05-11-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, MAY 11, 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
Mayor Tringali 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
Cou~rcilman O'Meilia gave the invocation, and Vice Mayor 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 4/27/2000
KEPORT OF THE MAYOR
Mayor Tringali proclaimed the week of May 14 - 20, 2000 as Police Week 2000 in the Village
of North Palm Beach. Public Safety Director Earl Johnson was present to receive the
Proclamation.
Mayor Tringali proclaimed the month of May as Civility Month in the Village of North Palm
Beach. Nancy Stroud of the City, County and Local Government Law Section of the Florida Bar
was present to accept the Proclamation and to present a bronze plaque to the Village.
Mayor Tringali also proclaimed May 21-27, 2000 as National Public Works Week. Tom
Hogarth, Director of Public Services, was present to accept the Proclamation.
Mayor Tringali reported that the Children's Sailing Program was moving forward, and
• announced pledges for contributions to the program by the North Palm Beach Yacht Club and
Minutes of Regular Session
Held Thursday, May 11, 2000
• Dr. Mark Michaels in the amount of $3,000 each. Mayor Tringali stated his intentions to ask the
Council to match the contributions later in the meeting.
CONSENT AGENDA APPROVED
Vice Mayor Eissey moved to approve the Consent Agenda. Councilman O'Meilia seconded the
motion, and all present voted aye. The following items were approved:
Accepted for file the Minutes of the Code Enforcement Board meeting held 4/3/2000
Accepted for file the Minutes of the Country Club Advisory Board meeting held 4/3/2000
Accepted for file the Minutes of the Country Club Advisory Board meeting held 5/1/2000
Accept for file the recommendation of the Country Club Advisory Board that the Council
"proceed with the construction and installation of two (2) bathroorrJrain shelters for the North
Palm Beach Country Club Golf Course this budget year versus waiting until next year. The
estimated cost for the two rest areas is approximately $90,000."
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly gave a status report on plans for the Heritage Day Parade.
Council directed that the census banners be displayed on the garbage truck that will be in the
parade. Mr. Kelly submitted a list of parade participants to the Village Council for approval.
Vice Mayor Eissey moved to approve the list of participants. Councilman O'Meilia seconded
the motion, and all present voted aye.
Mr. Kelly reported that he would be out of town for the next two weeks, and recommended that
Finance Director Shaukat Khan be appointed as Acting Village Manager during that time.
Further, Mr. Kelly recommended that Assistant Village Manager Doug Smith be appointed as
alternate Acting Village Manager during the 3 days that Mr. Khan will be absent.
Councilman Noel moved to accept the recommendations as requested by the Village Manager.
Vice Mayor Eissey seconded the motion, and all present voted aye.
Mr. Kelly asked the Council to approve additional funds for the swale area between the sidewalk
and the curb along U. S. at the driving range to remove the top layer of the swale strip and install
sod in that area. Mr. Kelly reported that the quote received from L & D Nursery for this work is
$1,500 for the removal and $2,400 for 10,000 sq. ft. of sod.
Vice Mayor Eissey moved to approve the expenditure for this additional landscaping work.
President Pro Tem Norris seconded the motion, and all present voted aye.
• A correction was required for a budget transfer that was approved at the Council meeting of
4/27/00, wherein money was transferred from K8032-66200 to pay for radio antenna in the
Minutes of Regular Session
Held Thursday, May 11, 2000
• Public Safety Department. Due to the unavailability of funds in that account, Councilman
O'Meilia moved to take the money from K5710-66200. President Pro Tem Norris seconded the
motion, and all present voted aye.
BILL 989 - CODE AMENDMENT - GENERAL EMPLOYEES PENSION PLAN -
ENACTED AS ORD. 13-2000
Councilman O'Meilia moved that Bill 989 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 3, PENSION AND CERTAIN OTHER
BENEFITS FOR GENERAL EMPLOYEES, OF ARTICLE V, PENSIONS AND
RETIREMENT SYSTEMS, OF CHAPTER 2, ADMINISTRATION, BY ADDING A
SECTION 2-159, OPTIONAL BENEFIT PLAN NO. 2, TO PROVIDE FOR A COST OF
LIVING ADJUSTMENT (COLA) FOR PENSION BENEFITS WITH A MANDATORY
CONTRIBUTION OF TWO (2%) PERCENT OF THE EMPLOYEES SALARY FOR SUCH
BENEFIT; PROVIDING THAT THE NEW SECTION IS MANDATORY FOR NEW
EMPLOYEES AND OPTIONAL FOR EXISTING EMPLOYEES; PROVIDING THAT THE
COLA ADJUSTMENT SET FORTH IN THIS SECTION SHALL APPLY TO ALL FORMS
OF BENEFITS SET FORTH IN SECTIONS 2-148, 2-149 AND 2-158 OF THE VILLAGE
CODE OF ORDINANCES; 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 989 be enacted as Ordinance 13-2000. Vice Mayor
Eissey seconded the motion, and all present voted aye.
BILL 990 -REZONING -LOT 30 OF PROSPERITY FARMS ROAD -PLACED ON FIRST
READING
Vice Mayor Eissey moved that Bi11990 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACI~, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE VILLAGE
GROCERY AND VILLAGE LAWNMOWER SHOP, LOCATED AT 9267-9271
PROSPERITY FARMS ROAD WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE PART HEREOF 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
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Minutes of Regular Session
Held Thursday, May 11, 2000
• Be placed on first reading and read by title alone. President Pro Tem Norris seconded the
motion.
During discussion, Councilman O'Meilia reported that he had had three ex pane
communications from residents who oppose the rezoning, and will file his records on those
communications with the Village Clerk. Staff was directed to forward the legal description
(Exhibit "A") prior to the second reading of the ordinance.
Thereafter, the motion passed 3-2, with Vice Mayor Eissey, President Pro Tem Norris and
Mayor Tringali voting aye, and Councilman O'Meilia and Councilman Noel voting nay.
BILI, 991 -AMENDING CC TRANSITIONAL COMMERCIAL ZONING DISTRICT -
PLACED ON FIRST READING
President Pro Tem Norris moved that Bill 991 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION F, YARDS, OF SECTION 45-32.1, CC
TRANSITIONAL COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C-ZONING
OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE FRONT YARD
SETBACK FOR PROSPERITY FARMS ROAD; PROVIDING FOR SEVERABILITY;
}'ROVIDING 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 Eissey seconded the motion. The
motion passed 3-2, with President Pro Tem Norris, Vice Mayor Eissey and Mayor Tringali
voting aye, and Councilman Noel and Councilman O'Meilia voting nay.
RESOLUTION 33-2000 ADOPTED -CREATING AD HOC COMMITTEE FOR MARINA
FEASIBILITY STUDY
Councilman Noel moved that Resolution 33-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING DAVID NORRIS, PRESIDENT PRO TEM OF THE
VILLAGE COUNCIL, DENNIS W. KELLY, VILLAGE MANAGER, AND GEORGE W.
BALDWIN, VILLAGE ATTORNEY, TO COMPRISE A COMMITTEE TO DETERMINE
"I'HE FEASIBILITY OF THE VILLAGE TO PURCHASE AND OPERATE THE NORTH
PALM BEACH MARINA, LOCATED AT 1037 MARINA DRIVE, NORTH PALM BEACH,
I'LORIDA, 33408; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
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Minutes of Regular Session
Held Thursday, May 11, 2000
• During discussion, Councilman O'Meilia moved to amend by including appointment of the
Planning Commission Chairman and the Recreation Advisory Board Chairman to the
Committee. The motion failed for lack of a second.
Councilman O'Meilia moved to add language to the resolution for necessity, and the need to
determine financial impact and to recommend funding capability. President Pro Tem Norris
seconded the motion. Upon further discussion, the proposed amendment for added language was
revised to state need, desirability and feasibility as the direction for the committee, with
feasibility to include the financial terms of the deal. Thereafter, the motion to amend passed 5-0.
Thereafter, the original motion, as amended, passed 5-0.
CI IANGE ORDER #6 APPROVED FOR PUBLIC SAFETY FACILITY
Vice Mayor Eissey moved to take Change Order #6 for the Public Safety facility from the table.
Cotmcilman O'Meilia seconded the motion, and ell present voted aye.
Vice Mayor Eissey moved to approve Change Order #6 in the amount of $28,539.52 for the
Public Safety facility; funds to be expended from K5710-66200 (Public Safety Facility-Building
and K5710-49920 (Public Safety Facility-Construction). Councilman O'Meilia seconded the
motion.
During discussion, Director of Public Services Tom Hogarth also requested an additional budget
transfer be approved to reimburse the construction account from the interest earned on the capital
account, since money had been taken from the construction account to fund the antenna program
for the Public Safety Department. Village Attorney George Baldwin recommended that
language be added to the Change Order stating there is no other compensation due the
Contractor. Mike Flattery, present of behalf of Gee & Jenson, said there would be no problem
with the additional language.
Thereafter, the motion to approve the change order passed 5-0.
Cou~tcilman O'Meilia moved to approve the requested budget transfer of $10,000 from K8535-
49149 (Interest) to K5710-66200 (Building). Councilman Noel seconded the motion, and all
present voted aye.
CHANGE ORDER #9-NPBCC -APPROVED
President Pro Tem Norris moved to approve Change Order #9 for liquidated damages in the
amount of $7,000 for the North Palm Beach Country Club renovation project, as recommended
by Architect Stephen Boruff. Councilman Noel seconded the motion.
During discussion, President Pro Tem Norris moved that the Village demand by letter a start date
• for the snack bar no later than Monday, May 15, 2000. Councilman Noel seconded the motion,
and all present voted aye.
Minutes of Regular Session
Held Thursday, May 11, 2000
• Thereafter, the original motion passed 5-0.
FEE AGREEMENT APPROVED FOR CANAL DREDGING
Vice Mayor Eissey moved to approve fee agreement in the amount of $29,660 for preparation of
contract documents and contract administration by the Village engineer; funds from A5206-
66210 (Community Planning-Const. & Major Renovation). Councilman O'Meilia seconded the
motion.
During discussion, President Pro Tem Norris moved to amend the motion to show that we are
approving the use of the Village Engineer to provide the services as outlined for the first-year
project pursuant to his existing contract with the Village, and as delineated in the 4/7/2000 letter.
Councilman O'Meilia seconded the motion.
During the discussion, Howard Searcy addressed the Council and reaffirmed that he did have an
hourly fee arrangement, but the contract calls for him to give the Village an estimate of what the
total fees would be.
"1'he motion to amend passed 5-0, and the original motion, as amended, passed 5-0.
ARCHITECT'S FEE ADJUSTMENT APPROVED FOR VILLAGE HALL RENOVATION
PROJECT
Councilman Noel moved to approve the architect's fee adjustment from $7,500 to $5,000 for
changes to the Village Hall renovation project, as negotiated by the Village Manager. Vice
Mayor Eissey seconded the motion. The motion passed 3-2, with Councilman Noel, Vice Mayor
Eissey and Mayor Tringali voting aye, and Councilman O'Meilia and President Pro Tem Norris
voting nay.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:20 p.m.
~~;~% ~~-
~Kathleen F. Kelly, CMC~"
Village Clerk
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