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11-21-2002 VC SP-M• MINUTES OF THE SPECIAL SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD THURSDAY, NOVEMBER 21, 2002 Present: Absent: ROI.I. CALL 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, Village Clerk Edward M. Eissey, Mayor Vice Mayor Noel called the meeting to order at 7:00 p.m. All members of the Council were present except Mayor Eissey, who was out of town. All members of staff were present. PURPOSE OF THE SPECIAL SESSION 7•he purpose of the meeting was to place on first reading the ordinances which will submit Charter amendments to referendum. B11,L 1080 -CHARTER AMENDMENT -VISION STATEMENT -PLACED ON FIRS7 READING 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 TFIF: 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 FOIL AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN Minutes of Special Session Held November 21, 2002 7'I-IE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF • PROPOSED CHARTER AMENDMENT Be placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. 131LL 1081 -CHARTER AMENDMENT -ELECTION AND TERMS -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1081 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 AMENDING SECTION 2, ELECTION AND TERMS, OF AIZTICI,E ]II, LEGISLATIVE, BY CHANGING THE TERMS OF COUNCIL MEMBERS FROM TWO (2) TO THREE (3) YEARS; 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 PUBLISHEll ]N ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SF~V}iRABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OP 77IIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND 1'IZOVIDING POR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT I3e placed on first reading and read by title alone. 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. B1L1, 1082 -CHARTER AMENDMENT -COUNCIL VACANCIES -PLACED ON FIRST KEADING President Pro Tem Tringali moved that Bill 1082 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM 131~ACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT 1'O THE VILLAGE CHARTER ADDING A SUBSECTION (e), VACANCIES WHEN NO CANDIUATES, TO SECTION 5, VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES, OF ARTICLE IQ, LEGISLATIVE, PROVIDING THE PROCEDURE FOR PILLING COUNCIL VACANCIES WHEN THERE ARE NO CANDIDATES; PROVIDING 'THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED 1'O THE F;I,ECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, FLEC770N HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OP THE • REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF I'I,ORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 7'lIE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 2 Minutes of Special Session held November 21, 2002 HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF TH[S ORDINANCE; • PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR T}IE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. BILL 1083 -CHARTER AMENDMENT -NOTICE FOR SPECIAL MEETINGS -PLACED ON FIRST READING Councilman O'Meilia 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 1'lIE VILLAGE CHARTER AMENDING SUBSECTION (a), MEETINGS, OF SEC"PION 9, PROCEDURE, OF ARTICLE III, LEGISLATIVE, TO PROVIDE THAT SPEC]Al. 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 7'HE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING FOR A NOTICE OF 1'HE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOK TIIE 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 7'HE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT I3e placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. BILL 1084 -CHARTER AMENDMENT -CERTIFICATE OF SUFFICIENCY -PLACED ON FIRST READING ]'resident Pro Tem Tringali moved that Bill 1084 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BI;AC}1, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO 7'}IE VILLAGE CHARTER AMENDING SECTION 10, INITIATIVE AND REFERENDUM, OF ARTICLE III, LEGISLATIVE, TO PROVIDE THAT THE VILLAGE CLERK SHALL COMPLETE A CERTIFICATE OF SUFFICIENCY FORA REFERENDUM PETI'17ON WI"THIN TWENTY (20) DAYS OF FILING AND PROVIDING THAT NOTICE TO • PliT1'1'IONERS COMMITTEE SHALL BE BY CERTIFIED MAIL, RETURN RECEIPT RF,QUESTED; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SI-]ALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NORTH PALM BEACH AT THE., 3 Minutes of Special Session }7eld November 21, 2002 • MARCH, 2003, ELEC77ON 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 ]N CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF TIIIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT' Be placed on first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. BII,1, 1085 -CHARTER AMENDMENT -ENHANCES READABILITY OF PROVISION YRO]]IBITING DISPOSITION OF VILLAGE-OWNED REAL PROPERTY -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1085 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BL'ACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT "1'O THE VILLAGE CHARTER BY AMENDING SECTION I1, SALE OF PROPERTY; REFERENDUM REQUIRED, OF ARTICLE III, LEGISLATIVE, BY DELETING REFERENCES 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 7'I]E VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODL'S; I'KOVIDING 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 7'HE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF YIZOI'OSED CHARTER AMENDMENT Be placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. BILL 1086 -CHARTER AMENDMENT -CONTRACTING OF VILLAGE SERVICES - I'LACI:D ON FIRST READING Councilman Norris moved that Bill 1086 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 A SECTION 12 TO ARTICLE III, LEGISLATIVE, • 7'O I'ItOVIDE THAT CONTRACTING OF VILLAGE SERVICES SHALL REQUIRE FOUR- FIFTIIS (4/5) APPROVAL OF THE VILLAGE COUNCIL AND APPROVAL OF 7'WO- TII-RDS (2/3) OF VILLAGE ELECTORS VOTING IN A REFERENDUM ELECTION; Minutes of Special Session I leld November 21, 2002 • PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO 7'HE: 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 771E R}PEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLIC"1' I11~R1:W1TH; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; I'12OVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on first reading and read by title alone. President Pro Tem Tringali seconded the motion, and all present voted aye. BILL 1087 -CHARTER AMENDMENT -APPOINTMENT DUTIES REMOVAL AND COMPENSATION OF THE VILLAGE CLERK Councilman O'Meilia moved that Bill 1087 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO 7'1]E VILLAGE CHARTER AMENDING SECTION 7, VILLAGE CLERK, OF ARTICLE IV, ADMINISTRATIVE, BY TRANSFERRING THE POWERS AND DUTIES OF T}1E' 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 1'HA1' THIS ORDINANCE, UPON ADOPTION, SHALL BE SUBMITTED TO THE ELECTORS OF 7}IE VILLAGE OF NORTH PALM BEACH AT THE MARCH, 2003, ELECTION HF?LD WI7'IiIN THE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELFC7'ION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPFAI, 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 13e placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. BILL 1088 -CHARTER AMENDMENT -FORM OF BALLOTS -PLACED ON FIRS"f READING Councilman Norris 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 7'IIE VILLAGE CHARTER AMENDING SECTION 3, FORM OF BALLOTS, OF ARTICLE 5 Minutes of Special Session Held November 21, 2002 • V, QUALIFICATION AND ELECTIONS, TO DELETE LANGUAGE MANDATING THE FORM 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 7'HE VILLAGE; PROVIDING FOR A NOTICE OF THE REFERENDUM ELECTION TO BIi 1'UBLISIIED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; PROVIDING I~OR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR INCLUSION IN 7 HF VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed on first reading and read by title alone. President Pro Tem Tringali seconded the motiar, and all present voted aye. BILL 1089 -CHARTER AMENDMENT -DEFINING GENDER -PLACED ON FIRST' READING President Pro Tem Tringali moved that Bill 1089 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BL'ACH, FLORIDA, SUBMITTING TO REFERENDUM A PROPOSED AMENDMENT TO THE VILLAGE CHARTER ADDING A SECTION 7 ENTITLED GENDER TO ARTICLE VI, TRANSITION SCHEDULE; PROVIDING THAT THIS ORDINANCE, UPON ADOPTION, SIiALL BE SUBMITTED TO THE ELECTORS OF THE VILLAGE OF NOKTFI PALM 13EACH AT THE MARCH, 2003, ELECTION HELD WITHIN THE VILLAGE; PROVIDING I~OR A NOTICE OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING FOK SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE OF 71IIS ORDINANCE; PROVIDING FOR INCLUSION IN THE VILLAGE CHARTER; AND PROVIDING FOR THE EFFECTIVE DATE OF PROPOSED CHARTER AMENDMENT Be placed first reading and read by title alone. Councilman O'Meilia seconded the motion, and all present voted aye. AllJOURNMENT With no Further business to come before the Council, the meeting adjourned at 7:41 p.m. ~~ • K thleen F. Kelly, CMC, Village Clerk 6