09-12-2002 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 12, 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
ROLL. CALL
Mayor Eissey called the meeting to order at 7:35 p.m. All members of the Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Norris gave the invocation, and Councilman O'Meilia led the public in the Pledge
of Allegiance to the Flag.
APPROVAL OF MINUTES
7'he following Minutes were approved as written:
Minutes of Regular Session held 8/22/02
REPORT OF THE MAYOR
Staff' was directed to look into the feasibility of having franchise agreements with the various
commercial garbage haulers who operate within the Village of North Palm Beach.
CONSENI'AGENDA APPROVED
]tem h. was removed from the Consent Agenda and placed under Miscellaneous Business.
Thereafter, President Pro Tem 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 Code Enforcement Board meeting held 8/5/02
Minutes of Regular Session
Hcld September 12, 2002
• b. Received for file the Minutes of the Country Club Advisory Board meeting held
8/5/02
c. Received for file the Minutes of the Planning Commission meeting held 8/6/02
d. Received for file the recommendation of the Planning Commission (Minutes of
8/6/02) to read as follows: "Zoning Code Section 45-33, C-1 (A) (8),
Neighborhood Commercial District Uses Limited Access Self Storage Facilities
which is defined as aself-storage facility, with limited access points from the
exterior of the building to the interior halls that serve individual bays"
e. Received for file the recommendation of the Planning Commission (Minutes of
8/6/02) to read as follows: Zoning Code Section 45-33, C-1 (E) (10),
Neighborhood Commercial District Off-Street Parking Regulations to add Limited
Access Self Storage Facilities, one (1) space for each two hundred (200) storage
units plus five (5) customer parking spaces"
Received for file the recommendation of the Planning Commission (Minutes of 8/6/02)
to read as follows: "Zoning Code Section 45-33, C-I (G) (4), conditions for
permitted uses to add Limited Access Self Storage Facilities will only be allowed
on properties within commercial planned unit developments). All exterior service
doors must not be visible from any public street and adjacent property; ii.) All
buildings must be a maxinmm of two (2) stories with architectural treatment to
reflect the actual number of stories; iii) No blank walls will be permitted; iv.) A
mix of uses must be provided that includes a minimum of 10% GFA retail or
professional office (excluding the on-site management office) for the self-storage
facility"
g. Received for file the recommendation of the Planning Commission (Minutes of
8/6/02) to read as follows: "Commercial Planned Unit Development (CYIIll)
permitted by Section 45-35.1 of the Village of North Palm Beach Zoning Code
located at 401 Norihlake Boulevard with two (2) waivers"
i. Approved a budget transfer in the amount of $8,000 from a7321-33190 to A5522-
34620 (R&M Bldg. & Grounds) for electrical work associated with the installation
of an emergency generator at Public Services
KEI'ORTS OF SPECIAL COMMITTEES
Councilman O'Meilia reported that the Palm Beach County League of Cities will be meeting at
Palm Beach Gardens on September 25, 2002 at 10:30 a.m., and the Board of Directors of the
League of Cities will hold a joint meeting with the County Commission from 1 p.m. til 4 p.nt. on
that day to discuss amtexation issues. All Council members are invited to attend the joint session
• following the general meeting and luncheon.
VILLAGE MANAGER'S REPORT
2
Minutes of Regular Session
Held September 12, 2002
• Village Manager Dennis Kelly reviewed a handout prepared by Finance Director Shaukat Khan
regarding the Country Club Fund's cash flow and pending issues.
Councilman Norris moved to approve the purchase of golf course equipment (correcting vehicles
from 3 to 2), clubhouse awnings and tee signs totalling $88,000. 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 nay, and Councilman O'Meilia voting nay.
Country Club Director David Talley reported that the Country Club Advisory Board
recommended at their rescheduled meeting on September 5, 2002 that walking fees be increased
$].50 per round, effective 10/1/02, and also reported that recommendations were made
concerning golf member benefits, both of which will be discussed later on the workshop agenda.
Mr. Kelly reviewed various meeting dates with the Council..
Kristine Frazell updated the Council on various projects, including the Library Lighting Project
and the Osborne Park project, both of which are ready to begin by October 1.
Councilman O'Meilia turned over new grant information from the Lake Worth Lagoon
Partnership Committee, which has approximately $4 million available for drainage problems and
drainage programs.
FX PAR"1'E COMMUNICATIONS
Councilman O'Meilia reported an Ex Parte communication with Collene Walter of Kilday and
Associates on September 9, 2002 regarding the storage use and zoning change for the C-1 zoning
district.
BILL 1073 -AMENDING SEC. 17-1. CABLE TELEVISION RATE REGULATION -
FiNACTED AS ORD. 24-2002
Councilman O'Meilia moved that Bill 1073 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING 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, 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 TO
CIIANGI3 CABLE TELEVISION RATES OR CHARGES; PROVIDING FOR SEV-
EItABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
• ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATI;
Minutes of Regular Session
Held September 12, 2002
• Be placed on second reading and read by title alone. Vice Mayor Noel seconded the motion, and
all present voted aye.
Vice Mayor Noel moved that Bill 1073 be enacted as Ordinance 24-2002. Councilman O'Meilia
seconded the motion, and all present voted aye.
B]LL 1074 -ADOPTING BUDGETS FOR FY 2002-2003 -PLACED ON FIRST READING
Vice Mayor Noel moved that Bill 1074 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING
BUDGETS FOR THE FISCAL YEAR OCTOBER 1, 2002, TO SEPTEMBER 30, 2003, BOTH
INCLUSIVE, FOR THE VILLAGE OF NORTH PALM BEACH GENERAL FUND,
INCLUDING DEBT RETIREMENT, AND FOR THE NORTH PALM BEACH COUNTRY
CLUB REVENUE FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH
"PHIS ORDINANCE
13e placed on first reading and read by title alone. President Pro 1'em Tringali seconded the
motion.
During discussion, Village Manager Dennis Kel-y told the Council that based on what the
Council decides regarding tee times and walking policy later in the agenda, the Country Club
budget will be adjusted for the second Public Hearing on September 26th. Additionally,
adjustments will have to be made based on what is adopted for the General Fund and Country
Club budgets as a result of the HRMP Compensation Study. It was also stated that the
distribution for performance pay for non-union employees has not yet been set, and
recommended the distribution be set at 0-6%, since COLA is only 1.6% this year. 1'he
consensus of the Council regarding the pay for performance distribution was 0-5%. The
projected $50,000 for the Osborne Park project will not be spent this year, and needs to be
carried over to next year's budget. Additionally, the Public Safety Department will need 13
crossing guards instead of the 12 guards already budgeted for.
Staff was asked to take a look at the revenues and expenses in Sanitation between now and the
second reading of the budget, because they don't equate. This will be addressed under item e. of
Miscellaneous Business. Also, staff was requested to look again at the equity of rates vs. fees at
the Country Club.
Thereafter, all present voted aye.
BILI, 1075 - AMENDING VARIOUS SUBSECTIONS OF SECTION 45-33, Gl
NEIGHBORHOOD COMMERCIAL DISTRICT -PLACED ON FIRST READING
President Pro Tem Tringali moved that Bill 1075 entitled:
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING VARIOUS SUBSECTIONS OF SECTION 45-33, C-1
4
Minutes of Regular Session
Held September 12, 2002
• NEIGIIBOKHOOD COMMERCIAL DISTRICT, OF ARTICLE Ill, DISTRICT
REGULATIONS, OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE
VILLAGE; AMENDING SUBSECTION A, USES PERMITTED, OF SECTION 45-33 BY
ADDING LIMITED ACCESS SELF-STORAGE FACILITIES AS A PERMITTED USE;
AMENDING SUBSECTION E, OFF-STREET PARKING REGULATIONS, OF SECTION 45-
33 TO PROVIDE REQUIREMENTS FOR OFF-STREET PARKING OF LIMITED ACCESS
SELF-STORAGE FACILITIES; AMENDING SUBSECTION G, CONDITIONS FOR
1'1?IZMITTED USES, OF SECTION 45-33 TO PROVIDE CONDITIONS FOR LIMITED
ACCESS SELF-STORAGE FACILITIES AND A PROVISION THAT SUCH USE MUST BE
WI'1IilN A COMMERCIAL PLANNED UNIT DEVELOPMENT; PROVIDING FOK
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
llATE
Be placed on first reading and read by title alone. Vice Mayor Noel seconded the motion.
lluring discussion with Collene Walter of Kilday and Associates, it was noted that Building C is
proposed to be built on private utility easement. Ms. Walter staled that they are working with
Southern Bell and Florida Power and Light Co., and they are amenable to relocating the utilities.
1\9r. Baldwin opined that the Village can control the number of units by going through the
commercial P.U.D. process, which could contain a section putting a maximum on the number of
bays allowed, and that the owner must provide proof at their own expense each year prior to their
license being renewed.
During discussion, Councilman O'Meilia moved to amend the ordinance by deleting language
which reads "within commercial planned unit developments" on Page 3, Paragraph G.4. The
motion died for lack of a second.
Thereafter, the motion to place on first reading passed 3-2, with President Pro 1'em 77ingali,
Vice Mayor Noel and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman
Norris voting nay.
131LL 1076 CREATING A COMMERCIAL P.U.D. ON NORTHLAKE BLVD. -PLACED ON
FIRST READING
President Pro Tem Tringali moved that Bill 1076 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BI:AC}I, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) FOR A MIXED USE REDEVELOPMENT PROJECT UPON THOSE CERTAIN
LANDS CONSISTING OF 3.10 ACRES, MORE OR LESS, LOCATED AT 401
NOR'1'}ILAKE BOULEVARD WITHIN THE VILLAGE AND MORE PARTICULARLY
• DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS
7'O BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS
INTITI,ED "NORTHLAKE BOULEVARD MIXED USE REDEVELOPMENT PROJECT"
5
Minutes of Regular Session
held September 12, 2002
• A7"1'ACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND
SYECII'1CATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOK A
LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING THAT ALL
INFRASTRUCTURE IMPROVEMENTS SHALL BE PRIVATE AND MAINTAINED BY
THE FEE SIMPLE OWNER; PROVIDING FOR REVIEW AND APPROVAL OF DEED
RESTRICTIONS BY THE VILLAGE ATTORNEY PRIOR TO RECORDATION IN T}IE
PUBLIC RECORDS; SETTING FORTH REQUIREMENTS TO BE ME1' BY THE
PI'1'1TlONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING
FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION FOR THE CPUD;
PROVIDING FOR APPROVAL OF TEMPORARY SIGNAGE BY THE VILLAGE
1'I.ANNING COMMISSION; PROVIDING PROCEDURE FOR MODIFICATIONS TO TfIE
CI'UI); PROVIDING FOR SEVERABILITY; PROVIDING FOR 7'HE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREW]TH; AND
PROVIDING FOR AN EFFECTIVE DATE
Be placed on first reading and read by title atone. Vice Mayor Noel seconded the motion.
During discussion, the Council agreed by consensus to provide in Section 6 on Page 2 that the
CYUll be commenced within one year from the effective date of the ordinance and completed
within two years thereafter.
As discussed earlier, provision for utility lines and easements will be included in the ordinance,
as well as language that puts a cap on the number of storage units (limiting to 700) and
establishing proof of such prior to occupational licenses being issued or renewed.
Thereafter, the motion to place on first reading passed 3-2, with President Pro Tem Tringali,
Vice Mayor Noel and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman
Norris voting nay.
BILL 1077 -AMENDING BUDGET FOR PURCHASE OF PLATEMAKER -PLACED ON
I'IRS'1' READING
Councilman O'Meilia moved that Bill 1077 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 7'O APPROPRIATE FUNDS IN THE AMOUNT OF $1,500 FOR PURCHASE OF
PLA1'EMAKF,R
Be placed on first reading and read by title alone. Vice Mayor Noel seconded the motion, and all
present voted aye.
RESOLUTION 48-2002 ADOPTED - AUTHORIZING LEASE AGREEMENT WITH
• J.E.D.L., INC.
Vicc Mayor Noel moved that Resolution 48-2002 entitled:
6
Minutes of Regular Session
I leld September 12, 2002
• A KESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLL'RK TO ENTER INTO A LEASE AGREEMENT TO CONDUCT FOOD AND
BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB WI'1'I1
J.E.D.L., ]NC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT A; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Norris seconded the motion
lluring discussion, Village Attorney George Baldwin read into the record an additional
paragraph in Section 5 of the contract, which had been faxed to Mr. D'Ambra and who states he
is in agreement, as follows: "Lessee agrees to hold a meeting once per month during the teen of
the lease with the Country Club Director and such other Country Club staff and Lessees as
requested by the Director. The meetings shall be held to discuss schedule of events and to
coordinate events and functions between the various departments of the Country Club, and for
such other purposes set forth by the Country Club Director."
Brief discussion was held with Country Club Director, who clarified that the Country Club
Advisory Board did not make a recommendation regarding a dress code, but agreement was
reached between the Director and the Lessee as follows: Proper attire required. No tank tops, no
bathing suits. Footwear and shirts required at all times. Management reserves the right to refuse
service to those who do not comply".
Thereafter, the motion passed 5-0.
BUllGE1' 7'R.ANSFER APPROVED -GROUP HEALTH
Councilman Norris moved to approve a budget transfer in the amount of $55,000 from various
General Fund and Country Club accounts as detailed in RCA dated 8/27/02; $5,000 to L8070-
49913 (Group Health) and $50,000 to A5540-49913 (Group Health) to cover unexpected
shortage in the Group Health account. President Pro Tem Tringali seconded the motion, and all
present voted aye.
CIIANGE ORDER #2 APPROVED -VILLAGE HALL RENOVATION
President Pro Tem Tringali moved to approve Change Order #2 in the amount of $23,501.13 for
electrical items and door and wall revisions to the Village Hall renovation project. Vice Mayor
Noel seconded the motion, and all present voted aye.
CIIANGE ORDER #3 APPROVED -VILLAGE HALL RENOVATION
President Pro Tem Tringali moved to approve Change Order #3 in the amount of $3,165.85 for
• receptacles and electrical wiring to accommodate additional equipment and rearrangement of
original planned equipment for the Village Hall renovation project. Councilman Norris
seconded the motion, and all present voted aye.
7
Minutes of Regular Session
Neld September 12, 2002
• CAPITAL EOUIPMENT FINANCING PROPOSAL FOR NPBCC EQUIPMENT REJECTED
Councilma^ O'Meilia moved to reject the recommendation of staff to accept the Capital
Equipment Financing Proposal from Southtrust. Councilman Norris seconded the motion, and
all present voted aye.
BUllGET TRANSFER APPROVED FOR SOLID WASTE DISPOSAL INVOICES
Councilman O'Meilia moved to approve a budget transfer in the amount of $50,000 from various
personnel accounts in Sanitation to A7020-34340 (Solid Waste Disposal) to pay outstanding
invoices and projected bills through the end of this fiscal year. President Pro Tem Tringali
seconded the motiat, and all present voted aye.
llirection was given to Finance Director Shaukat Khan to make an adjustment to the budget prior
to the second reading of the budget ordinance to cover the new increased disposal fees as set by
the Solid Waste Authority.
Thereafter, the motion passed 5-0.
ADJOURNMENT
Witlt no further business to come before the Council, the meeting adjourned at 10:00 p.m.
K ~thlecn F. Kelly, CMC, Village C •k
u