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01-14-1999 VC REG-ML. J \J MINUTES OF REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 14, 1999 Present: ROLL CALL David B. Norris, Mayor Charles O'Meilia, Vice Mayor Dr. Edward M. Eissey, President Pro Tem Gail H. Vastola, Councilman Joseph A. Tringali, Councilman Dennis W. Kelly, Village Manager George W. Baldwin, Village Attorney Melissa Teal, Deputy Village Clerk Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present. All members of staff were present, except Village Clerk Kathleen Kelly, who was absent due to illness. INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Tringali gave the invocation, and Mayor Norris 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 12/10/98 The following minutes were approved as amended: Minutes of Special Session held 12/15/98 r1 ~J REPORT OF THE MAYOR Mayor Norris gave an update on the recent Northlake Boulevard Task Force meeting, during which the task force approved conceptual plans for Phase I and Phase II landscaping on Northlake Boulevard. Mayor Norris stated that Phase I includes median and right-of-way landscaping, and Phase II is a long range plan to be implemented as properties are redeveloped. The Northlake Boulevard Task Force intends to have the landscaping plans on view for the public at their next meeting. Councilman Tringali reported on the recent NAMAC meeting, in which further discussion was held concerning integrating the north county police and fire radio systems into a centralized dispatch system. Minutes of Regular Session held Thursday, January 14, 1999 • STATEMENTS FROM THE PUBLIC Mort Levin reported to the Council on the meeting of the Beaches & Shores Council. CONSENT AGENDA APPROVED Village Manager Dennis Kelly requested that Item I. be dropped from the Consent Agenda. President Pro Tem Eissey moved to approve the Consent Agenda. The motion was seconded by Vice Mayor O'Meilia and all present voted aye. The following items were approved: Receive Minutes of Country Club Administrative Board Meeting held 11/16/98 Receive Minutes of Library Advisory Board Meeting held 11/24/98 Receive Minutes of Planning Commission Meeting held 1211/98 Receive Minutes of Code Enforcement Board Meeting held 12/7/98 Receive Minutes of Country Club Administrative Board Meeting held 12/7/98 Receive Minutes of Recreation Advisory Board Meeting held 12/8/98 Receive for file the recommendation ofi the Country Club Administrative Board "that Mrs. Mabie be allowed to hold the profitable evening events stated in her memo dated 11/23/98 to take place in January and February of 1999" Receive for file the recommendation of the Country Club Administrative Board "to transfer $5,000 from the Country Club Contingency in order to sod ($4,500) and plant ($500) the areas around the tennis courts and north and south of the tennis shop" (Workshop Item 4.g) Receive for file the recommendation of the Country Club Administrative Board "to approve the budget transfer of $800 from account number L8045-35223 (Fertilizers) to L8045-66490 (Machinery & Equipment) account in order to cover remaining equipment purchases" Adopt resolution authorizing and directing Mayor and Village Clerk to enter into a lease extension agreement with the Diocese ofi Palm Beach for use of athletic fields at St. Clare Church r1 Adopt resolution directing Village Clerk to publish notice of the General Election to be held on March 9, 1999 2 Minutes of Regular Session held Thursday, January 14, 1999 • Lift hiring freeze for sanitation driver position in the Dept. of Public Services Qob code #7020-0106); per needs assessment and position audit Approve Theresa LePore, Supervisor of Elections, or her designee, as a Canvassing Board member for the Village Election on March 9, 1999, and as the Village's representative for the Logic and Accuracy testing of the tabulating equipment on Friday, March 5, 1999 at 10:00 a.m. at the Palm Beach County Governmental Center for the Village Election of March 9, 1999 and the runoff election, should there be one VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly announced the Grand opening, ribbon cutting, and dedication of the new Public Safety Facility on 2/27/99 from 1:00 p.m. to 3:00 p.m. Mr. Kelly reported that staff would like to form a committee consisting of the Village Manager, the Public Services Director, and a Councilman to review the proposals for the remodeling of Village Hall. Vice Mayor O'Meilia agreed to be the Council's representative on this committee. Mr. Kelly introduced the new Information Systems Specialist, Greg Moore. Vice Mayor O'Meilia requested a status report on the Public Safety Organization Analysis study. Mr. Kelly will report back on this item. Vice Mayor O'Meilia asked if the Council will be given a revised budget for operation of the bar and dining room at the Country Club. This item will be placed on a future agenda for Council approval. Public Services Director Tom Hogarth gave a status report on various projects including: the air conditioning and heating system at the Country Club, construction drawings for the renovation of the Country Club, and pending construction of Publix, Walgreens, and Winn-Dixie stores in the Village. EX PARTE COMMUNICATIONS Vice Mayor O'Meilia reported a conversation with Lois Jeffcot in March 1998, regarding the proposed change to the Village's comprehensive plan, as well as a phone call from her in June 1998 on this issue. BILL 920 -COMPREHENSIVE PLAN AMENDMENT 98-1 -PLACED ON SECOND READING AND ENACTED AS ORDINANCE 01-99 3 Minutes of Regular Session held Thursday, January 14, 1999 • President Pro Tem Eissey moved that Bill 920 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AMENDMENT 98-1 TO THE COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA, IN ACCORDANCE- WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161 ET. SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A"; 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. Councilman Tringali seconded the motion, which passed 4 - 1, with Mayor Norris, President Pro Tem Eissey, Councilman Tringali and Councilman Vastola voting aye, and Vice Mayor O'Meilia voting nay. President Pro Tem Eissey moved to enact Bill 920 as Ordinance 01-99. Councilman Tringali seconded the motion, which passed 4 - 1, with Mayor Norris, President Pro Tem Eissey, Councilman Tringali and Councilman Vastola voting aye, and Vice Mayor O'Meilia voting nay. BILL 938 -AMENDING BUDGET -FUND TRANSFER AND 911 REIMBURSEMENT REVENUES Vic® Mayor O'Meilia moved that Bill 938 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH CAPITAL PROJECT FUND BUDGET FOR THE FISCAL YEAR 1998-99 TO TRANSFER THE FUNDS FROM COMPLETED PROJECTS TO THE PUBLIC SAFETY CONSTRUCTION RESERVE ACCOUNT AND BUDGET THE 911 REIMBURSEMENT REVENUES TO BE RECEIVED FROM PALM BEACH COUNTY be placed on second reading and read by title alone. Councilman Vastola seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved to enact Bill 938 as Ordinance 02-99. The motion was seconded by Councilman Vastola and passed unanimously. BILL 939 - AMENDING BUDGET FOR COUNCIL CONTINGENCY REPLENISHMENT - PLACED ON SECOND READING 4 Minutes of Regular Session held Thursday, January 14, 1999 • Vice Mayor O'Meilia moved that Bill 939 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1998-99 TO REPLENISH COUNCIL CONTINGENCY IN THE AMOUNT OF $75,000 FOR THE FUNDS APPROPRIATED FOR THE UPGRADING OF THE PUBLIC SAFETY FACILITY RADIO SYSTEM be placed on second reading and read by title alone. Councilman Vastola seconded the motion, and all present voted aye. Vice Mayor O'Meilia moved that Bill 939 be enacted as Ordinance 03-99. Councilman Vastola seconded the motion which passed unanimously. BILL 940 -AMENDING CODE -COUNTRY CLUB ADMINISTRATIVE. BOARD -PLACED ON FIRST READING President Pro Tem Eissey moved that Bill 940 entitled: _ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE II, COUNTRY CLUB ADMINISTRATIVE BOARD, OF CHAPTER 9, COUNTRY CLUB, OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING THE TITLE AND SECTION 9-16 BY CHANGING THE NAME OF THE COUNTRY CLUB ADMINISTRATIVE BOARD TO COUNTRY CLUB ADVISORY BOARD; AMENDING SECTION 9-18 (REMOVAL) TO PROVIDE FOR REMOVAL OF A MEMBER UPON FAILURE TO ATTEND TWO SUCCESSIVE REGULAR MEETINGS; AMENDING SECTION 9-20 (MEETINGS) TO PROVIDE THAT THE BOARD SHALL MEET AT LEAST ONE TIME PER MONTH; AMENDING SECTION 9-21 (a) TO PROVIDE THAT THE BOARD SHALL RECOMMEND POLICIES TO THE VILLAGE COUNCIL AND THAT THE DUTIES OF THE BOARD ARE TO BE SET FORTH BY RESOLUTION; PROVIDING THAT THE COUNTRY CLUB ADMINISTRATOR SHALL HAVE DAILY MANAGEMENT AND ADMINISTRATION OF THE COUNTRY CLUB AND REPORT TO THE VILLAGE MANAGER; AMENDING SECTION 9-21(b) TO PROVIDE THAT THE- COUNTRY CLUB ADMINISTRATOR SHALL SERVE AS THE VILLAGE MANAGER'S REPRESENTATIVE TO THE BOARD; AMENDING SECTION 9-21(d) TO PROVIDE THAT THE COUNTRY CLUB BUDGET SHALL 8E PREPARED AND PROCESSED AS OTHER DEPARTMENTAL BUDGETS; REPEALING SECTION 9-21(e), PURCHASE ORDERS, AND SECTION 9-21(f), • EVALUATION OF CLUB ADMINISTRATOR; REPEALING SECTION 9-22, VILLAGE MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR 5 Minutes ofi Regular Session held Thursday, January 14, 1999 • 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, which passed 3 - 2, with Mayor Norris, President Pro Tem Eissey and Councilman Tringali voting aye, and Vice Mayor O'Meilia and Councilman Vastola voting nay. BILL 941 -AMENDING CODE -COUNTRY CLUB ADMINISTRATOR RESPONSIBLE TO VILLAGE MANAGER -PLACED ON FIRST READING President Pro Tem Eissey moved that Bill 941 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUB-SECTION (b) (1) OF SECTION 2-43, POLICY AND PROCEDURES, OF ARTICLE III, ADMINISTRATIVE CODE, OF CHAPTER TWO OF THE CODE OF ORDINANCES OF THE VILLAGE RELATING TO RESPONSIBILITY OF DEPARTMENT HEADS; 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, which passed 4 - 1, with Mayor Norris, President Pro Tem Eissey, Councilman Tringali and Councilman Vastola voting aye, and Vice Mayor O'Meilia voting nay. BILL 942 -AMENDING CODE TO PROVIDE FOR OUTDOOR SEATING -PLACED ON FIRST READING Councilman Vastola moved that Bill 942 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 45-36, GENERAL PROVISIONS, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A SUB-SECTION O THERETO PROVIDING FOR AND REGULATING OUTDOOR SEATING FOR FOOD SERVICE 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. During discussion the motion was amended to state that subsection (g) be deleted, and subsection (k) be changed to read "Any permanent or temporary structures associated with 6 Minutes of Regular Session held Thursday, January 14, 1999 • outdoor seating including but not limited to awnings and covered roofs shall not encroach into the required building setback areas. Tables, chairs, umbrellas, fencing, screening and dividing materials shall not be located closer to the property line than two-thirds of the required front, side or rear building setback." Thereafter, the motion as amended passed unanimously. BILL 943 -ADOPTING STANDARD BUILDING. GAS, MECHANICAL, AND PLUMBING CODE -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 943 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 6-17, CODES ADOPTED, OF ARTICLE II, MINIMUM CONSTRUCTION STANDARDS, OF CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, ADOPTING AND AMENDING THE STANDARD BUILDING CODE, THE STANDARD GAS CODE, THE STANDARD MECHANICAL CODE, AND THE STANDARD PLUMBING CODE ADDITIONS; 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 Eissey seconded the motion, and all present voted aye. BILL 944 -AMENDING CODE TO DESIGNATE PORTION OF LIGHTHOUSE DRIVE AS NO PARKING AREA -PLACED ON FIRST READING President Pro Tem Eissey moved that Bill 944 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 18-34.1, VEHICLE, TRAILER AND BOAT PARKING RESTRICTIONS, OF ARTICLE III, STOPPING, STANDING AND PARKING, OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE VILLAGE BY PROHIBITING PARKING OF VEHICLES, TRAILERS AND BOATS ON THE NORTH SIDE OF LIGHTHOUSE DRIVE BETWEEN THE LIGHTHOUSE BRIDGE AND LAGOON DRIVE WITHIN THE VILLAGE; 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, and all present voted aye. 7 Minutes of Regular Session held Thursday, January 14, 1999 • COMMISSION. President Pro Tem Eissey moved that this item be sent back to the Planning Commission for further study. Councilman Vastola seconded the motion, and all present voted aye. RESOLUTION -ESTABLISHING AND SETTING FORTH THE DUTIES OFTHE COUNTRY CLUB ADVISORY BOARD -TABLED TO JANUARY 28, 1999. A second version of the proposed resolution setting forth the duties of the Country Club Advisory Board, and the rights and duties of the Village Council and Village Manager was prepared and submitted to the Council prior to the meeting. President Pro Tem Eissey moved to approve the newly revised version of the resolution. Councilman Tringali seconded the motion. President Pro Tem Eissey and Councilman Tringali agreed to amend their motion by revising Section 1. (7) to state "recommendations to Village Manager on administration and operation." Thereafter, the motion as amended passed 3 - 2, with Mayor Norris, President Pro Tem Eissey -and Councilman Tringali voting aye, and Vice Mayor O'Meilia and Councilman Vastola voting nay. • Village Attorney George Baldwin advised that this should be tabled until such time as the companion ordinance referred to in the resolution has been enacted. President Pro Tem Eissey moved to table the resolution to the next meeting. Councilman Tringali seconded the motion, and all present voted aye. RESOLUTION 03-99 ADOPTED -SPECIFYING THE VILLAGE'S INTENT TO INCLUDE CERTAIN ITEMS IN ITS EVALUATION AND APPRAISAL REPORT BASED COMPREHENSIVE PLAN AMENDMENTS. Vice Mayor O'Meilia moved that Resolution 03-99 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SPECIFYING ITS INTENT TO INCLUDE CERTAIN ITEMS IN ITS EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN AMENDMENTS TO ADDRESS THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS RAISED IN ITS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC REPORT) DATED OCTOBER 14, 1998; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Vastola seconded the motion, and all present voted aye. • POSITION OF TEMPORARY PART-TIME ELECTRICAL INSPECTOR APPROVED. 8 Minutes of Regular Session held Thursday, January 14, 1999 • Councilman Vastola moved to approve the position of temporary part-time electrical inspector in the Department of Public Services. Vice Mayor O'Meilia seconded the motion, which passed unanimously. T Vice Mayor O'Meilia moved to approve construction and service agreements between the Village of North Palm Beach and Florida Public Utilities Company for natural and propane gas service at the Public Safety Facility. President Pro Tem Eissey seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:35 p.m. _L~~~y/1/~ ./~ • Melissa Teal, Deputy Village Clerk L J 9