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02-13-2003 VC REG-MMINUTES OF THE REGULAR SESSION • OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 13, 2003 Present: Edward M. Eissey, Mayor Don Noel, Vice Mayor Joseph A. Tringali, President Pro Tem Charles R. O'Meilia, Councilman David B. Norris, Councilman Doug Smith, Acting 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 Councilman O'Meilia gave the invocation and Mayor Eissey led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Special Session held 2/3/03 REPORT OF THE MAYOR During the Report of the Mayor, Country Club Director Dave Talley reported that the North Palm Beach Country Club has received the National Golf Foundation's Customer Loyalty Award based on customer loyalty and satisfaction in the municipal category as surveyed in 2002. CONSENT AGENDA APPROVED Councilman O'Meilia moved to approve the Consent Agenda. Vice Mayor Noel seconded the motion, and all present voted aye. The following items were approved: • Received for file the Minutes of the Code Enforcement Board meeting held 12/2/02 Minutes of Regular Session Held Thursday, February 13, 2003 • Received for file the Minutes of the Recreation Advisory Board meeting held 1/14/03 Received for file the Minutes of the Library Advisory Board meeting held 1/28/03 REPORTS OF SPECIAL COMMITTEES Councilman O'Meilia handed out a report on legislation regarding annexation issues for the Council's review. If passed and endorsed by the League of Cities, it will affect the Village. VILLAGE MANAGER'S REPORT Doug Smith gave a status report on various departmental projects, including the dredging project, Conroy Drive water main project, Osborne Park building project and Village Hall renovation project. Mr. Smith announced the ribbon cutting ceremony for Tuesday, February 18th at 11:30 a.m. An Open House for the Village Hall will be planned in the near future. Moving date is February 24th, during which Administration will be closed to business. The Council, by consensus, agreed to name March 1st as "Heart Day" in the Village, as requested by the Heart Association. The Action Log was reviewed and updated. ORD. 03-03 ENACTED - APPROVING A COMMERCIAL P.U.D. Councilman O'Meilia moved that Bill 1091 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A COMMERCIAL PLANNED UNIT DEVELOPMENT UPON THOSE CERTAIN LANDS LOCATED AT THE CORNER OF NORTHLAKE BOULEVARD AND U.S. HIGHWAY 1 (FORMERLY KNOWN AS THE TWIN CITY MALL) LOCATED IN C-3 REGIONAL BUSINESS DISTRICT AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS ATTACHED HERETO AS EXHIBITS, WHICH PLANS ARE EXPRESSLY MADE A PART HEREOF; ESTABLISHING PROJECT SPECIFIC DEVELOPMENT STANDARDS; 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 second reading and read by title alone. Vice Mayor Noel seconded the motion, and all present voted aye. 2 Minutes of Regular Session Held Thursday, February 13, 2003 • Councilman O'Meilia moved that Bill 1091 be enacted as Ordinance 03-2003. Vice Mayor Noel seconded the motion, and all present voted aye. BILL 1093 -AMENDING BUDGET FOR EMS GRANT -PLACED ON FIRST READING Vice Mayor Noel moved that Bill 1093 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $35,189.00 FOR VARIOUS EMS EQUIPMENT AND TRAINING FUNDED BY PALM BEACH COUNTY, DIVISION OF EMERGENCY MANAGEMENT Be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. BILL 1094 =CREATING OVERLAY ZONING DISTRICT FOR NORTHLAKE BLVD. (NBOZI -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1094 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADDING A SECTION 45-35.3, NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT (NBOZ) TO ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C, ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING THAT THE BOUNDARIES OF THE DISTRICT SUBJECT TO THE NBOZ SHALL CONSIST OF THAT PORTION OF THE VILLAGE INDICATED ON THE OFFICIAL ZONING MAP; DECLARING THE NBOZ IS CONSISTENT WITH THE VILLAGE COMPREHENSIVE PLAN; PROVIDING GENERAL PROVISIONS; SETTING FORTH ZONING REGULATIONS; PROVIDING FOR ARCHITECTURAL AND LANDSCAPE ELEMENTS; PROVIDING FOR SIGNAGE AND OUTDOOR DISPLAYS; SETTING FORTH SITE PLAN ELEMENTS; AND FOR OTHER PURPOSES; 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. Councilman Norris seconded the motion, and all present voted aye. BILL 1095 -ADDING NBOZ (NORTHLAKE BOULEVARD OVERLAY ZONING • DISTRICTI TO SECTION 45-16 OF VILLAGE CODE Councilman O'Meilia moved that Bill 1095 entitled: 3 Minutes of Regular Session Held Thursday, February 13, 2003 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-16, DIVISION OF VILLAGE INTO DISTRICTS; DISTRICTS ENUMERATED, OF ARTICLE II OF APPENDIX C- ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A NEW DISTRICT KNOWN AS THE NORTHLAKE BOULEVARD OVERLAY ZONING DISTRICT (NBOZ); 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. Councilman Norris seconded the motion, and all present voted aye. Staff was directed to check Page 2046 of the Code of Ordinances, Section III, which is the Appearance Code. One zoning district should be deleted, and four should be added. RESOLUTION 10-2003 ADOPTED - AUTHORIZING MAINTENANCE AGREEMENT WITH FLORIDA D.O.T. Councilman O'Meilia moved that Resolution 10-2003 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 AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, ATTACHED AS EXHIBIT "A," WHICH AGREEMENT PROVIDES THAT THE VILLAGE SHALL MAINTAIN THE LANDSCAPING WITHIN THE MEDIANS AND AREAS OUTSIDE THE NORTHERN PERIMETER OF THE TRAVEL WAY TO THE RIGHT-OF-WAY LINE, INCLUDING SIDEWALK AND MEDIAN CONCRETE, FOR STATE ROAD 850 (NORTHLAKE BOULEVARD) FROM STATE ROAD 811 TO U.S. HIGHWAY NO. 1, PALM BEACH COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Tringali seconded the motion. During discussion, the Counci] agreed by consensus to add Exhibit "C", a cost estimate for the project, as prepared by Michael Redd. A Paragraph 16 shall be added to say "Attached hereto is Exhibit "C", the cost estimate for maintenance expense." Additionally, on Page 1 of the Draft Agreement, Section 1., the first sentence was changed to read: "The AGENCY "shall have the right". On Page 3, the period of days in Section 3. and Section 6.(a) will be changed from 30 days to 60 days, and 10 days to 60 days, respectively. • Thereafter, the motion passed 5-0. 4 Minutes of Regular Session Held Thursday, February 13, 2003 • RESOLUTION 11-2003 ADOPTED -PALM LANE ESTATES PRELIMINARY PLAT Councilman Norris moved that Resolution 11-2003 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PRELIMINARY PLAT OF PALM LANE ESTATES, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman O'Meilia seconded the motion, and all present voted aye FPPTA CONFERENCE -FINANCIAL DOCUMENTATION The Village Council continued its discussion regarding Financial documentation submitted for the Florida Public Pension Trustees Association Conference attended by staff in January of 2002. Acting Village Manager Doug Smith and Finance Director Shaukat Khan will provide a written report at the next Regular Session on February 27, 2003, with answers to all questions posed by Councilman O'Meilia in his memo to be done in writing. BUDGET TRANSFER -CHANGE ORDER #5 -VILLAGE HALL President Pro Tem Tringali moved to approve a budget transfer in the amount of $50,000; $13,000 from K5541-49911 (Council Contingency) and $37,000 from K5500-66430 (Village Hall Furniture & Fixtures) to K5500-66200 (Village Hall Buildings). Vice Mayor Noel seconded the motion, and all present voted aye. CHANGE ORDER #5 - CATALFUMO CONSTRUCTION - VILLAGE HALL RENOVATION President Pro Tem Tringali moved to approve Change Order #5 to Catalfumo Construction for $43,309.34 to include handicap parking, removal of antenna, and lift station work. Vice Mayor Noel seconded the motion. During discussion, staff was asked to submit a complete financial status report of the project. Thereafter, the motion passed 5-0. POOL FILTRATION LINE REPAIRS -BIDS REJECTED Councilman Norris moved to reject all bids for the pool filtration line repairs and to rebid. • President Pro Tem Tringali seconded the motion. 5 Minutes of Regular Session Held Thursday, February 13, 2003 • During the discussion, staff was directed to encourage local contractors as well as local plumbers to put in bids. It was further directed that the requirement in the bid specifications regarding being in business for ten years under the same Corporate name be deleted. Thereafter, the motion passed 5-0. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:22 p.m. ~~ a hleen F. Kelly, CMC \J