06-22-2006 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JUNE 22, 2006
Present: David B. Norris, Mayor
Dr. Edward M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Charles R. O'Meilia, Councilman
Manny Grinn, Councilman
Mark Bates, Village Manager
George W. Baldwin, 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 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.
AWARDS AND RECOGNITION
Public Safety Director Jimmy Knight introduced Officer Heavey, Police Explorers Advisor, who
presented the Council with a trophy and medals, which the Explorers won in the Florida
Association of Police Explorers competition. Officer Heavey introduced North Palm Beach
Explorers Crosby Mayes, Kasi Fetterman, Tara Skinner, and Allison Hogarth.
Councilman Grinn recognized Colonel Russell Gold for his service to our country. Col. Gold,
son of long-time Village resident Mrs. Adele Gold, recently retired as Director of Combat
Developments at Fort Knox, Kentucky. Councilman Grinn noted that on May 24, 2006,
Rep. Ron Lewis recognized Col. Gold before the U.S. House of Representatives as an exemplary
soldier and citizen, and this public tribute was entered into the U.S. Congressional Record.
APPROVAL OF MINUTES
By motion of Councilman Grinn, second by President Pro Tem Manuel, and unanimously
approved, the Minutes of the Regular Session held 6/8/06 were approved as amended:
page 5, paragraph 5, 8th line, to read "Vice Mayor Eissey moved to accept Mr. Brown's
verbal report and to the Village cease and desist for the time being."
• BILL 1202 -WATERWAYS BOARD TERMS -ENACTED AS ORDINANCE 2006-09
Councilman O'Meilia moved that Bill 1202 entitled:
MINUTES OF REGULAR SESSION HELD JUNE 22, 2006
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, AMENDING SECTION 5-103(b), COMPOSITION; TERMS;
VACANCIES OF ARTICLE V, WATERWAYS BOARD, OF CHAPTER 5 OF THE CODE
OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE OF CHANGING THE
EXPIRATION OF TERMS OF MEMBERS OF THE WATERWAYS BOARD; PROVIDING
FOR SEVERABILITY; 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. Vice Mayor Eissey seconded the motion,
which passed unanimously. Councilman O'Meilia moved to enact Bill 1202 as Ordinance
2006-09. Vice Mayor Eissey seconded the motion, which passed unanimously.
BILL 1204 -GENERAL FUND AND CAPITAL PROJECTS FUND BUDGET AMENDMENT -
PLACED ON 1ST READING
Vice Mayor Eissey moved that Bill 1204 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH GENERAL FUND AND CAPITAL PROJECTS FUND
BUDGET ORDINANCE 20-2005 FOR THE FISCAL YEAR 2005-2006 TO TRANSFER
FUNDS FROM UNRESERVED UNDESIGNATED FUND BALANCE IN THE AMOUNT OF
$700,000 TO THE CAPITAL PROJECTS FUND AND TRANSFERRING $15,000 FROM
• COUNCIL CONTINGENCY A5540-49911 TO SPECIAL LEGAL SERVICES ACCOUNT
A5105-33112
be placed on first reading and read by title alone. President Pro Tem Manuel seconded the
motion. Discussion took place on decreasing the appropriation for Buildings -Osborne from
$300,000 to $200,000, and for Construction & Renovation -Pool from $250,000 to $200,000.
Discussion was held concerning the use of funds from Council Contingency for Special Legal
Services. Council consensus was to keep the appropriation for Buildings -Osborne, and
Construction & Renovation -Pool at $300,000 and $250,000 respectively, and that staff use an
account other than Council Contingency for Special Legal Services. Discussion took place on
the unreserved undesignated fund balance as well as FRDAP grants for the pool. Discussion was
held concerning Lighthouse Bridge. Village Manager Mark Bates confirmed that the funds for
maintenance and repairs include Monet Road Bridge also, and the ordinance will be revised to
list Monet Road Bridge. Thereafter, the motion passed unanimously.
BILL 1205 -COUNTRY CLUB BUDGET AMENDMENT -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1205 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM COUNTRY CLUB BUDGET ORDINANCE 20-2005 FOR THE FISCAL
YEAR 2005-2006 AND CREATING A CAPITAL PROJECTS BUDGET FOR USE OF BANK
• LOAN PROCEEDS IN THE AMOUNT OF $4,893,673 FOR CAPITAL PROJECT GOLF
COURSE RENOVATION INCLUDING TRANSFERS IN THE AMOUNT OF $150,000 TO
COUNTRY CLUB FUND FOR COURSE CLOSURE EXPENDITURES
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MINUTES OF REGULAR SESSION HELD JUNE 22, 2006
be placed on first reading and read by title alone. President Pro Tem Manuel seconded the
motion, which passed 4 - 1, with Vice Mayor Eissey, President Pro Tem Manuel, Councilman
O'Meilia and Mayor Norris voting aye, and Councilman Grinn opposed.
RESOLUTION - SPRINT/NEXTEL LEASE AMENDMENT -TABLED TO 7/27/06
Councilman O'Meilia moved that a proposed resolution authorizing and directing Mayor and
Village Clerk to execute 1st Amendment to Communications Site Lease with Nextel South Corp.
be adopted. President Pro Tem Manuel seconded the motion. Discussion took place concerning
co-location and whether co-locators have the right to use power supplied by Sprint/Nextel's
generator. Councilman O'Meilia moved to amend by considering Section 45-21 and other
sections of the Village Code to assure no infringement on co-location and to add any needed
language regarding co-location to the lease amendment. The motion was seconded by Vice
Mayor Eissey and passed unanimously. Discussion took place concerning Sprint/Nextel's offer
to pay the Village $300 per month for additional leased space needed to accommodate a
generator. President Pro Tem Manuel moved to table this item until the second Council meeting
in July and to give direction to the Village Manager to negotiate. Vice Mayor Eissey seconded
the motion, which passed 4 - 1, with President Pro Tem Manuel, Vice Mayor Eissey,
Councilman Grinn, and Mayor Norris in favor, and Councilman O'Meilia opposed.
RESOLUTION 2006-42 ADOPTED -AGENT OF RECORD
Discussion took place concerning the Florida League of Cities insurance program. Vice Mayor
Eissey recommended Heffernan Insurance Brokers and Councilman Grinn suggested The
Gehring Group as the Village's agent of record for its property, casualty and workers
compensation insurance. Thereafter, Heffernan Insurance Brokers was selected, with Vice
Mayor Eissey, Councilman O'Meilia, President Pro Tem Manuel, and Mayor Norris voting for
Heffernan Insurance Brokers and Councilman Grinn voting for The Gehring Group.
Vice Mayor Eissey moved that Resolution 2006-42 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING HEFFERNAN INSURANCE BROKERS AS AGENT OF
RECORD FOR THE VILLAGE OF NORTH PALM BEACH'S PROPERTY CASUALTY
AND WORKERS COMPENSATION INSURANCE POLICIES; PROVIDING THAT
APPOINTMENT OF THE AGENCY SHALL TAKE EFFECT IMMEDIATELY AND
CONTINUE FOR A PERIOD OF 12 MONTHS OR UNTIL SUCH TIME AS THE VILLAGE
TERMINATES THE APPOINTMENT UPON THIRTY (30) DAYS WRITTEN NOTICE TO
AGENT; PROVIDING THAT COMPENSATION OF AGENT SHALL BE PAID BY THE
VILLAGE'S INSURANCE COMPANIES AND NOT BY THE VILLAGE; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed unanimously.
RESOLUTION 2006-43 ADOPTED - APPOINTING MANUEL ALTERNATE
REPRESENTATIVE TO NORTHLAKE BLVD. CORRIDOR TASK FORCE
Councilman O'Meilia left the meetin at 8:46 .m.
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MINUTES OF REGULAR SESSION HELD JUNE 22, 2006
Vice Mayor Eissey moved that Resolution 2006-43 entitled:
A RESOLUTION OF THE VILLAG
E COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING AN ALTERNATE REPRESENTATIVE TO THE
NORTHLAKE BOULEVARD CORRIDOR TASK FORCE; AND, PROVIDING FOR AN
EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed 4 - 0.
RESOLUTION 2006-44 -AGREEMENT FOR GAS TANK REMOVAL AND REPLACEMENT
President Pro Tem Manuel moved that Resolution 2006-44 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 WITH DELTA PETROLEUM AND INDUSTRIAL, INC, FOR THE
PURPOSE OF REMOVING AND REPLACING UNDERGROUND STORAGE TANKS AND
FUEL DISPENSING SYSTEM AT THE PUBLIC SERVICES FACILITY; APPROVING THE
TERMS AND PROVISIONS CONTAINED WITHIN AN AGREEMENT BEING PIGGY
BACKED BY THE VILLAGE BETWEEN THE SCHOOL BOARD OF PALM BEACH
COUNTY AND DELTA PETROLEUM AND INDUSTRIAL, INC. FOR "PETROLEUM,
TANKS AND ENVIRONMENTAL SERVICES" ATTACHED AS EXHIBIT "A";
APPROVING THE CONTRACT PROPOSAL BETWEEN THE VILLAGE OF NORTH PALM
• BEACH AND DELTA PETROLEUM AND INDUSTRIAL, INC. ATTACHED AS EXHIBIT `B",
AND PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey seconded the motion.
Councilman O'Meilia returned to the meeting at 8:49 p.m.
Mr. Bates reviewed cost increases, contingency, and funding of the project. Acting Public
Works Manager Wiley Livingston was present to answer questions on the project. Thereafter, all
present voted aye.
VILLAGE CLERK PERFORMANCE PAY
Vice Mayor Eissey moved to approve the evaluation results for the Village Clerk and award a
performance pay increase of 3.676 retroactive to 10/1/O5. Councilman O'Meilia seconded the
motion, which passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
A discussion on topics for an internal audit will be held at the next available Workshop.
Brief discussion took place concerning the Village Manager's evaluation. This item may be
placed on a Workshop agenda.
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MINUTES OF REGULAR SESSION HELD JUNE 22, 2006
Stan Brown of Ambit Marketing was present to discuss the conceptual State of the Village
• report. Mr. Brown estimated it would cost approximately $1,500 - $3,000 to complete the report
and an additional cost of $2,700 to print 2,000 copies or $18,000 to print and mail 11,000 copies.
By consensus, no further work was authorized on the State of the Village report.
Discussion took place on a possible code amendment to stipulate that the Mayor or Mayor's
designee will act as a full voting member of the General Employees Pension Board. It was
requested that staff research the history of the Board's composition. This item will be placed on
a Workshop agenda for further discussion.
Brief discussion was held concerning interest in joining a Municipal Underground Utilities
Consortium. This item will be added to a Workshop agenda.
The Council reviewed the Action Log and decided to discontinue it.
The meeting recessed at 9:50 p.m. and reconvened at 9:57 p.m.
VILLAGE MANAGER MATTERS/REPORTS
Mr. Bates reported on the Village's actual contribution to the general employees pension plan,
which is in excess of its required contribution, and reviewed options. Council consensus was
that the excess contribution be considered advance funding toward next year's required total
contribution to the plan.
• REPORTS OF SPECIAL C
OMMITTEES AND ADVISORY BOARDS
Mayor Norris acknowledged receipt by the Council of the following Board minutes:
Minutes of General Employees Pension Board meeting held 3/9/06
Minutes of Planning Commission meeting held 5/2/06
Minutes of Waterways Board meeting held 5/24/06
Recommendation: "Village staff is requested to notify the Waterways Board members
via email that Waterways Board related items are scheduled on upcoming Village
Council agendas."
Recommendation: "The Waterways Board will meet bi-monthly (every other month)
with the option for the chairman to call for meetings on the non-scheduled months. The
regular meetings will be held on the odd numbered months. Meeting dates and times for
meetings will be the second to last Tuesday at 4pm."
Minutes of Code Enforcement Board meeting held 6/5/06
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 10:32 p.m.
Melissa Teal, CMC, Village Clerk
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