09-26-2002 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, SEPTEMBER 26, 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 7:30 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.
RECESS
7'he meeting recessed at 7:31 for the purpose of resuming the second Public Hearing on the
budget, and reconvened at 7:45 p.m.
AP)'KOVAL OF MINUTES
"The following Minutes were approved as written:
Minutes of Special Session held 9/5/02
REPORT OF THE MAYOR
Councilman O'Meilia moved to grant the Village Clerk a merit raise for next year in the amount
of 4.2% as presented by the personnel director. Councilman Norris seconded the motion, and all
preseut voted aye.
CONSIN7' AGENDA APPROVED
• Mayor Eissey announced that Item 7.n. had been withdrawn from the agenda. Item 7.j. was
removed from the Consent Agenda and placed on the Regular Agenda as Item 13.b. Thereafter,
Minutes of Regular Session
}leld September 26, 2002
• 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:
Received for file the Minutes of the Library Advisory Board meeting held 8/27/02
1eceived for file the Minutes of the Country Club Advisory Board meeting held 9/5/02
Received for file the Minutes of the Recreation Advisory Board meeting held 9/10/02
Received for file the Minutes of the General Employees Pension Board meeting held 9/11/02
Received for file the recommendation of the Country Club Advisory Board (Minutes of 9/5/02)
to "purchase tee signs for up to $8,000.00"
Received for file the recommendation of the Country Club Advisory Board (Minutes of 9/5/02)
to "award the golf ball retrieval contract to Wheeler Enterprises"
Received for file the recommendation of the Country Club Advisory Board (Minutes of 9/5/02)
that "Council approve a benefit enhancement package for existing golf members developed by
an ad hoc committee and amended by the Country Club Advisory Board"
Keceived for file the recommendation of the Country Club Advisory Board (Minutes of 9/5/02)
that "an amoral golf calendar outlining tournaments and special events be provided for members"
Adopted a resolution authorizing the Mayor and Village Clerk to enter into an independent
contractor agreement with William H. Bell for printing services
Approved option of paying for Country Club memberships and charges through Visa and
Mastercard credit cards
Declared envelope-feeding equipment in General Services Dept. surplus equipment (as described
in attachment to RCA dated 8/22/02)
Approved budget transfer of $15,000 in Recreation Dept.; $11,000 from A8028-66490
(Machinery & Equipment) and $4,000 from A8028-66422 (Playground) to A8028-111300 (Yart-
timepay) to cover shortage due to increased summer staff and increased coverage of Community
Center building, fields and courts
Approved budget transfer of $6,674 from L8046-35530 (Golf Merchandise) to L8046-33230
(Charge Card Fee) to cover an overage in the account through 9/30/02
RfiPORTS OF SPECIAL COMMITTEES
• Councilman O'Meilia gave a handout to the Council regarding the annexation summit which he
had attended as the Village's representative to the League of Cities. He reported that the League
of Cities and the Palm Beach County Commissioners are addressing countywide annexatiat
Minutes of Regular Session
I leld September 26, 2002
• problems at this time. A legislative Act this coming February will be submitted for legislation to
redefine an enclave as it relates to annexation, either voluntary or involuntary. An ad hoc
committee comprised of the County Commissioners and the League's Board of Directors has
been established to formulate along-range annexation policy for Palm Beach County.
VILLAGE MANAGER'S REPORT
Village Manager Dennis Kelly reported that the Fire Prevention Fair is scheduled for October 5th
starting at ] 0 a.nr.
I)iscussiar was held regarding the six-month probationary period for the Village Manager and
the criteria that needs to be established for it. The Village Manager has requested aone-on-are
meeting with each member of the Council, followed by a Council Workshop wherein
determination will be made regarding the criteria to be used for evaluation. The Village Clerk
ryas directed to schedule a Special Workshop within the next three weeks for this purpose.
I311I 1075 - AMENDING VARIOUS SUBSECTIONS OF SECTION 45-33, C-1
NEIGHBORHOOD COMMERCIAL DISTRICT-ENACTED AS ORD. 26-2002
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
NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE 111, DISTRICT
IZI:GULATIONS, OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE
VILLAGE; AMENDING SUBSECTION A, USES PERMITTED, OF SECTION 45-33 BY
ADDING L1MI1'ED 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
PERMITTED USES, OF SECTION 45-33 TO PROVIDE CONDITIONS FOR LIMITED
ACCESS SELF-STORAGE FACILITIES AND A PROVISION THAT SUCH USE MUST BE
WITHIN A COMMERCIAL PLANNED UNIT DEVELOPMENT; PROVIDING FOR
SI;VERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATL'
Be placed on second reading and read by title alone. Vice Mayor Noel seconded the motion. The
motion passed 3-2, President Pro Tenr Tringali, Vice Mayor Noel and Mayor Eissey voting aye,
and Councilman O'Meilia and Councilman Norris voting nay.
Vice Mayor Noel moved that Bill 1075 be enacted as Ordinance 26-2002. President Pro Tem
"fringali seconded the motion. The motion passed 3-2, Vice Mayor Noel, President Pro Tem
• "fringali and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman Norris voting
nay.
Minutes o}'Regular Session
I leld September 26, 2002
• BI1,L 1076 - CREATING A COMMERCIAL PUD ON NORTHLAKE BLVD. - ENAC"I'F.D
AS ORD. 27-2002
Vice Mayor Noel moved that Bill 1076 entitled:
AN ORDINANCE OF 7'HE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) FOR A MIXED USE REDEVELOPMENT PROJECT UPON THOSE CERTAIN
LANllS CONSISTING OF 3.10 ACRES, MORE OR LESS, LOCATED AT 401
NORTHLAKE BOULEVARD WITHIN THE VILLAGE AND MORE PARTICULARLY
llESCR1BED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS
7'O I3E DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS
EN7']TI,ED "NORTHLAKE BOULEVARD MIXED USE REDEVELOPMENT PROJECT"
ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND
SI'ECIPICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOR A
LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION; PROVIDING THAT ALL
IN}~RAS7'RUCTURE IMPROVEMENTS SHALL BE PRIVATE AND MAINTAINED BY
7'HE FBE SIMPLE OWNER; PROVIDING FOR REVIEW AND APPROVAL OF DEED
RESTRICTIONS BY THE VILLAGE ATTORNEY PRIOR TO RECORDATION IN THE
I'IJBLIC RECORDS; SETTING FORTH REQUIREMENTS TO BE MET BY 1'HE
PET177ONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING PERMIT; PROVIDING
POR 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 THE
CPUD; 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 Tringali seconded the
motion. The motion passed 3-2, with Vice Mayor Noel, President Pro Tem Tringali and Mayor
Eissey voting aye, and Councilman O'Meilia and Councilman Norris voting nay.
Vice Mayor Noel moved that Bill 1076 be enacted as Ordinance 27-2002. President Pro Tem
7 ringali seconded the motion. The motion passed 3-2, with Vice Mayor Noel, President I'ro
1'em Tringali and Mayor Eissey voting aye, and Councilman O'Meilia and Councihuan Norris
voting nay.
1311,E 1077 -BUDGET AMENDMENT -PURCHASE OF PLATEMAKER -ENACTED AS
ORD. 28-2002
Councilman O'Meilia moved that Bill 1077 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
• TILE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAK 2001-
2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,500 FOR PURCHASE OP
I'LA7'EMAKER
4
Minutes of Regular Session
Held September 26, 2002
• 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 1077 be enacted as Ordinance 28-2002. President Pro
7'em Tringali seconded the motion, and all present voted aye.
BILL 1078 - CODE AMENDMENT - COMMERCIAL WASTE DISPOSAL FEES
SCHF,DULE -PLACED ON FIRST READING
Councilman O'Meilia moved that Bill 1078 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (2) OF SECTION 14-30, COMMERCIAL
USE YROPERI'Y WASTE DISPOSAL FEES AND COLLECTION PROCEDURES, OF
ARTICLE II, GARBAGE, TRASH AND REFUSE, OF CHAPTER 14 OF THE CODE OP
ORDINANCES OF THE VILLAGE BY INCREASING THE ANNUAL DISPOSAL FEES
FOR GARBAGE, TRASH AND REFUSE; 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, and all
present voted aye.
KI;SOLUTION AMENDING BEA CONTRACT -TABLED
President Pro Tem Tringali 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
CLL'RK TO ENTER INTO AN AMENDMENT TO THE STANDARD FORM OF
AGItI:EMENT BETWEEN OWNER AND ARCHITECT WITH STANDARD FORM OF
ARCHITECT'S SERVICES AND STANDARD FORM OF ARCHITECT'S SERVICES FOR
DESIGN AND CONTRACT ADMINISTRATION WITH BEA INTERNATIONAL, A
FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A", WHICH AMENDMENT IS FOR
771E PUKPOSE OF INCREASING THE SCOPE OF SERVICES TO INCLUDE INTERIOR
DESIGN SERVICES FOR VILLAGE HALL RENOVATION; AND, PROVIDING FOR AN
EFFECTIVE DATE
Be adopted. Vice Mayor Noel seconded the motion.
During discussion, staff was directed to prepare a list of all matters that must be resolved in order
to permit occupancy, and further, to investigate how Public Safety handled the purchase of
• furniture for its new building. Staff is to report back to the Council on how much money has
been set aside for furnishings.
Minutes of Regular Session
l leld September 26, 2002
• President Pro Tem Tringali moved to table the resolution until the next Regular meeting.
Councilman Norris seconded the motion, and all present voted aye.
RESOLUTION 51-2002 -NORTH PALM BEACH YACHT CLUB LEASE AGREEMENT
President Pro Tem Tringali moved that Resolution 51-2002 entitled:
A RTSOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CL,I;RK TO ENTER INTO AN AGREEMENT WITH NORTH PALM BEACH YACHT'
CLUB, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES
NOI2'1'H PALM BEACH YACHT CLUB, INC., TO STORE KAYAKS, OPTIMIST DINGHY
SAILBOATS AND ASSORTED EQUIPMENT ON ANON-EXCLUSIVE BASIS IN THE
GAi2AGE BUILDING OWNED BY THE VILLAGE AND LOCATED ON THE ROAD
LEADING TO NORTH PALM BEACH MARINA; AND, PROVIDING FOR AN EFFECTIVE
DATE
I3e adopted. Vice Mayor Noel seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED -VILLAGE ATTORNEY LEGAL FEES
Councilman O'Meilia moved to approve a budget transfer in the amount of $15,000 from
A5105-33112 (Special Legal Services) to A5 1 05-33 1 1 1 (Village Attorney) to cover deficit in the
account. Councilman Norris seconded the motion, and all present voted aye.
WAIVER OF PURCHASING RULES & REGULATIONS APPROVED FOR COUNTRY
CLUB AWNINGS
President Pro Tem Tringali moved to waive the Purchasing Rules and Regulations for the
purpose of purchasing awnings for the Country Club; funds to be expended from Country Club
Contingency. Vice Mayor Noel seconded the motion. The motion passed 4-1, with President
Pro Tem Tringali, Vie Mayor Noel, Councilman Norris and Mayor Eissey voting aye, and
Councilman O'Meilia voting nay.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:30 p.m.
~~ ~ 1
K~thleen F. Kelly, CMC, Village Cl
•
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