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02-22-2001 VC REG-MMINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 22, 2001 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 President Pro Tem Norris gave the invocation, and Councilman O'Meilia 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 on Bill 1020 held 2/8/01 Minutes of Public Hearing on Bill 1022 held 2/8/01 Minutes of Regular Session held 2/8/01 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 Minutes of the Library Advisory Board meeting held January 23~ 2001 Accepted Minutes of the Country Club Advisory Board meeting held February 5, 2001 Minutes of Regular Session Held Thursday, February 22, 2001 Accepted Minutes of the Recreation Advisory Board meeting held Februazy 13, 2001 Adopted Resolution 20-2001 supporting increased funding for Regional Planning Councils Accepted for file the recommendation of the Country Club Advisory Board to accept proposal submitted by Mr. Goeltz regarding free junior tennis clinics twice a month and a junior guest day on Fridays (Minutes of 2/5/01) Accepted for file the recommendation of the Country Club Advisory Boazd that Council approve contract with TTN (Tennis Television Network) (Minutes of 2/5/01) Accepted for file the recommendation of the Country Club Advisory Board that Council accept the Concession Agreement from East Coast Golf Ball Company for golf ball retrieval services at the North Palm Beach County Club (Item 4.c. on the Workshop Agenda) REPORTS OF SPECIAL COMMITTEES Councilman O'Meilia reported on the Palm Beach County League of Cities retreat wherein the League discussed getting more participation from elected officials who are not delegates. Mr. O'Meilia suggested that the Village designate all its council members as delegates. VILLAGE MANAGER'S REPORT Chief Johnson, Director of Public Safety, recognized citizen Scott Yanklowski for assisting the police in apprehending a suspect who was resisting arrest with violence. Village Manager Dennis Kelly reported that the Department of Ttansportation will be holding a Public Hearing regarding U. S. 1 during the month of May and would like to have the Council in attendance. The Village Clerk will poll the Council for a meeting date in early May. Mr. Kelly reviewed the dates of upcoming events. Mr. Kelly introduced Thomas Driscoll from the Department of Transportation, who updated the Council regarding the planned repair of the PGA Bridge. Mr. Driscoll reported that the bridge will be completely closed in the up position for a period of 19 days (July 19th to August 6th) but an incentive bonus of $50,000 is offered if it is completed in 14 days. Lighthouse Drive in the Village will be designated "Local Traffic 6nly" and other traffic will be detoured to Northlake Blvd. . Council requested that Anchorage Drive also be designated "Local Traffic Only", and asked that the DOT hire off-duty police officers to assist with the traffic. 2 Minutes of Regular Session Held Thursday, February 22, 2001 BILL 1022 -ADDING PERMITTED- USE IN C-A COMMERCIAL DISTRICT -FAILED Councilman Noel moved that Bill 1022 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION B, USES PERMITTED, OF SECTION 45- 31, C-A COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE TO ADD THE PERMITTED USE OF "MUSICAL INSTRUMENT SALES AND INSTRUCTION/EDUCATION" TO THE ZONING CATEGORY; 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. 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. Councilman Noel moved to enacted Bill 1022 as Ordinance OS-2001. President Pro Tem Norris seconded the motion. The motion failed 2-3, with Councilman Noel and President Pro Tem Norris voting aye, and Councilman O'Meilia, Vice Mayor Eissey and Mayor Tringali voting nay. BILL 1023 -CODE AMENDMENT TO ALLOW CANTILEVERED CANVAS AWNINGS - PLACED ON FIRST READING Vice Mayor Eissey moved that Bill 1023 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE DEFINITION OF "FRONT, SIDE AND REAR LINE OF A BUILDING" OF SECTION 45-2, DEFINITIONS, OF ARTICLE I OF APPENDIX C, ZONING, OF THE CODE OF .ORDINANCES OF THE VILLAGE TO PROVIDE AN EXCEPTION BY ALLOWING CANTILEVERED CANVAS AWNINGS TO EXTEND NO MORE THAN EIGHT (8) FEET INTO THE REQiJIRED FRONT, SIDE OR REAR SETBACK; 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. During discussion, Councilman O'Meilia moved to amend the motion to add the following language to the exception: "...and shall be set back two (2) feet from the side property line". Mayor Tringali passed the gavel to Vice Mayor Eissey and seconded the motion. The motion to • amend failed 2-3, with Councilman O'Meilia and Mayor Tringali voting aye, and Councilman Noel, President Pro Tem Norris and Vice Mayor Eissey voting nay. Vice Mayor Eissey returned the gavel to Mayor Tringali. 3 Minutes of Regular Session Held Thursday, February 22, 2001 Upon further discussion of the setbacks, President Pro Tem Norris moved to reconsider the amendment. Vice Mayor Eissey seconded the motion. The motion to reconsider passed 4-1, with President Pro Tem Norris, Vice Mayor Eissey, Councilman O'Meilia and Mayor Tringali voting aye, and Councilman Noel voting nay. Thereafter, the original motion, as amended, passed 4-1, with President Pro Tem Norris, Vice Mayor Eissey, Councilman O'Meilia and Mayor Tringali voting aye, and Councilman Noel voting nay. It was requested that the exception be set apart from the body of the paragraph in Section 1. BILL 1024 -CODE AMENDMENT -FEE INCREASES -TABLED Councilman O'Meilia moved that Bill 1024 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE: OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF-THE CODE OF ORDINANCES OF THE. VILLAGE BY ESTABLISHING AND SETTING FORTH FEE INCREASES FOR VARIOUS PLANNING, ZONING AND ADMINISTRATIVE FUNCTIONS OF THE VILLAGE OF NORTH PALM BEACH; AMENDING SECTION 7-19, APPLICATION FEES, OF ARTICLE II, FILLING PERMIT, OF CHAPTER 7, BULKHEAD LINES; AMENDING SUBSECTION (c) OF SECTION 21-1, SAME -FILING FEES AND COSTS FOR CHANGES OF ARTICLE I OF CHAPTER 21, PLANNING AND DEVELOPMENT; AMENDING SUBSECTION (c) OF SECTION 21-2, FILING FEES AND COSTS FOR VOLUNTARY ANNEXATION OF LAND, OF ARTICLE I OF CHAPTER 21, PLANNING AND DEVELOPMENT; AMENDING SUBSECTION (3), FEES, OF SECTION 36-10, PRELIMINARY PLAT PROCEDURE, OF ARTICLE II, PROCEDURES FOR SUBDIVISION PLAT APPROVAL, OF APPENDIX B -SUBDIVISIONS; AMENDING SUBSECTION (2), SUBMISSION AND REVIEW OF CONSTRUCTION PLANS, OF SECTION 36-12, CONSTRUCTION PLANS PROCEDURE, OF ARTICLE II, PROCEDURES FOR SUBDIVISION PLAT APPROVAL, OF APPENDIX B -SUBDIVISIONS; AMENDING SUBSECTION (6), FEES, OF SECTION 36-38.1, LAND CLEARING; VEGETATION AND WILDLIFE PROTECTION AND PRESERVATION, OF ARTICLE V OF APPENDIX B - SUBDIVISIONS; AMENDING SUBSECTION 1 OF SECTION 45-49, APPLICATIONS FOR REZONING, ETC. OF ARTICLE VI, AMENDMENTS -FEES; WAITING PERIODS OF APPENDIX C, ZONING; AMENDING SUBSECTION 1 OF SECTION 45-5Q APPLICATION FOR VARIANCES, OF ARTICLE VI, AMENDMENTS -FEES; WAITING PERIODS OF APPENDIX C -ZONING; 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. 4 Minutes of Regular Session Held Thursday, February 22, 2001 • During discussion, it was agreed by consensus to revise the ordinance to include reimbursement for advertising costs and engineering costs in the form of a deposit. Councilman O'Meilia moved to table. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 21-2001 ADOPTED - CONROY DRIVE WATER MAIN Councilman O'Meilia moved that Resolution 21-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DECLARING THE NECESSITY TO MAKE PUBLIC IMPROVEMENT AUTHORIZED BY CHAPTER 170, FLORIDA STATUTES, AND TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS, STATING THE NATURE AND LOCATION OF THE WATER LINES TO BE CONSTRUCTED, THE ENTIRE EXPENSE THEROF TO BE PAID BY SPECIAL ASSESSMENTS, THE MANNER IN WHICH ASSESSMENTS ARE TO BE MADE, AND WHEN THE ASSESSMENTS ARE TO BE PAID; DESIGNATING THE LANDS UPON WHICH THE SPECIAL ASSESSMENTS ARE TO BE LEVIED; STATING THE TOTAL ESTIMATED COST OF THE IMPROVEMENT; PROCLAIMING THE COUNCIL'S. DECLARATION AND FINDINGS; ADOPTING THE PROVISIONS OF CHAPTER 170, FLORIDA STATUTES; ANNEXING APPENDIX A THERETO; DIRECTING THE VILLAGE CLERK TO CAUSE THIS RESOLUTION TO BE PUBLISHED AS PROVIDED BY LAW; DIRECTING AN ASSESSMENT ROLL TO BE MADE, COMPLETED AND FILED WITH THE VILLAGE CLERK; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 22-2001 ADOPTED - MAINTENANCE AGREEMENT WITH USA SOFTWARE -PUBLIC SAFETY DEPT. Councilman O'Meilia moved that Resolution 22-2001 be taken from the table. Vice Mayor Eissey seconded the motion, and all present voted aye. Councilman O'Meilia moved that Resolution 22-2001 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 MAINTENANCE AGREEMENT WITH USA SOFTWARE, INC., WHICH MAINTENANCE AGREEMENT IS ATTACHED AS EXHIBIT "A" AND IS FOR THE PURPOSE OF_ .MAINTENANCE OF THE PUBLIC SAFETY RECORDS MANAGEMENT SOFTWARE; AND, PROVIDING FOR AN EFFECTIVE DATE • Be adopted. Councilman Noel seconded the motion, and all present voted aye. 5 Minutes of Regular Session Held Thursday, February 22, 2001 • The Council requested that future agreements be signed prior to being placed on the agenda. RESOLUTION 23-2001 ADOPTED -MAINTENANCE AGREEMENT WITH SECURITY TECHNOLOGIES GROUP. INC. -PUBLIC SAFETY DEPT. Vice Mayor Eissey moved that Resolution 23-2001 be taken from the table. President Pro Tem Norris seconded the motion, and all present voted aye. Councilman Noel moved that all remaining resolutions on the agenda be read by title only. President Pro Tem Norris seconded the motion, and all present voted aye. President Pro Tem Norris moved that Resolution 23-2001 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 MAINTENANCE AGREEMENT WITH SECURITY TECHNOLOGIES GROUP, INC., WHICH MAINTENANCE AGREEMENT IS ATTACHED AS EXHIBIT "A" AND IS FOR THE PURPOSE OF MAINTENANCE OF THE PUBLIC SAFETY SECURITY SYSTEM; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion. Village Attorney George Baldwin advised that the company had agreed to strike the indemnification clause as recommended, but the initialed copy indicating the deletion had not yet been received, but would be forthcoming. It was requested that the agreement be checked before signing to see if it covers all parts and labor. Additionally, it was reiterated again that all contracts must be signed prior to being placed on an agenda for Council approval. Thereafter, the motion passed 5-0. RESOLUTION 24-2001 ADOPTED -STATEWIDE MUTUAL AID AGREEMENT Councilman O'Meilia moved that Resolution 24-2001 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 THE STATEWIDE MUTUAL AID AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF FLORIDA, AND OTHER PARTICIPATING GOVERNMENTAL ENTITIES ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF PARTICIPATING PARTIES SECURING • ASSISTANCE FOR MAJOR OR CATASTROPHIC DISASTER; AND, PROVIDING FOR AN EFFECTIVE DATE 6 Minutes of Regular Session Held Thursday, February 22, 2001 Be adopted. Councilman Noel seconded the motion, and all present voted aye RESOLUTION 25-2001 ADOPTED -AUTHORIZING FUNDING AGREEMENT WITH PALM BEACH COUNTY AND PBC SCHOOL BOARD FOR BALL -FIELD IMPROVEMENTS Vice Mayor Eissey moved that Resolution 25-2001 be taken from-the table. President Pro Tem Norris seconded the motion, and all present voted aye. Vice Mayor Eissey moved that Resolution 25-2001 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 AN AGREEMENT WITH PALM BEACH COUNTY AND THE SCHOOL BOARD OF PALM BEACH COUNTY, FOR NORTH PALM BEACH ELEMENTARY SCHOOL BALL FIELD IMPROVEMENTS, WHICH AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Norris seconded the motion. During discussion, Vice Mayor Eissey moved to amend the motion by adding that the Village not begin construction on the improvements until written confirmation is received stating that portables will not be placed on top of the ball fields. Councilman O'Meilia seconded the motion, and all present voted aye. Thereafter, the original motion , as amended, passed 5-0. APPROVAL OF ADDITIONAL FEES FOR PHASE II OF DREDGING PROJECT -FAILED Councilman O'Meilia moved to approve fees for Village Engineer in the amount of $23,000 for additional testing and permitting for Phase II of the dredging project. The motion failed for lack of a second. ADDITIONAL FEES FOR STRUCTURAL ANALYSIS OF LIGHTHOUSE DRIVE BRIDGE -TABLED Councilman Noel moved to approve additional fees in the amount of $4,500 for structural design services rendered by Bridge Design Associates. Vice Mayor Eissey seconded the motion. Councilman Noel moved to table this item until the Village sees the actual invoice of Bridge Design Associates to the Village Engineer. President Pro Tem Norris seconded the motion, and all present voted aye. • CONSULTANT RANKINGS ACCEPTED -PROSPERITY FARMS RD. BEAUTIFICATION PROJECT 7 Minutes of Regular Session Held Thursday, February 22, 2001 President Pro Tem Norris moved to accept the rankings of the consultant firms as submitted by the Prosperity Farms Road Ad Hoc Landscaping Committee and to direct staff to begin contract negotiations accordingly. Councilman Noel seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:15 p.m. ~ ~ ~~ K thleen F. Kelly, CMC, Vi lage Clerl,~