03-08-2001 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, MARCH 8, 2001
Present: Joseph A. Tringali, Mayor
Dr. Edward M. Eissey, Vice Mayor
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
Absent: David B. Norris, President Pro Tem
ROLL CALL:
The meeting was called to order at 7:30 p.m. All members of the Council were present except
President Pro Tem Norris, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Eissey gave the invocation, and Councilman Noel led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES- _
The following Minutes were approved as written:
Minutes of Special Session held 2/15/01
Minutes of Public Hearing on Bill 1022 held 2/22/01
Minutes of Regular Session held 2/22/01
MAYOR'S REPORT
Mayor Tringali reported that a settlement had been reached regarding the continued operation of
Good Samaritan Hospital and St. Mary's Hospital. Both will remain as full service hospitals.
Mayor Tringali announced that Team U. S. A., the training team for the United States Olympic
• kayak team, has moved their training headquarters to North Palm Beach for this year, and will be
here through April 10th.
Minutes of Regular Session
Held Thursday, March 8, 2001
• CONSENT AGENDA APPROVED
Item 7.h. was removed from the Consent Agenda and placed under 14.b. of the Regular Agenda.
Thereafter, Councilman O'Meilia moved to approve the Consent Agenda, as amended. Vice
Mayor Eissey seconded the motion, and all present voted aye. The following items were
approved:
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 3/21/00
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 5/2/00
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 8/22/00
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 12/19/00
Accepted for file the Minutes of the Planning Commission meeting held 1/9/01
Accepted for file the Minutes of the Planning Commission meeting held 2/6/01
Accepted for file the recommendation of the Police and Fire Pension Board (Minutes of
8/22/00) "that the proposed ordinance change only reflect that the COLA be a maximum
of 3% and that the equity portion of investments be set at a maximum of 60%. There
should be no change made as to enrolling the members at Day One: '
Lifted hiring freeze for Executive Secretary position (job code # A4902-0102 in the
Village Manager's Department, per position audit and needs assessment
Adopted Resolution 26-2001, accepting bid of Sparktacular, Dania, Florida, in the
amount of $14,000 for July 4th fireworks; funds to be expended from A8229-34932
(Public Events)
Adopted Resolution 27-2001, accepting bid of Porche Fire Equipment, Ocala, Florida,
in the amount of $62,925 for 25 self-contained breathing apparatus, 25 spare air
cylinders and 25 spare facepieces; funds to be expended from A4200-09333 (Loan
Proceeds)
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reviewed upcoming meeting dates, and reported on the Council's
trip to Tallahassee for "Palm Beach County Day". Additionally, he reported that some monies
may be available through FIND grants to supplement our dredging project.
BILL 1023 ENACTED AS ORD. OS-2001 -CANTILEVERED CANVAS AWNINGS
• Councilman O'Meilia moved that Bill 1023 entitled:
Minutes of Regular Session
Held Thursday, March 8, 2001
• 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 REQUIRED FRONT, SIDE OR REAR
SETBACK; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion.
The motion passed 3-1, with Councilman O'Meilia, Vice Mayor Eissey and Mayor Tringali
voting aye, and Councilman Noel voting nay.
Councilman O'Meilia moved that Bill 1023 be enacted as Ordinance OS-2001. Vice Mayor
Eissey seconded the motion. The motion passed 3-1, with Councilman O'Meilia, Vice Mayor
Eissey and Mayor Tringali voting aye, and Councilman Noel voting nay.
BILL 1024 -FEE INCREASES -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1024 be taken from the table. Councilman Noel seconded
the motion, and all present voted aye.
Vice Mayor Eissey 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
3
Minutes of Regular Session
Held Thursday, March 8, 2001
• 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 first reading and read by title alone. Councilman O'Meilia seconded the motion,
and all present voted aye.
BILL 1025 -APPROPRIATING FUNDS FOR BALL FIELDS -PLACED ON FIRST
READING
Vice Mayor Eissey 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
Be placed on first reading and read by title alone. Councilman Noel seconded the motion, and
all present voted aye.
RESOLUTION 28-2001 ADOPTED -GOLF BALL CONCESSION AGREEMENT
Councilman Noel moved that Resolution 28-2001 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 CONCESSION AGREEMENT WITH EAST COAST GOLF
BALL COMPANY ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE
PURPOSE OF SECURING SERVICES FOR RECOVERY OF GOLF BALLS FROM ALL
WATER HAZARDS ON THE VILLAGE GOLF COURSE; AND, PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 29-2001 ADOPTED -AUTHORIZING ARCHITECT'S AGREEMENT FOR
VILLAGE HALL RENOVATION
Councilman O'Meilia moved that Resolution 29-2001 entitled:
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
Minutes of Regular Session
Held Thursday, March 8, 2001
• CLERK TO ENTER INTO A STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES AND STAND
FORM OF ARCHITECT'S SERVICES FOR DESIGN AND CONTRACT
ADMINISTRATION WITH B.E.A. INTERNATIONAL CORPORATION, A FLORIDA
CORPORATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENTS ARE FOR THE
PURPOSE OF SECURING ARCHITECTURAL SERVICES-FOR INTERIOR
RENOVATIONS OF VILLAGE HALL; AND PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION FOR TENNIS DIRECTOR AGREEMENT TABLED
Councilman Noel 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 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. Vice Mayor Eissey seconded the motion.
During discussion, the Council agreed by consensus to the following changes:
Page 2, ¶H.: Insert language at the beginning of the last sentence to read: When time permits...;
add ¶M. to require that the Tennis Director will consult with the Country Club Administrator to
coordinate the events at the Country Club. Page 3, ¶B., second line: delete the words upon
regzzest, the second sentence was changed to say recommended by the Tennis Director and
approved by the Country Club Advisory Board; the last sentence of ¶B. was changed to delete in
other areas of the Village and insert the words at Anchorage Park.
In ¶C., the words and times was added to the end of the first sentence. Language was also added
to stipulate that times when members are precluded from use of the facilities must meet with the
approval of the Tennis Director and the Country Club Advisory Board.
Language in ¶E. will be added to include a sentence saying the Tennis Director shall provide
Workers Compensation for himself and employees as required by Florida law, and will provide
proof of coverage to the Village. If allowed by law to exempt himself from Workers
Compensation, the Tennis Director shall notify the Village in writing, and in no event is the
Village liable for injuries incurred (change Indemnification clause to reflect this).
• In ¶G. on Page 4, add the word insurance in the second sentence which states the responsibilities
of the Tennis Director. In the last sentence, the word handle was changed to record.
Minutes of Regular Session
Held Thursday, March 8, 2001
• Regarding the additional changes to the proposed contract submitted by Mr. Agnolin, the
Council accepted the change to the last sentence in Paragraph C. to read: "Tillage will retain
seventy f ve percent (75%), and AGNOLIN will retain twenty-fzve percent (2~ %) of all revenues
from special events. Additionally, the Village may pay the annual dues for membership in the
USPTA and the base salary shall be reduced by the amount of the membership.
In ¶D, Page S, language was added to allow the Tennis Director the right to expend additional
personal funds for advertising and promotional costs with the approval of the Country Club
Advisory Board on all advertising and promotional items.
Page 6, ¶D., the word only was deleted from the first sentence. Additionally, in the fourth line
after the phrase detailed report, add the language documents and supporting information,
including but not limited to....
After review of the contract language was completed, Vice Mayor Eissey moved to table until
the next meeting, and instructed the Village Manager to send the revised contract to Mr. Agnolin
for approval and bring it back to the next Council meeting. Councilman O'Meilia seconded the
motion, and all present voted aye.
RESOLUTION FOR POOL MANAGER CONTRACT TABLED _ _
Councilman Noel 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 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 SWIMMING POOL AND
ITS OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD
FROM OCTOBER I, 2000, TO OCTOBER 1, 2003; AND PROVIDING FOR AN EFFECTIVE
DATE
Be adopted. Vice Mayor Eissey seconded the motion.
The Council agreed by consensus to apply all changes made in the Tennis Director's contract to
the Pool Manager's contract. It was further clarified that rent shall be waived.
Councilman O'Meilia moved to table until the Tennis Director's contract is finalized.
Councilman Noel seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR EXTERIOR WALL AT NPBCC
• Vice Mayor Eissey moved to approve a budget transfer in the amount of $7,000 from L8070-
49910 (Country Club Contingency) to L8059-66210 (Construction) to provide funding for the
Minutes of Regular Session
Held Thursday, March 8, 2001
• completion of the exterior wall at the North Palm Beach Country Club. Councilman Noel
seconded the motion, and all present voted aye.
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR YEAR ENDING 9/30100
RECEIVED
Councilman O'Meilia moved to accept the financial section only of the Annual Financial Report
for the Year Ending 9/30/00 as prepared by Haas, Diaz & Co. Vice Mayor Eissey seconded the
motion.
Clarification was made by Village Attorney George Baldwin that "acceptance" of the report
means that the Council is accepting and acknowledging that the task has been completed, and
that no further work will be requested. He further stated that acceptance does not imply
agreement of the contents.
The motion passed 3-1, with Councilman O'Meilia, Vice Mayor Eissey and Mayor Tringali
voting aye, and Councilman Noel voting nay.
Councilman Noel moved to accept the complete Comprehensive Annual Financial Report as
prepared by Haas, Diaz & Co. Vice Mayor Eissey seconded the motion.
During continued discussion, it was clarified that accepting the Financial report in its entirety did
not indicate agreement and would not preclude discussion of internal controls during the
upcoming workshop on budgeting procedures.
Councilman Noel moved to amend his motion to change the word accept to receive and file.
Vice Mayor Eissey seconded the motion to amend, and all present voted aye.
Thereafter, the main motion as amended passed 4-0.
ADJOURNMENT.
With no further business to come before the Council, the meeting adjourned at 10:15 p.m.
~~
K thleen F. Kelly, CMC, Village Cl c