04-12-2001 VC REG-MMINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, APRIL 12, 2001
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
Donald G. Noel, President Pro Tem
Charles R O'Meilia, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMG, 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 Tringali gave the invocation, and Vice Mayor Eissey led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of the Canvassing Board Meeting held 3/14/01
Minutes of Special Session held 3/19/01
Minutes of Public Hearing (Bill 1024) held 3/22/01
Minutes of Special Meeting held 3/28/01
The Minutes of Regular Session held 3/22/01 were approved with the following correction:
Page 9, last paragraph: change "CRAWLS'_' designation to."GRACES" designation.
REPORT OF THE MAYOR
Minutes of Regular Session
Held Thursday, April 12, 2001
Mayor Norris proclaimed April 16-22, 2001 as Community Development Week in the Village of
North Palm Beach.
Discussion took place concerning a request from Palm Beach Gardens High School for a
contribution to Project Graduation 2001. Vice Mayor Eissey moved to contribute $500 to Palm
Beach Gardens High School for its Project Graduation. Councilman O'Meilia seconded the
motion, and all present voted aye.
The Council agreed with Village Manager Dennis Kelly that a letter should be written urging
Palm Beach Gardens High School to participate in the Village's Heritage Day Parade. It was
also suggested that the ROTC units of different schools be encouraged to participate.
Mayor Norris reported that he had received a reply to his annexation letter from Hidden Key
Homeowners Association. The consensus of Council was to have staff put a package together to
present to Hidden Key, and schedule a meeting for the purpose of discussing annexation again.
CONSENT AGENDA APPROVED
Councilman O'Meilia moved to approve the Consent Agenda. Vice Mayor Eissey seconded the
motion, and all present voted aye. The following items were approved:
Accepted for file the Minutes of the Planning Commission Meeting held 3/6/01
Lifted hiring freeze on Public Safety Officer position (job code #5711-0122) in the Public Safety
Department
REPORTS OF SPECIAL COMMITTEES
Mayor Norris reported that the committee for the substation property search will be meeting with
the Benjamin School next week. regarding the Benjamin School site. The committee is still
waiting for two property appraisals for two other sites.
Councilman O'Meilia reported that he has sent the Council a memo regarding the 800 megahertz
countywide system and the budget that is due. Mr. O'Meilia stated that the Village has the right
to "opt in" or "opt out", so it will be important to take a good look at the budget when it arrives.
By consensus, the Council agreed to send a letter of thanks to Mark Hodgkins, Recreation
Director, for the work he did on the Heritage Day Festival.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly asked for a reply to Mayor Martinez' letter regazding a donation
of $250.00 to El Salvador for disaster relief. The majority of the Council did not think that tax
money should be used for this, but suggest that it should be publicized in the next newsletter so
that anyone wanting to make a donation could do so.
Minutes of Regular Session
Held Thursday, April 12, 2001
Brief discussion was held regarding two pieces of legislation which require action as soon as
possible, i.e. SB 1970, which deals with the "2 in, 2 out" rule and which takes authority from
local fire officials to make on-scene decisions; secondly, the issue of "presumptive liability" has
resurfaced after having been defeated last year which was opposed previously by the Village
Council. These items will be added to the Regular Agenda as items 14.f and 14.g.
BILL 1028 -AMENDING REGULATIONS FOR BOATS, DOCKS & WATERWAYS IN
NORTH LAKE -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1028 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (6) OF SECTION 5-84, REGULATIONS
GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND
ATLANTIC OCEAN, OF DIVISION 4, DOCKS AND PIERS, OR ARTICLE III OF
CHAPTER 5, BOATS, DOCKS AND WATERWAYS, TO ALLOW PIERS IN NORTH LAKE
TO EXTEND WATERSIDE A MAXIMUM OF FORTY (40) FEET; 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 Tringali seconded the motion,
and all present voted aye.
BILL 996 -AMENDING POLICE & FIRE RETIREMENT PLAN -ENACTED AS ORD. 08-
2001
Councilman O'Meilia moved that Bill 996 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING DIVISION 4, OF ARTICLE V OF CHAPTER 2 OF THE
CODE OF ORDINANCES OF THE VILLAGE; RELATING TO FIRE AND POLICE
RETIREMENT PLAN; PROVIDING FORA CHANGE IN THE COST OF LIVING
ADJUSTMENT; PROVIDING FOR AN INCREASE IN THE INVESTMENTS IN EQUITIES;
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 996 be enacted as Ordinance 09-2001. Vice Mayor
• Eissey seconded the motion, and all present voted aye.
Minutes of Regular Session
Held Thursday, April 12, 2001
BILL 1026 - BUDGET AMENDMENT FOR PROSPERITY FARMS ROAD
BEAUTIFICATION PROJECT -PLACED ON FIRST READING
President Pro Tem Noel moved that Bill 1026 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET TO APPROPRIATE
FUNDS IN THE AMOUNT OF $1,000,000.00 FUNDED BY PALM BEACH COUNTY FOR
PROSPERITY FARMS ROAD BEAUTIFICATION PROJECT
Be placed on first reading and read by title alone. Councilman Tringali seconded the motion,
and all present voted aye.
BILL 1027 -RECOVERY OF MONEY JUDGMENTS -PLACED ON FIRST READING
President Pro Tem Noel moved that Bi11 1027 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (d) OF SECTION 2-178, FIlVES; LIENS
AND SECTION 2-179, DURATION OF LIEN, OF ARTICLE VI, CODE ENFORCEMENT
BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE
PURPOSE OF UPDATING AND BRINGING CODE ENFORCEMENT PROVISIONS IN
CONFORMITY WITH THE FLORIDA STATUTES; AUTHORIZING THE CODE
ENFORCEMENT-BOARD TO SUE TO RECOVER THE AMOUNT OF A MONEY
JUDGMENT ON A LIEN PLUS INTEREST; EXEMPTING CERTAIN PROPERTY FROM
APPLICATION OF CERTAIN MONEY JUDGMENT PROVISIONS; PROVIDING FOR A
PREVAILING PARTY TO RECOVER ALL COSTS, INCLUDING ATTORNEY'S FEES, IN
AN ACTION FOR A MONEY JUDGMENT ON A LIEN; 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 O'Meilia seconded the motion,
and all present voted aye.
BILL 1028 ENACTED AS ORD. 09-2001 -AMENDING REGULATIONS FOR BOATS
DOCKS AND WATERWAYS IN NORTH LAKE
Councilman O'Meilia moved that Bill 1028 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING SUBSECTION (6) OF SECTION 5-84,
REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN
LAKE WORTH AND ATLANTIC OCEAN, OF DIVISION 4, DOCKS AND PIERS,
OF ARTICLE III OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS, TO
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Minutes of Regular Session
Held Thursday, April 12, 2001
• ALLOW PIERS IN NORTH LAKE TO EXTEND WATERSIDE A MAXIMUM OF
FORTY (40) FEET; 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 Tringali seconded the motion,
and all present voted aye.
Councilman O'Meilia moved that Bill 1028 be enacted as Ordinance 09-2001. Councilman
Tringali seconded the motion, and all present voted aye.
RESOLUTION 37-2001 ADOPTED -ACCEPTING BID FOR GOLF COURSE EQUIPMENT
President Pro Tem Noel moved that Resolution 37-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL. OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF KILPATRICK TURF, BOYNTON BEACH, FLORIDA, IN THE
AMOUNT OF $11,900, FOR ONE CUSHMAN HEAVY WEIGHT UTILITY VEHICLE;
FUNDS TO BE EXPENDED FROM L8045-66490 (MACHINERY & EQUIPMENT)
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 38-2001 -ADOPTED - SUPPORTING THE BUILDING OFFICIALS
ASSOCIATION OF FLORIDA POSITION
President Pro Tem Noel moved that Resolution 38-2001 be read by caption alone. Vice Mayor
Eissey seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Resolution 38-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUPPORTING THE BUILDING OFFICIALS ASSOCIATION OF
FLORIDA IN ITS EFFORTS TO OPPOSE LEGISLATION DURING THE 2001
LEGISLATIVE SESSION WHICH AMENDS CURRENT STATE REGULATIONS
REGARDING THE HIRING, LICENSING, AND ACCOUNTABILITY OF COMMERCIAL
BUILDING INSPECTORS; FURTHER SUPPORTING THE ASSOCIATION 1N ITS
APPEALS FOR THE FOLLOWING LEGISLATIVE ACTIONS: THE DEFEAT OF
PROPOSED SB 744 AND ITS PROPOSED COMPANION BILL HB1223; THE
ESTABLISHMENT OF A PROCESS FOR CAREFUL EXAMINATION, DEBATE AND
EVALUATION OF THE ISSUES; AND THE REQUEST FOR COOPERATION AMONG
INTERESTED PARTIES TO ASSIST THE FLORIDA BUILDING COMMISSION IN THE
RESOLUTION OF PROBLEMS ASSOCIATED WITH PLAN REVIEW AND INSPECTION
PROCEDURES AT ISSUE; PROVIDING FOR DISTRIBUTION; REQUESTING SUPPORT
FROM OTHER MUNICIPALITIES; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES
Minutes of Regular Session
Held Thursday, April 12, 2001
• Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 39=2001 ADOPTED =MAINTENANCE AGREEMENT FOR WESTECH
SOFTWARE -EMS DIVISION OF PUBLIC SAFETY DEPT.
Councilman O'Meilia moved that Resolution 39-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A MAINTENANCE AGREEMENT WITH PINPOINT TECHNOLOGIES, INC.,
WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING MAINTENANCE
SERVICES FOR WESTECH -EMS PRO SOFTWARE OF THE PUBLIC SAFETY
DEPARTMENT FOR THE PERIOD FROM FEBRUARY 1, 2001, THROUGH JANUARY 31,
2002; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION OPPOSING FLORIDA'S COMMUNICATION SERVICES TAX
SIMPLIFICATION ACT
This item was dropped from the agenda.
RESOLUTION 40-2001 ADOPTED -APPROVING AGREEMENT WITH KIMLEY-HORN
AND ASSOCIATES, INC.
President Pro Tem Noel moved that Resolution 40-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., ATTACHED
AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING
PLANNING, DESIGN AND ENGINEERING SERVICES FOR THE PROSPERITY FARMS
ROAD BEAUTIFICATION PROJECT WITHIN THE VILLAGE; AND PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
During discussion, President Pro Tem Noel moved to amend his motion to include the provision
that the prevailing party will recover attorney's fees. Vice Mayor Eissey seconded the motion,
and all present voted aye.
• Discussion continued regarding the Scope of Services, and it was recommended by Village
Attorney George Baldwin that on Page 2, Task 3, language be added to last sentence to include
the cost of design.
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Minutes of Regular Session
Held Thursday, April 12, 2001 _- -
• Thereafter, the original motion, as amended, passed 5-0.
RESOLUTION 41-2001 ADOPTED -MINOR PLAT AMENDMENT -HARBOUR ISLES
PUD
Councilman Tringali moved that Resolution 41-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT WITH DANIEL S. CATALFUMO, TRUSTEE, MARK S.
SCHERER, MARCELLA M. SCHERER AND REPUBLIC SECURITY BANK ATTACHED
AS EXHIBIT "A", WHICH AGREEMENT AMENDS THE PLAT OF HARBOUR ISLES
P.U.D., PLAT BOOK 86, PAGE 111 OF THE PUBLIC RECORDS. OF PALM BEACH
COUNTY, FLORIDA, BY CHANGING THE BOUNDARY LINE BETWEEN LOTS 77 AND
78; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
RESOLUTION 42-2001 ADOPTED -APPROVING CONFIDENTIALITY AGREEMENT --
FOR FP&L AUDIT
President Pro Tem Noel moved that Resolution 42-2001 entitled:
A RESOLUTION OF THE VILLAGE. COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, INC. AND
HARRIS, COTHERMAN, O'KEEFE & ASSOCIATES ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT OUTLINES PROCEDURES FOR_ THE CONDUCT OF A
COMPLIANCE AUDIT OF FLORIDA POWER & LIGHT COMPANY, INC. FOR PUBLIC
SERVICE TAX AND FRANCHISE FEES OWED TO THE VILLAGE FOR THE PERIOD
FROM JANUARY 1998 THROUGH DECEMBER 2000
Be adopted. Councilman Tringali seconded the motion.
During discussion, the Council reiterated its policy that all contracts coming before the Council
for approval must be signed.
Thereafter, the motion passed 5-0.
BUDGET TRANSFER APPROVED FOR P.A. & COMMUNICATIONS SYSTEMS IN
PUBLIC SAFETY DEPT.
• Vice Mayor Eissey moved to approve a budget transfer in the amount of_$3,500.00 to cover
shortage in the account; funds to be expended from A5540-49911. (Council Contingency) to
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Minutes of Regular Session
Held Thursday, April 12, 2001
• A5711-34660 (R&M-P.A. & Communications Systems). Councilman O'Meilia seconded the
motion.
During discussion, Councilman O'Meilia moved to amend the motion to expend funds from
A5711-11210 (Regular Pay). Councilman Tringali seconded the motion, and all present voted
aye.
Thereafter, the original motion, as amended, passed 5-0.
BUDGET TRANSFER APPROVED FOR HOLIDAY OVERTIME -EMS DIVISION OF
PUBLIC SAFETY
Vice Mayor Eissey moved to approve a budget transfer in the amount of $15,000 to cover the
account deficit and remaining holidays; from A6416-11110 (Executive Pay) to A641 6-1 141 0
(Holiday Overtime). Councilman Tringali seconded the motion, and all present voted aye.
BUDGET TRANSFER -SUPPLEMENTAL PERFORMANCE EVALUATION RAISES
Councilman O'Meilia moved to approve a budget transfer request in the amount of $4,345 to
fund supplemental performance evaluation raises retroactive to October 1, 2000; from A5540-
49911 (Council Contingency) to various General Fund accounts. President Pro Tem Noel
seconded the motion.
After discussion, Councilman O'Meilia moved to amend the motion by taking the funds from the
Regular Pay account in each department. President Pro Tem Noel seconded the motion, and all
present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
AUDITORS REVIEW -ENGINEER BILLING
Councilman Tringali moved to approve Option C for review of the Village Engineer's account,
and approve funding of the audit. President Pro Tem Noel seconded the motion. The motion
passed 3-2, with Councilman Tringali, President Pro Tem Noel and Vice Mayor Eissey voting
aye, and Councilman O'Meilia and Mayor Norris voting nay.
The Council directed the Village Manager and the Village Attorney to check on whether the
threshhold as established by statute has been exceeded.
CHANGE ORDER FOR PILOT DREDGING STUDY
Councilman O'Meilia moved to approve a change order with Subaqueous Services, Inc. to
• conduct a pilot dredging study in the amount of $35,000 and additional engineering, permitting
and testing services in the amount of $12,3000; funds to be expended from K5200-49930
(Capital Dredging). Councilman Tringali seconded the motion.
Minutes of Regular Session
Held Thursday, April 12, 2001
Vice Mayor Eissey left the meeting at 9:30 p.m. and returned at 9:32 p.m. Councilman O'Meilia
left the meeting at 9:35 p.m. and returned at 9:37 p.m.
During discussion, staff was instructed to ask the Department of Environmental Protection for a
reasonable commitment to issue a regular permit within ten days of the start of the testing period
associated with the pilot study.
Thereafter, the motion passed 5-0.
LEGISLATION REGARDING SB1970 OPPOSED
Councilman O'Meilia moved that a letter on behalf of the Village Council or resolution be sent
to all concerned parties objecting to the legislative bill giving the Fire Marshall or Department of
Insurance the right to write standards for counties and municipalities. Vice Mayor Eissey
seconded the motion, and all present voted aye.
LEGISLATION REGARDING WORKERS COMPENSATION FOR PRESUMPTIVE
DISABILITY OPPOSED
Councilman O'Meilia moved that a letter be sent on behalf of the Village Council opposing
pending legislation regarding workers compensation liability for presumptive disability.
Councilman Tringali seconded the motion, and all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:40 p.m.
K thleen F. Kelly, CMC, Village Jerk
•
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