11-09-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, NOVEMBER 9, 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
President Pro Tem Norris gave the invocation, and Councilman O'Meilia led the public in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
7'he following Minutes were approved as written:
Minutes of Regular Session held 10/26/00
KEPORT OF THE MAYOR
Mayor Tringali presented awards to the North Palm Beach Fire Department as follows: the
1999 Life Safety Achievement Award and the Fire Safe Station Award, as awarded by the
Residential Fire Safety Institute during the month of October 2000. Chief J. D. Armstrong was
present to accept the awards on behalf of the North Palm Beach Fire Department. Also present
was Fireman Paul Ward.
President Pro Tem David Norris gave a status report regarding the committee for the Public
Safety north substation property search and reported that they would be meeting with
• Commissioner Karen Marcus on November 27, 2000. A status report will be given under Item 9
of the Regular Session agenda in future meetings.
Minutes of Regular Session
Held Thursday, November 9, 2000
•
CONSENT AGENDA APPROVED
Items 7.c. and 7.i. were removed from the Consent Agenda and placed under 13.b. and 14.b.,
respectively. President Pro Tem Nonis moved to approve the Consent Agenda, as amended.
Vice Mayor Eissey seconded the motion, and all present voted aye. The following items were
approved:
a. Received for file the Minutes of the Code Enforcement Board held 10/2/00
b. Received for file the Minutes of the Library Advisory Board Meeting held 10/24/00
Adopted Resolution 69-2000, accepting bid of Generation Green, Inc., Palm Beach
Gardens, FL, in the amount of $20,388 for weekly landscaping maintenance for
new landscaping along U. S. 1 at the NPBCC and around the Clubhouse; funds to
be expended from L8059-33491 (Contractual Services)
d. Adopted Resolution 70-2000 authorizing the Mayor and Village Clerk to execute
an Interlocal Agreement with Palm Beach County for School Concurrency
e. Declared 1993 Ford tractor with loader bucket to be surplus equipment at the North
Palm Beach Country Club
f. Approved vacation sick leave reimbursement to Raymond Morrison, Country Club
employee, plus applicable benefit costs
g. Suspended Council meetings of 11/23/00 and 12/28/00 in observance of the
Thanksgiving and Christmas holidays, respectively.
REPORTS OF SPECIAL COMMITTEES
Councilman O'Meilia reported that the Northlake Blvd. Corridor Task Force had approved the
final design contract with the Consultant for the landscaping within the right-of--way between
Military Trail and U. S. 1 on Northlake Blvd. Councilman O'Meilia reported that the contract
would be in the neighborhood of $250,000, funded by Palm Beach County. Additionally, he
suggested that the Village consider putting a "Zoning-in-Progress" ordinance on the next
possible agenda for discussion and consideration so that area businesses would be on alert as to
what was happening in the overlay zoning process.
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Minutes of Regular Session
Held Thursday, November 9, 2000
• VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reviewed the schedule of special upcoming meetings and events,
including the "North Palm Beach Residents Day" at the Florida History Center in Jupiter on
December 3, 2000.
Mr. Kelly referred the Council to a letter he had distributed prior to the meeting wherein he
discusses past due monies owed to the Village by Mr. D'Ambra for rent of the North Palm
Beach Country Club restaurant. The consensus of Council was to put the item at the front of the
workshop following this Regular Session meeting.
BILL 1011 -AMENDING NOISE ORDINANCE -ENACTED AS ORD. 34-2000
Councilman O'Meilia moved that Bill 1011 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VI, NOISE
CONTROL, OF CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVISIONS, OF
THF, CODE OF ORDINANCES OF THE VILLAGE; AMENDING SECTION 19-99,
DEFINITIONS TO DELETE THE DEFINITION FOR "NOISE" AND AMENDING THE
DEFINITION FOR "UNNECESSARY, EXCESSIVE OR OFFENSIVE NOISE"; AMENDING
SECTION 19-113, NOISE MEASUREMENT PROCEDURE; AMENDING SECTION 19-116,
ENFORCEMENT-AUTHORITY; AMENDING SECTION 19-117, SAME-PROCEDURE;
AMENDING SECTION 19-118 INCLUDING CHANGING THE TITLE THEREOF 7'O
"NOISE CONTROL MEASUREMENT STANDARDS FOR FIXED MECHANICAL
EQUIPMENT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
AI.L ORDINANCES OR PARTS OF ORDINANCES N CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be placed on second reading and read by title alone. Councilman Noe] seconded the motion, and
all present voted aye.
Councilman O'Meilia moved that Bill 101 I be enacted as Ordinance 34-2000. Councilman Noel
seconded the motion, and all present voted aye.
1311,1. 1012 -CODE AMENDMENT -GENERAL PENALTY -ENACTED AS ORD. 35-2000
Councilman O'Meilia moved that Bill 1012 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (a) OF SECTION 1-8, GENERAL.
PENALTY; CONTINUING VIOLATIONS; OF CHAPTER 1, GENERAL PROVISIONS, OF
• 1'HIs CODE OF ORDINANCES OF THE VILLAGE TO CHANGE THE MAXIMUM TERM
OF IMPRISONMENT FROM SIX (6) MONTHS TO SIXTY (60) DAYS; PROVIDING POR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS O}'
3
Minutes of Regular Session
Hcld Thursday, November 9, 2000
• 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 1012 be enacted as Ordinance 35-2000. Vice Mayor
F~issey seconded the motion, and all present voted aye.
BILL 1013 -ALARM PERMIT FEE INCREASE -PLACED ON FIRST READING
Councilman 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 ]9 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 first reading and read by title alone. Vice Mayor Eissey seconded the motion, and
all present voted aye.
B] LL 1014 -CODE AMENDMENT -DOCK SPACE
Councilman O'Meilia moved that Bill 1014 entitled:
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
1Z-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 first reading and read by title alone. Councilman Noel seconded the motion
• During discussion, subsection (d), fourth line from the bottom was revised to read: "Dockage
space and facilities for mooring shall also be permitted."
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Minutes of Regular Session
I leld Thursday, November 9, 2000
• Page 2, first line was revised to read: "siblings, children and grandchildren of the fee simple
property owner who resides on the premises or full-time occupant of the premises."
The word "consecutive" was deleted from the last sentence in paragraph 2 of page 2.
Thereafter, the motion passed 3-2, with Councilman O'Meilia, Councilman Noel and President
Pro Tem Norris voting aye, and Vice Mayor Eissey and Mayor Tringali voting nay.
BILL 1015 -TELECOMMUNICATIONS FRANCHISE AGREEMENT - E.SPIRE -PLACED
ON FIRST READING
Vice Mayor Eissey moved that Bill 1015 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A FRANCHISE AGREEMENT WITH AMERICAN
COMMUNICATIONS SERVICES OF JACKSONVILLE, INC., D/B/A e.spire, AS A
TELECOMMUNICATIONS COMPANY TO UTILIZE PUBLIC RIGHTS-OF-WAY WIT1iIN
TI3E VILLAGE; AUTHORIZING AND DIRECTING THE MAYOR AND THE AGE CLERK
TO EXECUTE THE FRANCHISE AGREEMENT; PROVIDING FOR THE REPEAL OF ALI.
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROV]DING FOR AN EFFECTIVE DATE
Be placed on first reading and read by title alone. Councilman Noel seconded the motion.
During discussion, it was agreed by consensus to follow the recommendation of Village Attorney
George Baldwin that the last sentence of Section 6.1 (a) be deleted.
Thereafter, the motion passed 5-0.
BILL, 1016 -TELECOMMUNICATIONS FRANCHISE AGREEMENT - METROMEDIA -
PLACED ON FIRST READING
Councilman Noel moved that Bill 1016 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A FRANCHISE AGREEMENT WITH METROMEDIA FIBER
NETWORK SERVICES, INC. ATTACHED AS EXHIBIT "A", WHICH FRANCHISE
AGREEMENT AUTHORIZES METROMEDIA FIBER NETWORK SERVICES, INC., AS A
TELECOMMUNICATIONS COMPANY TO UTILIZE PUBLIC RIGHTS-OF-WAY WITHIN
• 1'}iE VILLAGE; AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO
EXECUTE THE FRANCHISE AGREEMENT; PROVIDING FOR THE REPEAL OF ALL
Minutes of Regular Session
l leld Thursday, November 9, 2000
• ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
Vice Mayor Eissey seconded the motion.
]t was noted that, as in the prior franchise agreement with e.spire, the last sentence in Section 6.1
(a) shall be deleted.
Thereafter, the motion passed 5-0.
RESOLUTION 70-2000 ADOPTED - APPROVING ___911 LOGGER/RECORDER
MAINTENANCE AGREEMENT
Councilman O'Meilia moved that Resolution 70-2000 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 A MAINTENANCE CONTRACT WITH DICTAPHONE
CORPORATION ATTACHED AS EXHIBIT "A", WHICH MAINTENANCE CONTRACT IS
I'OR THE PURPOSE OF MAINTAINING THE 911 LOGGER/RECORDER SYSTEM OF
TI IE PUBLIC SAFETY DEPARTMENT; AND, PROVIDING FOR AN EFFECTIVE DATE
Bc adopted. President Pro Tem Norris seconded the motion, and all present voted aye.
RESOLUTION 71-2000 ADOPTED -AUTHORIZING LOAN DOCUMENTS WITH FIRST
UNION NATIONAL BANK
Councilman Noel moved that Resolution 71-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE.
CLERK TO EXECUTE AND DELIVER CERTAIN LOAN DOCUMENTS WITH FIRST
UNION NATIONAL BANK OF FLORIDA FOR LOAN NOT TO EXCEED $860,000
ATTACHED AS EXHIBIT "A" TO REFINANCE COUNTRY CLUB LOAN AND TO
FINANCE CERTAIN CAPITAL EQUIPMENT; AND, PROVIDING FOR AN EFFECTIVE
DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 72-2000 ADOPTED
Councilman Noel moved that Resolution 72-2000 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA; AUTHORIZING THE ISSUANCE OF A NOTE OF THE VILLAGE IN
Minutes of Regular Session
Held Thursday, November 9, 2000
r~
~J
THE PRINCIPAL AMOUNT OF $860,000 TO REFINANCE A PROMISSORY NOTE OF
THE VILLAGE AND TO FINANCE VARIOUS CAPITAL EXPENDITURES; PROVIDING
THAT SUCH NOTE SHALL BE A LIMITED OBLIGATION OF THE VILLAGE SECURED
BY FRANCHISE FEES AND PUBLIC SERVICE TAXES OF THE VILLAGE; PROVIDING
FOR THE RIGHTS, SECURITY AND REMEDIES FOR THE OWNER OF SUCH NOTE;
MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
Be read by caption only. Vice Mayor Eissey seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Resolution 72-2000 be adopted. President Pro Tem Norris
seconded the motion, and all present voted aye.
SCOPE OF SERVICES APPROVED FOR TENNIS DIRECTOR
}'resident Pro Tem Norris moved to approve the Scope of Services for the position of Tennis
Director at the North Palm Beach Country Club. Councilman Noel seconded the motion, and all
present voted aye.
SELECTION PROCESS APPROVED FOR NPB TENNIS DIRECTOR
Vice Mayor Eissey moved to allow the Village Manager to select the three Pros without
consulting with the Council and without consulting with anyone other than the individuals,
~a~hoever they are, and that those people shall select five finalists and turn those names over with
their resumes to the CCAB, the CCAB to make absolutely certain that those five finalists meet
the criteria that we have approved already this evening and then turn those five finalists over to
the Council and we will select whomever. Councilman Noel seconded the motion.
Councilman O'Meilia moved to amend the motion by directing the Country Club Advisory
Board to rank the shortlist of five applicants. President Pro Tem Norris seconded the motion,
and all present voted aye.
Thereafter, the main motion passed 5-0.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:50 p.m.
Ka hleen F. Kelly, CMC. Village Cler
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