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Home My WebLink About09-12-2002 VC REG-M• • ('resent: ROLL, CALL MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 12, 2002 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 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 The 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. CONSENT AGENDA APPROVED Item 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 Held 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 a self -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" f. 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 maximum 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 (CPUD) permitted by Section 45-35.1 of the Village of North Palm Beach Zoning Code located at 401 Northlake 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 REPORTS 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.m. on that day to discuss annexation 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. EX PARTE 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 — ENACTED 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 CHANGE CABLE TELEVISION RATES OR CHARGES; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 3 • • 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. BILL 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 C'LUI3 REVENUE FUND; AND REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE Be placed on first reading and read by title alone. President Pro Tem 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. The 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. BILL 1075 — AMENDING VARIOUS SUBSECTIONS OF SECTION 45-33, C-1 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 NEIGHBORHOOD COMMERCIAL DISTRICT, OF ARTICLE 111, 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 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 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. During 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 stated that they are working with Southern Bell and Florida Power and Light Co., and they are amenable to relocating the utilities. Mr. 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 Tem Tringali, Vice Mayor Noel and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman Norris voting nay. 13111 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 I3EACII, FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT (C'PUD) FOR A MIXED USE REDEVELOPMENT PROJECT UPON THOSE CERTAIN LANDS CONSISTING OF 3.10 ACRES, MORE OR LESS, LOCATED AT 401 NORTHLAKE BOULEVARD WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF; SAID LANDS TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS ENTITLED "NORTHLAKE BOULEVARD MIXED USE REDEVELOPMENT PROJECT" 5 • • Minutes of Regular Session Held September 12, 2002 ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF; PROVIDING FOR 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 TFIE PUBLIC RECORDS; SETTING FORTH REQUIREMENTS TO BE MET BY TIIE PETITIONER 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 PLANNING COMMISSION; PROVIDING PROCEDURE FOR MODIFICATIONS TO TIIE CPUD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Ile placed on first reading and read by title alone. Vice Mayor Noel seconded the motion. During discussion, the Council agreed by consensus to provide in Section 6 on Page 2 that the CPUD 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 FIRST READING Councilman O'Meilia moved that Bill 1077 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING 171E NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2001- 2002 TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,500 FOR PURCHASE OF PLATEMAKER 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. Vice Mayor Noel moved that Resolution 48-2002 entitled: 6 • • Minutes of Regular Session I leld September 12, 2002 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 TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB WITH J.E.D.L., INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT A; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Norris seconded the motion. During 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 term 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. BUDGET TRANSFER 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. CI IANGE 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 Held September 12, 2002 CAPITAL EOUIPMENT FINANCING PROPOSAL FOR NPBCC EOUIPMENT REJECTED Councilman 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. BUDGET 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 motion, and all present voted aye. Direction 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 With no further business to come before the Council, the meeting adjourned at 10:00 p.m. K tthlecn F. Kelly, CMC, Village Clic 8