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08-26-1999 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, AUGUST 26, 1994 Present: Dr. Edward M. Eissey, Mayor Joseph A. Tringali, Vice Mayor Gail H. Vastola, President Pro Tem David B. Norris, Councilman Charles R. O'Meilia, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Eissey 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 O'Meilia gave the invocation, and Councilman Norris 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 on Bi11693 held 8/12/99 Minutes of Regular Session held 8/12/99 REPORT OF THE MAYOR On behalf of the Village Council, Mayor Eissey presented Chief John Atwater with a new golf bag in appreciation of his service to the Village as Acting Director of Public Safety for the past nine months. Mayor Eissey introduced Commissioner Karen Marcus, who introduced Eddie Jack, Deputy County Engineer, and Meilio Fernandez, Director of Roadway Productions. A presentation was given regarding several options being considered by the County for the extension of Congress Avenue north of Northlake Boulevard. The Council again stated its position that it opposes • Congress Avenue terminating on Richard Road. Minutes of Regular Session Held Thursday, August 26, 1999 - • Mayor Eissey proclaimed September as Literacy Awareness Month in the Village of North Palm Beach. Dana Picard of the Literacy Coalition was present to receive the Proclamation. STATEMENTS FROM THE PUBLIC During Statements from the Public, Scott and Elaine Williams addressed the Council regarding a code violation citation they received for the mooring of their 33-foot sailboat moored behind their home. Mr. Williams feels that the Code as it is currently written does not reflect the intention of the Council when the Code was amended in 1998 regarding Boats, Docks and Waterways. Mr. Williams presented draft language for the Council's consideration, and requested that the Code be revised to address the issue offree-swinging moored vessels located adjacent to the Intracoastal Waterway. The Council directed staff to review the present Code language as well as Mr. Williams's proposed code change, and to bring a recommendation back to the Council. CONSENT AGENDA APPROVED Items d. and g. were removed from the agenda, and placed as Items 14.c and 14.d, respectively. Councilman Norris moved to approve the Consent Agenda, as amended. Councilman O'Meilia seconded the motion, and all present voted aye. The following items were approved: Accept and file Minutes of the Recreation Advisory Board Meeting held 7/13/99 Accept and file Minutes of the Library Advisory Board meeting held 7/27/99 Accept and file Minutes of the Code Enforcement Boazd meeting held 8/2/99 Authorize engineering study of parking lot at Village Hall, Library and Herb Watt Building in the amount of $5,000, per scope of services; and approve budget transfer for same iri the amount of $5,000 from A5540-49911 (Council Contingency) to A5206-33122 (Engineering & Planning-Village Hall) Approve budget transfer in the amount of $3,000 from A58 12-1 1 420 (Training Overtime) to A5812-11400 (Overtime Pay) to replenish Overtime Pay account in the Public Safety Department VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced that the Village Hall will be closed on Monday, September 6th in observance of Labor Day. Councilman O'Meilia requested that Mr. Kelly check on the status of the lease of the trailer • north of the Parker Bridge, and to bring it to Council for renewal, if necessary. Minutes of Regular Session Held Thursday, August 26, 1999 • EX PARTS COMMUNICATIONS Councilman O'Meilia submitted eight Ex Parte Communications logs for the Harbour Isles file. BILL 968 -COUNCIL SALARY ADJUSTMENT -ENACTED AS ORD. 29-99 Vice Mayor Tringali moved that Bi11968 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-16 OF ARTICLE II, COUNCIL, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ESTABLISHING COMPENSATION FOR THE MAYOR AND INCREASING COMPENSATION OF THE VILLAGE COUNCIL; 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. Councilman Norris seconded the motion, and all present voted aye. Vice Mayor Tringali moved that Bill 968 be enacted as Ordinance 29-99. Councilman Norris seconded the motion, and all present voted aye. BILL 970 -PROSPERITY HARBOR SOUTH P.U.D. AMENDMENT -FAILED President Pro Tem Vastola moved that Bi11970 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ORDINANCE NO. 26-96 WHICH CREATED A PLANNED UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR SOUTH" TO PROVIDE THAT NO STRUCTURES INCLUSIVE OF PILINGS, DOCKS AND PIERS OR VESSELS MAY BE LOCATED MORE THAN THIRTY (30) FEET FROM THE PROPERTY LINE INTO THE NORTH PALM BEACH WATERWAY; PROVIDING THAT NO VESSEL SHALL BE MOORED PERPENDICULAR TO THE NORTH PALM BEACH WATERWAY SHORE; PROVIDING THAT DOCKS AND PIERS IN THE NORTH PALM BEACH WATERWAY CAN BE EXTENDED TO WITHIN TEN (10) FEET OF THE SIDE PROPERTY LINES EXTENDED IF THE DOCK OR PIER IS NOT MORE THAN SIX (6) FEET FROM THE PROPERTY LINE; PROVIDING THAT IF -THE DOCK OR PIER EXTENDS INTO THE NORTH PALM BEACH WATERWAY MORE THAN SIX (6) FEET FROM THE PROPERTY LINE, THE MAXIMUM LENGTH OF DOCKS AND_ PIERS SHALL BE TWENTY-FIVE (25) FEET WHICH SHALL NOT EXTEND WITHIN THE TEN (10) FOOT SIDE PROPERTY LINE EXTENDED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 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 Tringali seconded the motion. Minufes of Regular Session Held Thursday, August 26, 1999 _ - • During discussion, the use of the word "docks" was stricken from the ordinance, and the terms L-heads and T-heads were inserted on page two as definition for piers. Steve Leonhart, on behalf of WCI Communities, Inc., requested a proposed compromise wherein piers may extend 30 feet into the waterway across from existing houses, 35 feet if across from the Country Club, and 40 feet if at the intersection of the Intracoastal Waterway and the North Palm Beach Waterway. By consensus, the Council agreed that the ordinance needs to be re-written to achieve a compromise between residents who live across the Waterway and WCI Communities, Inc. prior to being discussed at a special workshop during the upcoming week. The Village Clerk was directed to poll the Council regarding a meeting date next week. Thereafter, the motion to place on second reading failed 0-5. BILL 971 -EMERGENCY ORDINANCE -ESTABLISHING RESERVE FOR CAPITAL CONTINGENCY Vice Mayor Tringali moved that Bill 971 entitled: AN EMERGENCY ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A RESERVE FOR CAPITAL CONTINGENCY IN THE AMOUNT OF $100,000 FOR THE ADDITIONAL FUNDING TO RENOVATE THE COUNTRY CLUB RESTAURANT Be placed on first and final reading, on an emergency basis. Councilman Norris seconded the motion. During discussion, President Pro Tem Vastola moved to amend the motion by changing the amount 'of additional funding to $200,000. Councilman Norris seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. Vice Mayor Tringali moved that Bill 971 be enacted as Ordinance 30-99. :Councilman Norris seconded the motion, and all present voted aye. RECESS The meeting recessed at 10:03 p.m. and reconvened at 10:15 p.m. • RESOLUTION 48-99 ADOPTED -APPOINTING CCAB MEMBER 4 Minutes of Regular Session Held Thursday, August 26, 1999 . By written ballot, copies of which are attached to the official Minutes of Record, the Village Council appointed Chris Anstead to the Country Club Advisory Board, and the name Chris Anstead was inserted in Resolution 48-99. Councilman Norris moved that Resolution 48-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE COUNTRY CLUB ADVISORY BOARD Be adopted. Vice Mayor Tringali seconded the motion, and all present voted aye. RESOLUTION 49-99 ADOPTED -ACCEPTING DRAINAGE EASEMENT Councilman O'Meilia moved that Resolution 49-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AND ACCEPTING THE GRANT FROM WCI COMMUNITIES, INC., OF A PERPETUAL NON-EXCLUSIVE DRAINAGE, INGRESS AND EGRESS EASEMENT FOR THE PURPOSE OF DRAINING AND DISCHARGING SURFACE WATERS AND INGRESS AND EGRESS OVER, ACROSS AND UPON THE LANDS DESCRIBED IN THE GRANT OF EASEMENT ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE __ _ Be adopted. President Pro Tem Vastola seconded the motion, and all present voted aye. RESOLUTION 50-99 ADOPTED -APPROVING PLAT OF HARBOUR ISLES President Pro Tem Vastola moved to take Resolution 50-99 from the table. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved that Resolution 50-99 entitled: A RESOLUTION OP THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PLAT OF HARBOUR ISLES ATTACHED AS EXHIBIT "A", AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE MYLAR OF THE PLAT; PROVIDING THAT THE MYLAR OF THE PLAT NOT BE DELIVERED FOR RECORDING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, UNTIL THE VILLAGE HAS BEEN PROVIDED WITH A PERFORMANCE BOND, LETTER OF CREDIT, ESCROW AGREEMENT OR OTHER ACCEPTABLE SURETY AGREEMENT TO ASSURE THE COMPLETION OF ON-SITE ROADWAYS, DRAINAGE AND UTILITIES IMPROVEMENTS REQUIRED FOR THE PLANNED UNIT DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE • Be approved. Vice Mayor Tringali seconded the motion, and all present voted aye. Minutes of Regular Session Held Thursday, August 26, 1999 . RESOLUTION 51-99 ADOPTED -AMENDING VILLAGE RULES AND REGULATIONS FOR CERTIFICATION PAY Vice Mayor O'Meilia moved that Resolution 51-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 4.06(e) ENTITLED "CERTIFICATION AND LICENSE PAY" OF THE PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE OF NORTH PALM BEACH, AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Vastola seconded the motion. During discussion, Item 2.b of Attachment "A" was revised, wherein the maximum of four per individual in that category was changed to allow a maximum of six. Thereafter, the motion passed 5-0. RESOLUTION TRANSFERRING FUNDS FOR REDESIGN OF THE NPBCC KITCHEN/SNACKBAR FAILED Vice Mayor Tringali moved that a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, TRANSFERRING FUNDS IN THE AMOUNT OF $2,500 FROM THE FISCAL YEAR 1998- 99 BUDGET ACCOUNT L8059-66210 APPROPRIATED FOR COUNTRY CLUB CONSTRUCTION AND MAJOR RENOVATION TO RESERVE FOR COUNTRY CLUB CAPITAL IMPROVEMENT L0000-24791 Be adopted. President Pro Tem Vastola seconded the motion. Due to the emergency ordinance enacted earlier in the evening, staff reported that this appropriation was no longer necessary. Thereafter, the motion failed 0-5. RESOLUTION AUTHORIZING BELLSOUTH CONTRACTS TABLED UNTIL 9/9 President Pro Tem Vastola moved that a resolution 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 EQUIPMENT, INSTALLATION AND TRAINING • CONTRACT AND CABLING CONTRACT WITH BELLSOUTH COMMUNICATION SYSTEMS, INC. AND A NETWORK INSTALLATION CONTRACT WITH BELLSOUTH TELECOMMUNICATIONS, INC., WHICH CONTRACTS ARE ATTACHED AS 6 Minutes of Regular Session Held Thursday, August 26, 1999 • COMPOSITE EXHIBIT "A" AND ARE FOR THE PURPOSE OF SECURING AND INSTALLING A COMPREHENSIVE TELEPHONE SYSTEM WITHIN THE VILLAGE FOR __ GOVERNMENTAL USE; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Tringali seconded the motion. During discussion, information was requested on space for this equipment, as well as maintenance costs after the system is installed. Councilman Norris moved to table this item until the September 9, 1999 meeting. Councilman O'Meilia seconded the motion, and all present voted aye. CHANGE ORDER APPROVED TO REPLACE A/C DUCT WORK AT NPBCC President Pro Tem Vastola moved to approve change order No. 8 to the contract in the amount of $17,792.00 for replacing the air-conditioning ductwork at the North Palm Beach Country Club. Vice Mayor Tringali seconded the motion. During discussion, consensus of Council was to include the smoke detector for $6,597.00. Thereafter, the motion passed 5-0. REDESIGN OF KITCHEN/SNACKBAR AUTHORIZED-FOR NPBCC _ _ Vice Mayor Tringali moved_to authorize architect to redesign the kitchen and snack bar at the North Palm Beach Country Club. President Pro Tem Vastola seconded the motion, and -all - present voted aye. MOORING FEE AND BUDGET TRANSFER FOR $15,000 POSTPONED TO NEXT , MEETING Due to the approaching curfew, these items were postponed until the next Regular Session. ADJOURNMENT Having reached the 11 p.m. curfew, the meeting adjourned. ~ (%/rl~ K thleen F. Kelly, CMC r1 LJ • CLERK'S TALLY SH_- E~ ET "~ BALLOTS F~~ COUNTE2Y CLU~FIDVT~ORY BOARD AUGUST 26, 1999 Round 1 Anstead, Chris Bender, Jim Slater, Robert ! ~~ I ( natu (Signature) • Round 2 Round 3 CCAB.BAL • Select 1 name• Anstead, Chris Bender, Jim Slater, Robert ( nature) • BALLOT COUNTRY CLUB ADVISORY BOARD 8/26/99 Round 1 Round 2 .Round 3 CCAB.BAL • Select 1 mate Anstead, Chris Bender, Jim Slater, Robert • BALLOT COUNTRY CLUB ADVISORY BOARD 8/26/99 Round 1 Round 2 Round 3 ~~.~z • Select 1 name: Anstead, Chris Bender, Jim Slater, Robert (S gna ur ccaa.AAT, BALLOT COUNTRY CLUB ADVISORY BOARD 8/26/99 Round 1 Round 2 y Round 3 Select 1 name• Anstead, Chris Bender, Jim Slater, Robert ( i a re) • BALLOT COUNTRY CLUB ADVISORY BOARD 8/26/99 Round 1 Round 2 Round 3 ccaa. sr.L BALLOT • COUNTRY CLUB ADVISORY BOARD 8/26/99 Select 1 name• Round 1 Round 2 Anstead, Chris Bender, Jim Slater, Robert (Signature) CCAB. BAL Round 3