05-11-2006 VC REG-MNIlNUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
• MAY 11, 2006
Present: Dr. Edwazd M. Eissey, Vice Mayor
William Manuel, President Pro Tem
Manny Grinn, Councilman
Mark Bates, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, CMC, Village Clerk
Absent: David B. Norris, Mayor
Chazles R. O'Meilia, Councilman
ROLL CALL
Vice Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were
present, except Mayor Norris and Councilman O'Meilia. All members of staffwere present.
INVOCATION AND PLEDGE OF ALLEGIANCE
President Pro Tem Manuel gave the invocation, and Councilman Grinn led the public in the Pledge
of Allegiance to the Flag.
APPROVAL OF MINUTES
The following minutes were approved as written:
Minutes of Special Session held 4/25/06
Minutes of Regulaz Session held 4/27/06
BILL 1200 -ORDINANCE REINSTATING COMPOSITION OF BOARD OF TRUSTEES OF
FIRE AND POLICE RETIREMENT FUND -PLACED ON FIRST READING
President Pro Tem Manuel moved that Bill 1200 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RESCINDING AND REPEALING ORDINANCE NO. 2006-04 OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA, WHICH ORDINANCE CHANGED THE
COMPOSITION OF THE BOARD OF TRUSTEES OF THE NORTH PALM BEACH FIRE
AND POLICE RETIREMENT FUND; AMENDING SUBSECTION (a), COMPOSITION, OF
SECTION 2-164, BOARD OF TRUSTEES -GENERALLY, OF DIVISION 4, PENSION AND
CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF CHAPTER 2,
ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE, TO
REINSTATE THE COMPOSITION OF THE BOARD PRIOR TO ENACTMENT OF
ORDINANCE NO 2006-04; REPEALING SUBSECTION (b) FORFEITURE OF
MEMBERSHIP ON BOARD FOR ABSENTEEISM, OF SECTION 2-164 AND RE-
• LETTERING SUBSECTIONS (c), (d) AND (e), RESPECTIVELY, OF SECTION 2-164 TO
(b), (c) AND (d); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE
MINUTES OF REGULAR SESSION HELD MAY 11, 2006 ~
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be laced on first readin and read b i 1 ~ ~ ~
p g y t t e alone. Councilman Gruen seconded the motion. ~ ~~
• During discussion, Public Safety Director Jimmy Knight explained that Ordinance 2006-04 was ~
enacted pursuant to a change in Florida Statutes regarding composition of the Board of Trustees ~ O o
of the Police and Fire Pension Fund, but the State subsequently advised that the original ~ ~
composition of the Board was grandfathered and should be reinstated. Village Attorney George ~ ~ h .
Baldwin noted that this ordinance also repeals a Village Code section concerning absenteeism, ~~ i ~
because there is a Florida Statute that has priority. The Vice Mayor requested that the Villas
Clerk call the roll for the vote on each of the items that we take up this evening since we don't ~(
have a full route Thereafter, all present voted aye.
CONSENT AGENDA
Items 6.D.1 and 6.D.2 were removed from the consent agenda.
RESOLUTION - ADDENDUM TO BELLSOUTH BUSINESS SERVICES MASTER
AGREEMENT -FAILED
Councilman Grinn moved to place this item on the Workshop agenda. The motion failed for
lack of a second.
President Pro Tem Manuel moved that a resolution 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 THE ADDENDUM TO BELLSOUTH BUSINESS SERVICES
MASTER AGREEMENT #CPG-4758 WITH BELLSOUTH MNS, INC., AND BELLSOUTH
TELECOMMUNICATIONS, INC., ATTACHED AS EXHIBIT "A" WHICH AGREEMENT IS
FOR THE PURPOSE OF THE VILLAGE OBTAINING NET VPN
TELECOMMUNICATIONS EQUIPMENT AND SERVICES FOR VILLAGE FACILITIES;
AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey passed the gavel to President Pro Tem Manuel and seconded the
motion. Councilman Grinn voted nay, and President Pro Tem Manuel and Vice Mayor Eissey
voted aye. Because adoption of a resolution requires three affirmative votes, the proposed
resolution was not adopted. President Pro Tem Manuel returned the gavel to Vice Mayor Eissey.
LAW ENFORCEMENT TRUST FUNDS DISBURSEMENT APPROVED
President Pro Tem Manuel moved to approve disbursement of Law Enforcement Trust Funds in
the amount of $7,400 to the Commission on Accreditation for Law Enforcement Agencies in
accordance with State Statute and Village Policy. Vice Mayor Eissey passed the gavel to
President Pro Tem Manuel and seconded the motion, which passed 2 - 1, with President Pro
Tem Manuel and Vice Mayor Eissey voting aye, and Councilman Grinn voting nay. President
Pro Tem Manuel returned the gavel to Vice Mayor Eissey.
• RESOLUTION -NORTH SUBSTATION DESIGN AND CONSTRUCTION MONITORING
AGREEMENT -FAILED
President Pro Tem Manuel moved that a resolution entitled:
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MINUTES OF REGULAR SESSION HELD MAY 11, 2006
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 AN AGREEMENT WITH STEPHEN BORUFF, AIA,
ARCHITECTS + PLANNERS, INC., ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
PROVIDES FOR DESIGN, PREPARATION OF CONSTRUCTION DOCUMENTS,
PERMITTING, BIDDING ASSISTANCE AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE NORTH PALM BEACH PUBLIC SAFETY NORTH SUBSTATION;
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey passed the gavel to President Pro Tem Manuel and seconded the
motion.
Discussion took place concerning the procedure to reconsider an ordinance or resolution.
Mr. Baldwin opined that someone who voted with the prevailing side may bring back an
ordinance or resolution at a succeeding meeting for a motion to reconsider it. Mr. Baldwin noted
that, with regard to an ordinance or resolution, if two Councilmen vote aye and one Councilman
votes no, it fails because of the Charter, which requires any resolution or ordinance to have three
affirmative votes to pass, therefore, the prevailing side is the one who voted against it.
Thereafter, the motion failed, with Councilman Grinn, President Pro Tem Manuel, and Vice
Mayor Eissey voting nay. President Pro Tem Manuel returned the gavel to Vice Mayor Eissey.
RESOLUTION -REIMBURSEMENT OF NORTH SUBSTATION PROJECT COSTS -
TABLED
President Pro Tem Manuel moved that a resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT
COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING FOR
THE DESIGN AND CONSTRUCTION OF THE VILLAGE NORTH SUB-STATION (THE
"PROJECT"); PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH;
PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey passed the gavel to President Pro Tem Manuel, and seconded the
motion. President Pro Tem Manuel moved to table this item. Councilman Grinn seconded the
motion, which passed with Councilman Grinn, President Pro Tem Manuel, and Vice Mayor
Eissey voting aye. President Pro Tem Manuel returned the gavel to Vice Mayor Eissey.
RESOLUTION - BROWNFIELDS GRANT APPLICATION FOR ANCHORAGE PARK -
FAILED
Councilman Grinn made a motion to remove this item from the Regular Agenda and place it on
the Workshop Agenda. The motion failed for lack of a second.
• President Pro Tem Manuel moved that a resolution entitled:
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MINUTES OF REGULAR SESSION HELD MAY 11, 2006
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 AGREEMENT WITH
THE TREASURE COAST REGIONAL PLANNING COUNCIL BROWNSFIELDS
ASSESSMENT GRANT ATTACHED AS EXHBIT "A", WHICH GRANT IS FOR THE
PURPOSE OF FUNDING A PROGRAM TO FACILITATE THE REDEVELOPMENT OF
PROPERTIES AT ANCHORAGE PARK THAT ARE SUSPECTED TO BE
CONTAMINATED WITH PETROLEUM, AND FOR OTHER PURPOSES; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey passed the gavel to President Pro Tem Manuel, and seconded the
motion, which failed with President Pro Tem Manuel voting yea, and Councilman Grinn and
Vice Mayor Eissey voting nay. President Pro Tem Manuel returned the gavel to Vice Mayor
Eissey.
RESOLUTION 2006-32 ADOPTED - FDOT ENHANCEMENT PROJECTS GRANT FOR
ANCHORAGE PARK WALKWAYS
Councilman Grinn moved that Resolution 2006-32 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 FLORIDA
DEPARTMENT OF TRANSPORTATION ENHANCEMENT PROJECTS ATTACHED AS
EXHBIT "A", WHICH GRANT IS FOR THE PURPOSE OF FUNDING A PROGRAM TO
FACILITATE THE CONSTRUCTION OF WALKWAYS, BIKE PATHS AND
BOARDWALKS AT ANCHORAGE PARK, AND FOR OTHER PURPOSES; AND,
PROVIDING FOR AN EFFECTIVE DATE
be adopted. President Pro Tem Manuel seconded the motion, which passed with Councilman
Grinn, President Pro Tem Manuel, and Vice Mayor Eissey voting aye.
RANKING OF DESIGN/ENGINEERING FIRMS FOR ANCHORAGE PARK IMPROVEMENTS
APPROVED
President Pro Tem Manuel moved to approve ranking of design engineering firm for Anchorage
Park improvements and authorize administration to negotiate with top-ranked firm. Vice Mayor
Eissey passed the gavel to President Pro Tem Manuel and seconded the motion, which passed
2 - 1, with President Pro Tem Manuel and Vice Mayor Eissey voting aye, and Councilman Grinn
voting nay. President Pro Tem Manuel returned the gavel to Vice Mayor Eissey.
MAYOR AND COUNCIL MATTERS/REPORTS
Item 6.f. l.a was removed from the agenda.
• Councilman Grinn moved to approve the Legal Services Request for Proposals and direct the
Village Clerk to advertise the RFP. President Pro Tem Manuel seconded the motion, and all
present voted aye.
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MINUTES OF REGULAR SESSION HELD MAY 11, 2006
Discussion took place concerning the Village Attorney's review of certain Attorney General
Opinions and Mr. Baldwin's opinion letter regarding reduction of Code Enforcement fines.
• Mr. Baldwin recommended that if Council wished to address this matter, it be placed on an
agenda for discussion by a full Council. Councilman Grinn moved that at a Regular or Special
meeting when at least four Council people are present, it be placed on the agenda to hear an
appeal from the Jameses for the lien against 920 Lighthouse Drive wherein the fine may be
reduced by the Village Council and the lien may be compromised, satisfied or released by the
Village Council. Mr. Baldwin advised that if the Council wants to consider reduction of fine, it
pass an ordinance establishing a procedure for everybody. President Pro Tem Manuel moved
that this issue be brought back up when a full Council is present. Councilman Grinn seconded
the motion, which passed with Councilman Grinn, President Pro Tem Manuel, and Vice Mayor
Eissey voting aye.
Discussion was held regarding the placement on the Workshop Agenda of an item concerning
broadcasting of Village Council and Board meetings on cable television and the Internet. This
issue will be brought back to a Workshop Session when more information is available and a full
Council is present.
Discussion took place concerning surplus golf course equipment, such as sprinkler heads.
Mr. Bates reported that staff is assembling an inventory list, and after discussion with the
Country Club Advisory Board, this issue will be brought back to the Council.
VILLAGE MANAGER MATTERS/REPORTS
Finance Director Trey Sizemore presented the Mid-Year Financial Report and Budget Review
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Vice Mayor Eissey acknowledged receipt by the Council of the following Board minutes:
Minutes of Planning Commission meeting held 3/7/06
Minutes of Planning Commission meeting held 4/4/06
Minutes of Audit Committee meeting held 4/10/06
Recommendation: "that Ms. Amy Dean should be named a permanent member and
Judge Newell continue as an Alternate."
Minutes of Country Club Advisory Board meeting held 4/10/06
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:18 p.m.
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Melissa Teal, CMC, Village Clerk
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