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01-28-1999 VC REG-MMINUTES OF REGULAR SESSION OF-THE. _ VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, JANUARY 28, 1999 Present: 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, Jr., Village Attorney Kathleen F. Kelly, Village Clerk ROLL CALL Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE • Councilman Vastola gave the invocation, and Vice Mayor O'Meilia led the public in the Pledge of Allegiance. APPROVAL OF MINUTES The following Minutes were approved as written: Minutes of Public Hearing held 1/14/99 Minutes of Regular Session held 1/14/99 REPORT OF THE MAYOR Mayor Norris recognized Finance Director Shaukat Khan far the Government Finance Officers Association Award for Excellence in Financial Reporting. Mayor Norris proclaimed January 29, 1999 "Blue Gavel Day" for the North Palm Beach Yacht Club. Commodore Jim Peterson was present to accept the Proclamation. The Village Council agreed by consensus to interview applicants for the Recreation Advisory Board at 7 p.m. on Thursday, February 11, 1999. • Vice Mayor O'Meilia reported on various issues as addressed by the Palm Beach County Minutes of Regular Session • held Thursday, January 28, 1999 League of Cities, Inc., and requested that a resolution be prepared for the next Regular Council meeting supporting Palm Beach County's Recreational and Cultural Facilities Projects $25,000,000 bond referendum on the March 9, 1999 ballot. The Village Council agreed to this request. CONSENT AGENDA APPROVED President Pro Tem Eissey moved to approve the Consent Agenda. Vice Mayor O'Meilia seconded the motion, and all present voted aye. The following items were approved: Receive Minutes of General Employees Pension Board meeting held 11/16/98 Receive Minutes of Code Enforcement Board meeting held 1/4/99 Receive Minutes of Country Club Administrative Board meeting held 1/4/99 Receive Minutes of Recreation Advisory Board meeting held 1/12/99 • Receive for file the recommendation of the Country Club Administrative Board "to keep the restaurant open even when the golf course is closed due to rain. The restaurant is to remain open rain or shine with staffing to be at the discretion of the restaurant manager" Adopt resolution authorizing and directing Mayor and Village Clerk to enter into a 1 st Amendment to the Pool Manager's Agreement for the purpose of providing for operation and maintenance of vending machines on the pool deck at the Country Club Adopt resolution authorizing and directing Mayor and Village Clerk to enter into a 1st Amendment to the Tennis Director's Agreement for the purpose of providing for operation and maintenance of vending machines at the tennis pavilion at the Country Club Approve the preliminary plat for Harbour Isles Approve the preliminary plat for Prosperity Harbor North Approve the preliminary plat for North Palm Marketplace • 2 Minutes of Regular Session • held Thursday, January 28, 1999 Lift hiring freeze for Building Inspector position in the Dept. of Public Services Qob code #6018-0108); per needs assessment and position audit VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reported that Florida Power and Light had completed the main conduit at the southern boundary of the property at the new Public Safety facility, and stated that the policy of Florida Power and Light is to receive the signed easement before power can be turned on. Mr. Kelly asked for approval so that the easement can be signed off as soon as possible. Vice Mayor O'Meilia moved to approve turning over the easement as requested, pending the Village Attorney's review of the survey and easement documents. President Pro Tem Eissey seconded the motion, and all present voted aye. Mr. Kelly reported to the Council that he had selected a person for the new position of Assistant Village Manager, and asked permission from the Council to pay the starting annual salary of $35,000, and raising it to $38,000 at the end of the probationary period. • The Council, by consensus, agreed to Mr. Kelly's request. An update on the Twin City Mall Project was provided by Mark Robbins, the Project Manager for the developer (Paradise Group). Construction is slated to begin in mid March. Council requested that staff provide easement layouts for the Anchorage Park/Seacoast Purchase for Council's review. BILL 940 -AMENDING THE COUNTRY CLUB ADMINISTRATIVE BOARD - PLACED ON SECOND READING AND ENACTED AS BILL 4-99 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 • 3 Minutes of Regular Session • held Thursday, January 28, 1999 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 BE 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 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. The motion passed 3-2, with President Pro Tem Eissey, Councilman Tringali and Mayor Norris voting aye, and Councilman Vastola and Vice Mayor O'Meilia voting nay. President Pro Tem Eissey moved to enact Bill 940 as Ordinance 4-99. Councilman Tringali seconded the motion. The motion passed 3-2, with President Pro Tem Eissey, Councilman Tringali and Mayor Norris voting aye, and Councilman Vastola and Vice Mayor O'Meilia voting nay. ORDINANCE 5-99 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 • 4 Minutes ofi Regular Session • held Thursday, January 28, 1999 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 second reading and read by title alone. Councilman Tringali seconded the motion. The motion passed 4-1, with President Pro Tem Eissey, Councilman Tringali, Councilman Vastola and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. President Pro Tem Eissey moved that Bill 941 be enacted as Ordinance 5-99. Councilman Tringali seconded the motion. The motion passed 4-1, with President Pro Tem Eissey, Councilman Tringali, Councilman Vastola and Mayor Norris voting aye, and Vice Mayor O'Meilia voting nay. BILL 942 -AMENDING CODE TO PROVIDE FOR OUTDOOR SEATING -PLACED ON SECOND READING AND ENACTED AS ORDINANCE 6-99 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 ASUB-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 second reading and read by title alone. Vice Mayor O'Meilia seconded the motion. During discussion, the Council directed the Village Attorney to review the Ordinance for conflicts with other sections of the Village Code., Thereafter, the motion passed 5-0. Councilman Vastola moved that Bill 942 be enacted as Ordinance 6-99. Vice Mayor O'Meilia seconded the motion, and all present voted aye. u 5 Minutes of Regular Session • held Thursday, January 28, 1999 BILL 943 -ADOPTING STANDARD BUILDING. GAS, MECHANICAL, AND PLUMBING CODES -PLACED ON SECOND READING AND ENACTED AS ORD. 7-99 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. • Vice Mayor O'Meilia moved that Bill 943 be enacted as Ordinance 7-99. 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 -TABLED 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 Minutes of Regular Session • held Thursday, January 28, 1999 be placed on first reading and read by title alone. Councilman Tringali seconded the motion. During discussion, the Council directed staffi to contact the homeowner at the corner of Lagoon Drive and Lighthouse Drive regarding this proposed code amendment. Councilman Vastola moved to table Bill 944 until the February 11th meeting. President Pro Tem Eissey seconded the motion, and all present voted aye. AND ENACTED AS ORD. 8-99 President Pro Tem Eissey moved that Bill 946 entitled: AN EMERGENCY ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 1998-99 TO APPROPRIATE • ADDITIONAL FUNDS IN THE AMOUNT OF $150,000 FOR THE EMPLOYEE BENEFIT GROUP HEALTH PROGRAM be placed on first and final reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all present voted aye. President Pro Tem Eissey moved that Bill 946 be enacted as Ord. 8-99. Vice Mayor O'Meilia seconded the motion, and all present voted aye. BILL 947 -CODE AMENDMENT -LOGOS -PLACED ON FIRST READING Councilman Vastola moved that Bill 947 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SUB-SECTION (H), DEFINITIONS, OF SECTION 6-111 TO PROVIDE A DEFINITION FOR "LOGO" AND AMENDING SUB-SECTION (B) OF SECTION 6-115, PERMITTED PERMANENT ACCESSORY SIGNS, OR ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE, BY MODIFYING THE REQUIREMENTS FOR LOGO SYMBOLS; PROVIDING • 7 Minutes of Regular Session . held Thursday, January 28, 1999 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 O'Meilia seconded the motion. During discussion, it was the Council's consensus to have the Planning Commission review and make recommendations by the next Regular Council meeting concerning this amendment. Thereafter, the motion passed 5-0. BILL 948 -CODE AMENDMENT -POLICE AND FIRE PENSION PLAN -TABLED President Pro Tem Eissey moved that Bill 948 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM • BEACH COUNTY, FLORIDA, AMENDING DIVISION 4, SECTION 2 NORTH PALM BEACH CODE, RELATING TO FIRE AND POLICE RETIREMENT PLAN, PROVIDING FOR A CHANGE IN THE COST OF LIVING ADJUSTMENT; PROVIDING FOR AN INCREASE IN THE INVESTMENTS IN EQUITIES; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading. Councilman Vastola seconded the motion. During discussion, it was noted that a final drafit had not been received which would reflect the changes made by the Council. Vice Mayor O'Meilia moved to table the first reading until the next Council meeting. Councilman Vastola seconded the motion, and all present voted aye. BILL 949 -CODE AMENDMENT - B_ OATS. DOCKS AND WATERWAYS -PLACED ON FIRST READING Vice Mayor O'Meilia moved that Bill 949 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF C 8 Minutes of Regular Session • held Thursday, January 28, 1999 NORTH PALM BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE; AMENDING THE DEFINITION OF WATERWAY IN SECTION 5-1, DEFINITIONS; AMENDING SECTION 5-9, MOORING AT PRIVATE DOCKS WITHOUT PERMISSION, TO INCLUDE PROHIBITIONS AS TO MOORING OF BOATS AT PUBLIC SEA WALLS, DOCKS OR BEACHES; AMENDING SUB-SECTION (7) OF SECTION 5- 85, REGULATIONS GOVERNING CONSTRUCTION IN LAKE WORTH AND ATLANTIC OCEAN, TO PROVIDE CONSTRUCTION REQUIREMENTS FOR DOCKS; 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 Vastola seconded the motion, and all present voted aye. Councilman Tringali moved that Bill 950 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB BUDGET FOR THE FISCAL YEAR 1998-99 TO APPROPRIATE FUNDS IN THE AMOUNT OF $3,000 FOR PROFESSIONAL SERVICES FOR THE U. S. HIGHWAY 1 LANDSCAPING PLAN be placed on first reading and read by title alone. President Pro Tem Eissey seconded the motion, and all present voted aye. RESOLUTION 6-99 ADOPTED -ESTABLISHING AND SETTING FORTH THE DUTIE_ S OF THE COUNTRY CLUB ADVISORY BOARD President Pro Tem Eissey moved to take Resolution 6-99 from the table. Councilman Vastola seconded the motion, and all present voted aye. President Pro Tem Eissey moved that Resolution 6-99 entitled Minutes of Regular Session held Thursday, January 28, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AND SETTING FORTH THE DUTIES OF THE COUNTRY CLUB ADVISORY BOARD OF THE VILLAGE; ESTABLISHING THE INTERRELATIONSHIP BETWEEN THE COUNTRY CLUB ADVISORY BOARD, VILLAGE COUNCILANDVILLAGE MANAGER; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. Councilman Tringali seconded the motion. During discussion, Vice Mayor O'Meilia moved that Section 1, Item 9. be changed to read "Review Country Club budget and make recommendations to the Village Council"; and Section 1, Item 10. be changed to read "Review and make recommendations to the Village Council as to contract". President Pro Tem Eissey seconded the motion. The motion passed 3-2, with Vice Mayor O'Meilia, President Pro Tem Eissey and Councilman Vastola voting aye, and Councilman Tringali and Mayor Norris voting nay. Thereafter, the original motion, as amended, passed 4-1, with President Pro Tem Eissey, • Councilman Tringali, Vice Mayor O'Meilia and Mayor Norris voting aye, and Councilman Vastola voting nay. ARCHITECTURAL FEE INCREASE APPROVED FOR STEPHEN BORUFF. ARCHITECT Councilman Vastola moved to approve additional fees, not to exceed $5,500, for architectural firm of Stephen Boruff for additional services for the Country Club schematic design. Councilman Tringali seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR TENNIS COURT LANDSCAPING Councilman Vastola moved to approve budget transfer in the amount of $5,000 from L8070-49910 (Country Club Contingency) to L8045-35222 (Trees & Sod) far tennis court landscaping. Vice Mayor O'Meilia seconded the motion, and all present voted aye. BUDGET TRANSFER APPROVED FOR PEDESTRIAN PATH AT ANCHORAGE PARK WATERWAY President Pro Tem Eissey moved to approve budget transfer in the amount of $12,392 from K5540-49911 (Council Contingency) to various park maintenance accounts to fiund construction of a pedestrian path along the waterway at Anchorage Park. Vice Mayor O'Meilia seconded the motion, and all present voted aye: 10 Minutes of Regular Session • held Thursday, January 28, 1999 BUDGET TRANSFER APPROVED FOR ANCHORAGE DRIVE SIDEWALK Councilman Vastola moved to approve budget transfer in the amount of $12,500 firom K5540-49911 (Council Contingency) to K8032-66210 (Construction/Renovation) to fund installation of new sidewalk along Anchorage Drive at Anchorage Park. President Pro Tem Eissey seconded the motion, and all present voted aye. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:25 p.m. L~L°---~ K thleen F. Kelly, CMC, Villag Clerk • 11