11-09-2006 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• NOVEMBER 9, 2006
Present: Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Charles R. O'Meilia, Councilman
Darryl Aubrey, Councilman
Mark Bates, Village Manager
Leonard Rubin, Village Attorney
Melissa Teal, CMC, Village Clerk
Absent: David B. Norris, Mayor
ROLL CALL
Vice Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were
present, except Mayor Norris, who was out of town. All members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Manuel gave the invocation and Vice Mayor Eissey led the public in the Pledge
of Allegiance to the Flag.
APPROVAL OF MINUTES
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Minutes of the Regular Session held 10/26/06 were approved as written.
BILL 1217 -ESTABLISHMENT OF PUBLIC WORKS DEPARTMENT AND COMMUNITY
DEVELOPMENT DEPARTMENT -ENACTED AS ORDINANCE 2006-23
President Pro Tem Manuel moved to remove from the table a proposed ordinance amending the
Code of Ordinances to eliminate the Department of Public Services and create a Department of
Public Works and a Department of Community Development. Councilman Aubrey seconded the
motion, which passed unanimously.
President Pro Tem Manuel moved that Bill 1217 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RELATING TO THE ELIMINATION OF THE DEPARTMENT OF
PUBLIC SERVICES AND THE CREATION OF A DEPARTMENT OF PUBLIC WORKS
AND A DEPARTMENT OF COMMUNITY DEVELOPMENT; AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE III, "ADMINISTRATIVE CODE," OF THE VILLAGE
CODE OF ORDINANCES BY AMENDING DIVISION 6, "DEPARTMENT OF PUBLIC
SERVICES," AND CREATING A NEW DIVISION 10, "DEPARTMENT OF COMMUNITY
DEVELOPMENT;" AMENDING SECTION 2-84 AND SECTION 2-85 AND CREATING A
. NEW SECTION 2-111 AND 2-112; PROVIDING FOR CODIFICATION; 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.
MINUTES OF REGULAR SESSION HELD NOVEMBER 9, 2006
Vice Mayor Eissey opened the public hearing. Tom Magill, 119 Atlantic Road, expressed
concern regarding use of the word "eliminate" with regard to the Public Services Department,
• since that department is specified in .the Charter. Village Attorney Len Rubin advised that a
notation will be added to the Charter documenting that the duties of the Public Services
Department have been divided between the Department of Community Development and the
Department of Public Works and that the reference in the Charter to Public Services shall apply to
both Public Works and Community Development. Mr. Rubin explained that this notation will
preserve the intent of the Charter, which requires a referendum to outsource or contract certain
services. Vice Mayor Eissey closed the public hearing.
President Pro Tem Manuel moved to enact Bill 1217 as Ordinance 2006-23. Councilman
Aubrey seconded the motion, which passed 3 - 1, with President Pro Tem Manuel, Councilman
Aubrey, and Vice Mayor Eissey voting aye, and Councilman O'Meilia opposed.
BILL 1218 - CODE AMENDMENT ALLOCATING DUTIES OF DEPT. OF PUBLIC
SERVICES TO DEPT. OF PUBLIC WORKS AND DEPT. OF COMMUNITY DEVELOPMENT
AND CLARIFYING CHARTERREFERENCE -ENACTED AS ORDINANCE 2006-24
President Pro Tem Manuel moved that Bill 1218 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO REFLECT
THE ELIMINATION OF THE DEPARTMENT OF PUBLIC SERVICES AND ALLOCATE ITS
DUTIES AND RESPONSBILITIES BETWEEN THE NEWLY CREATED DEPARTMENT OF
PUBLIC WORKS AND THE DEPARTMENT OF COMMUNITY DEVELOPMENT;
AMENDING SECTIONS 2-40, 5-15, 6-17, 6-114, 6-117, 8-3, 14-27, 14-29, 15-2, 19-112, 19-116,
19-117, 21-44, 21-47, 21-70, 21--103, 21-104, 27-27, 36-9,-36-10, 36-11, 36-12, 36-14, 36-38.1,
45-20, 45-27 AND 45-37 OF THE VILLAGE CODE; CLARIFYING THAT THE CHARTER
REFERENCE TO THE DEPARTMENT OF PUBLIC SERVICES SHALL APPLY TO BOTH
NEWLY CREATED DEPARTMENTS; 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.
Vice Mayor Eissey opened the public hearing. Tom Magill, 119 Atlantic Road, expressed
concern about setting a precedent of changing the definition of words in the Charter by
ordinance. Vice Mayor Eissey closed the public hearing.
President Pro Tem Manuel moved to enact Bill 1218 as Ordinance 2006-24. Councilman
Aubrey seconded the motion, which passed 3 - 1, with President Pro Tem Manuel, Councilman
Aubrey, and Vice Mayor Eissey voting aye, and Councilman O'Meilia opposed.
BILL 1219 - DOMANI P.U.D. AMENDMENT -ENACTED AS ORDINANCE 2006-25
Councilman O'Meilia moved to place on second reading Bill 1219 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ORDINANCE NO. 14-2005 TO PROVIDE FOR THE
• ADOPTION BY RESOLUTION OF TIMEFRAMES FOR THE CONSTRUCTION OF
INFRASTRUCTURE IMPROVEMENTS AND RESIDENTIAL UNITS WITHIN THE DOMANI
PROJECT PLANNED UNIT DEVELOPMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
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MINUTES OF REGULAR SESSION HELD NOVEMBER 9, 2006
President Pro Tem Manuel seconded the motion. Vice Mayor Eissey opened the public hearing.
With no comments from the public, Vice Mayor Eissey closed the public hearing. Thereafter,
• the motion passed unanimously.
Councilman O'Meilia moved to enact Bill 1219 as Ordinance 2006-25. President Pro Tem
Manuel seconded the motion, and all present voted aye.
RESOLUTION 2006-90 ADOPTED - DOMANI P.U.D. TIMEFRAMES
Councilman O'Meilia moved that Resolution 2006-90 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING TIMEFRAMES FOR THE COMMENCEMENT OF
CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS AND RESIDENTIAL UNITS
WITHIN THE DOMANI PROJECT PLANNED UNIT DEVELOPMENT; AND PROVIDING
FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, and all present voted aye.
BILL 1220 -DEFINED CONTRIBUTION PENSION PLAN -TABLED
Village Attorney Len Rubin reported that the ordinance had been revised to delete police and fire
employees because the State Division of Retirement, administrator of the 185/175 plans, has
required an actuarial study on the impact to the current pension plan before the defined
contribution pension plan is offered as a choice to police and fire employees. Mr. Rubin advised
due to this change in the title of the ordinance, it will require re-advertising for second reading on
12/14/06, and recommended that it be tabled.
President Pro Tem Manuel moved to table Bill 1220. Councilman O'Meilia seconded the motion,
which passed unanimously.
BILL 1221- NON-PROFIT GROUP PLAY FEE INCREASE -PLACED ON FIRST READING
President Pro Tem Manuel moved to remove from the table a proposed ordinance amending the
2006-07 Country Club Enterprise Fund Budget to increase fee for non-profit group play from
$35.00 to $55.00. Councilman Aubrey seconded the motion, which pasted unanimously.
President Pro Tem Manuel moved that Bill 1221 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, INCREASING THE 2006-2007 NORTH PALM BEACH COUNTRY
CLUB BUDGET FEE FOR NON-PROFIT GROUP PLAY FROM THIRTY-FIVE DOLLARS
($35.00) TO FIFTY-FIVE DOLLARS ($55.00); LIMITING NON-PROFIT GROUP PLAY TO
THE TIMES OF THE CLUB'S SUMMERTIME "AFTERNOON SPECIAL" PLAY;
AUTHORIZING THE ADMINISTRATION TO ESTABLISH CERTAIN PROCEDURES;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. Councilman Aubrey seconded the motion.
Discussion took place concerning group play events. Mr. Bates noted that non-profit or
fundraising group play events at the discounted rate of $55.00 are only available in the
summertime during "afternoon special" play otherwise the regular retail rate is applicable.
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MINUTES OF REGULAR SESSION HELD NOVEMBER 9, 2006
Councilman O'Meilia moved to amend the ordinance to change the words "increasing" in the
caption and "increase" in the first whereas clause to "establishing" and "establish" respectively.
• President Pro Tem Manuel seconded the motion, which passed unanimously.
BILL 1222 -CONVERTING OCCUPATIONAL LICENSE FEES TO BUSINESS TAXES -
PLACE ON FIRST READING
Councilman O'Meilia moved that Bill 1222 entitled
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO CHANGE
THE TERMS "OCCUPATIONAL LICENSE TAX" AND "OCCUPATIONAL LICENSE," TO
"LOCAL BUSINESS TAX," AND "BUSINESS TAX RECEIPT" AS REQUIRED BY
RECENT STATUTORY AMENDMENTS; AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE VI, "CODE ENFORCEMENT BOARD," BY AMENDING
SECTION 2-173; AMENDING CHAPTER 3, "ALCOHOLIC BEVERAGES," BY
AMENDING SECTION 3-4; AMENDING CHAPTER 12, "FIRE PREVENTION AND
PROTECTION," ARTICLE II, "FLORIDA FIRE PREVENTION CODE," BY AMENDING
SECTION 12-17; AMENDING CHAPTER 17, "LICENSES AND MISCELLANEOUS
BUSINESS REGULATIONS," ARTICLE I, "IN GENERAL," AND ARTICLE II,
"OCCUPATIONAL LICENSES," BY AMENDING SECTIONS 17-3, 17-16, 17-17, 17-18, 17-
19, 17-20, 17-22, 17-23, 17-24, 17-25, 17-26, 17-27, 17-28, 17-30, 17-31, 17-32 AND 17-33;
AMENDING CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS,"
ARTICLE X, "ALARMS," AND ARTICLE XI, "WELLFIELD PROTECTION," BY
AMENDING SECTIONS 19-211 AND 19-221; AMENDING CHAPTER 29,
"TELECOMMUNICATIONS," BY AMENDING SECTION 29-5; AMENDING APPENDIX
C, "ZONING," ARTICLE II, "GENERALLY," AND ARTICLE III, "DISTRICT
REGULATIONS," BY AMENDING SECTIONS 45-20 AND 45-36; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE
be placed on first reading and read by title alone. President Pro Tem Manuel seconded the
motion, which passed unanimously.
CONSENT AGENDA
Items 6.D.3 and 6.D.5 were removed from the consent agenda. Councilman O'Meilia moved to
approve the consent agenda. President Pro Tem Manuel seconded the motion, and all present
voted aye. The following items were approved:
Resolution authorizing purchase of one Dodge Ram 3500 Utility Truck, in an
amount not to exceed $23,619 from Maroone Dodge of Miami; declaring existing
1999 utility truck #82 as surplus property and authorizing its disposal.
Resolution authorizing purchase of one 2007 Dodge charge, in an amount not to
exceed $18,777 from Hill Kelly Dodge Jeep of Pensacola
• Receive Minutes of Library Advisory Board meeting held 9/26/06
Receive Minutes of Library Advisory Board meeting held 10/24/06
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MINUTES OF REGULAR SESSION MELD NOVEMBER 9, 2006
RESOLUTION 2006-93 ADOPTED -PURCHASE OF 4 PATROL VEHICLES
• Discussion ensued on waiving the purchasing regulations. Public Safety Director Jimmy Knight
noted that the cost of the vehicles is less than state contract pricing and includes police
equipment, decals, and marking.
President Pro Tem Manuel moved that Resolution 2006-93 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF FOUR 2007
FORD CROWN VICTORIA MARKED PATROL VEHICLES FROM BOBBY JONES FORD;
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman O'Meilia seconded the motion, which passed unanimously.
COUNTRY CLUB ADVISORY BOARD 10/9/06 MINUTES RECEIVED
It was determined to discuss the issues of weekend tee times reserved for members and walk-ins as
well as the requirement for 48-hour cancellation notice of tee times under Council matters.
Thereafter, Councilman O'Meilia moved to receive the Minutes of the Country Club Advisory Board
meeting held 10/9/06. President Pro Tem Manuel seconded the motion, and all present voted aye.
RESOLUTION 2006-94 ADOPTED -PUBLIC LANDS GRANT PROGRAM
Councilman O'Meilia moved that Resolution 2006-94 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY RELATING TO THE REMOVAL OF NON-NATIVE VEGETATION WITHIN
LAKESIDE PARK AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Aubrey seconded the motion.
Discussion ensued on use of Council Contingency for the grant match Village Manager Mark Bates
advised that there is $119,000 available in Council Contingency. Councilman O'Meilia moved to
amend the resolution to specify the use of funds from unappropriated surplus. President Pro Tem
Manuel seconded the motion, which passed unanimously. Thereafter, the original motion, as
amended, passed unanimously.
RESOLUTION 2006-95 ADOPTED - F.I.N.D. WATERWAYS ASSISTANCE PROGRAM
Councilman O'Meilia moved that Resolution 2006-95 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE GRANT AGREEMENT ATTACHED AS EXHIBIT "A",
WHICH AGREEMENT PROVIDES FOR IMPROVEMENTS AT LAKESIDE PARK, NORTH
PALM BEACH; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
• TO EXECUTE THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS
ASSISTANCE GRANT AGREEMENT ON BEHALF OF THE VILLAGE OF NORTH PALM
BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion.
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MINUTES OF REGULAR SESSION HELD NOVEMBER 9, 2006
Parks and Recreation Director Mark Hodgkins advised that the grant will allow improvements to
the parking lot and pathways, and improve access to the water through construction of wooden
walkways over the sea oats to the waterway.
Councilman O'Meilia moved to amend the resolution to specify the use of funds from
unappropriated surplus. President Pro Tem Manuel seconded the motion, which passed
unanimously.
RESOLUTION 2006-96 -COASTAL PARTNERSHIP INITIATIVE GRANT
Councilman O'Meilia moved that Resolution 2006-96 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AUTHORIZING THE VILLAGE MAYOR AND CLERK TO TAKE ALL
STEPS NECESSARY TO APPLY FOR AND EXECUTE AN APPROPRIATE AGREEMENT
PROVIDING A $50,000 AWARD FROM THE FLORIDA COASTAL MANAGEMENT
PROGRAM ATTACHED AS EXHIBIT "A", WHICH AWARD IS FOR THE PURPOSE OF
FUNDING A SHORELINE BOARDWALK PROJECT AT ANCHORAGE PARK, AND
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion.
Discussion took place on the Anchorage Park Master Plan, which has not yet been finalized. It
was noted by Mr. Hodgkins that this grant would provide more money toward walkways or
boardwalks at Anchorage Park, and matching funds can be provided from FDOT Transportation
Enhancement Program grant for trails and bike paths in the park, which the Village has been
notified it will receive. It was requested that Council be provided with a list of grants applied for
and grants awarded.
Thereafter, the motion passed unanimously.
RESOLUTION 2006-97 - ADOPTING A UNIT OF THE U.S. ARMED SERVICES
Councilman O'Meilia moved that Resolution 2006-97 entitled
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUPPORTING THE ADOPT-A UNIT PROGRAM CREATED BY
AMERICA SUPPORTING AMERICANS AND ADOPTING UNIT HEADQUARTERS &
HEADQUARTERS COMPANY, 2D BATTALION, 27TH INFANTRY (LIGHT), 3RD
BRIGADE, 25TH INFANTRY DIVISION (HHC, 2-27 INF., 3RD BDE, 25 ID);
AUTHORIZING MAYOR AND VILLAGE CLERK TO EXECUTE THE AMERICA
SUPPORTING AMERICANS ADOPTION AGREEMENT FORM AND WEBSITE
SUBMISSION AGREEMENT FORM ATTACHED AS EXHIBIT "A"; AND PROVIDING FOR
AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously.
• MAYOR AND COUNCIL MATTERS
Discussion took place on revising the budget document to reflect the final changes made by Council
at its 9/12/06 and 9/26/06 meetings. Mr. Bates advised that these changes were entered into the
computer system, and revision of the pages in the budget should be made by the end of the month
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MINUTES OF REGULAR SESSION HELD NOVEMBER 9, 2006
Discussion ensued on the fourth quarter financial reports. Mr. Bates reviewed the proposed
schedule for provision to the auditor and advised that reports will be available to the Council by
• or before the December Council meeting.
Discussion was held concerning the golf course tee time cancellation policy. This item will be
placed on an upcoming Workshop Agenda for further discussion.
VILLAGE MANAGER MATTERS
Mr. Bates requested that Council meet in Executive Session to discuss collective bargaining.
This meeting was tentatively scheduled for 5:30 p.m. on Tuesday, November 14th.
Mr. Bates reported on the need for emergency repairs to the Monet Road Bridge, which is
estimated to cost $87,000. Mr. Bates advised that $3,720 is the estimated cost for oversight of
the repairs by the Village Engineer. Mr. Bates requested Council consensus on giving Murphy
Construction Company notice to proceed. Councilman O'Meilia moved to proceed with the
repairs. President Pro Tem Manuel seconded the motion, which passed unanimously. It was
requested that notification ofthe repair work be given to those living east ofthe bridge and on boats.
Mr. Bates reported on the reopening of the golf course on Friday, November 17th.
Mr. Bates invited the Council to attend the employee holiday party on Friday, December 8th at
the Country Club restaurant.
Mr. Bates distributed a report projecting net revenues of $116,324 over expenditures at the
Country Club for the year ending 9/30/06.
Mr. Bates distributed a Country Club Renovation Summary report, detailing the budgeted and
actual expenses for the golf course renovation project. Mr. Bates estimates that the project will
be $25,000 to $46,000 over budget. Mr. Bates discussed needed repairs and upgrades which
increased the cost of the project.
Community Development Director Charlie Cangianelli reported on the parking lot paving at the
Country Club.
Discussion ensued on construction of the restrooms, pump house building, and the driving range
buildings, lighting and electrical work, with regard to accounting policies and procedures.
Discussion took place on accounting for the exchange of labor between General Fund employees
and Country Club employees. Mr. Bates stated that an analysis of the labor exchange will be
done after the audit is completed, probably in January.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:45 p.m.
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Melissa Teal, CMC, Village Cler
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