09-23-2004 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH
HELD SEPTEMBER 23, 2004
Present: Donald G. Noel, Mayor
Dr. Edward M. Eissey, Vice Mayor
Charles R. O'Meilia, President Pro Tem
Robert F. Rennebaum, Councilman
Doug Smith, Acting Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
ROLL CALL
Mayor Noel called the meeting to order at 7:30 p.m. All members of Council were present except
Councilman Norris, who had a meeting conflict. 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 following Minutes were approved:
Minutes of Special Session held 9/1/04
Minutes of Public Hearing held 9/8/04
Minutes of Special Session held 9/8/04
Minutes of Regular Session held 9/9/04
REPORT OF THE MAYOR
Mayor Noel acknowledged Village Clerk Kitty Kelly, as she retires from the Village of North Palm
Beach as Village Clerk. Mayor Noel, on behalf of the Village Council, presented Ms. Kelly with a
plaque to commemorate her years of service. Additionally, special guest and former Mayor and
Councilman, Judy Pierman, offered special remarks to be made a part of the record, both in thanks and
congratulations on her retirement.
STATEMENTS FROM THE PUBLIC
• Eddie D'Ambra addressed the Council with his com laint that he was char ed 50% of the re airs to the
p g p
air-conditioning system at the North Palm Beach Country Club. Mr. D'Ambra stated that he had no
input regarding the repairs, and there had been verbal agreement that he would not be held responsible
for 50% of the repairs until there was agreement amongst everyone concerned that the air-conditioning
had been fixed. The Village Engineer will take a look at the whole system at the Country Club and do
Minutes of Regular Session
Held Thursday, September 23, 2004
• an analysis of what is needed, since the quote on a repair included a part which would need to be
manufactured at a cost of $5,000. This item will be placed on the next workshop of 10/14/04.
Ray Brady of Captains Road addressed the Council with a request for a contribution of $549 to $649 to
cover the cost of insurance for the skydivers who will put on a show at the Country Club during the
weekend of November 6, 2004 as part of the Toys for Tots drive. The Council, by consensus, approved
this request.
Tom Elwood of 433 Lighthouse Drive told the Council about his concerns with traffic on Lighthouse
Drive after witnessing a Public Safety vehicle (a Suburban) speeding down the road on August 3rd,
which he said he clocked at 62 mph. The Public Safety Director and the Acting Village Manager were
directed to check into this complaint. The issue of traffic on Prosperity Farms Road will be brought
back to a future workshop.
CONSENT AGENDA
Item 7.d. was removed from the Consent Agenda and placed under 13.e. on the Regular Agenda.
Thereafter, President Pro Tem O'Meilia moved to approve the Consent Agenda, as amended. The
following items were approved:
Accepted for file the Minutes of the Code Enforcement Board meeting held 8/2/04
Accepted for file the Minutes of the Country Club Advisory Board meeting held 8/26/04
Adopted Resolution 58-2004 authorizing the Village Manager or his designee to
authorize and apply for permits for temporary closings of state roads for special events
Approved budget transfer in the amount of $12,200 from various Public Safety accounts
to A5711 11410 (Holiday Overtime) to cover shortage and fund account for remainder of
the year
Declared 1994 Suburban truck at Public Safety Department surplus equipment; authorized staff
to dispose of same in accordance with purchasing regulations
VILLAGE MANAGER' S REPORT
Acting Village Manager Doug Smith called upon Captain Warren of Public Safety and Hal Beard of
Public Services to provide a status report on the cleanup of hurricane debris.
EMERGENCY ORDINANCE 26-2004 ENACTED -APPROPRIATING FUNDS FOR HURRICANE
RELATED EXPENSES
President Pro Tem O'Meilia moved that Bill 1150 entitled:
AN 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 1N THE AMOUNT OF $220,000 FOR HURRICANE RELATED
EXPENSES
2
Minutes of Regular Session
Held Thursday, September 23, 2004
Be laced on first and final readin and read b title alone. Vice Ma or Eisse seconded the motion.
p g Y Y Y
During discussion, President Pro Tem O'Meilia moved to amend by increasing the amount from
$220,000 to $250,000, and to add a Section 2. to say "This ordinance is being enacted on an emergency
basis pursuant to Section 166.04 (3) (b) of the Florida Statutes". Councilman Rennebaum seconded the
motion to amend, and all present voted aye.
Thereafter, the original motion, as amended, passed 4-0.
BILL 1151 -CODE AMENDMENT -CANVASSING BOARD -PLACED ON FIRST READING
President Pro Tem O'Meilia moved that Bill 1151 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, RESCINDING AND REPEALING SECTION 10-11, VILLAGE COUNCIL TO
CONSTITUTE CANVASSING BOARD, AND SECTION 10-12, PROTEST OF ELECTION
RETURNS; INSPECTION BY CANVASSING BOARD, OF ARTICLE I OF CHAPTER 10,
ELECTIONS, OF THE CODE OF ORDINANCES OF 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 first reading and read by title alone. Vice Mayor Eissey seconded the motion, and all
present voted aye.
RESOLUTION 59-2004 ADOPTED -CONTRACT WITH CHERRY, BEKAERT & HOLLAND FOR
AUDITING SERVICES
President Pro Tem O'Meilia moved that Resolution 59-2004 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
CONTRACT WITH CHERRY, BEKAERT & HOLLAND, L.L.P., ATTACHED AS EXHIBIT "A",
WHICH CONTRACT IS FOR THE PURPOSE OF THE VILLAGE SECURING ANNUAL
INDEPENDENT AUDITING SERVICES; AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Rennebaum seconded the motion, and all present voted aye.
RESOLUTION APPROVING VILLAGE ANNEXATION PLANNING STATEMENT TABLED
President Pro Tem O'Meilia moved that a Resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE VILLAGE ANNEXATION PLANNING
• STATEMENT ATTACHED AS EXHIBIT "A" AND MADE PART HEREOF; AND,
PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor Eissey seconded the motion.
3
Minutes of Regular Session
Held Thursday, September 23, 2004
During discussion, Charles Wu, Growth Management Administrator of Palm Beach Gardens,
• addressed the Village Council with a formal letter of objection by Ronald M. Ferris, City
Manager of Palm Beach Gardens, on behalf of the City of Palm Beach Gardens to the Village's
annexation planning statement. In particular, the objections stated concern the Ellison Wilson
area and the inclusion of the Hidden Key Subdivision.
It was explained to Mr.Wu that the Annexation Planning Statement being considered by the
Council is simply a planning tool, something in writing that the Council can work from, and is
not something that is cast in stone. Mr. Wu was asked to relay that information back to the City
of Palm Beach Gardens. Councilman Rennebaum moved to table this item until the next Regular
meeting when a full Council is present. Vice Mayor Eissey seconded the motion, and all present
voted aye.
RESOLUTION 60-2004 ADOPTED -NAMING COl~~IlV1IJNITY CENTER BALL FIELD
COMPLEX FOR EX MAYOR AND COUNCILMAN TOM VALENTE
President Pro Tem O'Meilia moved that Resolution 60-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE PLACEMENT OF A PLAQUE
OR MONUMENT OF A PERMANENT NATURE AT THE VILLAGE COMMUNITY
CENTER COMPLEX LOCATED AT 1200 PROSPERITY FARMS ROAD, NORTH PALM
BEACH, FLORIDA, DEDICATING AND NAMING THE BALL FIELD COMPLEX AT THE
VILLAGE COMMUNITY CENTER AFTER TOM VALENTE IN RECOGNITION OF HIS
TIRELESS AND DEDICATED SERVICE AND CONTRIBUTION 1N THE
ORGANIZATION, DEVELOPMENT AND OPERATION OF YOUTH SPORTS PROGRAMS
IN THE VILLAGE OF NORTH PALM BEACH; AND, PROVIDING FOR AN EFFECTIVE
DATE
Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye.
RESOLUTION 61-2004 ADOPTED -CONFIRMING LOCAL STATE OF EMERGENCY
CURFEWS
President Pro Tem O'Meilia moved that Resolution 61-2004 be read by title only. Councilman
Rennebaum seconded the motion, and all present voted aye.
President Pro Tem O'Meilia moved that Resolution 61-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, CONFIItMING A DECLARATION OF A STATE OF EMERGENCY, AND
AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF
LINIITS
Be adopted. Councilman Rennebaum seconded the motion, and all present voted aye.
4
Minutes of Regular Session
Held Thursday, September 23, 2004
• RESOLUTION 62-2004 ADOPTED -AWARDING BID FOR TENNIS RESURFACING
President Pro Tem O'Meilia moved that Resolution 62-2004 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
ACCEPTING THE BID OF FAST DRY COURTS, INC., POMPANO BEACH, FLORIDA, 1N
THE AMOUNT OF $46,999 FOR TENNIS COURT RE-SURFACING/OVERHEAD
IRRIGATION INSTALLATION AT NORTH PALM BEACH COUNTRY CLUB; FUNDS TO
BE EXPENDED FROM L8050-66210 (CONSTRUCTION & MAJOR RENOVATION)
Be adopted. Councilman Rennebaum seconded the motion. The motion passed 3-1, with
Councilman Rennebaum, Vice Mayor Eissey and Mayor Noel voting aye, and President Pro Tem
O'Meilia voting nay.
VILLAGE CLERK SALARY
Vice Mayor Eissey moved to authorize an annual salary of $60,000 for the new Village Clerk,
effective September 30, 2004. Councilman Rennebaum seconded the motion, and all present
voted aye.
LIBRARY GIFT ACCOUNT
Vice Mayor Eissey moved to approve the disbursement of interest earned on the Library Gift
Account (A0000-24757) back into Account A0000-24757. Councilman Rennebaum seconded
the motion. During discussion, it was agreed by consensus that this change will begin on
October 1, 2004. Thereafter, all present voted aye.
BUDGET TRANSFER APPROVED FOR PUBLIC SAFETY TRAINING OVERTIME
President Pro Tem O'Meilia moved to approve a budget transfer in the amount of $7,000 from
various Public Safety accounts to account A5711-11420 (Training Overtime) to cover deficit in
the account due to pay increases and increased training requirements. Councilman Rennebaum
seconded the motion, and all present voted aye.
BUDGET TRANSFER APPROVED FOR FACILITY MAINTENANCE REGULAR PAY
President Pro Tem O'Meilia moved to approve a budget transfer in the amount of $20,533 from
account A5540-49914 (Reserve-Misc.) and account A5540-49916 (Reserve-Accrued Benefit) to
account A5519-11210 (Regular Pay). Councilman Rennebaum seconded the motion, and all
present voted aye.
LOCAL STATE OF EMERGENCY DECLARED
• President Pro Tem O'Meilia moved to declare a local state of emergency in the Village of North
Palm Beach due approaching hurricane Jeanne. Councilman Rennebaum seconded the motion,
and all present voted aye.
5
Minutes of Regular Session
Held Thursday, September 23, 2004
r ~
~J
BUDGET TRANSFER APPROVED FOR FACILITY MAINTENANCE REGULAR PAY
President Pro Tem O'Meilia moved to approve a budget transfer in the amount of $20,533 from
account A5540-49914 (Reserve-Misc.) and account A5540-49916 (Reserve-Accrued Benefit) to
account A5519-11210 (Regular Pay). Councilman Rennebaum seconded the motion, and all
present voted aye.
LOCAL STATE OF EMERGENCY DECLARED
President Pro Tem O'Meilia moved to declare a local state of emergency in the Village of North
Palm Beach due approaching hurricane Jeanne. Councilman Rennebaum seconded the motion,
and all present voted aye.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:40 p.m.
~~
~~
~~
6