07-14-2005 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JULY 14, 2005
Present: Dr. Edward M. Eissey, 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
Absent: David B. Norris, Vice Mayor
ROLL CALL
Mayor Eissey called the meeting to order at 7:30 p.m. All members of Council were present,
except Vice Mayor Norris, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Noel gave the invocation, and President Pro Tem Rennebaum led the public in the
Pledge of Allegiance to the Flag.
AWARDS AND RECOGNITION
Mayor Eissey presented Lieutenant Robert Furey, Public Safety Department, with a plaque and
check in recognition of his 20 years of service to the Village.
APPROVAL OF MINUTES
The Minutes of the Regular Session held 6/23/05 were approved.
PUBLIC HEARING -BILL 1174 -NOISE CONTROL CODE AMENDMENT
The purpose of the Public Hearing was to hear comments from the public concerning Bill 1174, a
proposed ordinance amending Section 19-120, Exemptions, of Article VI, Noise Control, of
Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances, to provide
additional exemption and conditions for emergency backup equipment.
There were no comments from the public. The public hearing was closed.
ORDINANCE 12-2005 ENACTED-NOISE CONTROL CODE AMENDMENT
• Councilman O'Meilia moved that Bill 1174 entitled:
MINUTES OF REGULAR SESSION HELD JULY 14, 2005
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, AMENDING SECTION 19-120, EXEMPTIONS, OF ARTICLE VI,
NOISE CONTROL, OF CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVISIONS,
OF THE CODE OF ORDINANCES OF THE VILLAGE, WHICH AMENDMENT IS FOR
THE PURPOSE OF PROVIDING ADDITIONAL EXEMPTIONS TO ARTICLE VI, NOISE
CONTROL; 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. Councilman Noel seconded the motion, and
all present voted aye. Councilman O'Meilia moved to enact Bill 1174 as Ordinance 12-2005.
The motion was seconded by Councilman Noel and all present voted aye.
PUBLIC HEARING -BILL 1170 -REZONING LAND ADJACENT TO PASSIONIST
MONASTERY FROM C-1 NEIGHBORHOOD COMMERCIAL TO R-3 APARTMENT
DWELLING DISTRICT
The purpose of the public hearing was to hear comments from the public concerning Bill 1177, a
proposed ordinance rezoning a parcel of land located east of U.S. 1, south of PGA Blvd., and
adjacent to the Passionist Monastery, consisting of 7.004 acres of land, from C-1 Neighborhood
Commercial District to R-3, Apartment Dwelling district.
Manny Grinn, 536 Greenway Drive, wished to confirm his opinion that the rezoning has nothing
to do with the project that is planned for the property, but is just rezoning a piece of land.
There being no further comments, the public hearing was closed.
ORDINANCE 13-2005 ENACTED -REZONING LAND ADJACENT TO PASSIONIST
MONASTERY FROM C-1 NEIGHBORHOOD COMMERCIAL TO R-3 APARTMENT
DWELLING DISTRICT
Councilman O'Meilia moved that Bill 1170 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF
U.S. HIGHWAY NO. 1, SOUTH OF PGA BOULEVARD AND ADJACENT TO THE
PASSIONIST MONASTERY, VILLAGE OF NORTH PALM BEACH, CONSISTING OF
7.004 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE AND MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED FROM C-1,
NEIGHBORHOOD COMMERCIAL DISTRICT, TO R-3, APARTMENT 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 second reading and read by title alone. President Pro Tem Rennebaum seconded the
• motion, and all present voted aye. Councilman O'Meilia moved to enact Bill 1170 as Ordinance
13-2005. Councilman Noel seconded the motion, and all present voted aye.
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MINUTES OF REGULAR SESSION HELD JULY 14, 2005
PUBLIC HEARING -BILL 1177 - DOMANI PLANNED UNIT DEVELOPMENT
• The purpose of the public hearing was to hear comments from the public concerning Bill 1177, a
proposed ordinance creating a Planned Unit Development known as the "Domani Project" upon land
comprising 7.004 acres more or less, located north of McLaren Road on the east side of U. S. 1.
Manny Grinn, 536 Greenway Drive, questioned why there was an installment plan for payment
of the 5% donation to the Village, rather than one lump sum payment upon approval of the
P.U.D. Mr. Grinn stated that allowing payment in installments makes it easier to flip the land.
There being no further comments, the public hearing was closed.
ORDINANCE 14-2005 ENACTED - DOMANI PLANNED UNIT DEVELOPMENT
Councilman O'Meilia moved that Bill 1177 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS THE
"DOMANI PROJECT" UPON THOSE CERTAIN LANDS COMPRISING 7.004 ACRES
MORE OR LESS, LOCATED WITHIN THE VILLAGE AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED AND MADE A PART HEREOF, SAID LANDS
TO BE DEVELOPED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AS
SET FORTH IN THE INDEX ATTACHED HERETO AS COMPOSITE EXHIBIT "B" AND
WHICH PLANS AND SPECIFICATIONS ARE EXPRESSLY MADE A PART HEREOF;
PROVIDING FOR A PERIMETER LANDSCAPE PLAN WITH AUTOMATIC IRRIGATION;
PROVIDING FOR A CASH CONTRIBUTION AS A CONDITION FOR THE APPROVAL
OF THE SUBDIVISION PLAT; PROVIDING FOR PLAT APPROVAL; PROVIDING THAT
ALL STREETS, WATERWAYS, STREET LIGHTS, AND OTHER INFRASTRUCTURE
IMPROVEMENTS SHALL BE PRIVATE AND SHALL BE MAINTAINED BY THE
CONDOMINIUM ASSOCIATION OR THE FEE SIMPLE OWNERS; PROVIDING THAT
ALL BOAT SLIPS, DOCKS, AND PIERS SHALL BE PRIVATE AND NON-
COMMERCIAL; PROVIDING FOR REVIEW AND APPROVAL OF CONDOMINIUM
DOCUMENTS, BY THE VILLAGE ATTORNEY; SETTING FORTH REQUIREMENTS TO
BE MET BY THE PETITIONER PRIOR TO ISSUANCE OF THE INITIAL BUILDING
PERMIT; PROVIDING FOR TIME OF COMMENCEMENT AND TIME OF COMPLETION
FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR APPROVAL OF
SIGNAGE BY THE VILLAGE PLANNING COMMISSION; PROVIDING FOR
DETERMINATION OF WETLANDS AND FOR APPROVALS AND PERMITS
NECESSARY FROM REGULATORY AGENCIES; PROVIDING PROCEDURE FOR
MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; 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. Councilman Noel seconded the motion, and
all present voted aye. Councilman O'Meilia moved to enact Bill 1177 as Ordinance 14-2005.
• Councilman Noel seconded the motion.
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MINUTES OF REGULAR SESSION HELD JULY 14, 2005
Revising the ordinance to add piers to sections referencing boat and docks was discussed.
• Thereafter, the word "piers" was inserted in the caption, subsections B, D, and E of Section 2,
and the second to last item in Section 3. Councilman O'Meilia moved to amend Ordinance 14-
2005 to include the revised language. Councilman Noel seconded the motion, and all present
voted aye. Thereafter, the original motion, as amended, passed unanimously.
ORDINANCE 15-2005 ENACTED -AMENDING PARKING RESTRICTIONS
Councilman O'Meilia moved that Bill 1178 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (c) AND ADDING A SUBSECTION (d) TO
SECTION 18-34, PARKING RESTRICTED, OF ARTICLE III, STOPPING, STANDING AND
PARKING, OF CHAPTER 18, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF
ORDINANCES OF THE VILLAGE, WHICH AMENDMENT RESTRICTS PARKING OF
TRUCKS IN EXCESS OF THREE-FOURTHS TONS UPON PUBLIC STREETS AND
HIGHWAYS AND UPON PRIVATE PROPERTY WITHIN THE VILLAGE; 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. Councilman Noel seconded the motion, and
all present voted aye. Councilman O'Meilia moved to enact Bill 1178 as Ordinance 15-2005.
Councilman Noel seconded the motion, and all present voted aye.
BILL 1179 -COUNTRY CLUB FUND BUDGET AMENDMENT - TIKI HUT RENTAL
RATE -PLACED ON FIRST READING
President Pro Tem Rennebaum moved that Bill 1179 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING
THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR
2004-2005 TO ESTABLISH A TIKI HUT RENTAL RATE OF $25 PER FOUR (4) HOUR
PARTY
be placed on first reading and read by title alone. Councilman Noel seconded the motion, and all
present voted aye.
RESOLUTION 58-2005 ADOPTED - DOMANI PROJECT PRELIMINARY PLAT
Councilman Noel moved to adopt Resolution 58-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PRELIMINARY PLAT OF THE DOMANI
PROJECT, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE
Councilman O'Meilia seconded the motion. The addition of a bulkhead line to the plat was
• discussed. Ryan Thomas, of Kolter Properties, agreed to add the bulkhead line. Thereafter, the
motion passed unanimously.
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MINUTES OF REGULAR SESSION HELD JULY 14, 2005
RESOLUTION 59-2005 ADOPTED -APPROVING ATTORNEY-CLIENT AGREEMENT
• President Pro Tem Rennebaum moved to adopt Resolution 59-2005 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 LEIBOWITZ & ASSOCIATES, P.A., ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT PROVIDES THE VILLAGE WITH LEGAL
REPRESENTATION WITH RESPECT TO CABLE AND TELECOMMUNICATIONS
ISSUES; AND, PROVIDING FOR AN EFFECTIVE DATE
Councilman Noel seconded the motion. Ila Feld, Esquire, was present on behalf of Leibowitz &
Associates. Ms. Feld reported on legal issues associated with the transfer of the Village's cable
television franchise agreement by Adelphia Cable Television.
Discussion took place concerning the Attorney-Client Agreement. Councilman O'Meilia moved
to amend the agreement by accepting the blended hourly rate (Option "A") and eliminating the
arbitration and mediation clauses. President Pro Tem Rennebaum seconded the motion. Ms. Feld
agreed to elimination of the arbitration and mediation clauses. The motion to amend passed
unanimously. Thereafter, the original motion, as amended, passed unanimously.
RESOLUTION 60-2005 ADOPTED -SETTING TENTATIVE MILEAGE RATE
President Pro Tem Rennebaum moved to adopt Resolution 60-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A TENTATIVE MILEAGE RATE OF 6.9999 MILLS FOR
GENERAL OPERATING BUDGET PURPOSES AND A TENTATIVE MILEAGE RATE OF
.0000 MILLS FOR DEBT SERVICE FOR A TOTAL COMBINED MILEAGE RATE OF
6.9999 MILLS FOR FISCAL YEAR 2005/2006 PROVIDING FOR THE ESTABLISHMENT
OF AND SETTING FORTH THE DATE, TIME AND PLACE OF THE FIRST PUBLIC
HEARING TO FORMALLY ADOPT THE FISCAL YEAR 2005/2006 MILEAGE RATE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE
Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 61-2005 ADOPTED -RATIFYING PURCHASE OF TIKI HUTS
Councilman Noel moved to adopt Resolution 61-2005 entitled:
A .RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, RATIFYING THE ADMINISTRATION'S PURCHASE AND
INSTALLATION OF TIKI HUTS AT THE NORTH PALM BEACH COUNTRY CLUB
POOL, IN THE AMOUNT OF $9,000; FUNDS TO BE EXPENDED FROM ACCOUNT
A5540-49950 HURRICANE EXPENSES; AND REPEALING RESOLUTION 36-2005 OF
• THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE
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MINUTES OF REGULAR SESSION HELD JULY 14, 2005
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.
RESOLUTION 62-2005 ADOPTED -AUTHORIZING ABANDONMENT OF EASEMENT
President Pro Tem Rennebaum moved to adopt Resolution 62-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF A CERTAIN EASEMENT
LOCATED ON LOTS 158 AND 159 OF THE PLAT OF PALM BEACH LAKE WORTH
ESTATES AS RECORDED ON PLAT BOOK 25, PAGE 168, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE.
Councilman O'Meilia seconded the motion, and all present voted aye.
VICE MAYOR NORRIS APPOINTED VOTING DELEGATE TO FLC CONERENCE
By consensus, the Council appointed Vice Mayor Norris as the Village's voting delegate to the
Florida League of Cities Conference to be held August 18 - 20, 2005, in Orlando, Florida.
JULY 28, 2005 COUNCIL MEETING SUSPENDED
President Pro Tem Rennebaum moved to suspend the July 28, 2005 Regular Session and
Workshop Session of the Village Council to allow for scheduled staff vacations. Councilman
Noel seconded the motion, which passed 3 - 1, with Councilman Noel, President Pro Tem
Rennebaum, and Mayor Eissey voting aye, and Councilman O'Meilia opposed.
RESTATEMENT OF COMPREHENSIVE ANNUAL FINANCIAL REPORT ACCEPTED
Councilman Noel moved to accept the restatement of the Comprehensive Annual Financial
Report for fiscal year ending September 30, 2004. Councilman O'Meilia seconded the motion.
Mr. Bates discussed the restated financial report. Thereafter, the motion passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Mr. Bates reviewed the Medical Claims Audit Report prepared by Siver.
Discussion was held concerning whether the Village would join Wellington and other
municipalities in appealing the final decision of the Circuit Court regarding the annexation
lawsuit (Case No. 502004CA009387XX~~NIB, Village of Wellington, et al v Palm Beach County).
Councilman O'Meilia moved that the Village join in the appeal and contribute $10,000.
Councilman Noel seconded the motion, which failed 2 - 2, with Councilman Noel and
Councilman O'Meilia voting aye, and President Pro Tem Rennebaum and Mayor Eissey opposed.
Discussion took place on the Tennis Shop Facility with regard to subsidizing architectural
renderings to be used for fundraising purposes in order to obtain private donations for a new
• facility. Council consensus was that the Country Club Advisory Board be asked to consider this
in conjunction with proposals for the master plan.
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MINUTES OF REGULAR SESSION HELD JULY 14, 2005
VILLAGE MANAGER MATTERS/REPORTS
• Mr. Bates noted that, due to a conflict with Palm Beach County, the 1st Budget Public Hearing
will be held Wednesday, September 7, 2005 at 7:30 p.m. Brief discussion ensued regarding the
Regular Session. Council consensus was to hold only the Budget Public Hearing September 7th
and meet in Regular Session on September 8th.
Mr. Bates announced that while he and Assistant Village Manager Doug Smith are on vacation,
Chief Knight will be Acting Village Manager.
REPORTS OF SPECIAL COMMITTEES AND ADVISORY BOARDS
Mayor Eissey acknowledged receipt by the Council of the following Board minutes:
Library Advisory Board meeting held 5/24/05
Audit Committee meeting held 6/8/05
Library Advisory Board meeting held 6/28/05
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:35 p.m.
,._-
Melissa Teal, CMC ~
Village Clerk
•
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