02-08-2001 VC REG-M
MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 8, 2601
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
Councilman Noel gave the invocation, and Mayor Tringali 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 1/25/01
MAYOR'S REPORT
Mayor Tringali proclaimed February as Library Appreciation Month in the Village of North
Palm Beach. Library Director Nancy Moore was present to accept the Proclamation.
On behalf of the Council, Mayor Tringali presented a plaque to Bob Landau, AARP Tax Advisor
and Area Coordinator, in appreciation of the tax assistance given to North Palm Beach residents
for the past 15 years. Mr. Landau was presented with a plaque for each member of the tax team
who serves the Village.
•
Minutes of Regular Session
Held Thursday, February 8, 2001
. 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:
Received for file the Minutes of the Code Enforcement Board meeting held 12/4/00
Lifted hiring freeze on Account Clerk III position (job code #A5003-0102) in the Finance
Department, per needs assessment and position audit
Approved budget transfer in the amount of $3,296.00 from A5711-11210 (Regulaz Pay)
to A5711-34670 (R&M-Computer) to fund the USA Software Maintenance Agreement in
the Public Safety Department
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly announced again that he would be on vacation the week of
February 12, 2001, and Doug Smith will be Acting Village Manager during his absence. He then
reviewed upcoming meetings and events. The Council scheduled a special meeting to discuss
and take action on the selection of the Tennis Director position for 8:30 p.m. on Thursday,
February 15, 2001, immediately following the Lighthouse Drive traffic calming meeting.
EX PARTS COMMUNICATIONS
Councilman Noel declared an ex parte telephone communication with Lou Daniello, Jr.
regarding his application to amend Section 45-2 of the Zoning Code to exclude cantilevered
awnings.
BILL 1017 -AMENDING CODE TO PROVIDE ACCESS TO PUBLIC RIGHTS-OF-WAY
FOR TELECOMMUNICATIONS SERVICE -ENACTED AS ORD. 01-2001.
Councilman O'Meilia moved that Bill 1017 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING
ORDINANCE 26-2000 OF THE VILLAGE COUNCIL WHICH AMENDED SECTION 28-3
OF CHAPTER 28, USE OF RIGHTS-OF-WAY FOR UTILITIES, OF THE CODE OF
ORDINANCES; CREATING A NEW CHAPTER 29, TO BE TITLED VILLAGE OF NORTH
PALM BEACH TELECOMMUNICATIONS ORDINANCE AND PROVIDING NEW
SECTIONS 1 THROUGH 16, INCLUSIVE, TO CHAPTER 29 WHICH PROVIDES THE
TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING AND
MAINTAINING OF A TELECOMMUNICATIONS FACILITY IN THE VILLAGE'S PUBLIC
RIGHTS OF WAY FOR THE PROVISION OF TELECOMMUNICATIONS SERVICE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF _ ALL
2- -
Minutes of Regular Session
Held Thursday, February 8, 2001
. ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SAVINGS; 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 Noel moved that Bill 1017 be enacted as Ordinance 01-2001. Councilman O'1VIeilia
seconded the motion.
Vice Mayor Eissey moved to amend the contract on Page 29 and Page 30 by deleting the word
"rating" from Section 14, and also to change "Village Manager or his designee" and "Village
Council or its designee" to "Village Attorney". Further, regarding accepting a corporate
guarantee of the Registrant, it shall read "provided that the Village Attomey approves the
reputation and economic stability of the company." Councilman Noel seconded the motion, and
all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
BILL 1019 -ESTABLISHING CAPITAL PROJECT FUND FOR VARIOUS PROJECTS -
ENACTED AS ORD. 02-2001
Councilman O'Meilia moved that Bill 1019 entitled:
AN ORDINANCE OF THE VILLAGE _ OF NORTH PALM BEACH, FLORIDA,
ESTABLISHING A CAPITAL PROJECT FUND FOR THE VILLAGE OF NORTH PALM
BEACH FOR CERTAIN CAPITAL PROJECTS AND TRANSFERRING THE BUDGET FOR
(1) RENOVATION OF THE VILLAGE HALL BUILDING, (2) CANAL DREDGING
PROGRAM, (3) NORTH SUB STATION AND (4) CONSTRUCTION. OF ANCHORAGE
PARK PARKING LOT; ATTACHED AS EXHIBIT "A", 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 1019 be enacted as Ordinance 02-2001. Councilman Noel
seconded the motion, and all present voted aye.
BILL 1020 -CODE AMENDMENT FOR OUTDOOR STORAGE FACILITIES FOR
MARINAS -ENACTED A5 ORD. 03-2001
Vice Mayor Eissey moved that Bill 1020 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (A) 7A OF SECTION 45-32, C-lA
Minutes of Regular Session
Held Thursday, February 8, 2001
LIMITED COMMERCIAL DISTRICT, OF ARTICLE III OF APPENDIX C, ZONING, OF
THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE PARKING SPACE
REQUIREMENTS FOR INDOOR RETAIL BOAT DISPLAY FLOOR AREA; AMENDING
SUBSECTION Gl, OF SECTION 45-32 TO PROVIDE EXCEPTIONS TO THE
REQUIREMENT THAT ALL ACTIVITIES, SALES AND STORAGE.OF GOODS MUST BE
CONDUCTED ENTIRELY WITHIN COMPLETELY ENCLOSED BUILDINGS WITH
PERMANENT NONMOVING OUTSIDE WALLS; 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.
President Pro Tem Norris moved that Bill 1020 be enacted as Ordinance 03-2001. Vice Mayor
Eissey seconded the motion, and all present voted aye.
BILL 1021 -DOCK CODE AMENDMENT -ENACTED AS ORD. 04-2001
President Pro Tem Norris moved that Bill 1021 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE DEFINITION FOR PRIVATE DOCK, PIER,
MOORING BUOY AND FLOATING ANCHOR CON'T'AINED WITHIN SECTION 5-81,
DEFINITIONS, OF DIVISION 4, DOCKS AND PIERS, OF ARTICLE III OF CHAPTER 5,
BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF 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 second reading and read by title alone. Councilman O'Meilia seconded the motion,
and all present voted aye.
Councilman O'Meilia moved that Bill 1021 be enacted as Ordinance 4-2001. President Pro Tem
Norris seconded the motion. The motion passed 4-1, with President Pro Tem Norris, Councilman
O'Meilia, Councilman Noel and Vice Mayor Eissey voting aye, and Mayor Tringali voting nay.
BILL 1022 -ZONING CODE AMENDMENT - C-A COMMERCIAL DISTRICT -PLACED
ON FIRST READING
President Pro Tem Norris moved that Bill 1022 entitled:
AN ORDNANCE 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
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Minutes of Regular Session
Held Thursday, February 8, 2001
. "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 first reading and read by title alone. Vice Mayor Eissey seconded the motion.
After discussion, the motion passed 3-2, with President Pro Tem Norris, Councilman Noel, and
Mayor Tringali voting aye, and Councilman O'Meilia and Vice Mayor Eissey voting nay.
RESOLUTION 18-2001 ADOPTED - LAWN MAINTENANCE AGREEMENT WITH
GENERATION GREEN, INC.
Vice Mayor Eissey moved that Resolution 18-2001 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 ALAWN/LANDSCAPE MAINTENANCE AGREEMENT WITH
GENERATION GREEN, INC., A CORPORATION, WHICH MAINTENANCE AGREEMENT
IS ATTACHED AS EXHIBIT "A" AND IS FOR THE PURPOSE OF SECURING LAWN
AND LANDSCAPE MAINTENANCE AT THE NORTH PALM BEACH COUNTRY CLUB;
AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Norris seconded the motion.
During discussion, Councilman Noel moved that language be added to the contract to allow the
prevailing party in litigation to collect legal fees. Councilman O'Meilia seconded the motion,
and all present voted aye.
By consensus, the Council agreed that the term of the contract would be one year from the date
of full execution.
Thereafter, the motion passed 5-0.
RESOLUTION 19-2001 ADOPTED -MAINTENANCE AGREEMENT WITH HI-RISE
SAFETY SYSTEMS -PUBLIC SAFETY DEPT
Vice Mayor Eissey moved that Resolution 19-2001 be taken from the table. President Pro Tem
Norris seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Resolution 19-2001 entitled:-
• A RESOLUTION OE THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER 1NT0 A MAINTENANCE AGREEMENT WITH HI-RISE SAFETY
Minutes of Regular Session
Held Thursday, February 8, 2001
SYSTEMS, INC., WHICH MAINTENANCE AGREEMENT IS ATTACHED AS EXHIBIT
"A" AND IS FOR THE PURPOSE OF MAINTENANCE OF THE PUBLIC SAFETY FIRE
ALARM SYSTEM; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR POOL FILTER DISCHARGE LINE
Councilman O'Meilia moved to approve a budget transfer in the amount of $24,000 from L8070-
49910 (Country Club Contingency) to L8051-66000 (Country Club Pool-Capital) for installation
of pool filter discharge piping to reroute the pool filter discharge from the stone drain system to
the sanitary sewer system. Councilman Noel seconded the motion, and all present voted aye.
U. S. 1 RESURFACING PROJECT
Councilman O'Meilia moved that U. S. 1 remain six lanes as originally proposed by the
Department of Transportation, and that street lighting be included in the resurfacing project.
President Pro Tem Norris seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR PERFORMANCE RAISES -GENERAL FUND
Councilman Noel moved to approve a budget transfer in the amount of $73,418 from A5540-
49925 (Performance Raises) and A5540-49914 (Reserve-Miscellaneous) to various departments
for performance raises given to employees. Councilman O'Meilia seconded the motion, and all
present voted aye.
BUDGET TRANSFER APPROVED FOR PERFORMANCE RAISES -COUNTRY CLUB
Vice Mayor Eissey moved to approve a budget transfer in the amount of $9,187 from L8070-
49925 (Performance Raises) to various departments for performance raises given to employees.
Councilman O'Meilia seconded the motion, and all present voted aye.
DANCE FLOOR APPROVED FOR NPBCC LOUNGE
Councilman Noel moved to authorize J.E.D.L., Inc. to install a dance floor in the lounge area of
the North Palm Beach Country Club in accordance with Village building codes; cost to be
incurred by J.E.D.L., Inc. 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 9:00 p.m
u
Minutes of Regular Session
Held Thursday, February 8, 2001
• SYSTEMS, INC., WHICH MAINTENANCE AGREEMENT IS ATTACHED AS EXHIBIT
"A" AND IS FOR THE PURPOSE OF MAINTENANCE OF THE PUBLIC SAFETY FIRE
ALARM SYSTEM; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED_FOR POOL FILTER DISCHARGE LINE
Councilman O'Meilia moved to approve a budget transfer in the amount of $24,000 from L8070- ~,
49910 (Country Club Contingency) to L8051-66000 (Country Club Pool-Capital) for installation
of pool filter discharge piping to reroute the pool filter discharge from the storm drain system to
the sanitary sewer system. Councilman Noel seconded the motion, and all present voted aye.
U. S. 1 RESURFACING PROJECT
Councilman O'Meilia moved that U. S. 1 remain six lanes as originally proposed by the
Department of Transportation, and that street lighting be included in the resurfacing project.
President Pro Tem Norris seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR PERFORMANCE RAISES -GENERAL FUND
Councilman Noel moved to approve a budget transfer in the amount of $73,418 from A5540-
49925 (Performance Raises) and A5540-49914 (Reserve-Miscellaneous} to various departments
for performance raises given to employees. Councilman O'Meilia seconded the motion, and all
present voted aye.
BUDGET TRANSFER APPROVED FOR PERFORMANCE RAISES -COUNTRY CLUB
Vice Mayor Eissey moved to approve a budget transfer in the amount of $9,187 from L8070-
49925 (Performance Raises) to various departments for performance raises given to employees.
Councilman O'Meilia seconded the motion, and all present voted aye.
DANCE FLOOR APPROVED FOR NPBCC LOUNGE
Councilman Noel moved to authorize J.E.D.L., Inc. to install a dance floor in the lounge area of
the North Palm Beach Country Club in accordance with Village building codes; cost to be
incurred by J.E.D.L., Inc. President Pro Tem Nonis seconded the motion, and all present voted
aye.
ADJOURNMENT
With no further business to efore the Co~/unc~il,>the meeting adjourned at 9:00 p.m.
• thleen F. Kelly, CMC, Village Clerk Lj /,~ ~