10-28-2004 VC REG-MMINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 28, 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
Vice Mayor Eissey gave the invocation, and Mayor Noel led the public in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved:
Minutes of Special Emergency Session held 9/27/04
Minutes of Special Session held 10/14/04
Minutes of Regular Session held 10/14/04
REPORT OF THE MAYOR
Mayor Noel introduced Mark Bates, the new Village Manager.
CONSENT AGENDA
Vice Mayor Eissey moved to approve the Consent Agenda. Councilman Norris seconded the
motion, which passed unanimously. The following items were approved:
Accepted for file the Minutes of the Country Club Advisory Board meeting held 9./20/04
Accepted for file the Minutes of the Recreation Advisory Board meeting held 10/12/04
;. • Approved the Arcadis Irrigation Supply Report
Minutes of Regular Session
Thursday, October 28, 2004
REPORTS OF SPECIAL COMMITTEES AND RECOMMENDATIONS OF ADVISORY BOARDS
• President Pro Tem O'Meilia reported that the Palm Beach County League of Cities is seeking elected
officials to serve on a hurricane task force to be organized in January, 2005.
BILL 1152 -POLICE & FIRE PENSION PLAN AMENDMENT -TABLED
Vice Mayor Eissey moved that Bill 1152 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA; AMENDING DIVISION 4, PENSION AND CERTAIN OTHER
BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V, OF CHAPTER 2,
ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING
FOR AN AMENDMENT TO THE DEFINITIONS; PROVIDING FOR AN AMENDMENT TO
THE NORMAL RETIREMENT DATE AND BENEFIT; PROVIDING FOR AN
AMENDMENT TO THE MEMBERSHIP OF THE PLAN; PROVIDING FOR AN
AMENDMENT TO THE OPTIONAL FORMS OF BENEFIT; PROVIDING FOR
AMENDMENT TO THE EMPLOYEE CONTRIBUTIONS; PROVIDING FOR MONTHLY
SUPPLEMENTAL BENEFIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR CODIFICATION
be placed on second reading and read by title alone. Councilman Norris seconded the motion.
During discussion, Mr. Bates requested that the Council table this item to allow time for his
review and evaluation of the proposed changes to the pension plan. President Pro Tem O'Meilia
moved that Bill 1152 be tabled until the Village Manager brings it back. Councilman
Rennebaum seconded the motion, which passed unanimously.
ORDINANCE 28-2004 ENACTED -COUNTRY CLUB BUDGET AMENDMENT FOR
COMPUTER UPGRADE
President Pro Tem O'Meilia moved that Bill 1153 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 $10,000 FOR PURCHASE OF
POINT OF SALE SOFTWARE
be placed on second reading and read by title alone. Vice Mayor Eissey seconded the motion,
which passed unanimously.
President Pro Tem O'Meilia moved to enact Bill 1153 as Ordinance 28-2004. Vice Mayor
Eissey seconded the motion, and all present voted aye.
ORDINANCE 29-2004 ENACTED -CODE AMENDMENT -PUBLIC SITES AND OPEN SPACES
Councilman Rennebaum moved that Bill 1154 entitled:
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Minutes of Regular Session
Thursday, October 28, 2004
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 36-23, PUBLIC SITES AND OPEN SPACES,
OF ARTICLE III OF APPENDIX B-SUBDIVISIONS, OF THE CODE OF ORDINANCES OF
THE VILLAGE TO PROVIDE THAT CASH CONTRIBUTIONS MADE UNDER THIS
SECTION SHALL BE UTILIZED FOR PARKS AND RECREATIONAL PURPOSES AS
DETERMINED BY THE VILLAGE COUNCIL; 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 Norris seconded the motion,
which passed 4 - 1, with Councilman Rennebaum, Councilman Norris, Vice Mayor Eissey, and
Mayor Noel voting aye, and President Pro Tem O'Meilia voting nay.
Councilman Rennebaum moved to enact Bill 1154 as Ordinance 29-2004. Councilman Norris
seconded the motion, which passed 4 - 1, with Councilman Rennebaum, Councilman Norris, Vice
Mayor Eissey, and Mayor Noel voting aye, and President Pro Tem O'Meilia voting nay.
EMERGENCY ORDINANCE 30-2004 ENACTED -BUDGET AMENDMENT FY 2003-2004
APPROPRIATING FUNDS FOR HURRICANE RELATED EXPENSES
President Pro Tem O'Meilia moved that Bill 1155, entitled:
AN EMERGENCY ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR
THE FISCAL YEAR 2003-2004 TO APPROPRIATE FUNDS IN THE AMOUNT OF $45,000
FOR HURRICANE EXPENSES
be placed on first and final reading and read by title alone. Vice Mayor Eissey seconded the motion.
Mr. Baldwin recommended adding a section to the ordinance, to read "This ordinance is being
enacted on an emergency basis, pursuant to the provisions of Section 166.041(3)(b), Florida
Statues." President Pro Tem O'Meilia moved to amend his motion by adding the recommended
section to the ordinance. Councilman Norris seconded the motion, which passed unanimously.
Councilman Norris moved to enact Bill 1155 as Ordinance 30-2004. Vice Mayor Eissey
seconded the motion, and all present voted aye.
BILL 1156 -BUDGET AMENDMENT FY 2004-2005 APPROPRIATING FUNDS FOR
HURRICANE RELATED EXPENSES -PLACED ON FIRST READING
Councilman Norris moved that Bill 1156 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA,
AMENDING THE NORTH PALM BEACH GENERAL FUND BUDGET FOR THE
• FISCAL YEAR 2004-2005 TO APPROPRIATE FUNDS IN THE AMOUNT OF $883,000
FOR HURRICANE EXPENSES
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Minutes of Regular Session
Thursday, October 28, 2004
be placed on first reading and read by title alone. President Pro Tem O'Meilia seconded the
motion, and all present voted aye.
BILL 1157 -CODE AMENDMENT -VILLAGE MANAGER -PLACED ON FIRST READING
Vice Mayor Eissey moved that Bill 1157 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 2-115, RESIDENCY, AND SECTION 2-116,
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 first reading and read by title alone. Councilman Norris seconded the motion,
which passed unanimously.
RESOLUTION APPROVING AMENDMENT TO PBA-GENERAL AGREEMENT TABLED
Councilman Norris moved to table this item to the next meeting. President Pro Tem O'Meilia
seconded the motion, and all present voted aye.
J.E.D.L., INC. LEASE AGREEMENT PROVISION SUSPENDED
Councilman Norris moved to suspend the requirement that Lessee pay 50% of all air
conditioning repairs until the Village notifies Lessee to the contrary. Councilman Rennebaum
seconded the motion, and all present voted aye.
ACTING VILLAGE MANAGER PERFORMANCE PAY INCREASE APPROVED
Vice Mayor Eissey moved to approve a 3% performance pay increase and 2.1% cost of living
increase for the Acting Village Manager effective upon return to Assistant Village Manager pay
rate. Councilman Norris seconded the motion, which passed unanimously.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 8:17 p.m.
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;_ . Melissa Teal, CMC
Village Clerk
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