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Home My WebLink About02-28-2002 VC REG-M• • Present: ROLL CALL MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, FEBRUARY 28, 2002 David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor President Pro Tem Don Noel 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 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. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Tringali gave the invocation, and Mayor Norris led the public in the Pledge of Allegiance to the Flag. The following Minutes were approved as written: Minutes of Regular Session held 2/14/02 Minutes of Public Hearing held 2/14/02 (Bill 1051) Minutes of Public Hearing held 2/14/02 (Bill 1052) CONSENT AGENDA APPROVED Items 7.a., 7.k, and 7 g. were removed from the Consent agenda, and became 8.a, 13.b. and 14.a. respectively on the Regular agenda. Thereafter, Vice Mayor Eissey moved to approve the Consent agenda, as amended. Councilman O'Meilia seconded the motion, and all present voted aye. The following items were approved: Accepted for file the Minutes of the Recreation Advisory Board meeting held 2/12/02 • • Minutes of Regular Session Ileld February 28,2002 Accepted for file the Minutes of the Country Club Advisory Board meeting held 1/7/02 Accepted for file the Minutes of the Country Club Advisory Board meeting held 2/4/02 Accepted for file the recommendation of the Country Club Advisory Board (Minutes of 2/4/02) to "award a full family membership to Mr. David Talley" (See item 4.e on Workshop agenda) Adopted Resolution 09-2002 authorizing the Mayor and Village Clerk to enter into an equipment lease/purchase agreement with CitiCapital Commercial Corporation for golf carts at the North Palm Beach Country Club Approved Village Engineer's amended fee estimate for an additional $10,400 to complete administration duties for Phase 1 of the dredging project; funds to be expended from capital project account K5200-49930 Accepted the Comprehensive Annual Financial Report for the Year Ended September 30, 2001, as prepared by Haas, Diaz & Co. Approved Change Order #2 with Subaqueous Services, Inc., a credit of $13,613.63 for reduced volume of material to be dredged due to presence of seagrasses PETITIONS AND COMMUNICATIONS Discussion took place concerning the Library Advisory Board meeting of 1/22/02 and the attachments that were not included. Village Clerk Kathleen Kelly reported that she received the attachments after the agenda packets were delivered. The Council directed that the reports be placed in their mailbins. Further discussion took place regarding repeated Board absences. Staff was directed to check on what the revised policy dictates. Further, Village Attorney George Baldwin recommended that absences not be excused for a prolonged period, but should be addressed on a meeting by meeting basis. Thereafter, Councilman O'Meilia moved to accept for file the Minutes of the Library Advisory Board meeting held 1/22/02. President Pro Tem Noel seconded the motion, and all present voted aye. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reported that he would be bringing a evaluation procedure for the Golf Professional and the Pool Manager to the Council in the near future for approval. All members of Council, as well as any other interested parties, were asked to call Tallahassee legislators regarding the funding which was promised for the new voting equipment. Council directed the Village Manager to contact Haas, Diaz & Co. for the purpose of arranging a presentation of the Annual Report to the Country Club Advisory Board. 2 • Minutes of Regular Session Held February 28, 2002 Councilman O'Meilia reported that a representative of the MPO (Metropolitan Planning Organization) gave a presentation at the Palm Beach County League of Cities meeting, during which he said that the MPO has $2.5 million available in grant monies for projects such as the Prosperity Farms Road Landscaping Project or the Northlake Boulevard Task Force project„ and that applications are due in early May. Mr. Hogarth reported that the power source is not ready for the lighting for the batting cages at the Community Center, and estimated that it would be ready in approximately 4 weeks. 13ILL 1053 — BUDGET AMENDMENT TO FUND U. S. 1 SIDEWALK — ENACTED AS ORD. 04-2002 Councilman Tringali moved that Bill 1053 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING TIIE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2001- 2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $ 15,000.00 FOR DESIGN, PERMITTING AND CONSTRUCTION OF U.S. #1 SIDEWALK FROM McLAREN ROAD TO CAROLINDA ROAD Be placed on second reading and read by title alone. President Pro Tem Noel seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1053 be enacted as Ordinance 04-2202. Vice Mayor Eissey seconded the motion, and all present voted aye. 13111 1054 — BUILDING CODE AMENDMENTS —ENACTED AS ORD. 05-2002 Councilman O'Meilia moved that Bill 1054 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 6-16, AUTHORITY, AND SECTION 6-17, CODES ADOPTED, OF ARTICLE II, MINIMUM CONSTRUCTION STANDARDS, OF CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 6- 2, ACCESSIBILITY TO BUILDINGS BY HANDICAPPED PERSONS; STATE LAW ADOPTED OF ARTICLE I OF CHAPTER 6 OF THE OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 6-3, FIRE DISTRICT, OF ARTICLE I OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 11-11, CODES ADOPTED, AND SECTION 11-12, AMENDMENTS, CORRECTIONS, ADDITIONS, OF ARTICLE II, ELECTRICAL CODE, OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 12-16, ADOPTED BY REFERENCE, AND SECTION 12-17, AMENDMENTS, OF ARTICLE II, FIRE PREVENTION CODE, OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE VILLAGE OF NORTH PALM BEACH; REPEALING SECTION 25-1 THROUGH SECTION 3 • • Minutes of Regular Session Held February 28, 2002 25-11, INCLUSIVE, AND SECTION 25-23 THROUGH SECTION 25-38, INCLUSIVE, OF CHAPTER 25, SWIMMING POOLS, 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 second reading and read by title alone. President Pro Tem Noel seconded the motion. During discussion, Councilman O'Meilia moved to amend by adding to the Section 2.02 Definitions in the Technical Section the definition "minimum floor slab elevation shall be not less than 8.5 feet above mean sea level or less than 18 inches above the crown of the road." Councilman Tringali seconded the motion, and all present voted aye. Public Services Director Tom Hogarth made a statement for the record that the adoption of these amendments will be in the public interest by strengthening the Florida Building Code, which includes the Building, Electric, Plumbing, Mechanical and other typical codes for the health, safety and welfare of the citizens of the Village. Thereafter, the original motion, as amended, passed 5-0. Councilman O'Meilia moved that Bill 1054 be enacted as Ordinance 05-2002. President Pro Tern Noel seconded the motion, and all present voted aye. BILL 1055 — COMMITTEES AND BOARDS — PLACED ON FIRST READING President Pro Tem Noel moved that Bill 1055 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-1, COMMITTEE AND BOARDS, OF ARTICLE I OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE, BY ADDING A SUBSECTION (d) THERETO TO PROVIDE THAT ALL COMMITTEES AND BOARDS OF THE VILLAGE SHALL HOLD ALL MEETINGS AT VILLAGE HALL; AMENDING SECTION 2-154, OATHS OF OFFICE; MEETINGS; QUORUM OF DIVISION 3, PENSION AND CERTAIN OTHER BENEFITS FOR GENERAL, EMPLOYEES, OF ARTICLE V, PENSION AND RETIREMENT SYSTEMS, OF CHAPTER 2, TO PROVIDE THAT ALL BOARD MEETINGS SHALL BE HELD AT VILLAGE HALL; AMENDING SUBSECTION (d), BOARD MEETINGS, OF SECTION 2-164, BOARD OF TRUSTEES -- GENERALLY, OF DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V, PENSION AND RETIREMENT SYSTEMS, OF CHAPTER 2, TO PROVIDE THAT ALL BOARD MEETINGS SHALL BE HELD AT VILLAGE HALL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE • Minutes of Regular Session Held February 28, 2002 Be placed on first reading and read by title alone. Councilman Tringali seconded the motion. The motion passed 3-2, with President Pro Tem Noel, Councilman Tringali and Councilman O'Meilia voting aye, and Vice Mayor Eissey and Mayor Norris voting nay. RESOLUTION FOR EOUIPMENT LEASE/PURCHASE AGREEMENT — TABLED TO 3/14/02 Vice Mayor Eissey moved that a resolution authorizing the Mayor and Village Clerk to enter into an equipment lease/purchase agreement with First Union Bank be taken from the table. Councilman O'Meilia seconded the motion, and all present voted aye. ]'resident Pro Tem Noel moved that the 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. Vice Mayor Eissey seconded the motion. During discussion, it was noted that a revision of the financing schedule will be discussed at the Workshop Session. Councilman O'Meilia moved to table the item to the next Regular Session. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 10-2002 ADOPTED - APPROVING AGREEMENT WITH SOUTHTRUST I3ANK FOR NIGHT DEPOSITORY President Pro Tem Noel moved that Resolution 10-2002 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 NIGHT DEPOSITORY AGREEMENT WITH SOUTFTRUST BANK ATTACHED AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES THE VILLAGE OF NORTH PALM BEACH TO UTILIZE SOUTHTRUST BANK'S NIGHT DEPOSITORY BOX; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion. 5 • • Minutes of Regular Session I leld February 28, 2002 During discussion, President Pro Tem Noel moved to amend by requiring that the agreement must include the changes requested in Village Attorney George Baldwin's letter of January 24, 2002. Vice Mayor Eissey seconded the motion, and all present voted aye. Thereafter, the original motion passed 5-0. WORK ORDER #6 APPROVED — ENGINEERING FEES FOR PLAT 4 DRAINAGE PROJECT Councilman O'Meilia moved to approve the Village Engineer's Work Order #6 in the amount of $8,115 for engineering fees for Plat 4 Drainage Project (Tasks 1 and 2 only); funds to be expended from A7321-66210. 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 8:58 p.m. 022ri K thleen F. Kelly, CMC, Village Clerk 7 6