10-12-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 12, 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
C'otmcilman O'Meilia gave the invocation, and a member of the visiting Boy Scouts troop led the
public in the Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
7'he following Minutes were approved as written:
Minutes of 2nd Public Hearing (Budget) held 9/28/00
Minutes of Regular Session held 9/28/00
REPORT OF THE MAYOR
On behalf of the Village Council, Mayor Tringali presented atwenty-year Service Award to
Andrew Thomas of the Public Services Department.
CONSENT AGENDA APPROVED
Item 7.c. was removed from the Consent agenda, and became Item 13.d. on the Regular agenda.
• Thereafter, Mayor Eissey moved to approve the Consent Agenda, as amended. President Pro
7'em Norris seconded the motion, and all present voted aye. The following items were approved:
Minutes of Regular Session
Held Thursday, October 12, 2000
• a. Received for file the Minutes of the Code Enforcement Board held 9/11/00
b. Received for file the Minutes of the Library Advisory Board Meeting held 9/26/00
c. Adopted Resolution 60-2000 authorizing Mayor and Village Clerk to enter into an
Agreement with William H. Bell for the purposes of securing print shop operations
for the Village
REPORTS OF SPECIAL COMMITTEES
Councilman O'Meilia reported that the November ballot will contain an initiative to change the
Constitution for the State of Florida and mandate a High Speed Rail system for Florida.
Councilman O'Meilia reminded the Council that the last time this issue came up (1997), the
Village of North Palm Beach passed a resolution opposing it. The Palm Beach County League
of Cities will be preparing a resolution in opposition By consensus, the Village Council agreed
to adopt another resolution opposing the high speed rail system at the next October meeting so
that it can be published in the November Newsletter, prior to Election Day.
VILLAGE MANAGER'S REPORT
Mr. Kelly offered four recommendations regarding the screening of Tennis Pro applicants and
requested guidance from the Council. The Council will make a decision on the screening
process at the next Regular meeting.
Staff was asked to provide a resolution or proclamation for City Government Week, and also to
continue showing support of local businesses in the Village Newsletter.
BILL 1004 ENACTED AS ORD. 30-2000 -FRANCHISE AGREEMENT WITH FPL
FIBERNET
Councilman O'Meilia moved that Bill 1004 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 FPL FIBERNET, LLC,
ATTACHED AS EXHIBIT "A", WHICH FRANCHISE AGREEMENT AUTHORIZES FPL
FIBERNET, LLC, AS A TELECOMMUNICATIONS COMPANY TO UTILIZE PUBLIC
RIGHTS-OF-WAY WITHIN THE VILLAGE; AUTHORIZING AND DIRECTING THE
MAYOR AND THE VILLAGE CLERK TO EXECUTE THE FRANCHISE AGREEMENT;
YKOVIDING 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 Noel seconded the motion, and
all present voted aye.
2
Minutes of Regular Session
Held Thursday, October 12, 2000
• Councilman O'Meilia moved that Bill 1004 be enacted as Ordinance 30-2000. Vice Mayor
Eissey seconded the motion, and alI present voted aye.
131LI, 1008 ENACTED AS ORD. 31-2000 -AMENDING PROSPERITY HARBOR NORTH
Y.U.D.
Councilman Noel moved that Bill 1008 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ORDINANCE 31-96 WHICH CREATED A PLANNED
UNIT DEVELOPMENT KNOWN AS "PROSPERITY HARBOR NORTH" BY
ESTABLISHING SETBACKS FROM REAR AND SIDE PROPERTY LINES FOR POOLS
AND SCREEN ENCLOSURES WHICH ARE SET FORTH ON EXHIBIT "A" ATTACHED
AND MADE PART OF THIS ORDINANCE; 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. Councilman O'Meilia seconded the motion,
and all present voted aye.
]'resident Pro Tem Norris moved that Bill 1008 be enacted as Ordinance 31-2000. Councilman
Noel seconded the motion, and all present voted aye.
BILL 1009 ENACTED AS ORDINANCE 32-2000 -AMENDING TEMPORARY SIGNS
President Pro Tem Norris moved that Bill 1009 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (E), PERMISSIBLE SIZE, HEIGHT AND
NUMBER OF TEMPORARY SIGNS, OF SECTION 6-114, PERMITTED TEMPORARY
S1GNS, OF ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF THE CODE OF
ORDINANCES OF THE VILLAGE TO REDUCE THE AGGREGATE SIGN AREA OF A
TEMPORARY SIGN FROM THIRTY-TWO (32) SQUARE FEET TO SIXTEEN (16)
SQUARE FEET ON PARCELS OTHER THAN ONE-FAMILY RESIDENCES, TWO-
PAMILY RESIDENCES OR MULTI-FAMILY RESIDENCES; 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. Councilman Noel seconded the motion, and
• all present voted aye.
Minutes of Regular Session
Held Thursday, October ] 2, 2000
• Councilman O'Meilia moved that Bill 1009 be enacted as Ordinance 32-2000. President Pro
Tem Norris seconded the motion, and all present voted aye.
BILL 1010 -BUDGET AMENDMENT FOR AUDIT SERVICES -PLACED ON FIRST
READING
Councilman O'Meilia moved that Bill 1010 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2000-
2001 7'O APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FOR PERFORMING FP&L
FIZANCHISE FEE AND UTILITY TAX AUDIT
Be placed on first reading and read by title alone. Councilman Noel seconded the motion, and
all present voted aye.
RESOLUTION 61-2000 ADOPTED -ACCEPTING BID OF SUBAQUEOUS SERVICES,
INC. FOR DREDGING PROJECT
Vice Mayor Eissey moved that Resolution 61-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF SUBAQUEOUS SERVICES, INC., FORT LAUDERDALE,
}'LORIDA, IN THE AMOUNT OF $180,524.28 FOR PHASE 2 CANAL DREDGING; FUNDS
7'O BE EXPENDED FROM A5206-66210 (COMMUNITY PLANNING-CONSTRUCTION
AND MAJOR RENOVATION)
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 62-2000 ADOPTED -AUTHORIZING DREDGING CONTRACT
Vice Mayor Eissey moved that Resolution 62-2000 entitled:
A IESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE WITH SUBAQUEOUS
SERVICES, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE
PURPOSE OF SECURING DREDGING SERVICES FOR THE NORTH PALM BEACH
CANAL DREDGING PROJECT-PHASE 1; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
• 1'IZI-PARTY AGREEMENT FOR PBC RECREATION ASSISTANCE PROGRAM TABLED
UNTIL FURTHER NOTICE
Minutes of Regular Session
Held Thursday, October 12, 2000
• President Pro Tem Norris moved that a resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEAC}-I, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT WITH PALM BEACH COUNTY AND THE
SCHOOL BOARD OF PALM BEACH COUNTY, FOR NORTH PALM BEACH
}:I.EMENTARY SCHOOL BALL FIELD IMPROVEMENTS, WHICH AGREEMENT IS
ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE
I3e adopted. Councilman Noel seconded the motion.
During discussion, Village Attorney George Baldwin again recommended that ¶5 on Page 3 of
the Agreement be changed by deleting "North Palm Beach" from responsibility of all costs of
operation and maintenance.
Assistant Village Manager Doug Smith told the Council that the School Board is in the process
of revising the agreement and acting on it, but the Village has not received the revised agreement
yet. Further, Mr. Smith stated that this item was put on our agenda prematurely, since it had not
been the School Board's intention that we address it until they had addressed it. Mr. Smith's
recommendation was to hold this resolution until it is sent back to us by the Palm Beach County
School Board.
Vice Mayor Eissey moved to table the resolution until the School Board sends it to the Village
for action. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 63-2000 ADOPTED -AMENDING LEASE AGREEMENT WITH J.E.D.L.,
INC.
Vice Mayor Eissey moved that Resolution 63-2000 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 SECOND AMENDMENT TO LEASE AGREEMENT TO
CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH
COUNTRY CLUB WITH J.E.D.L., INC., BY DELETING SUBSECTION F OF SECTION 9,
LESSOR OBLIGATIONS, TO DELETE THE REQUIREMENT OF THE VILLAGE TO
ESTABLISH AND IMPLEMENT A MINIMUM RESTAURANT CHARGE OF TEN
llOLLARS ($10.00) FOR ANNUAL GOLF MEMBERSHIP; AND PROVIDING FOR AN
EFFECTIVE DATE
I3e adopted. Councilman Noel seconded the motion, and all present voted aye.
• HERB WATT BUILDING -CLOSED TO MEETING USE
Minutes of Regular Session
Held Thursday, October 12, 2000
• Councilman O'Meilia moved to close the building effective November 1, 2000, after notification
to groups who are using the building for meetings or who have possessions in the building.
President Pro Tem Norris seconded the motion, and all present voted aye.
Staff was directed to continue maintenance of the building.
COST F,STIMATE -RELOCATING HERB WATT BUILDING
Vice Mayor Eissey moved to direct staff to obtain a cost estimate for relocating the Herb Watt
Building to the Anchorage Park area. President Pro Tem Norris seconded the motion.
lluring discussion, Public Services Director told the Council that moving the building is really
not feasible, since it has an addition on it and also has a concrete slab foundation. Another issue
is that a cost couldn't even be determined until it was known where to put it because of the
electric and plumbing on the site. With all the factors involved in moving the building, Mr.
}logarth felt it was in conflict with the Master Recreation Plan, which is currently being
addressed by the Recreation Advisory Board. The Council stated that what they had intended
was a list of alternatives, and if moving the building is not feasible, to include that in the report.
Vice Mayor Eissey and President Pro Tem Norris agreed to amend the motion accordingly by
directing staff to provide information to the Council about the feasibility of moving the building.
The motion passed 5-0.
ASBESTOS STUDY AUTHORIZED FOR HERB WATT BUILDING
Councilman Noel moved to authorize an asbestos study of the Herb Watt Building. Vice Mayor
Eissey seconded the motion.
During discussion, it was clarified that the study is only to determine if there is asbestos
contained in the building.
Thereafter, the motion passed 5-0.
ADJOURNMENT
With no fi~rther business to come before the Council, the meeting adjourned at 8:40 p.m.
a hleen F. Kelly, CMC. Village Cler
•