The URL can be used to link to this page

Home My WebLink About01-24-2002 VC REG-M• • Present: ROLL CALL MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 24, 2002 David B. Norris, Mayor Dr. Edward M. Eissey, Vice Mayor Don Noel, President Pro Tem 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 Mayor Norris gave the invocation, and Councilman Tringali led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Correction was made to the Minutes of Regular Session held 1/10/02, as follows: Page 1, last sentence — "composition from eight to seven" should be "composition from seven to eight". Thereafter, the Minutes were approved as corrected. STATEMENTS FROM THE PUBLIC Ed Moore, 2621 Conroy Drive, presented a petition from residents of Conroy Drive who are requesting that the Village put a barricade at the west end of Conroy Drive between the commercial properties that face Alt. A1A and the residential properties on Conroy Drive. Mr. Moore stated that 2/3 of the property owners were in agreement, and would probably want to put a berm at the line of demarcation. This item will be placed on an upcoming Workshop agenda. CONSENT AGENDA APPROVED Items 7.h., 7.j. and 7.1. were removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, Vice Mayor Eissey moved to approve the Consent Agenda as amended. President Pro Tem Noel seconded the motion, and all present voted aye. The following items were approved: • • Minutes of Regular Session Held January 24, 2002 Accepted for file the Minutes of the Code Enforcement Board meeting held 1/7/02 Accepted for file the Minutes of the Recreation Advisory Board meeting held 1/8/02 Accepted for file the Minutes of the Planning Commission Public Hearing held 12/4/01 Accepted for file the Minutes of the Planning Commission Regular Meeting held 12/4/01 Accepted for file the recommendation of the Recreation Advisory Board (Minutes of 1/8/02) that "Council institute the National Alliance for Youth Sports' program of Volunteer screening and background checks into all Village children -related programs and activities" Accepted for file the recommendations of the Planning Commission (Minutes of 12/4/01) to approve Comp Plan amendments 02-1.1 (Future Annexation areas), 02-1.2 (Future Land Use), and 02-1.3 (Prosperity Farms Rd. CRALLS facility) Accepted for file the recommendation of the Planning Commission (Minutes of 12/4/01) that Council approve an application for conditional approval of a residential PUD located at 2389 & 2421 Monet Road Adopted Resolution 03-2002, accepting the Bid of Williams Scotsman, Inc., West Palm Beach, Florida for 3 temporary office trailers to house Village personnel; funds to be expended from K5500-66200 (Village Hall Renovation -Capital) Approved a budget transfer in the amount of $35,666 from A6018-11210 (Regular Pay) to A6018-11300 (Part Time Pay) to add one Part Time Building Inspector 1 position and one Part Time Code Inspector position (deleting one Full Time Building Inspector I position (job code #6018-0108) REPORTS OF SPECIAL COMMITTEES Councilman O'Meilia reported that the Palm Beach County League of Cities held a Joint Meeting with the Palm Beach County Commissioners on January 15th, wherein various items were discussed, including annexation procedures, local option sales tax, transportation funding, and the utility tax. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reviewed calendar events for the month of February. The Action Log was reviewed and updated. 1311,1. 1050 - BUDGET AMENDMENT FOR COUNTRY CLUB DIRECTOR — ENACTED AS ORD. 01-2002 President Pro Tem Noel moved that Bill 1050 entitled: 2 • • Minutes of Regular Session Held January 24, 2002 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FUND BUDGET FOR THE FISCAL YEAR 2001-2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $8,900.00 FOR COUNTRY CLUB DIRECTOR'S POSITION Be placed on second reading and read by title alone. Councilman Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved enact Bill 1050 as Ordinance 01-2002. President Pro Tem Noel seconded the motion, and all present voted aye. BILL 1051 — ADULT ENTERTAINMENT ESTABLISHMENTS — PROHIBITED LOCATIONS President Pro Tem Noel moved that Bill 1051 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION (4), PROHIBITED LOCATIONS, OF SECTION 45-20, ADULT ENTERTAINMENT ESTABLISHMENT, OF ARTICLE 11 OF APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE THAT RESTAURANTS OPERATING UNDER FLORIDA 4-COP-SRX LICENSES ARE NOT SUBJECT TO DISTANCE RESTRICTIONS FROM ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING THAT RELIGIOUS INSTITUTIONS, EDUCATIONAL INSTITUTIONS, CHILD CARE FACILITIES, FAMILY DAY CARE HOMES, COMMUNITY RESIDENTIAL HOMES, PARKS AND COMMERCIAL ESTABLISHMENTS THAT SELL OR DISPENSE ALCOHOL FOR CONSUMPTION ON PREMISES (OTHER THAN ESTABLISHMENTS OPERATING UNDER FLORIDA 4-COP-SRX LICENSES) SHALL NOT LOCATE AND OPERATE WITHIN THE DISTANCE REQUIREMENTS FROM SUCH ESTABLISHMENTS AND FACILITIES OPERATED AND LICENSED FOR ADULT ENTERTAINMENT ESTABLISHMENTS; 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 Tringali seconded the motion. The motion passed 4-1, with President Pro Tem Noel, Councilman Tringali, Vice Mayor Eissey and Mayor Norris voting aye, and Councilman O'Meilia voting nay. BILL. 1052 — SEPARATION OF CERTAIN USES FROM SALES OF ALCOHOLIC_ BEVERAGES — PLACED ON FIRST READING Councilman Tringali moved that Bill 1052 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUBSECTION N, LOCATION OF BUSINESS FOR 3 r • • Minutes of Regular Session Held January 24, 2002 RETAIL SALES OF ALCOHOLIC BEVERAGES, OF SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX C-ZONING, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO PROVIDE THAT A BONA -FIDE RESTAURANT OPERATING UNDER A FLORIDA 4-COP-SRX LICENSE IS EXEMPTED FROM THE DISTANCE RESTRICTIONS FROM RETAIL SALES OF ALCOHOLIC BEVERAGES; PROVIDING THAT CHURCHES, PUBLIC AND PRIVATE SCHOOLS, HOSPITALS, PARKS, PLAYGROUNDS, OR A PLACE OF BUSINESS OF ANOTHER LICENSED RETAIL SELLER OF ALCOHOLIC BEVERAGES CANNOT LOCATE AND OPERATE WITHIN ONE THOUSAND (1,000) FEET OF A BUSINESS LICENSED FOR RETAIL SALES OF ALCOHOLIC BEVERAGES; AMENDING SUBSECTION L OF SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III OF APPENDIX C-ZONING TO PROVIDE THAT CHURCHES, HOSPITALS, SCHOOLS AND SIMILAR INSTITUTIONS WHERE LARGE NUMBERS OF PEDESTRIANS CONGREGATE CANNOT BE LOCATED WITHIN FIVE HUNDRED (500) FEET OF GASOLINE OR OIL FILLING STATIONS OR SERVICE STATIONS; 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. President Pro Tem Noel seconded the motion. The motion passed 4-1, with Councilman Tringali, President Pro Tem Noel, Vice Mayor Eissey and Mayor Norris voting aye, and Councilman O'Meilia voting nay. RESOLUTION 04-2002 ADOPTED —APPOINTING CHARTER REVIEW COMMITTEE Councilman O'Meilia moved that Resolution 04-2002 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACI-I, FLORIDA, APPOINTING SEVEN (7) RESIDENTS OF THE CHARTER REVIEW COMMITTEE CREATED BY THE VILLAGE COUNCIL FOR THE PURPOSE OF REVIEWING THE CHARTER OF THE VILLAGE AND MAKING WRITTEN RECOMMENDATIONS FOR REVISIONS TO THE VILLAGE COUNCIL; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. RESOLUTION 05-2002 ADOPTED — SUPPORTING SENATORIAL AND REPRESENTATIVE REDISTRICTING Vice Mayor Eissey moved that Resolution 05-2002 entitled: A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REQUESTING THE ADOPTION OF AN APPORTIONMENT PLAN IN WHICH PALM BEACI-I COUNTY RESIDENTS COMPRISE A MAJORITY OF THE CONSTITUENCY IN TIIE SENATORIAL AND REPRESENTATIVE DISTRICTS CREATED; DIRECTING THIS RESOLUTION BE FORWARDED TO THE SENATE REAPPORTIONMENT COMMITTEE • • Minutes of Regular Session Held January 24, 2002 AND THE HOUSE PROCEDURAL AND REDISTRICTING COUNCIL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Be adopted. Councilman O'Meilia seconded the motion. During discussion, Councilman O'Meilia moved to amend the Resolution by adding the phrase "to represent Palm Beach County" at the end of Section 2, and adding the phrase "and maximizing the number of elected legislators residing in Palm Beach County" at the end of Section 3. Councilman Tringali seconded the motion to amend, and all present voted aye. Thereafter, the original motion, as amended, passed 5-0. RESOLUTION AUTHORIZING EOUIPMENT LEASE/PURCHASE AGREEMENT WITH FIRST UNION BANK — TABLED President Pro Tem Noel 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 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. Councilman O'Meilia seconded the motion. During discussion, it was noted that paragraph 2 (Location of Lease Equipment) would have to be revised to allow the fire truck to be moved outside the county for servicing or repair. Additionally, Village Attorney George Baldwin stated that his request to change Paragraph 6.7 (Insurance) as shown in his letter to Elizabeth Dyer on January 18., 2002 had been agreed to verbally. President Pro Tem Noel moved to table the Resolution to the Regular Session of February 14, 2002. Vice Mayor Eissey seconded the motion and all present voted aye. RESOLUTION AUTHORIZING LEASE AGREEMENT WITH RESUN LEASING. INC. — TABLED Vice Mayor Eissey 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 CLERK TO ENTER INTO A LEASE AGREEMENT WITH RESUN LEASING, INCORPORATED, A DELAWARE CORPORATION, ATTACHED AS EXHIBIT "A", WHICH LEASE AGREEMENT IS FOR THE PURPOSE OF SECURING A MODULAR Minutes of Regular Session Held January 24, 2002 UNIT (TRAILER) FOR USE AT THE PUBLIC SAFETY NORTHERN SUBSTATION; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. President Pro Tem Noel seconded the motion. Village Attorney George Baldwin told the Council that a self-insurance clause and attorneys fees should be included, and therefore recommended that the resolution be tabled. It was noted that the line item only had $100 in it, and it should be checked out. Councilman O'Meilia moved to table to February 14, 2002. President Pro Tem Noel seconded the motion, and all present voted aye. VILLAGE ENGINEER WORK ORDER #3 — U. S. 1 SIDEWALK FROM MCLAREN TO CAROLINDA - TABLED Councilman Tringali moved to approve the Village Engineer Work Order #3 for the design and permitting of U. S. 1 sidewalk from McLaren Road to Carolinda Road. Councilman O'Meilia seconded the motion. During discussion, it was noted that the project was not funded and a budget amendment would have to he brought forth before the Work Order is adopted. Councilman O'Meilia moved to table the item to February 14, 2002. 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 9:03 p.m. Ka hleen F. Kelly, CMC, Village Clerk • 6