10-26-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, OCTOBER 26, 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
Councilman Noel gave the invocation, and Mayor Tringali led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Public Hearing (Bill 1008) held 10/12/00
Minutes of Regular Session held 10/12/00
REPORT OF THE MAYOR
Mayor Tringali proclaimed October 31, 2000 Arbor Day in the Village of North Palm Beach.
Public Services Director Tom Hogarth was present to accept the Proclamation, and announced
that there would be a tree planting on Alternate AlA at 8:30 a.m. on Tuesday, October 31, 2000.
1'he Council and the public were invited to attend.
The Mayor also proclaimed the week of October 22, 2000 through October 28, 2000 Florida City
• Government Week in the Village of North Palm Beach.
Minutes of Regular Session
Held Thursday, October 26, 2000
• Mayor Tringali established a committee for the purpose of meeting with owners of various
properties north of Parker Bridge to discuss purchase or long-term lease of the property for the
north substation. The committee will be comprised of President Pro Tem Norris, Village
Manager Dennis Kelly, Village Attorney George Baldwin and Chief Earl Johnson. Mr. Mori
Levin was also named as part of the group for the purpose of keeping the residents informed of
the progress in locating a property to house the north substation.
CONSENT AGENDA APPROVED
Vice Mayor Eissey moved to approve the Consent Agenda. Councilman Noel seconded the
motion, and all present voted aye. The following items were approved:
Received for file the Minutes of the Planning Commission Public Hearing held 10/3/00
Received for file the Minutes of the Planning Commission meeting held 10/3/00
Received for file the Minutes of the Recreation Advisory Board meeting held ] 0/10/00
Adopted Resolution 64-2000 opposing an initiative to amend the Florida Constitution to
provide undefined expenditures and resources for the study and development of a high
speed rail transportation system
Adopted Resolution 65-2000 adopting the unified Local Mitigation Strategy for the
Village of North Palm Beach
Adopted Resolution 66-2000 authorizing the Mayor and Village Clerk to renew lease
agreement with Williams Scotsman for one year for the substation north of Parker Bridge
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly announced that Saturday, December 2, 2000 is "North Palm
Beach Day" at the Jupiter Lighthouse Museum. Village residents will be admitted at no charge
from 1 to 5 p.m. on that day. Additionally, the Boat Parade is scheduled for Saturday, December
2, 2000 beginning at 6 p.m.
Mr. Kelly informed the Council that Eddie d'Ambra did not want to amend his contract to delete
the requirement fora $10 minimum, but requested that his letter deferring the charge be
considered sufficient.
Councilman O'Meilia moved that the contract not be amended at this time, but addressed by the
Council during the Country Club Budget sessions next July. Vice Mayor Eissey seconded the
motion, and all present voted aye.
• Councilman O'Meilia noted that the Planning Commission Minutes of 10/3/00 contained an
abstention of voting but did not include a "Conflict of Interest" form.
2
Minutes of Regular Session
Held Thursday, October 26, 2000
• Mr. O'Meilia moved that an article be placed in the upcoming Village Newsletter asking
residents to vote against the Constitutional Amendment which would provide funding for the
development of a high speed rail transportation system for the State of Florida. Vice Mayor
Eissey seconded the motion. The motion failed 1-4, with Councilman O'Meilia voting aye, and
Vice Mayor Eissey, Councilman Noel, President Pro Tem Norris and Mayor Tringali voting nay.
BILL 1010 ENACTED AS ORD. 33-2000 -BUDGET AMENDMENT FOR AUDIT
SERVICES
Councilman Noel 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
FRANCHISE FEE AND UTILITY TAX AUDIT
13e placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion,
and all present voted aye.
Councilman Noel moved that Bill 1010 be enacted as Ordinance 33-2000. Vice Mayor Eissey
seconded the motion, and all present voted aye.
BILL 1011 -AMENDING NOISE ORDINANCE -PLACED ON FIRST READING
President Pro Tem Norris 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
THE 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 TO
"NOISE CONTROL MEASUREMENT STANDARDS FOR FIXED MECHANICAL
EQUIPMENT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES N CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be placed on first reading and read by title alone. Councilman Noel seconded the motion.
•
Minutes of Regular Session
Held Thursday, October 26, 2000
• During discussion, changes were made to include a correction on Page 3 wherein "Section 119-
118 should read Section 19-118. Additionally, a portion of Section 19-118 regarding fixed
mechanical equipment was incorrectly deleted and is to be added back in.
Thereafter, all present voted aye.
BILL 1012 -CODE AMENDMENT -GENERAL PENALTY -PLACED ON FIRST
READING
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
7'HE CODE OF ORDINANCES OF THE VILLAGE TO CHANGE THE MAXIMUM TERM
OF IMPRISONMENT FROM SIX (6) MONTHS TO SIXTY (60) DAYS; 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. President Pro Tem Norris seconded the
motion, and all present voted aye.
KESOLUTION 67-2000 ADOPTED - AUTHORIZING AGREEMENT FOR FP&L
FRANCHISE FEE AUDIT
Councilman O'Meilia moved that Resolution 67-2000 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 LETTER AGREEMENT WITH HARRIS, COTHERMAN,
O'KEF.FE & ASSOCIATES, CERTIFIED PUBLIC ACCOUNTANTS, ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING AUDIT
SERVICES ON FRANCHISE FEES AND UTILITY TAXES REMITTED BY FLORIDA
POWER AND LIGHT TO THE VILLAGE OF NORTH PALM BEACH, FLORIDA, FOR "I'HE
CALENDAR YEARS 1997, 1998 AND 1999; AND, PROVIDING FOR AN EFFECTIVE
DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
WINN-DIXIE SIGN APPEAL DELAYED FOR 120 DAYS
• Attorney Stephanie Toothaker Walker of Ruden, McClosky, Smith, Schuster & Russell Law
Firm was present to appeal the decision of the Planning Commission which denied a Certificate
of Appropriateness for a wall sign at the Winn-Dixie Marketplace. Ms. Walker stated that they
v Minutes of Regular Session
Held Thursday, October 26, 2000
• disagree with the interpretation of Section 6-115(B) of the Code regarding content of permanent
accessory signs. Councilman O'Meilia moved to uphold the decision of the Planning
Commission to deny a Certificate of Appropriateness for "Bank-ATM-Food" wall sign at the
Winn Dixie Marketplace. The motion failed for lack of a second.
President Pro Tem Norris moved to overturn the decision of the Planning Commission to deny a
Certificate of Appropriateness for "Bank-ATM-Food" wall sign at the Winn Dixie Marketplace.
Vice Mayor Eissey seconded the motion. The motion failed 2-3, with President Pro Tem Norris
and Mayor Tringali voting aye, and Vice Mayor Eissey, Councilman O'Meilia and Councilman
Noel voting nay.
After further discussion, Ms. Walker agreed to the Council's proposal to defer the appeal process
and to send the matter back to the Planning Commission for further study with the intent of
possibly amending the Code to clarify language which reads "nature of the business". If a code
change is not forthcoming, the appeal process will be preserved until February 28th.
VILLAGE HALL COMPLEX -MASTER PLANNING STUDY - RFP'S AUTHORIZED
Vice Mayor Eissey moved to authorize staff to advertise Requests for Proposals from
architectural/planning consultants for possible building and site improvements to the Village
Hall complex located at 501 U. S. Highway 1. Councilman O'Meilia seconded the motion, and
all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:35 p.m.
/'
Kathleen F. Kelly, CMC. Village Cler
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