08-22-2002 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, AUGUST 22, 2002
Present: Dr. Edward M. Eissey, Mayor
Don Noel, Vice Mayor
Joseph A. Tringali, President Pro Tem
Charles R. O'Meilia, Councilman
David B. Norris, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
ROLI, CALL
Mayor Eissey called the meeting 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 O'Meilia gave the invocation, and Mayor Eissey led the public in the Pledge of
Allegiance to the Flag.
APPROVAI, OF MINUTES
7~he following Minutes were approved as written:
Minutes of Regular Session held 8/8/02
REPORT OF THE MAYOR
On behalf of the Village Council, Mayor Eissey presented a plaque to Robert G. H. Carroll, I11 in
appreciation of his years of service as Chairman of the Police and Fire Pension Board.
STATEMENTS FROM THE PUBLIC
Upon inquiry by Manny Grinn, 536 Greenway Drive, direction was given to the Village Manager
to request more detailed billing on all prior invoices from PBS&J.
Robert Brandner, 130 Yacht Club Drive, referred to a memo written by Public Safety Director
• Duke Johnson to the Village Manager and dated 4/28/02. Mr. Brandner asked if there was an
agreement regarding the Chiefs overtime hours, as stated in the memo. Mr. Kelly replied that
Minutes of Regular Session
Neld August 22, 2002
• the Chief does not receive overtime pay. Mr. Kelly was asked to respond to Chief Johnson's
memo to clarify that.
CONSENT AGENDA APPROVED
Councilman O'Meilia moved to approve the Consent Agenda. Vice Mayor Noel seconded the
motion, and all present voted aye. The following items were approved:
Received for file the Minutes of the Planning Commission meeting held 7/16/02
Received for file the Minutes of the Recreation Advisory Board meeting held 8/] 3/02
Approved a budget transfer in the amount of $18,000 from L8050-] 1210 (Regular I'ay)
to L8050-11300 (Part-Time Pay) to cover part time pay in the Tennis Department until
9/30/02
Approved implementation of a late fee of 1% % per month on Country Club accounts
that are pas[ due 30 days or more
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reviewed various meeting dates with the Village Council. 1'he
Council agreed by consensus to reschedule the Special Meeting for the IAFF Special Master
recommendations scheduled for August 29th to Thursday, September 5, 2002. Also rescheduled
was the Special Workshop with Edward D'Ambra (JEDL, Inc. contract). The Council directed
that the Village Manager negotiate with Mc D'Ambra, and if agreement is not reached, the
Manager bring a recommendation to the Council.
Mr. Kelly reported to the Council that there would be a bid opening on August 29, 2002 at 3 p.m.
for the new fire truck scheduled to be purchased next year.
The Cormcil agreed by consensus to hold the Heritage Day Parade on Saturday, April 12, 2003.
Dave Talley, Country Club Director, reported that all the air-conditioning repairs at the Country
Club have been completed.
Mr. Kelly reported that the Explorers will be putting out flags a week to 10 days prior to
September 11.
Public Services Director Kristine Frazell reported that the Plat 4 drainage project will begin
shortly, and letters will be sent out to all residents in the area explaining the activity.
Additiarally, the Chevron Station at Prosperity Farms Rd. and Northlake will not reopen, and the
property is supposedly up for sale. If not sold within six months, the underground tanks will
• have to be removed.
Minutes of Regular Session
Held August 22, 2002
• 7'he most recent construction schedule shows that the Village Hall should be completed the week
before Thanksgiving.
F.X I'ARTF.. COMMUNICATIONS
Mayor Eissey, President Pro Tem Tringali, and Vice Mayor Noel reported Ex Parte
communications with Kilday and Associates regarding their application for a commercial
Planned Unit Development. Councilman Norris reported that he had spoken with Kevin Foley
regarding the same subject. Councilman O'Meilia announced that he had spoken with Architect
Ronald Schwab regarding restaurant, retail and offices for First American Bank Building; and
that he has had several conversations with Kevin Foley and two potential owners regarding a
storage building at the First American Bank site.
I31LL 1073 -AMENDING SEC. 17-1 CABLE TELEVISION RATE REGULATONN -
PI,ACFiD ON FIRST READING
Councilman O'Meilia moved to take from the table a proposed ordinance which repeals Section
17-1, Cable Television Rate Regulation, of Art. 1 of Ch. 17, Licenses and Miscellaneous
Business Regulations, of the Code of Ordinances. Vice Mayor Noel seconded the motion, and
all present voted aye.
Village Attorney George Baldwin stated to the Council that Ila Feld of Leibowitz & Associates
has reviewed Sectiar 17-1, and has recommended that instead of repealing it the Council should
consider amending it by changing the word "shall" to "may" so that the Council has the option to
go forward with regulation even though it is not mandated to do so.
Councilman O'Meilia moved to amend the ordinance as recommended, by substituting the word
"may" for "shall". President Pro Tem Tringali seconded the motion, and all present voted aye.
Councilman O'Meilia moved that Bill 1073 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTFI PALM
13fiACH, FLORIDA, AMENDING SECTION 17-1, CABLE TELEVISION RATE
RF?GULA1'ION, OF ARTICLE I OF CHAPTER 17, LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE OF
NOR"171 PALM BEACH, WHICH AMENDMENT GIVES THE VILLAGE THE OPTION
RATHER THAN MAKE MANDATORY THE PROCEDURE SET FORTH FOR
EVALUATION AND HEARING IN THE EVENT THE FRANCHISEE DESIRES 7'O
CHANGE CABLE TELEVISION RATES OR CHARGES; PROVIDING FOR SEV-
ERA131LITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES ]N CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
llATls
• ]3e placed on first reading and read by title alone. President Pro Tem Tringali seconded the
motiar, and all present voted aye.
Minutes of Regular Session
Hcld August 22, 2002
• IZFSOI UTION 45-2002 ADOPTED - LIEBOWITZ & ASSOCIATES, P. A. -AGREEMENT'
Vice Mayor Noel moved that Resolution 45-2002 entitled:
A I2F.SOI,UTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BL'ACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK 1'O ENTER INTO AN ATTORNEY/CLIENT AGREEMENT WITH LEIBOWITZ &
ASSOCIATES, P.A., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THF.
PURPOSE OF SECURING LEGAL ADVICE AND REPRESENTATION WITH RESPECT
7'O CABLE AND TELECOMMUNICATIONS ISSUES AND TO REPRESENT 1'HE
VILLAGE IN CONJUNCTION WITH THE LAW FIRM OF RICE, PUGATCH, ROBINSON
& SCIIILLER, P.A., IN MATTERS RELATED TO THE VILLAGE'S CABLE TELEVISION
FRANCHISE WITH SOUTHEAST FLORIDA CABLE, INC., D/B/A ADELPHIA CABLE
COMMUNICATIONS (ADELPHIA), INCLUDING ISSUES IN CONNECTION W11'H
ADELPHIA'S PENDING BANKRUPTCY PROCEEDING; AND, PROVIDING FOR AN
I?ITF,CT'IVE DATE
Be adopted. Councilman O'Meilia seconded the motion.
r 1
LJ
During discussion, the Council stipulated that the Village agrees to retain Leibowitz &
Associates, P. A. pursuant to Option A, which has the blended hourly rate of $200.00 for all
attorney time.
Thereafter, the motion passed 5-0.
RESOLUTION 46-2002 ADOPTED - INTERLOCAL AGREEMENT FOR NORTHLAKE
BLVD. OVERLAY ZONING DISTRICT GUIDELINES
Vice Mayor Noel moved that Resolution 46-2002 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 INTERLOCAL AGREEMENT WITH THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS, CITY OF PALM BEACH GARDENS
AND TOWN OF LAKE PARK ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
PROVIDES FOR HEIGHTENED REVIEW REGARDING UNINCORPORATED LANDS
LOCATED ALONG NORTHLAKE BOULEVARD BETWEEN MILITARY TRAIL AND U.S.
HIGHWAY NO. 1, APPROVES THE NORTHLAKE BOULEVARD OVERLAY ZONING
DISTRICT (NBOZ) DESIGN GUIDELINES AS A POLICY AND GROWTH
MANAGEMENT GUIDE, AND PROVIDES AGREEMENT TO CONSIDER PLACING THE
NBOZ IN THE VILLAGE'S LAND DEVELOPMENT CODE; AND, PROVIDING FOR AN
EFFECTIVE DATE.
13e adopted. Councilman Norris seconded the motion.
4
Minutes of Regular Session
Held August 22, 2002
lluring discussion, it was clarified that Exhibit "A" will now include the full Twin City Mall site.
Minor changes to the agreement consisted of deleting "go to" names on Page 5, leaving just the
titles.
Thereafter, the motion passed 5-0.
KESOLUTION 47-2002 ADOPTED -JOINT PLANNING AGREEMENT FOR LAND USE
PERMITTING - NORTHLAKE BLVD.
Councilman O'Meilia moved that Resolution 47-2002 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEAC}1, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT TRANSFERS LAND USE PERMITTING AND ENFORCEMENT
AUTHORITY TO THE VILLAGE FOR ALL DEVELOPMENT WITHIN THE
UNINCORPORATED COUNTY AREA ADJACENT TO THE VILLAGE IN THE
NOKTHLAKE BOULEVARD OVERLAY ZONING DISTRICT AND PROVIDES THAT
SUCH UNINCORPORATED AREAS SHALL BE SUBJECT TO THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT REGULATIONS OF THE VILLAGE OF NORTH
I'AI,M BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Norris seconded the motion.
lluring discussion, Village Attorney George Baldwin told the Council that he recommended
minor corrections to the final draft, including the deletion of "Palm Beach Gardens" on Page 1,
And on Page 5, the name of Tom Hogarth to be deleted, leaving the title "Public Services
Director".
Thereafter, ,all present voted aye.
RESOLUTION SUPPORTING RELOCATION OF USA CANOE/KAYAK TO PALM BEACH
COUNTY-TABLED
President Pro Tem Tringali moved that a resolution entitled:
A RESOLU7ION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, IN
SUPPORT OF USA CANOE/KAYAK (USACK) RELOCATING FROM LAKE PLACID,
NEW YORK, TO PALM BEACH COUNTY, FLORIDA; AND PROVIDING FOR AN
I:PFI:CTIVE DATE
Be adopted. Vice Mayor Noel seconded the motion.
• After lengthy discussion, Vice Mayor Noel moved to table the resolution until the proposal has
been modified to delete references to the Village of North Pahn Beach and until such time that
Minutes of Regular Session
I leld August 22, 2002
• USA Canoe/ICayak (USACK) acknowledges receipt of the modified proposal. Councilman
Norris seconded the motion to table. The motion passed 4-1, with Vice Mayor Noel,
Councilman Norris, President Pro Tem Tringali and Mayor Eissey voting aye, and Councilman
O'Meilia voting nay.
GOI,I' COURSE WALKING POLICY
President Pro Tem Tringali moved to reject the proposal of the Country Club Advisory Board
with respect to the walking policy and return the issue to them with the recommendation that
they deal with this financial matter in a financial way. Vice Mayor Noel seconded the motion.
The motion passed 3-2, with President Pro Tem Tringali, Vice Mayor Noel and Mayor Eissey
voting aye, and Councilman Norris and Councilman O'Meilia voting nay.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:35 p.m.
~C___
a hleen E Kelly, C ,Village Cl •k