02-28-2002 VC REG-M• MINUTES OF THE REGULAR SESSION
OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, FEBRUARY 28, 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
Councilman Tringali gave the invocation, and Mayor Norris led the public in the Pledge of
Allegiance to the Flag.
7 he following Minutes were approved as written:
Minutes of Regular Session held 2/14/02
Minutes of Public Hearing held 2/14/02 (Bill 1051)
Minutes of Public Hearing held 2/14/02 (Bill 1052)
CONSENT AGENDA APPROVED
Items 7.a., 7.k, and 7 g. were removed from the Consent agenda, and became 8.a, 13.b. and 14.a.
respectively on the Regular agenda. Thereafter, Vice Mayor Eissey moved to approve the
Consent agenda, as amended. Councilman O'Meilia seconded the motion, and all present voted
aye. The following items were approved:
• Accepted for file the Minutes of the Kecreation Advisory Board meeting held 2/12/02
Minutes of Regular Session
Ileld February 28,2002
Accepted for file the Minutes of the Country Club Advisory Board meeting held 1/7/02
• Accepted for file the Minutes of the Country Club Advisory Board meeting held 2/4/02
Accepted for file the recommendation of the Country Club Advisory Board (Minutes of 2/4/02) to
"award a full family membership to Mr. David Talley" (See item 4.e on Workshop agenda)
Adopted Resolution 09-2002 authorizing the Mayor and Village Clerk to enter into an equipment
lease/purchase agreement with CitiCapital Commercial Corporation for golf carts at the North
Yalm Beach Country Club
Approved Village Engineer's amended fee estimate for an additional $10,400 to complete
administration duties for Phase 1 of the dredging project; funds to be expended from capital
project account K5200-49930
Accepted the Canprehensive Annual Financial Report for the Year Ended September 30, 2001,
as prepared by Haas, Diaz & Co.
Approved Change Order #2 with Subaqueous Services, Inc., a credit of $13,613.63 for reduced
volume of material to be dredged due to presence of seagrasses
PETITIONS AND COMMUNICATIONS
Discussion took place concerning the Library Advisory Board meeting of ]/22/02 and the
attachments that were not included. Village Clerk Kathleen Kelly reported that she received the
attachments after the agenda packets were delivered. The Council directed that the reports be
placed in their mailbins. Further discussion took place regarding repeated Board absences. Staff
.vas directed to check on what the revised policy dictates. Further, Village Attorney George
Baldwin recommended that absences not be excused for a prolonged period, but should be
addressed on a meeting by meeting basis.
Thereafter, Councilman O'Meilia moved to accept for file the Minutes of the Library Advisory
Board meeting held 1/22/02. President Pro Tem Noel seconded the motion, and all present voted
aye.
Vll,I,AGE MANAGER'S REPORT
Village Manager Dennis Kelly reported that he would be bringing a evaluation procedure for the
Golf Professional and the Pool Manager to the Council in the near future for approval.
All members of Council, as well as any other interested parties, were asked to call Tallahassee
legislators regarding the funding which was promised for the new voting equipment.
• Council directed the Village Manager to contact Haas, Diaz & Co. for the purpose of arranging a
presentation of the Annual Report to the Country Club Advisory Board.
Minutes of Regular Session
Held I'ebruary 28, 2002
Councilman O'Meilia reported that a representative of the MPO (Metropolitan Planning
• Organization) gave a presentation at the Palm Beach County League of Cities meeting, during
which he said that the MPO has $2.5 million available in grant monies for projects such as the
Prosperity Fauns Road Landscaping Project or the Northlake Boulevard Task Force project„ and
that applications are due in early May.
Mr. Hoga~~lh reported that the power source is not ready for the lighting for the batting cages at
tl~e Canntunity Center, and estimated that it would be ready in approximately 4 weeks.
I31LI, 1053 -BUDGET AMENDMENT TO FUND U. S. 1 SIDEWALK -ENACTED AS
ORD. 04-2002
Councilman 1'ringali moved that Bill 1053 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
771E NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2001-
2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $ 15,000.00 FOR DESIGN,
PERMITTING AND CONSTRUCTION OF U.S. #1 SIDEWALK FROM McLAREN ROAD
7'O CAROLINDA ROAD
13e placed on second reading and read by title alone. President Pro Tem Noel seconded the
motion, and all present voted aye.
Councilman O'Meilia moved that Bill 1053 be enacted as Ordinance 04-2202. Vice Mayor
Eissey seconded the motion, and all present voted aye.
BI I,L 1054 -BUILDING CODE AMENDMENTS -ENACTED AS ORD. OS-2002
Councilman O'Meilia moved that Bill 1054 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 6-16, AUTHORITY, AND SECTION 6-17,
CODES ADOPTED, OF ARTICLE II, MINIMUM CONSTRUCTION STANDARDS, OI~
C}IAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE 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
THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 6-3, FIRE DISTRICT',
OF ARTICLE I OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE OF
NORTH PALM BEACH; REPEALING SECTION 11-11, CODES ADOPTED, AND
SECTION 11-12, AMENDMENTS, CORRECTIONS, ADDITIONS, OF ARTICLF, lI,
E1,FCTRICAL CODE, OF CHAPTER I1 OF THE CODE OF ORDINANCES OP THk:
VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 12-16, ADOPTED BY
• REFERENCE, AND SECTION 12-17, AMENDMENTS, OF ARTICLE Il, FIRE
PREVENTION CODE, OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE
VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 25-1 THROUGH SECTION
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Minutes of Regular Session
}geld February 28, 2002
25-11, INCLUSIVE, AND SECTION 25-23 THROUGH SECTION 25-38, INCLUSIVE, OF
• CIIAPTGR 25, SWIMMING POOLS, OF THE CODE OF ORDINANCES OF THE VILLAGE
OF NORTH PALM BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFI,IC"1'
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
Be placed on second reading and read by title alone. President Pro Tem Noel seconded the
motion.
During discussion, Councilman O'Meilia moved to amend by adding to the Section 2.02
Definitions in the Technical Section the definition "minimum floor slab elevation shall be not
less than 8.5 feet above mean sea level or less than 18 inches above the crown of the road."
Councilman Tringali seconded the motion, and all present voted aye.
Public Services Director Tom Hogarth made a statement for the record that the adoption of these
amendments will be in the public interest by strengthening the Florida Building Code, which
includes the Building, Electric, Plumbing, Mechanical and other typical codes for the health,
safety and welfare of the citizens of the Village.
Thereafter, the original motion, as amended, passed 5-0.
Councilman O'Meilia moved that Bill 1054 be enacted as Ordinance OS-2002. President Pro
Tem Noel seconded the motion, and all present voted aye.
BILL 1055 -COMMITTEES AND BOARDS -PLACED ON FIRST READING
President Pro Tem Noel moved that Bill 1055 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-1, COMMITTEE AND BOARDS, OF
ARTICLE I OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF
THE VILLAGE, BY ADDING A SUBSECTION (d) THERETO TO PROVIDE THAT' ALL
COMMITTEES AND BOARDS OF THE VILLAGE SHALL HOLD ALL MEETINGS AT
VILLAGE HALL; AMENDING SECTION 2-154, OATHS OF OFFICE; MEETINGS;
QUORUM OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL,
EMPLOYEES, OF ARTICLE V, PENSION AND RETIREMENT SYSTEMS, OF CHAPTER 2,
7'O PROVIDE THAT ALL BOARD MEETINGS SHALL BE HELD AT VILLAGE HALL;
AMEND]NG SUBSECTION (d), BOARD MEETINGS, OF SECTION 2-164, BOARD OI'
7'ItUSTEES -- GENERALLY, OF DIVISION 4, PENSION AND CERTAIN OTHER
IIENEFII'S FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V, PENSION AND
RETIREMENT SYSTEMS, OF CHAPTER 2, TO PROVIDE THAT ALL BOARD MEE1'1NGS
SHALL BE HELD AT VILLAGE HALL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
• I1F,RI:WITH; AND, PROVIDING FOR AN EFFECTIVE DATE
Minutes of Regular Session
lleld February 28, 2002
Be placed on first reading and read by title alone. Councilman Tringali seconded the motion.
• 7'he motion 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.
RFSOI UTION FOR EOUIPMENT LEASE/PURCHASE AGREEMENT -TABLED TO
3/14/02
Vice Mayor Eissey moved that a resolution authorizing the Mayor and Village Clerk to enter into
an eduipment lease/purchase agreement with First Union Bank be taken from the table.
Councilman O'Meilia seconded the motion, and all present voted aye.
]'resident Pro Tem Noel moved that the resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH I'AI.M
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGF,
CLERK TO ENTER INTO AN EQUIPMENT LEASE/PURCHASE AGREEMENT AND
ASSOCIATED DOCUMENTS THERETO WITH FIRST UNION NATIONAL BANK, A
NATIONAI, BANKING ASSOCIATION, ATTACHED AS COMPOSITE EXHIBIT A,
WI]ICH EQUIPMENT LEASE/PURCHASE AGREEMENT IS FOR THE PURPOSE OF
VILLAGE SECURING FUNDS UP TO $743,000.00 FOR FINANCING ACQUISITION OF
VARIOUS EQUIPMENT AND VEHICLES FOR THE VILLAGE; AND, PROVIDING FOR
AN EFFECTIVE DATE
13e adopted. Vice Mayor Eissey seconded the motion
lluring discussion, it was noted that a revision of the financing schedule will be discussed at the
Workshop Session.
Councilman O'Meilia moved to table the item to the next Regular Session. Vice Mayor Eissey
seconded the motion, and all present voted aye.
RESOLUTION ]0-2002 ADOPTED -APPROVING AGREEMENT WITH SOUTHTRUST
BANK FOR NIGHT DEPOSITORY
]'resident Pro Tem Noel moved that Resolution 10-2002 entitled:
A IZESOLU"I'ION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH F'AI.M
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND V1LI.AGI;
CLERK TO ENTER INTO A NIGHT DEPOSITORY AGREEMENT WITH SOUTI]TRUST
BANK ATTACHED AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES THF,
VILLAGE OF NORTH PALM BEACH TO UTILIZE SOUTHTRUST BANK'S NIGHT
DEPOSITORY BOX; AND, PROVIDING FOR AN EFFECTIVE DATE
• Be adopted. Vice Mayor Eissey seconded the motion.
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Minutes of Regular Session
Held February 28, 2002
Dining discussion, President Pro Tem Noel moved to amend by requiring that the agreement
• must include the changes requested in Village Attorney George Baldwin's letter of January 24,
2002. Vice Mayor Eissey seconded the motion, and all present voted aye.
Thereafter, the original motion passed 5-0.
WORK ORDER #6 APPROVED -ENGINEERING FEES FOR PLAT 4 DRAINAGE
PROJECT
Councihnan O'Meilia moved to approve the Village Engineer's Work Order #6 in the amount of
$8,115 for engineering fees for Plat 4 Drainage Project (Tasks 1 and 2 only); fiords to be
expended from A7321-66210. President Pro Tem Noel seconded the motion, and all present
voted aye.
AllJOURNMF,NT
With no further business to come before the Council, the meeting adjourned at 8:58 p.m.
,~~~
K thleen F. Kelly, CMC, Village Clerk
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