08-23-2001 VC REG-MMINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 23, 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, CMC, Village Cleric
ROLL CALL
Mayor Norris called the meeting 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
President Pro Tem Noel gave the invocation, and Mayor Norris led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held 819/01 _
REPORT OF THE MAYOR _ _ _ - ,
Mayor Norris proclaimed the month of September as Literacy Awareness Month in the Village
of North Palm Beach.
Michael J. Posner, Attorney, addressed the Village Council regarding his client's application to
open a family restaurant on Northlake Boulevard. Mr. Posner stated that the application had
been denied based on our Adult Entertainment ordinance, which does not permit the sale of
. liquor within 1,000 feet of an adult entertainment establishment. Mr. Posner disagrees with the
Minutes of Regular Session
Held August 23, 2001
Village's interpretation of the ordinance, and feels that it does not apply to his client. The
Village Council will place this matter on the next workshop agenda for discussion.
CONSENT AGENDA APPROVED
Item d. of the Consent Agenda was removed and placed under 13.e. of the Regular agenda.
Thereafter, Vice Mayor Eissey moved to approve the Consent Agenda, as amended. Councilman
O'Meilia seconded the motion, and all present voted aye. The following items were approved:
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 5/8/01
Accepted for file the Minutes of the Planning Commission held 7/10/01
Adopted Resolution 65-01, supporting small municipal Fire and Police Departments in
Palm Beach County in their efforts to maintain their municipal identity
Adopted Resolution 66-01, increasing the fee schedule for emergency medical service
transport performed by the Village
Approved budget transfer in the amount of $29,000 from A5540-49911 (Council
Contingency); $24,000 to A5 1 05-33 1 1 1 (Village Attorney) and $5,000 to A5 1 05-3 3 1 13
(Labor Services) to fund the accounts for remainder of the year
Approved budget transfer in the amount of $4,000 in the Recreation Department from
A5540-49911 (Council Contingency) to A8229-34932 (Public Events); to cover
donation for girls softball and additional deficit in account
Lifted hiring freeze for Dispatcher position (job code #5711-0115) in the Public Safety
Department; per position audit and needs assessment
BILL 1042 -HOLIDAY LIGHTS AND DECORATIONS -ENACTED AS ORD. 25-2001
President Pro Tem Noel moved that Bill 1042 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OE THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (F) OF SECTION 6-112, EXEMPT SIGNS,
OF ARTICLE V., SIGNS AND OUTDOOR DISPLAYS, OF CHAPTER 6, BUILDINGS AND
BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE, FOR
THE PURAOSE OF PROVIDING THE TIMES _FOR ERECTION AND REMOVAL OF
HOLIDAY LIGHTS AND DECORATIONS; 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.
Minutes of Regular Session
Held August 23, 2001
During discussion, Councilman O'Meilia moved to amend, as follows: "Holiday lights and
decorations erected during the appropriate holiday season shall comply with all building and
electrical codes. Holiday lights and decorations may be erected no earlier than four weeks prior
to the subject holiday. All holiday lights and decorations must be removed within two weeks
following the holiday. The motion failed for lack of a second.
Thereafter, the original motion passed 3-2, with President Pro Tem Noel, Councilman Tringali
and Mayor Eissey voting aye, and Councilman O'Meilia and Vice Mayor Eissey voting nay.
President Pro Tem Noel moved that Bill 1042 be enacted as Ordinance 25-01. Councilman
Tringali seconded the motion. The motion passed 3-2, with President Pro .Tem Noel,
Councilman Tringali and Mayor Norris voting aye, and Councilman O'Meilia and-Vice Mayor
Eissey voting nay.
BILL 1043 -ADOPTING STANDARD HOUSING CODE, 1997 EDITION -PLACED ON
FIRST READING _
Councilman O'Meilia moved that moved that Bill 1043 be taken from the table. Vice Mayor
Eissey seconded the motion, and all present voted aye.
President Pro Tem Noel moved that Bill 1043 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RESCINDING AND REPEALING SECTION 15-1 OF CHAPTER 15,
HOUSING, OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH ADOPTED
THE STANDARD HOUSING CODE, 1991 EDITION, AS THE HOUSING CODE OF THE
VILLAGE; CREATING A NEW SECTION 15-1 OF CHAPTER 15, HOUSING, OF THE
CODE OF ORDINANCES OF THE VILLAGE, FOR THE PURPOSE OF ADOPTING THE
STANDARD HOUSING CODE, 1997 EDITION, OF THE SOUTHERN BUILDING CODE
CONGRESS INTERNATIONAL, INC., AS THE HOUSING CODE FOR THE VILLAGE;
AMENDING SECTION 15-2 OF CHAPTER 15, HOUSING, TO MAKE AMENDMENTS TO
THE STANDARD HOUSING CODE, 1997 EDITION, BEING ADOPTED BY THE
VILLAGE; 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 1044 -AMENDING SECTION 45-2 DEFINITIONS. OF THE ZONING CODE
ENACTED AS ORD. 26-2001
. Councilman O'Meilia moved that Bill 1044 entitled:
Minutes of Regular Session
Held August 23, 2001
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 45-2, DEFINITIONS, OF ARTICLE I OF
APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE TO
PROVIDE A DEFINITION FOR "FAMILY"; 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 Noel seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 1044 be enacted as Ordinance 26-01. President Pro Tem
Noel seconded the motion, and all present voted aye.
BILL 1045 -COMP PLAN AMENDMENT INCORPORATING SCHOOL CONCURRENCY
-PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1045 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AMENDMENT NO. 01-02 TO THE ADOPTED
COMPREHENSNE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN
ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING
AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS
163.3161, ET SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS
EXHIBIT "A" AND INCORPORATED HEREIN BY REFERENCE; INCORPORATING A
PUBLIC SCHOOL CONCURRENCY ELEMENT INTO THE COMPREHENSIVE PLAN;
INCORPORATING ASSOCIATED OBJECTIVES AND POLICIES INTO THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN; 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. Vice Mayor Eissey seconded the motion, and
all present voted aye.
RESOLUTION 67-2001 ADOPTED -HAAS. DIAZ & CO. CONTRACT RENEWAL
Vice Mayor Eissey moved that Resolution 67-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE OFFER OF HAAS, DIAZ & CO. TO RENEW THE
AGREEMENT BETWEEN THE VILLAGE AND HAAS, DIAZ & CO.; ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES FOR AN AUDIT OF THE VILLAGE'S
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Minutes of Regular Session
Held August 23, 2001
GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 2001; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman O'Meilia seconded the motion. The motion passed 4-1, with Vice
Mayor Eissey, Councilman Tringali, Councilman O'Meilia and President Pro Tem Noel voting
aye, and Mayor Norris voting nay.
RESOLUTION 68-2001 ADOPTED -AUTHORIZING CONTRACT WITH EAST BAY
GROUP FOR DREDGING ENGINEER
Councilman Tringali moved that Resolution 68-01 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 PROFESSIONAL SERVICES AGREEMENT WITH EAST BAY GROUP, LLC,
ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF
SECURING ENGINEERING SERVICES FOR THE PLANNING, PERMITTING AND
DESIGN OF THE VILLAGE'S PHASE II CANAL DREDGING PROJECT; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Noel seconded the motion, and all present voted aye.
RESOLUTION 69-2001 ADOPTED -AUTHORIZING CONTRACT WITH PBS&J FOR
VILLAGE ENGINEER SERVICES
Councilman O'Meilia moved that Resolution 69-2001 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 CONTINUING CONTRACT WITH POST, BUCKLEY, SCHUH
& JERNIGAN, INC., DB/A PBS&J ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
IS FOR THE PURPOSE OF SECURING PROFESSIONAL ENGINEERING CONSULTANT
SERVICES FOR THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
During discussion, Village Manager Dennis Kelly was directed to send a formal letter of
termination to Howard Searcy, as required by his continuing contract. Village Attorney_George
Baldwin was directed to take a look at the legalities of the continuing contract as it concerns
work already authorized by purchase order.
Councilman O'Meilia moved to amend the resolution by making the effective date 60 days from
. its adoption. President Pro Tem Noel seconded the motion to amend, and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
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Minutes of Regular Session
Held August 23, 2001
RESOLUTION SUPPORTING APPORTIONMENT PLAN FOR SENATORIAL AND
REPRESENTATIVE DISTRICTS -FAILED
Councilman O'Meilia moved that a resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REQUESTING THE ADOPTION OF AN APPORTIONMENT PLAN IN
WHICH PALM BEACH COUNTY RESIDENTS COMPRISE A MAJORITY OF THE
CONSTITUENCY IN THE SENATORIAL AND REPRESENTATIVE DISTRICTS
CREATED; DIRECTING THE VILLAGE CLERK TO FORWARD A CERTIFIED COPY OF
THIS RESOLUTION TO THE SENATE REAPPORTIONMENT COMMITTEE, THE HOUSE
PROCEDURAL AND REDISTRICTING COUNCIL AND SUCH .OTHER
GOVERNMENTAL BODIES AND ENTITIES AS THE MAYOR DIRECTS; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Tringali seconded the motion. The motion failed 2-3, with
Councilman O'Meilia and Councilman Tringali voting aye, and President Pro Tem Noel, Vice
Mayor Eissey and Mayor Norris voting nay.
RESOLUTION 70-01 ADOPTED -EXTENDING LEASE WITH WILLIAMS SCOTSMAN,
INC.
Councilman O'Meilia moved that Resolution 70-O1 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 AN ADDENDUM TO LEASE AGREEMENT BETWEEN THE
VILLAGE AND WILLIAMS SCOTSMAN, INC., WHICH ADDENDUM IS ATTACHED AS
EXHIBIT "A" AND EXTENDS THE LEASE AGREEMENT OF THE DEMISED PREMISES
AND MODULAR BUILDING FOR A PUBLIC SAFETY SUBSTATION FROM
SEPTEMBER 1, 2001 THROUGH AUGUST 31, 2001; AND, PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. President Pro Tem Noel seconded the motion, and all present voted aye.
ADJOURNMENT
With no further business to come before the Councrl, the meeting adjourned at 9:45 p.m.
Ka een F. Kelly, CMC, Village ~y erk