12-10-1998 VC REG-MMINUTES OF REGULAR SESSION
OF THE
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 10, 1998
Present: David B. Norris, Mayor
Charles O'Meilia, Vice Mayor
Dr. Edward M. Eissey, President Pro Tem
Gail H. Vastola, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, Deputy 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 stafFwere present, except Village Clerk Kathleen Kelly, who was absent due
to illness.
INVOCATION AND PLEDGE OF ALLEGIANCE
• Vice Mayor O'Meilia gave the invocation, and President Pro Tem 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 11/12/98
Minutes of Public Hearing held 11/18/98
Minutes of Special Session held 11/18/98
Minutes of Special Session held 12/1/98
REPORT OF THE MAYOR
On behalf of the Village Council, Mayor Norris presented a Certificate of Appreciation to
Lieutenant W. Clay Walker and Sergeant Thomas Parks in recognition of their 20 years of
service with the Village of North Palm Beach Department of Public Safety.
• CONSENT AGENDA APPROVED
Minutes of Regular Session
held Thursday, December 10, 1998
After removing Item I. from the Consent Agenda, Vice Mayor O'Meilia moved to approve the
Consent Agenda. President Pro Tem Eissey seconded the motion, and all present voted
aye. The following items were approved:
Receive Minutes of Library Advisory Board Meeting held 10/27/98
Receive Minutes of Planning Commission Meeting held 10/13/98
Receive Minutes of Code Enforcement Board Meeting held 11/2/98
Receive Minutes of Country Club Administrative Board Meeting held 1112198
Receive Minutes of Planning Commission Meeting held 11/10/98
Receive Minutes of Recreation Advisory Board Meeting held 11/10/98
Receive for file the recommendation of the Library Advisory Board that the
Village Council move ahead on disposition of the Herb Watt Building, "which
will free up space for additional parking"
Receive for file the recommendation of the Planning Commission to approve
the site plan for Prosperity Harbor North "as submitted subject to landscaping
for townhouse phase to be resubmitted and subject to conditions outlined in
letter dated 10/12/98 from Mr. Ben Ogle and resubmission of Monet Road exit
details"
Receive for file the recommendation of the Planning Commission that the
Village Council "approve a proposed amendment, prepared by staff, to Section
6-115, Permitted Accessory Signs including the following condition: the logo
portion of the sign cannot exceed 50% of the allowable sign area"
Receive for file the recommendation of the Planning Commission that the
Village Council "approve a proposed amendment to Section 6-59, Approval by
Planning Commission regarding repainting commercial structures"
Adopt resolution opposing HB 3075 relating to municipal firefighters and police
officers pension trust funds
Adopt resolution accepting the annual vendor contracts for labor and materials
as awarded by Palm Beach County, the State of Florida, the Palm Beach
• County Cooperative Purchasing Council, and other governmental agencies
2
Minutes of Regular Session
held Thursday, December 10, 1998
Approve scope of services developed for RFP's to operate the restaurant at the
NPB Country Club
Lift hiring freeze for street laborer position in the Dept. of Public Services (job
code #7321-0108); per needs assessment and position audit
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly asked Council approval to designate Finance Director Shaukat
Khan as Acting Village Manager. Councilman Vastola moved to appoint Mr. Khan as Acting
Village Manager. President Pro Tem Eissey seconded the motion, and all present voted aye.
A walking tour of the new Public Safety facility was scheduled for Tuesday, December 15th
at 5:00 p.m.
Mr. Kelly introduced Acting_Public Safety Director John Atwater. Mr. Kelly reported that
applications for Public Safety Director are being accepted through December 21, 1998, and
a committee has been formed to review the applications, rank the top ten applicants, and
interview the top five applicants.
Mr. Kelly informed the Council that the new Information Systems Specialist will start work on
January 4, 1999.
Vice Mayor O'Meilia asked for a status report on the design of the Village Hall remodeling
and the Herb Watt building and parking lot. Public Services Director Tom Hogarth stated
that this is a budgeted item for the present fiscal year, and requests for qualifications for
designers will be sent out within six weeks.
Mayor Norris asked for an update on the status of the U.S. Highway One landscaping at the
driving range. Mr. Kelly stated that two proposals from landscape architects have been
received, and a selection will be made after receipt of a third proposal.
EX PARTE COMMUNICATIONS
Vice Mayor O'Meilia reported a phone call on 11/11/98 from Kris Garrison regarding the
landscape plan for Prosperity Harbor North.
Mr. Kelly referred to his memo to the Council regarding the Christopher's Florist issue,
wherein he recommended that the Council refer any calls on the matter to the Village
Manager or Village Attorney. Mr. Kelly stated that there is a thirty day period in which to
. appeal the ruling of the Code Enforcement Board to the Circuit Court. Because the appeal
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Minutes of Regular Session
• held Thursday, December 10, 1998
period has expired, Mr. Kelly advised the Council that they may discuss the issue with callers
if they wish, but he would still encourage them to refer calls to staff.
Councilman Vastola related that the Country Club Administrative Board, at their meeting on
12/7/98, asked the Council to address the issue of catering at the restaurant through the
month of February. Councilman Vastola reported that the MGA and WGA hold their annual
parties in March, and would like to use the restaurant for these events. Discussion took
place regarding the month construction is expected to begin. Councilman Vastola moved
to allow catering in the evenings or special events during the day, through the end of March.
The motion was seconded by President Pro Tem Eissey and all present voted aye.
BILL 933 -AMENDING DUTIES OF RECREATION ADVISORY BOARD -PLACED ON
SECOND READING AND ENACTED AS ORDINANCE 27-98
Vice Mayor O'Meilia moved that Bill 933 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING SUBSECTION (a) OF SECTION 20-66,
DUTIES, OF ARTICLE III, RECREATION ADVISORY BOARD, OF CHAPTER
• 20, PARKS, PLAYGROUNDS AND RECREATION, OF THE CODE OF
ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE .BOARD'S
ADVISORY DUTIES EXTEND TO AND INCLUDE VILLAGE WATERWAYS;
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 Eissey seconded
the motion. The Village Manager was directed to send a letter to the Recreation Advisory
Board clarifying their duties. Thereafter, the motion passed unanimously.
Councilman Vastola moved to enact Bill 933 as Ordinance 27-98. President Pro Tem Eissey
seconded the motion, and all present voted aye.
BILL 934 - AMENDING CODE TO PROVIDE FOR DOCKS AND PIERS ON DEAD END
LAGOONS -PLACED ON SECOND READING AND ENACTED AS ORDINANCE 28-98
President Pro Tem Eissey moved that Bill 934 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING SECTION 5-84, REGULATIONS
• GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH
AND ATLANTIC OCEAN, OF DIVISION 4, DOCKS AND PIERS, OF ARTICLE
4
Minutes of Regular Session
• held Thursday, December 10, 1998
III OF CHAPTER 5, BOATS, DOCKS, AND VI.
ORDINANCES OF THE VILLAGE, BY ADDIP
SECTION 5-84 PROVIDING FOR CONSTRI
ON DEAD END LAGOONS; AMENDING SUI
84 RELATING TO LOCATION OF DOLF
RENUMBERING EXISTING SUBSECTIONS
SECTION 5-84, TO SUBSECTIONS 5 T
SECTION 5-84; AMENDING THE FIRST
VARIANCES, RELATING TO THE BO
VARIANCES; PROVIDING FOR THE REPS
PARTS OF ORDINANCES IN CONFLICT HEI
AN EFFECTIVE DATE
be placed on second reading and read by title
motion, and all present voted aye.
President Pro Tem Eissey moved that Bill 934 be
O'Meilia seconded the motion which passed una
. BILL 935 -
PLACED
Councilman Vastola moved that Bill 935 entitled:
AN ORDINANCE OF THE VILLAGE COUNC
PALM BEACH, FLORIDA, AMENDING SUBS
SECTION 27-62 OF ARTICLE III, LANDSCAI
AND SHRUBBERY, OF THE CODE OF ORD
PROMULGATE AND SET FORTH STANDAF
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH
EFFECTIVE DATE
be placed on second reading and read by title
motion, and all present voted aye.
Councilman Vastola moved that Bill 935 be enacted
Eissey seconded the motion, which passed unanir
•
~TERWAYS, OF THE CODE OF
G A NEW SUBSECTION (4) TO
CTION OF DOCKS AND PIERS
SECTION (10) OF SECTION 5-
~IN AND MOORING POSTS;
THROUGH 11, INCLUSIVE, OF
IROUGH 12, INCLUSIVE, OF
NTENCE OF SECTION 5-86,
RD'S POWER TO GRANT
AL OF ALL ORDINANCES OR
EWITH; AND, PROVIDING FOR
Vice Mayor O'Meilia seconded the
as Ordinance 28-98. Vice Mayor
OF THE VILLAGE OF NORTH
;TION (b) TREE SPECIES, OF
VG, OF CHAPTER 27, TREES
ANCES OF THE VILLAGE, TO
5 FOR USE OF PALM TREES;
~DINANCES OR PARTS OF
AND, PROVIDING FOR AN
Vice Mayor O'Meilia seconded the
Ordinance 29-98. President Pro Tem
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Minutes of Regular Session
• held Thursday, December 10, 1998
Vice Mayor O'Meilia moved that Bill 936 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET
FOR THE FISCAL YEAR 1998-99 TO APPROPRIATE FUNDS FOR FY 1998-
99 BANK LOAN PAYMENTS
be placed on second reading and read by title alone. Councilman Tringali seconded the
motion, and all present voted aye.
Vice Mayor O'Meilia moved to enact Bill 936 as Ordinance 30-98. The motion was seconded
by Councilman Tringali and passed unanimously.
BILL 937 -AMENDING BUDGET FOR RADIO SYSTEM UPGRADE -PUBLIC SAFETY
FACILITY -PLACED ON SECOND READING AND ENACTED AS ORDINANCE 31-98
Councilman Vastola moved that Bill 937 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE
FISCAL YEAR 1998-99 TO APPROPRIATE FUNDS IN THE AMOUNT OF
$75,000 FOR THE UPGRADE OF THE POLICE DEPARTMENT RADIO
SYSTEM
be placed on second reading and read by title alone. President Pro Tem Eissey seconded
the motion which passed unanimously.
Councilman Vastola moved that Bill 937 be enacted as Ordinance 31-98. The motion was
seconded by Vice Mayor O'Meilia, and all present voted aye.
BILL 938 -AMENDING BUDGET FOR FUND TRANSFER AND 911 REIMBURSEMENT
REVENUES -PLACED ON FIRST READING
Councilman Vastola moved that Bill 938 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET
FOR THE FISCAL YEAR 1998-99 TO TRANSFER THE FUNDS FROM
COMPLETED PROJECTS TO THE PUBLIC SAFETY CONSTRUCTION
RESERVE ACCOUNT AND BUDGET THE 911 REIMBURSEMENT
• REVENUES TO BE RECEIVED FROM PALM BEACH COUNTY
6
Minutes of Regular Session
• held Thursday, December 10, 1998
be placed on first reading and read by title alone. President Pro Tem Eissey seconded the
motion which passed unanimously.
BILL 939 -AMENDING BUDGET FOR CO_ UNCIL CONTING_ ENCY REPLENISHMENT -
PLACED ON FIRST READING
Vice Mayor O'Meilia moved that Bill 939 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FORTHE
FISCAL YEAR 1998-99 TO REPLENISH COUNCIL CONTINGENCY IN THE
AMOUNT OF $75,000 FOR THE FUNDS APPROPRIATED FOR THE
UPGRADING OF THE PUBLIC SAFETY FACILITY RADIO SYSTEM
be placed on first reading and read by title alone. Councilman Vastola seconded the motion,
and all present voted aye.
RESOLUTION 55-98 ADO_ PTED -BESTOWING UPON THELMA OBERT THE TITLE OF
MEMBER EMERITUS OF THE LIBRARY ADVISORY BOARD
President Pro Tem Eissey moved that Resolution 55-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, BESTOWING UPON THELMA OBERT THE TITLE
OF MEMBER EMERITUS OF THE NORTH PALM BEACH LIBRARY
ADVISORY BOARD; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 56-98 ADOPTED - APPROVING_ PROSPERITY HARBOR NORTH
LANDSCAPE PLAN
Vice Mayor O'Meilia moved that Resolution 56-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING THE PERIMETER LANDSCAPE PLAN
WITH AUTOMATIC IRRIGATION FOR THE PLANNED UNIT DEVELOPMENT
KNOWN AS PROSPERITY HARBOR NORTH, WHICH LANDSCAPE PLAN
WAS PREPARED BY LAND DESIGN SOUTH CONSISTING OF ELEVEN (11)
SHEETS AND ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AND,
• PROVIDING FOR AN EFFECTIVE DATE
7
Minutes of Regular Session
• held Thursday, December 10, 1998
be adopted. Councilman Vastola seconded the motion, and all present voted aye.
RESOLUTION 57-98 ADOPTED -SUPPORTING FORMATION OF TASK FORCE TO
EVALUATE REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS
Vice Mayor O'Meilia moved that Resolution 57-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, RECOMMENDING COUNTY-WIDE REGULATION OF ADULT
ENTERTAINMENT ESTABLISHMENTS
be adopted. President Pro Tem Eissey seconded the motion which passed unanimously.
RESOLUTION 58-98 ADOPTED -APPROVING LOCAL LAW ENFORCEMENT BL_ OCK
GRANT APPLICATION
Councilman Vastola moved that Resolution 58-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
• PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYORAND
DIRECTOR OF PUBLIC SAFETY TO APPLY FOR AND ACCEPT A LOCAL
LAW ENFORCEMENT BLOCK GRANT PROGRAM WITH THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DEPARTMENT)
WHEREIN THE VILLAGE WOULD RECEIVE $10,000 FROM THE
DEPARTMENT AND BE REQUIRED TO PROVIDE A TEN PERCENT (10%)
CASH MATCH; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Tringali seconded the motion, and all present voted aye.
RESOLUTION 59-98 ADOPTED -APPROVING FACILITY AGREEMENT WITH PALM
BEACH COUNTY SPORTS COMMISSION FOR 1999 NAIA WOMEN'S GOLF
CHAMPIONSHIP GAMES
President Pro Tem Eissey moved that Resolution 59-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYORAND
VILLAGE MANAGER TO ENTER INTO A FACILITY AGREEMENT WITH
PALM BEACH COUNTY SPORTS COMMISSION ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES THAT THE NORTH PALM BEACH
• COUNTRY CLUB AND ITS GOLF COURSE SHALL SERVE AS THE
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Minutes of Regular Session
• held Thursday, December 10, 1998
COMPETITION SITE FOR WOMEN'S GOLF FOR THE 1999 NAIA SPRING
CHAMPIONSHIP GAMES; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Tringali seconded the motion.
During discussion, it was noted that the golf course and driving range will be closed for five
days during the championships. The Village Manager will provide notification to the
members prior to the course being closed.
Thereafter, the motion passed unanimously.
RESOLUTION 60-98 ADOPTED -ACCEPTING ANNUAL VENDOR CONTRACTS
Vice Mayor O'Meilia moved that Resolution 60-98 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING THE ANNUAL VENDOR CONTRACTS
FOR LABOR AND MATERIALS AS AWARDED BY PALM BEACH COUNTY,
THE STATE OF FLORIDA, THE PALM BEACH COUNTY COOPERATIVE
• PURCHASING COUNCIL, AND OTHER GOVERNMENTAL AGENCIES, AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Vastola seconded the motion. Discussion ensued regarding the
resolution's expiration date of December 31, 1999. Consensus of Council was to change
Section 2. to read "This resolution shall take effect January 1, 1999 and shall expire on
September 30, 1999."
FURNITURE PURCHASE APPROVED -PUBLIC SAFETY FACILITY
Ann Kendall, Market Manager for Office Pavilion, was present to review the furniture
proposal with the Council. Councilman Vastola moved to authorize staff to purchase
furnishings for the new Public Safety facility. Vice Mayor O'Meilia seconded the motion, and
all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:08 p.m.
• Melissa Teal, Deputy Village Clerk
9