09-14-2006 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• SEPTEMBER 14, 2006
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Charles R. O'Meilia, Councilman
Darryl Aubrey, Councilman
Mark Bates, Village Manager
Glen Torcivia, Village Attorney
Melissa Teal, CMC, 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 staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman O'Meilia gave the invocation, and Vice Mayor Eissey led the public in the Pledge of
Allegiance to the Flag.
RESOLUTION 2006-66 ADOPTED -ACCEPTING RESULTS OF SPECIAL ELECTION
President Pro- Tem Manuel moved that Resolution 2006-66 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE RESULTS OF THE SPECIAL ELECTION HELD ON
SEPTEMBER 5, 2006; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey seconded the motion, and President Pro Tem Manuel, Vice Mayor
Eissey, Councilman O'Meilia, Councilman Pierman, and Mayor Norris voted aye.
ADMINISTRATION OF OATH TO COUNCILMAN AUBREY
The Oath of Office was administered newly elected Councilmen Darryl Aubrey by Village Clerk
Melissa Teal, which Oath is attached to the official Minutes.
APPROVAL OF MINUTES
Minutes of the Regular Session held 8/24/06, Minutes of the Special Emergency Session held
8/28/06, and Minutes of the Special Session held 8/31/06 were approved as written.
STATEMENTS FROM THE PUBLIC
Jeannette Campbell, 118 Fathom Road, North Palm Beach, addressed the Council concerning
• Country Club golf members' participation in the Palm Beach County Ladies Team League.
Mrs. Campbell requested that Council continue to allow visiting teams to pay cart fee only. A
Special Meeting will be scheduled next week to discuss this issue.
MINUTES OF REGULAR SESSION HELD SEPTEMBER 14, 2006
Tim McDulin, Business Development Director for Pepsi-Cola, addressed the Council regarding
the beverage cart purchased by Pepsi-Cola for use at the Country Club. Mr. McDulin noted that
• the cart was destroyed by vandalism and requested that the Village contribute a portion of the
cost of a new cart. Village Manager Mark Bates advised that this was an arrangement between
Mr. D'Ambra and Pepsi-Cola, and the loss is not covered under the Village's insurance policy.
Mr. McDulin provided a copy of the Partnership Agreement between Pepsi-Cola and
Mr. D'Ambra. Mr. McDulin was directed to attempt to resolve the situation with Mr. D'Ambra.
BILL 1209 -EMERGENCY GENERATORS -PULLED FROM AGENDA
Bill 1209, a proposed ordinance concerning emergency generators was pulled from the agenda.
BILL 1211- GENERAL FUND BUDGET AMENDMENT -ENACTED AS ORDINANCE 2006-17
Vice Mayor Eissey moved that Bi111211 entitled
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR
2005-2006 TO TRANSFER FUNDS FROM UNRESTRICTED UNRESERVED FUND
BALANCE IN THE AMOUNT OF $372,628
be placed on second reading and read by title alone. President Pro Tem Manuel seconded the
motion, and all present voted aye. Vice Mayor Eissey moved that Bill 1211 be enacted as
Ordinance 2006-17. Councilman Aubrey seconded the motion, which passed unanimously.
BILL 1212 -COUNCIL COMPENSATION -ENACTED AS ORDINANCE 2006-18
Vice Mayor Eissey moved that Bill 1212- entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-16 OF ARTICLE II, COUNCIL, OF
CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE BY INCREASING
COMPENSATION OF THE MAYOR AND VILLAGE COUNCIL; 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. President Pro Tem Manuel seconded the
motion and all present voted aye. Vice Mayor Eissey moved that Bill 1212 be enacted as
Ordinance 2006-17. President Pro Tem Manuel seconded the motion, which passed unanimously.
BILL 1215 -COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES -PLACED ON
FIRST READING
Councilman O'Meilia moved that Bill 1215 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 14-30 OF THE VILLAGE CODE OF
ORDINANCES, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND
• COLLECTION PROCEDURES," TO INCREASE THE ANNUAL DISPOSAL FEES
COLLECTED BY THE VILLAGE AND CORRECTLY REFERENCE THE PALM BEACH
COUNTY PROPERTY APPRAISER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
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MINUTES OF REGULAR SESSION HELD SEPTEMBER 14, 2006
be placed on first reading and read by title alone. Vice Mayor Eissey seconded the motion, and
all present voted aye.
• BILL 1216 -BUILDING PERMIT FEES -PLACED ON FIRST READING
Councilman O'Meilia moved that Bi111216 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 108, FEES, OF THE 2004 EDITION OF THE
FLORIDA BUILDING CODE AS AMENDED AND ADOPTED BY SECTION 6-16 OF THE
CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT INCREASES
PERMIT FEES AND IS FULLY SET FORTH AND ATTACHED TO THIS ORDINANCE AS
EXHIBIT "A", PROVIDING FOR SERVERABILITY; 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 Eissey seconded the motion,
which passed unanimously.
CONSENT AGENDA
Vice Mayor Eissey moved to approve the Consent Agenda. President Pro Tem Manuel seconded
the motion, and all present voted aye. The following items were approved:
Resolution 2006-67 supporting designation of U.S. 1 as "Pow/MIA Memorial Highway"
and requesting FDOT to erect markers at northbound and southbound limits of the Village
Resolution 2006-68 approving 2nd Amendment to Continuing Contract for Professional
Engineering Services with SFRN, Inc. to amend rate schedule
Receive corrected minutes of Country Club Advisory Board meeting held 7/10/06
RESOLUTION 2006-69 ADOPTED -VEHICLE AND TAKE HOME VEHICLE POLICY
Vice Mayor Eissey moved that Resolution 2006-69 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING AND ESTABLISHING THE ADMINISTRATIVE POLICY
ENTITLED "VILLAGE VEHICLE AND TAKE HOME VEHICLE POLICY," AS MAY BE
AMENDED FROM TIME TO TIME, ATTACHED HERETO AS EXHIBIT "A" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR CONFLICTS; AND,
PROVIDING AN EFFECTIVE DATE
be adopted as amended. Councilman O'Meilia seconded the motion, which passed unanimously.
The following amendments were made to the policy: Section IV, Policy, subsection A, Personal
Use of Village Vehicles, last sentence, add "excluding take home vehicle use to and from work";
subsection C, Safety Equipment Requirements, change lap belts to safety belts; subsection H,
• Persons other than Village Employees in Village Vehicles, add (4) personal emergencies;
subsection I, Operation of Village Vehicles, delete ¶3 and amend ¶4 to change references to
fifteen miles to within Palm Beach County ortwenty-five miles.
MINUTES OF REGULAR SESSION IIELD SEPTEMBER 14, 2006
RESOLUTION 2006-70 ADOPTED -LEASE TEMINATION AGREEMENT AND LEASE
AGREEMENT FOR FOOD AND BEVERAGE OPERATIONS AT COUNTRY CLUB
• Vice Mayor Eissey moved that Resolution 2006-70 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A TERMINATION OF LEASE AGREEMENT WITH J.E.D.L.,
INC., ATTACHED AS EXHIBIT "A", AND TO ENTER INTO A LEASE AGREEMENT
WITH PEAS AND CARROTS CATERING, INC., DBA THE CONTINENTAL CATERING,
TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH
COUNTRY CLUB, ATTACHED AS EXHIBIT "B"; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed 4 - 1, with Vice
Mayor Eissey, President Pro Tem Manuel, Councilman Aubrey, and Mayor Norris voting in
favor and Councilman O'Meilia opposed.
RESOLUTION 2006-71 ADOPTED -POOL BATHROOM RENOVATION AGREEMENT
Vice Mayor Eissey moved that Resolution 2006-71 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT FOR CONSTRUCTION SERVICES WITH TORDALE
CONTRACTING, LLC OF DELRAY BEACH, FLORIDA FOR BATHROOM RENOVATION
WORK AT THE NORTH PALM BEACH POOL FACILITY AT A TOTAL COST- NOT TD
EXCEED $66,588 TO BE EXPENDED FROM ACCOUNT #K8051-66210 (PARKS &
RECREATION 2005 EMERGENCY HURRICANE SUPPLEMENTAL URBAN, COMMUNITY
& FORESTRY POOL EXPENSES) AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously.
RESOLUTION 2006-72 ADOPTED -GRANT APPLICATION FOR POOL IMPROVEMENTS
Vice Mayor Eissey moved that Resolution 2006-72 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO TAKE ALL
STEPS NECESSARY TO APPLY FOR AND EXECUTE A GRANT FROM THE STATE OF
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT
ATTACHED AS EXHIBIT "A", WHICH GRANT IS FOR THE PURPOSE OF MAKING
POOL IMPROVEMENTS AT THE NORTH PALM BEACH POOL FACILITY, AND FOR
OTHER PURPOSES; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion. Mr. Bates advised that the grant is
awarded during the 2007 Legislative Session, and grant funding is available July 1st. Mr. Bates
noted that if the State awards the grant to the Village, this item will come back to the Council for
approval of matching funds. Therea$er, all present voted aye.
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MINUTES OF REGULAR SESSION HELD SEPTEMBER 14, 2006
RESOLUTION 2006-73 ADOPTED -BID AWARD FOR GOLF CART LEASE
• Vice Mayor Eissey moved that Resolution 2006-73 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AWARDING THE BID FOR THE LEASE OR PURCHASE OF 4-
WHEEL GOLF CARTS TO CLUB CAR AND AUTHORIZING THE ISSUANCE OF A
NOTICE OF INTENT FOR AWARD OF CONTRACT AND THE EXECUTION OF A
CONTRACT IN ACCORDANCE WITH THE TERMS OF THE BID; AND PROVIDING FOR
AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion. Discussion ensued on leasing or
purchasing the golf carts. Councilman O'Meilia moved to amend by specifying athirty-six month
lease of the Precedent model. President Pro Tem Manuel seconded the motion. Thereafter, the
motion, as amended, passed unanimously.
INDEPENDENT AUDITING SERVICES -RANKING OF TOP THREE FIRMS
Discussion was held on the ranking of firms to provide independent auditing services to the
Village. Councilman O'Meilia moved to accept the Audit Committee's ranking and authorize
negotiation with the top-ranked firm. Councilman Aubrey seconded the motion. Audit
Committee Chairman Tom Magill presented the Audit Committee's 9/8/06 recommendation for
the selection of an auditor, as follows: 1. Nowlen, Holt & Miner; 2. Caler, Donten, Levine,
Druker, Porter & Veil; and 3. Grau & Associates. Councilman O'Meilia moved to amend by
appointing a negotiating committee comprised of the Mayor, Village Attorney, and Audit
Committee Chair. Councilman Aubrey seconded the motion, which passed unanimously.
Thereafter, the original motion, as amended, passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mayor Norris announced the Nancy F. Moore Library Dedication on September 28, 2006 at
6:00 p.m. in the Obert Meeting Room at the North Palm Beach Library, with a reception
immediately following at Riverside Bank.
Councilman O'Meilia reported on the IPARC Issues Forum and distributed an update prepared
by the Issues Forum Affordable Housing Subcommittee. Councilman O'Meilia advised that there
is anew statutory requirement to include information about affordable housing in the
Comprehensive Plan. Councilman O'Meilia noted that Palm Beach County has agreed to help
fund the preparation of an Industrial Land Use Study, and the Issues Forum will be seeking a
small contribution from cities to assist with funding of this study.
Discussion took place concerning the Audit Committee's recommended subjects for an internal
audit. This item will be placed on an upcoming agenda for further discussion.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Bates reported a request from the Marine Industries Association to use the Villages portable
• bleachers for the upcoming Holiday Boat Parade. Mr. Bates advised that a Release and Waiver
of Liability Agreement has been prepared. Council consensus was to approve the request.
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MINUTES OF REGULAR SESSION HELD SEPTEMBER 14, 2006
Mr. Bates reviewed a letter from Palm Beach County concerning its Centennial Celebration,
which solicits participation and involvement. Council consensus was to notify the County of the
• Village's willingness to participate.
James Fleischmann, LRM, Inc., discussed the Village's Evaluation and Appraisal Report (EAR).
Mr. Fleischmann advised Council to focus particularly on Chapters 1, 4, and 5. Mr. Fleischmann
reported that the Planning Commission will hold a public hearing on the EAR on 10/3/06, with
discussion by the Council at its 10/12/06 Workshop and final adoption by the Council on
11/9/06. Mr. Fleischmann advised that the Council has the option to adopt it by resolution or by
ordinance, and recommended its adoption by resolution.
Mr. Bates reported on the number of Country Club memberships to date.
Mr. Bates gave a brief update on the Prosperity Farms Road and Northlake Boulevard projects.
Brief discussion took place on the Country Club parking lot and driving range lights.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:55 p.m.
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Melissa Teal, CMC, Village C erk
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