01-24-2002 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
I-IELD THURSDAY, JANUARY 24, 2002
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
Don Noel, President Pro Tem
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
KOLL 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.
INVOCA77ON AND PLEDGE OP ALLEGIANCE
Mayor Norris gave the invocation, and Councilman Tringali led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Correction was made to the Minutes of Regular Session held 1/10/02, as follows: Page 1, last
sentence - "composition from eight to seven" should be "composition from seven to eight".
Thereafter, the Minu[es were approved as corrected.
STA"1'L'MF,NTS FROM THE PUBLIC
Ed Moore, 2621 Conroy Drive, presented a petition from residents of Conroy Drive who are
requesting that the Village put a barricade at the west end of Conroy Drive between the
commercial properties that face Alt. AlA and the residential properties on Conroy Drive. Mr.
Moore stated that 2/3 of the property owners were in agreement, and would probably want to put
a bean at the line of demarcation. This item will be placed on an upcoming Workshop agenda.
CONSENT AGENDA APPROVED
Items 7.h., 7.j. and 7.1. were removed from the Consent Agenda and placed on the Regular
Agenda. Thereafter, Vice Mayor Eissey moved to approve the Consent Agenda as amended.
President Pro Tem Noel seconded the motion, and all present voted aye. The following items
• were approved:
Minutes of Regular Session
held January 24, 2002
• Accepted for file the Minutes of the Code Enforcement Board meeting held 1/7/02
Accepted for file the Minutes of the Recreation Advisory Board meeting held 1/8/02
Accepted for file the Minutes of the Planning Commission Public Hearing held 12/4/01
Accepted for file the Minutes of the Planning Commission Regular Meeting held 12/4/01
Accepted for file the recommendation of the Recreation Advisory Board (Minutes of 1/8/02)
that "Council institute the National Alliance for Youth Sports' program of Volunteer screening
and background checks into all Village children-related programs and activities"
Accepted for file the recommendations of the Planning Commission (Minutes of 12/4/01) to
approve Comp Plan amendments 02-1.1 (Future Annexation areas), 02-1.2 (Future band Use),
and 02-1.3 (Prosperity Farms Rd. GRACES facility)
Accepted for file the recommendation of the Planning Commission (Minutes of 12/4/01) that
C'ormcil approve an application for conditional approval of a residential PUD located at 2389 &
2421 Monet Road
Adopted Resolution 03-2002, accepting the Bid of Williams Scotsman, Inc., West Palm Beach,
Florida for 3 temporary office trailers to house Village personnel; funds to be expended from
K5500-66200 (Village Hall Renovation-Capital)
Approved a budget transfer in the amount of $35,666 from A6018-11210 (Regular Pay) to
A6018-11300 (Part Time Pay) to add one Part Time Building Inspector I position and one Part
Time Code Inspector position (deleting one Full Time Building Inspector I position (job code
#6018-0108)
KEPORTS OF SPECIAL COMMITTEES
Councilman O'Meilia reported that the Palm Beach County League of Cities held a Joint
Meeting with the Palm Beach County Commissioners on January ] 5th, wherein various items
were discussed, including annexation procedures, local option sales tax, transportation funding,
and the utility tax.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reviewed calendar events for the month of February. The Action
Log was reviewed and updated.
131LI. 1050 - BUDGF,T AMENDMENT FOR COUNTRY CLUB DIRECTOR -ENACTED AS
• ORD. O1-2002
President Pro Tem Noel moved that Bill 1050 entitled:
Minutes of Regular Session
held January 24, 2002
• AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
T}IF, NORTH PALM BEACH COUNTRY CLUB BUDGET FUND BUDGET FOR T'HE
FISCAL YEAR 2001-2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $8,900.00
FOR COUNTRY CLUB DIRECTOR'S POSITION
13e placed on second reading and read by title alone. Councilman Tringali seconded the motion,
and all present voted aye.
Councilman O'Meilia moved enact Bill 1050 as Ordinance 01-2002. President Pro Tem Noel
seconded the motion, and all present voted aye.
1311.E 1051 - ADULT ENTERTAINMENT ESTABLISHMENTS - YROHIBIT'ED
LOCATIONS
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
SEC77ON 45-2Q ADULT ENTERTAINMENT ESTABLISHMENT, OF ARTICLE 11 OF
AI'PI:NDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO
PROVIDE THAT RESTAURANTS OPERATING UNDER FLORIDA 4-COP-SRX
LICENSES ARE NOT SUBJECT TO DISTANCE RESTRICTIONS FROM ADULT
ENTERTAINMENT ESTABLISHMENTS; PROVIDING THAT RELIGIOUS
INSTITUTIONS, 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
WI"1'H1N THF. DISTANCE REQUIREMENTS FROM SUCH ESTABLISHMENTS AND
PACILIT'IES OPERATED AND LICENSED FOR ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAT
OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; ANll
PROVIDING FOR AN EFFECTIVE DATE.
13e placed on first reading and read by title alone. Councilman Tringali seconded the motion
7'he motiar passed 4-1, ti~ith President Pro Tem Noel, Councilman Tringali, Vice Mayor Eissey
and Mayor Norris voting aye, and Councilman O'Meilia voting nay.
BIL1, 1052 - SEPARATION OF CERTAIN USES FROM SALES OF ALCOHOLIC
BEVERAGES -PLACED ON FIRST READING
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 BUSINF,SS FOR
3
Minutes of Regular Session
}{eld January 24, 2002
• RETAIL SALES OF ALCOHOLIC BEVERAGES, OF SECTION 45-36, GENERAL
PROVISIONS, OF ARTICLE III OF APPENDIX C-ZONING, OP THE CODE OP
ORDINANCES OF THE VILLAGE, TO PROVIDE THAT ABONA-FIDE RESTAURANT
OPI:IUITING UNDER A FLORIDA 4-COP-SRX LICENSE IS EXEMPTED FROM T}iE
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 OP ALCOHOLIC BEVERAGES CANNOT LOCATE AND OPERATE
WITHIN ONE THOUSAND (1,000) FEET OF A BUSINESS LICENSED FOR RETAIL
SALFiS OF ALCOHOLIC BEVERAGES; AMENDING SUBSECTION L OF SECTION 45-36,
GEN1iRAL PROVISIONS, OF ARTICLE III OF APPENDIX C-ZONING TO PROVIDE
"171A7' CHURCHES, HOSPITALS, SCHOOLS AND SIMILAR INSTITUTIONS WHERE
LARGE NUMBERS OF PEDESTRIANS CONGREGATE CANNOT BE LOCATED WITHIN
FIVE HUNDRED (500) FEET OF GASOLINE OR OIL FILLING STATIONS OR SERVICE
STA77ONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING POR AN EFFECTIVE DATE.
Be placed on first reading and read by title alone. 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 nay.
RI?SOI,UTION 04-2002 ADOPTED -APPOINTING CHARTER REVIEW COMMITTEE
Councilman O'Meilia moved that Resolution 04-2002 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEAC}I, FLORIDA, APPOINTING SEVEN (7) RESIDENTS OF THE CHARTER REVIEW
COMMITTEE CREATED BY THE VILLAGE COUNCIL FOR THE PURPOSE OF
REVII?W1NG THE CHARTER OF THE VILLAGE AND MAKING WRITTEN
RECOMMENDATIONS FOR REVISIONS TO THE VILLAGE COUNCIL; AND,
PROVIDING FOR AN EFFECTIVE DATE
I3e adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION OS-2002 ADOPTED - SUPPORTING SENATORIAL AND
REPRESENTATIVE REDISTRICTING
Vice Mayor Eissey moved that Resolution OS-2002 entitled:
A RIiSO1,UTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
REQUI3STING THE ADOPTION OF AN APPORTIONMENT PLAN IN WHICH PALM
BEAC]I COUNTY RESIDENTS COMPRISE A MAJORITY OF THE CONSTITUENCY IN
• THE SENATORIAL AND REPRESENTATIVE DISTRICTS CREATED; DIRECTING THIS
RESOLUTION BE FORWARDED TO THE SENATE REAPPORTIONMENT COMMITTEE
4
Minutes of Regular Session
Held January 24, 2002
AND THE HOUSE PROCEDURAL AND REDISTRICTING COUNCIL; PROVIDING AN
• EPFF:CTIVE DATE; AND POR OTHER PURPOSES.
Be adopted. Councilman O'Meilia seconded the motion.
During discussion, Councilman O'Meilia moved to amend the Resolution by adding the phrase
"to represent Palm Beach County" at the end of Section 2, and adding the phrase "and
maximising the number of elected legislators residing in Palm Beach County" at the end of
Section 3. Councilman Tringali seconded the motion to amend, and all present voted aye.
Thereafter, the original motion, as amended, passed 5-0.
RFSOI UTION AUTHORIZING EQUIPMENT LEASE/PURCHASE AGREEMENT WITH
I'IKST UNION BANK -TABLED
President Pro Tem 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 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
VARIOUS EQUIPMENT AND VEHICLES FOR THE VILLAGE; AND, PROVIDING FOR
AN EFFECTIVE DATE
Be adopted. Councilman O'Meilia seconded the motion. During discussion, it was noted that
paragraph 2 (Location of Lease Equipment) would have to be revised to allow the fire truck to be
moved outside the county for servicing or repair. Additionally, Village Attorney George
Baldwin stated that his request to change Paragraph 6.7 (Insurance) as shown in his letter to
Eli-rabeth Dyer on January 18., 2002 had been agreed to verbally.
President Pro Tem Noel moved to table the Resolution to the Regular Session of February 14,
2002. Vice Mayor Eissey seconded the motion and all present voted aye.
RFSOI UTION AUTHORIZING LEASE AGREEMENT WITH RESUN LEASING. INC. -
7'ABI,ED
Vice Mayor Eissey 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 A LEASE AGREEMENT WITH RESUN LEASING,
• INCORPORATED, A DELAWARE CORPORATION, ATTACHED AS EXHIBIT "A",
WHICH LEASE AGREEMENT IS FOR THE PURPOSE OF SECURING A MODULAR
Minutes of Regular Session
Held January 24, 2002
CJ
UNIT (TRAILER) FOR USE AT THE PUBLIC SAFETY NORTHERN SUBSTATION;
AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. President Pro Tem Noel seconded the motion. Village Attorney George Baldwin
told the Council that aself=insurance clause and attorneys fees should be included, and therefore
recommended that the resolution be tabled.
It was noted that the line item only had $100 in it, and it should be checked out.
Councilman O'Meilia moved to table to February 14, 2002. President Pro Tem Noel seconded
the motion, and all present voted aye.
VILLAGE ENGINEER WORK ORDER #3 - U. S. 1 SIDEWALK FROM MCLAREN TO
CAROLINDA-TABLED
Councilman Tringali moved to approve the Village Engineer Work Order #3 for the design and
permitting of U. S. 1 sidewalk from McLaren Road to Carolinda Road. Councilman O'Meilia
seconded the motion.
During discussion, it was noted that the project was not funded and a budget amendment would
have to be brought forth before the Work Order is adopted.
Councilman O'Meilia moved to table the item to February 14, 2002. President Pro Tem Noel
seconded the motion, and all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:03 p.m.
r ,/9~ //~,,,
~Ka hleen F. Kelly, CMC, Village Cl rk
•