03-22-2007 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 22, 2007
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Darryl Aubrey, Councilman
T.R. Hernacki, Councilman
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
Jimmy Knight, Public Safety Director
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Norris gave the invocation and Councilman O'Meilia led the public in the Pledge of Allegiance
to the Flag.
RESOLUTION 2007-37 -ACCEPTING RESULTS OF GENERAL ELECTION HELD 3/8/07
Vice Mayor Eissey moved that Resolution 2007-37 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 13, 2007
GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously.
Retiring Councilman Charles O'Meilia read the following quote from Thomas Adams, from a zoning
pamphlet that had been given out to people wishing to buy or build homes in the Village: "A home is
not a detached unit, but a part of a neighborhood, which in turn is part of a town; and the good quality
of the home usually depends at least as much on its surroundings as on its design and construction.
Hence the vital importance of ground planning and control of the development of neighborhoods."
Councilman O'Meilia stated that he considered these criteria in every decision he made, whether as a
Village employee or councilman, and expressed his hope that future Councils would be guided by
this statement also.
• ADMINISTRATION OF COUNCILMAN OATHS
Village Clerk Melissa Teal administered the oath of office to re-elected councilman David Norris,
and newly elected Councilman Thomas R. Hernacki. Said Oaths are attached to the official Minutes.
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 22, 2007
COUNCIL REORGANIZATION
• David Norris nominated Edward Eissey for Mayor. Darryl Aubrey nominated William Manuel for
Mayor. With no further nominations for the office of Mayor, nominations were closed. There were
three votes for Edward Eissey for Mayor, with David Noms, Edward Eissey, and T.R. Hernacki
voting aye. There were two votes for William Manuel for Mayor, with Darryl Aubrey and
William Manuel voting aye.
Councilman Hernacki nominated William Manuel for Vice Mayor. With no other nominations for
Vice Mayor, William Manuel was declared Vice Mayor.
Edward Eissey nominated David Norris for President Pro Tem. With no other nominations for
President Pro Tem, David Norris was declared President Pro Tem.
Thereafter, the names of Edward M. Eissey, William L. Manuel, and David B. Norris, were entered
into Resolution 2007-38.
RESOLUTION 2007-38 -COUNCIL OFFICERS
Mayor Eissey moved that Resolution 2007-38 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPOINTING THE MAYOR, VICE MAYOR AND PRESIDENT PRO TEM FOR THE
UPCOMING YEAR; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Manuel seconded the motion, which passed unanimously.
ADMINISTRATION OF OATHS TO COUNCIL OFFICERS
Village Clerk Melissa Teal administered the Oath of Office to Mayor Eissey, Vice Mayor Manuel,
and President Pro Tem Norris. Said Oaths are attached to the official Minutes.
APPROVAL OF MINUTES
Minutes of the Regular Session held 3/8/07 were approved as written. It was noted that the Council
received corrected minutes prior to the meeting.
STATEMENTS FROM THE PUBLIC
Attorney Bonni Jensen, 400 Executive Center Drive, Suite 207, West Palm Beach, representing the
Police and Fire Pension Board, requested a workshop session with the Village Council to discuss the
pension plan provision for lump sum distribution.
RESOLUTION 2007-39 ADOPTED -COMPREHENSIVE ANNUAL FINANCIAL REPORT
Ed Holt and Terry Morton of Nowlen, Holt and Miner, P.A., the Village's auditors, gave an overview of the
Comprehensive Annual Financial Report for the fiscal year ending September 30, 2006.
Vice Mayor Manuel moved that Resolution 2007-39 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
• FLORIDA, ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT
PREPARED BY THE VILLAGE AUDITOR AND AUTHORIZING THE FILING OF THE
" REPORT; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Norris seconded the motion, which passed unanimously.
2
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCII 22, 2007
BILL 1228 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT - 1.79 ACRES -
ENACTED AS ORDINANCE 2007-06
• Vice Mayor Manuel moved that Bi111228 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE
PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 1.79 ACRE PARCEL OF
LAND LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF ALTERNATE
AlA AND RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE
COUNTY CL/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE
CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. President Pro Tem Norris seconded the motion.
Mayor Eissey opened the public hearing. There being no public comment, Mayor Eissey closed the
public hearing.
Thereafter, the motion to place on second reading passed unanimously.
Vice Mayor Manuel moved that Bill 1228 be enacted as Ordinance 2007-06. President Pro Tem
Norris seconded the motion and all present voted aye.
BILL 1229 -SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT - 0.35 ACRES -
ENACTED AS ORDINANCE 2007-07
Vice Mayor Manuel moved that Bill 1229 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE
COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 0.35
ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF
RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY
CL-O/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE
CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman Aubrey seconded the motion.
Mayor Eissey opened the public hearing. There being no public comment, Mayor Eissey closed the
public hearing.
Thereafter, the motion to place on second reading passed unanimously.
• Vice Mayor Manuel moved that Bill 1229 be enacted as Ordinance 2007-07. Councilman Aubrey
seconded the motion and all present voted aye.
3
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 22, 2007
BILL 1230 -REZONING 1.79 ACRE PARCEL -ENACTED AS ORDINANCE 2007-08
• Vice Mayor Manuel moved that Bi111230 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, REZONING A 1.79 ACRE PARCEL OF LAND LOCATED ON THE NORTHEAST
CORNER OF THE INTERSECTION OF ALTERNATE AlA AND RICHARD ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CS ZONING DISTRICT TO THE
VILLAGE CC (TRANSITIONAL COMMERCIAL) ZONING DISTRICT; AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman Aubrey seconded the motion.
Mayor Eissey opened the public hearing. There being no public comment, Mayor Eissey closed the
public hearing.
Thereafter, the motion to place on second reading passed unanimously.
Councilman Aubrey moved to enact Bill 1230 as Ordinance 2007-08. Vice Mayor Manuel seconded
the motion, which passed unanimously.
BILL 1231 -REZONING 0.35 ACRE PARCEL -ENACTED AS ORDINANCE 2007-09
Vice Mayor Manuel moved that Bill 1231 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A 0.35 ACRE PARCEL OF LAND LOCATED ON THE EAST
SIDE OF ALTERNATE AlA NORTH OF RICHARD ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM THE COUNTY CLO ZONING DISTRICT TO THE VILLAGE CC
(TRANSITIONAL COMMERCIAL) ZONING DISTRICT; AMENDING THE OFFICIAL
ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman Aubrey seconded the motion.
Mayor Eissey opened the public hearing. There being no public comment, Mayor Eissey closed the
public hearing.
Thereafter, the motion to place on second reading passed unanimously.
Vice Mayor Manuel moved to enact Bill 1231 as Ordinance 2007-09. Councilman Hernacki
seconded the motion, which passed unanimously.
BILL 1231- CODE AMENDMENT -AUDIT COMMITTEE -PLACED ON FIRST READING
Vice Mayor Manuel moved that Bi111231 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE III,
"ADMINISTRATIVE CODE," DIVISION 2, "AUDIT COMMITTEE," OF THE VILLAGE CODE
• OF ORDINANCES BY AMENDING SECTION 2-52, "COMPOSITION; TERMS; VACANCIES,"
AND SECTION 2-54, "DUTIES," TO INCLUDE ONLY VILLAGE RESIDENTS AND
AUTHORIZE ADDITIONAL DUTIES AS DIRECTED BY THE VILLAGE COUNCIL;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES
4
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 22, 2007
be placed on first reading and read by title alone. President Pro Tem Norris seconded the motion.
• During discussion, it was noted that the Audit Committee will be added to the Council's rotation list
for scheduling councilmember attendance at Advisory Board meetings.
Thereafter, the motion for first reading passed unanimously.
CONSENT AGENDA
President Pro Tem Norris moved to approve the consent agenda. Vice Mayor Manuel seconded the
motion, which passed unanimously. Discussion ensued on absences of Board members. The Council
directed that the minutes of Board or Committee meetings include the reason an absent member is
excused. Thereafter, the motion to approve the consent agenda passed unanimously, with the
following items being approved:
Receive Minutes of Recreation Advisory Board meeting held 1/9/07
Receive Minutes of Waterways Board meeting held 1/23/07
Receive Minutes of Country Club Advisory Board meeting held 2/12/07
Receive Minutes of Recreation Advisory Board meeting held 2/13/07
Receive Minutes of Audit Committee meeting held 2/26/07
Receive Minutes of Recreation Advisory Board meeting held 3/13/07
RESOLUTION 2007-40 ADOPTED -JULY FOURTH FIREWORKS DISPLAY BID AWARD
President Pro Tem Norris moved that Resolution 2007-40 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA ACCEPTING THE BID SUBMITTED BY PYRO ENGINEERING, INC. FOR THE
JULY 4, 2007 FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Manuel seconded the motion and all present voted aye.
NICKLAUS DESIGN LLC CONSULTING AGREEMENT -SENT TO WORKSHOP
President Pro Tem Norris moved that a proposed resolution entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A CONSULTING AGREEMENT WITH NICKLAUS DESIGN LLC
RELATING TO THE NORTH PALM BEACH COUNTRY CLUB SIGNATURE GOLF COURSE
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion. During discussion, the motion was
withdrawn. By consensus, Council determined to send this item back to a Workshop agenda.
5
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 22, 2007
RESOLUTION 2007-41 ADOPTED - F.LN.D. GRANT FOR ANCHORAGE PARK
Vice Mayor Manuel moved that Resolution 2007-41 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE APPLICATION OF A GRANT FROM THE FLORIDA INLAND
NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM AND PROVIDING FOR
ACCEPTANCE OF THE TERMS AND CONDITIONS THEREOF; PROVIDING THE REQUIRED
CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Hernacki seconded the motion, which passed unanimously.
RESOLUTION 2007-42 ADOPTED -OPPOSING CURRENT PROPERTY TAX REFORM PROPOSAL
Vice Mayor Manuel moved that Resolution 2007-42 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, EXPRESSING ITS OPPOSITION TO THE SPEAKER'S CURRENT PROPERTY TAX
REFORM PROPOSAL AND URGING THE LEGISLATURE TO ENACT LEGISLATION THAT
PRESERVES LOCAL CONTROL AND ALLOWS MUNICIPALITIES TO PROVIDE ADEQUATE
SERVICES IN THEIR COMMUNITIES; PROVIDING FOR DISTRIBUTION; AND PROVIDING
FOR AN EFFECTIVE DATE
be adopted. Councilman Aubrey seconded the motion and all present voted aye.
MAYOR AND COUNCIL MATTERS
Mayor Eissey requested an update on irrigation of the 16th fairway at the golf course.
Mayor Eissey requested that Council consider approving a naming possibility for a permanent tennis
facility, whereby a company or individual could have their name on the tennis facility by contributing
a specified amount of money for its construction. Additionally, Mayor Eissey requested that Council
allow any councilmember or citizen to assist in raising funds for construction of the tennis facility.
This item will be placed on the next Workshop agenda.
Councilman Hernacki requested that the following items be placed on an upcoming Workshop
agenda: project closeout and who approves reduction of retainage on contracts; review of the
Osborne Park, Conroy Drive, and Phase 4 dredging capital projects; and apost-construction
assessment and discussion of the golf course renovation project.
VILLAGE MANAGER SEARCH UPDATE
Colin Baenziger, the Village's executive recruitment consultant, provided an update on the status of
the search for a new Village Manager. Mr. Baenziger reported that 59 applications were received by
the March 9th deadline, and from that list, 11 people have been chosen for further research.
Mr. Baenziger will forward the results of his research to the Council at the beginning of April.
. Discussion ensued on the schedule for the selection process. Mr. Baenziger distributed a task list.
Discussion took place concerning a suggestion that a 30-minute period be set aside at the beginning
of the candidate reception, to allow citizens to ask questions of the candidates.
6
MINUTES OF VILLAGE COUNCIL REGULAR SESSION HELD MARCH 22, 2007
Mayor Eissey invited the public to attend a reception honoring Charles O'Meilia, to be held at the
Country Club from 4:30 p.m. to 7:00 p.m. on March 23, 2007.
VILLAGE MANAGER MATTERS
Chief Knight and Parks and Recreation Director Mark Hodgkins presented a check for $100,000 from
the Treasure Coast Regional Planning Council through its brownsfields subgrant, which is a funding
source for asbestos testing and abatement. Chief Knight advised the funds are to be utilized for a
portion of the Anchorage Park Improvement Project.
Chief Knight reported that the Police Explorers will begin a curb address painting project.
Chief Knight gave an update on quotes for the pool tower and equipment room repairs.
Chief Knight advised that Mr. Epstein, Peas and Carrots d/b/a Continental Catering, has requested an
extension of his contract to provide food and beverage services at the Country Club. Chief Knight
noted that while the current contract does not expire 9/30/08, Mr. Epstein is receiving requests for
events beyond that date, and therefore is seeking afive-year extension with athree-year option. This
issue will be placed on a Workshop agenda.
Chief Knight discussed the estimated cost of $90,404 to provide administrative services to the
Country Club. Chief Knight recommended that if the Country Club is assigned these fees that it be
done at the end of the fiscal year and paid for from undesignated unreserved funds.
Chief Knight stated that $65,686.92 is set aside for completion of the Prosperity Farms Road
Beautification Project, and Palm Beach County is interested in enhancing the vegetation and intends
to piggyback on our contract. Chief Knight will arrange a meeting with Commissioner Marcus to
clarify the county's proposal.
Chief Knight advised that the Village Newsletter now includes a feature called "Ask the Village"
which will solicit and preview questions and concerns from residents and answers will be printed in
the following month's newsletter.
Mayor Eissey expressed interest in reviving the artwork exhibitions in Village Hall. Parks and
Recreation Director Mark Hodgkins reported that the Art Committee has disbanded. Brief discussion
ensued on appointing a new committee, however Mr. Hodgkins advised that his department is able to
manage this project.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:25 p.m.
~ ~~~~~~~
Melissa Teal, CMC, Village Clerk
7
•
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, Edward M. Eissey, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and impartially
discharge my duties as Mayor during my continuance therein, so help me God.
Subscribed and sworn to before me this 22nd day of March, 2007.
~~
,~;~Y';y~;
:~•' A • ~ : MELISSA A. TEAT.
My CQMMISSION # DU 437560 Notary
%
~ tXP1RE~: Juiy 13, 2009
Ndery ?uWic UnderwrM6is
ih
~ p f ~d; ru
3ontieQ
•
~ OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, William L. Manuel, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and impartially
discharge my duties as Vice Mayor during my continuance therein, so help me God.
1~~
Subscribed and sworn to before me this 22nd day of March, 2007.
s,~,y,p~.. MELISSAA.TEAL ~ /
u~-. . /
~ _ ~= i~r,~~ COMMISSION # DD 437
~`' ~ tXP1RES: Juiy 13,2009
'%+ ~P, y~nvuNotazyPWlk~ero NOtary
"~~f,fl~
•
•
OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
•
I, David B. Norris, do solemnly swear that I will support the Constitution of the
United States, the Constitution of the State of Florida, and the Charter and Code of
the Village of North Palm Beach; and that I will faithfully, honestly and impartially
discharge my duties as President Pro Tem during my continuance therein,
so help me God.
Subscribed and sworn to before me this 22nd day of March, 2007.
_-
~;;~;Y,""., MELI8SA A. TEAL Notary Public
:,; ti ,.~ 1v1Y COMMISSIUIv # DD 437560
a:, ~, EXPIR~:S:JUIy'i3,2QU9
'%~ cf ~h~` f3onued Thru tvotarv Pudic JndenvrRers
•
~ OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, David B. Norris, do solemnly swear or affirm that I will support the
Constitution of the United States, the Constitution of the State of Florida, and the
Charter and Code of the Village of North Palm Beach; and that I will faithfully,
• honestly and impartially discharge my duties as Councilman during my
continuance therern, so help me
Subscribed and sworn to before me I:nrs ~Lna aay or Marcn, luv i
~y,,,.,,.
~ MELISSA A. TEAL
n4Y CUt~it~ISS10N ;« DD 43560 ~ /~ ~~
_,,. ,~
~ ;*_
~: _~-~`J:a= EY,PIR£S: July 13, 2009
~~' f3cnaeCThruNolaryP~NicUnGerWiil~ Notary Public
•
~ OATH OF OFFICE
State of Florida )
County of Palm Beach ) ss.
Village of North Palm Beach )
I, Thomas R. Hernacki, do solemnly swear or affirm that I will support the
Constitution of the United States, the Constitution of the State of Florida, and the
Charter and Code of the Village of North Palm Beach; and that I will faithfully,
• honestly and impartially discharge my duties as Councilman during my
continuance therein, so help me God.
~ ~~~.
Subscribed and sworn to before me this 22nd day of March, 2007
.••~~:~~~i%;~-. MELISSA A. TEAL .---
~;,= MY COh~M!SSIJP! # DU A375o0
~~ •'a EXt~IRES: July t3, 2IXyJ
,¢'!f, , ,;~d•• l3onceti Thru Notary Public UntletNriters Notary Public
•