman Norris moved that Bill 1091 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH • PALM BEACH, FLORIDA, APPROVING A COMMERCIAL PLANNED UNIT DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE CORNER OF NORTHLAKE BOULEVARD AND U.S. HIGHWAY 1 (FORMERLY KNOWN 2 Minutes of Regular Session Held Thursday, January 23, 2003 • AS THE TWIN CITY MALL) LOCATED IN C-3 REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS ATTACHED HERETO AS EXHIBITS, WHICH PLANS ARE EXPRESSLY MADE A PART HEREOF; ESTABLISHING PROJECT SPECIFIC DEVELOPMENT STANDARDS; 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 Noel seconded the motion During discussion, developer Mike Sabatello asked for clarification regarding the location and size of the two monument signs. Mr. Sabatello further agreed to return to the joint Planning Commissions at a later date for approval of the tenant signs. Although the plans did not show revision of the signs, Mr. Sabatello went on record as saying no tenant names shall be included on the monument signs. Tenant signs will be located on the building. Mr. Baldwin further stated that the P.U.D. ordinance supersedes whatever is on the plans. Mr. Sabatello was directed to update the plans in compliance with the ordinance prior to the second reading on February 13, 2003. Additionally, it was directed that, prior to second reading, the ordinances be revised so that Lake Park's ordinance and North Palm Beach's ordinances are exactly the same. Councilman Norris moved to amend by adding language to read: "the location of said signs as shown is approved". Councilman O'Meilia seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 4-0. Direction was given that the Lake Park ordinance would have to reflect the same change and that Lake Park will have to agree to it prior to second reading. Mr. Sabatello stated that he would coordinate the changes with Lake Park and Mr. Baldwin. ORD. 02-2003 ENACTED - AMENDING POLICE AND FIRE PENSION RETIREMENT PLAN Vice Mayor Noel moved that Bill 1092 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 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 3 Minutes of Regular Session Held Thursday, January 23, 2003 • 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 second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman Norris moved to enact Bill 1092 as Ordinance 02-2003. Vice Mayor Noel seconded the motion, and all present voted aye. RESOLUTION 07-2003 ADOPTED - AMENDING AGREEMENT WITH HR MANAGEMENT PARTNERS. INC. (HRMPI Councilman O'Meilia moved that a resolution amending the agreement with HR Management Partners, Inc. (HRMP) be taken from the table. Vice Mayor Noel seconded the motion, and all present voted aye. Vice Mayor Noel moved that Resolution 07-2003 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 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. be adopted. Councilman Norris seconded the motion. During discussion, the Cotmcil agreed by consensus that current Rules and Regulations be put together as one document. Recommendations regarding legal compliance should be done separately, and determination will be made by the Council whether it wants to make changes at a later date. Staff will not be asked to submit changes. Councilman O'Meilia moved to amend the agreement by deleting Paragraph 4.10.b. Councilman Nonis seconded the motion, and all present voted aye. Vice Mayor Noel moved that all resolutions that have passed since May 1997 be included. Any necessary changes should be presented separately, along with any other recommendations or modifications. Councilman Norris seconded the motion and all • present voted aye. 4 Minutes of Regular Session Held Thursday, January 23, 2003 • Thereafter, the motion to adopt the resolution passed 3-1, with Vice Mayor Noel, Councilman Norris and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. RESOLUTION -BANK LOAN WITH SOUTHTRUST BANK By consensus, the Council agreed to waive the full reading of the Resolution. Councilman Norris moved that Resolution 08-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF PROMISSORY NOTES OF THE VILLAGE IN THE PRINCIPAL AMOUNTS OF $271,000 AND $132,000 TO FINANCE VARIOUS CAPITAL EXPENDITURES; PROVIDING THAT SUCH NOTES SHALL BE LIMITED OBLIGATIONS OF THE VILLAGE PAYABLE FROM NON AD VALOREM REVENUES OF THE VILLAGE; PROVIDING FOR THE RIGHTS, SECURITY AND REMEDIES FOR THE OWNER OF SUCH NOTES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE Be adopted. During discussion, Village Attorney George Baldwin stated to the Council that Section 9 on the Agreement which requires that the Village maintain its principal account with Southtrust Bank until the note is repaid has being deleted. Vice Mayor Noel seconded the motion, and all present voted aye. FPPTA CONFERENCE -FINANCIAL DOCUMENTATION The Council continued its discussion regarding the financial documentation for the FPPTA Conference attended by staff in January 2002. The consensus of Council was to direct the Village Manager to cancel his plans to go to the next scheduled Pension Conference; further, the decision to attend Palm Beach County Day in Tallahassee will be made at a later meeting. Village Manager Dennis Kelly was directed to complete the list of questions which had been submitted for his reply prior to this meeting and to bring back complete documentation of the all the questions on that list. NORTH SUBSTATION -PROPERTY • Councilman Norris moved to direct the north substation committee to negotiate a contract with monastery representatives for the purchase of land for the north substation. Councilman O'Meilia seconded the motion, and all present voted aye. 5 Minutes of Regular Session Held Thursday, January 23, 2003 • Village Manager Dennis Kelly was directed to furnish the Council with a sketch of the property. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:45 p.m. V//~~ Cat Teen F. Kelly, CMC ~ •