01-25-2001 VC REG-MMINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, JANUARY 25, 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 ware present.
1NVOCATION AND PLEDGE OF ALLEGIANCE
Councilman O'Meilia 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 Regular Session held 1/11/O1
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 Recreation Advisory Board Meeting held 1/9/01
Adopted Resolution 10-2001 directing the Village Clerk to publish notice of the General
Election to be held March 13, 2001
Approved Theresa LePore, Supervisor of Elections, or her designee, as Canvassing
Minutes of Regular Session
Held Thursday, Januazy 25, 2001
• Board member for the Village Election on March 13, 2001, and as the Village's
representative far the Logic and Accuracy testing of the tabulating equipment on Friday,
March 9, 2001 and the runoff election, should there be one.
Approved budget transfer in the amount of $1,500 from A5 540-499 1 1 (Council
Contingency) to A4801-33210 (Accounting & Auditing) for the additional auditing of
Adelphia Cable
Adopted Resolution 11-2001 authorizing Mayor and Village Clerk to sign agreement
with Lewis & Associates for additional audit of franchise fees owed by Adelphia Cable
Lifted hiring freeze for Sanitation Collector in the Department of Public Services (job
code #A7020-0109), per needs assessment and position audit
REPORTS OF SPECIAL COMMITTEES
Councilman O'Meilia reported on the League of Cities meeting held on 1/24/01. He asked for
Council support in the form of a letter of protest to the Palm Beach County Engineering
Department regarding the change in elevations on the new flood map, as well as to protest the
current map. Request was also made that the Village become involved in the Solid Waste
Authority's hurricane cleanup program prior to June.
Councilman Noel reported that the Prosperity Farms-Road ad hoc committee ranked the
proposals received for their beautification project, and it will come before the Council on the
February 8th agenda.
BILL 1017 -AMENDING CODE TO PROVIDE ACCESS TO PUBLIC RIGHTS-OF-WAY
FOR TELECOMMUNICATIONS SERVICE -PLACED ON FIRST READING
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
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
• POR SAVINGS; AND PROVIDING FOR.AN EFFECTIVE DATE
Be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion.
2
Minutes of Regular Session
Held Thursday, January 25, 2001
• During discussion, the Council asked that Bellsouth provide a Corporate Guaranty.
Additionally, language as suggested by Village Attorney George Baldwin is to be added, as
follows: "A bond or irrevocable Letter of Credit must come from a company whose rating,
reputation and economic stability must be approved by the Village Council". Also, a portion of
line 5 on page 33 to be deleted after the word "company".
Councilman O'Meilia moved to approve the amended language as discussed. President Pro Tem
Norris seconded the motion, and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
BILL 1021 -DOCK CODE AMENDMENT -PLACED ON FIRST READING
Councilman O'Meilia moved to amend the definition of private dock, pier, mooring buoy and
floating anchor contained within Section 5-81 Definitions, of Division 4, Doclts and Piers, of
Article III of Chapter 5, Boats, Docks and Waterways, of the Code of Ordinances of the Village
to read: Private dock, pier, mooring buoy and floating anchor mean those that shall only be used
by the occupant and his family and shall be constructed only in R-1 and R-2 Zoning districts. A
private dock, pier, mooring buoy or floating anchor shall not be rented or leased. Councilman
Noel seconded the motion. The motion passed 4-1, with Councilman O'Meilia, Councilman
Noel, President Pro Tem Norris and Vice Mayor Eissey voting aye, and Mayor Tringali voting
nay.
RESOLUTION 12-2001 ADOPTED - APPOINTING MEMBER TO THE LIBRARY
ADVISORY BOARD
By written ballot, copies of which are attached to the Minutes of record, the Village Council
appointed Susan Ellrich to the Library Advisory Boazd, which name was entered into Resolution
12-2001.
Councilman O'Meilia moved that Resolution 12-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPOINTING MEMBERS TO THE LIBRARY ADVISORY BOARD
Be adopted. Councilman Noel seconded the motion.
During discussion, Councilman Noel moved to amend the motion to move 2nd Alternate Eric
Hinckley up to Regular member status, and appoint Susan Ellrich as 2nd Alternate. Councilman
O'Meilia seconded the motion, and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
•
1vlinutes of Regular Session
Held Thursday, January 25, 2001
• RESOLUTION 13-2001 ADOPTED -AMENDING PERSONNEL RULES & REGULATIONS
-CERTIFICATION AND LICENSE PAY REVISION
Councilman O'Meilia moved that Resolution 13-2001 be taken from the table. Councilman Noel
seconded the motion, and all present voted aye.
Vice Mayor Eissey moved that Resolution 13-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 4 04(bl PAY CLASSIFICATION PLAN, AND
SECTION 4.06(e), CERTIFICATION AND LICENSE PAY, INCLUDING THE ADDITION
OF A SECTION ADDRESSING SALARY RANGE MAXIMUMS OF THE PERSONNEL
RULES AND REGULATIONS OF THE VILLAGE, WHICH AMENDMENT IS ATTACHED
AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion.
During discussion, President Pro Tem Norris moved to amend Section 2(d) to limit that
certification to $500.00. Councilman Noel seconded the motion, and all present voted aye.
Thereafter, the original motion passed 5-0.
RESOLUTION 14-2001 ADOPTED FOR ZONING-IN-PROGRESS FOR NORTHLAKE
BLVD.
Councilman O'Meilia moved that Resolution 14-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, FOR THE PURPOSE OF PLACING IN PUBLIC RECORD THAT THE
VILLAGE COUNCIL HAS ZONING IN PROGRESS FOR REAL PROPERTIES WITHIN
THE VILLAGE THAT ABUT NORTHLAKE BOULEVARD (OTHER THAN REAL
PROPERTY NOW KNOWN AS "SHOPPES OF NORTHLAKE" AND FORMERLY KNOWN
AS "TWIN CITY MALL") AND PROPERTIES EAST OF U. S. HIGHWAY NO. 1 THAT
ABUT NORTHLAKE BOULEVARD, WHICH PROPERTIES ARE MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A NINE (9) MONTH TIME
OF DURATION FOR ZONING IN PROGRESS AND A THREE (3) MONTH EXTENSION IF
NEEDED; PROVIDING NOTIFICATION TO PROPERTY OWNERS AFFECTED AND THE
PUBLIC AT LARGE; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Norris seconded the motion, and all present voted aye.
RESOLUTION 15-2001 ADOPTED - AUTHORIZING PROSPERITY FARMS RD.
• FUNDING AGREEMENT
Councilman Noel moved that Resolution 15-2001 entitled:
4
Minutes of Regular Session
Held Thursday, January 25, 2001
• 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 INTERLOCAL FUNDING AGREEMENT WITH THE
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES FINANCIAL ASSISTANCE FROM THE
COUNTY TO THE VILLAGE FOR THE CONCEPTUAL PLANNING, DESIGN,
CONSTRUCTION OF ROADWAY IMPROVEMENTS AND INSTALLATION OF
LANDSCAPING FOR BEAUTIFICATION OF PROSPERITY FARMS ROAD BETWEEN
NORTHLAKE BOULEVARD AND BURNS ROAD WITHIN THE VILLAGE; REPEALING
RESOLUTION 74-2000; AND; PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Norris seconded the motion
During discussion, it was brought to the Council's attention that a change in the distribution of
funds was made by the County, i.e: $500,000 during this Fiscal Year, and $506,00 during the
next fiscal year.
President Pro Tem Norris moved to amend the motion to adopt by passing it subject to review
and approval by Village Attorney George Baldwin. Vice Mayor Eissey seconded the motion,
and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
RESOLUTION 16-2001 ADOPTED -AGREEMENT AND ASSIGNMENT OF MICHAEL
REDD CONTRACT
Councilman O'Meilia moved to that Resolution 16-2001 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OP NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT ENTITLED "ASSIGNMENT" WITH THE
CITY OF PALM BEACH GARDENS ATTACHED AS EXHIBIT "A", WHICH
ASSIGNMENT AUTHORIZES VILLAGE AS AGENT FOR-.THE -NORTHLAKE
BOULEVARD TASK FORCE TO EXECUTE AN AGREEMENT WITH MICHAEL REDD &
ASSOCIATES P.A., FOR CONSTRUCTION DRAWINGS FOR THE NORTHLAKE
BOULEVARD CORRIDOR STREETSCAPE AND TO ASSIGN SUCH CONTRACT TO THE
CITY OF PALM BEACH GARDENS FOR PERFORMANCE AND ADMINISTRATION AS
AGENT OF THE TASK FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, all present voted aye.
RESOLUTION 17-2001 ADOPTED -DECLARATION OF TRUST FOR MANATEE
PROTECTION
5
Minutes of Regular Session
Held Thursday, January 25, 2001
Councilman O'Meilia moved that Resolution 17-2001 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 DECLARATION OF TRUST AS TRUSTEE WITH WCI
COMMUNITIES, INC., ATTACHED AS EXHIBIT "A", WHICH DECLARATION OF
TRUST IS FOR THE PURPOSE OF MANATEE PROTECTION BY ENFORCEMENT OF
BOAT SPEED ZONES ON THE INTRACOASTAL AND CONNECTED INLAND
WATERWAYS WITHIN THE AREA BETWEEN ONE-HALF MILE NORTH OF JUPITER
INLET TO THE NORTH AND ONE-HALF MILE SOUTH OF THE LAKE WORTH INLET
TO THE SOUTH; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
ADDITIONAL FEES FOR PHASE I OF DREDGING PROJECT
Councilman O'Meilia moved to approve additional fees in the amount of $19,000 for services
rendered to analyze, design and prepare Phase I dredging bid specifications and permit
applications. President Pro Tem Norris seconded the motion.
During a discussion of the Village Engineer's invoices to date, the Council asked that the billing
be reconciled with the contract and that staff bring a report back to the Council. Mr. Searcy, the
Village Engineer, assured that Council that any billing discrepancies would be credited.
Thereafter, the motion passed 5-0.
"PALM BEACH COUNTY DAY" IN TALLAHASSEE APPROVED
Councilman Noel moved to approve a Council trip to Tallahassee on March 6, 7, and 8 in
observance of "Palm Beach County Day at the Florida Legislature. Vice Mayor Eissey seconded
the motion.
During discussion, the Village Manager asked that the Police Chief be allowed to take the trip
also, and the Council agreed by consensus.
Thereafter, the motion passed 5-0.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:32 p.m.
0
at een F. Kelly, CMC, Village Cle
6
i•
CLERK'S. TALLY SHEET. .
LIBRARY ADVISORY. BOARD
1/25/01
Select 1 name:£or Regular member:
Round 2
Crosby, Marjorie
Ellrich, Susan
Roscher, Marina
LIB.BAL
Round 3
BALLOT
LIBRARY ADVISORY BOARD
1/25/01
Select 1 name:£or Regular member:
Round 1 Round 2 Round 3
Crosby, Marjorie _
Ellrich, Susan ~ _
Roscher, Marina
(Signature) '°
L28.BAL
i•
BALLOT
LIBRARY ADVISORY BOARD
1/25/01 _ __
Select 1 name:for Regular member:
Round 1
Crosby, Marjorie -
Ellrich, Susan
' • Roscher, Marina
~~
(Sig at re)
I ~ LIB.BAL
Round 2
Round 3
•
•
BALLOT
LIBRARY ADVISORY BOARD
1/25/01
Select 1 name:£or Regular member:
Round 1 Round 2
Crosby, Marjorie
Ellrich, Susan
Roscher, Marina
1
(Signature
LI B. BAL - ---
Round 3
•
•
BALLOT
LIBRARY ADVISORY-BOARD
1/25/01
Select 1 name:for Regular member:
Crosby, Marjorie
Ellrich, Susan
Roscher, Marina
LIB.BAL
Round 1 Round 2 Round 3
I•
BALLOT
LIBRARY ADVISORY BOARD
1/25/01
Select 1 name:for Regular member:
Round 1 Round 2 Round 3
Crosby, Marjorie
•
1
L~
E1lrich, Susan
Roscher, Marina
~~ ~' ;
nature) !
LI B. BAL