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Home My WebLink About09-26-2002 VC REG-M• • Present: ROLL CALL MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, SEPTEMBER 26, 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 7:30 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 The meeting recessed at 7:31 for the purpose of resuming the second Public Hearing on the budget, and reconvened at 7:45 p.m. APPROVAL 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 present voted aye. CONSENT AGENDA APPROVED Mayor Eissey announced that Item 7.n. had been withdrawn from the agenda.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 Ileld 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 Received 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" Received for file the recommendation of the Country Club Advisory Board (Minutes of 9/5/02) that "an annual 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 (Part- time pay) 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 REPORTS 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 annexation 2 • Minutes of Regular Session Held 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 a long-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 10 a.m. Discussion 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 a one-on-one 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 was directed to schedule a Special Workshop within the next three weeks for this purpose. BILL 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 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 second reading and read by title alone. Vice Mayor Noel seconded the motion. The motion passed 3-2, President Pro Tem 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 Tringali seconded the motion. The motion passed 3-2, Vice Mayor Noel, President Pro Tem Tringali and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman Norris voting nay. 3 • • Minutes of Regular Session I leld September 26, 2002 BILL 1076 — CREATING A COMMERCIAL PUD ON NORTHLAKE BLVD. — ENACTED AS ORD. 27-2002 Vice Mayor Noel moved that Bill 1076 entitled: AN ORDINANCE OF THE 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 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" 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 THE PUBLIC RECORDS; SETTING FORTH REQUIREMENTS TO BE MET BY THE 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 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 Tringali seconded the motion. The motion passed 3-2, with Vice Mayor Noel, President Pro 1 cm Tringali and Mayor Eissey voting aye, and Councilman O'Meilia and Councilman Norris voting nay. BILL 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 THE 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 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 SCHEDULE — 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 PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES, OF ARTICLE II, GARBAGE, TRASH AND REFUSE, OF CHAPTER 14 OF THE CODE OF 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. RESOLUTION 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 CLERK TO ENTER INTO AN AMENDMENT TO THE STANDARD FORM OF AGREEMENT 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 THE PURPOSE 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. 5 • Minutes of Regular Session I 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 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 NORTH PALM BEACH YACHT CLUB, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT AUTHORIZES NORTH PALM BEACH YACHT CLUB, INC., TO STORE KAYAKS, OPTIMIST DINGHY SAILBOATS AND ASSORTED EQUIPMENT ON A NON-EXCLUSIVE BASIS IN THE GARAGE 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 A5105-33111 (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. J/ /��'j K2thleen F. Kelly, CMC, Village CIc 6