12-14-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, DECEMBER 14, 2000
Present: Joseph A. Tringali, Mayor
Dr. Edward M. Eissey, Vice Mayor
David B. Norris, President Pro Tem
Donald G. Noel, Councilman
Charles R. O'Meilia, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
ROLL CALL:
The meeting was called to order at 7:30 p.m. All members of the Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Eissey gave the invocation, and Councilman Noel 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 11/9/2000
Minutes of Special Session held November 29, 2000
STATEMENTS FROM THE PUBLIC
Many residents were present to address the Council regarding the Palm Beach County School
Board's plan to relocate children from Lake Park Elementary to North Palm Beach Elementary
during the renovation of Lake Park Elementary. Matt Brestle, President of North Palm Beach
Elementary PTA, asked the Village Council to support them in their opposition to this plan.
Vice Mayor Eissey moved to prepare a letter opposing the plan, to be sent no later than Monday,
and to prepare a resolution opposing the plan to be presented to the School Board in person at its
Minutes of Regular Session
Held Thursday, December 14, 2000
meeting of January 25, 2001. President Pro Tem Norris seconded the motion, and all present
voted aye.
Staff was directed to prepare a report listing the impact this plan would have on Village
properties, if implemented.
Several residents from Lighthouse Drive were present to ask the Council for more help in the
traffic calming effort on Lighthouse Drive, stating that further measures must be taken because
of the heavy traffic. The Council will schedule another Special Workshop after the first of year
regarding this issue.
Staff was directed to work on the D.O.T. regarding our opposition to the closing of the PGA
bridge scheduled for the spring of 2001.
President Pro Tem Norris reported that the Ad Hoc Committee for locating property north of
Parker Bridge had met several times, and progress is being made.
CONSENT AGENDA APPROVED
Councilman O'Meilia moved that the Consent Agenda be approved. President Pro Tem Norris
seconded the motion, and all present voted aye. The followings items were approved:
Received for file the Minutes of the General Employees Pension Board meeting held
11/1/00
Received for file the Minutes of the Code Enforcement Board meeting held 11 /6/00
Received for file the Minutes of the Recreation Advisory Board meeting held 11/14/00
Received for file the Minutes of the Planning Commission Public Hearing held 11/15
Received for file the Minutes of the Planning Commission meeting held 11/15/00
Received for file the Minutes of the Library Advisory Board meeting held 11/28/00
Received for file the Minutes of the Planning Commission meeting held 12/5/00
Received for file the recommendation of the Planning Commission (Minutes of I 1/15/00)
to deny application to amend Section 45-32 of the Village Zoning Code (definition of
front, side, and rear line of a building) to exclude cantilevered awnings" (Workshop Item
4.r.)
• Received for file the recommendation of the Planning Commission (Minutes of 11/15/00)
to approve application to amend Section 45-31 of the Village Zoning Code (Uses
permitted in CA Commercial District) to add a permitted use of "musical instrument sales
Minutes of Regular Session
Held Thursday, December 14, 2000
• and instruction/education)". (Workshop Item 4.t.)
Received for file the recommendation of the Planning Commission (Minutes of 12/5/00)
to approve the application to amend Section 45-32 of the Zoning Code (C-lA Limited
Commercial District) to allow outdoor boat storage, rigging, minor repair and display and
related amendments, conditioned upon adding to last paragraph "Or I S% of the total site
area, whichever is less"
Lifted hiring freeze on Vehicle Maintenance Laborer (job code #A5522-0104) in the
Public Services Dept; per needs assessment and position audit.
REPORTS OF SPECIAL COMMITTEES
President Pro Tem Norris gave a status report concerning the search for property north of Parker
Bridge for a Public Safety substation. Councilman Norris reported that several property owners
are interested in working with the Village.
Councilman Noel gave a status report on the Prosperity Farms Road Landscaping Committee,
stating that the conceptual design is done, and proposals have been received. Asub-committee
will rank the proposals and present them to the Village Council in January.
Councilman O'Meilia announced that he plans to run for re-election in March 2001.
ORD. 36-2000 ENACTED - ALARM PERMIT FEE INCREASE.
Councilman O'Meilia Noel moved that Bill 1013 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (d) OF SECTION 19-210, TERM OF
PERMIT; FEE; NONTRANSFERABLE, OF ARTICLE X, ALARMS, OF CHAPTER 19 OF
THE CODE OF ORDINANCES OF THE VILLAGE, TO INCREASE THE FEE FOR ALARM
SYSTEM PERMITS FROM $10.00 TO $25.00; 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 second reading and read by title alone. Vice Mayor Eissey seconded the motion,
and all present voted aye.
Councilman O'Meilia moved that Bill 1013 be enacted as Ordinance 36-2000. Vice Mayor
Eissey seconded the motion, and all present voted aye.
BILL 1014 -CODE AMENDMENT- DOCK SPACE -FAILED
• Councilman O'Meilia moved that Bill 1014 entitled:
Minutes of Regular Session
Held Thursday, December 14, 2000
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REPEALING THE DEFINITION FOR PRIVATE DOCK, PIER,
MOORING BUOY AND FLOATING ANCHOR CONTAINED WITHIN SECTION 6-81,
DEFINITIONS, OF DIVISION 4, DOCKS AND PIERS, OF ARTICLE III OF CHAPTER 5,
BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE
VILLAGE; ADDING A SUBSECTION (d) TO SECTION 5-82 TO PROVIDE
REGULATIONS FOR MOORING PLEASURE BOATS, YACHTS AND NON-
COMMERCIAL WATER CRAFT AT DOCKAGE SPACE AND FACILITIES LOCATED IN
R-1 AND R-2 ZONING DISTRICTS WITHIN 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 second reading and read by title alone. President Pro Tem Norris seconded the
motion, and all present voted aye.
After the second reading of the ordinance, Attorney Gregory Kino addressed the Council on
behalf of Fred Bierschenk of 131 Dory Rd. North. Mr. Kino distributed sample language that he
felt should be included in the ordinance for the Council's consideration, which language would
restrict the number of additional boats allowed to one, and would permit the occupant of the
property to allow a Village resident to use the dock.
Councilman Noel moved to include additional language as submitted by Mr. Kino. The motion
died for lack of a second.
After further discussion, President Pro Tem Norris moved to table. The motion died for lack of a
second.
Councilman O'Meilia moved to enact Bill 1014 as Ordinance 37-2000. The motion died for lack
of a second.
Vice Mayor Eissey moved to reject and go back to first reading. President Pro Tem Norris
seconded the motion. The motion passed 4-1, with Vice Mayor Eissey, President Pro Tem
Norris, Councilman Noel and Mayor Tringali voting aye, and Councilman O'Meilia voting nay.
Clarification was made that the Ordinance should be revised and brought back to the next
Regular Session for first reading.
RECESS
The meeting recessed at 9:50 p.m. and reconvened at 10:00 p.m. Due to the lateness of the hour,
the Council announced that the Workshop scheduled for this night would not be heard, and set
• Monday, December 18, 2000 at 7:00 p.m. as the date and time to reconvene the meeting for this
agenda.
4
Minutes of Regular Session
Held Thursday, December 14, 2000
• BILL 1015 - TELECOMMUNICATIONS FRANCHISE AGREEMENT - E.SPIRE -
SECOND READING POSTPONED
Discussion was held on this item regarding changing the language of the franchise agreement to
prohibit the construction of poles in the Village rights-of--way. This item was moved to the end
of the agenda.
BILL 1016 -TELECOMMUNICATIONS FRANCHISE AGREEMENT - METROMEDIA -
SECOND READING POSTPONED
This item was moved to the end of the agenda.
BILI 1017 -AMENDING CODE TO PROVIDE ACCESS TO PUBLIC RIGHTS-OF-WAY
FOR TELECOMMUNICATIONS SERVICE -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1017 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REPEALING SECTIONS 28-1 THROUGH 28-3, INCLUSIVE, OF
CHAPTER 28, USE OF RIGHTS-OF-WAY FOR UTILITIES, OF THE CODE OF
ORDINANCES OF THE VILLAGE; REPEALING ORDINANCE 26-2000 OF THE VILLAGE
WHICH AMENDED SECTION 28-3 OF THE CODE OF ORDINANCES; RETITLING
CHAPTER 28, VILLAGE OF NORTH PALM BEACH TELECOMMUNICATIONS
ORDINANCE, AND ADDING SECTIONS 1 THROUGH 16, INCLUSIVE, TO CHAPTER 28
WHICH PROVIDES THE TERMS AND CONDITIONS FOR THE ERECTING,
CONSTRUCTING AND MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN
THE VILLAGE'S PUBLIC RIGHTS OF WAY FOR THE PROVISION OF
TELECOMMUNICATIONS SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SAVINGS; AND, PROVIDING FOR AN EFFECTIVE
DATE
Be placed on first reading and read by title alone. Councilman Noel seconded the motion.
During discussion, Page 4, Section H. was changed to read "public utility easement"; Page 7,
Section E., change non-refundable application fee to non-refundable minimum application fee;
Page 18, Section 11.A, delete paragraph relating to amounts that are not legally required; ...add
$2,000,000 combined single limit commercial general liability. 11.B, All insurance policies shall
be with sureties qualified and admitted to do business; change minimum rating of A-1 to AV
Thereafter, the motion passed 5-0.
• BILL 1018 -AMENDING CODE TO ESTABLISH TELECOMMUNICATIONS FEES
This Bill was dropped from the agenda.
Minutes of Regular Session
}leld Thursday, December 14, 2000
• RESOLUTION 73-2000 ADOPTED -ACCEPTING BID FOR COMMUNITY CENTER
SOUND SYSTEM
President Pro Tem Norris moved that Resolution 73-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF CAVALIERS MUSIC & ELECTRONICS, NORTH PALM
BEACH, FLORIDA, IN THE AMOUNT OF $9,645 FOR COMMUNITY CENTER SOUND
SYSTEM; FUNDS TO BE EXPENDED FROM A8229-66490 (MACHINERY &
EQUIPMENT)
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
Councilman Noel moved that all remaining resolutions on the agenda be read by caption alone.
President Pro Tem Norris seconded the motion, and all present voted aye.
RESOLUTION 74-2000 ADOPTED -AUTHORIZING INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR PROSPERITY FARMS ROAD LANDSCAPING PROJECT
Councilman Noel moved that Resolution 74-2000 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 INTERLOCAL FUNDING AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES FINANCIAL ASSISTANCE FROM THE
COUNTY TO THE VILLAGE FOR THE CONCEPTUAL PLANNING AND DESIGN
SERVICES FOR BEAUTIFICATION OF PROSPERITY FARMS ROAD BETWEEN
NORTHLAKE BOULEVARD AND BURNS ROADS WITHIN THE VILLAGE; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
During discussion, Village Attorney George Baldwin advised the Council that the Agreement
had been changed today by the County to include construction, and offered changes in language
to the proposed resolution: Line 8, insert planning design construction of roadway
improvements and installation of landscapin¢ for beautification of Prosperity Farms Road.
Additionally, the Council requested the following changes within the Interlocal Agreement:
Paragraph 2, first sentence: Add "reimbursement shall be made on a monthly basis"; Paragraph
• 3, line 8 should read: "...accordance with the plans and specifications to be approved by both
the Villa eg and the County ..."; Paragraph 5 to read: "All construction and installation of these
improvements shall be completed and final invoices submitted to the County no later than
6
Minutes of Regular Session
Held Thursday, December 14, 2000
• December 31, 2002; provided the Village shall have the right upon written request to an
extension to June 30, 2003. A paragraph will be added to state that the Village shall have the
right to complete the conceptual planning and design phase prior to committing to proceed with
construction of roadway improvements and installation of landscaping.
Village Attorney was instructed to work out the changes with the County Attorney.
Thereafter, the motion to adopt Resolution 74-2000, as amended, passed 5-0.
ADJOURNMENT
Having reached the curfew of 11 p.m., the meeting recessed until Monday, December 18, 2000 at
7:00 p.m.
Kathleen F. Kelly, CMC. Village Cler1
•