09-14-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 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:
"I'he meeting was called to order at 7:40 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 MUTES
1'he following Minutes were approved as written:
Minutes of Regular Session held 8/24/00
REPORT OF THE MAYOR
Mayor Tringali proclaimed the month of September as Sickle Cell Awareness Month in the
Village of North Palm Beach. Yvette Coursey, Executive Director of the Sickle Cell foundation
of Palm Beach County was present to accept the Proclamation.
Mayor Tringali announced that the North Palm Beach Yacht Club will hold an official "Blessing
of the Fleet" for the children's sailing program on Saturday, October 14th at Lakeside Park.
Because the Village contributed funds to the sailing program, it will name one of the six boats in
the fleet. Councilman O'Meilia was given the honor of christening the boat on behalf of the
• Village, and naming it after the submarine he served on while in the United States Navy. The
Minutes of Regular Session
Held Thursday, September 14, 2000
• name of the submarine was the U.S.S. Roncador, and sometimes known by its nickname, the
"Snorer".
CONSENT AGENDA APPROVED
Item 7.f. was removed from the Consent agenda, and became Item 13.e. on the Regular agenda.
'T'hereafter, Councilman O'Meilia moved to approve the Consent Agenda, as amended. President
Pro Tem Norris seconded the motion, and all present voted aye. The following items were
approved:
Keceived for file the Minutes of the Recreation Advisory Board Meeting held 8/8/00
Received for file the Minutes of the Planning Commission Meeting held 8/15/00
Received for file the Minutes of the Library Advisory Board Meeting held 8/22/00
Received for file the 8/15/00 recommendation of the Planning Commission to "approve
amendment to Prosperity Harbor North PUD regarding setbacks for screen enclosures for both
single family units and townhouse to provide minimum 2.5' clear deck between pool and
screen".(See Workshop Item 4.j).
Received for file the 8/15/00 recommendation of the Planning Commission that "temporary signs
be limited to 16 square feet per face maximum 8 feet high" (see Workshop Item 4.k).
Lifted hiring freeze for Public Safety Officer position (job code #5711-0133) in the Dept. of
Public Safety
Approved Motorcycle Lease Program for 2 new motorcycles for Fiscal Year 2000-2001
REPORTS OF SPECIAL COMMITTEES
Councilman Noel requested that the Village Council meet with the Prosperity Farms Road
Landscaping ad hoc committee prior to its meeting in Special Workshop with the Department of
Transportation on October 19, 2000.
Councilman O'Meilia told the Council that the League of Cities Legislative Agenda would be
distributed, and he asked Council to submit any revisions or additions.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reviewed meeting dates with the Council for the remainder of the
month.
Mr. Kelly reported that the Crystal's case has been resolved, and Special Counsel Tom Baird
would try to attend this meeting to review it later in the evening.
2
Minutes of Regular Session
Held Thursday, September 14, 2000
• BILL 1003 -BUDGET FOR FISCAL YEAR 2000-2001 -PLACED ON FIRST READING
Councilman Don Noel moved that Bill 1003 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING
BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 2000, TO SEPTEMBER 30, 2001, BOTH
INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND,
INCLUDING DEBT RETIREMENT, AND FOR THE NORTH PALM BEACH COUNTRY
CLUB REVENUE FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH
THIS ORDINANCE
Be placed on first reading and read by title alone. President Pro Tem Norris seconded the
motion. The motion passed 4-1, with Councilman Noel, President Pro Tem Norris, Vice Mayor
Eissey and Mayor Tringali voting aye, and Councilman O'Meilia voting nay.
B1LI. 1004 -FPL FIBERNET FRANCHISE AGREEMENT -TABLED TO 9/28100
Vice Mayor Eissey 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
RIGI~TS-OF-WAY WITHIN THE VILLAGE; AUTHORIZING AND DIRECTING THE
MAYOR AND THE VILLAGE CLERK TO EXECUTE THE FRANCHISE AGREEMENT;
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 O'Meilia seconded the motion.
During discussion with Dan Taylor, Attorney for FPL FiberNet, the Village Council requested
that alternate language be inserted regarding the $500/linear foot fee to add a "franchise fee of
1%, or whichever is greater" should they ever become a local service provider for
telecommunications within the Village of North Palm Beach. Additionally, the Village Council
asked for a definition of "material breach" as stated in the contract, as well as a definition of
"affiliate" as it relates to assignment in 10.3.a.
President Pro Tem Norris moved to table the first reading of Bill 1004 until the next Regular
Session on September 28, 2000. Councilman Noel seconded the motion, and all present voted
aye.
• BILL 1005 -OCCUPATIONAL LICENSING FEES -PLACED ON FIRST READING
3
Minutes of Regular Session
Held Thursday, September 14, 2000
Councilman O'Meilia moved that Bill 1005 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 17-33, LICENSE TAX SCHEDULE, OF
ARTICLE II, OCCUPATIONAL LICENSES, OF CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED AS EXHIBIT
"A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
I3e placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, and
all present voted aye.
BILL 1006 -PERMIT FEES -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1006 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 104.7.4, SCHEDULE OF PERMIT FEES, OF
TIIE 1997 EDITION OF THE STANDARD BUILDING CODE AS AMENDED AND
ADOPTED BY SECTION 6-17 OF THE CODE OF ORDINANCES OF THE VILLAGE,
WIilC1-I AMENDMENT INCREASES PERMIT FEES AND IS FULLY SET FORTH AND
ATTACHED TO THIS ORDINANCE AS EXHIBIT "A"; 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 Norris seconded the motion, and
all present voted aye.
131I,I. 1007 -SOLID WASTE DISPOSAL FEES -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1007 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (2) OF SECTION 14-30, COMMERCIAL
USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES, OF
ARTICLE II, GARBAGE, TRASH AND REFUSE, OF CHAPTER 14 OF THE CODE OF
ORDINANCES OF THE VILLAGE BY INCREASING THE ANNUAL DISPOSAL FEES
FOR GARBAGE, TRASH AND REFUSE; PROVIDING FOR SEVERABILITY; PROVIDING
POR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
}lEREWITI~; AND, PROVIDING FOR AN EFFECTIVE DATE
• Be placed on first reading and read by title alone. Councilman Noel seconded the motion, and
all present voted aye.
4
Minutes of Regular Session
Feld Thursday, September 14, 2000
• RESOLUTION 52-2000 ADOPTED - AMENDING PERSONNEL RULES AND
REGULATIONS -SALARY RANGES
President Pro Tem Norris moved that Resolution 52-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING APPENDIX II OF THE PERSONNEL RULES AND
REGULATIONS OF THE VILLAGE ADOPTED BY RESOLUTION 29-97, WHICH
AMENDMENT IS ATTACHED AS EXHIBIT "A" AND REPLACES SALARY SCHEDULES
OF VILLAGE PERSONNEL; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion.
During discussion, it was determined that there will be further revisions to the schedule due to
changes made in some part-time salaries during the budget sessions. It was agreed that a
Consent Agreement should be obtained from the bargaining units and forwarded to PERC.
"Thereafter, the motion passed 5-0.
RESOLUTION 53-2000 ADOPTED - AMENDING PERSONNEL RULES AND
REGULATIONS -CERTIFICATION AND LICENSE PAY
Councilman Noel moved that Resolution 53-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 4.06(e) ENTITLED "CERTIFICATION AND
LICENSE PAY" OF THE PERSONNEL RULES AND REGULATIONS FOR THE VILLAGE
ADOPTED BY RESOLUTION 29-97, WHICH AMENDMENT IS MORE PARTICULARLY
DESCRIBED IN ATTACHMENT "A" ATTACHED TO THIS RESOLUTION; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 54-2000 ADOPTED -SALARY ADJUSTMENTS
Councilman Noel moved that Resolution 54-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE RECOMMENDED SALARY ADJUSTMENTS -
REVISED CERTIFICATION PAY POLICY FOR PARAMEDICS (IAFF). PUBLIC SAFETY
OFFICERS (PBA) AND EMPLOYEES HIRED DURING FISCAL YEAR 1999-2000 AS SET
• FORTH IN TABLES 1, 2 AND 3 ATTACHED TO THIS RESOLUTION AND MADE PART
HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE
Minutes of Regular Session
Held Thursday, September 14, 2000
• Be adopted. President Pro Tem Norris seconded the motion, and all present voted aye.
RESOLUTION 55-2000 ADOPTED -AWARD BID FOR PIZZA OVEN
Vice Mayor Eissey moved that Resolution 55-2000 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF CHOICE RESTAURANT EQUIPMENT, WEST PALM BEACH,
FLORIDA, IN THE AMOUNT OF $11,684 FOR A GAS PIZZA OVEN FOR THE COUNTRY
CLUB CLUBHOUSE SNACK BAR; FUNDS TO BE EXPENDED FROM L8059-66210
(CLUBHOUSE GROUNDS EXPENSE -CONSTRUCTION & MAJOR RENOVATION)
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 56-2000 ADOPTED -AMENDING LEASE AGREEMENT WITH J.E.D.L.,
INC. FOR STORAGE SPACE AT THE NPBCC RESTAURANT
President Pro Tem Norris moved that Resolution 56-2000 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 FIRST AMENDMENT TO LEASE AGREEMENT TO
CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH
COUN7'KY CLUB WITH J.E.D.L., INC., BY ADDING A STORAGE SPACE TO THE
DEMISED PREMISES; AND PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
During discussion Councilman O'Meilia moved to charge an additional $65.00 per month for the
added space. The motion died for lack of a second.
Thereafter, the motion passed 4-1, with President Pro Tem Norris, Vice Mayor Eissey,
Councilman Noel and Mayor Tringali voting aye, and Councilman O'Meilia voting nay.
SE7'7'LEMENT APPROVED BETWEEN DAVID LOONAN AND THE VILLAGE OF
NORTH PALM BEACH
Councilman Noel moved to approve a settlement in the amount of $24,500 between David
l,oonan, Plaintiff, and the Village of North Palm Beach as a municipal corporation and Dennis
Kelly and Earl "Duke" Johnson, individually and on behalf of the Village of North Palm Beach
for any and all civil lawsuits including but not limited to Case #CL00-8355AJ, with voluntary
termination of employee upon receipt of settlement proceeds, with agreement to not apply for
• fiiture employment with the Village of North Palm Beach. Vice Mayor Eissey seconded the
motion, and all present voted aye.
Minutes of Regular Session
Held Thursday, September 14, 2000
• PROJECT FOR AWNINGS AT THE NORTH PALM .BEACH COUNTRY CLUB
APPROVED
Vice Mayor Eissey moved to approve three awnings at the North Palm Beach Country Club and
directed staff to proceed with the bid process. Councilman Noel seconded the motion, and all
present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:09 p.m.
~~
K thleen F. Kelly, CMC. Village C rk
•