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03-22-2001 VC REG-M. MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, MARCH 22, 2001 Present: Joseph A. Tringali, Mayor Dr. Edward M. Eissey, Vice Mayor Donald G. Noel, Councilman David B. Norris, President Pro Tem 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 held 3/8/01 Minutes of Regular Session held 3/8/01 MAYOR'S REPORT Mayor Tringali presented a commendation to both the boys basketball team and the girls basketball team from The Benjamin School in recognition of their achieving the Class 2A State Championships. Mayor Tringali also proclaimed the week of March 19th through March 24th as the Olympic Flatwater Canoe/Kayak Week in the Village of North Palm Beach. The proclamation was . presented to North Palm Beach Recreation Director, Mark Hodgkins. Minutes of Regular Session Held Thursday, March 22, 2001 • Mayor Tringali thanked the Village Council and the people of North Palm Beach for the privilege of serving as Mayor of the Village for the past year. Mayor Tringali opened the floor to nominations for the office of Mayor. Don Noel nominated Dr. Ed Eissey for Mayor. Joseph Tringali passed the gavel to the Vice Mayor and nominated David Norris for Mayor. The nomination of Edward Eissey failed 2-3, with Don Noel and Edward Eissey voting aye, and Charles O'Meilia, David Norris and Joseph Tringali voting nay. Vice Mayor Eissey returned the gavel to Mayor Tringali. The nomination of David Norris passed 3-2, with Joseph Tringali, Councilman O'Meilia and David Norris voting aye. Dr. Eissey moved that a unanimous vote be cast for David Norris as Mayor. Don Noel seconded the motion, and all present voted aye. Mayor Tringali opened the floor to nominations for Vice Mayor. Don Noel nominated Ed Eissey as Vice Mayor. With no other nominations on the floor, David Norris moved to close the nominations. Don Noel seconded the motion, and all present voted aye. Dr. Ed Eissey was declared Vice Mayor by acclamation. Dr. Eissey nominated Don Noel for President Pro Tem. With no other nominations on the floor, Dr. Eissey moved that nominations be closed. David Norris seconded the motion, and all present voted aye. Don Noel was declared President Pro Tam by acclamation. Thereafter, the names of David B. Norris, Mayor, Edward M. Eissey, Vice Mayor, and Don Noel, President Pro Tem were entered into Resolution 31-2001. RESOLUTION 31-2001 ADOPTED -APPOINTING CERTAIN OFFICERS OF THE VILLAGE Dr. Eissey moved that Resolution 31-2001 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING CERTAIN OFFICERS FOR SUCH VILLAGE Be adopted. Councilman O'Meilia seconded the motion, and all present voted aye. ADMINISTRATION OF OATHS Village Clerk Kathleen Kelly administered the Oaths of Office to Mayor Norris, Vice Mayor Eissey and President Pro Tem Noel, copies of said oaths shall be attached to the official Minutes of Record. STATEMENTS FROM THE PUBLIC Minutes ofRegular Session Held Thursday, March 22, 2001 . During statements from the public, it was reported by Chief Johnson that the owner of the building previously occupied by Savda Motors is now interested in talking with the Village regarding a sale or lease of the property for a north substation. Village Manager Dennis Kelly further reported that the Village is waiting to receive the appraisals on two other locations. Public Services Director Tom Hogarth was directed to check the current location for proper maintenance. - - CONSENT AGENDA APPROVED _ Vice Mayor Eissey moved to approve the Consent Agenda. President Pro Tem Noel seconded the motion, and all present voted aye. The following items were approved: Accepted for file the Minutes of the Recreation Advisory Board meeting held 2/13/01 Accepted for file the Minutes of the Library Advisory Board meeting held 2/27/01 Accepted for file the Minutes of the Code Enforcement Board meeting held 3/5/01 Accepted for file the Minutes of the Country Club Advisory Board meeting held 3/5/01 Accepted for file the recommendation of the Recreation Advisory Board that Council "accept the Anchorage Park Master Plan as presented by Michael Redd and Associates" with six modifications or changes as stated in Recreation Advisory Board Minutes dated 2/13/01 Accepted for file the recommendation of the Country Club Advisory Board (Minutes of 3/5/01) that Council "accept the bid from Kilpatrick Turf in the amount of $11,900 to purchase the budgeted line item of one heavy-duty utility vehicle" Accepted for file the recommendation of the Country Advisory Board that Council "go forward with John Morsut's plan to re-landscape the azea of U. S. 1 along the tennis courts"; funds to be expended from L8059-33491 (Confractual Services) Lifted hiring freeze on Public Safety Officer position (job code #A5711-0132) in the Public Safety Dept., per position audit and needs assessment Lifted hiring freeze on Public Safety Officer position (job code #A5711-0129) in the Public Safety Dept., per position audit and needs assessment REPORTS OF SPECIAL COMMITTEES Mort Levin gave a status report on the Beaches and Shores Council, and reported that he has • accepted the position of Vice Chair. Minutes ofRegular Session Held Thursday, March 22, 2001 . President Pro Tem Noel reported that the Prosperity Farms Road Ad Hoc Committee had met with the top-ranked consultant firm which would be addressed later in the meeting. President Pro Tem Noel asked that a request for CRAWLS designation for Prosperity Farms Road be added to the evening's agenda. Mayor Nonis added this item as 14.a. of the Regular Agenda. VILLAGE MANAGER'S REPORT Recreation Director Mark Hodgkins gave a status report on plans for the Heritage Parade scheduled for Saturday, March 31, 2001. Village Manager Dennis Kelly reviewed upcoming meeting dates. Assistant Village Manager Doug Smith requested a Special Meeting be called on Wednesday, March 28, 2001 at 7:00 p.m.. The purpose of the meeting is to take action regarding a FIND grant application for financial assistance in the dredging project. Because of an impending deadline for application, the scheduling of a Special Meeting is necessary. By consensus, the Council agreed to set the Special Meeting for 7:00 p.m. on Wednesday, March 28th. Village Manager Dennis Kelly reported to the Council that a Public Notice has been issued for a 14-day period to protest environmental permits that will be issued by the Department of Environmental Protection for construction of one residential unit on Little Munyon Island. By consensus, the Council agreed that a Letter of Comment should be written by the Manager within the 14-day period, which would not be a protest, but would let the State know of certain things that the Village will require that they may need to consider before they issue the fmal permit. The Village should put on record that it believes the area is "tidal waters", and that a fill permit will be required by the Village in any event. Additionally, the dock that is being planned is not permitted under Village codes, unless a variance is granted, which cannot be guaranteed. Mr. Kelly also reported that Phase 3 of the water restrictions is due to go into effect shortly. Since the cities operating within the Seacoast Utility Authority's service area does not draw water from the Lake Okeechobee reservoir. Ordinarily these cities cooperate fully in observing the restrictions, however an exemption has been applied for for Phase 3 by Lake Park, Palm Beach Gardens and Juno Beach, so that watering twice a week can be continued. Mr. Kelly recommended that North Palm Beach also apply for an exemption in this regard. Consensus of Council was to authorize a letter of application under the Mayor's name. Staff was directed to provide a listing of vacancies for each Department as of the end of March to the Council. Staff was also directed to find out if the accounting software can be modified to allow for another column to be added in the month fmancial statements that are sent to the Council. The additional column would be a "last-year-to-date" column, so that reports can be compared. BILL 1024 -FEE INCREASES -ENACTED AS ORD. 07-2001 4 Minutes of Regular Session Held Thursday, March 22, 2001 • 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 PLAN5 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 45-50, 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 second reading and read by title alone. Vice Mayor Eissey seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1024 be enacted as Ordinance 07-2001. Vice Mayor Eissey seconded the motion, and all present voted aye. BILL 1025 -APPROPRIATING FUNDS FOR BALL FI_ELDS -ENACTED AS ORD. 08-2001 President Pro Tem Noel moved that Bill 1025 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2000- 2001 TO APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FUNDED BY PALM BEACH COUNTY FOR IMPROVEMENTS TO NORTH PALM BEACH ELEMENTARY • SCHOOL BALL FIELDS Minutes of Regular Session Held Thursday, March 22, 2001 Be placed on second reading and read by title alone. Councilman Tringali seconded the motion, and all present voted aye. President Pro Tem Noel moved that Bill 1025_ be enacted as Ordinance 08-2001. Vice Mayor Eissey seconded the motion, and all present voted aye. BILL 1028 -AMENDING REGULATIONS FOR BOATS. DOCKS & WATERWAYS IN NORTH LAKE -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1028 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (6) OF SECTION 5-84, REGULATIONS GOVERNING CONSTRUCTION IN WATERS OTHER THAN LAKE WORTH AND ATLANTIC OCEAN, OF DIVISION 4, DOCKS AND PIERS, OR ARTICLE III OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS, TO ALLOW PIERS IN NORTH LAKE TO EXTEND WATERSIDE A MAXIMUM OF FORTY (40) FEET; 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 Tringali seconded the motion, and all present voted aye. BILL 996 -AMENDING POLICE & FIRE RETIREMENT PLAN Councilman O'Meilia moved that Bill 996 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 4, OF ARTICLE V OF CHAPTER 2 OF THE CODE OF ORDINANCES OF -THE VILLAGE; RELATING TO FIRE AND POLICE RETIREMENT PLAN; PROVIDING FORA CHANGE IN THE COST OF LIVING ADJUSTMENT; PROVIDING FOR AN INCREASE IN THE INVESTMENTS IN EQUITIES; AND PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion. During discussion, Councilman O'Meilia moved to amend the ordinance by changing line 23 on Page 1 to state April 1 after the word "ending" at the beginning of line 23; and, on Page 2, lines 11 and 12 shall read: The board shall not invest more than frve (S) percent of its assets in the common stock, or capital stock, or bonds, or indebtedness. Councilman Noel seconded the motion. Village Manager Dennis Kelly reported to the Council that Labor Attorney James Cherof had confirmed a prior opinion that the Village should obtain a standard waiver from the Unions, or 6 Minutes of Regular Session Held Thursday, March 22, 2001 . amend the effective date of the ordinance to say: "This ordinance will not take effect until consent and waiver of bargaining is received from impacted bargaining units". The motion to amend passed 5-0. Councilman O'Meilia moved to amend the ordinance by adding language as recommended by Labor Attorney James Cherof wherein the ordinance will not take effect until consent and waiver of bargaining is received from impacted bargaining units. President Pro Tem Noel seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. RESOLUTION 32-2001 ADOPTED -SETTING PUBLIC HEARING FOR CONROY DRIVE WATER LINE ASSESSMENT Councilman O'Meilia moved that Resolution 32-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SETTING A TIME AND PLACE FOR A PUBLIC HEARING WHEREBY THE OWNERS OF REAL PROPERTY ALONG CONROY DRIVE, LAKE PARK MANOR PLAT AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO BE ASSESSED FOR CONSTRUCTION OF PUBLIC POTABLE WATER LINES AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE VILLAGE COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED; PROVIDING THAT THIRTY (30) DAYS NOTICE IN WRITING OF THE TIME AND PLACE OF THE PUBLIC HEARING BE GIVEN TO SUCH PROPERTY OWNERS IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTE 170.07; PROVIDING THAT THE VILLAGE CLERK SHALL GIVE NOTICE OF THE TIME AND PLACE OF SUCH PUBLIC HEARING BY TWO (2) PUBLICATIONS IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN PALM BEACH COUNTY AND IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA STATUTE 170.07; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion. During disctusion, staff recommended that the date of Public Hearing be changed to May 24, 2001 to ensure compliance with the required 30-day notice to property owners. Councilman O'Meilia moved to amend the ordinance to set Thursday, May 24, 2001 at 7:00 p.m. as the date and time for the Public Hearing. Vice Mayor Eissey seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. Minutes of Regular Session Held Thursday, March 22, 2001 Councilman Tringali moved that all remaining resolutions on the agenda be read by title alone. President Pro Tem Noel seconded the motion. The motion passed 3-2, with Councilman Tringali, President Pro Tem Noel and Mayor Norris voting aye, and Councilman O'Meilia and Vice Mayor Eissey voting nay. RESOLUTION 33-2001 ADOPTED -APPOINTING DELEGATES TO PALM BEACH COUNTY LEAGUE OF CITIES Vice Mayor Eissey moved that Resolution 33-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING ALL COUNCILMEN NOT SERVING AS THE DELEGATE AS ALTERNATE DELEGATES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Noel seconded the motion. Councilman O'Meilia moved to amend the resolution by appointing all councilmen not serving as the delegate as alternate voting delegates. Councilman Noel seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. RESOLUTION 34-2001 ADOPTED -AUTHORIZING AGREEMENT WITH TENNIS DIRECTOR Vice Mayor Eissey moved to take Resolution 34-2001 off the table. President Pro Tem Noel seconded the motion, and all present voted aye. Councilman Tringali moved that Resolution 34-2001 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH MARCEL AGNOLIN ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING A TENNIS DIRECTOR FOR THE TENNIS FACILITIES AND ITS OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM MAY 1, 2001 TO SEPTEMBER 30, 2003; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Noel seconded the motion. During discussion, it was agreed by consensus to change the language of ¶F. on Page 7 to read: AGNOLIN is subject to an annzsal performance evalzrution based on performance criteria and an Minutes of Regular Session Held Thursday, March 22, 2001 • evalzation process determined by the T~illa~e. Additionally, the Council was agreeable to the changes made since the last contract draft, i.e. Professional Dues amounting to approximately $27.00 for the Tennis Director to be paid by the Village, and cone-time moving fee in the amount of $1,500. It was recommended that consistent language be used where "Agnolin" and "Tennis Director" aze used in different places. Thereafter, the motion passed 5-0. RESOLUTION 35-2001 ADOPTED - AUTHORIZING AGREEMENT WITH POOL MANAGER Vice Mayor Eissey moved that Resolution 35-2001 be removed from the table. President Pro Tem Noel seconded the motion, and all present voted aye. Councilman Tringali moved that Resolution 35-2001 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 RICHARD E: CAVANAH, INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING A POOL MANAGER FOR THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 2000, TO SEPTEMBER 30, 2003; AND PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion. During discussion, Vice Mayor Eissey moved to make three corrections, i.e. changing the date on Page 1 from October 1, 2003 to September 30, 2003; add "Richazd E." in front of "Cavanah" on Page 5, a.(2) and (3); and make the same change regarding the evaluation process as was done with the Tennis Director contract. Councilman Tringali seconded the motion, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. GRACES DESIGNATION -PROSPERITY FARMS ROAD As recommended by the Prosperity Farms-Road Ad Hoc Committee, and after an explanation of a GRACES (constrained roadway at a lower level of service) designation by the Village Manager, Vice Mayor Eissey moved to request that Palm Beach County give Prosperity Farms Road a GRACES designation. Councilman O'Meilia seconded the motion, and all present voted . aye. 9 Minutes of Regular Session Held Thursday, March 22, 2001 . Commission Karen Marcus was present for the discussion, and advised the Council and staff that the letter of request would have to be submitted by Monday, March 26th. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:40 p.m. ~~ I athleen F. Kelly, CMC, Village 'lerk • 10 OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, U/ ~ ~. Q/pe/l~o solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Mayor during my continuance therein, so help me God. • Subscribed and sworn to before me this 22nd day of March, 2001. (Notary) o,~pPYPG ICAYHL€~N F. KELLV ~ ,~ ~ COMMISSION # C:f b497 73 ~ EXPIRES MAY :i R. %;.Ul BONDED 7 n,u QF fl~ ATLANTIC BONDING CO., INC. Oath.May OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I, ~//L~~o~ ~•~1~/ao solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as Vice Mayor during my continuance therein, so help me God. • Subscribed and sworn to before me this 22nd day of March. 2001. O_ (Notary) y~~'"~ l2,AYWl,@t'N F. KCLL1% s ~~ COMMISSION it O~ 6497 73 EICPIRES MAY <6, 2GD7 ~OF f~ATUNTIC BONGING CO:, WC. Oath VM OATH OF OFFICE State of Florida ) County of Palm Beach ) ss. Village of North Palm Beach ) I,~L_~, do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Florida, and the Charter and Code of the Village of North Palm Beach; and that I will faithfully, honestly and impartially discharge my duties as President Pro Tem during my continuance therein, so help me God. (Signature) • Subscribed and sworn to before me this 22nd day of March, 2001. (Notary) ~~v p~ itATHLEEPI F. KELLY Sp ~ COMMISSION $ CC 649173 EXPIRE DE ZHRU ODl ~~ Q~ A7lANilC BONDING CO., INC. Oath.PPT