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08-30-2005 VC REG-MMINUTES OF THE RESCHEDULED REGULAR SESSION • VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA AUGUST 30, 2005 Present: Dr. Edward M. Eissey, Mayor Robert F. Rennebaum, President Pro Tem Charles R. O'Meilia, Councilman Donald G. Noel, Councilman Mark Bates, Village Manager George W. Baldwin, Village Attorney Melissa Teal, CMC, Village Clerk Absent: David B. Norris, Vice Mayor ROLL CALL The Regular Session of August 25, 2005 was rescheduled to August 30, 2005 due to Hurricane Katrina. Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present, except Vice Mayor Norris, who had a meeting conflict. All members of staffwere present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Eissey gave the invocation, and Councilman Noel led the public in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Minutes of the Special Session held 8/4/05 and the Regular Session held 8/11/05 were approved. STATEMENTS FROM THE PUBLIC Mr. Randy Epstein, President, Peas and Carrots Catering, Inc., d/b/a Continental Catering, distributed a Letter of Intent to become the concession company and food service provider at North Palm Beach Country. The Village Council interviewed Ms. Amy Dean and Mr. William Primm, applicants for the position of 2nd alternate on the Audit Committee. At this time. item 6.E.1. was moved forward on the agenda. RESOLUTION 74-2005 ADOPTED -APPOINTING MEMBER TO AUDIT COMMITTEE Councilman O'Meilia moved to take from the table a proposed resolution appointing a 2nd alternate member to the Audit Committee. Councilman Noel seconded the motion, which passed unanimously. By written ballot, copies of which are attached to the Minutes of record, the . Village Council appointed Amy Dean as 2nd alternate member to the Audit Committee. Councilman Noel moved to adopt Resolution 74-2005 entitled: MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, • APPOINTING A 2ND ALTERNATE MEMBER TO THE AUDIT COMMITTEE Councilman O'Meilia seconded the motion. Councilman O'Meilia moved to appoint Emery Newell as 1st alternate, and Kim Longfellow as a regular member of the Audit Committee. President Pro Tem Rennebaum seconded the motion. Thereafter, both motions passed unanimously. DECLARATION OF EX PARTE CONIMUNICATIONS Councilman O'Meilia reported a phone call on 7/2/04 from Land Design South regarding the residential project on U.S. 1 next to the Public Safety building, which is called Mariner Court. BILL 1169 -LARGE SCALE COMP PLAN AMENDMENT REMOVED FROM AGENDA This item was removed from the agenda due to legal advertising requirements with regard to rescheduling of the August 25th meeting and will be placed on public hearing and second reading at the September 8, 2005 Regular Session. BILL 1180 -REZONING LAND ADJACENT TO PUBLIC SAFETY BUILDING -PLACED ON FIRST READING President Pro Tem Rennebaum moved that Bill 1180 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED ON EAST SIDE OF U.S. HIGHWAY NO. 1, IN THE 500 BLOCK, AND ADJACENT TO THE VILLAGE PUBLIC SAFETY BUILDING, VILLAGE OF NORTH PALM BEACH, CONSISTING OF 1.93 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED FROM CB, COMMERCIAL DISTRICT, TO R-2, MULTI-FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 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, which passed 3 - 1, with President Pro Tem Rennebaum, Councilman Noel, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Jennifer Morton of Land Design South gave a presentation on the Mariner Court project. BILL 1179 -COUNTRY CLUB BUDGET AMENDMENT ESTABLISHING TIKI HUT RENTAL RATE -REMOVED FROM AGENDA This item was removed from the agenda due to legal advertising requirements with regard to rescheduling of the August 25th meeting and will be placed on public hearing and second reading at the September 8, 2005 Regular Session. 2 MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 BILL 1181 -CODE AMENDMENT INCLUDING EMS IN FIRE DIVISION OF PUBLIC • SAFETY DEPARTMENT -PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1181 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-76, DIVISIONS, OF DIVISION 5, DEPARTMENT OF PUBLIC SAFETY, OF ARTICLE III OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT EMERGENCY MEDICAL SERVICES SHALL BE INCLUDED IN THE FIRE DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY; 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, and all present voted aye. BILL 1182 -CODE AMENDMENT -PARKS OPERATION AND MAINTENANCE - PLACED ON FIRST READING Councilman Noel moved that Bill 1182 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 2-85, DIVISIONS, OF DIVISION 6, DEPARTMENT OF PUBLIC SERVICES, OF ARTICLE III OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE TO DELETE PARKS AS A DIVISION OF THE DEPARTMENT OF PUBLIC SERVICES; AMENDING SECTION 2-110, DIRECTOR'S DUTIES, OF DIVISION 9, DEPARTMENT OF RECREATION, OF ARTICLE III OF CHAPTER 2, ADMINISTRATION, TO PROVIDE THAT THE DUTIES OF THE DIRECTOR OF RECREATION SHALL INCLUDE THE OPERATION AND MAINTENANCE OF ALL VILLAGE PARKS; 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. President Pro Tem Rennebaum seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed. Councilman O'Meilia requested that the following sections of the proposed ordinance be reviewed for possible conflicts: Section 2-85, subsection 2, Division of facility maintenance; Section 2-85, subsection 3, Division of municipal garage; Section 2-110, subsection 1, Supervise recreation areas; Section 2-110, subsection 3, Village Parks. BILL 1183 -CODE AMENDMENT -SIGNS AND OUTDOOR DISPLAYS -PLACED ON FIRST READING . Councilman O'Meilia moved that Bill 1183 entitled: 3 MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM • BEACH, FLORIDA, AMENDING ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A SECTION 6-118 THERETO ENTITLED "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, and all present voted aye. BILL 1184 -CODE AMENDMENT -CABLE TV CUSTOMER SERVICE STANDARDS - PLACED ON FIRST READING Councilman O'Meilia moved that Bill 1184 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 17, LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES OF THE VILLAGE BY CREATING SECTION 17-2 ENTITLED "CUSTOMER SERVICE REQUIREMENTS AND PERFORMANCE STANDARDS"; IMPOSING CUSTOMER SERVICE AND PERFORMANCE STANDARDS FOR THE OPERATION OF CABLE TELEVISIONS SYSTEMS WITHIN THE VILLAGE OF NORTH PALM BEACH; TRANSFERRING SECTION 17-2, HOME OCCUPATIONS, TO SECTION 17-3, HOME OCCUPATIONS; 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. Village Attorney George Baldwin reported that this ordinance was submitted by Ila Feld, the Village's attorney for cable and telecommunications matters. Mr. Baldwin noted that Ms. Feld recommended that the Village send a copy of the proposed ordinance with a letter to Adelphia advising them that the ordinance will be enforceable 90 days after it takes effect. Mr. Baldwin advised that the letter be sent tomorrow by Federal Express or certified mail, with return receipt. Thereafter, the motion passed unanimously. RESOLUTION APPROVING LAWSUIT SETTLEMENT REMOVED FROM AGENDA Due to rescheduling of the August 25th meeting, Attorney Kenneth Carman was not able to be present, so this item was removed from the agenda. The resolution will be considered at the September 8, 2005 Regular Session. RESOLUTION 75-2005 ADOPTED - AUTHORIZING SECOND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE WITH BENJAMIN SCHOOL Councilman O'Meilia moved to adopt Resolution 75-2005 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 SECOND AMENDMENT TO CONTRACT FOR SALE AND 4 MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 PURCHASE BY AND BETWEEN THE BENJAMIN PRIVATE SCHOOL, INC., A FLORIDA CORPORATION, SELLER, AND VILLAGE OF NORTH PALM BEACH, A MUNICIPAL CORPORATION, BUYER, ATTACHED AS EXHIBIT "A," WHICH AMENDMENT CHANGES THE CLOSING DATE FROM ON OR BEFORE AUGUST 30, 2005, TO ON OR BEFORE OCTOBER 30, 2005; AND, PROVIDING FOR AN EFFECTIVE DATE President Pro Tem Rennebaum seconded the motion, and all present voted aye. RESOLUTION 76-2005 ADOPTED -APPOINTING REPRESENTATIVE TO SEACOAST UTILITY AUTHORITY BOARD Mayor Eissey passed the gavel to President Pro Tem Rennebaum, and nominated Don Noel as the representative of the Village to serve on the Board of the Seacoast Utility Authority. The nomination was unanimously approved. Thereafter, the name of Don Noel was entered into Resolution 76-2005 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING DON NOEL TO SERVE AS THE REPRESENTATIVE OF THE VILLAGE OF NORTH PALM BEACH ON THE BOARD OF SEACOAST UTILITY AUTHORITY; PROVIDING THAT THE COMPENSATION DESIGNATED BY THE BOARD FOR SUCH REPRESENTATIVE SHALL BE PAYABLE TO THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE and all present voted aye. RESOLUTION -RENEWAL LEASE AGREEMENT FOR COUNTRY CLUB FOOD AND BEVERAGE OPERATIONS TABLED Councilman Noel 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 A RENEWAL LEASE AGREEMENT TO CONDUCT FOOD AND BEVERAGE OPERATIONS AT THE NORTH PALM BEACH COUNTRY CLUB WITH J.E.D.L., INC., A FLORIDA CORPORATION, ATTACHED AS EXHIBIT "A", WHICH RENEWAL AGREEMENT EXTENDS THE TERM OF LEASE FOR THREE (3) YEARS COMMENCING OCTOBER 1, 2005 AND TERMINATING SEPTEMBER 30, 2008 AND, PROVIDING FOR AN EFFECTIVE DATE be adopted. President Pro Tem Rennebaum seconded the motion. Edward D'Ambra was present on behalf of J.E.D.L., Inc. to discuss the agreement. Discussion ensued on the negotiated rental fee of 7.5% of revenue. Councilman Noel moved to table this item. President Pro Tem Rennebaum seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem Rennebaum, and Councilman O'Meilia voting aye, and Mayor Eissey opposed. 5 MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 POLICY FOR NON-FINANCIAL DONATIONS OF COUNTRY CLUB RECREATIONAL • SERVICES TO LOCAL CHARITABLE NON-PROFIT GROUPS Discussion ensued on requests from local charitable non-profit groups for non-financial donations of Country Club recreational services. Consensus of Council was to have the Country Club Advisory Board consider and approve these requests for donations. Brief discussion was held concerning a request by the Palm Beach County Sports Commission for the donation of a golf foursome to be auctioned off to raise funds for local children's participation in sports programs. Mr. Bates reported that this request has been approved for the past three years, and will be honored this year as well. AUDITING SERVICES CONTRACT EXTENDED President Pro Tem Rennebaum moved to extend the contract between the Village and Cherry, Bekaert & Holland for annual independent auditing services from September 30, 2005 through September 30, 2006 for the compensation set forth in the contract of $19,600. Councilman O'Meilia seconded the motion. During discussion, President Pro Tem Rennebaum reported on the concerns of the Audit Committee, and Mayor Eissey noted that the Audit Committee recommended approval subject to the receipt of a satisfactory engagement letter from the auditor. Thereafter, the motion passed 3 - 1, with Councilman O'Meilia, President Pro Tem Rennebaum, and Mayor Eissey voting aye, and Councilman Noel opposed. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Eissey requested that Council consider supporting renaming Al A, from the U. S. 1 intersection going east past Lost Tree Village, as Jack Nicklaus Boulevard. Mayor Eissey reported that a bill to rename AlA will be brought forward in the State Legislature. Council consensus was to support the renaming of Al A for Jack Nicklaus. Discussion took place concerning a draft ordinance imposing distance restrictions for sexual offenders and sexual predators. Village Attorney George Baldwin and Public Safety Director Jimmy Knight recommended a distance restriction of 1,500 feet. First reading of a proposed ordinance concerning this issue will be placed on the Regular Session agenda of 9/8/05. VILLAGE MANAGER MATTERS/REPORTS Mr. Bates reported on the grant from Palm Beach County for the Northlake Boulevard Phase 1 Streetscape project. Mr. Bates advised that Palm Beach County will not process the Financial Assistance Agreement as amended by the Village Council at its Special Session on 8/4/05. Councilman O'Meilia move to rescind the amendment. President Pro Tem Rennebaum seconded the motion, and all present voted aye. Finance Director Trey Sizemore presented the quarterly financial report on revenues and expenses, and the year-end projection for the General Fund and Country Club budgets. • Mr. Bates discussed an ordinance amending the General Employees Pension Plan, which will be placed on the 9/8/05 agenda for first reading. 6 MINUTES OF RESCHEDULED REGULAR SESSION HELD AUGUST 30, 2005 Discussion took place concerning defined contribution plans and defined benefit plans. • Mr. Bates asked that Council consider creation of a defined contribution plan for Chief Knight and other department heads. Mr. Bates discussed differences in vesting and contribution level between plans. Council consensus was to consider a defined contribution plan. Mr. Bates was directed to provide more information on this issue. Discussion was held concerning internal auditing. Council consensus was for the Village Manager to make a list of areas that need review, either by staffor auditor. Mr. Bates reported on quotations received for a conceptual master plan for non-golf areas of the Country Club. Brief discussion ensued on status of a business plan. Discussion took place concerning reciprocity agreements. Discussion took place regarding what the Village can do to help hurricane victims. Mr. Bates discussed treatment of essential and non-essential personnel during emergencies with regard to pay. Mr. Bates reviewed terms of the collective bargaining contract. The meeting recessed at 10:28 p.m. and reconvened at 10:37 p.m. Public Safety Director Jimmy Knight discussed Fire Rescue Level of Service Standard and an Automatic Aid Agreement between the Village, Palm Beach Gardens and Palm Beach County. This item will be placed on the 9/8/05 Workshop agenda for further discussion. A Special Meeting was scheduled for Thursday, September 1, 2005 at 7:00 p.m. for further discussion of the budget. REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS The Council received the following Board minutes: Minutes of Recreation Advisory Board meeting held 6/14/05 Minutes of Country Club Advisory Board meeting held 7/11/05 Minutes of Recreation Advisory Board meeting held 7/12/05 Minutes of Waterways Board meeting held 7/19/05 Minutes of Library Advisory Board meeting held 7/26/05 Minutes of 50th Anniversary Committee meeting held 7/27/05 Minutes of Code Enforcement Board meeting held 8/1/05 Minutes of Audit Committee meeting held 8/8/05 Minutes of Recreation Advisory Board meeting held 8/9/05 Minutes of General Employees Pension Board meeting held 8/10/05 ADJOURNMENT Having reached the 11:00 p.m. curfew, the meeting adjourned. • ' `~~~ Melissa Teal, CMC Village Clerk 7 CLERK'S TALLY SHEET • Audit Committee August 30, 2005 Select 1 name: Round 1 Dean, Amy ~/l/ Primm, William _ !_ ~~~ ~~. (Signature) (Signature) Round 2 Round 3 • BALLOT U Audit Committee August 30, 2005 Select 1 name: Round 1 Round 2 Dean, Amy ~~~~ Primm, William (Sign re Round 3 • C. BALLOT Audit Committee August 30, 2005 Select 1 name: Round 1 Round 2 Round 3 Dean, Amy +~ Primm, William C7 BALLOT Audit Committee August 30, 2005 Select 1 name: Dean, Amy Primm, William Round 1 (Sig ture} Round 2 Round 3 C BALLOT Audit Committee August 30, 2005 Select 1 name: Round 1 Dean, Amy V Primm, William (Signature) Round 2 Round 3 r~ u