02-14-2002 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 14, 2002
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
President Pro Tem Don Noel
Charles R. O'Meilia, Councilman
Joseph A. Tringali, Councilman
Dennis W. Kelly, Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
ROLL CALL
Mayor Norris 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
Vice Mayor Eissey gave the invocation, and President Pro Tem Noel led the public in the Pledge
of Allegiance to the Flag.
"1'he following Minutes were approved as written:
Minutes of Regular Session held 1/24/02
Minutes of Special Session held 2/5/02
REPORT OF THE MAYOR
Mayor Norris accepted a trophy for the Belle Glade Catfish Open, a golf tournament won by
Village representatives.
Mayor Norris appointed the following persons to a Committee to address Country Club benefits:
David Norris, David Talley, Paul Lambrakis and Rob Derry. The Committee will address the
benefits of club membership.
• Tillie Gardner spoke before the Council about her ambulance bill from the Village, which was
$200 more than another ambulance service that provided her return trip. Mrs. Gardner staled
Minutes of Regular Session
Held February 14, 2002
• that she did not receive treatment during either transport. Village Manager Dennis Kelly was
directed to investigate the matter.
Mayor Norris presented the Certificate of Achievement For Excellence in Financial Reporting to
Finance Director Shaukat Khan. The Certificate was awarded to the Village by the Government
Finance Officers Association of the United States and Canada.
CONSENT AGENDA APPROVED
Item 7.c. was removed from the Consent agenda and placed under 14.c. on the Regular agenda.
Thereafter, President Pro Tem Noel moved to approve the Consent agenda. Vice Mayor Eissey
seconded the motion, and all present voted aye. The following items were approved:
Accepted for file the Minutes of the Country Club Advisory Board meeting held 11/5/O1
Accepted for file the Minutes of the Police and Fire Pension Board meeting held 11/6/01
Accepted for file the Minutes of the Planning Commission meeting held 1/8/02
REPORTS OP SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY
BOARDS
Mayor Norris reported that the committee is continuing discussion with the monastery for a
parcel of land to be used for the north substation, and will be meeting soon with the attorney for
the monastery.
Councilman O'Meilia reported that legislative updates by the Florida League of Cities can be
obtained through the League's website at flcities.com each Friday, and running through the
weekend. He also advised the Council that the Palm Beach County Municipal League will hold
its annual installation on May 18, 2002 at the Ritz-Carlton.
Councilman Tringali told the Council that the Leukemia Cup Regatta will be held in North Palm
Beach on March 15, 16, and 17th. He asks that the Village support the effort in whatever way
possible.
MANAGER'S REPORT
Village Manager Dennis Kelly reminded the Council of the Author's Luncheon on February 25,
2002 at the Marriott in Palm Beach Gardens. Mr. Kelly stated that the Village will have a table
for Councilmen and their spouses.
Recreation Director Mark Hodgkins asked approval from the Council to change the Heritage
Day parade route so that U. S. 1 and the Parker bridge don't have to be closed. Mr. Hodgkins
• proposed that the participants muster at Anchorage Park, proceed along Anchorage Drive north
to Country Club, on to Overlook and Club Road, and then onto the Country Club. Mr. Hodgkins
reported that the Recreation Advisory Board was in concurrence with the suggestion, and that it
Minutes of Regular Session
] leld February 14, 2002
would be safer for participants, the route would provide more shade, and it would be less of an
• inconvenience to residents east of U. S. 1 getting out onto U. S. 1. Additionally, the bridge
would not have to be closed, which requires permission from the Florida Department of
7lansportation, and the construction around the Village Hall could be avoided. The Council, by
consensus, agreed to a new route which begins at Anchorage Park, goes north on Anchorage to
U. S. 1, turns left on U. S. 1 to the Country Club, possible using only the southbound or
northbound lanes. Mr. Hodgkins will consult with the Public Safety Dept. on this issue.
I31LL 1051 -ADULT ENTERTAINMENT ESTABLISHMENTS -ENACTED AS ORD. 02-
2002
President Pro Tem Noel moved that Bill 1051 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (4), PROHIBITED LOCATIONS, OF
SECTION 45-20, ADULT ENTERTAINMENT ESTABLISHMENT, OF ARTICLE II OF
APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO
PROVIDE THAT RESTAURANTS OPERATING UNDER FLORIDA 4-COP-SRX
].ICENSES ARE NOT SUBJECT TO DISTANCE RESTRICTIONS FROM ADUI,7'
ENTERTAINMENT ESTABLISHMENTS; PROVIDING THAT RELIGIOUS
1NST1'1'UTIONS, EDUCATIONAL INSTITUTIONS, CHILD CARE FACILITIES, FAMILY
DAY CARE HOMES, COMMUNITY RESIDENTIAL HOMES, PARKS AND
COMMERCIAL ESTABLISHMENTS THAT SELL OR DISPENSE ALCOHOL FOR
CONSUMPTION ON PREMISES (OTHER THAN ESTABLISHMENTS OPERATING
UNDER FLORIDA 4-COP-SRX LICENSES) SHALL NOT LOCATE AND OPERATE
WITHIN THE DISTANCE REQUIREMENTS FROM SUCH ESTABLISHMENTS AND
FAC1I,177ES OPERATED AND LICENSED FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
I'ItOV]DING FOR AN EFFECTIVE DATE
13e placed on second reading and read by title alone. Councilman Tringali seconded the motion,
and all present voted aye.
Councihnan Tringali moved that Bill 105] be enacted as Ordinance 02-2002. President Pro Tem
Noel seconded the motion. The motion passed 4-1, with Councilman Tringali, President Pro
Tem Noel, Vice Mayor Eissey and Mayor Norris voting aye, and Councilman O'Meilia voting
aye.
1311,1, ]052 - SEPARATION OF CERTAIN USES FROM SALES OF ALCOHOLIC
13EVF,RAGES AND FILLING STATIONS -ENACTED AS ORD. 03-2002
Councilman Tringali moved that Bill 1052 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION N, LOCATION OF BUSINESS FOR
3
Minutes of Regular Session
]leld February 14, 2002
RETAIL SALES OF ALCOHOLIC BEVERAGES, OF SECTION 45-36, GENERAI.
• I'ItOVISIONS, OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF
ORDINANCES OF THE VILLAGE, TO PROVIDE THAT ABONA-FIDE RF,STAUKANT
OPERATING UNDER A FLORIDA 4-COP-SRX LICENSE IS EXEMPTED FROM THE
DISTANCE RESTRICTIONS FROM RETAIL SALES OF ALCOHOLIC BEVERAGES;
PROVIDING THAT CHURCHES, PUBLIC AND PRIVATE SCHOOLS, HOSPITALS,
PARKS, PLAYGROUNDS, OR A PLACE OF BUSINESS OF ANOTHER LICENSED
RETAIL SELLER OF ALCOHOLIC BEVERAGES CANNOT LOCATE AND OPERATE
WITIIIN ONE THOUSAND (1,000) FEET OF A BUSINESS LICENSED FOR RETAIL
SALES OF ALCOHOLIC BEVERAGES; AMENDING SUBSECTION L OF SECTION 45-36,
GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX C-ZONING TO PROVIDE
THA"1' CHURCHES, HOSPITALS, SCHOOLS AND SIMILAR INSTITUTIONS WHERE
LARGE NUMBERS OF PEDESTRIANS CONGREGATE CANNOT BE LOCATED Wl7'HIN
DIVE HUNDRED (500) FEET OF GASOLINE OR OIL FILLING STATIONS OK SERVICE
S7'A7'IONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
13e placed on second reading and read by title alone. President Pro Tem Noel seconded the
motion, which passed 5-0.
President Pro Tem Noel moved that Bill 1052 be enacted as Ordinance 03-2002. Councilman
Tringali seconded the motion. The motion passed 4-1, with President Pro Tem Noel,
Councilman Tringali, Vice Mayor Eissey and Mayor Norris voting aye, and Councilman
O'Meilia voting nay.
BILL 1053 -BUDGET AMENDMENT TO FUND U. S. 1 SIDEWALK -PLACED ON FIRST
READING
Councilman O'Meilia moved that Bill 1053 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
T}IE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 200]-
2002 7'O APPROPRIATE FUNDS IN THE AMOUNT OF $ 15,000.00 FOR DESIGN,
PERMITTING AND CONSTRUCTION OF U.S. #1 SIDEWALK FROM McLAREN ROAD
"1'O CAROLINDA ROAD
13e placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, and
all present voted aye.
BII,I, 1054 -BUILDING CODE AMENDMENTS -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1054 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NOKTII PALM
BEACH, FLORIDA, AMENDING SECTION 6-16, AUTHORITY, AND SECTION 6-17,
4
Minutes of Regular Session
Held February 14, 2002
CODES ADOPTED, OF ARTICLE II, MINIMUM CONSTRUCTION STANDARDS, OF
• CHAI'TF,R 6, BUILDINGS AND BUILDING REGULATIONS, OF THF. CODE OF
ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 6-
2, ACCESSIBILITY TO BUILDINGS BY HANDICAPPED PERSONS; STATE LAW
ADOPTED OF ARTICLE I OF CHAPTER 6 OF THE OF THE CODE OF ORDINANCES OF
"1'HE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 6-3, FIRE DISTRICT,
OF ARTICLE 1 OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE OF
NOIZ7'H PALM BEACH; REPEALING SECTION 11-11, CODES ADOPTED, AND
SEC77ON 11-]2, AMENDMENTS, CORRECTIONS, ADDITIONS, OF ARTICLE II,
ELECTRICAL CODE, OF CHAPTER 11 OF THE CODE OF ORDINANCES OF TIIE
VILLAGE OP NORTH PALM BEACH; REPEALING SECTION 12-16, ADOPTED BY
RE,FGRENCE, AND SECTION 12-17, AMENDMENTS, OF ARTICLE II, FIRE
PREVENTION CODE, OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE
VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 25-1 THROUGH SECTION
25-11, INCLUSIVE, AND SECTION 25-23 THROUGH SECTION 25-38, INCLUSIVE, O}'
CHAPTER 25, SWIMMING POOLS, OF THE CODE OF ORDINANCES OF THE VILLAGE
OI' NORTH PALM BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HF;REWITH; 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 by adding the requirement that floor
slabs must be 8 % feet above sea level, as in the past. Vice Mayor Eissey seconded the motiai,
and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
RESOLUTON 06-2002 ADOPTED - RESUN LEASE AGREEMENT
Councilman O'Meilia moved that Resolution 06-2002 be taken from the table. Vice Mayor
Eissey seconded the motion, and all present voted aye.
Councihuan O'Meilia moved that Resolution 06-2002 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
13EACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A LEASE AGREEMENT WITH RESUN LEASING,
INCORPORATED, A DELAWARE CORPORATION, ATTACHED AS EXHIBIT "A",
WHICI I LEASE AGREEMENT IS FOR THE PURPOSE OF SECURING A MODULAR UNIT
(TItA1LER) FOR USE AT THE PUBLIC SAFETY NORTHERN SUBSTATION; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
•
5
Minutes of Regular Session
Held February 14, 2002
RESOLUTION 07-2002 ADOPTED -BENJAMIN SCHOOL LEASE AGREEMENT'
• Vice Mayor Eissey moved that Resolution 07-2002 be taken from the table. President Pro T'em
Noel secaided the motion, and all present voted aye.
Vice Mayor Eissey moved that Resolution 07-2002 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 A SECOND AMENDMENT TO LEASE AGREEMENT
BETWEEN THE BENJAMIN PRIVATE SCHOOL, INC., A FLORIDA CORPORATION,
AND THE VILLAGE OF NORTH PALM BEACH ATTACHED AS EXHIBIT "A", WHICH
AME:NDMENI' EXTENDS THE LEASE TERMINATION DATE OF THE SITE BE[NG
UTILI7.ED BY 1'HE VILLAGE AS A TEMPORARY NORTH SUB-STATION FOR TILE
I'UI3LIC SAFETY DEPARTMENT TO DECEMBER 31, 2004; AND, PROVIDING FOR AN
]:FPEC"1'IVE DATE
Be adopted. President Pro Tem Noel seconded the motion, and all present voted aye.
RFSOI UT'lON FOR EOUIPMENT LEASE/PURCHASE AGREEMENT -TABLED 1'O
2/28/02
Vice Mayor Eissey moved that a resolution authorizing the Mayor and Village Clerk to enter into
an equipment lease/purchase agreement with First Union Bank be taken from the table.
]'resident Pro Tem Noel seconded the motion, and all present voted aye.
Vice Mayor Eissey move that the resolution entitled:
A RI;SOI,UTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
C1,ERK TO ENTER INTO AN EQUIPMENT LEASE/PURCHASE AGREEMENT AND
ASSOCIATED DOCUMENTS THERETO WITH FIRST UNION NATIONAL BANK, A
NATIONAL BANKING ASSOCIATION, ATTACHED AS COMPOSITE EXHIBIT' A,
WHICH EQUIPMENT LEASE/PURCHASE AGREEMENT IS FOR THE PURPOSE OF
VILLAGE SECURING FUNDS UP TO $743,000.00 FOR FINANCING ACQUISITION OF
VA121OUS EQUIPMENT AND VEHICLES FOR THE VILLAGE; AND, PROVIDING FOIL
AN EFFECTIVE DATE
Be adopted. President Pro Tem Noel seconded the motion.
During discussion, it was noted that the financing includes equipment with a life span less than
the financing term of seven years.
• Vice Mayor Eissey moved to table the item to February 28, 2002, with direction that staff bring
back a recommendation on the matter. Councilman O'Meilia seconded the motion, and all
present voted aye.
Minutes of Regular Session
held February 14, 2002
• RESOLUTION 08-2002 -AUTHORIZING CONTRACT WITH WILLIAMS-SCOTSMAN
FOR TRAILERS
Vice Mayor Eissey moved that Resolution 08-2002 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK T'O ENTER INTO A LEASE AGREEMENT WITH WILLIAMS SCOTSMAN, INC.,
ATTACHED AS EXHIBIT "A", WHICH LEASE IS FOR THE PURPOSE OF SECURING
MODULAR BUILDINGS FOR USE AT VILLAGE HALL PROPERTY DURING IN"I'ERIOIZ
RENOVATIONS OF VILLAGE HALL; AND, PROVIDING FOR AN EFFECTIVE DATE
13c adopted. Councilman O'Meilia seconded the motion, and all present voted aye.
GENERAL RELEASE -LBFH, INC.
President Pro Tem Noel moved to approve payment of $4,280.90 to LBFH, Inc. and Howard L.
Searcy Caisulting Engineers as final payment in exchange for general release to the Village.
Councilman Tringali seconded the motion.
During discussion, Councilman O'Meilia moved to amend by authorizing payment of $4,280.90
and general release, payment to be made when the appropriate letter guaranteeing the Village
access to all work products performed for the Village, including zoning map program, is received
by the Village. President Pro Tem Noel seconded the motion. The motion passed 4-1, with
Councilman O'Meilia, President Pro Tem Noel, Councilman Tringali and Mayor Norris voting
aye, and Vice Mayor Eissey voting nay. Thereafter, the original motion, as amended, passed 3-
2, with President Pro Tem Noel, Councilman Tringali and Councilman O'Meilia voting aye, and
Vice Mayor Eissey and Mayor Norris voting nay.
NPBCC GOLF COURSE -SPECIAL RATES
Vice Mayor Eissey moved to approve a rate reduction for play after 2 p.m. at the North Palm
Beach Country Club Golf Course fora 60-day period for the purpose of increasing golf play
during slow periods. President Pro Tem Noel seconded the motion.
During discussion, the Council agreed by consensus to reduce the current rate for residents for 18
holes after 2 p.m. from $39.00 to $24.00; 9 holes from $24.00 to $15; non-resident current rate
for 18 holes fran $62.00 to $39.00; 9 holes from $37.50 to $24.00. Additionally, it was agreed
to lower cart fees for resident members to $9.00 for 18 holes and $5.50 for 9 holes after 2 p.m.
"l hereafter, the motion passed 5-0.
WORK ORDER # 3 -PBS&J ]NC. -SIDEWALK ON U. S
•
Minutes of Regular Session
Held February 14, 2002
• Councilman O'Meilia moved to approve Work Order #3 to the Agreement with PBS&J, Inc. for
design and permitting of a sidewalk on U. S. 1 from Carolinda Drive to McLaren Road.
Councilman Tringali seconded the motion, and all present voted aye.
M[NU1'ES OI' THE COUNTRY CLUB ADVISORY BOARD MEETING HELD 12/3/02
President Pro Tem Noel moved to accept for file the Minutes of the Country Club Advisory
Board meeting held 12/3/02. Vice Mayor Eissey seconded the motion.
During discussion, it was noted that 3 members abstained from voting on a proposal by the
Yacht Club to change the name of the Country Club.
Village Clerk Kathleen Kelly reported to the Council that she has advised the Board members
regarding state statute which does not allow voting abstentions except in cases where a ca~tlict
of interest exists. Ms. Kelly stated further that the required form for reporting conflicts of interest
had been sent to the abstaining members, as well as the Chairman. Ms. Kelly also told the
Council that the vote was incorrectly stated as having passed 3-Q because a majority of those
present (six) was required to pass it. Ms. Kelly will return the Minutes to the Board for
correction.
Thereafter, the motion passed 4-1, with President Pro Tem Noel, Vice Mayor Eissey,
Councilman O'Meilia and Mayor Norris voting aye, and Councilman Tringali voting nay.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:25 p.m
Kathleen F. Kelly, C C, Village C rk
•