01-27-2005 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
JANUARY 27, 2005
Present: Donald G. Noel, Mayor
Dr. Edward M. Eissey, Vice Mayor
Charles R. O'Meilia, President Pro Tem
David B. Norris, Councilman
Robert F. Rennebaum, Councilman
Mark Bates, Village Manager
George W. Baldwin, Village Attorney
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Noel called the meeting to order at 7:30 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Norris gave the invocation, and President Pro Tem O'Meilia led the public in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The following minutes were approved:
Minutes of Regular Session held 1/13/05
REPORT OF THE MAYOR
Mayor Noel recognized Blaine Wise and Kelly Griffith for their efforts in collecting over $1,200
in donations for survivors of the December 2004 Indian Ocean tsunami. Mayor Noel proclaimed
January 28, 2005 as Blaine Wise and Kelly Gri~th Day in the Village of North Palm Beach.
CONSENT AGENDA
Vice Mayor Eissey moved to approve the Consent Agenda. President Pro Tem O'Meilia
seconded the motion, which passed unanimously. The following minutes were received for file:
Minutes of Planning Commission joint meeting held 11/9/04
Minutes of the Recreation Advisory Board meeting held 12/14/04
Minutes of General Employees Pension Board meeting held 12/16/04
REPORTS OF SPECIAL CONIlVIlTTEES AND RECOMMENDATIONS OF ADVISORY BOARDS
• Councilman Norris gave an update on the negotiations for property for the north substation.
Councilman Rennebaum reported on the Audit Committee.
MINUTES OF REGULAR SESSION HELD JANUARY 27, 2005
VILLAGE MANAGER'S MATTERS
• Mr. Bates reported on the recent union vote, which was in favor of FPE, the Federation of Public
Employees. Discussion took place concerning options for the collection of sales tax on Village
fees, which included leaving the existing fees unchanged; rounding the combined fee plus sales
tax to the nearest whole dollar; or revising the fee to include sales tax. Council consensus was to
continue to charge sales tax separately from Village fees.
ORDINANCE 01-2005 ENACTED -AUDIT COMMITTEE AMENDMENT
Councilman Rennebaum moved that Bill 1162 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2, COMPOSITION; TERMS; VACANCIES OF
ORDINANCE 06-2004, WHICH CREATED AN AUDIT COMMITTEE, FOR THE PURPOSE
OF CHANGING THE COMPOSITION AND TERMS OF THE AUDIT COMMITTEE;
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. President Pro Tem O'Meilia seconded the
motion, and all present voted aye.
Councilman Norris moved to enact Bill 1 i62 as Ordinance 01-2005. Vice Mayor Eissey
seconded the motion, which passed unanimously.
ORDINANCE 02-2005 ENACTED -CODE AMENDMENT -EARLY VOTING
President Pro Tem O'Meilia moved that Bill 1163 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 10, ELECTIONS, OF THE
CODE OF ORDINANCES OF THE VILLAGE, BY ADDING A SECTION 10-13 THERETO
ENTITLED "EARLY VOTING" TO PROVIDE THAT THE VILLAGE IS EXEMPTED FROM
EARLY VOTING AS SET FORTH IN FLORIDA STATUTE 101.657; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AUTHORIZING AND DIRECTING THE
VILLAGE CLERK TO FURNISH A CERTIFIED COPY OF THIS ORDINANCE TO PALM
BEACH COUNTY SUPERVISOR OF ELECTIONS; AND, PROVIDING FOR AN
EFFECTIVE DATE
be placed on second reading and read by title alone. Councilman Rennebaum seconded the
motion, and all present voted aye.
President Pro Tem O'Meilia moved to enact Bill 1163 as Ordinance 02-2005. Councilman
Rennebaum seconded the motion, which passed unanimously.
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MINUTES OF REGULAR SESSION HELD JANUARY 27, 2005
BILL 1164 -CODE AMENDMENT -AGENDA ORDER OF BUSINESS -PLACED ON
• FIRST READING.
Councilman Rennebaum moved that Bill 1164 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-26, ORDER OF BUSINESS, OF DIVISION 2 OF
ARTICLE II OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF
THE VILLAGE PROVIDING THAT ORDER OF BUSINESS MAYBE VARIED BY
UNANIMOUS CONSENT OF THE COUNCILMEN PRESENT; PROVIDING FOR
SEVERABILTTY; 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. Vice Mayor Eissey seconded the motion.
Discussion took place concerning having a separate meeting, at a time certain, for public
hearings, rather than having public hearings during the regular meeting.
The motion passed 4 - 1, with Councilman Rennebaum, Vice Mayor Eissey, Councilman Norris
and Mayor Noel voting in favor, and President Pro Tem O'Meilia opposed.
BII,L 1165 -CODE AMENDMENT -HOME OCCUPATIONS -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1165 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION F OF SECTION 45-36, GENERAL
PROVISIONS, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING
OF THE CODE OF ORDINANCES OF THE VILLAGE TO DISALLOW BUSINESS,
PROFESSIONAL, COMMERCIAL ACTIVITY OR HOME OCCUPATION FROM BEING
CONDUCTED WITHIN DWELLINGS LYING WITHIN ZONING DISTRICTS R-1, SINGLE-
FAMILY DWELLING DISTRICT, R-2, MULTIPLE-FAMILY DWELLING DISTRICT, AND
R-3, APARTMENT-DWELLING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE
Councilman Norris seconded the motion.
The Council discussed a revision to the title of the ordinance, which would delete the phrase "to
disallow business, professional, commercial activity or"; insert the phrase "deleting the
prohibition against"; add an "s" to home occupation; and delete the words "from being
conducted", so that the title would read:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION F OF SECTION 45-36, GENERAL
• PROVISIONS, OF ARTICLE III, DISTRICT REGULATIONS, OF APPENDIX C-ZONING
OF THE CODE OF ORDINANCES OF THE VILLAGE DELETING THE PROHIBITION
AGAINST HOME OCCUPATIONS WITHIN DWELLINGS LYING WITHIN ZONING
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MINUTES OF REGULAR SESSION HELD JANUARY 27, 2005
DISTRICTS R-1, SINGLE-FAMILY DWELLING DISTRICT, R-2, MULTIPLE-FAMILY
• DWELLING DISTRICT, AND R-3, APARTMENT-DWELLING DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTIVE DATE
Discussion ensued concerning revising paragraph F of Section 1 of the proposed ordinance, by
inserting the word "or" and deleting "or home occupation" in the first line; leaving in the phrase
"or within any dwelling thereon"; and adding the phrase "other than as provided by Section 17-2."
President Pro Tem O'Meilia moved to amend Bill 1165 by approving the changes as discussed.
Councilman Norris seconded the motion to amend, which passed unanimously.
Thereafter, the original motion, as amended, passed unanimously.
RESOLUTION 04-2004 ADOPTED - APPROVING AGREEMENT BETWEEN THE
VILLAGE AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, IAFF, INC.
President Pro Tem O'Meilia moved that Resolution 04-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF
NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM
BEACH COUNTY, LOCAL 2928, IAFF, INC., ATTACHED AS EXHIBIT "A", AND MADE
PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Norris seconded the motion, and all present voted aye.
RESOLUTION OS-2005 ADOPTED - AMENDING PERSONNEL RULES AND
REGULATIONS -TUITION REIMBURSEMENT
President Pro Tem O'Meilia moved that Resolution OS-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 11.02, TUITION REFUND PROGRAM, OF
THE PERSONNEL RULES AND REGULATIONS OF THE VII,LAGE; AND, PROVIDING
FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously
RESOLUTION 06-2005 ADOPTED -MEMORANDUM OF UNDERSTANDING -POLICE
BENEVOLENT ASSOCIATION
• President Pro Tem O'Meilia moved that Resolution 06-2005 entitled:
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MINUTES OF REGULAR SESSION HELD JANUARY 27, 2005
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 MEMORANDUM OF UNDERSTANDING TO AMEND
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH
PALM BEACH AND THE PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION ATTACHED AS EXHIBIT "A" AND MADE PART OF THIS
RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Vice Mayor Eissey seconded the motion, which passed unanimously.
RESOLUTION 07-2005 ADOPTED -NOTICE OF ELECTION
President Pro Tem O'Meilia moved that Resolution 07-2005 entitled:
A RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DIRECTING
THE VILLAGE CLERK TO PUBLISH NOTICE OF THE GENERAL ELECTION TO BE
HELD ON MARCH 8, 2005; NAMING THE TIME AND PLACE WHERE SUCH ELECTION
SHALL BE HELD; DECLARING THE OFFICES TO BE FILLED AT SUCH ELECTION
be adopted. Councilman Rennebaum seconded the motion, and all present voted aye.
RESOLUTION 08-2005 ADOPTED -APPROVING AND AUTHORIZING PURCHASE OF
ONE REAR LOADING GARBAGE TRUCK
Vice Mayor Eissey moved that Resolution 08-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE PURCHASE OF ONE (1) STERLING LT7500
W/ LEACH 2R-11 25 CUBIC YARD REAR LOADING GARBAGE TRUCK, IN THE
AMOUNT OF $119,501, FROM ATLANTIC TRUCK CENTER, FT. LAUDERDALE,
FLORIDA; FUNDS TO BE EXPENDED FROM ACCOUNT NO. A7020-66410,
SANITATION-CAPITAL-AUTOMOTIVE
be adopted. Councilman Rennebaum seconded the motion, which passed unanimously.
RESOLUTION 09-2005 ADOPTED - APPROVING MEMORANDUM OF
UNDERSTANDING -MULTI-AGENCY VIOLENT CRIMES TASK FORCE
Councilman Rennebaum moved that Resolution 09-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE MEMORANDUM OF UNDERSTANDING WHICH
CREATES A MULTI-AGENCY VIOLENT CRIMES TASK FORCE ATTACHED AS
EXHIBIT "A", AND AUTHORIZING THE MAYOR AND THE PUBLIC SAFETY
• DIRECTOR, JIlVIMY KNIGHT, TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING FOR AND ON BEHALF OF THE VILLAGE OF NORTH PALM
BEACH; AND, PROVIDING FOR AN EFFECTIVE DATE
S
MINUTES OF REGULAR SESSION HELD JANUARY 27, 2005
be adopted. Vice Mayor Eissey seconded the motion. Public Safety Director Knight advised
• that the Village will assign a liaison to the Task Force.
President Pro Tem O'Meilia moved to amend the resolution by authorizing the Mayor to execute
the Memorandum of Understanding, in addition to the Public Safety Director. Councilman
Norris seconded the motion, which passed unanimously.
Thereafter, the original motion, as amended, passed unanimously.
RESOLUTION 10-2005 ADOPTED - APPOINTING A 2ND ALTERNATE MEMBER TO
AUDIT COMMITTEE
By written ballot, a copy of which is attached to the copy of record, the Council appointed
Emery Newell as 2nd Alternate to the Audit Committee. Thereafter, the name of Emery Newell
was entered into Resolution 10-2005.
Councilman Rennebaum moved that Resolution 10-2005 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPOINTING A 2ND ALTERNATE MEMBER TO THE AUDIT COMMITTEE.
be adopted. Councilman Norris seconded the motion, and all present voted aye.
DEPUTY VILLAGE CLERK CONFIRMED
Councilman Norris moved that the appointment of Mary Kay McGann as Deputy Village Clerk
be confirmed. Councilman Rennebaum seconded the motion, and all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:45 p.m.
~~~~~~~ /~~~i~~
Melissa Teal, CMC
Village Clerk
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CLERK'S TALLY SHEET
Audit Committee
Janaury 27, 2005
Select 1 name:
Newell, Emery
Primm, William
Round 1
1L1~
Round 2 Round 3
,. ..•
~~~~
(Signature)
~.
BALLOT
Audit Committee
Janaury 27, 2005
Select 1 name:
Newell, Emery
Primm, William
Round 1
(Signature)
Round 2 Round 3
BALLOT
Audit Committee
Janaury 27, 2005
Select 1 name•
Round 1
Newell, Emery
Primm, William
Round 2 Round 3
'•
Select 1 name:
Newell, Emery
Primm, William
BALLOT
Audit Committee
Janaury 27, 2005
Round 1
Round 2 Round 3
~~•
:, •
BALLOT
Audit Committee
Janaury 27, 2005
Select 1 name:
~~~
/'Newell, Emery
~``"r
Primm, William
Round 1 Round 2 Round 3
~~~ ~ .~
(Signatures
•
BALLOT
Audit Committee
Janaury 27, 2005
Select 1 name:
Round 1
Newell, Emery
Primm, William ~_
(Si natu e)
Round 2 Round 3