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12-12-2002 VC REG-M• MINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, DECEMBER 12, 2002 Present: 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 Absent: Edward M. Eissey, Mayor ROIL CALL Vice Mayor Noel called the meeting to order at 7:30 p.m. All members of the Council were present except Mayor Eissey, who was out of town.. 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 11/14/02 Minutes of Special Session held 11/21/02 REPORT OF THE MAYOR Vice Mayor Noel moved Item 14.a. forward in front of 12.a. 1'he Council agreed by consensus that the Village Clerk should send the online letter of support to our federal Congressmen and Senators regarding First Responder Initiative which is coming up in January for a vote on funding local government programs against terrorism. • Councilman O'Meilia moved to approve the letter of support. Councilman Norris seconded the motion, and all present voted aye. Minutes of Regular Session Held llecember 12, 2002 STATEMENTS FROM THE PUBLIC • During Statements from the Public, Bob Brandner submitted to Council financial documentation for the Florida Public Pension Trustees Association Conference attend by the Village Manager and the Finance Director in January 2002. The consensus of Council was to discuss the matter on the next agenda, with a possible review by Village Attorney George Baldwin. CONSF~NT AGENDA APPROVED Councilman O'Meilia moved to approve the Consent Agenda. President Pro Tem Tringali seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes of the Police and Fire Pension Board meeting held 8/6//02 Received for file the Minutes of the Planning Commission meeting held 10/1/02 Received for file the Minutes of the Library Advisory Board meeting held 10/22/02 Received for file the Minutes of the Country Club Advisory Board meeting held 11/4/02 Received for file the Minutes of the Code Enforcement Board meeting held 11/4/02 Received for file the Minutes of the Recreation Advisory Board meeting held 11 /12/02 Received for file the Minutes of the Planning Commission meeting held 11/12/02 Received for file the recommendation of the Planning Commission (Minutes of 11/12/02) that the Village Council approve the preliminary subdivision plat known as "Palm Lane" consisting of approximately 5.8 acres located on the west side of Prosperity Farms Road and south of Pepperwood Subdivision Received for file the recommendation of the Planning Commission (Minutes of 11/12/02) that the Village Council approve the preliminary subdivision plat known as "Marbella Villas, Phase 1" consisting of approximately 3.4 acres located at the northwest corner of Prosperity Farms Road and Park Road Keceived for file the recommendation of the Planning Commission (Minutes of 11/12/02) that the Village Council approve the preliminary subdivision plat known as "Marbella Village, Phase 11 consisting of approximately 1.6 acres located at the northwest corner of Prosperity Farms Road and Park Road Received for file the recommendation of the Planning Commission (Minutes of 11/12/02) that the Village Council adopt the Northlake Boulevard Overlay Zoning District • REPORTS OF SPECIAL COMMITTEES 2 Minutes of Regular Session Held December 12, 2002 Councilman O'Meilia updated the Council on the Northlake Blvd. Task Force, stating that bids • should be in by March 1 for construction drawings on Phase I of the project, which would be to upgrade landscaping and sprinkler systems from U. S. 1 to Southwind Circle, possibly to Prosperity Farms Road. A Maintenance Agreement with the Dept. of Transportation will be necessary to the permitting of this project. An update was also given on the status of the annexation program that the League of Cities and the County are working on. The committee handling this issue have picked out five different enclaves in different cities in the south and central part of Palm Beach County to see if the Legislature will pass a local bill saying that by 2004 or 2005 the cities can annex enclaves by involuntary annexation if it is their choice. A study already done by the County will be distributed to the Council within the next 3 weeks. Village Attorney George Baldwin reported that the substation committee has been negotiating for some time with the Monastery and had appraisals done. Mr. Baldwin received a letter and phone call from the attorney representing the Monastery outlining acceptable contract terms. Mr. Baldwin stated that the subcommittee should set a meeting to review the terms and move forward with its recommendations. VILLAGE MANAGER'S REPORT Village Manager Dennis Kelly reviewed the scheduled holiday closing dates with the Council. Kristine Frazell, Director of Public Services, gave a status report on the Conroy water main project, telling the Council that the estimated construction cost set forth more than a year ago by resolution has increased by approximately $20,000. The options are to start over with Public hearings and a new resolution to accommodate the cost increase, or for the Village to pay the difference. Because the project was delayed by the Village, it was the consensus of Council to move forward as scheduled, with the Village paying the cost difference. Mr. Baldwin was directed to prepare the Conroy Drive resolution containing the final assessment roll for the Kegular Session of January 9, 2003. A status report was given regarding the maintenance of the Lighthouse Drive Bridge, which is ongoing, with more permanent solutions to be budgeted for with the next couple of years. Village Manager Dennis Kelly told the Council that the mold has reappeared in the north substation, and the Resun Company was very quick to respond for the cleaning and repair. Corrective actions were provided to employees to help alleviate another recurrence. Mr. Kelly was directed to verify whether the trailer was new or used when delivered, and if used,. demand that a new trailer be provided immediately. It was further stated that there is responsibility on the part of Resun for any costs, including medical costs, incurred as a result of having received a used trailer. The Village Manager was directed to immediately contact Council members individually regarding events affecting the north substation, and further, not to pay the rent until the situation is satisfactorily resolved. • It was requested that a resolution to extend the zoning-in-progress for properties that abut Northlake Blvd. be prepared for the meeting of January 9, 2003. 3 Minutes of Regular Session Held December 12, 2002 • The Village Manager was directed to provide a report on the Legislative Conference held in Orlando. A brief discussion was held concerning improving communication between the Department }leads and the Village Council. It was consensus of Council that Department Heads should send needed information on to the Council as well as the Manager, and the Manager was asked to rescind his directive to Department Heads that they should not communicate directly with the Council for informational purposes. The Action Log was updated. ROAD CLOSURES - S. E. NEIGHBORHOOD -RECONSIDERED Discussion was held with Commissioner Karen Marcus regarding her position and that of Palm Beach County that they have a lot of concerns about barricading roads and felt other methods are available to control the speeding and traffic problems in that area, i.e., speed humps, which Commissioner Marcus said the County will pay for and put in within 60 days on all three aforementioned roads. Additionally, Commissioner Marcus stated that the Commission might want to reconsider the Prosperity Farms Road beautification project if there are road closures, since it would affect the level of service on that road. Commissioner Marcus said that if the Village wanted to remove the speed humps at a later date, the County would require reimbursement for the cost of installation, approximately $54,000. }'resident Pro 7'em Tringali moved to reconsider the closing of Conroy Drive, Honey Road and Lorraine Court. Councilman Norris seconded the motion, and all present voted aye. Public Safety Director Duke Johnson addressed the Council regarding speed humps as a traffic- calming measure. Chief Johnson said he would collect data regarding the use of the streets and the speed of the cars using those streets prior to the speed humps being installed. President }'ro Tem Tringali moved to accept Commissioner Marcus's proposal to put in speed humps at the County's expense on Conroy Drive, Honey Road and Lorraine Court. Councilman Norris seconded the motion. Councilman O'Meilia asked Commissioner Marcus if she would consider having the County put sidewalks on side of the three streets under discussion. Commissioner Marcus responded with a "strong maybe" on that issue. Thereafter, all present voted aye. BILL 1079 -VILLAGE LOGO -ENACTED AS ORD. 30-2002 Councilman O'Meilia moved to approve second reading of Bill 1079 entitled • Minutes of Regular Session Held December 12, 2002 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, CREATING A NEW SECTION 1-10 ENTITLED "VILLAGE LOGO" TO CHAPTER I, GENERAL PROVISIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR THE OFFICIAL ADOPTION OF THE VILLAGE LOGO; DESCRIBING THE VILLAGE LOGO; PROVIDING THAT THE VILLAGE LOGO MAY ONLY BE U'T'ILIZED FOR OFFICIAL VILLAGE OF NORTH PALM BEACH BUSINESS OK UPON THE WRITTEN APPROVAL BY THE VILLAGE COUNCIL; PROVIDING THAT' THE VILLAGE COUNCIL MAY GRANT APPROVAL FOR THE USE OF THE LOGO FOK A PROPER PURPOSE; PROVIDING THAT THE VILLAGE COUNCIL MAY ADOPT REASONABLE RULES FOR THE MANUFACTURE, USE, FACSIMILE OR REPRODUCTION OF THE LOGO; PROVIDING FOR PENALTIES; PROVIDING FOR REGISTRATION AS A SERVICE MARK WITH THE SECRETARY OF THE STATE OF FLORIDA UNDER CHAPTER 495 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE lle placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1079 be enacted as Ordinance 30-02. President Pro Tem 7Yingali seconded the motion, and all present voted aye. BILL 1080 -CHARTER AMENDMENT -VISION STATEMENT -ENACTED AS ORD 31- 2002 Councilman O'Meilia moved that Bill 1080 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER BY ADDING ARTICLE I.A., ENTITLED "VISION STATEMENT" DEFINING THE INTENTIONS AND AIMS OF THE GOVERNMENT OF THE VILLAGE OF NORTH PALM BEACH; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF TH[S ORDINANCE; PROVIDING FOR INCLUSION IN 7'HE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT \J 5 Minutes of Regular Session Held December 12, 2002 }3e placed on second reading and read by title alone. Councilman Norris seconded the motion, • and all present voted aye. Councilman O'Meilia moved that Bill 1080 be enacted as Ordinance 31-2002. Councilman Norris seconded the motion, and all present voted aye. BILL 1081 -CHARTER AMENDMENT -ELECTION AND TERMS -ENACTED AS ORD. 32-2002 Councilman Norris moved that Bill 1081 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BRACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER BY AMENDING SECTION 2, ELECTION AND TERMS, OF ARTICLE I11, LEGISLATIVE, BY CHANGING THE TERMS OF COUNCIL MEMBERS FROM TWO (2) TO THREE (3) YEARS; PROVIDING THAT THIS ORDINANCE, UPON ADOP77ON, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BF,ACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISIIED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SL'VF,RABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF 7'IIIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND I'KOVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT E3c placed on second reading and read by title alone. Councilman O'Meilia seconded the motion. 7'he motion passed 3-1, with Councilman Norris, Councilman O'Meilia and Vice Mayor Noel voting aye, and President Pro Tem Tringali voting nay. Councilman O'Meilia moved that Bill 1081 be enacted as Ordinance 32-2002. Councilman Norris seconded the motion. The motion passed 3-1, with Councilman O'Meilia, Councilman Norris and Vice Mayor Noel voting aye, and President Pro Tem Tringali voting nay. BILL, 1082 -CHARTER AMENDMENT -COUNCIL VACANCIES -ENACTED AS ORD. 33-2002 Councilman O'Meilia moved that Bill 1082 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER ADDING A SUBSECTION (e), VACANCIES WHEN NO CANDIDATES, TO SECTION 5, VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES, OF ARTICLE III, LEGISLATIVE, PROVIDING THE PROCEDURE FOR FILLING COUNCIL VACANCIES WHEN THERE ARE NO CANDIDATES; PROVIDING • THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMI'T'TED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, 6 Minutes of Regular Session Held December 12, 2002 ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE • REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STA7 E OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOK THE RF,PEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT }IEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1082 be enacted as Ordinance 33-2002. President Pro 7'em Tringali seconded the motion, and all present voted aye. 131I,L 1083 -CHARTER AMENDMENT -NOTICE FOR SPECIAL MEETINGS -ENACTED AS ORD. 34-2002 Councilman Norris moved that Bill 1083 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER AMENDING SUBSECTION (a), MEETINGS, OF SECTION 9, PKOCEDURE, OF ARTICLE III, LEGISLATIVE, TO PROVIDE THAT SPECIAL MEETINGS, WHENEVER PRACTICABLE, SHALL BE CALLED ON NO LESS THAN FORTY-EIGHT (48) HOURS NOTICE TO EACH MEMBER AND TO THE PUBLIC; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEKEWITFI; PROVIDING FOR AN EFFECTIVE DATE OF TH[S ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR TFIIi IFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT I3e placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. President Pro Tem Tringali moved that Bill 1083 be enacted as Ordinance 34-2002. Councilman Norris seconded the motion, and all present voted aye. Bll.l, 1084 -CHARTER AMENDMENT -CERTIFICATE OF SUFFICIENCY -ENACTED AS ORD. 35-2002 • Councilman O'Meilia moved that Bill 1084 entitled: 7 Minutes of Regular Session Held llecember 12, 2002 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • I3EACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO 7'17E VILLAGE CHARTER AMENDING SECTION ]0, INITIATIVE AND REFERENDUM, OF ARTICLE II[, LEGISLATIVE, TO PROVIDE THAT THE VILLAGE CLERK SIIAI.L COMPI.E7'E A CERTIFICATE OF SUFFICIENCY FOR A REFERENDUM PETITION WITIIIN TWENTY (20) DAYS OF FILING AND PROVIDING THAT NOTICE TO PETITIONERS COMMITTEE SHALL BE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT TIIE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE S7'ATF. OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PKOVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1084 be enacted as Ordinance 35-2002. Councilman Norris seconded the motion, and all present voted aye. 131LL 1085 -CHARTER AMENDMENT -ENHANCES READABILITY OF PROVISION PROHIBITING DISPOSITION OF VILLAGE-OWNED REAL PROPERTY -ENACTED AS ORll. 36-2002 Councilman O'Meilia moved that Bill 1085 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THF. VILLAGE CHARTER BY AMENDING SECTION 11, SALE OF PROPERTY; K}iFEKENDUM REQUIRED, OF ARTICLE III, LEGISLATIVE, BY DELETING KEFERENCES TO ENHANCE READABILITY OF SECTION 11; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PKOVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOK AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THIS VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF 1'KOPOSED CHARTER AMENDMENT • Be placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. 8 Minutes or Regular Session Held December 12, 2002 • Councilman O'Meilia moved that Bill 35-2002 be enacted as Ordinance 36-2002. Councilman Norris seconded the motion, and all present voted aye. BILL 1086 -CHARTER AMENDMENT -CONTRACTING OF VILLAGE SERVICES - ENACTF,D AS ORDINANCE 37-2002 Councilman O'Meilia moved that Bill 1086 entitled: AN ORDINANCE OF TITE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THI: VILLAGE CHARTER BY ADDING A SECTION 12 TO ARTICLE 1[I, LEGISLATIVE, TO PROVIDE THAT CONTRACTING OF VILLAGE SERVICES SHALL REQUIRE FOUR- FIFTHS (4/5) APPROVAL OF THE VILLAGE COUNCIL AND APPROVAL OP TWO- TIIIRDS (2/3) OF VILLAGE ELECTORS VOTING IN A REFERENDUM ELECTION; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, FLECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 7'lIE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT' IIERF.WITF1; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; 1'ROVID]NG FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THfi EFFIiCT'IVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1086 be enacted as Ordinance 37-2002. Councilman Norris seconded the motion, and all present voted aye. B1L1. 1087 - C}~ARTER AMENDMENT -APPOINTMENT. DUTIES, REMOVAL AND COMPENSATION OF THE VILLAGE CLERK -ENACTED AS ORD. 38-2002 President Pro Tem Tringali moved that Bill 1087 entitled: AN ORDINANCE OF T'HE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO TH}i VILLAGE CHARTER AMENDING SECTION 7, VILLAGE CLERK, OF ARTICLE IV, AllMIN1STKATTVE, BY TRANSFERRING THE POWERS AND DUTIES OF THE VILLAGE CLERK TO ANEWLY-CREATED SECTION 10 OF ARTICLE IV; CREATING SECTION 8, APPOINTMENT; REMOVAL; COMPENSATION OF VILLAGE CLERK; CREATING SECTION 9, VACANCY IN THE OFFICE OF CLERK; PROVIDING TFIAT' • THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF TH}i VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITFIIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM 9 Minutes of Regular Session }leld December 12, 2002 E1,ECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA • ELF,C77ON CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Bc placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman Norris moved that Bill 1087 be enacted as Ordinance 38-20002. President Yro 1'em Tringali seconded the motion, and all present voted aye. BILI, 1088 -CHARTER AMENDMENT -FORM OF BALLOTS -ENACTED AS ORD. 39- 2002 Councilman O'Meilia moved that Bill 1088 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO Tl1E VILLAGE CHARTER AMENDING SECTION 3, FORM OF BALLOTS, OF ARTICLE V, QUALIFICATION AND ELECTIONS, TO DELETE LANGUAGE MANDATING THE DORM AND CONTENT OF AN ELECTION BALLOT; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN T'HE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALI. ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN T'HE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1088 be enacted as Ordinance 39-2002. President Pro T'em Tringali seconded the motion, and all present voted aye. BILL 1089 -CHARTER AMENDMENT -DEFINING GENDER -ENACTED AS ORD. 40- 2002 Councilman O'Meilia moved that Bill 1089 entitled: • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO 10 Minutes of Regular Session Held December 12, 2002 THE VILLAGE CHARTER ADDING A SECTION 7 ENTITLED GENDER TO ARTICLE Vl, • 7'RANSITTON SCHF,DULE; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT' THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SIiV13RABILIT'Y; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF T'f11S ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved that Bill 1089 be enacted as Ordinance 40-2002. President Pro 7'em "Tringali seconded the motion, and all present voted aye. BILL 1090 -BUDGET AMENDMENT -PROFESSIONAL SERVICES -PLACED ON FIRST' READING President Pro Tem Tringali moved that Bill 1090 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002- 2003 TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,000 FOR PROFESSIONAL SERVICES TO REVIEW AND UPDATE PERSONNEL RULES AND REGULATIONS Be placed on first reading and read by title alone. Councilman Norris seconded the motion. The motion passed 3-l, with President Pro Tem Tringali, Councilman Norris and Vice Mayor Noel voting nay, and Councilman O'Meilia voting nay. R}:SOLUTION AMENDING AGREEMENT WITH HR MANAGEMENT PARTNERS TABLL'D Councilman O'Meilia moved to take from the table a resolution amending the agreement with }IR Management Partners, Inc. (HRMP). President Pro Tem Tringali seconded the motion, and all present voted aye. Councilman O'Meilia moved to table the resolution to the next Regular meeting. Councilman Norris seconded the motion, and all present voted aye. RECESS • 7'he meeting recessed at 10:20 p.m. and reconvened at 10:26 p.m. 11 Minutes of Regular Session Held December 12, 2002 KESOLU7'ION 58-2002 ADOPTED - APPOINTING MEMBER TO THE CODE • ENFORCEMENT BOARD By written ballot, copies of which are attached to the Minutes of record, the Village Council appointed Bill Norton to the Code Enforcement Board. Thereafter, the name of Bill Norton was entered into Resolution 58-2002. Councilman Norris moved that Resolution 58-2002 entitled: A RESOLUTION OI' THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD Be adopted. President Pro Tem Tringali seconded the motion, and all present voted aye. RESOLUTION-SEACOAST UTILITY AUTHORITY EASEMENT -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 EXECUTE A UTILITY EASEMENT DEED TO SEACOAST UTILITY AUTHORITY AUTHORIZING THE INSTALLATION, OPERATION, MAINTENANCE ANU SERVICING OF WATER AND SEWER LINES AND APPURTENANT FACILITIES OVER THE EASEMENT PREMISES DESCRIBED IN EXHIBIT "A" ATTACHED; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Councilman Norris seconded the motion During discussion, it was stated that the impact of this on the Anchorage Master Plan had been requested in the past, since the easement would run through it. Councilman O'Meilia moved to table til the next Regular meeting. President Pro Tem Tringali seconded the motion, and all present voted aye. AFTERNOON GOLF RATES AUTHORIZED President Pro Tem Tringali moved to authorize John Scott and David Talley to adjust afternoon golf rates based on competition for 60 days, with possible continuance for the balance of the season (4/30/02). Councilman Norris seconded the motion. During discussion, Councilman O'Meilia moved to amend by authorizing the adjustment for 30 days without going below $25.00, with a report to the Council after 30 days. President Pro Tem • Tringali seconded the motion, and all present voted aye. 12 Minutes of Regular Session Held December 12, 2002 Thereafter the original motion, as amended, passed 3-1, with President Pro Tem Tringali, • Councilman O'Meilia and Vice Mayor Noel voting aye, and Councilman Norris voting nay. BUDGET TRANSFER APPROVED FOR EMERGENCY REPAIRS OF POOL PUMPS Councilman O'Meilia moved to approve a budget transfer of $5,800 from L8070-49910 (Country Club Contingency) to L8051-66490 (Machinery & Equipment-Pool) to make emergency repairs of pool pumps at the North Palm Beach Country Club swimming pool. Councilman Norris seconded the motion. During discussion, direction was given not to put the money into a maintenance account, but to put it into an R & M account. Thereafter, the motion passed 4-0. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 11:00 p.m. I thleen P. Kelly, MC • 13 J CLERK'S TALLY SHEET CODE ENFORCEMENT BOARD December 12, 2002 Round 1 Round 2 Bierer, Reid Brandlein, Tom Clarey, Andrew Cramer, Steven ~_ ~_ UiGloria, Robert Fetterman, Scott Melbourne, Joseph • Nessenthaler, Edward Norton, Bill ~~ I _/.1L- Stewart, Wayne ~i '(Signature) r (Signat re) CE:R.BAl, Round 3 i • Select 1 name: Bierer, Reid Brandlein, Tom Clarey, Andrew Cramer, Steven DiGloria, Robert Fetterman, Scott Melbourne, Joseph Nessenthaler, Edward CF1B. BAI. BALLOT CODE ENFORCEMENT BOARD December 12, 2002 Round 1 Round 2 f Round 3 Norton, Bill BALLOT CODE ENFORCEMENT BOARD December 12, 2002 Select 1 name: Round 1 Round 2 Round 3 • Bierer, Reid Brandlein, Tom Clare y, Andrew Cramer, Steven DiGloria, Robert Fetterman, Scott Melbourne, Joseph Nessenthaler, Edward Norton, Bill x !~ Stewart, Wayne (Sign~t re) CEB. BAL • BALLOT CODE ENFORCEMENT BOARD December 12, 2002 Select 1 name: Round 1 Round 2 Round 3 Bierer, Reid Brandlein, Tom Clare y, Andrew Cramer, Steven DiGloria, Robert Fetterman, Scott Melbourne, Joseph Nessenthaler, Edward Norton, Bill / _~ Stewart, Wayne ~~ e (Si n ture) CEB.BAL BALLOT CODE ENFORCEMENT BOARD December 12, 2002 Select 1 name: Round 1 Round 2 Bierer, Reid Brandlein, Tom Clarey, Andrew Cramer, Steven _~ DiGloria, Robert Fetterman, Scott Melbourne, Joseph Nessenthaler, Edward Norton, Bill Stewart, Wayne (Signature) CEB.BAL