Loading...
01-11-2001 VC REG-M. MINUTES OF THE REGULAR SESSION _ OF THE VILLAGE COUNCIL OF 1VORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 11, 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 Mayor Tringali gave the invocation, and President Pro Tem 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 12/14/00 The following Minutes were approved as amended: Minutes of the Regular Session reconvened on 12/18/00 STATEMENTS FROM THE PUBLIC There were no statements from the public. CONSENT AGENDA APPROVED Items f., i. and lc. were removed from the Consent Agenda placed under Section 13 of the Regular Agenda as Items e., f. and g., respectively. Thereafter, Councilman O'Meilia moved to Minutes of Regular Session Held Thursday, January 11, 2001 approve the Consent Agenda, as amended. Councilman Noel seconded the motion, and all present voted aye. The following items were approved: Received for fle the Minutes of the Country Club Advisory Board Meeting held 12/4/00 Received for file the recommendation of the Planning Commission that Council "take no action at this time" in regard to sign code amendments to accommodate signs such as Bank-ATM-Food at Winn Dixie Marketplace Approved Medtronic Corporation as sole source vendor for the purchase of four 12 Lead Defibrillators for the EMS Division of Public Safety Department Adopted Resolution 01-2001 opposing the Florida Dept. of Transportation (FDOT) closing the PGA Blvd. Bridge in its entirety during repairs and reconstruction; and requesting that 1 span be open at all times for traffic during the repair/construction project Adopted Resolution 02-2001 authorizing a maintenance agreement with Medtronic Physio-Control Corporation for maintenance of cardiac monitor/defibrillator/pacemaker medical equipment Adopted Resolution 03-2001 authorizing maintenance agreement with Pantropic Power Products for maintenance of the Public Safety emergency generator Adopted Resolution 04-2001 authorizing maintenance agreement with J. W. Fire Sprinkler, Inc. for inspection and maintenance of the Public Safety fire sprinkler system Adopted Resolution OS-2001 authorizing maintenance agreement with Powerware Global Services for maintenance of the Public Safety Uninterrupted Power Supply (LIPS) Adopted Resolution 06-2001 authorizing maintenance agreement with Car-Comm, Inc. for maintenance of the Public Safety radio system Lifted hiring freeze for Firefighter position in the Public Safety Department; per position audit and needs assessment REPORTS OF SPECIAL COMMITTEES President Pro Tem Norris reported that the Real Estate Committee for locating property north of Parker Bridge for a Public Safety Station had explored all the possibilities in terms of available properties. The Committee recommendation is to pursue negotiations with 3 property owners, as ranked for either along-term lease or a purchase. 1) Monastery; 2) Benjamin School; and 3) Palm Beach County-Juno Station. The Committee is asking authorization from the Council to proceed to the next level of negotiating a contingency contract. Village Attorney George Baldwin told the Council that at least one appraisal will be necessary before entering into any 2 Minutes of Regular Session Held Thursday, January 11, 2001 contract, and if the property is over $500,000 in value, it will require two appraisals. The Council agreed by consensus to move forward with negotiating with the Monastery and Benjamin School, in that order, and to do what is necessary to get the appraisal done. Councilman O'Meilia reported that the League of Cities is asking that the Council choose 3 priorities areas that the League should address. They also are asking for elected officials to sit on the nominating committee. Additionally, a proposed annexation program will be forthcoming in the mail within a few days, and the League needs input from the Council regarding annexation matters. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reviewed meeting dates for Special meetings. He also reported that on Friday, March 30th and Saturday morning Mazch 31st, the North County Forum will be having a conference regarding transportation and traffic in north county areas. This is being coordinated by the Florida Institute of Government at FAU. Mr. Kelly reported that the Country Club Advisory Board met to complete their interviews and rank the applicants for the position of Tennis Professional at the North Palm Beach County Club. The Advisory Board forwarded its rankings to the Council, and the Council will set a meeting date to continue the selection process. BILL 1017 -AMENDING CODE TO PROVIDE ACCESS TO PUBLIC RIGHTS-OF-WAY FOR TELECOMMUNICATIONS SERVICE -DROPPED FROM AGENDA Bill 1017 was dropped from the agenda. BILL 1019 - ESTABLISHING A CAPITAL PROJECTS FUND AND TRANSFERRING FUNDS FROM GENERAL FUND TO CAPITAL PROJECTS FUND PLACED ON FIRST READING 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 91) RENOVATION OF THE VILLAGE HALL BUILDING; (2) CANAL DREDGING PROGRAM; (3) NORTH SUBSTATION AND (4) CONSTRUCTION OF ANCHORAGE PARK PARKING LOT; ATTACHED AS EXHIBIT "A", 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. 3 Minutes of Regular Session Held Thursday, January 11, 2001 BILL 1020 -AMENDING ZONING CODE TO ACCOMMODATE OUTDOOR USES OF MARINAS IN C1ADISTRICT -PLACED ON FIRST READING Councilman O'Meilia 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 LIMITED COMMERCIAL DISTRICT, OR ARTICLE III OF APPENDD~ C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE PARKING SPACE REQUIREMENTS FOR INDOOR RETAIL BOAT DISPLAY FLOOR AREA; AMENDING SUBSECTION G1 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 first reading and read by title alone. President Pro Tem Norris seconded the motion, and all present voted aye. RESOLUTION 07-2001 ADOPTED - OPPOSING PORTABLE CLASSROOMS AND INFLUX OF OUTSIDE STUDENTS AT NPB ELEMENTARY SCHOOL Vice Mayor Eissey moved that Resolution 07-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, EXPRESSING STRONG OPPOSITION TO THE PROPOSAL THAT PORTABLE CLASSROOMS BE PLACED AT NORTH PALM BEACH ELEMENTARY SCHOOL FOR USAGE BY STUDENTS FROM LAKE PARK ELEMENTARY SCHOOL DURING THE PERIOD OF TIME SUCH SCHOOL UNDERGOES RENOVATION AND DEVELOPMENT; iDIRECTING THAT THE VILLAGE CLERK FURNISH CERTIFIED COPIES OF THIS RESOLUTION TO_ THE SUPERINTENDENT OF SCHOOLS FOR THE PALM BEACH COUNTY SCHOOL DISTRICT AND SUCH OTHER PERSONS AND GOVERNMENTAL BODIES AS THE MAYOR MAY DIRECT; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Norris seconded the motion. During discussion, President Pro Tem Norris moved to amend the resolution by adding language on Page 1, the 3rd Whereas to say "...as well as an adverse impact on traffic in the community in general". Councilman O'Meilia seconded the motion, and all present voted aye. Thereafter, the original motion passed 5-0. 4 Minutes of Regular Session Held Thursday, January 11, 2001 RESOLUTION 08-2001 ADOPTED - ADDENDUM TO NPBCC RESTAURANT LEASE Councilman Noel moved that Resolution 08-2001 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 SECOND AMENDMENT TO-LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT -THE NORTH PALM BEACH COUNTRY CLUB WITH J.E.D.L., INC.; AMENDING THE PROVISIONS FOR PAYMENT OF RENT AND PROVIDING A TAX ESCROW FOR THE FISCAL YEAR 2000-2001 AND THEREAFTER; PROVIDING REPAYMENT PROVISIONS FOR ARREARAGES OF=RENT DURING FISCAL YEAR 1999-2000; PROVIDING. REPAYMENT PROVISIONS FOR AD VALOREM TAXES ON SUBJECT LEASED PREMISES FOR THE CALENDAR ;YEAR 2000; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 09-2001 ADOPTED -AUTHORIZING FINANCE DIRECTOR T_ O EXECUTE FINANCIAL REPORTS Councilman O'Meilia moved that Resolution 09-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING EITHER THE FINANCE DIRECTOR OR THE VILLAGE MANAGER OF THE VILLAGE TO EXECUTE FINANCIAL REPORTS ON BEHALF OF THE VILLAGE, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC DEPOSITOR ANNUAL REPORT TO THE TREASURER OF THE STATE OF FLORIDA, FORM D14-1009 AND D14-1295; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Noel seconded the motion, and all present voted aye. RESOLUTION AUTHORIZING MAINTENANCE AGREEMENT WTTH USA SOFTWARE - TABLED Councilman O'Meilia moved that a Resolution 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. Vice Mayor Eissey seconded the motion. Minutes of Regular Session Held Thursday, January 11, 2001 . During discussion, it was directed that funds for this maintenance agreement be taken out of the Public Safety operating budget instead of Council Contingency. Councilman O'Meilia moved to table this agreement until the next Regular meeting of 1/25/01. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION AUTHORIZING MAINTENANCE AGREEMENT WITH HI-RISE SAFETY SYSTEMS. INC. -TABLED Councilman O'Meilia moved that a resolution 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 HI-RISE SAFETY 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. President Pro Tem Norris seconded the motion. During discussion, Councilman O'Meilia stated, with agreement from the seconder) that his motion to adopt was contingent upon the amount of the Maintenance Agreement being corrected to $1,200.00 instead of $1,272.00 ($72.00 incorrectly being charged for sales tax). Additionally, Village Attorney George Baldwin stated that the agreement contains wording which says that the Village will not go after them for any loss or damage for personal injury and that we won't seek any indemnification against them if there is a lawsuit and they are responsible. It also says that we should agree to indemnify them even if they are negligent. Mr. Baldwin recommended tabling of this item until he can talk with the Chief regarding removal of these clauses. Councilman O'Meilia moved to table, seconded by Vice Mayor Eissey. All present voted aye. RESOLUTION FOR MAINTENANCE AGREEMENT WITH SECURITY TECHNOLOGIES GROUP, INC. TABLED Village Attorney George Baldwin stated that this agreement also has clauses that should be removed, per discussion on the previous item. Objection was made to the terms of this agreement which require payment in advance. It was noted that what is to be provided is not delineated (i.e. parts and labor). Vice Mayor Eissey moved to table this item. Councihnan O'Meilia seconded the motion, and all present voted aye. APPEAL FOR WINK-DIXIE SIGN -DENIED Minutes of Regular Session Held Thursday, January 11, 2001 Councilman O'Meilia moved to uphold the decision of the Planning Cornmission to deny a Certificate of Appropriateness for "Bank-ATM-Food" wall sign at Winn Dixie Marketplace. Councilman Noel seconded the motion. Attorney Stephanie Toothalcer Walker was present on behalf of Winn-Dixie Marketplace. After discussion, the motion to uphold the Planning Commission's decision carried 3-2, with Councilman O'Meilia, Councilman Noel and Mayor Tringali voting aye, and President Pro Tem Norris and Vice Mayor Eissey voting nay. OUTSTANDING CONSTRUCTION ISSUES -NPBCC Vice Mayor Eissey moved to take the outstanding construction issues from the table. Councilman O'Meilia seconded the motion, and all present voted aye. Councilman O'Meilia moved to accept credit of $6,600 for the wall, and to get someone to change the wall. Councilman Noel seconded the motion, and all present voted aye. Councilman O'Meilia moved to deny payment of the office overhead as calculated by the Eichley Formula. Councilman Noel seconded the motion, and all present voted aye. Councilman O'Meilia moved that no additional damages be sought for delays. Councilman Noel seconded the motion, and all present voted aye. PERSONNEL CHANGES IN DEPT. OF PUBLIC SAFETY -APPROVED President Pro Tem Norris moved to approve personnel changes in the Public Safety Department by changing 1 full-time Office Assistant position to 2 part-time Clerk/Typist positions and 2 part-time Public Safety positions to 1 full-time Public Safety Aide position. Councilman O'Meilia seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR HOT WATER HEATER EMERGENCY PURCHASE Councilman Noel moved to approve a budget transfer in the amount of $3,250 to cover the emergency purchase of a new hot water tank for the NPB Country Club pool shower rooms; from L8070-49910 (Country Club Contingency) to_L8051-34620 (R&M-Building & Grounds). President Pro Tem Norris seconded the motion, and all present voted aye. RESOLUTION AMENDING PERSONNEL RULES & REGULATIONS FOR CERTIFICATION AND LICENSE PAY REVISION -TABLED CONTINUED President Pro Tem Norris moved to continue the table of a resolution amending Personnel Rules and Regulations for Certification and :License Pay revision was continued until the next Regular Session. Councilman Noel seconded the motion, and all present voted aye. Minutes of Regular Session Held Thursday, January 11, 2001 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. Kathleen F. Kelly, CMC, illage eik 8 Minutes of Regular Session Held Thursday, January 11, 2001 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 8:55 p.m. Kathleen F. Kelly, CMC, illage eik 8