07-22-1999 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JULY 22, 1999
Present: Dr. Edward M. Eissey, Mayor
Joseph A. Tringali, Vice Mayor
Gail H. Vastola, President Pro Tem
Charles R. O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, Village Clerk
Absent: David B. Norris, Councilman
ROLL CALL
Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present
except Councilman Norris, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Eissey gave the invocation, and President Pro Tem Vastola 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 7/8/99
REPORT OF THE MAYOR
During the Report of the Mayor, the Village Manager was directed to find out if a logo is
going to be put on the Public Safety building, or whether it was provided for in the contract.
CONSENT AGENDA APPROVED
Councilman O'Meilia moved to approve the Consent Agenda. Vice Mayor Tringali
seconded the motion, and all present voted aye. The following items were approved:
Receive and file Minutes of Planning Commission Public Hearing held 6/8/99
Receive and file Minutes of Planning Commission Meeting held 7/6/99
Minutes of Regular Session
Held Thursday, July 22, 1999
• Receive and file Minutes of Planning Commission Public Hearing held 7/6/99
Receive and file Minutes of Code Enforcement Boazd Meeting held 7/12/99
Receive and file Minutes of Recreation Advisory Board Meeting held 7/13/99
Resolution 40-99, accepting bid of Automatic Entrances, Inc., Sunrise, Florida, in
the Amount of $6,395; funds to be expended from A7927-66210 (Library
Construction & Major Renovation)
Receive and file the recommendation of the Planning Commission that Council
"approve a proposed amendment to the Village Zoning Code, Section 45, removing
conflicts pertaining to Outdoor Seating regulations permitted as an accessory use to
food service establishments."
Approve budget transfer in the amount of $5,000 from A5206-66500 (Real Estate
Property) to A5206-33120 (Community Planning-Engineering/Planning); for the
purpose of replenishing account
Lift hiring freeze on a Police/Paramedic position (job code # 6416-0105) in the
Public Safety Dept.
Receive and file recommendation of the Recreation Advisory Board "to paint
theAnchorage Park modules the same color as the new Anchorage Activities
Building"
Discussion was held concerning the bid for automatic doors and the absence of Stanley
Company in the bidding process. This will be placed on the Workshop Agenda of August
12, 1999.
PETITIONS AND COMMUNICATIONS
Vice Mayor Tringali asked for Council consensus that at least 3 council members attend the
NAMAC meeting scheduled for August 2, 1999 at Juno Beach. The purpose of that meeting
is to review the proposed Interlocal Agreement, which would establish a Consortium for the
purpose of creating anAll-County radio system. All NAMAC agencies have been invited to
participate in the meeting. The Council agreed to attend on August 2nd.
VILLAGE MANAGER'S REPORT
The Village Manager was directed to inquire about a rate increase by Adelphia Cable, and
why the required Public Hearing was not held. Additionally, the Village Council requested a
status report on the utility audit of Adelphia Cable.
Minutes of Regular Session
Held Thursday, July 22, 1999
Village Attorney George Baldwin was asked to review the Guncheon lawsuit/sale in its
entirety for future reference, and to also check the courthouse records regarding service to
parties who have an interest in the property.
BILL 963 -OUTDOOR SEATING -PLACED ON FIRST READING
President Pro Tem Vastola moved that Bill 963 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUB-SECTIONS B2
AND C1 OF SECTION 45-31, C-A, COMMERCIAL DISTRICT;
AMENDING SUB-SECTIONS B2 AND C1 OF SECTION 45-31.1, CB
COMMERCIAL DISTRICT; AMENDING SUB-SECTION G1 OF
SECTION 45-32 C-lA, LIMITED COMMERCIAL DISTRICT; AND
AMENDING SUB-SECTION G2 OF SECTION 45-33, C-1,
NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE III,
DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE
OF ORDINANCES OF THE VILLAGE TO ALLOW RESTAURANTS
THAT ARE PERMITTED USES WITHIN THEIR DISTRICTS TO HAVE
OUTDOOR SEATING WHEN QUALIFYING UNDER THE OUTDOOR
SEATING PROVISIONS OF APPENDIX C-ZONING OF THE CODE;
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 Tringali seconded the motion,
and all present voted aye.
BILL 964 -REZONING OF LOTS 45 & 1 S. KELSEY ACRES -ENACTED AS ORD. 24-
99
Councilman O'Meilia moved that Bill 964 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LOTS 14 AND 15, KELSEY ACRES AND LOCATED AT THE
SOUTHEAST CORNER OF RICHARD ROAD AND ALTERNATE AlA
WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED, FROM PALM BEACH COUNTY ZONING
DISTRICT RS, RESIDENTIAL SINGLE FAMILY, TO CC TRANSITIONAL
COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE
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Minutes of Regular Session
Held Thursday, July 22, 1999
• Be placed on second reading and read by title alone. President Pro Tem Vastola seconded
the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 964 be enacted as Ordinance 24-99. President Pro
Tem Vastola seconded the motion, and all present voted aye.
BILL 965 -REZONING OF LOTS 16 & 17 -ENACTED AS ORD. 25-99
Councilman O'Meilia moved that Bi11965 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS
LOTS 16 & 17, KELSEY ACRES, AND LOCATED AT THE NORTHEAST
CORNER OF HONEY ROAD AND ALTERNATE AlA WITHIN THE VILLAGE
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED,
FROM R-1 SINGLE FAMILY DWELLING DISTRICT TO CC TRANSITIONAL
COMMERCIAL DISTRICT; 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 second reading and read by title alone. President Pro Tem Vastola seconded
the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 965 be enacted as Ordinance 25-99. President Pro
Tem Vastola seconded the motion, and all present voted aye.
BILL 966 -BUDGET AMENDMENT -COUNCIL CONTINGENCY - ENAC_ TED AS
ORD. 26-99
President Pro Tem Vastola moved that Bill 966 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 ADDITIONAL FUNDS IN THE
AMOUNT OF $34,000 FOR COUNCIL CONTINGENCY
Be placed on second reading and read by title alone. Vice Mayor Tringali seconded the
motion. The motion passed 3-1, with President Pro Tem Vastola, Vice Mayor Tringali and
Mayor Eissey voting aye, and Councilman O'Meilia voting nay.
President Pro Tem Vastola moved that Bill 966 be enacted as Ordinance 26-99. Vice Mayor
Tringali seconded the motion. The motion passed 3-1, with President Pro Tem Vastola, Vice..
. Mayor Tringali and Mayor Eissey voting aye, and Councilman O'Meilia voting nay.
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Minutes of Regular Session
Held Thursday, July 22, 1999
• BILL 967 -CODE AMENDMENT FOR BOATS AND RV SCREENING -PLACED ON
FIRST READING
President Pro Tem Vastola moved that Bi11967 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (87) OF
SECTION 18-35, RECREATIONAL, BOATING AND CAMPING
EQUIPMENT AND PERSONAL RECREATIONAL USE TRAILERS;
PARKING ON RESIDENTIAL PROPERTY RESTRICTED, OF ARTICLE III
OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE VILLAGE TO
PROVIDE ADDITIONAL SCREENING REQUIREMENTS FOR CORNER
LOTS AND TO PROVIDE THAT WALLS, GATES OR FENCES SHALL BE
CONSTRUCTED IN ACCORDANCE WITH SECTION 45-36 (D) OF THE
CODE; 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 Tringali seconded the motion.
The motion passed 3-1, with President Pro Tem Vastola, Vice Mayor Tringali and Mayor
Eissey voting aye, and Councilman O'Meilia voting nay.
The Council agreed by consensus to postpone the second reading until September 9, 1999, to
allow time for this proposed amendment to be advertised in the September Village
Newsletter.
RESOLUTION 41-99 ADOPTED - ACCEPTING BID FOR COUNTRY C_ LUB
FURNISHINGS
Vice Mayor Tringali moved that Resolution 41-99 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, ACCEPTING -THE BID OF HUSTON'S COMMERCIAL AND
HEALTHCARE INTERIORS, STUART, FLORIDA, IN THE AMOUNT OF
$94,093.57 FOR CLUBHOUSE FURNISHINGS AT THE NORTH PALM
BEACH COUNTRY CLUB; FUNDS TO BE EXPENDED FROM L8059-66210
(CONSTRUCTION & MAJOR RENOVATION)
Be adopted. President Pro Tem Vastola seconded the motion, and all present voted aye.
SETTLEMENT OF CLAIM ENDORSED FOR HYLAND ESTATE
. President Pro Tem Vastola moved to endorse the settlement of lawsuit in the case of Louise
Hyland Estate vs. Village of North Palm Beach in an amount not to exceed $200,000 as
Minutes of Regular Session
Held Thursday, July 22, 1999
• determined by the Southeast Risk Management Association. Councilman O'Meilia seconded
the motion, and all present voted aye.
ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at 8:53
P
. 4~~
~~athleen F. Kell , MC
•