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12-08-2005 VC REG-MMINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA • DECEMBER 8, 2005 Present: Dr. Edward M. Eissey, Mayor David B. Norris, Vice Mayor Charles R. O'Meilia, Councilman Robert F. Rennebaum, President Pro Tem Donald G. Noel, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk ROLL CALL Mayor Eissey 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 Mayor Eissey gave the invocation, and Councilman O'Meilia led the public in the Pledge of Allegiance to the Flag. AWARDS AND RECOGNITION A Certificate of Appreciation and a framed collage of photographs were presented to Benjamin School student Erika Strasser by Mayor Eissey and Public Safety Director Jimmy Knight, in appreciation for singing the National Anthem at Village and Public Safety events. APPROVAL OF MINUTES The following Minutes were approved: Minutes of Special Session held 11/10/OS Minutes of Regular Session held 11/10/OS STATEMENTS FROM THE PUBLIC Mayor Tom Mills, Town of Palm Beach Shores, addressed the Council in favor of the Home Rule local bill and requested that the Village Council support this proposed legislation. Mayor Mills advised that the Town of Palm Beach Shores has joined the lawsuit challenging the method of funding the countywide fire rescue dispatch system, and encouraged the Village Council to join the lawsuit as well. Item 6.F.1.c and item 6.F.l.b were moved forward on the agenda. • RESOLUTION 107-2005 ADOPTED -MOTION TO INTERVENE IN FIRE RESCUE DISPATCH LAWSUIT Councilman O'Meilia moved that Resolution 107-2005 entitled: MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE ATTORNEY TO FILE THE ATTACHED MOTION TO INTERVENE IN THAT CERTAIN LAWSUIT WHEREIN CITY OF BOCA RATON AND CITY OF DELRAY BEACH ARE PLAINTIFFS, AND PALM BEACH COUNTY, IS DEFENDANT, WHICH LAWSUIT CHALLENGES THE METHOD OF FUNDING THE PALM BEACH COUNTY, COUNTY-WIDE FIRE/RESCUE DISPATCH SYSTEM; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Rennebaum seconded the motion, which passed unanimously. RESOLUTION 108-2005 ADOPTED -SUPPORTING PROPOSED HOME RULE LOCAL BILL Councilman O'Meilia moved that Resolution 108-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA SUPPORTING THE ENACTMENT OF GENERAL STATE LEGISLATION PROPOSING AN ENTIRELY NEW SEC.163.08, FLORIDA STATUTES, RELATED TO THE REQUIREMENT FOR A DUAL REFERENDUM VOTE OF THE ELECTORS IF A COUNTY EXTENDS COUNTYWIDE LEVEL OF SERVICE STANDARDS FOR THE PROVISION OF ANY MUNICIPAL SERVICES WITHIN ANY MUNICIPALITY; PROVIDING SUPPORT FOR A PROPOSED LOCAL BILL LIMITING PALM BEACH COUNTY'S AUTHORITY TO ADOPT ANY COUNTYWIDE LEGISLATION WHICH WOULD HAVE THE EFFECT OF PREVENTING MUNICIPALITIES FROM PROVIDING FIRE-RESCUE DISPATCH SERVICES OR WHICH WOULD AUTHORIZE THE USE OF COUNTYWIDE REVENUES TO FUND THE COUNTY'S FIRE-RESCUE DISPATCH SYSTEM; FURTHER PROVIDING SUPPORT FOR ANY RELATED GENERAL OR LOCAL BILL WITH SIMILAR INTENT AND OBJECTIVES WHICH FURTHERS THE INTERESTS OF MUNICIPALITIES IN MAINTAINING THEIR HOME RULE POWERS AND ABILITY TO DELIVER TRADITIONAL MUNICIPAL SERVICES; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES be adopted. President Pro Tem Rennebaum seconded the motion, which passed unanimously. BILL 1191 -CODE AMENDMENT -BOATS, DOCKS AND WATERWAYS -PLACED ON FIRST READING President Pro Tem Rennebaum moved that Bill 1191 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 5, BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE IN THE FOLLOWING RESPECTS: ADDING ANEW SECTION 5-16 THERETO ENTITLED "MOORING LIMITATIONS IN LAGOONS (PRIVATE DOCKS)"; AMENDING EXISTING SECTION 5-17 (BEING RENUMBERED TO SECTION 5-18), ENTITLED "LIMITATION • ON ANCHORING AND MOORING IN PROHIBITED AREA; MOORING PERMIT REQUIRED"; RENUMBERING EXISTING SECTIONS 5-17 THROUGH SECTIONS 5-25, INCLUSIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE 2 MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 be placed on first reading and read by title alone. Councilman Noel seconded the motion, and all • present voted aye. Discussion ensued on modifying Section 5-16 in Section 1 of the ordinance by adding the phrase "that is" in front of moored, and deleting the phrase "to a dock or bulkhead" ui order to extend mooring limitations to vessels anchored in the lagoon as well as those moored to a dock or bulkhead. Council consensus was to ask the Waterways Board to review the proposed change and to postpone second reading ofthe ordinance until after the next Waterways Board meeting. The following editorial changes were made to the ordinance: Page 3, Section 2, ¶4, the word "are" in subsection (4) was deleted; page 3, Section 3, city was changed to Village and Public Safety was capitalized. BILL 1192 -REZONING LAND ADJACENT TO CAROLINDA DRIVE -TABLED Vice Mayor Norris moved that Bill 1192 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND ADJACENT TO CAROLINDA DRIVE WITHIN THE VILLAGE OF NORTH PALM BEACH, WHICH PARCEL OF LAND IS MORE PARTICULARLY LOCATED AND DESCRIBED ON PAGE 1 OF EXHIBIT "A" ATTACHED, FROM R-2 MULTIPLE-FAMILY DWELLING DISTRICT, TO P-PUBLIC DISTRICT; PROVIDING THE ZONING DISTRICT OF P-PUBLIC DISTRICT FOR TWO (2) ADJACENT PARCELS MORE PARTICULARLY DESCRIBED AND LOCATED ON PAGES 2 AND 3 OF EXHIBIT "A"; 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 first reading and read by title alone. Councilman Noel seconded the motion. Discussion ensued on requirements for Public Hearing and recommendation by the Planning Commission. Vice Mayor Norris moved to table this item until after the next Planning Commission meeting. Councilman Noel seconded the motion, and all present voted aye. BILL 1193 -COUNTRY CLUB BUDGET AMENDMENT -GOLF PLAY RATES - PLACED ON FIRST READING Councilman Noel moved that Bill 1193 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AMENDING THE 2005-2006 NORTH PALM BEACH COUNTRY CLUB BUDGET ADJUSTING THE RATES FOR GOLF PLAY FROM DECEMBER 26, 2005 -DECEMBER 31, 2005; AND PROVIDING FOR AN EFFECTIVE DATE be placed on first reading and read by title alone. President Pro Tem Rennebaum seconded the motion. Village Manager Mark Bates clarified that the rates listed in the ordinance are retail rates and would be reduced by 15% for guest of members and residents. Discussion took place on reducing the annual fee for resident golf cards. Councilman Noel moved to reduce the rate for resident golf cards from $50.00 to $15.00. Vice Mayor Norris seconded the motion to amend, which passed unanimously. Discussion took place concerning use of the resident golf card as identification at other Village facilities, such as the marina. Council consensus was to allow Country Club resident cards to be used as identification at other Village locations. Thereafter, the original motion, as amended, passed unanimously. 3 MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 CONSENT AGENDA • Councilman Noel moved to approve the consent agenda. Councilman O'Meilia seconded the motion, and all present voted aye. The following items were approved: Resolution 109-2005 expressing opposition to Senate Bill 1504 known as the "Broadband Investment and Consumer Choice Act"; urging congressional representatives to refrain from support or co-sponsorship of S. 1504 and to vote in opposition to S. 1504 Resolution 110-2005 authorizing and directing the Mayor and Village Clerk to enter into a Disaster Relief Funding Agreement with the Florida Dept. of Community Affairs to secure funds for eligible disaster relief activities necessitated as a result of Hurricane Wilma RESOLUTION 111-2005 APPROVED -REIMBURSEMENT OF GOLF COURSE FACILITY RENOVATION PROJECT COSTS President Pro Tem Rennebaum moved to take from the table a proposed resolution establishing intent to reimburse certain costs associated with the golf course renovation project from proceeds of future bank loan financing. Councilman Noel moved that Resolution 111-2005 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 RENOVATION AND RE-CONSTRUCTION OF THE VILLAGE COUNTRY CLUB GOLF COURSE AND DRIVING RANGE (THE "PROJECT"); PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE DATE be adopted. Vice Mayor Norris seconded the motion. Village Manager Mark Bates advised that this resolution allows future reimbursement through tax-free debt financing of initial costs for the golf course renovation project that were incurred not earlier than sixty days prior to the date of adoption of the resolution. Thereafter, the motion to adopt Resolution 111-2005 was approved unanimously. RESOLUTION 112-2005 ADOPTED -DEDICATING AND NAMING PUBLIC SAFETY COMPLEX FOR JOHN S. ATWATER Councilman Noel moved that Resolution 112-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE PLACEMENT OF A PLAQUE OR MONUMENT OF A PERMANENT NATURE AT THE VILLAGE PUBLIC SAFETY COMPLEX LOCATED AT 560 U.S. HIGHWAY 1, NORTH PALM BEACH, FLORIDA, DEDICATING AND NAMING THE BUILDING AFTER CHIEF JOHN S. ATWATER IN • RECOGNITION OF HIS TIRELESS AND DEDICATED SERVICE AND CONTRIBUTION IN THE ORGANIZATION, DEVELOPMENT AND OPERATION OF PUBLIC SAFETY IN THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE 4 MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 be adopted. Vice Mayor Norris seconded the motion. • During discussion, Finance Director Trey Sizemore was directed to check on funds available for the construction of a monument sign at the Public Safety building. Council consensus was that Chief Atwater's name should be on the sign. Therea$er, the motion passed unanimously. RESOLUTION 113-2005 ADOPTED -ACCEPTING BID OF WASTE MANAGEMENT INC. Councilman Noel moved that Resolution 113-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF WASTE MANAGEMENT, INC., OF FLORIDA ("WMIF"), A FLORIDA CORPORATION, FOR THE COLLECTION AND DISPOSAL OF DEBRIS GENERATED FROM HURRICANE WILMA; CONFIRMING THE AUTHORITY OF THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING FOR COLLECTION AND DISPOSAL OF HURRICANE DEBRIS WITH WMIF ATTACHED AS EXHIBIT "A" AND MADE PART HEREOF; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Rennebaum seconded the motion, which passed unanimously. RESOLUTION 114-2005 ADOPTED -AUTHORIZING PURCHASE OF VEHICLES President Pro Tem Rennebaum moved that Resolution 114-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PURCHASE OF TWO (2) USED VEHICLES TO BE USED BY THE PUBLIC SAFETY DEPARTMENT AS UNMARKED DETECTIVE CARS IN THE AMOUNT OF $30,976.38 LESS THE TRADE IN AMOUNT(S) FROM THREE (3) SURPLUS VILLAGE VEHICLES, FROM CARMAX CAR SALES OF BOYNTON BEACH, FLORIDA; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A5711-66410, LAW ENFORCEMENT-CAPITAL-AUTOMOTIVE be adopted. Councilman Noel seconded the motion, which passed 4 - 1, with President Pro Tem Rennebaum, Councilman Noel, Vice Mayor Norris, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. RESOLUTION 115-2005 ADOPTED - AUTHORIZING MEMORANDUM OF UNDERSTANDING BETWEEN VILLAGE AND FEDERATION OF PUBLIC EMPLOYEES President Pro Tem Rennebaum moved that Resolution 115-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR, MANAGER AND VILLAGE CLERK TO ENTER INTO A MEMORANDUM OF UNDERSTANDING RELATED TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH • PALM BEACH AND FEDERATION OF PUBLIC EMPLOYEES, A DIVISION OF THE NATIONAL FEDERATION OF PUBLIC AND PRIVATE EMPLOYEES, AFL-CIO, ATTACHED AS EXHIBIT "A", AND MADE PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE 5 MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 be adopted. Councilman O'Meilia seconded the motion, which passed unanimously. RESOLUTION 116-2005 ADOPTED -EMPLOYEE COMPENSATION DURING CIVIL EMERGENCIES Councilinan O'Meilia moved that Resolution 116-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 12 OF THE COMPREHENSIVE PAY AND CLASSIFICATION PLAN 2005/2006 PROVIDING FOR COMPENSATION TO VILLAGE EMPLOYEES DURING PERIODS OF CIVIL EMERGENCY; AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Rennebaum seconded the motion. During discussion, Mr. Bates explained that this resolution applies to non-union positions only. Mr. Bates advised that the intention is to include union positions in the future, pursuant to upcoming collective bargaining sessions. Thereafter, the motion passed unanimously. RESOLUTION - COMMUNITYID PROPOSAL OF BUXTON COMPANY TABLED Councilman Noel moved to adopt a resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING THE COMMUNITYID PROPOSAL OF THE BUXTON COMPANY, ATTACHED AS EXHIBIT "A", WHICH PROPOSAL IS FOR THE PURPOSE OF THE VILLAGE SECURING ECONOMIC DEVELOPMENT ANALYSIS AND MARKETING SERVICES; FUNDS TO BE EXPENDED FROM ACCOUNT A5540-49911 (COUNCIL CONTINGENCY); AND, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Norris seconded the motion. Chip Rodgers of The Buxton Company gave a presentation. Mr. Rodgers advised that if the proposal is accepted before the end of the year, Buxton will discount the price by 10% and will analyze an additional site. During discussion of the proposal, it was agreed that analysis of locations would not be site specific, but would be intersections or corridors. The following changes were made to page 8 of the proposal, pursuant to the recommendation of the Village Attorney: ¶1, the word "employer" was deleted in the third sentence; ¶3 was changed to read "This contract will be construed in accordance with Florida law." Staff was requested to investigate other funding options. Councilman Noel moved to table this item to the 12/15/05 Special Session. Vice Mayor Norris seconded the motion, which passed 4 - 1, with Councilman Noel, Vice Mayor Norris, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. • ANNUAL GLADES TRI-CITIES BARBECUE Discussion took place concerning a request from the City of Belle Glade for donations to help defer the cost of the Annual Glades Tri-Cities Barbeque. 6 MINUTES OF REGULAR SESSION HELD DECEMBER 8, 2005 VILLAGE TIME CAPSULE Mayor Eissey gave an update on the 50th Anniversary Committee plans for the time capsule. Mayor Eissey advised that Pratt Whitney is making a new time capsule, and the 25th year time capsule will be moved from its present location in front of the Library, and reburied with the 50th year time capsule next to it. The Council requested that the Committee reconsider not opening the 25th year time capsule. ANNEXATION INITIATIVE UPDATE Consultants Stan Brown of Ambit Marketing and Pete Witschen of Blosser & Sayfie gave a report on the status of the Village's annexation program. NICKLAUS AGREEMENT UPDATE Mr. Bates distributed a memo from Golf Course Superintendent John Morsut on the Golf Course Renovation Project, and discussed choices that will need to be made regarding the project, such as type of grass to be used and type of materials used for cart paths. Mr. Bates requested feedback from the Council, prior to issuance of the RFP. Discussion took place concerning the golf course layout. Councilman Noel moved to do full renovation of the course, including Nicklaus Design irrigation, and shifting of #1 hole. Vice Mayor Norris seconded the motion, which passed 4 -1, with Councilman Noel, Vice Mayor Norris, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Discussion ensued on review of the financial projections for the project's funding. Mr. Bates advised that although the information has been provided to various persons, no financial advisor has been engaged. Councilman O'Meilia moved that the Village Manager engage a financial advisor with experience in golf courses. Vice Mayor Norris seconded the motion, which passed unanimously. ANCHORAGE PARK MARINA Mr. Bates noted that renewal letters have been mailed for wet slips and dry storage at the Anchorage Park Marina. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS Mayor Eissey acknowledged receipt by the Council of the following Board minutes: Minutes of 50th Anniversary Committee meeting held 9/28/05 Minutes of Waterways Board meeting held 10/18/05 Minutes of Code Enforcement Board meeting held 11/7/05 ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 10:43 p.m. • '~ Melissa Teal, CMC, Village Jerk 7