09-28-2000 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 28, 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
Mayor Tringali gave the invocation, and President Pro Tem Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
7'he following Minutes were approved as written:
Minutes of Public Hearing (Loonan Settlement) held 9/14/00
Minutes of Public Hearing (Budget) held 9/14/00
Minutes of Regular Session held 9/14/00
REPORT OF THE MAYOR
Mayor Tringali announced that the issue of dock rentals in residential districts will be discussed
at the Workshop Session of October 12, 2000.
• CONSENT AGENDA APPROVED
Minutes of Regular Session
Held Thursday, September 28, 2000
• Item 7.f, was removed from the Consent agenda, and became Item 14.j. on the Regular agenda.
Thereafter, Councilman O'Meilia moved to approve the Consent Agenda, as amended.
Councilman Noel seconded the motion, and all present voted aye. The following items were
approved:
a. Received for file the Minutes of the Recreation Advisory Board Meeting held
9/12/00
b. Received for file the Minutes of the Country Club Advisory Board Meeting held
9/11/00
c. Received for file the 9/11/00 recommendation of the Country Club Advisory Board
that "Council accept the letter of deferral ($]0 minimum) from Mr. D'Ambra on
behalf of the North Palm Beach Country Club membership
d. Received for file the 9/1 I/00 recommendation of the Country Club Advisory Board
that Council "accept the revised job description for the Country Club
Administrator"
e. Approved Public Safety Dept. expenditure of $8,500 in donated funds for physical
fitness equipment
f Approved budget transfer of $9,000 from A5711-11210 (Regular Pay) to A5510-
34110 (Telephone) to cover estimated costs for remainder of year in the Public
Safety Dept.
g. Approved Architects rankings as submitted by Renovation Committee and
authorize staff to negotiate contract with No. 1 ranked firm Bruno-Elias &
Associates
h. Lifted hiring freeze for PSO position (job code #5711-0136) in the Public Safety
Dept; per needs assessment and position audit
Lifted hiring freeze for Dispatcher position (job code #5711-0116) in the Public
Safety Dept; per needs assessment and position audit
j. Lifted hiring freeze for Parkskeeper position (job code #8023-0106) in the Public
Services Dept.; per needs assessment and position audit
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly relayed an invitation from the Recreation Advisory Board to the
• Village Council to join them at their meeting of Tuesday, November 11, 2000 to listen to
Michael Redd's presentation on the next phase of the Master Recreation Plan. He also told the
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Minutes of Regular Session
Held Thursday, September 28, 2000
• Council that it was invited to a ribbon cutting for Southern Bank at the old Olive Garden
Building on Monday, October 16, 2000 at 5:30.
13] [.L 1000 -UTILITY TAX INCREASE -ENACTED AS ORD. 24-2000
Councilman Noel moved that Bill 1000 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 26-29 OF ARTICLE III, UTILITY TAX, OF
CHAPTER 26 OF THE CODE OF ORDINANCES OF THE VILLAGE BY CHANGING THE
TAX LEVIED ON THE PURCHASE OF ELECTRICITY, METERED NATURAL GAS,
LIQUEFIED PETROLEUM GAS EITHER METERED OR BOTTLED, MANUFACTURED
GAS EITHER METERED OR BOTTLED FROM NINE (9%) PERCENT TO TEN (10%)
PERCENT WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF NORTH PALM
BEACH; 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. President Pro Tem Norris seconded the
motion, and all present voted aye.
Councilman Noel moved that Bill 1000 be enacted as Ordinance 24-2000. President Pro Tem
Norris seconded the motion, and all present voted aye.
BII L 1001 -TELECOMMUNICATIONS SERVICE TAX INCREASE -ENACTED AS ORD
25-2000
}'resident Pro Tem Norris moved that Bill 1001 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 26-51 OF ARTICLE IV,
7'L'LECOMMUNICATIONS SERVICE TAX, OF CHAPTER 26, TAXATION, OF THE CODE
OF ORDINANCES OF THE VILLAGE BY INCREASING THE TELECOMMUNICATIONS
SERVICE TAX FROM SIX (6%) PERCENT TO SEVEN (7%) PERCENT; 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.
• President Pro Tem Norris moved that Bill 1001 be enacted as Ordinance 25-2000. Vice Mayor
Eissey seconded the motion, and all present voted aye.
Minutes of Regular Session
Held Thursday, September 28, 2000
• BI1,1. 1002 -ESTABLISHING FEES FOR TELECOMMUNICATIONS SERVICES -
ENACTED AS ORD. 26-2000
Councilman O'Meilia moved that Bill 1002 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (6) OF SECTION 28-3 OF CHAPTER 28,
USE OF RIGHTS-OF-WAY FOR UTILITIES, OF THE CODE OF ORDINANCES OF 7'1IE
VILLAGE TO PROVIDE FOR AND ESTABLISH FEES FOR ANY PERSON PROVIDING
'TELECOMMUNICATIONS SERVICES DEFINED AS TOLL SERVICES IN SECTION
203.012(7), FLORIDA STATUTES; 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.
Vice Mayor Eissey moved that Bill 1002 be enacted as Ordinance 26-2000. President Pro Tem
Norris seconded the motion, and all present voted aye.
BI[,I, 1004 -FRANCHISE AGREEMENT WITH FPL FIBERNET -PLACED ON FIRST
READING
Vice Mayor Eissey moved that Bill 1004 be taken from the table. Councilman Noel seconded
the motion, and all present voted aye.
Councihnan 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;
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, Attorney Jorge Cruz-Bustillo of Leibowitz & Associates, reviewed the
revised Fibernet agreement with the Village Council. The Council restated the language in
• Section G.1 Indemnification to read: The Franchisee's obligation to indemnify the Village shall
not extend to any claims solely caused by the negligence of the Village, elected and appointed
officers, boards, commissions, legal counsel, employees and agents.
Minutes of Regular Session
Held Thursday, September 28, 2000
• Thereafter, the motion passed 5-0.
BILL 1005 -OCCUPATIONAL LICENSING FEES -ENACTED AS ORD. 27-2000
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
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 to enact Bill 1005 as Ordinance 27-2000. Vice Mayor Eissey
seconded the motion, and all present voted aye.
BILL 1006 -INCREASING PERMIT FEES -ENACTED AS ORD. 28-2000
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
THE 1997 EDITION OF THE STANDARD BUILDING CODE AS AMENDED AND
ADOPTED BY SECTION 6-17 OF THE CODE OF ORDINANCES OF THE VILLAGE,
WHICH AMENDMENT INCREASES PERMIT FEES AND IS FULLY SET FORTH AND
A'1"1'ACHED 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 second reading and read by title alone. Vice Mayor Eissey seconded the motion,
and all present voted aye.
Councilman O'Meilia moved that Bill 1006 be enacted as Ordinance 28-2000. Vice Mayor
Eissey seconded the motion, and all present voted aye.
• BILL 1007 -SOLID WASTE DISPOSAL FEES -ENACTED AS ORD. 29-2000
Councilman O'Meilia moved that Bill 1007 entitled:
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Minutes of Regular Session
Held Thursday, September 28, 2000
• 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 11, 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
F'OR 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. President Pro Tem Norris seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 1007 be enacted as Ordinance 29-2000. President Pro
Tem Norris seconded the motion, and all present voted aye.
BILL 1008 -PROSPERITY HARBOR NORTH PUD AMENDMENT -PLACED ON FIRST
READING
Councilman O'Meilia 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 TH[S 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 first reading and read by title alone. Councilman Noel seconded the motion, and
all present voted aye.
Bl l_L 1009 -SIGN CODE AMENDMENT -PLACED ON FIRST READING
Councilman O'Meilia 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
SIGNS, OF ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF THE CODE OF
ORI]NANCES 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-
FAMILY RESIDENCES ORMULTI-FAMILY RESIDENCES; PROVIDING FOR
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Minutes of Regular Session
Held Thursday, September 28, 2000
• 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.
RFSOI UTION 58-2000 ADOPTED -ACCEPTING DREDGING BID OF SUB-AOUEOUS
SERVICES
Councilman Noel moved that a resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF SUB-AQUEOUS SERVICES, INC., FORT LAUDERDALE,
FLORIDA, IN THE AMOUNT OF $271,340 FOR PHASE 1 CANAL DREDGING; FUNDS
TO BE EXPENDED FROM A5206-66210 (COMMUNITY PLANNING-CONSTRUCTION
AND MAJOR RENOVATION)
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. The Notice to
Proceed will not be issued until the Village obtains an answer regarding its liability for seawall
structures.
IESOLUTION 59-2000 ADOPTED -LONGEVITY PAY FOR PART-TIME EMPLOYEES
Councilman Noel moved that a resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
AMENDING SECTION 4.07, LONGEVITY, OF THE PERSONNEL RULES AND
REGULATIONS OF THE VILLAGE ADOPTED BY RESOLUTION 29-97, BY ADDING A
CAPT]ON "REGULAR EMPLOYEES" TO THE SECTION DEALING WITH LONGEVITY
PAY FOR PART-TIME EMPLOYEES OF THE VILLAGE; AND, PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Councilman O'Meilia seconded the motion.
During discussion, Assistant Village Manager Doug Smith requested and received approval that
the 2% or 4% (if applicable) be added back in for longevity pay, if an employee is eligible, so
that it is not lost as a result of the salary reductions which took place.
Thereafter, the motion passed 5-0.
•
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Minutes of Regular Session
Held Thursday, September 28, 2000
• TENNIS PROFESSIONAL CONTRACT -REQUESTS FOR PROPOSALS
Councilman Noel moved to direct staff to advertise Requests for Proposals for a Tennis
Professional at the North Palm Beach Country Club. President Pro Tem Norris seconded the
motion.
During discussion, the Council was addressed by approximately 16 people from the audience
regarding this issue. Additionally, the current Tennis Pro, Buddy Goeltz, submitted the monthly
calendar of organized tennis activities for October and asked that it be made part of the record.
Thereafter, the motion passed 4-1, with Councilman Noel, President Pro Tem Norris,
Councilman O'Meilia and Vice Mayor Eissey voting aye, and Mayor Tringali voting nay.
RECESS
Tl~e Council recessed at 9:55 p.m. and reconvened at 10:05 p.m.
POOL MANAGER CONTRACT TO BE RENEGOTIATED
Vice Mayor Eissey moved to direct staff to renegotiate athree-year contract with Pool Manager
Dick Cavanah for his services at the North Palm Beach Country Club Swimming Pool.
Councilman O'Meilia seconded the motion.
During discussion, Councilman O'Meilia moved to amend the motion by adding an evaluation
program to be conducted annually during the month of March or April Councilman Norris
seconded the motion, and all present voted aye.
As discussion continued, the consensus of Council was to also incorporate an evaluation program
annually in March or April in the contract for Tennis Professional.
Thereafter, the main motion passed 4-1, with Vice Mayor Eissey, Councilman O'Meilia,
Councilman Noel and President Pro Tem Norris voting aye, and Mayor Tringali voting nay.
BUDGET TRANSFER APPROVED -SPECIAL EVENTS
Vice Mayor Eissey moved to approve a budget transfer in the amount of $8,500 from A5540-
4991 I (Council Contingency) to A8229-34932 (Public Events) to cover shortage in the Public
Events account and to include a $2,500 donation for the Florida History Center in Jupiter.
Councilman Noel seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR TRAINING OVERTIME IN PUBLIC SAFETY
• DEPT.
Minutes of Regular Session
Held Thursday, September 28, 2000
• Vice Mayor Eissey moved to approve a budget transfer in the amount of $4,294 from A5711-
11410 (Holiday Overtime and A5711-11510 (Special Pay) to A5711-11420 (Training Overtime)
to cover deficit created by increased training in law enforcement division. President Pro Tem
Norris seconded the motion, and all present voted aye. Staffwas directed to provide an
explanation regarding "Special Pay".
BUDGET TRANSFER APPROVED -GAS. OIL AND LUBRICANTS FOR PUBLIC
SAFETY DEPT.
Councilman O'Meilia moved to approve a budget transfer in the amount of $9,000 from A571 l -
11300 (Part-time Pay) to A5711-35280 (Gas, Oil & Lubricants) to cover deficit in the account.
Vice Mayor Eissey seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED -VILLAGE HALL ENGINEERING AND PLANNING
Councilman O'Meilia moved to approve a budget transfer in the amount of $50,000 from the FY
1999-2000 Budget to Reserve Account for Village Hall Engineering and Planning. Councilman
Noel seconded the motion, and all present voted aye.
l3UDGE1' TRANSFER APPROVED -SPECIAL LEGAL SERVICES
Vice Mayor Eissey moved to approve a budget transfer in the amount of $10,000 from A5540-
49911 (Council Contingency) to A5105-33112 (Special Legal Services) to cover expenses
incurred in the Crystal's lawsuit. Councilman O'Meilia seconded the motion, and all present
voted aye.
Special Counsel Tom Baird was called upon at this time to give the Council a status report on the
Crystal's lawsuit. Mr. Baird reported that since the Court found in favor of the Village, Crystal's
has closed its door and had vacated the premises as of Monday, September 25, 2000.
DONAT]ON ACCOUNT FUNDS -CARRIED OVER TO FY 2000-2001
President Pro Tem Norris moved to approve carrying over unexpended funds in the amount of
$14,806.05 (A0911-08995-Public Safety Revenues -Donations) from Fiscal Year 1999-2000 to
Fiscal Year 2000-2001. Councilman Noel seconded the motion, and all present voted aye.
LOCAI. LAW ENFORCEMENT BLOCK GRANT FUNDS CARRIED OVER TO FY 2000-
2001
President Pro Tem David Norris moved to approve carrying over of unexpended funds in the
amount of $3,000 (A571 1-1 1400 -Police Expenses-Overtime Pay) from Fiscal Year 1999-2000
• to Fiscal Year 2000-2001. Vice Mayor Eissey seconded the motion, and all present voted aye.
9
Minutes of Regular Session
Held Thursday, September 28, 2000
J
BUDGET TRANSFER APPROVED FOR OVERTIME PAY IN PUBLIC SAFETY DEPT.
Councilman O'Meilia moved to approve a budget transfer in the amount of $14,400 from various
accounts to A64 1 6-1 1400 (Overtime Pay) to cover shortage in the Overtime Pay account.
President Pro Tem Norris seconded the motion, and all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:45 p.m.
Kathleen F. Kelly, CMC. Village Clerk
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