12-09-2004 VC REG-MMINUTES OF THE REGULAR SESSION
• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 9, 2004
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
President Pro Tem O'Meilia gave the invocation, and Vice Mayor Eissey led the public in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
The Minutes of the Special Session held 10/13/04, Minutes of the Special Session held 10/21/04,
Minutes of the Interview Meeting held 11/18/04, and Minutes of the Regular Session held
11/18/04 were approved unanimously upon motion by Vice Mayor Eissey and second by
Councilman Rennebaum.
MANAGER'_S_REQUEST FOR COUNCIL APPROVAL TO ACCEPT MEETING AGENDA
FORMAT
Discussion took place concerning the Village Manager's request that Council approve the
revised order of business as listed on the agenda. The order of business was approved by
Council consensus.
ORDINANCE 32-2004 ENACTED -COUNTRY CLUB FUND BUDGET AMENDMENT
FOR OVERTIME PAY IN COUNTRY CLUB ADMINISTRATION
President Pro Tem O'Meilia moved that Bill 1158 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 APPROPRIATE FUNDS IN THE AMOUNT OF $1,000 FOR OVERTIME IN
COUNTRY CLUB ADMINISTRATION
Minutes of Regular Session held December 9, 2004
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 1158 as Ordinance 32-2004. Councilman
Norris seconded the motion, which passed unanimously.
ORDINANCE 33-2004 ENACTED -VOLUNTARY ANNEXATION
Vice Mayor Eissey moved that Bill 1159 (Ordinance 33-2004) entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ANNEXING TO THE VILLAGE A COMPACT, CONTIGUOUS
PARCEL OF LAND LOCATED AT 9225 ALTERNATE A-1-A NOW OCCUPIED BY
U-HAUL CO. OF FLORIDA, INC., AND CONSISTING OF 0.92 ACRES OF LAND, MORE
OR LESS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND
MADE A PART HEREOF; REDEFINING THE BOUNDARY LINES OF THE VILLAGE TO
INCLUDE SAID PROPERTY; PROVIDING FOR AN EXPRESS WAIVER OF SIGNAGE
AND LANDSCAPE PROVISIONS FOR A PERIOD OF EIGHT (8) YEARS; DIRECTING
THE VILLAGE CLERK TO PUBLISH NOTICE OF THE VOLUNTARY ANNEXATION IN
ACCORDANCE WITH THE FLORIDA STATUTES; AND, PROVIDING FOR AN
EFFECTIVE DATE
be placed on second reading and read by title alone. President Pro Tem O'Meilia seconded the
motion, which passed unanimously.
Councilman Rennebaum moved to enact Bill 1159 as Ordinance 33-2004. Vice Mayor Eissey
seconded the motion, and all present voted aye.
ORDINANCE 34-2004 ENACTED -REZONING
President Pro Tem O'Meilia moved that Bill 1160 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A PARCEL OF LAND LOCATED AT 9225 ALTERNATE
A-1-A CONSISTING OF 0.92 ACRES OF LAND, MORE OR LESS, WITHIN THE VILLAGE
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED, FROM PALM
BEACH COUNTY ZONING DISTRICT CE/SUP TO VILLAGE C-2, COMMERCIAL
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. Councilman Norris seconded the motion,
and all present voted aye.
• Vice Mayor Eissey moved to enact Bill 1160 as Ordinance 34-2004. Councilman Norris
seconded the motion, which passed unanimously.
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Minutes of Regular Session held December 9, 2004
ORDINANCE 35-2004 ENACTED -SMALL-SCALE COMP PLAN AMENDMENT
• President Pro Tem O'Meilia moved that Bill 1161 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT DESIGNATED AS AMENDMENT 04-2 TO THE ADOPTED
COMPREHENSIVE PLAN FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT, AS AMENDED, BEING SECTIONS 163.3161, ET
SEQ., FLORIDA STATUTES, WHICH AMENDMENT IS ATTACHED AS EXHIBIT "A" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR REVISIONS TO THE
FUTURE LAND USE MAP SERIES; 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. Vice Mayor Eissey seconded the motion,
and all present voted aye.
Vice Mayor Eissey moved that Bill 1161 be enacted as Ordinance 35-2004. Councilman Norris
seconded the motion, which passed unanimously.
ORDINANCE 36-2004 ENACTED -CODE AMENDMENT -VILLAGE MANAGER
Vice Mayor Eissey moved that Bill l i 57 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-115, RESIDENCY, AND SECTION 2-i 16,
REMOVAL, OF ARTICLE IV, MANAGER, OF CHAPTER 2, ADMINISTRATION, OF THE
CODE OF ORDINANCES OF THE VILLAGE TO PROVIDE THAT THE VILLAGE
MANAGER ATTAIN RESIDENCE WITHIN THE VILLAGE LIMITS WITHIN ONE
HUNDRED TWENTY (120) DAYS OF HIS APPOINTMENT AND RETAIN VILLAGE
RESIDENCE DURING HIS PERIOD OF APPOINTMENT AND TO PROVIDE FOR
TERMINATION BENEFITS OF THE VILLAGE MANAGER WHEN THE VILLAGE
MANAGER IS REMOVED FROM OFFICE BY THE VILLAGE COUNCIL WITHOUT
GOOD CAUSE; 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.
Vice Mayor Eissey moved to enact Bill 1157 as Ordinance 36-2004. Councilman Rennebaum
seconded the motion, which passed unanimously.
•
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Minutes of Regular Session held December 9, 2004
CONSENT AGENDA
• Vice Mayor Eissey moved to approve the consent agenda. Councilman Rennebaum seconded
the motion, which passed unanimously. The following items were approved:
Adopted Resolution 74-2004 approving Agreement extending lease with Benjamin
School for North Substation trailer property
Adopted Resolution 75-2004 approving 1st Amendment to Agreement with Randall L.
Wolff, M.D., Medical Director
Adopted Resolution 76-2004 approving Disaster Relief Funding Agreement with Dept. of
Community Affairs for Hurricane Jeanne
Adopted Resolution 77-2004 approving Palm Beach County Law Enforcement Mutual
Aid Agreement
RESOLUTION 78-2004 ADOPTED -BID AWARD FOR PHASE 3 AND 4 CANAL DREDGING
Vice Mayor Eissey moved that Resolution 78-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF SUBAQUEOUS SERVICES INC., FORT LAUDERDALE,
FLORIDA, IN THE AMOUNT OF $346,024 FOR PHASE 3 & 4 CANAL DREDGING;
FUNDS TO BE EXPENDED FROM K5200-49930 (CANAL DREDGING PROJECT)
be adopted. Councilman Norris seconded the motion.
Dave Decker, East Bay Group, was present to answer questions concerning the bid award.
Thereafter, the motion passed unanimously.
RESOLUTION 79-2004 ADOPTED -LOCAL AGENCY PROGRAM AGREEMENT WITH
FL DEPT. OF TRANSPORTATION
President Pro Tem O'Meilia moved that Resolution 79-2004 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 LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT
FACILITATES THE CONSTRUCTION OF A STREETSCAPE BEAUTIFICATION PROJECT ON
NORTHLAKE BOULEVARD FROM US HIGHWAY ONE TO SOUTHWIND DRIVE WITHIN
THE VILLAGE, AND, PROVIDING FOR AN EFFECTIVE DATE
be adopted. Councilman Norris seconded the motion, which passed unanimously.
•
AUDITOR PAYROLL PROCEDURES REPORT
Tony Grau, Grau & Company, P.A., answered questions concerning the payroll audit report.
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Minutes of Regular Session held December 9, 2004
PALM BEACH COUNTY ANNEXATION LAWSUIT
• Vice Mayor Eissey moved to direct the Village Attorney to file a Motion to Intervene as a
plaintiff in the lawsuit between the Village of Wellington and the City of Delray Beach, Plaintiff,
vs. Palm Beach County, Florida and Theresa LePore, Supervisor of Elections for Palm Beach
County, Florida, Defendants. Councilman Rennebaum seconded the motion, which passed
unanimously.
AMENDMENT OF AUDIT COMMITTEE ORDINANCE
Councilman Rennebaum moved to authorize and direct the Village Administration and Village
Attorney to prepare amendments to the Audit Committee creation ordinances as recommended
by the Audit Committee and to bring this back for Council consideration and approval at the first
January meeting. Vice Mayor Eissey seconded the motion. President Pro Tem O'Meilia moved
to amend the motion to specify that the Audit Committee be comprised of one Councilman, four
residents, and two alternates. Vice Mayor Eissey seconded the motion, and all present voted aye.
Thereafter, the motion, as amended, passed unanimously.
VILLAGE MANAGER'S REPORT
Mr. Bates introduced the new Public Safety Director, Jimmy Knight. Chief Knight announced
the establishment of the office of Assistant Public Safety Director, and the appointment of
Captain George Warren to that position.
Mr. Bates discussed the need to defer purchase of a new vehicle for the Fire Chief and certain
equipment for existing vehicles in order to replace existing defibrillators that are no longer
serviceable by the manufacturer. Mr. Bates reported on the status of the temporary trailer at the
North Substation.
PETITIONS AND COMMUNICATIONS
The following minutes were received for file:
Minutes of Code Enforcement Board meeting held 11/1/04
Minutes of Country Club Advisory Board meeting held 11/8/04
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS
The Minutes ofthe Audit Committee meeting held 11/30/04, and its recommendation "to remove
the Village Manager's office from membership on the Audit Committee, appoint the 1st alternate
as a permanent member of the Committee, and provide for a single alternate (instead of 2)" was
received for file.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:25 p.m.
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Melissa Teal, CMC
Village Clerk
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