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07-11-2002 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JULY 11, 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 KOLI. 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 Mayor Eissey gave the invocation, and Vice Mayor Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES "1'he following Minutes were approved: as written: Minutes of Regular Session held 6/27/02 RI'sYORT OF THE MAYOR Village Manager Dennis Kelly introduced the new Public Services Director, Kristine Frazell. S7'A7'EMENTS FROM THE PUBLIC Joseph Tucciarone, 525 Flotilla Road, addressed the Council regarding rental homes in Single- Family zoning districts. Mr. Tucciarone told the Council that there have been numerous problems with the tenants who rent asingle-family house on his street, with the police having been called there on many occasions, including the Sheriffs swat team. He stated that this happens with one tenant after another. Mr. Tucciarone asked if the Council could pass an • ordinance prohibiting homeowners from renting out their homes. Although it is not legal to prohibit a haueowner from renting his home, the Village Manager was directed to investigate Minutes of Regular Session Held ,luly l 1, 2002 • matters to see if code violations were occurring at 520 Flotilla Road, and to provide a report to the Council on this matter. Maiji Mathieu of 720 Lighthouse Drive addressed the Council regarding a letter she received regarding a Code Enforcement violation. Ms. Marji will be given a tape of the Council meeting wherein gravel driveways were discussed previously. Councilman O'Meilia requested that the budget transfer for travel to Gainesville, Georgia to visit the USACK training facility which was approved at the July 27th meeting be put on the floor for reconsideration. This item was then placed under 14.b. of the Regular Session agenda. Mayor Eissey announced at this time that 13.a and 13.b are not ready for action, and needed to be dropped from the agenda. Councilman Norris moved to place both items on the Workshop Agenda for discussion. Councilman Tringali seconded the motion, and all present voted aye. CONSENT AGENDA APPROVED hems 7.e and 7.g were removed from the Consent Agenda and placed tinder 14.c. and 14.d of the Regular Session Agenda. Thereafter, Councilman O'Meilia moved to approve the Consent Agenda, as amended. Vice Mayor Noel seconded the motion, and all present voted aye. The following items were approved: a. Received for file the Minutes of the Zoning Board of Adjustment meeting held 3/ 19/02 b. Received for file the Minutes of the Recreation Advisory Board meeting held 6/11 /02 c. Received for file the Minutes of the Library Advisory Board meeting held 6/25/02 d. Received for file the recommendation of the Recreation Advisory Board (Minutes of G/11/02) "to continue forward with the existing facility fee structure with the following exception: The following groups or organizations will be exempt fran the hourly room rate and charged a $2.00 fee per person per meeting or activity. These groups will be offered this option until October 1, 2002. On that date if any of these groups or organizations are not using a Village Recreation facility they will lose this exception. Any of these groups or organizations that discontinue the use of a Village Recreation facility after October 1, 2002 for a span of thirty days will also forfeit this exception and will be charged the normal hourly room rate". Designated the Village Manager as the voting delegate for the Village at the Florida League of Cities' Annual Conference at Boca Raton in August 2002 • REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISOIZY BOARDS Minutes of Regular Session Ileld July 11, 2002 • At the Palm Beach County League of Cities Board of Directors meeting, it was discussed that air upcoming annexation area (The Acreage) would be requesting of the County that the local gas tax agreements be amended so that the cities will get their fair share. VI[.I,AGI3 MANAGER'S REPORT Village Manager Dennis Kelly reported a change to the Budget Workshop schedule for Monday, July 15 will cover the Public Safety Department's Budget, Tuesday, July 16 will cover various other Departments, and Wednesday, July 17th will cover the Revenues with possible wrap-up and setting of the millage rate on Thursday, July 18th. Additionally, he reminded the Council that the IAFF Impasse Hearing will be next Wednesday, July 17th at 5:30 p.m, in the Library. The Northlake Task Force will meet on Monday, July 22, 2002 at 7:30 p.m, in Palm Beach Gardens. It also was reported that Wendy's Fast Food Restaurant has been permitted for the Twin City Mall area. The Village Clerk was directed to find a date for the Village Council to hold a joint workshop with the Charter Review Committee as quickly as possible. BILL 1070 -BUDGET AMENDMENT APPROPRIATING FUNDS FOR EMS GRANT - ENACTED AS ORD. 21-2002 Councilman O'Meilia moved that Bill 1070 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 200]- 2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $ 13,411 FOR E.M.S. DISASTER SUPPLIES, 75% OF WHICH WILL BE PAID BY FLORIDA DEPARTMENT OF HEALTH B.E.M.S. MATCHING GRANT PROGRAM Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motiar, and all present voted aye. Councilman O'Meilia moved that Bill 1070 be enacted as Ordinance 21-2002. Vice Mayor Noel secarded the motion, and all present voted aye. BILI, 1071 -SWIMMING POOL CODE -ENACTED AS ORD. 22-2002 Councilman O'Meilia moved that Bill 1071 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM B1:ACH, FLORIDA, CREATING A CHAPTER 25 TO THE CODE OF ORDINANCES OF 7'HE VILLAGE TO BE ENTITLED "SWIMMING POOLS" AND SETTING FORTH • SECTIONS 25-1 THROUGH 25-7, INCLUSIVE, THEREUNDER FOR THE PUKPOSE OF SETTING FORTH CONSTRUCTION, REGULATION AND PERMITTING REQUIREMENTS FOR SWIMMING POOLS AND FOR OTHER PURPOSES; PROVIDING Minutes of Regular Session Held July 11, 2002 • 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 second reading and read by title alone. Vice Mayor Noel seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1071 be enacted as Ordinance 22-2002. President I'ro "1'em Tringali seconded the motion, and all present voted aye. ]31I,L 1072 -CODE AMENDMENT -RECREATIONAL VEHICLES -ENACTED AS ORD. 23-2002. Vice Mayor Noel moved that Bill 1072 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM 13IiACH, FLORIDA, AMENDING SECTION 2-173, APPLICABILITY, OF ARTICLE VI, CODE ENFORCEMENT BOARD, OF CHAPTER 2 OF THE CODE OF ORDINANCES OF 7'HE VILLAGE FOR THE PURPOSE OF EXTENDING THE ENFORCEMENT POWERS AND JURISDICTION OF THE CODE ENFORCEMENT BOARD TO INCLUDE SECTION 18-35 EN1'IT'LED RECREATIONAL BOATING AND CAMPING EQUIPMENT AND PERSONAL RECREATIONAL USE TRAILERS; PARKING ON RESIDEN77AL PROPL'RTY RESTRICTED ;PROVIDING FOR SEVERABILITY; PROVIDING FOR THE IZEPEAI. OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 13e placed on secaid reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Vice Mayor Noel moved that Bill 1072 be enacted as Ordinance 23-2002. President Pro Tem Tringali seconded the motion, and all present voted aye. I31LL 1073 - REPEALING 17-] OF THE CODE - CABLE TELEVISION RATE REGULATION -TABLED. Councilman O'Meilia moved that Bill 1073 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REPEALING SECTION 17-1, CABLE TELEVISION RATE REGULATION, OF ARTICLE I OF CHAPTER 17, LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS, 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 CONFLICT • HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE Be placed on first reading and read by title alone. Vice Mayor Noel seconded the motion. 4 Minutes of Regular Session held July ] 1, 2002 • lliscussion folloti~ed regarding whether this should be deleted from the Code because it isn't being enforced, or whether it should be amended to say "may" instead of "shall" within the ordinance. Councilman Norris moved to table until we can get a full review by our telecommunications attorney, and have him suggest a replacement revision. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman Norris, President Pro Tem Tringali, Vice Mayor Noel and Mayor Eissey voting aye, and Councilman O'Meilia voting nay. IZESOLU7'ION 40-2002 ADOPTED -PLAT AMENDMENT FOR HARBOUR ISLES President Pro Tem Tringali moved that Resolution 40-2002 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF 1'HE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO THE PLAT OF HARBOUR ISLES RF:COKDED IN PLAT BOOK 86, PAGES ] 11 THROUGH 121, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH WCI COMMUNITIES, INC., AND FLEET NATIONAL BANK ATTACHED AS EXHIBIT "A", W}]IC17 AMENDMENT TO PLAT SUBDIVIDES ALL OF LOT 104 INTO LOTS 103 AND 105 OF HARBOUR ISLES; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 41-2002 ADOPTED -RELEASING UTILITY EASEMENT IN HARBOUR ]SEES Councilman O'Meilia moved that Resolution 41-2002 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEAC}I, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CL1;RK TO EXECUTE THE RELEASE OF UTILITY EASEMENT ATTACHED AS EXHIBIT "A", WHICH RELEASE IS OF A SEVEN (7) FOOT WIDE UTILITY EASEMENT S}-TOWN ON LOT 104 OF THE PLAT OF HARBOUR ISLES RECORDED IN PLAT BOOK 86, PAGES 111 THROUGH 121, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE 13e adopted. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION 42-2002 ADOPTED -AMENDING PERSONNEL RULES & REGULATIONS FOR ACCIDENT PREVENTION AND SAFETY • Councilman Norris moved that Resolution 42-2002 entitled: Minutes of Regular Session Hcld July 11, 2002 • A KESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM I3EAC}I, FLORIDA, AMENDING SECTION 10.01.01, ACCIDENT PREVENTION AND SAi'E7'Y, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OP NORTH PALM BEACH, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE I3e adopted. Vice Mayor Noel seconded the motion, and all present voted aye. RESOLUTION 43-2002 ADOPTED - AMENDING PERSONNEL RULES AND REGULATIONS -HOLIDAYS Vice Mayor Noel moved that Resolution 43-2002 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 9.02.03, HOLIDAYS, OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF NORTH PALM BEACH, WIIIC}1 AMENDMENT ]S ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN I:FPECTIVE DATE Be adopted.. Councilman Norris seconded the motion. During discussion, Councilman O'Meilia moved to amend the motion by deleting the holiday that is currently used for those who wish to take Martin Luther King Day or New Year's Eve Day, as determined by each Department. President Pro Tem Tringali seconded the motion. The motion passed 4-1, with Councilman O'Meilia, Councilman Norris, President Pro Tem Tringali and Vice Mayor Noel voting aye, and Mayor Eissey voting nay. 't'hereafter, the original motion passed 5-0. FIRE ENGINE RENTAL APPROVED Vice Mayor Noel moved to declare Engine No. 1 surplus equipment and authorizing the Public Safety Department to use it as payment for rental of a fire engine until the new fire engine is delivered. Councilman O'Meilia seconded the motion, and all present voted aye. "IRIP'1'O VISIT KAYAK FACILITY Discussion was held concerning a budget transfer of $1,100 for a trip to Gainesville, Georgia to view the kayak training facility and meet with USACK officials, which was approved at the last Council meeting. It was stated that the Village Manager and the Recreation Director would be taking the trip. No further action was taken on this item. RECOMMENDATIONS OF LIBRARY ADVISORY BOARD • Minutes of Regular Session tleld July 1 ], 2002 • Councilman O'Meilia moved to have the Village Engineer do the construction drawings for the Library Lighting project, per the lighting study. President Pro Tem Tringali seconded the motion. During discussion, it was recommended by Village Attorney George Baldwin that it be placed on an upcoming agenda. Consensus of Council was to hold a Special Meeting next week for the purpose of expediting the project. Thereafter, Vice Mayor Noel moved to accept for file the recommendation of the Library Advisory Board that the "Village Council 1) accept lighting plan #3, at a cost of approximately $75,000," and 2) "that the Library staff be responsible for selecting the new lighting fixtures that will be used." Councilman O'Meilia seconded the motion, and all present voted aye. Consensus of Council was to direct staff to go out for bid as quickly as possible 1'UB1.IC HEARING ON COUNTRY CLUB NAME CHANGE CANCELLED Councilman O'Meilia moved to accept the recommendation of the Country Club Advisory Board to keep the name of the Nor[h Palm Beach Country Club, and to cancel the Public Hearing t}tat was scheduled on this matter. Councilman Norris seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:17 p.m ,/ K thleen F. Kelly, CMC, Village C1 c •