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05-27-2004 VC REG-MMINUTES OF THE REGULAR SESSION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH HELD MAY 27, 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 Dennis D. Redmond, 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. 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 1VIINUTES The following Minutes were approved: Minutes of Regular Session held 5/13/04 STATEMENTS FROM THE PUBLIC Christian Rivera, General Sales Manager for Ed Morse Chevrolet, addressed the Village Council regarding Ed Morse's annual sales event which requires a tent. Although an exception was made last year, the request for the tent was denied this year by the Village Manager, since the Code of Ordinances does not permit tents. Mr. Rivera was asking for reconsideration. The event runs for the entire month of June. Vice Mayor Eissey moved to allow the tent for this time only. Councilman Norris seconded the motion. During discussion, it was determined that exception to the Code could not be made "for one time only". After continued discussion, Vice Mayor Eissey moved to grant the request, "with the caveat that the Council revisit the Code in some manner in order to not have to go through this each year." Councilman Norris seconded the motion. Village Attorney Wally Baldwin advised that it would be more prudent to change the Code first and then grant approval, rather than trying to make an exception. The motion failed 1-4, with Vice Mayor Eissey voting aye, and Councilman Norris, Councilman Rennebaum, President Pro Tem O'Meilia and Mayor Noel voting nay. • As discussion continued, Village Attorney Wally Baldwin further opined that if the Council intends to put a moratorium on the enforcement of the Code in this respect, it would be appropriate that the Council definitely has the intention to amend the Code to allow for special circumstances. He further stated that it would not be proper to suspend the enforcement of the present Code as it pertains to the tents just as a means to "get around" the Code. Minutes of Regular Session Held Thursday, May 27, 2004 • Vice Mayor Eissey moved to suspend temporarily the enforcement of that particular portion of the Code until such time as the Code can be addressed to make the changes necessary. Councilman Norris seconded the motion. Mr. Baldwin again recommended that the Code by amended prior to enacting any type of moratorium. The majority of the Council agreed that the Code should be changed to provide for exceptions in the C-2 District under certain circumstances and according to certain criteria, and a draft ordinance will be placed on the next workshop to allow the Village Manager to grant special exceptions. Vice Mayor Eissey amended his motion to limit the suspension of enforcement on tents to the C-2 District and to limit it to a 90-day period. Thereafter, the motion, as amended, passed 4-1, with Vice Mayor Eissey, Councilman Norris, Councilman Rennebaum and Mayor Noel voting aye, and President Pro Tem O'Meilia voting nay. CONSENT AGENDA President Pro Tem O'Meilia moved to approve the Consent Agenda. Vice Mayor Eissey seconded the motion, and all present voted aye. The following items were approved: Received for file the Minutes of the Police and Fire Pension Board meeting held 11/4/03 Received for file the Minutes of the Police and Fire Pension Board meeting held 2/3/04 Received for file the Minutes of the Police and Fire Pension Board meeting held 4/1/04 Received for file the Minutes of the Library Advisory Board meeting held 4/27/04 Received for file the Minutes of the Country Club Advisory Board meeting held 5/3/04 Received for file the Minutes of the Recreation Advisory Board meeting held 5/11/04 VILLAGE MANAGER' S REPORT Mr. Tony Grau of Grau & Company, addressed the Council with a status report on the internal audit they are currently conducting. Mr. Grau stated that it has taken quite a while to get all the documentation they requested, but now it is in hand, and they will be present in the Village Hall beginning on Tuesday, June 1St. Mr. Grau estimated that it would take 4 to 6 weeks to complete. Village Manager Dennis Redmond reported that the Country Club Advisory Board is requesting approval from the Village Council to install a light in front of the Country Club so that it doesn't look • like a vacant building at night when it is closed. Councilman Rennebaum recommended that his wife, who is a landscape architect, donate her expertise to the Club staff prior to installing the light. 2 Minutes of Regular Session Held Thursday, May 27, 2004 • Mr. Redmond told the Council that the Country Club Advisory Board is also asking to amend this year's budget to provide for a computer system at the Club, rather than waiting until next year's budget. A brief discussion took place concerning the resurfacing of the tennis courts. The Council will renegotiate the Tennis Pro's contract prior to resurfacing the courts. The resurfacing of the courts, as well as the tennis pro's contract will be placed on the Workshop agenda of June 10, 2004. Finance Director Shaukat Khan was asked to send the department schedule for budget meetings to the Village Council, as has been done in years past. BILL 1133 ENACTED AS ORD. 09-2004 -AMENDING BUDGET TO APPROPRIATE FUNDS FOR RADIO CONSOLES Councilman Rennebaum moved that Bill 1133 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 $40,000 TO PURCHASING NEW RADIO CONSOLES FOR DISPATCH 1N PUBLIC SAFETY DEPARTMENT FUNDS WILL BE REIMBURSED BY PBC UNDER 911 INTERLOCAL AGREEMENT Be placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. Councilman Rennebaum moved to enact Bill 1133 as Ordinance 09-2004. Councilman Norris seconded the motion, and all present voted aye. BILLS 1134, 1135, 1136 and 1137 -WITHDRAWN FROM AGENDA Brief discussion was held concerning the withdrawal of the annexation ordinance 10-2004 (Bill 1134) and other ordinances associated with that annexation. Village Manager Dennis Redmond reported that U-Haul still has not been able to provide a letter stating that they are favorable towards a voluntary annexation. The Council directed the Village Manager to start over again from the beginning with a voluntary annexation on the Roby parcel which would also include the U-Haul parcel involuntarily if a positive response is not received from the corporate office of U-Haul within the next two weeks. BILL 1138 -BUDGET AMENDMENT -APPROPRIATING FUNDS FOR VOLUNTEER FIRE DEPT. APPRECIATION DINNER Vice Mayor Eissey moved that Bill 1138 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 IN THE AMOUNT OF $1,300 FOR VOLUNTEER APPRECIATION DINNER 3 Minutes of Regular Session Held Thursday, May 27, 2004 • Be placed on second reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. President Pro Tem O'Meilia moved to enact Bill 1138 as Ordinance 11-2004. Councilman Rennebaum seconded the motion, and all present voted aye. ORD. 12-2004 ENACTED -BUDGET AMENDMENT APPROPRIATING $15 000 FOR CONCEPTUAL DESIGN STUDY FOR NPBCC GOLF COURSE President Pro Tem O'Meilia moved that Bill 1139 entitled: AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE NORTH PALM BEACH COUNTRY CLUB FUND BUDGET FOR THE FISCAL YEAR 2003-2004 TO APPROPRIATE FUNDS IN THE AMOUNT OF $15,000 FOR PROFESSIONAL SERVICES FOR THE CONCEPTUAL DESIGN STUDY Be placed on first reading and read by title alone. Councilman Norris seconded the motion, and all present voted aye. President Pro Tem O'Meilia moved that Bill 1139 be enacted as Ordinance 12-2004. Councilman Norris seconded the motion, and all present voted aye. RESOLUTION 33-2004 ADOPTED -SUPPORTING SEACOAST UTILITY AUTHORITY IN THE SCRIPPS PROJECT President Pro Tem O'Meilia moved that Resolution 33-2004 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, SUPPORTING SEACOAST UTILITY AUTHORITY HAVING SERVICE JURISDICTION OVER .AND PROVIDING WATER AND SANITARY SEWER SERVICE TO THE SCRIPPS RESEARCH PROJECT; AND, PROVIDING FOR AN EFFECTIVE DATE Be adopted. Vice Mayor Eissey seconded the motion, and all present voted aye. FIRE/RESCUE LEVEL OF SERVICE -COMMENTS ON THE COUNTY RESOLUTION Discussion was held concerning the League of Cities request for a letter specifically addressing the resolution already passed by Palm Beach County on the Fire/Rescue Level of Service. The Council agreed to send another letter based on Village Attorney George Baldwin's letter of 5/17/04. Additionally, another resolution will be prepared incorporating the points as detailed in Mr. Baldwin's letter. The resolution will be placed on the Workshop agenda on June 10, 2004. • GREENS MAINTENANCE TECHNICIAN 1 POSITIONS -FULL-TIME TO PART-TIME Vice Mayor Eissey moved to approve conversion of two vacant full-time Greens Maintenance Technician I positions to part-time; and approve the budget transfer of $11,000 from full-time 4 Minutes of Regular Session Held Thursday, May 27, 2004 • pay (L8045-11210) to part-time pay (L8045-11300). Councilman Norris seconded the motion, and all present voted aye. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:30 p.m. l thleen F. Kelly, C C Village Clerk •